Governor General of India in Council

COLLECTION

THE ACTS

PASSED &T THE

GOVERNOR GENERAL OF INDIA IN COUNCIL

IN THE YEAR 1864.

CALCUTTA: O. T. CUTTER, MI1;ITARY ORPEAN PRESS. 6, LtaslrsaaLL ersssr. 1866.

AC~SPASSED BY THE GOVERNOR-GENERAL OF INDIA IN COUNCIL! IN THE YEAR 1'864. -- ACTNO. I. An Act to bring thc Jagheers of Poorwah and Khuddee, in the Dis- trict of Banda, under the operationbof the Generad Regulations. - 11. to provide fo< the administration of Civil and Criminal Justice at Aden. - Ill.$@ to give the Goverument certain powem with respect to - Foibeigners. - TV. tu give validity to certain proceedings of the Court of Small Ca!~ses of :Burrachee. .. : -. . A .. - V. % .P to gi~8,;vhlidit~to. th6 cxbfision of %lie Code of Civil PS~C&U;~ 18GZ. .."# to the Province of Scinde from the first day of Janurtry *; 1:: - VI. to authorize the punishment of whipping in certain cases. r i- - VII. for regulating the importation and manufacture of alimentary Salt in the Territories administered by the Chief Commis- ! , sioner of the Central Provinces.

VIIT. to enable the rc Comptoir D'Escompte of Paris" to sue and be su~din the name of the ~hicfManager of the Indian Agen- cies of the said Company. JX. to repeal Act VIII of 1861 (for the levy of Port-dues in the PorC of Amlierst), X. to extend Act XXI of 1856 (to consulidate and amend the Law relating to the Abkaree Revenue in the Presidency of Fort William in Bengal). ? - XI. tompeal the Laws rclatihg to the Offices of Hindoo and Maho- medan Lam Officers, and to the Offices of Cazee-001-Cozaat and of Cazee ; and to zbolish the former Offices. I s0- - XII. to give further effect to the provisions of Act IV of 1863 (to give k effeot to certain provisions of a Treaty between His Excellency the Earl of Elgin and Kincardine, Viceroy and Covt?rnor-General of India, and His Majesty the ILucknow. - XIX. to remove certaintracts of Country in the District of Mirza~ore from the jurisdiction of the local Courts. - XX. for making better provision for the care of the persons and property of Minors in the Presidency of Bombay. 8 - XXI, fir the extensiun of the juridiotion of the. Magistrates of Police in Calcutta. - XXn. to make pmvision for the administration of Military Cantonments. - XXIII. to ameild the law relating to the Customs Dutim on goods imported h by Sea. t - XXlV. relal,ir,Bta the ndministra,t,i~nof certain Districts under the Govern- m,,t of the Lieutenant-Governor of the North-Western Yrovinces.

- XXV. a to provide furlller for the solemnizRtion of Marriages in India of persons professing the Christian Religion. to extend the jurisdiction of the Courts of Small Causes at Calcutta s , XXV1.L- Madras, and Bombay, and to provide for the appointment of an increased number of Judges of those Courts. - XXVII. to substitute certain declarations for the oaths of qualification taken by Justices of the Peace. - XXVIII. to for the extension of Act XXI of 1856 (to consolidate and amend the law relating to the Abkaree Revenue in tha Presidency of Fort William in Bengal) to the provinces under the controlof the Lieutenant-Governor of the Punjalj. ACT EB'o. I OF 1864.

(Re2cil;cd tlze asserut of the Govel~nov-Ge~cval on the 12th Febmm~y1864.)

Am Act to bring tlze Jaylzee7-s qf Poorwu?t amd Khucldee, in, the Dist70ict of Bmclu, wzder tie opw-nfion qf the General Regulations.

llr~r.:~ansthe Jagheers of Poorwah find Iihudctee in the District of Banda are not subject to the General Regulations and it is exped.. Prca111l)le. ient that the sslid Jagheers should be administered on the sutne systern as prevails in the rest of the District ; It is enltcted as fol lo\vs :- i I. 'l'he Laws and Regulations established for the internal administration of $ aud negulatiolls for hl. the District of Banda shall have full force and effect in telnal adluiuistratioll of Baude to have full force in Poormah the Jagheers of Poorwah and Rhuddee, and the admin- and Iihuddee. istration of Civil and Crirrlinal Justice, and the super- ;4

ilitenclence of the. settlement and realization of the palal,lic revenue, arid of all .$Iw. , y4 $9 inattcrs relating to rent in tlie said Jagheers, are hereby vested in the Officers 4. who are or rnay hereafter be appainted by the Lieuteriant-Governor 'of the 53q* ', " Q North-Western Provinces for the said District of Bands. <& : ... $?a ..,,.>L# 11. All suits and proceedings, whether in appeal or otherwise, arising ill 'v the said Jagheers, and which, at the time of this Act A. Sari118 as to suits pending at I tile of this Act. coming into operation shall be pending in any' Court, or before ariy Officer, shall be heard and determined in the same manner as if this Act had not been passed.

111. Any suit which, before the coming into operation of this Act, shall have been deter~ninedand wl~ichshall have been pr shall Snit5 l.emanded by any Ap- ~MII~LL~! court. be rellia~l;led by any Appellate Court, shall be tried before the Court which for the time being would be 9 , co~ul)et~ntto try snch n suit if instituted after the passing of this Act. TT7. All ACT NO. I 1864:.

IV. All applications for execution of decrees or orders, which but for the passing of this :Act would 11:tve been made to any. Court Execution of decrees. or Officer existing at tlie time of the passing of this Ilct, shall be made to the Court or Officer ~~110would have had jurisdiction in respect of the niatt.er in dispute, had the suit or proceeilii~g beel? instituted after t,he coming int,o'operat,ion of this Act.'

V. All appeals from decrees or orders passed before the coming into oper;x- tion of this Act shall be received, heard, and determined Appeals from decrees or orders passed passing of Act. by the Court or Officer \vhu would have had jurisdiction over such appeals, had the decre~sor orders to which they relate been passed after the coming into operation of this Act.

VI. This Act shall take effect fro111 such date as the Lieutenant-Gover~~or of the North-Western Provinces shall fix bj7 an order ~ornmendemerltof ~ct. to be published in the Official Cxi~zette. ('neceiued the assent fl the Governor-Ge~~eralole the 12th 2~'ebrual.y 1864.)

t An Act to provide fo~t?z,e ad?mi~aist~ntionof Civil and or*iqr~i.nal Justice at Aden.

WEEREASthe ahinistraticn of @ivil and Criminal Justice at Aden is now entrusted to the Resident and in subordina,tion to Preamble. him to the Assistant Resident ; and whereas Her Majesty bas by Her Letters ~atknt,dated-the trvent,y-second June 1860, appointed the Resident at Aden to be Judge of Her M%jest.y's Vice Admiralty Court at Aden for the purposes of and according to the plmovisionsof the Statute 12 and 13Vic, c. 84; and whereas the Criminal law to be administered at Adell is provided for by the Indian Penal Code, but the law to be administered at Aden in Civil matters and the precise nature of the Criminal and Civil jurisdictioil of the Residelit, alld the proyer course of procedure in his Court, have never been defined, and it is expedient that they should be provided for ; and whereas at present judgments and proceedings of tlic Resident at Aden are not subject to thc supcrinteudence or revision of any Court of Justice, cxcept so far as they are subject to appeal to Ber Majesty in Council, and it is expedient to provide for the superintendellce or ~evisionof certain of such judgillents and proceedings by the High Court at 13ombay : It is enacted as follows :-- I. The following words and expressiolis in this Act shall have the meanings hereby assigned to then? unless thcrc be Interprst~aLiOn. something in thc subjcct or context rept~gnsnttherc- to, that is to say :- The word " Eesident" denotes the Chief Civil Officer at Aden appointed by tlie Government by whatever designation such Resident." Officer may be called, and includes any Acting Resi- dent or Officcr acting temporarily as such Chief Civil Officer. The words 6 ACT No. I1 OF 1864. The words "Assistant Resident" denote any Officer appointed by the

"Assistant Resident." Government to assist the Resident at Aden by what ever designation such Bificer may be called, and includes ail Acting Assistant. The words " Court of the Itesident" include the Court of any Assistant

" Court of the Resident." Resident. T'Jorcls importing the singular number include the plural number, and words iiiiportiiig the plural number include the Number. singular number.

% Words importing the masculine gender include Gender. females.

CIVIL JURISDICTION. 11. The administration of 'Civil Justice at Aden Administrstion of Civil Jus- tice vested in the Court of the ' is hereby declared t~ be vested in the Court of tho Resident. Resident. 111. Tlze Resiclent, may hear and determine, in the first instance, all cases instituted in the Court of the Resident of what. Resident may try, in the first instance, ail cases instituted in ever nature and whatever may be the aniount or vdue the Court of the ltesident. of the property in dispute. IV. The Assist.ant Resideiits shall have power t.0 hear and determine, in Assistant Residellts may try the first in~talice,all cases instituted in the Court of onses allot,t,ed to them. tlie Itcsident of whatever nat~lreand whatever may be the amouilt or value of the p~opcrtj.ia dispute. The Resident may from time to time direct in what nianner the cases instituted in his Court shall be dis- tributed a~voilgstthe Assistalit Kesidents. V. When any suit which relates to immoveable property, or in which the clsi-a, estiiila.tecl accordiilg to any L%w for the Apped in what cases to lie frolll Assistant H.jident to Re- valuatioil of claiiils for 'the time being in force, shall sident. exceed five hum-tdred Itupees ill value, is tried in the first instance by a.n Assistant Resident, an appeal shall lie from his decision t.o the -&esidont. Au apped s!12Ll also !:e to the Resiclent from a,ll orders passed by an Assista~itEesident iiz the execution of a decree or otlier order from which, had the order been passed by s Court suborclinate to the Court of a Distric.t Judge in the Presidency of Bombay, an appeal mould have bee11 allowed to the District Judge, as ell as from all orde;.s passed l~yan Assistaizt ltesident in cases other than suits as defined in the Code of Civil Procedure. 771. FOP ACT Ko. I1 or 1SCi4.

CIVIL P1LOCEI)UHZ. ST-I. Except as otherwise providecl in this Act, tlie proceedings in

Code of Civil Procedure ap- suits and cases of cvcry clescril~tionl~et~~-een party and p~iea~)le. party brought in the Court of the Resiclent sliall be regulntecl by the Code of Civil Procedure, and by any other Act or Xcts ill relatioil to civil Procednre i11 force for the time being.

CRIMINAL JURISDICTION. SVII. 'Vhc adnzinistratioii of Criminal Justice at Aden is 11ereby Admi~listrat,ion of Crimiud dcclared he vested i11 the Court of the l<;esi.dent, Justice vested in Court: of the Resident;, subject to proviso. SaT('r.&S is herein otherwise provj.~lecl. XVIII. The Go~:ernorof Bomba~~in Council may invest ally Assistant Xesident with the pom7ers of a Ma.gistrate, or of a subor- C:overlior of Uombay max girt, Assiat:~,~tRcsidents certain dina.te Magistrate of the first or second class as cle- ],owern. scribecl in the Code of Criininal Yrocedure, a,nd such Assistailt Resiclent shall excrcis~.such pourers uncler tbe said Cocle, hut sul3jeci; to the provisions of this Act. * YIX. In every case tried by anAssistant ltesiclent in which the punisll-

dypl)cal fl,om Assistant ment awardecl shall be imprisonment for i period exceed- dent to Resident, in what. cases. ing six rnoliths mith or. without fine, or shall be oilly a fine exceeding five lluizdred Rupees, a,n appeaJ shall lie froin the sentelice of the Assistant Ptesicleiit to the Resident. No sppeal shall'lie from the sentence of an Assistant Resiclent in any case in which the punishment a~vardecl sh.all be impi~isonmentfor s period not exceeding six months with or ~vithoutfine, or shall be only a, fine n.ot exceeding five l~undredItupees ; but the Eesident ma.y i11 all cases, within the period allowed for appea.1 in appealable cases, cad1 for any proc.eedings ~vllsteverof the Assistaiit Resident at any sta.se thereof, a,nd may pms sucli order thereon as lie inay think fit. XX. The Resiclolit sliall except as in this Act is otherwise pro\-iclec! excr- cise all the pomrers of a Court of Session as defiizecl in klesideut to cwrcise polver~ of Court of Session, alld of the Code of Criminal Procedu~e,ancl lie may also, ~.c-hen R Magistrate. it shall seen1 to hiin proper so to do, exercise the powers of a &lagistrate as' defined in tlie said Code, except in cases triahle before Iiimself as a Court of Session. XXI. 'd'he Resiclent in the exercise of his l>owers as s Court of Session

of Sebsioll, to hall hold gaol deliveries at convenieilt periods, of ~vhich gaol (lctiveries. cluc notice shall be given, for the trial of all persons cllarged 1~7it,hoffences yu11isha.l)le wider tlie Indian Yenal Code, or under any other la137 ACT KO. I1 OF 1.864. other law in force for the time being, wlio may be committed to take tlleir trial before 'him as a Court of Session. Provided that the Resident shall not, have power to try ally European British subject charged European British subjects charged with offences punish- with an offence punishable with death under the said able 6thdeath, to be committed for trial to High Co~irtat Code. The commitment of any European British sub- Uo~l~bay. ject charged with any such offence shall be nlade to the High Court at Bombay. I11 all other cases the comniitments made within the limits of the jurisdiction of tlie Court of the Resident for offences punishable under the Indian Penal Code, sliall be made to the Court of the Resident. XXII. If any European British su11jecC shall be charged in Ad& with CommitlnenB and trial of any 0ffence (otller than an offencepunishable with death sul!jects, when charged with other than those under the Indian Penal Cocle) which a Justice of the able with death. Peace shall not be competent to punish, aiid there shdl be sufficient grounds for committing him for trial, such European British sul~jectshall be committed to the Court of tlie Resident, and shall be tried by

' the Resident.

CRIMINAL PROCEDURE. , . XXIII. Save as in this Act otherwise provided, tlie proceedings in all Criminal cases of any description brought in any Court Proceedings in Criminal cases how to be regulated. in Aden shall be regulated by the Code of Criminal Procedure. XXIV. Criminal trials before the Resident as a Court of Session, in which a European (whether a British subject or not) Trial of European or Ameri- can by the Resident to be by or an American is the accused person- or one of the juv. accused persons, shall be by jury, and in such case the jury, if such European or American shall desire it, shall consist of at least one half Europeans or Americans, if such a jury can be procured. XXV. The Resident shall from time to time prepare and make out in alphabetical order, a list of persons residing at Aden List of Jttrors. who are in the judgment of the Resident qualified from tlieir education and character to serve as Jurors. The list shall contain the names, places of abode, and quality or business of every such person, and sliall mention the race to mllicli be belongs. 1 Copies of such list shall be stncls. up in the Court of the Resi- dent, and every such copy shall have subjoined to it a Publication of List. notice stating that objections to the list will be heaTd alld cletermined by the Resident at a time and place mei~tionedin the notice. XXVII. All ACT No. XI OF 1864. XXVII. All the provisions of the Criminal Procedure Code as to Jurors

Fro\,isions of Crimillal Pro- and the list of Jurors shall be applied, so far as the ceclule Code to to Jurors. same can be applied respectively, to Jurors and the list of Jurors under this Act : provided that no person shall be exempt from the Persons in &IilitaryService not lia,bility to serve as a Juror on the ground only of his enemptedfrom serving as Jurors. being in the Military Service : provided also that the Jurors shall be summoned by the Resident. XXVIII. If on any trial, sentclice of cleat11 shall be passed ky the Resi-

Execution or commatation of clent, such sentence shall not be ca~riedi'nto execution sentence of death. until it shall have been confirmed by the High Court at Bombay. It shall be lawful for the Rig11 Court at Bombay, in any case in which it shall seem proper so to do, to commute a sentence of death to s sentence of transportation for life, or for any shorter period not less than seven years. XXIX. No appeal shall lie fyom an order or sentence passed by the Resident in any Criminal case. But it shall be at the No appeal from orcler of Resi- dent, but he may reserve points discretion of the Xesident to reserve any point or points for High Court. of law fur Llle opinion of the said nigh Court. XXX. On such point. or points of lss'hcing so reserved as in the Last

Review of case by High preceding Section mentioned, or on its being certified Court. by the Advocat,e-General at Bombay t'hat iu his judgment there is an error in the decision of a point or points of law decided by the Resident, or that a point of law decided by the said Resident should be further considered, the said Eigh Court sliall have f~~llpower and authority to review t.he case or such part of it as may be necessary, and finally determine such point of law, and thereupon to pa,ss such judgment and sentence as to the said High Court shall seem right.

XXSI, 'I'he Hi311 Court at Bombay slldl have power to make and issue

IIiRhcourt to fPdmr rtlles for g(?ner81r~103 f01' reg~llatillgLhe practice and proceed- Itosident's Court. ings of tl~eCourt of the Resiclent, and also to frame forms for every proceeding in the said Court for which the aid 1Iigh Court shall think it necessary that a form should be provided, for keeping all books, entries, and accounts to be, kept by the Officers, and for the preparation and submission of any statements to be prepared and submitted by the Court of the Resident, and from time to time to alter any such rule or form : provided that such rules and forms shall not be inconsistent with the provisions of this Act, or of any other law in force.

ACT No. 111 OF 1864,

(Received the assent of the Governor-General on the 12th Pebrzcary 1864.) s

An Act to give the Gouerlzme?zt ce?-tninpowers with respect to Po~eigners. WHEREASit is expedient to make provision to enable the Government to prevent the subjects of Foreign States from residing or 1 Presmble. sojourning in British India, or from passing through or tr~vellingtherein, without the consent of the Gopernment; It is enacted as follows :- I. The following words and expressions in this Act shall have the meanings hereby assigned to them, unless thcre be something in Interpretation. the subject or context repugnant to such construction, that is to say :- i. The words " British India," shall'denote the Territories whlch are or may become vested in Her Majesty by the Statute 21 and 22 k 'I British India.'' Victoria, Chap. 106, ent,itled " An Act for the bctter Government of India" : The words "Local Government," shall denote the persons authorized administer the Executive Government in any part of "Local Goveimnent." British India, or the Chief Executive Officer of any part of British India under the immediate administration of the Govenlor-General of I India in Council, when such Chief Executive Officer shall, by an order of the I ! Governor-General of India in Council pnblished in the Gazette of India, be i authorized to exercise the powers vested by this Act. in a local Government :

The word " Foreigner" shall denote a person, not being either a natural-born subject of Her Majesty within the meaning of the Statute " Foreigner." 3 and 4 William IV, Chap. LXXXV, section 81, or a . Native of British India : The words " the Nagistrate of tile District," shall denote the Chief officer charged with the Executive administration of a District " Magistrate of the District!' and exercising the powers of a Magistrate, by whatever designation ACT No. I11 OF 1864.

designation the Chief Officer charged with the Executive administration is styled, or, in the absence of such Offiwr from the Station at which his Court is usually , held, the Senior Oificer at the Station exercising the powers of a Magistrate as defined in the Code of Criminal Procedure :

The word Vessel" shall include any thing made for the conveyance by water

" Vessel." of human beings or property : I lvords ilnporting the singular number shall include the plural number, and words importing the lilural number shall include the sin- Number. i gular number : Words irn p~rtingthe tllascul ine gender shall include Gender. females. I 11. If a question shall arise whether any persou alleged to be a Foreigner and to be subject to the provisions of this Act is n Foreigner Proof of being a .Foreigner. or not,, or is or is not subject to the provisions of this Act, the onus of proving that such person is not a Foreigner, or is not subject to the provisions of this Act, shall lie upon such person. , -', 111. The Governor-General of India in Council may, by writing, order

Goverllment may order ally any Foreigner to relllove himself from British India, or Foreigner to remove himself. to remove himself therefrom by a particular route to be specified in the order ; and any local Government may, by writing, make the like __ _..._% - order with reference to any Foreigner within the jurisdiction of such Government. .. - - < IV. If any Foreigner ordered to remove himself from British India, or

Foreigner refusing to remove, ordered to remove himself t.herefrom by a particular route, or retuiliing without license shall neglect or refuse so to do ; or if any Foreigner, hav- after removal, mav be avvre-A A hended and ddetaine"d. ing removed himself from British India in consequeilce of an order issued under any of the provisions of this Act, or having been removed from British Iudia under any of the said provisions, shall wilfully return theret.0 without a license in writing granted by the Governor-General of India in Coun- cil or by the local Government under whoso order he shall have removed himself or be6<~emoved1-such Foreigner may be apprehended and detained in safe custody, ~~ntilhe shall be discharged therefrom by order of the Governor-General of India in Council, or of the local Government within whose jurisdiction he shall be so apprehended or detained, upon such terms ancl conditions as the said Governor-General of India in Council or local Government shall deem sufficient for the peace and security of British India, and of the Allies of Her Majesty, and of the neighbouring l'rinccs and States. V. Whenever :< :< 3 1I '4 ACT No. I11 OF 1864. 4

V. Whenever the Governor-General of India in Council shall consider it p\

Governor-General order necessary to take further precalitions in respect of Foreign- f~:~;~~~~.!$s~h;"ll~:",ers residing or travelling in British India or ally part iu any part thezeof. thereof, it shall be lawful for the Governor-General of India in Council, by a Notification published in the Gazette of India, to order that the provisioils of this and the subsequent Sections of this Act shall be in force in British India, or in such part thereof as shall be specified in . such Notification, for such period as shall be therein declared ; and thereupon, and for such period, the rvhole of this Act including this and the snbsequcnt Sections shall have full force and effect ill British India or such part thereof as shall have been so specified. The Governor-General of India in Council may from time to time, by a Notification published as aforesaid, cancel or alter any former Notification n~hich may still be in force, or may extend the period declared therein. P+ovided that none of the provisions of this or the subsequent Sections Proviso. of this Act shall exteud to any Foreign Minister duly

a accredited by his Governmerlt ; to any Consul or Vice-Consul; to any person under the age of fourteen years ; or to any person in the service of Her Majesty. P 1 VI. Every Foreigner on arriving in any part of British India in which all Esery Foreigner to repol* his .the provisions of this Act are for the time being in force arrival in Inciia in certain cases. under an order issued as provided in the last preceding Section, from any port or place not within British India, or froin any port or place within British Tndia where all the provisious of this Act are iloL in force, shall, if he arrive at a Presidency Town fortliwit,h report himself to the Co~nrnissioner of Police of such Town, or, if he arrive at any other place then he shall forthwith report himself to the Magistrate of the District, or .to such other Officer as shall be appointed to receive such reports, by the Governor-General of India in Council or by the lo& Govcrnn~eiltof such place.

I. The report shall be in writing, and shall be signed by the person , What to be stated ill'tlle re- reporting himself, and shall specify his name or names, the port. Nation to ?hich he belongs, the place from which he shall have come, the place or places of his destination, the object of his pursuit, and the date of his arrival in such Presidency Town or other place. The report shall be recorded by thc Officer to whorn it is rnndc. 3 I VIII. The provisions of the last two preceding Sections shall not extend to 5 Foxeignerb, beillg Masters of any person being the Master or Commander of a vessel or vessels or employed therein, to report themselves when they employed therein, but if any such person shall be in any cease to be SO employed. part of British India in which all the provisions of this Act Act are for the tirne being in force, after he shall have ceased to be actually employed in a vessel, he shall forthwith report himself in manner aforesaid.

IX. If any Foreigner shall neglect to report himself as required by this

Foreigners neglecting to re- Act, he may be dealt with in the manner hereinafter pro- port lnay be with in like manner as Foreign- vided in respect of Foreigners travelling without a ers t*ra~~ellingwithout n license. license, X. No Foreigner shall travel in or pass through any part of British Foreigller to travel in I~diain which all the provisions of this Act are for the India without a license. time being in force without a license. XI. Licens'es under this Act rnay be granted by the Governor-General of India in Council or by any of the local Governments, License by who111 to bk granted. under the signature of a Secretary to the Government of India or to such local Government as the case may be, or by such other Officers as shall be specially authorized to grant licehses by the Governor-General of India irl Cuuocil, or by any of the local Governments. 4 XII: Every such license shall state the name of the person to whom the license is granted, the Nation -to which he belongs, the Whst to be stated in license. District or .Districts through which he is authorized to pass or the limits within which he is authorized to travel, and the period (if any) during which the license is illtended to have effect.

XIII. The license may be granted subject to such conditions as the Govern- or-General of India in Council or the local Govern- License may be granted sub- . ject to conciitions, and may he nlent may direct,, or as the Officer granting the license revoked. n~ay cleein necessary. Any license may be revoked at any time by the Governor-General of India in Council, or by the local Govern- ment of any part of British India i11 which all the provisions of this Act are . for the time being in force and in whic1l-r the Foreigner holding the sarne may be, or by the Officer who granted the license.

XIV. If any Foreigner travel in or attempt to pass through any part- of British India without such license as aforesaid, or beyond Foreigner travelling -without or contray to the conciitions the Districts or, limits mentioned therein, or after such of license, may he apprehended. license shall have been revoked, or shall violate any of the conditions therein specified, he may be apprehended without warrant by any Oficer exercising any of the powers of a Magistrate, or by any European Commissioned Oacer in the service of tier Blajesty, or by any member of a Volunteer J'olunteer Corps enrolled by authority of Government whilst on duty, or by any Police Officer.

XV. If E~IIJ-person be apprehended by a person not exercising any of the

Procedure upon apprehension. powers of a Magistrate and not being a Police Officer, he shall be delivered over as soon as possible to a Police- Officer, ar~dforthwith carried before the Magistrate of' the Digtrict. Whenever Bragistrate to report to G~~-any person shall be apprehended by or taken before the- ernnel~t. Magistrate of the Dist,rict, suclr Magistrate sliall inlmedi- ateIy report the case to the local Governme-nt to which he ie subordinate, and shall came tlie person brought before hlln to be discharged: or to be coilveyed to one of the Presidency Towns, or pending the orders of such Government to be dekined.

SVI. Ally person apprehended or detained under the provisions of this I'ersons apprehended mag Act, nlay be adulitted to bail by the Magistrate of the admitted to bail. District, or by ally Officer authorized to grant licenses, and shall be put to as little inconvenience as possible during his detention in custody. XVII. The local Governllle~ltof any part. of Eritish India in which all the Helnovel of persolls appre- provisions of this Act are for the time being in force, may I~ended. order any perso11 apprehended or detailled under the provisions of this Act to renlove himself fi.on1 any such part of British Inclia, by sea or by such ottier route as the said local Government, ]nay direct; or the said local Government inay cause him to be rcrnoved from such part of' British lndia by such route aud in such ulal~ileras to such local Govern~neiltshall seein fit. Tile Governor-General of India in Coullcil rnay exercise a11 the powers given by this Section to any local Governrilent.

XVIIT. The Governor-General of Inclia in Council niay by order prohibit any person or any class of pcrsons not being natural- Govenlor-General may yro- hihit persons not being natural- born subjects of her Majesty within the rne;ming of the born subjects from travelling or passing through any part of Statute 3 and 4 147illiam IV, cllap. LXXXT7? Section India without a license. 81, from travelling- in or passing tlirough ally part of British India iu which all t,he provisions of this Act rnay for tl~etime being be in force, and froln passing fro111 any part thereof to another without a license to he granted by such Officer or Officers as sllall be specified in the order: and if any person so prohibited shall wiifully disobe:y such order, he may he apprehei~ded without warrant by any of tlle Officers specified. in Section XIV of this Acr, arld carrincl before tlie Magistrate of the District, allcl dealt with under the provisions of Section XVII in tslle same lnanner as if he were a Foreigner: and the Governor- General ACT No. TI1 OF 1864.

General of India in Cou~icilmay order sucl~person to be detained in safe custotiy or un&r the surveillance of the Police so long as it may hc deemed necessary for the al1d security of British India or any l)ai,t thereof.

XIX. The local Goveriin~eiitof any Presic1e:ncv or place in which all the provisiolls of this Act may for the tirne being be in force, Also the local Governments witliiil tlleir raq~ectivejmisdic- inny by order prohibit, any person or my class of pe.rsons tio~~n. not being natural-born- subjects of Her Majesty within the meaning of the statute 3 anj 4 Williarn IV, chap. LXXSV, Section 81, frooi travelling in or passing through such Presidericy or place or any part t.hereof, and from passing from any part thereof to another, ~vithonta liccnse to be granted by such Oficer 01% Oficers as shall be specified ill the orcler ; and if any persori so prohibited shall wilfully disobey such order, he nlay be apprehendecl without warrant by any of the Officeys specified in Section XIV of this Act,, and carried before the Magistrate of the District, and clealt wit11 under the provisions of Section XVII in the sarne manner as if lie were a Foreigner ; and the 1oca.l Govern- met~ttnay order such person to be detained in safe cust.ody or under the sut~veil- lance of the Police so long as it rnay be deerned necessary for the ~eaceand secn- rity of British India or any part tliereof.

SX. It shall be lawful for tl'le Commissioner of Police, or for the Magistrate of the District, or for any Okicer appointed to receive Certaii~Ofiers may board vessels to ascertain whether For- reports n~entionedill the sixth Section of this Act., or .eigners are on board. for any Police Oi-licer under the authority of such Com- rnissioller or Magistrate, to enter any vessel in any port or place ~vitllil?Britisll .$ j. Tndin in which all the provisions of' this Act inny fo~the time being be ill force, .~$ ,.j in order to ascertsiii whether ally Foreigner bound to report his a.rriva1 nnder the 2 : said Section VI of this Act is on board of such vessel ; and it sl~nll!,e 1:1,wfal for to 1 - such Commissioi~erof Yolice, Mngist,rate, or other Officer as ai'oresaid, :idopt 35 i , ,.. 1~. such llieans as 111rty be reasonably uecessary for that purpose ; ail6 the Master or t 5. Commai~derof such vessel sh:~ll 'lso, before any of the .2 Bfa$ter of vessel to furnish list of passengers, md to give passengers a-re allowed to clisernbwk, if lle shall be reqnir- :j infonllatioil respecting them. ed so to clo by sucll Co~~~rnissionerof lJolice: 3jI!lagistratci d ! or other Oficer as aforesaid, deliver to hiin s list in writing of the passengers 011 :$ board, specifying the ports or places at wllicll they embsrlretl, ;~ndthe port,s 01, I @ places of their disembarkatioll ol. iiitendeci tlisembarkation, and ar~swerto the 4 best of liis ki~owledge all such q~~est,ionstouching the passengers on board the said vessel, or touclzing those wl~omay hme disernbarlred in any part of i British as shall be put to him by the Commissioner of Police, Magistrate, India, ? ACT No. 111 OF 1864. or other Olficer as aforesaid. If any Foreigner otl board such vessel in any part, of 13ritish' 11idia shall refuse to give a11 accou~it oS his Foreigner 13efuhing to give ~co~lntof himself, ]lot to i-ie objects of pursuit in India, or if hi.. account thereof shall allowed to disembal k. not be satisfactory, the Officer ]nay refuse to allow him to disembarlr, or he may be dealt with in the same manner as n Foreigner lra~elling in British India without: a license.

XXI. If the >laster or Conlmaocler of a vessel shall wilfully give n false answer to any question which by Section of this Act Penalty for fnlsp ,lnqv.-er or XX report. he is bound to answer, or shall make ally fdse report, he shall be held to lirtve colninittecl the offence specified in Section 177 of the Itidiai~ Penal Code. XXII. If thc >laster or Comtllander of any vessel shall ~vilfully neglect, or refuse to cornply with tt~erequisitions of tliis Act, he Penalty for neglect by Master of vessel to comply \nth reqjlisi- shall, on conviction before the Magistrate of the Dist,rict tions of Act. or a Justice of the Peace, be liable to a fine ljot esceed- ing two thousaud Rupees. XXIII. Whoever intentionally obstructs army Officer in the exercise of any

Penalty for obstn~cting Offi- of the powers vested in him by this Act, shall bd held cerii. to have coinmitted the offepce specified in Section 186 of the Indian Penal Code.

XXIV. A11 fines imposed under this Act niay, according as they shall

Pinea imposed nnder this Act have been imposed for offences co~lim;ttedwithin or for how to be 1 ecovered. offerlces con.lmittecl beyond the limits of the Towns of Calcutta, Madras and Bornbay, be recovered by a Magistrate of Police 01. by the Magistrate of the District in the inanuer prescribed in Sectioii XXVI of Act XLVIII of 1860 (to an7end Act A311 of 1856 lor 1.eyuZuli~.the I'olice of' the Ib?c;ns of Culczdlta, Madras, ccnd Bomi~y,u~zd Ihe several Strctions of the XeIIle~jze?ztof P~inct?of Tules' Islund, S&nyupare,u?ld Mialcccca).

SXV. 'l'lle Governor-General of Iiiclia in Council, or the local Government

Persons ximy he exempted of any art of Eritisll India in which this Act mi1g7 for irOm prohions of thip Acts the titlie being be in force, niay exempt any l)elbson, or any class of persons, either wholly or partially, or temporarily or otherwise, , from all or any of the provisions of tliis Act contained iu anj7 of the Sections ~~bseqlientto Section V, and Iriay at any time revoke any sucli exemption. ,

ACT No. 1'V OF 1864.

Act to give 'liulid'ily to cel'luh~p?30ceeclilzgs oJ the Cow?*tof S~r~ullCCL~S~S oJ Xu7v*ac/~ee. ,' ' WBEEBASthe Court of Slzzall Causcs of Xurrachee was constituted by the Governor in Council of Bombay on the fifth day of July Prcnm1)le. 1861 without the previous sanction of the Governor- General 01 India an Council as required by Section 1 of Act XLII of 1860 (fog* llze estc~hlishnzent of Cozc~tsof S17zull Cazcses Beyond the local linbits of the Jariscliction oJ the Sqwenze C'ozwts of Jicclicat~7~eestablisl~ecl hy Royal Chaqqterl having beell given: and wlzcrens thc sanctiolz of i,l~eGovernor-' Generd of India iiz Couizcil to the collstitution pf the sa.id Court was granted 011 tlze twenty-eighth day of Novcmber 1863 : aizd whereas doulh are enter- * tained as to the validity of the orders and decisiolls passed and the proceed- ilzgs held by the said Court before the t~veiity-eighthday of Novem1)er 1863, and it is clesirable that such doubts shoulcl be ren~oved: It is eizacted as follows :- 1. The sanctioii given by t,he Governor-General of India in Couacil om the twenty-eight11 day of November 1863 to the consti- Sailctioi~given by Gouei*nor- ~enecalto collstitutioll of Slirau tutioa of the Court of Small Causes of SCurrachee, shall Caxtsn Court at ICurracliee to I~RV~eifect ss if given before have the same effect as if it, had been given before tlie 5th july 1861. fifth day of July 1861 : n13d no order or decision passed, and. no proceeding held by the said Court on or after the said fiftli day ok July i861, and before the

. .

.. .

PASSEDBY THE GOVEBNOR-GENERALOF INDIA IN COUNCIL.

(Received the assent qf the Gouerno~*-Generalon the 18th February 1864.)

.. - .. .

ACYLAct lo give aulidity to the exte?zsio?zof the Code of Civil Proceclq~eto the .Provirtce oJ ~Ycindep*om the j~stday of January 1862.

WHEREASthe Province of' Scinde is- a part of the territorics subordinate to the Governmeilt of Bombay, but not subject to the General Preamble. Regul.~~tionsof Bengal,. Madras, and Bombay : and whereas the Code of Civil Procedure, subject to certain restrictions, limitations, and provisos, was on and from the first day of Ja&ary 1862 extended by the Governor in Council of omb bay to the said Province, without the previous sanction of the Governor-General of India in Co~~ncilas required by Section XXXIX of Act XSIII of 1861 (b cimzc~zd Act ?'I11 of 1859) : and whereas the Governor-General of ,. . 'India in Council on the twenty-eighth clay of November 1863 gave his sanction to the extension of the Code of Civil Procedure, subjcct to the said restrictions, limitations, and provisos, to the said Province : and whereas doubts are entertained as to the validity of orders and decisions iassed and proceedings held by the Conrts .. . in E3cin.de under the said Code of Civil Procedure before the grant of tlze sa,nction of the Governor-General of India in Council as aforesaid: It is enacted as follows :- i I. The sailction given by the Governor-General of India in Council on tlle

Sanciiion given by Governor- twenty-eighth day of Nove~nber1863 to the extension of' General to the extensioll of the Code of Civil Procedure to the Province of Scinde, the Cocle of Civil Procednre to Sciude,to haveeffect asif. given shall have the same effect as if it had been given before before first January 186.2. the first day of January 1862 : and no order or decision alld no proceeding held by any Court in tlle said Province on or a,fter the said first clay of Jmuary IS62 and before the said twenty-eighth day of November IS(j3, sllall be dee~nedto be invalid merely by rcason of sllcll order or decision haX.ing beell passed or of such proceeding having been held under the said Code of Civil Procrdllre as extended to the said Province Ly 1;he Governor in Conncil , 3 Bonlbay a.s aforesaid without the sallction of the Governor-General of India 18";9 in Council. ~4 '9 :j 3

j' . .

PRICE6 PIES.

PASSEDBY T?XZ GOVERNOI~-GENEBALOF INBIB IX COUSCIL.

(Received the assent of the Gouanzo~.-General on the 18tlz Pebruary 1564.1

?VI-IERZASit is espedient that ill certain cases offenders should be liable, tulder the provifsioizs sf the Inclian Penal Code, to the I'leamble. pui~ishnientof whipping; It is enacted as follows :-

I. In addition to the puiiislzi-uents clescribed in Section 53 \of the Illdial1 Whipping added to the pull- Penal Code, offenders are also liable to whipping uildes ishments described in Section 53 of the Penal Code. th 3 provisioiis of the said Code.

' 11. Whoever commits :,-;ly of the follo~ving oflences may be punished n.ith 1vit.h whipping in lieu of any punisl~ine~~tto which \\,hipping in lieu of other pun- ishulent psese~ibed by Pent11 he may for such offence be liable under the Indian Penal Code. Code, that is to say :-

1. Theft, as clefilled in Section 378 of the said Cocie.

2. Tlleft in a builcling, tent, or vessel, as defined in Sectioil 380 of the said Code.

3. Theft by a clerk or servai?t, as defilzcd in Section 381 of the said Code. 3 4 4. Theft after. preparation for causing death or I~urt,as defined in Section 382 of the said Code.

5. Extortion by threat, as defined in Sectioii 388 of the said Code.

6. Putting n person in fea? of aecusatioil in order to commit extortiol~,as defined in Section 389 of the swicl Code.

7. llisho~~cstlyreceiving stolen ~~l.oper.ty,a? dcfir~cdi~r Section 411 of the snit1 Code. S. I~isllollcstly ACT' No. BI OF 1864.

8. Dishonestly rec:eiving property stolen in the commission of a Z)acoity,.. as defiiled ill Sectioll 412 of t.11~said Code.

9. Ll~rlrilig Iiouse-LI-espnss, 01- house-brealring, as ~lefii?~(lin Sections 4-43 a.iid 4.15 of the siiid Ccd~,i11 older to the conl~liittirlgof nuy oiyelence yu11is11nbIe -wit11 ;vhipping ulltler this Section.

10. Lurl;ing house-tr~~~~assisy night or house-brealiii~gby ~~igllt,as defined in Sections 444 a,n(l 446 of the said Code, in order lo tlie conlmitting of any offence punishable with ;rliipping urlcler this Section.

. 111. TVhoever, hiving been previously convictecl of ally oile of ~1ieoffences

011 seco,,d col,victio,l of sl)eciiied ill tlle ltisl; preceding Section, shall again be con-- Offe~lco>montio11ecI ji~ last Sec- Lioii, mliipping nlny I,?~arl~a to victed of t.he sarne offence, ma.y be purlisiiecl with whip- otlm ~~:iiisbme~~t. in lieu of or ill addition to any otSher p~misl~me~~t t.0 wllicll lie rrlay for such oEence be liable under the Iricliall Penal Code.

IV. Whoever, having been previously convicted of any one of the foll~\~.,

OReilces p~~nishable,iu case of irlg offences, shall be again convicted of the same offence, second colllrictiull, with wllill- ping in adclitiou to other 1~nnial1- may be with whipping ill additiol~to any otller ment. l~unishmentto which he may Le liable rrndcr the Indian Penal Cutle, thnt is to say :- .

1. Givillg or fabricating false evidence in sucl.1 mar~iieras :!) p12l]ishable under Section 193 of the India11 l'ennl Code.

2. Giviug or fabricating false evidence with irltcl~tto procnrc. coi!viction of a capital offence, as defined in Section 194 of tlie said Cot'le.

3. Giving or fabricating false evidc!?ce ~vltliilitc~lt to procure collvictioll of an offellce with transportation or irnprisonmc~nt,as ciefii~etlin Section 195 of the said Code. 4. Falsely charging ally person with having conill~ittcdail unnatural ofk1lcc, as defined in Sect.ioils 211 and 377 of the said Code.

5. A+ssa~iltiugor using crilni~ltllforce to ally woman wit11 ir!ic.l~r, t,;, c,otra.o.e.3 modrst,y, as defined in Section 384 of tlie said Coile.

. 6. I

8. llobbery or Dncoity, as defined in Sectio~is390 rind 391 of the said Code. 9. Attempting to commit Robbery, as defined in Section 393 of tlie said Code. 10. Volnntarily cniisirlg hurt in committing robbery, as defined i~rScctioii 394 of tlie said Code. 11. Elabitually receiving or dealing in stolen property, as defiued in Section 413 of the said Code. 12. Forgery, as defined in Section 463 of the said Code.

$433 13. Forgery of n docuulent, as defined in Section 466 of the said Code. TX -4% X*' 14. Forgcry of s document, as defined in Section 467 of the sai;;l Code.

15. Forgery for the purpose of cheating, as defined in Section 468 of the said Cocte.

16. Forgery for the plA.;uose-. of harming the reputation of any person, as I defined in Section 469 of the said Code. 17. Lurking house-trespass or house-breaking, as defined in Sections 443 anrl 445 of the sGd Code, in order to the cornn~ittingof any offence puiiisl,al,lc with x7liipping uuder this Bect,ion. t

I?. 13, Lurlring house-trespass by iiight or house-l~realiingby night, :l.s defined h2 rf ill Sections 444 and 446 of the said Code, in order to the cot~~riiitti~~g of ally B?$ L". L". oEcnce punishable wit11 ~vhipl~ingunder this Section. !#

TT. Ally jnvcnilc offender wlio corllmits any offcncc whicli is iiot, by tile Indian Penal Code puuisha\~le~~ith death, inn?, 1~7hetlier .Tnvenilo Offenders pilr~ishalde >\it11 \vlliy~)ingfor o5encos not for a first or any other ofFence, be punishecl xvir h wi-~ippi~~~ l)~~i~i~liai.lenith death. in lieu of any other puiiishnlent to which hc nlny for such offence he liable under tlle saicl Cocle.

TI. TVhenever any local Governlnent sliall by notificn.tion in the 0ficia.l

U',,ell o,fel,ccs a,,ecified Gazette have declared the provisions of lhis Section to Seetioil ITr may he ynniallod allippillg Frontier be in force in any Frontier District or nilp wil tl tract of tpicts a:id wild tractu. country within the jurisdiction of such local Governlnelit, ariy perso" wllo shall in such district or tract of country after such 1icltific.ation as aforesaid commit ally of tlie offences specified in Section IV of this Act,, may be 11~1uishedn~it~h whipping in lieu of any other puuishment to which he may be lin1:lc ul-lder the Indian Penal Cocle. VII. No VII. No fcrnsle sliail lie punished tuith wl~ippi~ig,nor shsll auy i?CrSOn mlio may be serttenced to rlcath, or to t.ransportation, OY to Exeii~ptionof females. penal servitude, or to iml~risonrncntfor more th:tn live years, be punisl~edwit11 whipping

VIII. No sentence of whipping shall be passed by any Officer inferior to a OSc,.r:, inferior to Sc!,or- Subordi~lateMagistrate of the first class, unl~~r:he sl;all dinate 3ls:;i~tr:~te of the 1st Class not to pass sentence of l~sve&en expressly empowered by the local Govertlment wliil)ping unless expressly em- powereci 1)~Goveniment. to pass sentences of !~hipping.

