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    ACT No. I. O F 1851.

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    ACT No. II. O F 1851.

    Passecl by the Hon'bte the Pre sid efi t of the Council of Indiai,nCouncil on ths 11th April 1851, with the assent o f

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    ut of the ~orth-western,

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    ACT No, 111, O F 1851.

    I I. Any Salt Agent or Superiutendellt of Salt Chokies, and also anyI' Assistant to a Salt Agent or Superintendent, or head Officer of any SaltChokee or Aurtzng, to whom information shall be given t ha t salt is unlaw-fully manufactured in any warehouse, dwelling house or other enclosedplace within his jurisdiction, may act upon such information in the samemanner as in Act XXIX. 1838 he is authorized to act, upon informationgiven him of salt exceeding one maund in quantity being in store in ahouse, warehouse or other place ;and all freshly manufactured contrabatidsalt found by such Officer shall be liable to seizure together with theimplements ,of manufacture, and t he of Sections 11. to X ofAct XXTX. 1838, as to the receipt of information and the manher ofsearch and seizure, and of Section XXZII. of t he same Act, as to the

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    ACT NoA1x1. O F 31851.

    penalty for false and malicious information, shall be applicable to in-formation given, and search and seizure made under this Act.. ,. .

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    11. I n modification of-section XIV. ~ c tXIX. 1838, any personwho shall be found conveying salt, exceeding in quantity five seers ofeighty tolahs to the seer, without protective documei~t,within the tractof country in Bengal o r Orissa wherein the transportation of salt, unles

    panies carrying saltso:~ h ~ r o t e c t e d ,hich iri the whole :quaqtlty exceedsten such.: .seers,. . . shall . .e subjected. . to:lthe% penalties prescribed by. Regula-.: . : . I .,.. . . . . . , . , :ti on^. 1819, of the Bengal code, ?nd Act X XIX . 1838, for th e illeg

    passes.siopand transportation of salt. . . : . ... ' > . . . . .

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    --- . . . .. -- .-C n l c l l t t ~ ,1851 :-Printed at the & ~ ~ a \ilitary Or pl ~uuPl.ass, ~ I S\:. k'itlll~rr.

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    ACT No. TV. O F 1851.

    Passed by the Hon'ble the Pr es id en t of th e Council of In d iain Council on the 25th Apri l 1851, witlc the assent ofthe H o s t No b le the Governor General of In dia .

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    enacted.as follows :- I ., y' F i , I

    I. So m~~gh :f Act X I V . 1835, as empowers the Governor of Bom-.bag in G~yp o i lo confer on any Assistant Magistrate, by a special order,any of the powers of a Magistrate, is repealed.

    11. The Governor of Bombay in Council may appoint to any Zillahor District one or more uncovenanted Deputy Magistrates, with thepowers hereinafter specified.

    111. Every person appointed to the office of Deputy Magistrateunder this Act shall, before entering upon t he execution of the duties'of

    his

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    ACT No. IV . O F 1851.his office, make and subscribe before or~e f the Courts of Record

    under Act XXI. 1837.

    d i t ~ agistrate, may be employ& as a judicial officer, or 3 an o a c e r o. Bolicej or both, at tihe dhreticJrd of the Governor of Bombay in Council.

    As a judicial officer he s h a l exercise the powers of a covenanted Assis-tant, under Section 111. Regulation XII. 1827, Regulation IV. 1830,Regulation VIII. 1831, of the Bombay Code, and Act XXV. 1839, 6rthe full powers of a Magistrate, when specially authorized by the Gover- *nor of Bombay in Council ;and, in such cases, he shall be subject tosuch authority in regard to appeals from his decisions acd judicial ordersits is provided under the above mentioned Regulations for the decisionsand .orders of a covenanted Assistant or of a Magistrate respectively.d s - an officer of Police, he shall be in all respects subordinate to the' Magistrate under whom he is placed ; he shall exercise such executivepowers only as the Governor of Bombay in Council, or the Magistrate,with the sanction of the Governor of Bombay in Council, commits tohim, and shall-obey all lawful orders so issued, and perform all duties soassigned to him by the said Magistrate, who shall be at all times compe-tent, subject to such orders as he receives, from time to.time, from the'Governor of Bombay in Council, to extend, limit or resume the execrx-t ive powers committed to such Assistant or Deputy.

    V. Nothing in this Act contained shall be held to disq;alify any- uhwvehanted Officer in the Revenue and Judicial Departments fromholding, at the same time with any other office, the office of Deputy

    -

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    ACT No. IV . OF 1851.@

    V I . A Deputy Magistrate appointed under this Act shall not bedismissed from office for misconduct, without the sanction of the Gover-nor of Bombay in Council. Whenever there is reason to believe, thata Deputy Magistrate is disqualified, by neglect, incapacity, corruptionor other misbehaviour, for continuance in office, a report shall be madeby the Magistrate for the consideration and orders of the Governor ofBombay in Council, who shall be competent to suspend such DeputyMagistrate, and order a further enquiry into his behaviour, or order hisimmediate dismissal, as appears just and proper.

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    -----------Caloutta, 1851 :-Printed a t tlae Bengal Military Orphan Press, by W. almer.

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    ACT No. V. O F 1851.

    Passed by the Hosyble he President of the Council of India9 i n Council on tlre 6th June 1851, zuiilc the nsse~ztofthe X o s t Noble the Covernor General of India.

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    F o r relief o certain suflerers by the Znsolvency of Sir Thomas Turton,Baronet.

    ,WHEREAS,nder i n Abt of Parliament passkd in the fortieth yearof the Reign of King George the Third, entitled c c 'an Act for establishingfurther Hegulations .for the Government of the British Territories'in

    d India, an& the better Administration of Justice 'within the same," 'SirThomas Edward Mitchell-Turton, Baronet, as Registrar of the~Eccle6iBs-tical Court at Fort William i n Bengal, was empowered to administer t othe Estates -of all British Subjects dying intestate within the saidPresidency of Fort William in default of any claim made and establishedon behalf of ally next of kin or Creditor to the deceased ;And *whereastlie said Sir Thomas, on or about the 25th day of .February 1848, resignedthe Office of Registrar of the said Ecclesiastical Conrt, then being in-solveot, and unable to pay several large sums of money due to the ownersof stmdry Estates to which lie had administered or had assumed to ad-minister under t he power vested in him by the said Act, and also other -sums of money due to the owners of sundry Estates of which he had

    b taken

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    ACT No. V. O F 1851.take11 charge as s ~ ~ c hegistrar, altllough on account of the small val~lethereof or otherwise, no Letters of Administration of the last mentionedEstat.es. . . were granted to him, and also other sums of money belonging,either to suitors of the Supreme Court of. ~udicatilre:.t Fort William in ' ,Bengal, or other persons for whose benefit a trust was created in the said

    . , Sir Tho,mas,b y 'reason of his, holding t- ' Court,, on its Ecclesiastical, Equity a

    under . .ct XIX. 1841, or as 0;fficial, . < . . . . .

    . . I . .(, . . . . .. . . . . . . . .-. '> I. ,-.... :. :.. . . . n dhereas, i n .order to.: . . . . . . . . . . . . .in respect.of. . the said. . .everal particulars.o. . .

    . . were, Zppointed b y all, g~dorunder the*. .+..J,u.dicatu.rez ., at .Fort . . illiam, b

    ' . :hsd; re$r[ therein to the Court;And whereas the said Comrni

    .A .;...... . . . .Ca~~t ; ;b~ i t r i ~ ' ~da t e : the5th J a$he. .aid Court, whe;r&y they reported

    . mitted to. hem as. aforesaid, se tt.and'also in certain Schedrdes t'hereunt(:D,), E;):and (F) respectively the ilam&togs: and.other. pensons. to whoney,or seoui?ities or money.a.. .. -. , .. ,. . .. . . .., . 2 . > .. . . . . . . . . . . . .

    .. ,- . .. .-&nd?j&ereas, it :is deemejnso-li.ency;.of. t h e said S i r Thomas Ebursed their 'several losses out of ' the: acaumulated -produce.of certahunclaimed Estates; n:ow n thettator General, due-prov.ision. eing rn-add for sec

    - rightful claimants thereonto, i fany shall hereaftas:follo~ws: - . : . . . . . . . . ,

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    in

    t, of.

    said

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    ACT 'No. V. O F 1851.I. The net proceeds of all Estates' to which the Registrar of the

    said Ecclesiastical Court has administered in right or under colour of his 'office under the said Act of Parliament, arid which from the officialbooks and accounts of the said Registrar appcor to have been in the \custody or control of the said Regist,rar ready to be distributed before the i+)first day of January 1836, and to have been since that time 'unclaimedand now to continue unclaimed in the custody or controldof the Ad hi-nistrator Geneial in Bengal in right-of his office under Act VII . 1849,and also from time to time the net proceeds ofall Estates to which the saidRegistrar or the said Administrator General under the said Act VII .'1849has administeted, or to which the said Administrator+Generdlshallhereafter administer, and which shall in like manner appear to:have con-tinuea for fifteen years in his custody or control unclaimed shall betransferred and paid, as the same respectively ' accrue, to thc Sub-Trea-surer of the East India Company at Fort William. in .Bengal, and be

    shall-be a full indemnity and dischdrge to the said. Administrator Ge-

    7-da~rieda the.ac8ount and credit of the East .Jlndi$ Oompany for $he ge- ,neial purposes of Governnient, and thesreceipt bf+the-.saiddb-Treabnrer ;

    ...-,.-.-h>-.+w?&.~-.%&v- . . , . .. , lierhl-'foiany such p,ayrnent,;l..:cl--~,.... -.c+~~> . . . . i c +-w+-.-,,...c,,; . .

