British Statutes Applicable To India

[Cites 102, Cited by 0]

Law Commission Report

British Statutes Applicable To India

 

LAW CONHVIISSION OF INDIA

FIFTH REPORT

ON
BRITISH STATUTES APPLICABLE TO INDIA

1957



CHAIRMAN
LAW COMMISSION
New DELHI,
May 11, 1957
SI-[RI Asnon K.U1'.u-IAR SEN,
Minister of Law',
New Delhi.

My dear Minister,

I have great pleasure in forwarding herewith the ﬁfth Report of
the Law Commission on the British Statutes applicable to India.

2. At the ﬁfth meeting of the Statute Revision Section held on
the 11th March, 1956, the Commission decided to take up for consi-
deration the question of the British Statutes a licable to India and
entrusted the task to a Committee consisting of i P. Satyanarayana
Ran, Shri V. K. T. Chari and Shri G. N. Joshi. " S

  
  

3. The subject was discussed at  Statute Revision
Section held on the 9th June, 22nd July, , he-mber and 21st
October, 1956. A report having  iras circulated to
all the Members of the Commission t " 1 invited thereon.
These views and the draft Report were *. two meetings
of the Statute Revision Section held on L. her and 29th
December, 1956. Important suggestions  4 a at these

meetings were accepted and it was let . -17, , _0V :1 to ﬁnally
settle the Report in the light of the 

4. Dr. H. c. S-en Gupta has signed the Report subject to a separate
note, a copy of which has been annexed to the Report.

5. The Commission wishes to acknowledge the services rendered
by its Joint Secretary, Shri D. Basu, in connection with the prepa--
ration of the Report.

Yours sincerely,
M. C. SETALVAD.

-E Lats-E63



CONTENTS

PAIAGRJLP1-Is

1.

Introductory 9 g o t 3 0 0 0 I-

2. History of introduction of British Statutes . - - -

3. Presidency towns . . . . . . - .

4. :'n-eas outside Lhc Presidency towns . . . .

5. Po?-ition prior to the Government of India, Act, 1935 . u .

6. Government of India Act, I935 . . . . - .

7. Indian Independence Act, 1947 . . . '. . .

3. Article 372 of the Constitution . . . . . -

9. Competence of the Legislature under the Constitution . .

10. The powcr to adapt or modify not used . . . . . n. Indian laws necessary . . . . .

12. Analysis ofthc statutes in force . . . . . . :3 to 15, Conclusions and Proposals . . . . . .

APPENDICES Appnnmx I British Statute applicable or ofpassiblc application to India :

Table A.--C11rono|ugica.l1}' arranged . - . . . Table B.--~AIphab-stically arranged . . . . Appnnnnx II _ Analysis of British Statutes applicable or ufpossihk: applicgtion to India logically arranged) . . - . . . .

A1-1=EN'n1x III List of subjects covered by British Statutes with respect to which legisla- tion in India appears to be ﬁfimﬂ fan': ncocssary No-rs. av Dn. N. C. Snnuurm . . . . . . g----2a 2:-32 33---8+ 85»--37 88-91 Introductory' History of introduction of British statutes, Presidency Towns.

REPORT ON THE BRITISH '1-STATUITES APPLICABLE, TO INDIA

1. An important question for the consideration of the Commission arises in reference to the large number of_ British statutes which are in terms applicable to India or which may be assumed to so apply. Should not India hav-

ing regard to her new and independent status as a Repub- lic enact her own laws on the subject-matter of these statutes where it is necessary to do so and take legislative action making it clear that these statutes are no longer applicable to India?

2. It is necessary to state brieﬂy the history of the in- troduction of British statutes in India. From the earliest period of the British administration in India, a differentia- tlon in matters of jurisdiction and legislation was made between the three Presidency towns and the rest of India, owing to historical reasons. The East India Company, a company of private merchants, who had come to trade in India under a Royal Charter in the seventeenth century, in course of time acquired territories and established settlements in India. The C'.ompany's Settlements which were principally located in Bengal, Madras and Bombay, came to be known as 'Presidencies' because they were under the administration of a President or Governor. According to the principles of English Constitutional law, a British subject cannot acquire foreign territory in his own right. Any territory acquired by him by settlement or conquest becomes a dominion of the Crown and, broadly speaking, the legislative authority of Parliament extends tpso facto to such acquired territory. The Crown, there- fore, early assumed the right to control the administra- tion of the East India Company's possessions.

3. By a Charter of 1726 (13 Geo. I), the Crown consti- tuted municipalities in the three Presidency towns at Calcutta, Bombay and Madras and also set up a Mayor's Court and other courts in each of these towns. The Charter assumed that the common law of England and the statute law in force in England at the time of the Charter was applicable in these Presidency towns, so far as the local conditions would permit. In this manner the British sta- tutes passed prior to 1726 came to be applied to the Pre- sidency towns, except such as the Courts held to be in- applicable having regard to local circumstances.' In view of the constitutional principle that the paramount autho- rity of the British Parliament extends to all colonies, statutes passed subsequent to 1726 which either expressly or by necessary implication extended to the colonies were deemed also to have been extended to India. As India was not, strictly, a colony, and had its own laws, in interpret- ing this necessary implication, the Courts took cognizance L Freeman v. Fcirffc, (1823) I l\«I.I..~1. 305.

of local circumstances. Thus, the English Wills dct (T Will, IV 8:, 1 Vic. c. 62) was held inapplicable to Ind1a"'. In some cases' a controversy arose whether British statutes applied only to European British subjects or to all the residents of the Presidency towns. The more widely accepted view appears to have been that they applied to all persons residin in these areas' subject. to the excep- tion, subsequently introduced, relating to succession and cointract, by the East India Company Act, 1881 (21 Geo. II , c.'?D).

4. The East India Company had no proprietary interest An-as out- and had no jurisdiction over the administration of the rest ﬁidefhc of the territory of British India, until the grant of the twégmql diwani to the Company in 1765 by the then Moghul Emperor. By this grant, the Company was vested with the ﬁscal administration of the country and it was soon assumed that the diwczn-E included the power of adminis- tration of civil justice. Courts were, accordingly, estab- lished in these areas but these courts {outside the Presi- dency towns) derived their authority not from the English Crown but from the Moghul Government in whose name the Company was managing the diuaooi. As a result of this, it was decided by the East India Company authorities not to disturb the personal laws of the Hindus and Moham- medans in matters such as marriage, succession and reli- gion. In the matters other than those governed by their per- sonal law, the Hindus and Mohammedans like the rest of the population were subject to the general law; which included those British statutes' which extended to India expressly or by necessary intendrnent and which were not inapplicable in the local circum-stances". The situation in this respect was not changed after the assumption of sovlueggggnty by the Crown from the East India Company 11'] .

5. But the position as regards the applicability of the Fositign British statutes other than those which were expressly ricriolhc extended to India was not clear. Having regard to the °§"'i3'"';"'t peculiar status of India in the British Empire. and to the fgsgdla °' fact that India had its own laws wih respect to many ' matters dealt with by the British statutes, the question was never deﬁnitely determined. There were, however. some judicial decisions.--Taying down that certain British statutes were to be deemed to have been extended to India by necessary implication, but the nature and extent gfﬁtheir applicability always remained vague and un- e med.

6. While repealing the Government of India Act. 1919, Government the Government of India Act, 1935 made an express pro- '3' Ind" 3"- vision [section 292), continuing the existing law which 1335' "_ Fa}. In the goods oi", (53:19) 2 Curt. 323.

3' I-'Ha Pnﬁfacc to 111: Fi rsl Edition offhr ()1-£i'_£'-1' Sfanirzs refuting to Ima'1'a.

'L 6}'. the matter of Ameer Khan. 6 l'§'.L.R. 3-9.2.

3- Cﬁllbcrl, Gm-ernmmf of India,p. 361; £'.::':'.;_. Constitutional Law, [939 Ed,. 19. 589.

6. Rm-mroooaor v. Cﬁanae: Contra, (I8;I|3}u FLO. 186; Ibext, Government of India, 1}. 278-79.

Indian Inde-

pendencc Act, 1947.

Article 372 of the Constilutign.

included the British statutes expressly extended to India as well as those which were deemed to have been extend- ed by necessary implication to India.

7. Under the Indian Independence Act, 194'? (10 6; 11 Geo. VI, c.30) India became a Dominion with sovereign legislative power to affect or repeal all the existing laws including the Government of India Act, 1935 and the British statutes which were thought to have been extended to India.

The altered position was given effect to in sec-

tion ii of the Indian Independence Act.

Section 6 of the Independence Act provides:

"{1} Q' I * IF # (2) No law and no provision of any law made by (3) (4) the Legislature of either of the new Dominions shall be void or inoperative on the ground that it is repugnant to the law of England, or to the provisions of any existing or future Act of Parliament of the United Kingdom, or to any order, rule or regulation made under any Act, and the powers of the Legislature 0-f each Dominion include the power to repeal or to amend any such Act, order, rule or regulation in so far as it is part of the law of the DoIni-

n1on_ BK * BF ¥ 3 No Act of Parliament of the United Kingdom passed on or after the appointed day shall ex- tend, or be deemed to extend, to either of the new Dominions as part of the law of that Domi- nion unless it is extended thereto by law of the Legislature of that Dominion".

These two provisions conferred on the Legislature of the newly created Dominion of India supreme legislative power.

It was provided that no British statute passed on or after the 15th of August, 194'? was to extend to India, of its own force.

The Dominion Legislature of India was also empowered to repeal or amend the Acts of the British Parliament in their application to India.

8. Article 372(1) of the Constitution provides:

"Notwithstanding the repeal by this Constitution. of the enactments referred to in article 395 but sub- ject to the other provisions of this Constitution, all the law in force in the territory of India imimediately before the commencerrlient of this Constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority".

4- It follows that the ."law in force" in article 372(1) of the Constitution includes British statutes passed priorto the 15th August 194?. The Dominion Legislature of India does not appear to have extended any British statute to India between the 15th August 1947 and 26th January 1950'.

9. It will be noticed that Article 372(1) provides for Ciempﬁcnw the continuance of the existing law only until it is "altered, E:'§'_']'at e repealed or amended by a competent Legislature". It is unﬁchrthf hardly necessary to point out that the Legislatures of the Constitution. sovereign Republic of India under the Constitution pos-

sess plenary powers to amend or repeal British statutes relating to the subjects assigned to them by the Legis-

lative Lists, and are not subject to any of the limitations to which the Legislatures were subject under the Govern-

ment of India Acts". In fact, as has been pointed out, this legislative autonomy has been enjoyed by the Indian Legislatures since the date of commencement of the Indian Independence Act! 194?. But notwithstanling this plenary power, the Indian Legislature has not so far substantially used it. to replace the British statutes by enacting laws of its own.

10. By clause (2) of Article 372 power was given to the The power President to make such adaptations and modiﬁcations as *0 3'i"P' "

might be deemed necessary "for the purpose of bringing Efﬁfy' "°t the provisions of any law in for-ce..........._......into accord I with the provisions of this Constitution". But though adaptations and modiﬁcations were made by the Presi- dent's Orders in the case of existing Indian Acts. the British statutes were not touched. As a result, the British statutes which were expressly applicable to India because India was a 'British Possession' are still supposed to be applicable to India without any change in the text. Ano- malies are. therefore, bound to arise as would appear from the case of the State of Madras v. Merton". Observations made by the Supreme Court in this case" emphasised the urgent need for an examination of the British statutes in force in India with a view to their repeal or amendment. It is necessary to adapt them to the change in the consti- tutional status of India or replace them entirely by Indian legislation. Further. when the historical reasons which diiferentiated the Presidency towns from the rest of India have long disappeared and we have a mass of Indian enact- ments applying to the whole of the territory of India, it is highly inappropriate that this difference should still be maintained by the continued application of some archaic British statutes to the Presidency towns.

7. Appendices I & II of this Report, therefore, do not include any statute passcd by the British Parliament aflerthc 15th August, I947.

8. 'Vin': as. 65 3:, 34 or the Government of India Act, Igrg; 3. Inﬂfi} of the Government of India Act, 1935.

9. {I955} IS.C.R.28o. ' to. These observations have been reproduced in Appendix II at p. 50 fast. Indian laws Dﬁcessar)-'.