IX. TVhe11 the punisl~mentof whi~pinpis av~nrdedin additio!~to impriscl~~- irieilt., by a, Court wbose sentence is open to revision hy n \Yhipping if awa~dcdin 211- .ditiol~to imprisomnerit., 3vllen sul?erior Court, tlie wllipping shall not be i~iflictcct until to be inflicted. fift,cen tla.ys from tllc date of such sentence: or if alz appeal be made witliin t11:it time, uilttil the sentence is confirmed by tlle supel~ior C0u1.t~:but the whippiog sh~llbe inflicted ilnrl~ediately on the expiry of the fifteen days, or in case of appcal irr11lledi:ltely it11 the reccipt uf the orrlcr of the Court confirrning the seiltence if suc;ll order shall not bc received \vithin the fifteeli days.

X. In the case of an adult, the pu~isl~mcntof whipping shall 11e inflicted SLIC~ Xode of inflicting the punish- wit,li i~lstrumcntin such laode. and on such part of ment. the 1xrson as 1-he local Governn~ent..;!la11 direct, and in t,he c.n.se of a ju.i.c?:ilc: oflender, it shall be i~iflicteclin the \ira.y oi' school cliscipline nyith a light rattan. In no case, if' ilie cat of nine tails be the inst.rumcnt, cl~jployed,sl~all t.he puiiishlnent of ~~-11ipljing:-cscec?ct ollc hundred and fifty lashes, or if the rattall be c,~nployedsl:a11 the punisl~~l~entexceed tki~.t*patripcs. 'Ihe 13Llnishmentshall be inflicted in the presc,l?ce of LL Justice of the Pcirce, or of all Ofice, autllorizeO to exercise :lily of the powers of a %lt~gist~ratc,2nd also, unless the Court wllich the sentence ~1;:111 otherwise o~der,in t,hc presence of a Medical Officer,

XI. No sentence of ~vhil3ping sllall be c:lrried into esctrution unless a Xtedical Officer, if present, cel-tifiesj or u111ess it apl3c:u.s Punisliuent not to Ire. inflict. ifofender not ill fit $trite of tci the? Jus~icc!of tlic Pe:icc: or other Officer l?resent., t1in.t healtll. the ofti:nder is in a fit stnt.e of l.iealth to undcl~po t.lie yuni$lment ; and if during tlie execut.ion of a scotence of whipping, 3 :\idical Officer certifies, 01. it nppenrs to tlie Oflicer l>l.cscnt, that the offender is ~loi,in 3. fit stt~tcof liealt,h to uildergo ;be rr.rnaiuder of the pur~ish- Xor 11). instalments. ment, executioil sllall be stagred. Xo sent.eace of whipping &all bc execut,ed by instalments. XII. In ACT NO. VT OF 1864.

XII. 111 ally case io which, nilcler the la:& preceding Section of this Act, no pat of a seilte~lceof' whipping is ca~riedinto ., execu- . Procedol.e if p~ulisllillo~~tcall- not l,e infiictedmlr\er tl~clast tion, the offel~cle~shall be kept in custody ti].). the Court Section. \vhich passecl the seilteilce (;i-tn revise it, and the said Court may, at it,s clisci:et:ion, eiiller orcler ill0 fiscl~asgeof ;he oKender, 01: sei~tence hill1 in lieu of' whipling to i~llprisonmelltfor any period, - which. may be in addition to any othe~punishnlcnt to which he nlay have beell. selltcilcetl for the same oiYence ; pro-v-itled that t11c who1.e period 0-1' inlyl.is;onrnent shall not e,xceed that to which .the offender is lia,bie w~derthe provisions of .t;lle Inclian Penal Cocle, or that which the aid Court is compeke1l.t $0 award.

ACT No, VI'B OF 1864. i g

(Received the astsest of the Coue~7zor-Generalolz the 25 ili February 18G4 $

An Act for reyzclatiny the imnportation and manuJucture qf uhnenfary ryalt, in the lkrrilories admini$tered by the Chif Commissioner oJ llie Central Provinc~s.

b WITEREASit is expedient to provide for the levy of a Customs duty upon Sdt in the Territories administered by the Chief Commi~sioner Preamide. of the Central Provinces, and to extend to the said Terri- tories cei%;linprovisions of Act XIV of 1843 (for reyula!iny the -leu$ of Ckstoms % duties and the ma?w$acture of XuZt in the North- Festern P~ovincesof the Pvesidency of Benyul J, and of Act XXXVI of 1855 (to empower Qflcers of Custonzs and land reusme lo search houses and other enclosedpluces for contru6und Xalt i~zihe North- Estern P~ovirzces),and of Act XIX of 1862 f to eztazcl to tLe Province of Oude ce~tuinprovisions of Acts XIY of 1843 and XXXyI of 1865 relating' to the ~~zanz~uc- twe of co7rtra6and rSaZt, and to amend the last named Aco; It is enacted as follows :-

I. So much of Section XIV of ~ctXIV of 1843 as declares that nothing in the said Act contained shall apply or be deenied to apply Section X1V of Act XIV of 18.1.3 partially repealen to the Saugor and Nerbudda Territories, is hereby repealed.

TI. It sllall be lawful for thc Governor-General in Council to order the le~y of a Customs duty not exceeding three Rupees per maund Customs duty on Salt imported into the central provinc~. . on Salt imported into the Territories administered by the Chief Commissioner of the Central Provinces.

111. So much of Sections 111, IV, V,VI, VII, VIII, IX, X, XI, XI1 and XI11 of A.ct XIV of 1845 as relates to the mstnufncture Certain provisions of ~ctXIV and in1portation of alimentary Sdt, and to the prevention el 1843, of Act XXXVI of m58, and of ~ctXIX of 1865 and punishment of the illicit manufacture and importation extended to the Central Prov- inces. of such1 Salt, and Sections I, 11, 111, V,VI, VII, VIII adIX of Act XXXVI of 1855, and Section I1 of Act

PRICE6 PINS.

. *.. , - ...... ACT No. PII OF 1864.

Act XIX of 1862 are hereby extepded to the Territories administered by the Chief Commissioner of the Central Provinces.

IT. Every Collector of Customs and other Officer in the Territories adminis- L-..~e~ed by the Chief Commissioner of the Central Provinces, Indemnity to Collectors of Gusto~nsand others. however sncli Officer is designated, is hereby indemnified for any thing dolie before the passing of this Act, wf.~ich might lawfully have been done if this Act had been in force, and no action or other p~oceedingshall be maintained aga@st any such Collector or other Officer in respect of any thing so done. (Bscric!ed the assent of the Gov~rnor-Generd 092 thc 272.d ,?I&l.ch 2 864,)

...", ,..-..."u-. rl?~Act lo e1~a6Zefhe " Coay~toi,~D'.Esco~~yle of Pa.~.is" to sue nttcl 6e suecl it2 the qzanae of the Ch;.icy ~tTnzuye~of fh.e II1dimz Aycncies of the said C'onl;~u)y.

WIII:X~~AScertain persons ]lave formcd thenlselves into a Col~~pan~at Paris for the transaction of Banlring busilless under tile nmne of Premnble. the " Coinptoir D'Escompte of Paris :" and whereas the said Conlyany is constituted and established under and by vil.tue of various Imperial decreesof the French Government, Notarial Acts, and Art,iclcs of Agree- ment, whereby it is (amongst other things) that the said Cornpa.11~;nay continue to exist adcarry on business for a term of thirty years from the ei.ghteenth day of March 1857, that the shareholders of the sldl be responsible only to hhe arnount of their shares respectively, that the rigl~tsancl liihilities attached to each share sha,lI follow its tral~smissioninto whatever ha111CIs it may pass, ancl that the Company may establish, on its own responsibility, and with the authority of .tile Minister of Finance, Agencies in Frmce and in French or Foreign * Colonies, such Agencies to.lse orga,nized and conducted in the sa,me manr,er as the Comptoir D'Esconlpke itself: and wherea.~Agencies of the said .I'ompany have baell recelltly eut&lislzed in Calcutta and in Rt:)lnl~sy: and whereas on kh!: t;hirt,ic,t,ll day - 01 April 1 802', a Conventiurl lvno concluded and signed at Paris '[ILL ,1"-,7 .:een 33.0~ Majesty tlie Queeli of Grwt Britain alld Ireland and His M9jest.y the Emperor of the F~encil,colnyrising tlle c'ollowing Articl.e.es, that ;is to say, " Fi 1.5t-Thc :High c:on- trilcbing parties declare il\~(Cthey 1ik~ti.1n11.~g~nnt to :dl C.onil~~,nies2.116 other hfjso- ciations, commercial, indnslxi'al, or financial, coiistituted and autliorized in conform- ity with the laws in force in either of the two co~uiiries,the power of exercising a11 their rights, and of appearing before the '_L'ril)uual~,whethey for: 'ibe purpose of bringil~gan action or for defending the sa,me, tl~roughoutthe clonlil~ioils and possessions of the other Power, subject to the sole condition of conforming to the laws of' such domillions and possessions. Seconcl-It is agrccd that the stipulatioizs of the preceding Article shall apply as well to Cloinpa,nies am1 Associations constituted ACT No. VIII OF 1864. constituteci and authorized previoiisly to the signature of tlie present Convention as to those which may subseqiiently be so constituted and autliorizecl. Third-The present Convention is conduded witliout liniit &s to cluration. Either of the Kigh Powers shall howeverbe at liberty to terminate it by giving to the other a year's previous notice. The two Big11 Powers moreover reserve to themselves the power to introdilce into the Convention, by coinmon consent, ally mcjdifications which experience rnsy show to be desirable :" and .whereas it is desirable that effect should be given to the said Colivention so far a's the Colnptoir D'Escompte ancl its Agencies now or hereafter established are concerned : It is enacted -as follo~vs:-

I. Unless the coiztrsry appea~hfro113 the context, ir~construing this Ad, the words " Britisll India" denote the Territories which "British India " arc or may become vested in Her Majesty the Queen by the Statute 21 and 22 Vic. Ch. 106, elltitled " ail Act for the better Govenl- ment of Iiidia", except the settlement of Prince of Wales' Island, Singapore, and Jfalacca :

' TVords importing the singular number include the plural nuillber, and words i~nporting the plival number include tlie singday number :

'Words importing the masculine gender include Gender. females : * The word "person" includes any Company or Association or body of persons 'I Person." ~klietherincorporated or not.

11. From and after the passing of this Act, all suits and other proceedings whatsoever, for any injury or wrong done to any real All cuits and proceedings by, or on behalf of, or against, the Comptoil or personal property of the said Comptoir D'Escompte, D'Escompte shall be instituted in the name of, or against, the Chief Man- in whomsoever the same may for the time being be ager for the time being of the Agencies in British India, as the nominal plain- vested, whether iii the said Company, or in some per- tiff or defendant, and shall not abate, &c., on death or removal of such Jlnn- Son 01' perSOuS ill trust for the said company, or upon ager. - or in respect of any present liability to the said Comptoir D'Escompte, or upon any Bonds, Covenants, Contracts, or Agreements -which already have been or hereafter shall be given to or entered into with the said Company, or to or with any person whomsoever in trust for the said Comptoir D'Escompte, or wherein the said Comptoir D'Escompte is or shall be interested, and also all instruments and petitions to found any adjudication of Insolvency in any Court ACT No. VIII OF 1864.

Court against any person indebted to the said Comptoir D'Escompte, and lial~leto have been made Insolvent by the laws now or at any timethereafter in force relating to Insolvents in British India, and generally all other proceedings whatsoever to be commenced or carried on, by or on behalf of the said Comptoir D'Escompte, or wherein the said Coinptoir D'Escompte is or shall be interested against, any person, whether such person is or shall then be a shareholder ox partner of or in the said Comptoir D'Escompte or not, shall and lawfully nlay be commenced and prosecuted in the name of the person ~vllo'shall be the Chief Manager of tlle Agencies in British India of the said Comytoir D'Escompte at the time such suit .or proceeding shall be commenced, as the nominal plaintiff or petitioner for or on , behalf of the said Coinptoir D'Escompte, and all suits and proceedings, as well for subsisting as future accruing claims, debts, or demands to be commenced against the - said Comptoir D'Escompte by any person, whether such person is or shall then be a shareholder or partner of or in the said Comptoir D'Escompte or not, shall be colnrnenced and prosecuted against the said Chief Manager for the time being, as the nominal defendant or respondent for and on behalf of the said Comptoir D'Escompte, and the death, removal, resignation or any other act of such Chief - Manager, or his bankruptcy or insolvency shall not abate or prejudice any suit or other proceeding commenced under this Act, but the same may be continued, prosecuted and carried on or defended in tl~ename of any other the Chief Manager for the time being of the said Agencies.

111. From and after the passing of this Act, in all criminal proceedings instituted or carried on by or on behalf of the said In criminal proceedings, property mhethervestedinCo~n~toir~'Escom~teComptoir D'Escompte, for fraud or injury upon or' or Trustees, may be described as property of Comptoir or of Chief Man- against the said Comptoir D'Escompte, or for any ager. offence whatever relat.ing to a.ny money, notes, bills, effects, securities, or any real or personal property of the said Comptoir D'Escon~pte, - or for any other offence against the said Comptoir D'Escompte, it shall be la,v,rfi~l to slate such money, notes, bills, effects and securities, and other real and personal property, in whomsoever the same may be vested, whether in the said Conlptoir D'Escompte, or in some person or persons in trust for the said Conlptoir D'Escoinpte, tu be the money, notes, bills, eflects: a112 securities, or property of the said Colnptoir D'Escompte, or of the Chief Nanager for the time being of the Age~ciesin i British India of the said Comptoir D'Escompte ; and any offence committed with 5 f , intent to injure or defraud the said Comptoir D'Esconzpte, shall and lawfully may 1 in such proceedings be said to have been committed with intent to injure or defraud the said Comptoir D'Esconlpte, or such Chief Manager for the time being as aforesaid, and any offender may tl~ereuponbe lawfully convicted of any such offence ; and

P ACT No. VIII OF 1864.

and in all other proceeclings in which, before the passing of this Act, it would have been necessary to state the names of' the persons composing the said Comptoir D'Escompte, it shall be 'lawful and sufficient to state the name of such Chief Manager ; and the cleath, ~.esignation,or removal of such Chid Manager shall not

, abate or render defective, or in ailymiss aii'ect or'prcjudice sncll criminal proceedings.

IV. No suit which may be commenced in ally CCLI~~in British India against the said Comptoir D'Escompte, or the Chief Manager Actions against the Comptoir on contracts with it llot to bc defeated bc- for the time being of the Agencies in British India cause plaintiil' is a partne~. of the said Comptoir D'Escompte, upon or arising out of any contract entered into by or on behalf of the said Comptoir D'Escompte, shall be in any wise afiectecl or defeated by reason of the plaintiff thercin, or of any other person who may be ill any wise interested in such action, being R shareholder 01; partner of or in the said Comptoir D'Escompte ; but any shareholder or partner of or in the sa.id Comptoir D'Escomptc, shall have the same right of action and remedy to be proceeded in and enforced in the same manner against the said Comptoir D'Escompte, or such Chief Manager for the time being as aforesaid, upon any contract, and for any debt, clamage, or demand whatsoever, which he might have had if he had been a stranger, and not a shareholder or partner of or in the said Comptoir D'Escompte.

V. No suit comlnenced by or on behalf of the said Comptoir D'Esco~npte- in the name of the Chief 31ailager for the time being Suit by Comptoir on contract not to. defeated because defendant is a as aforesaid by virt~~eof this Act, upon or arising out partner. of any contract .~vhatsoever, entered into by or on beha,l€ ol the said Colnptoir D'Escompte, or for the recovery of any debt, damage, or demand whatsoever due or owing to the said Comptoir D'Escoinpte, or for any other cause or any other account, shall be in any wise affected or defeated by or by reason of the defendant therein, or acy person or persons who may be in any wise interestecl. in such snit, being a shareholder or partner of or in the said Colnptoir D'Escompte, buJc the said Colnptoir D'Xscoillpte shall and may !rave 1113 same right of suit and renlecly to be proceeded in and enforced in the same manner against any sharellolder or partller of or in the said Comptoir I)'Escompte, either alone or jointly with any oLher person, upoll any conlract, ancl upon and fcr any debt, damage, or demand whatsoever, which the raid \Conlptoir Il'Escompte might, have hacl if such cause of action had ar'isen with a stranger, and nut with a share-

holder or partner: of or in the said Colnptoir D'Escompte. , TTI. The E ACT No. VlII OF 1864.

VI. The Chief Manager ,of the Agencies in Bfitish India of the said ('omptoir D'Escompte shall have an Office for the Chief Ifan )ger to cause a melnorial to be enrolled containing certain parti- transaction of the business of the ~omptoirD'Escompte. culars. He shall cause a memorial, in the form and to the effect set forth in the Schedule (A) to this Act annexed, or as near thereto as the circumstances of the case will admit of, verified by 3 d~darationiii it-riGn,g rIlade by him before a Judge of the High Court of Judicature within the julisdiction of which his Office is situated, to be enrolled amongst the records of the said High COUL-t. Such memorial shall, prior to being enrolled, be signed by the said Chisf Wanager, and shall be tzccompaniecl by or have annexed thereto, or endorsed thereon, copies of the decrees, notarial acts, articles, and other instrunlents under which the C'ompany is established, and copies of the various rules under which tile business of the C'ompany is conducted. The nleinorial shall set forth the situaticn of the Office of the Chief Manager and of every other Office and place in British India in or at which the business of the Cornptoir D'Escompte is carried on: anc1 it shall contain a skatement of the amount both of the nominal and of the paid-up capital, the number of shares into which the capital is divided, the amount of each share, and the amount of capital (if any) which the C'omptoir D'Escompte shall have set aside for their working capital in British India, and if thc last mcnticned capital be other than money, then a statement of how it stands invested, and in whose name.

VII. No memorial shall be enrolled unless the authority of the Chief , Authority of Chief to he Manager by whom it is signed, and the copies of the authenticated. decrees, acts, deeds, and other documents accompany- ing the memorial shall be authenticated by the signature and seal of the French Financial Minister, and countersignecl by Her Britannic Majesty's Consul General in Paris for the time being.

' VIII. 3Vllenever ally new Chief Manager of the Agencies in British India of the said Company shall be appointed, or any change Nemorial of chal~gein Chief Iran- ager or in facts set fort11 in former in or addition to any of the f:itcts stated in any memorid to be enrolled. memorial which may have been enrolled shall take place, a like memorial in the fonn and to the effect set forth in the Schedule (B) A to this Act annexed, verified as al'oresaicl, sfiall, xithin twelve calendar months afker such appointix~enl,chauge, or acidition shall have been made, be enrolled as aforesaid, specifying the name and description of mlch new Ci:ief fimn(ger, and containing a statement of the change or addition which nay have taken place in the facts doresaid. EL. If ACT No. VIZI OF 1864.

IX. If any declaration made for the purpose of verifying a memorial under this Act shall be false or untrue in any material parti- False declaration an offence under cular, tlle person wilfully making such declaration the Penal Code. shall he guilty of an offence within the meaning of Section 199 of the Indian Penal Code.

411. Until such memorial as first hereinbefore mentioned shall have been duly Comptoir not to sue 11!1lld$r this AC~verified and enrolled, no action or suit shall be brought till after enrollme!lt of ~nemorisl, and per!on nslnsd in last lnernorial to - by the said Cornptoir D'Escompte under the' author- mnln lidale till fresh mel-;~oridis en- rollecl. ity of this Act : and until the inemoria,l by this Act required to he verified and enrolled in the event of the appointment of a new Chief I&,nager of the Agencies in British India of the said ('omptoir D'Escompte, shall have been duly ?erified and enrolled, the person whose name shall appear in the Last memorial which shall have been duly verified and inrolled, shall be liable to all such suits and executions upon judgment or decree and other proceedings uudes '&hisAct, and in the same manner, as if he had not ceased to be such Chief Manager, and as if no new Chief Manager had been a,ppointed.

XI. An examined copy of every memorial e~lrulledpursuant to this Act, \ certified to be a true copy by and under the hand and Exanlined copy to be a proof of con- signature of a, Kegistrar for the hie being of the tents of memorial. High Court of J~dica~turein which the same shalle have heen enrolled, shall be received in evidence as proof of the contents of such melnorial; and poof shall not be required that the person by whom the ~nemori~l purports to be xrerified was, at the time of such verification, Chief Manager aforesaid of the said Agencies.

XII. Execution on every judgment, decree, and order made or pro~louncedin any suit or proceeding in any Court in British India Judgment or order against Chief Manager IIOW to be esecuted. against the (?lief Nanager for the time being as aforesaid, shall and may be issued and enforced against property in British India bolonging to the Comptoir D'Escompte. All the provisions of the Code of Civil Srocedure as to the attachment of property before judgment and after judgment, shall in all suits agwnst the Chief Manager have full force and eff&t as regards property in British India belonging to the Com~toir D'Escompte. So long as the full amount recoverable by any person under any judgment, decree, or order shall not have been recovered, no execution issued from any, Coort in British India, nor any thing in this Act, shall in any way prejudice ACT No. VIII OF 1864.

or injure the right of such person to proceed in France, under the privileges and powers reserved to British subjects by and undm the said Convention of the thirtieth of April 1862, for the recovery of the amount unrecovered.

XIII. No person having or cla~iningto have any demand upon or again$ N~ to brirlg than one suit the said C'omptoir D'Escomp.te shall, when the same for the same demand against any Chief Manager, nor the Colllptoir against any has been so determined as to have been pleadable in other person. bar against such person, bring more than one suit in respect of such demand ; and the proceedings in any suit which may have been brought against the Chief Manager for the time being of the Agencies in British India of the said Comptoir DJEscoinpte under the authority of this Act, if so determined, may be pleaded in bar of any suit in any Coui%in British India, for bhe same cause against any other such Chief Manager; and in case of any demand which the said Comptoir D'Escompte now has or hereafter may have upon or against any person, whether a sha~eholderof the said Comptoir D'Escompte or not, and which shall have been determined in any action or suit commenced or prosecuted by the Chief Manager for the time being, the proceedings in such suit may be pleaded in bar of any other suit, in any such Court as aforesaid, for the same demand, which may be commenced or prosecuted by the same or any other such Chief Mana,ger as aforesaid.

I SCHEDULE(A).

Referred to i?z Section TI of this Act.

Memorial made the day of by the Chief Manager of the Agencies in British India of the Comptoir D'Escompte of Paris pursuant to Act VIII of '1864 of the Governor-General of India in Council, intituled " An "Act to enable the Comptoir D'Escompte of Paris t3 sue and be sued in the name " of the Chief Manager of the Indian Agencies of the said Company," setting forth the particulars prescribed by Saction VI of the said Act.

Situation of Office of Chief Manager ... 004 ...

Situation of other Offices and places in British India a.m v Entire Norr~inalCapital of the Company ......

Paid-up Capital ...... a** -...... Number of Shares ...... *......

Amount of each Share ... see ...... Amount ACT No. VIII OP 1864.

Ambunt of Capital set aside for operations in British India.. . Mode in which the same is invested...... Name in which. the same is invested ., ...... I, A. B., Chief Nanager of the Agencies in British India of the Coillptoir D'Escompte of Paris, do solemnly and sincerely declare, to the best of my know- 1eag.e and belief, that the above written memorial is true in all respects.

Declared &c., before me, a Judge of the Higli Co1u.t of Judicature at

SCHBDUI.~(B).

Referred to in Sect'io7z TI11 of this Act.

Mmxrial made the day of by the Chief manager of the * Agencies in British India of the Colnpt'oir DIEscompte of Paris, purauant to Act VIII of 1864 of the Ciovernoi-General of India in Coullcil, intituled " An Act to enable the Comptoir DIEscompte, &c.," (as in fo~-~goiry),setting forth part;-

culars of change or changes as prescribed by Section VIII of the said Act. I

Name and description of new Chief Manager , . , ... or New situation of Office of Chief Manager ...... or Other chanye ... ..* .., .-...... I, C. D., Chief Manager of the Agencies in British India of tlre Comptoir D'Escompte of Paris, do solemnly and sincerely declare, to the best of my knowledge and belief, that the above written memorial is true in all respects.

(Signed) C: D.

Declared before me, &c., &c. (as 6efoq-e) . .

. .

ACT No. 1X os 1864. --

PASSEDBY THE GOVERNOR-GENERALOP INDIA IN COUNCIL.

( Receiue'd the asse~to/ the Governor-Genernl on the 9th rWnl.ch 1864. J

-...- -. ------

A?$Act to repeal rlct TI11 of 1861 (for tie kuy ojPort-&es A the Port @ Antherst).

Whereas it is expedient that Act VIII of lSGl (for the levy of Port-daes in the Port of -AmherstJ be repealed : It is enacted Preamble. as follows :-

AC~VIII'O~ 1.861 repealed I. Act VIII of 1861 is hereby repealed. , I 11. This Act shall come into operation on the first 1 &te 011 wliiclr Act colnes iiko operation. day of May 1864.

PRICE3 1'1~s.

. ..

ACT No. X 0%-1864.

(Received the assent oJ the Goce?v~o?*-Ge~ae~-ul o?z the 9th &arch 1864,) ! 1

An Act to extend Act lYXI of 1856, (to consoliduk and u91zend the Lazo relatiny to tAe Abkaree Revcnus i?z tAe PresicZcnc~@' Iflort FilZimt in .Renyal/.

Whereas it is expedient to give the Governor-General of India in Council power to extend the provisions of Act XXI of 1866 Preamble. (to conso lidate and amend the law relatiny to IAe Abkaree Revenge in the Presidency of Port FYilZiam in Bengal) to any of the Provinces under the immediate administration of the Governor-General of India in Council in which the said Act is not now is force ; It is enacted as follows :-

I, It shall be lawful for the Governor-General of India in Council, by order published in the Gazette of India, to extend the Govenlor-Generalof India in Council lnav oxtelld Act XXIof 1856 to certain provisions of the said Act XXI of 1856 to any NO;-hgulation Provinces. province or place under the immediate administration of the Govenior-General of India in Council.

11. Whenever the Governor-General of India in Council shall extend the said Act XXI of I856 to any province or place Governor-General in Couilcil to da. elwe the authorities by whom Act XXI under the powers hereinbefore in that behalf con- of 1856 is to be administered. tained, the Governor-General in Council $hall by ' notification in the Gazette of India declare the authorities by whom the said Act XXI of 1866 shall be administered in such province or place.

ACT No. XI OF lSGLic

(Xeceivecl Zl2e ussent of tlze Gove?*nor-General on tlze 18th &f urch 1564.)

x; -- ~!1 4 t AILAct to ?*epectlthe Laws relating to tke ofices of Hilzdoo and Huhomedan 4f Luw Oficers, cond to the qfices of Caxee-001-Coxaat awd of Cuaec : am1 to : nbolisla the former q$ces.

l j I WHEJMASit is unnecessary to continue the offices of Hindoo and Mahom- 1 edan law officers, and is inexpedient that the appoint- Preamble. 1 ment of Cazee-001-Coaaat, or of City, Town or Per- 2 ' 4 gunnah Cazees should be made by Government ; It is enacted as follows :- i ,j I I. The Regulations and Acts and parts of Regulations and Acts set forth i in the Schedule annexed to this Act are hereby repeal- Regulations and Acts repeal- ) e a. ed, except so far as they repeal any other Regulation if or Act or part of any othcr Regulatiou 01. Act. 7, J I 11. Nothing container1 in ttlzis Act shall bc construed su as to preven a Cazee-oul-Coznnt, or other C~KL~Ofro111 perfor~uing, Tlriu Act nut to affect Ll~e pnrforrnance of ceremonies, kc., when requircd to do 3u, any dulies or A " ceremonies 1,~Cazees. prescribed by the Mahomedan Law.

Schedule ACT No. XI OF 1865. SCBEDULE

Regzclations czml Acts cclzcl pa~tsof Regz~lutionsnr,d Acts Xepculed.

I o much of Section XV Bengal Code I Forreceiving, trying, and de- liegulation IV. 1793. 1 as declares that, in the I ciding suits or complaints declared cognizable in the respective cases men- Courts of Ue\vaimy Adaxvlut tioned in the said Sec- established in the several { tion, the Mahomedan I and Hindoo Law Offi- Zillalls, and in the Cities of Patna,. Dacca, a.nd MOOT- cers of the Conrt are she~labad ... I to attend to expound I the law.

Regulation XII. 1793 I Bengal Code ( For the appointment of the I Hindoo and Mahomedan 1 1 Law Officers of the Civil ) The whole. i and Criminal Collrts of Judi-.. . I , rature 8,

Bengal Cocle For the appointment of the 7 Catzee-001-Cozaat or Head Cazee of Bengal, Behar, and I The whole. Orissa, and the Cazees sta- t tioned in the several districts, and prescribing their re- I spective duties ... I I ltegulation VIII. 1795 Beagal Code For extending to the Proviilce of Benares, with alteratiolls 9nd mocliiications, Regula- tion IV. 1793, entitled '(A " Regulation for receiving, t " trying, and deciding suits I So much of Section III (( or conlpljillts declared cog- I as declares that, in the "nizable in the Courts of respective cases men- I " Dewanny Adawlut estab- tioned in the saicl Sec- " lished in the several Zillalls, I tion, the Mahornedan " and in the Cities of Patna, ) and Hilldoo Law Offi- " Dacca, and Moorsheda- cers of the Courts are " bad;" and for exenlpting I to attend and exporind thc Rajah of Benares and the Baboos of his family, and ,certain Bankers, when defendants, from giving the security required fiom other defendants . . . ACT No. XI OF 1864.

Xi~'umberand date of TVl~atCode. Title Extent of Repeal. ILegulations.

-- -1 . I Ileg~llrtionXI. 1795.. . Bengal Code For extending, with inodifi- 1 I.eatlona, to "-w(: - Province of Benares, Regulatioc XII. 1793, entitled (( a Regula-

(( tion for the appointment 1 " of the Hindoo and Mahom- (( edan Law Officers of the I " Civil and Criminal Courts )The whole. of Judicature," and for appointiiig a Pundit or Pun- I dits to the Provincial Court of Circuit for the Division I . . of Benares, to expound the Kindoo Law in certain cases I cognizable by that Coui-t . .. J Itcg~~lationX~JIX. 1795 Bengal Code For appointing the Head Cazee of the Provinces of Bengal, Behar, and Orissa, Hed I Cazce of the Province of, 1 I i Benares, and for extending l I I I to that Province the Rules The colltailled in Regulation I XXXIX. 1793, regarding the I Cazees stationed in the Cities, Toms, and other places in I the three first mentioned Provinces ... J Iloplation 11. 1798 . .. Bengal Code. 1 For autho~izinga Review of 1 Causes decided by the Civil ; Courts in certain cases ; and Section IVa f for explaining parts of Reg- ulations IV, V and "I' I 1793 ... 1 I So much of Clause First, Secttion XVI, ns declares that the Ma- I homedan and Hindoo Reg~lat~ion111. 1803... For receiving, trying, and de- i Law Officers of the Bengal Code. ciding suits or complaints, Courts shall attend to declared cognizable in the expound the law of 1 Comts of Adawlut estab- their respective per- Lished in the several Zillahs suasions in cases iu in the Provinces ceded by the I which recourse may Nawaub Vizier to the ,Honor- be required to be had abIe the English East India to it ; and that the Company ... Judge of the Zillah - - ACT No. XI OF 1864.

Nulnl~erand date of Extent of Repeal. Regulations. mlatcode. Title.

/ 1 Court may further refer cases for the opinion of the Law Offi- I cers of the Superior [ Courts.

Regulation XI. 1803... Bengrtl Code For the appointment of the Hindoo and Mahomedan Law Officers of the Civil and Criminal Courts of Judi- Tile whole- cature, in the Provinces ceded by the Nawab Vizier 1 to the Hoilorable the English East India Company . . .

Regulation XLVI. 1803 Bengal Code For the appointment of the Cazee-001-Cozaat,, OT Head Cazee of the Provi.;lces sf Bengal, Behar, Orissa, and Benares, to be the Head Cazee of the Provinces ceded by the Nawaub Vizier to the Hono1rt;ble the English East India Company . . .

Bengal Code For extending to the Judicia.1 Department such parts of So much of Section X Regulation VIII. 1806, as as relates to charges of are applicable to charges or corruption and extor- information against the Euro- t tion against the Kin- pean public officers employed doo and Mahomedan in that De~artment.and for I I 1 [ Law Officers. malring further. provision in such cases .. .

Regulation' VIII. 1'80.9 Bengal Code For modifying parts of the 7 t Rules in force respecting the appointment and removal of I the Native Officers of Gov- )Sections I11 ancl IV. 1 ernment in the Judicial, Revenue, and Commercial I 1 Departments ... J ACT No. XI OF 1864.

I Number and date of 1 Regulations. I What Code. 1 Extent of Repeal. i I

Regulation XVIII. 18171 Bengd Coile To modify the Rules in force 17 which prescribe an oath of i 1 1 office tibe talien by certain , 1 Native Officers; and to es- So inncll of Sections 1, plain and anlend otherprovi- ' I) 11, 1V and VI a. sions relative to the Native relates to Law Ofg- Ministerial Officers and I cers. Law Officers of the Civil I and Criminal Courts . .. . J

Regulation XI. 1826...' Bengal Code For providing a succession of' ' I duly qualified Hindoo and Mahomeclan La\+- Officers in t.he several Conrts of 1 Sections I, 11, I11 and Justice ; and for enacting an ' IV. additional Rule for the ap- ointment of Valreels in the Zillah and City Courts .. . Regulation 111. 1827.. . Bengal Code For modifying and amencling 'I I the Rules in force relative i So much of Sections 1, to the Law Officers and Min- I 11, I11 and IV as re- isterial Native Officers of ) lates to Law Officers. I the Courts of Judicature, 1 ~vllomay he guilty of corlwp- tion ot extortion ... Regulation 111. 1829... Bengal Code Por abolishing certain official designations amongst the Judges of the Courts of Sud- cler Dewanny and Nizamut Acla~vlut,ancl of the Provin- cial Courts; for anlending the Rules at present in force, whicli require the Judges of the Courts of Suclder De- \vanny and Nizamut Ada~v- lut, or other public Officers, to take the prescribed oaths of office before the Governor- General in Cotincil ; for providing for the decision of Civil suits and appeals in the Provincial Courts, in certain cases ; for ainendiug Regulation VIII. 1825, and for discontinuillg the offices of Hindoo and Mahornedan Law Officer in the Provincial Courts .. . ACT No. XI oF 1864.

I Number and date of 1 Wlrat Code. Regulations. / I Title. I I i

i Regdation XI: 3602. Madras Code ' Pol. tlie apl)ointn~ei~tof the I-Iindoo and &Ial~omedan JJ~WOAirers of the Civil l,lThe whole. and Criminal Cotwts of Jndi- I cature . . . Madrac, Code For the appointment of the Cazee-001-Cozaat of the "1 The whole. Provinces subject to the Presidency of Fort Saint I , George ... I Regulatio~iVII. 182%.. Madras Code For resciuding Regulation I or' 1809, and Rcgulatio? V of 1511, ailcl for declaring that tlie appointment and removal of the Native pnhlic Clause servants of Governmeilt shall be regulzted 1)y such o~~ders as the Governor in Council nlay from time to time see I fit to issue . . .

ltegulation 111. 1828... Madras Code ' P'or irnl~rovingthe means of 17 1 procuring for the Courts of 1 Judicature correct exposi- / tions of the Hindoo and j I I Mahonledaii Law ... j J Regulation 11. 18'27 ... Bombay code: For defining the constitution /] i of Courts of Civil Justice, \ 1 Clauses 2 and 3 Section i and the powers and duties XXXIV, and Section / of the Judges and OAicers XXXV. 1 thereof ...

Xepulation XXVI. 3.827 Bornbay code1 Fool: the al~pointn~entand re- 1nova.l of Cn.zccs, and for I ensnring an efficient and. )The whole. I I regular rlischa~rge of their I j (Inties . . .

I Nlnnber and dat,e of / Title. I Extent of Repeal. Acts. I Act XXVII. 1836 .. . For the repeal of Regulation V. 1817 of the Madras Code ...

Number ACT No. XI OF 1864. 1 -- 1 Number and date of I I B Title. 1 Extent of Repeal. $ Acts. B ! --- - B I Act VII. 1843 ... For abolishing the Provincial Courts of Appeal and Circuit i11 the Presidency of Fort St. George, and for establishing new Zillah Courts to perform their functions ; for establishing Courts constituted according to Regulations I -Section LI. and 11, and Regulations VII and VIII of 1827, in place of the existing Civil aid Ciimillal Zil1a.h Courts, and for extending the Civil Jurisdiction of such Courts . .. Act V. 1845 ... Concerning the examination a,ildappoint- ment of Ilindoo and Mahornedan Law Officei-s . . .

ACT No. XI1 ow 1864.

(Receiued the assent of ltte Governor- General on 2/2e 18th Xarclt 1864).

- - - - An Act to give fulaflzev efect to the provisions of Act IP of I863 (to give cfect to ce~lailzpl.ouis.ions qf a T~eatybetweepa His Excellency the Xavl qf Blgin uncl TCincc~rdirte, Fkeroy and Qovernor- General of India, md Bis JXajesty the i?i?ing of Bzcrm~h).

JT-~IZXEA~it is necessary to provide for the more effectual carrying out of

the provisions of Act I'V of 1863 (to give efect to cer- .2.c Prcainble. tailt provisions of a Tg-eaty between His Zxcellelzcy the i2 Ec~ylof Blgim and Xinca?*dilze, Yicevoy and Go.~l~?zov-Geney.csl of India, and 1I: flis Hajesty the Rhg of'Bzcmah) ,- It is enacted as follows :- 9 1 I. It shan be lalrrful for the Governor-General of India in Council to 4 make and issue rules to give eEect Lo the said Act ITr C+overnor-General in Council )nay pSS r~i~~to give effect to of 1863, and regulate all matters relating to the import .let 1V of 1863. and export of goods or otherwise arising under that and from time to time to add to, alter or revoke such rules or any of

I them: Provicled that .to rule so made shall he inconsistent with my provision of the said Act IV of 1863, and that the penalties pre- I'roviso. scribed in such rules for their infringement shaJl not i excooci, and slzall so fal*as circumstances vill admit bc the same as, or similar t to, the penalties prescribecl in the like cases by Act TI of 1863 (to consolidate E c~ladumelzd the laws relating to tlze adnzinistl-cction of tlte Depavtmeni of Seu Cusloms in I~zdia). All 1.ules made under this Section shall be published in the Gazette of India. 11. Every Collector of Ci~stoms,or otlier Officer, is hereby i~lclemlzified for every thing done on or after the date on which the !iu[le~rniity. said Act IV of 1863 came illto operatioil, in collecting or enforciilg the Duty imposed under the piaovisions of that Act, or by virtue . of any order of Government or otlilermise in carrying the said Act IV of 1863 into effect : anci no action or other proceedillg shdl be m3intaincd against any sue11 Collector or otlicx Officer in respect of any thins 'so done.

~'R,I(;IC 3 YSES. r

. .

...... ' ...... i

ACT No. XIXI OF 1864.

, PASSEDXY THE GOVEBNOII-GF,N~R~~T~OF INDIAIN COUNCIL. (Received the assent of the Governor- Ge~~e~al.on, the 18th Ikfcv)*ch 1864).

0 Am ~ct'tocon.so2idnte and maend the laws relating to the higrutio~zof Native I;aborerr.s.

WHERBASit is expedient to consolidate and amend the laws relating to the 13migratrionof Native Laborers; Tt is enacted aa Preamble. follows :-

I. From the date on which this Act'shall come into operation, the Acts or pmts of Acts set forth in the Schedule (A) annexed Acts repealed. to this Act shall be held to be and are hereby repealed to the extent mentioned in the mid Schedule, except so far as they repeal anv other Act or Regulation, or part of any other Act or Regulation,

11. The following words and expressions in this Act shall have the meanings hereby assigned to them, unless there be 1nterpi.etation. something in the subject or context repugnant to such construction, that is to sQ :-

The word " Emigrate" shall denote the departure of any Native of India

w Rmigrate". out of British India for the purpose of laboring for

" Emigrant." hire in some other place ; and the word " Emigrant" shall denote any Native of India under engagement to emigrate :

The words "the Magistrate of the District" shall denote the Chief Officer chargecl with the Executive Administration of .Ic Thc Magistrate of the Uistrict." a District and exercisillg the powers of a Xagistrate, by whatever designation the Chief - Officer charged with such Executive hdministration is st~led,or in the absence of such Officcr fsorn the Station at which his Court is ordinarily held, the Senior Officer at the Station exercising the powers of a Ma.gistrate as defined in the Code of Criminal Procedure : The The words " British India" shall denote the Territories vested in Rcr \ Blajcsty by the Statutc 21 and 22 Vic, cap. 106, enti- ' " British India." tled " An Act for the better government of India,,',' ' except the settlement of Prince of Wales' Island, Singapore,, and Blalacca : Tlle worcls c'local Govern~nent" shall denote the person authorized by law to -2dminister Executive Government in any pa,rt ', 1,ornl Gover~uinent". of British India : The vord " Section" shall denote a section of this "Section." Act :

The word " vessel" shall include ally thing made for the conveyance by

'< vesselJ'. water of human beings or property :

\Vords importing ll~esingular lvrmber shall include the pluia,l number, and words importing the plural number shall in~lude Number. the singular : Words importing the masculine gender shall include Gender. females.

111. Except under and ill coilfornlity u7jth tlie provisions of this Act, it shall not be lawful to make any coiltract wit11 any Contracts for labor out of India unla~fu~,except under Na.tive of Tndia for labor to be pe~formedin any place this Ad. i beyond British India, 01. to enable any Native of India 'I to emigrate, or to assist any Native of India in emigrating : provided that nothing in this A& shall apply to any obntraet with any Native of India for labor to be performed in anJr Foreign Settlell1ent on the main land of Tndia or in ally Native State in Tndia, or to emigration to ally sue$ f3ettlenient or State ; or shall apply to any contract for labor to be performed in or to erni- gration to the Island of Ceylon; or shall apply to any contract with or the emigration of any Native Seaman or other' person who of his own free will shall contract to navigate or serve on board of any vessel or wlzo shall embark on board sucl? vessel in pursuailco of such contract, or any person who sl~all contyact to scrve as a menial servant only, and who sliall en~barkas such iiienial servant.

IT, Contracts may be lliade with Natives of India to emigrate to any of the 13ritish Cololiics of Mauritius, Janiaica, British l'lacee fbr emigration to wlliol~ coatracts may he made Chimil, 'Frinidad: St. Lucis, Grenada, St. Vincent, with Native5. Katal, St. ICitts, mid 8eychelles, and to the Danish Colony ACT No. XIS1 OF 1864. I. I Colony of St. Croix; and it shall be lawful to onqble or assist any Native of $ India to emigrate to any such Colony.

V: The Governor-General of -India in Council may from time to time,

C+oven~or-Generalmay declare by notification pul~lisliecl in the Ga'zette bf India, emigmtion lawful to 1)laccs ot11cr declare that the ernigra,tion of Natives of India shall. than thosc mentioncc? in the lait Section. . be lawful to any place other than the places mentioned . in tlle last preceding Section : p+ovided that every such notification shall contain a.lso a decla.ratioii, that. the Governo?-General of Proviso. 1ndia in Coullcil has been duly certified thkt tho Gov- ernnlent of the place to mliich the iiotification refers hats made such laws and other -provisions as the Governor-General of India in Council thinks sufficient for the protection of Natives of India. einigratilig to such place.

VI. From tlie date of any such notification Isy the Uovernor-General of

contracts nay 1)c made for India in Council, contracts may bk made with any emigration to places emigration is anthorized 1)y Gov- Native of India for la.bor to be performed in any place ernor-General. to wllich emigration is au~llo~izeciin the notification, and it shall be lawful to enable or assist any Native of India to emigrate to such place ; but all contracts a.nd emigration under aqr such notification shall be made alld conducted subject to the provisions of this Act. L

Pmlll what ports emigration VII. Bmigration shall not be lawful except from lawful. the port of Calcutta, the port of Xadras, or the port of Bombay. .

