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rized to pass, or the limits within which he is authorized to travel, and the period (if any) during which the licence is

intended to have effect: Licence may be grant XIII. The licence may be granted subject to such con

ed subject to con ditions and may be ditions as the Governor-General of India in Council or the revoked.

local Government may direct, or as the officer granting the licence may deem necessary. Any licence may be revoked at any time by the Governor-General of India in Council, or by the local Government of any part of British India in which all the provisions of this Act are for the time being in force, and in which the foreigner holding the same may

be, or by the officer who granted the licence. Foreigner travelling XIV. If any foreigner travel in or attempt to pass

trary to the condi. through any part of British India without such licence as tions of licence aforesaid, or beyond the districts or limits mentioned therein,

be ed.

or after such licence shall have been revoked, or shall pio. late any of the conditions therein specified, he may be apprehended without warrant by any officer exercising any of the powers of a magistrate, or by any European commissioned officer in the service of Her Majesty, or by any member of a volunteer corps enrolled by authority of Go

vernment whilst on duty, or by any police officer. Procedure upon ap XV. If any person bę apprehended by a person not prehension.

exercising any of the powers of a magistrate and not being a police officer, he shall be delivered over as soon as possible to a police officer, and forthwith carried before the magistrate of the district. Whenever any person shall be appre

hended by or taken before the magistrate of the district, Magistrate to report such magistrate shall immediately report the case to the to Government.

local Government to which he is subordinate, and shall cause the person brought before him to be discharged, or to be conveyed to one of the presidency towns, or pending the

orders of such Government, to be detained. Persons apprehended XVI. Any person apprehended or detained under the

may be admitted to bail.

provisions of this Act, may be admitted to bail by the magistrate of the district or by any officer authorized to grant licences, and shall be put to as little inconvenience as possible during his detention in custody.

may

XVII. The local Government of any part of British Removal of persons

apprehonded, India in which all the provisions of this Act are for the time being in force, may order any person apprehended or detained under the provisions of this Act to remove himself from any such part of British India, by sea or by such other route as the said local Government may direct; or the said local Governinent may cause him to be reinoved from such part of British India by such route and in such manner as to such local Government shall seem fit. The Governor-General of India in Council may exercise all the powers given by this section to any local Government. XVIII. The Governor-General of India in Council may Governor Goneral

probibit by order prohibit any person or any class of persons not

persons not being

natural-born subbeing natural born subjects of Her Majesty within the mean

jects from travel. ing of the Statute 3 and 4 William IV, chap. 85, Section 81, ling or passing

through any part from travelling in or passing through any part of British

of India without a India in which all the provisions of this Act may for the licence, time being be in force, and from passing from any part thereof to another without a licence to be granted by such officer or officers as shall be specified in the order; and if any person so prohibited shall wilfully disobey such order, he may be apprehended without warrant by any of the officers specified in Section XIV of this Act, and carried before the magistrate of the district, and dealt with under the provisions of Section XVII in the same manner as if he were a foreigner : and the Governor-General of India in Council may order such person to be detained in safe custody or under the surveillance of the police so long as it may be deemed necessary for the peace and security of British India or any part thereof.

XIX. The local Government of any presidency or place Also the local Govern. in which all the provisions of this Act may for the time being respective jurisdicbe in force, may by order prohibit any person or any class of persons not being natural-born subjects of Her Majesty within the meaning of the Statute 3 and 4 William IV, chap. 85, Section 81, from travelling in or passing through such presidency or place or any part thereof, and from passing from any part thereof to another, without a licence to be granted by such officer or officers as shall be specified in the order ; and if any person so prohibited shall wilfully dis

tious.

obey such order, he may be apprehended without warrant by
any of the officers specified in Section XIV. of this Act, and
carried before the magistrate of the district, and dealt with
under the provisions of Section XVII. in the same manner as
if he were a foreigner; and the local Government may
order such person to be detained in safe custody or under the
surveillance of the police so long as it may be deemed neces-
sary for the peace and security of British India or any part
thereof.

