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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.
Jurisdiction expressly III. Nothing in this Act shall extend to any case in
given to Justice of which jurisdiction is expressly given to a justice of the

be affected.

peace to convict the offender.
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 jurisdic-
tion of any of the courts of judicature established by Royal
Charter.

A. D. 1859. ACT XX.

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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.
Preamble.

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 ade-
quate to suppress such outrages; it is enacted as fol-
lows :-

I. Repealed by Act XIV. of 1870.
Governor in Council II. It shall be lawful for the Governor in Council of

empowered to prop Fort St. George, whenever he shall see fit, by a proclama-
any part of Ma- tion published in the Fort St. George Gazette, from time to
labar to come under
this Act.

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.

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.

out

ted

within

12

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If any Mopla shall be sentenced to death for any Bodies of offending capital offence, punishable also with forfeiture of property

Moplas sentenced

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

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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 Coun-
cil, 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, in-
cluding 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,

X. Whenever any such outrage as is specified in Section Panalty if Mopla in-
III. of this Act, the same being punishable under this Act, shum refuse to de-
shall have been committed by any Mopla or Moplas, it shall liver up an offenda
be lawful for the magistrate to call upon the Mopla inha-
bitants of the umshum or umshums to which the perpe-
trator 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 com-
mission 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 in babitants, 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.

er.

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.,

Preamble.

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.

Interpretation.

" Magistrate.”

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