VIIZ. The probable length of the voyages to the places enumerated in section IV, from Calcutta, Madras, or Bombay respect- Probable length of voyages. ivel~i,slia.11 for the puTposes of this Act be deemed to

Between the months of April and 0ctobkr in- To ~nuriti~lsand Seyabdlcs ...\ clusive, 10 weeks; and bet\\~eenthe months of Xovc~nherand Ifarch i~lclusive,8 wceks. To Janlaica, British Guia.l~a,Trinidad> St. T~ucia, Grenada, St. '\'incent, St. 20 weeks. Ritts and St. Croix ...... 1 TO ~~tal...... 12 wceks.

Between tl~cmonths of April and Octobcr 111. elusive, 7 \i'aeks; a1111 11,etweenthe lnonths of (To N;ii~riLiusNI~ Scyehell~s :.. ' . . I 1 Nnvnnher a~ld31arch inclnsive, 5 f eolrs. From&fadra5 ...... { 'l'o Jamaica, British Guiana, 'lYi~.inidaci, St Lucin, Grcnada, St. Vincent, St. ( pitts and St. Croix ...... [To ~atd...... 10 \vceks. From Between the months of April and September ' / To Mawitiur ?nd Seychcllc8 ...... 1 inclusive, 5 weeks; and between the month of Octol~erand March inclusive, 6 weeks. Prom Bo~nbay ...... J To Jamaica, British Guiana, Trillidail, St. Lucia, Grenada, St Vincent, St. 19 weeks. Kith and St. Croix I ...... 1 1 , (To Natal ...... 10 weeks. IX, In every notificakion issued under Section V, there shall be stated

Notification legalizing emi- the probable length of the voyages from Calcutta, any lleWplace sllall to give the probable length of the Hadras, and Bombay respectively, to every place \'oyage. which emigration is by sucli notification authorizeci, and thereupon such period shall, for the purposes of this Act, be taken to be the pl'obable length of such voyage.

X. 'Phe Govcrllment of every place to which emigration shall be lawful under this Act rimy, from time to time, nominate a pep- Aypointme~lt of E:migmtion Agcnt. son to act as Emigration Agent in Calcutta, Madras, and Bombay respectively, but such nomination shall be subject to the approval of the local Government. Every Emigration Agent shall be lia,ble to removal by the Government which nominated him.

XI. Every Emigration Agent who at the time wllen this Act shall come int,o operation shdl have been nominated by the Gov- The present Elnigration Agents to be recognized as E1nigratiO1l ernment of any of the Colonies enumerated in Set- Agents under this Act. tiop IV, shall be deemed to have been nonzillated under this ,4ct. XII. The remuneration to be given to Emigration A gents shall not depend upon, or be 'egulated by, the number of Emi- Remulieration of Agents. grants sent by such Agents, but shall be in the nature of a fixecl ann11a.1 salary. XIII. It shall be lawful for the local Government to nominate a proper A A person to act as Protector of Emigrants at each of the Appoint~iiclltof Protector of ~mi~rants. three ports aforesaid, and with the sanction of the Gov- ernor-General of India in Council to assign to such person such salary and esta,blisliment as shall be deemed proper. Every Protector of Emigrants- shall be subject to removal by the local Goiernment to which he is subordinate.

XIV. No Protector of Emigrants nominated under this Act shall, except with the permission of the local Government, hold No Protector to hold other Officewithopt pe~missioll. any other office under Government, or follow any other profession or occupation. XV. Every ACT No. XI11 OF 1864. XV. Every Protector of Emigrants who at the time wlle~this Act shall come into operation shall have been nominated by the Existi~ig Protectors to 1)e deemed Protectors llil(ier tllis local GO%-erirmelit,shall Ine deemed to have been nomin- Act. ated under this Act.

XVI. Every Protector of Einigrants, in addition to any special duties. assigned to him by this Act, shall so far. as is in his General duties of' the J'rotector of ~ini~rallts. POWGS generally protect a,nd aid with his advice op otherwise all Emigrants; t~ndshall cause :dl the provisions of this Act to be : AS to iuspect.ing SCSSC~S ~ritl~ duly complied with he shall also inspect on arrival all returu Eniigrailts. vessels bringing return Emigrants to the port at which he is Prbtector, a,nd enquire into the trea.titment received by such Emigrants both during the pe~iodof their service in tlze place to which they enzigrkted, and also during the voyage, aizd shall make a. report tllereoll 60 the local Government, and he shall amidaitd advise such return %migrants so far a~ahe reasonably can wIien ca.lled upom by them to do so.

XTTII. At each of thc three port,s aforesaid, it shall be lawf~ilfor tlze Apl~oiutineilt ;\le&yal otli local Government to nonzi~iate a competent person to rer. be Medical Inspector of Emigrants ; and with the sanction of the GOI-ernor-General of India in Council to assign to tlie Nedicd I~ispectorso nominated such silary as shall be deeiized proper.

XVIII. In each of the Towns of Calcutta, Madras, and Bombay, or in the Suburbs of those Towns, a suitable depbt shall be DepBts to be established in Calcntta, Madras, and Boil~bny, established by the Enligratioiz bent of every place to for each l$inigmtion Agency. which emigration slzall be lawful under this Act, for the persons ~vhoshall be engaged as laborers for such place ; and by the Emi- gration Ageizt izonlinated by tile French Governllzeilt under Act XLTTiof 1860 (to ctuZho?*4e alzd s.eguZaic. the &'~~zigrcctio?z of ATutiue Laborers to thc li?-encfi Colonies), and Act YIT. of 1862 (Lo nme9~dAct XLTrl qf 1860/, for the persons i, ~dioshall be engaged as Ial~orersfor the French Colonies.

e XIX. Ever? depBt shall be liceilscd by the Protector of Emigrants, after being inspected anci approved of by him a,nd by tlze 1,icemilxg of degBts. Mcdical Illspector of Eiaigraizts. No license shall he in force for a longer period than a year, and any license may be cancelled by the Protector of Emigrants if lle shall consider that tltc depbt for which it was granted is unliealtlly or in any respect has become uizsuitable for the purpose for ACT No. XI11 OF 1864.

for which the dep6t was established. For every license granted under this Section there shall be paid to the Protector a fee of ten Rupees.

XX. Every Protector of Emigrants and every 3Iedica;l .Ti?spe.(-h~of Enzi- ~nsl~ec~iollby. pl.otector ancl &rants shall, froin time to time, and at lea Mcdica.1 Inspector. every week, inspect tlle l3mi~~~ar~lsin the vmi for tho reception of Emigrants about to GA~R,J:~from the port at which the)

are Protect;or and Medical Inspector resl3ectively, and exa,rnint: into the &sitate- -- of the depots, and the manner in which the Emigrants arc.tl-~erein'lo'dged, fed, clothed, a.11.d ot,l~e~*wiseprovided for and attended to. '2 '3 XXI. It shdl -be the duty of tlie Medical, Iaspecto~to report to tlie 4 Report to be n1:lde by Medi- Protector of Emigrants any circumstance which may eal Inspector. !i come to his knowledge, showing that the depBt is not .! !$ suitable for its purpose, or that the Emigrants are treated with any neglcct g or opprewion . .d.% -& .?? XXII. . Every Protector of Emigrants and every 34edical Inspector of ;::j d ~rotectoly and Nedical 111- Emigrants shall be held to be a Public Servant withill, ,,??? apectors to be deemed Public .;a Servants. the meaning of the Indian Penal Code. ;4 .L$',I XXIII. It shall be tlie duty of evcry Emigration Agent, alld of ail persons in charge of or elllployed in any depbt, or And to have every facility for : lj. I< inspections, QGc. . .,*,:) in any vessel licensed to carry ' Emigrants as here- ;J I. C I inafter provided, togive the Protector and the Medical Inspector every 5. facility for making such inspections, examinations, and surveys as may be ...i 5t :+ - necessary or proper under thi,s Act,, anrl t,o a.ffoi1c1then1 a,ll 'sucll inforlnntioll. :2 as may be reasonably required by thellz. ;'i .qi . . *>

XXIV. The I'rotector of ~ki~rantsat each of the three ports ai'oresaid, Protector+ of to shall license so many fit persons as shall to him seem licellse Recruiters: necessary, to be Recruiters of laborers, and no person '

. . shall act or be employed as a ~ecruiterof laborers excipt under a licel~.se 0 from a Protector of Emigrants.

XXV. Every Recruiter shall be licensed to obtain laborers for some

pa~ticula,rplace tu . whicl~emigration shdl be lawful Recruiter's License. u~iderll~is Act, and no license to obtaill l&oi*crs 10s ', any place shall he granted except 011 the application of the Emigration Agellt ,of such place.

' XXV~.No .'< % 21Crl' NO. XIII OF 1864. ,j 3 1 SSVI. No license shall be in force for a longer pcriod than one year ; d

1)1irdtioii of licence, :llld C:II~- ancl in case of miscdnduct on the part of any Recruiter, 4 celineiit in ca-e of ~~I~LICOI~~I~C~ a thc Protector of Emigrants may cancel his license 7 before the expiration of tl~cperiod for whicli it n7as grantecl. >i

23 44 XSVI I. Every license sllall be in tho form set forth in the Scliedulc (B) 17 vol,,l of lice,lse, feP to to this Act annexed. For every license there sllall he pad. 1 paid to the Protector a fec of tc.11 Kupees. I '2 1 'j IYYI'III. Everp peysou holding a license as a Rewuitel. of lnboi*cr*s I,-4 shall wear a baclge bearing the following inscription in 4 Ht~rl.u~terto wear hadpc. I English, and in the vernacular language of tlie 'I'own, r'1 Ijistrict or Uistricts in which he is licenscd to engage lal~orers-[12ccrztiIcl~ of 1 B~zip-a~ztsfo~ tl~e J!dcbzi.~-itlr~s (01- otlze:I/?*plcbce ccs Ilhe case 11zuy be)]. f .5$ 3 SXIX. Yo Recruiter shall engage or attempt to engage laborers in any I District or in the Towns of Calcutta, Nadras or HOD?- l Hcc~niter to have liis licerlsc $ conntersigned a XagLtrate bay, mitl.iout having first exhibited his license to the \\here IIPis recruiting. &gistrate of such Distitict, or a Nagistrate of such 4 Town, and ohtainecl the countersignature of such Xigistrate thereupon. 1 Such countersignature shall l)e given, proviclecl that the licensc is in force at 51 1 the time. 7 i :* E XXS. Every Native of India, who shall in any place other than the i Sntives engaging to einigratc TOWJISof Calcutta, Jfaclras 01%Nombs~r enter into any not to lcavc their clizLrict with out ;~pl)enri~lphefire .Xagis- engagement with a ltecruiter to emigrate, shall prior trate. to leaving the District ~vithinwhich the engagemc~nt was enterecl into appeal* with the Rec~uiterbefore the Xagistrate of s11c11 District, and no Recruitcr shall remove {uch Xinigrant from the said District until he shall have so appeared. Upon so appearing, the Magistrate shall examine the inteacling Emigrant with reference to his 13\anlination and registratio11 engagement; and if it appears that he coinprehends tlle nature of tlie engagement he has entered into, and that lie is willing to fulfil the same, the Magistrate shall registel. in a 1~001~to bc kept for thc - purpose, in such form as the local Government shall prescribe, the name, name of the father, anti the age of such I

SXXL. Yw. t,11c registration of eT7erJ-Emigrant, the I-lecruiter shall pay to tilo Magistrate ti fee of onc LXupee. 011 proof of Fs8

KXXIh. Anthentic copies of eJreq- registration shall l)e forthwith for- wardecl by the Jitttgistrate to the,. Emigrxtion Agent at C!u)?y uf regiet~~atiouto bc sent to I

XXSVIIX. The copy of the registi%tion of everji Emigrant, ~ecciveclby copy of registratiorl to ile tll~Emigratjon Agent from the JIagistrate or from exhibited to SIcdical Juspector. tlie Protector of Rmigrants, shall as sooii as conveni- cntly may bc after the arrival of the Emigrant 11e exhibitecl to the JXeclicaI

.ind Etlligra~ltzto IIC iny~ect- Inspector of Emigrants ; ancl the Blvigrant sllall he CCI bx 11i111 examined by the Medical Inspector to ascertain if he is in a fit state of lleallli to eizzigl-ate to the place to 17rliich he has coiitracted to proceed. The Medical inspector, if satisfied of his fitness, shall gil-e, s certificate thereof to thc Emigmtion Agent : if satisfied of his unfitness, f~e shall give a certificate thcrcof to thc l'rotcctor of Fmigrants.

XXX IX. If the Medical fnspcctor shall certify that ai~yXtnigrant is

If unable to p,.oceedfionl not in a fit statc of health to emigrate to tlie place to health, or if isreg~llarlysceruit- ed, E~llig~autto he sent back to ~vllichlie has contracted t'o proceed, or if any irregular- ~lacc\~h~re1)e was registered ity shall have occurred in tllc recruitment of any Einigrant, it shall be l%wful for the Frotcctor of Xn~igrantsto order thc Emigration Agent in whoso depBt such Emjgraut lizay bc, fortl~withto pay to him, the Protector of Bnzigrants, such reasonal~lesuin as shall be necessary to enable the laborer to return to the place where he was registered, and the Protector may take any steps he thinks necessary for the conveyallce of the laborer to such place. * YL. On failurc of the Bmigration Agent for twenty-four hours to cow-

provisio,l for case of Ymigrs- ply with an order of the Protector for the l~aynientof tioil Agent failing to pay surn any such sum of money as iii the last preceding section required to enable Emigrant to return. mentioned, it shall l)e lawful for the Protector to -pay the same to or on behalf of the Emigrant, and every sum so disbursed shall be recoverable by the Protector, with six por cent. interest from the date of disburseient, from thc Emigration Agent on whose default it may be paid, as money paid to the nse of such Emigration Agent. KOfurther proof shall be required by any Court in any such case .than that the Protector gave the Emigration Agent an ordcr to pytlie same, and that the Emigration Agent for a space of twenty-four hours niadc clefault in coml3lying therewith. Pro- vided that any Eniigrant who from his state of health is in thc opinion of the Xedical in spec to^! unfit to unclcrtalre the journey back to tlie placc where A he was registered, shall in addition to his being c0nvejc.d bacli at the expense of the Emigration Agent, be entitled to coiitinue in the ~IepAtand to bc fed, crlotherl, lc,rlgecl and attentled to there, by a~~dat the ex:)caso of the Emigra- tion Agent, ui7 ti1 SUCII time as the fr'rot,!?otorshal! cltlr r5nuise oradcr. XLI. I'he ACT No. XI11 OF 1864. he sllnll refuse to register his name., A col,y of every registration under this Section, written on substailtial paper which shall not require a stamp, s1la.U be furnished by the Protector to the Ernigrant registered.

XXXIV. For the registration. of every Emigrant under the last-preced-

kTce for registration by lJro- ing Sec4iolz,the Recruiter shall pay to the ,Protector of tector. Emigrants a fee of one Eupee. On proof of the desertion of a~nyEmigrant before reaching the depbt for whiclz he TV~Sregis- tered, the fee ljaid in respect of such Emigrant may be refunded by the Pro- tector to the Recruiter by ~~llornit was paid, under such rules as shall from time to time be made in thak behalf by the Governor-General of India in Council.

XXXV. An authentic copy of every registration by a Protector of Emi- grants shall he forthwith fora~rzrdedby the P1.otector CO~IY of registration by pro. tcclol; to be forwarded to Agerlt. to the Enl~gl.atioll ilgcnt of the place for IF-hich the person named tliereiu shall have becn engaged.

I(XXVJ. 1. Every Emigrant recruited u~iderthe provisioils of this Act, shall he coil~reyedby land or river with all conve- ~onveymceof Emigrant to dellat. - uient despatch to the depbt at the port of embarkation, established by the Bmigratiou Agent of' the place to wllich such Emigrant has contracted to emigrate. t

2. registered- Emigrants engaged by any Kecruiter shall, mllile proceeding to a depbt, he accompanied tlirougliout the ICmigrants silall be acconipani- td to depat by Recruiter, or journey either by the Recruiter himself or by a corn- person approved by Nagistrate. petent person appointed by him with the approva.1 of the Magistrate by whom the Emigrants may have been registered. The Magistrate shall give to the person so appointed a certificahe under his sig~xa- ture, sta.ting that he has been appointed for the journey to the depbt.

ftecrnlter to providc suitable 3. Eveidp Eecruiter by or tlwougil wl~omJ3migrants fit1and lodging. may 1x3 forwarded to a depbt, sliall throughout their j o~i~neyprovide them with suitable lodging and food.

XXXVILI. The arriva.1 of each Xuligrant at a' depbt shall immediately be reported by the person in charge of the del)At Arrival at depBt to bc report- HI to Emigration ~gcllt,rind to to the Emigrittion Agent, and by Agent to the l':.otector. Protector of Emigrants. XXXVIII. Thc ACT No. XI11 OF 1864.

XLI. Tlie Emigration Agent, in the presence of the Protector of Enii- grants and within forty-eight hours after the arrival of i)ut~it' 1':migral;ioll Agent. each Emigrant at the clepbt, shall ascertain by personel

' comiuuiiication with such Emigrant whether or' not he has beell properly fed ancl otherwise properly treated on his journey to the depbt. The Emigra- tion Agent sha,ll also, in the presence of the Protector and within such time as aforesaid, examine the copy of the registration furnished to tzhe Emigrant under Section XXX or Section XXXIII. If for any reason further enquiry be necessary, such enquiry shall be made forthwith. Unless the En~igration Agelit shall with the consent of the Protector refuse to recognize or to be bound by the contract entered .into by the Recruiter wit11 the Emigrant,:as shown by the copy of the registration produccd by the Emigrant, such copy if it be u. copy furnished under Section XXX shall be coul)tersignecl by both the Emigration Af;ent and the Protector, and if it he a copy furnished under Sec- tion XXXIII shall be countersigned by tlie Emigration Agent alone ; ancl the copy so countersigned; under -whicher;er Section it mty have been f&nishecl, ~rovisio~lfor case of Agent. shall be delivered back to the Emigrant. If the Emi- refusing oO1'sentrof tector to be bound by contract 3gration Agent slia1l,'~~~ithoutthe consent of the Protect- made by Recruiter. or, refuse to be bound by the contract entered into by the Recruiter with the Xinigrant, the Yrotector may thereupon order the Emi- gration ~~entfortlrwitll to pay to him, the Protector of Emigrants, such reasonable sum as shall be necessayy to enable the Emigrant to return to the . ,. place where he was registered, and on failure of the Emigration ~4gentto pay / , such sulnwithin twenty-four hours of liis being 'ordered so to do, the Pro- [ tector mag pay the same to or on behalf of the Emigrant, and all the provisions ..-. 6 I? of tlle last preceding section as to sums paid by the Protector shall be appli- .$, cable, so far (as tie cjvcurnstances of the ca,se will permit, to sums paicl by him under this Section. ~11~Protector shall also, in every case in which it shall seem to him proper to do so, institute a suit on behalf, of the. Emigrant agaillst the Emigration Agent, for the recovery of damages for the breach of contract committed by the Emigration Agent. In every such suit, the contract entered into by the Recruiter shall be cleemed to have been entered into . ,... . , ...... by and to be binding on the Emigration Agent......

XLII. After the examin%tion in the last prececlii~gSection pro~ide(1, and if the Medical Inspector shall,have given a cert,i- After c!samin:ttion and 3Iedi- ~alI~xpector's certificate, *:mi- ficate of the fitness of the %migrant to ernig~;a.te;tlie gation Agent to grant a Pass. Emigration Agent shall deliver. tothe Xmigrant a; Pa.ss, countersigned by the Protector of emigrants a,s hereinafter provided, stating the

:'l . "1L -.P thenanze and age of the Emigrant and the name of his father, and certifying that he is in a fit state of health to,eniigr&teto the place to which he 11as contracted to go.

examination and passing of Emigrants by the Emi- Protector of Emigrants to at- .g tend newally at oxai11ination gration Agent und& Sections XLI and XLII, and B and passing of Emigrants. 4 shall see that tlze Emigration Agent ina.ltes a11 such .j~ enquiries of tile Emigrants as it may be his duty to make ; and if sucli Pro- 8 / tector is satisfied with such enquiries, but not other- And to countersig~iPass. ; wise, he shall countersign the Pass granted by the. : Emigration Agent. 1.If any Emigrant shall ~vithoutgood and sufficient cause refuse Emiga,,tsrefusillg.to embargor neglect to embark when called upon by tlie Ernigra- lhot be cOml)enedto tion Agent so to do, it shall not be lawful to compel- such Emigrant ta embark or to p11t him on board-ship against his will, or to detain lziin aga.inst his will at the depbt or elsewhere : but ilothiiig in this Bectiolz shall be taken to diminish or affect in any way Proviso. the legal liabilities, Civil or Criminal, of such Ensigrant incurred by hinz by reasoil or in respect of his refusal or neglect aforesaid. Every case in which an Emigrant is charged before a Magistrate'of a Presi- dency Town mrith refusing or neglectsing to embark without good and sufficient cause, shall be heard aizd determined by such Magistrate in a summary irdllner, and every &ch laborer shall, 011 conviction, be punished in the manner provided in Section CCCCXCII of the Indian I'enal Code for the punishment of offences under that Section. XLV. Emigrants may leave India for 'any place ~bstof the Cape of 1 Good Hope to which emigration may be lavful under Time of sailing for places East oi Cape of Good Hope. this Acl, at all times of the year. For any such place West of the Cape of Good Hope, Emigrants may leave only between the thirty- first of July and the sixteenth of March, unless they , For other plabes. a embark in vessels using steam power, in which case they may leave at any time of the year.

XLVI. 1. It shall not be lawful to receive any %migrant on Loard ang -- Xmigrant ~lotto be leceived vessel unless a license to carry Emigrants in such otl board an udice*ed sllilj. vessel shall have been obtained from tlle local Govern- n~ent,and tlle granting or withholding ally suCh license shall be eiitircly dig- cretionary with the loch1 Government, 2. The

44 P t CJ 1 3 ACT Wo. XI11 OF 1861.

2. The Master 01. owner of any vessel who is desirous of obtaining a license to carry Emigrants in SUC~vessel, shall apply Application for license. in writing through the Protector of Emigrants to the local Government for such license.

3. Every application for a license shall state the number of men, miomen, and children proposed to be carried, exd the Kl~atto contain. tonnage and other particulars respecting thc vessel. ,

4. The l'rotector of Emigrants shall 'cause the vessel to be carefully surveyed by a coli2l?etent person, with a view to ascer- Sun ey of vessel. tail1 her sea-worthiness and the extent and nature of her accomlnodation for Xmigrants, ancl to ascertain that she is properly vent- ilated and is subplied with all the requisite tacltle for her voyage.

5. 'L'lle Protector of Emigrants sball make a f~dlreport on the survey to the local Government ; and if be is of opinion that Report after hur~pa; ;(lid CW- tificatc to Mastcr. the vessel is in all respects suitable for the carrying

of Bmigrants under this Act, but not otl~e~mrise,he shall give a certificate to ' that effect to the Master of the vessel.

6." I11 consicleration of his obtaining a license to carry li;migrants, the 1;011d to he esecttted b!: Master of every vessel intended to carry Emigrants &last,er. shall, upon the requisition of the Protector of Emi-

' grants and before any Emigrant shall embark on board of such vessel, executc in duplicate a bolld, in such form as the local Government shall prescribe, binding hilnself and his owners in a penal sum of ten thousand Rupees to conform to the several conditions in this Act provided. It sha,ll be the duty of the Pro- t.ector of Emigrants to require the Mister to execute such bond as aforesaid in duplicate, ancl to forward one copy of it to the Government of the place to -n-hich'the Emigrants are to be carried, and the other copy of it to the local i Government. , I XL\TII. I. KO certificate under the last prececiing Section shall be Space and accon>nlodatio,~rc- granted, unless there sliall be proyidcd for the Emi- quked on board Eliligrant sliips. grants, eitlier between decks or in cabins on the uppw declr firmly secured and entirely covered in, a space: clc,votecl to thcir exclusive use. Such cabins and space between decks shall ill ever! ],art hiwe a libigl~t of not less than five feet and a$llalf. 2. No E;o coinpartlvent shall Lake l-iiore than one adult Emigrant for every 3 2. d 9 ten superficial feet on declr, and for erery cubic space of seventy-two feet. i

1 '2 '2 3. A distinct and separate place sl~ailljc fitted up for a hospital in e~~or~-3 Emigrant Ship.

4. Womcn and children shall occupy a co~~ipa~rtmentof the'vesscl distincat . : and separate from the co~npart~mentsof the single men.

5, An Elxigrant above idle age of tell years $hall for the purposes of this Act count as an adult, and two children from one to Len years of age shall count as one adl~lt. XLvIII. 1. There shall be actually lacleiz and on board of every vessel I'rovisions, filel znc, water to carrying Emigrants, at the ti111e of the cieparture of )W sliipp~d9nd talien. such vessel from thc port at which the Emigi'ants shall in such quantity and of such description and quality as may he prescribed by any rule framed by the Governor-Gclzc~alof India iiz Council undel. geetion LXIII, good and wliolesorne provisions for the use and consumptioil of ttii said Emigrx?ts, miill fuel for coolrino,.- tlie same, oTTer aizd above the \~ictu~lli~lgoL" the Captain, Officers and cregr, and of the Cabin and other ?as- seagers, if auy, and a supply of water, ~~lliclzshall be carried in tanks or casks to be approved by the Protectors of Emigraizts, to the amount of seven sallolzs for every week of the coinputecl voyage for every Emigrant on hoa~dsuch ship or vessel. When casks :wc used they shall bc sweet and tight, of sufficient strength, and if of wood properly cliarred inside, and shdl not be capable severally of containing inore than tliree Jlundrccl gallons each : tlic staves of. the water casks sliall not b= made of fir, pine or soft wood.

2. 'Eve~ysuch vesscl shall, at the time of departure aforesaid, have actu- Surgeon, Madicines, 2111d stores a.117 013 board and shall carry wit,h her a properly qualified to be cal-ried. Buropean or Native Surgeon, and such Medicines and othcr stores in sucli quantity. and of such'cluality as may be prescribed by my Rules made under Section LX131. '

3. mThe11 ally vessel shall be destined to call at a port or placein the sum,!). mnter for ressddes- course of her voyage for the purpose of filling up 31er tinedto call at interme.liateporL. tanks 6r casksi a supply of water'at the rate hereinbefore mentioned, for evcry week of the probable voyagc to such port or placo of calling, shall be deemed to he a complia'nce with this Section. The probable leagtlz of the voyage to such port or place of ca,lling shall bc determined from time to time by the Protector of Emigrants, subject to the approval of the local Government.

01' f$,s .< 4. When any such vessel is fitted with Normandy's apparatus, otller

Incalls for worlring tlie same, a reduction shall be allowed of one-third in the .cyuantityof water required under this Section. 5. It shall l~ethe duty of tlze Protector of Emigrants aizcl of the iclInspect Protector and Illspector of , - , -. ,-

" ,)f the year. of Emigrants sliall personally see that every Emigrant 9 ? is supplied with at least one extra double blanket, and that, the same is placed wit11 his other dotlling or luggage. Every Emigrant sllall bb allowed to make use of such double blanlret so long as the vessel is outside of tlie Tropics.

2. Before anv vessel liceilsed to carry Emigrants shall be cleared out

ance, and from the Emigration Agent for the place to ~~hichthe Emigraiits are intended to proceed, certificates ~ulcier the hands of such Protector and Emigration Agent fcspectively, to the effect following, that is to say ;-.that such ~rotectorancl Elzligriitioll Agent have, in respect of the Emigrant's proceeding in such vessel, done all which is he~einhefore, by this Act required: to be done on the part of such Protector and Emigration Agent respectively ; axid

that all the directions contained in this Act, far ensuring tlie.health, comfort, a arid safety of the Emigrants, ha~~ebeen duly compl d with, as well as allesuch irules as the Governor-General of India in Council shall from time to time rake under 8ectioi1 LXIII. LI. The Vrotector of Enligrants shall, from the report of the 31edical !I ACT No. 'XI11 ok 1884.

of Emigraats. All such Rules sllall be published in the Gazette of India and shall 11a\~.c

their safe return to India, oe to provide a return passage to India for my

passasge,it sllall be lawful forthe said Governor-General of India in Council, by notificatio~lpublished in the Gazette of India, lo declare that emigration to place shall cease' and be.prohibited from a certain day to be specified in the notification.

day specified in the not'ificatiion : but such suspe&ion shall.not affect

c LXVI. During the time of such suspension, any provisions of this or of

During such suspension, all any other Act ill force for the time being, prohibiting the laws against ellligratioll shall be in force as to the 111lace emigration, or the aiding or abetting of emigration, specifiedin the notification. or the making of any contract for labor to be performed by any Native of India out of the British Territories in India, shall take effect and be in force so far as ;elates to the place specified 'in the notification, in tl~esan~e manner and to the same extent as if emigration to such plrrce

I,had never been declared to be 1aGful. 0 \ I.Whenever the Governor-General of lndia in Coullcil shall be satisfied that, in the place specified in any notification lte\~ocationof s~ispeilsioll. under Bection LXIV, proper measures have been talcen and will be adopted for the protcctioxx of Emigrants ilmnediately upoil their arrival thereat and during their residence thercin, and for the@ safe return to India, and for providing return passages to India for such Emigrants at or ACT h'o. XI11 oit 1864. about the time at which they are entitled to such retusil passages, it shall he lawful for tlie said Governor-General of India in Council to notify in the Gazette of India that emigration to such place shall again be allowed from a day to be specified in such notification ; and thereupon all the provisions of this or ally otlle~Act in force for the time being authorizing emigration to such place shall, from the day so specified, be revived and have the same force and effect as if such emigration had not bcen suspended, except as to ac2s done, offences committed, and proceedings comrneiiced during tllc time of such supension.

LXTTIIT. ,211 fees received hy ,my 34agistrate, Protector of Emigrants,

Fees received are to ac- or other Officer under this Act, shall be ztccoullted for counted for to Governlnent. to Governicnt in sucll manner as the Governor-Gener- a1 of India in council rimy disect.

mitted the offence specified in Section 363 of the Indian Penal Code: and

shall act or be employed as a Recruiter of laborers, or out being licensed. ACT No. XIII or 1~664.

or to an Xmigra,tion depbt, witllout such Einigrant haying appeared with 'the

For inattcing latlorcr to co,l- violence, fraud, ' or fdse pretences illcluce any c5r2ct hy fi-ad, kc. Native of 'Inrlia to enter into a contract for labor to be performed by him iil any place to ~vhichemigration shall be. lalvf~~lunder tliis Act, os to proceed to ally such place witllout having eiltcred illto ~i.nycontract ;

otllerwise ill treat such Emigrant on his jonrizey to the dep6t ; and whoever shall forward, send, or convey any such Brnigrailt other- nrise than is plaovided in Section,XXXVI, or to any house or place in or near

hd for not taking tilt the 'l'owns of Ca,lcubta, Maclras, or Bornbag respective- laborer to tile del)btforthe place Ig, other thah the dep6t 'fbr tile Emigyants for the place st which he has coutrhcted to at which such Gmigmnt shall have contracted to labor-shall be liable to s 'fine not exceeding fim hun~lrediluyeos. c

I'enalty for forwardiug labol.ers, 01% allowillg them to 60, without being duly registered.

being duly registered as aforesaid-shall be liable to a fine not exceeding fiue hundred lbupees. LXXIII; Whoever wfthout lawful t~,%tliority,shall issue any written per- penalty f(),. Llse rci,rwcnta- wailnsh. or order t~ the Police to 'assist liirnself or, any "' tion of GoGcrlmlent authoritj. oijher person to procure laborers to procecd to ally place beyond British India, or-sha1.lfalsely represe~ltthat such laborers arc, require< by! tlie Governlnent or are to be engaged on behalf of Goverallzent, shall be

any Emigraxit on board. in order to convey such Y ACT No. XI11 o~ 1564.

LXXV. If the Master of any vessel shall, at the port of Calcutta, the penalty for cieming' ~llip port of Maclra,~,or the port of '~ombsy,clear such ' witbout complying with rules. vessel for my place to which emigration shall be law-

talien on board. '

LXXVI. If the Master of any vessel shall, after having clewed such

l'enalty for taking 011 board aftel. cce%ra1lce, Elnigrants not ful unaer this Act, talie on board any Emigrant with- e~lterediu list. o-ut such Emigrant having been duly entered in the lists mentioned in Sectioils LIII and LIV, and in the manner in those Sec-

for fmaulent acts emigration shall be lawful under this Act, shall after whereby certificate becomes in- applicable to the altered state ~f having obtained a certificate in acc&dalice with the .

of any license obta;ined for the vessel a,s orjginallyv* described.

grants on baard, sliczll without seasonable excuse cftuse .or a.llow -his vessel to proceed froa~Garden Eeach to Sea, or to proceed ally

Reach a.nP1 proceeded ou her voyage witbin tlie time prescribedin Section LIX, ACT No. XI11 oy 1864.

LXXIX. - A11 the powers :vested hy law in the Officers of Customs in

any place to whicli emigration shall be lawful under this Act, aiicl of other offences apinst this Act ; and all l'ilots in the service of or licensed by Gov-

LXXX. Any Officer of Custon~sor Pilot who sliall wilfully make a false,

~+n~.l~~for false report erroneous, or incoiqlete report of 'the Ernigra.nts on ,Cwtoins Ofticer 01. Pilot. board of any'vessel, or who shall connive at the un.

a fine of five hundred Rupees.

Prosccutio~is miaei- tthls AC~ation laid at the instance of an Emigration Agent, 01.

before the Magistrate of tihe District, according as they shall be instituted for offences comkidted within or for offences committed beyond the limits

' . , of the 'Fowns of Calcutta, Nadras, &nd Bomljay . All fines impose$ under tlie authority of this Act may, in case of non-payment 1,evg of fines. thereof, be levied by distress and sale of tlie goods and el-mattels of the offender by warrant of the Officer imposing the fine. When a warrant of distress is issued, the said Oirrcer ma,y order the oRender to be detained and kept in safe cuitody until return can be convenieiitly made to such wa,rrailt, unless the offender -enter into a recognizance, wit11 or witliout suretks, honditioned for his appearance before him on the day appointed fbr such retuni, such day not being more than eight days from the time of taking. sue% recognizance; but if, before issuing such aamt of distress, it sllall appear to the office+ imposing the fine, by the admission of the offender or otherwise, that no sufficient distress. can be had within th'e jurisdiction of such sllaill,have been issued and upon the return thereof such iniufficiency as aforesaid shall be ,made to appear to the Oflicer imposiiig the finc, he shall, by Ivarrant, commit the offender to jail, there Lo be imprisoned with or without jlard labor, for any term not exceeding two moiiths ?heye the aruo~ultof the fine shall not exceed fifty Rupees, a;ncl for any term not exceeding fout. whew! the amount shall iiot exceed one hundred Rupees, and for any term not exceeding six iiionths in ally other case; the commitinent to he

within six years after the passing of the order imposiiig it ; and tlie death of after his death be legally liable for his debts.

ized may exercise the powers the of t,,c District Magistrate as defined in tlle Code of Criminal Proced- : I~II~CTthis AC~. ure, to perform tile duties aiid exercise'tlie powers by this Act assigned to and conferred on the Magistrate of the District: and every person so authorized shall i11 all respects for the purposes of this Act be deemed to be included in the words "the Magistrate of tlie ~istri&"

LXXXIII. So much of Section VIII of Act XLVI of 1860 as enacts

or Act VII of 1.862 ; but Section XIX to Sectioil XLI, both included, being provisions for ~egulatiilgthe of Native lal~orerswhich will have effect on the recruitment of laborers for British Colonies, shall, as pyovided in Sec- tion IV of the said A.ct XLVI of 1860, apply to emigration under the said Acts XLVI of 1860 and VII of 1862.

LXXXIV. This Act sliaJl come into operatioif' on. tlic first day of July 1864.

LXXXV. Nothing in this Act or in any Rule to be ikde lsg 'the GOIT- hct all& ~,~l~~,Inads ,,,,cler it ernor-General of India4in Coulicil under Sectioii LXIII, to '"1'~' to ccrtaill vessels. shall apply to any vessel in the sel-\.ice of tile Ilords '~~mmissiofiersof tlfe Admiralty, or to any of Ber Majesty" vessels.

J SCIT15DULX A.

relates to the Emigration of Natives of c. India to the Isla,nd of Ceylon. Act IV. 1852 ... To sineild the law relating to Einigrailt Ves- The whole Act. sels a,nd the Emnigration of La,hrers.

VII of 186%.

__ ___ ! --.

8 ACT No. XI11 OF 1864.

Act XLIX. 1860 ... Relating to vessels carrying Einig~ailt Pas- The whole Act. sengers to the' Rritisll Colonies.

Act. XXII. 186% . . . Relating to Emigration to the Britisli Colo~~ialThe wlde Aci. Dependency of Seychelles.

Office of the Protector of Emigrailts. at the Port of of' India in Council to be a Recruiter for engaging persons to proceed to e for the purpose of lal~orirlgfor lzire.

This license will be in force for one yeax only from this date. Dated the day of

' (Signed) C. D., Protector Lf avigvmts.

ACT No. X1V OF 1'864. -- ...... cg-,

f (Received the ussent of tlze Qouerfior-Qfi~e~aZ o?z the 18th fWurch 1864.) ! 1

An. Act to give validity to certai~~c~ts CCIZC~ p~~ceeC2ilzgs of tlze Joint Judge qc Zhc Iionkci~b.

'&~~EEEASthe Govcrmnent of Bombay is empowered under Act XXIX'. of 1845 to appoint, with the consent of the Governor- I'rean~blc. General of India in Council, a Joint Judge and a Joint $essions Judge in any Zillali of the Bombay Presidency, whenever the state of judicial business shall ~ndersuch appoiiltment expedient : and whereas on the twenty-fifth clay of Fclwuary 1863 the Government of Bombay appointed a Joint Judge and Joint Sessions Judge of the Zillah of the Konkan, and did not obtain the consent of the Governor-General of India in Council until the eleventh day of July 1863 : and whereas the High Court of Bombay has held that the consent of the Governor-General of India in Council alluded to in Act XXIW of 1845, signifies the previous consent, aiid it is therefore necessary to give legal validity to all orders aiid decisions passed and all proceedings held by any officer exercising the powers of Joint Judge and Joint Sessions Judge of the Konlran between the tweiity-fifth day of February 1863 and the eleventh day of July 1863 : It is enacted as follows :-- I. The consent granted hy the Governor-General of India in Council on I the eleventh day of July 1863 to the appointment by the Sa~lctiongiven by Govenlor- General to al>l>ointmentof Joint Government of Bonibay of a Joint Judge and Joillt Jndge of the IConlran to have effect as: if given before the 8essioiis Judge of the Konlran, shall have the same \ twenty-fifth of February 1863. effectas if it had been granted before the twenty-fifth day L- of February 1863, and 110 order or decision passed and no proceeding held

I in any Civil or Criminal case by any Officer appointed to the said office of Joint Judge and Joint Sessions Judge of the IConkan on or after the said twenty-fifth day of February 1863 and before the said eleventh day of July 1863, shall be deemed to be invalid merely by reason of such order or decision having been passed or such proceeding having been held without tlie consent of the Governor-General of India in Council to the appointment of ~ointJudge or Joint Sessions Judge of the Konkan having been previously given.

PRICE3 PIES,

ACT No. XV OF 1864.

i ~'ASSED BY THE GOYER~OR-GEKERALOF INIIIA 1N COUKCIL.

(Received Ihe assent of tJe Goverizo?.:General on the 24th JIarch 1864).

A??Act to amend Act TIIT of 1851 (fo~ena6liny Gove~nnzentdo levy ToZIron Pz~61ic Roads and B~idyeQ. WHEREASby Act VIII of 1851 (fov enabling Government Lo Zeuy lbZZs on Pulr- 1'reaml)lc. lic Roads s.nd Bridges) autliority was given for the levy of certain rates or Toll, not exceeding tlze rates melztiolzed in the Schednle annexed to that Act; and whercas it is expedtcnt t'o ma,ke certain alterakiolzs in respect to the rates in the said Schgdule nzentioizsd ; It is enactecl as follows :-

I. In any place to which this Act shall ~JCextended by the Local (foveru- ment, the Schedule to the said Act VIII of 1851 shall Scheclule of Rct VIIl of 1851 repealed, and anotlwr :1.chedttle. be of no effect cxoopt as to any pr~ceeding~lxndir~g :.at: substituted. the time at wllicI1 this Act shall be so extended and except as to any rate of Toll levied theretofore : and all the provisions of the said Act, applicable or referring, to the rates of Toll mentiolled iu tlze said Sclzsdule, shall be applicable and refer to the rates of Toll rnentionkd in the Schedule to this Act annexed, which shall 1x3 read with and talcen as part of the said Act VIII of 1851. # 11. Any person entrusted with the management of tlie collection of Tolls under Act VIII of 1851, may in liis discretion colzzpound < Collectors of Tolls >nay com- f! f! pound for TOUS leviable uder for any period not excseding ene year with any person for Act V 1 of 1851 or this Act. i &= a certain slltli 210 be paid by such person for himself or for any vehicle or animal lrept, by him, in lieu of tlze rates of Toll speoified i11 the Sohodule to the said Act TITI nf 1851 or in the Schedule to this Act.

111. The local Government may extend this Act to any place in ~vhiclithe ~his~ctwl~ere to l~sveol~ern. said Act VIlI of 1851 is in force ; and the looal Govern- tion ment of any place in which the said Act TTIIIof 1851 is not in force may extend the said Act VIII of 1851 and this Act to such place. 1 IV, For

PRICE6 PIES. 1V. For the purposes of this -4ct, the words "local Government" shall denote the person authorized by law to administer ex- '' Local Govcmment." ecutive Government in any part of the territories vested in Her Majesty by the Statute 21 and 2i? Vic, cap, 106, entitled " An Act for the better Government of India,"

SCHEDULE. Rs. A. P. On every four-~vlleeledCarriage ... -...... R O O On every two-nrheeletl Carriage ...... 100 On every Ekka ...... , . ... *.. ... 040 On every llaclrery on springs ...... 0 2 0 On every cart and hackery not on springs drawn by 8 bullocks, buf- faroes, horses, ponies, as$es, or mules, if laden ...... Ditto, if not lade11 ... . ., ...... On every cart aid hacke1.y drawn by 6 l~ulloclcs, buffaloes, horses, ponies, asses, or mules, if laden ...... Ditto, if llot laden ...... On evcry cart or h&lrery drawn by 4 bullocks, buffaloes, horses, ponies, asses, or mules, if laden ...... Ditto, if not laden ...... On every cart and backery &awn by R bulloclrs, buffaloes, horses, ponies, asses, or mules, if laden ...... Ditto, if not ladell ...... Buffaloes or bullocks, per licad, if laden...... Ditto, if not laden ... ., . ,...... On every elephant ...... On every camel, if laden ...... Ditto, if not laden ......

On every horse, if laden or ridden ...... o.. Ditto, unladen or led ...... On every tattoo or mule, if laden or ridden ...... no Ditto, unladen or led ...... ,...... 011 every ass, if laden or riclden ...... , ... Ditto, 1111laden or led ...... On evely sl~eep,or goat, or pig ...... On every palankeen, dooly, palna, or tonjoll with 8 hearers . . 4 t ... Ditto ... #.. ... with 6 bearers ... Ditto ...... with 4 bearers ...... Ditto . . ... with B bearers ... . a On every -foot passenger ...... , ... N. B.-Animals drawing ally vehicle for wvhicli Toll can be demanded are not to be also charged with Toll. REGISTRATION.

AREA NGEMENT OF SECTTOSF.

2. Repeal of i-nles relating to the Registration cf Assurance:: in ccrt:ii~. 'l'enitories.

3. Interprrtation.

4.. 'I'llc I-Iead Esecu'ciue Officel. of certain Territory may hr vwteti y,~ririrlt thc powers

conferred by this Act 011 local Qovernmcnt~s.

