Attendance of jury.

Procedure in case of

disobedience

ordered.

or

DXXIV. Such magistrate may summon so many jurors as may be necessary, and such persons shall be bound to attend and make their inquiry and report.

Any juror failing to attend, or neglecting his duty as a juror, shall be liable to be dealt with under Section 174 of the Indian Penal Code.

DXXV. If the person to whom the order mentioned in neglect by person Section 521 is issued, appears to show cause against the same, as hereinafter provided, the magistrate shall take evidence in the matter, but if he does not appear or does not obey the order,

or apply for a jury within the time specified in such order, he shall be liable to the penalty prescribed in that behalf in Section 188 of the Indian Penal Code;

and the magistrate who issued such order may proceed to carry it into execution at the expense of such person, and may realize such expenses, either by the sale of any building, goods, or other property removed by his order, or by the distress and sale of such movable property of such person within or without his jurisdiction. If such property is without his jurisdiction, the order shall authorize its attachment and sale when endorsed by the magistrate in whose jurisdic tion the goods are attached

No suit shall lie in respect of anything necessarily or reasonably done in carrying out the provisions of this section.

DXXVI. If, in a case referred to a jury, the jury find that the order of the magistrate is reasonable and proper, as originally made, or subject to a modification which the magistrate accepts, the magistrate who issued the order, or before whom cause was shown, shall give notice of such finding to the person to whom the order was issued, and shall add to such notice an order to

obey the aforesaid order within a

time to be fixed in the notice, and an intimation that, in case of disobedience, such person will be liable to the penalty provided by Section 188 of the Indian Penal Code.

If such latter order is not obeyed, the magistrate may proceed as in Section 525.

son ordered satis

DXXVII. If the person to whom the order of the Procedure where permagistrate under Section 421 is issued, appears and shows fies magistrate that cause against it, so as to satisfy the magistrate who issued it that it is not reasonable and proper, no further proceedings shall be taken in the case.

order is not reasonable.

DXXVIII. If the magistrate who issued the order con- Injunction pending siders that immediate measures are necessary to be taken inquiry by jury. to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person to whom the order under Section 521 was issued, as is required to obviate or prevent such danger or inquiry, whether a jury is to be, or has been appointed, or not.

In default of such person forthwith taking all necessary measures ordered to be taken by such injunction, the magistrate may himself use or cause to be used such means as may be necessary to obviate such danger or to prevent such injury.

No suit shall lie in respect of anything necessarily or reasonably done for that purpose.

of certain statutory provisions.

DXXIX. Nothing in this chapter shall interfere with the Saving provisions of Section 48 of Act No. XXIV. of 1859 (for the better regulation of the Police within the Territories subject to the Presidency of Fort St. Georg, or of Section 34 of Act No. V. of 1861 (for the regulation of Police), or of Section 16 of Act No. VIII. of 1867 (for the regulation of the District Police in the Presidency of Bombay), of the Governor of Bombay in Council.

CHAPTER XL.-Possession.

DXXX. Whenever the magistrate of the district, or a magistrate of a division of a district, or a magistrate of the first class, is satisfied that a dispute, likely to induce a breach of the peace, exists concerning any land, or the boundaries of any land, or concerning any houses, water, fisherries, crops or other produce of land, within the limit of his jurisdiction,

such magistrate shall record a proceeding stating the grounds of his being so satisfied, and shall call on all parties concerned in such dispute to attend his court in person, or

Magistrate how to proceed if any dispute concerning land, &c. is likely to cause breach of the peace.

by agent, within a time to be fixed by such magistrate, and to give in a written statement of their respective claims, as respects the fact of actual possession of the subject of dispute.

Such magistrate shall, without reference to the merits of the claims of any party to a right of possession, proceed to inquire and decide which party is in possession of the subject of dispute.

After satisfying himself upon that point, he shall issue an order declaring the party or parties to be entitled to retain possession until ousted by due course of law, and forbidding all disturbance of possession until such time.

EXPLANATION.-Such magistrate may satisfy himself of the existence of a dispute likely to induce a breach of the peace from a report or other information; but the question of possession must be decided on evidence taken before him.