Analysis of the statutes In force.

Conclusions posals.

5

11. While India still remains a Member of the Common- wealth of Nations, the only trace of the old ties is the fact that the Crown is regarded by India as the symbolic Head of the Commonwealth. There is no longer any legal tie between the United Kingdom and India. It is, therefore, in the ﬁt.ness of things, that the entire legal Code of India should be purely Indian and if the subject-matter of any British statute be found to be still necessary for our pur- poses, that statute should be replaced by a corresponding Indian law, incorporating the necessary provisions of the British statute. While India was a British Dependency, she was governed, like the colonies, by Acts of the Imperial Parliament in matters relating to external affairs and ea-:tra--t.erritorial jurisdiction, such as extradition, merchant shipping, piracy and offences on the high seas, admiralty jurisdiction, and the like. It is but proper that after having attained a fully sovereign status, India should have laws of her own relating to these subjects.

12. As has been already stated, it is not an easy task to ﬁnd out which of the British statutes extended to India at the commencement of the Constitution and this consti- tutes an addtional ground why the British statutes should be replaced by our own laws, if we require legislation relating to the subjects governed by the British statutes. As has been pointed out by Whitely' Stokes in the Preface to the ﬁrst edition of "Collection of Statutes relating to India various controversies have been raised from time to time as to whether any particular statute was appli- cable only to Europeans or also to Indians or whether it was altogether inapplicable to India owing to different local conditions. In order to make a collection serviceable for ordinary purposes of the administration, the Publica- tion just mentioned included in it "all such Statutes as are of possible application to any part of India". after ex- cluding those which had already been declared to be in- applicable, by judicial decisions. For our present purpose, we may assume that this Government Publication contains an exhaustive list of British statutes of possible applica- tion to India, at the commencement of the Constitution. A list of the contents of this Publication has been given in Appendix I of this report arranged according to chro- nological as well as alphabetical order} and, then, in Ap- pendix II, each of these" statutes has been analysed and commented upon in brief, in order to see whether it has become altogether obsolete and inapplicable to India at the present day, or whether the subject-matter dealt with by it is still of importance to India and, hence. legislation in India is necessary in order to replace the British statute.

13. As a result of our analysis of the statutes in Ap- pendix II, we have arrived at the following conclusions:

11- A GOV':-'TnmCni of India Publication. the latest Edition of which, published in :g35-40, contains statutes passed up to I933, in1'our.voIumcs. For statutes" from xgggto :94} wt: had to refer to an unbound collection maintained, on simi Iar lines, by the Ministry of Law.

6 I. The large majority of these statutes should be re- peated. These fall under two broad categories-

(a) Statutes which are obviously obsolete because the historical reasons which necessitated their enactment no longer exist. Instances of this category are the statutes relating to the East India Company, the British Crown, the Judicial Committee of the Privy Council, the British Army 8.: Navy, and the like. These can be re-

pealed without in any manner adversely affecting the interests of India.

(b) Statutes which confer certﬁin privileges on Indian citizens and India as an erstwhile Depen- dency of the United Kingdom----but do not im- pose any obligations. In this connection, it may be pointed out that the British Parliament enacted a statute----the India (Consequential Provisions) Act, 1949 [12, 13 8: 14 Geo. VI, c. 92),

--immediately after India decided to become a Republic. This statute does not extend to India, in VIEW of the provisions of the Indian Inde- pendence Act, 1947. The result is that while the India (Consequential Provisions}. Act, 1949, is not applicable to India and is not enforceable in any Indian Court, it is binding on British Courts and in the Courts of territories where this statute applies. The relevant provision of this statute (sec. 1) is as follows--

"1. (1) On and after the date of India's becoming a Republic, all existing law, that is to say, all law which, whether being a rule of law or" a provision of an Act of Parliament or of any other enactment or instrument whatsoever. is in force on that date or has been passed or made before that date and comes into force thereafter, shall, until provision to the con- trary is made by the authority having power to alter that law and subject to the provisions of sub-section (3) of this section, have the same operation in relation to India. and to persons and things in any way belonging to or con- nected with India, as it would have had if India had not become- a Republic. (2) This Act extends toilaw of, or of any part of the United Kingdom, a colony, a protectorate or a United Kingdom trust territory. and also.

but so far only as concerns law which cannot be amended by a la of the legislature thereof, to law of Souths-rn".Ltihodesia or of any part thereof."

The substance of the above provision is that notwith- standing the change in the status of India from a Depen- dency or Dominion to a Republic, all previous British statutes which applied to India (as a Dependency or as a Dominion arc to continue to be applicable in a British Court as if India had not become a Republic. In these circumstances, if a British statute sirnply extends certain privileges to India or to Indian citizens we would not be affected even if such a statute is removed from the statute--i::-ook of India, for, notwithstanding such repeal, the British statute would be recognised and enforced as good law in a British Court. In short, India and Indian citizens would still be entitled to take advantage of the English statute in proceedings before a British Court. Such an instance took place recently. The High Court of England. in 1952, held that the English Fugitive Offenders Act, 1881, which applied to Her Majesty's Dominions was still ap- plicable to India and that India was entitled to take ad- vantage of that statute before an English Court to secure the custody of a criminal who had fled to England, not- withstanding the fact that India was no longer a Domi- nation". This very English statute {i.c., the Fugitive Offend- ers Act} has subsequently been held to be inapplicable to India by the Supreme Court in Mcnorrfs Case". The result of these two decisions seems to be that even though an English statute is not now enforceable in an Indian Court, there is nothing to prevent India or Indian citizens from taking advantage of it in a British Court.

The question for consideration is whether the position is Ii]-;-ely to be altered if the Parliament of India hereafter enacted that all British statutes, including those which confer privileges on India or her citizens in the United Kingdom, shall cease to he in force in India. It may be argued that the words "until provision to the contrary is made by the authority having power to alter that law" in section 1(1) of the India {Consequential Provisions) Act. 1949, include the Indian Parliament, inasmuch as by an earlier statute (i.e., the Indian Independence Act, 1947). the British Parliament had conferred on the Legislature of India the power to alter British statutes in so far as they were part of the law of India. Having regard to this"

possible argument, it would be desirable to make a speciﬁc provision in the repealing enactment, which- we recommend, saving the operation of these statutes in so far as they confer privileges on India or her citizens. II. In regard to the remaining statutes, legislation with respect to their suhje-ct--matter will be necessary. "I'hese- statntes fall under two categories----- ,

(a) Those relating to subjects like piracy' or prize-

money, with respect to which there is no Indian enactment at all at present. but legislation is, nevertheless, necessary.

12. Re. Goznemmuu affndia Eu' Mubaraic An', (1952) 1 All. E.R. ioﬁo. I3. E1955} 1 S.C.R. clio.

'{b) Those relating to subjects like merchant' ship- ping, extradition or admiralty jurisdiction, with respect to which we have some Indian enactment but the Indian enactment does not cover the whole ﬁeld. The subjects with respect to which legislation by our Parliament appears to be primes facile necessary in order to replace the British statutes are given in Appendix III.

The list in Appendix III has been made as wide as pos- sible so that th-e Administrative Ministries concerned may choose from the list such subjects as in their opinion re- quire to be dealt with by legislation having regard to their present requirements.

14. It may he pointed out that we have no-t in this Report indicated the nature, form or cpntents of the legislation that may be required on the subjects mentioned in the list. Further, the question whether the treaties, agreements or conventions pertaining to any of the subjects mentioned in the list in Appendix III are still binding on India, has not been investigated by us. These questions will have to be determined when the proposals for legislation are taken up, at the instance of the Administrative Ministries,

15. After the necessary legislation has been enacted, a short Act will have to be made providing that the statutes passed by the British Parliament which were in force in India at the commencement of the Constitution shall cease to be in force in India, after a speciﬁed date. As sug- gested earlier, a saving clause will have to be included in "that Act providing that nothing therein contained shall affect any right or privilege to which India or her citizens are entitled under a British statute, in the territories to which the India (Consequentia1 Provisions) Act, 1949, applies.

E . C. SETALVAD, . c. CHAGLA, N. WANCHOO, sarvnnaaavnns into, C. SEN GUP'I'A_.* K. T. CI-IARI, NARASA RAJU, s. PATHAK, M. SIKRI, N. Josin.

A. PALKHIVALA (Chairman) Z§T3F"'?3.U.<3ZTU?'iL'£ (Members).

K. SRINIVASAN, DURGA DAS BASU, Joint Secretaries.

New Delhi, 'The 11th May, 1957.

' Vﬁ£_"sE;}{t§Eji:a ha}; sign'a1'iiié'iici?cTEtTE-'1§j'écr to the Note appcndcdat the end.

APPENDIX 1 BRITISH STATUTES APPLICABLE on or PossIBI.E API-I.1cA'I'IoN To INDIA TABLE A.--Cm-onologically annnged.

Year Short Title or Subject 1297 Magna Carta.

1331 Unlawful Attachment.

13521. Non-Condemnation without due process. 1540 Degrees of Consanguinity Act, 1540. 1551 The Sale of Offices Act, 1551.

1677 The Statute of Frauds.

1679 The Habeas Corpus Act, 1679.

1688 Coronation Oath Act, 1888.

1698 Crime in Plantations Act, 1693.

1701 The Act of Settlement.

1702 Demise of the Crown Act, 1702.

1707 Demise of the Crown Act, 1707.

1780 The East India Company Act, 1780.

1781 The House of Commons Disqualiﬁcation Act, 1781. 1797 The East India Co. Act, 1797.

1802 The Criminal Jurisdiction Act, 1802.

1808 The Sale of Offices Act, 1809.

1811 The East India Company Bonds Act, 1811. 1812 The Prisoners of War (Escape) Act, 1812. 1819 The Ordination for Colonies Act, 1819. 1820 The Divorce Bills Evidence Act, 1820. 1823 The Lascars Act... 1823.

1824 The Slave Trade Act, 1824.

1828 The Criminal Law (India) Act, 1828. 1830 The Illusory Appointments Act, 1830. 1830 The Debts Recovery Act, 1830.

1830 The Infants' Property Act, 1830.

1830 The Colonial Ofﬁces Act, 1830.

1831 The Evidence on Commission Act, 1831. 1832 The Army Prize Money Act, 1832.

1833 The Government of India Act, 1833. 1833 The Judicial Committee Act, 1833. 1834. The Superannuation Act, 1834.

9 10

Year Short Title or Subject 1840 The Debtors (Ireland) Act, 1840.

1843 The (Colonies) Evidence Act, 1843.

1843 The Judicial Committee Act, 1843.

1843 The Slave Trade Act, 1843.

1844 The Judicial Committee Act, 1844.

184'? The Naval Deserters Act, 18-17.

1849 The Admiralty Offences (Colonial) Act, 1849. 1849The Admiralty Offences (Colonial) Act, 1849. 1850 The Piracy Act, 1850.

1851 The Lunatics Removal (India) Act, 1851. 1851 The Court of Chancery Act, 1851. , 1852 The Colonial Bishops Act. 1852.

1853 The Coinage (Colonial Oﬁences) Act, 1853. 1853 The Colonial Bishops Act, 1953.

1853 The Customs Consolidation Act, 1853.

1854 The Registration of Births, Deaths and Marriages {Scotland} Act, 1854.

1856 The Foreign Tribunals Evidence Act, 1856. 1858 The Government of India Act, 1858.

1858 The East India Loan. Act, 1859.

1859 The Evidence by Commission Act, 1859.

1859 The East India Loan (No. 2) Act, 1859.

1859 The Royal Naval Reserve (Volunteer) Act, 1859. 1859 The British Law Aacertainment Act. 1859. 1860 The Indian Securities Act, 1860.

1880 The Admiralty Jurisdiction (India) Act, 1860. 1880 The Superannuation Act, 1889.

1860 The East India Loan Act, 1888.

1860 The East India Stock Act, 1860.

1880 The Admiralty {Jﬁences (Colonial) Act, 1880. 1861 The Bank of England Act, 1881.

1881 The Foreign Law Ascertainment Act, 1881. 1881 The East India Lo-an Act, 1861.

1881 The Malicious Damages Act, 1861.

1861 The Wills Act, 1861.

1881 The Domicile Act, 1861. _ 1852 The Indian Stock Transfer Act, 1362.

1882 The Habeas Corpus Act, 1882.

1862 The Fine Arts Copyright Act, 1862.

1863 The India Stock Certiﬁcate Act, 1863.

Year Short Title 01' Subject 1363 The Colonial Letters Patent Act, 1863.

