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Calcutta Pilots Act, 1859 Section 13

Title: Judge May Summon Witnesses to Attend at Certain Time and Place, Examination of Witnesses About to Leave Calcutta

State: Central

Year: 1859

It shall be lawful for the Judge of the said Court, at the instance of the prosecutor, or of the party accused, or of his own motion, by writing under his hand, to summon any person to attend as a witness at a time and place to be specified in the summons, for the purpose of being examined at any trial before the said Court; or if such person shall be about to depart from Calcutta, so as to be unable to attend at such trial without serious inconvenience, then to be examined before the Judge of the said Court before the day fixed for the trial: PROVIDED that due notice of the time and place of such examination shall be given to the accused party; PROVIDED ALSO that such witness may nevertheless be examined at the trial if he shall be able to attend there at in which case his previous examination may also be read at the trial.

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The Tamil Nadu District Police Act, 1859 Complete Act

State: Tamil Nadu

Year: 1859

THE TAMIL NADU DISTRICT POLICE ACT, 1859 The (Substituted by the Adaptation Order 1969) (Tamil Nadu) District Police Act, 1859 Act XXIV of 1859 An Act for the better regulation of the Police within the (Substituted by the Tamil Nadu Adaptation of Laws Order, 1970) State of Tamil Nadu WHEREAS it is expedient to make the Police-force throughout the (Substituted by the Tamil Nadu Adaptation of Law Order 1970) [State of Tamil Nadu] a more efficient instrument (Omitted by Act, 1936 (Madras Act XXI of 1936)) * * * * for the prevention and detection of crime and to re-organize the Police force (Repealed by the Madras Hereditary Village-Offices Act, 1895 (Madras Act III of 1895)) * * * * It is enacted as follows " 1. Interpretation " The following words and expressions in this Act shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction (that is to say), "Magistrate" the word "Magistrate" shall include all persons, within their respective jurisdictions, exercising all or any of the powers of a Magistrate; "Superior Police" (Substituted by Tamil Nadu Act 21 of 1936) [the expression "Superior.....

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Bengal Land Revenue Sales Act, 1859 Complete Act

State: West Bengal

Year: 1859

BENGAL LAND REVENUE SALES ACT, 1859 BENGAL LAND REVENUE SALES ACT, 1859 11 of 1859 4th May, 1859 An Act to improve the law relating to sales of land for arrears of revenue in the Lower Provinces under the Bengal Presidency. Preamble. Whereas it is expedient to discontinue the practice of obtaining the previous sanction of the Board of Revenue to sales of estates for arrears of revenue, or other demands of Government, in the Province of Cuttack; and whereas it is just that a person having a lien upon an estate, and paying the money necessary to protect it from sale for arrears of revenue, should be reasonably secured and whereas it is expedient to afford shares in estates, who duly pay their shares of the sadar jama of their estates, easy means of protecting their shares from sale by reason of the default of their co-sharers ; and whereas it is expedient to afford landholders, particularly absentees, facilities in guarding against the accidental sale of their estates for arrears of revenue by reason of the neglect or fraud of their agents ; and it is therefore proper, for the above and other purposes, to improve the law relating to sales of land for arrears of revenue.....

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Calcutta Pilots Act, 1859 Complete Act

State: Central

Year: 1859

.....by the said c[Port Officer], or such other person as the c[Central Government] shall direct, before a Court constituted under the provisions of this Act. SECTION 03: APPOINTMENT OF JUDGE - The6[Central Government] shall appoint a fit penon to be Judge of the laid Court SECTION 04: APPOINTMENT OF PROSECUTOR - The8[Central Government] shall appoint such penon as8[it] may think proper to conduct the proceedings before the Court at prosecutor on the part of Government. SECTION 05: TRIAL TO BE HELD BEFORE JUDGE ARID JURY. - Every trial under this Act shall be held before the said Judge and a jury composed of two merchants of Calcutta, a master of a merchantship lying in the Port of Calcutta, and a pilot of not less than twenty years' service. SECTION 06: LISTS OF MERCHANTS AND PILOTS LIABLE TO SERVE ON JURY - The Judge shall cause to be prepared and shall keep two separate lists, one containing the names of merchants, the other containing the names of pilots, liable to serve on such jury. The names in each list shall be arranged in alphabetical order, and the place of abode and quality or business of each pennon named shall be stated. SECTION 07: NOTICE TO.....

