move such animal alive from his land or premises without the licence of the keeper of the hospital pound for the range, or of some person authorized by the magistrate of the district to grant such licence. Every such licence shall be in writing, and shall only permit the removal of such animal to some place where it can be conveniently kept apart from all other animals, until the hospital pound keeper, or other person authorized as aforesaid, is satisfied that there is no reasonable probability of such animal propagating the disease.

same shed or in contact with any animal labouring under any contagious disease.

Penalty for failing to give notice when animal is attacked

XIII. If any person who may be in charge of any animal at the time of its being attacked by a contagious or infectious disorder, shall fail to give notice to the hospital pound keeper by disease. of the village, as required in Section 4, the said person shall be liable, on conviction before a magistrate, to a fine not exceeding rupees five for every instance of such neglect, commutable, if not paid, to simple imprisonment for any period not exceeding ten days.

XIV. Any person who shall fail to comply with the directions of a hospital pound keeper, or of a person duly authorized by the magistrate of the distriot in that behalf, as to the impounding any diseased animal, or to the disinfecting any premises or place where any diseased animal may have been kept, or to the disinfecting or destroying any fodder, manure, and refuse matter which may be likely to propagate the disease, or who may remove, without a licence, any animal which has been in the same shed or stable, or in the same herd or flock, or in contact with any animal laboring under any contagious or infectious disease, shall, on conviction before a magistrate, be liable, for every such offence, to a fine of twenty rupees, commutable, if not paid, to simple imprisonment for any period not exceeding ten days.

XV. In any district or part of a district in which this Act is in force, it shall be the duty of all hospital pound keepers, of all police officers not below the rank of a head. constable, and of such other persons as the magistrate of the district may especially empower, to seize and impound all animals suffering from contagious or infectious disease, and any person who shall forcibly oppose such seizure, or who

Penalty for refusing to obey directions

of cattle pound keeper, &c.

Penalty for opposing

the seizure and im

pounding of diseas ed animals.

shall forcibly rescue the animals after such seizure, shall be deemed to have committed an offence punishable under Section 186 of the Indian Penal Code.

XVI. Any person whose animals shall have been seized as being diseased, may prefer a complaint against the seizure, at any time within ten days from the date thereof, to any magistrate. The complaint may be either verbal, in which case the substance of it shall be taken down in writing by the magistrate, or written upon plain paper, and shall be preferred by the complainant in person, or by an agent personally acquainted with the circumstances. If, on examination of the complainant or his agent, the magistrate shall see reason to believe the complaint to be well founded, he shall summon the party complained against, and shall proceed to make a summary inquiry into the case. If the seizure be adjudged illegal, the magistrate shall award to the complainant such damages as he may deem to be reasonable compensation for any loss or injury sustained from the unlawful seizure, together with all expenses incurred by the complainant in procuring the release of the animals; or, if the animals have not been released, the magistrate, in addition to the award of damages, shall make an order for their release, and shall direct that the expenses leviable under this Act shall be paid by the party who made the seizure. The amount of all damages and expenses so awarded shall be recoverable according to the process prescribed in Act No. V of 1865 (Madras) for the recovery of forfeitures or penalties imposed under the authority of Act XXIV of 1859.

XVII. All fines levied under this Act shall be credited. to the cattle pound fund established under the provisions of Act III of 1857, which fund shall be available for payment of all expenses incurred under the provisions of this Act: provided that it shall be lawful for the officer inflicting a fine under this Act to direct any portion thereof, not exceeding one-half, to be paid to the informer.

XVIII. It shall be lawful for the Governor in Council by notice published in the Fort Saint George Gazette, to make and prescribe such bye-laws as may from time to time seem necessary, for the more effectually preventing the spreading

of infectious or contagious diseases among animals, provided that such bye-laws shall not be repugnant to the provisions of this or any other Act. A breach of any such byelaws shall render the party liable, on conviction before a magistrate, to a fine not exceeding rupees ten, commutable to simple imprisonment for fifteen days.

A. D. 1867. ACT VIII.

AN ACT to incorporate the Police of the Town of Madras with the general Police of the Madras Presidency; to extend the jurisdiction of the Town Police Magistrates; and to amend and consolidate the provisions of Act XIII of 1856 (for regulating the Police of the Towns of Calcutta, Madras, and Bonibay), and of Act XLVIII of 1860 (to amend Act XIII of 1856.)

Passed on 1st September 1867.

