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I. To meet the expense of such an increase to the Levy of tax on boats

carrying goods, for police force established under the provisions of Act XIII,

maintenance of ad.. of 1856 as may be necessary for the purposes of this Act,

ditional police

force. the sum of three anpas shall be charged and taken by the owner of every boat employed to convey cargo or goods to or from any ship or vessel in the port of Madras, in addition to the hire payable under Act IV. of 1842.

II. No cargo or goods of any description shall be con- No cargo to be conveyed in any boat to or from any ship or vessel in the port be accompanied by of Madras unless accompained by an officer of the police a police officer. force, and it shall be the duty of the commissioner of police to provide every such boat with an officer of the police force for this purpose.

III. The owner of any boat, and the tindal and boat. Penalty. men for the time being employed in any boat in which any cargo or goods shall be conveyed to or from any ship or vessel in the port of Madras without having an officer of the said force on board of such boat, and every boat-owner, . tindal, and boatman who shall either binder any such officer from accompanying any such boat, or shall obstruct him in the performance of his duty when in any such boat, shiall, on conviction before a magistrate, be liable as follows: every boat-owner for the first offence to a penalty not exceeding fifty rupees, and for a second or any subsequent offence to a penalty not exceeding one hundred rupees; every tindal for the first offence to corporal punishment not exceeding twenty stripes of a rattan, and for a second or any subsequent offence to corporal punishment not exceeding twenty-five stripes of a rattan; and every boatman for the first offence to corporal punishment not exceeding fifteen stripes of a rattan, and for a second or any subsequent offence to corporal punishment not exceeding twenty stripes of a rattan.

IV. Every boat-owner shall on every Monday make to Owner, to furnish the commissioner of police, or to such other person as the

weekly to the Com

missioner of Police said commissioner of police shall appoint to receive the

returns of tripa

made daily by each. same, a return in writing, signed by such boat-owner, of the number of trips made by each of his boats on each day during the preceding week.

Penalty for neglecting V. Every boat-owner who shall neglect to make such

to make return, and return as in the next preceding section specified, shall, on return.

conviction before a magistrate, be liable for a first offence to a penalty not exceeding fifty rupees, and for a second or any subsequent offence to a penalty not exceeding one . hundred rupees; and every boat-owner who sball make a false return, shall be liable to a penalty not exceeding three hundred rupees, and to the forfeiture of all licences which

he may hold under the provisions of Act IV. of 1842. Realization of tax. VI. Every boat-owner shall on every Monday pay to

the said commissioner of police, or to such other person as the said commissioner of police may appoint to receive the same, the said sum of three anuas for every trip inade by any boat belonging to him, employed in conveying cargo or goods, according to the weekly return to be made by him as herein before directed ; and in default of such payment,

one or more of the boats of any boat-owner making such • default may be seized and sold by virtue of a warrant under

the hand and seal of a magistrate until the amount so due by such boat-owner, and the expenses of the sale, shall be realized; and such amount, when realized, shall be forth

with paid to the said commissioner of police. Monies received un. VII. All monies paid to or received by the said com

der this Act to be missioner of police under this Act shall be paid by him, at monthly paid into the General Trea" least once a month, into the general treasury of Fort Saint

George. Conviction be VIII. No conviction, order, or judgment of any magisquashed on merits only; form of con- trate under this Act shall be quashed for error of form or viction, &c.

procedure, but only on the merits ; and it shall not be necessary to state on the face of the conviction, order, or judgment, the evidence on which it proceeds; but the depositions taken, or a copy of them, shall be returned with the conviction, order, or judgment, in obedience to any writ of certiorari; and if no jurisdiction appears on the face of the conviction, order, or judginent, but the depositions taken supply that defect, the conviction, order, or judgment shall

be aided by what so appears in such depositions. Act not to apply to IX. None of the foregoing provisions of this Act shall boats conveying

be taken or deemed to extend or apply to any boat which

sury.

to

and

the

shall convey only mails or passengers with their baggage to

mails or passengers or from any ship or vessel in the Madras Roads.

with their baggage. X. From and after the passing of this Act it shall be powers of the Comlawful for the commissioner of police and the members of

missioner of Police

Police *the police force at Madras, to exercise, within the limits of

Force within the the port of Madras as defined under the provisions of Act

port of Madras. XXII. of 1855, all powers given to them respectively by . Act XIII. of 1856, or which may be lawfully exercised by constables within the local limits of the jurisdiction of the Supreme Court ; and all provisions of the last-mentioned Act applicable to the said commissioner and police force at Madras, shall apply to then respectively in the execution of the powers hereby given.

