Page images
PDF
EPUB

Jurisdiction expressly

III. Nothing in this Act shall extend to any case in the Peace not to be which jurisdiction is expressly given to a justice of the peace to convict the offender.

affected.

Preamble.

Charter, the offender if not otherwise punishable, shall be liable upon conviction before such court to the punishment to which by such Act the offender is declared to be liable upon conviction before a magistrate.

Construction of Acts

IV. Whenever in any Act heretofore* or hereafter passed

which declare the

word "Magistrate" by the Governor General in Council the word "magistrate" to include a Justice is declared to include a justice of the peace, such justice

of the Peace,

of the peace shall not by virtue of such Act be deemed to have jurisdiction to punish any offence unless the same shall be committed within the local limits of the jurisdiction of any of the courts of judicature established by Royal Charter.

any part of Ma

labar to come under this Act.

A. D. 1859. ACT XX.

AN ACT for the suppression of Outrages in the District of
Malabar in the Presidency of Fort St. George.

Passed on the 31st August 1859.

WHEREAS in the district of Malabar in the presidency of Fort St. George, murderous outrages have been frequently committed by persons of the class called Moplas, the of fenders in such outrages intending therein to sacrifice their own lives; and the general law of the country is not adequate to suppress such outrages; it is enacted as follows:

I. Repealed by Act XIV. of 1870.

Governor in Council

II. It shall be lawful for the Governor in Council of

or

empowered to pro- Fort St. George, whenever he shall see fit, by a proclamation published in the Fort St. George Gazette, from time to time, to declare the whole or any part or parts of the district of Malabar to be subject to the operation of all or any of the following provisions.

[ocr errors]

See Act XXII. of 1870.

las convicted of outragesto be forfeited.

III. Any Mopla, who murders or attempts to murder The property of Mopany person, or who takes part in any outrage directed by Moplas against any persons wherein murder is committed or is attempted to be committed, or is likely to be committed; and any person who shall procure or promote the commission of any such crime as aforesaid, or shall incite or encourage any other person or persons to commit the same; or who, after having committed, or having been accessory to any such crime as aforesaid, shall forcibly resist any person or persons having lawful authority to apprehend him; or who shall join cr assist, or incite or encourage other persons to join or assist in such resistance; shall on conviction thereof, be liable not only to the punishment provided by law for the offence of which he may be convicted, but also to the forfeiture of all his property, of whatever kind, to Government, by the sentence of the court by which he is tried; and whenever any person shall be killed in the act of committing any such offence as aforesaid, or being wounded and taken prisoner in the act of com- . rages. mitting any such offence as aforesaid, shall afterwards die of his wounds, it shall be competent to the court which would have had cognizance of the offence if the offender could have been brought to trial, to proceed, on the application of the magistrate, to hold an inquest into the circumstances of the death of the offender; and on proof of his having been killed as aforesaid, or of his having died of wounds received as aforesaid, to adjudge that the whole of his property shall be forfeited to Government.

V. If any Mopla shall be sentenced to death for any capital offence, punishable also with forfeiture of property under this Act, it shall be lawful for the court by which such offender is convicted, by its sentence, to direct the body of such offender to be burned or buried within the pre

Also the property of persons killed in committing out

IV. All immovable property of the offender which shall Immovable property be alienated after the passing of this Act and before the commission of any offence specified in Section III, shall be forfeited in the same manner as if no such alienation had been made, unless the same shall have been made more than twelve months before the commission of the offence.

of offender alienated within 12 months from passing of this Act and before commission of offence, to be forfeited.

Bodies of offending Moplas sentenced to death, or killed, may be burned or buried within the precincts of the jail.

Powers of Governor

in Council as to the

confinement or trial of persons under this Act.

Penalty for remaining or returning within forbidden limits.

Levy of compensation or fine.

cincts of the jail, as it shall see fit; and in like manner
if any Mopla shall be killed in the act of committing any
such offence as aforesaid, or having committed any such
offence as aforesaid shall be killed in resisting a lawful at-
tempt to apprehend him, it shall be lawful for the magis
trate to cause the body of the person so killed to be burned or
buried within the precincts of the jail, as the said magis-
trate shall see fit.

Magistrate how to act

VII. The magistrate of the district may cause any Mopla sons against whom or other person, against whom there are, in his judgment,

in respect to per

he thinks there are

grounds of proceed grounds of proceeding under the last section, to be appre

ing.

hended, and after such enquiry as he may think necessary,
may detain such Mopla or other person in safe custody,
until he shall have received the orders of the Governor in
Council, to whom in all such cases he shall report his pro-
ceedings without unnecessary delay.