DXXXI. If such magistrate decides that neither of the parties is in possession, or is unable to satisfy himself as to which person is in possession of the subject of dispute, he may attach it, until a competent civil court shall have determined the rights of the parties, or who ought to be in posses

sion.

DXXXII. If a dispute arise concerning the right of use of any land or water, or any right of way, such magistrate, within whose jurisdiction the subject of dispute lies, may inquire into the matter; and if it appears to him that the subject of dispute is open to the use of the public, or of any person, or of any class of persons, such magistrate may order that possession thereof shall not be taken or retained by any one to the exclusion of the public, or of such person or of such class of persons, as the case may be, until the person claiming such possession shall obtain the decision of a competent civil court adjudging him to be entitled to such exclusive possession.

Provided that such magistrate shall not pass any such order if the matter be such that the right of use is capable of being exercised at all times of the year, unless such right has been ordinarily exercised within three months from the

date of the institution of the inquiry; or, in cases where the right of use exists at particular seasons, unless such right has been exercised during the last of such seasons before the complaint.

DXXXIII. Whenever a local inquiry is necessary for the purposes of this chapter, any magistrate of the first class may depute any magistrate subordinate to him to make the inquiry, and may furnish him with such instructions. consistent with the law for the time being in force, as may seem necessary for his guidance, and may declare by whom the whole or any part of the recessary expenses of the inquiry shall be paid.

DXXXIV. Whenever, in any criminal court, a person is convicted of an offence attended with criminal force, and it appears to such court that by such criminal force any person has been dispossessed of any immovable property, the court may order such person to be restored to possession.

No such order shall prejudice any right over such immovable property which any person may be able to show in a civil suit.

Local inquiry to determine boundary dispute.

Fower to restore pos

session of immovable property.

collectors revenue courts.

and

DXXXV. Nothing in this chapter shall affect the pow- Saving of powers of ers of a collector, or a person exercising the powers of a collector or of a revenue court.

CHAPTER XLI.-Of the maintenance of Wives and

Families.

ance of wives and children

DXXXVI. If any person, having sufficient means, neg- Order for maintenlects or refuses to maintain his wife, or legitimate or illegitimate child unable to maintain himself, the magistrate of the district, or a magistrate of a division of a district, or a magistrate of the first class, may, upon due proof thereof by evidence, order such person to make a monthly allowance for the maintenance of his wife or such child at such monthly rate, not exceeding 50 rupees in the whole, as to such magistrate seems reasonable.

Such allowance shall be payable from the date of the order:

If such person wilfully neglects to comply with this order, Enforcement of order. such magistrate may, for every breach of the order, by

Proviso.

Alteration in allowance.

Enforcement of order,

warrant, direct the amount due to be levied in the manner provide for levying fines, and may order such person to be imprisoned with or without hard labour for any term not exceeding one month for each month's allowance remaining unpaid :

Provided that, if such person offers to maintain his wife on condition of her living with him, and his wife refuses to live with him, such magistrate may consider any grounds of refusal stated by such wife, and may make the order allowed by this section notwithstanding such offer, if he is satisfied that such person is living in adultery, or that he has habitually treated his wife with cruelty.

No wife shall be entitled to receive an allowance from her husband under this section, if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by consent.

DXXXVII. On the application of any person receiving or ordered to pay a monthly allowance under the provisions of Section 536, and on proof of a change in the circumstances of such person, his wife, or child, the magistrate may make such alteration in the allowance ordered as he deems fit, provided the total sum of rupees 50 a month be not exceeded.

DXXXVIII. A copy of the order of maintenance shall be given to the person for whose maintenance it is made, or to the guardian of such person, and shall be enforceable by any magistrate in any place where the person to whom the order is addressed may be, on the magistrate being satisfied as to the indentity of the parties and the non-payment of the sum claimed.

Procedure in miscel

laneous criminal

PART XII.

MISCELLANEOUS PROVISIONS.

CHAPTER XLII.—Miscellaneous.

DXXXIX. The procedure prescribed by this Act shall

cases and proceed- be followed, so far as it can be, in all miscellaneous criminal

ings.

cases and proceedings which are instituted in any court.