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tricts from the operation of Sections 25 and 26 of the same Act; it is enacted as follows:1. Act No. VI. of 1865, and the second clause of Section Repeal of Act No. VI.
of 1865, and of part 55 of Act No. XXXI. of 1860 are hereby repealed; but the of Section 55 of
Act No. XXXI of rest of the Act last herein before mentioned shall, subject to
1860. the modifications hereinafter mentioned, continue in force Rest of Act No.
XXXI of 1860 cou. from the passing of this Act until the Governor-General of
tinued. India in Council shall, by an order published in the Gazette of India, declare otherwise. II. The licence mentioned in Sections 26, 28, 29, and 30 Licences to bear arms
may be granted on of the said Act No. XXXI. of 1860 may be granted by the
conditions. magistrate or other person specially authorized to grant the same, subject to such condition or conditions, if any, as such magistrate or other person shall think fit; and on breach of any such condition, or failure to comply therewith, such licence shall thereupon be null and void. III. For the last clause of Section 27 of the same Act, Amendment of Sec
tion 27 of Act No. the following words shall be substituted (that is to say)
XXXI. of 1860. “Such other persons, classes of persons, districts or parts of districts as the local Government may by notification in the official gazette from time to time exempt from such provisions.”
IV. This Act may be cited, as “The Arms' Act con- Short title. tinuance Act, 1866."
A. D. 1866. ACT XVI.
AN Act to relieve the Governor-General of India in Council
from the duty of signing the Commissions mentioned in Sections 22 and 44 of the High Court's Criminal Procedure Amendment Act, 1865.
Passed on the 23rd March 1866. WHEREAS it is expedient to relieve the Governor-General Preamble. of India in Council from the duty of signing the commissions respectively mentioned in Sections 22 and 44 of “ The High Court's Criminal Procedure Amendment Act, 1865;" it is enacted as follows:
Seal to be made. I. A seal shall be made at the expense of the Govern
ment of India with this inscription, “ The Seal of the Governor-General of India in Council," and shall be kept in the custody of such person as the Governor-General of India in
Council shall from time to time appoint in that behalf, and Stamping of com- the commissions respectively mentioned in Sections 22 and
missions under Act No. XIII. of 1865, 44 of“ The High Court's Criminal Procedure Amendment Sections 22 and 44. Act 1865,” may be stamped with such seal by such person
as the Governor-General of India in Council shall from time to time appoint in that behalf; and when so stamped shall be equally valid and effectual as if they had been signed by the Governor-General of India and the Members of his Council.
A, D. 1867. ACT VII.
AN ACT to reduce the pecuniary penalty for purchasing
from Soldiers arms, ammunition, clothes and other articles.
Passed on the 1st February 1867. Preamble.
WHEREAS by the Act for punishing mutiny and desertion, and for the better payment of the Army and their quarters,
it is enacted as follows :Penalty on purchas “ Any person who shall knowingly detain, buy, exchange,
ing soldiers' neces. or receive from any soldier or deserter, or any other person saries, stores, &c.