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Certain officers may XX. It shall be lawful for the commissioner of police,

board vessels to
ascertain whether or for the magistrate of the district, or for any officer
foreigners are on appointed to receive reports as mentioned in the sixth section
board,

of this Act, or for any police officer under the authority of
such commissioner or magistrate, to enter any vessel in any
port or place within British India in which all the provisions
of this Act may for the time being be in force, in order to
ascertain whether any foreigner bound to report his arrival
under the said Section VI. of this Act is on board of such
vessel ;. and it shall be lawful for such commissioner of police,
magistrate, or other officer as aforesaid, to adopt such means
as may be reasonably necessary for that purpose; and the
master or commander of such vessel shall also, before any

of the passengers are allowed to disembark, if he shall be Master of resgel to required so to do by such cammissioner of police, magistrate,

furnish list of pas: or other officer as aforesaid, deliver to him a list in writing
sengers, and
give information of the passengers on board, specifying the ports or places at
respecting them.

which they embarked, and the ports or places of their dis-
embarkation or intended disembarkation, and answer to the
best of his knowledge all such questions touching the pas-
sengers on board the said vessel, or touching those who may
have disembarked in any part of British India, as shall
be put to him by the commissioner of police, magistrate,
or other officer as aforesaid. If any foreigner on board
such vessel in any part of British India shall refuse to give
an account of bis objects of pursuit in India, or if his account
thereof shall not be satisfactory, the officer may refuse to
allow him to disembark, or he may be dealt with in the same
manner as a foreigner travelling in British India without
a licence.

to

XXI. If the master or commander of a vessel shall wil- Penalty for false an

swer or repo fully give a false answer to any question which by Section 20 of this Act he is bound to answer, or shall make any false report, he shall be held to have committed the offence specified in Section 177 of the Indian Penal Code. XXII. If the master or commander of any vessel shall Penalty for neglect

by master of vesse wilfully neglect or refuse to comply with the requisi

to comply with retions of this Act, he shall on conviction before the magis

quisitions of Act. trate of the district or a justice of the peace, be liable to a fine not exceeding two thousand rupees. XXIII. Whoever intentionally obstructs any officer in Penalty for obstruct

ing officers the exercise of any of the powers vested in him by this Act, shall be held to have committed the offence specified in Section 186 of the Indian Penal Code. XXIV. All fines imposed under this Act may, according Fines imposed un.

der this Act how as they shall have been imposed for offences committed

to be recovered. within or for offences committed beyond the limits of the towns of Calcutta, Madras and Bombay, be recovered by a magistrate of police or by the magistrate of the district in the manner prescribed in Section 26 of Act XLVIII. of 1860 (to amend Act XIII. of 1856 for regulating the Police of the Towns of Calcutta, Madras and Bombay, and the several Stations of the Settlement of Prince of Wales' Island, Singapore, and Malacca.)

xxy. The Governor-General of India in Council, or the Persons may be erlocal Government of any part of British India in which this

empted from prc

visions of this Act. Act may for the time being be in force, may exempt any person, or any class of persons, either wholly or partially or temporarily or otherwise, from all or any of the provisions of this Act contained in any of the sections subsequent to Section V, and may at any time revoke any such exemption.

A, D, 1864.. ACT VI.

the

An Act to authorize the punishment of Whipping in cer. tain cases.

Passed on the 18th February 1864. Preamble.

WHEREAS it is expedient that in certain cases offenders should be liable, under the provisions of the Indian Penal Code, to the punishment of whipping; it is enacted as

follows: Whipping added to I. In addition to the punishments described in Section

punishments described in Sec

53 of the Indian Penal Code, offenders are also liable to tion 53 of the Penal whipping under the provisions of the said code. Offences punishable

II. Whoever coinmits any of the following offences may with whipping in be punished with whipping in lieu of any punishment to ishment prescribed which he may for such offence be liable under the Indian by Penal Code.

Penal Code, that is to say :

1. Theft, as defined in Section 378 of the said code.

2. Theft in a building, tent, or vessel, as defined in Sectión 380 of the said code.

3. Theft by a clerk or servant, as defined in Section 381 of the said code.

4. Theft after preparation for causing death or hurt, as defined in Section 382 of the said code.

5. Extortion by threat, as defined in Section 388 of the said code.

6. Putting a person in fear of accusation in order to commit extortion, as defined in Section 389 of the said code.

7. Dishonestly receiving stolen property, as defined in Section 411 of the said code.

8. Dishonestly receiving property stolen in the commission of a dacoity, as defined in Section 412 of the said code.

9. Lurking house-trespass, or house-breaking, as defined in Sections 443 and 415 of the said code, in order to the committing of any offence punishable with whipping, under this section.

.

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