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A. D. 1870. ACT 1.
An Act to provide Rules relating to Quarantine.
Passed on the 14th January 1870. Preamblo.
WAEREAS it is expedient to empower expressly the Goverzor General of India in Council and the local Governments to make rules relating to quarantine ; it is hereby enacted as
follows: Power to make qua I. It shall be lawful for the Governor General of India ranting rules.
in Council and (with the previous sanction of the said Governor General in Council) for the local Governments respectively, from time to time, to make rules
for putting any vessel into a state of quarantine ;
for regulating the intercourse of vessels in a state of quarantine with the shore, or with other vessels; and
for regulating the intercourse between .ports Wlrere an
infectious disease prevails and other ports. Quarantino rules to II. All such rules shall be published in the Gazette of be deemed rules under section 271 India and also in the local gazette, and shall thereupon bo of Penal Code.
deemed to be rules made and promulgated under Section 271 of the Indian Penal Code.
A. D. 1870. ACT VIII.
An Act for the prevention of the Murder of Female
Passed on the 18th March 1870. Preamble.
WHEREAS the murder of female infants is believed to be commonly committed in certain parts of British India ; and whereas it is necessary to make better provision for the pre
vention of the said offence; it is hereby enacted as follows: Power to take mea. I. If it shall appear to the local Government that the said
sures under Act in particular dis. offence is commonly committed in any district, or by any tricto.
class, or family, or persons residing therein, the local Government may, with the previous sanction of the Governor
General of India in Council, declare, by notification published in the official gazette, and in such other manner as the local Government shall direct, that measures for the prevention of such offence shall be taken under this Act in such district, or in respect of such class, or family, or persons.
The notification shall define the limits of such district, or shall specify the class, or family, or persons to whom such. notification is to be deemed to apply.
II. When such notification shall have been published Power to make rules. as aforesaid, it shall be lawful for the local Government, Subject to the provisions of Section 3, from time to time to make rựles consistent with this Act, for all or any of the following purposes :
(1.) For making and maintaining registers of births, marriages, and deaths occurring in such district, or in or among the elass, family, or persons to whom such notification has been made applicable ; and for making, from time to time, a census of such persons or of any other. persons residing within such district :
(2.) For the entertainment of any police force in exoeng of the ordinary fixed establishment of police, or for the entertainment of any officers or servants for the purpose of proventing or detectirg the murder of female, infants in such district, or in or among such class, family, or persons, or for carrying out any of the provisions of this Act:
(3.) For prescribing how and by whom information shall be given to the proper officers of all births, marriages, and deaths occurring or about to ocour in such district, or in or among such class, family, or persons :
(4.) For the regulation and limitation of expenses incurred by any person to whom such notificatioa applies on account of the celebration of marriage or of any ceremony or custom connected therewith :
(5.) For regulating the manner in which all or any of the expenses incurred in carrying into effect rules made under this section shall be recovered from all or any of the inhabitants of such district, or from the persons to whom such notification is applicable :
(6.) For defining the duties of any officer or servant ap
pointed to carry out any rule made under this section. Confirmation and III. No rule or alteration made under Section 2 sball
take effect until it shall have been confirmed by the Governor General of India in Council and published in the Gazette of India and also in the local gazette.
Copies of every such rule shall be affised in such places and shall be distributed in such manner as the local Go
vernment may direct. Punishment
IV. Whoever disobeys any such rule shall, on conviction breach of rules.
before any officer exercising the powers of a magistrate, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand
rupees, or with both. Saving of prosecu V. Nothing in this Act, or in any rulo made and pub
tions under other laws,
lished as aforesaid, shall prevent any person from being prosecuted and punished under any other law for any offence punishable under this Act: provided that' no person shall
be punished twice for the same offence. Power to place neg VI. If it appears to the magistrate of the district that
lected children under supervision. any person to whom the notification mentioned in Section
1 applies, neglects to make proper provision for the maintenance of any female child for whose maintenance he is legally responsible, and that the life or health of such child is thereby endangered, such magistrate may, in his discretion, place the child under such supervision as he may think proper, and shall, if necessary, remove the child from the custody of such person.
The magistrate of the district may order him to make a monthly allowance for the maintenance of the child at such monthly rate not exceeding fifty rupees as to such magistrate shall seem reasonable, and if such person wilfully neglects to comply with such order, such magistrate may, for every breach of the order, by warrant direct the amount due to be levied in manner provided by Section 61 of the Code of Criminal Procedure.
Nothing in this section shall affect the powers of magis. trates under Section 316 of the same code.
VII. This Act shall, in the first instance, estend only to. Extent of Act. the North-Western Provinces, to the Punjáb, and to Oudb ; .but the Governor General of India in Couneil may by order extend it to any part of the territories (other than Oudh) under the immediate administration of the Government of India; and the Governor of Madras in Council, the Governor of Bombay in Council, and the Lieutenant Governor of Bengal, may soverally by order extend it to any part of the territories under their respective governments.
Every order under this section made by the Governor General of India in Council shall be published in the Gacette of India. Every other order made under this section shall be published in the local official gazette.
A. D. 1870. ACT XXII.
An Act to confirni certain Laws affecting European
Passed on the 30th August 1870. WHEREAS the Governors of the Presidencies of Fort St. Preamblo. George and Bombay in Council, and the Lieutenant-Governor of Bengal in Council, have severally passed divers Acts purporting to apply generally to all persons within the local extent of the said Acts; and whereas doubts have been raised as to the validity of such Acts in so far as they effect to render European British subjects liable to be convicted and punished by tribunals other than the high courts of judicature at Fort William, Madras and Bombay; and whereas doubts have also been raised as to the application to European British subjects of certain Acts of the Governor General in Council ; for the purpose of removing such doubts, it is hereby enacted as follows : I. Every such Aet passed by the Governor of the Presi- Confirmation of local
Acts so far as redency of Madras in Council, or by the Governor of the
gards European Presidency of Bombay in Council, or by the Lieutenant British subjects. Governor of Bengal in Council, shall, so far as regards the liability of European British subjects to be convicted and
punished thereunder, be and be deemed to have been as valid as if it had been passed by the Governor General of India in Council at a meeting for the purpose of making
laws and regulations. Acts conferring sum. II. Unless there be something repugnant in the context,
mary jurisdiction over offences to apn all Acts heretofore or hereafter passed by the Governor pły to European General in Counoil, which confer summary jurisdiction over British subjects.
offences, shall be deemed to apply to European British subjects, although such persons be not expressly referred to
therein. Amendment of Act III. Act No. XVIII of 1859 (to amend the law relating
No. XVIII. of 1859, Sections 1, 2 to offences declared to be punishable on conviction before a and 4.
Magistrate) shall be construed as if, in Sections 1, 2 and 4, after the word' heretofore the words or hereafter' were
inserted. Saving of limits of IV. Nothing in this Act shall be taken to authorize a dinary jurisdiction. magistrate to exceed the limits of his ordinary jurisdiction
as to the amount of punishment which he.may inflict, or to confer jurisdiction on any magistrate not being a justice of
V. All magistrates and other persons are hereby indemnified for anything done before the passing of this Aot which might lawfully have been done if this Act had been then in force; and no suit or other proceeding shall be maintained against auy such magistrate or other person in respect of anything so done.
AN ACT to amend the Indian Penal Code:
Passed on the 25th November 1870. Preamblei
For the purpose of amending the Indian Penal Code ; it is hereby enacted as follows :
I. For Section 34 of the said code, the following section
shall be substituted :Liability for act done “34. When a criminal act is done by several persons in
by several persons in furtheranco of furtherance of the common intention of all, each of such