    . . .. . . .. > hs-*.-

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    ACT No. V . OF 1851.East India Company and Administrator General, for the time being ; nd,after takir~g vidence either orally or on afkidavit in a suminary way as.the Court shall think &, the Court shall make such orders on the.peti-tion as justice requires, which shall be binding on all parties to the suit.: 111. T h e Accountant t o the Government, of Bengal is authorizedand- equired from. ime to time to direct th e Sub-Treasurer to pay, a i dthe Sub-Tieasuter shall thereupon pay; out of the nionies of th e Ea st .India .Companyin:his custody, such sums aswil l be sufficient to pay- offandjdischarge -to: s~ ch ~p er so nss shall appear 'td be: entitled thereunto;&:the lawful repre$,entativeso f the idtkstates &ndotke is irained in t h eSchedules A , ) (33,), - (D,)annexed to thelsaid Report, and also-tothe :!suito& and:other&ersous :entitled. o the :Bquity Deposits. ahd Trustmonies in the ;Su.its .and under the trusts na!ihed ,Tii&e:~:ch'edules:(I3 .and.. {I?) annexed t o t h e said Report, and otlier deposits . and.%rustmgjni& .(if .any) p a i d o r intrusted ' to the-. aid; 'sir Thomas bjror,der

    na$aim.~,C.oondo,of w h kh the -.said. tir lxdm-as-.&as Cul;aht:.und&-Act1.;XI X. 1841, the several principal ;sums of money ~which:,.upon: tie finak.I adjustment of the accounts of their several claims and estates, shall ap-# pear to have been due to them respectively from the'said Sir'Thomas on: i he 95th day:afFebruary 1848,:and to b e th en still:due and unsatisfied;.

    ahd also the ba lmce due by th e said Sir Thomas. o Government in re$ -: pect:of Gourt feesreceiv& by h im as Registrar of the said Court, bu tnoe/ abcounted for by him to Government.\

    Cnloutta, 1851 : - -P i i ~~ t edt the Bengal Mll~taryOiphan Prcss, by W. Palmer.

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    I. The lands comprised in the said NO. 2 shall, from and afterthe first day of July, i n the year 1851, be vested in the said Company

    free

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    ACT No. VI. O F 1851.

    Passed by the H o n ' b b the .Pp&ident of the Counctilo f Indiai n Counci'l on' i e 6th June 1851, with the assent of

    * the Most N b e l e the ~&ernot-General o f Ifidia.,

    Respecting certain land in Bonzhay called Fo ras L an d.

    w~~~~~~he East India Company are legally entitled to thefreehold reversion of the se ~e ra lands berecofqre pgyiag a render calledForas, the outline whereof is delineated in a plan deposited in the officeof the Secretary to the Government of Bombay and authenticated bythe signaturks of the Right Honorable the Governor and Members ofthe Council of Bombay and numbered 1, subject to certain tenancies

    4 therein a t will, or from year to year; and whereas it is considered expe-dient as of grace and favor that the rights of the said East India Com-pany in all of the lands included in the said plan, save those markedupon the said plan as to be taken, or as having already been taken forpublic roads, tanks and other public purposes, the outline of which landsso to be or having been taken is also delineated in another plan numbered2, also deposited and authenticated as aforesaid, should be extinguishedsave as hereinafter mentioned, It is enacted as follows :

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    ACT No. V I . O F 1851.free f'om all rights therein of all other persons, for tlie purpose of con-structing public mads, tanks alld other public purposes.

    XI. Froin and after the said first day of Ju ly , the rights of the saidConlpany in all of the said lands lnentioned in the said plan No. 1,exceptthose mentioned in the said plan No. 2, shall. be extinguished in favor of ,the persons who shall then hold the same respectively as the immediate ,rentpayers to the said Company, saving the rents now severally payablein respect of such, mds, which ,shall continue payable, and recoverable

    , ,or shall be recoverable under any Act or Regulation, and saving alsoby distresst or by ally means by which land revenue in Bombay is-

    all rights of forfeiture and esclieat, i11 respect of want of heirs orrepresentatives, or of felonies committed, or otherwise in respect ofattainder. . i

    ' 1.11.. As between such: refitpays.rs a,~ld;oth,er.p&rsons;uc h extiiibguishrnent bhall'onure for the benefit of the:peribnb b6fieficiiilly elititledto the lands thereby affected, and:not of anpnlere Tr ~ s t e ek:btberp,erson'in w,hoin the legal estate oilly is or may be vested:

    IV. Nothing berein contailled shall exempt such lauds from &illgliable to ally future general taxes on lai~dn Bombay, ar froin being sub.ject to Act XXVIII. 1839 and Acl,XV',If 1850.

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    V. A.fter the said first day of J u l y a s : ~ ~ ns shall be conveniellt,the Governor of Bombay in Council.shall appoiixt fit persous, .not exceed-i.ng five in rnrnber, to .be Co.n~missioner~nder this Act, for th,epurposes'hereinafter lllelltioned (with such 'salaries or remuneration. as to the saidGovernor in Couilcil shall seem fit) ; any three or four of whom met

    - to get he^, (two being Oscers of Govewment), may do ally act which by

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    AGT No. V l . O F 1851.

    y isor

    bt

    n t,

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    dealbk, iiesignationj remokal or absence of ariy such Coinmissioner, theII Governor in Couacil shall appoint anothei. in his rooin.

    - - VI. A duplicate of the said plans, authenticated by one of the Se-cretaries to the Government of Bombay, shall be lodged with the saidCommissioners and shall form a record of thei#roffice.

    VII. From and after the said fiwt day of July the said Comuzis-sioners shall proceed to estimate the value of the several portions of land

    11 and the improvements thereon comprised in the said plan No. 2, and ofthe expenses whidh will be incurred in executing this Act, and to assessthe amount of such estimate in such way and in such proportions as' tothem shall seem right to and upon the lands mentioned in the said:plauNo&1, and the fund to be raised by such assessment shall be denominat->ed the cc Poras Land Assessment Fund?'; and foir the purpose of fram-ing such. estimate and makitig saoh ilsskd1]2e.p-t! he said Colnrni~siohersmay summon as witnesses any persons whomsoever, whether interestedor not in the said latlds, and examine them.on oath or otherwise as-theymay see fit, or proceed upon a mere estimate, according to t he best oftheir judgment, without evidence.. VIII. Any persol1 summoned as a witness, and refusing or withoutlawful excuse neglecting to appear and give evidence according to theterms of the summons may, on proof thereof, be fined by any Magistrateof Police for every default a sum not exceeding tell Rupees, to be paid tothe said Cornrnissiol~ers, or the said Foras Land Assessment Fund, andinay be committed to prison in default of payment.

    IX. The said estimate and assessmellt wheil completed shallbe signed by the said Commissiol~ers and form a record of their

    t .

    X. After

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    ACT No. VI. O F 1851.X . Afterthe completion of the said estimate the said Commissioners

    shall make out and siga certificates, which shall, by numbers, or insuch other way as to the said Commissioners may seem more convenient,refer to the several portifonsof land mentioned in the said plan No. 2,and shall show the estimated value of the land and improvements there-on to which the same refer, which certificate shall give to the holdersthereof a right to demand payment of the sums for which the same arein the body of the same expressed to be granted, from and out of thesaid "Foras Land Assessment Fund," after the said Cornmissioners shall,by public advertisement in the Bo~clbay Government Gazette, haveadvertised that they are ready to redeem the said certificates,

    XI. The persons who shall have bee11 the rentpayers to the saidCompany on the said first day of July of any land mentioned in thesaid plan No. 2, or their representatives or assigns shall be entitled tobe the first holders of the certificates relating to the same lands.

    XII. When the said certificates shall have been completed, the saidCommissioners shall distribute the certificates to the persons entitledthereto ; or, if it shall appear to them doubtful to whom any certificateshould be delivered, may deposit i t with the Prothonotary of the Su-preme Court of Judicature established at Bombay by Royal Charter,which Court may adjudicate upon the right to every certificate sodeposited, and may direct how such right shall be tried.

    XII.1. The delivery to any person by the Commissionersof any cer-tificate shall not confer upon hirn any right to retain the same as againstany person having a better title themunto, who shall be at liberty tosue for and recover the same, and all beliefits thereto belonging, inthe said Supreme Court, by such proceedillg as the said Court shalldirect.

    1 When

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    ACT No. VI . O F 1851.

    n XIV. When the said assessment &all have been completed, theCommissioners shall give notice thereof in the Government Gazette, andafter the expiration of three weeks next following the publication of suchnotice shall proceed to collect the assessments, and if necessary to levythem by distress and sale of any goods found on the said lands, or bysale of the lands assessed ; and the said Conlmissioners shall keep ac-counts of the sums received for assessment, and pay the same from timeto time into the Bank of Bombay.

    XV. The said Commissioners, subject to the approval of the Go,ver-nor of Bombay in Council, may employ such Surveyors, Accountantsand Clerks as to them shall seem i t , ,and incur such other charges andmake such disbursements from the said $oras ?LandAssessment Fund asmay be necessary fo

    . .XVI. The Commissioners m

    from any person, but any receipt granted by them for the same shall notaffect the title to any lands in respect wher'eof the same shall have beenpaid ;and, when the said Foras Larid Assessment Fund, or such portionthereof as to the said Commissioners shall seem adequate, shall havebeen recovered, the said Commissioners shall redeem the certificates ondemand by the holders thereof.

    XVII. When, on the sale of any land or goods for satisfaction ofany assessmsnt, more money shall be raised than is required to pay theamount to be levied, the Cornmissioners shall pay the overplus to suchperson or persons as shall appear to them to have been entitled to theland or goods sold ; or, if they are doubtful to whom they should paythe same, may pay such overplus to the Accountant General of the'saidSupreme Court, and any persons claiming to be elltitled thereto may

    sue

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    sue for and recover the same sl~ch roceeding in the; said R~lprernf?Court as the said Court shall direot.