1884 The Naval Prize Act, 188-1.

1364 India Office Site Act, 1364.

1865 The India Office Site and Approaches Act, 1865. 1886 The India Military Funds Act, 1855.

1866 The Indian Prize Money Act, 1865.

1866 Naval Discipline Act, 1866.

1868 The Straits Settlements Act, 1886.

1868 The Indian Railway Companies Act, 1388.

1388 The Documentary Evidence Act, 1353.

1833 The Indian Prize Money Act, 1868.

1369 The East India Irrigation and Canal Act, 1869. 1869 The East India LC-an Act, 1889.

1870 The Coinage Act, 1878.

1870 The Extradition Act, 1870.

1870 The Foreign Enlistment Act, 1873.

1871 The India Stock Dividends Act, 1871.

187?. The Naturalization Act, 1872.

1373 The East India Stock Dividend Eedeniption Act, 1873. 1873 The East India Loan Act, 1873.

1873 The Indian Railway Companies Act, 1873.

1373 The Slave Trade (East African Courts) Act, 1873. 1873 The Extradition Act, 1873. ' ' 1873 The Slave Trade Act, 1873.

1374 The East India Annuity Funds Act, 1374.

1874 The East India Loan Act, 1871.-.

1874 The Courts (Colonial) Jurisdiction Act, 1874.

187-1 The Colonial Clergy Act, 1874. ' 1376 The Royal Titles Act, 1876.

1378 The Statute Law Revision (Substituted Enactments) Act, 1876.

1378 The Customs Consolidation Act, 1376.

1378 The Slave 'Trade Act, 1878.

1377 The East India Loan Act, 1877.

1373 The Dentists Act, 1878.

1873 The Elders' Widows' Fund (India) Act, 1878. 1373 The Territorial Waters Jurisdiction Act, 1873.

1879 The Registration of Births, Deaths and Marriages (Army) Act, 1879.

1879 The Slave Trade (East African Courts) Act, 1878.

Year " Short Title or Subject '1 ms The Indian Guaranteed Railways Act, 1379.

1879 Tllleﬁgast Indian Railway (Redemption of Annuities} Act, 18??! The East India Loan Act, 1879.

1880 The East India Loan [East Indian Railway Debentures} Act, 1880.

1888 The India Stock (Powers of Attorney) Act, 1880.

1881 The Judicial Committee Act, 1881.

1881 The India Oﬂice (Sale of Superﬂuous Land} Act, 1881.

I881 T1-llesaﬁliast Indian Railway {Redemption of Annuities) Act, 1881 The Army Act, 1881.

1881 The Fugitive Oifenders Act. 1881.

1882 The Documentary Evidence Act, 1882.

1882 The Bombay Civil Fund Act, 1882.

1882 The Reserve Forces Act, 1882.

1884 The Colonial Prisoners Removal Act, 1884. 1884 The Naval Discipline Act, 1884.

1884 The Criminal Lunatics Act, 1885!.

1884 The Indian Marine Service Act, 1884.

1885 The East India Unclaimed Stock Act, .1885.

1885 The East India Loan Act. 1885.

1885 The Submarine Telegraph Act, 1885.

1885 The Indian Arm_*,rtPension. Deﬁciency Act, 1885. 1885 The Evidence by Commission Act, 1885. 1886 The Medical Act, 1888.

1887 The Conirersion of Ind.ia_Stocl: Act, 1887.

1887 The British Settlements Act, 1337.

188'? The Superannuation Act, 188?.

188'? The Appellate Juiisdiction Act, 188?.

1888 The Oudh and Rohilkund Railway Purchase Act, 1888., 1888 The Commissioners for Oaths Act, .1888. 1888 The Interpretation Act, 1888.

1888 The South Indian Railway Purchase Act, 1898'. 1890 The CD]1'11'I1iSSlOI!E'1'S for Oaths Amendment Act, 1880. 1880 The Colonial Courts of Admiralty Act, 1898. 1888 The Foreign Jurisdiction Act, 1898.

1891 The Mail Ships Act, 1891. I 1881 The Commissioners for Oaths Act, 1891.

1891 The Coinage Act, 1881.

1892 The Colonial Probates Act, 1892.

1892 The Foreign Marriage Act, 1892.

Year Short Title or Subject 1892 The Superannuation Act, 1892.

1893 The Regimental Debts Act, 1893.

1893 The Trustee Act, 1893.

1893 The Madras and Bombay Armies Act, 1893. 1893 The East India Loan Act, 1893.

1894 The Trustee Act, 1893, Amendment Act, 1894. 1894 The Indian Railways Act, 1894.

18941 The Finance Act, 1894.

1894 The Prize Courts Act, 1894.

1894 The Uniforms Act, 1894.

1894 The Merchant Shipping Act, 1894.

1895 The Documentary Evidence Act, 1895.

1895 The Extradition Act, 1895.

1895 The Judicial Committee Amendment Act, 1895. 1896 The Short Titles Act, 1896.

1896 The Finance Act, 1896.

1896 The Royal Naval Reserve (Volunteer) Act, 1896. 1897 The Regular and Elders' Widows' Funds Act, 1897. 1897 The Merchant Shipping Act, 189?.

1898 The Reserve Forces and Militia Act, 1898.

1898 The East India Loan Act, 1898.

1898 The Merchant Shipping (Liability of Shipowners] Act, 1898.

1898 The Statute Law Revision Act, 1898.

1898 The Merchant Shipping (Mercantile Marine Fund) Act, 1898.

1899 The Army (Annual) Act, 1899.

1899 The Reserve Forces Act, 1899.

1900 The Colonial Solicitors Act, 1900.

1900 The Merchant Shipping (Liability of Shipowners and others) Act, 1900.

1900 The Reserve Forces Act, 1900.

1900 The Colonial Stock Act, 1900.

1901 Army (Annual) Act, 1901.

1901 The Demise of the Crown Act, 1901.

1901 The Royal Titles Act, 1901.

1901 The East India Loan (Great Indian Peninsula Railway De- bentures) Act, 1901.

1902 The Royal Naval Reserve Act, 1908. 1902 The Mail Ships Act, 1992.

2-6 Lam-,l68 14 Year Short Title or Subject 1905 The Shipowners' Negligence (Remedies) Act, 1905. 1905 The Medical Act (1886) Amendment Act. 1905. 1905 The Trade Marks Act, 1905.

1905 The East India Loans (Railways) Act, 1905.

1906 The Seamen's and Sc:-ldier's False Characters Act, 1906. 1906 The Reserve Forces Act, 1906.

1906 The Extradition Act, 1906.

1906 The Marriage with Foreigners Act, 1906.

1906 _The Merchant Shipping Act, 1906.

1907 The Territorial and Reserve Forces Act, 1907.

1907 The Evidence (Colonial Statutes} Act, 1907.

190? The Commissioners for Oaths (Prize Proceedings) Act, 190?. 190'? The Deceased Wife's Sister's Marriage Act, 1090?.

190'? The Merchant Shipping Act, 1907.

1903 The Post Office Act, 1908.

1908 The Statute Law Revision Act, 1908.

1908 The Appellate Jurisdiction Act, 1908.

1903 The East India Loans Act, 1903.

1909 The Army (Annual) Act, 1909.

1909 The Naval Establishments in British Possessions Act, 1909.

' 1909 The Naval Discipline Act, 1909.

1910 The East India Loans (Railways and Irrigation) Act, 1910. 1910 The Army (Annual) Act, 1910.

1910 The Accession Declaration Act, 1910.

1910 The Registration of Births, Deaths and Marriages (Scot- land) Amendment Act, 1910.

1911 The Army (Annual) Act, 1911.

1911 The Merchant Shipping (Searnen's Allotment) Act, 1911- 1911 The Parliament Act, 1911.

1911 The Geneva Convention Act, 1911.

1911 The Official Secrets Act, 1911.

1911 The Merchant Shipping Act, 1911.

1911 The Copyright Act, 1911.

1911 The Maritime Conventions Act, 1911.

1912 The Army (Annual) Act, 1912.

1912 The Marriages in Japan (Validity) Act, 1912. 1913 The Army (Annual) Act, 1913.

1913 The Post Office Act. 1913.

Year Short Title or .'.S'ub;ieot 1912 The Foreign Jurisdiction Act, 1913.

1913 The Appellate Jurisdiction Act, 1913.

1914 The Aliens Restriction Act, 1914.

1914 The Prize Courts (Procedure) Act, 1914.

1914 The Trade Marks Act, 1914.

1914 The British Nationality and Status of Aliens Act, 1914. 1914 The Army (Supply of Food, Forage and Stores) Act, 1914. 1914 The Merchant Shipping (Certiﬁcates) Act, 1914.

1914 The Superannuation Act, 1914.

1914 The Navy {Pledging of Certiﬁcates} Act, 1914.

1915 Army (Amendment) Act, 1915.

1915 The Naval Discipline Act, 1915.

1915 The Copyright {British Museum) Act, 1915.

1915 The Fugitive Dlfenders (Protected States) Act, 1915. 1915 The Marriage of British Subjects (Facilities) Act, 1915. 1915 The Prize Courts Act, 1915.

1915 The Army (Amendment) No. 2 Act. 1915.

1915 The Government of India Act, 1915.

1915 The Naval Discipline (No. 2) Act, 1915.

1915 The Judicial Committee Act, 1915.

1916 The Naval Prize (Procedure) Act, 1916.

1916 The Imperial Institute (Management) Act, 1916.

1916 The Marriage of British Subjects (Facilities) Amendment Act, 1916.

1916 The Government of India (Amendment) Act, 1916.

1916 The Merchant Shipping (Salvage) Act, 1916.

191'? The Naval Discipline Act, 1917.

191'? The Air Force {Constitution} Act, 1917.

1919 The Army (Annual) Act, 1919.

1918 The British Nationality and Status of Aliens Act, 1918. 1918 The Termination of the Present War (Deﬁnition) Act, 1913. 1919 The Army (Annual) Act, 1919.

1919 The Treaty of Peace Act, 1919.

1919 The Merchant Shipping (Wireless Telegraphy) Act, 1919. 1919 The British Merchantile Marine Uniform Act, 1919.

1919 The Trade Marks Act, 1919.

1919 The Aliens Restriction (Amendment) Act, 1919.

1919 The Government of India Act, 1919.

Year Short Title or subﬁecr 1920 The 'Treaties of Peace (Austria and Bulgaria) Act, 1929. 1929 The Army and Air Force (Annual) Act, 1920. 1929 The Overseas Trade (Credits and Insurance) Act, 1929.

1920 The Zlafainteluancv Orders (Facilities for Enforcement] Act, 19 .

1920 The Indemnity Act, 1920.

1921 The Army and Air Force (Annual) Act, 1921.

1921 The Treaty of Peace (Hungary) Act, 1921.

1921 The Importation of Plurnage (Prohibition) Act, 1921. 1921 The Indian Divorces (Validity) Act, 1921.

1921 The Deceased Brother's Widow's Marriage Act, 1921.

1921 The Everseas Trade (Credits and Insurance) Amendment Act, 19 1.

1921 The Merchant Shipping Act, 1921.

1921 The Territorial A.I"1T1j" and Militia Act, 1921.

1921 The Trade Facilities Act. 1921.

1922 The Army and Air Force (Annual) Act, 1922.

1922 El. Loans (Railway and Irrigation] Act, 1922.

1922 The Empire Settlement Act, 1922.

1922 The Indian High Courts Act, 1922.

1922 The Naval Discipline Act, 1922 1922 The British Nationality and Status of Aliens Act, 1922. 1922 The Trade Facilities and Loans Guarantee Act, 1922. 1923 Army and Air Force (Annual) Act, 1923.

