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·EPITOME OF THE LAW
P.ELATING TO
BUROPEAN BRITISH SUBJECTS
IN TIC
MOFUSSIL;
WITH THE RULES FOR MAKING COMMIT.
MENTS TO THE HIGU COURTS &c., &c,
TIIRD EDITIOX;
REVISED AND LXLARGED).
COMPILED BY
1
11
JOIN BICKERS,
Del'UrY MAGISTRATE OF ALLAJIA1A1).
Author of " Practical Guide to Rerenne Laicamil l'ouer,
" Tiain Directions relating to Treasurg Drople and
Gorernment Paper" —" Janual of 4211,
mary Sril Procedure under den
No 1939."
ILLUILIBID:
I'NINTED AT TILE ALLAHABAD, CEST:16 117,
1963.

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·PREFACE. This is a revised and considerably enlarged edition of a work published ten years ago, which has long been out of print. During this interval varions Acts have been passed, in the provisions of which European British Subjects are concerned, in a greater or less degree, equally with the natives; and it was suggested to the compiler that a re. issue of his former publication which should include these new laws might prove useful to the large body of officers cxercising judicial functions as well as to the european public gencrally. The present compilation is the result of this suggestion; and all that the compiler lias to say respecting it is simply this, that he has done his best to make the work as complete as it was possible to make it consis. tently with the means of information within his rcach, Allahabadl, December 1863.

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·TYPOGRAPHICAL ERRORS 17 90 11 ... 11 13 .. 17 16. ... .. other 33 ... 11 ... .. Title page line 14 for Treasurg read Treasury. Ditto 15 for Government Government. " l'age 11 20 East Indian Conipany East India Company, 6 2 emoulments emoluments, Government Government. 8 11 was to the wa9 put to the Adovcato Advocate. When when 11 3 provision provisions 6 ortlier 13 13. Madrass Madras 19 11.416 inconvenienccs ... inconvenience. 23 7 Dischargel Discharge 11 It is I tho 18 Jagistrates Magistrate 20 given giving xhuuld should requistion requisition 8t'rvent Berrant 28 imprisiomnent imprisonment 8 Hervent servant 21 section sections 23 Rescano Nevenue 15 8 blives Lelieves convicton contiction 37 3 gooris chattels Souls and chattels 38 21 certiorari conviction right writ 59 to cf 40 1 liviert lurial 13 BO ... ... .... 7 11 لان .. t . 5+

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·CONTENTS. 1 ... . 4 ... IS .. 5 .. 1.. ... 15 . .. ... Page. Persons entitled to claim the privileges of Europcau British Subjects, Amenability, Landed Property and its obligations, Powers of Magistrate, G The provisions of 53 Geo. III Cap. 153 Soc. 103 cxtended to other persons besides natives, Rules for the observance of Diofussil Magistrates in the case of British Subjects committed by them for trial by the Supreme Court at Calcutta, 1+ Rulcs for regulating the payment of travelling allorances &c, to prosecutors and witnesses attending criminal trials at the Iligh Court of original jurisdiction in public prosecutions, 17 Coinmitmcuts to High Court in its original criminal jurisdiction 10 Regarding the taking of recognizance and security to keep ... 21 Regarding Contempts and Disubclience of onders, ... 25 Regnrıling offences against the Post Ofico Act, Regarding offences against the Railway Act, Regarding ollunces ngainst the Telegmpli Act, 40 Negarding offences against the Anus Act, 12 Regarding offences ngninst the Police .Ict, 11 Regarding offences against the Stage Curridge Act, Regarding ollences against the Salt let, Reguring offences norint the Stamp Act, limarding otlinces comunittert ly European Briti: Sul jects attaslied to the Armur, . the peace, ... ... 3 s.. ... ... . .." ...

·ii Calcutta Magistrato shall be a E. B. S. ... I. 27 . on or 11 . .. . 11 P. DOO 91 ... . . ... 11 I. . OOO 2 . ... to either Fort William Surgeons Engineers provisions Deserting January Circular 18 that ruch Person had been put in irons Majerty's hereinafter 9) ... ... Page 41 linc 3 for Culcutta read 11 Magistate 47 6 shall be E. B S. 25 7) 51 2+ te 33 ether 32 1 ... Fort IVillam 25 Sargeons 55 6 Engineer 28 provision 56 . Desertion 8 Januarg 17 48 59 20 that Person 62 ... lialın put in irons 07 17 Magesty's 73 13 hereafter 77 25 limuts of jurisdiction 81 5 consist or Eu? ropeans 82 ... penson 67 . ... to to dismissal 90 9 zillah Judge .. .. • ... Cricular .. ! . J? limits of its jurisdiction consist of Europcany + 28 .. person to be dismissei zillah Judges 200 ·EUROPEAN BRITISH SUBJECTS. PERSONS ENTITLED TO CLAIM TIIE PRIVI. LEGES OF EUROPEAN BRITISII SUBJECTS, Tnc Courts of S. D. A & N. A. have had before them your letter dated 7th Instant, with its enclosure from the Judge and Magistrate of Bareilly, requesting the opinion of the Court as to whicther a person namci Dubois, who was born at Chawler. nagore of European parents, should be considered an European, and consequently subject to thic prohibition contaiucd in Scc. 3 Reg. XIX, 1803. 2. In reply, I am desired to conmunicate to you the opinion of the Court, that tlo parents of the individual aboro namcil having been Europeans, the place of his birth is immatcrial; anii that lie should therefore be considered an Eumjcan. Conr. No. 397. ILLEGITIMATE children should he classed with their mothere, and must be considered British Sulujects, European foreigners, or American, according as their mothers may respectively in Britisli, Foreign European, or American. Cons No. 800. Tur: illegitimate son of a L. B. S. hs a native mother can be tried by the Local Criminal Courts on a charge of Adultery, but under the existing regulations a inarried woman, the legitiinata child of British father, is not nmerable to the Local Courto on at similar charge preferred ngrinat her by dier lubans! Corn Vo 978 1 PERSOY born in India, in rellock, of a Europass Go! Last Indian mother, is a British subject, and I to ai! :'s pruileges enjoy el listint class Cons, yo 13.

·ii .. Page. Negarding the apprehension of European Soldiers deserting from Iler Majesty's Regiments, 56 I'owers of Justice of the Peace. GI Regarding the trial of European British Subjects by the Iligh Court sitting under a caminiesion in the Alnfussil, 70 Regarding the trial of European British Subjects by thic High Court of Judicature in the Punjab, 77 Regarding the procedure to be adopted when the offences of giving falso evidence, Forgery and Contempts and Disobedience of orders are committed beforc a Civil Court, 82 Court of Requests, 83 Miscellancous, 86 Estates of Deceased Europcan Britislı Subjects,... 87 . . .. ... .. ... OS ... ... ABBREVIATIONS, ... .. ... C. 0. Cons ср. с DI FB.S F. I. C. G. G. J.M. 1. P. M. T.C. S. C. S D. A. Sec. SX Circular Order. Construction. Criminal Procedure Code Deputy Magistrate. European British Sulject. Erst Indian Company. Gorernor Gencral. Joint Magistrate. Justice of tlic i'cace, Monstrate. Penal Code, Sufiteme Court. Sudder Dewany dlarlot Section of an ach Suducr Vizatnut Adarint. . . . + . .

·3 Native Armenian, Enst Indian, or forcign mothers. Whether the privilege extends beyond the grandson has never been determined, and may be treated as an open and doubtful question, Dly own opinion is that if the East India Company's posses- Fions in India continued in the same state, in respect of govereignty, as they were in 1774, when tlic Charter and the first Stitute relating to the Supreme Court were passed, no descendant beyond the grandson of a E B S. would be entitled to the privilegcs of a Britislı subject, such descendant and his father, and intermediate male ancestor or ancestors being born in this colin. try For in that case, os India mas, when the Charter and Sta. tute passed, out of the allegiance of the Crown, and its inhabitants were in theory the subjects of the Great Mogul, the descendants born in this country of a E B S. trould be born out of the allegiance, and would be alicas, but for the operation of cortain general English Statutes (23 Edward III, chap 2.--7, Anne chap. 5.- Geo. II chap 21,-13 Gco. III chap. 21) and by theo statutes the privileges of a British subject arc limited to grandchildren by the father's side of natural-born subjects. The fame result would follow whether the mother or female anccs. tors were British subjects or not, But my impression is that from the time when our possession in India became the dominion of the crown, a different result followed; and that all children, grandchildren, or more remote legitimate descendants, born after that time within thosc domini. ons of n RS became themsetres entitled to all the privileges of a British subject without the nid of the general statuter alioso referred to as being born within, and not out of, the allegiance of the Croirn I therefore am inclined to think, that in respect of all persons descended legi- • The date of such rating, it was tsinly after 1774, and plerings to 1813 timately from a male E RS. Practically for the prent perpues I thint the beginning of the centers as and burn in British Indig sub #lalea the Taal syQently to the restinn the sovereignty in the Crown there is no limit in mint of dit: of descent, to the rights of such perons to clsim the pririlemes of British subjects. S..... Varci 23nl 1833-C.0.10. 3.

·2 THE FOLLOWING is the opinion of the Adrocate General giron in anawer to certain questions put by tlic Joint Magistrate of Jir. zaporc in 1858 relative to the liability to the Mofussil Criminal Courts of persons born in this country lawfully descende from malo European Britislı Sulijects, wliosc niothers, stand ino. thers or more remote ancestrexsey, may not have been in any sense British subjects. Tlıc questione put are thics:-- A, tlic son of a EB, S. is born in wcillock nt Patna in India and married an Armenian woman in thi, country, from whom hic lind iesuo B, likewise born in lawful wedlock. Is B. a E B S. 80 as to render him nol amenable to tlic Mcfurssil Criminn! Court, or not? Wlint is the liinit, if any, to country-born persons, descended legitimately from ono European inalo nncestor scvernl generatrons back, to be thicinselves considered ny E. B. S. so ay to render them not nincnable to tlie si Cutirts? Reply of the elecule General (ll. Rilchic.) I am of opinion that in the caso (rut loy you) B. as the son loom in wedlock of A. who was the son born in wedlock in British Inlia, of a £. B. S. is clcarly a Briti+lı subject within tho incaning of the Charter of, awl Acts relating to the Suprime Court, anul 14 not arcuable to the jurisdiction of tlic Mufus«il Crnal Court. The circumstance that A's mother w:29 an Armenian, ani tint 1's mother was not a l. RS.makes no differenco in this rema. fort. The man of a father who was a E B. S. and the moon of. rurlimon, are in the British salijects within the nicaning of the Charter and Statutes, whatever be the race or country of their mulher, provide the sons won twrn ir, nadlexha The wron:lyustion put lis 1011 is ninune dificult one. It is certain that the Irgitimate goals in the male line of 1. BS are entitlal in all the prisilungent of British milijarta within the meaning of the Charter and Statutos, though Intl they and their fathen may lase layers lom in this country of ·being tried and convicted before the Supreme Courts of Juica. fure for offences committed beyond the local limits of such courts Sec. 2G. AXENABLE TO THE MOFUSSIE Counts POR OYFEXCES AGAINST THE ACT CONCERNING THE BINDING OF APPRENTICES. For tho purposes of this Act all Britisk suhjects, wherever or of whatever parents bora, as well as other person' in the terri toring under the Government of the East India Company without the Towns of Calcutta and Mndras, and the Town and Island of Bombay, shall he amenable to the jurisdiction of the Courts and diagistrates of the East India Company Act 111 of 1830 Sec. 23. w NOT ABLENARLE TO TILE "ACT FOR TAC TSEVEXTIOX, Trill, AXD YUNISHMENT OF OTTENCES AGAINST TIC STATE. Nothing in this Act shall catend to the trial or punishment of any of lier Majesty's natural-born subjects born in Europe, or of the children of such subjects. vic II 1837 Sec. O. LANDED PROPERTY & ITS OBLIGATIONS. Ir is licrely enacted that after the 1st day of Way next it shalt lue lax ful for any subject of Her Majesty to acquire and holil in perpetuity, or for any term of scars, property in land, or in any emolument, issuing out of land, in any part of the territories of the Fast India Company. And it is hierchis chacted, that all rules nhich prescribe the manner in which such property as is aforesaid may now be ac quired and held ur nilires of the said territories shall extend t3 all garsons nho shall, under the authority of this lct, scquire or hold such proferty. Act IV. 1937.

