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the case.

. the magistrate may discharge the proprietor from such

penalty, and shall levy the same upon such driver or owner

when found. Issue of summons. XIV.' Whenever any charge is made before any magis

trate of any offence under this Act, on which it is necessary to issue a summons to the proprietor of a stage carriage, the magistrate shall issue such summons directed to such proprietor or his nearest agent, and may transmit such summons by letter post, which shall be deemed to be good ser.. vice thereof. The letter shall be registered at the post office, and the cost of the registration shall be borne by the Government in the first instance, but may be charged as costs in

The summops shall allow a reasonable time, in reference to the distance to which the summods is sent, for

the appearance of such proprietor or his agent as aforesaid. Adjudication of pen. XV. All penalties incurred under this Act shall be alties.

adjudged by a magistrate or chief commissioner of police as aforesaid, and all orders made under this Act by such

magistrate or chief commissioner of police shall be final, Recovery of penalties, XVI. All penalties imposed under this Act, or any

balance of any fine, costs, or charges, as mentioned in Seotion XI of this Act, may, in case of non-payment or nonrecovery thereof, be levied by distress and sale of the movable property of the offender by warrant under the hand of

the magistrate who imposed the same. Offender may be 'ap XVII. In case any such penalties shall not be forth with prehended

in custody paid, such magistrate may order the offender to be appre: until return

of hended and detained in safe custody until the return can be warrant of distress.

conveniently made to such warrant of distress, unless the offender shall give security to the satisfaction of such magistrate for his appearance at such place and time as shall

be appointed for the return of the warrant of distress. Imprisonment of of XVIII. If, upon the return of such warrant, it shall

fender if distress be not sufficient.

appear that no sufficient distress can be had whereon to levy such penalty, and the same sball not be forthwith paid, or, in case it shall appear to the satisfaction of such magistrate, by the confession of the offender or otherwise, that he has not sufficient goods and chattels whereupon such penalty

&c.

costs

could be levied if warrant of distress were issued, such magistrate may, by warrant under his hand, commit the offender, provided he is not a European British subject, to prison, there to be imprisoned according to the discretion of such officer for any term not exceeding two calendar months when the amount of penalty shall not exceed fifty rupees, and for any term not exceeding four calendar months when the amount shall not exceed one hundred rupees, and for any term not exceeding six calendar months in any other case, the commitment to be determinable in each of the cases aforesaid on payment of the amount. XIX. If the offender shall be a European British -sub. Recovery of penalty

and

from jeot, the magistrate shall record the facts and transmit such

European British record to the district court of the district wherein the subjects, offender is convicted, and the amount of penalty and the costs (if any) shall be levied in the manner provided for the execution of decrees of the civil court. •

xx. On complaint made before any magistrate of any Jurisdiction. offence committed under this Act, it shall not be necessary to prove that the offence was committed within the local limits of such magistrate or other officer,

XXI. The term “ Magistrate” in this Act shall include Interpretation, all magistrates and other persops exercising the powers of a

Magistrate. magistrate

The term “ British India" in this Act shall denote the British India.' territories that are or shall be vested in Her Majesty by the Statute 21 and 22 Vic., c. 106, entitled "An Act for the better Government of India.”

The term “Horse” shall include ponies and mules. Horse.

Words importing the singular number shall include the Number, plural number, and words importing the plural number shall include the singular number.

Words importing the masculine gender shall include the Gender. feminine.

XXII. Except in the Presidency of Fort St. George and Commencement of the Settlement of Prince of Wales' Island, Singapore, and

Act. Malaoca, the Act shall have effect on and after the 1st day

of September 1861. In the said presidency and settlement respectively the Act shall have effect from the day when it shall be extended thereto by the local Government by an order published in the Government gazette.

A. D. 1862. ACT XVIII.

An Act to repeal Act XVI. of 1852 in those parts of British

India in which the Indian Penal Code is in force, and to re-enact some of the provisions thereof with. amendments, and further to improve the administration of Criminal Justice in Her Majesty's Supreme Courts of Judicature.

Passed on the 1st May 1862. Preamble.