    XVIII. The commissioner^ shall not be liable for klle amount sopaid to any person, in case another person having better tit le aheretantoshall afterwards appear, but the same may be ~ccovcrcdrom the pal+ywho received the same or his r6presenBatit.e~' t tlw sui* of the personentitled thereunto.

    XIX. The said certificates shall be trausferrable by endorsement.XX . The s a s Commissioqea, at any time afker the@aidi6st day of

    July may grant a warralrt to ally person or to take.anddelivdr tot h e Officers of the Bombay Government any of the lands menti'oned inthe said plan No. 2; which warrant shall-confer on such person lor pen-sons the same powers and rights which the Sheriff has for executing awrit of possession issued by the said Supveme Court.

    xXI; .Thesaid ~Commissione~.s,ith th e aonssnt ofathe Governorof Bombay ih Council, to be signified in writing upon the said plan N$; bhnder the hand of one:of the Secretaries to the Government of Bornbay,kt any time before the completion of the assessment, may alter fihhe .~lanNo. 2 lodged with the said commissioner^, and corresponding alterations

    be made in the plan No. l lodged with the said Commissioners, andthe Governor of Bombay in Coupcil shall thereupon cause the like alter-'ations to be made in the plans deposited in the Office of the Secretary **the Government of Bombay ; and, if any such alteltations shall be. go'made, the plans so altered shall to all intents and purposes of this Act beMnsidered as the plans referred to by this Act. Provided always that, ifagy iiiffereirce shall at any time appear between the plans deposited with 'tM-Commissioners and the plans deposited in the office of the Secretary

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    A CT No. V f . OF 1851.to the Government of Bombay, the latter sllall be deenl.ed tila originaland authentic plans referred to by this Act.

    XXII. No action at law or other s hd l be broughtin any Court whatever against any C u m m i & o ~ s d e r this Act forany thing done or omitted to be done by him as a Commissioner there-under ;and a certificate in writing under the hand of one of the Secreta-ries to the Government of Bombay shall be evidence that any such actor deed of commission or omission complained of was done by the Corn-missioners in execution of their powers as such Commissioners underthis-a&.

    XXIII. On- he close of the business of the said Commission the'records- Ihereof &a11 become and be made a record of the Bolnbay Go-

    , , IIXITr. Xf, zit the closing of the said Co3nmission, there shouldappear to be any unappropriated balance pf $be,.Id: F Q ~ ~ QandAssess-ment Fund, the same shall be paid to the Municipal Fund of ~ o r n b a ~ ;

    - .and4 i f he said Foras Land Assessment Fund sholxld prove insufficient toanswer the charges upon it, the deficient amount shall be paid from thesaid Municipal Fund, upon -an order ar ~rgerrro be signed by the said~ommissioners,.~... c.o.~~xtewig~ed..y one o f t.be secretari.es. o the . .~~!e r l l -,ment of Bombay. FIBST G ~ D U ~ L E .

    Containing the form which may,be adopted for the Bstiniate>nhen-tioned in this Aot.

    . LNo. in Plan. Quantity in Square Yards. Value including Im -provements.

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    ACT No. VI. O F 1851.. .Asscssmen t.No. in Plan. Quantity in Square Yards. Amount of Ass,essrnent.

    SECONDCHEDULE. *Containing the form which may be used for suminonses for wit- I. ,,./>' '"', ' z 5VIEI. The Tolls, levied ulrrdfkrtlhh Aeti ohd3.1be; deefied pnbliib

    revenue,; but the net proceeds thereof shall be applied wholly to thed ~ d s t h c t b n ,repaii and maintenance of' rbadk a d 6rid@s, wfthifi the 1Presidency in which they are hvied; -

    SCHEDULE.

    . . . . . . . . . .n every four wheeled Carriage on Springs, 2 Rupees.1 On every two wheeled Carriage on Springs (except1 Rupee.Native Hackeries,) . . . . . . . . . . . . . . . . . . . . . . . . . .

    On every Native Hackery on springs, . . . . . . . . . . . . . . . . 2 Annas..n every four wheeled Carriage without Springs, . . . . . . 6 Annas.

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    ACT No. IX. O F 1851.-P as se d by the Hon'ble the Pres iden t of the Council of In di a

    in Council on the l l t h J u l y 1851, w ith the assent oft h e m o s t No b le the Go verno r Genera l o f Ind ia .

    An Act for the preven,&ion,f Gambling in Bombay.years much increased,

    tbiq t h e ~ o w n ndi;:-lawsnow .in force are

    . ..,. *.-.. . < ..Fv...,, -;, . .. .;- ..: c . .. ~ < . 'inadequate. 'ft $s;ehcte&':a@?;&@.~ws; ! : ; ; , % -.. , f ." ,~. . < > '

    I. So much of Article 11.of Title Fifth of a Rule, Ordinance andBegalation -passed by the Governor of Bombay in Council on the l l t hday of April 1827, and registered in the Supreme Court of Bombay onthe 22nd day of.June 1827, as provides that the Court of Petty Sessionsshall exercise jurisdiction over common gamblers who shall not give asatisfactory account of any other means of livelihood, is repealed.

    11. Every pewon who, within the Town and Island of Bombay,shall keep a coinmon gaming llouse, or any room, or other place usedfor the purposes of a common prnin g house, or who shall have thecare or management thereof, or shall in any manner conduct the busi-ness of any such common gaming house, either as Banker, Shroff,

    Croupier

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    ACT No. I X . O F 1851.Croupier or otherwise, shall, on collviction before the Court of PettySessions, be punishable by fine not exceeding One Thousand Rupees,or, in the discretion of the said Court, may be imprisoned withor without hard la,bo14 for any period noh exceeding six Calendarmonths.

    111. And, whereas it may be doubted, whether or not certainhouses or rooms alleged or reputed to be opened for the use of th esubscribers only, or not open to all persons desir&s of using the same,are to be deemed common gaming houses, it is declared and enactedthat, in default of other evidence proving any house, room, or place tobe used as a common gaming house, it shan be enough, in support ofthe allegation in any information or indictment that any house, room, 'orplace'is a &on gaming house, to prove that such house, room, orplace is kept or used for playing therein at cards, dice, or any unlawfulg&me, arid that a b&nkis kept there b j one or more of the playersi i~dusivdf ; f the bthelds, or that the chances of any game playedtherein are not alike favourable to all the players, including, amongthe players, the banker or other person by whom the game ismanaged, or against whom the other players stake, play or bet; andk e r y such house, room, or place shall 6e deemed a ,common gaming. .h i k e . ' . .

    IV . -Every person who shall be found in any such common gaminghouse playing OF gaming with ca~ds, ice, counters, money, or otherinstruments of gaming, or who shall be foundthere present during suchplaying or gaming, or for the purpose of gaming, or who shall be foundgaming with cards, dice, counters, money, or other instruments of gam-ing in any street or public place or thoroughfare within the said townand island, whether playing for any money, wager, stake, or otherwise,

    be punishable, on conviction before the Court of Pet ty Sessions,by fine not exceeding ~ i i eundred Rupees ;or in the discretion of thesaid

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    t ACT No. I X . O F 1851.

    said Conrt, may be itnprisoriecl with or without hard labor for allyperiod not exceeding three Calendar months.

    withf V. Any Magistrate of Police, upon information laid before him on1 oath that there is reason to suspect any house, room, or place within th e

    of

    or

    town

    said

    said town and islalld to be used as a common gaming house, may, byhis warrant, give authority to any Constable of Police in the town andisland of Bombay to enter, with such assistance as may be found neces-

    /'sary, by night or by day, and by force if necessary, any such house,room, or other place, and to take in ta custody all persons whom he finds

    1 therein, whether or not then actually gaming ; and to seize all instru-ments of gaming, and all nioniesand securities for money found therein,t and to search all parts of the house, room, or place \vhich he shall haveso entered, when he has reason to believe that any instruments of gam-ing are concealed ; and to .searcha, 'the persons of those whom he so

    VI. When any cards, dice, gaming table or cloth, or other instru-ments of gaming.are found in any hoase, room; or place of which-infor-matibn' has been given on oath to a Magistrate of Police, that i t issuspected ~f being used as a common gaming house, or about the per-son of any af those who are fdund therein, it shall be evidence, untilthe contrary is made to appear, that such house, room, or place is usedas a common gaming hoase, and that the persons found there ii werethere present for the purpose of gaming, although no play was actuallyseen by the Constable or any of his Assistants.

    VI I . On conviction of any person for keeping or being presentfor the purpose of gaming in any common gaming house, all the instru-ments of gaming found therein shall be destroyed by order of the Court

    of

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    ACT No. IX . OF 1851.

    of Pet ty Sessions, which shall also order all, or any of the securities formoney, and other articles seized, not. heing instruments of gaming, tobe sold and converted into money, and the proceeds thereof, with allmonies seized therein, to be forfeited, or in its discretion may order anypart thereof to be returned to the parties appearing to have been sever-ally thereunto entitled.

    VIII. Any Officer of Police may arrest without warrant all per-sons whom h e may see in the act of gaming in any street or publicplace or thoroughfare in the said town or island, and seize all cards, dioe,counters, and instruments of gaining which he finds in their possession,which, on conviction of any of the parties, shall be destrbyed by orderof the Court.. IX. It shall not be necessary, in order to convict an y person ofkeeping a common gaming house, or of being concerned in the manage-ment of any common gaming house or gaming table, to .prove th at any

    ,'person found playing at any game was playing for any money, wager,or stake.