·ADIENABILITY. AJIENADLE TO TUE CITIL Courts. No person whatever shall, by reason of place of birth, or luy reason of descent, Le in any civil proceeding Whatever cicepted from the jurisdiction of any of the Civil Courts, Act VIII, 1859 Sec. 4. ANCSABLE TO TIE REVENUC Courts. It is hercloy enacted and declared, that within the British terntones under the Government of the East India Company, so gerson whatever is or shall be, by reason of place of birth, or loy reason of descent, 10 nny proceeding whatever connected with arrcars or esactions of rent, excepted from thio jurisdiction of the Revenne Courts, any thing in Act No. XI of 1836 containcù not. withstanding. Il III 1839. AUCHADLE TO TIIC CODE OP Cr.3XAL PROCEDITE. Yo person wliatorer shall, ly reason of place of birth, or by rezon of descent, le cxempt from the rules of Criminal Pro. celuro containel in this Act.-I'souile that nothing in this acction shall be lol) to authorize the trial or cummitincnt for trinl 1x fore nny Crinunal Court, of nny person who, in respect of the oforeer hitli which lie is charged, is not fulject to the jurisdic. tion or that court. C.P.C. Sc. 3, Errepi izlere othermier esforcuely pri ly this Act, csery niin er aftall loc epuired into anillottnind in the lastriit, et dission of a satirt in hiel ti offrire ai courettet l'int. si!!!! nching in this action plul! (0:! 1: 1: S fruta ·7 their trial before such Court of Session or Supreme Court, and to exercise all the powers nccessary for such purpose. Sec. 38. No person who is not a Justice of the Peacr, shall commit, or kuuld to bail, any E. 3. S. to take his trial before a Supremo Court of Judicature. Sec. 39. When a E. B. S. is charged with an offence triatlo by n Sipreme Court of Judicature, any lingistrate may hear the complaint against such person, and may issue a warrant of arrest, or hold to bart such person, with a view to the complaiut being investigated by a Justics of the Peacc. Sca. 40. Whep a B B. S. has been arrested under a warrant, issued under the last preceding Section by a Magistrate, not being a J.P. if such Magistrate, considers that there is sufficient ground for proceeding, he shall forth with forward the person arrested to a J. P. or if the offonco with which sucla person ie charged ia bailable, shall, if sufficient bail be tendered, admit him to lail for lus appearence before a J. P. Then tuc person accused is brought or appears before a J. P. under this Section, such J.r. skall himself hold the preliminary enquiry into the case before lic commits or holds to bail such person for trial before tho Supreme Court of Judicature, Scc. 41. Nothing in this chapter shall interfere with the Jurisdiction giren hy the Statato 53 Gcorgo III C 153, S 103 or Act VII 01833 (to extend the juriediction of Magistrates under the 53 Gcorgc III C 153 S 103 in Miss of asmult forcible entries, and other injuries accompanied by forre, not being felonies) Pro vided that the jurisdiction given by the said statute and the sail Act, suali bo cxercised only by a J. P. Sec. 42. In tho erent of its being found necessary to commit a E B. S for trial before the Supreme Court, it will be decessary for the ·6 NO PERSOX whatever, being the owner, holder, or farmer of any property in land, or in any emouiments issuing out of land, in any part of the said territories (British India) whether in perpetuity or for a term, or being a local Agent, or Manager of any such property, is by reason of his place of birth, or by reason of his descent, exempt from any public charge or assessment, or from any duty connected with the Police, or with the Salt or Opium Revenue, or from any duty whatsoever of a public nature, to which he would otherwise be subject, as the owner or bolder of such property, or as a local Agent or Manager thereof. Act II 1853 Sec. 1. For the non-payment of any such public charge or assessment, or for the breach of any such duty as aforesaid, or for any neglect or misconduct in the discharge thereof, every person, whatever may have been his place of birth or his descent, shall be subject to the same laws, regulations, and procedure, and to the same jurisdictions, as if he were a native of the said territories. Sec. 2 POWERS OF MAGISTRATES. It shall be competent to the Magistrate of the District, or to any other officer exercising the powers of a Magistrate, to hold the preliminary enquiry into any cases triable by a Supreme Court of Judicature, and to commit or hold to bail persons to take their trial before such court, and to exercise all the powers necessary for such purpose. C. P. C. Sec. 37. The Local Gererament may empower any Subordinate Ma. gistrate of the first or second class, not rested with such power by any law for the time being in force, to bold the preliminary enquiry into cases triable by the Court of Session, or by any Supreme Court of Judicature, and may empower such subordipate Magistrate to commit or hold to bail, persons to take ·9 Jiim. A Magistrate will not be justified, if he lias reason to suppose that a prisoner is a E. B. S. in proceeding against liim as iflic were not one, without first giving him a distinct opportumty of pleading that he is one. If he do not so pleadl, or bc not ablc, upon timo being allowed him for that purpose, to nd. Juce any satisfactory proof of his being a E B. S. thic Magistrato will be quite warranted in proceeding against him. If lic do so plead, and give proof or produce documents which although not amounting to full legal proof of his status, satisfy the court that lic is really a E. 3. S. thic Mngistrate should without put. ting tho prisoner fully to completo liis proof by strict legal cvidenco, take up the casc as a J. P. and send it up to the Supreme Court, taking card to record distinctly the statement mado by the prisoner that lic is a British Subject of lawful European dcscent. S.N. A, 2311 March 1839 No. 3. E. B. S. Wlien brought beforo the Magisterial authorities for any alleged offence is not to be interrogated upon the matter charged agninst him, but incrcly asked if lic wislies to make a statement in regard to the charge, and at the same tinc mamed that whatever ho may say will lo made usc of against him. Alter such question and warning, the statements made by the accused are to lie taken down, and the following forn of examination is to bo made uso of;—Tlc examination of A. Hofindigo planter, taken hy mo J. P. Is Magistrate ofand ono of Her Majesty's Justices of the Peace the day of—160—; the snill ornninant being charged on the solemn Affirmation of C. D. of---with having (here slate the charge) and bring duly caution. cu saith Taken before ine the day an: year alore mentionc. S X. of 23th April 1843 No. 328. In cases of assault, forcible entry, or other injury accompanied with forte, committed by n l. I S. on a Xatire of India, the Mngistrate inny impuse a fine et crceeling 500 Ria This finc if not mit may be lesiai upon his property If as propostale ·8 conviction of such person that there be direct proof of his amenability to that court. The mode of proof will consist in the evidence of a credible person wlio knows the accused and his place of birth, or who has heard him declare of what country he is. S. N. A. 4th April 1815. No. 434. The Criminal Courts are enjoined not to proceed to try and sentence a person whom they may themselves have fair reason, from any cause, to regard as probably not subject to their jurisdiction, without making all practicable enquiry to satisfy themselves on this point. S. N. d. 28th March 1850 No. 357. The following question was to the Adorcate General by the Joint Magistrate of Mirzapore : -I beg also to request that you will be good enough to inform me whether the Circular of the Sudder Nizamnt, throwing the onus probandi, that a defendant 18 amenable to the NLofussil Court i. e, is not a European British Subject, on the Magistrate or Committing Officer, is still in force or not? ANSWER. The Construction No. 759 of the Sudder Nizamut Adawlut appears to be still in force in that court; but it is, I appreliend, inaccurately framed, and has been remarkrd on as incorrect by the late Chief Justice Sir Lawrence Peel in the Supreme Court. It is also, if taken without qualification, opposed to the spirit of the Priry Council's decision in Calder vs. Halnett. I think lowever that the rule itself is not incorrect if it be taken with the following qualification :-)f te Dlagistrate know that the prisoner is a European British Subject, it is his duty, whether the prisoner claims exemption or not, to abstain from further proceedings against him as a Magis. trate. If without any actual huowledge on the subject, the alagistrato have reason to suppose that the prisoner is such a Britisls Subject, it is the Magistrate's duty to ascertain from him whicther lic alleges or denies that he is oac. And if lic allege, that he is, to give him ercry facility by allowiog time, and other- Fisc fur proving that lie is, the burden of such proof being on ·11 So much of the Act of Parliament 53, George III C. 155 S. 103, as requires that, in all cases of conviction of a British Subject under the provision contained in that scetion, tlie Diagistrate before whom such conviction takes place, shall forthwith transmit copies of such conviction and of all depositions and orther proceedings relative thereto, to the Government to which the place where the offence was committed is subordinate; and so much of the same Section of the above mentioned Act, as prescribes that any part of any fines shall be transmitted by the Dlagistrate to the Clerk of the Crown or other officer to whom it belongs to receive fines in any of Her Majesty's Courts of Oyer and Terminer and Jail Delivery, and that such fines shall be disposed of in the same manner as other fines imposed by such courts; and so much of Sec. 2 Reg. IV of 1809 of this Bengal Code, and Sec. 2 Reg. IV of 1806 of the Madras Code, as requires the Magistrate by whom any E. B. S. is held to bail or committed to take liis trial before Her Majesty's Supreme Court at Calcutta, to transmit copies of the original depositions, together with translations of any papers not being in the English language, to the Secretary to Government, are hereby repealed. Act XXII 1834. Ax Assistant to a Magistrate is not competent to take cogni. zance of complaints against E B S. to the estent specified in Cap. 53, Geo III Sec 103 and the powers in question can only be ex ed by a person possessing the full power of a dagis. tratc. Cons. No. 505. a reference from the Joint ROLING of the Sudder Court on Magistrate of Brgoora (1931.) I am directel by the Conrt of N. A. to neknokleilge the rcceipt of your letter of the 22nd ult raporting a case in which an indigo plauter confined in stock four individuals, one of shom died in confinement, for the periods of, 30, 31 and 60 days, in ·10 Swind, the offender may be kept in confinement in some suitable place for a period not exceeding two mouths. If there be nu fit place of confinement at the station, the prisoner is to be sent to the Presidency Jail. 53 Gco III Cerp 153 Sec 105. The whole or any portion of such fide may be awarded to the aggrieved party Ibid T'te dcfenulaat is at liberty to lodge an appeal against the Magistate's decision within six montlıs in the Supreme Cuart by writ of certeoran. 33 Geo. III City 32 Scc. 153. On the subject of levying fines on the property of British kura nabzects under Sec 103 Stat 33 Geo III Cap 155, a refrrence we made to the Advocate General on a case in posat Buscks occurred in a drstrict in the Lower Provinces, and the fulloung) Summary of the opraon delivered by that officer 3 Anaccept ts ler, the fue awarded kiist be made, before the Magistrate can commit the offender, unless it be prored at the time of conviction, that the party has suo property within the district. It must first be ascertained whether there be any prom perty with the district, on which the fide can be levied. 3 Ofender is not bondil to disclose whether he has property or not. Notice of the secure and intended sale of property by public advertisement, and if practicable, uy service on the often der himself, should in all cases be given. In the first instance the warrant should be executed upon personal property, where any is to be found. The sale is to be of tho " right title and interest." 6 Maniatrate can delwer personal property to the purchaker, but has no authority to dispossess the party in possession of realty, or to deliver possession of it to the prirchaser. dagistrato should deliver to the purchaser thic qual certificate of sale, and therc ends bis anty. S X. d. April 2014 1858 No 303.

·13 the alleged offender shonld be resident, or in which such offence should have been committed, and that suci diagistrate should have the power and authority therein mentioned and thercas Natives of India, resident in the East Indies, upon complaints referred by them under the aforesaid provisions of the said Act, may be prevented from obtaining reåress under the same by reason of their inability to prove the place of their birth ; and whereas it is cxpedient to extend the aforesaid provisions of the said Act as amended by Act IV, 1843, to cases of assault, forcible entries, and other injuries accompanied with force, not being felonies, committed in any part of the territories under the Government of the East India Company, not being within the said Towns of Calcutta or Madrass, or the Islands of Bombay and Colaba, or the settlement of Prince of Wales' Island, Singaporc and Afalacca, against the person or property of any person whatever, whether Native of India or not; It is enacted ag follows: 1. The provisions of the said Act of the 53rd Gcorge 3rd and of Act IV, 1813, so far as the said provisions extend to cases of assault, forcible entries or other injuries accompanied with force, not being felonies, against the person or property of any Na. tive of India are hereby extended to the case of any assault, forcible entry, or other injury accompanied with force not being fclony, which may at any time hereafter be committed in any part of the territories under the Government of the East India Company, not being within the said towns of Calcatta or Madras, the said Islands of Bombay and Colaba .or the said settlement of Prince of Vales' Island, Singapore, and Malacca, by any British Subject or other person, against the person or proany person 11 latcrer. perty of IL. The poirers in such cases giren to the Magistrate of the Zillah or District, may be lawfully exercised by any Joint Nagis. tmte, or other person lawfully exercisiac the parers of & Magistrate in the case of any such offence as aforesaid which ·12 his factory, and requesting the court's opinion as to thiether you are empowered to sentence the planter to a punishment of two months in each casc, or must commit the case for the investiga. tion of the Grand Jury. 2. Ia reply, I am directed to observe that Magistrates are cmpotrcred by Sec. 105 of 53rd Geo. III Cap. 133, to punish E. B. S. when convicted of assanlt, forcible entry or other injury accompanied by force, not amounting to felony. 3. In reply to your question as to your competency to award a separate punishment for each offence, the court can only ols serve that if the offences are charged separately there scems no reason why the sentences on conviction shonld not be likewise separate. I am desired however to point your attention to the statute law above referred to, which authorizes confinement only in default of payment of finc. 4. Should you after a full investigation of the case be of opition that the offender ought to be brought to trial before the Supreme Court, you will of course proceed in the usual way, rcporting the case for the information and orders of Government. Cons No. 039. THE PROVISIONS OP 58 GEO.III Car, 1555. 103 EXTEND. ED TO OTICI PERSONS DESIDIS NATIVES OF TIIE COUNTRY. Wherens, by an Act passed in the 53rd year of the reign of King George the third it was enacted amongst other things, that it should be lawful for any natire of India resident in the Eust Indics or parts therein mentioned, and out of the Towns' of Calcutta, Madras and Bombay, in case of any assault, forcible entry or other injury accompanied with force, not being felony, alleged to have been done against his ſierson or property by a British Subject, to complain of such assault, forciblo entry or other injury to the Magistrate of the zillah, or District ulicre ·.. 3rd. All vitaesses must be louud down in rccognizance to attend at the Supreme Court in Calcutti, at noon on the first day of the first Sessions The various Sessions commence throughout the year on the 4th February 1st Sessions. 29th Jarch 2nd do 4th June 3rd do. 13th July do. 27th August 5th do 1st October Cth do. to be regulated by the Doorgal Poojal Hindu Holidays. . 44 4th December 7th Session 4. .. 4th. The Magistrate should intimate to the Commissioner of Police by letter, the aames of the witnesses, and direct them all, European and Native, immediately on their arrival in Cal. cutta, to leave their names, and addresses at thic Calcutta Police Office, where they will receive any information or assistnncc they may require. Gth. The witnesses, on the conclusion of the trial, will receive their travelling expenses on application to the Commissjoner of Police who is charged with the duty of arranging for the payment of these according to rates fixed with reference to their circumstances and station in life. Oth The rates of payment for each class will be as follows - Ist. Class Each person coming under this class to be allowel 8 zonas a mile as travelling expenses for kimself and a serant, five Rupees per diem as llotel allowance while in Calcutta, and two Rupees for Carriage liire ench day he may have to attend the Supremo Court 2nd Class Persons of this class to have their actual tra. selling expenses, three Rupees per diem for Bourd ju Calcutta, and one Rupee Palkee hire for each day of attendance at the Supreme Court, ·14 may hereafter be committed within the district orer which his anthority extends. Act VII, 1853. The Magistrate can entertain complaints against E. B. S in cases of debt not exceeding 50 Rs. the amount if not paid being recorerable in the same way as a fine, The decision of the Alagistrate in cases under this section is final and conclu. sive to all intents and purposes, 53 Geo. III, Cap. 155 S. 106. MAGISTRATES are required to make a report, for the orders of Government of cases in which a E. B S. residing in the interior of the country is guilty of any act of illegal violence, injustice or oppression, towards the natives, in the prosecution of indigo, or other commercial transactions. S. N. 4, No. 289 30th dpril 1824 RULES FOIL TIL OBSERVANCE OF MOTUSSIL MAGISTRATES IN CASCS or BRITISI SUBJECTS COMMITTED BY TIIEM, FOR TRIAL BY THE SUPRLME Count, at CALCUTTA. 1. European prisoners when committed must be sent with their Warrants of commitment to the Great Jail of Calcutta, to the custody of the Sheriff, and a letter should be sent to the Commissioner of Police in Calcutta, giving the names and crimes of thic Prisoners, as also the date and mode of forwarding tliem to Calcutta 2nd. The depositions taken in the casc must be sent at thic same time to tlic clerk of the Crown, and the exlıibits, such as Snord, bludgeons, or stolen property, in charge of Police Offi. cers, wlio can testify to thein.

·17 RULES FOR REGULATING TIIE PATJENT OF I'RATELLING ALLOWANCES &C., TO PROSECUTORS AND WITNESSES ATTENDING CRIMINAL TRIALS AT TIE HIGLI COUPT OF ORIGINAL JURISDICTION IN PUC- LIC PROSECUTIONS. All disburscmients on this account are to be made by the Commissioner of Police Calcutta, to whom all Prosecutors and Witnesses are, on arrival at Calcutta to report themselves. Europeans and Eurasians are to be divided into three clases. Care should be taken by Mofussil Magistrates despatching such persons that they are carefully classified according to their respective stations in life, and that the Commissioner of Police is duly informed. The following rates are to be paid on account of expenses of this nature for persons coming to Calcutta and returning. Travelling Lispenses. Ist Class 2nd Class, 3rd Class. ... IC by Dank, Sannas per mile, ... 1 steamer (including mess). Actual expenses of ist Class passage. Boarding Expenser. Bont fide expenses of 2nd and 3rd Class I'assengers. By Rail. In Calcutta, Ns, 5 pr. diem, Rs, 3 pr. diem 1.pr. dicm. Consonance birc for the days of 2 actual attendance at the lighRs. 2 per diem. Rupec I per, dicm. Xit. Court. 1 Rupee Dawk Plungalow And. Ilotel_crpenses by the way hen Tra.Rs. rer diem. Ks. pr. den. clling by Dawk or by Rail. 18 dice All classes of Native Prosecutors and witnesses are to be paid their lone fide Travelling charge and Boarding Expenses both luy the way, and during their stay in Calcutta, according to their ·16 1 3rul. Class-Persons of this class to have their actual travelling expenses, and (1–8–0one Rupee ciglt annas per dieu as Board allowance. 7th. Whencver advances may be given by Magistratos, o other Local Officers, to parties proceeding to Calcutta, such advances should be regulated by the foregoing scale. Sth. It will be the duty of such Magistratc or Local Officers to determine the class to which the prosecutor and each of the witnesses belong 9th. Precise Rules on such a point do not seem to be called for. But generally, all officers, whether European or Native, holding a commission or a gazetted appointment, and all gentlemen of character and respectability whether European or Notive, will belong to the first class; all clerks in Public offices, Tehseeldars, Inpectors of Police, blinisterial Officers, and Members of the Native middle classes, will belong to the 2nd class; and the 3rd class will include artizans, laborers, workmen, small shop keepers, and person in a similar condition of life. 10th lingistrates should be careful that while they send down those witnesses, who are absolutely necessary for a proper investigation of the case, nono others should be compelled to leave thicir homes. The evidence of Native witnesses to Sooruthals, and such documents are never taken in the Supremo Court. For instance, if the Civil Surgeon has examined the boily of the murdered or wounded man, his cvidence will be sufficient without that of the Natives who are recorded to have seen the wounds in the Mofussil investigation lield by the Police. Tlic presence of unnecessary witocres invariably calls down the aniinadversions of the Julges of the Supreme Court. ONDETS OP GOVERNMENT N. W. P. 1901, PAGE 119. -Iki ·19 COMBLITZEXIS TO Ilign COURT IN ITS ORIGINAL CRL- DXAL JURISDICTION, THE court of Nizamut Adawlut are pleased to adopt and circulate for general information and guidance the annexed Circular Order No. 5 dated the 6th May 18G), of the Righ Court, Fort William, on the subject of commitraents to that court in its original Criminal Jurisdiction. It has been represented to thic Court that Magistrates and Justices of the Perce after making commitments to the High Court mo its original Criminal Jurisdiction do not promptly send the records of cases to the Clerk of the Crown, but frequently delay doing so until the commencement of the Sossions at which the cases are to be tried. Such a practice causes great inconveniences to all concerned, and deprives the Jurige generally of tho opportunity which he ought to have for looking over the depositions of the witnesses before the Grand Jury is charged and the case goes to trial. This Court is not aware of any reason for this delay in sending the record to the Clerk of the Crown, and after this circular, will not fail to notice with its displeasure any such delay on the part of any Magistrate or Justice of the Peace The Court takes this opportunity of reminding Magistrales and Justices of the Peace that a copy of the warrant of commitment shonld always form part of the record which is scat to the Clerk of the Crown. 2. The Court also requests the particular attention of Magistrates ao J. P. to Rulo 3 of the Rules circulated for their guidance by circular 83 of the Secretary to the Governmeat of Bengal dated the 27th July 1800, which requires that all wit- Hesses should be bound, in the usual form to attend at the Court House on a day specified, which should Le the first day of the Sessions (or which the prisqucr is committed, and nbich, should be ·18 station in life, of which due information is to be given to the Commissioner of Police in Calcutta, by the Magistrates despatching them. Whenever practicable, Prosecutors and witnesses should travel by Rail or Steamer, The boarding allowance at Calcutta will close as soon after the trial as the means of quitting the Presidency become available. The Commissioner of Police Calcutta, will see that this Rule is adhered to Mofussil Magistrates will make reasonablc advances to persons desiring it to enoble them to reach Calcutta. Intimation of such advances must be immediately made to the Commissioner of Police who is to refund the amount to the officer making the advance. The Magistrate of the District from which Prosecutors and witnesses are despatched will report to the Commissioner of Police, the date of their departure, and will instruct them to rcport themselves to that officer on their arrival at Calcutta. NOTE—The foregoing Rules issued by the Government of Bengal were circulated to all Magistrates by the Governinent of the North Western Provinces, under date 21st May 1863, Circular No. 53 A. in modification of Circular No.2 dated 13th June 1861, .

