(Secs. 14-15.) notice under section 9; or moving horse con trary to section 11. Power to make rules. Appointment of same person to be both In spector and Veterinary section 11, shall be punished with imprisonment which may extend to one month, or with fine which may extend to fifty rupees, or with both. 1 14. The Local Government 1 may, from time to time, make rules, consistent with this Act, (a) for regulating entries and searches by Inspectors under this Act; (b) for regulating the destruction of horses certified under section 8 to be diseased, and the disposal of the carcases of such horses; (c) for regulating the disinfecting of buildings and places in which diseased horses have been, and for prescribing what things found therein or near thereto shall be destroyed; (d) for regulating the grant of licenses under section 11, and the conditions on which such licenses shall be granted; and (e) generally for carrying out the purposes of this Act. All such rules shall be published in the official Gazette, and shall thereupon have the force of law. Any person breaking a rule made under this section shall be punished with imprisonment which may extend to one month, or with fine which may extend to fifty rupees, or with both. 215. Any Veterinary Practitioner may be appointed by the Local Government to be both Inspector and Veterinary Practitioner for all or any of the of this Act or of purposes rule thereunder. any 1 For rules under this section for (1) Bombay, see Bombay List of Local Rules and Orders, Vol. I, Ed. 1896, pp. 236 to 249, and Bombay Government Gazette, 1897, Pt. I, pp. 1080 and 1082; (2) North-Western Provinces and Oudh, see North-Western Provinces and Oudh Gazette, 188, Pt. I, p. 855; (3) Burma, see Burma Rules Manual, Ed. 1897, p. 53; (4) Central Provinces, see Central Provinces List of Local Rules and Orders, Ed. 1896, p. 81; (5) Punjab, see Punjab Gazette, 1880, Pt. I, p. 401. These rules have been extended to the whole of the Punjab, see the footnote to s. 4, supra, p. 284; (6) the Districts of Sarun, ChamĮ arun and Mozufferpore by the Government of Bengal, see Calcutta Gazette, 1898, Pt. I, p. 42. The present s. 15 was added by the Glanders and Farcy Act (1879) Amendment Act, 1896 (XV of 1896), s. 3. The original section was previously repealed by the Repealing and Amending Act, 1891 (XII of 1891). POWERS OF BRITISH OFFICERS IN PLACES BEYOND BRITISH INDIA. 4. Exercise of powers of Governor General in places beyond British India, and delegation thereof. 5. Notification of exercise or delegation of such powers. 6. Appointment, powers and jurisdiction of Justices of the Peace. 7. Confirmation of existing Political Agents and Justices. 8. Extension of criminal law of British India to British subjects out of British India CHAPTER III. INQUIRIES IN BRITISH INDIA INTO CRIMES COMMITTED BY BRITISH SUBJECTS IN PLACES BEYOND BRITISH INDIA. 11. Arrest and removal of persons other than European British subjects escaping into British India. 12. Direction and execution of warrant. 12A. Power to Political Agent to direct security to be taken and procedure thereon. 12B. Arrest on breach of bond to appear. SECTIONS. 12C. Application of sections 513 and 514, Act X, 1882. 13. Political Agent may himself dispose of case, or make over person to ordinary Courts for trial. 14. Requisitions for extradition by the executive of any part of British dominions or Foreign Power. 15. Magistrate may in certain cases issue warrant for arrest of person accused of having committed an offence out of British India. Magistrate to inform Political Agent or Local Government. 16. Person arrested to be released after certain time if not proceeded against. 17. Bail. 17A. Detention of persons arrested under section 54, clause seventhly, Act X, 1882. 18. Power to make rules. CHAPTER V. 19. Execution of commissions issued by Foreign Criminal Courts. THE SCHEDULE. Preamble. ACT No. XXI OF 1879.1 [14th November, 1879.] An Act to provide for the trial of offences committed in places beyond British India and for the Extradition of Criminals. WHEREAS by treaty, capitulation, agreement, grant, usage, sufferance and other lawful means the Governor General of India in Council has power and 1 For the Statement of Objects and Reasons, see Gazette of India, 1879, Pt. V, p. 831; for Proceedings in Council, see ibid, Supplement, pp. 1389 and 1535. This Act has been declared in force in the Santhal Parganas by the Santhal Parganas' Settlement Regulation, 1872 (III of 1872), s. 3, as amended by the Santhal Parganas' Laws