    X. Any ljerson who shall have been concerned in any unlawfulgaming, and who shall be examined as a witness before the said C o ~ ~ r tof Petty Sessions, on the trial of any person or pelsons for a breach ofany of the provisions of this Act, and who upon such examination shallmake t rue and faithful discovery to the best of his or her knowledge ofall things as to which he or she shall be so examined, and who shallthereupon receive from the said Court a certificate in writing to thateffect, shall be freed from all prosecutions under this Act for any thingdone before that time in respect of such unlawfiil gaming.. XI. Nothing in the foregoing provisions of this Act contained shallbe held to apply to any game of mere skill played at Hotels or Taverns

    licensed

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    ACT No. IX. O F 1851.for, toall

    any

    df

    that

    licensed by the Collector of Land Revenue, and the Senior Magistrateof Police under Act XVIII. of 1840, or in any place of public resort

    I licensed by the Court of Petty Sessions under Act XIV. of 1842.XII. Every person who shall by any fraud or unlawfiil device or

    ill practice in playing at or with cards, dice, or other game, o r in bearinga part in the stakes, wagers or adventures, or in betting on the sidesor hands, of them that do play, or in wagering on the event of any game,sport, pastime, or exercise, win from any other person for himself, orany other or others any sum of money or valuable thing, shall be deemedguilty of obtaining such money or valuable thing from such otherperson by a false pretence, with intent to cheat or defraud such persoilof the same, and.being convicted thereof. shall be punished accordingly.

    . .. . fore the said Court of

    aside or adiudgedby Certiorari into.

    , .XIV. ~ 1 . 1ines imposed under this Act shall be recovered under

    Act 11. of 1839... .

    XV. . The Court of Pet ty sessions shall on conviction have powerto direct any portion, not exceeding one-fourth of any fine which shallbe levied under the provisions of this Act, or any part of the monies orproceeds of articles seized in any common gaming house and orderedto be forfeited, to be paid to an informer, and the balance of such finesand monies or the whole thereof, as the casemay be, shall be applied tothe use of the Municipal Fund under Act XI. of 1845.

    Caloutta, 1851 :-Printed at the Bengal M i l i t a q Orphan Preea, by W. Palmer.

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    ACT No. X. OF 1851.

    P a s s e d 69 the H on 'bk the Pres iden t of the Counci2 qf I n d i a, \ z -

    8 ,

    B .. , in GounciE on the 18th July 1851, with the assent o f- the M os t &ble the Gove rnol- Ge ner al of Zndia.. . .

    : X I I . . When a claim to 'hold Iaild lakiraj, or freeo f assessment,shall be set up under thi s Act, the .Collecto.r. hall in.quire into the claim ;taking such evidence as the claimant may offer, or the public. recordssapply ; and shall report his proceedings in the case for th e considera-tion of the Board of Revenue. If the Board of Revenue are satisfied ofthe ;alidity of th e claim, they shall make an order accordingly, and suchorder shall be final. I f they are not satisfied of the validity of the claim,they shall direct thk Collector to assess the land, leaving the claimantto the Collector's demand in the Civil Courts, as herein provided.

    XI'I. Any person obstructing or molesting the Collector, or allyof his subordinate officers in th e execution of their duty, shall, on con-viction before a Magistrate of the Town of Madras, be liable to a finen o t exceeding five hundred rupees, and, in default of payment, to imm

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    ACT No. XPP. OF 1851.

    prisoi~mei~tn the common gaol fbr a term iiot exceeding six nionths, oruntil the fine is sooner paid.

    XIV . The Collector may punish ally conteinpt committed in hispresence i n open cutcherry or office, by f ine not exceediog two huildredrupees, and, in default of payment, by imprisonment in the common gholfor a term not exceeding one month. From every such order of Ane orimprisonment an appeal shall lie to the Board of Revenue, \vhose deci-sion shall be final.

    XV . The Collector shall act in the execution of this Act, uuderthe usual control of the superior revenue authorities.

    XVI. The ground rents payable to the Eas t India Companyfroin lands in Madras are revenue within the meaning of theAct of Parliament, 21 Geo. 111. Cap. 70; and the Supreme Courtof Judicature established by Royal Charter at Madras has llotany civil jurisdiction concerning the said gr ou i~ d ents, or concern-ing any thing ordered or done' in the assessment or collectionthereof.

    XVII . All actions concerning any trespass or injury committed byany revenue officer, acting under ~ o l o ~ rf this Act, or concerning anyclaim in respect of ally goods taken by, or any monies paid to, any re-venue officer under this Act, or concerning any claim of rent or revenueon the part of the East India Compally under this Act, shall be triedand determined in th e Civil Courts established by the East India Corn.pany, in the Zillah of Cliingleput, llotwithstanding that the cause ofaction in respect of which sucll action is brought, arose, or the defend-ant therein reside, withio t l ~ eimits of the Town of Madras, alld every

    such

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    ACT No. XII. O F 1851.such action shall bc bro i~ghtwithSn six months after the cause of actionarose, and not afterwards.

    XTTIII-. The words "Collector" and ".Board of Revenue" usedin this Act,,shall be taken to meztn any person or persons lawfully ap-pointed. to exercise the powers Gested in the Collector and Board ofRevenue ,respectively under this Act.

    -

    % 2

    Cnlcutta, 1851 :-Printed at the ~ & a lMilitary Orphan Press, by P. Cnrbery.

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    , 'P asse d by the Hon'ble the P ~e ai& rctqf t h C w ~ i l , o f I n d +in Council, on the 21st JTovember 1851, with the asselat

    WHEREASy Section III. of ~ c tO.V. of 1851, it was, aAeng.otderthings, enacted, that the Accountant General of Bengal was authorizedand required from time to time, to dire'ct the Sub-Treasurer to pay, andthe Sub-Treasurer should thereupon pay out of t he monies of the EastIndia Company in his custody, such sums as would be sufficient to payoff and discharge to such persons as should appear to be entitled there-unto as the lawful representatives of th e Intestates and others named inthe Schedules A. B. C. D. annexed $0 the Report therein mentioned,the several principal sums of money which, upon the final adjustment ofthe accounts of their several claims and estates, should appear to havebeen due to them respectively from Sir Thomas Turton, on the 25th dayof February 1848, and to be then still due and unsatisfied :And whereasthe Court of Directors of the East India Company, acting in pursuanceof th e power and authority to them given and reserved by the 44th Sec-tion of an Act of Parliament, passed in the 4th year of the reign of hislate Majesty King William the Fourth, entituled c c an Act for effecting

    . c c an

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    ACT No. XJI-I. O F 1851.. .

    i; :,

    c c an arrangement with the ,East India Company, and for the betterIc c government of His M ~ j e s $ y ' a ~ ~ ~ $ i a n. Territories till Llle 30th day ofig c April 1854," have aignlfied to $& $? i~ dve rno reneral in Council their . -8iI , . :.-g:disallowance of so much of the said third Section of Act No. V. f 1861, %.

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    fop co2Zectifiga Revenue o f E ~ c kn

    ale of the said- '

    gapore and Malacca, It is enacted as follows : . '

    qt~ailtities han one chest ; and t l ~ exclusive right of retailing SpirituousA Liquor6

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    1 .ACT No. XIV. O F l861.

    Liquors and Arrack in less quantities than One Hundred and SixtyGallolls, and of making and distilling Arrack and Spiritoous Liquors ;and the right of selling Toddy and Bang within the Settle- .merit of Prince of Wales' Island, Singapore and Malacca, shall be vest-ed, from time to time, in such persons as the Governor, or other ChiefCivil Authority of the said Settlement, or such public Officer b y himthereto authorized, may license for that purpose, on such conditiolis asmay be determined, either by public or private sale of such exclusive~i'ights.

    111. A.ny person in whom the exclusive right of making Chandooother preparation of Opium for smoking, and of retailing Opium in -

    Smaller quantities than one chest shall be vested, shall be called thec c.- Opium Farmer of Prince of Wales' Island, or of Singapore, or of Ma-

    ''acca, as the case may be ;" aud the person in whom the exclusive rightOf retailing Spirituous Liquors aud Arrack in less quantities than OneHundred and Sixty Gallons, and of making and distilling Arrack and'pirituous Liquors shall be vested, shall be called the " Spirit FarmerOf Prince of Wales' Island, or of Singapore, or of Malacca, as t he case

    -" and the persop in whom the exclusive right of selling Toddynay be,and Bang shall be vested, shall be called the " Toddy Farrnq of PrinceOf Wales' Island, or of Singapore, or of Malacca, as the case may be.''

    1V. The number of Houses or Shops to be severally registeredu"der this A.ct for the retailing, or smoking of Chandoo or preparedOpium, and for' retailing Spiritrious Liquors and Arrack, and for the re-tail of Toddy or Bang, within the said Settlement and places, shall bedetermined, from time to time, by the Governor or other Chief CivilAu tho r i ty of the said Settlement, or by such public Officer or Officers

    he may authorize for that purpose ; and the said Houses or Shops shall, .as their situation and hours for opening and closing, be subject

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    ;

    i m

    o

    -t

    ACT No. XIV. O F 1851.to such Rules and penalties as the said Governor or other Chief CivilAuthority shall, from time to time, make in that behalf.

    V. The Superintendent of Police at each of the Stations of Princeof Wales' Island, Singapore, and Malacca, shall grant to th e keeper ofevery such House or Shop a Licence, which shall contain the name ofthe keeper or keepers, and the situation of the House or Shop, and shallbe registered in the Police Office of the Station in which the same shallbe granted; for which grant and registration the following Fees shallbe paid, that is to say, for an Opium House, Three Dollars ; or a Tavern,Five Dollars ; for an Eating House or Spirit Shop, Three Dollars ; fora Toddy Shop, Two Dollars : and every such Licence may be recalledand cancelled by the Superintendent of Police with the sanction of theChief Local Authority as occasion shall appear to him to require : andevery person who shall open or keep such House or Shop, without hav-ing first obtained and registered such Licence, shall forfeit a penalty notexceeding Fifty Dollars.