·23 Personal attendance may be (lispenscd with. The Magistrate or other officer as aforesaid, may, if he sco sufficient cause, dispense with the personal attendance of the person informed agajust, and permit him to appear and enter into the required security, or show cause agninst such requisition, by an Agent duly autliorized to act in his behalf. Sec 286. Discharged of party informed against. If on the appearance of the person, or of his Agent, if he is permitted to appear by Agent, the Magistrate or other officer as aforesaid, shall not be satisfied that there is occasion to bind such person to keep the peace, he shall direct lis discharge. Sec. 287. Penalty of Disobedience. It is Magistrate or other officer as aforesaid, shall be satisfied that it is necessary for the preservation of the peace to take a bond from such person with or without security, he shall make an order accordingly; and if the person shall fail to comply with the order, it shall be lawful for the Magistrates or other oſlicer as aforesaid, to commit him to jail. Sec. 288. Limit of confinement. The period for which the Magistrate or other officer as oforcsaid, may bind a person to keep the peace with or without security, shall not exceed one year When a person shall be committed to jail under the preceding scction, he shall not bo Jetained by authority of the Magistrate or other officer as afore- Enid beyond the term of one year, and shall be released whenver he shall comply with the order within that term. Sec. 289. Extension of period of confinement. Whenever it shall appear to the Magistrate or other officer aforesaill, that it is necessary for the preservation of the ·22 any act that may probably occasion a breach of the peace, to sum. mon such person to attend at a time and place mentioned in the summons, to show cause why he should not be required to enter into a bord to keep the peace with or without surcties, as such Magistrate shall think fit. C. P. C. Sec. 282. Form of Summons. The summons sball set forth the substance of the information, the amount of the bond, and the term for which it is to be in force, and if security is called for, the number of suroties required, and the amount in which they are to be bound respectively. Such summons shall be served in the manner provided by this Act for the service of a summons on an accused person. Sec. 283. Penalty. The penalty of such bond, which shall be in the form (D) given in the Appendix, or to the like effect, shall be fixed with a due regard to the circumstances of the case, and the means of the party, and the amount in which the suretics shall be bound shall not exceed the said penalty. Sec. 284, arrant of arrest. If the person summoned shall not attend on the day appointed, the Magistrate or other officer as aforesaid, if satisfied that the summons has been duly served, may issue a warrant for his arrest. Provided that whenever it shall appear to the Dagistrato or other officer as aforesaid, upon thic report of r Police Officer or upon other credible information, the substanco of which report or information sliall be recorded, that there is just reason to fear tlic commission of a breach of the peace, which may probably be presented by the immediato arrest of any penon, it shall be lawful for the Magistrato at any time to issue a warrant for the arrest of sucli person. Sec 283. A ·23 Inforcement of penalty against the principal party. Whenever it may be proved beforc the Magistrate or otlıer officer as aforesaid, that any recognizance or other bond take under this Chapter has been forfeited, he shall record tlio grounds of such proof, and shall call upon the person bound loy the bond to pay the penalty thereof, or to show cause why it should not be paid ; and if sufficient cause be not shown and the penalty be not paid the Magistrate or other officer as aforesaid, shall proceed to recover the same by the attachment and sale of any of the morveable property belonging to the person bound thereby, which shall be found within the jurisdiction of the Magistrate of the District, and if the penalty be not paid and can. not be recovered by such attachment and sale, the party shal) be liable to imprisonment by order of the Magistrate or other officer as aforesaid, in the Civil jail, for a period not exceeding six months. Sec. 293. Recovery of penalty from Surety.. Whenever it may be prored before the Blagistrate or other officer as aforesaid, that any bond with a surety has been . forfeited, the Magistrate or other officer as aforesaid, may at his discretion give notice to the burety to pay the penalty to which he has thereby become liable, or to show cause why it shuuld not be paid; and if no sufficient cause bo shown, and the penalty be not paid, the Magistrate or other officer as aforesaid, may proceed to recover payment of the penalty from such surety in the same manner as from the principal party, Sca. 294. REGARDING CONTEJITTS AND DISOBEDIEXCE OF ORDERS. When any such offence as is described in Sections 177, 178, 179, 180, or 228, of the Indian Penal Code, is committed in the ricw or presence of any Civil Critninal, or Rerenue Court, it shall be competent to such Court to cause the offende ·24 reace to bind a person beyond the term of one year, he may, beforc the expiration of the first year, record his opinion to that ellect and the grounds thereof, and may refer the case for the orders of the Court of Session, and such Court, after examining tlic proceedings of the Magistrate or other officer as aforesaid, and making such further enquiry as sacl court may think ne. cessary, may, if it shall see cause authorize the Nagistrato or otlıer officer as aforesaid, to extend the term for a further period not exceeding one year, and if the party shall fail to gire a bond, with secants if required, for his keeping the peace for such further period as the Magistrate or other officer as aforesaid shall direct under tlc orders of Court of Session, he may tve kept in confinement for such further period, or until he shall glic such bond within that period. Sec. 290. Discharge of recognisances. The Magistrate or other officer as aforesaid, may if he shall sco sufficient cause, discharge any recognizance and surety for keeping the peace taken under the preceding section, and may order the release of the person confined for 'default in entering iuto sucli recogoizance or given such security. Sec, 291. Discharge of Sureties. A surety for the personal appearance of another person may at any time apply to the Magistrate or other officer as aforcsaid, to be relicred from his engagement as surety.' On such application being made, the Magistrato shall issue his sommons or warrant in order that the person for whom such surety is bound, may appear or be brought before lim. On the appear. nace of the person to such warrant or on his voluntory surrendcr, the Magistrate or other officer as aforesaid eliall direct the cagagement of the surety to be cancelled, and shall call upon such person to giro fresh security, and in default thcreof shall commit him to custody, Sec. 292.

·27 When any person has been sentenced to punishment or fur. warded to a M., or J P. for trial, under the last preceding section, for refusing or omitting to do anything which lie was lawfully required to do, it shall be competent to the Court to discharge the offender, or to remit the punishment, on the submission of the offender to the order or requistion of such Conrt. Sec. 164 The following are the Sections of the Penal Code alluded to above. Omitting to produce a document. Whoever, being legally bound to produce or deliver up any document to any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple iraprisonment for a term which may extend to one montlı, or with fine which may extend to five hundred Rupees, or with both; or, if the document is to be produced or delivered up to a court of justice, with simple imprisonment for a term wlich may extend to one thousand Rupecs, or with both. Illustration, A, ticing legally bound to prodnco a document before. Zillal Court, intention ully omits to proluce the rime A, has committed the offence defined in this Sation. Penal Code, Soc 175. Refusing to be sworn. Whoever refuses to bind himself by oath to state the truth, when required so to bind himself by a public servent, legally competent to require that lie shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to onc thousand Rupees, or with both. Sca 178, refusing to answer tchen questionell Whozver, vcing legally bound to state the truth on any enly. ject to any public servant, refuses to answer any quen ·26 whether he be a E. B. S. or not, to be detained in custody; and at any time before the rising of the court on the same day, to take cognizance of the offence; and to adjudge the offender to punishment by fine not exceeding two-hundred Rupees, or by imprisonment in the Civil Jail for a period not exceeding one month, unless such finc be sooner paid. In every such case the Court shall record the facts constituting the contempt, with any statement the offender may make, as well as the finding and sentence. If the court, in any case shall consider that a person accused of any offence above referred to shall be imprisoned, or that a fine exceeding two-hundred Rupecs should be imposed upon him, such Court, after recording the facts constituting the contenipt, and the statement of the accused person as before provided, shall forward the case to a Magistrate, or if the accused person be a E. B. S to a J. P, and shall cause bail to be taken for the appearance of such accused person before sucl Afagistrate or J. P. or if sufficient bail be not tendercd, shall cause the accused person to be forwarded under custody to such Magistrate or J. P. If the caso be forwarded to a M. such M. shall proceed to try the accuscd person in the manner provided by this Act for trials before a M., and it shall be competent to such M. to adjudge sucli offender to punishment, as providcd in the Section of the Indian Penal Code under which he is charged. If the caso be forwarded to a J. P. such J. P. shall enquiro into the circumstances, and shall have the same powers of punishing the offender ns are vested by the statute 53 George III. C. 155. S. 103, in a J. P. for the punislımcnt of an assault, and may deal with the offenıler in the same manner as is provided in that behalf in tlie said statute. If such J. P. shall consider the offence to rcquiro a more severe punishment than a J. P. is competent to award undor the said statute, he may commit the offen. der to a S C. of judicaturc. In no case trice under this Section shall ang M., adjuilgo imprisonment or a fino cxcceding two luniired Rupees for any contenipt committed in liis prescaco against his own Court C. P. C. Sec. 163.

·29 the Peace is competent to award under the said statute, ho may commit the offender to a Supreme Court of judicaturc. C.P. C. Sec. 163. The following are the Sections of the Penal Code referred to above :- Exculing the scrvice of a Summons Whoerer abscond, in order to avoid being served with a summons, notice, or order, procecding from any public servant legally competent, as such public scrvaut, to issue such summons, notice, or order, shall be punished with simple imprisonmeat for a terin which may extend to one month or with fine which may extend to five lundred Rupees, or with both; or if the summons, notice, cr order is to attend in person, or by agent, or to produce a document in a Court of justice, with simple imprisonment for a term wluch may extend to six months, or with fine which may extend to one thousand Rupecs, or with both. P. O Sec 172 Preventing the service of summons lc, Wioever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice, or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice, or order, or intentionally prerents the lawful affixing to any place of any such summons, notice, or order, or intentionally removes any such summons, notice, or order from any place to sluch it is lawfully aflixed, or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall be punished with simplc imprisoninent for a term sluchu may extend to onc montlı, or with fine which may cxtend to tive hundred Rupecy, or with both, or, if the summons; notice, oruer, or moclamation is to attcod in person.

·25 denianded of him, touching that subject by such public servant, in the excicise of the legal powers of such public servant, shall be punished with simple imprisionment for a term which may extend to six months, or with fine which may extend to one thousand Rupecs, or with both. Scc 179, Refusing to sign a deposition. Whoever refuses to sign any statement made by him when required to sign that statement by a public servent, legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three montlıs, or with fine whiclı may extend to five hundred Rupees or with both. Sec. 180. Insulting or interrupting a Public Officer in Court Whoever intentionally offers any insult or causes any in. terruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonnient ſur a term which may extend to six months, or with fine wlich may extend to one thousand Rupece, or with both. Sec. 228. When any sucli offence as is described in Chapter X of the Indian Penal Code, ercept Section 173, 178, 179, and 180, is ummittel in contempt of the lauful authority of any Civil, Criminal, or Revenne Court ly European British Subject, fuel offence shall be cognizable only by a Magistrate who is a Justice of the Peace, and such Magistrate sluill have the same posters of punishunent for such offence as are vestel Ly tlic Statute 33 George II1, C, 133, S, 10.3 in a Justice of the Peace ſur the punishment of an assault, and may deal with the offende er on conviction, in the same manner as is provided in that befalf in t!ic said Statute. If such Jagitrate shall consider thic offinue to require a mure sorere pruni-lugent than a Justice of ·31 extend to one month, or with fine which may extend to fire lun. dred Rupees or with both; or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or iu order to the apprehension of an offender, with simple imprisonment for a terin which extend to six montlıs or with fine which may extend to one thousand Rupees, or with both. Sec. 176. Furnishing fulse information. TWhoever, being legally bound to furnisha information on any subject to any public servant, as such, furnishes, as true, inforination on the subject which he knows or las reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand Rupees or with both; or, if the information which he is legally bound to give, respects the commission of an offeuce, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of citler description for a term which may extend to two years or with finc, or with both Illustrations. (a) A, n landholder, knowing of the commission of a murder within the limits of bis cstate wilfully misinforms the Magistrate of the Distirct that the death lins occurred by accident in consequence of the lite of a anale A, is guilty of the offenc defined in tlic Section, (1) A, a village watelmin kuowing that a considerable body of strangers has piesel through his village in order to commit a Dacoity in the house of Z, a wealtliy merchant residing in a neizlbouring place, and being bounil, under clause 5 Section , Regulation 111. 1821 of the langal Code to give early and punctual information of tlic abore fict to the officer of the nearest Police Statki, wulfully misinforms the Police Officer that a luuly of suspicious character pussel through the village with a view to commit daemts in a certau distant place in a different direction. Here., 1 guilty of the offence defined in the latter part of this Sic tion. Sec. 177.

·30 by agent, or to produce a document in a Court of justice, with simplo imprisonment for a torm which may extend to six months, or with fine which may extend to onc thousand Rupecs, or with both. Scc. 173. Neglecting to appear then summonal. Whoever, being legally bound to attend in person or lsy an Agent at a certain place and time in obedience to a summons, notice, oriler, or proclamation proceeding from any pullic scrmot legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or reparts froin the place where he is bound to attend before the time at which it is lawful for him to depart, shall be pushed with simple imprisonment for a term which may csteu tu one montit, or with fine which may extend to firo hundrel Rupees, or with both, or if the sumninons notice, or der or proclamation is to attend in person or isy Agent in a Court of justice, with simple imprisonment for a term which, may extend to six months, or with fine which may extend to one thousand Rupees, or with both. Illustrations. (a) A, living locally lound to appear before the Supreme Court at Calenta in ole tience to manbyxena inging from that Court intentionally ounits to alteur, A. 1 committed the offence defined in this Section, (1) A, Lin, lexaliy immund ta arpent Lefure Zállat Judge, asa nincs, un mbeliance to a numms semel ly that Zllah Juilge, intentionally oinits to your A. Jas cospinitted the ovence defined in this Sensor, Sec. 17). Omilling to girc information. Whoescr, being legally hound to gise any notice or to fur. niul information on any subject to any public servant, as such, intentionally onits to give much notice or to furui-le such infot. mitim in the maternal at the time sequiruling law, shall lies pupiliei sill, simple jmpirisominent fur n terinslich inny ·33 reason to believe that he is such public servant, shall be punished with imprisonment of either description, for a term wluich may extend to six months, or with fine which may extend to one thousand Rupees, or with both Sec. 183, Obstructing sale of attachal property. Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hupdred Rupees, or with both Sec, 154 Illegal purchase of property sold uneler legal process Whoever, at any sale of property lield by the lawful authori. ty of a public servant, as such, purchases or bids for any propcrty on account of any person, whether lumself or any other, whom he knows to be under a legal incapacity to purchase tliat property at that sale, or bids for such property not intending to perform tlie obligations under which he lays lumself by such Lidiling shall be punished with imprisonment of either descuption for a term whic1 may extend to one month, or with fine which may extend to two hundred Rupees, or with both. Sec. 183. Obstructing public servant in his duty. Whocker voluntarily obstructs any public servant in the discharge of his public functions, sliall be punished with imprisonment of cither description for a term which may extend to three months or with fine whiclı may extend to five hundreil Rs. or with both. Sec. 1$6. Yoglecting to assist a public scrant when bound to do so. Whioctor, being bound by law to render or furnislı assistance to any Public scrvaut in tlic cxecution of liis public duty, ·32 Muling a fules statenent on oath. Whoever, being legally bound by an oath to state the truth on any subject to any public servant or other person authorized Ly law to administer such catii, makes to such public servant or other person as aforesaid, fouching that subject, any statement which is falsc, and which lie either krows or believes to be falsc, or does not believe to be true, sliall be punished with imprisonment of either description for a term which may exteud to three years and shall also be liable to fine. Sec. 181. Giving fulse information intending to cause injury to another. Whoever gives to any public servant any information which he knows or believes to be false, intending the cly to cause or knowing it to be likely that lie will thereby cause, bucli public servant to use the lawful power of such public servant to the Injury or annoyance of any person, or to do or omit any thing which sucii public servant ought not to do or to ornit, if the truc state of facts respecting which such information is given were known by hím, sliall bo punished with imprisonment of cither description for a term which may extenul to six months or with fine which may cxtend to one thousand Rupees, or with both. Illustrations (-) .., informs Magistrate that 7, a Police Officer, anbordinate to such Ma. gistrite, bus been guilty of neglect of daty or thiconduct, knowing such informa. tion to the flo, and knowing it to be likely that the information will came the Magistrate to dni 2 A, bas committel the offence defined in this section. (") A, falsely informs a public serrant that like contralund malt in n secret place, haoning Aneh infurination to be fales, and knowing that it is likely that the Connence of the informatim will be s sench of Z', premises attenlel with Innnjance to Z las committed the offence defined in this section. Se 152. 1 Rexistance to a legal process of distraint. Wincier niers any existance to the taking of any property loy the lawful authority of any public servant, kvoning or having .