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Calcutta Pilots Act, 1859 Section 7

Title: Notice to Prosecutor and Place for Appoint in Jury

State: Central

Year: 1859

When the judge shall be about to hold a trial under this Act, he shall give notice to the prosecutor and to the party accused of a time and place to be fixed by the Judge for appointing a jury to serve at such trial.

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Calcutta Pilots Act, 1859 Section 8

Title: Appointment of Jury

State: Central

Year: 1859

At the time and place mentioned in the notice, the Judge in the presence of the prosecutor and the person accused shall read over the names which first occur in each of the said lists of those merchants and pilots who he has reason to believe are present in Calcutta and capable of attending as jurors at the trial; and shall also propose the name of a master of a merchant ship lying in the Port of Calcutta, whom he deems qualified to serve on such jury If no objection be made and allowed, the persons so nominated shall be the jury to serve at the trial. If the prosecutor or the party accused shall object to any of the persons named as jurors, he shall assign the grounds of his objection and such objection shall forthwith be decided by the Judge. If the objection be allowed, the Judge shall read from the said lists or propose (as the case may be) another name in the place of the one objected to and the person so nominated shall serve on the jury provided no objection to such person be made and allowed as aforesaid.

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Calcutta Pilots Act, 1859 Section 9

Title: Day of Trial to Be Fixed and Summons to Issue to Jurors. Penalty for Non-attendance

State: Central

Year: 1859

When a jury has been appointed under the last preceding section, the Judge shall fix a day for the trial and shall summon by writing under his hand the persons so appointed, to list as a jury. If any such person when duly summoned shall, without such excuse as the Judge shall allow to be sufficient, neglect or refuse to attend at the time appointed or to remain in attendance until the trial shall be completed, it shall be lawful for the said Judge to impose upon any such person a fine not exceeding two hundred rupees for every such default; and such fine, if not paid, shall be levied by distress and sale of the goods and chattels of the defaulter under a warrant to be issued for that purpose by the Judge. Such warrant may be transmitted by the Judge to any Presidency Magistrate for the town of Calcutta, and thereupon such Magistrate shall endorse the same and shall cause it to be executed in the same manner as if the warrant had been issued by such Magistrate.

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Calcutta Pilots Act, 1859 Section 10

Title: Trial How to Proceed Lf Any Jurors Does Not Attend

State: Central

Year: 1859

It for any cause any of the persons summoned to attend as jurors shall not be in attendance at the time fixed for the commencement of the trial, the trial may with the consent of the prosecutor and the party accused be held before the Judge and such jurors as shall be in attendance. If such consent be not given, the place of the absent juror shall be supplied by some other person selected by the Judge from the same profession or calling as the person originally summoned and who shall consent to serve, provided no objection to such person be made and allowed in manner aforesaid. If the parties or either of them do not consent that the trial shall be held before the Judge and such jurors as may be in attendance and the place of the absent juror cannot be supplied by a person consenting to serve, the trial shall be postponed to another day and the Judge shall either re-summon the same jury or appoint and summon another jury in the manner hereinbefore provided.

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Calcutta Pilots Act, 1859 Section 15

Title: Arrest

State: Central

Year: 1859

(1) Whenever the Judge of the said Court thinks it necessary for obtaining evidence that any person should be arrested, he may issue a warrant for his arrest, and may, for the purpose of effecting the arrest, authorize any officer (subject, nevertheless, to any general or special instructions from the Central Government) to enter any vessel. (2) Any officer so authorized may, for the purpose of enforcing the entry, call to his aid any officers of Police or Customs, or any other persons, and may seize and detain the vessel for such time as is reasonably necessary to effect the arrest; and every such officer or other person shall be deemed to be a public servant within the meaning of the Indian Penal Code, section 186 (3) No person shall be detained under this section for more than forty-eight hours.

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Calcutta Pilots Act, 1859 Complete Act

Title: Calcutta Pilots Act, 1859

State: Central

Year: 1859

.....to attend at certain time and place, Examination of witnesses about to leave Calcutta Section14 - Penalty for witnesses not attending or refusing to give evidence Section15 - Arrest Section16 - Verdict of jurors Section17 - Sentence if accused found guilty Section18 - No sentence final till approved by Government Section19 - If verdict of jurors be manifestly contrary to evidence, or trial otherwise insufficient Section20 - Power to make rotes Section21 - Commissioners of Part of Calcutta may pass orders upon charge of breach of duty where trial unnecessary Section22 - Withdrawal of license from licensed pilot Section23 - Act applicable to persons in pilot service and to licensed pilots

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