« EelmineJätka »
A, D. 1852. ACT XXIII.
To authorize and empower the Governors in Council of the
respective Presidencies of Madras and Bombay to mitigate or discharge fines, amerciaments, &c., imposed by the Supreme Courts, or any other Courts of Justice at Madras and Bombay respectively.
Passed on the 7th May 1852.
Preamble and Section I. Repealed by Act XIV. of 1870. Empowers Govern. II. It shall be lawful for the Governor in Council of the
ment to mitigate fires, &c, Presidency of Fort St. George at Madras to mitigate, or dis
charge all fines, amerciaments, forfeitures, and sums of money which may have been, or may hereafter be ordered, adjudged, set, imposed, or awarded by the said Supreme Court of Judicature at Fort St. George at Madras aforesaid, or by any other court of justice, or other person or persons there, having lawful authority to order, charge, adjudge, set, impose, or award fines, amerciaments, ransoms, forfeitures, penalties, or suins of money, for or by reason of any offences, misdemeanors, defaults, contempts, neglects or forfeitures whatsoever, as the Court of Exchequer in England, or the
Chancellor or Baron thereof, may or can lawfully do in As well as to award England. And the said Governor in Council may, by any portion of the fine. order, cause a share or proportion of any fine imposed, on
any person or persons for any delinquency or misdemeanor prosecuted to judgment, to be paid over to the prosecutor towards defraying his expenses occasioned thereby, as such Governor in Council shall think fit and expedient.
III. This section is omitted as it gives the above power to the Bombay Government.
A. D. 1854. ACT XXIV.
An Act to prohibit the possession of certain Offensive
Weapons in Malabar.
Passed on the 28th October 1854.
I*. The use of the ayudha cutty or war-knife, or of any Use of ayudha cutty
similar similar offensive weapon, is hereby prohibited throughout the
weapol probibited. district of Malabar ; and every person possessing a weapon of the description so designated, or any similar weapon, is Such weapons to be
surrendered by a . required to surrender it, on or before the date which shall
certain date. be appointed for the above provisions taking effect, and according to such orders as shall be published in that behalf by the magistrate. II. After such date, any person who shall be found in Fine for posesssing,
purchasing, selling, possession of an ayudha cutty, or war-knife, or of a similar
manufacturiog offensive weapon, or who shall purchase, or sell, or manufac
after certain date, ture, or cause to be manufactured,' any ayudba cutty or war-knife, or similar weapon, shall be liable, on conviction before a magistrate, to a fine not exceeding fifty rupees, or to imprisonment, with or without hard labor, for a period not exceeding six months, or to both; and the said warknife or weapon shall be confiscated,
III. It shall be lawful for the magistrate of Malabar to Magistrate may scarch cause search, to be made by his police officers, acting under for prohibited weahis warrant, in any house or other place in which any ayudba cutty or war-knife, or any similar offensive weapon, may be supposed to be, contrary to this Act; and any such ayudha cutty or war-knife, which shall be found, may be seized and confiscated. It shall also be competent to the magistrate, at his discretion, to delegate to any of his European assistants, the powers conferred by this section. Any person who shall resist or oppose such search or seizure, or forcibly withstand any police officer charged with such Penalty for resisting
search. warrant, shall be liable to the same penalties, as if such person had opposed or resisted the execution of a warrant for the search after stolen goods.
A. D. 1855. ACT XVIII.
An Act to remove doubts relating to the power to grant Pardons
Passed on the 6th June 1855.
So much of this section as requires the weapons being surrendered, repealed by Act XIV. of 1870,
Executive Governments in India to remit punishments
entitled “ An Act to provide for the Government of India.”) Executive Govern
I. The person or persons for the time being authorized ment of a presi. dency declared to to administer the Supreme Executive Government in any Lave power to grant pardons for offences presidency or place within the territories in the possession committed therein, and under the Government of the East India Company,
have power to grant pardons and reprieves in respect of any
crime or offence committed within such presidency or place, Or to remit punish- or to remit the whole or any part of the punishment awardment awarded by Supreme Court of ed in respect of any such crime or offence, whether the same Judicature or any be awarded by any of Her Majesty's Supreme Courts of other court, &Q, in respect of such Judicature or by any other court or officer exercising offences.
jurisdiction within the said territories.
provisions of the with the provisions contained in the statutes of the Iinpe.
limit the c. 77, or any other statute, which empower the Governor authority of Lieu. General of India in Council, with the sanction therein mentenant-Governors,
tioned, to limit the extent of the authority of the Lieute
nant-Governors and other persons therein named; and in
A. D. 1855, ACT XXIV.
An Act to substitute Penal Servitude for the punishment of
Transportation in respect of European and American
Passed on the 13th August 1855.
I. After the commencement of this Act, no European No European or Ame. or American shall be liable to be sentenced or ordered, by. tenced to transport
rican to be senany court within the territories in the possession and under ation. the government of the East India Company, to be transported. ' II. Any person who, but for the passing of this Act Terms of penal ser
vitude instead of would by any law now in force, or which may hereafter be
the present terms in force, in any part of the said territories, be liable to be of trausportation. sentenced or ordered, by any such court, to be transported, shall, if a European or American, be liable to be sentenced or ordered to be kept in penal servitude for such term as hereinafter mentioned.
The terms of penal servitude to be awarded by any sentence or order, instead of the term of transportation to which any such offender would, but for the passing of this Act, be liable, shall be as follows:
Instead of transportation for seven years, or for a term not exceeding seven years, penal servitude for the term of
Instead of any term of transportation exceeding seven years and not exceeding ten years, penal servitude for any term not less than four and not exceeding six years.
Instead of any term of transportation exceeding ten years and not exceeding fifteen years, penal servitude for any term not less than six and not exceeding eight years.
Instead of any term of transportation exceeding fifteen years, penal servitude for any term not less than six and not exceeding ten years.
Instead of transportation for the term of life, penal servitude for the term of life. And in every case where, at the discretion of the court, one of any two or more of the terms of transportation herein-before mentioned might have been awarded, the court shall have the like discretion to award one of the two or more terms of penal servitude herein before
mentioned, in relation to such terms of transportation. Discretion of Courts III. Provided always that nothing herein contained
as to alternative shall interfere with or affect the authority or discretion of
any court in respect of any punishment which such court
substituted for transportation by this Act. Effect of pardon
IV. If any offender sentenced by any court within the
extended to him, upon condition of his being kept in penal
V. to VII. Repealed by Act V. of 1871.
IX. to XII. Repealed by Act V. of 1871.
XIII. Nothing in this Act is intended to alter or affect provisions of certain the provisions of the 12 & 13 Victoria, chapter 43, or English statutes.
any Act of Parliament passed in the United Kingdom of