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or any part of the criminal jurisdiction of such court shall
Act at Madras and
Bombay. Bombay respectively, or in any courts to which the whole or any part of the criminal jurisdiction of those courts respectively shall be transferred, from the time at which it shall be notified in the official gazette by an order of the Governor in Council of Fort St. George and Bombay respectively that the Act is to take effect in such courts; and from such time the provisions of the Act shall, so far as the same is applicable, extend to all indictments and proceedingsin respect of any offence punishable under the Indian Penal Code which have been or shall be presented or commenced in the said courts or in any other courts to which the whole or any part of the criminal jurisdiction of such courts shall be transferred.
LVI. From the time at which this Act shall take effect Act XVI. of 1852 in any of Her Majesty's supreme courts of judicature as
how far repealed. provided in the last two preceding sections, Act XVI. of 1852 is repealed so far as it relates to indictments and proceedings in such court, except as to offences not punishable under the Indian Penal Code. LVII. In the constructions of this Act, unless where a Definitions.
Indictment. contrary intention appears from the context, the word “indictment” shall be understood to include information, inquisition, or presentment, as well as indictment, and also any plea, replication, or other pleading; and the term "finding of the Finding of the indict
ment. indictment shall be understood to include the taking of an inquisition, the exhibiting of an information, and making of a presentment; and words importing the singular number Number and gondor. or masculine gender shall include several persons and parties as well as one person or party, and females as well as males, and bodies corporate as well as individuals, and several matters and things as well as one matter and thing. Words Acts done. which refer to acts done shall include illegal omissions. The words“ British India” shall denote the territories that are British India. or sball become vested in Her Majesty by the Statute 21 and 22 Vic., c. 106, entitled "An Act for the better govern
ment of India,” except the Settlement of Prince of Wales'
An Act to give the Government certain powers with respect
Passed on the 12th February 1864.
I. The following words and expressions in this Act shall
The words “British India" shall denote the territories which are or may become vested in Her Majesty by the Statute 21 and 22 Victoria, chap. 106, entitled “An Act for the better government of India" :
The words “local Government” shall denote the persons authorized to administer the executive government in any part of British India, or the chief executive officer of any part of British India under the immediate administration of the Governor-General of India in Council, when such chief executive officer shall, by an order of the Governor-General of India in Council published in the Gazette of India, be 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 3 and 4 William IV, chap. 85, Section 81, or a native of British India :
The words "the magistrate of the district” shall denote Magistrate of the disthe chief officer charged with the executive administration of a district and exercising the powers of a magistrate, by. whatever designation the chief officer charged with the executive administration is styled, or, in the absence of such officer from the station at which his court is usually held, the senior officer 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 Vessel. conveyance by water of human beings or property:
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 Gender. females.
II. If a question shall arise whether any person alleged Proof of being a forto be a foreigner and to be subject to the provisions of this
eigner. Act is 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. III. The Governor-General of India in Council may, by Goveromont may or
der any foreigner writing, order any foreigner to remove himself from Bri
to reinove himself. tish India, or 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 Foreigner refusing to British India, or ordered to remove bimself therefrom by a
ing without licence particular route, shall neglect or refuse so to do; or if any
after removal, may
apprehended foreigner having removed himself from British India in con and detained, sequence of an order issued under any of the provisions of this Act, or having been removed from British India under any, of the said provisions, shall wilfully return thereto without a licence in writing granted by the Governor-Gene.
remove, or return
ral of India in Council, or by the local Government under whose order he shall have removed himself or been removed -such foreigner may be apprehended and detained in safe custody until he 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 apprebonded or detained, upon such terms and 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 princes and states. Governor General V. Whenever the Governor-General of India in Council
may order all the provisions of this shall consider it necessary to take further precautions in Act to be io force in British India, or respect of foreigners residing or travelling in British India in any part there or any part 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 provisions of this and the subsequent sections of this Aet 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 whole of this Act, including this and the subsequent sections, shall have full force and effect in 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 which
may still be in force, or may extend the period declared Proviso,
therein. Provided that none of the provisions of this or the subsequent sections of this Act shall extend to any foreign minister duly accredited by his Government; 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. Every foreigner to VI. Every foreigner on arriving in any part of British
report his arrival in India in certain India in which all the provisions of this Aet are for the
time being in force under an order issued as provided in the last preceding section, from any port or place not within British India, or from any port or place witbin British India where all the provisions of this Aet are not in force, shall,
if he arrive at a presidency town, forth with report himself to the commissioner 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 GovernorGeneral of India in Council or by the local Government of
cease to be so em
VII. The report shall be in writing, and shall be signed What to be stated in
the report. by the person reporting himself, and shall specify his name or names, the nation to which 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 the officer to whom it is made. VIII. The provisions of the last two preceding sections Foreigners
masters of vessels shall not extend to any person being the master or com
or employed there. mander of a vessel, or employed therein, but if any such
in, to report them
selves when they person shall be in any part of British India in which all the
ployed. provisions of this Act are for the time being in force, after he shall have ceased to be actually employed in a vessel, he shall forth with report himself in manner aforesaid. IX. If any foreigner shall neglect to report himself as Foreignersneglecting
to report themselrequired by this Act, he may be dealt with in the manner
ves, may be dealt hereinafter provided in respect of foreigners travelling with
with iu like manner
as foreigners traout a licence.
velling without a X. No foreigner shall travel in or pass through any No foreigner to tra
vel in India withpart of British India in which all the provisions of this
out a licence. Act are for the time being in force without a licence. XI. Licences under this Act may be granted by the Licence by whom to
be granted. Governor-General of India in Council or by any of the local Governments, 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 licences by the Governor-General of India in Council or by any of the local Governments. XII. Every such licence shall state the name of the per. What to be stated in
licence. son to whom the licence is granted, the nation to which he belongs, the district or districts through which he is autho