·33 Illustration. An order is promulgated by a public serrant, lawfully empowered to pronul. gate such order, directing that a religious procession shall not pass down a cer. tain street, A, knowingly disobeys the order, and thereby causes danger of not, A, has committed the offence defined in this Section, Sec. 185. Threat of injury to a public servant. Whoever holds out any threat of injury to any public servant, or to any person in whom he belives that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Sec. 189. Threat of injury to prevent any person from applying to a Public servant for protection. Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered, as such, to give such protection, or to cause such protection to be given, shall be punishod with imprisonment of either desenpti for a term which may extend to one year, or with fine, or with both. Sec. 190. REGARDING OFFEXCES AGAINST TIC Post OFFICE Act. Any person, whether a E B. S. or not, who shall be guilty of any offenec for which according to the provisions of this Act, ·31 intentionally omits to give such assistance, shall bepunislıed with simple imprisonment for a term which may extend to one montlı or with fine which may extend to two lrundred Rupces, or with both; and if such assistance bo demanded of him by a public ser. vant legally competent to make such demand for the purposes of csecuting any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppressing a riot or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for n term which mng cxtend to six months, or with fine which may extend to five lune dred Rupees, or with both. Sec. 187. Disobeying a public oreler. Whoever, knowing that, by an order promulgated by a puls. lic servant lawfully empowered to promulgato such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under Lis management, disobeys such direction, shall, if such disolvcdicnce causes or tends to causc obstruction, annoyance, or injury, or ri-k of olsstruction annoyance, or injury, to any persons lawfully employed, Lc punisl. cd with simple imprisonment for a term which may extenul to ono month, or with fino which may extend to two hundrei Rupees, or with both; and if such disobedience cuses or tends to causo dinger to human life, licalth, or safety, or causes or tends ta 03150 a riot or affray, shall be punished with imprisonment of cither lescription for a term which may extend to six month, or with finc which may extend to one thousani Rupees, or with Iyoth. Explanation. It is not necessary that the offender shoulet in. tend to proluce liarin, or contemplate liis disobedience as likely to prutuco hann. It is sufficient tirat lic Inows of the order whirl lie disolege, and that his disobedience produces, or is likely to proluce lagrin. 4 ·37 All fiscs imposed under the authority of this Act, for offencer punirkable by fine only by any J P. Jagtste, J. AL or person lawfully excrcising the powers of a M. or by any Assistant to a Magistrate, or D II may 11 case of nun payicut thereof, Lo levied by distress and sale of the goods chattels of the offen- «er, by warrant uuder the hand of any of the above anenca officers; and in case any such fine hall not bo fortlawith paid, any such officer may order the offender to be apprehended and tletained in safe custody until the return can be conveniently made to such warrant of distress, unless such party shall giva security to the satisfaction of such officer for his appearance at such place and time as shall be appointed for the return of the marrant of distress, and such officer may take such security by way of recognizance or otherwise ; and if, upou tho return of such warrant, it shall appear that so sufficient distress can be bad whereon to levy such fine, and the same shall not be forthwith paid, or in case it shall appear to the satisfaction of such officer by the confession of the party or otherwise, that lie las not sufficient goods and chattels wlicreupon such fine or sum of money could be levied if a warrant of distress were issued, any such officer by warraut under his hand, may commit the offen. der to prison, there to be imprisoned onls, or to be imprisoned and kept to hard labor, according to the discretion of such officer, for any term not exceedling two calendar months where the amount of the fine shall not excecul fifty Rurces, and for any term not exceeding four calendar months, were the amount shall not exceed one hundred Rupees, and for any term not exceedug six calendar months in any otber case, the commitwent to to determinable in cach of the cases afuresaid on ray. mucnt of the amount. Sec, 6. a planie not exccoding onc mnicly of every fine imuned and reconcid under this let, may be guarded to the iufuriner Sec. 03 ·30 he shall be liable to a fine only, shall be punishable for such offence by any J. P for any of the Presidency Towns of Cal. cutta, Madras and Bombay, Magistrate, Joint Vagistrate, or person lawfully exersing the powers of Magistrate; and any person hereby made punishable by a J. P. shall be punishable upon summary conviction Act I/II of 1834 Sec. 58. No convicton, order, or judgment of any J. P. shall be quashed for error of form or procedure, but only on the merite, and it shall not be necessary to state on the face of the convicton, order, or julgınent, the evidence on which it procces, but the depositions taken, or a copy of them, shall be retumca witli the conviction, oreler or judgment, in obedience to any writ of certiorari; and if no jurisdiction appears on the fuce of the conviction, order, or judgment, but the depositions taken, suprly that defect, the conviction order, or judgment slia!l le aided by what so appears in ench depositions. Sec. 59. A Magistrate may reſer for trial and decision any charge of an offence licreby maile punishable by fine only, to any of his Assistants, or to any Deputy Magistrate lawfully appointed to exercise the powers of a Covenanted Assistant; and in such case every such Assistant or D J. may crcrcise all the powers vestad in a l. sulject to all the rules applicabile to Criminal cases de yuted to such Arsistant or D. M acting judicially. Sec. GO. 'The Incal Covernment may gire general authority to any Fuch Assistant or I). Jl. to exercise, without reference by a Mn. Fistrate, any of thic rouers which they are hereby rendere com. putent to crercise won reference by a Al. sulject to appeal to the Xl. front any conviction loy such Assistant or D. J. within one inonth from the date of the conriction. Provided, that a M. may at any time, call from any of his Assistants, or frin any 1). JI. subordinate to him, any case geording kfure fiichi Assistent or I) N See, 01.

·39 Corenanted Assistant, and in such casc every such Assistant or D M. may excrcise all the powers vested in a M. subject to all tlic rules applicable to Criminal cases deputed to such Assistant or D. M. acting judicially. Sec. 32. The Local Government may give general authority to any such Assistant or D. M. to exercise without reference by a M. any of the powers which they are hereby rendered competent to exercise upon reference by a M. subject to appeal to the MI. from any conviction by such Assistant or D. M. within one month front thc date of conviction. Provided that a M. may at any tune, call from any of his Assistant, or from any D M. subordipate to him, any case pending before such Assistant or D. M. Sec, 33. All fines imposed under the authority of this Act for offences punishable by fine only by any J. P. Magistrate, J. M. or person lawfully exercising the powers of a M. or by any Assistant to a M. or D. M. may in case of non payment thercof, bo levied by distress and sale of the goods and chattels of the offender, by warrant under the hand of any of the above named officers; and in casc any such fine shall not be forthwith paid, any such oflicer may order the offender to be apprehended and detained in safo cutody until the return can be conveniently made to such warrant of distress, unless the offender shall gire security to tho satisfaction to such officer for his uppenrance at such place and timo as shall be appointed for the return of the war. rant of distress, and such officer may take such security by way of recognizance or otherwiso; and if upon the retum of such warrant it shall appear that no sufficient distress can be had whereon to levy such fine, and the same shall not be forth with paid, or in case it shall appear to the satisfiction of such officer Hoy thic confession of the offender or othermisc, that he lins not sufficicnt goods and chisttels whercupon such fine or sum of ;

·35 No proceedings shall be taken for the recovery of any such fine without an order of Gorcrnment, or an order in writing of the Director General of the Post Office, or of a Post Master General Sec, 64. REGARDING OFFENCES AGAINST THE RAILWAY ACT. Any person, whether a E. B. S or not, who shall be guilty of any offence, for which according to the provisions of this Act, he shall be liable to a fine oply, shall be proishable for such offence by any J. P. for any of the Presidency Towns of Calcutta, DIadras, and Bombay, Magistrate, Joint Magistrate or person lawfully exercising the powers of a Magistrate, whether the offence shall have been committed within the local limits of the jurisdiction of such officer or not, and any person hereby made punishable by a Justice of the Peace, shall be punishable upon summary conviction. Act XIIII 1854 Sec. 30. No conviction, order, or judgment of any J. P. shall be quashed for error of form or procedure, but only on the merits, and it shall not be necessary to state on the face of the conviction, order, or judgment, the evidence on which it proceeds ; but the depositions taken, or a copy of them, shall be returned with the cortiorri, order, or judgment, in obedience to any right of certiorari, and if no jurisdiction appears on the face of the conviction, order, or judgment, but the depositions taken, supply that defect, the conviction, order, or judgment shall be aidcd by what so appears in such depositions. Sec. 31. A. AL. inay.rcfer for trial and decision any charge of an offence herehy made punishable by fine only to any of his Assistants, or to any D. M. las fully appointed to exercise the powers of a ·41 Act he shall be liable to a fine only, shall be punishable for Eucli offence by any Jagistrate of Police for any of the Presi. deney Towns of Calcutta, Madras, and Bombay, or for the settlement of Prince of Wales' Island, Singapore, and Malacca, Ma. gistrate, Joint Magistrate, or person lawfully exercising the powers of a Magistrate, within whose jurisdiction the offence shall be committed ; and any person, lereby made punishable Ly a Magistrate of Polico, sliall be punishable upon summary conviction, Scc. 18, All fines imposed under the authority of this Act, for offences punishable by fine only, by any Police Magistate, Magistate, J M. or person lawfully exercising the power of a M. may in case of nonpayment thereof, be levied by distress and sale of the goods and chattels of the offender, by warrant under the land of any of the above named officers, and in case any such fine shall not be forthwith paid, any such oficer 'may order the offender to be apprehended and detained in safe custody until the return can be conveniently made to suci warrant of distress, unless such party shall give security to the satisfaction of suclı officer for his appearance at such place and time as shall be appointed for the return of the warrant of distress, and such officer iniy take such security by way of recognizance or otherwise, and if upon the return of such warrant, it shall appear that no suflicent distress can be had whereon to levy such fine, and the rainc shall not be furthwith paid, or in case it shall appear to the satisfaction of such officer, by the confession of the party or otherwise, that he has not sufficient goods and chattels n here. tipon such fine or suin of money could be levied if a warrant of distress were issued, any such officer, by warrant under his land may commit the offender to prison, there to be imprisoned only or to be imprisoned and kept to hard labor, according to the dis. cretion of such officer, for any term not exceeding two calendar montlıs wlicre the amount of the line shall not crceel filtr Rupees and for any term not exceeding four calen lar months afiere ·40 money could be livied if a warrant of distress were issued, any such officer may, by warrant under his hand, commit the offender to prison, there to be imprisoned only, cr to be imprisoned and kept to hard labor according to the descretion of such officer, for any term not exceeding two calendar months when the amount of the fine shall not exceed fifty Rupees, and for any terin not exceeding four calendar months when the amount shall not exceed one hundred Rupees, and for any ternt not cxcecding six calendar months in any other case, the commitment to be determinable in each of the cases aforesaid on payment of the amount. Sec. 31. REGARDING OFFENCES AGAINST TE TELEGRAPH ACT. Any person, not being a E B. S. who shall, beyond the local limits of the jurisdiction of a Court of judicaturo established by Royal Charter, commit any of the offences mentioned in Section X, XI, XII, XIII, XIV, and XV of this Act, shall be punishable upon conviction by any Magistrate within whose jurisdiction the offence shall be committed. If any such offence be committed beyond the said local limits by a E. B. S. the offender shall be punishable upon conviction before a Court of judicature established by Royal Charter. Act VIII of 1860. Sec. 16. Any person, whether a E. B. S. or not, who shall, within the local limits of the jurisdiction of a court of judicature established by Royal Charter, commit any of the offences referred to in the last preceding Section, shall be punishable upon conviction before such court. Sec. 17. Auy person, whether a E. B. S. or not, who shall be guilty of any offence, for which, according to the provisions of this ·43 any writ of certiorari and, if no jurisdiction appears on tlic face of the conviction, order, or judgment, but the depositions taken supply that defect, the conviction, order, or judgment shall bo aided by what so appears in such depositions. Sec. 42. All other offences punishable under this Act which shall be committed within the local limits of any Court of Judicature estab. lished by Royal Charter, shall be punishable by such Court. Sec. 43. All forfeitures or penalties imposed under the authority of this Act for offences punishable by any Magistrate of Police, or by any Magistrate, or person lawfully exercising the powers of a Magis. trato, or Assistant Magistrate, may, in case of non-payment thereof, be levied by distress and sale of the goods and chattels of the offender by warrant under the hand of any of the abovenamed officers. Sec. 44. In case any such forfeitures or penalties shall not be forthwith paid, any such officer may order the offender to be apprehended and detained in safo custody until the return can be conveniently made to such warrant of distress, unless the offender shall give sccurity to the satisfaction of such officer, for his appearance at such place and time as shall be appointed for the return of the Warrant of distress. Sec. 45. If, upon the return of such warrant, it shall appcar that no sufficient distress can bo liad whereon to levy such finc, apd the sume shall not be forthwith paid or in case it shall appear to tho satisfaction of such officer, by the confession of the offender or otherwise, that he has not sufficient goods and chattels whereupon such fine or sum of money could be loriell if a warrant of distress tcro issued, any such officer may by warrant under his land commit the offender, provided he is not a E B.S. to pri tlicrc to be imprisoned, according to the discrction of suchio ·42 amount shall not exceed one hundred Rupees, and for any term not exceeding six calendar months in any other case ; the commitment to be determinable in each of the cases aforesaid on payment of the amount. Sec. 19. REGARDING OFFENCES AGAINST THE ARMS ACT. If any offence which by this Act is declared to be punishable with fine and imprisonment, or imprisonment only, shall be committed by a E, B S. beyond the local limits of the jurisdiction of Her Majesty's Supreme Court of Judicature, the offender shall be liable, upon conviction before one of the said Supreme Courts of Judicature, to the punishment to which by this Act the offender is declared to be liable upon conviction. Act XXXI of 1860, Sec. 40. If any offence which by the Act is declared to be punishable with fine, or with fine and imprisonment not exceeding six months shall be committed by any person within the local limits of the jurisdiction of any Court of Judicature established by Royal Charter, such offence shall be punishable upon summary conviction by any Police Magistrate of the Presidency Town or station in which such Court is held Sec. 41 No conviction, order, or judgment under the last preceding Section shall be quashed for error of form or procedure, but only on the merits ; and it shall not be necessary to state on the face of the conviction, order, or judgment the evidence on which it pro ceeds, but the depositions taken, or a copy of them, shall be returned with the conviction, order, or judgment in obedience to ·shall not be forthwith paid, or in caso it shall appear to the satisfaction of the N. by the confession of the offcader or otherwise that he has not sufficient property whereupon such fine or sum of money could be loved if a warrant of distress were issued, the M. may, by warrant under his hand, commit the offender, provided Joe is not a 2. B S to prison, there to be imprisoner!, according to the discretion of the II. for any term not exceeding two calendar months when the amount of fiue shall not excecut fifty Rupecs, and for any term not exceeding four calendar months when the amount shallnot exceed one hundred Rupees, and for any term not exceeding six calendar inonths in any the commitment to be determinable in each of the cases aforesaid on payment of the amount. Scc. 39. other case; If the offender be a E. B. S. thc II. shall record the fact and transmit such record to the District Court of the District wherein the offender is convicted, and the anount of the fineand. costs (if any) shall be levied in the manner provided for cxccution of decrces of the Civil Court. Scc. 10. REGARDIXO OrrexCES AGAINST TIC St.sar CannaCE ACT. Whencser any charge is made before any Magistrate of any offence uader this Act on which it is necessary to issue a sumnjons to the proprietor of a Stage Carriage, the II. shall issue such summons directed to such proprietor or his nearcst Agout, and may transmit such sumwons by letter post, which shall be deemed to be good serrice thereof. The letter shall be registered at the Post Ofice, and the cost of the registration shall be borne by the Goscramcnt is the first instance, but may be charged as costs in the cise. The sunimoas sl allow a reasonablo tiras, in reference to the distance to ·for any term not exceeding two calendar months when the amount of fine shall not exceed fifty Rupees, and for any term not exceeding four calendar months when the amount shall not exceed one hundred Rupees, and for any term not exceeding six calendar months in any other case; the commitment to be determiable in each of the cases aforesaid on payment of the amount. Sec. 46. If the offender shall be a-E B. S. the Magistrate shall record the facts, and transmit such record to the District Court of the District wherein the offender is convicted, and the amount of the fine and costs (if any) shall be levied in the manner provided for the execution of decress of the Civil Court. Scc. 47. REGARDING OFFENCES AGAINST THE POLICE ACT. All forfeitures or penalties imposed under the authority of this Act for offences punishable by a Magistrate, may, in case of nonpayment thereof, be levied by distress and sale of the property of the offender within the limits of the jurisdiction of the Magistrate of the District, by warrant under the land of the Magistrate who made the order. Act 1 1861 Scc. 37. In case any such forfeiture or penalty shall not be forthwith paid, the M. may order the offender to be apprehended and detained in safe custody until the return can be conveniently made to such warrant of distress, unless the offender shall give security to the satisfaction of the M. for his appearance at such place and time as shall be appointed for the return of the warrant of distress, Sec. 38 If upon the return of such warrant it shall appear that no sufficicot distress can be had wliercon to lesy such fiac, and thic sauc ·term not excecuing four calendar months when the amount shall not exceed 100 Rupees, and for any term not excceding six calendar months in any other case; the commitment to be determinable in each of the cases aforesaid on payment of the amount. Sec. 18. If the offender shall be E. B. S. the Magistrate shall record the facts, and transmit such record to the District Court of the District wherein the offender is convicted, and amount of pepalty and the costs (if any) shall be levied in the manner provided for the execution of decrees of the Civil Court. See 19. MA REGARDING OFFENCES AGAINST TRD SALT ACT. All forfeitures or penalties imposed under the authority of this Act, shall be recoverable by any Magistrate of Police, or by the Jagistrate, or other officer exercising the powers of a M. as defined in the Code of Criminal Procedure, and may, in case of non-payment thereof be levied by distress and sale of the goods and chattels of the offender, by warmut under the hand of any of the abovo named oflicers Act IIXI of 1881 Scc. 12. When any penalty is awarded for the breach of the conditions of any license under this Act, or against the holder of any liccuse for any offence under this Act, the Local Corernment may cancel such liccnsc. The officer who convicts the offender may alss, on the application of the Commissioner of Customs or the Collector of Customs within whose Jurisdiction the offence is committed, on the officer authorized in that behalf by the Low cal Clorerament, onder the works of such offender at which such offence was committe), to be destroyed Sze 13.

