Page images
PDF
EPUB

Punishment

for

breaches of stand.

special duties.

VI. All public followers attached to, or serving with ing orders or of any part of the army, and receiving public pay drawn by an officer in charge of any department appertaining to the army,' and all artificers and labourers belonging to the army or military arsenals, or to the commissariat or medical department, shall be liable to be tried by the cantonment magistrate or by the assistant cantonment magistrate for all breaches of standing orders, or of their respective duties, and shall be punished with imprisonment of either description as defined by the Indian Penal Code, not exceeding one month, or with fine not exceeding one hundred rupees, or with lashes not exceeding fifty with a cat-o'-nine tails, or shall be liable to any two of the above punishments.

Small cause

court may be established

in cantonments.

Act XI of 1865 to apply to all such courts.

Act III of 1859 and
Act XI of 1841

VII. The Government may, within the limits of any military cantonment, establish a court of small causes for the trial of suits of the nature described in Section 6 of Act XI of 1865, (An Act to consolidate and amend the law relating to Courts of Small Causes beyond the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature), and the cantonment magistrate, if there be a cantonment magistrate, shall be the judge of the court so established within his jurisdiction. The Government shall, from time to time, declare the pecuniary limit of the jurisdiction of every court estab lished under this section, but such limit shall in no case exceed five hundred rupees.

VIII. Every court of small causes established under this Act shall be deemed to be a court established under the said Act XI of 1865, and all the provisions of the said Act shall be applicable to every such court, and to all suits instituted in any such court, except as is herein otherwise provided. IX. Whenever a court of small causes is established in suspended in can. any military cantonment under the provisions of Section 7, tonments where the jurisdiction exercised in such cantonment by any officer made under Act III of 1859 (for conferring civil jurisdiction in cersmall cause judges. tain cases upon Cantonment Joint Magistrates, and for constituting those officers Registrars of Deeds) shall cease and determine; and Act XI of 1841 (for consolidating and amending the regulations concerning Military Courts of Requests for native

cantonment magis

trates

are

officers and soldiers in the service of the East India Company) shall cease to have any effect within the limits of such cantonment; provided that nothing in this Act contained shall be held to affect so much of the said Act XI of 1841 as declares that in places beyond the frontier of the territories of the East India Company, actions of debt and other personal actions may be brought before the military courts therein mentioned, against persons so amenable as therein mentioned, for any amount of demand; provided also that nothing in this Act contained shall be held to affect the jurisdiction of any court of requests convened under the 103rd Section of the Statute 27 Victoria, cap. 3, or the corresponding section in any other statute for the time being in force for punishing mutiny and desertion, and for the better payment of the army and their. quarters, or the powers of a commanding officer under any such statute to assemble such courts.

with

magistrate may be
invested
powers of a small
cause court judge
up to fifty rupees.

X. The Government may invest any assistant cantonment Assistant cantonment magistrate with the powers of a judge of a court of small causes, to try suits instituted in any court which is established under Section 7: provided that no assistant cantonment magistrate shall have jurisdiction to try suits for an amount exceeding fifty rupees.

XI. Any military cantonment may be declared by the Cantonment may be Government to be a sub-district for the purposes of Act

XVI of 1864, (to provide for the registration of assurances). The cantonment magistrate of any cantonment so declared shall be the deputy registrar thereof.

XII. The police force employed in any military cantonment shall be deemed to be part of the general police force within the meaning of Section 8, Act XXIV of 1859 (for the better Regulation of Police within the Territories subject to the Presidency of Fort Saint George), and all the provisions of the said Act shall be applicable to such force. The administration of the police within the limits of any cantonment in which there shall be a cantonment magistrate shall be vested in the district superintendent, subject to the general control and direction of the commanding officer of such cantonment.

[ocr errors]

declared a sub district 'under Registration Act..

Act XXIV of 1859 applicable to police employed in military cantonments.

Administration

of

police within cantonment.

Extension of Section

48 of Act XXIV of 1859 to military cantonments.

Soldiers or public followers serving

with the army not to be taken out of

the service for

debts less than Rs.

300, or for breach of agreement.

Arrest in certain mili.

tary cantonments

[ocr errors]

XIII. The Government may extend Section 48 of the said Act XXIV of 1859 to any military cantonment situate in the territories under such Government.

