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scribe what official seals other public authorities besides Magistrates shall Xv7/95. 92 47
It is enacted as follows:
1. This Act may be called "the Bombay Public Authorities' Seals Act, 1883."
Repeal of Bombay Act II. of 2. Bombay Act II. of 1870 is hereby 1870.
repealed. Every notification issued under the said Act and now in force shall be deemed to have been issued under this Act.
3. The Governor in Council may, from time to time, by notification Government empowered to
in the Bombay Government Gazette, direct prescribe the seals of certain what official seals each of the following Courto z do public authorities.
and other public authorities shall have and use ( namely )
(1) Sessions Judgos, Additional and Joint Sessions Judges and Assistant Sessions Judges;
(2) Presidency Magistrates;
(4) any other judicial officer or public authority, whose official seal is not prescribed by law and no other authority is legally competent to prescribe.
Every such notification may from time to time be modified or rescinded by the Governor in Council by a like notification, 4. Every notification made under the last preceding section shall
come into force on such date as the Governor Date on which notifications under last section shall take effect.
in Council shall theroin fix in this behalf.
Bombay Act No. VI. of 1883.
PUBLISHED BY THE GOVERNOR OF BOMBAY ON THE 26th NOVEMBER, 1883.
An Act to further amend the Bombay Port Trust Act, 1879. Whereas it is expedient to amend the Bombay Port Trust Act, 1879, in manner hereinafter appearing : It is enacted as follows:1. Instead of the words “or pier" in Section 43 of the said Act, the
words “pier, land or building” shall be Amendment of Section 43.
8. 3. --See G. G. 1884, p. 1223 ; Ib. 1886, p. 359.
Act No. I. of 1884.
4TH JANUARY, 1884.
Universities at Calcutta, Malras and Bombay. WHEREAS it is expedient to amend the law relating to the granting of honorary degrees, and to give to the Universities at Calcutta, Madras and Bombay the power of granting the degree of Doctor in the faculty of Law to persons who have not undergone a previous examination ;
and whereas the executive government of each of the said Universities is, by bye-laws made under the Acts establishing the same, vested in a Syndicate consisting of the Vice-Chancellor and certain of the Fellows;
It is hereby enacted as follows:' X1/910364) Repeal of Act XXI. of 1875.
'1. Act No. XXI. of 1875 (an Act to authorize the University at Calcutta to grant
honorary degrees) is repealed. 2. If the Vice-Chancellor and not less than two-thirds of the other
members of the Syndicate of any of the UniPower to confer honorary versities at Calcutta, Madras and Bombay degree of Doctor in the faculty of Law.
recommend that an honorary degree be con
ferred on any person, on the ground that he is, in their opinion, by reason of eminent position and attainments, a fit and proper person to receive such a degree, and their recommendation is supported by a majority of those present at a meeting of the Senate and is confirmed by the Chancellor, it shall be lawful for the Chancellor, ViceChancellor and Fellows to confer on that person the degree of Doctor in the faculty of Law, without requiring him to undergo any examination.
Act No. II. of 1884. (Madras.)
Act No. III. of 1884.
a Sch. I.
RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE
25TH JANUARY, 1884. An Act to amend the Code of Criminal Procedure, 1882. WHEREAS it is expedient to amend the Code of Criminal Procedure, 1882 ; It is hereby enacted as follows:
1. In section 25, after the words "British Amendment of section 25.
India" the following shall be inserted :
“Sessions Judges and District Magistrates are Justices of the Peace within and for the whole of the territories administered by the Local Government under which they are serving.”
2. To section 191 the following shall be Addition to section 191.
added, namely : “When a Magistrate takes cognizance of an offence under clause (c), the accused, or, when there are several persons accused, any one of them, shall be entitled to require that the case shall, instead of being tried by such Magistrate, be either transferred to another Magistrate or committed to the Court of Session."
3. In section 443, before the words "Presidency Magistrate ”
the words “ District Magistrate or " shall Amendment of section 443.
4. In section 444, after the words “ Court of Session" the words
except the Sessions Judge shall be Amendment of section 444.
5. (1) In section 446, before the words “ Presideney Magistrate
the words “ District Magistrate or ” shall Amendment of section 446.
" and a District Magistrate shall not pass any such sentence other than imprisonment for a term which may extend to six months, or fine which may extend to two thousand rupees, or both." Repeal of section 450. 6. Section 450 is hereby repealed. " XT /y/ sec.)
onchi Per New section substituted for
7. For section 451 the following shall be section 451.
“451. (1) In trials of European British subjects before a High Court
or Court of Session, if, before the first juror is Jury or assessors before High
called and accepted, or the first assessor is Court or Court of Session.
appointed, as the case may be, any such subject requires to be tried by a mixed jury, the trial shall be by a jury of which not less than half the number shall be Europeans or Americans or both Europeans and Americans.