·46 the summons is sent, for the appearance of such' proprietor or his Agent as aforesaid. Act XVI 1861, Sec. 14. All penalties incurred under this Act, thall be adjudged by a Magistrate or Chief Commissioner of Police as aforesaid and all orders made under this Act by such Magistrate, or Chief Commissioner of Police shall be final Sec. 15. All penalties imposed under this Act, or any balance of any fine, costs, or charges' as mentioned in Section XI of this Act, may in case of non-payment or non-recovery thereof, be levied by distress and sale of the movcable property of the offender, by warrant under the hand of the Magistrate who imposed the same, Sec. 16. In case any such penalties shall not be forthwith paid, such M may order the offender to be apprehended and detained in safe custody until the return can be conveniently made to such warrant of distress unless the offender shall give security to the satisfaction of such M. for his appearance at such place and time as shall be appointed for the return of the warrant of distress. Sec. 17. If upon the return of such warrant it shall appear that no sufficient distress can be had whereon to levy such penalty, and the same shall not be forthwith paid, or in case it shall appear to the satisfaction of such M. by the confession of the offender or otherwise, that he has not sufficient goods and chattels whereupon such penalty could be levied if warrant of distress were issued, such M. may, by warrant under his liand commit the offender, prorided he is not a E B. S. to prison, there to be imprisoned, according to the discretion of such officer, for any term not exceeding two calendar months w lien the amount of penalty shall not exceed 50 Rnpecs, and for any ·49 REGARDING OFFENCES AGAINST TIIE STAMP ACT. thi Every offence punishable by this Act may be tried by any officer exercising the powers of a Magistrate or of a Subordinate Magistrate of the First Class, as defined in the Code of Criminal procedure, or by a J. P, Act. I of 1862, Sec. 53. If any person sentenced to a fine under the provisions of this Act, shall not pay the fino to which he shall be scntcnccd, it shall be lawful for the M. or J P. who passed the sentence, to issue his warrant to lovy the amount by distress and sale of the oods and chattels of the party fined, or to sentence tlre offender to imprisonment until the payment of tho fine, or the expiration of a term to be assigned, not excecding three months, whiclever shall first take place. Scc. 54. . A sharo not exceeding one half of every fino imposed and recovered under this Act may be awarded by the Magistrate or Justice of the Peace imposing the fine to the informer. Scc. 55. REGARDING OFFCNCES COMMITTED DI E. B. S. ATTACOED TO TIC ARMY. II, First. In modification of the rules contained in Regallation II. 1796, Section XIX. Regulation VI. 1503, and Regulation XV 1806, it is lierely providel, that if any E B S. wlio shall be apprehended by or brought before a Vagistrato on a charge of inurucr, rape, robbery theft, or other Criminal offence, shnll be found, on his apprehension, to laro lccn, at thic timc wlicn tlic offence laid to his charge may hare been committed, ·48 In case any penalty awarded under this Act, shall not be forthwith paid, the officer by whom such penalty is awarded may order the offender to be apprehended and detained in safe custody until the return quo be conveniently made to such warrant of distress, unless the offender shall give security to the satisfaction of such officer, for his appearance at such place and time as shall be appointed for the return of the warrant of distress. Sec. 14, If upon the return of such warrant it shall appear that no sufficient distress can be had whereon to levy such finc, and the same shall not be forthwith paid, or in case it shall appear to the satisfaction of such officer, by the confession of the offender or otherwise, that he has not sufficient goods and chattels whereupon such fine or sum of money could be levied if a warrant of distress were issued, any such officer may by warrant under his hand, commit the offender, provided he is not a E. B. S. to prison, there to be imprisoned, according to the discretion of suck officer, for any term not excceding two calendar months when the amount of fine shall not exceed Fifty Rupees, and for any term not exceeding four calendar months, when the amount shall not exceed one hundred Rupees, and for any term not cxcecding six calendar months in any other case; the commitment to be determinable in cach of the cases aforesaid on payipcot of the amount. Sec. 13. If the offender shall be a E. B. (S. the M. shall record the facts and transmit such record to the District Court of the Dis trict wherein the offender is convicted, and the amount of the finc aud costs (if any) shall be levied in the manner provided for the cxecution of decrecs of the Civil Court. Sec. 16.

·51 said Act of Parliament, to transmit to the Magistrato of the Zillah or City within wliose jurisdiction persons whose attendance before such court-martial is required may residc, any warrant, summons, or other process, for the attendance of such person ; and it shall be the duty of such Magistrate, who may be so applied to, to give his assistance and that of the officers under bim in the due execution of such process, and generally to aid and assist in the execution of all processes issued by such courtsmartial. Fourth. The several Zillah and City Magistrates are hereby probibited from receiving and enquiring into any criminal charge of the nature described in Section II, of Statute IV Geo IV Cap. LXXXI, which may be preferred to them against any Britislı commissioned or non-commissioned officer, soldier or other person attached to the army, who may have been regularly brought to trial under the provisions of the said Act, and 'acquitted or convicted by the sentence of a court-martial of such offence; provided however, that in any case wlierein it may be ascertained by the Magistrate, on due inqury, that any person accused of such Criminal offence, who may bo subject to trial by court-martial, has not been brought to trial for such offence bcfore a court-martial, and that no effectual proceedings have been taken, or have been ordercd to be taken, against him, then and in that case, it shall be the duty of the Magistrate to report tho circunstance for the information and orders of tho G. G in Council, who, if it appear to him proper so to do, will direct the case to be proceeded upon in the ordinary course of law, and the Mngistrate, if so authorized, shall be competent to proceed against the offender under the provisions of the Regulations hitherto in force, Fifth. Provided always, and it is liereby declared, that nothing contained in the foregoing clauscs shall be held to restrict the Magistrates of districts, ether in their ordinary capacity of Magistrates, or as Ilis Majesty's J. P. July qualified, ·BO a commissioned or non-commissioned officer, or soldier, serting with any body of troops in the service of Her Majesty or the honorable E. I. C. at any place not within the territories subject to the presidency of Fort William, or at any place within such territories which may be situated above one hundred and twenty miles from the aforesaid presidency, or to have been, when the offence was committed, a person attached to such body of troops in any of the capacities specified in Section XLV and LX of statute IVth Geo. IV Cap. LXXXI, it shall be the duty of the Magistrate by whom such person so accused may be apprehended, instead of proceeding to hear evidence to the charge as directed in such cases in tho Regulations above mentioned, to deliver over such person so charged, together with a statement of the charge brought against him, to the Commanding Officer of the regiment, corps, or detachment to which such accused person shall belong, or to the Commanding Officer of the nearest Military Station, for the purpose of his being brought to trial before a Court Martial under the provisions of the said Act of Parliament. Second. It shall further be the duty of every Magistrate, on written application being made to him for that purpose by the Commanding Officer of any regiment, corps, or detachment stationed or employed as specified in the preceding clause, to use liis utmost endeavour for the apprehension of any British officer, non-commissioned officer, soldier, or other person of the description therein alluded to, who may have beco charged with the crime of murder, rape, robbery, theſt, or other Criminal offence, and also to give his assistance, and that of tlio officers under his control, in securing the person so accused. Thirl. It is hereby declared, that it shall be competent to the judge-avocate general or deputy judge-advocate, or other person appointed to conduct the proceedings of any court-martial assembled for the trial of offences under the provisions of thic ·-53 England, or using violence, or committing any offence against the person or property of any subject of Her Majesty or any other person entitled to Her Majesty's protection, or to the protection of the respective Governments of the E. I. Company, or any State in alliance with the said Company, within the territories of any foreign State, or in any country under the protection of Her Majesty, or the said Company, or at any place in the territories under the Government of the said Company, situated above 120 miles from the said Presidencies respectively. Ibid. The following opinion given by the Advocate Gencral regarding the amenability of British officers and soldiers to Magistrates under the statute 53 Geo. III Chap. 155, with reference to the provisions of Act 4 Geo. IV Chap 81 and Reg. XX. of 1825, was published for general information, OPINION. The statote 4 Geo, IV Chap. &1, although it repealed the nest or 106th Section of the statute 53 Geo. III Chap. 155 leares the lu5th Section on. repcaled, and the Reg. XX of 1825, which was enacted by a subordinate legislature, and in my opinion solely with the view of carrying out the provisions of the statote 4 Geo IV Chap. 81, cannot in any way affect the operation of the statute 63 Ceo III Caap. 155. The statute 4 Geo IV Chap. 81, has been amended, and re-enacted by anccessiva enactments 3 and 4 Vie Chap. 37 and the 12th and 13th Vic. Chap. 43. Under the latter Acts the same power as was formerly copferred upon Courts-Mastual, distant more than 120 miles from the Presidency, has been continuel; but they both contain an express provigion that nothing in those Acts contained shall be construed to exempt any officer or soldier from being proceeled against by the ordinary course of law, e provision which leaves the jurisdiction of the Magis. trate uader the statute 53, Geo. III Cluap. 155, and Act No. 1 of 1819, and of the Sopreme Courts wholly antouched. With respect to offences committed by British oficers and soldiers, and not falling within the teraus of the statote 53 Gea NI, or Act of 1549, I am of opi. nion that they are only cognizable by the Supreme Courts and by conrts-martial, both of which courts appear to me to bavo concurrent jurisdiction over British oficers resident beyond 120 miles from the Presidener, S., 4. 31: Awust 1852, No. 919. The following extract from a letter, addressed to the Court by tho Advocate General with reference to the scope of Acts III and IV Victoria, chapter 37 is published for general ·62 from proceeding under the rules heretofore in force against all British subjects charged with criminal offences who may not be attached to the army, or subject to be tried for such offences by court-martial. Sixth. It is hereby further declared that the provisions of this Regulation, as far as the same relate to criminal offences committed by any commissioned or non-commissioned officer, soldier, or other person attached to the army, being British subjects, shall not be held to apply or be in force when such offences shall be committed by persons of the above description, attached to any body of troops which may be stationed in the garrison of Fort William, or at Barrackpore, Medoapore, Dum Dum, or at any other place within the territories under the presidency of Fort Willam, which may not be situated at a greater distance than 120 miles from the said presidency; and in all such places," the powers and authorities vested by law in the Magistrates and Justices of the Peace shall continue to be and remain in full force and effect. Reg. XX 1825. THE persons referred to above are the following; all officers and persons serving and hired to be employed in the Artillery and in the several trains of Artillery, and in the department of the Engiueers, and in the corps of Enginers, and as Military Surveyors or Draftsmen, or in the corps of Sappers and Miners or Pioneers and all persons under the ordnance, and all Apothecaries, Vetc. rinary Surgeons, Medical Storekeepers, Ilospital Stewards, and others serving on the Medical establishment of the Army, licensed sutlers and followers, all officers and persons commissioned or employed in the Commissariat department, or as Storekeerers, and all Civil Officers under the ordnance, and all placed under the command of any general or other officer. Stat. 4 Geo. IV. Cap. 81. The Criminal Acts alludel to arc wilful murdler, tlicit, rolbery, rape, or any other crime which is capital ly tlic less of ·53 And be it enacted, that the provisions of this, Act shall apply to all officers and persons who are, or shall be serving and lurred to be employed, or who shall serve and be hired to be employed, in the Artillery, and in the several trains of Artillery, and a!l conductors of stores, and in the department of Engineers, and all officers serving or who shall serve in the corps of Engineer, and all officers and persons serving or who shall serve as Blilitary Surveyors or drasftsmen, or in the corps of sappers and miders, or proneers, and all persons who now are or shall be in the ordnance and Commissariat Department and all Apothecaries, Veterinary Surgeons, Medical Storekeepers, Hospital Stewards, and others serving in the Medical Establishinent of the Army, licensed sutlers and followers, and storekeepers and other Cıvıl Oficers employed under the ordnance, shall be at all times subject to all the penalties and punishments mentioned in this Act, and ehall in all respects wliatsoever bo lolden to bc within the intent and meaning of every part of this Act. Sec 40. The Magistratès of Benares, Allahabad, Cawnporc, Meerut aud Agra, and Superintendent of Dehra Doon, and their successors, together with the Joint Magistrates appointed to the above stations for the time being, are empowered, in accordance with an order of Iler Majesty in Council, dated the 7th January 1830, in thcir capacity of Justices of the Peace, as soon as they shall Jave qualified themselves to act in that capacity, to enlist and attest any soldiers or persons desirous of enli-ting or re-culisting into the service of Iler Majesty, hier heirs and successors agreeably to tho provision of ller Diajesty's warrant under the new Mutiny Act. Tlie aboro officers are likewise emponered to enlist and attest soldiers or other persons desirous of re-culisting or re-attesting into the scrrice of thc II. E I. C.--Gort. January 2012 1831.

·I am of opinion that the toth Section of the 3rd Anil 4th Vietoria, chapter 37, Junts the operation of the statute to the parties specified in that section, and that perrons not belonging to any of the classes of persons mentioned in the 40th Seco tion are not pusishable teder the 86th Section T'ins construction is somewhat streugthened by the 17th clause, which shows t?zet the parties (witboat any exception being mentioned) intended to be trueel and punisheil ender the Act are the partica subject to its provisions according to the 10th Section, It is possible that tłus construction may not be consistent with the intention of those who framed the stature, but I can pat no other construction on the park. ment, which being of a penal nature, mat be construed strictly. The new many Act of the Fast India Compay's forces, (statate XII and XIIY Victoria, cnpter 43) although it re-enacts with alterations almost all the classes of the 3rl and ith Victoria, chapter 37, does not alter, re-enact, or repeal ibe 36th Section of that statute. SX & February 1st 1851, No. 86. And be it enacted, that any person who shall unlawfully have in luis or her pusession or keeping, or who shall knowingly detais, bry, exchange or receive from any soldier or Descrter, or any other person, on any pretence whatsoever, or shall solicit os entite any sokfier, or shall be employed by any soleler knowmy kun to be such, to sell any arms ammunition, clothes, or military furniture or any provisions or any sheets or other articles used iu barracks, provided under barrack regulations, or regimental necessancs, or any article of forage provided for any horses belonging to the service, or shall change the colour of any clothes as aforesası, shall forfeit for every such offence any sum not exceeding forty Company's Rupees, (onc moiety to bo paid to the informer) together with treble valno of all or any of screral articles of which such offender sliall so become possessed ; and if any credible person shall prove on oath or solemu declaration before a Magistrate or person exercising the liko nuthority a reasonable cause to srspect that any person has in his or lier grossession, or on Ins or her promiscs, any property of tho dles. cription bercin before described on or with respect to which any buch offence alall liare licen committed, the Magistrate or per son crcrcisog like anthority inay grant a warrant to search for stich property as in case of stolen goods. 3 and 4 l'ic chap. 37 Sec. 36 ·67 I have been informed by the Secretary of State for War that references have of late been made from India to his Department as to the course to be pursued in the casc of Soldiers of Her Majesty's European Regiments appreliended as deserters, and I have therefore to request that you will cause the attention of the Cıvıl Authorities at the several Presidencies to be directed to the provisions of the 34th Clause of the Mutiny Act, which governs such cases. 27 VICTORIA CAP, 3. Clause 34-Upon reasonable suspicion that a Person is a Deserter, it shall be lawful for any Constable, or if no Constablo can be immediately met with, then for any Officer or Soldier in Her Majesty's Service, or other Person, to apprehend or cause to be apprehended, such suspected Person, and forth with to bring him or cause him to be brought, before any Justice living in or near the Place where he was so apprehended, and acting for tlo County or Borough wherein such Place is situate, or for the Couuty adjoining such first mentioned County or such Borough, and such Justice is hereby authorized and required to enquiro whether such suspected Person is a deserter, and from Time to Time to defer the said inquiry and to remand the said suspecteci person in the manner prescribed by an Act passed in the Eleventh and Twelfth Years of the Reign of Her present Majesty, Chapter Forty-two, Section Twenty-one, and subject to every Provision therein contained, and if it shall appear to the satisfaction of such Justice by the Testimony of one or more witnesses, taken upon Oatlı, or by the confession of such suspected Person, confirmed by some corroborativo Evidence upon Vath or by tho knonledge of sucli Justice, that such suspected Person is a Deserter, suclı Justice shall fortlı witlı canso him to be conveyed in Civil Custoly to thic Head Quarters or Deput of the Regiment or Corps ·56 REGARDING THE APPREHENSION OF EUROPEAN SOLDIERS DESERTION FROM H. Al's. REGIMENTS. The following papers were published by the Sudder Court for the information and guidance of all Criminal Authorities, indicating the course to be pursued in the case of Soldiers of Her Majesty's Regiments apprehended as deserters. From Junior Secretary to Government North-T'estern Prorinces to S. N. A.~-Dated 25th January 1865. I am directed to forward to the Court of Nizamut Adalut, the accompanying copy of a despatch No 332 dated the 16th of November last, from the Right Honorable the Sccretary of State for India, to the address of His Excellency the Governor General in Council, together with copy of the 34th Clause of the Mutiny Act therein referred to which lays down the course to be pursued in the case of soldiers of Her Majesty's European Regiments apprehended as deserters, and to request that the Court will issue a Cricular on the subject Extract from the Proceedings of His Excellency the Governor General in Council, in the Military Department No. 1113 under date the 2011 December 1804, From the Right Honorable Sir Charles Wood Bart. G. C. B. ller Majesty's Secretary of State for India, to llis Excellency the Right Ilonorable the Governor General of India in Council No. 332 dated India Office, London, the 16th Norcmber 1864.

