with rigorous imprisonment for a term which may extend

to two years.

XXIII. Any person of European extraction found ask- Begging. ing for alms, when he has sufficient means of subsistence,

or asking for alms in a threatening.or insolent manner,

or continuing to ask for alms of any person after he has been required to desist,

shall be punishable, whether he be or be not a European British subject, on conviction before a magistrate, with rigorous imprisonment for a term not exceeding one month for the first offence, two months for the second, and three months for any subsequent offence.

XXIV. Every person imprisoned under Section 19, 20, 21, 22, or 23, shall, at the end of his term of imprisonment, be placed before the nearest magistrate of police or justice of the peace exercising full powers as aforesaid, who shall, if he think fit, forthwith deal with him in the manuer prescribed by Sections 5 and 6.

The order of transmission shall certify the fact of the previous conviction.

XXV. Every master of a ship landing or allowing to land in any part of British India any person of European extraction who has been convicted in any other part of Her Majesty's dominions of felony or of an offence which, if committed in England, would be felony, shali, on conviction before a magistrate, be liable, for every person so landed or allowed to land, to pay a fine not exceeding 500 rupees and not less than 100 rupees, and, in default of payment, to imprisonment for any term not exceeding two months;

unless the defendant shall satisfy the magistrate by evidence (which the defendant is hereby declared competent to give), that he had made due enquiry as to the person so landed or allowed to land, and that he had no reason to believe that such person had been convicted as aforesaid.

The Governor General of India in Council may from time to time, by notification in the Gazette of India, exempt from the operation of the former part of this section the masters

Procedure on close of imprisonment.

Penalty on shipmaster bringing European convicts to India,

Power to exempt certain shipmasters.

Recovery of fines.

Payment of fines.

Prosecution.

Limits of jurisdiction.

Validity of proceedings where police

of any class of ships, on such terms as to the said Governor General in Council shall seem fit, and whether in respect of all or of any part of the persons on board such ships.

The said Governor General in Council may in like manner revoke any exemption made under this section.

XXVI. All fines imposed under this Act may be recovered if for offences committed outside the local limits of the towns of Calcutta, Madras and Bombay, in the manner prescribed by the Code of Criminal Procedure, and if for offences committed within those limits, in the manner prescribed by any Act regulating the police of such towns in force for the time being..

All fines recovered, under this Act shall be paid to the credit of the Government of India, or as such Government shall from to time time direct.

XXVII. All prosecutions under this Act may, be instituted and conducted by such officer as the local Government shall from time to time appoint..

XXVIII. In imposing penalties under this Part and Part III. of this Act, no person shall exceed the limits of jurisdiction prescribed for him by the Code of Criminal Procedure in the case of offenders not being European British subjects.

XXIX. No proceeding under this Act shall be deemed magistrate or jus- invalid by reason only that the magistrate of police or justice tice is not the before whom a person apparently a vagrant was required to appear, or before whom a person was placed under Section 24, was not the nearest.

nearest.

Deprivation of pri

vileges of European British

.PART VI.
MISCELLANEous.

XXX. Any European British subject who, upon the subjects summary enquiry mentioned in Section 5, has been deterunder Criminal mined to be a vagrant, or who has been convicted under

Procedure Code.

Section 22 or Section 23, shall, so long as he remains in India, be subject, beyond the limits of the said towns, to the provisions of the Code of Criminal Procedure (other than those

contained in Chapter XIX. of the same code) applicable to a European not being a British subject..

*If from any cause he is committed or held to bail by a justice of the peace to take his trial before a high court, he shall not be at liberty to object to the jurisdiction of such justice of the peace or high court on the ground of anything contained in the former part of this section.

An office copy of the declaration recorded-under Section 5 shall be primâ facie evidence that the European British subject named therein has been, upon such enquiry, determined to be a vagrant.

XXXI. Whenever any person of European extraction Liability of importlands in India,

or, being a non-commissioned officer or soldier in Her Majesty's army, leaves that army in India,

under an engagement to serve any other person, or any company, association or body of persons in any capacity,

and becomes chargeable to the state as a vagrant within one year after his arrival in India. or leaving the army, as the case may be, then the person, or company, association or body, to serve whom he has so landed in India or left the army, shall be liable to pay to the Government the cost of his removal under this Act, and all other charges incurred by the state in consequence of his becoming a vagrant.

ers of Europeans or employers of soldiers becoming vagrants.

