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Government in the case of any justice of the peace appoint

ed by it, may suspend or dismiss any person so appointed. Present justices of the X. Every person now acting as a justice of the peace peace to be deemed to be appointed within and for any part of British India other than the said under this Act. towns, under any commission issued by any of the said high

courts, shall be deemed to have been appointed under Section 3 by the said Governor General in Council to act as a justice of the peace for the whole of British India.

Every person now acting as a justice of the peace within the limits of any of the said towns under any such commission, shall be deemed to have been appointed under Section 4 by the local Government.

SCHEDULE. Repealed by Act XIV. of 1870.

A. D. 1869. ACT X.

Preamble.

An Act to abolish the Police Superannuation Funds.

Passed on the 18th March 1869. WHEREAS a fund called “ The Police Superannuation Fund" has been formed under Act No. XXIV. of 1859 (for the better Regulation of the Police within the territories subject to the Presidency of Fort Saint George), Section 12; and whereas similar funds have been formed under Act No. V. of 1861 (for the regulation of Police), Section 11.; and under the Act of the Governor of Bombay in Council, No. VII, of 1867 (for the regulation of the District Police in the Presidency of Bombay), Section 12; and whereas it is expedient to abolish the said funds, and to transfer to the Government of India the securities and moneys at the credit of such funds respectively; it is hereby enacted as follows:

I. The said section shall be repealed from such day. as the Governor General of India in Council shall, by notification in the Gazette of India, direct in this behalt.

II. All securities and sums of money which, on the said day, shall be standing at the credit of the said funds respectirely, shall be transferred and paid to the Government of India for the general purposes of government.

Repeal of enactments

establishing funds.

Transfer to Govern

ment of sums at credit of funds.

A. D. 1869. ACT XV.

An Act to provide facilities for obtaining the evidence and

appearance of prisoners, and for service of process upon them.

Passed on the 4th June 1869. WHEREAS it is expedient to provide facilities for obtaining Preamble. the evidence and appearance in court of prisoners, and for service of process upon them; it is hereby enacted as follows:

1.- Preliminary. I. This Act may be called “ The Prisoners' Testimony Short title. Act, 1869."

II. For the purposes of this Act, the courts of small Presidency amalt causes established within the local limits of the ordinary

cause courts. original civil jurisdiction of the high courts of judicature at Fort William, Madras and Bombay, and the courts of persons exercising the powers of a magistrate of police Police magistrates. within the same limits, shall be deemed to be respectively subordinate to the said high courts.

Act.

II.-Bringing up Prisoners. III. Any criminal court not inferior to the court of a Criminal courts may subordinate magistrate of the first class, may, in its disere

wako orders under tion, if it appear that the testimony of any person confined in any jail situate within the local limits of its appellate jurisdiction if the criminal court be a high court, or, if it be not a high court, then within the local limits of the appellate jurisdiction of the high court to which it is subordinate, is material in any matter depending in such criminal court, or if a charge of an offence against such person is made or pending, make an order in the form in Schedule A or Schedule B (as the case may be) to this Act annexed, directed to the officer in charge of the said jail. IV. Any civil court may in its discretion, if it appear Civil courts may

make orders under that the testimony of any person confined in any jail situate

Act. within the local limits of its appellate jurisdiction, if the

civil court be a high court, or, if it be not a high court, then within the local limits of the appellate jurisdiction of the high court to which it is subordinate, is material in any matter depending in such civil court, make an order in the form in the said Schedule A, directed to the officer in charge

of the said jail. Court to countersign V. When such order is made in any civil matter pending orders.

in a court subordinate to the court of the district judge, or in any court of small causes situate outside the local limits of the ordinary original civil jurisdiction of the bigh courts of judicature at Fort William in Bengal, Madras and Bom. bay, it shall not be forwarded to the officer to whom it is directed, or acted. úpon by him until the same shall have been submitted to, and countersigned by such judge, or the district judge within the local limits of whose jurisdiction

such court of small causes is situate. Statement of facts Every order so submitted shall be accompanied by a statenecessitating order. ment under the hand of the judge of the facts which, in his

opinion, render such order necessary, and the district judge inay, after considering such statement, decline to counter

sign the order. Order to be trans VI. When any person for whose attendance an order as mitted through

hereinbefore mentioned shall be made, is confined in any magistrate of the

which district other than that in which the court making or counterthe person is confined.