·09 Fee of Two Shillings, and also upon the Production of a Receipt from the Medical Practitioner who, in the Absence of a Military Medical Officer may have been required to examine such suspected Person, a Fee of two shillings and sixpence, and shall notify the Fact to the Secretary of State for the War Department, and transmit also to the said Secretary of State, a copy of the commitment, to the end that such Secretary of State may order Repayment of such Fees; and when any such Person shall be apprehendel and committed as a Desertcr in any part of Her Majesty's Foreign Dominions, the Justice shall forthwith cause him to be conveyed to some public Prison, if the Regiment or Corps to which he is suspected to belong, shall not be in such Part, or, if the Regiment or Corps be in such Part, the Justice may deliver him into Custody at the nearest Military Post if within reasonable Distance, although the Regiment to which such Person is suspected to belong may not be stationed at snch Military Post; and such Justice shall in every casc transmit to the General or other officer Commanding, a Descriptive Return in the Form prescribed in the Schedule to this Act annexed, to the end that Person may be removed by order of such officers, and proceeded against according to Law; and such Descriptive Return, purporting to be duly made and subscribed in accordance with the Act shall in the Absence of Proof to the contrary, bo deemed sufficient Evidence of the Facts and Matters therein statech. Provided always, that any such Per. son so committed as a Deserter in any part of Iler Blajesty's Dominions shall, subject to the Provisions herein after contawed be liable to be transferred by order of the General or other officer commanding to serve in any Regiment or Corps or Depot nearest to the place where he shall have been apprehended, or to any other Regiment or Corps to which Her Majesty may dcera it desirable that he sliould lie transferred, and shall also be liable after such Transfer of service to be tried and punished as a Dekerter, S X. A. 11th February 1803, No. 2 ·49 which he belongs, if stationed within a convenient and easily accessible Distance from thic Place of Commitment, or if not so stationed, then to the acarest 'or most convenient public Prison (other than a Military Prison set apart under the Authority of this Act) or Police Station legally provided as a Lock-up House for temporary confinement of persons taken into custody, whetlier sucli Prison or Police Station be in the County or Borongh in which such suspected Person was apprehended or in which he was committed or not; or if the Deserter has been apprchended by a party of Soldiers of his own Regiment or Corps in charge of a Commissioned Officer, such Justice may deliver him up to such Party, unless the Officer shall deem it necessary to have the Descrter Committed to Prison for safe Custody; and such Justico shall transmit an Account of the Proceedings, in the Form prcscribed in the Schedule annexed to this Act, to the Secretary of State for the War Department, specifying therein whether such Descrter was delivered to his Regiment or Corp3, or to the Party of his Regiment or Corps in order to his being taken to the Hcacl Quarters or Depôt of his Regiment or Corps, or whether such Deserter was committed to Prison, to tho end that the Person so committed may be removed by an order from the Omice of the said Secretary of State, and proceeded against according to Law; and such Justice shall also send to the said Secretary of State a Report stating the names of the Persong by wliom, or by or through whose Mcans, the Deserter was appreliended and securel ; and the said Sccretary of State shall transmit to such Justice an order for the Payment to such Person of such sum not exceeding Forty Shillings as the said Secretary of State shall be satisfied they are catitled to according to the true intent and Dlcaning of this Act, and for such Information, Cominitnıent, and Report as nforesaid, tlic Clerk of the said Justico shall lic entitled to n l'eo of Two Shillings and no more ; and every Cooler and other Person into wlosc Custody any Person charguil with Desertion is committed, slall inmediately, upon the Receipt of the Penon so charged into his Custody, pag such ·OL 1 do hereiny certify that the prisoner I certify that I have spected the tas been dois examined before ne as to prisoner and consider himn : for Alılitary the circumstance hereiu stated, and lias Service. declared in my presence that he ta de Signature of the Military #erter from the aborementioned corps, Bledical Officer, or l'rsate Medical Practitioner -Signature and address of Magistrate. Insert "fit" or " unfit, as the unge Signature of Prisoner may be ; and if unfit, state the cause of --Signature of Informant unfitnesa No fee will be allowed to a private Iugcrt"is" or " is not," as the case Bledical l'ractitioner, wbcre a Military Medical Oficer is stationed, unlces at 19 sbona that his services were not arail. alle. may be, 8 N... 29th Apel 1803, No 7, POWERS OF JUSTICE OF TIIE PEACE. Declaration to be subscribed by J. P. All persons who are, or shall be nominated and appointed in any Commission of the Pence, shall be capable of acting as J P in cvcry respect according to the terms of such Commission, upon making and subscribing before any other Justice of the Peace or the Chicf Civil Officer of any Station within the places in and for which any such Commission shall have issued, declarations to the following effect "I declare that I will be faithful and bear true allegiance to IIcr Majesty Queen Victoria." "I declare that I will truly and faithfully discharge the Office of a Justice of the Peace." The subscriptions of such persons to the said declarations shall be sleposital and kept with the records in the Home ·GO European Soldiers' Descriptive Return. In continuation of their Circular order No 2, dated 11th Feb. ruary last, relative to the course to be pursued in the case of Soldiers of Her Majesty's European Regiments apprehended as deserters, the Court are pleased to publish, for the information of all Crimiual Authorities, the annexed Form of the Descriptivo Return to be forwarded to the General or other officer commanding, as directed in clause 34 of the Dutiny Act. Descriptave Return of who was apprehended (or "surrendercut himxell." as the case may be) on the day of and was committed to confine. meat at on the day of — as a Desert cr from (insert Regiment or corts.) Agc feet inches llenght Complexion. Inir. L'yes. Marks. I'roballe dnte of cnlistment, and where. I'rohabla date of desertion, and from what place. me and occupation and address of the person by whom, or through wliose mons, the deserter was apprehended and securel, • Particului in tlic cridence on which the prisoner is committeil, and showing hether le surrendered or wos Aparclended, andia what manner, and upon what grounds * It is important for the Pablic Service, and for the ioterest of the dearrter, that this part of the Natur: should le acrnratels Alied up and the details abstil do nera I ls thic 38, uratc in his own land writing or un-ler liis directing by his Clerk ·63 the special cause on which it is granted, viz: that the party "stands charged with an offence." A warrant" to the like effect" under Scc: 188 should contain a recital that "AB, who was required to give cvidence as a witness in a case against had absconded" or was "likely to abscond," or under Sec: 191 " had been summoned and omitted to attend." A strict adherence to the form of warrants of arrest prescribed by the Code of Criminal Procedure will tend to prevent their being granted irrigularly and without enquiry as to whether the circumstances justify their issue. 3. Secondly, the officers of your Court should be informed that witnesses brought up under Sec: 188 and 191 should not oe treated as Criminals, and put in irons, but simply as persons arrested on Civil process. By Order of the High Court. (Signed) F. B. PEACOCK, Offg. Registrar. WRC any person is taken on a charge of felony, or suspicion of felony, beforc a J P. at any place beyond the local limits of the jurisdiction of any of Her Majesty's Courts of Justice erected or to be crected within the British territories under the Government of the E. I C, and the charge is supported by positive and credible evidence of the fact, or by such evidence as, if not explained or contraulicted, raises in the opinion of the Justice a strong presumption of the guilt of thic person charged, such person is to be committed to prson by such Justice m the manner hereinafter Inentioncil; but if the evidence given in support of the charge is not in the opinion of the Justice such as to raise a strong presiumtion of the guilt of the person charged, and to require his or her comunittal, or such evidence is adduced on behalf of the person charged as in lus opinion treakcns the presumption of lui» or ker guilt, but there notwithstanding appears to him in cither of suck: cises to be sufficient ground for judicial inquiry into liis or her ·62 Department of the office of the Secretary to the Government in the province wherein such declarations shall liave been made. dct. IYVII of 1804. No person who is not a Justice of the Peace shall commit, or bok to bail, any European British Subject to take his trial leforc a Supreme Court of Judicature. 0. P. C. Sec. 39. Farrnnt of arrest. TIIe court are pleased to promulgate for the information and Gudance of all Justices of the Peace in these Prorinces, the non companying copy of a Circular No. 21, dated the 22nd of November last, issued by the High Court, Fort William, containing instructions for the guidance of Justices of the Peace, regarding the form of warrants of arrest prescribed by the Codo of Criminal Procedure. 2. The court direct that a copy of the circular order bo suppled to cach J P. in the several districts of thesc Provincce SN A 131) February 1805, No 3 A case kaving licen recently brought to the notice of thic Officiating Chief Justice, in ulsich a person who should love been simply, summoncu ns a witness, hind, without any suflicient cause, leen arrested under a warrant issued by a J. P. under the provision of Sce. 188, Cole of Criminal l'roceduse, and wlio nitur lių arrest had in put in irons, it appears to Big Loruship ceirable to call your attention to the necessity of stating, as shortly, as possible, in crcry warrant, the special matter on which it proceeds 9. By Suc 76 of thic Colo of Criminal Procedure crery warrant it to Le in the form B given in the Appendix, or to the The ellict. Funn B. in thc Appendix expressly on the face of it ·65 principal felon although the ollence be committed ou the seas or abroad. If the offence be coinmitted in different places, tlc accessory may be tried in any of the Queen's Courts in India liaving jurisdiction.--Sec : 7. Accessary after the fact may be tried by any court which bas jurisdiction to try the priucipal felon. If the offenco be committed in different places, Accessary may be tried in any court having jurisdiction, Sec. 8. Accessary may be prosecuted after conviction of the principal, thougli the principal bo not attained --Sec. 9. In indictments for offences committad on the property of partners, it may be laid in any one partner by naine, and others.--Scc. 10 Aiders and abetters in offences, punishable by Justice on summary conviction --Scc: 39. A person may be apprehended in the act of committiog an offence A Justicc upon good grounds of suspicion may grant a scarch Warrant. A person to whom property suspected to be stolen &c, is offered, may seize the party offering-Sec. 10. Summary proceedings are to be commenced within tlirec months after the commission of thic offence and not otherwise ; nuil tho criticnce of the party aggrieved is to be admitted in proof of the offepcc-Sec : 41. Where any person is charged on the oath of a crcdille vitness before any J I'. with any such offence, the Justice may stinumon tlic per on changed to appear at a time and place to be namned in much suumous, aud if lic cloes not appear according!s, they upon ·61 guilt, the person charged is to be admitted to Lail by such Justice in the manner hereinafter mentioned: provided always, that - nothing herein contained is to be construed to require any such Justico to hcar cvidence on behalf of any person so charged as aforesaid, unless it appears to him to be meet and conclusive to the ends of justice to lear the same. 9 Gco:IV. Cap. 74 Sec, 2. Before any person charged with felouy is bailed or committed, the Justice is to take down in writing the Examination &c., and to bind witnesses to appear at the trial, Exanination &c. to be delivered to the Supreme Court --Sec : 3. Every J. P. before whom any person is taken on n charge of misdemeanor, or suspicion thereof, is to take the Examination of the person charged, and the information upon oath of thoso who know the facts and circumstances of the case, and is to put the samo or as much thercof as is material into writing before he commits to prison or requires bail from the person so charged ; and in cvery case of lailment is to certify the builment in writing and has authority to bind all persons by recognizance to appear to prosecuto or give evidence against tho party accused, in liko manner as in cases of felony; and is to subscribe all Exaininations, informations, bailients, and recognizance, and to deliver or cause the same to be delircred, to the proper Officer of the Court in which tho trial is to be, before or at the opening of the Court, in like inanner as in cases of felony.--Scc : 4. If any Justice offends in any thing contrary to the tric intent and meaning of these provisions, the Court to wlose Officer nny such Examination, information, cridence, bailment recognizance or inquisition ought to liase been delivered, is upon Examination and proof of the offence, in a summary manner, to ect such finc upon crers such Justice as the Court thinks meet.-Scc. C. Accessary before the fact may le trícd 24 sucli, or as a substantivo felon, by any Cuiirt nlich lius jurisilicțion to try the ·67 and for any term not exceeding six calendar months in any other case; the comitment to be determinable in each of thic cascsaforesaid upon payment of tlic amount with costs. Scc. 44. Thc Justice may discharge the party from liis conviction upon liis making sucli satisfaction to the party aggrieved for damages and costs or either of thein, as is ascertained by the Justice. Sec: 43. A summary conviction 19 a Lar to any other proceeding fur the same cause, Sec 40. The Justice before whom any person is convicted of any offence against this Act may cause the conviction to be drawn up in the following form of words or in any other form of words, to the same effect, as the case may require-viz. Be it remembered that on the -day of in the year of our Lorul -at -fas the case mag be) A, O, is convicted Lefore me J. P. Magistrate of -and one of Her Dagisty's Justices of the Peace, for that lie the said A. O. did (specify the offence and the time and place when and achero the sumc was committed as the case may be, and one sccond conviction, state the first conviction), and I the said J P. adjudge the said A, O. for the said offence to be imprisoned in the-(or to be imprisoned in the -and there kept to hurd labor) for the space of or I adjudge the said AO for his said offence, to forfcit and ray -(here stato the penalty actually imposed, or state the penalty, and also the tulue of the articles stolen or the amount of the injury, as the case may be) and also to pay the sum of- -for costs; and in default of inmediate payment, of the said suns to be imprisoned in the (or, to be imprisoned in the and there hept to huru lalui) for the space of less the said sumns sltall be sooner paid for, and I order that tho ·66 proof of the due service of the Summons upon such person, by delivering the same to lim personally, or by leaving the same at his usual place of abode, the Justice may either procecd to hear and determine the caso ezparte or issue his Warrant for approhending such person and bringing him before limself or somo other J P. or the Justice beforo whom the charge is made may, if he so think fit, without any previous summons, unless where otherwise specially directed, issuc such Warrant and the Justico before whom the person charged appears or is brought, is to procecd to hear and determine tho casc. --Sec : 42. Every sum of money which is forfeited for the value of any property stolen or taken, or for the amount of any injury donc, such value or amount to be assessed in such case by tl.c convicting Justice is to bo paid to the party aggrieved if known, except where such party lias been cxamined in proof of the offence, or when the party aggricved is unknown, such sum is to be applied in the same manner as the penalty ; provided always that where several persons join in tlio commission of the samo offence, and arc upon conviction thereof, cach adjudged to forfeit a sum equivalent to the value of the property or to tho amount of the injury, in every such casc no farther sum is to bo paid to the party aggrieved than that which is forfeited by onc of such offenders only, and the corresponding sum or sums forfeited by the otlier offender or offenders arc to be applici in the same manner as any penalty imposed by a J. I. is lcrcin directed to bc applied Sec: 43. If a person summarily convictcł does not pay &c. tho Justica muy commit him. Scale of imprisonment; any term not cncecel. ing two calendar monthis where the amount of the sum forfeited or of the penalty imposeil, or of both, 2.5 the case may be, together with thic coute does not crccel fifty ricca rupees; and for nog term not cxceciling four calendar inonth, where the quount with costs does not ercecd one lundred sicca rupees ;

·69 Shipwrecked goods offered for sale may be seized, and the fact reported to some Justice of tlic Peace, who will cause the goods to be delivered rip to the owner, upon payment of a scasonable reward ; and the offender to forfeit and pay over and above the value of the goods merchandize or articles such sum of Woney, not exceeding two liundred Rupecs, as to the Justice scems meet Sec. 92. Stealing dogs or beasts, or birds kept in confinement. First offence, to be fined 200 Rupees over and above the value of the thing stolen. And if any person so convicted is afterwards guilty of any of tho sail offences, such offender is to be committel to the common jail or house of correction, there to be kept to bard labor for such term not cxcceding twelvc calendar months, as the convicting Justice thinks fit.-Scc. 97. Receivers of stolen property where the original offence is punishablo summarily, ale paushable as original offenders. Soc: 113. Breaking down the dam of a fishery &c. offender is to forfet and pay over and above the amount of the injury done, such sum of money, not exceeding fifty sicca rupees, as to the Justice scens mcct.Scc: 121. Malicc against the owner of the property not essential to the offence-Sec. 121. Stealing the whole or part of any growing tree &c or of any pale post, or stile, or any growing cultivated plant &c. or inaliciously injuring any real or personal property. First offence, finc 50 ks in addition to yalog; subsequent offence, G montlıs imprisonment. Act X.XXI, 1838. Sec: 29.

