Amendment

of sections 32 and 33, Act

V, 1861.

Amendment

of section 14, Act V, 1861.

Substitution

of new sec tion for sections 37, 38, 39 and 40,

Act V, 1861.

Recovery of penalties and fines imposed by Magis. trates.

Substitution of new section for section 46, Act V, 1861.

Scope of Act.

(Secs. 12-15.)

"(2) Any procession or assembly which neglects or refuses to obey any order given under the last preceding sub-section shall be deemed to be an unlawful assembly."

12. In section 32 of the said Act, for the word "two," where it first occurs, the word "three," and in section 33 of the said Act, for the word "three" the word "four," shall be respectively substituted.

13. In section 31 of the said Act, after the words "or in any " the words open place or" shall be inserted, and for the expression "residents and passengers" the expression "residents or passengers" shall be substituted.

14. For sections 37, 38, 39 and 40 of the said Act the following section shall be substituted, namely :—

"37. The provisions of sections 64 to 70, both inclusive, of the Indian Penal Code,' and of sections 386 to 389, both inclusive, of the Code of Criminal XLV of 1860. Procedure, 18822, with respect to fines, shall apply to penalties and fines im- X of 1882. posed under this Act on conviction before a Magistrate :

Provided that, not withstanding anything contained in section 65 of the first-mentioned Code, any person sentenced to fine under section 34 of this Act may be imprisoned in default of payment of such fine for any period not exceeding eight days."

15. For section 46 of the said Act the following shall be substituted, namely :

"46. (1) This Act shall not by its own operation take effect in any presidency, province or place. But the Governor General in Council, by an order to be published in the Gazette of India, may extend the whole or any part of this Act to any presidency, province or place, and the whole or such portion of this Act as shall be specified in such order shall thereupon take effect in such presidency, province or place.

(2) When the whole or any part of this Act shall have been so extended,
the Local Government may from time to time, by notification in the
official Gazette, make rules consistent with this Act-

(a) to regulate the procedure to be followed by Magistrates and police-
officers in the discharge of any duty imposed upon them by or

under this Act;

1 Printed, General Acts, Vol. I, Ed. 1898, p. 240.

2 See now the Code of Criminal Procedure, 1898 (Act V of 1898), printed, infra, p. 380.

(b) to prescribe the time, manner and conditions within and under which
claims for compensation under section 15A are to be made, the
particulars to be stated in such claims, the manner in which the
same are to be verified, and the proceedings (including local en-
quiries if necessary) which are to be taken consequent thereon;
and,

(c) generally, for giving effect to the provisions of this Act.
"(3) All rules made under this Act may from time to time be amended,
added to or cancelled by the Local Government."

16. All orders heretofore issued by the Governor General in Council or
the Local Government under section 46 of the said Act shall, as far as may
be, be deemed to have been issued under the new section substituted for the
same by the last foregoing section,

Saving of tofore issued under section

orders here

46, Act V, 1861.

ACT No. IX OF 1895.1

[7th March, 1895.]

33 & 34 Vict., c. 52.

An Act to confer on Presidency Magistrates and District Magis-
trates certain powers and authorities in relation to the sur-
1ender of fugitive criminals.

2

WHEREAS by the Extradition Act, 1870, it is, among other things, enacted
that the said Act, when applied by Order in Council, shall, unless it is other-
wise provided by such order, extend to every British possession, but with the
following among other modifications, namely:—

No warrant of a Secretary of State shall be required, and all powers vested
in, or acts authorized or required to be done under the said Act by, the
Police Magistrate and the Secretary of State, or either of them, in
relation to the surrender of a fugitive criminal, may be done by the
Governor of the British possession alone;

And whereas by the said Act it is also enacted that, if by any law or
ordinance made before or after the passing of the said Act by the Legislature
of any British possession provision is made for carrying into effect within such
possession the surrender of fugitive criminals who are in or are suspected of
being in such possession, Her Majesty may, by the Order in Council applying

' For Statement of Objects and Reasons, see Gazette of India, 1895, Pt. V, p. 6; for Pro-
ceedings in Council, see ibid, 1895, Pt. VI, pp. 91 and 216.

This Act has been declared in force in Upper Burma (except the Shan States) by the Burma
Laws Act, 1898, see the First Schedule, printed, Burma Code, Ed. 1899.

* Printed Collection of Statutes relating to India, Ed. 1881, Vol. II, p. 890.

Title and commencement.

Powers of

trates and

(Secs. 1-2.)

the said Act in the case of any foreign State, or by any subsequent order,
either-

suspend the operation within any such British possession of the said Act
or any part thereof, so far as it relates to such foreign State, and so
long as such law or ordinance continues in force there, and no
longer,

or direct that such law or ordinance, or any part thereof, shall have effect
in such British possession, with or without modifications and alter-
ations, as if it were part of the said Act;

And whereas the said Extradition Act, 1870, was amended by the
Extradition Act, 1873, which enacted that that Act was to be construed as 36 & 37 Vict.,
one with the said Act of 1870,1 and that the said two Acts might be cited
together as the Extradition Acts, 1870 and 1873 ;o

And whereas it is expedient to provide for the more convenient administration in British India of the said Extradition Acts, 18701 and 1873, by conferring on Presidency Magistrates and District Magistrates the like powers and authorities in relation to the surrender of fugitive criminals as are by the said Acts vested in Police Magistrates and Justices of the Peace in the United Kingdom;

It is hereby enacted as follows :—

c. 60.