    VI. Every .Farmer under this Act, and every keeper of anyHouse or Shop registered under this l c t , who shall sell or exchangeOpium, prepared or unprepared, Spirituous Liquor or Arrack, Toddyor Bang, otl~erwise than for the Coin usually current within thesaid Settlement, shall forfeit a penalty not exceeding Twenty-fiveDollars.

    VII. Every person within the said Settlement, who shall deliverto any servant or labourer any Opium prepared or unprepared, Spiritu-ous Liquor or Arrack, Toddy or Bang, in consideration of wages or hiredue to such servant or labourer, or on any account whatsoever, shall for-feit a penalty not exceeding Fifty Dollars.

    VIII. Evely

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    ACT No. XIV. OF 1851.VIII. very keeper of any House or Shop registered nnder this

    ~ c t , ho shall allow any person to gamble therein, or in whose Houseperson shall be found gambling, shall forfeit a penalty not exceed-ing'Twenty-five Dollars.

    IX. Every keeper of any House or Shop registered under thisAct, who shall knowingly allow any person to be therein, with any k indof Arms or offensive Weapon upon his person, shall forfeit a penalty notexceeding Fifty Dollars.

    X. Every person, other than the Opium Farmer of th e ,Station,who shall make Chandoo or any other preparat ion of Opium for smok-ing withiti the said Settlement, or who shall import thereto any Chandooor Opium prepared elsewhere for smoking, or wlio shal l sell or offer forsale Or purchase, or who shall knowingly have or receive into his or herpossession any such ~ h a n d o o r other preparation of Opium for smoking,shall forfeit, for the first offence, a penalty not exceeding One Hu ndredDollars; for the second offence, shall forfeit a penalty not exceed-ing Two Hundred Dollars ; and for every subsequent offence, forfeita penalty no t exceeding Four Hundred Dollars : and all suchcontraband Chandoo or other preparation of Opium, and the re-ceptacles in which the same is contained, and all vessels andutensils, which have been, or are plainly intended to be used inmaking Chandoo or any other preparation of Opium, shall be seized andforfeited.

    XI, Every person, other than the Opium Fanner, who shall sell oroffer for sale, and also every person who shall buy from any person otherthan the Opium Farmer any quantity of raw Opium less than one chest,save for exportation, shall forfeit, for the first offence, a penalty not ex-ceeding One Hundred Dollars ; or the second offence, forfeit a penaltynot exceeding Two Hundred Dollars; and for every subsequent offence,

    forfeit

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    forfeit a penalty not exceeding Four Hundred Dollars : and all such rawOpiizm shall be seized and forfeited.

    XII. The foregoing provisions of this Act shall not apply to thesale of Opium for Medicinal purposes by recognized Medical Practi-tioners, Chemists and Druggists.

    XIII. Every person who shall import into the said Settlement anyraw Opium in less quantity than one chest, or have in his possession,custody or control, any raw Opium in less quantity than one chest, un-less for the purpose of being exported, shall forfeit a penalty not exceed-ing Pour Iaundred Dollars : nd all such raw Opium so imported or foulldshall be seized and forfeited.

    XIV. Every .person. arriving in any vessel at any of the Ports orHarbours of the said Settlement, who may have on board any Chandoo,or other preparation of Opium, or any raw Opium, in less quantity thanone chest, shall, within twenty-fdur. hours after such vessel shall havecome to anchor, give notice thereof to the Opium Parmer, and shall ap-ply to the Registrar of Imports and Exports, or his Deputy, for a permitto land or deposit the said Opium, Chandoo, or other preparation of Opi-um in his Office, and on obtaining such permit shall forthwith land, andSO deposit the same, where it shall remain till re-exported, unless thesame shall be sold to the Opium Farmer. Any' person having on boardsuch Opium, Chandoo, or other preparation of Opium, as above descrih-ed, and failing to give notice, or otherwise not coinplying with the pro-visions of this Section, shall forfeit a penalty not exceeding Two Hun-dred Dollars, and the Opium, Chandoo or other preparation of Opiumshall be seized and forfeited.

    XV. Every person, other than the Opium Farmer, who shall ex-port any Opium by land, from the said Settlement, shall forfeit a penalty

    B not

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    not exceeding Four Hrmdred Dollars : and the Opium and vessels andconveyances in which it is contained, shall be seized and forfeited.

    XVI. Every person, who shall be desirous of exporting by Sea, orof selling for exportation by Sea, raw Opium, in any quantity less thanone chest, shall deposit a chest containing the customary quantity in theOffice of the Registrar of Imports and Exports ; and whenever such per-son, shall apply for any portion of such Opium to be delivered to him orto any purchaser thereof for exportation, he shall deliver to the Regis-trar of Imports and Exports, or his Deputy, a written Bill of Entry induplicate, expressing the quantity of Opium that is to be exported,and tlie name of the person who is about to export the same, and of thevessel, and of the master, and of the place to which the same is to be ex-ported, aud having also, in case the Opium mentioned therein is to besold for exportation, the name .of the purchaser written on the backthereof; and the said Registrar, Qrhis Deputy, shall the~ eupon ause thequantity of Opium specified in tlie Bill of Entry to be taken out of stzch.chest and delivered to the person who is to export the same, and shalldeliver to such person one of the ~ o p i e sf such Bill of Entry, signed b ythe said Registrar or his Deputy, and having the hour upon which thesame shall be so delivered marked thereon ; and the Bill of Entry sosigned shall be the Exporter's Permit to export the said Opium ; andsuoh chest shall remain in the custody of the said Registrar or his De4puty, until all the Opium contained therein shall have been exported orsold, when the chest shall be destroyed : and every person, who shallcommit a breach of any of the provisions contained in this Section, shallforfeit a penalty not exceeding One Hundred Dollars.

    XVII. Every person who shall receive any such Permit as afore-said, for the exportation by Sea of any quantity of Opium less than onechest, and who shall not, upon receiving the same, forthwith cause such

    Opium

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    he

    or

    n

    he

    be

    he

    b yhe

    nd4

    e

    ACT No. X IV . O F 1851.Opium to be coiiveyed to and placed on board of the vessel mentionedin such Permit, shal l forfeit, a. penalty not exceeding Fifty Dollars, and.the Opium, and the vessels and conveyances in which it is contained,shall be seized .and forfeited.

    XVIII. Every person, not thereunto authorized under th is Act,who shall make Chandoo or other preparatioir of Opium for smoking onboard of any vessel anchored or being within the limits ofthe jurisdictionof the Court of Judicature of the said Settlement, or in whose possessionany such Chandoo or prepared Opium shall be found on board of suchvessel, shall forfeit a penalty not exceeding One Hundred Dollars, andall such Chaiidoo or prepared Opiulli so made or foui~d, hall be seizedand forfeited.

    -2 .+

    XIX. Every person, who shall sell or buy or have i11 his possession-save for the pu ~p ps s f;k~p~ortationn d r Seetion BYH. of this Akt, onboard any vessel anchored, or,being within the. limits of the jurisdictionaforesaid, any raw Opium in a idss. quanti ty than one chest, shall forfeita penalty not exceeding One Hundred Dollbrs : and all such raw Opiumso sold or bought, shall be seized and forfeited;. XX. Any Justice of the Peace within the iaid Settlement, uponth e information upon oath of any person, that he has good cause to be;lieve that there is on board of an y vessel anchored, or being within thelimits of the jurisdiction aforesaid, any contraband Opium or Chandooor raw Opium, may issue his Warrant, in the form of Schedule (A) tothis Act annexed, or to th e l ike effect, aothorizing the Opium Famer, oaany Revenue Officer duly appointed under this Act, or any Peace Officerto go on board of such vessel, and to make search for, and to seize suchOpium or Glrandoo, and to bring the ~ f fende r r offenders in whose pm.session, custody or control the said Contraballd Opium or Chandoo

    raw

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    raw Opium shall be found before a Justice of tlre Peace, to be dealt witlnto this Act..

    XXI. Every person, other than the Opium Farmer or keeper o f aOpium Shop, who shall sell Tyn-Chandoo or Opium-Dross

    mixed with Opium, sllall, for the first offence, forfeit a penalty not ex-ceeding One Hundred Dollars; for the second offence, shall forfeit aPenalty not exceeding Two Hundred Dollars ; nd for every subsequentOeence, shall forfeit a not exceeding Four Hundred Dollars.

    XX11. Every keeper of a Registered Opium Shop who shall sell,OP have in his possession, any Opium or Chandoo other than sue11 as"hall have been bought from the Opium Farmer, shall, for every suchOeeoce, forfeit a penalty not exceeding One Hundred Dollars.