XI. Repealed by Act XIV. of 1870.

A. D. 1859. ACT XIII.

An Act to provide for the punishment of breaches of con-.

tract by Artificers, Workomen, and Laborers in certain

cases.

Passed on the 4th May 1859. Whereas much loss and inconvenience are sustained by Preamble manufacturers, tradesmen, and others in the several presideney towns of Calcutta, Madras, and Bombay, and other places, from fraudulent breach of contract on the part of artificers, workmen, and laborers who have received money in advance on account of work which they have contracted to perform; and whereas the remedy by suit in the civil courts for the recovery of damages is wholly insufficient, and it is just and proper that persons guilty of such fraudulent breach of contract should be subject to punishment; it is enacted as follows:

I. When any artificer, workman, or laborer, shall have If workman neglect to received from any master or employer resident or carrying perform work on

of h. on business in any presidency town, or in any station of

has received an ad.

vance of money, the Settlement of Prince of Wales' Island, Singapore, and complaint may be Malacca, or from any person acting on behalf of such master

made to the Ma

gistrate. or employer, an advance of money on account of any work

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which be shall have contracted to perform, or to get per-
formed by any other artificers, workmen, or laborers, if such
artificer, workman, or laborer shall wilfully and without
lawful or reasonable excuse neglect or refuse to perform or
get performed such work according to the terms of his con-.
tract, such master or employer or any such person as afore-
said, may complain to a magistrate of police, and the ma-
gistrate shall thereupon issue a summons or a warrant, as
he shall think proper, for bringing before him such artificer,

workman, or laborer, and shall hear and determine the case. Magistrate may order II. If it shall be proved to the satisfaction of the magis

repayment of ad-
vance or perform trate that such artificer, workinan, or laborer has received
anco of contract.

money in advance from the complainant on account of any
work, and has wilfully and without lawful or reasonable
excuse neglected or refused to perform or get performed the
same according to the terms of his contract, the magistrate
shall, at the option of the complainant, either order such
artificer, workman, or laborer to repay the money advanced
or such part thereof as may seem to the magistrate just and
proper,

or order him to perform or get performed such
work according to the terms of his contract; and if such

artificer, workman, or laborer shall fail to comply with Penalty If workman the said order, the magistrate may sentence him to be imfail to comply with prisoned with hard labor for a term not exceeding three

months, or if the order be for the repayment of a sum of
money, for a term not exceeding three months, or until
such sum of money shall be sooner repaid ; provided that
no such order for the repayment of any money shall, while
the same remains unsatisfied, deprive the complainant of
any civil remedy by action or otherwise which he might

have had but for this Act.
Magistrate may re III. When the magistrate shall order any artificer,

give security for workman, or laborer to perform or get performed any work
due performance of according to the terms of his contract, he may also at the

request of the complainant, require such artificer, workman,
or laborer to enter into a recognizance with sufficient secu-
rity for the due performance of the order; and in default
of his entering into such recognizance or furnishing such
security to the satisfaction of the magistrate, may sentence

order.

Act extends.

him to be imprisoned with hard labor for a period not exceeding three months.

IV, The word “contract," as used in this Act, shall ex- To what contracts the tend to all contracts and agreements whether by deed, or 'written or verbal, and whether such contract be for a term certain, or for specified work, or otherwise.

V. This Act may be extended by the Governor Gene- Act may be extended ral of India in Council, or by the executive government of

by Government, any presidency or place, to any place within the limits of their respective jurisdictions. In the event of this Act being so extended, the powers hereby vested in a magistrate of police shall be exercised by such officer or officers as shall be specially appointed by Government to exercise such powers.

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An Act to amend the Law relating to Offences declared to be punishable on conviction before a Magistrate.

Passed on the 25th July 1859. WHEREAS it is expedient to amend the law relating to Preamble. offences declared to be punishable on conviction before a magistrate ; it is enacted as follows :I. If any offence which by any Act of the Governor British subjects how

punishable for of. General in Council heretofore* or hereafter passed is declared

fences by law made to be punishable upon conviction by a magistrate, shall be punishable in the

Mofussil upon concommitted by a European British subject beyond the local viction by a Ma.

gistrate. limits of the jurisdiction of Her Majesty's Supreme Courts of Judicature, the offender, if not otherwise punishable, shall be liable, upon conviction before one of the said Supreme Courts of Judicature, to the punishment to which by such Act the offender is declared to be liable upon conviction before a magistrate.

II. If any offence which by any Act of the Governor When such offences General in Council heretofore* or hereafter passed is declared

are committed with.

in the local limits to be punishable upon conviction by a magistrate, shall be of the jurisdiction

of Her Majesty's committed by any person within the local limits of the

Courts. jurisdiction of any court of judicature established by Royal

See Act XXII. of 1870.

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