Such costs and charges shall be recoverable by suit as if Recovery of charges. an express agreement to repay them had been entered into with the Secretary of State for India in Council by the person, company, association or body chargeable.

XXXIA. When any person of European extraction lands Liability of consiguee in India, being or having been during his passage to India in charge of, or in attendance upon any animal, and becomes chargeable to the state as a vagrant within one year after his arrival in India, then

the consignee of such animal,

or the agents in India for the sale of such animal,

or, if such consignee or agent cannot be found,

See Act XXVIII of 1871.

or agent of animals in charge of Euro peans arriving in India and becomings vagrants.

Exercise of powers conferred on local Government.

Exercise in native states of powers

Conferred on ma gistrates, justices and police.

Power to make rules for guidance of officers.

the agent to whom the ship in which such animal arrived in India was consigned,

shall be liable to pay to the Government the cost of such person's removal under this Act, and all other charges incurred by the state in consequence of his becoming a vagrant.

Any such consignee or agent shall be entitled to charge the consigner or principal for any payment to the Government under this section.

For the purposes of this section, "consignee" includes any person who undertakes to dispose of such animal for the benefit of the consigner.

1

"Agent" includes any person who undertakes the agency of such ship, though it may not have been consigned to him.

XXXII. The powers and duties conferred and imposed by Sections 16 and 18 on a local Government may be exercised and performed by such class of officers as the local Government shall from time to time, by notification in the official gazette, appoint in this behalf.

XXXIII. The powers and duties conferred and imposed by this Act on magistrates, justices of the peace exercising the full powers of a magistrate, and police officers respectively, may, in places beyond the limits of British India, be exercised and performed by such persons respectively as the Governor General of India in Council shall from time to time by notification in the Gazette of India, appoint in this behalf.

XXXIV. The Governor General of India in Council may from time to time make rules consistent with this Act for the guidance of officers in matters connected with its enforcement.

All such rules shall be published in the Gazette of India.

THE FIRST SCHEDULE.

WHEREAS E. F. of

(See Section 9.)

a person of European extraction and holder of this certificate, has appeared before me and satisfied me

space of

that he is not likely to become a vagrant within the meaning of the European Vagrancy Act 1869, THESE ARE TO CERTIFY that for the months from the date hereof and within the Province [or District] of nothing in Sections 4, 5, 6 and 7 of the same Act shall be deemed to apply to him, unless he is found asking for alms when he has sufficient means of subsistence, or asking for alms in a threatening or insolent manner, or continuing to ask for alms of any person after he has been required to desist: IN ANY OF WHICH CASES be shall be liable to be imprisoned and otherwiso dealt with as provided in Sections 23 and 24 of the said Act.

18.

day of

BETWEEN the Secretary of State for India in Council of the one part and C. D. of &c. [the vagrant] of the other part: Each of the parties hereto (so far as relates to the acts on his own part to be performed) hereby agrees with the other of them as follows:

1. The said C. D. shall proceed forthwith to the port of [the port of embarkation.]

2. The said C. D. shall there embark on board such ship and at such time as an officer appointed in this behalf by the local Government shall direct.

3. The said C. D. shall remain on board such ship until she shall have arrived at her port of destination.

4. The said C. D. shall not return to India until five years, shall have elapsed from the date of such embarkation, unless specially permitted so to return by the said Secretary of State.

5. The said Secretary of State in Council shall defray the cost of the transit of the said C. D. to the said port, and of his lodging and subsistence during such transit and during his detention (if any) at the same port, and shall contract with the owner of the said ship or his agent for the passage of the said C. D. on board the said ship, and for his subsistence during the voyage for which he shall embark as aforesaid.

IN WITNESS whereof A. B. (by order of the Governor General of India in Council [or the Governor of

the Lieutenant Governor of

of

in Council, or or the Chief Commissioner

], on behalf of the said Secretary of State in Council), and the said C. D. have, hereunto set their bands the day and year first above written.