VI. The Governor in Council shall have, with respect to the confinement or trial of any person charged with or suspected of an intention to commit any offence punishable under this Act, the powers which are vested in him by any law regarding the confinement or trial of persons charged with or suspected of state offences; and the provisions of any such law shall be applicable to all cases in which the Governor in Council shall proceed under the authority of this section.

VIII. If, with the previous consent of the Governor in Council, any person, against whom the Governor in Council shall think fit to proceed under Section VI, shall undertake, in consideration of the suspension of such proceedings, to depart within a specified period from within the limits of the continent of India or of any part thereof, and shall in breach of his said undertaking, and without the permission of the Governor in Council, remain or return within such limits, he shall be liable to be punished with imprisonment with or without hard labor, for a period which may extend to seven years, or with fine, or both,

IX. Whenever any such outrage as is specified in Section III. of this Act, the same being punishable under this

[ocr errors]

Act, shall, after such proclamation as aforesaid, have been committed by any Mopla or Moplas, it shall be lawful for the magistrate, with the sanction of the Governor in Council, to levy such sum of money as the Governor in Council shall authorize, from all the Moplas within the umshum or the several umshums to which the perpetrator or perpetrators or any one of such perpetrators of such outrages shall be found to belong, or wherein any such perpetrator shall have been resident at the time of the commission of the outrage, and also within the umshum in which the outrage shall have been committed; and the said magistrate shall assess the proportions in which the said sum shall be payable upon the several heads of families of Moplas within such umshum or umshums, according to his judgment of their respective means; and the said magistrate shall appropriate the sum so levied as follows, that is to say, in the first place, to the compensation of the parties aggrieved by such outrages, including therein compensation to the family of any person dying by any such outrage for the pecuniary loss occasioned. or likely to be occasioned by such death; and, subject to such compensation, to the use of the Government.

habitants of 11mshum refuse to deliver up an offend

er.

X. Whenever any such outrage as is specified in Section Panalty if Mopla inIII. of this Act, the same being punishable under this Act, shall have been committed by any Mopla or Moplas, it shall be lawful for the magistrate to call upon the Mopla inhabitants of the umshum or umshums to which the perpetrator or perpetrators, or any one of such perpetrators of such outrage shall be found to belong, or wherein any such perpetrator shall have been resident at the time of the commission of the outrage, or wherein any such perpetrator shall after the perpetration of any such outrage be found, to deliver up such perpetrator or perpetrators, and on the failure of such Mopla inhabitants to comply with such call so made upon them by the magistrate, it shall be lawful for the magistrate, with the sanction of the Governor in Council, to levy from such Mopla inhabitants, such sum of money as the Governor in Council shall authorize as prescribed in the last preceding section of this Act, and all sums so levied shall be appropriated in the manner prescribed in that section.

Fines, &c. how to be levied.

Parts of District may

XII. It shall be lawful for the Governor in Council, by

be withdrawn from

the operation of such proclamation as aforesaid, from time to time, to with

the Act and again

inade subject to it.

draw from the operation of the provisions of this Act any part or parts of the said district which he may previously have declared to be subject thereto; and in like manner, as occasion shall require, to subject the same part or parts again to the operation of such provisions, or of any of them. XIII.* Repealed by (Madras) Act VII, of 1869.

A. D. 1859. ACT XXIV.

Duration of Act.

Preamble.

Interpretation.

XI. All fines and pecuniary liabilities incurred under this Act may be levied by a magistrate under summary process, in the same manner as the public revenue may be realized by a collector; and no action shall lie in any civil court against the magistrate in respect of any fine imposed or any assessment made under this Act, or in respect of the levy of any portion of such fine from the person or persons upon whom the same shall have been assessed.

"Magistrate."

AN ACT for the better regulation of Police within the territories subject to the Presidency of Fort St. George.

Passed on the 6th February 1859.

WHEREAS it is expedient to make the police force throughout the Madras Presidency a more efficient instrument at the disposal of the magistrate for the prevention and detection of crime, and to re-organize the police force and improve the condition of the village police; it is enacted as follows:

I. The following words and expressions in this Act shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such contruction, (that is to say).

The word "magistrate" shall include all persons, within their respective jurisdictions, exercising all or any of the powers of a magistrate.

Act XX. of 1859 shall continue in force until the Governor of Fort Saint George in Council shall, by an order published in the Gazette, declare otherwise. See Madras Act VII, of 1869.

« EelmineJätka »