acting for or on his behalf, on any pretence whatsoever, or who shall solicit or entice any soldier, or shall be employed by any soldier, knowing him to be such, to sell any arms, ammunition, medals for good conduct or for distinguishment or other service, clothes or military furoiture, or any provisions, or any sheets or other articles used in barracks provided under barrack regulations, or regimental necessaries, or any article of forage provided for any horses belonging to Her Majesty's service, or who shall have in his or her possession or keeping any such arms, ammunition, medals, clothes, furniture, provisions, spirits, articles, necessaries of forage, and shall not give a satisfactory account how he or she came by the same, or shall change the colour of any
clothes as aforesaid, shall forfeit for every such offence any sum not exceeding twenty ponnds, together with treble the value of all or any of the several articles of which such offender shall so become or be possessed ; and if any person having been so convicted shall afterwards be guilty of any such offence, he shall for every such offence, forfeit any sum not exceeding twenty pounds, but not less than five pounds, and the treble ralue of all or any of the several articles of which such offender shall have so become possessed ; and shall in addition to such forfeiture be committed to the common gaol or house of correction, there to be imprisoned, with or without hard labour, for such term not exceeding six calendar months, as the convicting justice or justices shall think fit; and upon any information against any person for a second or any subsequent offence, a copy of the former conviction, certified by the proper officer having the care or custody of such conviction, or any copy of the same proved to be a true copy, shall be sufficient evidence to prove such former conviction ; and if any credible person shall prove on oath before a justice of the peace, or person exercising like authority according to the laws of the part of Her Majesty's dominions in which the offence shall be committed, a reasonabie cause to suspect that any person has in his or her possession, or on his or her premises, any property of the description hereinbefore described, on or with respect to which any such offence shall have been committed, such justice may grant a warrant to search for such property, as in the case of stolen goods; and if upon such search any such property shall be found, the same shall and may be seized by the officers charged with the execution of such warrant, who shall bring the offeuder in whose possession the same shall be found before the same or any other justice of the peace, to be dealt with according to law : provided always that it shall be lawful for the legislature of any of Her Majesty's foreign dominions, on the recommendation of the officer or officers for the time being administering the government thereof, but not otherwise, to make provision by law for reducing such pecuniary penalty, if not exceeding twenty pounds, to such amount as may to such legislature appear
to be better adapted to the ability and pecuniary means of Her Majesty's subjects and others inhabiting the same, which reduced penalty shall be sued for and recovered in such and the same manner as the full penalty hereby imposed : provided also that it shall be competent to Her Majesty, or to the person or persons administering the government of any such foreign dominions as aforesaid, to exercise, in respect of the laws so to be passed as aforesaid, all such powers and authorities as are by law vested in Her Majesty or in any such officer or officers as aforesaid in respect of any other law made or enacted by any such legislature."
And whereas the officers now administering the government of British India have recommended that the pecuniary penalty aforesaid, if not exceeding twenty pounds, shall be reduced to the amount hereinafter mentioned as being better adapted to the ability and pecuniary means of Her Majesty's subjects and others inhabiting British India ; and whereas it is expedient to give effect to such recommmendation ;-in exercise of the said power for this purpose contained in the said Act, and of every other power enabling the Governor General of India in Council in this behalf, and on the recommendation aforesaid ; it is hereby enacted as
follows: Reduction of pecu.
1. From and after the passing of this Act, wherever the niary ponalties provided by Mutiny pecuniary penalty which might have been imposed under the
said recited section of this Act had not been passed shall not exceed twenty pounds or two hundred rupees, the first part of the said section shall be read as if for the words “twenty pounds," wherever they occur, the words " fifty rupees" were substituted ; and as if for the words “ five pounds” the words“ five rupees” were substituted.
To render penal certain Offences committed by Servants of
Passed on the 26th June 1867.
in the employment of Railway Companies; it is hereby enacted as follows:
1. In this Act " Railway Company" means the pro. Interpretation olause. prietors for the time being of every railway or tramway situate in the territories vested in Her Majesty or her successors under the Statute 21 & 22 Vic., cap. 106 (An Act for the better government of India), or (so far only as regards British subjects within the dominions hereinafter mentioned) situate in the dominions of princes and states in the East Indies in alliance with Her Majesty or her successors, and the lessees, representatives, and assigns of such proprietors. II. Every officer and servant of a railway company Railway officers and
servants be shall be deemed a public servant within the meaning of Sec
"public servants" tions 161, 162, 163, 164, and 165 of the Indian Penal Code. within meaning of
Penal Code. III. In the definition of legal remuneration contained Government" to in
clude 'a railway in the said Section 161, the word Government’shall, for
company. the purposes of this Act, be deemed to include a railway company.
IV. This Act shall be called “The Railway Servants' Short title. Act, 1867."
A. D. 1868. 'ACT XIV.
An Act for the prevention of certain Contagious Diseases.
Passed on the 17th April 1868.
Interpretation clause, “ Magistrate” means any person exercising the powers of Magistrate. a magistrate or of a subordinate magistrate of the first class, and includes a magistrate of police in a presidency town: