the order has been made under Section 3,

and the person named in the order is confined under committal for trial, or under a remand pending trial or pending a preliminary investigation, and does not appear to be from sickness or other infirmity unfit to be removed,

and the place where his evidence is required is not more than five miles distant from the jail in which he is confined.

III.-Commissions.

XII. Whenever it shall appear to any civil court that the evidence of a person confined in any jail situate within the local limits of the appellate jurisdiction of such court if it 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, who for any of the causes mentioned in Section 10 or Section 11 cannot be brought up before it, is material in any matter depending before such court,

and whenever it shall appear to any such court that the evidence of a person confined in any jail so situate and more than ten miles distant from the place at which such court is held, is material in any such matter,

and in any case in which the district judge shall under Section 5 have declined to countersign the order for removal, the court may, if it think fit, issue a commission under the provisions of the Code of Civil Procedure for the examination of such person in the jail in which he is confined.

XIII. Whenever it shall appear to any high court that the evidence of a person confined in a jail situate beyond the local limits of its appellate jurisdiction is material in any civil matter depending before such court, or before any court subordinate thereto, the high court may, if it think fit, issue a commission under the provisions of the Code of Civil Procedure for the examination of such person in the jail in which he is confined.

Commission for examination of pri

soners.

Commission for examination of prisonera beyond li⚫ mits of appellate jurisdiction of high court.

be directed.

XIV. Every commission issued under Section 12 or Commission how to Section 13 shall be directed to the district court of the district wherein the jail in which such person is confined

Process how served on prisoners.

Process served to be transmitted at pri soner's request.

Deposit of costs.

is situate, and such court shall commit the execution of the commission to the officer in charge of such jail, or to such other person as the court thinks fit.

IV-Service of process on Prisoners.

XV. When any process directed to any person confined in any jail is issued from any court, the same may be served by exhibiting to the officer in charge of such jail or prison the original of such process, and by depositing with him a copy thereof.

XVI. Every officer in charge of a jail upon whom any such service as is mentioned in Section 15 shall be made, shall, as soon as may be, cause the copy of the process so deposited with him to be shewn and explained to the prisoner to whom it is directed, and shall thereupon endorse upon such process a certificate signed by him that the prisoner to whom the process is directed is a prisoner in the jail under his charge, and that he has received a copy thereof.

Such certificate shall be sufficient prima facie evidence of the service of such process; and if the prisoner requests that the said copy be sent to any other person, and provides the cost of so sending it, the said officer shall cause the same to be so sent through the post office by registered letter.

V.-Miscellaneous.

XVII. No order in any civil matter shall be made by a court under any of the provisions herein before contained, until the amount of the costs and charges of the execution of such order (to be determined by the court) is deposited

in such court:

Provided that if upon any application for such order it appear to the court to which the application is made that the applicant has not sufficient means to meet the said costs and charges, the court may pay the same out of any fund applicable to the contingent expenses of such court; and every sum so expended may be recovered by Government. from any person ordered by the court to pay the same, as if it were costs of suit recoverable under the Code of Civil Procedure.

XVIII. It shall be lawful for the local Government, Power to make rules. and in cases arising under Section 8 for the Governor General of India in Council, to make rules consistent with

this Act

(1), for regulating the escort of prisoners to and from the court in which their presence is required;

(2) for regulating the amount to be allowed for the costs and charges of such escort; and

(3) for the guidance of officers in all other matters connected with the enforcement of this Act; and from time to time to alter and add to the rules so made.

XIX. All such rules, alterations and additions shall be Publication of rules. published in the official gazette, and shall from the date of such publication be deemed to have the force of law.

XX. The local Government may also declare in each case what officer shall, for the purposes of this Act, be deemed to be the officer in charge of the jail.'

Power to declare who

shall be deemed officer in charge of jail.

day of

next by

of the clock in the

on the forenoon of the same day, there to give testimony in a cause now pending before [or in a certain charge or prosecution now pending before,

dispense with his farther attendance, cause him to be conveyed under

forenoon of the same day, there to answer a charge now pending before and after such charge shall have been disposed of or the said shall dispense with his farther attendance, cause him to be conveyed under safe and sure conduct back to the said jail.

day of

A. B.

(Countersigned) C. D.

Preamble.

Short title.

Commencement and extent of Act.

Interpretation clause

Person of European extraction.

A. D. 1869. ACT XXI.

AN ACT to provide against European Vagrancy.
Passed on the 18th September 1869.

WHEREAS numerous persons of European extraction are at
present wandering in a destitute condition throughout India,
and whereas such conduct is prejudicial to public order, and
it is expedient to prevent the same; it is hereby enacted as
follows:-

:

PART I.
PRELIMINARY.

I. This Act may called "The European Vagrancy Act, 1869."

II. Sections 3, 17, 18, 20, 22, 23, 27, 28, 30, 32, 33, and 34 shall come into operation at once, and shall extend to the whole of British India and to the dominions of princes and states in India in alliance with Her Majesty:

Sections 25, 26, and 31 shall come into operation on the first day of January 1870, and shall extend to the whole of British India and to the said dominions:

and the rest of this Act shall come into operation in such parts of British India and of the said dominions, and on such day or respective days as the Governor General of India in Council shall from time to time by notification in the Gazette of India appoint in this behalf.

III. In this Act

"Person of European extraction" includes Americans and Australasians:

"Vagrant" means a person of European extraction found Vagrant. asking for alms, or wandering about without any employment or visible means of subsistence:

"Master of a ship" includes any person in charge of a Master of a ship. decked vessel:

and in Parts III and V of this Act "Magistrate" means, Magistrate. within the limits of the towns of. Calcutta, Madras and Bombay, a magistrate of police, and, outside those limits, a person exercising powers under the Code of Criminal Procedure not less than those of a subordinate magistrate of the first class.

PART II.
PROCEDURE.

IV. Any police officer may, within the limits of the towns of Calcutta, Madras and Bombay, require any person who is apparently a vagrant to accompany him or any other police officer to and to appear before the nearest magistrate of police, and may, without those limits, require any such person to accompany him or any other police officer to and to appear before the nearest justice of the peace exercising the full powers of a magistrate under the Code of Criminal Procedure.

V. The magistrate of police or justice shall make a summary inquiry into the circumstances and character of the alleged vagrant; and if he is satisfied that such person is a vagrant, he shall record in his office a declaration to that effect.

Power to require ap

parent vagrant to go before police magistrate, or justice of the peace with full powers of a magistrate.

Summary inquiry in to vagrant's circumstances.

house.

If he is further of opinion that the vagrant is not likely Order to go to workto obtain employment at once, or if he has reason to believe that a declaration of vagrancy has on any former occasion been recorded in respect of such vagrant, he shall require the vagrant to go to a Government work-house, and shall draw out an order to that effect.

The vagrant shall then be placed in charge of the police for the purpose of being forwarded to the work-house, and the said order shall be a sufficient authority to the police for retaining him in their charge while he is on his way to the work-house, and to the governor of the work-house or receiving and detaining such vagrant,