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any act towards the commission of the offence, shall, where no express provision is made by this code for the punishment of such attempt, be punished with transportation or imprisonment of any description provided for the offence; for a term of transportation or imprisonment which may extend to one-half of the longest term provided for that of. fence, or with such fine as is provided for the offence, or with both.
Illustrations. (a) A makes an attempt to steal some jewels by breaking open a bos, and finds after so opening the box that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section.
(6) A makes an attempt to pick the pocket of Ž by thrusting his hand joto Z's pocket. fails in the attempt in consequence of Z's having nothing in his pocket: A is guilty uider this section.
An Act to amend Act XVIII. of 1854 (relating to
Railways in India.)
WHEREAS it is expedient to amend the law relating to Preamble. offences declared to be punishable under Act XVIII. of 1854 (relating to Railways in India), on conviction before a Justice of the Peace for any of the Presidency Towns of Calcutta, Madras, and Bombay ; it is enacted as follows: 1. If any person is charged before a police magistrate Police magistrate
mayin certain cases of a presidency town with committing any offence which
try offences punisbunder Section 27 or Section 28 of Act XVIII. of 1854,
able under Sections
27 and 28, Act is punishable on conviction with imprisonment, and if such XVIII. of 1854
with imprisonment. police magistrate shall deem it probable that in consequence of the probable departure of any material witness from the local limits of the jurisdiction of such magistrate, the prosecution of such offender by indictment in the supreme court will be ineffectual, such magistrate may try the offender, and on conviction may award a sentence not exceeding six months imprisonment with or without hard labor.
Extent of jurisdiction.
II. The jurisdiction given to police magistrates under the foregoing section may be exercised whether the offence shall be charged to have been committed within the local limits of the jurisdiction of such magistrates or not, and any person hereby made punishable by a police magistrate shall be punishable upon summary conviction, but such jurisdiction shall only be exercised if the witnesses necessary for the prosecution of the offender are to be found within the local limits of the jurisdiction of the police magistrate before whom the offender is charged.
A. D. 1861. ACT XVI.*
An Act for licensing and regulating Stage Carriages.
Passed on the 7th July 1861. Preamble.
Whereas it is expedient to license and to regulate Stage
Carriages in British India; it is enacted as follows:Definition of stage
I. „Every carriage drawn by one or more horses, which carriage. shall ordinarily be used for the purpose of conveying pas
sengers for hire to or from any place in British India, shall, without regard to the form or construction of such carriage, be deemed to be a stage carriage within the meaning of this Act. Provided that this Act shall not apply to carriages not ordinarily used for journeys of a greater distance
than twenty miles. Grant of licences. II. No carriage shall be used as a stage carriage unless
licensed by a magistrate or by the chief commissioner of
police of a presidency town. Refusal of licence. III. The magistrate or chief commissioner of police, to
whom the application for a licence of a stage carriage is made, may refuse to license the same, if he shall be of opinion
that such stage carriage in unserviceable or is unsafe or Particulars of licence. unfit for public accommodation or use. If a magistrate or
chief commissioner of police, as aforesaid, shall grant a licence, the licence sball set forth the number thereof, the name and residence of the proprietor of the stage carriage,
* Not extended to Madras Presidency yet,
the place at which his head office is held, 'the largest number of passengers and the greatest weight of luggage to be carried in or on such carriage, the number of horses by which such carriage is to be drawn, and the name of the place at which such carriage is licensed. IV. For every such licence there shall be paid by the Charge for and
duration of licence. proprietor of the stage can nge the sum of five rupees, and such licence shall be in force for one year from the date thereof. When a licensed stage carriage is transferred to a new proprietor within the year, the name of such new proprietor shall, on application to that effect, be substituted in the licence for the name of the former proprietor, without any further payment for that year, and every person who appears by the licence to be the proprietor, shall be deemed to be such proprietor for all the purposes of this Act.
V. On any stage carriage being licenced, the proprie- Number of licence, tor thereof shall cause the number of the licence and all the
&c. to be painted
conspicuous other particulars of the licence to be distinctly painted in. part of carriage. the English language and character upon a conspicuous part of such stage carriage.
VI. The proprietor of any licensed stage carriage, who Penalty for letting shall let such stage carriage for hire without the particulars
carriage ior hire
without baving the specified in Section 3 being painted on such carriage in
number, &c. paint
ed on it. the manner directed in the last preceding section, shall be liable to a fine not exceeding one hundred rupees.
