664 THE ACTS OF THE
or of Acf No. XII. of 184·3. But the Appellate Court may, by precept, 1·equire the Officer of the Lower Court to comply with
Appellate Court by pre- cept may require cornpli· ance.
the provisions of this Act or of Act N 0 , XII. of 184·3, and to certify his reasons for any such decision, sentence, or order to the
Appellate Court; and any such Appellate Court may, if it deem necessary for the ends of justice, postpone its final decision in the appeal until such precept shall have been returned.
V. Nothing in this Act contained shall be deemed to repeal Saving of provisions of any of the provisions of Act No. XII. Act No, XII, of 1843. of 1843."
ELECTRIC TELEGRAPHS.
ACT NO. XXXIV. OF 1854.
··[Received assent of G. G. on the 23rd Decemoer, 1854.
1. East India Company to have exclusive privilege of establishing Electric Telegraphs in India: but G. G. in C. may grant license on conditions.
2, 3. Persons establishin,q Electric Telegraphs without autl~ority to be liable to specified penalty, and (3) also pe1·sons ttsing unauthorized Telegraph.
4. Empowers G. G. in to C. to take possession of private lines of Telegrapho11 emergency.
5. G. G. in C. may establish Electric Telegraph on line of Railway Company. 6. Enipowers G. G. in 0. to make rules for cond1~ct of Electric Telegraph11. 7. Gove1"nment not to be responsible frn· loss occasioned by failure to transmit,
or erroneous transmission of Telegraphic messages.
8. Per11ons t4nlawfully entering or rifusing to quit Telegt•aph office to be li1,1ble to perw.lty.
9. Persons wilfully causing inte1·ruption to tke transmission of signals, <tc. by cutting- line, &c. to be liable to penalty.
10. Pe1·son damaging Telegraph posts or portion of line liable to penalty, II. ' Person fraudulently 01' maliciously making away with, ~c. message ol' dis.
closing it, liable to penalty. 12, 13, 14, Person in Teleg1·aph Depat•tment, by drunkenness, ~c. endanger·
ing transmission of message, &c. liable to penalty; or ( 13) f1·audulently trans- mitting message on which charge is not paid, or {14) false and fabricated message,
.to be liable to penalty. 15, 16. Persons not being European B1·itish subj?cts, and {16) European
B1·itish subjects to be punishable by Magistrate within whose jurisdictionlfoe ojf'ence
is committed. l7. Conviction ;wt to be quashed, except on the merits. Depositions to be
retul'ned with. co11Viction.
[1854.
the Appellate Court may, by er Court to comply with
of this Act or of Act No. to certify his reasons for sentence, or order to l:he te Court may, if it deem
tpone its final decision in been returned.
shall be deemed to repeal s of Act No. XII.
Deeem'ber, 1854.
ACT XXXIV.) LEGISLATIVE COUNCIL. 665
18, 19. Empower;· Magistrate torqfer case fo!· tl'ial to Assistant Ot' Deputy, or (19) Assistant or Deputy may try :Without reference if autlw1·ized by Gu· vet·nment.
20. Fines leviable by distress and sale of goods.
21. Sm'Vants of E. 1. O. in the Electr~·c Teleu1·oplt Department in fol·eign territm·y punishable for offences, and where.
22. Intet·prets words " i'J:agistmte" and " Fine."
23. G. G. in C. may frame rz1les for conduct of Electric Telegt·aph.
An Act for regulating the establishment and management of Electric Telegraphs in India.
Whereas it is expedient that provisio~n should be made for
Preamble. regulating the establishment and manage- ment of lines of Electric Telegraph in
India, it is enacted as follows :
I. Within the territories in the possession and under the
The E. I. Company to have the exclusive privi- lege of establishing Elec- tric Telegraph.
Government of the East India Company, the said East India Company shall have the exclusive privilege of establishing lines of Electric Telegraph. Provided that the
Governor General of India in Council may grant a license to
Proviso. any pers'on or Company to establish a line of Electric Telegraph within any part of
such territories, which license shall be revocable on the breach of any of the conditions therein contained.
II. Whoever shall, otherwise than under a license duly
Penalties for establish· ing or maintaining Un· authorized Electric Tele· graphs.
granted as aforesaid, establish or after revocl:ltion of such license maintain a line of Electric Telegraph within the said territories, shall be liable to a fine not
exceeding one thousand rupees, and for every week during which such line shall be maintained shall be liable to a further fine not exceeding five hundred rupees.
III. Whoever shall use a line of Electric Telegraph, know-
ing or having reason to believe that it.is an Penalty for using or work- unlicensed line, for the purpos.e of sendinging such 'l'elegraphs.
or recelVmg messages, or shall perform any services inCidental thereto, shall, for every such offence, be liable to a fine not exceeding fifty rupees.
IV. 'fhe Governor General of India in Council may, on the
666
Government may take possession of Telegraphs established by license.
the said territories.
TilE ACTS OF THE [1854.
