1 I] 15
2 Al4&: NATIVE STATES IN INDIA. APPENDIX A—conteaned
3 Rules under the Foreign Jurisdiction and Extradition Act,as to issue of warrants and
4 treatment of presoners—continued.
5 6. If the accused person be a British subject, but the Courts of the State do not by custom or
6 pecoe nian as aforesaid try Native British subjects, the Political Agent shall dispose of the case
7 imself. a
8 7. If the punishment which may be awarded by the Indian Penal Code for any offence for which
9 the accused person has been suriendered as above be more than the Courts of the State by custom or
10 se clolias as aforesnid inflict, the Political Agent may try the case himeelf if he thinks it advisable
11 0 GO 80.
12 8. Notwithetanding anything in the three preceding rules, the Political Agent shall try any
13 such case himself, or make it over for trial to the ordinary Courts of the State, if he be generally or
14 specially instructed by the Governor General in Council so to do.
15 9. In cases made oVer for tiinl by the Courts of a Native State under Rules 6 and 7, the Political
16 Agent shall satisfy himself that the accused receives a fair trial, and that the punishment inflicted
17 in the case of his conviction is not excessive or barbarous; and, if he is not so satisfied, he shall
18 demand the restoration of the prisoner to his custody, pending the orders of Government.
19 10. A return of all persons made over for trial by the Courts of a Native State under Rules 5
20 and 7 shall be submitted half-yearly by the Political Agent to the Government of India o1 the Gov-
21 ernment of Madras or Bombay, as the case may be, in the following form :—
22 Half-yearly Return, under Rule 3(3) of the Rules under the Extradition Act (XI of
23 18723) ,(*) of persons made over by the Political Agent at Sor trial by the
24 Courte of Native States under Rules 6 and 7, for the period ending
25 Nature of
26 E lagna Whe Dute of State to Reasons for cores
27 r= Name of peyson |Nattonslity. with which) . .ouMa | surrender. which sur- wuyrendor. with date | REMARKS.
28 A, charged rendered vs aa
29 ‘és for trial. rlsaeteng
30 al
31 |
32 |
33 ee
34 11. Persons airested in British territory on a warrant issued by a Political Agent under
35 section 11, and persons arrested on a warrant issued under section 14, shall be treated, as far as
36 possible, in the same way as pe)sons under trial for 4 similar offence would be treated under the Code
37 of Ciiminal Procedure [Act X of 1872(*)], or under the procedure in force in the Presidency-towns
38 1f the arrests take place within any Presidency-town. on
39 12. The peisons sentenced to imprisonment by the Political Agent shall, if British subjects,
40 be conveyed to the most convenient jail in British territory, there to be dealt with as though the
41 conviction had taken place in a Court of British India. provided always that no appeal shall thereby
42 be given other than is allowed by any rule for regulating appeals from the devisions of the Political
43 Agent. »
44 13. Nothing in rules 6 to 10, inclusive, which refer to cases under section 13 of the said Act
45 shall be deemed to apply to Political Agents immediately under the authority of the Governor in
46 Council of the Presidency of Fort Saint George or the Governor in Council of the Presidency of
47 Bombay.
48 [See Gazette of India, 1875, Pt. I, p. 128.]
49 No. 149-J., dated the 8th October, 18%5.—The Governor General in Council is pleased to order
50 that the notification of this Department [%.¢., the Foreign Department], No 31-J., dated 12th
51 March, 1875, publishing certain Rules under Act XI of 1872 (the Foreign Jurisdiction and Extradi-
52 tion Act, 1872),(?) shall not apply to Native territory under the direct administration of the Buitish
53 Government, in which the Code of Criminal Procedure (Act X of 1872)(°) is in force.
54 [See Gazette of India, 1875, Pt. I, p. 624.]
55 (') Sse. Bead ‘ Rule 10.’
56 (2) Repealod. Sec now Act XXI of 1879
57 (8) Repealed in British India by Act X of 1682
58 ——— = rm