Page images
PDF
EPUB

Provided that no such person shall be kept in prison for a Term of imprison

ment. longer period than that for which the security has been required from him.

Imprisonment under this section may be rigorous or simple, as the court or magistrate in each case directs. DXI. The magistrate of the district may, at any time, Rolease of prisoners

under requisitiou exercise his discretion in releasing, without reference to any of security. other authority, any prisoner confined under requisition of security for good behaviour, whether by his own order, or that of his predecessor in office, or by the order of any officer subordinate to him, provided he is of opinion that such person can be released without hazard to the community. DXII. Whenever the magistrate of the district is of Report in case of

prisoner under reopinion that any person confined under requisition of

quisition of sesecurity for good behaviour by order of a court of session,

curity by order of

court of session. can be safely released without such security, such magistrate shall make an immediate report of the case for the orders of such court of session.

DXIII. A surety for the good behaviour of a person may Discharge of surety, at any time apply to a competent magistrate to be relieved from his engagement as such surety;

On such application being mode, such magistrate shall issue his summons or warrant in order that such person may appear or be brought before him.

On the appearance of such person 'pursuant to such summons or warrant, or on his voluntary surrender, such magistrate shall direct the engagement of the surety to be cancelled, and shall call upon the person so appearing or surrendering to give fresh security, and, in default thereof, shall commit him to custody. DXIV. Whenever a competent magistrate is of opinion Recovery of penalty

from sureties. that, by reason of an offence proved to have been committed by a person, for whose good behaviour security has been given, subsequent to his having given such security, proceedings should be had upon the bond executed by the surety; such magistrate shall give notice to the surety to pay the penalty, or to show cause why it should not be paid.

If such penalty be not paid and no sufficient cause for nonpayment be shown, such magistrate shall proceed to recover the penalty from such surety by issuing a warrant for the attachment and sale of any movable property belonging to him. Such warrant may be executed within the jurisdiction of the magistrate of the district in which it is issued; and it shall authorize the distress and sale of any movable property belonging to such surety, without the jurisdiction of the said magistrate, when endorsed by the magistrate of the district in which euch property is situated.

If such penalty be not paid, and cannot be recovered by sucb attachment and sale, the surety shall be liable to imprisonment by order of such magistrate in the civil jail for a period not exceeding six months.

DXV. The provisions.of Sections 492 and 494, relating to the issue of summons and warrant of arrest for securing the personal attendance of the party informed against, when such party is not in custody, shall apply to proceedings taken under this chapter against persons required to give security for their good behaviour.

Proceedings may be taken under this chapter against persons amenable to its provisions, in any district where they

Issue of gummons and

warrant of arrest.

Place where proceed.

ings may be held.

may be.

Manner of taking evi. Any evidence taken under Chapter XXXVII. or this

dence under Chapter XXXVII, or chapter, shall be taken as in cases usually heard by a magis.

this chapter. trate upon summons. Previous convictions

Any previous conviction against the person to be bound may be proved.

may be proved on proceedings held under this chapter. Sureties may be reject DXVI. A magistrate may refuse to accept any surety ed on the ground of offered under this chapter on the ground that such surety is .

an unfit person. Chapter pot applicable DXVII. The provisions of this chapter shall not apply to

to European British subjects.

European British subjects.

CHAPTER XXXIX.- Local Nuisances. Magistrate may issue orders to prevent

DXVIII. A magistrate of the district, or a magistrate of obstructions, danger a division of a district, or any magistrate specially empowerto human life, or riots.

ed may, by a written order, direct any person to abstain I

[ocr errors]

from a certain act, or to take certain order with certain property in his possession, or under his managenient, whenever such magistrate considers that such direction is likely to prevent, or tends to prevent,

obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed,

or danger to human life, health, or safety, or a riot or an affray.

EXPLANATION I.-This section is intended to provide for cases where a speedy remedy is desirable and where the delay, which would be occasioned by a resort to the procedure contained in Section 521 and the next following sections, would, in the opinion of the magistrate, occasion a greater evil than that suffered by the person upon whom the order was made, or would defeat the intention of this chapter.