'occurrence of any public emergency, take temporary possession of any line of Electric 'l'elegraph established under license within
V. Any Railway Company; on being required so tu do by the Governor General of India in Council, shall
GovernmonL may estab- lish '1'elograph on land of Hacilway Company.
permit the Government to establish upon the land of such Company adjoining the
line of Railway a line of Electric 'felegraph, and shall give every reasonable facility fot· establishing and using the same.
VI. The Governor General of India in. Council may from
Governo1· General in Council to fhtme rulos for the conduct of Govern- ment 'l'clegraphs,
time to time frame rules for the conduct of Electric Telegraphs established by Govern- ment not inconsistent with this Act, and therein prescribl'the regulations, conditions,
and restrictions according to which all mess{lges and signals shall be transmitted.
VII. The Government shall not be responsible for any loss or damage which may occur in consequence
Government not responsi- of any person employed by the Govern- ble for loss or damage.
ment in the Electric Telegraph Department failing to transmit with accuracy any message entrusted to him for transmission; and. no such person shall be responsible for any .'such loss or damage, unless he shall cause the same neg- ligently, maliciously, or fraudulently.
VIII. Whoever shall without permission enter into a Govern- ment Telegraph Office, or shall refuse to
No person to intrude into quit the same on heine: requested to do so a Telegraph Office. ~
by any officer or servant employed therein, or shall wilfully obstruct or impede any such officer or servant in the petformance of his duty, shall be liable to a fine not exceed- ing one hundred rupees.
I X. vVhoever shall wilfully cause or attempt to cause any
Penalties for cutting the line.
.interruption to the transmission of signals along a line of Electric Telegraph estab· lished by the Government, by cutting or
injuring the. wire, or by injuring any portion or the line, or any
ACT XXXIV.) LEGISI.. ATtVE QOUNCJL,
instrument or apparatus, or by any other means, shall be liable to he imprisoned, with or without hard l!lbor, for a term not exceeding two years, or to fine, or to both.
X. Whoever shall wilfully or negligently damage ol' injure
Injuring posts, &o, any post or any portion of the line of such Electric Telegraph, shall be liable to a fine
not exceeding fifty rupees. XI. Whoever, being in the employ of the Government in the.
Penalties for f\'l:mdulent- ly omitting messages at• secret mellSages.
Electric Telegraph Department, shall frau- - dulently or maliciously secrete, make away .with, alter, or omit to transmit any message which he may have received for transmis-
sion, or shall fraudulently or maHciously disclose any message so t'eceived hy him und tlireGted to be kept secret, shaH be liuble to be imprisoned, '\'l>ith or without hard labor, for a term not exceeding two years, or to fine, or to both.
XII. Whoever being in such employ shall be guilty of a1)y act of drunkenness, carelessness, or other
Penalty fot· misconduct. misconduct, whereby the transmission or
delivery of any message shall be endangered, or who shall loiter or make delay in the transmission or delivery of any message shall he liable to a fine not exceeding one hundred rupees.
XIII. Whoever being in such employ shall transmit by the . JJ!lectric Telegraph any message upon
Penalties for sending messages without pay- which the prescribed charge has not been ment to Government.
paid, intending thereby to defraud ihe Government, shall be Hable to be imprisoned, with or without hard labor, for a term not exceeding two years, or to fine, or to both. ·
XIV. Whoever shall fraudulently or maliciously tran>~mit or cause to be transmitted by ah Electric
Penalties for transmis· sion of fabl'icated mes· Telegraph established by Government a sages. message which he knows to be false or
fabricated, shall be liable to be imprisoned, with or without hard labor, for a term not exceeding two years, Ol' to fine, or to both.
XV. Any person not being a European British subject, who shall, beyond the local limits of the juris-
Persons other than Eu- f I-T ',r • ' S C ropean British subjects diction o :~.er 1V1-UJesty s upreme 'ourt liable to be punished. of Judicature, commit any of the offences
mentioned in Sections IX. XI. XIII. and XIV. of this Act,
VOL. II, K 4
668 THE ACTS OF THE [l254.
shall be punishable upon conviction by any Magistrate within whose jurisdiction the offence shall be committeu.
XVI. Any person, whether European British subject or not, who shall be guilty of any offence for
Fines how to be recovered, which, according to the provisions of this Act, he shall be liable to a fine only, shall be punishable for such offence by any Justice of the Peace for any of the presi- dency 'fowns of Calcutta, Madras, and Bombay, Ol' for any of the Settlem.ents of Pt'ince of Wales' Island, Singapore, and Malacca, Magistrate, Joint Magistrate, or person lawfully exer- cising the power of Magistrate, within w.hose jurisdiction the offence shall be committed; and any person hereby made punish- able by a J.tt-trtice of the· Peace, shall be punishable upon
summary eonviction. XVII. No conviction, order, or judgment of any Justice of
ConYictiou to be quash· ed on merits only. Form of conviction, &c.
the Peace shall be quashed for error of form or procedure, but only on the merits; and it shall not be necessary to state on the
face of the conviction, order, or judgment, the evidence on which it proceeds: but the depositions taken, or a copy of them, shaH be returned with the conviction, order or judgment, in obedience to any writ of cm·tiarat·i; and if no jurisdiction appears on the face of the conviction, order, or judgment, but the despositions taken supply that defect, the conviction, ordet·, or judgment shall be aided by what so appears in such depositions.