    XXIIP. Every person, other than the Spirit Farmer of the Station,who shall 'import into the said Settlements any Spirituous Liquor or4ppack, shall, before landing such Spirituous Liquor or Arrack, or anyPart thereof, eliver to the Spirit Farmer, a Bill in which shall be speci-sed the name of the vessel, the qiia.ntity and kind of the Liquor, and tllo

    where the same is intended to be stored ; nd; if such Liquor is in- eQded to be used or c ~ n s ~m e c ln the Hous e of the Importer, he shall,at he same time, pay or secure.to the Spirit Farmer, the a~rnof Fiftyc for every gallon of such Liquor, or if in bottles, the sum of Fift,yc "nts for every four quart bottles, and a proportionate rate for any quan-

    less than one gallon, or less than four quart bottles so to be landed;the Spirit Farmer shall thereupon in either case, if the application

    ~~d u a d e between the hours of six in the morning and six in the evening,=live, to such person a written Permit to land the same; and, every3? erson w h o s l~al land any such Liquor without having first delivered=**cb , 111, and paid & tendered such suln when payable, and also every

    Spirit

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    ex-

    as

    nyhe

    ;

    ACT No. XIV. OF 1851.Spirit Farmer, who shall refuse to give such Permit without good causeshown, shall, for every such offence, forfeit a penalty not exceeding OneHundred Dollars, and all such Liquor, landed contrary to the provisionsof this Section, and the vessels and conveyances in which th e same is'contained, shall be seized and forfeited. ,

    XXIV. Every person, other than the Spirit Farmer, or a personduly licensed as hereinafter mentioned, who shall sell within the Settle-b e n t of Prince of Wales' Island, Singapore and Malacca, otherwise than'for exportation, any Spirituous Liquor or Arrack in a less quantity than'One Hundred any Sixty Imperial Gallons, or, if sold in bottles, in a less.quantity than fifty dozens of quart bottles, without first tendering andpaying to the Spirit Farmer a sum of Fifty Cents for every Gallon, or forevery four quart bottles of such Spirituous Liguor:or 'Arrack, and a pro-portionate rate for any quantity less than one Gallon, or less than fourquart bottles,dshall forfeit a penalty not exceeding: One Hundred Dollar$and all such Spirituous Liquor or Arrack, and the Vessels in which th e'same is contained, shall be seized and forfeited. 7

    XXV: Every person, other than the Spirit Farmer, who shall re-.move or cause to be removed any Spirituous Liquor or Arrack from oneHouse, Shop, Godown or other Building to another, or from the posses-sion of one person to that of another, without having first obtained fromthe Spirit Farmer a written Permit, hereinafter described, to remove thesame, shall forfeit a penalty not exceeding Fifty Dollars : and all suchSpirituous Liquor or Arrack so removed, and the Vessels in which th esame is contained, shall be seized and forfeited.- XXVI. The Spirit Farmer shall, on the application of any person;(if made between the hours of six i11 the morning and six in the evening,)grant a written Permit for the removal of any Spirituous Liquor or

    C Arrack

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    ACT No. XPV. O F 1851.,An:ack (provided the same be not sold contrary to the provisioas of this

    I Act,) which Permit shall describe the quantity and kind of Liquor F*I qu ikd to be removed, and the name of the person about to remove thesame, and the places from and to which the same is to be 1-emo*ed3and

    the time during which such Permit is in force : and every Spirit Farmerwho shall, without good cause shown, refuse to grant such Permit, shallfm.feit a penalty not exceeding One Hundred D01,lars.

    XXVI I . The Spirit Farmer may enter the Warehouse, G ~ d o w wor Premises of any person wherein are ltept any Spirituous Liquors orArrackhot 'contained in bottles, and take an account of the quantity ofsuch Liqliors, and notice 'any leakage of the same, and giiuge, and 'other-wise examink the same, at any time between the hou'rs of eight in t;hemorning and five in the eveniag, upon 0btaining.a Warrant so to do,under tge hand of any Justice of the Peace, which Warrant such Just&is authorized to grant whenever he shall see cause so todo.

    XXVIII. The keepers ' of all Taverns duly registered under thisAct may sell to the inmates, customers, or frequenters thereof, SpirituousLiquors, so that the same be drunk within such Taverns; and.evevkeeper sf any such registered Tavern who shall sell any SpirituousLiquor otherwise than is herein provided, shall forfeit a penalty not ex-seeding Fifty Dollars.

    xXIX. Every keeper of any Eating House or Spirit Shop regis-tared under this Act, who shall serve, supply or sell to the customers,inmates, or frequenters thereof, any Spirituous Liquor or Arrack, other,than such as shall have been bought by him from the Spirit Farmer,shall, for every such offence, forfeit a penalty not exceeding Fifty Dollars.

    XXX. E ~ e r ypirit Farmer, and also every keeper of a registeredEating Rouse or Spirit Shop, who shall knowinglysell or deliver to any

    European

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    ACT No, XIV. OF 1661.

    European or Native Soldier any Spirituous Liquor or Arrack, withouthaving an authority in writing so to do from the Commanding Officer afsuch Soldier, shall, for every such offence, forfeit a penalty not exceed-ing Fifty Dollars.

    X X X I . Every Spirit Farmer, or other person, who shall sell oroffer for sale any adulterated Spirits or Spirits distilled from Neepa, shallforfeit for every such offence, a penalty not exceeding Four Huiidred

    ., s r , r

    X X X I I . From the passing of this Act, whoever, being 8 Manu-facturer of Sugar in the said Settlements, shall be desirous of having aDistillery .at his Sugar Manufhctory, for making, or distilling, or rectify-ing, or compounding Spirits or Arrack, shall apply in writing to theSuperintendent of Police'of the;St ~ t i o nr place within which such SugarManufactory is situated, for a Eioence, .and in such application shall b~

    plic&nt,ithe situatian of his Manafactory, andthe number and size of the Stills %he s desirous of keeping ; and theSuperintendent of Police shall grant such Licence, renewable every yearunder his hand and seal, to th e applicant, on payment of a fee of TenDollars, and such Licence shall be registered in the Police Office of suchStation or place.

    X X X I I I . No licensed Distiller shall be at liberty to sell to anyperson other than the Spirit Sarmer, or to sell, send out of, or deliverfrom his Distillery, for exportation, any Spirits or Arrack in a less quafl;tity than One Hundred and Sixty Ixnpenial Gallons, or, if in bottles, ih aless quantity than fifty dozens of quart bottles ;and every licensed Disctiller who shall sell, send out, or deliver from his Distillery, any Spiritsor Arrack, (except as aforesaid,) shall, for every such offence, forfeit a

    4 penalty

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    ACT No. XIV. O F 1851.

    penalty not exceeding O n e Hundred Dollars,: and all such Spirituoiis'Liquoi-s or Arrack, and the vessels in which the same are contained, shaltbe seized and forfeited. . . ,

    XXXI'V. Every person, other than th e Spirit Farmer or a licensedDistiller, who shall make, or distil, or. rectify, or compound, any Spiritsor Arrack, or shall'keep or have in his possession any Still or other Utensilor,Apparatus, for distilling, or making, or: rectifying, or ,compounding.,Spirits or Arrack, shall, for every such offence, forfeit a penalty-not ex-ceeding One Hundred Dollars: and all such Spirits or Arrack, andevery such Still or other Utensil or Apparatus, shall be seized and for-feited, but nothing conCained in - his or any other Section shall be con-'strued to extei ld to distillations for medical or scientific purposes.

    XXXV. Every person, other than the Spirit Farmer, who shallmake gr distil Samsoo or Spirits distilled from Rice, in the said Settle-ments, or who shall keep or have in his possession any Still or other iUtensil or Apparatus for distilling or making Samsoo, shall forfeit apenalty not exceeding One Hundred Dollars : and all such Samsoo, and i!every such Still or other Utensil or Apparatus, shall be seized and for-

    3.

    XXXVI. No person shall land Samsoo, or Spirits distilled from@ice, inVa11ypart of the said Se~tlemcnts,exccpt for the purpose ofselling the same to the Spirit Farmer; and every person who shall landany Samsoo in any part of the said Settlements, except fo r the purposeof selling the same to t h e sp ir it Farmer, and also every person, who shallsell any Bamsoo to any person other than th e Spirit Farmer, shall forfeita penalty not exceeding One Hundred D.ollars : and all such Samsoo andthe vessels in which the same is contained, shall be seized and forfeited.

    XXXVII. .All

    ___ - ---A - --- -.I

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    d

    ?-

    d

    r'd

    -

    B14CT No. XIV. O F 1851.

    XXXV I I . AllSpirituous Liquor or Amack imported, landed, re-moved in, or exported from any part of the said Sett.lements on account.of H er Majesty's Government, or t he Government of the Ea st Indi aCompany, ,is exempt from the operation of this Act.

    XXXVIII. Every Owner, Renter, or Occupier of any land whichproduces Toddy or Bang, and also every other person, other than theToddy Farmer and the keepers of the registered Toddy Shops;, who,shall sell any Toddy or Ba ng within the said Settlements to any person

    )i other than* o the Toddy Farmer, shall forfeit a penalty not exceedingOne 'Huidred Dollars, and all such Toddy or Ban g shall be seized andforfeited ; but this enactment shall not be deemed to forbid Bakers.from using in their Bread Toddy, the produce of their own Estate orPlantation.

    XXX IX . Every*person,. other than the Owners, Renters, orOccupiers of lands which pi'odnke Toddy or Bang, who shall havein his possession any Toddy or Bang, unless the same shall be dulyproved to have been bought 'from the Toddy Farmer, or from thekeeper of a registered Toddy Shop hereinafter mentioned, shallforfeit a penalty not exceeding Fifty Dollars: and all such Toddy orBang, and the vessels in which th e same is contained, shall be seizedand forfeited.

    XL. Every keeper of a registered Toddy Shop, who shall sell toany person, or shall have in his possession ally Toddy or Bang, unlessthe same shall be duly proved to have been bought from the ToddyFanner, shall forfeit a penalty not exceeding Fifty Dollars : and all suchToddy or Bang, and the vessels in which the sarne is contained, shall beseized and forfeited.

    D XLT. Every

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    1ACT No. XPV. O F 1851.

    Justice of the Peace, upon the oath of any party, good and snfficieotcause to believe that in any S I J C ~Dwelling-house, Shop, or otherBnilding is concealed or deposited any article subject to forfeiture underthis Act, and to seize and take possession of any such article found to beconcealed or deposited therein: and to arrest and take any person, orpersons, being in such Dwelling-house, Shop or Building, in whosepossession, ctistody or control any such article may be found, or -whomt&e said Otficer, or OfEcers may have good and scrfficient reasw tqsuspect hwl concealed or deposited therein any such artiolo, apd anxOfficer to whom such Warrant shall be directed may, ip case of - esist7P - - , -ante, break open any door of such Dwelling-house, Shop or otherBtiildifig, and remove by force any other obstr~tction o such entry,search, seizure and removal as aforesaid.

    XLIV. I f any person shall be found oommittiag any act. in breach. .of this >Act., o r i f ,any i'Pet&w: :EleQeaue.Qffi&< shall haye, , . - . .. ; . . .. . :cause to believe that +any pel~ on as o~~~cealadup& his pers,on :any.