EXPLANATION II.-An order may, in cases of emergency or in the cases where the circumstances do not admit of the serving of notice, be passed exc parte, and may in all cases be made upon such information as satisfies the magistrate.

EXPLANATION III.--An order may be directed to a particular individual, or to the public generally when frequenting or visiting ą, particular place.

EXPLANATION IV.-Any magistrate may recall or alter any order made under this section by himself or by his predecessor in the same office,

DXIX. A magistrate of the district, or a magistrate of Magistrate may pro

hibit repetition or a division of a district, or.any magistrate specially empower continuance of pub

lic nuisances. ed, may enjoin any person not to repeat or continue a public nuisance, as defined in Section 268 of the Indian Penal Code, or under any local or special law. DXX. Orders made under Sections 518 and 519 are not Orders not judicial

proceedings judicial proceedings. DXXI. Whenever a magistrate of the district or a magis- Magistrate may order

remoral of nuis trate of a division of a district, or, when empowered by the local Government in this behalf, a magistrate of the first class, considers that any unlawful obstruction or nuisance should be removed from any thoroughfare or public place,

sances,

or that any trade or occupation, by reason of its being injurious to the health or comfort of the community, should be suppressed or should be removed to a different place,

or that the construction of any building, or the disposal of any combustible substance, as likely to occasion conflagration, should be prevented,

or that any building is in such a state of weakness that it is likely to fall, and thereby cause injury to persons passing by, and that its removal in consequence is necessary,

or that any tank or well adjacent to any public thoroughfare should be fenced in such a manner as to prevent danger arising to the public

such magistrate may issue an order to the person causing such obstruction or nuisance, or carrying on such trade or occupation, or being the owner or in possession of, or having control over such building, substance, tank, or well as aforesaid, calling on him, within a time to be fixed in the order,

to remove such obstruction or nuisance,.
or to suppress or remove such trade or occupation,
or to stop the construction of such building,
or to remove it,
or to alter the disposal of such substance, •
or to fence such tank or well, as the case may be,

or to appear before himself or some other magistrate of the first or second class within the time mentioned in the order, and show cause why such order should not be enforced.

The issue of an order under this section shall be a judicial proceeding whether or not evidence is taken therein.

Such order may be issued on a report or other information which the magistrate believes, and shall direct the person to whom it is addressed either to obey it or to show cause wby it should not be obeyed. The order shall not be made absolute, except as is hereinafter provided, until opportunity has been given to the person affected to show cause.

• EXPLANATION.-A. "public place” includes property belonging to the state, camping grounds, and grounds left unoccupied for sanitary and recreative purposes.

Order to be a judicial

proceeding

Order to be in the

alternative,

DXXII. The order mertioned in Section 521 shall, if Service or notification

of order. practicable, be served personally on the person to whom it is issued.

But if personal service is found to be impracticable, such order shall be notified by proclamation, and a written notice thereof shall be stuck up at such place or places as may be best adapted for conveying the information to such person.

DXXIII. The person to whom such order is issued, shall Person ordered shall be bound, within the time specified in the order, to obey the

obey or may claim

a jury. same; or to appear before the magistrate before whom he was required by the order to appear and show cause as foresaid ; or he may apply to such magistrate for an order for a jury to be appointed to try whether such order is reasonable

and proper.

On receiving such application, such magistrate shall forth- Constitution of jury. with appoint a jury consisting of an uneven number of persons not less than five, of whom the foreman and one-half of the remaining menabers shall be nominated by such magistrate, and the other members by the applicant.

The execution of the order shall be suspended pending Suspension of order, such inquiry, and the magistrate who issued the order or before whorn the applicant appears skáll be guided by the decision of the jury, which shall be according to the opinion of the majority. If the applicant by neglect or otherwise prevents, or if he When order may be

made absolute. does not claim the appointment of a jury, or if from any cause the jury so appointed do not decide and report within a reasonable time, the magistate may pass such order as he thinks proper, which order shall be carried out in the manner hereinafter provided. The time within which the report is to be made shall be Report of•jury and

order thereon. fixed by the magistrate in the order for the appointment of the jury, and may from time to time be extended by him. When the jury have made their report, the order of the magistrate must be founded thereon, except in cases falling un-der Section 528.

« EelmineJätka »