1 88 [Past VI,
2 CHAPTER IV.—-THE KHAIBAR PASS—continued,
3 B.—British-Khaibar Pass Enactments.
4 Special Local Laws.
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6 - SOO TT ae
7 haba Subject of Notification,
8 Notification,
9 1880 plat powers on certain offi- | Vo. 2135-H.P., dated the 2nd July, 1880.—Whereas the Governor
10 )
11 cials under the Code of Criminal] General of India in Council has power and jurisdiction witbin
12 Procedure, and modifying the Code the tract of land noted in the margin: In
13 in its application to the Pass. Khaiber Pass, and gxercise of such power and jurisdiction, and
14 re adept al ethe «Of the powers conferred by sections 4 and 6 of
15 Paus on either eideof Act XXI of 1879 (the Foreign Jurisdiction
16 the roadway. and Extradition Act, 1879), and of all other
17 wers enabling him in this behalf, the Governor General in
18 ouncil is pleased to issue the following Notification :—
19 1. The Political Officor for the time being in charge of the
20 aforesaid tract shall exercise the powers described in section 36
21 of Act X of 1872(') (the Code of Criminal Procedure), and the
22 powers of a Magistrate of tho District as described in the same
23 Act within the aforesaid tract.
24 2. The Assistant Political Officer for the time being within the
25 aforesaid tract shall exercise the powers of a Magistrate of the
26 first class as described in Act X of 1872(') within such tract.
27 3. The Officer Commanding for the time being the corps of
28 Jezailchis within the aforesaid tract shall exercise the powers of
29 a Magistrate of the second class as described in Act X of 1872(')
30 4. The Commissioner and Superintendent for the time being of
31 the Peshawar Division shall exercise the powers of a Court of
32 Session as described in Act X of 1882) within such tract :(*)
33 Provided that, for the pu: poses of the exercise of the jurisdiction
34 hereinbefore conferred, the said Act X of 1872 (') shall be read
35 subject to the following modifications :—
36 (a) The Court of Sessions may take cognizance of any offence, as
37 a Court of original criminal jurisdiction, without the accused
38 person being comm itted to it by a Magistrate.
39 (5) No appeal shall lie frcm any order of the Sessions Judge,
40 (c) The functians of the High Court asa Court of reference and
41 revision shall be discharged by the Governor General in
42 Council,
43 (¢) All othe: functions of the High Court shall be disvharged by
44 the Court of Session.
45 (e) Trials before the Court of Sessions may, in the discretion of
46 tho Sessions Judge, be conducted without the aid either of a
47 jury or assessors.
48 (J) Whenever the Sessions Judge deema it essential for the main.
49 tenance of tranquillity that a sentence of death legally passed
50 by him should be executed forthwith, be may order
51 such sentence to. be executed without tho confi:mation
52 of tho Court of reference :
53 Provided also that in any case in which the complainant (if any)
54 and all the accused persons are not Biitish subjects, it shall
55 be in the discretion of the said Political Officer, the said Assist-
56 ant Political Officer, and the said Commissioner and Super-
57 intendent of the Peshawar Division,(3) respectively, to decline
58 to exercise the powers hereby conforred on them.
59 [See Gazette of India, 1880, Pt. 1, p. 344.)
60 =e I ER RE Sa ET — OS TE TER te ce ey peal aD aS Se aT REY
61 ah Repoaled in Britwh India by Act X of 1982,
62 (?) Aa amended by Notifications Nos 1085 nnd 1140-F on page 80, s4/ra.
63 (*) As amended by Notuafication No. 10s6-F, on page 88, wi,