(f) to prescribe the custody in which those registers or records are to be kept; and

(g) generally to carry out the purposes of this Act.

37. (1) The Governor General in Council shall, before making rules under this Act, publish a draft of the proposed rules in such manner as may, in his opinion, be sufficient for the information of persons likely

Procedure for making and pub

lication of rules.

to be affected thereby.

(2) There shall be published with the draft a notice specifying a date at or after which the draft will be taken into consideration.

(3) The Governor General in Council shall receive and consider any objection or suggestion which may be made by any person with respect to the draft before the date so specified.

(4) Every rule made under this Act shall be published in the Gazette of India, and the publication in the Gazette of India of a rule purporting to be made under this Act shall be conclusive evidence that it has been duly made.

Act No. VII. of 1886.

RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE 8TH MARCH, 1886. An Act to amend the Indian Registration Act, 1877.

WHEREAS it is expedient to amend the Indian Registration Act, 1877, in manner hereinafter appearing; It is hereby enacted as follows:—

Short title and commencement.

1. (1) This Act may be called the Indian Registration Act, 1886; and

(2) It shall come into force at once.

Addition to section 17 of Act III. of 1877.

2. After clause (f) of section 17 of the Indian Registration Act, 1877, the following clause shall be inserted, that is to say:

"(j') any debenture issued by any such Company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest to or in immoveable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the Company has mortgaged, conveyed or otherwise transferred the whole or part of its immoveable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures, or."

Act VII.-This Act is extended, except sub-sections (1) and (3) of section 3 and section 6 to the Hydrabad Assigned Districts, and except sections 3 and 6 to the Cantonments of Deesa and Secunderabad. G. G. 1888, pp. 1009, 1010.

Addition to sections 17 and 89, and amendment of section 58, of same Act.

"

3. (1) After clause (1) of section 17 of the same Act the following clause shall be added, that is to say :

(m) orders granting loans under the Agriculturists' Loans Act, 1884, and instruments for securing the repayment of loans made under that Act."

(2) In section 58 of the same Act, for the words "or a copy of a certificate under the Land Improvement Act, 1871, sent by the Collector to be registered," or, where the Land Improvement Loans Act, 1883, is in force, for the words "or a copy of an order under the Land Improvement Loans Act, 1883, sent by the Collector to be registered," there shall be substituted the following words, namely :—

"or a copy sent to a registering officer under section 89."

(3) After the second paragraph of section 89 of the same Act the following paragraph shall be added, that is to say :

"Every officer granting a loan under the Agriculturists' Loans Act, 1884, shall send a copy of any instrument whereby immoveable property is mortgaged for the purpose of securing the repayment of the loan, and, if any such property is mortgaged for the same purpose in the order granting the loan, a copy also of that order, to the registering officer within the local limits of whose jurisdiction the whole or any part of the property so mortgaged is situate, and such registering officer shall file the copy or copies, as the case may be, in his Book No. 1."

Further addition to section 17 of same Act.

66

4. After clause (m) of section 17 of the same Act as amended by this Act the following clause shall be added, that is to say :

"() any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage."

5. In the second paragraph of section 50 of the same Act, "(ƒƒ)” shall be inserted between "(f)" and "(g)," and for the word and letter "and (7)" the letters and word "(1), (m) and (n)" shall be substituted.

Amendment of section 50 of same Act.

Addittion to section 90, and amendment of section 91, of same Act.

6. (1) After clause () of section 90 of the same Act the following clause shall be inserted, that is to say :

"(e) notices given under section 74, or section 76, of the Bombay Land-revenue Code, 1879, of relinquishment of occupancy by occupants, or of alienated land by holders of such land."

(2) In section 91, for the word and letter "and (c)" the letters and word "(c) and (e)" shall be substituted.

(3) The said Act shall be construed as if the amendments made in it by this section had been made at the time the Act came into force.

Act No. VIII. of 1886. (Bengal).

Act No. IX. of 1886. (Chutia Nagpur).

Act No. X. of 1886.

RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE 12TH MARCH, 1886.
An Act to amend the Code of Criminal Procedure, 1882,
and certain other Acts.

WHEREAS it is expedient to amend the Code of Criminal Procedure, 1882, and certain other Acts; It is hereby enacted as follows:

Code of Criminal Procedure, 1882.

Amendment of section 31 of the Code of Criminal Procedure.

