or to execute any warrant issued under Act XIII of 1859; but every such process shall be entrusted to peons specially appointed for that purpose.

a fee of one rupee for service of pro

cess.

II. Whenever any complaint is made of a breach of Complainant to pay contract cognizable under Act XIII of 1859, and before any process is issued in respect thereof, it shall be lawful for the magistrate to whom the complaint is made, to demand and require from the complainant a sum not exceeding one rupee for each person on whom any such process is to be served; and such money shall be applied in payment of the peons employed for the purposes for the said Act.

III. Whenever a judgment is given against a defendant under Act XIII of 1859, it shall be lawful for the magistrate, in addition to any penalty which he may inflict under. the said Act, to impose a fine not exceeding one rupee; and such fine shall be recoverable in the manner provided by the said Act, and shall, when recovered, be paid over to the complainant.

Defendant may be compelled to re-pay this fee to the complainant.

may

make rules for certain purposes.

IV. It shall be lawful for the Government of Fort Saint Government George from time to time to make rules for the following purposes, and to alter and revoke the same :

1. With reference to the number of peons to be employed under this Act; the terms upon which they are to be retained; and the rate of their remuneration.

2. With regard to the custody and disposal of the sums received from complainants under Section II of this Act, and the mode of accounting for the same..

V. The word magistrate' in this Act shall be taken to mean every functionary. by whom offences under Act XIII of 1859 are cognizable.

Meaning of word "magistrate."

VI. This Act shall be taken and read as part of Act XIII Act to be read with of 1859.

Act XIII of 1859.

VII. This Act shall come into operation on the first day Date of operation. of August 1863.

Preamble.

A. D. 1865. ACT III.

AN ACT to make better provision for the punishment of
Offences against Special and Local Laws.

Passed on the 4th March 1865.

WHEREAS it is expedient to give magistrates in the Madras Presidency jurisdiction to the extent to their ordinary powers in respect of offences created by Special and Local Laws in the said Presidency; it is enacted as follows:

Magistrates to have I. Every magistrate within the Madras presidency shall jurisdiction over offences created by be authorized to take cognizance of any offence committed special or local within his local jurisdiction, against any special or local laws to the extent

of their ordinary laws now in force in the said presidency, notwithstanding

powers.

Operation of the Act.

any provision to the contrary in any Act or Regulation now existing; and also of any offence against any special or local law which may hereafter be passed, unless such law shall make the offences to which it refers punishable by some other authorities therein specially mentioned. Provided always that every such magistrate shall be restrained within the limits of his ordinary jurisdiction as to the amount of punishment which he may inflict.

II. This Act shall come into effect from such date as the Governor in Council may notify in the Fort Saint George Gazette; and it shall also be lawful for the Governor in Council from time to time,by a similar notification, to exclude any particular law, either generally, or in any special locality, from the operation of this Act.

Preamble.

A, D. 1865. ACT V.

AN ACT to amend Act XXIV of 1859.

Passed on the 28th April 1865.

WHEREAS it is expedient to amend Act XXIV of 1859 by giving power to any magistrate in any case in which he shall impose a fine under that Act, and, where such fine shall not be forthwith paid, to apprehend and to detain or

to take security for the appearance of any offender so fined and not forthwith paying his fine until a return can be made to the magistrate's warrant of distress; and whereas it is also expedient to lay down, with respect to offenders who are and who are not British subjects respectively, the course of procedure to be followed when no sufficient distress can be had; it is hereby enacted :

ties in case of nonpayment thereof may be levied by distress and sale.

I. All forfeitures or penalties imposed under the Forfeitures or pénalauthority of Act XXIV of 1859 for offences punishable by a magistrate, may, in case of non-payment thereof, be levied by distress and sale of the property of the offender within the limits of jurisdiction of the magistrate of the district, by warrant under the hand of the magistrate who made the order.

II. In case any fine, forfeiture or penalty shall not be forthwith paid, the magistrate may order the offender to be apprehended and detained in safe custody until the return can be conveniently made to the warrant of distress, unless the offender shall give security to the satisfaction of the magistrate for his appearance at such place and time as shall be appointed for the return of the warrant of distress.

to

Offender may be de-
tained in custody
or compelled
give security, if
fine, &c., be not
forthwith paid.

tress can be had,
or there be not
sufficient property
whereupon the fine..
&c. can be levied,
the offender, if not
a European British
subject, may be
imprisoned.