XVIII. A Magistrate may refer for trial and decision an) charge of an offence hereby made punish
Magistrate may refer charge to his Assistants. able by fine only, to any of his Assistant
. or to any Deputy Magistl·ate lawfully ar pointed to C:J:Cercise the powers of a Covenanted Assistant; an in such case every such Assis~ant or Deputy Magistrate mf exercise all the powers vested in. a Magistrate, subject to all f rules applicable to criminal cases deputed to such Assistants Magistrates acting judicially.
Xl>X. The local Government may give general authority
Government n1ay au· thorize Assistant a1id De· pnty Magistrates to exe1·· cise certain powers.
any such' Assistant or Deputy Magistr to exercise, without reference by a Ma trate, any of the powers which they hereby rendered competent to exe1
[I g54.
Magistrate within
cl. sh subject or not,
any offence for provisions of this
be punishable for anv of the presi-
mb,::·, or for any of Sino·arJore, and
' "n lawfully ex:er- jurisdiction the ' made punish-
cul!uo•uowle upon
ACT :XXXIV.) LEGISLATIVE COUNCIL. 669
upon reference by a Magistrate, subject to appeal to the Magis- trate from any conviction by such Assistant or Deputy Magis- trate, within one month from the date of the conviction. Pro- vided that a Magistrate may at any time call from any of his Assistants, or from any Deputy Magistrate subordinate to him, any ease pending before such Assistant or Deputy Magistrate.
XX. All fines imposed under the authority of this Act, for
Fiues how levied. offences punishable by fine only, by any Justice of the Peace, Magistrate, Joint
Magistrate, or person lawfully exercising the powers of a Magis- trate, or by any Assistant to a Magistrate, or Deputy Magistrate, may, in case of non-payment thereof, be levied by distress and sale of the goods and chattels of the offender, by warrant under
the hand of any of the above-named Officers; and in case any such fine i>hall not be forthwith paid, any such Officer may order the offender to be apprehended and detained in safe custody until the return can be conveniently made to such war· rant of distress, unless such party shall give security to the satisfaction of such Officer for his appearnce at such place and time as shall be appointed for the return of the warrant of distress, and such Officer may take such security by way of
. recognizance or otherwise; and if, upon the return of such warrant, it shall appear that no _sufficient distresa can be had whereon to levy such fine, and the same shall not be forthwith
paid, or in ease it shall appear to the satisfaction of such
Officer, by the confession of the party or otherwise, that he has not sufficient goods and chattels whereupon such fine or sum of
money could be levied if a warrant of distress were issued, any such Officer by warrant under his hand may commit the offender
Imprisonment, if no to prison> there to be imprisoned only, or sufficient distress, &c. to be imprisoned and kept to hard labor>
according t9 the discretion of such Officer, for any term not ex- ceeding two calendar months where the amount of the fine shall not exceed fifty rupees, and for any term not exceeding fou~ calendar months where the amount shall not exceed one hundred rupees, and for any term not exceeding six calendar months in
any other ease; the commitment to be determinable in each of the eases aforesaid on payment of the amount.
670 .TflE ACTS OF THE [1854.
XXI. If any Servant of the East India Company, employed
Authority ·to punish Servants of tho East India Company who commit of· fences against this Act in J5'1oreigu r.erritory ~
in the Electric Telegraph Department within the dominions of any Foreign Prince or State in alliance with the said Company, in which an Electric Telegraph is estab-
lished by the said Company, shall, within the dominions of such Prince or State, commit any act hereby prohibited, or omit to 'do any act hereby required to be done by any person similarly employed within the territories under the Government of the said Company, such Servant of the said Company shall be guil- ty of an offence, and on conviction thereof shall be punished in the same manner as if such act had been done or omitted ·within the said last mentioned territories; and every such person may be tried, convicted, and punished either by fine or otherwise; according to the nature of the offence, by any Court or Officer duly empowered by the Governor General of India in Council to take cognizance of offences committed in such dominions by ser- vants of the East India Company, or by any Court or Magistrate or other competent Officer in any part of the territories within the Government of the East India Company, in the same man- ner as if the offence had been committed in such part of the said territories.
XXII. The word "Magistrate" in this Act shall include Joint Magistrates and persons lawfully exer-
Explanation of terms. cising the powers of Magistrates; and the
word "Fine" shall include a penalty or forfeiture. XXIII. It shall be lawful for the Governor General in
Council to frame rules for the conduct of Government to frame
rulesforTelegraphsestab- any Electric Telegraph established by Ushed by license.. . ·
license under this Act, and to declare from time to time what ·portions of this Act shall be applicable to such Telegraph and to persons using the same or employed in
connexion therewith,