1. (1) This Act may be called the Extradition (India) Act, 1895 ; and (2) It shall come into force on such date as the Governor General in Council may, by notification in the Gazette of India, appoint in this behalf 3: Provided that no such date shall be appointed until after Her Majesty has been pleased by Order in Council to direct that this Act shall have effect in British India as if it were part of the Extradition Act, 1870, and such 33 & 34 Vict., Order has been published in the Gazette of India.

2. All powers vested in, and acts authorized or required to be done by, a Police Magis Police Magistrate or any Justice of the Peace in relation to the surrender of fugitive criminals in the United Kingdom under the Extradition Acts, 18701 and 1873, are hereby vested in, and may in British India be exercised and done by, any Presidency Magistrate or District Magistrate in relation to the surrender of fugitive criminals under the said Acts.

Justices of Peace under Imperial

Acts conferred on Presidency and District Magistrates.

1 Printed, Collection of Statutes relating to India, Ed. 1881, Vol. II,

p. 890.

2 Printed, Collection of Statutes relating to India, Ed. 1881, Vol. II, p. 961.

3 For notification appointing the 15th of February, 1896, as the day on which the Act shall come into force, see Gazette of India, 1896, Pt. I, p. 88.

c. 52

(Secs. 1-3.)

VI of 1882.

IX of 1890.

VI of 18$2.

ACT No. X OF 1895.1

[7th March, 1895.]

2

An Act to provide for the payment by Railway Companies
registered under the Indian Companies Act, 1882, of inter-
est out of capital during construction.

WHEREAS it is expedient to provide for the payment by Railway Com-
panies registered under the Indian Companies Act, 1882,2 of interest out of
capital during construction; It is hereby enacted as follows:-

1. (1) This Act may be called the Indian Railway Companies Act, 1895. Title, extent (2) It extends to the whole of British India; and

(3) It shall come into force at once.

and commencement.

2. In this Act, unless there is something repugnant in the subject or Definitions. context,

رو

(1) "railway means a railway as defined in section 3, clause (4), of
the Indian Railways Act, 18903:

(2) "the railway" means the railway in relation to the construction of
which interest out of capital is permitted to be paid as hereinafter
provided: and

(3)

Railway Company" means a Company registered under the
Indian Companies Act, 1882, and formed for the purpose of
making and working, or making or working, a railway in India,
whether alone or in conjunction with other purposes.

3. A Railway Company may pay interest on its paid-up share capital out
of capital, for the period, and subject to the conditions and restrictions, in
this section mentioned, and may charge the same to capital as part of the
cost of construction of the railway :—

(1) Such interest shall be paid only for such period as shall be determined
by the Governor General in Council; and such period shall in no
case extend beyond the close of the half-year next after the
half-year during which the railway shall be actually completed
and opened for traffic.

1 For Statement of Objects and Reasons, see Gazette of India, 1895, Pt. V, p. 25; for

I roceedings in Council, see ibid, 1895, Pt. VI, pp. 128, 213 and 217.

The Act has been declared in force in Upper Burma (except the Shan States), by the
Burma Laws Act, 1898 (XIII of 1898, printed, Burma Code, Ed. 1899.

2 Printed, General Acts, Ed. 1898, Vol. IV, p. 100.

Printed, General Acts, Ed. 1898, Vol. V, p. 410.

Payment of

interest out

of capital.

Provisions of section 3 ap. plicable to additional

share capital for extensions.

Notice in prospectus and other documents.

Accounts.

Construction

powers.

(Secs. 4-7.)

(2) No such payment shall be made unless the same is authorised by the Company's memorandum of association or by a special resolution of the Company.

(3) No such payment, whether authorised by the Company's memorandum of association or by special resolution as aforesaid, shall be made without the previous sanction of the Governor General in Council. (4) The amount so paid out of capital by way of interest, in respect of any period, shall in no case exceed a sum which shall, together with the net earnings of the railway during such period, make up the rate of four per cent. per annum.

(5) No such payment of interest shall be made until such Railway Company has satisfied the Governor General in Council that two-thirds at least of its share capital, in respect where of interest is to be so paid, has been actually issued and accepted, and is held by shareholders who, or whose representatives, are legally liable for the same.

(6) No such interest shall accrue in favour of any shareholder for any time during which any call on any of his shares is in arrear.

(7) The payment of such interest shall not operate as a reduction of the amount paid up on the shares in respect of which it is paid.

4. A railway in course of construction and intended to be made or worked by a Railway Company in addition to or by way of extension of any railway owned or worked by such Company shall be deemed to be the railway of such Company for the purposes of this Act, and all the provisions of the last preceding section shall apply to such railway and to the share capital issued for the purpose of its construction.

5. When a Railway Company has power to pay interest under this Act notice to that effect shall be given in every prospectus, advertisement or other document inviting subscriptions for shares therein, and in every certificate of such shares.

6. When any interest has been paid by a Railway Company under this Act, the annual or other accounts of such Company shall show the amount on which, and the rate at which, interest has been so paid.

7. If by any memorandum of association, articles of association or other of borrowing document any power of borrowing money is conferred on a Railway Company, or on its Directors, with or without the sanction of any meeting, and if such power of borrowing is limited to an amount bearing any proportion to the capital of such Company, the amount of capital applied or to be applied in payment of interest under this Act shall, for the purpose of ascertaining the