WHEREAS it is expedient to incorporate the Police of the Preamble.
Town of Madras with the general police of the Madras Presi-
dency, and to extend the jurisdiction of the Town Police
Magistrates, and to amend and consolidate the provisions of
Act XIII of 1856 and of Act XLVIII 1860, so far as the said
Acts are applicable to the Town of Madras; it is enacted as
follows:-

I. 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 con-
struction, (that is to say),-

house.

The words "common gaming-house" shall be taken to Common mean any house, walled enclosure, room, or place in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, room, enclosure, or place, whether by way of charge for the use of the instruments of gaming, or of the house, enclosure, room or place, or otherwise howsoever.

The word "cattle" shall, besides horned cattle, include Cattle, horses, asses, mules, sheep, goats, and swine.

gaming

Town police to be incorporated with general police.

Amalgamation

tion funds.

of

II. The police of the town of Madras shall be incorporated with, and shall form a part of, the general police force of the Madras Presidency, and the town of Madras shall form a part of the general police district; and all the provisions of Act XXIV. of 1859 shall apply to persons who at present do belong or who hereafter may belong to the town police, unless so far as the contrary is herein expressly declared.

III. The police superannuation fund constituted under police superannua- Act XIII, of 1856 shall cease to exist, and all money standing to its credit shall be paid into the police superannuation fund constituted under Act XXIV of 1859; but no person who is a subscriber to the town police superannuation fund at the time this Act comes into operation, shall be liable to any monthly deduction from his pay at a greater rate than half an anna in the rupee, or shall be deprived of any of the privileges which he would have had under Sections 18 and 19 of Act XIII of 1856.

Appointment and removal of commissioner of police.

Act XXIV of 1859 and such provisions of Criminal Procedure Code as apply to a district or deputy superin tendent of police, applicable to commissioner of police.

Appointment of deputies or assistants to the commission

or of police.

IV. The immediate administration of the police of the town of Madras, subject to the authority of the inspector general of police, shall be vested in an officer to be styled the commissioner of police for Madras, who shall, from time to time, be appointed by the Government of Fort Saint George, and may be removed by the same authority, and who shall receive such salary as the Governor General of India in Council shall allow. All the provisions of Act XXIV of 1859 and of the Criminal Procedure Code, which apply to a district or deputy superintendent of police, shall apply to the commissioner of police; and for the purposes of this Act, Sections 68, 97, 127, 128, 129, 130, 131, 132, 133, 137, 152, and 153 of the Criminal Procedure Code shall be read as if the words "commissioner of police" were substituted for the words "magistrate," "magistrate of the district," or "magistrate in charge of a division of a district," and Section 97 of the said code shall be read as if the words "or before the commissioner of police" followed at the end of the section.

V. The Government of Fort Saint George, with the sanction of the Governor General of India in Council, may from time to time appoint one or more deputies or assistants to

the commissioner of police, who shall be competent to perform any of the duties assigned to that officer under his orders. The deputy or assistant commissioner may be removed at any time by order of the Government of Fort Saint George.

VI. The commissioner of police shall not ordinarily be a niagistrate of police under this Act, but, with the sanction of the Governor General of India in Council, may be appointed to that office when the Government of Fort Saint George, for special reasons, may deem it expedient.

VII. The commissioner of police shall be appointed a justice of the peace; but unless he is vested with the jurisdiction of a magistrate of police, he shall act as a justice only so far as may be necessary for the preservation of the peace, the prevention of crimes, and the detection, apprehension, and detention of offenders, in order to their being brought before a magistrate of police, and so far as may be necessary for the performance of the duties assigned to the commissioner by this Act. The deputies or assistants to the commissioner of police may be appointed justices of the peace, and, if so appointed, shall act in that capacity, subject to the above restriction.

VIII. The commissioner of police may, of his own authority, appoint special police officers to assist the police force on any temporary emergency; and the provisions of Act XXIV of 1859, Sections 17 and 18, shall apply to the special officer so appointed.

IX. The town police shall be governed by all the provisions of the Criminal Procedure Code, contained in Chapters IV to IX inclusive, so far as they are applicable, with the exception of Sections 125, 147, 148, 149, 150, 154, 158, 160, and 161. Provided always that the officer in charge of a police station shall not be required to bind over the prosecutor and witnesses as directed in Section 151 of the said code, if their immediate attendance can be procured without recognizances.

X. The Government of Fort Saint George may consti- Police districts. tute, within the town of Madras, so many police districts as to the said Government shall seem fit, and define the extent thereof, and from time to time alter the number and extent