of such police districts, and establish a police court in and for each of such districts, or in and for such other districts as the Government may consider necessary. The said Government of Fort Saint George may, with the sanction of the Governor General of India in Council, from time to time, apAppointment of police point a sufficient number of fit persons as magistrates of magistrates. police for the said town who may sit and act as such magistrates in any of the said police courts. Every person so appointed, before he shall act as such magistrate of police, shall also be appointed a justice of the peace, and shall exercise all powers and jurisdictions which, by virtue of any law, may be exercised by two justices of the peace. XI. The commissioner of police shall take care that a in attendance at sufficient number of officers belonging to the police force the police courts. shall be in attendance upon every magistrate sitting at any police court, for the purpose of executing all such orders and process as may be directed or delivered to them. Police officers to be Service of criminal officer. XII. All summonses, subpoenas, and warrants issued process by police by a commissioner or deputy or assistant commissioner of police, or by any magistrate of police, except in proceedings under Act XIII of 1859, shall be served and executed within the said town by an officer of the police force, and by none other. Extent of police ma- XIII. When any person is charged before à magistrate gistrate's jurisdiction as to offences of police with having committed, within the limits the local under Penal Code jurisdiction of such magistrate, any offence punishable under district magistrate the Indian Penal Code and cognizable by the magistrate of the district under the Code of Criminal Procedure, and, in the opinion of the magistrate, the case is one which will be adequately punished by imprisonment of the description, or of either of the descriptions applicable by law to the offence, for a term not exceeding six calendar months, or (where by law the offence is punishable with fine alone) by a fine not exceeding two hundred rupees, or (in cases where by law ⚫ both punishments may be imposed) by both such imprisonment and such fine-it shall be lawful for the magistrate to proceed to try the case summarily, and, on conviction, to impose such punishment as aforesaid, if by law it is applicable to the offence, and also, except in the case of European British subjects, to impose the punishment of whipping in lieu of, or magistrates may exercise full powers of district magistrates if the accused consents to summary trial. XIV. Whenever any person is charged, as aforesaid, Police before a town police magistrate, with any offence of a nature cognizable by the magistrate of the district under the Code of Criminal Procedure, it shall be lawful for the magistrate, when the case for the prosecution is closed, to ask the accused whether he is willing to allow the magistrate to deal summarily with the charge; and, if the accused consents, the magistrate shall record such consent in writing, and may thereupon proceed finally to dispose of the case,.and may, in the event of a conviction, inflict the full amount of punishment which the magistrate of the district would be authorized by law to impose for the offence: provided always that notwithstanding any such consent, it shall still be lawful for the magistrate to commit the prisoner for trial before the high court of judicature at Madras, if, upon further consideration of the case, he shall think fit so to do. XV. Upon a conviction of any offence by means of or in consequence of which the possession of property shall have been transferred, the magistrate may order the restitution of the property forming the subject of the charge, if forthcoming, to the owner; and, in case of its not being restored pursuant to such order, may impose on any person refusing or neglecting to restore the same, a fine not exceeding the value of the said property, which the magistrate may order to be paid to the owner or his representative. Magistrate may order restitution of property, or impose a fine upon the offender. ⚫portion of fine in compensation for loss or damage caused, &c. XVI. In cases in which, by the sentence or order of any Magistrate may apply magistrate, a fine is imposed upon a conviction for any offence made punishable by fine, whether the offence be punishable or punished by fine only or otherwise, it shall be lawful for such magistrate to order that the fine or any part thereof, not exceeding a reasonable satisfaction for the injury Fraudulent possession of stolen property. Power to summon per declared to sons have had possession of such property, pro. Disposal of stolen perty in custody of police. sustained, and for any special damage of a pecuniary nature that may have resulted to such person by such offence, and any expenses incurred by the complainant in the prosecution as the magistrate may consider reasonable and proper, be paid to or for the benefit of such person according to the discretion of the magistrate; and in every such case, the fine, when levied or paid, shall be paid and distributed accordingly. XVII. Whoever has in his possession, or conveys in any manner, anything which may be reasonably suspected of being stolen or fraudulently obtained, shall, if he fail to account satisfactorily how he came by the same, be liable to a penalty not exceeding one hundred rupees, or to imprisonment of either description, as defined in the Indian Penal Code, for any term not exceeding three months. XVIII. If any person charged with having or conveying any thing stolen or fraudulently obtained, shall declare that he received the same from some other