    .ar~ic le ubject to forfeiture under this Act, such Peace: or RevenueOfficer may immediately arrest. such- , etson witho.ut a 'warrant,>.. ..,qq$. .shall thereupon immediately take snch person before solne neigh-

    + bouring Justice of the Peace, who shall determine. i f , here .be rea-sonable grounds of suspicion, ,and such Justice may direct such persoa.to be immediately searched : and every person who sha l l obstruct..any such Officer in making' any such arrest as aforesaid, and . also1.. .every Officer who shall ilot immediately take any person so arqegted.... . . .,beforea Justice of the %ace, shall forfeit a penalty not exceeding FiftyDollars,

    XLV. Every Peace or Revenue Officer who shall ma)ieiously andiI without reasonable grounds arrest or detain ally person on the plea that- 4i such

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    L

    ACT No. X IV . O F 1851'.. . .~ l l ~ . l ~ersdn lrath iofringed any df the provisio~ls f this Act5shal l forfeit

    a,'pellalty not exceeding Fifty Dollars.XLVI . NORevenue Officer shall be c o l ~ l ~ ~ t ~ i to act und.er the

    $fovisions of this Act, ualess heshall be:appointed ~ ~ ~ ~ i ~ l l po do inwriting by t he Governor or otller Chief Civil Auth0rit.y of the Stationi* which suc h Revenue officer is required fo'act ,which authority shall . ..be duly registered a t the ' Police

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    dule D. to this Act aunexed, or to the like cff'ect, may conimit theoffender to prison, with or without hard labour, for any period no texceedi~rgwo calendar months, where a pecuniary penalty of Twenty-fiveDollars can be imposed, and in the same proportion for any greaterpenalty which can be imposed. Provided always that in case it shallappear to such Justices by the confession of the offender, or in any othermanner, that he has no goods whereon to levy such distress, then and inevery such case it shall be lawful for such Justices, if they shall deemit fit, instead of issuing such Warrant of -Distress, by Warrant undertheir hands and seals in the form of Schedule E,o this Act annexed, orto the like effect, to commit the offender to prison, with or withouthard labor, for any period not exceeding two calendar months, where apecuniary penalty of Twenty-five Dollars can be imposed, and in thesame proportion for any greater penalty which can be imposed. Pro-v i d e d . : a k a ~ s , .hat in no - case: shall t h e erm . of ilrrprisonrnent exceed

    , . . .wo years. : . : . ;- . < .a . :. ~, :. ,.; , . , . . ( . . : . I . 4 . . . : '

    XLIX. All convictions under this Act may be in the form of Sche-dule F. to this Act annexed, or to th e like effect, and no ~oiiv ict ionshall be quashed or se t aside for want of form, or be removed byCertiorari or otherwise into H e r Majesty's Superior Court of Record, andno conviction shall be quashed or set aside except for error of lawapparent upon the face of such conviction, and no Warrant of Comn~it-ment shall be held void by reason of any defect therein, provided it betherein alleged that th e party has been convicted, and there be a validconviction as aforesaid to sustain the same.

    L. I n all Sectiolis of this Act in which the Stations of Prince ofi Wales' Island, Singapore or Malncca, or any or either of them areI, , E inserted,

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    *ACT No. X I V . OF 1851.

    inserted, aM places-attached to, or dependent on the said Btations res-pectively shrill betaken to be* ncluded.

    LI, This Act shall commence and take effect from and after the1st day of Max,1852.

    SCWDDLE A..Form o f. Search W ar ra nt .under . Section XX,

    prince of ' wdks' ' To .the Opium Farmer or any Revenue Officer .duly appointed underIsland. the Act XLV. of 1851, or any Peace Officer. I

    Whereas it appears to me A. B., ne of Her Majesty's Justices of the Peace for thesaid Settlement, by., he information on Oath of C. D. of that he hath good Wcause to believe and doth believe that there is on board the Vessel Inconstant anchored,or being within the limits of the jurisdiction of this Settlement, Contraband 03jium,Chandoo or Op ium. These are, therefdre, in the name of our said Xady the Queen, toauthorize and requiie you, with necessary and 'proper Assistants, to go on bbard andenter in th'e ddy time into the said 'Vessel,: an d there diligently*to sertrch'for the said~cohlzkabond ~O jiium;C%&ndooor raw Opium,,and if the same shall be6 found upon suohJ- q * . -search, that you bring the said*contraband Opium, Chandoo w raw Opium and .also thebody or bodies of the offender or offenders, in whose possession, custody or control thesaid'6 ~ o n k a b a n d pium,. Chandoo or,,raw Opium shall. be fouhd, before me or some otherJustice, of our. said, Lady the. Qpeen, as~igned o keep the peace in this Xettlemend , t ~be L&sppsedof and dealt with according to law. Given under myc and and seal, at PriQGfi Qof Wales' Islaad, the 1st day of June in the year 1852.

    (Sd.) A. B.Justice of the Peace.

    (The words, letters and figures in Italics, in this Schedule, to be filled up accordingas the case may be, and the blank space therein, witli the description of the informant.)

    6 ,

    SCBEDULE B.Form of Search W arr an t under Section XLIII.

    P~ inc e !of . Wales' T o he Peace Officer or Officers within this Settlement, or. to-theIsland. , Revenue Officer or Officers appointed according t o the provisions of. . . aXLVI . ~ e c t i o if A C ~ IV. of 1851; Whereas

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    ACT No, XIV. O F 1851.Wljeress it. . ppearm; to me A'.?;, one of IIcr NJesty7s Justices o f the pea& fur . the

    said:;Selfieme&,:by the informrobion on O ath! -of -aD. \oQ the$ he has.t o elieve ,..and. oth befieve thak :Azkicles, 8 u b j . e ~ ~o. forfeiture ;under .t he provis.ionsof ActXIV. of 4851. $areconcealed lor deposited ia j$ he Dw ellifig H ouse, 8hcp or ogher Buil din gof,a..:F:f in -t he said Xettlement; These are, therefore, in the name of.our saidLady the . Queen,; to, authorize and req uiw - .y o q i kith :necessary and proper assistants, toen&r inl$he,dagr.itime!ihb.-$heid.&elEing:.Bowe,... Shop ,or other.B&ildimgof -th e said.a:;fiind tbWe aigenhly ;tos e a ~ , & . : f & t h e . ~ a i d .aticles,: and - also - t o authoPi-zea n d ?e-;

    ' 9qu&gou.,. ifaiP ho e O f fi ce~ ,~and - ifo t i in the+resence of a P W e Ofacer to en ter in th enight iane,that,:is sa E, a t any.:tiznehetw een tbe. hours o f 6 .o'0lbok -in :.the eveningand;64n' t h e i f o & ~ n g : orning)kto the s ai & . h e l l k g m%~e,hop, o r other -..BiziIdingo$ the said ;E.;F., nd :th~re.?diilgantly t o sear6h f o~ ,t he ,- sa id r tile s,- a ~ df t h e , sa me

    :beT ~ q ' : : . u p p . s h .sw.cqh;. ha t ;you! seize.:and:.ake .possession -of - the sa;id ar ti c l~ s'a ~ . :4u'nd,~and:also.~~the~:bady;.o~od& o any- person~ ~m gersonseing in -the.said 123we.IZIngHouse, S h ~ pr;a~AeactBiIding,in.:whoserpossession. custody or c o ~ t r o lny-such articlesmay be fouhd,,or whom you m g. ba ve ; good an d .sufficient reason to - suspec6' had con-cealed or deposited therein any such article, before me the said A. 23. or some oth er ofthe Justices of our said Lady the Queen assigned to keep th e peace in th e Settlem ent&resaid, to be disposed of and de alt wi th according to law. Given under my hand andsed, t ~ rirince f?@ileB7 41sland, he 1st day of J u n e in the ye ar 1852.

    (Sd.) A.' B.,Justice of the Peace.

    (The words, letters and figures in Italics, in this Schedule, to be filled up accordingas th e case may be, and th'e first blan k space therein w ith th e description of th e informantand the second blank space therein with th e description of the party whose house, shopor building is to be searched).

    -.,.SCHEDULE C.

    Form o D&tress .Warrant,. P h c e of Wale's' To .t& &acei ~ff ice rsi, r to any Peace Officer-of-the said Settle-Island., ment;.

    Whereas A; B;.of :. has:.been on the 1s t day of Ju ne 1852, dulycmvichd .before;-us,.C. D..:.andE. F., two. of -H er Majesty's Justices of .the Peace .fop-+he

    said

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    -?-_

    P

    f

    ACT No. X IV . OF 1851.said Settleme.@of the oft'ence of : ' against ~ t l ~ eorm of the -Act.XfP.of1861iia that case made and provided, and was thereupon .adju*d&d by us that .he the.saidA. ;B.had forfeited the sum of Dollars for the offehce aforesaid, and whereas the'said,.A. .B.being required to pay the said s u n i hath not' paid the same, but therein hasmade default. These:arc. o corrimand to distrailithe Gods and Chattels 'of the- aid,A. B., which may be' found within this Settlement, to the amount of the said sumandsuch further sum as may be sufficient t o defray the charges of making such distress, and.if within five 'days next:after :saoi- istress the :said sum, together with the reasonablecharges for taking and keeping the said -distress,'shaU'riot.bepaid; to sell the 'said Goodsand Chattels, apd haying paid rout of the money arising b y su'ch sale'the said sum of . .. . . Dollars .to us. to. .be ,applied.: ccordiizg- to the ptotisions

    .of the ' said Act:XIV. -of:

    1,851,. . and having deducted tfle:nec:essary charges of 'Gkkig,'eeping and selling the said.&stress, t o . .eturn the overplus, if any, ~n demand tPthqi. Parson whom you shall find in -.

    ossession of t he said Goods,and ~hatteds, nd. if no.-@c% distress can be made that thenp ,. .?. . . . . . . . . . . . .y y ,Certify the.same. . unto us. o the end that such further pr6ckedings-may be 'had there- . .on as to the law dab appertgig; , Given under our :hands :and.seals,. this 2nd :day of

    . . . . ....:. ,. . . . . . . . .: . .stic ices of the. Peace.(The words, letters a i d figures in Italics, in this Schedule, to be filled up according

    as the case may be, and the first blank space therein with the bescription of the partyconvicted, the second blank. space therein with. -aStatement:of:the. , . ,off?nce committed,. . . and. . . . .: . ,the third and fourth blank spaoes~herei.n.~ith.the..amvuqt. . . . . . . . . . ; ~f.. Doll&&. . . orfeited,) ,, ,

    . .SCHEDULE D.