1923 The Fees (Increase) Act, 1923.

1923 The Matrimonial Causes Act, 1923.

1923 The E. I. Loans Act, 1923.

1923 The Merchant Shipping Acts (Amendment) Act, 1923. 192% The Army and Air Force (Annual) Act, 1924.

1924 The Treaty of Peace (Turkey) Act, 1924.

1924 The Trade Facilities Act, 1924.

1924 The Auxiliary Air Force and Air Force Reserve Act, 1924. 1924 The Carriage of Goods by Sea Act, 1924.

1924 The Government of India (Leave of Absence) Act, 1924. 1924 The Expiring Laws Continuance Act, 1924.

1925 The Trade Facilities Act, 1925.

1925 Army and Air Force (Annual) Act, 1925.

15' Year Short Titleor Subject 1925 The Merchant Shipping (Equivalent Provisions) Act, 1925. 1925 The Expiring Laws Act, 1925.

1925 The Government of India (Civil Services] Act, 1925.

1925 The Workmen's Compensation Act, 1925.

1926 The Trade Facilities Act. 1926.

1926 The Imperial War Graves Endowment Fund Act, 1926. 1926 The Secretaries of State Act, 1926.

1926 The Chartered Associations {Protection of Names and Uni- forms] Act, 1926.

1926 The Indian and Colonial Divorce Jurisdiction Act, 1926. 1927 The Royal and Parliamentary 'Titles Act, 1927. 192'? Ti1(§27\fVUI'kIﬂen'S Compensation (Transfer of Fimds) Act, 1927 The Royal Naval Reserve Act, 192?. 1927 The Cinematograph Films Act, 1927. 1927 The Indian Church Act, 1927.

192'? The Colonial Probates (Protected States and Mandated Ter- ritories] Act, 1927.

1929 The Appellate Jurisdiction Act, 1929. 1929 The Companies Act, 1929.

1930 The Workmen's Compensation (Silicosis and Asbestosis) Act, 1930.

1931 The Workmen's Compensation Act, 1931.

1932 The Merchant Shipping (Safety and Load Line Conventions) Act, 1932.

1932 The Extradition Act, 1932.

1932 The Ottawa Agreements Act. 1932. . _ 1934. The Air Force Reserve (Pilots. and Observers} Act, 1934. 1935 The Superannuation Act, 1935.

1935 The Finance Act, 1935. _ 1935 The Government of India (Reprinting) Act, 1935.

1935 The Covemrnent of India Act. 1935;

1935 The Government of'Bu1'Ina Act, 1935.

1936, The Merchant Shipping {Carriage of Munitions to Spain] ' Act, 1936. ' ' 1935 His Majestyzs Declaration of Abdication Act,_1935. 1937 The India and Burnoa (Existing Laws) Act, 1937.

__ 193? The East India Loans Act, 193?.

193'? The Geneva Convention Act, 193?'.

Year Short Title or Subject 195'? The Regency Act, 1937.

1937' The Reserve Forces Act, 1937.

193'? The Empire Settlement Act, 193?.

1937 The Merchant Shipping (Spanish Frontiers Observation) Act, 1937. ' 1937 The Merchant Shipping Act, 193?.

193? The Merchant Shipping [Superannuation Contribution) Act, 1937.

1938 The Cinernatograph Films Act, 1933.

1933 The Trade Marks Act, 1938.

1939 The Army and Air Force (Annual) Act, 1939.

1939 The Prevention of Fraud (Investment) Act, 1939.

1939 The Reserve and Auxiliary Forces Act, 1939.

1939 The Marriage (Scotland) Act, 1939.

1939 The Finance Act, 1939.

1939 The Emergency Powers (Defence) Act, 1939.

1939 The Prize Act, 1939. ' 1939 The Governmnet of India Act (Amendment) Act, 1939. 1939 The Armed Forces (Conditions of Service) Act, 1939. 1939 The Ships and Aircraft (Transfer Restriction) Act, 1939. 1939 The Trading with the Enemy Act, 1939.

1939 The Patents. Designs, Copyright and Trade Marks (Emergen- cy) Act, 1939.

1939 The Expiring Laws Continuance Act, 1939.

1940 The 4India and Burma {Miscellaneous Amendments) Act, 19 9.

1990 The Army and Air Force (Annual) Act, 1940.

1949 The Emergency Powers {Defence} Act, 1940.

1940 The Treachery Act, 1949.

1940 The Evidence and Powers of Attorney Act, 1940.

1949 The India and Burtma (Emergency Provisions) Act, 1919. 1949 The Indian and Colonial Divorce Jurisdiction Act, 1940. 19-19 The Merchant Shipping (Salvage) Act, 1949.

1940 The Emergency Powers (Defence) (No. 2) Act, 1940.

19410 The Wor14i5oen's Compensation (Supplementary Allowances} Act, 19 .

1949 The Prolongation of Parliament Act, 1940. 1940 The Expiring Laws Continuance Act, 1940.

1949 The Naval and Marine Forces (Temporary Release from Service) Act, 1910.

Year Short Title mi Suliject 1941 The Army and Air Force {Annual} Act, 1941. 1941 The Naval Discipline (Amendment) Act, 1941.

1941 The India and Burma (Postponement of Elections} Act, 1941..

1941 The Prolongation of Parliament Act, 1941.

1941 The Expiring Laws Continuance Act, 1941.

1942 The Indian (Federal Court Judges) Act, 1942.

1942 The Army and Air Force (Annual) Act, 1942 1942 The Royal Naval Volunteer Reserve Act, 1942.

1942 The United States of America (Visiting Forces) Act, 1942.

1942 The India and Burma Temporary and Miscellaneous Provi- sions) Act, 1942.

1942 The Prolongation of Parliament Act, 1942.

1943 The Workmen's Compensation Act, 1943.

1943 The British Nationality and Status of Aliens Act, 1943. 1943 The Army and Air Force (Annual) Act, 1943.

1943 The Evidence and Powers of Attorney Act, 1943.

1943 The Finance Act, 1943.

1943 Th-e Foreign Service Act, 1943.

1943 The Regency Act, 1943.

1943 The Prolongation of Parliament Act, 1943.

1943 TliEq4ié\Torkmen's Compensation (Temporary Increases) Act, 1943 The Expiring Laws Continuance Act, 1943.

1944 The Prize Salvage Act, 1944.

1944 The Naval Forces (Extension of Service) Act, 1944.

1944 The India (Attachment of States) Act, 1944.

1944 The Army and Air Force (Annual) Act. 1944.

1944 The Finance Act, 1944.

1944 The India (Miscellaneous Provisions) Act. 1944.

1944 The Matrimonial Causes (War Marriages) Act, 1944.

1944 The Prolongation of Parliament Act, 1944.

1944 The Expiring Laws Continuance Act, 1944.

1945 The India (Estate Duty} Act, 1945.

1945 The Army and Air Force [Annua1}Act, 1945.

1945 The Indian Franchise Act. 1945.

1945 The Indian Divorce Act. 1945.

1945 The Workmen's Compensation (Pneumooonioﬁs) Act. 1945. 1945 The Bretton Woods Agreements Act, 1945.

Year Short Title or Subject 1946 The India (Proclarn-ations of Emergency) Act, 1946. 1946 The Straits Settlements (Repeal) Act, 1946.

1946 The India (Central Government and Legislature] Act, 1946.

.1946 The Patents and Designs Act, 1946.

1946 The United Nations Act, 1946.

1946 The Army and Air Force {Annual} Act, 1946.

1946 The Superannuation Act, 1943.

1946 The National Insurance (Industrial Injuries) Act," 1946. 1946 The Expiring Laws Continuance Act, 1946.

194'? The Foreign Marriage Act, 1947.

194'? The Indian Independence Act, 1947.

TABLE B.------AIphabet'icaHy an-anged.

A Accession Declaration Act, 1910 Act of Settlement, 1701.

Admiralty Jurisdiction (India) Act, 1360. Admiralty Oﬁences (Colonial) Act, 1849. Admiralty Offences (Colonial) Act, _18_6D. Air Force (Constitution) Act, 191?.

Air Force Reserve (Pilots and Observers} Act, 1934.

Aliens Restriction Act, 1914.' _ Aliens Restriction (Amendment) Act, 1919. Appellate Jurisdiction Act, 1387. ' Appellate Jurisdiction Act, 1903.

Appellate Jurisdiction Act, 1913.

Appellate Jurisdiction Act, 1929, Armed Force (Conditions of Service) Act, 1939. Army Act, 1881.

Army (Amendment) Act, 1915 Army (Amendment) No. 2 Act, 1915.

Army (Annual) Act, 1399.

Army (Annual) Act, 1901.

Army (Annual) Act, 1909.

Arttny (Annual) Act, 1910.

Army (Annual) Act, 1911.

Army (Annual) Act, 1912 Army (Annual) Act, 1913.

Army (Annual) Act, 1918.

Army (Annual) Act, 1919.

Army and Air Force (Annual) Act, 1920.

Army and Air Force (Annual) Act, 1921.

Army and Air Force (Annual) Act, 1922.

Army and Air Force (Annual) Act, .1923:

Army and Air Force (Annual) Act, 1924. Army and Air Force (Anni-Jal)'Act, 1925. Army and Air Force (Annual) Act,-1939.' 21 22 Army and_Air Force (Annual) Act, 1943 Army and Air Force (Annual) Act, 1941. Army and Air Force {Annual} Act, 1942. Army and Air Force (Annual) Act, 1943. Army and Air Force {Annual} Act. 1944. Army and Air Force (Annual) Act, 1945. Ann}; and Air Force (Annual) Act, 1946 Army Prize Money Act, 1332.

Army (Supply of Food, Forage and Stores) Act, 1914. Auxiliary Air Force and Air Force Reserve Act, 1924. 13 Bank of England Act, 1861.

Bombay Civil Fund Act, 1332.

Bretton Woods Agreements Act, 1945. British Law Asce-rtainrnent Act, 1359. British Mercantile Marine Uniform Act, 1919. British Nationality and Status of Aliens Act, 1914. British Nationality and Status of Aliens Act, 1913. British Nationality and Status of Aliens Act, 1922. British Nationality and Status of Aliens Act, 1943. British Settlements Act, 1887. C Carriage of Goods by Sea Act, 1934. Chartered Associations (Protection of Names and Uniforms] Act, 1926.

Cinematograph Films Act, 1927. Cine-matograph Films Act, 1933. Coinage Act, 1373.

Coinage Act, 1391.

Coinage (Colonial Oﬁences) Act, 1853. Colonial Bishops Act, 1352.

Colonial Bishops Act, 1353.

Colonial Clergy Act, 1374.

Colonial Courts of Admiralty Act, 1399. Colonial Letters Patent Act, 1863. Colonial Oﬂices Act, 1330.

Colonial Prisoners Removal Act, 1334. . Colonial Probates Act, 1892.

Colonial Probates (Protected States and Mandated Territories} Act, 1927.

23 Colonial Solicitors Act, 1900. Colonial Stock Act, 1900.

(Colonies) Evidence Act 1843.

Commissioners for Oaths Act, 1889. Commissioners for Oaths Amendment Act, 1890. Commissioners for Oaths Act, 1891. Commissioners for Oaths (Prize Proceeding} Act, 1907. Companies Act, 1929.

Conversion of India Stock Act, 1887. Copyright Act, 1911.

Copyright (British Museum) Act, 1915. Coronation Oath Act, 1688.

Court of Chancery Act, 1851.

Courts (Colonial) Jurisdiction Act, 1874. Crime in Plantations Act, 1898. Criminal Jurisdiction Act, 1802. Criminal Law (India) Act, 1828. Criminal Lunatics Act, 1884. _ Customs Consolidation Act, 1853. Customs Consolidation Act, 1876. D Debtors (Ireland) Act, 1840.

Debts Recovery Act, 1830.

Deceased Brother's Widow's Marriage Act, 1921-. Deceased Wife.-'s Sister's Marriage Act, 198?. Degrees of Consanguinity Act, 1540. Demise of the Crown Act, 1'i'02. Demise of the Crown Act, 170?.

Demise of the Crown Act, 1901.

Dentists Act, 1878.

Divorce Bills Evidence Act, 1820 Documentary Evidence Act, 1888. Documentary Evidence Act, 1882. Docunientary Evidence Act, 1895. Domicile Act, 1861.

East India Co. Act, 1?97.

East India Annuity Funds Act, 1874. East India Company Act, 1780.