XIV. No soldier or other public follower serving with any part of the army, and receiving public pay drawn by an officer in charge of any department appertaining to the army other than a commissioned officer, shall be liable by any process whatever to be taken out of Her Majesty's service by any writ, summons, warrant, order, judgment, execution, or any process whatsoever, issued by, or by the authority of any court of law, or any other authority whatsoever, for any original debt not amounting to Rupees 300, or for the breach of any contract, covenant, agreement, or other engagement whatever by parol or in writing, and all writs, summonses, warrants, orders, judgments, execution, and other process on account of any of the matters for which it is herein declared that a soldier or other person as aforesaid is not liable to be taken out of Her Majesty's service, shall be utterly illegal, and null and void, to all intents and purposes;—and any judge of any such court may examine into any complaint made by a soldier or by his superior officer, and by warrant under his hand discharge such soldier, without fee, he being shown to have been arrested contrary to the intent of this Act, and shall award reasonable costs to such complainant, who shall have, for the recovery thereof, the like remedy as would have been applicable to the recovery of any costs which might have been awarded against the complainant in any judgment or execution as aforesaid, or a writ of Habeas Corpus ad subjiciendum shall be awarded or issued, and the discharge of any such soldier out of custody shall be ordered thereupon: provided that any plaintiff, upon notice of the cause of action first given in writing to any soldier, or left at his last quarters, may proceed in any action or suit to judgment, and have execution other than against the body or military necessaries or equipments of such soldier.

XV. 1st. Whenever it may be necessary to execute, withhow to be conduct in the limits of a military cantonment, any process issuing from any civil or criminal court, against any person of the military class, or attached to, or serving with, the army, the

ed.

officer charged with the execution of such process of arrest shall carry it to the commanding or staff officer of the regiment or detachment, or to the officer in charge of the department of the army to which the person against whom the process is issued may belong, and such officer shall immediately endorse it with his signature, and use his utmost endeavours to cause the person therein named, if within the limits of the cantonment, to be served or delivered up, according to the exigency of the process, to the officer charged with the execution thereof, unless such process shall have been issued in contravention of the preceding section.

monses, &c.

2nd. But nothing contained in the foregoing clause of Not to apply to sumthis section shall be construed to prevent the direct service, in the usual way, of notices, summonses, subpoenas, or other processes on any person not military, or attached to, or serving with the army, or to require any communication to the officer designated in the foregoing clause, or any endorsement by him on such notice or process not involving personal arrest.

XVI. The commanding officet of a cantonment may send any process requiring service or execution by any means not immediately at his disposal to the chief police officer in the cantonment, for service or execution through the cantonment police, and it shall be the duty of the said chief police officer to serve or execute such process in the same manner as if it had been issued by the cantonment magistrate, and subject to the same rules.

XVII. The Government shall have power to make rules and regulations, not inconsistent with the provisions of this Act or of any other law in force, to provide within the limits of any military cantonment for the matters hereinafter mentioned, and, from time to time, to repeal or alter such rules and regulations. The rules and regulations made under this section may be general for all military cantonments in the territories under the Government of Fort Saint George, or special for any one or more of such cantonments, according as the Government shall direct.

[ocr errors]

Service and execution through cantonment magistrate of process issued by commanding offi

cers.

Rules and regulations to provide for certain matters speci fied,

XVIII. No rule or regulation made or altered under Rules to be confirmed the last preceding section shall have effect until the same

by

GovernorGeneral in Council.

What rules may provide for.

shall have been confirmed by the Governor-General of India in Council. A copy of every such rule and regulation when so confirmed, in English and in the vernacular language chiefly in use, shall be hung up in some conspicuous part of the office of the cantonment magistrate, or in such other place as the Government or the commanding officer may direct.

XIX. The rules and regulations made under Section 17 may provide

1st. For regulating, in cases in which the land within the limits of the cantonment is the property of Government and the occupation and use of which by private persons is only permissive, the conditions under which such occupation or use shall be allowed, and under which the Government may resume possession of such land, and under which compensation shall be given to persons occupying or using the land so resumed.

2nd. For maintaining proper registers of immovable property within the limits of the cantonment, and for providing for the registration of transfers of such property.

3rd. For regulating the manner in which lands and houses within the limits of the cantonment shall be claimable for purchase or hire, when necessary, for the accommodation of military officers.

1

4th.-For regulating the management and expenditure of any funds made available by law, or by the Government, for the purpose of public improvements within the limits of the cantonment, or for carrying out any rules and regulations passed under this section, and the appointment of the necessary servants and establishments. •

5th.-For the definition and prohibition of public nui

sances.

6th.-For the maintenance generally of the cantonment in a proper sanitary condition; for the prevention and cure of disease; for the management and regulation of the public roads, of conservancy and drainage; for the regula tion and inspection of public and private necessaries, urinals cess-pools, drains, and all places in which filth or rubbish is deposited; of slaughter-houses, public markets, burial and

« EelmineJätka »