    Form o -Commifment.Prince of ~ a ~ e s ' To the Peace Officers,or any Peace Officer and the Keeper of the

    Island. Prison of the said Settlement.w h e r e ~ s . B. of * was, on the i s 8 day y. of June ,1858, duly con-

    victed before us C. D. and E. 3'. two of the Justices of the Peace for the said Settlementof the offence of against the form of Act XIT. f 1851 in that casemade and provided, and wts thereupon adjudged by US that he the said A . B. hid

    forfeited

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    d

    nn

    of

    d

    con-t asehad

    ACT No. X IV . OF 1851.forfeited the sum of Dollars for the offence aforesaid, to be commuted in case ofnon-payment of the said sum to imprisonment for with hard labour.And whereas we have issued a Distress Warrant to levy the amount of the said sumby seizure and sale of the Goods and Chattels of the said A. B. within our jurisdiction,and no Goods and Chattels of the said A. B. have been found within such jurisdiction, andthe said A . B. had not yet paid the said sum, but therein had made default. These are,therefore, to command you, the said Peace Officers or Peace Officer, to take the saidA . B. and him safely to convey to the prison of the said Settlement, and there to deliverhim to the said Keeper thereof together with this precept. And we do hereby commandyou, the said Keeper of the said Prison, to receive the said A. B. into the said Prisonthere, to imprison him wi th hard labour for the space of Given under ourhands and seals, at Prince of Wales' Island, this 3rd day of J u n e 1852. C. D.,

    B. F.; *Justices of the Peace.

    (The words, letters and figures in Italics, in this Schedule, are to be filled in accord-ing as the case may be, and the first blank spa.ce therein with the description of the partycommitted, the second blank space , ,herein with a Statement of the offence, and the third

    I . . ,blank space therein with thk amount of D o l l a ~ ~forfeitcid, and the fourth b l a ~ k pacetherein with the period of imprisonment.)

    SCHEDULE E. I ,For m of Commitment wh en i t appears that the o fender has rio ',Goo& wh eregn to levy

    a distress. ,Prince of Wales' To the Peace Officers, or any Peace Officer and the Keeper of theIsland. Prison of the wid Settlement.

    Whereas A. B. of was on the 1st day of J u n e 1852, duly con-victed before us C. D. and E. F. two of Her Majesty's Justices of the Peace for the saidSett lement of the offence of against the form of Act XIV. of1851 in that case made and provided, and was thereupon adjudged by-us that he the saidA. B. had forfeited the sum of Dollars for the offence aforesaid, to be commuted incase of non-pa.yment of the said sum to ixnprisonment for wi th hardlabour, and whereas the said A. B. hnth not paid the said sum, but therein hath madedefault, and it appears to us that the said A . R. has no Goods or Chattels whereon to

    F levy

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    Ii AGT No. XIV. OF 1851.I1 levy a. di&ess. These are , the~ efm e, o command you, the said p e a e 0 .fficers o r PeaceOmo&, t o take the said A. B. an d him: safely t o convey to: the Briaon of th e s a i df 'I set,$Fe&&,and there to: aeliver hi.m to t h e said Keepel. to ge th e~ this.preceph,11 ws do hereby, command. you,. th e said K eeper of the said; Prison, i o receive th e said

    A. B. i :n t ;~he said: Prison, there t o imprison him. with hard Iladaou~or the.space of.Giyen under: our hand s' and sea l4 :at Prince ofWaialesl sland, on th e said 1stday

    of June 1852. C . D ,E.F.,

    Justices oE the Peace.(The words, letters and figures in Italics, in this Schedule, are to he filled in accord-

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    ACT No. XV . O F 1851.

    P as se d by the IZonYbL he Pre siden t of the Council of In diain Council , on the 21st N ovember 1851, w i t h the assento f the M ost N ob le the G overnor Genera l o f In d ia .

    An Act for the better suppression of frauds in respect ofCotton in Bombay.

    For the better suppression of fraudulent practices in the CottonTrade in Bombay, I t is enacted as follows: .

    I. Any person who, in the Islands of Bombay or Colaba, shallfraudlilently mix Cotton of a good and bad description or quality in onebale, usually termed false packing, shall be deemed guilty of a misde-meanour.

    II. Any person who, in the Islands of Bombay or Colaba, shallfraudalently deteriorate Cotton by exposing it by night to heavy dews,or by putting with it uncleaned Cotton, commonly called Kuppas, or bymeans of dirt, stones, earth, water, or any other.s~ ibstance, r liquid, orwho shall in any other way fraudulently deteriorate it with the view ofmaking i t heavier, and packing it in that state,, shall be deemed guiltyof a misdemeanour.

    111. Any

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    , I4 1 I ACT No. XV. OF 1851.1 : '3 , 111. Any person who, in the is lands of Bombay or Colaha, shall

    I fraudulently sell or offer for sale under false sample, or otherwise, anyCotton mixed, or adulterated, as in the first and second Seations of thisAct mentioned, shall be deemed guilty of a misdemeanoor.

    IV. Any person who, in the Islands of Bombay or Colaba, shallknowingly and wilfully have in his possession any such mixed or adul-terated Cotton as aforesaid, with a view to any fraudulent sale or dis-position thereof, shall be deemed guilty of a misdemeanour.

    V. Any person committing a misderneanour against this Act shallbe tried summarily for the same before the Court of Pe tty Sessions a tBombay, and on conviction shall be 1iable.to a fine not exceeding RupeesOne Thousand, or imprisonment, with or without hard labour, not exceed-ing twelve months, and at th e discretion of such Court to both fine andisiiprissnmo~t Pro:lided always, that it shall be lawful for the Chairmanof th e said Court to commit, or hold to bail, any person charged withany misdemeanour under this Act to take his trial in the Supreme

    All Cotton in the Islands of Bombay or Colaba, which shallbe fraudulently mixed, as mentioned in the first Section of this Act, orwhich shall be fraudulently deteriorated as mentioned in the secondSection of this Act, shall be liable to bonfiscation.

    VII. The said Court of Petty Sessions, upon credible informationon oath of any Cotton liable to confiscation under this Act being inBombay or Colaba, may order th e seizure thereof, and the Chairman

    such Court may issue a warrant -for searching for, and seizing th eme, and upon the same being paved to the satisfaction of the said

    -----

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    fiys

    hall

    dis-

    shall

    shall

    econd

    ACT No. XV. O F 1851.

    Court to be liable to confiscation, may order th e confiscation thereof,whereupon the same shall be confiscated, and the said Court of Pat tySessions shall cause an intimation of every such corlfiscation to beforthwith given to th e Collector of Customs at Bombay, who shallforthwith cause a valuation of the confiscated Cotton to be made, an dfurnish th e same to th e said Court of P et ty Sessions, who shall there-upon make over th e confiscated Cotton, with th e traluatioil thereof, toth e Bombay Government, and the said Government shall keep the saidconfiscated Cotton, and shall from time to time export t h e same to

    t Europe, to be there disposed of as adulterated or deteriorated Cotton.

    mation

    thee saidCourt

    VIII. All fines, levied and recovered under this Act, shall be paidinto th e General Treasury at Bombay.

    IX. Th e said Cour t of Pe tt y Sessions as to any fine paid to suchCourt, or Cotton confiscated by its order under this Act, and the Su-preme Court as to any fine on conviction in suoh Court, respectively, mayaward the whole or a ny part of the fines recovered, and any portion ofthe valuation by th e said Collector of Customs of confiscated Cotton, notexceeding two-thirds of the amount of such valuation, to be paid to theinformer or informers, whose information shall have led to the convictionof th e offender, or confiscation of the Cotton respectively, and may grantsuch informer or informers an order on the General Treasury at Bombayfor the amount so awarded.

    X. Nothing in this Act shall affect the Civil rights of any partiesdefrauded by any offender against this Act, but they may sue for th esame as if this Act had not been passed.

    -Calcutta, 1851 :-Printed at the Dengal MiIitary Orphan Prttcs, by P. Carbery.

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    ACT No. XVI. O F 1851.

    P a ss ed by the IZon'bb the Pre siden t of the Coun cilof lndiai n Council, on the 26th Decem ber 1851, w ith the assentof the M ost N ob le the G overno r Genera l of Xndia.

    An Act for the trial of Receivers of StoZen Property.

    FORhe trial of ~ e c e i < ~ r sf Stolen Property where the principal istried, or where the Property is found in their possession, or whefe thereceiving takes place, I t is enacted as follows :-

    I. Every person who receives any Chattel, Money, ValuableSecurity, or other Property whatsoever, knowing the same to have beenfeloniously or unlawfully stolen, taken, obtained, or converted, whethercharged as an accessory after the fact to the felony, or with a substan-tive felony, or with a misdemeanor only, may be dealt with, indicted,tried, and punished in any place in which he shall have, or shall havehad, any such Propcrty in his possession, or in any place in which theparty guilty of the principal felony or misdemeanor may by law be tried,or in the place where h e actually received such Property.