Empowers Government to mitigate

fines, &c,

A. D. 1852. ACT XXIII.

To authorize and empower the Governors in Council of the
respective Presidencies of Madras and Bombay to miti-
gate 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Preamble and Section I. Repealed by Act XIV.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.

II. It shall be lawful for the Governor in Council of the
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 sums 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
prosecutor a pros
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.

WHEREAS it is expedient to prohibit the possession of cer-
tain offensive weapons in the District of Malabar in the
Presidency of Fort St. George; it is enacted as follow:-

1

or any similar weapol prohibited.

Such weapons to be surrendered by a certain date.

I*. The use of the ayudha cutty or war-knife, or of any Use of ayudha cutty similar offensive weapon, is hereby prohibited throughout the district of Malabar; and every person possessing a weapon of the description so designated, or any similar weapon, is required to surrender it, on or before the date which shall 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 possession of an ayudha cutty, or war-knife, or of a similar offensive weapon, or who shall purchase, or sell, or manufacture, or cause to be manufactured,' any ayudha 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,

such

III. It shall be lawful for the magistrate of Malabar to cause search, to be made by his police officers, acting under. his warrant, in any house or other place in which any ayudha cutty or war-knife, or any similar offensive weapon, and any may be supposed to be, contrary to this Act; 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,

Fine for posesssing, purchasing, selling, or manufacturing after certain date,

Magistrate may search for prohibited weapons.

search.

or forcibly withstand any police officer charged with such Penalty for resisting 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 and Reprieves and Remissions of Punishment in India.

Passed on the 6th June 1855.

WHEREAS doubts have arisen as to the power of the several Preamble.

* So much of this section as requires the weapons being surrendered, repealed by Act XIV. of 1870.

Govern

Executive Governments in India to remit punishments awarded by Her Majesty's Supreme Courts of Judicature, and it is desirable that all doubts respecting the power to pardon or reprieve or grant remissions of punishment should be removed; it is declared and enacted as follows: (The sanction of Her Majesty to the passing of this Act having been previously obtained and signified in pursuance of an Act passed in the 17th year of the reign of Her said Majesty, entitled "An Act to provide for the Government of India.")

Executive I. The person or persons for the time being authorized ment of a presidency declared to to administer the Supreme Executive Government in any have 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 awardSupreme 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 in respect of such Judicature or by any other court or officer exercising jurisdiction within the said territories.

other court, &a,

offences.

Act not to affect the

statutes empower.

&c.

II. Nothing in this Act shall be construed to interfere provisions of the with the provisions contained in the statutes of the Impe ing the Governor rial Parliament 16 and 17 Vic. c. 95, and 17 and 18 Vic. General in Council to 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 Lieutenant-Governors and other persons therein named; and in The power of granting every such case, the aforesaid power of granting pardons be exercised by the and reprieves and remissions of punishment in case, and so in Council, so far far as the same may be excepted from the authority of the as it is excepted said Lieutenant-Governors or other persons, may be exercisfrom the authority of Lieutenant-Go- ed by the Governor General of India in Council.

pardons, &c., may

Governor General

vernors, &c.

Act not to interfere III. Nothing in this Act shall be construed to interfere with the prero

gative of the Crown with the undoubted right of Her Majesty to grant parto grant pardons. dons or reprieves or remissions of punishment in any of the

cases above-mentioned.

A. D. 1855, ACT XXIV.

AN ACT to substitute Penal Servitude for the punishment of
Transportation in respect of European and American
Convicts, and to amend the Law relating to the removal
of such convicts.

Passed on the 13th August 1855.

WHEREAS, by reason of the difficulty of providing a place Preamble.
to which European or Americans can, with safety to their
health, be sent for the purpose of undergoing sentence of
transportation or of imprisonment for long terms, it has
become expedient to substitute other punishment for that
of transportation, and to amend the law relating to the
removal of European and American convicts for the pur-
pose of imprisonment; it is enacted as follows:-

I. After the commencement of this Act, no European or American shall be liable to be sentenced or ordered, by. any court within the territories in the possession and under the government of the East India Company, to be transported.

No European or Ame. rican to be sen

tenced to transport

ation.

vitude instead of the present terms of transportation.

'II. Any person who, but for the passing of this Act Terms of penal serwould by any law now in force, or which may hereafter be in force, in any part of the said territories, be liable to be 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 four years.

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.

Discretion of Courts

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.

III. Provided always that nothing herein contained to alternative shall interfere with or affect the authority or discretion of punishments not to be affected. any court in respect of any punishment which such court may now award or pass on any offender other than transportation; but where such other punishment may be awarded at the discretion of the court instead of transportation or in addition thereto, the same may be awarded instead of, or (as the case may be) in addition to, the punishment substituted for transportation by this Act.

Effect of pardon granted upon condition of penal servitude.

Act not to affect the

English statutes.

IV. If any offender sentenced by any court within the said territories to the punishment of death shall have mercy extended to him, upon condition of his being kept in penal servitude for life, or for any term of years, all the provisions of this Act shall be applicable to such offender in the same manner as if he had been lawfully sentenced under this Act to the term of penal servitude specified in the condition.

V. to VII. Repealed by Act V. of 1871.
VIII. Repealed by Act XII. of 1867.

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 any Act of Parliament passed in the United Kingdom of Great Britain and Ireland since the 28th August 1833, or which may hereafter be passed.