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 I<ing of Rurmah) . - XTTI. b., consolidate and amend the Tlabvs relating to the Emigration of Native Laborers. hI ACTNO. XIV. to givevalidity 7 to certain acts and proceedings of the Joint Judgeaof the Konkan.,n. to amend Act VIII of 185 1 (for enabling GovernmentL - . -- nment to levy Tolls - XV. , --- Or I on Publicruullo Roads and Bridges). - XVI. to provide for the Registration of Assuranoes. - XVII. to constitute an Office of Official Trustee. - XVIII. to provide for the appointment of a Municipal Colnmittee for the City of Lucknow. - 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.