person, or that he was employed as a carrier, agent, or servant to convey the same for some other person, the magistrate my cause every such other person, and also, if necessary, every former or pretended purchaser or other person through whose possession the same shall have passed (provided that such other person shall be alleged to have had possession of the same within the jurisdiction of such magistrate), to be brought before him and examined, and shall examine witnesses upon oath touching the same; and if it appear to such magistrate that any person so brought before him had possession of such thing, and had reasonable cause to believe the same to have been stolen or unlawfully obtained, such person shall be liable to be dealt with under the provisions of Section 411 of the Indian Penal Cone. XIX. If any property, charged to be stolen or fraudulently obtained, shall be in the custody of any police officer by virtue of any warrant of a magistrate, or in prosecution * of any charge of an offence in regard to the obtaining thereof, and the person charged with such offence shall not be found, or shall have been summarily dealt with or discharged, or shall have been tried and acquitted, or if such person shall have been tried and found guilty but the property so in eustody shall not have been included in the charge upon which he shall have been found guilty, or if any property shall have been seized by a police officer under Sections 58 and 59 of this Act-it shall be lawful for any magistrate to make an order for the delivery of such property to the party who shall appear to be the rightful owner thereof; or, in case the owner cannot be ascertained, then to make such order with respect to the property as to the magistrate shall seem meet. Provided always that no such order shall be any bar to the right of any any person to sue the party to whom the property shall be delivered, and to recover such property from him by action at law, so that the action be commenced within two months next after such order shall have been. made. pass on property. XX. Whoever, without satisfactory excuse, wilfully tres- Penalty for wilful trespasses in, or on any dwelling-house or premises, or any land or ground attached thereto, not thereby causing any actual damage, or on any ground belonging to Government or appropriated to public purposes, shall be liable to a fine not exceeding twenty rupees. order of maintenance for wives and children. XXI. If any person, having sufficient means, neglects or Magistrate may make refuses to maintain his wife or any legitimate or illegitimate child unable to maintain himself, it shall be lawful for a magistrate, upon due proof thereof, to order such person to make a monthly allowance for the maintenance of his wife or such child as aforesaid, at such rate, not exceeding fifty rupees in the whole, as to the magistrate shall seem reasonable; and if such person shall wilfully neglect to comply with the said order, the magistrate may, by warrant, direct the amount due to be levied in the manner hereinafter provided for levying fines; or may punish him with imprisonment of either description, as defined in the Indian Penal Code, for any term not exceeding one month. Provided always that any such person shall be at liberty to apply to the magistrate, from time to time, for a reduction of such monthly allowance, on proof of an alteration in the circumstances of himself, his wife, or child, justifying such reduction. Provided also that, if such person offers to maintain his Proviso. wife on condition of her living with him, and his wife shall refuse to live with him, it shall be lawful for the magistrate to consider any grounds of refusal stated by such wife; and he may make the order aforesaid, notwithstanding such offer aforesaid, if he shall be satisfied that such person is living in adultery, or that he has habitually treated his wife with cruelty. XXII. Upon complaint made to a magistrate on oath of the abduction or unlawful detention of a woman, or of a child under the age of fourteen years, for any unlawful pur pose, such magistrate may make an order for the immediate restoration of such woman to her liberty, or of such child to its husband, parent, or guardian, as the case may be, and may compel compliance with such order, using force if necessary. XXIII. Any person found between sun-set and sun-rise armed with any dangerous or offensive instrument whatsoever with intent to commit any crime; any reputed thief found between sun-set and sun-rise on board any vessel or boat, or lying or loitering in any bazaar, street, road, yard, thoroughfare, or other place, who shall not give a satisfactory account of himself; any person found between sun-set and sun-rise having his face covered, or otherwise disguised, with intent to commit any crime; any person found between sun-set and sun-rise in any dwelling-house or other building whatsoever, without being able satisfactorily to account for his presence therein; and any person having in his possession, without lawful excuse (the proof of such excuse shall be on such person), any implement of house-breaking, may be taken into custody by any police officer without a warrant, and shall be liable to imprisonment of either description, as defin-ed in the Indian Penal Code, for a term not exceeding three months. XXIV. Whoever, not being a soldier or sailor in the Army or Navy of the Queen, or a police officer, or a member of a volunteer corps, goes armed with any sword, spear, gun or other offensive weapon, in any street, thoroughfare, or public place, unless by leave of the commissioner of police, shall be liable to be disarmed by any police officer; and the weapon so seized shall be forfeited to the Government, unless |