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)

98

ACT XXV.

[A.D. 1840.

Further liability in
case of affray.


Arrests and seizures
by abkarry ofHcers to
be reported in twenty-
four hours after taking
place.

Persons arrested to
be immediately de-
livered over to autho-
rity competent to try.

Penalties for breach
of the two previous
rules.

person or persons shall severally and respectively be liable, on conviction
before a magistrate, to be sentenced for the same to pay a fine not exceed-
ing* five hundred rupees, commutable, if not paid, to imprisonment for a
term not exceeding six months: provided that such person or persons
shall be further liable, in the event of an affray or breach of the peace
occurring in consequence of his or their resistance, on conviction of the
same before a competent tribunal, to such punishment as is prescribed in
the general rules applicable to cases of affray and breach of the peace, in
addition to the penalties above prescribed for the resistance of process.
VII. And it is hereby enacted, in modification of Clause Sixth, Sec-
tion XXII. Regulation X. of 1813, of the Bengal code, that if any person
shall wilfully and maliciously give false information in respect to there
being an illicit still or illicit stills, or fermented or spirituous liquors or
intoxicating drugs, or materials prepared for the manufacture of spirituous
liquors and drugs, in any premises, and so procure that such premises
shall be searched to the injury and vexation of the owners thereof, or of
any other person or persons whatsoever, such false informer shall, besides
being subject to any other penalties or damages to which he would be sub-
ject under the general law, be liable to imprisonment with or without
labour for a term not exceeding two years, and to fine not exceeding five
hundred rupees, commutable to a further term of imprisonment for six
months, if not paid.
VIII. And it is hereby enacted, that whenever any officer of the abkarry
department, duly authorized under Section V. of this Act, shall arrest any
person charged with an infraction of the laws for the protection of the
abkarry revenue, or shall seize any still, or fermented or spirituous
liquors or intoxicating drugs, or enter any premises for the purpose of
searching for such illicit articles, he shall make a full report of all the
particulars of such arrest or seizure or search to his official superior within
twenty-four hours after the transaction has occurred.
IX. And it is hereby enacted, that whenever any person may be arrested
by an officer employed in the abkarry department, or by any other officer
of other departments, duly empowered to make seizure of illicit stills or
spirituous liquors or intoxicating drugs, or materials prepared for the
purpose of manufacturing spirituous liquors or intoxicating drugs, the
person making the arrest shall be bound to carry the party arrested with
all convenient despatch to the officer of the department who may be
competent to try the case ; and no person so arrested shall be released
until the case shall have been brought to judgment in the manner pro-
vided by law.
X. And it is hereby enacted, that any officer who shall neglect to report
all the particulars of an arrest, seizure, or search, within twenty-four hours
after the transaction has occurred, or who shall delay carrying the person
arrested to the proper officer with all convenient despatch, or who shall
release or connive at the escape of the person arrested, shall be liable, on
conviction, to dismissal from his situation, and to pay a fine not exceeding
two hundred rupees, and to imprisonment for a term not exceeding

SeeActXXIH.
1848.