5. General llegister Office.

6. Formation of Districts and Suls-Districts.

'7. Establishn~entof Register Offices.

8. Appoiutment of Tlistrict and Depuc,y Registrars.

9. Duties of District Registrar of a Presidency Tow11 11ot~tlivitle,l into Fnb-T)istricts.

I ' 10. Provision for cases of absence of Registrars or vaca.ncy in the OfFice.,

11 . Salaries anc1 establishmente.

12. Seal of Office.

13. 4Certain Instruments not to be rec?ivecl ill evide17ce iu :lrlj- (hi1 ltroc.eec!i~ig unless registered accordii~gto l>ro\,i~i~n~of this Act.

Proviso.

I. Mode of deterillining thc valtce of the right, title, or int el-rsi aP;lc.!., ! 1;y ln\trnments requircd to be registered.

15. 011 refitsal to regieter, regular suit may 11e brought to tnfo1.c.c registratiol~.

16. Instrunlents whereof the registIration is optional. SEWIOS. \ 17. \";hat hstron~entsnot to he accel)tecl unless presented for registration within t\Gelve mollths after tl~ecornillg into operation of this Act.

1s. What Instri~mentsnot to be accepted tinless presented for registration witllin four inonths after execution.

1'3. What Instriun~entsnot to be accepted unless l)resentecl for registratio11 wit,hin two months after execution.

20. What Instrl~aleatsmay be registered at any time.

21. 111 what Office certain Instrnnlents to be presented for registration.

2%. In \\rluat Office other Instruments to bc preseatecl.

23. To \\;hat Officer Instriun~entsaffecting immoveahle property siti~a~tehl more than one Sub-District to be presented for registration.

24. To \vllat Officer Instruments in language not tiilaerstood by Depnty Registrar to

25. To what Officer Instrmneuts affecting imnoveable property situate in nlore than one District to be l~resentedfor registration.

9 2 Registration by Registrar Ccneral.

1 27'. Proceeclings in case of registration by Registrax General.

28, By whonl Instruments, with certain exc~pticns,are to be presented fol. ~~giq+~a€io11. * Jjrocle ox Registration.

29. Ellquiry before registration by the District Registrar or Deputy Registrar. 30. Entries to be iuade as to per,ons examined. 4 :3J. Mode of enforcing :~ttendance of person whose testimon] is required by Deputy Registrar.

3%., A1)plication \\-he11 to be made to District Registr::~. 33. Mode of enforcing atteilclance of person mllose evidellce is reclairecl by a. District Registrar or Registrar Genzra!. 34. Lam relating to attendance of \vitnesses in snit,s in Civil Cou1.t~to ;~l)l)lyto persons summonecl as -~iCnessesunder this Act. . . . 111 Sxwldn.. 35. Erasures or inter1iue:~tions i11 Instruments presellted for registration.

36. Particulars to be endorsed 011 I~lst~r~uneiltadmitted to registration.

37. ' Eildorselnellt by whom to be signed and llow to be certifiecl:

38. Regist,eretL Instrumeat to be copied and nunlbered.

39. Ancl retunlecl with a further el?dorsement.

40. The forwa,rding cluplicate abstracts of certain I~~strumentsregistered in the Offie of Deputy Registrar.

41. 'I.'he forwarding abstracts of certain Illstrulnellts registered in the Office of the District Registrar.

42: Such abstracts to be entered in General &gister Office.

IJees*c.en q$7'e(:li?~gRey%ste~ed fi~sh-umenf.7. 43. 111 ~~llstckises Memoralldum of decree affecting certain registered Illstru~nelltsto I>e sent to the Office in 1~~1lichsuch Instr~zmentshall have been registered.

Proceedings on receipt of such Memora.aclum. 44. 1) $5. To wlla,t IItegistrars Melnora,lldum of decrees aff'ecting immoveable property t,o be sent.

Regisrkutiorz @ IVills, Codicils, ancl AutAo~itiesto adopt.

a.uthority to adopt.

4.7. Such documents how to be entered.

48. l~iitl~dra~vulof such documents.

49. Proceedings.on death of depositor. Re-deposit of such documents.

5 1. Parties n~ayhave a,greement recordecl, [hat amou-llt secured by a written obligation shall be recovered without suit..

52. Obligations for the payment of money registered with such agreement may be enforced without suit. lkrs to be chaxged for registration &c. how to be fixed.

C Ilisposal of fees.

Fonr distinct Books.

Il~deses.

Registers of Wills kc.

1 nspection of Rcyi~lrrs ancl co~icmfentries.

4 CeneruZ R.rcb7.v.

Co~itrolof procerciings of Deputy Registr~~rs.

Revisiorl of orders of Depnty Registra:.~refusing registration.

No appeal from c:rder admitting to registration.

General control by Registrar General. Power to frame ltules.

Registratio11 to he made at a Public Ofice. Exception.

Ecnsolls for refilsal to register to be ~ecorded hy Ui~t1ic.t 'Rt:~ikfrar Registrar.

Time fro12 tirhich registered Tn~t~mrnentsl~all operate.

Priority of. cerlain registered Instruments.

Registry of hislruincnts exccuted by, cr on 1-e!:a!f of, C+o~-el.ll~l~cl~t.

False stateineilts before any Ofticer acting n~iderthis Act l?nw ~~nnislial~le ' ACT No. XVZ OF 1869.

PA~~EI)THE GOVBRNOR-GENERALOP INDIA1t.r COUNCI~,

(-Recdved tlze assemt of tke Governw- General MAthe 24th LW~rcl~1864.)

An Act to pvovide for1 the Reyistratim of Assu?wtces. WHEREASit ii expedient to consolidate and amend the laws relating to .Preamble. the Regist.ra,ti~nof Assurances; It is enacted as follows :-

REPEAL OF KEG[ILATIOMS AND IICTE. Ttle Xeguintioas and Acts and parts of Re,nulations and Acts set forth in 'I :I. the Schedule annexed to this Act are hereby repealed to the :I ,am repealed. extent mentioned ill tlie said SChodule, except in so hr as auch Regulations or Acts rescind other Regulations or Acts, and except as regatd~ li1strument.s duly registered ul-itler their1 or my of them before the date on which this Act shall come into operation.

* 11. Prom the date on which this Act shall be extended as hereinafter

Itcpenl of rules rclat- provided to'any part of British India ~IIwhich the ~egulations ing to the Registratio11 Acts ~nentioneclit1 che Schedille annexed to this Act are not of hasuranws in certain in force, all Rules and Regulations relating to the Registration of' Assurances i11 force in sucll part of British Indis shall cease to have effect, except as regards Instruments duly registered under any of t,he said Rules or Regulations in such part of British India.

DEFINITIONS. 111. The following words and expressions in this Act shall have the rneaniiigs hereby assigned to them, unless there be something in the subject. or con text repugnant to such construction-

The words " British India" denote the Territories which au.e or may become * vested in Her Majesty by the Statute 21 and 22 Vic., cap. '' British India." . 106, entitled "An Act for the better Government of Indi5" cept the settlement of Prioce of Wales' Island, Singapore, and 31alacca : The

PRICE4 ANNAS6 PIES. ACT No. XVI OF 1864.

'fhe words " Local Government" denote the person or persons authorized by law to administer .fhe Exe'cutive Government in any part of I' Local Government." British India : 4 4 The words " ear" and " month" denote a year or month respectively by '3 t$ "Year" and " monkh!' tllC Brit3ish Calendar :

(c Section: 1 The word " Section" denotes a Section of this Act : ,-a Words importing the singular number include the 'plural rtuinber ; words Xumber. importing the plural number include the singular iiunlber : Gender. Words importing the masculine gender include fema,les.

V. It sha1.l be lawful for the Gover.nor.Genera1 of India in an order to be publishe'd in the Gazette of India The Heail Executive Oacerof certain TelTi. that in any Territory under rheirnmediate administrstion of tory may ,be vested with the rpo+h coliferred .by the Governnient of India :the Elend Executive Officer of such t& *ct On local "a%xrnterits. 'f erritory shall exercise the powers vested by this Act in locd Goverr~ments,and thereupon such Officer shall, .f~r ,pul;posas of this Act, be the local Government of such Territory as definkd thlis Act. REGISTItATION ESTABLISHMENT. V. Every local Government shall estnblist~within the 'L'errit,ories subject such. Government., at such place as to it shall seem fit, Geueral Kegister Office. O.fice to be called the General Register Office, and shall point an -0ECicer to the ch,asge of such Office, who shall .be . the Registrar 'Gen of the Territories for which he is appointed. Nothing in this Act co .wake.it ~tnlawfulfor any Rcgistl~arGeneral t.o l~olcl si~nultaneously any o Office to which he may be appointed by the local Government. VI. For the purposes of t,his Act, the local Governrnent shall form Dis ~b~~~~i~~of niutl.iots a.nd shall divide such Districts into Sub-Districts, ,znd alkd Sub3istriota. prescribe and from tirne to time may alter t.he limits o 'Districts and Sub-Districts soformed. The local Goverrlment shall also for*thepurposes bf' this Act limits of the Presidency Towns of Calcutta, Madrbs, ant1 Bombay respec and every such Town hall for the purposes of this Act be deemed

. The . local Gqvernrnent ma.y; if it shall think fit so to do; Presidency ??owns respectively into sub-~ist&ts, and may from time to ti the 1ilni.t; of the said ~residenq'fowns and of the said Sub-Distficts the

, . 4 'Cke Districts and Gub-Districts formed under this Section, together with the .aD lidits thereof, urin every alteration of such limits, shall be forthrvith notided by 3 the "local Governrrient in the bficial Gazette. 1 VII. The local Government shall establish in every District an Office to '3 be styled the Ilistrict Register Office, and in evgry Sub- Establishment of Reg- 1% ~te? office^. Dist.rid an Office to be styled the Deputy Register Office. 1 VIII. The local Government may appoint such persons, whether Public 6fficers or not as it may think proper, to be District Registrars Appoihtment of Dis- trict md Deputy Regis- of the several Distrias, and to be Deputy Registrars of the tram. several Sub-Districts formed as aforesaid respectively : provided that, except in the said Presidency Towns of Calcutta, Madras, and Bombay, no person shalI at the same time hold both the Office of Llistrict Regis- t,rar and the Office of Deputy Kegistrar. iX. in each of the Presidency Towns aforesaid not for the tirne being I j)uties of District R~-divided into Sub-Districts, the District Registrar shall perform gistrar of a, Presidellcy Town not divided all the duties of a Deputy Eegistrar of a Sub-District under Sub-Dis'tricts. this Act in the same nxinner 2nd subject to the sarne rulks as if such Presidency Town were a Sub-District ; provided that there shill bi? no appeal under Section LXlI from his order. X. In case of the absence of any Deputy Registrar, or of a vacancy

l'rovision for cases of occurring in the Office of any Deputy Registrar, it shall be of Registrarsor lawful for the District Registrar to whom such Deputy vacancy in the office. Registrar is subordinate to appoint any person whom he may think proper to take ten~poral*ycharge of the Office of such Deputy Regi~tra~, and to register Instrurnents in the same manner as if such person hacl been appointed to the Office hy the'local Govert~ment. In case of the absence of any District Registrar, or of a vacancy occurrillg in the Office of any District Regis- trar, the Judge of the principal Court of original Civil j~risdict~ionof the Dis- trict shall, during such nbserlce or vicancy, be the District Itegistrar. In case of the absence of the District Registrar of a Presidency Town, or of a vacancy occurring in the Office of any such ltegistrttr, it shall be lawful for the Registrar General of the Presidency, or place, to appoint any person whom he may think proper to take temporary charge of the Office of such Registrar. XI. It shall be lawful for the local Governruent, with the sanction of the

Salaries and establish- Governor-General of India in Council, to assign such salaries as such local Government may from tiule to time deerxi proper, to the Registrar General, the Llistrict kogistrars, and the L)opoty 8rgistrars appointed

>_L-". .r ;a- ACT No. XVI OF 1864.

~fipoiiitedunder this Act, or to provide for the remuneration of such ,Officers by feits, br partly by fBes a.nd partly by sa.laries. It sha.11 also be lawful for'the 1oc.s~ Government, with the like sanction, to allow such Establishrneuts for the Gcilreral

. Register Office ancl for the Offices of the several District Registrars and Deputy :Registrsra as rnay be necessarv for the purposes of this Act. SIT. The Registrar Genera.1 and the several- District Registrars a~ldDeputy Registrars shall use a seal bearing the following inscription Seal of Office. in English and in such other language as the local Govern-: iuent s11all direct : ')

INSTItUMENTR TO BE REGISTERED. XI1 1. So Instrumellt being a deed of gift of inlrrloveable proparty, na

Certaiu Tnstruments lease ~f im~noveable property for a.ny period exceediug one , uOttObereceivedinevid- enee in any Civil proceed. year, 110 Instrument (other than a deed of gift cr lease as ,: ingunless registeredao- aforesaid) which purports or operates to create, declare, cording to yrovisir<~zsof , this AC~. transfer, or extinguish any right., tide, or interest of the value- ; 'of one hundred Rupees or upwards in any irnmoveable property, ancl no Instru-:? rnent which acknowledges the receipt or payment of any consideration on account4 of the creation, declaration, transfer, or extinction of any right, title, or interes as above, of such value as aforesaid, in any imlnoveable property, shall b received in evidence in any Civil proceeding in any Court, or shall be acted o by any Public Officer, if sucll Instrument shall 'have been executed on or after th date on which this Act shall come into operation, and if the property to whic such instrument relates shall be situate in any part of British India in which thi Act is in force, unless the some shall have been ~egisteredin the manner an within .the time prescribed by this Act. Provided that Proviso. th provisiond of this Section shall not apply to any lease exec11 between landlord and tena~ltrelative to land in the Presidency of Madras lia t.o the payment of revenue to Govel.nment, br~tany suclr lease may be register uncler Sectiou XVI, subject to the provisiorls of Sections SVII and XXX. , . XIV. For the purposes of this Act, the value of the right, title, or inter in any in~nlovsahleproperty created, declared, trailsferr Mode of determining, t~cvalue of the tight, or extinguished by any Instrument shall . be take11 to ', -title, or interest affected Instrulnents required the value indicated by the Stanlp afixzd thereto or impres "' tberecn under Act X of 1862 (to cohsolidate arrd a7 , lazu relaling to Stamp Duties), or under any other -Act for the time force for regulating the Stamp Duties. '

...,...... I., .. ACT So. YVI oF 1864. %1 XV. IE a District Begistrar or Deputy Registrar shall refuse to register a,n ' F On to registel,, Iristrument falling within the provisions of Section XIII, it regu1ar suit may 'le brought to enforce regis- shall bc laivful for any person interested to institute a regular tration. suit in order to establish liis right to have such Instrument registered, and the Instrument shall be admissible in evidence for the purposes of such. suit,. The District Registrar or Deputy Registrar who refused to register such Instruinent shall not be made a party to any such suit, but the Court may if it shall think proper order such District Registrar or Deputy Registrar to register the Instrument, and he shall be bound to comply with the order. The petition of plaint in any suit instituted under this Section shall be written on paper bearing a stamp of the value of eight annas.

XVI. On arid aftei. the date on which this Act shall come into operation,

Znstauruenis 17ltel.enf any of the follo~viring instruments executed on or after the the rcg&trr.tion is optional. said date may be registered under this Act :-

1. Any Instrunlent which purports or operates to create, declare, transfer or extinguish ally right, title, or interest of value less. Ghsn one hundred Rupees, in any immoveable property. 2. Any Instrument which acknowledges the reccipt or payment of any consideration on account of the creation, declaration, transfer or extinction of any right, title, or interest, of such value as aforesaid, in any such immoveable property. 3. Any lease for a period not exceeding one year. 4. Any Instrument wllicli purports or operates to create, declare, transfer, or extinguish any right, title, or interest in any immoveable property. 5. Any Will, Codicil, or Authority to adopt a son. 6. Any decree or order of Court or private award of arbitration. $- 7. Any Deed, Bond, Contract, or other Obligation.

XVII. No P~lstru~nentof the descriptions rnentiorled in Sections XI11 and

hat Instruments not XVI (other then a Will, Codicil to a Will, or Autliority to accepted unless prc- adopt a son), which shall have been executed before fhe date a for registration , on which this Act shall enme i~tooperation, shall be accepted tion of thisAct. for registration unless snch Instrument be presented for regis- ation witbin twelve months from such date, XVIII. No ACT KO. XVI OF 1864. XVIIT. No ~nstrumintof the descriptions mentioile(i in '+Sectiou. XTEI, which 'shall have been executecl after 'the date on which this Wllat Instrninents not to be accel~tedunless pre- Act shall come into operation, shall be accepted for registration seuted for registration within foul inonths after UI~CSSpresented for Chat purpose to the proper Officer within execution. ' four illoilths from the date of the execution thereof. XIX, No Instrument of any of the descriptions mentioned in Sectiorl XVI (other than a Will; Codicil to a Will, or Autllority to adop$ XVhat Instmments not to beac~e~tedunlesspre- a son), which shall be executed after the date on which this sented fo1- regishation nrlthin hue montlls after Act shall comc into operation, shall be accepted for registration; b execution. unless presented within two months from the date of thB B execution thereof. G XX. Any Will, Coclicil to a Wili, or Authority to adopt n. son inay at a ia 'What Instruments may tilne be registered the manner hereinafter provided, by t bere$ktere<1atany time. pel-son making such Will or Codicil, or giving such Authorit

PLACE OF UEGISTRATION. . XXI. Sr,ve as in th'is Act otl~ermiseprovided, every Instrument which p ports or operates to create, declare, transfer, or extinguish I11 what Office certain Instruments to be pre- right, or interest in any immovcable property, and . sentea for registration. Instrument acknowledging the receipt or payment of any sideration on account of the creation, declaration, transfer, or extinction of right, title, or interest in any irnmo~e~bleproperty, or any lease, shall be prese for registration in the Office, of the Deputy Registrar within whose Sub-Dis the property is situate. XXII. Every Instrument other than an l~istrumaniof the nature spec,! in the last precediizg Section, shall be presented for registr -In what Office other Inatl.uments to be pre- in the Office of the Deputy negistrar within whose jurisdi sented. such Instrurr~entis executed, or at any Itegistry Office the same local Government, at which all the pa,rties executing such Instru. shall desire the same to be registered, P XXIII. Every Instrument affecting immbveable property the rvhd

To what Officer Instru- which, although situate in one District, is not situate! ments arectiog iinmove- able prope~tysituate in Sub-District, may be presented for registration to any more than one Sub-Dis- ~e~istrarwithin whose Sub-District any part of such tlsict to be resented for registration. is situate. It sha.11 be the duty of such Deputy Begistr~ registering the Instrument, forthwith to causc to be made and to forwar2 thereof, endorsed in the manner prokided in Section XXV, to the District I$

,$ ...$ ACT No. XVI b~ 1864.

to whom he is subordinate, who shall register the same, and forward a copy of such Instrument and of the endorsement aforesaid, to every Deputy Registrar in his District in whose Sub-District any part of such property is situate, other than the Deputy Registrar in whose Office the Instrument shall have beea originally registered, and every Deputy Begistrar- who shall receive such copy shall forthwith register the same. XXIV. If any Instrument tendered for registration bc in a language ~vhich

ToNh~toEcerIllstru~ the Depury Registrar does not understancl, the Deputy Regis- luents ill langnagc not un- derstood by Deputy Reg- trar shall refuse to register the Instrnment, ancl shall isefel. istrar to be the parties to the District Registrar, who shall deal with the Instrumentin the same manner as he is required by this Act to deal with Instru- ments presellted to him in the Erst instance for registration. xXT(. Every InstrnmenfJ affecting iirlmoveable property situate in illore Districts than one, may be presented for registqation to the To what Officer Instru- lnentsaffectillg immovc- District Registrar of any such District in which ary part of able properky situate in 1norethanoneDistrictto such property is situate. It shali be the duty of such District be presented for registration. . Registrar, after registering the Irstrument, to cause to be made and to forward to the District Registrar of every District in which any other part of such property is situate, a copy of s~~cllInstru~nent, endorsed with . an attestation stating the date on which it was registered and its number in his Begisher Book. The District Registrar receiving such copy so forwarcled 2nd endorsed shall register the same as if it had been preseilted to him in the first instance, and. shall forward a copy of such instru~nentand of such endorsernerzt at, aforesaid to the Deputy LZegistrar of each Sub-District; within the local limits of his jurisdiction in which any part of such property is situate, and every Deputy lie- who shall receive such last mentioned copy sllall fortllwitll register the saine. XXVX. It shall be lawful for the Registrar General in his discretioil to

Registration by Regis- receive and register any Instrument of' the nature specified in ; tray General. Section XXX, which may be preseuted at his Omce for registration, without reference to the situation of the property to which the Instru- ment relates. In registering any Instrument under this Section, the Registrar

Gener21 shall follow the mode of registration- hereinafter prescribed for the registration of Instrunlents presented in the first instance to a District Registrar ar a Deputy Registrar. XXVII. It shall bc the duty of the Registrar General, on any such Instru- ment being registered in his Ofice under the last preceding Proceedings in case of registrationby Registrar Section, to cause to be made and forwarded to every District General. Registrar within. the local liinits of whose jurisdiction any part part of the property to which the Instrument relates is situated, a copy of suck Instrument endorsed with an attestation stating the date on which it was registered and the number in his Register Book: and the District Registrar receiving such copy shall register the same as if it had been presented to him in the first instance, and shall forward a copy thereof and of the endorsement aforesaid to the Deputy Registrar of.. each Sub-District within his jurisdictio:~ill which any part of such property is situate, and every Deputy Registr~~.who shall receive such copy shall register the same.

XXVIII. Every Instrument to be registered under this Act, not being a a, BY whom Instruments, Will, Codicil to a Will, or an Authority to adopt son, shall with certaill erceptiO1ls, are to be presented for be presented at the Office in which such Instrument is to be registration. registered by all the parties executing the same, or by the - heirs, representatives, or assigns of such parties, or by the authorized agents of such parties, or of their heirs, replqesentatives, or assigns under a, power of attorney special or general. But no such power of attorney shall be recognized for the purposes of this Act unless it shall have been executed in the presence of, and duly attested by, the District Registrar or Deputy Registrar within the local limits of whose jurisdiction the person executing the same resides if he reside in any part of British India subject to the operation of this Act, or if he reside in a part of British India not subject to the operation of this Act., unless it shall have been executed in the presence of, and been duly attested by, the Officer pre- siding over the principal.- Court of original Civil jurisdiction within the local limits . of whose jurisdiction the person executing the same resides. If the person executing sucll power of attorney clo not reside within any part of British India, it shall not be recognised for the purposes of this Act unless it shall have been executed in the presence of, and duly attested by, an Officer of' the British Govern- ment, or by a Notary Public where there is such a functionary. The provisions contained in this Section relating to the executioil of powers of attorney in tlie presence of the District Registrar or Deputy Registrar, shall not apply in the case of a Xative woman of a rank or description, which according to the customs of the country would render it impl-oper to require her personally to attend at the Office of the District Registrar or Deputy Registrar. In the case of any woman of the rank 01. clescriptio~i above mentioned, the District Registrar or Deputy Itegistrar, if satisfied that the power of attorney is the free and volun- tary nit of the woman by whom it purports to have been made, may attest the same witliout requiring her personal attendance at his Office. For the purpose of satisf'ying himself on this point, the District Registrar or Deputy Registrar may proceed or' depute some trustworthy person to the residence of tlie wtjri~an to ACT No. XVI (-IF 1864. a to take her exurnination in the niocle prescribed for tilltins evidence of Native i3 females of rank. 37 MODE OF REGISTRATION. 2 .; SXIX. 011 the parties to anj7 Irtstru~llerit, their lleirs, aclu~inistrators,or I assigns, or the agents of such parties authorized as herein- 13nclniry lhefore legis- 3 t~ationby the nistr~ct beforc p~ovided uppeariug before the District Ibt~gistrar or Registra1;Itegirtrnr or Deputy 1:egistrilr for the purpose of obtaining tl~cregistration G B of such Instru~netlt. Ile shall pl-occed to enquire whether such 4 Instrument was cxecutecl or ilot by all the parties thereto by who111 it purports 7 * to have been executed, nrld to sntisf'y himself of the right of ally person to f 1 appear as tl~cheir, acln~iriistmtor,or assign of any pn,rty rnhon~ hc sha!l claiul to 1 represent, or if any party shall appear. by agent, of' the authority of such agent. B 4 If' all tlie parties e~ecut~irlgthe Instsumcnt appear personnlly befox the Llistrict Registrar or 1)eputy Registrar and are personally liuomn to liiw, or in case they 3 'aI are not persot~nlly klio~vtito him if t,lluy satisfy him that they are the parfies they represent themselves to be, and if they all ndn~itttlc execution of tlie Instrun~ent, S?i l ,g or in the case of any party appearing by a~t~horizedagent if such agent shall i admit the execution of the Instrument, the District Registrar or Deputy Regis- 4"a trar shall register the sarne. .1 $ XXX. 'The District Registrar or Deputy Registrar shall eliter in the Reg- 3 \ ister Book the ilnIiie aid adtlress in full of every person whorn 3 i Fntrjes to be wade as he rnlrr esn~nineas to any of the mattrrs in the last precetlillg to persons examined. Section mentioned. I3 XXSI. If any party to an Illstrnmer~tshall require assistaucc to procure j

Node of enforcing at- the attentlance of a person whose testimony is iiecessery for tendanceofpelsO'lwhOsc testimony is reqlirrecl by the registration of such Instrutnent by a Deputy Eegistrar, ne1)uty Registrar. such Deputy Registrar lniiy in his discl*etion, and if such person shall be within the local limits of the j~~risclictionof such Deputy Regis- trar, issu~:a surnlnolls requiring such person to attend at the Office of such Deputy Registrar at a ti~enamed in such surnmons. XXXII. If' the person whose at.tendance is required is not vit.hi13 the local limits of the jurisdidtion the Deputy Registrar, the Agplication when to be of made to nistyict Regis- party to the Instrument who requires his attendance shall apply through the Deputy ltegistrnr to the District Registrar in whose District such person is, nncl the District Registrar nlay in his discredoll issue a like surnlnoris for the attendauce of such person itt the Office of such uty Registrar. XXXIIJ. The ACT No. XT7J OF 1864.

XXXIII. The l~ovisionsof the lust two preceding Seciions shall apply JIode of enforcing at- q?~ktkLsnzutanclis ,to all cases in whicli :L party executi~~gan teudanco of person whose evidence i5reqaired a Iristrun~e~~tsllall recluire assistance to procure the attendance Dktrict re gist ma^. or Registrer General. of a person whosc: tcstirr~onvis riecessary for the registratio11- of such Trlstrurnent by a District Registrar or by a Registrar General. XXSIV. The provisions of tlie Acts in force for tl~etime beiiig for pro.

Law rel,vtillg to c~~ringthe atte~ldaiice of witnesses, for the examinat,iou, of witllesse~ ill suits in Civil Courts remuneration, and puoisl-lment of witnesses in suits before lo apply to yelsous Civil Courts, shill1 he of equal force nud effuct in respect of summoned as m+tnesses 11nder thih AC~. any persoti sutnrnoneci to appear as a witness under the foregoing provisions of this Act. XXSV. No Instrument shall be accepted for registration if any interlinea- E1,asures or intel.liaes- tion, erasure, Or alterati~llsllall :tppear On such Instrument, tims in Inst~urnentgpre- sented for registration. unless the palmtiesappc'a.i-ing to register the sa.me shall attest with their signatures such interlinea.tion, erasure, or alt.erat.ion ; aricl it shall be the duty of tlie Officer registming such Instrumelit, at the time of registering it, to make a note in the Register of such interlineation, erasure, or alteration. XSXVI. On every Instrument admitted to registration there skiall b Particular3 to be endol-sed t,he following particulars,--that is to ssy- doraed on 11lst1.umentad- mitted to registration 1, The date and lzour of presentment. 2. The names in full of the parties executing the Tnstrument: andif i shall have been presented by the heir, representative, or assign, or by the age of any party, the name of such heir, rep)-esentative, wssign or agent. 3. The name and address in flill of every person .cvhosc cvidence m have been taken under any of the provisions of this Act. 4. Any payment of rrloiley or delivery of goods ~nadein the presence the District Registrar or Deputy Registrar. SYXVII. Tire endorsement sliall he signed by every party executin Instrument, or by his heir, representative, or assign, or El~dorsenientby whom tobesigned and how to agent, and shall be certified by the seal and signature hc certified. .District Hegistrar or Deputy Registrar. The Instrumen endorsed shall be prin~d fkcie proof on the production thereof in ally Court such Instrument has been duly registered in the manner ~rovidedin thi Provided that it shall be competent to the Court to require further evide suck registration if it shall see sufficient cause for doing SO. X XXVIII.

f9 ACT No. XVI oF 1864. XXSVITI. Every ~~strumcntadmitted to registration and eiidorsed as 1 hereinhefore provided, shall be copied in its appropriate book Pdgistered Instrument 1 to be copied and nam- accordit~gto the ur.;lelx of its preseutsttion, and shall be bered. llurnbered accordingly. XXXIS. After the provisions of Sections XXSVI, XSXVlX, and

letullled XSXVIII sliall have been cornplied with, the Instrument further shall be returned to the party who shall have preseu ted the same for registration, with a furt,her endorsement inscribed thereon and certified as above, containing the nunlber and page of the book in which the copy and the - registration of the Instrun~entshalf have been 111ade. X 1,. An abstract of every original Instrun~entaffecting iu~moveable property registered in the Ofice of any Deputy Registrar, shall The forwardiig duplicate abstlacts of certain with an er~clorserneritattesting the date on which it mas reg- Instruments registered in tlie Ofice of J)c)mty istcred'al~dits number in the Register Book of such Deputy Registrar. Begistxar, within seven days be forwarded in duplicate to tke District Regi~trar,who shall forthwith forward one of such duplicates to tlie 1 Gene~alRegister Office. XLT. A11 abstract of every original Instrument affecting imnloveuble prop-

The forwarding ab- erty registered in the Office of arly 'District Registrar, shall stracts certain Instru- n~entsregistered in the with an endorsement attesting the date on which it was regis- Office of the District tered and its number in the Register Book of such Ilistrict Registrar. Registrar, within seven days be forwarded to the General Register Office. XLII. On tlie receipt in tlie General Register Office, of the abstract of any entry made in any Register, the same sliall be entered in the Such abstracts to be entered in General lieg- Book NO. 1, 2, 3, or 4, described in Section of this Act, ister Office. as the case may be.

DECREES AFFECTING REGISTERED ,INSTRUMENTS. XLXII. When any Civil Court sliall by a decree or order declare any In- In what cases Jleulo- strument relating to iizlll~ovcable l~rbperty~vhicll shall have randum of decree affect- iug certainregisteredIn- been registered under this Act to be invalid, or when any Civil stnl~nentsto be sent to the Oficein n~c11such Court shall pass a decree or order affecting the validity or Instrument shall have been registered. otherwise of any such Instrumei~t.,and such last lnentioned decree or order shall create, declare, transfer, limit, 01. extinguish any title, or interest under such Instrument in the inllnoveable propertj7 to ~vhichit relates7 such Court shall cause a Metnorarldum of the decree or order to be sent to the Office in which such Instrun~entshall have been originally registered. XLIV. Whenever ACT KO. SVI OF 1864.

XLIV. Whenever any Yernorandum is received under the last preceding

Proceec~illg;; Section, a transcript thereof shall immediately be made in the of snch Memol*~ncl~trn. margin of the part of the booB in which there is any register of the Ilistrument aft'ected by ~uchMen~oranduin : and the District Registrar or Depnt,y Registrar shall forthwith trailsri~it a copy of such Memorai~durn to the Eegistrar General, and to every llistrict Rvgistrar and every Deputy Registrar in mIlose Office the said Tnstrument or any nbstTnct thereof is registered. SI,V. Rhen any Civil Co111.t shall by a decree or order create, declare;

To ,,.hat Registrars transfer, limit or extinguish any right, title, or interest of any Memorandirmaffectingin,,oeblepl of decrees person in any irlrnlorreablc property situate in any part of perty to be sent. firitis11 India ill which this Act is far the tiime being in force, such Fourt shall cause a Me~nol-andumof the said decree or order to be sent to every District Registrar and every Deputy Flegistxar within the local limits of whose jurisdiction such immoveable property or any part thereof is situate. Every such A!l emorandarn received by a District l>legistrar or Depnty Registrar shall bc entered by him in a book to bc kept for the regi~trat~ioliof decrees and orders: and a copy of such Metnorandun1 shall be sent to the llegistrar Geaeral.

REGTSTRATXON OF WILLS, CODICILS, AND AVI'HORII'IES TO ADOPT. XLBI. Ally person wishing to register liis Will, a Codicil to his Will,

3Iode of presenting for or any Instrument giving authority to adopt a son after his ~f~,"$t~t~~nt~~~;decease, shall eitlier personally or by a duly a~~thorizcd iw'~~~tllo~ityb~)ado~c agelii deliver such TlJill or* Codicil, or Instrument, in a sealed cover superscribed with tlle name of the depositor and the nature of the Instrument, to a District Registrar who shall, if the Will, Codicil, OY In- struinent be presented in person, satisfy hin~selfof the identity of the person preseiltiilg it, or if the Will, Codicil, or Instrunlent be presented by an agent, shall satisfy himself of the authority of sucll agent as p~ovidedin Section XXVII I. XLTrII. If satisfied as abo~-c,the District Ttegistrar shall enter lhe

docl,nlellts hol,. receipt of every sealed cover delivered to him under the to 1)~entetecl. last precediiig Section in the Register of Deposits of TVills, Codicils, and Instruments gil-ing authority to adopt, transoribiilg therein the superscriptioil on such sealed coveT, and noting in the Register and on the searled cover the year, nlonth, day, and houy of such receipt, togetlier wit11 tlie name of the depositor, and the nanw of each of the persons testifying to the identity of sixcll clepositor, and the inscription so far as it is legible on the seal of the depositor. Ylie District llegistrar shall then place the sealed cover in a fireproof box to be supplied by Qovcrnnleiit for that puiyosa. XLVIII. If the ACT No. XVI OF 1864.

XLVIII. ;I;T tlze deposihar of any such sealed cover sliarll ~vislito mith-

M7ith&.amaJ of sucli draw the same, it shall be lawful for him to apply by peti- domments. bioiz to the principal Court of original Civil jurisdiction having jurisdiction where the sealed cover was deposited, for an order that tlie same he given up to him. If 'the Court shall be satisfied to the identity with the depositor of the person applying for such an order, it nzay if it shall see fit make such an order as applied for, and the District Registrar in whose Oflice the sealed cover was deposited shall deliver up the same in obedience to the order.

Xi&=. If on tlze death of tlze depositor of a sealed cover under Sec- tion XLVL, application be made to the District Registrar Proceeclings On death* in whose Office the said sealed cover was deposited to open of depositor. the same, the Bistrict Begistrar, ,after satisfying himself that .the depositor is dead, shall in the presence of tlze person xnaking such application ope11 tlie sealed cover, aizd shall enter a copy of the contents thereof, to be made at .the expense of the applicant, in a jaegister of TVills, Codicils, and Instruments giving authority to adopt a son. WThen such copy

~e-deposit of such shall have been entered, the District Registras shall re- documents. depqsit the original Will, Codicil, or Instrument, until requii-ed to produce the same in a Couyt of Jus t' ice. L. The District Registrar shall furllislz to any applicant who sha,ll pay to hiin the fees payable under this Act in respect thereof, a Copies of Mrills re-deposited to be furlfished copy authenticated by his signature, of any will re-deposit- on payment of fees. ed -un&er the last-preceding Sectioiz. And ally copy certi- , fied by tho Ilistrict Registrar to be a true copy, shall be evidence of the contents of the Will, Codicil, or Instrument giving authority to adopt, of ~vhicll it purports to be such copy.

LI. Whenever the parties to a, bond or other written obligation for the

Parties mttg I,ave pay~neiltof money, shall at the time of registering the same ngreement recorded, that amount secured by a under the provisions of this Act apply to the District Regis- written be recovered without trar or De-pty Registrar to record their agreement, that in suit. the event of the bond or other writtell obligation as aforesaid not being satisfied within the time stipulated the anzount inay be recovered as bereinafter provided without a suit, it shall be the duty of the District Registrar or Deputy Registrar, after illamkingsuch enquiries as he may think proper, to record ACT No. XVI OF 1864.

-. record such agreement at the foot of the endorsement required by Section XXXVI? and such record shall be signed by the District Registrar or Deputy Registrar, and by the parties to the bond or other written obligation as aforesaid. LII. A bond or other obligation for the payment of money registered with

tofor he such agreement as in the last preceding Section mentioned, ' paymentof money register,, ~th,ch agree may be enforced without a suit by any Court which would ment may he enforced without suit. have had jurisdiction to try a suit on such bond or other obligation for the recovery of the amount, provided that the application for the enforcement of the same be made within the period of one year from the date on which the amount became payable. The bond or other obligation as aforesaid shall be enforced as a decree in a suit under the rules applicable to the execution of decrees in the Court in which the application for enforcement is made, but subject to any provisions contained in any law for the i time being in force, in relation to the enforcement, without a suit, of bonds or t other obligations for the payment of money registered with such agreement as t I aforesaid. The application for the enforcement of a bond or other obligation for i Sectioa I t'he payment of money uiider this shall bc written on a stamp paper of one-fourth the value prescribed for a petition of plaint, in a suit to recover the same amount, under the provisions of Article 11, ScheduLe B, Act X of 1862 (to con.solidate and amend tie law relating to Stamp Duties), or any other law for the time being in force for regulating Sta~npDuties.

REGISTRATION FEES. ' LIII. Subject to the approval of the Governor-General of India in Council, the local Government shall 1Jrepare a table of fees , Pees to be charged fol. registration kc., how payable for the registration of Instruments, for searching. to be fixed. the Registers, and for making or granting copies of entries, abstracts, or Instruments, either on registration or search. Subject to tlie like app~oval,the local Government shkll also prepare a table of special additional fees payable for every registration by a Registrar General under Section XXVI, and for such other matters as shall to the local Government appear necessary. The local Goveriiment may from time to time subject to the like approval alter such ldhle. A table of the fees so payable shall be published in the Official Gazette, and shall be exposed to public view in every Office established for the registration of Instruments, and no Instrument, shall be accepted for registration, and no copy shall be granted, and no search shall be made or allowed until the fee duly prescribed in that behalf shall have been paid. LIV. All ACT No. XVI OF 1564e.

LIV. All fees received under the provisions of this Act (not being fees payable under Sectioli XI of this Act to Officers who are flisposal of Fees. paid wholly or in part by fees), shall 6e remitted to such Treasury as the local Government shall direct, and be credited to Government,, 1 REGISTERS. LV. The local Government shall provide for the 9ffice. of every Registrar . General, District Registrar, and Deputy Registrar, such books Books. as may be necessary for the purposes of this Act. The books so provided shall contain such printed forms as shall from time to titne be prescribed by the Registrar General, with the sanction of the local . Porllls. Government, for the entries to be made therein and for the indexes to such books, and the pages of such books shall be coiisecutively nutn- bered in print, and the number of pages it1 each book shall be certified on the title page by the Officer by whom such books shall be supplied. T11e local

Fire-proof bores. Government shall 'further supply the Office of every District Registrar with a fire-proof box.

LVT. 11: eyorTTUL~Generd Register Office, and in the Office of every District Registrar and Deputy Registrar, four Books shall be kept, Four distinci Books. which shall be entitled- 1. Register of absolute transfers of immoveable property. 2. Register of other transfers of immoveable property. 3. Register of decrees and orders of Court and of awards of arbitrations. 4. General Register of all other Instruments for the registration of which provision is made in this Act, and the entry of which is not required to be made in any other Register. . LVII. All entries made in such books shall be numbered in a consecutive ~n which book certain numerical series wEich shall cbmmence and terminate with instruments to be registered. the year, a fresh series being co~liu~encedat the beginning of each year. Whenever any Instrument for the registration of which application may be made, refers to immoveable and also to moveable property, it shall be entered in Boolr No. 4 and also in BOOITNo. 1, 2, or 3, as the case may be. LVIII. Two Indexes shall be prepared for each Xegister, one containing the name of every party to every Instrui~~entregistered, and Indexes. the other in the case of inlinoveable property containil~gthe name of the village or place where the property is situate, together wit11 a description of the property and its name, and such other particulars and in such form as the Registrar General shall frorn time to time prescribe under Section LXIV. LIS. .FJvery ACT No XVP or 1864. - LIX. Every District Registrar sliall, i11 additiou to the books prescribed in 4 4 Registers of wills, kc. Section LVI of this Act, keep two books, to be entitled- 4 Register of deposits of' Wills, and Codicils to IVills, and Itlstruments giving*- 34 authority in adopt a sun, as provided i11 Section XLVII. 1 3 Register of Wills, Codicils, and lhst~umentsgiving autliority to adopt a son, as provided in Section XTJIX. 3 I,X. Subject to tlie previous payment of such fees as may be payable in i lllspection ofnegisters that behalf, tlie Registers i11 tlie General Register Offices and 1 and copies of entries. in the Offices of all District Registrars and Deputy Registrars '! shall be at all times open to inspection by any person applying to inspect the ; same, and certified copies of any entry in such Registers shall be given to all j perJon's applying for such copies. Provided that the only Registers to bsinspected a sliall be the Registers No. 1, 2, and 3, specified in Section LVI, ancl the Register : i specified in Scction XLIX, Ii GENERAL RULES. 1,XI. Every Deputy Registrar shall perforin the duties of his Officc undcr tlie superintendence and colltrol of tlie District Begistrar in Control of proceed. ings of Deputy Regis- ~1110seUist.1-ict the C)fice of such C)eputj7 Registrar shall be trars. situate; and the District Registrars shall have aut1iol.it.y to issue (whether on cornplaint or otherwise) any orders they may consider necessary in respect of ally proceeding or ornissiqri of ally Deputy Registrar subordir~ate to tbe~n~.. LXII. Every District Registrar rnay revise or alter ally order oi; tiny Deputy ltegistrar suborditlate to hill), refusing to adillit a document to Bevision of orders of ~e11utyRegistrars rehs- registration, if an appeal against such order be ljreseiited to ing registration. the District Registrar within thil-t,~days froni the date of the order, but not otherwise. LXIII. No appeal stlall lie to the District Registrar from No apl~ealfro111 order admitting to r~gist~va- an order of a Deput,y Registrar ad lnitting an Instrument TO tioii. registration. LSIV. The Registrar General shall cxcl*cisea general superiliteiiderlce ovcr General control all the Register OEces within the local liuiits of his jurisdic- Begistrar General. tion, and shall have power from tilne to tiine to frame rules not Po\ver to frme Rnleso iiicoiisistent with the terims of' this Act, for the guidnuce of the District Itegistrars and Deputy Begistrars subordillate to. hill?, for regulati,ng the proceediugs of these OKicers, aud for providing for the safe custody of books, papers, and Instruments, and also for the destructiorl of such books, papers, ahd Instrunients ACT No. SVI OF 1864. Instruments as it mag be deemed to be no longer iiecessally to keep. The 'ules so framed shall be subinitted to the local Government for approval, and after they sl~all*havebeen approvecl, they sllall be published in the Official Gazette, and shall have the same force as if they west inserted in this Act. LXV. The registration of all 1ustrument.s under this Act shall be li~ade

Registration to be only at the PuMic Office of the OAicer ~vboseduty it shall be made at a Pu1]lic Ofice. 40 ~egistertlie same : but any District Registrar or Deguty Exception. Registrar mag on special cause being shown attend at the place of residence of' any party intending to execute any Instrument,, or of any pe,rson desiring to deposit a Will, Codicil, or Authority to adopt a son, Every ! Deputy Registrar go attending sliall within t~venty-fourhours report to tlie Dis- trict Registrar to vhom he is subordinate the fact of his having attended and his reason for so doing. LXVI. Every District Registrar or Deputy Registrar who shall refuse to Reasolls for I.efusalto register an Tnstrumeiit, aiid every District Registrar who shall register to be recorded by Distl.ict Eegistrar or refuse to order ail Instrument te be registered, s!~al! record Deputy Registrar. his reasons for so refusing, and on application made by any party t.o the Instrument and 011 his furnisl~inga stamped paper of the value of

eight annas, sllall give liini a copy of the reasons so recorded. ' LXVII. A registered Instrument shall operate from the time from which Time fromwhich regis- it would have conlnlenced to operate if no registration had tered Instrument shall operate. been required or made, and not from the time of, its registration. LXVIII. Every Instrument of the descriptions mentioned in Clauses 1

Priority of certain reg. and 2 of Section XVI shall, if duly registered, have priority ktered Inetmments. to any other Instrunlent relaling to the same property, whe. ther such other Tnstrumeut be of tlie same nature as the registered Instrument or not. LXIX. It shall not be necessary for any Officer of Goverr~rnentto appear in person for the purpose of regist#eriuga tly Instrument, hut Registry of Instru- ments executed-by, oron when any Instrulnent is executed by, or 011 behalf of, Govern. behalf of, Government. ment, or by any Court, Board, Cotumission, or Public Office on behalf of Government, the District Registrar or l)clput!7 Registrar to who111 such Instrument is presented for registration, may if he ~PPIIIit llecessary refer

to the Head Officer of the Court, Board, Comn~ission,01. O!E<*e(111 \vhose behalf

such Instrument was executed, for informatiou resl)ec:r i !tc ' 1111 $:I lue, and on being satisfied of the execution thereof shall register the 11\.;t +I: XX. If any AOT No. XVI OF 1864. LXX. If any person shall ~vilfullymakc! any false statelllent in any clepo-

Fnlaestateulentsbefore sition or Ciecl'clrt~tiorlmade by him before any Oficcr actirig in !tlly Officer actirlg wder :his Act how punisli~ble~ executi011 of this Act, in any proceeding or enyui~qyunder the provisio~ls of this Act, he shall ,be deemed' guilty of the ofl'ence of giving false evidence as defiued in Section 191 of the Indinu Penal Code. 'LXXI. 'Phis Act shall come into operntiotl on the first day of J:\nuary 1865 in the Presidencies of Bei~gal, Rlpdras, and Rornhay. C!on~mencc~ncntof Act. This Act shall not come into operation in any other part of British India u~ltilit shall be extended thereto by an order of the Govesnor- General, of India in Council, or by an order or tjtie local Gover~iment,to be notified in tlie Official Gazette.