III. If upon the return of such warrant it shall appear If no sufficient dis that no sufficient distress can be, had whereon to levy such fine, and the same shall not be forthwith paid, or in case it shall appear to the satisfaction of the magistrate, by the confession of the offender or otherwise, that he has not sufficient property whereupon such fine or sum of money could be levied if a warrant of distress were issued, the magistrate may by warrant under his hand, commit the offender, provided he is not a European British subject, to prison, there to be imprisoned, according to the discretion of the magistrate, for any term not exceeding two calendar. months when the amount of fine shall not exceed fifty rupees, and for any term not exceeding four calendar months when the amount shall not exceed one hundred rupees, and for any term not exceeding six calendar months in any other case, the commitment to be determinable in each of the cases aforesaid on payment of the amount.

540

If offender be a IV. If the offender be a European British subject, the European British

subject, facts to be magistrate shall record the facts and transmit such record recorded, and re- to the civil court of the district wherein the offender is cord transmitted to civil court. convicted, and the amount of the fine and costs (if any) shall be levied in the manner provided for the execution of decrees of the civil court.

Act to be construed with Act XXIV of 1859.

V. This Act shall be read with, and be taken to be part of Act XXIV of 1859.

Preamble.

Madras Act No. IV. of 1865 repealed.

A. D. 1866, ACT I.

AN ACT to repeal Madras Act No. IV of 1865, and to make provision for the Administration of Military Cantonments in the Presidency of Fort Saint George.

Passed on the 31st January 1866.

WHEREAS in Madras Act IV of 1865 (An Act to make provision for the administration of Military Cantonments in the Presidency of Fort Saint George), reference is made to Act XLII of 1860, and it is enacted that the courts of small causes, the establishment whereof is therein provided for, shall be deemed to be established under the provisions of the said Act XLII of 1860; and whereas the said Act XLII of 1860 had been repealed by Act XI of 1865 (An Act to consolidate and amend the law relating to Courts of Small Carises beyond the local limits of the ordinary original Civil jurisdiction of the High Courts of Judicature) before the aforesaid Act IV of 1865 had received the assent of the Viceroy and Governor-General; and whereas it is expedi ent to repeal the said Act IV of 1865 and to substitute an Act in lieu thereof, for regulating the administration of civil and criminal justice and the superintendence of police and conservancy, for protecting the public health within the limits of military cantonments in the presidency of Fort Saint George, and for laying down local rules and regulations to be enforced within such limits; it is enacted as follows:

I. Madras Act No. IV of 1865, is hereby repealed,

II. The following words and expressions in this Act shall Interpretation. have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say:

The word "section" denotes a section of this Act.

Section.

Words importing the singular number include the plural Number. number, and words importing the plural number include the singular number.

Words importing the masculine gender include females. Gender.

of a cantonment magistrate,

III. When any person shall be invested by the Govern- Criminal jurisdiction ment, under the provisions of Section 23 of the Code of Criminal Procedure, with the powers of a magistrate within the limits of any military cantonment, such person shall be styled the cantonment magistrate, and within the limits of such cantonment shall, subject to the control of the magistrate of the district in which such cantonment is situate, exercise the powers of a magistrate as defined in the said code, for the purpose of disposing of all cases arising within such cantonment which the magistrate of the district might dispose of, and for the commitment for trial before the court of session of the district or place in which such cantonment. is situated, of any person charged with any offence triable before the court of session, or for which the person charged shall appear to deserve a more severe sentence than a magistrate is competent, under the said Code of Criminal Procedure, to award.

IV. The cantonment magistrate shall be considered a magistrate in charge of a division of a district within the meaning, and for the purposes of the Code of Criminal Procedure.

Cantonment magis

trate to be deemed a magistrate in charge of a division of a district.

magistrate.

V. When any person shall be invested by the Government, Assistant cantonment under the provisions of Section 23 of the Code of Criminal Procedure, with the powers of a subordinate magistrate of the first or second class within the limits of any military cantonment, such person shall be styled the assistant cantonment magistrate, and shall be subject to the rules laid down for subordinate magistrates in the said code.