signing the order is situate, the order shall be sent by the court by which it shall have been made or countersigned to the magistrate of the district or division of a district in which the said person is confined, and such magistrate shall cause it to be delivered to the officer in charge of the jail in

which such person is confined. Order by high court VII. In any case in which a person is confined in a jail

for removal of per: within the local limits of the ordinary original civil jurisson confined more

100 miles diction of any of the high courts of judicature at Fort Wilfrom place where his evidence is re- liam, Madras and Bombay, or in a jail more than one hunquired,

dred miles distant from the place where any court, subordinate to a high court, in which his evidence is required is held, the judge or presiding officer of the court in which the evidence is so required shall, if he think it expedient that such person should be removed under this Act for the pur

than

pose of giving evidence in such court, and if the said jail is situate within the local limits of the appellate jurisdiction of the high court to 'which such court is subordinate, apply in writing to the same high court, and such high court may, if it think fit, make an order in the form in the said Sobedule A, directed to the officer in charge of the said jail.

The high court making the order shall send it to the magistrate of the district or division of a district in which the person named therein is confined, and such magistrate shall cause the order to be delivered to the officer in charge of the jail in which such person is confined.

For the purposes of this section and Sections 3 and 4, the Chief Commissioner of British Burmah shall be deemed to be a high court: the court of a recorder appointed under Act No. XXI. of 1863 shall be deemed to be subordinate to the said Chief Commissioner; and every jail situate in British Burmah shall be deemed to be situate within the local limits of the said Chief Commissioner's appellate jurisdiction. VIII. In any case in which a person is confined within Pirsons coufined be.

yond

limits a jail situate beyond the local limits of the appellate juris- appellate jurisdiodiction of a high court, any judge of such court may, if he

tion of high court. think it expedient that such person should be removed under this Act for the purpose of giving evidence in any criminal matter in such court or in any court subordinate thereto, apply in writing to the local Government within the terri. tories subject to which the said jail is situate; and such Ga. vernment may, if it think fit, direct that such person shall be so removed, subject to such rules regulating the escort of such prisoners as the Governor General of India in Council may from time to time prescribe.

To obtain the removal of a persori confined in a jail situate beyond the territories for the time being under the administration of the Chief Commissioner of British Burmah, for the purpose of giving evidence in any criminal matter in the court of recorder appointed under the said Act No. XXI. of 1863, such recorder shall have the power conferred on a judge of a high court by the former part of this section, and the other provisions of such part shall, mutatis mutandis, apply.

of

Prisoner to be IX. Upon delivery of any order under this Act to the brought up.

officer in charge of the jail in which the person named therein is confined, such officer shall cause him to be taken to the court in which his attendance is required, so as to be present in such court at the time in such order mentioned ; and shall cause bim to be detained in custody in or near the court until he shall have been examined or until the judge or presiding officer of such court shall authorize him to be

taken back to the jail in which he was confined. Power to Governnent X. The Governor General of India in Council or the

to except certain prisoners

from local Government may, from time to time, by notification in operation of Act,

the official gazette, direct that any person or any class of persons shall not be removed from the jail in which he or they may be confined ; and thereupon, and so long as such notification remains in force, the provisions of this Act, other than those contained in Sections 12, 13, and 14, shall not

apply to such person or class of persons. When jailor may XI. When any person named in any order made under disobey order.

Section 3, Section 4, or Section 7, appears to be from sickness or other infirmity unfit to be removed, the officer in charge of the jail in which he is confined shall apply to the magistrate of the district or division of a district in wbich such jail is situate, and if such magistrate shall by writing under his hand declare himself to be of opinion that such person is from infirmity unfit to be removed ;

or when any person named in any such order is under committal for trial ;

or under a remand pending trial or pending a preliminary investigation ;

or when any such person is in custody for a period which would expire before the expiration of the time required for removing him under this Act and for taking him back to the jail in which he is confined ;

then and in every such case the officer in charge of the jail shall abstain from obeying such order, and shall send to the court from which the order has been issued a statement of his reason for not obeying the same :

Provided that the said officer shall not so abstain when

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