them respectively according to the Regulations and Acts now or hereafter to be in force, save only that no such Magistrate or Court shall have power under this Act to sentence to the punishment of death any of her Majesty's natural subjects born in Europe, or the children of such subjects.

II. Every one of her Majesty's natural born subjects born in Europe, and every child of such subjects convicted before any such Criminal Court of any offence which, according to any Regulation or Act now or hereafter to be in force is punishable with death, shall be transported out of the territories under the Government of the East India Company for life, or for such term as the Court shall adjudge.

III. The Judges and Magistrates of the Courts of the East India Company may in any case in which it shall seem fit to them, with the approval of the Governor, LieutenantGovernor, or Governor-in-Council of the Presidency or place, send any of her Majesty's natural born subjects born in Europe, or the child of any such subject charged with any offence before them to be tried before the Supreme Court of Judicature, instead of trying and punishing him under this Act.

of

IV. Clause CV. of 53 George III. chapter 155, being so much of an Act of Parliament passed in the 53rd year the reign of King George III. for the better administration of Justice within the British territories in India, as relates to assaults, forcible entries, or other injuries accompanied by force, which may be committed by British subjects at a distance from the place where the Courts are established by Royal charter, is repealed.

V. Nothing by this Act shall be deemed to take away

the jurisdiction of the several Courts established by Royal charter in Calcutta, Madras and Bombay, for the trial and punishment of treasons, felonies and misdemeanors, and for the due administration of criminal justice according to the tenour of the said several charters; so, nevertheless, that no person shall be liable to be punished twice for the same offence.

VI. The word, magistrate, as used in this Act, shall be understood to mean every officer, however styled, who has authority to exercise all or any of the powers of a magistrate. Ordered that the draft now read be published for general information.

WHEREAS, the laws in force for trial by Jury in certain cases require to be amended, and made the same throughout British India, it is enacted as follows:

I. Regulation X. 1827, of the Madras Code; Section IV. V. VI. of Regulation VI. 1832, of the Bengal Code; and Section XXXII. of Act VII. 1843, are repealed; but this repeal shall not affect the validity of any proceedings taken in any Court under the repealed Sections before the arrival of a copy of this Act at the Sudder station, where such Court is held, or any proceedings which may then be depending before such Court.

II. Every person who at the time of his committal for

trial before a Session's Judge claims to be tried by a Jury shall be entitled to be tried under this Act.

III. All persons of reputed intelligence, respectability, and consideration, between the ages of twenty-five and fifty years, are qualified to serve on Juries.

IV. All qualified persons are liable to serve on Juries, unless included in any of the classes following, that is

to say,

First.-Judges, magistrates, and other judicial officers, law-officers, Vakeels, officers and servants of the Courts of Justice.

Second.-Commissioners, collectors, deputy-collectors, and other persons in the Revenue service.

Third.-Postmasters, and persons in the service of the Post Office.

Fourth.-Officers and others in the Military service of her Majesty or the East India Company.

Fifth.-Surgeons and others, who openly and constantly practise in the profession of physic.

Sixth.-Chaplains, priests, and others employed in religious offices.

Seventh.-Principals, professors, and teachers of any Government college or school.

Eighth.-Ascetics and other persons, who by habit or religious vows, have relinquished all care of worldly affairs. Ninth.-Persons disabled by permanent diseases, which confine them to their homes.

Tenth-Persons specially exempt by any order of Government.

V. The Collector in each district shall make out, yearly, under the direction of the Commissioner, a list of the names and dwelling-places of all persons within his district, qualified and liable to serve on juries, whose usual dwelling is

not more than

miles from the Sudder Station, where

a Court of Sessions is held.

VI. Any person excluded from the list, who thinks that his rank, station, and character entitle him to be included therein; and also every person improperly included therein, may require the Collector o alter the list accordingly: if the Collector shall not comply with the request, an appeal from his decision shall lie to the Commissioner, whose decision is final. The list, when finally corrected, shall be sent to the magistrate of the Sudder station.

VII. The magistrate at the Sudder station shall summon as many persons as seem to him to be needed for jurytrials. The names shall be drawn by lot, excluding those who have served within two years, unless when the number cannot be made up without them.

VIII. All persons liable to serve on juries, who shall refuse, or without lawful excuse, to be allowed by the Judge, neglect to attend when summoned, or who, when attending, shall refuse to try the prisoners whom they are charged to try, shall be liable to such reasonable fine, as the Judge, having regard to their rank and means of paying the fine, shall set on them for their contempt of court: all such fines shall be subject to review, on summary appeal to the Nizamut or Foujdaree Adawlut.

IX. Whenever any jury-trial is to be had, five persons shall be chosen by lot, at the time of holding the Sessions, from those who attend on their summons: in default of a sufficient number, the Judge shall make up the jury from the persons present in Court, or whom he shall cause to be summoned for the purpose.

X. Either the prosecutor or the prisoner may object to any of the persons chosen to be of the jury, stating the ground of his objection: if it is allowed by the Judge, the

juryman objected to shall be set aside for that trial, and another chosen in his stead. The place of birth, descent, or creed of any jurýman shall not be lawful ground of challenge. If not objected to, the same jury may try as many prisoners successively as to the Judge seems expedient.

XI. One of the jury shall be appointed by the Judge to act as foreman.

XII. All the evidence for and against the prisoner shall be taken in the presence and hearing of the jury, who shall be entitled to suggest questions to the witnesses, which, if proper to be put, shall be put under the direction of the Judge. At the end of the trial the Judge shall explain the evidence to the jury, and thereon the foreman shall declare for the verdict of the jury, whether in their opinion, or in the opinion of the majority of them, the prisoner is guilty or not guilty.

XIII. As soon as the verdict is given, the Judge shall declare his approval or disapproval of it. If the Judge approves of a verdict of not guilty, the prisoner shall be discharged if the Judge approves of a verdict of guilty, he shall proceed to pass sentence on the prisoner, or send the proceedings for final sentence to the Nizamut or Foujdaree Adawlut, as the case may be, according to law; and the jury shall have no voice in deciding on the amount of punishment to be awarded: if the Judge disapproves of the verdict, he shall refer the case, with his observations, to the Nizamut or Foujdaree Adawlut. In the last-mentioned case the jury also shall be empowered to record, under the hand of their foreman, the reasons for their verdict, which the Judge shall send with the other records of the trial.

XIV. An appeal shall lie to the Nizamut or Foujdaree Adawlut against the decision of the Judge in not setting