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XIV. Any sentence or order upon any person describing What to be deemed
proof that a person him as a European or American shall be deemed, for the
is a European or an purposes of this Act, to be conclusive of the fact that such American. person is a European or American within the meaning of this Act.
XV. The word “European," as used in this Act, shall be Construction of Act. understood to include any person usually designated a European British subject. Words in the singular number or the masculine gender shall be understood to include several persons as well as one person, and females as well as males, unless there be something in the context repugnant to such construction.
XVI. Repealed by Act XIV. of 1870.
A. D. 1856. ACT XI.
An Act for the better prevention of Desertion by European.
Soldiers from the Land Forces of Her Majesty in
Passed on the 11th April 1856. WHEREAS it is expedient to make better provision for Preamble. apprehending and detaining European deserters from the land forces in the service of Her Majesty and of the East India Company in India, and for punishing persons who aid and encourage such deserters ; it is enacted as follows: I. If it shall appear that any officer or soldier, being a Penalty on master in
certain cases it a deserter from the said forces, has been concealed on board any merchant vessel, and that the master or person in charge
ship. of such vessel for the time being, though ignorant of the fact of such concealment, might have known of the same but for some neglect of his duty as such master or person, or for the want of proper discipline on board his vessel, such master or person shall be liable to a fine not exceeding five hundred rupees. Provided always that no conviction for Proviso.
. such offence as is hereinafter described shall be lawful, unless the same shall be stated in the charge which the party is called upon to answer ; and in such charge, it shall be law
deserter be concealed on board his
Charge may be in the ful to state in the alternative, that the party has either
knowingly harboured or concealed a deserter on board his
serter to be so concealed, Jurisdiction.
II. Any person, whether a European British subject or not, who shall be guilty of an offence punishable under this Act, shall be punishable for the same by any justice of the peace for any of the presidency towns of Calcutta, Madras, and Bombay, or for any of the settlements of Prince of Wales' Island, Singapore, and Malacca, magistrate, joint magistrate, or person lawfully exercising the powers of a magistrate in any port within the territories of the East India Company within whose jurisdiction the offence may have been committed, or such person may have been apprehended or found, whether the offence shall have been committed within the local limits of the jurisdiction of such officer or not; and any person hereby made punishable by a justice
of the peace shall be punishable on summary conviction. Conviction to III. No conviction, order, or judgment of any justice of
quashed on merits
but only on the merits; and it shall not be necessary tv
wbat so appears in such depositions.
under Act No. XIV
justice of the peace, magistrate or other officer having autho-
notwithstanding that such offence may be also punishable Proviso.
under this Act. Provided that no proceedings shall have
V. Whenever, on information given on oath or solemn Commanding Officer
may issue warrants affirmation, where by law a solemn affirmation may be
for apprehension of used instead of an oath, to the commanding officer of any
deserters. fort, garrison, station, regiment, or detachment, at any port or place within the territories of the East India Company, in which no person lawfully exercising magisterial powers can be found, which oath or affirmation the several persons abovenamed shall severally under this Act have power to administer; or whenever, on such information as aforesaid given to any justice of the peace, magistrate, joint magistrate, or person lawfully exercising the powers of a magistrate, having jurisdiction within such port or place, there shall appear reason to suspect that any European officer or soldier belonging to the said forces, who may have deserted or be absent without leave, is on board any ship, vessel or boat, or is concealed on shore at any such port or place within the territories of the East India Company, it shall be lawful for such commanding officer or justice of the peace, magistrate, joint magistrate, or person lawfully. exercising the powers of a magistrate as aforesaid, to issue a warrant authorizing the person or persons to whom such warrant may be addressed, to enter into and search, at any time of the day or night, any such ship, vessel, or boat, or any house or place on shore, and to apprehend any such officer or soldier, and to detain him in custody in order to his being dealt with according to law.
VI. The warrant to be issued under the preceding Warrant to whom to section may be addressed to any European officer or soldier
be addressed, and
by whom to be of the said forces, or to all constables, peace officers, and
executed. other persons who may be bound to execute the warrant of any justice of the peace, magistrate, joint magistrate, or person lawfully exercising the powers of a magistrate, and acting in the execution of this Act; and all such persons shall be bound to execute, perform, and obey such warrant.
how to be dealt
VII. Every person who shall be apprehended under any persons apprehended warrant under the 5th Section of this Act, shall be brought
with, &c. without delay before a justice of the peace, magistrate,
joint magistrate, or persons lawfully exercising the powers
A. D 1857. ACT XI.
An Act for the Prevention, Trial, and Punishment of
offences against the State.
Passed on the 30th May 1857.
WHEREAS it is necessary to make due provision for the prevention, trial, and punishment of offences against the State; it is enacted as follows:
I. & II. Repealed by Act XVII. of 1862. Executive Govern. 1II. Clause 1.--- Whenever the Executive Government of
ment may issue a commission for the any presidency or place within the said territories shall trial of_persons proclaim that any district subject to its government is or charged with certain offences in any has been in a state of rebellion, it shall be lawful for such district i prostate of Government to issue a commission for the trial of all persons rebellion, who shall be charged with having committed, within such
district, after a day to be specified in the commission, any of the crimes mentioned in the preceding sections, or any other crime against the state, or murder, arson, robbery, or
other heinous crime against person or property. Court may be held in Clause 2.--The commissioner or commissioners authorizany part of the district.
ed by any such commission may hold a court in any part
of the said district mentioned in the commission, and may there try any person for any of the said crimes committed within any part thereof; it being the intention of this Act that the district mentioned in the commission, shall, for the • purpose of trial and punishment of any of the said offences, be deemed one district.
IV. It shall be lawful for the Executive Government, Government may vest
certain powers in by such commission, to direct that any court held under
the court. the commission sball have power, without the attendance or futwa of a law officer, or the assistance of assessors, to pass upon every person convicted before the court of any of the aforesaid crimes, any sentence warranted by law for such crime; and that the judgment of such court shall be final and conclusive; and that the said court shall not be subordinate to the sudder court.
V. If a commission be issued under the authority of Magistrate may comthis Act, any magistrate within the district wbich is de
mit persons for trial
before a court held scribed in the commission may commit persons charged with. tinder this Act. any of the aforesaid crimes within such district for trial before a court to be held under this Act.
. VI. Nothing in this Act shall extend to the trial or act not to apply to punishment of any of Her Majesty's natural born subjects jocts or their chilborn in Europe, or of the children of such subjects.
dren. VII. Whenever the Executive Government shall deem Government may is.
proclamation it necessary for the public safety, it shall be lawful for such
prohibiting the car. Government to declare, by proclamation, that from and
rying or possession
of arms in any disafter a day to be named therein, it shall not be lawful for trict. any person, or for any specified class of persons, to carry or have in their possession any arms or instruments used for warlike purposes, or any specified description of arms or instruments aforesaid, within any district mentioned in the proclamation. VIII. After the day named in the proclamation, whoever Penalty for unlawful
possession of arms, shall carry, or have in bis possession, any arms or other &c. such instrument as aforesaid contrary to the proclamation, shall be liable, on conviction before a magistrate, to a fine not exceeding fifty rupees, or to imprisonment for a period