SCHEDULE..

. .. :~. .: . .

* ACT No. XVI OF 1564. --- I - Extent of R~epeal.

I Reg. XX, 1812 . , . / Bengal Code I: For modifying some of the i 1 provisions contained in the i i existing Regulations respect- I ing the registry of Deeds, The whole Regula.tion. and for esta.blishing a Regis- I i ter of eng-agenle~ltsfor the delivery of Indigo. J Reg. IV. 1824 Be~~g-alCorli To provide more effeat~~allyfor the Office of Register whole Regnla,tion. 1 I ! Deeds.

Reg. VII. 1832 ... Bellgal Code For modifying certaill of the 1 l~rovi.sionsof Regulatioii V. 1 ! 1831 and for providing Sup- $. Section IV. i I plemen-tary Rules to that en- I ; I 1 nctment. J I Reg. XVII. 1802 . . . / Madras Code For establishing a registry fo~ b ! 1 Wills arrd Deeds for thetrans- The whole i fer or mortgage of real property.

Reg. XI. 1831 . . . Code To niore effectually for $1 F the Office of ICegister of whole Regula,t,ion. i Deeds. t - Reg. IX. 1821 .. , ) Bombay Code For estal~lishinga Register of Title Deeds and a general 7 ,. : . . Register of Deeds, obliga- I The whole Regulation. t tions, and other writings, i11 I each Zillah subordillate to I the Presidency of Bombay. ,I I Reg. - XIII. 1828. . . . For ennl~lingAssistaJudges, 7' when expedient, to keep the I Registers prescribed by Re- } The whole Regulation. .. gulation 11 of 1827-, when I sta,kioned in the Districts. J

--. - - -- ... . -. (I -lCT No. XVI OF 1864. f

I I &Turnher and date of I Extent of Repeal. Acts. I I -__- -._---._-_I___--.-_ ...... _ -- - - Act XXX. 1838 . . , 1 . , ...... Ti:e whole Act . Act I. 1843 ... For amending the Law co~lceruiugthe registration of ~vrittenConrrejrances and other Iilstrnmeuts affectiny titles and other ia- terests to lancl.

Act XIX. 1843 For amending the IJ~TVresl~cctiiigthe Regis- tratio~iof cert,aii? Deecls.

Act IV. 1845

I Act XVIII. 1841'7 &'ole curing the iiivalicliti in the 1-egistration i of Deeds arising from the fact of liaving I been registered by persons not duly ap- pui~r'tedor 011 oiher than i;olu.t days. I Act XI. 1851 ... For the custocl-jr of Registers of Deecls in the Presidency of Bengal.

Act XXJX. 1856 ... Concerning the taking of Oaths of Office yhe whole ~~t. by 3.egistdrs of Deeds. I Act 111. 1859 ... For coiiferring Civil Jurisdiction in certain cases upon Cailtoiiment Joint Magistrates, sectionsJX and X. and for coastituting those Officers Registers of Deeds.

ACT No. XT711 OF 1864.

{Receivecl the assent oJ the Governor-General on the 24th Jlarcli 1.864~.

W~XEIZEASit is expedient to anlencl tlie law relating to Official 'I'mstees, a,nd to constitute an Office of Official Tmstee; It is 1're:tinble. enacted as follows :--- I f I. r11p3 c-11 .: ..-,---,..J t I LVIIOI+~II~M'UIUS aid ~~~PYCSS~O~ISiii tliis Act shall liiiie illt: rueullings hereby assigned to theiii unless there be solliething in the Interpretation. context repugnant to sncli construction, that is to say :- The expression "High Co~~rt"shall illeail Her Majesky's High Courts of Judicature at Fort' 7Villia.ln in Bengal, Fort St. George, "High Court." and Bombay respectively in tlle exercise of their original Civil jurisdiction. The expression " Chief Justice" shall nlean the Chief Justice or Acting Chief Justice for the time being of any of the said High " Chief .Jnstice." Courts .

I< Person.:' The maid " person" shall include a corporation. Words importing the siilgular number shall include the plural, and words Nnmbcr. importing the plural nuiliber shall include tbe singnlar.

Words ilnporting the n~asculinegender sllall include Gender. females.

11. Act XVII of 1843 (for Ilie U/~JO'~~L~IILCI/~- q*0~ci~Z ~~~~sIccN i/r cei~tui?~ cases) is hereby repealed except as to ally proceedings Act XVII of 1813 repealed. or a11y Trusts now vestec\ in an Official Trustee under it, and except so fdr :as that Act is iilade applica1,le to the Settle- ment ACT No. XVII OF 1864. 111ei1t of Prince. of Wales' Island, Singapore, aaid Malacca,, by Act SIV o' 1.852 (fi7. ccz>lezdinythe ~~lavisioizsof Acts XIYITT c.f 1841 nnd XTTTT tf 1,843 /o lhp 8I~(b-ils',SyeZtlenaeszf_l.

JL1. Xvery Official Trustee appointed under the said Act XVIT of 1843

Trustee Act shall, saITe as regards the reilluneratioll to be received l,y XV1l to act as if nl)- 1)ointod under thiq Act, save as llinl, hold and execute the Trusts of wllich be is Trustee in ~egwciaremuneration all respects as if he were an Official 'l'rustee appointed ~xnderthis Act.

IV. :Ln each of the Presidencies of Fort Willia~llin Bengal, 'Fort St. George, ,hl OAicial Trustee to be ap. and Roi~ill~ajr,there shall be a,n Official Trustee. The sa,icid pointed in eacE Presidency. Official Trustees shall be ca,lle.d the Official Trustee of Hengal, t11 e Official Trustee of Madras, and the 0-fficial ?'~.ustes of' T30rnba~y- reslxctively.

V. Every Official Trustee appoiilted under this Act shall be appointed and Appointment, susl>ension, arid may be sus1)ended iii' rem~~~edfr~m 11-3 Office hy the r~nloralof Oficial T'rustecs. authorities hereinafter nailled, that is to say-

The Official 'I'rustee of Bengal by the Clrief Justice of Her AZajesty's Hig.11 Conrt of Judicature at Fort VlTilliain in Bengal. Tile Official Trustee of Madras by the Chief Jnstice of Her Ma.jestY's FIigll Court of Judicature at Fort St. George.

Tlie Official Trustee of Bombay by the Chief Justice of Her Majesty's High Cowt of Judicature at Bombay.

I, The Adlllinistrator General or Officiating Adinini~t~atorGeneral for the time being of 'any of the said Presidencies shall be eligible Admioistr+tor General lua~ be sl~ointedOfficial Trustee. for the Office of O&cia,l l'rustee of that Pre.side1lcy. :Eve13r 0f'iicia.l Trustee appointed under this Act shall give security for the due esecution of the duties of his Office in such ~nanl-tera,nd to such Seciirity to bc givcn lq 0ffic:ial T~nstre. a.1nou11t as the Chief Justice by wlioin he is al~poiilted . sh all direct.

I.It shall be lawfill for tlle Chief Justice of the Wig1 Court at any of tlle Presidencies, from time to time, to grant leave of Leare of absence of Oficial lirnstee, appointment of a absence to tlie Official Trustee of that Presidencj-, but l,el.on to oficiate for lliin. sul~jectalways to such and the like rules as may he for the ACT No. XPII OF 1864.

Idic time being in force as to leare of absence or tlie Officers aktaclied to such High Court. Wllenever ally Official Trustee sllall oktain leave of al)sence, it shall I)e lawful for the Chief Justice to appoint some persoil t.o c)fficiate as Official Trustee, and sucll person while so officiating shall be sdbject to the sarrie condi- tioils a'11d be bound 11y the same responsilsilities as the Official Trustee, -anel he shall be deeilzed to 1)e t,l~eOfficial Trustee for tlie tiilie being ~ulclerthis Act., a,iid shall be lia,ble to give security for the due esecutioil of' the duties of liis Office in 1ili~: riiallner a.s if lie had been appointccl Official Trustee.

VIII. If a.11~persoil shall be about to grant, assign, or settle any property

Oliicial 'I'rostee may, ,,.itll moreable or imlnorea.ble, of wlmt nature or lrind soever, consent, be appoi~~tedTrurrtec 1111011 a. of a settlement by grantor Prq or nibject to any Trust, ~vhetherfor charitable pnr- pose or otl~erwise,it shall be lawf~1lfor such person, witll tlie conseilt of the Official Trustee, to appoint him, by the cleed crcating the Trust, to 1)e tlie Trustee of sucll scttlement ; a.nd uyo11 sucli ap1)ointment the propel-ty so granted, a.ssignec1, or settled shall vest in such Officer a.ilcl his successors in Office, and shall be held by liim a.nd them ul~onthe Trust declared and coiltailled i11 t,lie said deed. Provided always that the consent of the Officiai Trustee shall be recit- ed in tlie said deed, ailcl tlmt the deecl shall be duly esecnted 113. tlie Official Trustee : provided also that no Trust lor ;my 1.eligious purpose shall ever be held ' 1))- the Oficial Trustee, under tllis or under any otlzer section of illis Act,.

IX. Every 0Ficia.l T~.ustee apyointecl Trustee of a,ny property under the

' 03cial TrusLee appinle,, ,ill. , last preceding Section, shall be entitled to receive by way tler last preceding Sectioll, to ~.eceir.eonly tlle remunerat~io~l of remunera,tion in that bbehdf such sum or sums only as spec.ified in the deed. he' shdl by t,he deed of' settlelnellt be clecla.red to he entitled to receive.

X. If any property is sn11,ject to a Trust, whether for a charital~lepurpose

Under what otller circmn- or otliermise, and there sllall be no Trustee ~rillingto act stances Official T'rusteclna~ :~ppointed 'I'r~~steeof any pro- or capable of acting in tlie Trusts thereof, who is witllili 1)wtjy. the local liinits of tl~eordinary or estraordinarg origillal Civil jurisdiction of the High Court, or if property is subject to a Trust, and all the T~u~tees,or tlie surviving or colzti~lui~zgTrustee aid all Llie persons beneficially iilterestecl ill the said Trust, shall be clesirous that the Official Trustee sllall be alq)oiizted in tlze room of such 'I'rnstees or Trustee, then aid in any such case it shall be lawful for the High Court on petition, ajncl with the consent of tlle Official Trustee, to appoint the Official Trustee to be tlie Trustee of such property : and npon such apl)ointine~ltsucli propert? sliall vest. in tlic Official Trustee aid his successC)rs ACT No. XVJJ OF 1864,.

in Office, and shall be held by hiin and them uq~ontlie same Trusts as the salne were held previous to such al~pointment.

XI. * The Official Trustee shall be elltitlccl by may of remuneration, in respect of all Trust property transferred to llim under the last Rate of commission mlder las,t precediiig Sectio11. preceding Section, to a colnnlission the rate of wl:icll shall be as folloivs, that is to say,--

011 a11 capital monies rcceised by lli~n,a co~nlnissiollof one haJf per cent. 011 receiving the sanle. On all capital nlonies invested by 11i111, a con~ntissionol one llalf per cent. on in- vesting the same.

t On, all sullls received by lli111 by way of interest or dividends in respect of nlonies invested, a colnmission of three quarters per cent. On all rents collected by him, a con~nlissionof two and a half per cent.

XTI. T!:c OEcial Trustee shall defray dl the expenses of the esta,blishnlent I what slpeuses, kc., comlllis- necessary for 11is Office, including the provision of Office aion to cover. i: apcommodation together with all other charges to which ! ! the said Office shall be subject, except those for which express provision is made by 1 this Act, and except those costs of litigation and the like ~vhicha Trustee would, under ordinary circun~staaces,be entitled to pay for out of the Trust monies in llis haild. The comlnission to which the Official Trustee shall be entitled, is intended to cover all the expenses a,11d risk and responsibility of managelllent, collection, ancl distribution.

XIII. It sllall in no case be lawful to appoint the Official Trustee to be a I- 111 all cases Oficial Trustce Trustee id011g with any other person : but the Offcia] to be sole Trustee. Trustee sllall always be sole Trustee.

XIV. The Official Trustee shall cause all capital lllonies received by him to be invested in Governinent securities, or otherwise as the In w11at secnrities Official Trustee to Court shall direct : and if in any case the Trust funds or any part of them shall at the time of their vesting in the Official Trustee be invested otherwise than as provided in the deed or Will creating tl\e Trust or than as ordered by the Court, it shall be the duty of the Official Trustee, as soon as he rearjonably can, to realize the funds so improperly investeci, an$ to invest the saine in Governlnellt securities or otherwise as the Court shall direct. XV. The ACT No. XVli OF 1864. XV,' Tlle High Court may make any such orders as shall seem ta it necessary ~ighCourt mag. make orden respectsingany 'l'lwst propel'ty vested in the Official 'hx=dee, respecting Trust property vested in Official trustcc. the interest or produce thereof. All such orders shall be made on petition, unless the Court shall direct a suit to be instituted.

XVI. Nothing- in this Act shall prevent the re-transfer of any Trust pro- a 1)ert.y which may have become vested in the Official Re-transfer of Trust property to original, ur transfer to ot~~er,Trustee, to the original or any subsequently appointed Trustee. Trustee, or to such person as the Court shall direct, .unless otherwise provided b;y the cleed or Will creating the Trust. XVI:I. All orders which shall be made appointing any 0tficia.l 'l.'rustee to act

Oidor of ai~poLltmentof Offi. as Trustee in virtue of his Office, shall appoint him by Elis , cil Trustee. name of Office ancl. shdl authorize the Official 'I'rustee for tile time being of t,he same Presidency to act as Official 'I.'rnstee of the property t,o which such order shall ]:elate : and dl prope~kyand interests which at the ti~neof the death, resignation, or removal li.0111 Office of On detlill, Ro, of GtScia: *I~=u~~cc,property to vest in !lis any Official Trustee shall be vested in him by iriikue of aucccasor. snch order, shall upon such death, resignation, or removal cease to be vested in him, and shall vest in his successor in Oflice imlnediately upon his appointment thereto, and all books, papers, ancl documents ltept by such Official 'Prustee by -virtue of llis OAice sltall be iransferred to and vested in his successor in Oficc.

SVTIT. -ill actions. snits, or other proceedings wlucll shall be commenced by or against any Official Trustee in his official Oiticial Trustce to suc or be may suedby hisname of office. Suit be brought by or against him by his nanle of Office, and not to nhate by death, kc. no suit, action, or other proceeding already colnrnenced or ~vhichshall be colnlnenced by or against anv person as Official Trnstee either r,lone or joilltly with any other person, shall abate by reason of the death, resignation, or removal from Office of any such Official Trustee, but tlle saine may by order of the Court and upon such terins as to the service of notices or otllerwise as the Court may direct, be continued against his successor iininediately upon his appointment, in the same manner as if no such death, resignation, or reino~7alhad occun-ed. Prorided that nothing herein co~itainedshall render any such successor perso~lall~ liable for any costs incurred prior to the order for continuing the action or suit against him, or shall release ap Oflicial Trustee xvllo has Proviso. resigned or heen removed from his Ofice, qr the heirs, executors, administrators, or representatives of a deceased Oficial Trustee from being liable for any such costs. XIX. Every ACT No. XVII or 1864.

XIX. Every Official Trustee appointed under this Act shall enter into books, Official Trustee to keep + to be kept gy him for that purpose, separate and distinct separate account of ench Trust, to be opell to the inspection of accounts ~f each Trust of which he is the Trustee, and of the Cliief Justice, and of any per- authorized by hiln tO a31 such sums of money and securities for nloney, goods, inspection. and things, as shall come to his hands, or to tlie lvands of any person employed by him, or in Trust fbr him, under this Act, and lilrewise of' all paymerits made by him on account of such Trust, and of all debts due by or to the same, specifying the dates of such receipts and payments respectively, which said books shall be kept in the Official Trustee's Office, and shall be at all times ope11 for the inspection of the Chief Justice and of any person authorized by him to demand inspection thereof. t XX. The Chief Justice shall have poyer, from time to time, to inake ancl alter any general rules a,nd orders consistently with the Chief Justice m%y lnalce alld alter rules and ordc?s for ens- provisions of this Act, for the safe custod>- of the Trust tody of Trust. F~mds,kc. Funds and securities which shall come to the hands or possession of the Official Trustee, and fr,r tlie rernitta?lce to Europe or elsewhere of' all sums of money which shall be payable or belong to persons resident in Europe or elsewhere, or in other cases +here such remittances shall be required, and generally for the guidance and government of the Official Trustee in the discharp of C, his duties ; and may by such rules and orders, anlongst other things, direct what books, accounts, and statements in addition to those mentioned in this Act, shalt be kept by the Official Trustee, and in what fbrnl the same shall be kept, and what entries the same shall contain, and where the same shall be kept, and where and how the funds and securities and other the propei-iy belonging to the Trust of which the Official Trustee is the Trustee shall be kept or invested or deposited, and how my remittances thereof shall be made.

XXI. Sucli orders shall be published in the Official Gazette, and it shall be the duty of' the several Official Trustees to obey and hlfil Publication of orders, &c. the same, and the same shall be a full authority and indemnity for all persons acting in pursuance thereof.

XXII. The Official Trustee of each of the said Presidencies shall once in e$ery yeas, that is to say, on the first day of March, or on Oficinl Trustee to furnish SUC~other day as the Chief Justice shall direct, deliver Annual Schedules whicll shall be filed in the HI~~ZCourt. to the Chief Justice a true Schedule showing the gross amount of all sums ol' money received or paid by 16m on account of each Trust of which he is the Trustee, and the balances during the year ending ,. ... ,, . ,, . .

ACT No. XVII OF 1864.

of delivering snch Schedule, and a true list of all securities received on accou&t of each of the said Tixsts during the same period ; and also a true Schedule of all Trusts ~vhichshall have come to an end or of which the Official Trustee shall have ceased to be the Trustee and the property subject to wliich shall have been paid or made over to the persons entitled to the same or to new Trustees during the same period, specifying the nature and amount or value of such property and the persons to wkon~ paid or made over. Tlle Chief Justice shall cause the said Sclledules t~ be filer1

Inspection OF Sciledules SO as record in the High Conrt ; but it shall not be lam~fhl filed. for any person to inspect tlie same or to inalce copies thereof or of any part tllel-eof, except on an order granted by the Chief Justice per~nittinghim $0 to do.

XX.111. The Chief Justice shall from time to tinle appoint an Auditor a).

Chief Justice to Auditors to examine the accounts of the Official Tru.stee Anditors. at the time of the delivery of the said Schedules a,nd also at any other time when th.e Chief Justice shad1 think fit.

XXIV. The Auditor or Auditors shall exainine the Schedules and acco~mts,

Auditors to exallline Sche- and report to the Chief Justice whether they contain a dules a11d accounts of Ofticia1 to report to Chief full and true account of every thing which ought td be Justice. inserted therein, and whether the boolcs whicll by this Act are, or which by any such general rules and orders as aforesaid s11a.U be directed to be kept by the Official Trustee, have been duly and regularly Irept, and whether the 'I rust fi~ndsand securities have been duly kept and invested and deposited in the manner prescribed by this Act or which shall be prescribed by any such rules and orders to be made as aforesaid.

XXV. Every Auditor shall have power to sulnmon as well the Officid;. Trustee as any other person or persons ~vliosepresence Ile Auditors to have power to summoll witnesses: and to call may think necessary, to attend liim from time to time; for books, $c. and to exainine the Official Trustee or ofher party or pa,rties, if he shall think fit, on oath or solemn a.ffirmation, to be by him adrninis- tered ; arid to call for all books, papers, vouchers, and documents, which sElall appear to him to be necessarj- for the purposes of the said reference; and if the Official Trustee or other person or persons when snmnloued sliall refwe. or, witl~ont reasonable cause, neglect to attend or to 1,roduce any book, paper, voucher, or document required, or shall attend and refuse to be sworn or make a solemu affirmation, when by law a,n affirmation may be aul)stitt~tedfor an oath, or shall refbe t~ ACT No. XVIl OF 1864.

to be exanlined, the Auditor or Auditors shall certify such neglect or refitsal in * writing to the High Court; and es7eiy person so refusing Penalty for refusal or neglect to attc'nd &c., to producchooliq or neglecting shall thereupon be.punishable, in like man- &. ner as if such 1.efusa1 or neglect had been in contempt of the mid Sligli Co1u-t. XS.VI. The costs and espenses of preparing the said Schedules and accounts and of every such reference and examination as aforesaid, Cost.; of lpeparing Sclied~lle~, $c., 110~to IIC lmic:. shall be clefiayed by all thc Trust estates to which snch Scllednles or accounts shall relate, which costs and expenses, and the portion t}lel.e- of to be coiltlibuited by each of the said Trust estrates, shall be ascertajlled md settled by the Auditor or A.uilitors, sutject to the approval of the Cliid ,J'~stir:~, md sllall be pid out of tlie said ksta.tes accordingly by t,he Official Trustcc.

XSVlI. If upon ally such reference and exalnination tlle Auditor or Audit- 2 ors shall see reasoir to believe that tlie said Scliedules do Xatters to 11s reported 1j.v allitito1.i not contain a trne ancl correct accouilt of the n~atters therein contained, or which ought to be therein contained, or thak tile Trust Funds -. . alld secnrities have not been dnly kept. and invested or deposited in the manner directed by this Act, or wliich shall be directed by ally such rules and orders as aforesaid, or that the Official Trustee has -failed to comply with the provisions and ! dirkctiolls of this Act, or of any sucll rules and orders, he or the? shall repol-t accorfiingly to the Chief Juit'..ice. ?.

XXVIII. The Chief Justice may refer every such report as afores;l;id t,o. the consideratio~lof the Advocate Genera,l for the Presi- I'~occ.e~~igsupon such repoi-t. dency', who shall t,hereupon, if he shall thinlr fit, proceed sulllma;l.ily a,gainst the defaulter or his personal representative in the Higll Court- by petition for an a.ccormt, or to colnpel obedience to this Act or to such rnles met orders as a:foFsaid, or otherwise as he may think fit., in respect of all or any of the 'I1,.nst estates then or formerly under the charge of such. dehulter ; aid thc Cou1.t sllhll have power, upon any such petition, to compel the attendance in Co~vtof the de-i'eudant or defenda.nts, and a.11.y witnesses ~~110may be tllougllt necessary, and to aalllinCthem orally or otherwise its the sa

X.XZX. The costs, including those of the Advocate General, and of tlie reference.

~~,~t~ul,O,, l>roeecdingil, to him, if the same shall be directed by tlle Colut to be .i?:,~., how to hc defrayed. pa,id, sha.11 be defrayed eit,her by the defend& or defend-. ants, or out of t.lle Trust estates rateably as the said Court shall direct ; anci when-. ever . .

aver any costs shall be recovered frarn the hefendant or clelelindants, the same shall be. repaid to the estates by which the same shall have been in the first installce contkbuted, and the Court shall have to order. the 'Official Trustee or other

it shall think fit.

Orders of the High court to XXX. Any orders which shall be rnade by any of have same effect, and to be exe. cutedin the malmer, as the said ~ighCourts shall have the same effect and be decrees. executeci in the same manner as decrees. B! B! rk XXXI. ' Any order under this Act may be made on the application of a.ny m,,,o may for order un. person beneficially interested in any Trust property, or of dew, this Act. I any Trustee thereof, wlletlier 11nder disability or not. XXXII. Tf any infant or lunatic shall be entitled to any gift or legacy or residue or shwe thereof, it shall be lawful for the Executor r Executor or Ad~ninistrator i m~y,by leave of the High or Administrator by whom S.UC~legacy, residue, or share C( urt, pay to Ollicial Trustee, legacy, share, kc., to ,which an may bc payable or transferab1e;or the party by whom such. infant or lunatic is entitled. gift may be made, or any Trustee of such gift, legacy, resjjdue, or &are, to pay or transfer the same to the Official Trustee appointed under this Act; provided that the leave of the High Court to make such payment or transfer be first obtained by nlotion made on petition. Any money or property paid or transferred to the Oflicial Trustee or vested in him under this Section shaU be subject to the same provisiolls as are contained in tliis Act as to other property vested ill such Official Trustee under the provisions thereof.

...

ACT No. XVIIT cm 1804.

----.. . . PASSEDBY THE GOVERNOR-GENERALOF INDIA IN .COUNCIL. (Received the assent of the Governor-Ge;*zeruZon the 24th Mod 1864).

.. - - -. .- ... .-. .- .

An, Act to prouideI for the upp~oint,~zentof u ~Ww~~icipuIConzmittc~

WHEREASit is expedient to make provision for the appointment of a Muni- cipal Coinmittee for tlie City of Lucltnow, and for levy- Preamble. ing duties on certain articles brought within the limits of t the said City for consumption there, and generally for the regulation of all matters relating to the conservancy and improvement of the said City ; It is enacted as follows :-

I. On and after such datc as tho Chief Co~n~iiissionerof Oudli shall order,

appoi,tmo,,t of Municipnl tllere shall be a Conimittcc for tlie purposes of thin Act, Committee. which shcill be callcd " 'l'he Municipal Conimittee of the City of Lucknow." The said Committee shall consist of twenty-five Members, of whoin six shall Be ex-oBcio Members.

11. The persons for the time being filling the following Offices shall respect- * ively ;be ex-ogcio Members of the Municipal Committee, ~z-ogim'o Members of the Committee. That is to my, the persons filling the Offices of-

Commissioner of Lucknow,

Deputy Cnmmissione~of T~ncknow,

Inspector General of Police in Ou&, Civil Surgeon of Lucknow, Executive Engineer of Lucknow, City Magistrate of I~ucknow. The

PRICE1 ANNA. ACT No, .XVTIl. or 1864. The ficn-official Members of the said Colnmittee shall be elected annually by and fi-om alnongst the inhabitants of the City, and shall Non-official Members to be elected annually. hold ofice i'ol. one yea.r only, hut shall be eligible for

111. The Chief Commissioner of Oudli shall from time to time declare what

Chief Cominissioner to define shall be deemed to be the limits of the City of Lucknow for limits of Lucknow, ind to regu the purposes of this Act. He shall also declare who are, for late the mode of election. Ap- pointlnent Non-OfficialiMelll- bcrs to 11e subject to his ap- the purposes of the last preceding Section, to be deemed in- t proval. hd~itantsof the said City, and shall lay down rules fixing the times when the election of the Non-oficial Members of the Committee shall take place, and regulating the manner in which the elections shall be conducted. The appointment of every Non-official Member shall be subject to the approval of the Chief Commissioner, and in the event of any person elected not being approved of by him, the illhabitants shall proceed forthwith to elect another person in his stead. IV. It shall be lawful for the Chief Commissioner to remove from office any Chief Comlnissioner may re- Eon-official Member of the Committee ; and in the even* move Noii-official Members. of any such Member being so removed, it shall be in the discretion of the Chief Coinmissionel' to determine whether or not any person shall be elected to supply his place for the unexpired portion'of the year for which snch Member was elected. V. It shall be lawful for the Chief Commissioner at 'any time with the sanction of the Governor-General of India in Council to Powers of Committee how to he limited or suspended. suspend or limit the powers or any of the powers of the Committee. VI. The~Commissionerof Lucknow for the time being shall be the President of the Committee ; the Deputy Commissioner of Luchow +' What oflicers to be President, Vice-President, and Secretary shall be the Vice-President, and the City Magistrate, 06 of the Committee. Luclcnow shall be the Secretary. VII. The Municipal Committee, so far as the funds at their disposal will permit, shall keep the streets, drains, and tanks of the Columittee to do acts neces- sar~for the cOnservanc~aud City properly cleansed and repaired, and shall cause the improvement of the City consistently with law. said streets or such of them as may to then1 seem proper, to be lighted, and may construct new streets, drains, and tanks, and generally may do all acts and things necessary to the conservancy and improvement of the City so far as such acts and things be not repugnant to or inconsistent with the provisions of this or any other Law. VIII. It ACT No. XVlll OF 1864.

VIII. It shall be lawful fo~the M-unicipal Con~mitteefrom time to time to. Into what contracts ~omrni4- enter into all necessary contracts for the purposes of this. tee may enter, ant1 their inode of contracting. Act. Sncl contracts, if in writing, shall be signed by the Secretary ancl at least three Xembers of the Committee, and if any such contract. be not reduczd to writing, it shall be made with the Secretary. No contract made otherwise than as herein declared slzall be in any way binding on the Comn~ittee, and no contract involving a.n expenditure of more than ten thousand Rupees shall be binding on the Committee anless made in writing and with the sa,nction of the Chief Commissioizer of Ondh.

IX. No Meqber of the Committee slzall be personally liable for any contract ; Afembers of the Committee made or expense incurred by or on behalf of the Com- iiot to be personally liable upon contracts made by the corn. mittee ; but the funds from time to time in the hands of-. ~nittee. the Committee shall be liable for and chargeable with aU contracts and expenses duly incurred as aforesaid. Every Member of the Com-

Under what circumstances to mittee shall be liable for any misapplication of any monies be liable for the lnisapplicatioll of money entrnsted to the Com- entrusted to the Committee, to which he shall have been mittee. knowingly party or privy, or which shall have happened through gross neglect of his duty, and he shall be liable to be sued for the same in such Court as the Chief ,Commissioner of Oudh shall direct, as for money due ' to the Government of India.

X. The Committee shall each year, on or before such date prior to the first Annual esthnate of expendi- day of May as shall be fixed by the Chief Commissioner, ture to be incurred during the year to be sent to chief corn- furnish the Chief Commissioner with a statement or esti- mimioner. mate (in such form as the Chief Commissioner shall direct) showing the expenditure which it is proposed by the Committee to incur during the year commencing on the first day of May then next, and the items in ~espectof which it is proposed to make such expenditure.

XI. The Committee shall, as soon as may be after the first day of May in

&counts and statementof each year, provide the Chief Commissioner with a state- :$: :$: d~~~~~~~d~$$';ment in detail, of all the work done by them and of all to Chief Commissioner. sums received and of all sums expended- by them during the year ending on the thirtieth day of April then next preceding, in such form as the Chief Commissioner shall from time to time direct.

XII. All such monies as the Chief Commissioner or any other person shall from time to time make over to the Municipal Committee Municipal Fnnd. for the purposes of this Act a,nd all fines levied under this Act ACT' No. XVIIl OF 1864.

Act shall form a ~ITunicipalFund, of which the Conlmittee shall be the Trustees, and which shall be applied by the Colniiiittee to the conservancy and improvement of the City of Luclcnow, and to the payment of the salaries and wages of tlie OEcers and servants enlployed by the Committee, and a;ll ot11e-r. expenses incurred in or about,the carrying out the l~rovisionsof tliis Act.

XIIT. Duties on such things, a.nd at such rates as the Chief Conlmissioner

Duty to levied pn shall wit11 the smctiorl of the Governor-General of India taken into liuckllow for Lo sulnption or use tbereiu. Rates in Couiicil.froin time time declare, shall bc 1cv;cd in how to be fixed. respect of the said things wllen bronght into the City of Lucknow for convulnption or use therein. Tlie said duties sliiz,ll be collected by such persons and in such manner as the Chief Commissioner sl~alldirect. It shall be lawful for 111(-: Cllief Coliln1ia;~ionol.to fa.)-111or lct ant, the cnllection thereof for such period or periods a,s he sh.nJl thinlr fit, but 11.e s11aH in every case lay down rules as to the lizode of levying and collecting the duties, and such rules shall have the like Ibrce aiid cffcct as Bye-laws duly ma.de hy the Committee.

XIV. All monies received on account of the duties afbresaicl, if the same be

Money received on accollnt of collected directly tinder the orders of the Chief Commis- duty to wlioiii to he paid. sioner, and all nloliies received froin the farming or letting out the collectioil of the huties, shall be paid iilt,o the Rank of Bengal to the credit of the Chief Commissioner. Out of the inonies paid in under this Section, the Cliiei' Conlniissioner shall (after defraying the costs of collectioll if any) make over to the Comnlittee for the puq-Joses of this Act such sum, not being less than one-lllird of the monic~so paid in, as shall to the Chief Commissioiier seein proper.

XV. The Municipal Clomn~itteemay horn time to Lillie lllake such Byc-laws ' Powe~of Committee to mak~ as they niay think fit, for defining, prohibiting and rcmov- BYe-laws. ing iiuisailces which are iiot public cir comirlon nuisances under the Indiau Penal Code ; for regulating tlie time and placc of meeting of the (:ornniittee ; the conduct of business at such ilzeetings : the division of duties ;c1nong the Ncmbors of tbc Commitrtee; the appointment, suspension and renloval of Officers and servants of the Committee, arid fixing the salaries of such Officers and servants ; for iniposiag penalties for the infringement of any Bye-law made by the Committee ; and generally for the management oi all matters connected with the consel.vwnc:y and illlprovel~lentof the City. The (lommittee may also from time to tirrie re peal, alter, and nlnond any such Ry p-1 A;SVS. Provided that no Dye-law shall bc repugnant to ally law in force. Provided also that no penalty for the infringement of ally such Byelaw shall exceed fifty Rupees, and that in case ACT No. XVIII OF 1864. case of a contiiluing infringement, no penalty sliall exceed ten Rupees for every day after notice from tlie Committee of such infringement. XVI. No Bye-law or alteration of a Bye-law sliall have erect until tlie

Bye-la,,,s to by sanie shall have been approved and confirmed by tlie Chief Commissioner. Chief Commissioner, and shall have been duly gublished for such length of time and in such iilanner as the Cliief Coininissioner sliall order. ,

XVII. A copy in, the English and Hindoostanee languages, of every Bye- law and alteration of a Bye-law for tlie time being in Copies of Bye-laws to bc exhibited in the .office ,of the force &all be painted on or affixed to boards, and sucll Committee. boards sliall at all times be hung up in some coiispicuou~ part of the office of the Colnmittee.

XVIII. All Bye-laws, when the same shall have been duly confirined ye-laws to be of the same and published shall, until the same be repealed or altered, effect as if they were inserted in this AC~. be of the like effect as if they were inserted in this Act.

XIX. All prosecutions under this Act sliall be instituted before a person

wllom to .exercising the powers of a Magistrate as defined in the be instituted under tl~isAct. Code of Crimina.1 Pmr,eili~re,~and all fincs iml~osedlnay l)c rrcnvored in tlle manner j.n.esmilrrd' in ~eclion01 upthe said Code, Thr alnl~~ulLof ad1 fines realized shall be paid to the Municipal Colninittee and be applied by them to the purposes bf this Act.

XX. The Chief Commissioner of Oudh shall, in eve1.y- Control of Governor-General i11 Council in respcct of this thing done under or relating to this Act, be subject to - Act. the orders and control of the Governor-General of Iiiclia in Council.

XXI. It shall be lawful for the Governor-General of India in Council to

This Act may be elteildcd to extend this Act to any place under the immediate admiii- plxcc tllc il'"'laclirLe admiuistratiou of the Go~erii- istration of tlie Goveril~nent of Iildia. TVLallevul. Lliis mcut of Indin. Act sliall be estcndca to a,ny place uilder tho provisions of this Section, it sllall have effect in such place as if tlie narlie of suull place were substituted tl~rouglioutthis Act for the name " Lucknow." The Go\renlor- General of .India in Council in extending this Act shall declare lvl~atand how many persons sl~allbe ex-officio 3IemBers of the 3Zunicipal Conimittee of the place to ~vliichit is extended. XXTI. The XXII. The Chief Co~?lmissionerof any place to which illis Act shall be A of taxationfor such extended under the last preceding Section may, with tho 'place may be established in lion of yrovisio,ls of Sections x~Isanction of the Governor.Genera1 of India ill Coul~cil, and SIV of this Act. declare that Sections XllI and XIV or either of them, or any of the provisions of those Sections, shall b9 of no effect in such place, and may also with the like sanction define the persons or property within such place to be taxed for raising tlle monies necessary for the purposes of this Act, whether by house assessment or town duties or otherwise, the amount or rate of the taxes to be imposed, the manner of raising and collecting them and ensuring the safety

Proviso. and due application of them when collected. Provided that no tax, duty, or other rate shall be levied under this Section in any place in which duties are levied under Section XTII of this Act. ACT &o. XIX oa 1864.

(Beceived the a.sseni c,f iBc Gover)~ol.-Ce?ceruZ071 ihe 24ih l?fa~~h18G43.

An Act lo ?.e?izove cmiuin i~acts CO~G~ZI'I~in the District Mirzapwe~fi~on~Ihc ju?.isdiction of the local Couris. ;" 5 WRXREASit is expedient to reinove certain tracts of country in the Dp~trict 1 of Mirzapore from the jurisdiction exercised by the Clvil, Preamble. Criminal, and Revenue Courts and Officers of that District under the Gene~alRegulations and Acts of the Government; It is enacted as follows :-

I. The tracts of countiy described in the Schedule to this Act are hereby removed from the jurisdiction of the Courts of Civil and Certain tracts renlovcd frolll jurisdictioll of the ordinnry tri- Crinliiial Judicature, and from the control of the Officers hunals. of Revenue, constituted by the Regulations of the Bengal Code and by the Acts passed by the Governor-General of Iiidia in Council : Pro- vided that iiotlling herein contained shall extend to or affect Proviso. any case now pending in any Court or Office.

11. The administration of Civil and Criminal Justice a,nd the superintendence of the settlement and realization of the Public Revenue, Administrntion of justice and ' couection of revenue, vestcd in and all matters relating to rent within the said tracts, are Officersappointedby L~ieutenant- Giovernor of the ~orth-western hereby vested in such Officer or Officers as the Lieutenant- Provinces. Governor of tlie North-Western Provinces may, for the purpose of tribunals of first instance or of reference and appeal, appoint; and the said Lieutenant-Governor may fix tlie periods within wllicli appeals shall be preferred ; provided that no sentence of death passed by any person conll~etentundcr the appointn~entof the Lieutenant-Governor to pass sucli sentence, sl~allbe carried into execution until it be cvhfirllled by the Sudder Court. II b. .When ACT No. XIX OF 1864. 311. 'Whdn a question shall arise -\vlietherany place falls within the tracts described in the Schedule of this Act, it shall be compe- Question RS to whether aplace faus undcp this AC~how to be tent to the Con~missionerof the Division to determine on scttled. wllich side of the described boundary the place aforesaid may lie, and tlie order made by the Comn~issionershall be final.

IV. This Act shall take effect from such date as shall be fixed by the Lieu-

Commencement of operatio11 . tenafit Governor of the North-Western Provinces, and noti- of this ~ct. fication thereof shall be published in the Ofiice of the Commissioner of the Division, and in the Courts of the Civil and Sessioizs Judge, and of the Magistrate of the District, and in such other manner as the Lieutenant- Governor may direct. .' ir SCHEDULE. i i I The tracts referred to in the foregoing Act are as follows :- I Pergunnah Agoree, Tuppahs Agoree Klias and South Kone. P ergunnah Singrowlee, Tuppall British Singrowlee. Pergunnah Bicheepore, Tuppahs Phoolwa, Doodhee, and Burha. ACT No. XX OF 1864.

I'ASSEDBY THE GOV~~RNO~~-GENERALOF IXDIAIN COUXCIL.

(.Receiuccl tlze asse~ztof the Gove~vzov-Gene~cdon the 24th Ncwclt 1864).

An Act fo~nzalci~zg better p?*ovision Sot* the caw of the pelqso?zsc~lzcl 2~vojje~ty of B4i1lzo~sin the Pvcsiclency of Bonzbcty.

WHEREASit is expedient to make better provision for the care of the persons and property of B!tinors in the Presiclency Preamble. of Bombay ; It is eiiactecl as follows :-

I, The care of the persons of all Minors (not being European British sul~jects)a$ the charge of their property shall Care of perso~isand charge of property of Minorsvestedi~~the Civil C01u.t. in tile Civil Court.

11. Every person who shall claini a right to have charge of property in

what persons claog to have trust for a Minor uncler a Will or Deed or otller cliarge property In trust for a instruineut in writing, or by reason of ncarness of Xinor may apply for Certificate of Aclministratio~~. kin or otherwise, may apply to .the Civil Court for a, Cerbiiicate of Administration ; ancl no person shall be entitled to iiistitute or defencl any suit connectecl vith the estatc of which h'o 1)w>o11 to institnte or clefend a

111. Any relative or friencl of a Minor in respect of ~vl~oseproperty such Certificate has not been granted, or, if the property Who lnay apply to Court to appoint a person to take charge of the property, consist ill whole or in lnrt of lallcl or any illtere~t kc., of a Xinor. in land, the Collector of the District., may a$pply to the Civil Court to appoint ZL fit person to take charge of tlie prope~tyand person of such 3I:inor. TV: If ...... ,,. .. . \ ...... ,,, . .:,,,::, ' , ...... :

ACrl' No. XX oa 1864.

I. If the property be situate in inore than one District, ally such' ap- l~lica~tionas afoyesaid sliall be niade to the Civil To ~vliat Coart application to be made if property be sitnnte in inore COUS~of the District i1i ~vlzichthe Minor has hi$ thau one District. resiclence.

V. When applicatioii shall have been macle to the Civil Court citlie~by

Smumry iuqiry to IIC nmde by a person claimiiig a 1.ight to have' charge of the. Coart on application. property of a ?&noy, or by any relative or friend of a Minor, or by the Collector, the Court sllall issue notice of tlie application ancl fix a clay for Ilearing tlie same. On the day so fixed, or as soon after as niay be coizveiiient, the Court shall inqaire sumniarily into the circumstances, ancl pass orclers in the case. Pro~ricleclalways l'rovisu. that-it shall be coinpetent to the Civil Conrt to direct ally Court subordinate to it to make such inquiry aiicl report the result. VI. If it, shall appeaT that any person claimiiig a right to have charge.