24- East India Company Bonds Act, 1311-. East India Irrigation and Canal Act, 18139. East India Loan Act, 1859.

East India Loan (No. 2) Act, 1360. East India Loan Act, 1361.

East India Loan Act, 1869.

East India Loan Act, 18'i'3.

East India Loan Act, 13'i'=1.

East India Loan Act, l8?'7.

East India Loan Act, 1879.

East India Loan Act, 1885.

East India Loan Act, 1393.

East India Loan Act, 1898.

East India Loans Act, 1903.

East India Loans Act, 1923.

East India Loans Act, 1937.

East India Loan (East Indian Railway Debentures) Act, 1330. East India Loan (Great Indian Peninsula Railway Debentures) Act, 1901.

East India Loans (Railways) Act, 1905. East India Loans (Railways and Irrigation) Act, 1910. East India Loans (Railways and Irrigation) Act, 1922. East India Stock. Act, 1360. .

East India Stock Dividend Redemption Act, 18113. East India Unclaimed Stock Act, 1835. East Indian Railway [Redemption of Annuities) Act, 1879. East Indian Railway (Redemption of Annuities) Act, 1831. Elders' Widows Fund (India) Act, 18'?B. Emergency Powers (Defence) Act, 1939. Emergency Powers (Defence) Act, 1940.. Emergency Powers (Defence) (No, 2) Act. 1940. Empire Settlement Act, 1922. ' Empire Settlement Act, 1937.

Evidence (Colonial Statutes) Act, 1907. Evidence on Commission Act, 1331. Evidence by Commission Act, 1359. Evidence by Commission Act, 1885. Evidence and Powers of Attorney Act, 1940. Evidence and Powers of Attorney Act, 1943. Expiring Laws (Continuance) Act, 1924. Expiring Laws (Continuance) Act, 1925. Expiring Laws (Continuance) Act, 1939. 25 Expiring Laws Continuance Act, 1940. Expiring Laws Continuance Act, 1941. Expiring Laws Continuance Act, 19-13." Expiring Laws Continuance Act, 19-H. Expiring Laws Continuance Act, 1946. Extradition Act, 1870.

Extradition Act, 18'i'3.

Extradition Act, 1895.

Extradition Act, 1906.

Extradition Act, 1932.

Fees Increase) Act, 1923.

Finance Act, 1894.

Finance Act, 1896.

Finance Act, 1935.

Finance Act, 1939.

Finance Act, 1943.

Finance Act, 1944.

Fine Arts Copyright Act, 1862.

Foreign Enlistment Act, 1870.

Foreign Jurisdiction Act, 1890. Foreign Jurisdiction Act, 1913. Foreign Law Ascertainment Act, 1361. Foreign Marriage Act, 1892.

Foreign Marriage Act, 1947.

Foreign Service Act, 1943.

Foreign Tribunals Evidence Act, 1856. Fugitive Offenders Act, 1881.

Fugitive Offenders (Protected States] Act, 1915. G Geneva Convention Act, 1911.

Geneva Convention Act, 193?.

Government of Burma Act, 1935.

Government of India Act, 1833.

Government of India Act, 1858.

Government of India Act, 1915.

Government of India Act, 1919.

Government of India Act, 1935.

Government of India (Amendment) Act, 1916. Government of India (Amendment) Act, 1939. 26 Government of India (Civil Services) Act, 1925. Government of India (Leave of Absence} Act, 1924. Government of India (Reprinting) Act, 1935. H Habeas Corpus Act, 1379.

Habeas Corpus Act, 1862.

His Majesty's Declaration of Abdication Act, 1936. House of Commons Disqualiﬁcation Act, 1731. I Illusory Appointments Act, 1330. Imperial Institute (Management) Act, 1916. lmperial War Graves Endowment Fund Act, 1926. Importion of Plurnage (Prohibition) Act, 1921. Indemnity Act, 1920.

India (Attachment of States) Act, 1944. India and Burma (Emergency Provisions) Act, 1940. India and Burma (Existing Laws} Act, 1937. India and Burma (Miscellaneous Amendments) Act, 1940. India and Burma (Postponemezit of Elections) Act, 1941. Indiagalrid Burma (Temporary and Miscellaneous Provisions) Act, India (Central Government and Legislature) Act, 1946. India (Estate Duty) Act, 1945.

India Military Funds Act, 1366. India (Miscellaneous Provisions) Act, 1944. India (Proclamations of Emergency) Act, 1946. Indian and Colonial Divorce Jurisdiction Act, 1926. Indian Army Pension Deﬁciency Act, 1835. Indan Church Act, 1927.

Indian and Colonial Divorce Jurisdiction Act, 1940. Indian Divorce Act, 1945.

Indian Divorces (Validity) Act, 1921. India (Federal Court Judges) Act, 1942. Indian Franchise Act, 1945.

Indian Guaranteed Railways Act, 13'i'9. Indian High Courts Act, 1922.

Indian Independence Act, 1947. Indian Marine Service Act, 1334. Indian Prize Money Act, 1866.

Indian Prize Money Act, 1863.

2?

Indian Railways Act, 1394.

Indian Railway Companies Act, 1368. Indian Railway Companies Act. 1873. Indian Securities Act, 1360.

Indian Stock Transfer Act, 1862. India Oﬂice (Sale of Superﬂuous Land) Act, 1331. India Oﬂice Site Act, 1864.

India Oﬁice Site and Approaches Act, 1385. India Stock Certiﬁcate Act, 1863. India Stock Divide-ncfs Act, 1371. India Stock (Powers of Attorney) Act, 1330. Infants, Property. Act, 1830.

Interpnetaticn-Act, 1889.

Judicial Corn-mittee Act, 1833. Judicial Committee Act, 1843.

Judicial Committee Act, 18%.

Judicial Committee Act, 1881.

Judicial Committee Amendrrgent Act, 1395. Judicial Committee Act, 1915.

L Lascars Act, 1823.

Lunatics Removal (India) Act, .1851. M Madras and Bombay Armies Act, 1393. Magna Carta, 1291'.

Mail Ships Act, 1391.

Mail Ships Act, 1902.

Maintenance Orders (Facilities for Enforcement) Act, 1920. Malicious Damages Act, 1861.

Maritime Conventions Act, 1911. Marriage of British Subjects {Facilities} Act, 1915. Marriage of British Subjects (Facilities) Amendment Act, 1913. Marriage with Foreigners Act, 1906. Marriages in Japan (Validity) Act, 1912. Marriage (Scotland) Act, 1939. Matrimonial Causes Act, 1923.

28 Matrimonial Causes (War Marriages] Act, 1944. Medical Act, 1886.

Medical Act (1886) Amendment Act, 1905. Merchant Shipping Act, 1694.

Merchant Shipping Act, 1897.

Merchant Shipping Act. 1906.

Merchant Shipping Act, 1907.

Merchant Shipping Act, 1911.

Merchant Shipping Act, 1921.

Merchant Shipping Act, 1937.

Merchant Shipping Acts (Amendment) Act, 1923. Merchant Shipping (Carriage of Munitions to Spain) Act, 1936. Merchant Shipping (Seamerfs Allotment) Act, 1911. Merchant Shipping (Certiﬁcates) Act, 1914. Merchant Shipping (Equivalent provisions) Act, 1925. Merchant Shipping Liability' of Shiporwnersl Act, 1898. lﬂerriiggait Shipping Liability of Shipowners and Others] Act, Merchant Shipping (Mercantile Marine Fund) Act, 1898. Merilggélt Shipping.(Safety and Load Line Conventions) Act, Merchant Shipping (Salvage) Act. 1916. Merchant Shipping (Salvage) Act, 1946. Merchant Shipping (Spanish Frontiers Observation) Act, 1937. Merchant Shipping (Superannuation Contribution) Act. 193?. Merchant Shipping (Wireless Telegraphy] Act. 1919. N National Insurance (Industrial Injuries) Act, 1946. Naturalization Act. 1872.

Naval Deserters' Act, 1841'.

Naval Discipline Act, 1366.

Naval Discipline Act, 1384.

Naval Discipline Act, 1909.

Naval Discipline Act, 1915.

Naval Discipline (No. 2) Act. 1915. Naval Discipline Act, 1917.

Naval Discipline Act, 1922.

Naval Discipline (Amendment) Act, 1941. Naval Establishments in British Possessions Act, 1909. Naval Forces (Extension of Service] Act, 1944. Naval and Marine Forces (Temporary Release from Service) Act, 1940.

29 Naval Prize Act, 1884.

Naval Prize (Procedure) Act, 1919. Navy (Pledging of Certiﬁcates etc.) Act, '1914. Non-condemnation without due process, 1354. D Oﬂicial Secrets Act, 1911.

Ordination for Colonies Act, 1819. Ottawa Agreements Act, 1932.

Oudh and Rohilkund Railway Purchase Act, 1338. Overseas Trade (Credits and Insurance) Act, 1920. Overseas Trade (Credits and lnmrance) Act. 1921.

1.' Parliament Act, 1911. _.

Patents and Designs Act, 1946.

Pate£'t:s, iJ9eségigns, Copyright and Trade Marks (Emergency) 1:, .

Piracy Act, 1359.

Portuguese Deserters Act. 1949.

Post Office Act, 1908.

Post Office Act, 1913.

Prevention of Fraud (Investment) Act, 1939. Prisoners of War ('Escape-} Act. 1312. Prize Act, 1939.

Prize Courts Act, 1894."

Prize Courts Act, 1915.

Prize Courts (Procedure) Act, 1914.

Prize Salvage Act, 194-1.

Prolongation of Parliament Act, 1949. Prolongation of Parliament Act, 1941. Prolongation of Parliament Act, 1942. Prolongation of Parliament Act, 1943. Prolongation of Parliament Act, 1944.

R Regency Act, 193?.

Regency Act, 1943.

Regimental Debts Act, 1393.

3--5 Lawfﬁﬁ 3D Eegisgggtion of Births, Deaths and Marriages [Scotland] Act, 1 .

Registration of Births, Deaths and Marriages (Army) Act, 1879.

Registration of Births, Deaths and Marriages (Scotland) Amend- ment Act, 1916.

Regular and Elders' Widows Funds, 1897. Reserve and Auxiliary Forces Act, 1939. Reserve Forces Act, 1332.

Reserve Forces Act, 1899.

Reserve Forces Act, 1900.

Reserve Forces Act, 1905.

Reserve Forces Act, 193?.

Reserve Forces and Militia Act, 1898.

Royal Naval Reserve Act, 1902.

Royal Naval Reserve Act, 1927.

Royal Naval Reserve (Volunteer]'Act, 1359. Royal Naval Reserve (Volunteer) Act, 1396. Royal Naval (Volunteer) Reserve Act, 1942. Royal and Parliamentary Titles Act, 1927. Royal Titles Act, 1376. "

Royal Titles Act, 1901.

Sale of Oﬁices Act, 1551.

Sale of Offices Act, 1809.

Seanie-n's and Soldiers' False Chnrlctezs Act, 1906. Secretaries of State Act, 1926. Ships and Aircraft {Transfer jﬁestrietinn] Act, 1939. Ship-owners' Negligence (Remedies) Act, 1905. Short Titles Act, 1896. A A Slave Trade Act, 1824:.

Slave Trade Act, 1843.

Slave Trade Act, 1313.

Slave Trade Act, .'£8'i'6 Slave Trade (East African Courts) Act, 1B'i'3. Slave 'I'rade- (East African Courts} Act, -1819. South Indian Railway Purchase Act, 1390. Statute of Francis, 1617.

Statute Law Revision Act, 1393. Statute Law Revision Act, 1908. Statute Law Revision [Substituted Enaetm-ents} Act, 1376. Straits Settlements Act, 1868. 31 'Straits Settlements (Repeal) Act, 1946. Submarine Telegraph Act, 1885. Superannuation Act, 1834.

Superannuation Act, 1860'.

Superannuation Act, 1887.

Superannuation Act. 1892.

Superannuation Act, 1914.

Superannuation Act, 1935.

Superannuation Act, 1946.

T Termination of the Present War (Deﬁnition) Act, 1918. Territorial Army and Militia Act, 1921. Territorial and Reserve Forces Act, 1907. Territorial Water Jurisdiction Act, 1873. Trade Facilities Act, 1921.