WHEREAS in consequence of the passing of the Indian Penal Code, many of the provisions of Act XVI. of 1862 (for further improving the administration of Criminal Justice in Her Majesty's Courts of Justice in the Territories of the East India Company) have become inapplicable and others require amendment, and it is expedient to repeal the said Act, and, pending the preparation of a Code of Criminal Procedure for Her Majesty's Supreme Courts of Judicature, to re-enact some of the provisions of the said Act, and to make further provision for the administration of criminal

justice in such courts ; it is enacted as follows: Court may amend 1. Whenever, on the trial of an indictment for an offence,

30t material to the there shall appear to be a variance between any statement merits of the case, in such indictment and the evidence offered in proof theredefendant cannot of, it shall be lawful for the court before wbich the trial be prejudiced in shall be had, if it shall consider that by the amendment of his defence, and may either proceed the indictment the person indicted will not be prejudiced in the trial to be had his defence on the merits, to order such indictment to be before the same or amended, according to the proof, by some officer of the another jury,

court or other person, both in that part of the indictment where such variance occurs, and in every other part of the indictment which it may become necessary to amend, on such terms as to postponing the trial if the person indicted apply for a postponement, and ordering the same to be had

variances

.

before the same or another jury, as such court shall think reasonable ; and after any such amendment the trial shall proceed, whenever the same shall be proceeded with, in the same manner in all respects, and with the same consequences both with respect to the liability of witnesses to be indicted for giving false evidence and otherwise, as if no such variance had occurred. Provided that in any such case, where the trial shall be so postpoued as aforesaid, it shall be lawful for such court to respite the recognizances of the prosecutor and witnesses, and of the person indicted and his surety or sureties (if any), in which case the prosecutor and witnesses shall be bound to attend to prosecute and give evidence respectively, and the person indicted shall be bound to attend to be tried at the time and place to which such trial shall be postponed, without entering into any fresh recognizances for that purpose, in such and the same manner as if they were originally bound by their recognizances to appear and prosecute, or give evidence at the time and place to which such trial shall be so.postponed. Provided also that, where any such trial shall be ordered to be had before another jury, the crown and the person indicted shall respectively be entitled to the same challenges as they were respectively entitled to before the first jury was sworn.

II. If upon the trial of any person charged with the On trial for criminal offence of criminal breach of trust under Section 405 of the

other offence, if the Indian Penal Code, or the offence of cheating and thereby

offence be theft, the

court may order dishonestly inducing the person deceived to deliver property under Section 420 of the said code, or of crimioal breach

amended. of trust as a carrier,.wharfinger, or warehouse keeper under Section 407 of the said code, evidence shall be given to prove that such person took the property in question in any such manner as to amount to the offence of theft under Section 378 of the said code, the court may order the indictment to be amended under the provisions of Section I of this Act.

breach of trust and

indictment to be

III. If upon the trial of any person charged with the Similar power of

amendment in cases offence of criminal breach of trust as a clerk or servant of criminal breach under Section 408 of the Indian Penal Code, evidence shall

of trust as a clerk or servant.

of

be given to prove that such person took the property in question in any such manner as to amount to the offence of theft under Section 378 of the said code, or the offence of theft as a clerk or servant of property in possession of his master under Section 381 of the said code, the court may order the indictment to be amended under the provisions

of Section 1 of this Act. Similar power

of IV. If upon the trial of any person charged with the amendment in cases of theft or of theit offence of theft under Section 378 of Indian Penal Code, or io a building, tent, the offence of theft in a building, tent or vessel under Seoor vessel.

tion 380 of the said code, evidence shall be given to prove that, in respect of the property stated in the indictment, such person was guilty of the offence of dishonest misappropriation of property under Section 403 of the said code, or the offence of criminal breach of trust under Section 405 of the said code, the court may order the indictment to be

amended under the provisions of Section 1 of this Act. Similar power

V. If upon the trial of any person charged with the amendment in cases of theft as á clerk offence of theft as a clerk or servant of property in the pos

session of his master under Section 381 of the Indian Penal Code, evidence shall be given to prove that such person was guilty of the offence of dishonest misappropriation of property under Section 403 of the said code, or the offence of dishonest misappropriation of property possessed by a deceased person at the time of his death under Section 404 of the said code, or of such dishonest misappropriation under the said Section 404, the offender being at the time of the person's decease employed by him as olerk or servant, or the offence of criminal breach of trust under Section 405. of the said code, or the offence of criminal breach of trust as a clerk or servant under Section 408 of the said code in respect of the property stated in the indictment, the court may order the indictment to be amended under the provisions

of Section 1 of this Act. Verdicts and judg.

VI. · Every verdict and judgment which shall be given ments valid after after the making of any amendment under the provisions of amendments.

this Act, sball be of the same force and effect in all respects as if the indictment had originally been in the form in which it is after such amendment shall have been made.

or servant.

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