Certificate of Achlllinistratioll to of the property of a Minor is eiitit,lecl to such right ~vholuto I)e granted. by virtue of a Will or Deecl or othev instrument in writiizg, and is willing to undertake tlie trust, the Conrt shdl grant a Cer- tificate of Administration to sucli person. If there is no person so entitled, or if such person is un~rilliiigto undertake tlie trust ancl there is any nea? relative of the 3fiiior TI-110is willing and fit to be eiitrustecl with the cl~a~ge of his pl*operty, the Court. may grant a Certificate to such relative. The. Court may also if it think fit (unless a Gnarcliau Co~utmay nppoint po~soll 11asing such Certificittc Guardia~l of illillor's have been appointed by tlie father), ctppoint such person. persoii as aforesaid, or sucli relative or any other relative or friend of the ~Iiiior,to be Guardian of the person of the IXiiior.

I The Cor~rttnay call upon the Collector or Xagistrate for n report. Court lna,J ,.,,,, ,,,)o,, Collector or 011 the cl~aracte~ancl cjualifica,tion of ally relative Magistrat,e for a reporl on the character sod q~~nlific~tiollof relative or or friencl of the Minor, who may be desirous 01: fiicud. willing to be.entrustecl with the charge of his pro- pertj2 or person, ancl it sha,ll be incumbent on the Collector or Magistrate to furnish such report after n~altiiigdl dne inquiry.

V HI. If no title to LL Certificate be establishecl to tlie satisfaction of the t'roceeding if title t,, a certi- Court by a persoii claimiiig under a Will or Deed ficntc be e.;tahl'sl~led, and if there he At to entrnsted witll or otlier instrument in writing, aiicl if there be no the charge of l,ropcl.ty, kc., of i\~inor. near relative willing and fit to be entrusted with the charge of the property or persoii of the Minor, and the Court shall think it ACT PITO; XX 012 1864. 4 T it to be necessary for tlie interest of the Minor that provisioiz should bc ilzade by the Conrt for tlie charge of his property or person, the Court shall proceed t,o malce such provisioil iu tl~elilailner heyeinafter provided.

IX. If tlze estate of t.lle iMinor consists of moveable property or of

~f eatate consists of mo\~cahlcpro- ~~OLIS~S,gardens, or the like, the Court shall grant perty, kc., Court mh grant Cer- t,ificate to I,uhlie Cnratol. or other a Certificate to the Public Curat,or apl~ointeclunder l)cr.son. Sectioii XIX, Act XIX of 1841 (fo~the 2~~oteci,io?2 ?f nsoveccble a~hclinamoz;ecc6le pl-operty cyai72st ~u~*o~zgfi~l2~0ssessio1z i12 cc/,ses of successions), or if tliere be no Public C~iratorto ally fit person 14~lzomtlie Coart map select for the purpose.

S. Whenever tlie Court shall grant a Certificate of Adlninistratioiz to tlie estate of a Minor as aforesaicl, it shall at tlze Al~l)ointu~rutof Chardinn same time appoint a Guardian to take charge of the person and inaiiltenaizce of tlie Minor. The person to whoin a Certificate of Acllzzinistration has beell granted, unless he be tlze Public Curator, or tlze legal heir of tlie Minor, or next in succession to the property, may be appointed Guardian. Provicled that in t,he case of Minors who have inherited property by adoption, the natural fatlier may be appointed Gaarclian. If tlie person al>poii~ted'to be Guardian be anlvilling to disclza~gethe trust gratuitously, the Court may assign hi111 SLIC~I allowaiice to he paid C+navdian's allowance. out of the estate of the Minor as under the cix- cumstances of the case it izlay think suitable. Tlle Court inay also fix such allowance as it may think proper for tlie mainte- Allon .111cefor lnaintenance of Minor hc. nance of tlic Minor, surviving parent ~vlietlzel. natural or atlopt.ive, linsband, wife ant1 children, if any, and snc1.z allowance t; k aizci tlie allomrance of the Guarcliaii (if any) s1i:~ll be paicl to the Guardian bg t

XI. If the estate of tlie >finor colisist in whole or i11 part of land oi- any interest in land, tlie Court may direct the \Vhen the estate consists of land, o,l,. ,nay cfi,.ect co,lector to tae Collector of the District iiz which the larger part clnr~cof estate. of the same mag be situated to txke charge of the estate.

XII. Tlze Civil Court iiiay take such security as it shall think necessary, from any person to whom it may grant a Certificate ('ourt may talcc secoritg. of Administration of tlie property of any Minor under ACT No. XX OF 1864. tulder this Act. Provided always, that no such security shall be clemancleci from the Collector of a District or the Public Proviso. Curator, wllcn their services map 110 availed of.

XIII. In all inquiries aiicl otlier proceedings held or had lny the Civil Court under this Act, the Court may make sncll Cost of inquiries under this Act. order as to the paynlent of costs by the person on whose application such inquiry was made or proceecling hacl, or out of tlie estate of the iYlinor, or otherwise, as it may tliillk proper.

XIV. 3lThenever one or inore of the prolnrietors of an estate ~vliichlias

to be follolved olle or been placecl uilder the Collector's charge shall more of telle ~ro1)rietors of estate placed lulder Collector's chalSge nlay have passed his or their l&nority, tile Collector colue of nge. shall 'epresent the fact to the Civil Court, and tlie Court, unless it see sufficient reason to thc contrary, may direct the Collector to retain charge of the shares of the property of the still clisqualified proprietors cluring the contiiiuance of their clisqnalification, or until it sha.11 be otherwise ordered by the Court ; or the Court may clirect the whole estate to be made over to the maiiagenient of the proprietor or proprietors who shall have become of age, with such dlirectioiis as to the share or shares of tlie still 8s- qualified proprietor or proprietors as to tlie Court shall seem fit and proper.

. XV. The proceedings of the Collector in the charge of estates uncler .

Proceedings of Collector subject to this Act shall be subject to ,the control of the control of superior Revenue Authorities. SUl)eri~rRevenue Authorities,

XVI. The Public Curator and every other Administrator to whoin a Pnl~licCurztol., kc., t,~f~1rnisli invent- Certificate sha.11 have been granted under Section ory m1cI a11uua1 accounts. X $all, wit.hiii six months fToni the date of the Certificate, deliver in Cou~tan iiivelitory of a,l1 the iiiimoveable property belonging to the IIiiior, and of all-such sums of money, goods, effects, and things as he shall have received on account of the estate, together witli a. stateinent of all debts due by or to the same. And the Public Curator and every such other Administra.tor shall furnish aniiually witliilz three months from tlie first of Nay of the Cliristian era an account of the property in his charge, exhibiting the amounts received, disb+ursed, and investecl on account of the estate, and the balance in hand. If any rels~tiveor friend of a Minor, or any public Officer by petition to the Court shall impugn the accuracy of Proceedirlg if accuracy of il~v~~~t~r~the said i~iveniorysnd st&emeizt or of any ailnual or account be impugned. account, the Court inay summon the Curator or A~iminist~ator, ACT No. XK OF 1864. Administrator, and inquire summarily into the matter and make such order tboreon as it shall think proper, or the Court, at its discretion, may refer such pebition to any subordinate Cou~tfor investigation and report.

XVII. All sums received by the Public Curator or such other Adminis- trator on account of any estate, in excess of what Surplus funds to be invested by Pub- lic Curator, kc., in Public Secnrities may be required for the current expenses of the on account of estate. NPinor or of the estate, shall by him be invested on account of the estate, from time to time, in the Public Securities.

I ' XVIII. Every person to whom a Certificate shall have been granted 1 under the provisions of this Act may exercise the Powers of person to whom Certificate has been grallted b, the management same powers in the management of the estate as I of Minois estate. might have been exercised by the proprietor if not a Minor, and may collect and pay all just claims, debts, and liabilities due to or by the estate of the Minor. But no such person shall have power to sell, alienate, mortgage, or otherwise incumber any immoveable property, 4 or to grant a lease thereof for any period exceeding five years, without the sanction of the Civil Court previously obtained.

XIX. It shall be lawful for any relative or friend of a Xinor at any time ~~elativeor friend may sue for an during the continuance of the minority to sue for zxn account. account from any Manager appointed under this ,4ct, or from any person to whom a Certificate shall have been granted under %he provisions of this Act, or from any such Nanager or person after his removal from office or trust, or from his peksonal representative in case of his death, ir?. respect of any estate then or formerly under his care or ma'nagement, or of any sums of money or other property received by him on account of such estate. * XX. If the ctisqualification of a person for whose benefit a suit shall ha-ve Continuance of suit instituted undel. been instituted under this Act cease before the 'his Act after disc~ualificationshall have ceased final decision thereof, it shall be lawful for such person to continue the prosecution of the suit on his own behalf.

XXI. The Civil Court for any sufficient cause may recall any Certificate /

Revocation of Certificate granted under this Act, and may direct the Collect- or to take charge of the estate, or- may grant a

, . fresh Certificate to the Public Curator or any other person a$ the case may be, an C ACT No. XX OF 1864. and may compel the person whose Certificate has been recalled to make over the properti in his hands to his successor, and Removal of Guardian. account to such successor for all moneys received and disbursed by him. The Court may dso for any sufficient cause remove any Guardian appointed by the Court.

XXII. The Civil Court may impose a fine not exceeding five hundred Penalty for neglect or refusal to de. Rupees on any person who may wilfully neglect liver accounts or prope~ty. or refuse to deliver his accounts or any property in his hands, within the prescribed time or a time fixed by the Court, and may realize such fine by attachment and sale of his property uncley the rules in force for the execution of decrees of Court, and may also commit the recusant to confinement in the Civil Jail until he shall conseilt to deliver such accounts or property. XXJII. The Civil Court may permit any person to whom a certificate

Civil CO~T~may permitresignation shall have been granted under this Act not being of trust, &c. the Public Curator, and any Guardian appointed by the Court, to resign his trust, and may give him a discharge therefrom on his accounting to his successor duly appointed for all moncys received akd disbursed By hini and making over the property in his hands.

XXIV. The Public Curator and every other Administrator to whom s Certificate shall have been granted under Section Remuneration of Public Curator, kc. X shall be entitled to receive such commission not exceeding five pcrcentum on the sums received and disbursed by him, or such other allowance to be paid out of the Minor's estate, as the Civil Court shall think fit.

XXV. Every Guardian appointed by the Civil Court under this Act Guar+n of Knors under this ~ctwho shall have charge of any malc Minor shall be to provide for their education. bound to provide for his education in a suitable manner. The general superintendence and control of the education of all such Minors shall be vested in the Civil Court. XXVI. In the exercise of this superintendence and control, it shall be Civil Court may fia the residence lawful for the Civil Court to direct that such and place of education of Aliuor. Minor shall reside either with or without his Guardian at the Budder Station of the District, or at any other place within the Presidency of Bombay, and shall attend for the purppses of education snch ACT No. XX. OF 1864. such1 School or College as to the said Civil Court may seem expedient, and to make such provision as may be necessary for the proper care and suitable maintenance of the said Minor whilst attending such School or College. XXVII. If it shall appear to the Civil Court inexpedient to place any Or in certain rases cause &finof SUC~Ninor at School or College, it shall, if the to be educatcd 11riv;ctely. B proceeds of the estate are sufficient for that purpose, cause such Minor to be educated by a piivate tutor properly qualified, either at the family residence of such IVLinor or at the Sudder Station, or elsewhere within the Presidency of Bombay, and in that case also the Civil Court shall have power to determine, from time to time, the place of residence of such Minor, ancl to make such provision as may be necessary for his proper tuition and maintenance during the period of his education. 4 I XXVIII. A11 charges and expenses which may be incurred on account 1 Cilarges expenses incurred of any mle Ninor under the provisions of this this Act 'OF be paid out of tile profits of Minor's Act, for ~o&e or School fees, or for other charges estnte. of tuition or education, or by reason of his resid- -! ence inany place otlm than his om home or otherwise, shall be defrayed + from the 'profits of his estate in the same manner as other expenses incurred 3 under the authority or with the sanction of the Civil Court. .I 1 ,g XXIX. Every Guardian appointed under this Act who shall have cha~ge 5 of an unmarried Minor, shall pay all the neces- Bfnrriage of Minors. sary expenses of the marriage of such Minor out of the estate ; provided that these expenses shall in no case, without the sanction of the Civil Court, involve the Minor's estate in debt.

i$rlio to be held a Ifinor for the pur- XXX. For the purposes of this Act every poses of t11k AC~. person shall be held to be a Minor who has not . attained the age of eighteen years.

XXXI. Nothing in this Act shall authorize the appointment of a Guardian of the person of female whose hus- Act not to authorize the app>int- a me~ttof Guardians of certain mar?ied band is not a Minor, or the appoilltment of any women. person other than s female as the Guardian of the QuardiaIlship during the minority of perSon of a female. If a Guardian of the person the husband of Minor when to cease. of a Minor be appointed cluring the minority of the husband of the Minor, the Guardianship shall cease as soon as the husband shall attain the age of majority. XXXII. Nothing ' , .ACT No. XX o.~1'8B&. XXXII. Nothing in this Act shall be held fo interferewi.th &heprovi- Ad not, to interfere with A~~.~XXVsions of Act XXXV of 1858 ('for nzc&i.ng bettel* of 185s. provision. fop the cccre -oy the .Estates of Lmatics). XXXIII. All orders passed by the Civil Court under this Act shall

Orders of tbthe Civil COU~~open to be open to appeal to the High Court at Bombay, ~PP&. and shall be subject to all the provisibns contained in Section 366 of the Code of Civil Procedure. XXXIV. The expression " Civil Court" as used in this Act shdl be held to mean the principal Court of original Civil Construction of'words " Civil Court." jurisdiction in the District, and shall not include tllo .High.- Court of Jndic,ature ; and nothing contained in this Act shall be held to affect the powers of the High Court of Powers of High Court not to be affected. Judicature over the person or property of any Minor subject to its jurisdiction. Unless tho contrary appears' from the context, words importing the singular number Number. shall include the plural number, and words importing the plural number shall include the singular number; and words

Gender. importing the masculine gender shall include females. I ACcr Yo. XXI, OF 1864.

Y!\ss~u BY THE GOVERNOR,-GENERALOP INDIA IN COUNCIL.

: (Iieceived the assent of the G~z;el-uzol*-Genera2 ofz the 1st April 18641.

wlici~casit is expedient to empower the Magistrates of Police ih Calcutta to punish summarily certain offences in addition to 1'rcaml)lc. tliose ~~hichthey are now empowered so to punish ; It is enacted as follows :- I. Eve~ycase in which any person is charged before a Magistrate of Police in Calcutta with having within the limits of the Persons gnilty of certain otiences may be tried stunma- said Town, or within the limits of 'the Port of Calcutta rily by .z Jlagistrate of Police. as those limits are or may hereafter be defined under Act XXII of 1855 (for tlze ?*egulatio?zof Ports aszd Port-dues), committed any offence under any of the provisions conta,ined in Chapter XIV of the Indian Penal Code except Sections 280 and 281, may be heard and determined by such Xtagistrate in a summary way : and every such person shall on conviction by such Magistrate be punished in the manner provided by tlze Indian Penal Code for the punishment of the offence of which he shall be convicted. Provided that no Magistrate shall under this Act be competent to pass sentence in respe-ct of any offence beyond the followii~glimits, that is to say :- Imprisonment of either description not exceeding six montlls, or fine not exceeding two hundred Rupees, or both imprisonment and fine in cases in which both punisliments are authorized by the Indian Penal Code. Provided also that the Magistrate may commit to the High Court for trial any sucll case ' which he may in his discretion think it paper so to commit. 11. Sections 62, 63,308, 309, 310, 311, 312, 313 and 314 of the Code of

Sectiolls 62, 63, 308, 309, Criminal Procedure are hereby extended to and shall 310, 311, 312, 313 alld 314 of tile of Criminal Proredure have operation within the town of Calcutta and within extended to Calcutta. the lirtiits of the Port of Calcutta defined as aforesaid, and the words " Nagistrate" and cc Magistrate of a District" as used in the said ACT No, XXI OF 1864. mid Sections shall denote any Nagistrate of Police in Cdcutta who may be a alxthorized in tlmt bchalf by the local Government. 111. Any Magistrate of Police in ~alcuttasuthorized as afo~esaidmay without any complaint take cognizance gf ally offeilce Magistrate may tali? cognizance oi ofinoes \vitl~ont corn- which Ize has power to hear a,nd dispose of in a sunl- plaint rnade. macryixanner, ~vhic11niay collie to his knowledge, and he may issuc a suml~lons,or, in cases where a is-arrant mag issuc, a warrant of arrcst ao-ainst the person known or suspected to have conlmitied such offence, P in the same mailner as if a complaint liacl been inade a'gaiilst such person. b 1V. Save as in this Act otherwise provided the procedure coiltai~ledin Act XI11 of 185.6 (fov ~egzslathgthe Police of the Tou;lzs l'roceed~l~ein such cnses, of Calcutta, A~c~~Tus,and Bombay) as amended by Act XLVIII of 1860 (to ccnzend Act XI11 of 1856) shall bc applicable to offences committed and cllarges made under this Act,

TT. This Act shdl come into operation on the first Co~nmencel~yelltof Act. day of May 1864. \TI. This Act l~iaj~by an order of Chc Governor in Council of Fort St. George, or of the Governor in Coulicil of Bol~ibay Act ma3 he, extrn(lcld 1)) Governors in Council oc sfacira- respecti-i~ely, to be published in the Official Gazette, and Donibay. be oxtended to tllc Towns and Ports of 34adras and Bombay, and when so extended by such ordcr, shall take effect in the Town and Port to which the order shall relate from the date of the publication of such order. TqThen so extended to eitllcr the Town and Port of Madras, or the Town and Port of .Bolnbay, this Act shall in all respects apply to such Town and Port as if the name of such 'Fawn and Port had appearecl in this Act wherever the ila,rne of Calcutta appears. MILITARY CANTONbIENTS

ARRtINUEMRNT OF SECTIONS.

1, Interpretation.

2. Acts and parts of cel.taiu Reg~~lztionsrepealed.

3. Criminal jurisdiction of a Cantonment Magistrake.

4. Cantonment 3Iagistkate to he deemed a Magktrh in charge of a Divi~ionof a District,

5. Assistant Cantonment Magistrates.

6. Small Cause Co~wtsmay be establisheci in Cantonments. 7. Act XLII of 1860 to apply to all such Courts.

8. Acts establishing Military Courts of Requests to cease to have eft'ect in Cantonn~ents where Cantanment Magistrtcs are appointed to be Small Cause Court Judges.

9. Assistant cantonment' I\lzgistrzte may he invested with powers of a Small Cause Conrt Jndge in suits for an amount not exceeding fifty Rupees.

10. Cantonmei~tmay be declared a Sub-District nnder Act XVI of 1866.

11. Act V of 1861 applicable to Police employed in Military Cantonments. Administiztion of Police within Cantonments.

12. Extension of Sectioi~XXXIV, Act V of 1861, to Military bantonments.

13. Service and execation, through Cantonment Magistrate, of process issued l,y Corn.. manding Officer of a Cantanment.

14. Locd Government may extend Act XX of 1856 to any Military Czntonment.

15. And may order division of Cantonments, kc.

16. And may prescribe rules for regulating espendit~lreof funds raised.

17. And may make Rules and. Reg~dationsto provide for certain matters hereinafter mentioned : the same to be geneml oor special. 18. Rulles and Reg~~lationsto be coi~firinedby Governor- General i11 Council.

19. For what matters Rules and Regulations may provide.

20. Trial of breaches of Rules am1 Regulnt-ions.

21. Amount of fine imposeil how to be levied.

22. Imprisol~mentin case of amount not being levied,

23. Place of imprisonment.

'24. Prosecutions, kc., under other Regulations, &c., not bac,~~tby this Act.

26. For protection of the health of the troops, Rules 9nd Ztegulations n~ade,underthe- 7th 'Clause of Sectioil XIX ma,y be extended beyond limits of .Cantonments.

26 How penalties may he imposed ancl enforced for breach of R~~lesauc1 Reg~lationsin extended limits.

27. Courts, kc., to take judicial notice of Rules antnil ;Regulations made ilnder this Act.

$8. '%fflefitt'-of,Rbles, -&c., made wider SectmionXVII of this Act, in respect of Reg-ulations, %c., previo11sly in force. I ~~'Qv~so.

'9. Penalky for the nriauithorized sale of spiribuous liquor, &c., to certain persons in Oantonpe~lts.

30. Spirituous liquor, &c., to be confiscated in certain cases.

31. Penalty on certain persons having in their possession witliiil Cantonments more than .a, certain \uantity of spirituous liquor, &,c., ~vitl~outa permit.

82. Awesf of persons commikking offence uncler Section XXX or XXxI and seiznrp of spirituous liquor, kc., in their possession.

33. Confis,cation af intpxicatjng licluor, &c., in respect of which there may be a conviction or which may be in possession of the party convicted.

34. Property seized under this Act may be rletained until pai-tp cllarged with offence is convicted or acquittecl. * ' ,How .t.'be disposed of,

-35. Saving of articles sold or supplied for medicinal purposes. .. . 11r

SECTION. 36. Act not to interfere with jurisdictioa of Courts Martial, &o. Proviso.

37. Certain Acts done by Cantonmeilt Magistrates before the pssing of t,his dct coiifirmed.

' 38. Place of operation of this Act.

39. Opera,tion of this Act may be extended by order of the Governor-General in Council ! to certain other places. f k r 40. To what places the operation of this Act may be extended by t.hc Governmentis of Madras, Bombay or the Punjab.

41. To what places the operation of this Act may be extended by the Goyemment of Bengal, or of the North-Western Provinces.

48. Publica.tion of Orders extending the operation of this Act. . .

' 43. duthority to which commitments shall be made and appeals preferred if Cantonment be not situate in district in which there is person exercising the powers of a Court of Session.

I 44. In certain cases powers vested in the Sudder Court under Act XLII of 1860 to be exercised by such authority as the Governor-General in Council shall decla,re.

45. In certain cases for purposes of Registration under Act XVI of 1864, the Governor. General of India in Council to declare what authorities to be deemed to be the District Registrar and the Registrar General. 46. Regulations and Acts inconsistent with this Act when to cease to ha.ve effwt in Cantonments in Madras, Bontbay and the Punjab. \ v

ACrk No. XXPI o~ 1864.

{Received the ccssefzt of the Govergzor- Gencg-a1 on the lsl ifjwil 1864.)

A?a Act to make pj*ovisio?~,fop* the Ad~jzinist~atiojaof ~XilitcwyCallzto~znzents. WI-~EREA~it is expedient to make provision for 'egulating the administration of Civil and Criminal Justice axid the superin- Preamble. . ' tendence of Police and Conservancy, for protecting the public health within the limits of Military Cantonments, and for laying down local Rules and Regulations to be enforced within such limits; It is enacted as follows :-

I. The following worcls and expressions in this Act shall have the meanings hereby assigned to them, unless there be Interpretation. something in the subject or context repugnant to such' construction, that is to say :--

The words c6 British Inclia" deilote the Territories which are or may become vested in Her Majesty fiy the Statute 21 " Britiall Intlia." a,ncl 22 Victoria, Chapter 106, entitled " A72 Act for the betteq- Goverjtnzelzt of I~xcliu," except the settlement of Prince of Wales' Islancl, Singapore, and Malacca :

The worcls cc Local Governillent" denote the person or persons authorized by law to administer Executive Government in c' Local Go~~ernmont." ally part of British India :

"Sectiou." The ~vorri" Section" denotes a Section of this,Act :

TVorcis irnlsorting the singular tlunzber include the plural number, and words importing the plural number include the Nunl1,w. singular ilninber :

3Vorch importing the masculine gender include

11. The ACT No. XXII OF 1864. i 4 11. The Act and the parts of the Regulations in the Schedule liercunto alld of certain ti^^^., annexed set forth, arc hereby repealed to the ~epealed. extent in the said Schectule de~la~red.

111. When any person shall be invested by the local Goveriiinent under criminal jurisdiction of Canton. the provisioi~s of Section XXIII of the Code of uieiit I\Iagistrntc. Crinzind Procedure, with the powers of a Nagis- trate within the limits* of- any Military Cantonment, such person shall be styled tlie Cantonment Magistrate, and within the limits of such Cantonment shall, subject to the conhol of the 31agistrate ol the District in wliicli such Cantonmeiit is situate, cxercise the powers of a Xagistrate as defined in the said Code, for the purpose of disposing ul all cases ;\rising witllirl suull Can- tonixont which the Magistrate of the Distlbict might dispose of, and for the commitment for trial before the Court of Ftessioiz of the District or placeili which such Cantonment is situate, of any person chapged with ally offence triable before the Court of Session, or for which the person cliargecl shall appear to deserve a more severe sentence than a Na>gistrateis competent under the said Code of Criminal Procedure to award.

IV. The Cantonment Magistrate shall be consiciered a Magistrate in charge of a Division of a District within the Cantoument Magistrate to hc dcem- I cd a Magistrate in charge of a J)ivisioii meaning and for the purposes of the Code of of a District. Crimina'l Procedure.

V. When any person shall be invested by the local Government under the provisions of Section XXIII of the Code of Assistant Cantonnieiit Magistrates. Criminal Procedure, with the powers of a subordinate Magistrate of the 1st or 2nd Class within the limits of any Military 2 Cantonment, such person shall be styled the Assistant Cantonmenk Magistrate, S and shall be subject to the Rules laid down for subordinate MagiGrates in the said Code. i' -VI. The local Goverilluent may within tlie limits of any !Military Can-

smau Causc Courts liiay bc estahlisli- tonment establish a Court of Sniall Causes for the ed in Cautonments. trial of suits of the nature described in Sec- tion I11 of Act XLII of 1860 (for the establishtlaent of Cou~tsof Xnzclll Causes Beyond the Zoccll tinzits of the jzhrisdictioqa of the Xqyreme Courts of Judicature established By Royal Chw*ter),and the Cantonment Magistrate, if there be a Cantonment Nagistrate, shall be the Judge of the Court so .established within his jurisdiction. The local Government shall from time ACT KO. XSII oF 1864. ,i to time dcclarc tllc pccuniary limit of the jurisdiction of every Court estah- lishccl under this Scction, but such liiiiit sliall in no oasc exceed fi~-c liunclred Rupees.

VII. E.iic1.y flonrt of Biiiall Causes establislzed under this Act sllall he

-ict of 1Sf,(, to al,p!y to deell~edtc! he a Ccurt estal~lisl~eilunder tlze said hu~~lCGXIS~S. Act XLII of 1860, and 811 tlie provisioiis of tlic said -4ct shall bo :lSpplicsble to cvwy such Court, and to all suits instituted in 'aily such Court, oxcept as is hereill otherwise prouicled.

VIII. J%,Tlli:l-\e\it:~u Court of Small Cmses: is estalnlishecl in any Milibary Acts establi.;l~ing Niiit;i;ry (Jourts of Cantonment under the provisions of Section Till, tlie Reqtiests to .ce?.se to havz efii.ct in Call- .ollle,s I II- jurisdictioxi exercised in such Calitonmeiit by any trates are appointed to l~cSmall Cai~se Conrt ,Tutlges. CHkm under Act 111 of 1859 ("ol- confe?*~in,g @:i.ljil Ju.1-isdiction i7~ CCI'I.C~,~CC~SCS ~2~07~ C'CL~~O>L~I ~eniJoint .2fagist?-clte$,and f0.7- coq2,- .stitwt.hzy those Oflce?.s Reg.istrcc~-s of Dccdd shall ccase and determine, and so much of any Act as ,authorizes tlic Commanding Officers of Stations or Cantonments to convene Military Courts of Requests for the trial of' actions of debt and other personal actions as aforesaid, shall cease t,o have effect within tlie limits of such Cz~ntoimlent.

IX. The local Goveri~ii~entmay invest any Assistant Cantonment &tagis- ,! I E :Assistalli ~anto~rn~~~t:\l,lgistratc trate with the powers of a Judge of a Court of /' may be invested with powers of a Small Small Causes to try suits instituted in ally Court 4 Cause Court ~~d~~ in suith for 8 nmo~mntnot rrceediig fifty ihpsri. which is estsblishej under Section VI : p~ovicied that no Assistaiit Cantonmeht Magistrate shall have jurisdiction to tr); suits I for xn amount exceccling fifty Rupees.

X. Any Xiiitary Caiitoiirnent may be declared by the local Qoveriiivent Cantonment may be declared a sub- ' fo be a Sub-District for the purposes of Act XVI District under Act XVI of 1864. of 1864 (to p~aovide fo~the Registmtio~z oJ Assu~- =- ancBs). The Cantonment Magistrate of an.p Cantollment so declared shall be the Deputy Registrar thereof.

XI. The 'Police Force cmployed in a~iyMilitary Cantonment sliall be

hct v of 18e1 npl,licahlc to Police deemed to be part of the General Police Force employed in Military Cantonments. under the local Governmelit in whose Territories .such Cantonment is situate, witliiiz tlie meaning of Section 11, Act V of 1861 , (for the Regu,Zntio~z,of Police), a,nd all the provisions of the said Act shall be . applicable ACT No. XXII OF 1864. applicable to such Force. Thc administ.ration of the Police within the limits ALdlllinh3t:.Rtion of l,olice \\.it,li,l of ally Cmtonment in whicb there sl~allbe a Can- Cautoni~lents. toament ~Xagistrateshall be vested in tlle District Superintendent subject to the general coiitrol and direction of the Commancl- ing Officer of snch Cantonment XII, Tlze local Govel*izment may extend Section XXSlV of tlie said Act V of IS61 to ally Military Gal~tonrnentsituate E~tensiouOP Sectiou XXXIV, hct r of 1861, to Militnry ~antoilments. in the Territories under such C4o-\;ernnicnt. # XIII. 'l'11e. Colnmandiiig Officer of a Cantonment mnj- send any process requiring service or cxecutioil by any means not Scrvtce xlld e\ecntion, t~iroulah- Cnn- bnluellt Magistrate, of ~:-oce~siss~~c~lilllmecliately his clispos;t.l, to tlLe cl~iefPolice by Co~:lnlanding Ofricer uf a Canton- mcllt. Officer in the Calltoilineilt for service or execution through the Cantonme~zt Police, ttlicl it shall bc tlie duty of the said Chief Police Officer to serve or execute such process in tlie same lnallizer as if it had been issued by tlic Cantonment Nngist.rate, ttncl sul)ject to tlie same rules. [ XIV. It sllall be lawfill for the locarl Governmeilt to extend the provisions of Act XX of 1856 (LO ?~zcbli.ebetter pl+ozji~iosk Loeai Cro~e~nmentluay extend Act xx of 1856 to ally ~i~itary~311tou- fa- Ilbe ctppoiqztn.~rnzt nncl rncrilztnzconce of .l)oZice mcllt., : C/~ozc;keydcc~+sin Cities, l'olv~z.s, Xtcrt.io7z.s, Sileb~bs, ' a7bd Bctsu~si;lz the Pvesidmcy of PTb7.t TVillicfi??z iyz Bengccl), to any Military Cantonlnent to ~vhicllEL Cailtonmel~tXagistrate lnsy be appointed, .and the Caiztolzmeiit lfagistratc of any Nilitmy Cantonment to which the saicl Act sh~1,lTbe so extended may exercise all the powexs' vestecl in. a Magistrate by tbt Act subject only to the conti.ol of the Nsgistrate of tlie District and the local G~overnmerzt. If there be 110 Cantonme~l-k---N~ligistrikte,-the ..Mn@s, trate of tlie Dist,rict sl-~a-11carry out the provisions of tlie sa:icl Act when so extended as aforesaid. XV. It shall be lawf~~lfor the local Governn~entto orciela that any Mili- Alld may ili\~irionof Cellton. tary Callto~melltto which tlie provisions of tile meut?, kc. saicl Act YS of 1856 shall be estcndecl be clividetl into ally number of Calitoizmelit divisions, and to determine tlie nature of the tax to be levied i11 each such division according to Section X of the said ,4ct. XVI. Tlle local Govcrnmclit may prescribe rules for regulating the expenditure for the general l)Lu.poses of this Act, BzJ. may prescribc rules for regulating expenditare of funds miscd. of any fuilds raised iulder the said Act XX of 1856. Such funds may he expelzded for the puixposeof ~a~rrpiilgout any qleasures under ,. ,, ,.., , :.$

.: . . . <> .-. . : . 1.~.. ;;i :?.;1 ,j ACT No. XXII OF 1864. .J g ' 3 under any of the Rules a,nd Regulations made under Section XVII of this 4 '1 Act in addition to or in lieu of the purposes described in Section XXXVI of :$ the said Act XX of 1856. :.i'5 .$ XVII, The local Government shall have pourer to make Rules and %.'i;'.>."" .-.. "ur* And may make Rules aud Regulation8 Stegulations not illcollsistent wit11 the provisions to provide for certain matters herein- this Act,or Of any other lawin force, to provide after melltioned : the saillc to be general or special. rvi~hinthe limits of any Military Ca,ntonlnent for i'. the matters hereinafter mentioned, and from time to time to repeal, or alter, .,i such Rules and Regulation. Tlie Bules and Regulatioiis made under this $8.1 ;$ Section may be general for all Military Cantonments in the Territories under # .'+> the local Government making the sa.me, or special for any one or more of 4 such Ca.ntonments, according amsthe local Government shall direct. . . 4 j > XVIII. Ko &ule or Regulation made or altered under the last preceding ,

Rules and Regulations to be co~lfirmed Section shall have effect until the same shall have by GOV~~~OY-~eneralin Council. been confirmed by the Governor-General of India in Council. A copy of every such Rule. and Regulation when so confirmed, in English and in the Vernacular language chiefly in use, shall be hung up in some conspicuous part of the Office of the Cantonment Magistrate, or in such 1 othr place as the local Government or the Commanding Officer may disect. i

For what lnatters Rules and Itegula- XIX, The Rules and Regulations made tio~~sma7 brovide. under Section XVII inay provide-

1st.-For regulating, ,in cases in which the land within the limits of the Cantonment is the property of Government and the occupation and use of ' whicli by private persons is only permissive, the conditions under which such occupation or use shall be allowed, and under which tlie Government may i resume possession of such land, and under which compensation shall be given to persons occupying or using the laad so resumed.

2qzd.-For maintaining proper registers of immoveable property within tlie limits of the Cantonment, and for providing for the registration of transfers of such property.

3rd.-For regulating the manner in which houses within the limits, of the Cantonment shall be claimable fop purchase or hire, when necessary; for the accommodation of Military Officers. 4th.-For ACT Xo. XXII OF 1864. 4tlz.-For regulating the management and expenditure of any funds made j available Iny law or by the Goverizmeizt for the purpose of public improvements within the limits of tlze Cantonment, or for carrying out any Rules and Regulatioiis passed unde~this Section, and the appointment of the necessary 1 servants and estalnlishments. 5th.-For the definition and prohibition of public nuisances. Bt/z.--k'or the maintaina.nce generally of the Cantonment in a proper sanitary condition; for the prevention and cure of disease; for the management and regulation of the public roads, of conservancy and drainage; for the regulation and inspection of public and private necessaries, urinals, cess-pools, draiiis, and all places in which filth or rubbish is deposited; of slaughter houses, public markets, burial and burning grounds, and of all offensive or

' dangerous trades and occupations. 7th--For inspecting and controlling lluuses of ill-fame and for preventing the spread of venoresl disease.

8th.-For the supervision and regulation of public wells, tanks, springs or other sources from which water is or may be im.ade available for public use.

9tlz.-Yor the execution and promotion of works of public utility %nd convenience.

10th.-For the registration of deaths, and for making and rebording observations and facts important for the public health and interests. lltl~.--Eor the imposition of penalties on persons convicted of the breach of any Rule or Regulation made under Section XVII, and for declaring what persons shall make the preliminary inquiry into or take cognizance of any breach of such &ules and Regulations, and the manner in which the iiivestiga- tion shall be conducted. l'rovicled that no penalty so imposed shall exceed a fine of fifty Rupees, or imprisonment for eight days with or without labour.

XX. Breaclies of any Rule or Regulation made under Section XVII

Trial of breaches of Rules and Re- shall be triable by the' Cantonment Magistrate gulations. when there is such an Officer : but the local Gov- ernment may invest any Assistant Cantonment R/lagistrat.e, or any other person, with powers to try such bresches, and may authorize such person to exercise ' such powers independently of the Cantonment Magistrate. The Magistrate of the ACT No. XXII OY 1864. the District shall have no control over the Cantonment >lagistrate, or over any Assistant Cantonment Nagistrate, or any other person invested with such powers as herein aforesaid.

XXI. In every case in which an offender is sentenced to a fine for the Amount of fine i~n~osedhorv to be breach of any Rule or Regulation made under levied. Section XVII, the amount may in case of non- payment be leviecl by distress and sale of any moveable property of the , offender which iaay be found within the limits of the Cantonment.

XXII. If no such property sufficient for the payment of the fine can be founcl, the offender shall be liable to be impri- Imprisomnent in case of amouut not being levied. soned without labour for any term not exceeding one month.

XXIII. The imprisonment under Section XIX or Section XXII may be, if without labour, in the Civil Jail ; and if with labour, in the Criminal Jail of the District.

XXIV. Nothing in this Act nor in any Xule or Regulation made under

Proseclltious, under other Section XVII shall prevent any person from being latious> llot barred by prosecuted under any other Regulation or Act for any offence punishable under this Act, or from being liable under any other Regulation or Act to any other or higher penalty or punishment than is provided for such offence by this Act. Providecl that no person shall be punished twice for the same offence. I ,

XXV. mhenever it shall appear inccessa,ry for the protection of the health $ ,, A, '. f of the troops in any Military Cantonment, it shall ,fl<- For p~otectioiiof the health of the troous. and Rer,,lations lnade be lawful for the Gavel-nor General of India in " . the 7th 'lause lf Section may be extended beyond liinits of Council to extend to any place outside the limits of Cautouu~ents. such Military Cantonment, and in the vicinity of e. such Cantonment, all or any of the Rules and Regulations made for such Can- tonment under Clause 7 oc Section XIX, and to make any additional Rules ; and ncl.gulations under the said Clause,

Cantonment within which , such Rules and Regulations shall be in force. .SXVI. Whe ACT KO. XXII oa 1864.

XXVI. When such Itules and Regulations, with any additions1 Rules or Regulations made as above, shall be extended How pernilties iuay be iluposed and onforcedfor ofRules and Regn- under the last preceding Section to any place out- latio~lsin extelided li~nits. side the limits of such Cantonment, it shall be lawful for the Governor General of India in Council to provide in the manner described in Clause 11 of Sectioii XIX for the imposition of penalties for the breach of such Rules and Regulations, and for prescribing the manner in which, and the persons by whom, breaches of such Rules and Regulations shall be inquired into or be cognizable.

XXVIT. All Courts and Magistrates shall take judicial notice of all Courts, kc., to take judicial notice of 'Rules and Regulations made under Section XTTII Rules and Regulations made under this AC~. or Section XXV.

XXVIII. in any Military Cantonment, Rules and Regula-' tions have been made under Section XVII. so Eft'ect of Rules, &c., made under sictioIl XVII of this ~~t in respect of much of any Regulation or Act as may be held to Regulations, &c., previously in force. empower the Cornmancling Officer to make local Regulations regarding matters other than Military shall cease to have any effect in such Cantonment, and all local Regulations for any Military Canton- ment which may have been made before the promulgation of the Rules and Regulations for such Cantonment made under said Section XVTI, shall cease

Proviso. to have any effect. Provided that nothing in this Section shall be held to interfere with anyMilitary authority vested in the said Commanding Officer under. the Articles of War.

.XXIX. If within any Military Cantonment, or within any limits around such Cantonment prescribed by the local Govern- Pellalty for the unauthorized sale of el1iritltous liquor*,kc., tocertahl penon8 ment, any person not amenable to the Articles of in Cantonments. War, or any Sutler, or Camp-Pollower, shall knowingly barter, sell, or supply, or offer or attempt to barter, sell or supply any spirituous liquor, wine, or intoxicating drug to, or for the use of, any European Soldier, or to or for the use of any European or Eurasian being a Camp Follow- er or a Soldier's wife, without a writtep license from the Officer Commanding or from some person having sufficient autlzority from the Officer Commanding. to grant such license, the person so bartering, selling, or supplying, or offel: ing or attempting to barter, sell, or supply such spirituous liquor, wine, or intoxicating drug as aforesaid, shall be liable on conviction to a fine not exceeding one hundred Rupees, or in the discretion of the Magistrate tol imprisonment ,4CT No. XXII OF 1864. I ilxl~risonment,with or without hard labor, for any period not exceeding three months, or in lieu of such fine 01, iinprisonment to the punisl~xnellt of whipping, as prescribed for offences under Section 11 of Act VI of IS64 (to azc.t?zovke the punis?znze?zi: qf whipping in certailz cases), subject to all the lwovisions of that Act.

XXX. If ally person convictecl of an offence uncler the last prececling splr,tuous li(lUor, kr. cOllfis- Section shall 1)e agsin convicted of an offence ~vterlin r~rtaiilcnsci. ulidev that Section, ally spirituous liquor, wine, or iiitoxicnting drug within sucli Cantonment or limits, which at the tinie of tllc commission of such subsequent- offence shall belong to or be in tlie possessioil of such person, shall without furthey proof be tleeiiied to be in the possession of such persoil for the purpose of being supplied to EUTO- peal1 Soldiers contrary to the provisions of this Act, and sliall be liable to I)c seized alicl confiscatecl.

, XXSI. If any Camp Follower or Military Pensioner, or the -\?lifeoil the

Yenalty 011 certain persolis having m:idow of any Soldier, Camp Follomrer, or Military ill theil. possession within Cant,onments shall, ucll Calltonment or lilliits morc tha11 a certain qnantity of spirituous liquor a perl1lit, remove, coiivey, or have, in his or her possession any quantity of spirituous liquor or wine exceeding one seer or quart, without a permit to be signed by tlie Oacer ill Command, or such otlier Officer as may be appointed by him to grant permits under this Act, every such person shall be liable upon conviction to a fine not exceeding fifty Rupees, and for my subsequent offence to a fine not exceeding one hundred Rupees, or to imp~isoniiientwith, or mitllout hwcl labor, for any tern1 not exceedhg three calenday months : provided that nothing in this Section colztained shall apply to any liquor brought into a Cantoiime~ltfor thc private usc of any Conz- missioned Officer. @ i XXXII. If any person subject to tlie provisiolls of this Act sl~allbe fo~ulcl Arrest of pwijons co~l~rnitting~ffellceC~mlllittillg ally offellce Cont~al'yto Section XXX unde~Section XXX or XXXI and sei- zure of spiritnons liquor kc. in theiy Or Section XXXI of this Act, ally Police Office possession. may irnnicdiately witliout warrant arrest SUC~person, and also seize any spirituous licyuor, wine, or intoxicating drug, together wit11 any vessel containing the same, and any thing used for the lsurpose of removing, conveying, or conc,ealing the sanie, nrhicli may be found in liis possession, and shall thereupon without delay take such person together vith the things so seized, before the Csntonment Xagistrate or othcT Officer having tj~risdictionto punisli the offel~der. SSSITT. I11 ACT KO. XXII OF 1864,

XXXIlI. ln case of a con~iictioilfor any offence under BectioG XXX

Coi~fiscatiollof intoxicating liquo~; or Section XXXL of this Act, the Cantonment ,, kc., in rcsl)ect of \yhicll there may be a co~~viution,or \vhid: lnay be ill pas- &Ja.gistrat.e, or other Oflcer, may acljudge ally sc..ssion of the party convicted. licpor, -miize, or intoxicating drug in respect of 7 .which the party shall -be conr~ictecl,and any other spi.rituous liqu.or, wine, or iiiioxicstlilg drug which shall be i'ound in his possession at -the time of conirnittiiig the offence, and any vessel containing the &me, together wit11 ally thiilg usecl for the 1:w-rpose of conveyiizg, removing, or concealing the same or any part thereof, to be confiscated; and such Nagis- trate inay order the whole or ally part or pa,rts of ally fine iniposed under this Act to be paid, as soon as the same shall be realizecl, to the perscn upon \%-hoseinformation such coaviction shall take place, or to the Officer who shall have apprehended the Offender, or seizecl any of the goods;adjudged to be confiscated. I

XXXIV. Anything seized under Section SXXlI in respect of which a,11y l~ei'soi1shall be charged mit,h an offence, may Property seized under this ~ctmay i~t!detained nntil party charged \vit>l be ordered to he detained until the person in nrLose oti'cnce is conr~ictedor acquitted. possession .the sanie shall have been seized shall be convicted or acquitted of the oifence charged. If the persoil shall be acquitted, any tliil-lg so seized shall be restored ; if he shall How to ?)c clisl~ocdof. be conrictec!, such of the tliiligs ouly, if any, as shall not be ad,judged by the Cantonmelit %lagistrate or othe~0ilice.r to be coiifiscttted: shall be restored : the rellzainder shall be dealt with as coqfiscated.