Trade Facilities Act, 1924.

Trade Facﬂities Act, 1925.

Trade Facilities Act, 1926.

Trade Facilities and Loans Guarantee Act, 1922. Trade Marks Act, 1905.

Trade Marks Act, 1914.

Trade Marks Act, 1919.

Trade Marks Act, 1938.

'Trading with the Enemy Act, 1939. 'I'reachery Act, 1940.

Treaty of Peace Act, 1919.

Treaties of Peace (Austria and Bulgaria) Act, 1920. Treaty of Peace (Hungary) Act, 1921. Treaty of Peace (Turkey) Act, 1924. Trustee Act, 1893, Amendment Act, 1894. Trustee Act, 1893.

Uniform Act, 1894.

United Nations Act, 194-6.

United States of America (Visiting Forces} Act, 1942. Unlawful Attachment, 1331.

32 Wills Act, 1361.

Workmen's Compensation Act, 1925. Workmen's Compensation Act, 1931. Workmson's Compensation Act, 1943. Workmeafs Compensation (Pneumooo 'osis) Act, I945. Workmen's Compensation {Silicosis -and Asbestosis) Act, 1930. Wo1'k.men's Compensation (Supplementary Amrwances) Act, 1940. Workmen's Compensation (Temporary Increases) Act, 1943. Workmen's Cournpensation [Transfer of Funds) Act, 1927. APPENDIX 11 Annuals or BRITISH Srarurrs Aprucsnm on Possmns Ap1>1.Ica-rrox To INDIA (CHnono1.oetca.1.1.r Anaanosnl.

(1) 12i5!129'? Mayne Carta. [25 Edw. e. 1, 29).

Little argument is necessary to show that this Charter has be- come useless and unnecessary for us after we have adopted a written constitution oontaining a guarantee of individual rights speciﬁed therein. In Gopcttczrfs caﬂe, our ﬁupreme Court has. laid down that the s.a.fegua1'd against arbitrary-deprivation of life or per sonal liberty, now, rests entirely on the provision in Art. 21 of our Constitution. ' (2) 1331 Unlawful Attachment (5 Echo. 3, c. 9).

This statute lays down that the person or property of any person shall not be attached against the Magna Carta or the law of the land.

So far as the person is concerned, the constitutional guarantee in Art. 21 of our Constitution is clear. For propertyr, we have a , similar provision in Art. 31(1) of the Conslitiztion. but it is debatable whether 'attachment' is 'deprivation' within the meaning of Art. 31 (1). But even if it be held that it is not, the inference should be that the makers of our Constitution did not intd to lay down any constitutional guarantee against illegal attachment of p13iperty.' The law relating to attachment is provided by our C as of Procedure and for violation of those provisions, the poison aggrieved has got proper legal remedies.

This statute is, therefore, no longer of any use to us.

(3) 1354 Non-Cmtdemnotion (28 Edw. 3, c. 3).

This is a statute belonging to the Magna Carta group, providing that none shall be condemned without 'due process of law'.

since the decision in Gogaolorﬁs case' interpreting Art. 21 of our Constitution, there is no room for the application in India of this statute or the principle involved therein outside the terms -of Art. 21 itself. a (4) 15403E_'egreels of Comonguinity (Mnniage) Act (32 Hen. E, c.

This chapter -of the statute of. 154:0 was enacted in a particular historical context which is no_lonife1.'. in. exifsilce even in .E.'I1g1and, via, the usurpation of powers b the Bishop of I-'tome to legaliae marriages which were contrary o the law in__Eng1and.

t. Gopnfan v. State of Moira, {I950} S.'.3.R. 58.

2. Cf. Sienna v. Satisﬁ, {I954} S.C.R. 10*".

-. a4vID'n,¢9_. -

This chapter has already been repealed in England, and we do not require it either.

(5) 1551 Sale Offices Act (5 3.: 5 Erica. E. c. 16).

1309 Sale of Oﬁices Act (49 Geo. 3, c. 1.36).

These statutes penalise the actor selling or purchasing the appointment to an oﬂice or receiving or agreeing to receive etc. any reward for appointment or nomination to at resignation from any oﬁice.

The contents of these statutes are substantially covered by sections 161 and 165A of the Indian Penal Code It is _soni£whnt doubtful whether receiving gratiﬁcation as an iiiducernerit ﬁat resigning from an oﬁice is covered by these sections of the I.P'.C. If any new provision be required, that may be inserted by an amendment of the I.P.C. and then this statute may be with. ' ' (E) 167? Statute o_fF1-ands (29 Cha. 2, c. 3).

The fcmialitics for various legal instruments in India are now laid down in all-India Acts like the istration Act, the Transfer of Property Act and the Contract Act, on there is no longer any room for any separate law for the Presidency towns. ' ('3) 16'?9 Hcheas Corpus Act (29 Cha. 2, c. 9}. ' 1362 Hcbcas Corpus Act (25 8: 36 Vict.. c. 20].

There is no room for the application of these statutes since the commencement of our - Constitution. The procedural provisions relating to this remsdyoin-[ndia._wi1l now be laid down by the Supreme Court and the High Court under their rule-making powers.

But this power is subject to legislation' and whether any such legislation should be undertaken for ensuring uniform-ity, is a matter for further consideration. . p (8) 1688 Coronation. Oath Act (1 'H'. d: M. c461.

Though as'a member of the Commonwealth, India recognises the British Crown as the symbolic head of the Commonwealth, the British Crown has no longer any sovereignty over India and the Indian citizens owe no allegiance to it. Hence. any statute relating to the British Crown has no longer any application to India.

The Act of Settlement, 1701, and the statutes relating to the demise cat the Crown, 1702, 1713'? also-.fall under this category. -

(9) 1693 Crime in Plantations Act(1l Witt. 3, c. 12) This statute lays down how Governors etc, of British planmtions .!E . 1 .

and colonies are to for committed" p _ respective jurisdictions. ' - -_ _ -- ' - _ . Needless to say,' nosuch law is requiretl for India any longer.' (10) mi Act of Settlement (12 andi1s- win. c. 2). - e ' (See. under 1688, Coronation Oath Act, ante).

:. Vida art. :45 Li} nfthc Constitution.

1. 35 (11) 1702 Demise of the Crown Act (1 Anne. c. 2].

(12) 1'30? Demise of the Umwn Act (8 Anne. c. 41). (See under 1683, Coronation Oath Act, ante).

(13) 1730 East India Co. Act (21 Geo. 3, c. -15). _ 1737 E.I. Co. Act (37 Geo. 3, 1:. 1-121.

Both these statutes were repealed bjr the Tenth Schedule of the Government of India Act, 1935. lllence, nothing remains to be done.

(14) 1731 House of Comnwm liltsqualtﬁcations Act (22 Geo. 3, c. 43).

What will disqualify a person for a seat in 313 British House oi Commons is no longer of any interest to us.

(15) 1797 E1. Co. Act (37 Geo. 3, (7,142). (See 1730 E.I. Co. Act, ante);

{I6} 1802 Ciitrtinal Jurisdiction 'AC1: (42 Geo. 3 c. 85].

The Crime in Plantations -Act, 1898 (ante) applied only to Governors and holders of similar oﬂices. The present Act extends the same principles to all public oﬂloers of Great Britain in respect of offences committed abroad,---provid.'1ng that they shall be liable Ea ble téied in England, as it the oifence had been committed in ng an . .

This statute may still be-ofimportance for Great Britain but for India. ' (1?) 1809 Sale of Ofices Act (49 Geo. 3, c. 126). (See 1551 Sale of Ofﬁces Act, ante).

(13) 1311 East India. Company Bonds Act (51 Geo. 3, c. 34).

The following statutes relating to loans ﬂoated by the East India. Co. have been repealed in England, by the repealing statute men» tioned in the footnote':

1311 E.I. Co. Bonds Act (51'Geo. 3. c. 34); 1353 3.1. Loan an (22 Vic_t., 3. _11);- . 1359 n1. Loan (No. 2} Act (22 3 23 Vict., o. 39); 1333 n1. Stock Act (23 3; 24 Vict-., c. 102); 13311 E.I. Laoan Act (23 3: as vice, c. 133}; 1331 Bank of England (see as Vict., c. 3):

1331 El. Act, (211 3; gs 3." :5); '_ 1363 India Stock Certiﬁcate Act (26 .8: 2'7 Vict., c. T3); 1339 E1. Loanact (32 3;" 33 trjc_t., c, 133); _ 1371 India Stock Dividends ad (34 3'; 35. Vict, c. 29); 1373 317. Loan Act (33 3: 3-7 1?ict.,c.32};

1. 1 Edw. 8 &. I Gco.5, 1:. I4.

13'i'4 E.I. Loan Act (37 8; 38 Vict. c. 3);

137? El. Loan Act (40 8: 41 Vict.. c. 51);

1379 E.I. Railway (Redemption of Annuities) Act {~12 and 43 Vict., c. 43); » 18?9 E.I. Loan Act (42 3.: 43 Vict., c. 60):

1339 El. Loan (El. Railway Debentures) Act (43 Vict.. c. 10}; 1880 India Stock [Powers of Attorney) Act (43 Vi-::t., c. 11); 1881 E.I. Railway (Redemption of Annuities] Act (£4 8: 45 Vict., c. 53); A 1385 E.I. Loan Act (48 6; 49 Vict., c. 28); 1893 El. Loan Act (56 3: 57 Vict., c.='?0); 1893 E.I. Loan Act (61 8: 62 Vict, c..13); 1901 Egg} Loan (G.I.P. Railway Debentures) Act (1 Edw. 7. |'--'- E . . t 1905 E.I. Loans (Railways) Act (5 Edw. 7, c. 19); 1908 E.I. Loans Act (8 Edw. 7, c. 54}; 1910 E.I. Loans (Raifway and In'-igation} Act (10 Edw. 7, c. 5); 1923 E.I. Loans Act (13 and 14 Gen. 5, c. 31). Since the repealing statﬁte' also extended to India, nothing further is required.

(19) 1812 Prisoners of Wm' (Escape) Act (52 Geo. 3, c. 156).

This statute provides for the punishment of any person who aids or assist a prisoner of war, conﬁned in any part of His Majesty's Dominions, to escape.

, In India, section 130 of the Indian Penal Code provides the cor- responding law.

Hence. this statute may be dispensed with, but the provision in section 3 of the English Act which deals with the offence when fatitrunfltted on the high seas should he imported into the Indian W. (20) 1319 Ordination for Colonies Actjﬁ Geo. 3, c. 60].

This Act empowers the Archhishops of Canterbury and York or the Bishop of London to admit: persons into Holy Orders, for the 'colonies and foreign possessions'. .

_ There being a large Chistian community in India, such legisla- tion may still be required for India. But since the statute applies in respect of 'colonies and iioreign possesﬁcns', it is no longer applicable to India. according to the decision in Me'ncm."s case'.

Hence, if such legislation be neeeqsary. India should enact a proper law of her own, after consulting the interests concerned.

1. 1 Edw. 8 Ir. 1 Geo. E, c. :4.

2. Sim J Mairanr. Menu, (1955) 1 s.C.R. s.-B981].

(21) 1326 Divorce Bills Evidence Act (1. Geo. 4, c. 101).

This statute enabled the examination_ of witnesses to be taken in India in steigport of private Bills of Divorce on account of adul- tery commit in India, upon warrant issued by the Speaker of either House of Parliament.

This is a procedural law which has been repealed in England by the Statute Law Revision Act, 1953'.

Hence, it has no longer any practical utility in India.

.{22) 1823 Loscars Act (4 Geo. 4:,.c. 80).

S. 31 of this Act provides that if an Asiatic Lascar is convicted by a Magistrate in the U.K. for an act of va ancy, it should be lawful for the Magistrate to order him to be pped on board of ajressel "bound to the place from whence he was brought.

It is evident that s. 31 deals with the powers of a Magistrate in ihe U.K. and is not requir'éd'£or India -now.

The rest of the statute applying to India empowers the Governor- General-in-Council to make regulations relating to lascsrs. There is no reason why this portion should not be included in an Indian Act.

