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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Preamble and Section I. Repealed by Act XIV.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.
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:-

or

any

or

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
and Reprieres 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,

T

14

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 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.
Act not to affect the II. Nothing in this Act shall be construed to interfere

provisions of the with the provisions contained in the statutes of the Iinpe.
statutes empower.
ing the Governor rial Parliament 16 and 17 Vic. c. 95, and 17 and 18 Vic.
General in Council

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
The power of granting overy 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 exercis-
from the authority
of Lieutenant-Go- ed by the Governor General of India in Council.
vernors, &
Act not to interfere III. Nothing in this Act shall be construed to interfere

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

cases above-mentioned.

to

&c.

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
tracsportation 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 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

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.

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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
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 trans-
portation ; but where such other punishment may be award-
ed 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

IV. If any offender sentenced by any court within the
granted upon con- said territories to the punishment of death shall have mercy
dition of penal ser-
vitude.

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.
Act not to affect the

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
Great Britain and Ireland since the 28th August 1833, or
which may hereafter be passed.

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