·G8 -day of said sums shall be paid by the said A. O. on or before the -) and I direct that the said suni of- - (1. c. the penalty only) shall be paid to-- of Laforesaid, in which the said offence was committed, to be by lim applicu according to the direction of the statuto in that casc made and provided; (or, that the said sum of -i c. the penalty, shall be paid to &c. as before) and that the said sum of -(i.c. the value of the articles slolen, or the amount of the injury clone) shall be paid to C. D. (the party aggricrcd, unless he has been craminel in proof of the offence, in achich case state that fact, and dispose of the ashole like the penalty, as before.) Given under my hand and seal, tho day and the year first above mentionci. --Sec: 47. Evcry J. P. beforc whom any person is convicted of any offence ngainst this Act, is to transmit the conviction to the next Court of general or quarter Sessions, there to be kept by thic proper oſlicer among the records of the Court; and upon any indictment or information against uny person for a subscquent offence a copy of sucli conviction certified by the proper officer of thic Court, or approved to be a truc cory is to be sufficicut evidence to prove conviction for the former offence, and the counction is to le pirustumcd to liave been usappcalcul against until the contrary lcs shown. Sec: 50, llaving in possession inore than fisc pieces of counterfuit coins without lawful excu:c; punilable with fine, or thircu muntlis imprisonment. Sec. 13. l'ersons in prosession of slips ruckel gals nuut giving a ratis. C.actory account Goods to be delivered up to owner, and ollini. er is to fwy and ſurfeit vier and ulove the value of the Civila, ineri handize or articles, auch beiht uf muties of Irroilm, two fundral Sicca ilyees, as to the Justice ale ins Inett. Sic. 91.

·71 of the said High Court, whether within or withont the Bengal Division of the Presidency of Fort William, other than the usual place of sitting of such Court, or at several such places by way of circuit, and the G. G. of India in Council shall, by his Commission for that purpose, authorize and direct any of the Judges of such Court to hold sittings in such place or places accordingly, at or within such times as by such Commission may be authorized or directed, the Judge or Judges acting under such Com. mission, in the places and manner therein directed, shall have and exercise the same jurislıction, power, and authority as would be had and exercised by a Judge or Judges of the High Court of judicature at Fort William in Bengal in its ordinary place of sitting, but subject, as respects the exercise of original Criminal jurisdiction in any place other than the ordinary place of sitting of such High Court, to the provisions contained in the twenty-eighth and following scctions of this Act. Act XIII O 1863. Sec, 22. The High Court may allot to a Judge or Judges acting under a Commission as aforcsaid, such part of the extraordinnry original Civil jurisdiction, and of the Civil and Criminal Appellato jurisdiction and of thic jurisılıction as a Court of revision or reference, which it is competent to excrcise at its usual place of sitting, as the lligh Court may consider can be more convcniently exercised at any place or places micntioned in such conimission. Sec. 23. Every commission issued as aforesaid under any of the prcceding Scctions, shall specify the time during which and the Districts or places within which such Commission shall remain in forco; and such time and the limits of such Districts or places shall be notified in the Official Gazette. Sec. 20. Tho G. G. in Council or the Gorernor of Daims or of Bombay ia Council, as the case may be, mas, bg such Commission as ·70 Every sum of money which is forfeited for the amount of any injury donc, such amonnt in cach caso to be assessed by the convicting Magistrate or J. P. is to be paid to the party aggrieved if known, except when snch party has been cxamined in proof of the offence. In case of the non payment of any forfeiture or penalty for such offence, the Magistrato or Justice may award a term of imprisonment. Scc. 30. If the forfeiture is scalized from screral, the amoant forfeited by one only is to be paid to tlic party aggrieved. Sec 31. Summary conviction for such offence is a bar to any other proceeding for the same cause. Scc. 32. Malice against the owner of the property not essential to the offence. Scc. 33. It is not necessary in any proceedling, cither for treſt or for malicious injury, spoil or clamace, to, or upon any property dedicated to public usc or ornament, to allege the same to be the property of any person. Sec. 31. REGARDING TIIE TRIAL OF E. B. S. BY THE IIIci Court SITTING UNDER A COMMISSION IN THE MOFUSSIL. Irom and after the coinmcncement of this Act, lienever it shall appear to the C. G. of India in Council conicnicnt that the jurisdiction and ponce restol in the High Court, Fort William in Bengal shall lxc eterisrl in any place within the jurivliction of any Court now siliject to the Superintendence ·73 tried, the notice by tlus Scction directed to be given to tho Clerk of the Crown shall be given, and the documents directed to be sent to the Clerk of the Crown shall be sent, to the Clerk of the Crown with the Judge of the High Court acting under the Commission. Such Judge shall have all the powers given to the High Court by this and the next succeeding Section. Sec: 28. The charge whether it shall or shall not have been amender, altered or added to under the last preceding Scction, shall, if the person charged be directed to be tried at a place other than the usual place of sitting of the Court have thic samo effect as a charge under the tlurteenth Chapter of the Code of Criminal Procedurc, and the person charged shall be tried thercon before a Judge of the High Court wliether sitting by himself or with an Associate Judge. But if, at any time before the High Court shall liave directed where the trial of the person charged shall take place, the charge appear to the lligli Court to be clearly unsustainable, an entry to that effect may be made by the proper Officer of the Court at any time before the commencement of the trial Such catry shall luave the effect of staying proceedings on the charge, but shall not operate as an acquittal of thic person charged unless and until three years from the tune of making the entry shall have elapsed, at the cxpiratiou of which period, if no fiesh charge have been bronglit on tlıc samo matter, lic shall be considerel as having been acquitted. If the person chargel be directed to be tried at the rual place of sitting of the Court, the charge whether amended altered, or acted to as last aforesund or not, shall hare the sumo llect as, apıl be deemed to be, a charge under the sixth, seventh and cight sections of this Act. Scc. 29. Pending the directions of the High Court as to the place of trial, every suclı Britislı Subject as is referred to in tlie twenty ciglit Section of tlus Act shall (if not out on kul) Le connitted ·12 aforesaid, associate with such Judge of the Iligh Court any Barrister-at-law of not less than five years standing, or any Sessions Judge. The person so associated shall be called the Associate Judge, and, unless directed to try persons separately as hereinafter provided, may sit with the Judge of the Iligh Court during the trials of persons tried unler such Commission Whenever any Associate Judge sits with the Judge of the Iligh Court, the latter shall prcside, conduct the case, and pronounce judgmcat Sec. 27. Any J P. or M. without the local limits of the ordinary original Civil Jurisdiction of the Higlı Court, before wliom any E. B. S. shall be brought for an offence committed without those limits, shall, immediately after the conclusion of the preliminary coquiry, and if he shall deterininc to commit or hold to bail such person for trial, give notice tlıcreof to the High Court to which tlic commitment or bailment would ordinarily bo mauc, and slall send to thc Clerk of the Crown, together with the record of the preliminary enquiry, and translations into English of any writings not in that language, a written instrument of charge signcil by hin stating for what offence ruch person is committed or held to bail. On reccipt of these documents, the Clerk of the Crown shall proceed as directed in the like case in the fourth section, and the person charged shall be entitled to copics in like manner as he would be entitled to copies under tlio fiftla section, of this Act. If n Cominission under which the person charged might be tried shall have been issucd, thelligh Court slınll consider nt wlat place the person charged can bo most conveni. cntly tried, and shall give directions accordingly; if no such Commission shull lave bocn iszucd, the Iligh Court shall obtain information from the Government as to wylictlicr such Commission is aloul to issue, and shall then girc such directions Tast nforesaid. Prouidcd always that, if the commitincnt or Jailment have been made after the issue and curing the running of a Cordmission under which tlo person charged miglit Lo ሲ ·70 sliall be tried at any place other than its usual place of sitting, the Judge of the High Court acting under such commission as afore: said, in the place and manner therein mentioned, shall, whether sitting by himself or with the Associate,Judge, havo and excercise in respect of such E. B. S. the same jurisdiction, power, aud authority which would be had and exercised by the High Court at its ordinary place of sitting if the said E B. S. had been committed or bailed to the said High Court at its ordinary place of sitting for the offence with which he is charged. But the trial of the said E. B S. before such Judge of the High Court acting under such Commission as aforesaid, and whether sitting by himself or with the Associate Judge, shall, subject to the cxceptions liereafter declared, be conducted in accordance with the rules and provisions contained in the Code of Criminal Procedure, and thereby made applicable to trials of persons committed or bailod for trial before the Court of Session for offences triablo by such Court. Sec. 32. The Judge of the High Court acting under sach Commission in the place and manner therein mentioned, and whether sitting by himself or with the Associate Judge, shall, if he shall think fit, laro and cxercise the same jurisdiction, power, and authority in respect of any person committed or bailed for trial under the Code of Criminal Procedure before the court of session at the place and within the time in such Commission mentioncu, as might be had and exercised by the Court of Session to which such person was committed or bailed. The trial of such person shall be conducted, subject to the cxceptions hereinafter declar. cd, in accordance with the rules and provisions contained in the Codo of Criminal Procedure, and thereby made applicable to trinis before a Court of Session of persons committed or bailed to such Court for offences triable by the same. Sec. 33. All trials before a Judge of the lligh Court acting under such Commission as aforesaid, and whether sitting by himself or with the Associate Judgc, shall be by jury. Sec. 34.

·by the J. P. or MI. for intermediate custody to tlıc ncarcst Cri. innal Jail in which lie can be most convcniently confineil. If the trial shall be directeel to take place in the usual place of sitting of the Court, the J. P. or M. slıall bind over the person chargel to appear and take his trial at such usual place of sittins, or shall commit him to the jail at such place. If the ligli Court shall direct that the person charged be tried elsewhicro tlan in its usual place of sitting, the J. P. or II, shall bind him over to appear and take liis trial in the place directed, or (as tlic case may be) shall, if necessary, causo him to be removed to thic Criminal Jail of or nearest to the place at which such person is directel to be tried, and the officer in charge of such criminal jail shall keep such person in safe custody uptil discharged iu duc course of law. Sec. 30. It shall bo lawful for the Iligh Court to direct that all E B. S. cornmittel or Lailed for trial within certain specifici Districts or during certain specified periods of tlıc year, slınll lc tricd at the usunl place of sitting of the court, or to direct that tlicy shall bo tricel at a particular place name; and also to order that such E B S. shall, if not bailed lc coinmitted fur intermediate custody to a particular jail, being one of the jails appointed. by the Government for the reception of such prisoners In any such case the High Court may dircct further, that thic notice required by the twenty-ciglit section of this Act to Lo giurn and tho papers required by that section to lo sent to the Clerk of the Crown, shall lic giren and sent to a particular Clerk of the Crown named by the Iligli Court it that Ixhall. Erers person lailed or committed to talc lis trial at any particnlar place in compliance with a gencral direction under the provisions of this section, slialt le dealt will. in all mese recte as if he had been luiled or committed in compliance with a special direction ruder tlic trenty.ciglit Section of this Act. Sec. 31. Wlicn the Iligli Court slud liarc dircctcıl that any NBS ·77 before the jury shall be empannelled, the Majority of the jurors shall consist of Europeans or Americans. If such a jury canuot be procured, the person 50 charged shall be sent for trial by the High Court in its usual placc of sitting. Sec. 36. On every trial mentioned in the thirty fourth Section of this Act the jury shall consist of twelve persons, and unanimity or a Majority of not less than nine with the concurrence of the presiding Judge, shall be necessary for a verdict of guilty. In default of such unanimity, or of such Majority and concurrence, the prisoner shall be acquitted. Sec. 37. This Act shall conimence and come into operation on such date as the G. G of India in Council shall appoint by notification in the Gazette of India Scc. 45. REGARDING THE TRIAL OF E. B. S. DY TILE CHIEr Count OF JUDICATURE IN TUU PUNJAB. The Chief Court shall havo power, as a court of original juris. dictiou, to try' E B S. committed to it for trial; and from thic dutc on which this Act shall come into operation no comunitment of a E B S. for trial by a 'High Court of judicature shall bo made by any Court or Officer in the Punjab, but every cominitrcut which, if this Act had not been passed could have been made to a High Court, slıall be made to thic Clicf Court Wlicncier any such E B.S. shall be committed or bailed for trial licfore the Chicf Court, the Chief Court skall direct at what placu within the limits of jurisdiction the trial shall lic lield. YXIII of 1863, Sec. 20.

