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(f) to prescribe the custody in which those registers or records are
to be kept; and (9) 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 Procedure for making and pub- rules in such manner as may, in his opinion, be lication of rules.
sufficient for the information of persons likely 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 TIIE ASSENT OF THE GOVERNOR GENERAL ON TIE STI Marca, 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 :
1. (1) This Act may be called the Short title and commencement.
Indian Registration Act, 1886; and (2) It shall come into force at once.
2. After clause () of section 17 of the Addition to section 17 of Act
Indian Registration Act, 1877, the following III. of 1877.
clause shall be inserted, that is to say:' (U") 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
3. (1) After clause (1) of section 17 of 89, and amendment of section the same Act the following clause shall be 58, of same Act.
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, 1831, 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 snch registering officer shall file the copy or copies, as the case may be, in his Book No. 1."
4. After clause (m) of section 17 of the Further addition to section 17
same Act as amended by this Act the following of same Act.
clause shall be added, that is to say : * (n) 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, “ (ff)"
shall be inserted between" (f)” and “ (9),” Amendment of section 50 of
and for the word and letter "and (0)" the letters and word “(2), (m) and (n)” shall be substituted.
6. (1) After clause (1) of section 90 of Aldittion to section 90, and amendment of section 91, of same 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.
and certain other Acts.
Code of Criminal Procedure, 1882. 1. In the last paragraph of section 31 of the Code of Criminal Proce
dure, 1882, for the words “any sentence of Amendment of section 31 of the Code of Criminal Procedure.
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 2. For section 34 of the same Code the section 34.
following shall be substituted, namely :“34. The Court of a District Magistrate, specially empowered under
section 30, may pass any sentence authorized Higher powers of certain District Magistrates.
by law, except a sentence of death or of
transportation for a term exceediny 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.
3. After section 55 of the same Code, Addition to section 55 and
and after section 56 thereof, the following shall section 56,
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 and 514.
Magistrate” shall be inserted.
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. In section 110 of the same Code, for the words "Sub-Divisional
Magistrate or Magistrate of the first class Amendment of section 110.
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.
6. In section 162 of the same Code the Amendment of section 162. word “shall” shall be inserted before the words
or be used.
7. In section 173 of the same Code the Amendment of section 173. 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 Amendment of section 266.
307 " shall be substituted.
9. For the second paragraph of section Amendment of section 269. 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 10. For section 398 of the same Code the section 398.
following shall be substituted, namely :Provision supplemental to sec “ 398. (1) Nothing in section 396 or tions 35, 396 and 397.
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."
and Sch. Į,
11. (1) For the third paragraph of Amendment of section 401.
section 40% 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.”
12. After section 475 of the same Code New sections to follow section
the following sections shall be inserted, 475.
namely:6475A. The Governor General in Council may direct that any
person whom the Local Government has Power of Governor General in
ordered under this chapter to be confined in a Council to order criminal lunatics | confined by order of Local Gov lunatic asylum, jail or other place of safe cusernment to be removed from one
tody, shall be removed from the place where province to another.
he is confined to any lunatic asylum, jail or other place of safe custody in British India.
• 475B. The Local Government may empower the officer in charge of Power of Local Gover nent
the jail in which a person is confined under relieve Inspector General of cer the provisions of section 4.66 or section 471 to tain functions.
discharge all or any of the functions of the Inspector General of Frisons under section 472, section 473 or section 474.”
13. (1) For the first sentence of section Amendment of section 495.
495 of the same Code the following shall be substituted, namely :
“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.”