Clarke, Richard [Hrsg.]: The regulations of the government of Fort William in Bengal in force at the end of 1853 - to which are added, the acts of the government of India in force in that presidency: with lists of titles and an index (3): Acts from 1834 to 1853 (London, 1854)

A.D. 1840.]

ACT XXIII.

95

any of her Majesty's courts of justice; and all persons and property
seized or detained under any writ, warrant, or process executed by virtue
of this Act shall be dealt with in like manner as if such persons or property
had been seized or detained under the like writ, warrant, or other process
issued from any of her Majesty's courts of justice.
IV. And it is hereby enacted, that all persons disobeying or obstruct-
ing the execution of any writ, warrant, or other process indorsed under
this Act, shall be punishable in her Majesty's courts of justice, in like
manner as if the same had issued from such courts : provided always, that
in the case of process for the attendance of witnesses, her Majesty's courts
shall be governed by the like rules, touching expenses and other matters,
as are established in regard to subpoenas issued from such courts.
V. And it is hereby enacted, that in the case of persons seized or
detained by virtue of any writ, warrant, or other process executed under
the authority of this Act by any justice of the peace or by any sheriff it
shall be the duty of every such sheriff or justice of the peace, if so required
by the indorsement of the judge, to deliver the party in custody to such
authority or persons as shall be particularly specified in such indorsement,
and who shall have been charged with the execution of the writ, warrant,
or other process by the authority originally issuing the same, and for that
purpose to cause the party in custody to be conveyed to any place within
the Company's territories beyond the local limits of the jurisdiction of her
Majesty's courts.
VI. And it is hereby provided, that in the case of any writ, warrant, or
other process required to be indorsed under the authority of this Act, it
shall be lawful for the judge who shall be required to indorse the same to
remit the same for amendment to the authority issuing the same, if the
same shall appear to be defective in any matter of form.
VII. And it is hereby provided, that in the case of any writ, warrant,
or other process required to be indorsed under the authority of this Act,
for the seizure or detention of any person, it shall be lawful for the judge
who shall be required to indorse the same to direct by indorsement that
bail (the amount and number of sureties to be specified in such indorse-
ment) may be taken, and for this purpose to call for such documents and
to make such inquiry as he shall think proper.
VIII. And whereas it is expedient that offenders sentenced by the
mofussil authorities to imprisonment with or without hard labour should be
subjected to the most improved rules of prison discipline, which cannot in
all cases be convenientiy done except in the prisons locally situate within
the jurisdiction of her Majesty's Supreme Courts, it is hereby enacted, that
all civil and criminal gaols and houses of correction within the jurisdiction
of any of her Majesty's Supreme Courts shall, according to the nature of
the case, be liable to be used by the sheriff for the purposes of this Act;
and the parties imprisoned therein under the authority of this Act shall be
liable to the prison discipline thereof; and all sentences of imprisonment
passed by any judge, court, or magistrate in the territories of the East-

Punishment for ob-
struction of service.

delivered as directed by
the writ.

Writ may be re-
turned for amendment
it.


Persons sentenced to
imprisonment by mo-
fussil authorities, anti
arrested under this Act,
may be confined in