·76 Whenorcr the G. C. of India in Council or tlic Gorernor of Maclmas or of Bombay in Council, as tho case may be, shall have significd to thc lligh Court that it is intended to issue a comsuission as aforesaid to any Judge or Judges of the Ilight Court authorizing and directing sittings of the said Judge or Judges in any place, thic Iligh Court shall give notice of such intention to the Court of Session at such place, aud thercupon the said Court of Session shall takc and cause to bc taken the micasures prescribed by sections thrce lundred and thirty six to tlirea hundred and forty, both inclusivo of the Colc of Criminal Procclure for the summoning of Jurors; and in addition to the persons to summondd as Jurors, the said Court of Scasion shall, if it shall think nccdful after communication with the Commanding Officer, cause to be summoncu such number of Commissioned and Non-Cominissional Officers in thic Military service, resident within ten miles of its place of sitting, as thic Court shall consider to bo nccessary to make up the Jurics required for the trial of persons charged with Offences before tlo Judge of the Iligh Court acting under Commission as aforesaik All Commissioned and Non-Commissioned Officers so suminoned, shall Poc liable to servo on such juries notwithstanding anything containcl in the Colo of Criminal Procedure, but no Commissione or Yon Commissional Officer shall ke summoned whom his Commaniling Officer shall desire to have cocused on the ground of urgent Military cuts or for any other special Military mison. The jurica for the trial of persone triablo liy such Judge of the llig'ls Coiirt acting uniler such Commission as afur said, shall bo formel in thic manner required try thic Code of Criminal l'rocco dure and log this Act from thc pcrions suminoned under the snill section of thic Colc of Crininn! I'muro and from thic Commissioncıl and Yon-Coinmisiional Oflicens muninonal na aforcesil, or iſ no such Oficers hure been summond then solely from the persons sumponcıl under the same section. Sxc:33. If the person charge slınll be a E N. S. and shall so require, ·81 no such officers have been summoned, then solely from the percons summoned under the same sections. Scc. 30. If any E. B. S. charged as aforesaid shall so require beforo the jury shall be empannelled, the Majority of the jurors shall consist or Europeans or Americans, or both Europeans and Americans. Sec. 31. On every trial of an E. B. S. under this Act, the jury shall consist of twelve persons, and unanimity, or a Majority of not less than nine with the concurrence of the presiding Judge, shall be necessary for a verdict of guilty. In default of such unanimity, or of such Majority and concurrence, the prisoner shall be acquitted. Seca 32. Every E. B. S. apprehended within the Punjab, or delivercd into the custody of a Dagistrate within the Punjab, wherever apprehended shall be amenable to the law for any offence conmitted by him within the territory of any Foreign Prince or State, and may be bailed or committed for trial as hereinafter provided on the like evidence as would warrant his being bail. ed or committed for trial for the same offence if it had been committed in the Punjab. Scc. 37. The committing M. immediately, and before the trial shall report the caso of tho Lieutenant Gorcrnor, and shall oboy tho orders which he shall rcccirc thercon, and the Licutenant Goverpor may order the trial to bo bad before the Chief Court Sec. 38. When the offence is charged to have been committed in the territory of any Foreign Prince or Slate, administered by officers acting under the authority of the Government of Iudia, iu which territory a Court competent to try the person charge is ·80 during certain specified periods of the year, shall be tried at the usual place of sitting of the court, or to direct that they shall be tried at a particular place named, and also to order that such E. B. S. shall if not bailed, be committed for intermediate custody to a particular jail being one of the jails appointed by thio Government for the reception of such prisoners. Scc. 28. All trials under the twentieth section shall be by júry. Sec. 29. Whenever the Chief Court shall have given notice of its intention to hold sittiogs at any place (whether at the scat of Government of the Punjab or otherwise) for the exercise of its original, Criminal jurisdiction, the Court of Session at such placc suall tako and cause to be taken, the measures prescribed by Section 336 to 310 both inclusive of the Code of Criminal Procedure for the summoning of Jurors, and in addition to the persons so summoned as jurors, the said Court of Session shall if it shall think ncedful after communication with the Commanding Officer, cause to be summoned such number of Comunissioned and Non-Commissioned Officers in the Military service resident within ton miles of its place of sitting as the Court shall consider to be 'uccessary to make up the juries required for the trial of EB S. charged with offenccs before the Chief Court as aforcsaid. All Commissioned and Non-Commissioned Officers so summoned, shall bo liablo to serve on such jurics notwithstanding anything contained in the Code of Criminal Procedure, but no Comunissioned or Non-Commissioned Officer shall be summoned whom his Commanding Officer blial desire to laro cxcuscil on tho ground of urgent Military duty or for any other special Military rcáson.. Thic jurics for the trial of E B. S. as aforesaid shall be formed in the manner required by thic Code of Criminal Procedure and by this Act from the persuas summoned under the said Scctions of thic Code of Criminal Procclure and from the Commnissioned and Non-Commissioned Officers bumgioncil as aforiraid, or if ·83 cette no desenbum Selron 193, 194, 195, 196, 199, 200, 203, 206, 207, 208, 219, 02 210 of the Indian Peval Code, the Court } (unt such per sun tu tiike kes tatul for the offence before th swt of Sun, or after making such preliminary inquiry ats Ilicy be necessary, may send the case for suvestigation to any M kava julietin to try or cunout (or trut the accused person for the offence charge, and such I shall thereupon proccel according to law. Act. XXI of 1861 See. 16. When in any case peading before any Court thero shell nppear to the Crit enficient ground for sending for investigation to thic 1 a charge desculed in Section 403, 471, 473, or 470, of the Indian Pcwluch may be preferrel in respect to any derilor paper offered in evidence in the case, the Court may seml the person accused in custoily to the BI or take suflicicut hul for un appearance before the IL The Court shall send to the M the essence and documenty relevant to the charge, and shall lnud over any person to appear and give evidence before such D. The M skall receire such charge, and proccul with it under the rules for the time being in force. Sec. 19. If the person accused or any one of the persons accused in auy case falling under Section XVI or Section XIX of this Act, as a EBS the Court shall send such person in custody, or tube sufficient ball for lus appearance before an officer empowered to commt or hold to wail persons charged with offences for trut before a S C. of Judicature, and sack officer shall pro. ceud according to lar. Sec. 20. When any such offence as a described in Section 173, 178, 17,150), or 48 of the Indian P. C. is committed in the view por prevence of any Court, it shall be competent to such Court to ell the offenler, whether he lea EB S or not, to be detrin. ed il cuttely, and at any time before the rising of the Court on the same day tv tako cguizince of the offence; add to Wijudge ·82 established by authority of the G. G. of India in Council, the Licutenant Governor may order such person to be conveyed in custody out of the Punjab for the purpose of delivering him up for trial before such Court Sec 39. When the person charged is committed to custody, the form of the warrant shall specify the commitment to be uutil the orders of the Licutenant Governor can be received and acted on. When he is bailed, the form of the bail bond shall be in the first instance to appcar before the Magistrate on a certain day assigned, allowing reasonable time for the receipt of the orders of the Lieutenant Governor, and on such subscquent days as tho M. shall from time to time require. If the Lieutenant Gorernor shall order the person charged to be tried in the Chief Court, the M. may causo the bail bond to be renewed in the usual form to appear and take his trial in such Court. Scc. 40. In either case the special order of the Lieutenant Governor shall be deemed full authority either for the trial of the person charged within the Punjab, or for conveying him in custody out of the Punjab as aforesaid. Sec. 41. This Act shall come into operation cu such day as the G. G. of India in Council shall fix by a notification. published in the Gazette of India. Sec. 53, REGAT.DING THE PROCEDURE TO DE ADOPTED THEY THIC OFFENCES OF GIVING FALSE EVIDENCE, FONGENT, AND COSTCUITTS AND DISODEDIEXCL OF ONDERS ARE COUSIIT- TED DEFORT A CIVIL COURT, ---- When in any case peiding before any Court any witness or other penson shall appear to the Court to layo lscen guilty of an ·87 E B. S. is eligible to look the office of Deputy Collector under Reg. IX. 1833, and also of Deputy Slagistrate. Ad )'. 1813. Sec. G. Persons holding these offices are not liablo to to xli-misse! for misconduct without the sanction of the Local Goverinent. Iud Scc : 5. Insane European British Subjects. Insane E. B. S. if found wandering about in a dangerous state, and having no relations or friends willing to take chargo of them are liable to be sent to the Inside Asylum at the Presidency; and the Magistrate is authorized to attach and sell by auction, any property belonging to the lunatic, with a view to the proceeds being applied to the payment of necessary charges of remporal, maintenance, clothing, medicine &c. S. N. 4. April 301l. 1811. No. 577. ESTATES OF DECEASED EUROPEAN BRITISII SUBJECTS, UNDET. TAT CIRCUMSTANCES TIE JUDGE MAY TAKD CHARGE OT THE PROPERTY OF A DECEASED PERSON. Extract of a letter from the Commissioner of the 5th Div. to the ofg. Register S. D 4. 11. P. dated On October 1833. I have the honor to request that you will obtain from tho Court an opinion on the construction of Scc. 16 Reg. III, 1803, and Sec. 6, Reg. XV. 1806. Question. lst. Is the interfercucc of the Civil Julge, ly Sec. 16. Reg: III, 1803, and Sec : Reg: XV 1806, strictly li. mited to cases of persons dying intestate or not? Question. 2rul. Though the will of the deceased be not forthcoming, or no will may exist, ought the Civil Judge to interfere if there be a clajmint, a near relation, or respectable freddon spot, willing to take charge of, and to be resposible for, thic property ? tlo ·82 established by authority of the G. G. of India in Council, the Lieutenant Governor may order such person to be conveyed in custody out of the Punjab for the purpose of delivering him up for trial before such Court Sec 39. When the person charged is committed to custody, the form of the warrant shall specify tlic commitment to be until the orders of the Lieutenant Governor can be reccived and acted on. When he is bailed, the form of the bail bond shall be in tlic first instance to appear before the Magistrato on a certain day assigned, allowing reasonable time foor the receipt of the orders of the Lieutenant Governor, and on such subsequent days as tho I shall from time to time require. If the Licutenant Governor shall order the person charged to be tried in the Chief Court, the M. may cause the bail bond to be renewed in the usual form to appear and take his trial in such Court. Sec. 40 In either case the special order of the Lieutenant Gorcrnor shall be deemed full authority either for the trial of the person charged within the Punjab, or for conveying him in custody out of the Punjab as aforesaid. Sec. 41. This Act shall come into operation cn such day as the G. G. of India in Council shall fix by a notification published in tho Guzette of India Scc. 33. REGARDING TIC PROCEDURE TO DE ADOPTCD WIEN TID OFFENCES OF GIVING FALSE EVIDENCE, FORGERY, AND COSTESITTS AND DISOBEDIENCE OF ORDITIS ATE COMMIT- TED BCFONC A CIVIL COURT, --- Wlien in any case pending before any Court any witness or otlier penson shall appear to the Court to laro tecn guilty of an ·87 E B. S. is eligible to hold the ofñce of Depuiy Collector under Rare IX. 1833, and also of Deputy Magistrate. Ac XY. 1813. Sec. G. Persons holding these offices are pot liallo to to dismissed for misconduct without the sanction of the Local Goveruincut. Ibid Scc : 5. Insane European British Subjects. Insane E. B. S. iſ found Wandering about in a slangerous state, and having no relations or friends willing to take chargo of them, are liable to be sent to the Insane Asylum at the Presidency; and the Magistrate is authorized to attach and sell by ruction, any property belonging to the Junatic, with a vies to the proceeds being applied to the payment of necessary charges of tergoval, maintenance, clothing, medicine &c. S. N. A. April 30th. 1811, No. 577. 4 ESTATES OF DECEASED EUROPEAN BRITISII SUBJECTS UNDET. THAT CIT.CUMSTANCES TIE JUDGE MAY TAKL CHARGE OT THE PROPERTY OF A DECEASCD TEISON. Extract of a letter from the Commissioner of the 5th Dies to the ofg. Register S. D. 4. W. P. dated 2nd October 1833. I have the honor to request that you will obtain from the Court an opinion on the construction of Sec. 16 Res. III, 1803, and Sec. 6, Reg. XV. 1806. Question 1st. Is the interference of the Civil Julge, by Sec. 16. Reg: III. 1803, and Sec: Peg: XV 1806, strictly limited to cases of persons dying intestate or not? Question, 2nd. Thouglı the will of the deceased le not furthcoming, or no will may exist, ought the Civil Judge to interfere if there be a claimant, 3 ncar relation, or respectable friend on the spot, willing to take charge of, and to be resposible for, tlic property?

·86 MISCELLANEOUS. Petitions and Pleadings in ce Civil Court may be filecl with a translation in english. A European defendant filing his petitions and pleadings in the vernacular language, on the prescribed stamp may file a translation thereof in english on unstamped paper. It is no part of the duty of the Court to furnish tlic defendant with translations he must procure a person duly qualified to interpret for hiin. Cons. No. 1035. Depositions in English. Tho deposition of a European witness must be recorded in Englisit, and a translation of it prepared by the Court and annexed to it. Ibid. European names to be written in English in Civil proccsscs. As instances lave occurred in which inconvenicnce and delay have been caused by the difficulty or impossibility of ascertain ing the names of Europeans or East Indians, when written in thic Persian character only, the Court are pleascd to direct, that all names of Earopeans or East Indians, which may be entered in processes directed by any of the Civil Courts to other Districts, sliall, whenever it may be practicable, be written in tric English as well as in the persian cliaracter. S. D. A. Nov. 161. 1839. C. O. No 29. Eligibility for public employ. I. 1. S. is cligible to bo apminted to the oſlice of P. S. Ameen, Sadilcr amoen, or Moonsiff. dcl VIII, 1836. 1 Every person so nppointed is liable to the same proceedings as well Criminal ng Civil, and amenable tho to juriydiction of the £anc tribunals as natives of the country. Ibid, ·perty of a deceased Britislı subject,, whose will is forthcoining WIENEVER any British subject shall die leaving personal assets within the limits of the jurisdiction of a Zillal Judge, a: no will shall be found among the effects of the deceascd, it shall be the duty of the Zillah Judge to report the circumstance withont delay to the Allministrator General of the Presidency, retaining the property under his charge until letters of aminis tration shall have been obtined by the Adminisirator General or by some other person from the Supreme Court of Judicatare, when the property shall be dclivered over to the person obli 89 Toported, or some other person, sliall have obtained lettre a admiaistration from that Court, slicn the property is in la delivered over to the person to whom fucl letters may lze been granteil The terms of the enactment Lcing imjuratire and express as to the jurisdiction to be cxcrcisel by thio Zillalo Courts in such cases, the Court observe that no discretiga nlist ever is left to the Judge in the matter. 4. With reference to the third point potical in four kitur, the Court direct me to observe, that the course to be purnud by the Zillah and city Judges in matters of this nature in clearly laid down in the Regulations, and they do not consider thein. selves competent to authorize any deviation therefrom. Cine No. 983.. A ZILLAT Judge is not required to take charge of the and that whether a trusteo or cxecutor be on the spot or nint If the will be found subsequently to his taking charge, the Judge is to keep the property under his custody, until produto is duly taken out. Cons. No. 1396. ing such letters of administration, or, in the event of bcing discovered, to the person who may obtain pro will, Act III 1833, Sec. 31. Pro- ·83 Question. 3rd If in the case last mentioned, the Judge Le considered bound to take charge of the property, may he not use some discretion, such as feeling and delicacy would naturally suggest, in delaying for a few days the necessary advertisement, thereby to give the friends of the deceased on the spot an oppor-- tunity of informing those at a distance of their loss, before the formal announcement is made publicly to the world? To the Commissioner of Circuit for the 5th Division dateil 16th October 1837. I am directed by the court to communicate to you their opiníon as follows, on the several points of Sec. 16, Reg. III, 1803, and Sec. 6. Reg. XV. 1806, mentioned in your letter of the 2nd of that month. 2. In reply to your first question, I am directed to inform you that the interference of the Civil Court with respect to the estates of deceased British Subjects, is not restricted by the sections of the Regulations above quoted to thic cascs of persons dying intestate, but on the contrary Sec. G Reg. XV. 1806 expressly requires that on the demise of a E. B. S within the limits of the jurisdiction of a zillah or city court, the Judge shall tako charge of the effects of the deceased, and ou a will being discovered shall deliver them over to the person who may obtain probate thereof. 3. In answer to your second question, I am directed to observe that in cither of the cases which you have supposed, where the will of tlic deceascd is pot fortlıcoming, or where nonc may be in cxistence, notwithstanding that there may be a claimant, ncar relation, or respectable friend on the spot, willing to tahccharge of, and to be responsible for, the properts, the Regulation beforo cited renders it obligatory on the Civil Court to interfere, as in the casc described in the preceding paragraply, and to retain charge of the estate until the Registrar of the Supreme Court of Judicatare, to wliom thic circunstance is immediately to le

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·90 Afagistrale and Police not to interfere with personal property of Europeans and East Indians in the scrvice of the Railway Company or of Contractors, (lying intestate. COMPLAINTS having been made by the employés of the Rail. way Companies, of the interference of the Magisterial and Police Authorities with the personal property of European or East Indian employés in the Railway Company or Contractors' scryice, dying intestate, the Court are pleased to call tlie attention of Zillale Judge to the provisions of Section 51, Act VIII of 1855, under which it is the duty of the Zillab Judge to report the death of a British subject dying intestate, to thc Administrator Gencral, retaining the property uncer his charge until letters of administration shall have been obtained by the Administrator General or some other person. The Court at the same time bee no objection to any temporary arrangements for the custody of the deceased's cffects being made on the spot by the friends of the deccascu, subject to the approval of the officer occupying the position or exercising the function of Zillah. Judge, to whom it is the duty of such friends to report the death of the deceased, and thereafter to act under the orders of suichi Officer, 3. It is evident that under the law alore quoted it is no part of the duty of the Magistrate or the Police to interfero with, or tako charge of property of the above description. Magistrates and Police officers should thicrcfurc avoid all interference with such property. S. D. 4. July 8, 1894. 6.0. No. 11.

·Court an opinion on the construction of Sec. 16 Rcg. III, 1803, 87 E B. S. is eligible to hold the office of Deputy Collector under Reg IX. 1833, and also of Deputy Slagistrate. Ac X1. 1813. Scc. C. Persons holding these offices are not liablo to to disiniusred for misconduct without the sanction of the Local Government. Ibid Sec :5. Insane European British Subjects. Insane E. B. S. if found wandering about in a dangerous state, and having no relations or friends willing to take change of them, arc liable to be sent to the Insane Asylumn at the Pro. sidency; and the Magistrate is authorized to attach and ecll lig auction, any property belonging to the lunatic, with a view to this proceeds being applied to the payment of necessary charges of Ternoral, maintenance, clothing, medicine &c. S. N. 4. Azoril 3011 1811. No.577. ESTATES OF DECEASED EUROPEAN BRITISII SUBJECTS UNDET. VAT CIT.CUMSTANCES TIE JUDGE MAY TAKE CIIATGE OF TIIE PROPERTY OF A DECCASCD PERSON, Lixtract of a letter from the Commissioner of the 5th Div. to the Offg. Register S. D. A. IP. P. dated 2nd October 1835. I have thic honor to request that yon will obtain from this and Sec. 6, Reg. XV. 1800. Question. 1st. Is the interference of the Civil Julge, lig Sec. 16. Reg: III. 1803, and Sec :6 Reg: XV 1806, vlrictly ii. mited to cases of persons dying intestate or not? Question. 2nd. Though the will of the deccascii lo ng .. . 11.1.0.1 T.. 1

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·8S Question. 3rd If in the case last mentioned, the Judge be considered bound to take charge of the property, may he not use some discretion, such as feeling and delicacy would naturally sug. gest, in delaying for a few days the necessary advertisement, thereby to give the friends of the deceased on the spot an opportunity of informing those at a clistance of their loss, before the formal announcement is made publicly to the world ? To the Coninissioner of Circuit for the 5th Division datcıl 16th October 1835. I am directed by the court to communicate to you their opi. níon as follows, on the several points of Sec. 16, Reg. III, 1803, and Sec G. Reg. XV. 1806, mentioned in your letter of the 2nd of that month, 2. In reply to your first question, I am directed to inforın you that the interference of the Civil Court with respect to the estatcs of deceased British Subjects, is not restricted by the scc tions of the Regulations above quoted to the cases of persons dying intestatc, but on the contrary Scc. G Reg. XV. 1800 ex. pressly requires that on the demise of a L. B. S within the linity of the jurisdiction of n zillah or city court, the Judge shall take charge of the effects of the deceased, and on a will being dis. covered shall deliver them orer to the person who may obtain probate thereof. 3. In answer to your sccond question, I am directed to observa that in cither of the cascs which you have sup Where tlic will of the deceased is not fortliconing, or where pono may be in existence, notwithstanding that there may be n claimant, ncar relation, or respectablo friend on the spot, willing to the charge of, and to be responsible for, the property, tho Regulation beforo cited readers it obligatory on tlic Civil Court to interfere, na in the anse described in the preceiling paragraph, and to retain charge of the catate until thic Registrar of the Supreme Court of Julimtarc, to whom the circunstance is immediately to le

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·90 Magistrale and Police not to interfere with personal proprrty of Europeans and East Indians in the service of the Railway Company or of Contractors, dying intestate. COMPLAINTS having been made by the employés of the Railway Companics, of the interference of tło dlagisterial and Police Authorities with the personal property of European or East Indian employés in the Railway Company or Contractors' service, dying intestate, the Court are pleased to call the attention of Zillalı Judge to the provisions of Section 54, Act VIII of 1855, under which it is the duty of the Zillah Judge to report the death of a British subject dying intestate, to the Administrator Gencral, retaining the property under his charge until letters of administration shall havo been obtained by thio Administrator General or some other person. The Court at tbo same time bcc no objection to any temporary arrangements for the custody of the deceased's cffects being made on the spot by the friends of the deceased, subject to the approval of the officer occupying the position or cxcrcising the function of Zillah Judge, to s hom it is the duty of such friends to report the death of the deceased, and thcrcafter to act under the orders of such Officer. 3. It is evident that under the law above quoted it is no part of the duty of the Magistrate or the Police to interfero with, or tako charge of property of tho nbore lescription. Mngistrates and Police ollicers should therefore avoid all interference with such property. S. D. 2. July 6, 1864. C. 0. No. 11.