VII. Whoever lets for hire any stage carriage without Penalty for letting for . the same being licensed as provided by this Act, shall be
carriage. liable on a first conviction to a fine not exceeding one hundred rupees, and on any subsequent conviction to a fine which may extend to five hundred rupees. VIII. Any proprietor or agent of a proprietor, or any Penalty for carriage
drawn by lees num. driver of a licensed stage carriage, who knowingly permits ber of animals such carriage to be drawn by a' less number of horses, or carrying a greater
number of passenwho knowingly permits a larger number of passengers, or a gers, &c. than is greater weight of luggage to be carried by such stage car
provided by the liriage than shall be projded by the licence, shall be liable on a first conviction to a fine not exceeding one hundred rupees, and on any subsequent conviction to a fine which
may extend to five hundred rupees. In every case where such stage carriage shall be proved to have been drawn by a less number of horses or to have carried a larger number of passengers or a greater weight of luggage than shall be provided by the licence, the proprietor of such carriage shall be held to have knowingly permitted such offence unless he shall prove that the offence was not committed with bis connivance, and that he had taken every reasonable precaution and had made reasonable provision to prevent the com
mission of the offence. Penalty for ill-treat IX. Any person who shall cruelly beat, ill-treat, overing animals.
drive, abuse, torture, or cause or procure to be cruelly beaten, ill-treated, over-driven, abused, or tortured, any horse employed in drawing or harnessed to any stage carriage, or · who shall harness to or drive in any stage carriage any horso which from sickness, age, wounds, or other cause is unfit to be driven in such stage carriage, sball for every such offence
be liable to a fine not exceeding one hundred rupees. Revocation of licence. X. -Any magistrate or chief commissioner of police with
in the local limits of whose jurisdiction any stage carriage shall ply, or who has granted the licence of any stage carriage, may cancel the licence of such stage carriage if it shall appear to him that such stage carriage, or any horse or any harness used with such carriage is unserviceable or unsafe, or
otherwise unfit for public accommodation or use. Penalty for pot cou
XI. In any station or place in which a magistrate shall forming to provi: sions of Section 5. reside and be, any police officer may in any place within
two miles of the office of such magistrate, seize any stage carriage with the horse harnessed thereto, if the full particulars of the licence of such stage carriage be not distinctly painted on such stage carriage in the manner provided in Section 5 of this Act. Such carriage, with the horse harnessed thereto, shall be taken without delay by such police officer before such magistrate, who shall forth with proceed to hear and determine the complaint of such police officer ; and if thereupon any fine is imposed by such magistrate, and such fine is paid, such stage carriage and horse shall be immediately released; and if such fine be not paid, such stage carriage and horse may be detained for twenty days as se
burity for the payment thereof; and if the fine be not sooner paid, they may be sold and the proceeds applied (so far as they extend) to the payment of the said fine, and all costs and charges incurred on account of the detention and sale ; and the surplus (if any), when claimed, shall be paid to the proprietor of such carriage and horse ; and if such surplus be not claimed within a further period of two months from such sale, the same shall be forfeited to the state. If the proceeds of such sade do not fully pay the fine and costs and charges aforesaid, the balance may be recovered as hereinafter provided.
XII. If any driver of any stage carriage, or any other Penalty for misconperson having the care thereof, shall, through intoxication,
duct on part of
drivers. nogleet, or by wanton or furious driving, or by any other misconduot, endanger the safety of any passenger or other person, or shall injure or endanger the property of the proprietor of such stage carriage or of any other person, every such person so offending shall be liable to a fine not exceeding one hundred rupees.
XIII. Whenever the driver of any stage carriage, or Penalty in certain the owner of any horse employed in drawing any stage
from proprietor. carriage, shall have committed any offence against this Act for the commission whereof any penalty is by this Act imposed, other than an offence specified in Section VIII, and such driver or owner shall not be known, or being known cannot be found, or if the penalty carinot be recovered from such driver or owner, the proprietor of such carriage shall be liable to every such penalty as if he had been the driver of such carriage or owner of such horse at the time when such offence was committed. Provided that if any such Proviso. proprietor shall make out, to the satisfaction of the magistrate before whom any complaint or information shall be heard, by sufficient evidence, that the offence was committed by such driver or owner without the privity or knowledge of such proprietor, and that no profit, advantage, or benefit, either directly or indirectly, has accrued or can accrue to such proprietor therefrom, and that he has used his endeavour to find out such driver or owner, and has done all that was in his power to recover the amount of the penalty from him,