1. In the last paragraph of section 31 of the Code of Criminal Procedure, 1882, for the words "any sentence of imprisonment for a term exceeding three years" the words "any sentence of imprisonment for a term exceeding four years, and any sentence of transportation,” shall be substituted.

Substitution of new section for section 34.

"34. The Court of a Higher powers of certain District Magistrates.

2. For section 34 of the same Code the following shall be substituted, namely :District Magistrate, specially empowered under section 30, may pass any sentence authorized by law, except a sentence of death or of transportation for a term exceeding seven years or of imprisonment for a term exceeding seven years; but any sentence of imprisonment for a term exceeding four years, and any sentence of transportation, shall be subject to confirmation by the Sessions Judge.

Addition to section 55 and

section 56.

3. After section 55 of the same Code, and after section 56 thereof, the following shall be added, namely:

"This section applies to the police in the towns of Calcutta and Bombay."

4. In sections 88 and 514 of the same Code, after the words " District Amendment of sections 88 Magistrate" the words "or Chief Presidency Magistrate" shall be inserted.

and 514.

Act X. is declared in force in the Akalkot State. G. G. 1886, p. 811, and is extended, except section 25, to the Cantonment of Deesa. G. G. 1888, p 1010.

R. of '98.

5. 2 (1)

and sch. I.

Amendment of section 110.

5. In section 110 of the same Code, for the words "Sub-Divisional Magistrate or Magistrate of the first class specially empowerd in this behalf by the Local Government" the words "or Sub-Divisional Magistrate, or a Magistrate of the first class specially empowered in this behalf by the Local Government" shall be substituted.

Amendment of section 162.

Amendment of section 173.

6. In section 162 of the same Code the word "shall" shall be inserted before the words "be used."

7. In section 173 of the same Code the following shall be substituted for the second paragraph, namely:

"Where a superior officer of police has been appointed under section 158, the report shall, in any cases in which the Local Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police-station to make further investigation."

8. In section 266 of the same Code, for the word and figures "section
307" the words and figures "section 276 and
307 "shall be substituted.

Amendment of section 266.

Amendment of section 269.

9. For the second paragraph of section 269 of the same Code the following shall be substituted, namely :—

"When the accused is charged at the same trial with several offences of which some are and some are not triable by jury, he shall be tried by jury for such of those offences as are triable by jury, and by the Court of Session, with the aid of the jurors as assessors, for such of them as are not triable by jury."

Substitution of new section for section 398.

Provision supplemental to sections 35, 396 and 397.

"398. (1) Nothing in section 396 or section 397 shall be held to excuse any person

from any part of the punishment to which he is liable upon his former or subsequent conviction.

"(2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment, or to a sentence of transportation or penal servitude for an offence punishable with imprisonment, and the person undergoing the sentence, is after its execution to undergo a further substantive sentence, or further substantive sentences, of imprisonment, transportation or penal servitude, effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences.

S.

86, to

Amendment of section 401.

11. (1) For the third paragraph of section 401 of the same Code the following shall be substituted, namely:

:

"If any condition on which a sentence has been suspended or remitted is, in the opinion of the Governor General in Council or of the Local Government as the case may be, not fulfilled, the Governor General in Council or the Local Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any Police-officer without warrant and remanded to undergo the unexpired portion of the sentence." (2) After the third paragraph of the same section the following shall be inserted, namely:

"The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.”

New sections to follow section 475.

12. After section 475 of the same Code the following sections shall be inserted, namely:

475A. The Governor General in Council may direct that any person whom the Local Government has ordered under this chapter to be confined in a lunatic asylum, jail or other place of safe custody, shall be removed from the place where he is confined to any lunatic asylum, jail or

Power of Governor General in Council to order criminal lunatics confined by order of Local Government to be removed from one province to another.

other place of safe custody in British India.

Power of Local Government to relieve Inspector General of cer

"475B. The Local Government may empower the officer in charge of the jail in which a person is confined under the provisions of section 466 or section 471 to discharge all or any of the functions of the Inspector General of Frisons under section 472, section 473 or section 474."

tain functions.

Amendment of section 495.

substituted, namely:

13. (1) For the first sentence of section 495 of the same Code the following shall be

"Any Magistrate inquiring into or trying any case may permit the prosecution to be conducted by any person other than an officer of police below a rank to be prescribed by the Local Government in this behalf with the previous sanction of the Governor General in Council."

(2) After the last sentence of the same section the following shall be added, namely:

"An officer of police shall not be permitted to conduct the prosecution if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted."