Page 197 - Gulf Precis (III)_Neat

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ner pointed out in the next preceding Article of this Order, notwithstanding the crime laid
to the charge of such person may be the first of which he has been convicted before the
Consul.
‘'23. And it is further ordered that it shall be lawful for Her Majesty's Consul
to cause any British subject charged with the commission of any crime or offence,
the cognizance whereof may at any time appertain to him, to be sent in any of Her Majesty's
ships of war, or in any British vessel, to Her Majesty's territory of Bombay, for trial before
the High Court of the said territory ; and it shall be lawful for the Commander of any of
Her Majesty’s ships of war, or of any British vessel, to receive any such person on board with
a warrant from the said Consul addressed to the Chief Magistrate of Police of the 6aid terri­
tory, and thereupon to keep and detain in lawful custody and to convey him in custody
to Bombay, and on his arrival there to deliver him, with the said warrant, into the custody of
the said Chief Magistrate of Police, or other officer within the said territory lawfully acting as
such, who, on receipt of the said warrant, and of the party therein named, shall be authorized
to commit, and shall commit, such party so sent for trial to the Common Goal of the said ter­
ritory ; and it shall be lawful for the Keeper of the said Common Goal to cause such party to be
detained in safe and proper custody, and to be produced upon the Order of the said High
Court, and the High Court at the Sessions to be holdcn next after such committal shall pro­
ceed to hear and determine the charge against such party, and to punish him for the same,
if found guilty, in the same manner as if the crime with which he may be charged has been
committed within Her Majesty's said territory of Bombay."
9. In an Order of Her Majesty in Council of the same date, relating to Consular Jurisdic’
tion at Zanzibar, similar provisions are contained.
Order.—Ordered that the following Proclamation be published in the Gazette of
India.—
PROCLAMATION.
Whereas in Sections 367, 370, and 371 of the Indian Penal Code, it is provided
as follows
u 367. Whoever kidnaps or abducts any person, in order that such person may be sub­
jected or may be so disposed of as to be put in danger of being subjected to grievous hurt,
or slavery, or to the unnatural lust of any person, or knowing it to be likely that such persoa
will be so subjected or disposed of, shall be punished with imprisonment of either descrip­
tion for a term which may extend to ten years, and shall also be liable to fine.
u 370. Whoever imports, exports, removes, buys, sells, or disposes of any person as a
slave, or accepts, receives, or detains against his will any person as a slave, shall be
punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
M 371. Whoever habitually imports, exports, removes, buys, sells, traffics, ordeals in
slaves shall be punished with transportation for life, or with imprisonment of either
•description fora term not exceeding ten years, and shall also be liable to fine”;—•
And Whereas in Sections 107 to 120 of the Indian Penal Code the abetment of
•offences is defined and penalties are prescribed (or such abetment ;—
AND WHEREAS the English Statute Law relating to the Slave Trade is set forth
in 5, Geo. IV, Cap. 113, and 6 and 7 Viet., Cap.y8, which Statutes apply to all British sub­
jects;—
THEREFORE the Governor-General of India in Council hereby notifies, for the infor­
mation of all persons concerned, that any person or persons who may violate the provi­
sions of the Indian Penal Code above recited or referred to, or the provisions of the afore­
said Statutes, 5. Geo. IV, Cap. 113, and 6 and 7 Viet., Cap. 98, shall forfeit all claim to the
protection of the British Government, and shall be liable to all the penalties of the Law
provided in that behalf.
By Order of the Governor-General of India in Council,
C. U. AITCHISON,
Secretary to the Government of India.
5-A. In regard to subjects of Native States \x\ India, we must read paragraphs
1*3, J20, 121 and 124 of Major Henderson’s Prdcis of Zanzibar Affairs,
Chapter VI (Slave Trade), which deals with the right of the Kutchees to hold
slaves and engage in slave traffic. The effect of the proclamation issued by the
Rao of Kutch in 1869 was to place them in the same position as the British
Indian subjects in respect to his responsibilities and liabilities to penalties as
well as their, right.