XXXT'.--The foregoing Sections shall not apply to the sale or supply of

of articles or sul,plicd any article for medicinal purposes, by recognized ikir'meilicil~all~nrposes. Nedical Practitioiiers, Chemists, or Druggists.

e XSXVI. Kotl~ingin this Act shall interfere ivith the jurisdiction of Courts ~artial,or of Co~iirnandingOfficers of Can- Act not to interfere \\,it11 jurisdictib~l of COLW~SMartid, kc. to11n1cnt.s OP of Regi~ieats,Corps, or Detachments-: uncler Act XXIX of 1661. (to co~zsolidc~teas~cl anzend the Articles of War foga-- the &;o"velvtnzert.t of the ~Vc~tiue04J;cevs and Soldde~~sin Ver Xujesty's fizdiumj Arnzy), or under Act T; of 1863 (to avzcnd Act LYJYILYof 1861), or with the- provisions of my Statute for pui~ish&gmutiny aiid desertion of OEcers and Soldiers in the service of Ber Najesty ill the Ea'st Indies, and the Cantoizment Magistrate s'ha,ll exercise 110 jurisdiction in respect of such offences, Pro; vided that when a Cantonment lXagistra,te or othel Provi:o. Officer not being the Commanding Officer shall kavt beer ACT So. SXPI OF 186.4.

l~ceizvested by the local Goverinment with power within the limits of any Military Caiztoiiment to dispose of cases under any R.ule or Regulation made under Section XVII, it shall not be coinpetclit to the ,Coinmamding OEcer to exercise the powers described in Article 84 of the mid Act XXIX of 1861 in respect of any case arising under such ltule or T~~gulation,when such Rules a~lcl13eg:rlntiol1s have beell passed for such Ca.iztol~~xentuiider Bektio11- XVII, a~idpenalties shall have been laid down for their infi-ingemelit. The said Rules a:iid. Regulations shall be held to be the R.ulus aiid ILegula.tioiis sficil., tioned in the said Article S of the said Act XX.146 of 1.8161, and so iiziclt of tlie said Article as declares the pena.lties which inay he ii~flicted for 11re:ich of cz.iitolzment lX~egulations,shall ceil,se from that time to lmve ally egect in sucli Cniitoi~mellti, SXXVII. All Acts clone previcus!y Go the pa.ssi~igof this Act by Can- tonment Joint Magistrates, or by persons zcting Certaii; Acts done 1,y Cantonment Jragistrates l~eforeille l~assing of tlris under their authority or otherwise in any Military Art confirmed,

, Caiitoiirnent in pursuance of an order of Govcm- ment, or which shall havc been or shall be ratified by the Executive Govern- ment, are hereby confirmed and made valid ; aiid all sucli Officers and persons as asforesaid are hereby indeimified and discliarged froin liability in respect of such Acts. XXXVIII. This Act slia.11, save as hereinafter is provided, extend only

Place of operntion of this AC~. to the Presidency of Port TVilliam in Bengal. XXXIX. The provisioi~:~of this Act may be extended by order of the Governor-Gelicral of India iq Couiicil to any place Operation of this Act mag be extended by order of' tile Go\,el*llor-Ge- ~ulclerthe illlmediate administratio11 of the Govern- nerd ,in Council to certain other plnces. melit of India, and to any place in India lsut not i jii :-i2rifisll Illilia in which Britisl?. Troops a7recantoned. X.L. P The 111-ovlsions of this Act mag be cxtended by order of t,he Govern- T~ \vllat tile operation of tlli5 or of Nadras in Council, or by order of the GOT- Act may 11s eateuded l~yil~c Govern- Inellts of lIadrns, 130111bay or tile ernor of Roi~bayin Council, and by order of the Pniljxb. Lieutena~zt-Governoy,of the Yunjab to any part of the territories sul~jectto their respective Go~~ernments. + XLI. The provisioiis of this Act may be extended by order of the TO l)laces the ol)eratio,, of this Lie~tenalit-Goveriiorof Bengal, or by orde~of the Act may he extended by the Qo\rerll- ll,e(lt Of Bellgal, or of the .Licutc~laiit-Cove~i~orof the Nusth-Westerii Prov- W~ste~nProvinces. i~zces,to any part of the. territories under their respective Governments not withiii the Presidency of Fort William in Bengal. XLII. Every , .' . .,.. , , .. , . , ,

ACT No. SXII OF 1.864. XTih:L Every order issued uiider Secti0n.s XXSIX, XL or XLI sllaIl Pu!,lication of Orders extending tl:e pLll~]iSheClill the Officia.lGazette. . .o o~erationof this Act. 3 4.., 44 XLIII. If in the 'l'crritories not subject to the general Regulations, or , Authority to \vl~icllcommit~ncnts in any part of India l10t subject b the British $ shall hc made and appeals preferrecl P ii. clntm1nent be ,t sihate in any Government, a,ny person. be invested with the pow- clisti*ict ill which there is ;my per- .i3 powers of Co,nL ers of a C:antonn~.eiitMagistrate within the limits ,< of Session. i of any Cantonment situated in any d.istrict orplace- ~j i11 which there is no persoll exercising tlze powers of a Court of ~essi'on.,tile Govenlor-General of India in Council may direct to what authority the corn- lnitments shall be made a,n.d by what authority the appeals from the senten.ces alzd orclers passed by such C:ant.oi~ii~entMagistrate shall be heard and determined, and such commitments and appeals shall be heard and deteyrnined by such authority in the samc liianller as if the commitments had been made, or the sentelices or orders appealed from had been passed, by a &Isgistrate within tlse jurisdiction of a Court of Session. The Governor-Generd of llldia ! in Clouncil inay also direct by what authority appeals from the qenteilces ancl Ij orders passed in cases committeci. by such Cantonment RXa,gistrate shall be i heard and determined ; and such appeals shall he heard and deternlined by such last mentioned authority in like manner as if the sentences and orders ap. pealed from had bee11 passecl by a Court of Sessions.

XLIV. If a Court of Small Causes shall be established uncleiq section VI

In certain cases powers veskd in in ally Military Calztoninellt in the Territories not the Sudder Court under Act XI111 of subject to the general Kegulations, or in any part 1860 to be exercised by such authority as the ~o\.rrnor-~eneralin Coullcil of T1iclia not subject to the British Government, shall deckre. the Governor-General of India in Council shall declare what authority shall exercise the powers vestecl in the Budder Court by tllc provisions of the said Act XLII of 1860.

XLV. If any Military &Ca,ntonmentin a,ny pwt of India iiot subject to

111 pertain cases for purposes of the Bri.tis11. Goveniment shall be declared by the Ji.egistratioi1 under Act XVI of 1864, the G~,.~~~~~-G~~~~~~of ~~di~ij1 Governor-General of India in Council to be a Sub- Couiicil to declare \vliat authorities Lo be dccl,le,d t,o I,e the Registrar District foil the purposes of Registration under and the. I?egistrar Ciencral. Act XVI of 1.864, the Governor-General of India in Council shall declare what aut.horities shall be deemed to be the District Registrar alici tlie Registrar General respectively wit11 reference to such 31 ilitary Calitonlilent 2nd t,he :Deputy Xegistrar thereof.. XTAVT. Yrom XLVI. Fro111 the date on which any Cc~iitonmeiitNagistrate shall begin ~egulatio,ls and Acts ill~ollsistent to exercise jurisdiction under tliis Act in any Can- with this Act whell to cease to have effect in ~antomnentsill Madras, tonment in the Territories subject to the Govern- Bontbny, mtd the Pu~ijitb. rnellt of Madras, or to the Governmeiit of Boinbay, or to the Lieutenant-Governor of the Punjab, so iilucli of the Regulations and Acts for tlie time. being- in force in such part of the said Territories as is iu any niay il~coiisistentwith or repugnant to any of thc provisions of tliis Act sliall cease to have effect in sucli Cantonment.

Title. Extent of Repeal.

Bellgal Code.. For the support of the Police in the Cantoilmeilts and Military Bazars; for de- filling the powers of the Civil and Military Officers 1 in the performance of that I cluty ; and for fixing the local limits of the said Cantoilments and Bazars.. Regulation XS. 181.0... For subjecting persons at- j tached to the Military 3:s- tablisllments to Martial So much of Section XI1 Law in certain cases, and as declares that the for the better government persons therein men- of the retainers aid depend- ants of the Army receiv- tioiled shall be liable to be tried by a Native ing pltblic pay on fixed } Establishments, and of Court Martial for the offence stated. Also persons seeking a liveli- Sections XIII, XIV, hood by supplying the Troops in Garrison, Can- XV, XVI, XVII, XVJII, and XXI. tonment, and Statioil Mili- tary Barns, or attached to / Bazars of Corps ...... j J I I Kuml~crand date of Act. I Title. Extent of Xepeal. I /

For ~egulatingthc snlc The wholc Act so far a.: spiritno~lsliquors, kc., it rclates to tlie Bcn- Cai~torni~rnis . . g:tl Presidency. a f ACT No. XXIIII OF 1864. 'J"1

(.Received the assent of' flte G~zvr~zor-Gmzsl'alon the 7th April 1864.)

$12 Act to an~e'nd the law relath~g'to the C8stbnl.s Dzctks 012 goods imported by 8eu.

TVhereas it is expedient to amend the law relating ta Yremnble. tlie Customs Duties ; it is enacted as follows :-

I. From and after the passing of this hi;, AC~XXVI of 1863 (lo amend Act XI of 1862, to nueeatl Act X of 1860, to amend Act TI1 Act XXVI of 1863 repealed. of 1859, to alteq. the Duties of Custolns o.n Goods inported or e~portedby Sea) shall cease to have effect, except 'as to any act done or liability incurred. , 11. From aid after the passing of this Act, in lieu of the Customs Duties X CIB~O~~Duties to bc levied m pre- authorizei in Act X1 of 1862 (to amefad Act of rcribod in thb Section. 1860, 10 culloeqhd Act 711 of 1859, to azter the

Duties of Customs om Goods iinzported 09. exported by flea) to be charged on Iroc ; on Wines and Liqueurs ; on Porter, Ale, Beer, Cider, and other similar fermented liquors ; and on Tobacco and on all articles not enumerated in the Schedule annexed to the said Act XI of 1862, there shall be levied and collected, in conforn~ity with the provisions of Act V3: of 1563 (the consoIidatecl Customg Act/, the following Custou~sDuties ; that is to say ;-

On Iron (which shall not be taken to include ironmongery, cutlery, or hardware) . . , One per cent. ad ualmem :

1 On Wines and Liqueurs ...... One Rupee the Imperial gallon : 4 *s On Porter, Ale, Beer, Cider and other similar < fermented liquors ...... One Anna the Imperial gallon :

On Tobacco whether manufactured or not manufactured ...... Ten per cent. nd valorerz :

I On a11 other Articles not enumerated in this Act or in the Schedule ii annexed to the said Act XI of 1862 ...... Seven and a half per cent. ad ,valorem.

. .

(.ReceZ.csed the asseut of the Govewzol.~-Gie~~ze~~c~J072 the 8tlz A21'"il 1864)

AT.Ac,! ~.eluiii~yto the Acln~hzist~utio~of ce~tuin Bistricts zcnder the Goue~*r~.ul~el~t of tlze Eiezsteficsqzt- Gouerlzor of the Arorth- JVestes'lz PYOV~ZC~S.

TVn~la~ascertain Rules for the administration of Civil Justice and for the superintendence of the settlement and of tlie real- L'reai~iblc. izat.ion of the Public Revenue and of nzatters rclating to ~entin the Districts of Jhansi, Jdoun, and Lullutpore, were made by the Lieutenant-Goyerlior of the North-Western Provinces, and came into operation on the twenty-eighth clay of January and the seventh clay of February 1862: and whereas the said Rules, so far as they relate to the administration of Civil Justice, were ufterwa~dsextended by an ordey of the Lieutenant-Governor of the North-%Vestern Provinces to the Provinces of ICumaon and Gurlzwal: and whereas it is expedient to prevent the validity of decisions, orders, and proceedings passed or helcl uncler the said Rules being questioned only by reason that the said Rules were not made in accordaizce with the provisions of the Indian Comncils' Act 1861 : and whereas it is expedient to make provision for the administration of the Districts and Provinces aforesaid ancl also of a tract of country in Delzrs Uhoon in tlie Sorth-Western Provinces known as Jounsar Bawur ; it is enacted as follow-s :-

I. The Rules made as aforesaid by @e Lieutenant-Governor of the

Roles relating to jurisdictiol~ and North-Western Provinces relating to. the juriscfic- ~~occ~lu~eof Re*enae Officers, kc., to tion alld proceclure of the Be~renueOficers, 2nd for be deemed valid from date of issue. the superintendence of tlze settlement and of the ~ealizationof the Public Eevenue, and of matters relating to rent, within tlie said Districts of Jlzansi, Jaloun ancl L~~llutpore,shall be deemed valid for all purposes from the

hC!il Sc.. lSXlV OF 1864..

.LI. The Xuleu made as doresaid by the Lientenant-G-ovcl~10~of the Rules i-clatiilg to the admillistration North-Western Provinces for the administration of of Civil Justice to be deeuled \,:did from date of issue uutii thc coluing iuto oper- Civil Justice ~ritliinthe said Districts, and there- ! ation of this Act, and in ]>a,rt to cou- ; tinuc of rfirt. after such pc~ioci. after extended to the Pro\~iucesof Ruinaoll and

Gnrh~~~alas aforesaid, shall be deefilecl .valid for all puryuses from LLe dale - on ivllicll ILey were issuecl .until this Act ehall come i11.h itl.w~a:iii(,~, . fit) I,, ii,.;tl(-,f the said Rules as relates to tlzo establishlveiit of Courts of Civil Jnclicature,

@ lwoyiclcs for tlrc trial of snits a,nd appeado 113' Comlnissioners, ~epnt~Corn.. 1nissi0ner.s of Districts, Assistant Goi~missioaers,Extra Assistant Commission.. ers, a,nd Tehsildars, together nrith so much of the said Eules as rela:tes to tlre periocls of appea.1from clecisions a.nd o~dersmade lsy such Courts, shall co~itiizue: to be ill force after this Act shall have coilze into opera,tion.

1 111. No decision, ordcr, o~ proceeding of any Court or Officer under any 1 Vali&tg given to all decisions, kc., of the said Rules, made and extended as aforesaid t 1)efore the coming iuto operation of this E- ACL.. by the Lieutel-ra,nt,-Governorof the Eorth-Western ,. Provinces, shall be q~~~stiu~~t:rlon. t11e groui1d of such oidcr, or, decision, having been pnrjscd, or 1,r r;uch' proceeding hsvirrg heen held, before the date fixkri fnr :this Act to corn into bpera,t#ion,

1V. Nxcept as ill this Act is otl-le~uisel~rovided, the proceedings in Civil

Proceedings in civil suits bow to BC suits of every description between party and party, regulated, brought in the said Courts of Civil Judicature, shall be rcgulatcd by the Code of Civil Procedure. i

V. Every suit shall be instituted in the Court of the lowest grade com- 1:: what Courts suits to be iustitatcd, petent to try it.

VI. It shall be lawful for the Commissioner or for the Deputy Cornmi+ power of Co~un~issiolleranJ Deputy sioner of a. District t.0 ~vithdrawany suit instituted Com~nissioncr as to suits i~lstit~~tcdin my subor&nate Court. in ally Court subordina,te to the Court of such Commissioner or Deputy Cornrnissioner, and to try such suit himself, or to refer it for trial to any other Court subordinate 'co his a.uthority and competent in respect of the value of the suit to try the same. VII. If the suit be for la,nd or other immoreable property situate within the local limits of the jurisdiction of dserent Trial of suits for innnaveable property situate within the .jurisdiction Courts, the suit ma,y be brought in any Court of ciiffcrent Courts. . , otherwise competent to try it, within the jurisdic- ' - tion of which any portion of the land, or other immoveable property, in suit is situate ACT1 No. XXIV o~ 1864.. I p.

sitmuate; but in such case the Court in whiclr ihc snit is brought shall apply to the Deputy Commissioner of the District if the suit is brought in ally Court subordinate to the Deputy Commissioner, or to the Commissioner if the Court in wllich the snib is brought is the Court of a I>eputyCommissioner, for authorit'y to proceecl with the same,

VTII. Tlre periods of regular and special appeal p~escribedin the Rules, which by Section I1 of this Act are to continue in 1'eriod.j ot' appeal how to bc recko~cd. force after this Act shall have come into operation, shall be reclioned 'from and exclusive of the day on which the judgment appealed against shall have been prorrounced, and also exclusive of such time as may be requisite for obtaining a copy of the decree from which the appeal is made. Appeals froni orders, when such iPpea,ls are allowed by the Code of Civil Procedure, shall he presented within t-hc, sa.me period as appeals from decrees.

IX. Act XIV of 1859 (to plaovide fir the limitcction of suits) is hereby ~ctXIV of 1850 extentled to cer. extended to the saicl Districts of Jhansi, Jaloun t,:~indistricts and provinces. and Lullutpore, ailcl to tlie said Provinces of Kulnaon and,Gurhwa,l, and shall take effect therein fiom the date on which this Act comes into operation, subjec-t to the proviGon contained in Section XXPV of the said Act XIV, of 1859, as ~egardspending suits instituted, within . two years from the da5teabove mentioned.

k. It shall be lawful for the Lieutenant-Governor of the North-Western Provinces by notific~tionin tlie Official Gazette, to Operation of ltegulations and Acts may EC extc~l(lecI to the sanle di8- extend to the saicl Districts and Brovinces the trirts wd provinces, kc. operation of any Itegulatioil or Act now in force in the Districts, under his Government, which are subject to the General Regu- latsions, and to decla,re in whorn any authority to be exercised under any Regn1at:ion or Act so extended shall be vested.

XI. The administration of Civil and Criminal Justice, and the superintendence of the settlement and realization of the .ldud~~istratiouof justice and collection of Revenue in tract kuo~nas Public Revenue, and of all matters relating to rent, Jolmsar Bawur in whom to be vested. within the tract of country in the Dehra Dhoon called Jounsal* Bawur, are hereby vested in such Officer or Officers as the Lieutenant-Governor of the North-Western Provinces may, for the purpose of tribunals of first instance or of reference and appeal, appoint. XII. The X1I. The Officer or Officers so appointed slid1 be guiclecl by the Bules 24 made before the date fixed for this Act to come % llules for administration. 2 into operation by the Lieutenant-Governor of the -, North-3Ve~tern'P~ovincesundcr tho authority of Act YIV of 1861 (to s3emove I ce~*tailzt~acts of ooz~ntryi7z (he Rohilcll.n,~ldiivi8io/?, jronz tlze jzlrisdiction of the t~-ibtmc~lsestab lis?~eclzmclev the General ~e~ulationso~ul Acts), for the gjuidance of' the Officers a~point,edto aclminister the tracts of country clescribed in the . saicl Act.

XITI. The Lieutenant-Governor of the Sorth-Western Provinces may, a iodeof Civil Procedure lllay he ex. by notification in the Official Gazette, extend the tended to certain tracts. Code of Civil Procedure to the saicl tract of country known as Jounsar Hawur and the tracts of co~~nt~ydescribed in the saii Act SIV of 1861.

XIV. Nothing- in this Act, or in the said Act XTV of 1861, sball be held 1F I to cxclude the said tract of country known as Such trmts not to be held excluded ! by this AC~or ~ct XIV of 1861 from Jounsar Ba'cvur, or the tracts of couiitry described , the operatio~lof the Indian Penal Cotle.

in the said Act XIV of 1861, from the operation1 of the Indian Pcnitl Code.

XV. This Act shall come into operuliou uu Operadon of Act. the first day of Nay 1864. MARRIAGE.

ARRANGEMENT OF SECTIONS.

/is to the persom 6y whon~,iMnrriage ?nay 6e sole?tt?~ized. SECTION. 1 . Marriage between persons professing the Christian R,eligioll to be solemnized accoadi~~ 3 to the provisions of this Act.

2. By whom to be solemnized. % i t 3. Declaration and certificate no longer required. L 4 4. Licenses to soleinnize marriage by wlloni to be granted.

5. Marriages solemnized otherwise than according to this Act to be void.

6. Marriages already solem~lizedby certain persons to be deemed valid.

4s to the mode of solenmizing ~?fawiagesunder this Act.

7. Notice of intended marriage to whom to be given. Form of notice. Proviso.

8. Publication of such notice.

9. Notice of intended marriage in private dwelling.

10. Notice when one of the parties intending marriage is under ttventy-one yea,rs of age.

11. Publication of such notice.

12. Appointment of Senior Marriage Registrar.

13. Issue of certificate of notice given and decla~ationmade. Proviso.

146. Certificate in certain cases not to issue until fourteen days after receipt of i~otics 15. Declaration to be made before issue of certificate. "

16. Consent of parent or guardian when necessary.

4l? 17. What persons may prohibit issue of certificate by notice. $3

18. Minister how to proceed on receipt of such notice, &c. W '19. Proceedings before issue of certificate in the case of Native Chrisbians.

20. 'l~ormof certificate.

1 After issue of certificate, marria,ge may be solemnized.

I 22. Certificate to be void if marriage be not solemnized within two months.

23. Proof of marriage in accordance with the provisions of part I of this Act,.

.. - PARTT.11.

l5vz.e for so2em.nizing ilrfn~riu,qeu.

24. Hours between ivhicll marriages to be solemnized. Proviso.

PA!

.&5. Marriages with certain-exceptions to be registered as hereinafter prescribed. Proviso.

26. Registration of marriages solemnized by Clergymen of the (?hurch of England.

27. Qua-rterly returns t,o Archdeaconry.

28. Registration and returns of marriages by Clergymen of the Church of Scotland. --% R9. Marriages solemaized by certain persons to be entered in a. Register Rook ad ;g also in a certificate.

SO. Such entries to be signed and attested.

31. Sue11 certificate to be forwarded to Na~riageRegi~trar, copied, and transmittea ts Government.

3%. Copies of certificates how to be entered and numbered. 33. Registra.1. to rtdd number of entry of copy to the certificate, &c.

3. Custody alld disl)nsal of Register Book of marriages solemnized under Part V of thi~ Act.

35. Trallsmission of certiticat,es of certain marriages to Secretary of State for India.

36. Correction of errors.

81. Searches may be made aid copies of certificates given.

38. Appropriation of fees.

39. Certified copy of entry in Marriage Begister, &c., to he received as evidence of m+~-

riage without further pro3f. -

40. These provisioiis not, to apply to Ihgisters or certificates of' certain marria,~a,o solemnized by Marriage Registrars. PART V. As to tAe Mar.i*iagle qf certain ATative GAristians. 41. Provision for marriages of certain Native Christians.

42. No notice necessa.ry before marriage, but certificate of mamiage may be given, Conditions.

43. On marriage (the conditions having heen fulfilled), licensed pexson to grant a certificate thereof.

44. Licenses may be revolred. 45. Grant or revocation 6f license how to be notified.* 46. Ma,ryiages. . performed under the provisions of Section XEII to be valid,

41. Register Book to be kept.

48. Searches to be allowed in the Register Book. PARTVT. As io Penalties.

49. Punishment for false oath, declaration, notice, or certificate, for procuring marriage,

-50. Punishment for forl~iddingthe meby a Marriage Registrar of a certificate 5y representation. SECTION. 5 1. Punishment for s persoil, uot duly authorized, solemnizing a 1na.rriage.

52. P~lnislirnentfor solcmnizing x marriage otherrvise than betmeen certain hol~rs,kt,. .

53. P~l~~ishmentfor solemnizillg 1lzarriag.e whea either par* is untlcr age within a cer-

tain time after notice. '

54. t'unisllment for Registrars issuing certificates, or solemnizing mai-riages, without publication of notice, &c.

55. Plmishment for persons authorized under this Act, but not 1)eirlK Clergyme~lof the t Church of Zngland or of the Church of Scotland, snle~nnizin~marriages witllont of notices, kc.

66, i9miishment on unlicensed person pretellding to gra,ilt certificate of ma1.iaP under Part V.

57. Punishment for making false entries.

58, Jurisdiction to punish offences punishable under this Act.

59. Codc of Criminal Procedure applicable to il~vestigations antl uornmitt~tlsunder ths Act.

60. Meaning of '' ChurcIl of Ellgla~~lld.'' And of " Church of Scotland."

61. Operatio~lof Act. (Received the assent of tlze Cove~qzor-Geqzeq*cil on tlze 9th April 1864).

---

A% Act to provide furthe?. for the solemnization of Narricbgcs il.6 Azdia of pe~~sonsPI-ofessing the Christian 3eligion.

P 7 WHERBASit is expedient to provide further for the solelnnization of marriages in India of persons professing the Chris- Preamble. tian Religion ; It is enacted as follows :-

As to the persons by wlzonz Marriage may be solemr~ized.

I. From and after the first day of July 1864 no marriage between persons, one of whom is a person, or both of whom Narriage between persons professing the Ch~istianReligion to be solelnnixed itre persons, professing the Christian Religion, accordirg to the provisions of this Act. shall be solemnized, except in accordance with the provisions hereafter stated in this Act. 13y whom to be solemnized. 11. lvarriages may be solemnized in India- 1st.-By any person who has received episcopal ordination, provided that the marriage be solemnized according to the rules, rites, ceremonies, and customs, of the Church of which such person is a Minister. 2nd.-By any Clergyman of the Church of Scotland, provided that such marriage be solemnized according to the rules, rites, ceremonies, and customs, of the Church of Scotland. 3rd.-By, or in the presence of, a Marriage Registrar under the provisions of the Statute 14 and 15 Vic., cap. 40, or of Act V of 1852 ('010 yivkg efect to the provisions of m Act of Pa13limzetzt passed in tlze 15th year of the reign of IZer presegzt Hajesty entituled an Act for nzaq*riuges in Azclia) of the Governor-General of India in Council. 4th.-By AC'T KO. -XSV or 1864, 4th.--By ally Minister of Religion, -\vho, ulicler the provisiolis of this Act, ' has obtained a license to solellznize marriages. ,

5th.-By any persoil who, wit11 respect to marriages between Xative Christiaas, sliall have received ulldcr tlze pyo~~isioizsof Part V of this ,4ct, a liceilse to grant certificates of marriage.

111. From ancl after the first ciamyof July 1864, the cleclaratioil and

1)eclilration and certificate no lonqcr certificate required by the Stat~tt:58, Geo. 111, rcquii.ec1, cap. 84, and Act XXIV of 1860 br~~the solenzqziaa- tio~zof ,Mcc~riccgles i?z Jndic~by oxlailzed ~7fi1zisicrsof the C1zzcsaclz of scot la:^ d) of the Governor-General of Inclja iiz Council, shall be no longer required.

IV. Froin aildl after the first day of July 1864 the Governor-General of

l,icclises to solemi~izemarriage by India in Co-~ulcil,the Go~e~norsof Nadras a~id W~OIIIto be granted. Bombay in Council, and the ~ieutenant-(:over~~ors of Bengal, the North-MTestern Provinces, and tlie Runjab, shall ham authority to grant licelises to Ministers of Iteligion, to solcnlnize ma'rriages ~vithinthe territories s-~113ject to such Governor-General, Goveriiors, aid Lieutenant- GOJ-ernorsrespectively.

V.-Prom and a,fter the first day of July 1864, all niarriages solenlnized in India otherwise than ia accordaizce with tlie 31,lrriages sole~linizedother\~isc tllnii accorcling to this ~ctto be void. provisions of $cctioiis I EL~IC~11 of this Act, shall be iznll and void.

VI. All marriages sole?niiizeil in T~icliabefore tlze first clay of July 1864

31al%lia~~qalready solelnnized by by persous ~$110 havc not receiwd episcopal ordi- rertnin ~ersousto be deemed valid aation, oy ~110have iiot other~siserecei~recl express authority to solemnize sucll marriages uilcler Acts of Farliarne112; or Acts of tlie Governor-General o F I~~cliain Council, if not otherwise invalicl, shall be deenzed valicl to all intents and 1)nrposes.

As to' tlze nzocie of soZenz7~izi.i21~-Wc~z~~*iages z~zcZe~* this Act, VII. In every case of iiltenclccl iilarriage Isetweeii persous, one or both 12'otice of intellded lna,,,,in8c to of ~37110111 sshdl be a person or persolls professing wlto111 to be given. For111 of lioticc. . the Cl,l,istialz I

21!rl.--By a Clergyman of tlie Cllurcll of Xngland according to tllc rites, rules, ceremonies, and custon~s,of that Cliurcli : or

3rd.-By a Clergyman of the Church of Scotland accorcling to the rites, rules, ceremonies, ancl customs, of tliat Church : or

L4?.f?:.-B-ja 1,ersoii nillo 11%~received a license to grant certificat.es of marriage between Native Cllrist,iitiis ~mclerthe provisio~isof part V of t,his Act--

One of the parties slrall give ~lo~icein writing accorcling to tlie form prescribecl by tlle Schedule (A) to this Act annexed or to the like effect, to 4: 5 the BIiiiister of'Religion whom he shall desire to solemnize the said marria,ge, ancl sidl state t,hsreiii the ilslne or names, and the professioii or conclitioii, of enc!l of the parties inteiidilzg marriage, the dwelling place of each of them, and the time (not being less than four clays) during ~vliicheacli has dwelt they?, and the Church, Chapel, or otlier place of, or generally used for, public ~vorshjp,or the private d~vellingi11 wllich tlie marriage is to be solemnized. Provided tl~atif either party shall have clwelt in l'roviso. the place sta,tecl i11 the notice during more than one ea.ielidar month, it izzay be stated therein, that he or she has dwelt there one 11101itli and upwards. Provicled also that at any place or Station where there is a Cliurcli or Chapel, or other building generally used for pul3lic ~vorsllip,no Clergyman of the Cllurcli of England sliall solemnize a marriage in a pri7;ate dmrelliag or i11 any place except i11 sucli Church or Cliapel, or other building genera,lly used for public worship, unless he has ~ceiveda special license authorizing him to do so from and under the llancl and seal of tlie ~isliopof tlie Tliocese, or from the Coinniissary of such Bishop. For such special licence the Eegistrar of tlle Diocese shall be entitled to charge sucli aclditioiial fee as the Bishop of the Diocese niay sanction.

VIII. The Jtinistcr of Religion t,o ~vhoin such notice shall have beell delivereci, if he sliall be entitled to officiate in the P111~lic:ltiu;l of s~~cllnotice. Church, Cllapel, or place of, or generally used for, pul~licmorsliip i11 ~vhichit is intendecl to sole~nnieethe said marriage, sliall publish every notice of marriage ~.eccivcdby him, by causing tho same to be pnblislied aiici affixed in some coilsyicuous :part of the said Ch~~rcli,Chapel, or place of, or generally usecl for, public worship in ~vliichib is iiitelided that the said iliarriage shall be solelmlized. If such Minister of Religion shall not be entitled to oiliciate as a Minister in s~~cliChurch, Chapel, or place of, -4CT No. XXV OF 1864.

or geilernlly used for, public worship, he shall at his option either return the said notice to theprson delivering tlie same to him, or shall deliver tlie same to some other 79Iil1ister entitled to officiate in such place of worship, who shall thereupon cmse the same to be so published and affixed in the said Cliurch, Chapel, or place of, or generally used for, public worship.

IX. If it, be intended that the marriage shall be solemnized not in a, Church, Chapel, or otlier place of, or generally Notice of intended ~narriagein private dwe!ling. used for, public worship, but in a private dwelling, the Ninister of Religion receiving the notice prescribed in Section VIH shall forward it to the Marriage Registrar of the District who shall affix tlie same to some conspicuous place in his own Office.

X. TYlien one of the parties intending marriage (not bcing a widow or widower) is uncler twenty-one years of age, every Notice xhen one of the parties intendillS nla,rriage is ullder Ninister as aforesaid who shall receive such notice, years of age. and who shall not forthwith return such notice to the party delivering the same under Section VIHI shall, within twenty-four hours after the receipt by him thereof, send or cause to be sent by the Post, or otherwise, a copy of such ildtice to the Marriage Registrar of tl~e District.

XI. The Marriage Registrar of the District on receiving any such notice shall affix the same to some conspicuous Publication of such notice. place in his own Office.

XII. If there be more Marriage Registrars than one in any District, the ~ppoilltme:~tof Senior itIarriage local Government shall appoint one of such Reg- R egistrzr. istrars to be Senior Marriage Registrar, and such notice as aforesaid shall .be sent to such senior Marriage Begistray, wlio on receiving the same, shall, besides affixing it in the manner laid down i11 tlie last preceding Section, send or cause to be sent a copy of such notice to all "he other Marriage Registrars in the same District, who shall likewise affix the same in their own Offices or Churches, Chapels, or places or worship as aforesaid. XIII. Any Minister of Religion who shall consent or intend to solemn- Issue of certificate of notice given ize any such marriage as aforesaid, on being re an& declaration made. quired so to do by or on behalf of the party by w11ovl1 tlie notice was given, ancl upon one of the parties intending marriage AC'I' No. .XX:V OF 1SG4!. Q making si~clicleclaratioil as is hereilmfcer reqnlrecl, s'lial! issue fincler his hand a ccrtiiicate of such notice having bceir given and of such Ccc!ar:~tioii liaving been made. Proviclcd no lamfi~lir.;lpcc!imcnt nc- Proviso. cor;liii~io tlic law of Zilgland be sho~riilo tho satisfacLi~?nof SL~C~3Iinistcr i~ll~sucli certificate slioulc~ not issue, and the issue of such certificate shall npt hm-c bserl soonci. fo~biddcnin lilt iiianrier hereinafter mentioned, 113' anr ~CYSGG"authorized in '&at hehalf.

XI 'S4%en by such declaration it appear:;, or n-hcn it is ot!icrwisc kiiomll to such Ninister of Religioii, tllnt one of the Ccrtificxtz in eertai~lo;taes not to isalic iultil fo'o:lrtcen d;\ys after ~eceiljt tlic pnr?:ies.in%encling n~a,ri.ia.gc, noi; heing a vlricio\ver of notice. 01: I widow, is undor twenty-one years of age, snch 'l\iIinister shall not issue su.ch certificate uni;il tile expil.n-l;ion'of fo~xrtenLI~ days after the receipt by him of such notice of ma,~riage. .

XV. Before a.ny such certificate as aforesaid shall be issued by any such

Dcrlarstiol, to be ,nnrle AXinistei', one of the parti.es intencling marriage of certificate. shall appear personslly before si~cli31ilister, a11ci shall make a solen111 declarati,on tha't lie or she believes that there is not my impediment of liilidred or affinity or other lamful llindra,nce tJo the said may- riage, and wlien cither or each of the parties, not being a wido~veyor widow, is under the age of twenty-one yemu, that the consent of the person whose co11sen.t to such marriage is required by law has beeii obta,inecl thereto, or that theye is no person resident in Inclia ha~ingauthority to give such consent, as the case may be.

YTI. Tlie father, if living, of any party undcr t,rventy-one years of age,

CollserLtof parent oy W~ICII such party not being a m~iclomer or nlidosv, or if necessary. the father be dead tlie guardian or guardiaiis of the.person of the party so unclei. agc l&wfully appointecl, or one of them, ancl in case there. be no such guardian then tlie mothey of such party, sliall have aulhority to give coilsent to tlle marriage of such party, ancl sucll consent is hereby required for tlie marriage of such party so under agc, unless there be no person authorized to give such coilsent resident in India,

77 X'V:EI. .hacry person wllosc .co>nscnt to 70 lna~~iagcis requil~ed ~:safore- said, 1.s l~erebgauthorized tto pro!li.hit tllc issne of JV~XY:. ~ICYSOO"S 111x5 l!rohibit issnc of cert.ificatc by notic:e. the certYi.ficnte any 14in.ister as 2fo'ol.esaicl,at ally tilve before tlie issue of such ce~tificate,hy- notice in writing to sucil Minister, subscribed ACT No. XXV OF 1864: - ib subscribed by the person authorized as aforesaid, with his iiame and place of abocle, and his or her character in re'spect of either of the parties, by reason of whicli he or she is so autllorized.

XVIII, If any such notice prohibjting the marriage shall be received

Minister how to proceed 011 receipt by such ~~~inisterhs aforesaid, he shall not issue of such ]lotice, &c. his certificate, and shall not solemilize the said marriage until he sliall have examined into the m:tter of the s;~idprollil,i%ion, and shall be satisfied that the person prohibiting the said inarriage is not autliorized by law so to do, or until the notice of the said prohibition be witlidrawn by tlie person who gave the same.

1 XIX. When ally Native Christian about to be married takes a llotice of l,roceediugsbeforeissuc of certificate marriage to a Minister of Religion, or applies for 11 the case of Native Christians. a certificate from such Minister, sucli Minister sliall, before issuing such certificate, ascertain whether such Kative Cliristiaii is cognizant of the purport aiid effect of tlie said notice or certificnte, ancl if not, shall translate or cause to be translated the said notice or certificate to such Native Christian in the language of sucli Native Christian, or in some language which he understands.

XX. The certificate to be issued by such Minister as aforesaid, may be in the form prescribed by the Schedule (B) to this Form of certificate. Act annexed, or to the like effect.

XXI. After the issue of the certificate by sucli Minister of Religion,

After issue of certificate, ~narriagc marriage may be solenlnized between and by tlie lnay be soleumnized. parties therein clcscribed accordiilg to such forni or ceremony as sucli Ninister shall see fit to adopt. Provided that it be solemnized in the presence of at least two witnesses.

XXII. Whenever a 'marriage is not solenlnized witliili two calendar

Ce,.hificate to void if ,llarrriage months after the date of the certificate which sliall

not solenlllized within two lllonthr. + llave beell issued by >&llister as afoPcsaid, such certificate and all other proceedings thereon shall be void, aiid no persoil sliall proceed to solemnize the said mamiage until ilew notice shall have been given and certificate thereof issued in the manner aforesaid. XXIII. Provided ACT No. XXV OF 1864. I XXIII. Provided that whenever a,ny marriage has been solemnized by a

Proof of marriage in accordance with J'linist-er of lleligion ia accoydance with the pro- the provisions Of Part I of this Act. visioiis of Part 1of this Act, it sllall not be necessary in support of such marriage to give any.proof ilz respect of the dwelling of the parties, or of the consent of any person whose conselit is thereunto required by law, or of the notice of marriage, or of the certificate or the translation thereof Tespectively, or ia respect of the llours betn~eenm~hich the same may have been solemnized ; 1101' shall any evidence be given to prove t,h e, cont~.s,i*yin my suit to11cliing the ~aliciityof such marriage.

PART111.

% Time for solenznizing ~7%c(wiages.

XXIV. Rve1.y maniage soleninized ill Iizdisl from and after tlie first day Hours I,etween n.hicll to of July 1864, by ally person who has received be solemnized. episcopal ordiiiatioa, or by any Clergyman of the Church of Scotlaad, or by any Minister licensed under this Act to solemnize marriages, sllall be solemnized between the hours of six in tlie morning and sevefi in the evening. But the provisions of this Proviro.. Section shall not apply to a Clergyman solemnizing a iai;riaSgeunder a sl~eciallicense permitting him to do so at any hour other than between six in the morning and seven in the evening, from and under the hand and seal of the Bishop of the Diocese or from his Comllzissary. For such special license the ~egist~arof the Diocese shall be entitled to c1inrg.e such additional fee as the Bishop of the Diocese may sanction.

PABTIV.

As to the Zegist~~aizonqf J!hav?.ic~ges i/rz, filikclia.

XXV. All marriages solemlzized ill India from and after the first day of

Marriages with certain exceptio~~s July 1864, between persons both or one of whom to he registercd as Ilereillafter prc- scribed. shall profess the Christian Religion, except marriages solelniiized uncler the said Btabute 144 and 16 Vic., cap. 40, and the said Act V of 1852 of the (ioveiiior-General of India in Council, shall be registered in the manner hereinafter prescribed. Yrovided i11 Proviso. that 1x0 mission or defect such registration sl~all invalidate any marriage not otlierwise invalid. XXVI. Bvesy :>3 ACT No. XXV or: 3864, 43,cD d #f returns shall contain all the entries of' marriages conti~,ineclin the ...i said Register from tlie first da.y of January to tl-te thiyty-first dzsy of >,!Xarch, -4 from the first day of iipril to the thirtieth day of JII~P,from the first day of ;i July to the thirtieth day of September, and froiiz the first day of 0-ctober to the thirty-first day of December, of each year respectively, slid shall be trsns- mitted by such Clergyman witllin two ~rreelcsfrom t!he expiration of each of 4 the guarters above specified. The sitid Ecgistrar upon receiving the silme 1 sha.11 tra.nsrnit oiie duplicate to the Secretary to the Government at the Presi- -rt4 , -3 delzcy in which such Arc.lideaconry shall be. .,i3 ..l ::2 .;$ .;$ XXVIIT. Every marriage soleninizecl by a Clergyman of the Church of Registration and returns of mar- 8cotla,lid riages by Clergylnen of the Churcll of be -registered by the CleYgyman Qcot.lalli(. solemnizing t*hesame in a Register ,of Narriages to be liept by hirn for the Station or District in which the mavriage shall be solemnized, in the form prescribed in Section XXPI for inarriages solemnized by Clergymen of the Church of Engla,nd, and such Clargy- man shall forward quarterly to the Secretary to G-overnment., through t,he Senior Cha13la~iliof snc!.l Church, returns similar to those prescribed in the precedilig Section foor Clergyinen of the Church of England, of all' ma13j:iages soleinnized hy llini.

F f. XSIX. ARei. the solenlnization of any marriage ~uiiderthis Act [IF- :ally . . persoll who has receiv-ecl episcopal ordinat,iou, but , Marriages eolcul~uizcd !>y certaiu persolls tol~centered in ltegistcr l300k 1~410is not a Clergyman of tlic Church of Ellgl&ild, nw! also in a ccrt.ificatc. or by ally Minist,er of Religion licensed ~mderthis 1 Act to solenin~ecmarriages, tlie person solemnizing tlie same shall forthwith register register such marriage in duplicate :-that is to say, in a 31arriage Xegister Book to be kept by liiiv for tlmt purpose, according to the form prescribed by the Schedule (D) to this Act annexed, and also in a certificate attached to the Marriage Register Book as a couutcrfoil.

0 XXX. The entry of such mairiage in 130th the certificate and Marriage Sncll Elltrles to signed at. Register Book shall be signed by the person by tested ml~orn3% said niarriagc has becn so1c:nnized aiicl also h~ the l~artissmarriecl, rLnd sl~allbe attested by two witncsse~:who were prescnt at the sole~vnizatiollof the marriage, 2nd ever31 such entry shall be -n:2t!e i;i order from the beginning to the eiid of the bock, aid the number GI" the ccrtificate shall corrcsj,oiid ~r it11 that of tlle entry in the PYParriage Register Booli.