(23) 1824 Slave Trade Act (5 G60. 4, c. 113). 18*$3 Slave Trade Act [6 and 7 Vict., c. 93). 13'i'3 ghee Trade (East African Cottrta] Act (36 and 3? Vict., c. 5 . -

18'?'3 Slave Trade Act (36 and 3'? Vic't., c. 88}.

-1375 Slave Trade Act [39 and 4!} Vict, c. 46}. .

1879 Slave Trade [East African Courts) Act [42 and 43 Vir.-t., c.

38).

The above group of statutes relates to slave trade.

- {A} The statute of 1824 is a consolidating statute relating to slave trade,----pena1ising purchase, sale, exportation, importation etc. of slaves.

We have s. 3?0 of the Indian Penal Code, covering the same ground. .

(B) The statute of 1843 as amended by S.R.O. 1937 (No. 2313} empowers the High Court of England to issue a writ of mandamus to a High Court in India to hold" a Court and examine witnesses in connection with an indictment for a slave trade offence. This statute was passed for the effectual suppression of the slave trade.

The need for such a statute for India at the present moment is not clear. Even if India bewilling to act in aid of the Court of Queen's Bench in England, this statute will have to .be modiﬁed, because a High Donut in India can no longer be said to be a tribunal inferior to the Queen's Bench and is- not bound by a writ of man- damus issued by the latter. ' I. 1§Geo.6,c.6.

I _(C] The statute of 1375 (36 and 37 "Fiat, c. 59]" extends the juris- diction of the _Vice-Admiralty Courtiat Aden and of the British Consuls regarding suppression of slaveitrade in puisiiance of trea- ties made between the U.K; and the East LA.fI'ican countries. ' In_ the present situation, no such law 'is required for 'India.

(D) The second statute of 1873._ (36 and 37 Vict., c. 883 is a statute for implementing treaties between the UK. and any forei -State, for the suppression of slave trade, andeon-fers powers upon t e naval commanders, courts etc. of the U.K. and British possessions. for seizing and disposing of slave ships and-the-'like.' (E) The statute of 1375 confers" eictra-territorial jurisdiction upon the Courts in India to punish offences relatin to slave trade, committed on the high seas or in of Asia or ' ica._ .

(F) The Actof 18'i'9 is in the natureof a supplement-ito-the Act of ]8'?3--the Slave Trade (East Afrizcanvﬂourts) Act, 1833. "

We had in India, an Act relating to slave trade, namely, the Indian Slavery Act, 1843, which declared the law relating to slavery within the territories of the East India C0. It rovided, inter alia, for the prohibition of sale of persons or of rig t to his labour on the ground of slavery, But the Indianiiilct (Act 5 of 1843) has been repealed by the Repealing and Amending Act of 1952 (Act 4:8 of 1952}, on the ground that the legislation had become 'otiose' [vide Ministry of Law No. F. 11-2-51-L (Vol. I), page 1'3, paragraph 4]; what is meant is, that the mischief to remedy which the Slavery Act was passed no longer exists and hence no legislation is needed any longer. We have in the' Indian Penal Code. sections 370 and 3'31, dealing with the oifence of traﬁicktng in slaves. In the present state of aﬁairs, those provisions relating to slavery seems to be enough.

If we want further powers, we can at any moment amend the Indian Penal Code for the purpose. or make a law of our own relat- ing to slave trade.

(24) 1323 Criminal Law (India) Act (9 Geo. 4, c. 74).

This statute gave to the Supreme Court and thereafter to the High Court the jurisdiction to try certain offenders and accessories even though the offences might have been committed on the high seas or abroad.

But in view of Menon.'s case', the applicability of this statute to India seems to be doubtful, s'ince_i_t_con£er5 the 'urisdiction upon "His Majesty's Courts erected within the British e'rr'tta-ries".

This jurisdiction is necessarylin India even after Independence, but the contents of this statute should be imported into our own legislation. -' i I'

1. Sign of Madras v. Manon, (r955'| 1 S.C.'.R. 5230 [23-7).

The provisions may properly be incorporated into the Cﬁmmd Hocedure Code or in a..5epnrs.te jurisdiction.

(25) 1330 Illitsory Appointﬂlents Act (11 Geo. 4 E: 1 Will, 4:, c. 43?.

This statute provides, inter alto, that no appointment in exercise of a power shall be invalid. merely on the E191-111d that 3- nammal share has been given to any object of the pﬁwer.

In India, this statute was extended _to territories outs1d_e the Presidency Towns, by the Illusory Appointments and Infants Pro- perty Act [XXIV of 1341). 'in order to inake the law. uniform. This Act, however, did not affect the operation of the English statute indareaigtoverned by English law at the time of the P353313 Of ah? In ian .

. Now, this Indian Act of 1841 has since been repealed by the Iﬁepealing and Amending Act (XLVIII of 1952) on the ground t at---

' "there is no need to perpetuate this Act in India with all its attendant confusion caused by its uniamﬂiar land tenure terms".

The reason why the English statute should also be removed from our statute hook is that injndependent India, there is no reason why European British subjects should be governed by a_separate law in matters which are governed by Ian toot, or why thereshould be a separate law for the Presidency Towns when the historical reasons behind the differentiation have disappeared.

{E6} 1830 Debts Recovery Act {11 Geo. 4 & 1 Wi1l4,c. £l:'l}".

This statute facilitated the payment of debts out of the real estate of infants.

Ijhe statute was extended to areas outside the Presidency towns in India, by the Illusory Appointments and Infants' Property Act, 1841, which has now been' repealed by Act XLVIII of 1952, and the comments made on the 1830 Illusory Appointments Act, ante, would hold good in respect of the present statute also.

(2.?) 133i) Infants' Property Act_(11 G80. 4 8: 1 Will. 4, -2. 65)'.

This statute dealt with the rights of infants, femes covert and the like to hold particular tenures in England.

This English statute was extended to areas outside the Presidency towns in India, by the Illusory Ap intments and In:Eants' Propert Act (XXIV of 1841). But that Act been repealed by the Ropes - ing and Amending Act IXLVIII of 1952}. See under 1330 mpsozy Appointments Act, ante, and the comments made in that connection will apply to the present statute also.

I. Already replaced ii! Engla.tI[I,.b'}r :5 EL 16 5.1:. 20.

2.--15:1. c. 23'. ' ' ' ' 1' .

3. Ibid, c. 5.

legislation relating to Admiralty r 40 (28) 1830 Colonial Oﬁtces Act (1 Will. 4, c. 4).

This 'statute lprovides that. the tenure of any Colonial Governor and the like shal not expire wlth the demise of the Crown.

This is no longer necessary for India.

(29) 1831 Evidence on Commission Act (1 Will, 4, c. 22). 1340 Debtors (Ireland) Act (3 3: 4 Vict, c. 1135). - 1359 Evidence by Commission Act (22 Vtct., c. 20). 1885 Ev-iclence by Commission Act (48 8: 49 Vict, :2. T4].

All these statutes contain provisions for examination of witnesses on commission.

(A) The statute of 1831 extends the provisions -of the East India Act (13 Geo. 3, c. 63) relating to examination of witnesses upon interrogatories and on commissionr to all' 'colonies, islands, planta- tions and dominions' of His Majesty. .

(B) The statute of 1840 empowered the courts at Dublin to examine witnesses on commission and to issue writs for this purpose to courts in any of the British colonies_, dominions etc.-

(C) The statute of 1859 provides that any Court within 'His Majesty's dominions' may issue a commission for the examination of witnesses residing out of its jurisdiction whereupon a High Court in India or any other superior court in the U.K. or elsewhere in the British Possessions shall execute that commission by examining such witnesses etc. (D) The statute of 1385 authorises the court issuing the com- mission to nominate the person who is ,to examine the witness in execution of the commission.

So far as we are concerned, our Codes of Procedure already contain provisions for the execution of such commissions issued by foreign tribunals. Thus-

{a] S. 504(3) of the Criminal Procedure Code provides for the issue of commissions for examination of witnesses outside India.

(b) S. 508A of the Criminal Procedure Code deals with foreign commissions and sub-sec. (2) (b) empowers the Central Government to notify any country to be includ- ed under this provision.

(C) Similarly, 0.26, rr. 19-22 of the Code of Civil Procedure deal with the execution, by the High Court, of a com- mission to examine witnesses, issued by a foreign trihunaL The deﬁnition of 'foreign court' in 5. 2(5) of the Civil Procedure Code includes any court situated outside India.

No separate provision thus appears to be necessary for the U.K. and the Dominion Courts. Subject to any Inodiﬁcations of the existing glrovisions in the Codes as may be necessary, these statutes may be 'spensed with.

The present position between Eire and India in this respect may also be examined and if the law contained in the statute o 1840 be still necessary, it may be incorporated in our Codes of Procedure. (30) 1832 Army Prize Money Act (2 8: 3 Will. 4, c. 53).

This statute deals with the mode of payment and distribution of prize money and other captures made by the Army.

There is no corresponding law in India. Perhaps legislation on the subject will be necessary.

(31) 1333 Judicial Committee Act (3 & 4 Will. 4, o. 41}. A 1843 Judicial C0'm.rm.ittee Act (6 8: T 'Vict., c. 38}. 13-324 Judicial Committee Act I'? _5z_ 8 Vtct, c. 69). 1331 Judicial Committee Act {Hag 45 Vic-t., c. 3). 1895 Judicial Cmnmuittee Amendment Act {.58 &t 59 Vice," :2'. -H). 1913 Appellate Jurisdiction Act (3 8: 4 Geo. 5, c. 21}. 1915 Judicial Committee Act (5 8: 6 Geo. 5, c. 92).

Appeals to Privy Council having been abolished, we are no longer interested in the composition etc. of the Judicial Committee of the Privy Council. ' These statutes are, therefore. no longer required.

(See also 1351 C'.o1.:rt of Chancery Act, 1% 3: 15 Vict., c. 33}._ (32) 183?-ggigivernﬂwnt of India Act. (Also Acts of 1358, 1915, 1919,

(a) The Act of 1935 has been repealed by Art. 395 of our Constitu- tion.

(b) The Government of India Act, 19_19 was repealed by s. 321 of the Government of India Act, 193_ﬁ, but the Preamble to the Act of 1919 was not repealed because the Act of 1935 had no Preamble and the Preamble of 1919 was intended to be used to indicate the objects of the British Gove1'n11:Ie'nt. 'iijlith the repeal of 'E5412' Act of 1935, this Preamble must have gone.

etc} The Act of 1915 was repealed by the 10th Schedule of the Government of India Act, 1935.

{:1} The Act of 1833 was repealed by s. 130, Schedule 4_ at the Government of India Act, 1915 {5 8: 6 Geo. 5, c. 61), ea.-cept 5. 112, relating to the Island of St. Helena. India has no concern with that provision. -

(e) The Act of 1353 was siniilarly repealed "by the of India Act, 1915, except s. 4. This section enables some of the Secretaries of State to sit and vote in the House of This is also of no use to India.

(33) 1834 Superannuation Act (4 8: 5 Will, 4, c. EA].

1860 Superarmttarion Act (23 & 24 I-'.'ict. c. 89).

138'? Superannuation Act (503: 51 Vict. c. ET}. 1914 Superannuation Act (4 8: 5 Geo. c. 36).

1935 Superannuation Act (25 8; 26 Geo. 5, c. 23}. 1945 Superannuation Act (9 6: 1aD'Geo. 6, c. 60).

These statutes deal with pensions and allowances etc. payable to persons retired from civil offices in His Majesty's service.

Prirna. jaole. India has no longer any interest in these statutes. The Act of 1860 has already been repealed by the Government of India Act. 1935.

{E4} 1840 Debtors (Ireland) Act' [3 8: 4 Vic.-t., c. 1:15}. (See 1831 Evidence on Commission Act, ante}.

[35] 1843 Colonies Evidefice Act (6 5: '3 Vtct. "c. 22].

This statute says that any colonial law which provides for the admission of unsworn testimony of certain persons shall not be void for repugnancy to the law of England.

India. has no interest in this statute.

(33) 1843 Judicial Comrrruittee Act (6 8: '3 T.'.'ict., c. 33').

(See 1333 Judicial Comlnittee Act, ante}.

(3?) 18-13 Slave Trade Act [6 5: "1 Vi.ct., c. 93}.

