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VI. - An Act to anthorize the punishment of Whipping in certain
Jurisdiction, aud to provide for the exercise of such Juris-
diction at places otber than the Presidency Towns
tious 22 and 41 of the High Court's Criminal Procedure
Awieodweut Act, 1865
A REGULATION for declaring the Powers of the Governor in
Council to provide for the immediate Punishment of certain
Passed on the 1st April 1808.
existence of any war in which t'e British Government in · India may be engaged with any power whatever, as well as
during the existence of open rebellion against the authoriuty of the Government in any part of the British territories
subject to the government of the Presidency of Fort St. George, the Governor in Council sball declare and establish martial law within any part of the territories aforesaid, for the safety of the British possessions, and for the security of the lives and property of the inhabitants thereof, by the immediate punishment of persons owing allegiance to the British Government who may be taken in arms in open hostility to the said Government, or in the actual commission of any overt act of rebellion against the au
thority of the same, or in the act of openly aiding and abetting the enemies of the British Government within any part of the territories above specified,—the following regulation has been enacted by the Governor in Council to be in force throughout the British territories immediately subject to the Government of the Presidency of Fort St. George
from the 1st day of October 1808. The Governor in II. The Governor in Council is hereby declared to be
Council, in time of war or during the empowered to establish martial law within the territories existence of rebel subject to the Government of the Presidency of Fort St. establish martial George, for any period of time, while the British Governlaw therein.
ment in India shall be engaged in war with any native or other power, as well as during the existence of opeñ rebellion against the authority of the Government in any part of
the territories aforesaid ; and also to direct the immediate And to direct the trial, by court martial, of all persons owing allegiance to
courts martial, of the British Government, either in consequence of their all persons owing having been born, of their having served under it in any allegiance to the . British Govern capacity, or of their being resident within its territories and offend against this under its protection, who shall be taken in arms in open regulation.
hostility to the British Government, or in the act of opposing by force of arms the authority of the same, or in the actual commission of any overt act of rebellion against the state, or in the act of conspiring with, or of openly aiding and abetting the enemies of the British Government within
any part of the said territories. Persons owing allo III. It is hereby further declared, that any person born
giance Britigh Governor residing under the protection of the British Government ment who shall be within the territories aforesaid, and consequently owing convicted, by the sentence of a court allegiance to the said Government, who, in violation of the martial, of any of tbe crimes speci.
ei obligation' of such allegiance, shall be guilty of any of the fied in the fore; crimes specified in the preceding section, and who shall be be liable to the convicted thereof by the sentence of a court martial during immediate punish the establishment of martial law, shall be liable to immediment of death.
ate punishment of death, and shall suffer the same accordAdd to the forfeiture ingly by being hanged by the neck until he is dead. All
of tbeir property and effects.
persons who shall in such cases be adjudged by a court martial to be guilty of any of the crimes specified in this regulation shall also forfeit to the British Government all