Regulation, 1886 (III of 1886), printed, Bengal Code, Vol. I, Ed. 1889, p. 597; Upper Burma generally (except the Shan States) by the Upper Burma Laws Act, 1886 (XX of 1886), s. 6, printed, Burma Code, Ed. 1889, p. 364; British Baluchistan by the Pritish Baluchistan Laws Regulation, 1890 (I of ¡890), s. 3, printed, Baluchistan Code, Ed. 1890, p. 69; and Angul and the Khondmals by the Angul District Regulation, 1894 (I of 1894), s. 3. It has been declared, by notification under s. 3 (a) of the Scheduled Districts Act, 1874 (XIV of 1874), printed, General Acts, Vol. II, Ed. 1898, p. 467, to be in force in the Districts of Hazári. bágh, Lohardaga and Mánbhum, and Pargana Dhalbhum and the Kolhún in the District of Singbhum, see Gazette of India, 1881, Pt. I, p. 504. The District of Lohárdaga included at this time the present District of Palamau, which was separated in 1894. Ss. 1 and 3 and Chs. IV and V of the Act, have been extended to the Shan States by the Shan States Laws and Criminal Justice Order, 1895, see Burma Gazette, 1895, Pt. I, p. 262, as amended by Notification No. 20, dated August 23, 1898, Burma Gazette, 1898, Pt. I, p. 406. XI of 1872. (Chapter I-Preliminary. Sec. 1.) jurisdiction within divers places beyond the limits of British India; and CHAPTER I. PRELIMINARY. 1. This Act may be called the Foreign Jurisdiction and Extradition Short title. Act, 1879. It extends to the whole of British India ;3 4 to all Native Indian subjects of Her Majesty beyond the limits of Extent. British India ;5 and 4 to all European British subjects within the dominions of Princes and States in India in alliance with Her Majesty ;5 1 Act XI of 1872 is repealed by s. 2 of this Act. 2 The rendition of offenders as between different parts of Her Majesty's dominions, e.g., India and Australia, is now regulated by the Fugitive Offenders Act, 1881 (44 & 45 Vict., c. 69). By s. 9 of that Act it is confined to offences punishable with rigorous imprisonment for twelve months or more. As to the jurisdiction of the Courts over persons and places beyond the jurisdiction of the Indian Legislature, e.g., in the case of offences committed on the high seas, see treatment of the question in Mayne's Criminal Law of India, Pt. II, Ch. II. For definition of the term "British India," see the General Clauses Act, 1897 (X of 1897), s. 3, cl. (7). As to proceedings in the case of offences by (a) European British subjects, in the dominions of a Prince or State in alliance with Her (b) Native Indian subjects of Her Majesty, at any place beyond the limits of British India- 5 The power to legislate was conferred (a) as to all persons being Native Indian subjects of Her .U Commencement. Saving of other laws and of treaties. Repeal. Interpretation-clause. • Political Agent." "European British subject. (Chapter I.-Preliminary. Secs. 2-3.) and it shall come into force on the passing thereof. But nothing contained in this Act shall affect the provisions of any law or treaty for the time being in force as to the extradition of offenders; and the procedure provided by any such law or treaty1 shall be followed in every case to which it applies. 2. The Foreign Jurisdiction and Extradition Act, 1872, is repealed; but XI of 1872. all existing appointments, delegations, certificates, requisitions and rules made, and all existing notifications, summonses, warrants, orders and directions issued, under that Act shall, in so far as they are consistent herewith, be deemed to have been respectively made and issued hereunder. 3. In this Act, unless there is something repugnant in the subject or context, "Political Agent " means and includes (1) the principal officer representing the British Indian Government in any (2) any [officer of the Government of India or of any Local Govern- "European British subject " means a European British subject as defined 1 The English extradition treaty with France (August, 14, 1876) expressly saves the treaty of The treaty of 1876 is set out in Clarke on Extradition, Ed. 3, Appendix, p. 89. The extradition treaty with Portugal determined in 1890. Negotiations are pending for a 2 These words were substituted for the original words "officer in British India " Foreign Jurisdiction and Extradition Act (1879) Amendment Act, 1896 (V of 1896), s. 1. by the These words were substituted for the words " or the Governor in Council of the Presidency of See now Act V of 1898, by s. 4 of which " European British subject "is defined as- "(2) any child or grandchild of such person by legitimate descent." |