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)

ACT V.

269

A.D. 1848.]
III. And it is hereby enacted, that in cases of an aggravated nature,
wherein it may appear necessary to require security for keeping the peace
in addition to the recognizance of the party, it shall be lawful for such
magistrates to direct the same, and to 6x a reasonable amount for the
security bond to be executed in the form annexed to this Act by the
surety or sureties.
IV. And it is hereby enacted, that whenever it shall appear to the
magistrate that the period for which the party should be bound to keep
the peace, with or without additional security, need not exceed one year,
it shall be lawful for him, without reference to superior authority, to
give directions accordingly, and in default of such recognizance or addi-
tional security, to commit the party to prison in the civil gaol until he
shall do what has been required of him.
V. And it is hereby enacted, that whenever it shall appear to the
magistrate that the period for which the party should be bound to keep
the peace, with or without additional security, ought to exceed the period
of one year, the magistrate shall record his opinion to that effect, with an
order specifying the amount of recognizance and security, as well as the
number of sureties which should in his judgment be required, and the
period for which the recognizance and security should be required,
which however shall in no case exceed three years. If the party shall not
furnish the recognizance and security so required, the proceedings shall be
laid before the sessions judge, who, after examining them and calling for
any further information which he may think necessary, shall pass orders
on the case confirming, modifying, or annulling the orders of the magis-
trate ; and if the orders so passed by the sessions judge confirm to any
extent the requisition for recognizance or securities, the sessions judge
shall direct the magistrate to commit the party to prison in the civil gaol
until he shall do what has been required of him.
VI. Provided always and it is hereby enacted, that no party shall be
kept in prison under the foregoing provisions of this Act for a longer
period than that for which the recognizance and securities have been
required from him.
VII. And it is hereby enacted, that the provisions contained in
Sections V. VI. and VII. of Regulation VIII. of 1818, of the Bengal
code, shall be applicable to all persons confined under the foregoing pro-
visions of this Act, and to all sureties who shall have given security under
this Act.
VIII. And it is hereby enacted, that whenever it may be proved before
the magistrate that any such recognizance has been forfeited, he shall pro-
ceed to enforce the penalty of such recognizance in the mode prescribed
for the satisfaction of decrees of the civil court.
IX. And it is hereby enacted, that whenever it may be proved before
the magistrate that any such recognizance has been forfeited, if a security
bond shall have been taken and the magistrate shall think that proceedings

In aggravated cases,
security may also be
taken.

Magistrate may bind
the parties for one
year, without reference,
and may commit in
defauit.

If the period exceed
one year, and the par-
ties do not comply with
the order, magistrate
before session judge,
who will pass orders
thereon.

Imprisonment not to
exceed the period of the
required recognizance
or security.

Application of Secs,
v. vi. vii. Reg. VIII.
1818, to this Act.


forfeited, penalty how
to be enforced.