hospital to conform to the regulations thereof approved under this Act;

then and in every such case such woman shall, on conviction before a magistrate, be punished with imprisonment, in the case of a first offence, for any terin not exceeding one month, and in the case of a second or any subsequent offence, for any term not exceeding three months; and in case she quits the hospital without being discharged as aforesaid, she may be taken into custody without warrant by any officer of police.

On the expiration of her term of imprisonment under this section, such woman shall be sent back from the prison to the certified hospital, and shall be detained there unless the medical officer of the prison at the time of her discharge from imprisonment, certifies in writing that she is free from contagious disease (the proof of which certificate shall lie on her).

Out-door Treatment of Prostitutes.

XVII. It shall be lawful for the local Government to empower such surgeons or other persons as it shall from time to time appoint, to prescribe, by order to be served on any woman registered under this Act, who has not received a notice under Section 14, the times and places at which she shall attend for medical treatment, and, if necessary, the medical treatment to which she shall submit.

Every such woman disobeying or failing to comply with any such order shall, on conviction before a magistrate, be punished with imprisonment for a term which may extend to a month, or with fine not exceeding one hundred rupees, or with both

Power to provide for

out-door treatment of registered women.

a prostitute while under medical treatment.

XVIII. If any registered woman on whom such order Penalty for acting as as last aforesaid shall have been served, conducts herself as a common prostitute before such surgeon or other person empowered as last aforesaid, certifies in writing to the effect that she is then free from a contagious disease (the proof of which certificate shall lie on her), she shall, on conviction before a magistrate, be punished with imprisonment for a

Penalty for residing

after prohibition.

term which may extend to six months, or with fine not exceeding five hundred rupees, or with both.

XIX. During the interval between the service of such order upon any registered woman and the granting of such certificate, an allowance for her subsistence shall be provided of such amount and in such manner as the local Government shall from time to time prescribe.

Segregation of Prostitutes.

XX. In any place to which the local Government shall in street or place by notification in the official gazette, have specially extended this section, it shall be lawful for such officer as the local Government shall from time to time appoint in this behalf, to cause a notice to be served on any registered woman, requiring her, after an interval of not less than seven days, to be mentioned in the notice, not to reside in any street or place therein specified.

Removal of name from registry.

Institution of prosecutions.

Presumption as to signatures.

Any registered woman on whom such notice shall have been served, disobeying the requisition therein contained, shall, on conviction before a magistrate, be punished with imprisonment, in the case of a first offence, for any term not exceeding one month, and in the case of a second or any subsequent offence, for any term not exceeding three months.

Removal from Registry.

XXI. The local Government shall lay down rules prescribing a procedure in accordance with which any woman registered under this Act and desirous of ceasing to carry on the business of a common prostitute in the place at which she is registered, and of having her name removed from the said book, may have her name removed accordingly.

Miscellaneous.

XXII. No prosecution shall be instituted under this Act, except at the instance of such officer as the local Government shall from time to time appoint in this behalf..

XXIII. In any proceeding under this Act, any notice, order, certificate, copy of regulations, or other document purporting to be signed by any person in the service of

Government, or by any person whom the local Government shall have, in exercise of the powers conferred on it by this Act, appointed to sign such document, shall, on production, be received in evidence, and shall be presumed to have been duly signed by the person and in the character by whom and in which it purports to be signed, until the contrary is shown.

XXIV. Every notice and order required by this Act to Service of notice. be served on a woman, shall be served by delivery thereof

either to her personally, or to some person for her at her usual place of abode.

XXV. Any suit against any person for anything done Limitation of suits. in pursuance of this Act, shall be commenced within three

months after the thing done, and not otherwise.

Notice in writing of every such suit, and of the cause thereof, shall be given to the intended defendant one month at least before the commencement of the suit.

The plaintiff shall not recover if tender of sufficient amends is made before suit, or if a sufficient sum of money is paid into court after suit brought, by or on behalf of the defendant.

XXVI. The local Government shall have power from Power to make rules. time to time, to declare by what officer anything directed to

be done by this Act, shall be done, and by what class of officers information regarding anything made an offence by this Act shall be exclusively furnished.

The local Government may also, from time to time, make rules consistent with this Act for the guidance of officers in all matters connected with its enforcement.

The local Government may also, from time to time, alter and add to any rules or regulations made under this Act: provided that such alterations and additions are not inconsistent with any of the provisions herein before contained.

So much of this section as relates to limitation of suits, repealed by Act IX. of 1871.

Preamble.

Short title.

Appointment of justices of the peace for the mofussi).

Appointment of jus

A. D. 1869. ACT II.

AN ACT for the appointment of Justices of the Peace.

Passed, on the 12th February 1869.

WHEREAS it is expedient to consolidate and amend the law relating to the appointment of Justices of the Peace; it is hereby enacted as follows:

I. This Act may be called "The Justices of the Peace Act, 1869."

II.

III.

Repealed by Act XIV. of 1870.

The Governor General of India in Council, so far as regards the whole or any part of British India (other than the towns of Calcutta, Madras and Bombay),

and every local Government, so far as regards the territories subject to its government or administration (other than the towns aforesaid),

may, by notification in the official gazette, appoint such and so many of the Govenanted Civil Servants of the Crown in India, or other British inhabitants, as the said Governor General in Council cr the local Government (as the case may be) shall think properly qualified to act as justices of the peace within and for the territories mentioned in such notification.

IV. The Governor General of India in Council, or the for the presidency local Government, so far as regards the town of Calcutta,

tices of the peace

towns.

Powers and duties of

and the local Government, so far as regards the towns of Madras and Bombay,

may, by notification in the official gazette, appoint any persons resident within British India and not being the subjects of any foreign state whom such Governor General in Council or local Government (as the case may be) shall think properly qualified to act as justices of the peace within the limits of the town mentioned in such notification.

V. All persons appointed under Section 3 or Section justices of the peace. 4 shall be justices of the peace, and shall have authority

to act as such, and shall have power to commit. for trial European British subjects of Her Majesty to the court prescribed in that behalf by the law in force for the time being, and shall do all other acts appertaining to the office of justice of the peace which under or by virtue of any law in force for the time being may be done by a justice of the peace within the said territories or towns, as the case may be. VI. All persons being servants of Government, appointed Powers of justices of by the Governor General in Council to act as justices of the peace for the whole of British India,

and all persons being servants of Government appointed by a local Government to act as justices of the peace for the territories subject to such Government, other than the towns aforesaid,

shall, so far as regards European British and Christian subjects of Her Majesty within the dominions of princes and states in India in alliance with Her Majesty, have power to act as justices of the peace, and to commit such subjects for trial according to law.

VII. Provided that no person other than a person now acting as a justice of the peace under a commission, shall be capable of acting as a justice of the peace until he shall have made and subscribed, before some other justice of the peace or the chief civil officer of any station within the territories or place in and for which he shall have been appointed, declarations to the following effect :

"

'I declare that I will be faithful and bear true allegiance to Her Majesty."

"I declare that I will truly and faithfully discharge the office of a Justice of the Peace.".

the peace in native states.

Declarations to be taken by justices of the peace.

clarations to be kept.

VIII. The subscriptions of such persons to the said de- Subscriptions to declarations shall be deposited with and kept by such officer as the Governor General in Council or the local Government (as the case may be) shall from time to time appoint. IX. The Governor General of India in Council in the case of any justice of the peace appointed by him, and the local

Power to suspend or dismiss.