or any part of the criminal jurisdiction of such court shall be transferred.

Commencement

of*

A ct at Madras and
Bombay.

LV. This Act shall commence and take effect in Her Majesty's supreme courts of judicature at Fort St. George and 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 proceedings in 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 of 1852 how far repealed. in any of Her Majesty's supreme courts of judicature as 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 of 1852 is repealed so far as it relates to indictments and proceedings in such court, except as to offences not punishable under the Indian Penal Code.

Indictment.

LVII. In the constructions of this Act, unless where a Definitions. 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 indictment" shall be understood to include the taking of an inquisition, the exhibiting of an information, and making

ment.

of a presentment; and words importing the singular number Number and gender.' 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 mat

ters 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 shall become vested in Her Majesty by the Statute 21
and 22 Vic., c. 106, entitled "An Act for the better govern-

Property.

ment of India," except the Settlement of Prince of Wales' Island, Singapore, and Malacca; and the word "property" shall be understood to include goods, chattels, money, valuable securities, and every other matter or thing, whether real or personal, upon or with respect to which any offence may be committed.

Preamble.

nterpretation.

British India.

Local Government.

Foreigner.

A. D. 1864. ACT III.

AN ACT to give the Government certain powers with respect to Foreigners.

Passed on the 12th February 1864.

WHEREAS it is expedient to make provision to enable the Government to prevent the subjects of foreign states from residing or sojourning in British India, or from passing through or travelling therein without the consent of the Government; it is enacted as follows:

I. The following words and expressions in this Act shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say :

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:

trict.

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 for

to be a foreigner and to be subject to the provisions of this
Act is a foreigner or not, or is or is not subject to the pro-
visions 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 writing, order any foreigner to remove himself from British 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 British India, or ordered to remove himself therefrom by a particular route, shall neglect or refuse so to do; or if any foreigner having removed himself from British India in consequence 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

eigner.

Government may or

der any foreigner to remove himself.

Foreigner refusing to

remove, or returning without licence after removal, may be apprehended and detained.

Governor General

may order all the

Act to be in force

in British India, or in any part there

of.

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 apprehended 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.

V. Whenever the Governor-General of India in Council provisions of this shall consider it necessary to take further precautions in respect of foreigners residing or travelling in British India or any part thereof, it shall be lawful for the GovernorGeneral 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 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.

Proviso.

Every foreigner to report his arrival

in India in certain

cases.

VI. Every foreigner on arriving in any part of British 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 within British India where all the provisions of this Act are not in force, shall,

if he arrive at a presidency town, forthwith 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 such place.

the report.

VII. The report shall be in writing, and shall be signed What to be stated in 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.

being

masters of vessels or employed therein, to report themselves when they cease to be so em

VIII. The provisions of the last two preceding sections Foreigners shall not extend to any person being the master or commander of a vessel, or employed therein, but if any such person shall be in any part of British India in which all the 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 forthwith report himself in manner aforesaid.

IX. If any foreigner shall neglect to report himself as required by this Act, he may be dealt with in the manner hereinafter provided in respect of foreigners travelling without a licence.

X. No foreigner shall travel in or pass through any part of British India in which all the provisions of this Act are for the time being in force without a licence.

XI. Licences under this Act may be granted by the 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.

ployed.

Foreigners neglecting to report themselves, may be dealt with iu like manner as foreigners travelling without a licence.

No foreigner to tra

vel in India without a licence.

Licence by whom to be granted.

XII. Every such licence shall state the name of the per- What to be stated in son to whom the licence is granted, the nation to which he

belongs, the district or districts through which he is autho

licence.