« EelmineJätka »
carrying goods, for maintenance of ad.. ditional police force.
I. To meet the expense of such an increase to the Levy of tax on boats police force established under the provisions of Act XIII. of 1856 as may be necessary for the purposes of this Act, the sum of three annas 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 conveyed in any boat to or from any ship or vessel in the port of Madras unless accompained by an officer of the police 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.
No cargo to be conveyed, unless boat
be accompanied by a police officer.
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 hinder any such officer from accompanying any such boat, or shall obstruct him in the performance of his duty when in any such boat, shall, 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 the commissioner of police, or to such other person as the said commissioner of police shall appoint to receive the 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.
furnish weekly to the Commissioner of Police returns of trips made daily by each,
Penalty for neglecting to make return, and
for making false
Realization of tax.
Monies received un
der this Act to be
monthly paid into the General Trea
Conviction to be quashed on merits only; form of conviction, &c.
Act not to apply to boats conveying
V. Every boat-owner who shall neglect to make such return as in the next preceding section specified, shall, on 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 shall 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.
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 annas for every trip made by any boat belonging to him, employed in conveying cargo or goods, according to the weekly return to be made by him as hereinbefore 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 forthwith paid to the said commissioner of police.
VII. All monies paid to or received by the said commissioner of police under this Act shall be paid by him, at least once a month, into the general treasury of Fort Saint George.
VIII. No conviction, order, or judgment of any magistrate under this Act shall be quashed for error of form or 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 judgment, but the depositions taken supply that defect, the conviction, order, or judgment shall be aided by what so appears in such depositions.
IX. None of the foregoing provisions of this Act shall be taken or deemed to extend or apply to any boat which
shall convey only mails or passengers with their baggage to or from any ship or vessel in the Madras Roads.
missioner of Police and the Police Force within the port of Madras.
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 *the police force at Madras, to exercise, within the limits of the port of Madras as defined under the provisions of Act 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 them 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, Workmen, and Laborers in certain
mails or passengers with their baggage.
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 received from any master or employer resident or carrying on business in any presidency town, or in any station of the Settlement of Prince of Wales' Island, Singapore, and Malacca, or from any person acting on behalf of such master or employer, an advance of money on account of any work
If workman neglect to perform work on
account of which he has received an advance of money, complaint may be made to the Magistrate.
which be shall have contracted to perform, or to get per-
Magistrate may order
II. If it shall be proved to the satisfaction of the magisvance or perform- trate that such artificer, workınan, or laborer has received
repayment of ad
ance 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 reworkman to
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,
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 by Government, ral of India in Council, or by the executive government of 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.
A. D. 1859. ACT XVIII.
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:
British subjects how punishable for of fences by law made punishable in the Mofussil upon conviction by a Ma. gistrate.
I. If any offence which by any Act of the Governor General in Council heretofore* or hereafter passed is declared to be punishable upon conviction by a magistrate, shall be committed by a European British subject beyond the local 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 to be punishable upon conviction by a magistrate, shall be committed by any person within the local limits of the jurisdiction of any court of judicature established by Royal
are committed within the local limits of the jurisdiction of Her Majesty's Courts.
See Act XXII. of 1870.