XXXI. The person soleii~nixiugthe said marriage shall forth\vith separate the certificate from the Narriage Register sucl1certificate to iJe forwR1.ded to f500k, and transmit it withill oile caleiida:. 111011th Bfarriage Hcgirdrar, copied, d11d tl'aus- initted to Goxrernment. from the timc of the soleianizaf5on of the mid marriage to 'the 31arriagc Registrzr of the District in which such1 ~arriage-mrassolemnized, or, if there bc morc Naryiags Registrars than oae, to the senior $J&rriage Registrar, who sllall cause the saiiie to be copied into a book to be kept by him for that llurpose, and shall transmit all the said certificates ~vlljchhe shall have received during tl1.e month, with such iiumber and sig~iatureor initids added thereto as are hereinafter required, to tlie 8ec- retary ta the Government of the Presidency or Lieutenant-Governorsl~i~within which hc resides, t.ogether with the certificates from his own 3larriage Register Book ~.vlliclihe shall trawit under the twelfth Section of the said X'catute 14 and 15 Tic., cap. 40, but distinct tllerefrom.

SXXII. Such copies shall be entered in order fro111 the beginning to the encl of t.he said book, and shall bear 130th the nurn- Copies of certificates llo\r, to 11e en- tared and ~lunlbered. ber of the certificate as copied, and also a number to be entered by the Marriage Registrar indicating the nuiilber of tlie entry of the said copy in the szid book, accordiilg to tlie order in ~vlijcheach certific~te was rcccjved hy tlie said %Tarl*iageR~gistra~r,

XXXPIL. a'hc Blarringe 12 egistxar shall also n dd such last ~nentioned

1~e~ist:a~to add II~~~II~~of entr? of i1111nber of the entry of the copy in the book, to copy to the cc~.lific.~tc,&c the certificate, ~~ritlihjs signature or jnitials: aildl shr,ll ACT Mo. XXV or?. 18644.

shall at the end of every month transmit, it112 same to the Secretary to tho Government of the Presidency, or Tieutei~ant-C2oyernorship,as aforesaid.

XXXIV. The person solemnizing any such marriage assis provicled for in

Custody aid di~~~osalofRegister EOOIC Part V of this Act, sha,ll keel? safely the said T; cg- of marriages soleiiii~izeduilder Part V or this ~ct. ister Boolc until tlie same shall be fillccl, or if he shall lcc27c the District in which lie solelnllizecl the n~ari-iagel~efore thc xiid * l~ooli.is filled, shall inakc over the saine to the person ~1x0shall succeed to liis duties i:~the said District, who shzll keep s,o,fely the same, and sh2ll ci~ter therein .tile entries by this Act requjred to be lliade j11 respect of 1~lci:rrisge solemnized by liini within the said District; and the person having tllc cctiltrol of the booli at the time when the sa,ine slinll he fillecl, shall transmit tlie same to the $tarriage Registrar of tlze District, or, if there be more 3Tarriage Begis- tsars than onc, to the Senior 34arria.ge Eegistra'r, who shall trarzsmit the same to the Secretary to the Govcrnmcnt at the Presideilcy as a,foresaid, to be kept t by lzim with the records of his Office.

XXXV. Provided that .with ~egardto the marriages so certified, of which it may a,ppear to the Governor-General of India in l'ransinissiol~of certificates of cc~tain MirriageSto of Srate for Council desirable .that evidence shall be transmit- India. ted to England, the Secretary to the Governinent shall, it the end of every three calendar moliths in each year, send all the certificates of marriage sent7 to hi* as, aforesaid during such three montlls, signed by him, to the Secretary of State for Pndb, for the purpose of being delivered to the Registrar General of ~irths,Deaths, and Marriages.

4r XXXVI. ilny person charged writ11 the duty o!' registering any marriage, who shall d;scover any error to have hell com21it- Correction of Errors. tedin the f0i.m 01: su1,stsnce of ally sucl~entry, - may witliirl one caleiidar month lest after the discovery of sucli error, in the presence of the parties married, or, in case of their death or absence in tlie presence of two otliep credible wit11esse.swho shall respcctively a.ttest !;he same, correct the erroneous entry according to tlie truth of the ca,se,by entry in the margin witllout any alteration of the original eiit'ry, and shall sign the n~.a~gin- a1 entry, and a.dd there~~ntothe clay of the month aad yt:m ~vhensuch coriQec- tion shad1 be, macle, aacl such person sharll make tlla like mn.rgin~;llentl-y., attegt,ed in tlie like liza.nner, ill tlle certifica.te theret~f,:ind in case such certifi- :.cate shall have beell already transmit.t&l t,o the Secretary to tlio Gb~rernmeilt of v ACT Wo. XXV OF 1864. of the Presiclcncy or place within which he ?esicles, such persor\, sllall make and transmit in like manner. a separatc ccrtiticate of the o~iginaleyroneous entry, and of thc marginal corroctioli therein made.

XXXVII. Every person so1emni;:ing a l-tiarriage ~uider'chis Act and llereby reqixirecl to register tile same, and every searclles I,,ay Ile arid copie"karriage Registrar oi. Secretary to Governi~ientwho of certificates gireu. shall have tlie custocly for the time being of any TLegister of Ma,rriages, or of ally certificate or copies of certificate under this Act, shall at all reasonable times allow searches .to be mxle of any Ma,rria.ge Register Book, or of any certificate, or duplicate, or copies of certificate in liis custody, and shall give a 'copy under his hand of any entry or entries in the saame011 the 13ai~nentof the fees hereinafter mentioned : that is, for every sewcb extending over a period of not more than one year the sulii of one Ptupee, a.nd .four anxias additional for every a,dditional. year, and the sum of one Rupee for every single certificate.

XXXVIII. All fees received hy a Marriage Registrar or Secretary shall be accounted for and paid over by him to Govern- Appropriation of fees. ment, and all fees received by a person solemnizing a marriage not being a iKarriage Registrar, may be retained by such person.

m XXXIX. Every certified copy, purporting to be signed by the person elitrusted under this Act with tlie custody of any Certified copy of entry in Marriage negister, kc., to be received as esidellce Na~riageKegister or certificate or du~licatecer- of marriage without further proof. tificate req~iredto be kept or delivered under this i Act, of any entry of a marriage in sucli Register, or of any such certificate of iB duplicate certificate, shall be receivecl as evidence of the marriage purporting to be so entered, or of the facts purporting to be so certified therein, without i $ further proof of'such Register or certificate, or duplicate copy, or of any entry therein respectively, or of such copy.

XI;. Nothing contained ill this Part of this Act shall apply to the Regis-

These provisions I~O~to apply to ter or certificate of any marriage solemnized under Registers or certificates of certni11 marriages solelnllized by $farrianca the said Statute 144 and 15 Vic., cap. 40, or the said Registr~rs. Act V of 1852 of the Governor-General of India in Council. XLI. hd e AC'Y NO. XXV OF 18B4.

XLI. And whereas it is expeclient to ~iialde between the l~oursof six in the morning and seven i11 the eveuiiig. XLIIT. When ACT KO. XXV OF 1864. XLIII. When in respect to any marriage falling under this Payt of this Act, the conditions prescribed in the last On marriage, (the couditiolls haviug been fulfilled,) licenscd person to grallt preceding Section shall have been fulfilled, it a certificatc thereof. shall be the duty of the person licensed as aforesaid, in whose presence the sa-id declaration shall have been made, to grant a certificate of such marriage on the application of either of the parties to such marriage on the payment of a fee of four annas. Such certificate shall be signed by such licensed person, and shall be received as conclusive evidence of such marriage having been performed, in any suit touching the validity-of such marriage, and no evidence to prove the contrary shall be received in any such suit. % s XLIV. The local Government, or the Chief Commissioner, niay at any time revoke any license granted by such C; overn- Licenses may be revoked. ivent or Chief Comlvissioner under Section XLI of this Act.

XLV. The grant or revocation of any license under Sections XLI and Grant or re\~ocation of license how XLIV respectively of this Act shall be notified to be notified. in the Official Gazette.

XLVI. All marriages performed between Native Christians as aforesaid,

Maibriages performed undels the pro- in accordance with the provisions of Section XLII visions of Section XLII to be valid. of this Act, shall be good and va>lidto all intents and purposes.

I XL'TTII. A Register Book of all marriages of which certificates sha,ll

Register BOO^ to be kept. be granted under Section XLIII of this Act, &all be kept by the person granting such certificates in his own vernacular language. Such Register Book shall be kept according ,to such form as the local Government shall from time to time prescribe, and true extracts therefrom duly authenticated shall be deposited at such places and at such times as the local Government shall direct.

6 XLVIII. Evely person licensed under this Act to grant certificates of Searches to be allowed in the Regis- lvarriage and who shall have the custody of a ter BOO^. Marriage Register Boolc under the last preceding Section, shall at all reasonable times allow search to be inade in such Book in his custody, and shall give a copy certified under his hand of any entry or ACT No. XXV OF 1864.

or entries in the same on the payment of the fees hereinafter mentioned : that is to say- for every search extending over a period not exceeding two years the sum of eight annas, and two annas additional for every additioilal year. PARTVI. C As to Pe~bcclties. XI;IX. \7Tboever inteationally makes any false oath or declaration, or signs any false notice oy certificate required by the Punish~~~eiitfor false oath, declara. tion, or certificate, for procur. said Statute 14 and 15 Vic., cap. 40, or the said ing malsriage. Act V of 1852 of tbe Governor-General of India, in Council, or by this A&, for the purpose of procuring any marriage, shall be guilty of the offence described in Section 193 of the Indian Fend Code, and on conviction shall be liable to the punishment prescribed in tlzat Section.

L. Whoever forbids tlie issue by a Marriage Registrar of a certificate,

Pnnishn~entfor forbi ddiiig the issue by falsely representing himself or herself to be by a Marriage Regist13arof n. certificate z person whose consent to the rna~riageis re- by false representation. quired by law, knowing such representation to be false, shall be guilty of the offence described in Section 205 of the Indian Penal Code, and shall 011 convictioii be liable to'tlle punishment prescribed in that Bection.

.. , LI. T37hoever, not being authorized under Section I1 of tllis Act to solemnize a, marriage shall, on or after the first Punishme~ltfor a person, not duly alltbo~ized,solemnizing a marnage day of July 1864, knowingly and wilfully sole~nuize a marriage between persons, one or both of whom shall be a person or persons professing the Christian Religion, . ill the &bsenceof a Marriage Registra.r of the District in which such marriage is solelzlnized, shall be pullishell with imp~.isonment of either de~cript~ion,as defined in tlie Indian Penal Code, which may extend to tell yenrs, md shall also be liable to fine ; or in lieu of a sentence of imprisonment for

seven years or upwards, ' to tra;i~sportationfor a, term of not less tha~iseven years and not exceeding ten yeas; or if the offender be an European or American, to penal servitude according to the provisions of Act XXLV .of 1,855 (to substitute pmal se?*vitzede for the punishment of t~afiqortutionin q~eqectof European uncl Ag?ze?*ica~zConvicts, md to nrne~zclthe law ?-elating to the erno oval of swch ConvictsJ LII. , %~hoever ACT No. XXV OF 1864. -- EII. Whoever shall, from and after the first day of July 1864, knowingly ~unisl~mentfor solemnizi~~ga mar. and wilfully solemnize a marriage between per- riage otherwise than between certain hours, B.C. sons, one or both of wlioul shall be a person or persons professing tlie Christian Religion, at any time otherwise than between tho hours of six in the morning and seven in tlle evening, or in the absence of at least two witnesses, shall be punished with imprisonment of cither description, as defined in the Indian Penal Code, for a term which may extend to three years, and shall also be liable to fine. But the provisions of this Section shall not apply to marriages solemiiized -under special licenses granted by the Bishop of the Diocese or by his Commissary.

LIII. Any Minister of Religion licensed to solemnize marriages under P Punisllment for solemnizing mar. thisact, who shall knowingly and wilfully solemnize ri%e either party is undcl' age, ~ithma certain time after notice. a marriage when olle of the llarties t.0 sue11 marriage, not being a widower or widow, is under twenty-one years of age, within fourteen days after the receipt by him of notice of such marriage, shall be punished with imprisonment of either description, as defined in the Indian Penal Code, for a term which may extend to three years, and shall also be liable to fine. But the provisions of this Section shall not apply to marriages solemnized between Native ~hristians under the provisions of Part V of this Act,

LIV. Whoever, being a Narriage Registrar appointed under the provisions of the said Act V of 1852 of the Ciovernor- Puuishment for Registrars issuing certificates, or solemnizing marriages, General of India in Council, shall kno~vingly ~vitl~outpublication of notice, kc. and wilfully issue any certificate for. marriage, or solemnize a8nymarriage uncler the said Act V of 1852, witliout publisllillg or affixing in some co~zspicuousplace the notice of such marriage as directed by tlie said Act ; or after expiration of two calendar moatlls after a certificate in respect of s marriage shall ha~rebeen issued b~-him sliall soleinllize such marriage; or shall, without an order of a competent Court authorizing him to do so, solemnize any marriage wheii one of the parties intending marriage (not being s widow or widower) is under twenty-one years of age, before the expiration of fourteen days after the receipt of such notice as is required by the said Act, or without sending or causing to be sent by the Post or otherwise a copy of such notice of marriage to the Marriage Registrar of the District, or, if there be more Marriage Registrars than one, to the Senior Marriage Kegistrar of the District ; or shall issue any certificate, the issue of ,4CT KO. XXV OF 1864. of which shall )lave been prohibited as in this Act provided by any person authorized to prohibit the issue thereof, shall be punished with imprisonment of either description, as defined in the Indian Penal Code, for a term which may extend to five years, and shall also be liable to fine.

LV. Whoever, being a person authorized under the provisions of this * Punishment for persons authorized Act to solemnize a marriage, and not being a . under t,his Act, but not being Clergylnen . of the Church of England or of the Clergyman of the Church of England solemnizing Church of Scotland, solelnniailig marriages without publication of notices, $c. 8 marriage after due publication of Banns or under a license from the Bishop of the Diocese or a Surrogate duly authorized in that behalf, or not being a Clergyman of the Cllurch of Scotland solemnizing -a marriage according to the rules, rites, ceremonies, and customs of that Church, shall knowingly and wilfully issue any certificate for marriage under this Act, or solemnize any niarriage between such persons as aforesaid, without publishing or causing to be affixed the notice of such marriage as directed in Part I1 of this Act, or after the expiration of two calendar months after the certificate shall have been issued by him ; or shall knowingly and wilfully issue any certificate for marriage, or solemnize a marriage between such persons, when one of the persons intending marriage, not being a widower or widow, is under twenty-one years of age, before the expiration of fourteen days after the receipt of notice of such marriage, or without sending or causing to be sent by the Post or otherwise n copy of such notice to the Marriage Registrar, or if there be more Marriage Registrars than one to the Senior Marriage Registrar of the District ; or shall knowingly and wilfully issue any certificate, the issue of which shall have been forbidden under this Act, by' any person authorized to forbid the issue ; or shall linowingly and wilfully solemnize any marriage which shdl have been forl~idden by any person authorized to forbid the same, shall be punished with imprisonment, of either description, as defined in the Indian Penal Code, for a term which may extend to four years, a11d shall also be liable to fine.

LVI. Whoever, not being licensed to grant a certificate of marria.ge under Pa~tV of this Sct, shall grant such certi- Punishment on unlicensed person l>r.etendiug to grant certificate of mar- fi cat e intending thereby to make it appear that he riage tulder Part V. is so licensed, shall be puilished with ilnprison. meat of either descriytion, as defined in the Indian Penal Code, for a term which may extend to five years, and shall also be liable to fine. LVII. Wlzoever - ACT No. XXV OF 1864. LVII. Whoever shall wilfully insert or cause to be inserted any false entry in any such Register Book, or such authen- Punishm ent for making false entries. ticated extract therefrom as is mentioned in Sec- tion XLVII of this Act, shall be liable to the punisliment prescribed by Sec- tion 193 of the Indian Penal Code.

LVIII. Offences punishable under this Act shall be tried under the p~o- Jurisdictiol~to punis~loffellcespunish- visions of the Code of Criminal Procedure by the able ulider this Act. Court of Session as defined in the said Code of Criminal Procedure ; provided that no European 13ritisli subject shall be liable to be tried for any offence punishable under this Act except by one of Her

Majesty's High Cdurts of Judicature in India. ' In cases beyond tlie limits of the Presidency Towns of Calcutta, Madras, and Bombay, charges against European British subjects for any offeiice under this Act shall be investigated, and the comniittal for tria.1 shall be made uiider the provisions of Sectioils 39, 40, and 41 of the Code of criminal Procedure, and tlie trial of European British subjects under this Act by any of the said High Courts shall be under the procedure by which the proceedings of the said High Courts are regulated.

LIX. Except as provided in the last preceding Section, the provisions of the Code of Criminal Procedure shall apply to Code of Criminal Procedure applicable to investigations and committals the investigation and committal 'in all cases of under this Act. charges under this Act. Provided that a summons shall ordinarily issue in tlie first instance, and provided also that offences punishable under this Act shall be bailable.

LX. The words Church of England" wherever used in this Act, shall mean the United Church of England and Ireland Meaniug of "Church of England." as by law establislied :

The words cc Cliurch of Scotland" wherever used in this Act, shall ,, mean the Church of Scotland as by ia~estab- An of " Church of Scotlalld,'' lished.

LXI. This Act shall come into operation on the first day of July .~peratior~of ~ct. 1864.

Schedule 3 ACT No. XXV OF 1864. SCHEDULE (A)-(See Section VI).

Notice of Manliuge. J

To the 3ev. Johlz Brown, a Minister of the Pree C!hztrch of. Scotlmd, at I Calcutta. 7 *Ihereby give you notice, that a marriage is intended to be had, within -4 threc calendar months from the date hereof, between mc and the other party 'j harein named and described (that is to say), d ; 4

Witness my hand, this sixth day of July, ojze thowand eight hzr,lz&.ed and iX oi57ty-fou~. iL (Signed) JAMES S&!ITI-F. i. (The Italics in this Schedule are to be filled up as the case may be, and the blank division thereof is only to be filled up when one of the parties lives in another district.) Schedule ACT No. XXV OF 1864. SCHEDULE (33)-(See Section XX).

I, the Reverend John &owa, a Miwister of the Bee Church of Scotland at Calcutta ir, Bengal, do hereby certify, that on the sixth day of July 1864, notice was duly entered in my Marriage Notice Book of the marriage intended between the parties therein named and described, delivered under tire hand nf ,J~xm,r?~?~Yrnith,, one of the parties (that is to say),

and that the declaration required by Section XV of this Act has been duly made by the said (James hith.)

Date of notice entered 6th July7 The issue of this Certificate has 1864. not been prohibited by any person Date of certscate given 20th authorized to forbid the issue thereof. July 1864. Witness ACT No. XXV OF 1864. Witness my hand, this Twdgztieth day of July one thousclad eight hwadred ufid sixty-four. * (Signed) Jolzgz Brownj Xihistep* of the E7~-eeClhurclz of Scotlmd.

This Certificate will be void unless the marriage is solemnized on or before the 20th day of Eepternber 1864.

(The Italics in the Schedule are to be filled up as tlie case may be, and the blank division thereof is only to be filled up when one of the parties lives in another distribt.) AGT No. XXV OF 1864.

SCHEDULE (C)-(See Section XXVI). Form of Registel* of Mmriages. Quarterly Returns of MARRIAGES, for Calczctta, The Archdeaconry of.. . Bombay, Calcutta, 1, Registrar of the Archdeaconry of Madras, do hereby Bombay, certify, that the annexed are correct Copies of the Original and Official Quarterly Returns of Marriages Calczl.tta, within the Archdeaconry of Hadras, as made and transmitted to me for the Qnarter commenci~rg the I Bombay, Arst day of Jffinzcaly encling the TJLirfy$rst day of Alc~~cA,in the Year of Onr Lord Oue Thousallci Eight Hundred and Sixty-fonl*. Siynat7~~eof Xegistro I. Calcutta, Registrar of the Archdeaconry of Bombay. ,Allahabad, MARRIAGES solemqized at \ Ba~rac$o~e,

. .. -. - ,... NAMESOF PARTIES. By :yns Names of Witnesses mien Age, Condi- Rank or Re5idehe.e nt the Fathor's Name By whom married. tion. Profession. time of Narringe, and Surname. present. marlied. Christian. Surname. License.

_ _?__------

1864, WiUhla Jol~n ~∈* .., Baclzlo~ Upholsterer Hasting~'&?.ect ... Peter Hasting~..Banns ... $~~~fn~~~,"~~'Henty Fisher. 14th JvJj. 1Vilhn. Geo. MiLchell. Sen* C1m2'1nin. Sophia Ann MitcAell ... Spinster ...... Lower Clrrular Road G6qfr.y Mitchell I lfr~trietXliaa Mitcl~elf. . I

i i I ,pB,P-.---- I I 1 ! 1 iI i i I , I I I I I j ,I I i ! i

i I ! I I i 1 i , . i i I i i 1

L '

C -_ ------__---.___-- Schedule (D) ACT NO. XXV OF 1864. r ACT No. XXVI OF 1864.

PASSEDBY THE GOVERNOR-GENERALOF INDIA IN COUNCIL.

(Received the assent of the Governor-General on the 14th April 1864).

An Act to extend the ju~isdictionof the Courts of Sw~allCauses at Calczltta, Jfudrws, alzd Bombay, and to provide for tlze aj~pointmentof am increused number of Judges of tlzose Courts. 6 WHEREASit is expedient to increase the limit of the jurisdiction of the Courts of Small Causes held under Act IX of 1850 (for Preamble. the more easy recovery of small debts and demands in Cukufta, Madras, and Bonzbay), and to increase the number of Judges of the =id Courts : It is enacted as follows :-

I. The words " Local ,Government" and " High Court" as used in this Act, shall bear respectively the same meaning as the words Inkrpretation. " Governor in Council" and " Supreme Court," as used in the said Act IX of 1850.

11. The jurisdiction of the Courts held or to be held under the said Act IX of 1850 shall extend to the recovery of any debt, Courts held under Act IX of 1650 ]nay take cog. damage, or demand exceeding the sum of five hundred nizance of suits for suuls not exceeding one thou- Rupees but not exceeding the sun1 of one thousand mnd Rupees. Ilupees, and to all actions in respect thereof (except the several mtions specified in the proviso in Section XXV of the same Act), , *rovided that the cause of action shall have arisen or the defendant at the time of bringing the action shall dwell or carry on business or personally work for gain within the local limits of the jurisdiction of the Court.

111. If both parties shall agree by a Memorandum signed by them or by their Attornies and filed with the Clerk of the Court of Such Courts mny take suits for Small Causes, that the said Court Bhall have power to try any sums exceeding one thou- ( slnd Rupees, ifthe par- action (not included in the proviso in Section XXV of Act ties consent. IX of 1850), in which the debt or damage claimed or value of ACT No. XXVI OF 1864. of the-property in dispute whether on balance of account or otherwise shall exceed the sum of one thousand Eupees, then and in such case the said Court shall have jurisdiction to try such action. .

9 IV. The powers and provisions of Act VII of 1847 (to ~eqz~lateClaSt~~esses powersunder A~~VIIfor s??zallrents in Calczbtta) shall be extended to the recovery of 1847 extended to recovery of arrearsof rent of all arrears of rent not exceeding one thousand Rupees, uot exceedi~igone thon- sand Rupees, and the and the Judges of the Calcutta Court of Small Causes Of Causes to exercise such under Act IX of 1850 shall be empowered to exercise with- powers. in their jurisdiction the extended powers of the said Act VII of 1847 : and the said Act shall ,be construed as if, instead of Calcutta and the Settlement of Port William in Bengal, the limits of the jurisdiction of thevourt had been therein mentioned, and the Judges of the Calcutta Court of Small Causes under Act IX of 1850 instead of the Commissioners of the Court therein mentioned, and the amount of one tho,usand Rupees instead of one hundred Rupees, and the forms contained in tlie Scliedule annexed to the said Act VII of 1847 shall be altered accordingly, and sha,ll refer to Act IX of 1850 and to this Act instead of to Act VII of 1947.

V. The powers and provisions of Section kc1 of Act IX of 1850 are hereby extended so as to apply to the case of any person Proviiona of Section xci, AC~IX of 1850 w1io sliall hold or occupy a~nyhouse, land, or tenement extended to tenements not exceeding in \due of whicli the value or the rent payable in respect thereof one thousand Rupees. does not exceed the rate of one thousand Rupees by the year, and the said Section XCI of Act IX of 1850 shall be read as if the words five Iiundred " were omitted, and the words "one thousa.nd" substituted for them.

I VI. The several powers and provisions of the said Act IX of 1850 and all rules, orders, and regulations which have been or may be Provisious of Act IX of laso and all rules, made in pursuance of the said Act, shall extend to all &., made in pursuance thereof exteuded to de- debts, damages, and dtmands which may be sued for in the luands under this Act. said Courts exceeding the sum of five hundred Rupees, and to all proceedings and judgments for the ilecovery of the same, or otherwise in relation thereto resp~ctivcly, as fully and effectually, to all intents and purposes, as the same respectively are now or may be applicable to debts, damages, and demands within the present jurisdiction of tlie said Courts. VXI. In ACT No. XXVI OF 1864. VII. In any cause of an amount exceeding five hundred Rupees, the Inn-hat caqes qllestions Judges of the said Courts of Small Causes shall rcserve any to be reserved for the opinion of tile High question of law or equity or any question as to the admis- Court. sion or rejeckion of any evidence as to which they shall enter- tain any doubts, or wliicli they shall be requested by either party to the snit to reserve, for the opinion of tlie High Court, and shall give judgment contingent upon the opinion of the said High Court, on a case which they shall thereupon be entitled to statc to the said Court. .If only two Judges sit together and shall dier in opinion, the question on which they differ shall be so reserved. VIII. When judgment is given contingent upon the opinion of the

Sccnritg to be given in 1 nigh Court, the party against whom such judgment is given certain cases when qus- tion is reserved for the shall, uliless he be willing LO submit to such judgment, forth- opiuion of the Highcourt. with give security to be approved by the Clerk of the Court, for the costs of the reference to the High Court and for the amount of tlie judgment ; provided nevertheless, that such security, so far as regards the amount of the judgm&t, shall not be required in any case where the Judge of the Court of Small Causes who tried the suit shall have ordered the defend- , ant to pay the amount of such judgment into the hands of the Clerk of the said Court, and the same sllall have been paid accordingly ; and the said High Court may cithcr order a new trial on s~xhterms as it thinks fit, or may order judgment to be entered for either party as the case may be, and ma,y

costs arising from the make such order with ~espectto the costs of reserving reserving question to the question and stating the same for their opinion, and other- bc at the discretion of the High Court. wise arising thereout or connected tlicrewith, as such High Court may tliinlr proper. And all orders made by the High Cnurt under this Section shall be final. IX. If any action shall after the passing of this Act be commenced in the High Court, for any cause other than those specified No costs in cases brought in the High ill Section C of Act IX of 1850, for which a summons Court when verdict is for 1, th, .certain might have been taken out from a court held under thc amount. said Act IX of 1850 or under this Act, and in which such Court would have had jurisdiction, and if a verdict shall be found for the *laintiff for a sum less than one thousand Rupees if the said action is found-

X. If any person shall bring any suit in the High Court in respect of xo costatohe any glkvance committed by the Clerk, Bailiff, or Of- in suit in High Court against Oficer of Court ficer of any Court held under Act IX of 1850 or under this under Act IX Of 1850, if verdict for no Act, or under color or pretence of the process of the said lnore than One Rupees, unless Judge Court, and upoh tlie trial of the action no greater damages shall certify. shall be found for the plaintiff tlian the sum of one t;)lousand Rupees, no cost shall be awarded to the in such action unless the Judge shall certify in Court that the action was fit to be brought in the High Court. XI. There shall be payable in the Court of Small Causes at Calcutta, Madras, and Bombay respecti~ely, in every cause of an Fees pay.zl)le in the ~~~~t~~fSrna~Causesinamount to wliich jurisdiction is given to the said Court by suits under this Act. this Act, the fees set forth in tlre Schedule hereto annexed, besides the sum of two annas in each Rupee of the amount sued for, so far as such itmount does not exceed five hundred Rupees, and one anna in the ~ubee so far as such amount exceeds five hundred ltupecs, wliich fee shall be paid over to the same account as that to which the fees payable under Section liIX of Adt IX of 1850 a?e paid over.

XII. . Whereas by Section VIII of the said Act IX of 1850, provision

Local GovLmmenb, is made for the appointment of so many persons as may with the sRnction Of be necessary not exceeding thrcc, to be Judges of the . the C+overnor-General of India, to appoint as said COUT~SSmall Causes respectively, is hereby enact- many Judges as may be of it necessary. ed that it shall be lawful for the local Government with the previous sanction of the Governor-General of India in Council, to appoint as many persons as may be necessary to be Judges of the said Courts respeotively. XIII. The fees to be taken by Barristers at Law and Attornies practising in the said Courts in cases brought within the jurisdiction Fees payable to Barris- tersandAttorniesinsuits given by this Act, shall be as follotvs :-an Attorney shall be ' tried under this Act. entitlcd to have or recover a sum not exceeding fifty-ohe Rupees for his fees and costs, and in no case shall any fee exceeding eighty-five Rupees be allowed for employing a Barrister as Counsel in the cause. The expense of employing a Barrister or an Attorney, or both a Barrister and an Attorney, BCT No. XXVI ou 1864.

Attorney, either by plaintiff or defelidant, shall not be allowecl as costs, unless by order of the Judge, and the Judges of the said Court shall determine in what cases such expenses shall be so allowed. XIV. Of the Judges appointed under Section VIII of the said Act IX

One of the Judges ap of 1850, the one who is a Barrister at Law or Advocate of l'ointedof 1850 tounder be styled Act Pirst IX onc of the Higl~Courts of India or of tlic Court of Session ;;of Scotland shall be styled the Pirst Judge. The First among the Judges. Judgo shall makc such arrangements as he shall think fit, with regard lo ihe distribution of the suits and of the general business of the Court among the various Judges thereof: and lie may vary such arrangements from time to time. 4 XV. The Local Government may, with the sanctionof the Governor- General of India ifi Couucil, declare bhat the whole or any Code of Civil Proced- ure may be extended part or parts of the Code of Civil Procedure shall be to Small Causo Courts. applicable- - to any Court held under A.ct IX of lS5O or under this Act : and the procedure prescribed in the said Code or the part or paxts thereof so declared to be applicable shdl thereupon be the proced~u.efollowcdin such Court: Provided that no right of appeal or review shall ill ally case be given by any declaratioil made under this Section. XVI. This Act and the said Act IX of 1850 shall be read and con- ~l,i~to he read as strued as one Act, as if the several provisions in the tart of Act IX of 1850. said Act contained, not inconsistent with the provisions of this Act, were repealed and re-enacted in this Act.

SCHEDULE OF FEES.

I Every Summons Sums not above. or Subpcena. Warr:lnt.

Rs . 1 Rs. As. Rr. As. I

ACT No. XXVB.1 OF 1864.

(Received the assezt of the Gover?zo~-Ge??eralon the 28th November 1864).

An Act to substitute ce?-taindeclarations for the oatlzs of guul$cabion taken by ,Justices of the Peace. TVhere~scases have arisen wherein persons have brought forward conscien- tious ol?jections to taking the several oatlis hitherto adminis- Preaml~le. tered to Justices of' the Peace in order that they may Le duly to act uucler Commissions or" tlie Peace ; It is enacted as follocvs :-

Ihpeal of Scctioil 1 of 1. Section 1 of Act XVI of 1841 is hereby repeaied. Act XVI of 1841.

2. All persons who are or shall be nominated and appointed in any Conl- Justices of the Peaceto mission of the Pcacc, hall bc capable of acting as Justices be capab1e of as such on making certain of the Peace in every respect according to the terms of such declarations. Commission, upon making and subscribing before any other Justice of the Peace or the chief Civil officer of any Station within the places in and for m~hic11any such Coinmission shall have issued, declara,tions to the followillg effect :-

'. I declare that I will be faithful and bear true allegiance , o Her A/Pajesty . Queen Victoria." "I declare that 1 will truiy and faithfully discharge the Office of a Justice of the Peace." 3: The subscriptions of such persons to the said declarations shall be deposited ~ndkept with the records in the Home Depart- Subscriptions to such declarations where to be merit of the Office of the Secretary to the Government in the deposited. p~ovincewherein such declarations shall have been n~acle.

- ACT No. XXVIIJ OF 1864.

PASS~~BY THE GOVERNOR~GENEBALOF INDIA IN COUNCIL.

(Received the asselzt of the Govelt~zor-General 072 t?z,e 28/12 iVovem6e~1864).

An Act to provide for the exrt.tensio?zof Act XXI of 1856 (to consolidate and anzend the law relc~tiqyto the Ab1cal.e~Revenue in the PresicZenc,y of Fort William in Bengal), 60 the provinces under the cont~olof the Lieutenant- Governor of the Punjab. Whereas it is expedient to enlpower the Governor-General of India in Coun- cil to extend the provisions of Act XXI of 1856 (to consoli- Preau~ble. date und anzend the law relatiny lo the Abkwee Bevenue in the Preside?zcy of Fort Williliant ilz Benyal), and of Act XXIII of 1860 (to amend Act XXI of 1856), to any province or place under the control of the Lieutenant- Governor OF the Punjab; It is cnacted as follows : -

1. It shall be lawful for the Govenior- ' India in Council, by notifi- Provisions of ~~t XXI cation in the Gaxetfc of hzdia, to extencl all or any of the Of "" and Of Act XX1ll of 1860 ]nay be extended ~rovisious- of the said Act XXI of 1656 relating to the ma- to the punjib. ' nufacture of spirits and the sale of spirituous and fermented liquors and intoxicating drugs, and of the said Act XXIII of 1860, tc any of the provinces or ally part or parts thereof under the co~ltrolof the I;ieut,.nant-Gov- ernor of the Punjab.

2. Tbe powers to be exercised Ander any of the provisions of the said Acts poweys ..so be exeycised' shall be vested in such Courts and Officers as the said 5 Courts midand Officera towhat be Lieutenant-Governor insy with the sanction of the Gov- vested. ernor-General in Co~~ncilappoint for the purpose.

3. No proceedings at law shall be taken against any Oficer, for ally act 'f Levy of Duties done or omilted on or after the cighteellth day of April 18(j4 said Acts, uudcr orders or pun.nb Foiernment, by virtue of any order of the Governinent of the Punjab c%~izd. heretofore made, directing the levy of ally such Duty a3 is authorized by the said Acts XXI of 186G and XXILI of 1860 to be levied, I

9 s, INDEX : TO THE --*&, I

5- 3 bl(GTS- PASSED BY THE GOVERNOR-GENERAL OF INDIA IN COUNCIL 1

d 1864. 1N THE YEAX .$3 6 No, of Act. 2 A. s' ABKAREEREVENUE. Extension to certain Provinces of Act XXI of 1856 relating to ... X. 4 -...... 9 ------Extension to Punjab of Act XXI of 1856 relating 9 to -. a,...... XXVIII. 7 ABOLITIONOF OFFICES of Hindu and Muhammadan Lam Officers ... XI. I ACT XXVII OF 1836. Repeal of -...... XI. OF -- XXX 1838. YJ Y> ...... XVI.

-- XIV OF 1839. YY- s# ...... * ... XIIT. - XVI OF 1841. ,, ,, Section I of-- ...... XXVII.

-- XV OF 1842. , ,, ,, the whole of-- .,. ... XIII.

-- I OF 1843. >Y JY >) >Y >> morn ...... XVT. -- VIL OF 1843. ,, ,, Section 51 of.---- ...... XI. -XIV OF 1843. ,, ,, so much of Section 14 of-as declares that the Act does not apply to Saugor and Nerbudda. ,., VII. -- - , So much of Sections 3,4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of-as relates to the manufacture and importation of salt, extended to the Central Provinces...... ib. -XVII OF 1843. Repeal of-except in so far as it is applicable to Prince of Wales' Island, Singapore and Malacca ... XVII. - XIX OF 1843. Repeal of the whole of- ...... XVI, . 11.

XXI OF 1843. Repeal of the whole of- XXI 06 1844. ,, ,, ,, ,, ,,

YY YY YY . JY 99 - V OF 1845. YY YY 9) 3, YY - XXV OF 1845. ,, 9, ,, ,, ,, VII OF 1847. Extension of powers and provisions of-. VIII OF 184'1. Repeal of the whole of- XI11 OF 1847 ,, ,, ,, ,, ,,

held under-...... XXVI. VIII OF 1851. A.mendment of--. ------Schedule of-to have no effect in places to which Act,XV of 1864 is extended. ... -XI OF 1851. Repeal of the whole of - ...

IV OF 1852. ,, 9, .,, ,, ,,

XXIV or 1852. 9, Y, ,? ,, 9, -XVIII OF 1853. ,, ,, - so far as it relates - to the Rengal XXII. -- -- XXXI OF 1855. ,, ,, the whole of- ...... XIII. - -XYXVI OF 1855. Sections l,2, 3, 5, 6, '1 8 and 9 of- extended to khe Central Provinces...... - ..... - XIIT OF 356. Procedure of-applicable to cases under Act XXL of 1864. ...

-XXI OF 1856. Extension of--to the Punjab .*. .', .;. , XXVIII. - . - .. -- --. Provision for extensionof-to certain Provinces. ... X.

-- XXIX OF 1856. Repeal of the whole of- ... lhl. _ , ... xvr. XXXV OF 1858. Provisions of--not interfered with by Act XX off':

1864. ,e. ., , .+. .- ... XX. Western Provinces .. . >. 6 4J f $ 4 > '-2 I

... ; I11 I

No. of Act. ACT 111-6~ 1859. Repeal of Sections 9 and 10 of-- ...... XVI.

--- . Jurisdicticp.exercised by any officer under-to cease " ia any cantonment in which s Small Cause Court is established...... XXII. - "" -VIII OF 1859. Validity given to extension of- to Scinde. ,. -' -V, , . '. -- XIV OF 1859. Extension of--to Jh and Luliutpo^re, and to Icumaon and Gurhmal...... XXIV. --- XII OF 1860. Repeal of the whole of- ...... XIII.

- XXIII OF 1860, Extension of-. to Punjab .B. ... XXVIII. .

-XXIV OF 1860. Declaration and certificate required by-no longer + required. ... ,., ...... XXV. -

-XXXIII OF 1860. Repeal of the whole of- ...... ~111~7 Le 4 XLI OF 1860. ... - ¶Y ,, 9, 1, ,, '-• ... i6. - "I 1 -XLVI OF 1860. ,, ,, part of Section 8 of- ... .6. i6. 5 - -. Certain Sections of Act XI11 of 1864 to apply to -Lz, - 4 - 3 emigration unrler-...... i6. 9 -. XLVIII OF 1860. Procedure of-applicable to cases under Act i r j of 1864...... XXI. . XXI' ... ,.. . . 0 -XLIX OF 1860. Re~ealof the whole of- ...... XIII. d i

-VfII OF 1861. 9, Y, 9) 9) 5, ... .a. .I, IX. --A' 2

-VII of 1862. Certain Sections of Act XI11 of 1864 to apply to emigi-a .I /_ <. + 5 4 tion under-. 1 ,...... XIII. 1 - 3 - XI OF 1862. Alteration of Customs ~utieschargeal~le under-on ! certain goods ...... XXIII. I + - -XIX OF 1862. Seetion 2 of-extended to Central Prov,inces. ... - VIT. - -- f ? ? - XXII OF 1862. Repeal of the whole of- ... Q" ... XIII. -- IV OF 1863 (to giveeffect to certain provisjons of a Treaty with the ; i King of Rurmah). Further effect given to- ... ~11. - VII OF 1863. Repeal of the whole of- ...... -XIII, . -XXvI OF 1863. ,, ,, ,, ,, ,, , ,...... ,, XXIIT. ADEN. Administration of Civil and Criminal Justice at -. ... IT.

w 1 vi

., - No. of Act. 3.

onof- ...... XXIV*

&% JOINTJUDGE OF THE ICONICAN. Validity given to the proceedings of --. XIV.

JOUNSARBAWUR. Administration of-- ... XXIV, 1 ...... , JURISDICTIONOF MAGISTRATES OF POLICECALCUTTA. Extension of - XXI. $ --- of Small Cause Courts in Calcutta, Madras, and Bombay. - Extension of-- ...... *. ... XXVT, 1

JUSTICESOF TIXE PE~CE. Declarations substituted for the oaths of qualifi- 3

.we 4 cation of - ...... ,. ... XXVII, ‘ I<.

RHU~DEEAND POORWAIT.(see Banda.) KONLAN.Validity giren,to proceedings of tlre Joint Judgc of tho- ... XIV- KUMAONAND GURHWAL.Administration of - ...... XXIV. I

LAWOFFICERS, HINDU AND MUHAMMADAN.Abolition of Offices of-. XI. LUCKNOW.Municipal Committee for the City of - ...... XVIII. LULLUTPORE.Administration of -...... :. . XXIV. M.

MAGISTPATESOF POLICEAT CALCUTTA.Extension of jurisdiction of -. XXT: MUHA~TMADANAND HINDULAW OFFICERS. Repeal of lams relating to- and abolition of Offices of - ... ., . .., XI, MARRIAGESin India of persons professing the Christiall Religion. Provil~ioil

for solemnization of - ... ..n ... XXV, MILITARYCANTONMENTS. Administration of -- ...... XXII. MINORSIN THE PERSIPENCYOF BOMBAY.Provision for care of persone ancl property of - *.- ...... XX. r'

L CAUSES,CALCUTTA, MADRAS, AND BOMBAY.Extensi ..,. , " 4 of iurisdiction of -...... XXVP. CUSTOMSDUTIES ON GOODS IMPORTED BY SEA. Amendment of law relating *%y to...... XXTTI. D. DECLARATIONS.Substitution of--for oaths of qualification taken by Justices 2< of the Peace...... XXVII. 1 4 DISTRICTS undert N. W. P. Government. Administration of- . a , XXIV. ;j DUTIES, CUSTOMS,ON GOODS IMPORTED BY SEA. Amendment of law relating a:B to -...... a ... ..* ... XXIII. ,*: 1

E. 5

EBIIGRATIONOF NATTVR TIAR~TTREKS. C]on8olidat,ion and a,mandment nf 1

livs relating to -. ... .,...... XIII. I EXTENSIONOF CODEOF CIVIL PROCEDUILGTO SCINDE. Validity given

to -. .a...... v. - of certain Sections of' Acts XIV of 1843, XXVI of 1855 and c %. XIX of'1862, to Central Provinces...... , VII. -of Act XXI of 1856 (Abkaree Revenue) to Non-Regula- I tion Provinces. -., X. ... , . -----to Punjab. b.. . . XXVIII. F

FORXIUNERS.Governmelit itivested wi~hce 111. G.

GENERALR,EG~~T,ATTOKS. (See ReguEations.) ...... ,em GOVERNMENT.Certain powers given to -with respect to foreigners. ,,, 111.

GURHTYALAND I

HIND^ AND ~IUIIAIIINADANLAWOP~ICERS. Repeal of laws rclating to-

and abolition of Offices of -...... *a XI.

REGULATION,VII, 1822 (Madras Code) Repeal of Section 3, Clause 2 of- XI. *

--- 111, 1828. >J ,, ,, the whole of- *.. 2.4. XI, 1831. ... XVI. 8 - >> J> >, 9, >> 9, REGULATIONS,GENERAL. Jagheers of Poorwah and Hhuddee in the District 1 of Banda brougl~tunder the operation of---. .., I. 3 REPEAL. See Acts. 1 - See Regulations. 1 j of $Laws relating to Offices of Hindu and Muhammadan Lam

Officers and of Cazee and Cazee-001-Coozaat. ' e.. XI. &

. '

SALT.Importation and manufacture of --in the Central Provinces ... VII. rl SCINDE.Validity given to the extension of the Code of Civil Procedure , to the Province of -, ...... V. SMALLCAUSE COURTS. See Courts of Small Causes. I

TOLLS ON PUBLICROADS AND BRIDGES. Amendment of Aot VIII of 1851,

relating to -. on* ...... XV. TRACTSOF COUNTRYin Mirzapore removed from jurisdiction of local Courts XIX. TREATYWITH THE KINGOF BURMAH.Further effect given to provisions of Act IV of 1863 concerning -. ... .** XII.

TRUSTEE,OFFICIAL. Office of -constituted ...... XYIL , w. WHIPPINGPunishment of -authorized...... TI.