“(2) When any such trial before a Court of Session would in the ordinary course be with the aid of assessors, the European British subject accused, or, where there are several European British subjects accused, all of them jointly, may, instead of claiming to be tried by a mixed jury under sub-section (1), require that not less than half the number of the assessors shall be Europeans or Americans or both Europeans and Americans.”
follow 8. After section 451 the following shall section 451.
be inserted, namely :: 451A. (1) In trials of European British subjects before a District Right of European British
Magistrate, any such subject may, in a sumsubject to claim jury before mons case before he is heard in his defence District Magistrate.
under section 244, or in a warrant case before he enters on his defence under section 256, claim that the trial shall be by a jury composed in manner prescribed by section 451.
“(2) If a claim is made under sub-section (1) in a summons case at the time when the Magistrate proceeds under section 244 to hear the accused, or in a warrant case at the time when the Magistrate calls upon the accused under section 256 to enter upon the defence, the Magistrate shall forth with issue the necessary orders for the trial by a jury as aforesaid.
: (3) If such a claim is made at an earlier stage of the proceedings, the Magistrate shall issue such orders whenever it appears to him from the evidence recorded that there will be a sufficient case to go before a jury.
“(4) In every such case the Magistrate shall, notwithstanding anything contained in section 242, before issuing any orders as aforesaid, frame a formal charge.
(5) The provisions of sections 211, 216, 217, 219 and 220 shall, so far as may be, apply for the purpose of securing the attendance of the complainant, the accused and the witnesses at every trial to be held under this section.
“(6) The provisions of this Code relating to the procedure in a trial by jury before a Court of Session shall, as nearly as may be, apply to every trial under this section as if the District Magistrate were a Sessions Judge and the accused had been committed to his Court for trial.
“ (7) All Courts may construe any of the provisions referred to in subsection (5) or sub-section (6), in so far as they are made applicable by that sub-section, with such verbal alterations not affecting the substance as may be necessary or proper to adapt the same to the matter before them.
“ (8) Nothing in this section shall affect the power of the Magistrate to commit an accused person for trial under section 347 or section 447.” " 451B. (1) If an accused person claims to be tried by jury under
section 451A, and in the opinion of the District Transfer to another Court in certain cases.
Magistrate there is reason to believe that a jury
composed in manner prescribed by section 451 cannot be constituted for the trial before himself, or cannot be so constituted without an amount of delay, expense or inconvenience which under the circumstances of the case would be unreasonable, he may, instead of issuing orders for the trial before himself under section 451 A, transfer the case for trial to such other District Magistrate or to such Sessions Judge as the High Court may, from time to time, by rules(a) made by it in this behalf and approved by the Local Government, or by special order, direct.
S. 451 B. (a).-See G. G. 1884, p. 1148.
(2) When a case is transferred under this section to a Sessions Judge or District Magistrate, he shall with all convenient speed try it with the same powers (including the power of commitment) and according to the same procedure as if he were a District Magistrate acting under section 4514." 9. The last sixteen words of section 459 are hereby repealed ; and in
the same section, after the words “any Magis. Amendment of section 459.
trate” the words "or any Judge presiding in a Court of Session” shall be inserted. 10. In section 462, after the figures “ 460 " the following shall be
inserted, namely :-" or before the Court of a Amendment of section 462.
District Magistrate or Sessions Judge proceeding under section 451 4 or 451 B." 11. (1) In section 526, after clause (d), the following shall be insert.
ed, namely :Amendment of section 526.
“ (e) that such an order is expedient for the ends of justice."
(2) In the same section, after clause (3), the following shall be inserted, namely :
“ (4) that an accused person be committed for trial to itself or to a Court of Session.” New section inserted after
12. After section 526 the following section 526.
section shall be inserted, namely :“ 526A. If, in any criminal case or appeal, before the commencement Adjournment on application
of the hearing, the public prosecutor, the comunder section 526.
plainant or the accused notifies to the Court before which the case or appeal is pending his intention to make an application under section 526 in respect of the case, the Court shall exercise the powers of postponement or adjournment given by section 344 in such a manner as will afford a reasonable time for the application being made and an order being obtained thereon, before the accused is called on for his defence, or, in the case of an appeal, before the hearing of the appeal.”
13. To section 528 the following shall Addition to section 528.
be added, namely:“A Magistrate making an order under this section shall record in writing his reason for making the same.”
14. (1) In this Act, "section" means secConstruction.
tion of the Code of Criminal Procedure, 1882. (2) All references to that Code made in enactments heretofore passed or hereafter to be passed shall be read as if made to that Code as amended by this Act.