[11th April,, 1856] European
Deserters Act, 1856 Repealed
by A.O. 1950 Passed by the Legislative Council ob India. (Received the assent of the Governor General
on the 11th April, 1856.) An Act
for the better prevention of desertion by European Soldiers from the Land
Forces of Her Majesty and of the East India Company in India. Whereas it is
expedient to make better provision for apprehending and detaining European
deserters from the Land Forces in the Service of Her Majesty and of the East
India Company in India, and for punishing persons who aid and encourage such
deserters: It is enacted as follows:? If it
shall appear that any officer or soldier, being a deserter from the said
Forces, has been concealed on board any merchant vessel, and that the master or
person in charge of such vessel for the time being, though ignorant of the fact
of such concealment, might have known of the same but for some neglect of his
duty as such master or person, or for the want of proper discipline on board
his vessel, such master or person shall be liable to a fine not exceeding five
hundred Rupees. Provided always, that no conviction for such offence, as is
hereinbefore described, shall be lawful, unless the same shall be stated in the
charge which the party is called upon to answer; and Bin such charge, it shall
be lawful to state in the alter-native that the party has either knowingly
harboured or concealed a deserter on board his vessel, or has, by neglect of
duty or by reason of the want of proper discipline on board the vessel, allowed
such deserter to be so concealed. Any
person, whether a European British subject or not, who shall be guilty of an
offence punishable under this Act, shall be punishable for the same by any
Justice of the Peace for any of the Presidency Towns of Calcutta, Madras, and
Bombay, or for any of the Settlements of Prince of Wales' Island, Singapore,
and Malacca, Magistrate, Joint Magistrate, or person lawfully exercising the
powers of a Magistrate in any Port within the Territories of the East India
Company within whose jurisdiction the offence may have been committed, or such
person may have been apprehended or found, whether the offence shall have been
committed within the local limits of the jurisdiction of such officer or not;
and any person hereby made punishable by a Justice of the Peace shall be
punishable on summary conviction. No
conviction, order, or judgment of any Justice of 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,
shall be returned with the conviction, order, or judgment, in obedience to any
writ of certiorari; and if
no jurisdiction appears on the face of the conviction, order, or judgment, but
the depositions taken supply that defect, the conviction, order, or judgment
shall be aided by what so appears in such depositions. Nothing
in this Act contained shall prevent any Justice of the Peace, Magistrate, or
other Officer having authority in that behalf, from committing for trial any
person who shall be charged with an offence punishable under Act No. XIV of
1849, or any other Act hereafter to be in force, notwithstanding that such
offence may be also punishable under this Act. Proviso.?
Provided that no proceedings shall have been had against such person in respect
of the same offence under this Act. Whenever,
on information given on oath or solemn affirmation, where by law a solemn
affirmation may be used instead of an oath, to the Commanding Officer of any
fort, garrison, station, regiment, or detachment, at any port or place within
the Territories of the East India Company, in which no person lawfully
exercising magisterial powers can be found, I which oath or affirmation the
several persons above named shall severally under this Act have power to
administer; or whenever, on such information as aforesaid given to any Justice
of the Peace, Magistrate, Joint Magistrate, or person lawfully exercising the
powers of a Magistrate, having jurisdiction within such port or place, there
shall appear reason to suspect that any European Officer or Soldier belonging
to the said Forces, who may have deserted or be bsent without leave, is on
board any ship, vessel, or boat, or is concealed on shore at any such port or
place within the Territories of the East India Company, it shall be lawful for
such Commanding Officer or Justice of the Peace, Magistrate, Joint Magistrate,
or person lawfully exercising the powers of a Magistrate as aforesaid, to issue
a warrant authorizing the person or persons to whom such warrant may be
addressed, to enter into and search, at any time of the [day or night, any such
ship, vessel, or boat, or any house or place on shore, and to apprehend any
such officer or soldier, and to detain him in custody in order to his being
dealt with according to law. The
warrant to be issued under the preceding Section may be addressed to any
European Officer or (Soldier of the said Forces, or to all constables, peace
officers, and other persons who may be bound to exe-cute the warrant of any
Justice of the Peace, Magistrate, Joint Magistrate, or person lawfully
exercising the powers of a Magistrate, and acting in the execution of this Act;
and all such persons shall be bound to execute, perform, and obey such warrant. Every
person who shall be apprehended under any warrant under the 5th Section
of this Act, shall be brought without delay before a Justice of the Peace,
Magistrate, Joint Magistrate, or person law fully exercising the powers of a
Magistrate, in or near the place wherein such person shall have been arrested,
who shall examine such person, and, if he shall be satisfied, either by the
confession of such person or the testimony of one or more witness or witnesses,
or by his own knowledge, that such person is a deserter from the said Forces,
shall cause him to be delivered, together with any depositions and papers
relative to the case, to the Commanding Officer of the regiment, corps, or
detachment to which he shall belong, if the same shall be in or near the place
of such arrest, or, if otherwise, then to the Commanding Officer of the nearest
military station, in order that he may be dealt with according to law. European
Deserters Act, 1856 [Repealed]
[Act 11 of 1856]
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