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Charter, the offender if not otherwise punishable, shall be
upon conviction before a magistrate.
peace to convict the offender.
which declare the
of the peace shall not by virtue of such Act be deemed to
A. D. 1859. ACT XX.
An Act for the suppression of Outrages in the District of
Passed on the 31st August 1859.
WHEREAS in the district of Malabar in the presidency of
I. Repealed by Act XIV. of 1870.
empowered to prop Fort St. George, whenever he shall see fit, by a proclama-
time, to declare the whole or any part or parts of the district
See Act XXII. of 1870.
IIJ. Any Mopla, who murders or attempts to murder The property of Mop
las convicted of out. any person, or who takes part in any outrage directed by
ragesto be forfeited, 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 otber person or persons to commit the same; or wbo, 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 Also the property of be killed in the act of committing any such offence as afore
persons killed in
committing said, 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. IP. All iminovable property of the offender which shall Immovable property
of offender aliena. be alienated after the passing of this Act and before the
months from passcommission of any offence specified in Section III, shall be
ing of this Act and forfeited in the same manner as if no such alienation had before commission
of offence, to be forbeen made, unless the same shall have been made more feited, than twelve months before the commission of the offence.
If any Mopla shall be sentenced to death for any Bodies of offending capital offence, punishable also with forfeiture of property
to death, or killed, under this Act, it shall be lawful for the court by which such may be burned or
buried within the offender is convicted, by its sentence, to direct the body of
precincts of the jail. such offender to be burned or buried within the pre
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 attempt 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. Powers of Governor VI. The Governor in Council shall have, with respect in Council as to the confinement or trial to the confinement or trial of any person charged with or of persons under suspected of an intention to commit any offence punishable this Act.
under this Act, the powers which are vested in bim 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. Magistrate how to act. VII. The magistrate of the district may caụse any Mopla in respect to persons against whom or other person, against whom there are, in his judgment, grounds of proceed grounds of proceeding under the last section, to be appreing.
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. Penalty for remaining
VIII. If, with the previous consent of the Governor in or returning withiu forbidden limits. Council, any person, against whom the Governor in Coun
cil shall things 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, Levy of compensa IX. Whenever any such outrage as is specified in Section or fine.
tion III. of this Act, the same being punishable under this
Act, shall, after such proclamation as aforesaid, have been
X. Whenever any such outrage as is specified in Section Panalty if Mopla in-
Fiden, &c. how to be
XI. All fines and pecuniary liabilities incurred under levied.
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. Parts of District may XII. It shall be lawful for the Governor in Council, by
be withdrawu from the operation of such proclamation as aforesaid, from time to time, to withinade 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. Duration of Act.
XIII.* Repealed by (Madras) Act VII. of 1869.
A. D. 1859. ACT XXIV.,
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 sball 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 xball, by an order published in the Garette, declare otherwise. See Madras Act VII. of 1869.