{Sec 1824 Slave Trade Act. ante}. ' (33) 18-14 Judicial CW1-tmtirtee Act ('5' E: 3 V_ic'E., c. 69}.

{See 1833 Judicial Committee Act. amt).

(39) 1847 Naz?:zlDE3e1"te'r's Act [10 3: 11 Vict, c. 62).

13-19 Portuguese Deserters Ac1:'(12 & 13 Viva, c. 25].

1376 Statute Law Revision Act [39 8: 40 Wet, c. 20).

{A} The statute of'1347 pz-oraidsesffor the apprehension of deser- ters from the British Navy.

(B) The statute of 1349 gives effect to the treaty between'. the U.K. and Portugal and provides for" the apprehension of deserters from Portuguese vessels, if found in India orin any Dominion port, on the application of the Portuguese (C) The extent section of the Act of have provides how the penalty imposed by the Act 'of I349 is tmheireicovered. ' In all probability, in the present diplomatic situation between India and Portugal, India would not willing to be bound by any such obligation, which is political in-"nature. ' The need for such legislation in India today may he examined by the Ministry' ooncemed. 1 a (in) 134.9 Portuguese Daserters Act (12 51: 13 V.-zcz.-., c. 25).

(See under 1849 Naval Deaerters Act, above).

(41) 1349 Admimlty Ofeuces (Cu-lovniuh Act (12 -5.: 13 Vict, c. 96).

1360 Admiralty Jurisdictimi (India) Act (23 :5: 24 Fiat. c. 88}. 18?4 Court: (Colonial) Jurisdiction A£t_ [37 3: 33 Witt, c. 27). (A) The statute of 1849 deals with oﬁemzes committed on the high seas, and empowers the courts of the colony to which the oﬁender may belong, to try such an offence as if the offence were committed =1-3 "within the territorial waters of such colony. Read with the subse- quent statute--Admiralt5r jurisdiction (India) Act. 1860 (23 & 24 Vlct. c. 88}, the word 'colony' includes-

"every part and place under the Govuemment of Her Majesty in India". .

(B) The statute of 1360 speciﬁcally extended the Admiralty offences (Colonial) Act, 1849 to 'British India'.

Section 2 of this statute reserves the right of the oifender to be tried by the Supreme Court of the Presidency (t.e.. a High Court now} where he would have his right-if the offence were committed in India.

This statute deals with the punishment to be awarded' when a person committing an offence on the hi ' seas is tried in a colonial court. It says that the punishment sh ordinariljr be the same as is imposed by the local law for a similar oﬁence committed within its territory, but if the alleged act is not an offence according to the local law, the punishment shall be according to the English law.

As to the client of this statute there has been a difference of o inion between the Calcutta audithli; Bombay High Courts The lcutta High Court' has been ,of' that the statute does not authorise' the punishment of an act' which is not an offence under the En lish law and that thoughfche ﬁ'actE*dure may be governed by the In 'an law, the charge must besfrained in terms of the English law, in every case. The Bombay High Court has, however, held that both the substantive and procedural law in such cases shall be :1 ran. ; -

All these oddities may be removed.-it we enact a law of our own relating to 'crimes committed on the'High sees'.

(42) 1850 Piracy Act, (13 at 14 ﬁn.-2., c; 31}.

This statute confers jurisdiction upon the High Court of Admi- ralty in England to take cogiizanoe of _iracy cases, v_:hic_h constitute a species of offences committed on the gh seas. It is highly doubt- ful whether the above statute is of uni] use to India now, for the power under the statute belongs toﬂthe igh Court of.»-England, We have so far had no law of admiralty of our own. A compre- hensive legislation should" be undertaken very dearly and piracy should be included therein. In this connection, attention 'may be drawn to Entry 21 of List I of the Constitution which gives to Ffarlianient comprehensive power to legislate with respect to pira- cies. _p

1. R. v.Soimu!to}a, {I912} 39 Cal. 4.87 (4.90).

2. R. v. .5'. K'. A.ﬁa'u.i.FEa.t:'r:-zen, CIEBQJEI4 Born. 227.

(-13) 1851 Intnatics Removal (India) Act (14 8: 15 V-ict.. c. 81] 1884 Criminal Lunatics Act (4? «S: 48 V,ict., c. 64).

The ﬁrst-mentioned statute empowers the Provincial Govern- ments in India to remove criminals who are adjudged lunatics, from India to the UK. and the second statute provides for the expenses of maintenance of a crirninal lunatics so removed.

Both these statutes are, prixrna. facts, unnecessary for us now-

(44) 1851 Court of Chancery Ac! J14 1!: 15 V1'c.I'., c. 83).

The om-opoa1od portion of this statute is. 15) deals with the quorum of the J udieial Committee, which is no longer of any con- cern to us. (See under 1333 Judicial Committee Act, ante).

(45) 1852 Colonial Bishops Act (15 6: 16 Wet, c. 52].

1853 Colonial Bishops Act (16 8: 17 Vict, c. 49).

These statutes deal with the powers of Colonial Bishops and the effects of a person being ordained a deacon or priest in a colonial possession. , Prima facie these, statutes are still necessary "for the Christian community in India. ' (45) 1353 Coinage (Colonial Oﬂences) Act (16 81': 17 vtct:., c. 43).

This Act extends to British 'colonies and possessions'. the English statutes relating to coinage oﬁences, 'viz. Coimage Offences Act, 1832 (2 8: 3 Will. 4, c. 34;' also '3 'Will. 4 85'1" 'Ii-.':t., c. 90, s. 5).

The result of these statutes is -to provide-for the punishment for importing into a colony a counterfeit coin resembling a coin -of Her Majesty. 1' ' S. 237 of our Penal Code penalises the importation of any counter- feit foreign coin and the English statutes are tmnecessary.

(47) 1353 Customs consoztdottonsct (16 at 17 Vict., c. 107).

This statute has already been repealed by the Government of India Act, 1935. ' (48) 1354 Registration 0 Births, Deaths' & Marriages ».{Scotl'a'nd)» Act (17 8: 18 11ct., c. 80;. .

1910 Registration off Births as Marriages (Scotland). Amendment Act (111 saw. 7 &"1 Geo. o. 32}.

These statutes provide that an extract of any entry in -51 Register of Births, Deaths and Marriages inﬁcotlaimd shall be admissible "in all parts of Her Majesty's dom.=iwTwhs" without: further proof.

If we are to retain this prpvision,_we may incorporate it into our Evidence Act (cf. s. 82). Incidentally, it truly be examined wl'1iet£1ree11' W3 should conﬁne such privilege only to England, Scotland an an .

1. Repealed in England by 24 3: 25 Vic-.t., c. 95, s. I.

-l-5 :;-t-5) 135-E F:-reign Tr-ihtmols Eoidetruae Act: {19 -3.: 2t'! F:'.c1:., c. [13].

This statute enables a court in 'Her Majesty's domin:ions* to ena- mine witnesses in relation to civil or commercial matters pendm before a foreign tribunal. upon an application made in that behal , supp:-ﬂed by the cerﬁﬁcal:-e of the diplomatic agent of such foreign country.

So far as the Courts in India are concerned, it would be nwre convenient if the subject matter of this statute were trattsfcrred to thr Code of Civﬂ Procedure, in case it is sought to be retained.

(50) 1853 Go-vemme-nt of India Act (21 5; 22 'V1-'.ct.,. c. 106} (See 1333 Government of India Act, cute}.

(51) 1359 East India Loon. Act (22 Vict., c. 11).

(See 1311 E1. Co. Bonds Act, ante].

(52) 1859 Evidence by Commission Act [22 V-ict., c. 20). (See 1831 Evidence on Commission Act, note].

(53) 1859 East India Loan (No. 2} Act (22 8.7. 23 Viet-._. c. 39]. {See 1811 El. Co. Bonds Aet,a1:te}.

{Ba} 1359 félflgllﬂl Neon! Herero-e {Volmzteer} Act (22 E: 23 Visa, -r.

1396 Racéyoi Naoal Res-eroe {Volunteer} Act [59 3.: ED Vice, c. J. .

1932 Roy-:L1l'Jo1;e:l Reserve Act [22 Edw. T, c. 5}.

192'? Royal Naval Reserve Act (1? as 13 Gen. 5, c. 18).

1942 Royal Naval Reserve (Volunteer) Act [5 3.: E Geo. 6, c. 13).

All these statutes relate to the British Naval Forces and do not concern us now'.

(55) 1339 British Law Ascertsinment Act (22 3: 23 '5-'iI:.'l:., E. E3]. 1361 Foreign Law. Arcert:o.i-nme-1:1; Act -[24 3.: 25 Vict, c. 11}.

Both these statutes enable any court within the British Dominions to ascertain the law administered in any other country, by stating a case for the opinion of a su]a'-erier court in that country. While the statute of 1359 applies where that country is another part of the British Dominions, thestatute of 1361 applies where- that country is a foreign country, situated outside the British Domini-ons. The latter statute is founded on international conven- tions entered into between the UK. and foreign countries.

India being no longer a Dominion, adaptation of these statutes is necessary. it wouid be better to engrait appropriate provisions in the Evidence Act. giving reference to these English Statutes so that our parties as well as the courts may easily understand that the courts possess this power. So far as the statute of 18:51 is concerned, a fresh arrangement between India and the foreign countries tnasr be necessary, if we want to enact a similar law of our own.

(56) 1360 Indian Securities Act (23 8: 24 Visa, c. 5).

-I----5 LRWWB 45 This statute provides that _ {:1} Indian Government promissory notes and certiﬁcates on which interest is payable in London shall, on the deceased of the owner, be deemed to be his personal estate.

(13) No stamp duty shall be payable on the same.

Prime focie, this statute relates to conditions in England and a repeal of the statute by India will not aﬁect anybody.

(57) 1850 Admiralty Jurisdiction (India) Act (23 :3: 24 Vi.ct., c. 38). {See 1849 Admiralty Offences (Colonial) Act, ante).

(53) 1350 Superannuation Act (23 3.: as c. as).

This statute has been repealed by the Government of India Act. 1935 (Tenth Schedule).

(59) 186i} E.I. Stock Act (23 & 24 Vick, c. 102). (See 1311 El Co. Bonds Ant, ante).

(so; was .-iiimimny Oﬂ'-enoes {Colonial} Act (23 3: 24 Viect, c. 1122).

This is merely an enabling statute. It enables a Colonial Legis- lature to make a law providing for the trial, of the oﬂfenoe of mur- der or manslaughter, of an offender who had committed an act, such as hurt or poisoning, against another person within the . territorial limits of the colony as a result of whichthat other person dies out- 'side the limits of the colony.

This statute is no longer of any use to India. It India wants to legislate in this respect, our Parliament can do so without the autho- rity of the British Parliament. * (61) 1360 El. Loan Act (23 3: 24 Viola, c. 130). (See 1811 E'.l.'. Co. Bonds Act, ante}.

(52) 1861 Bank of England act (24 8: 25 Vict., c. 3). (See 1811 East India Co. Bonds Act, 51 Geo. 3, c. 64).

(as) 1351 Foreign Law Ascertcinment Act (24 3; 25 Vi.ct., c. 11}. {See 1859 British Law Ascertainment Act, ante].

(6%) 1361 El. Loon. Act (24 8:. 25 Vi4:*t., c. 25). (See 1361 El. Co. Bonds Act, ante).

(65) 1861 Malicious Damage Act (24 St 25 Vi.ct., c. 97].

T This statute, in so far as it appl_i_es to India, penalises the act of maticiously setting ﬁre to, or casting away or otherwise destroying a ship or vessel.

Such a provision is necessary for India and, in fact. one of the above-mentioned acts forms the subject-matter of illustrations (e)

-and (f) of section 425 of_ the I.P.C. There is n_o reason why a section should not be inserted in the I.P.C., embodying 311 the ahgve act,' so that the English statute may be dispensed with.

-1-7 (66) 1351 WillsAct [24 8: 25 Vict, c. 114).

This statute provides that any wili executed by a British subject out of the UK. shall be admitted to probate in the U.K.L, as regards personal estate, if it had been executed according to the law of the place Where the testator was domiciled when the will was made.

The statute is not necessary for our purposes.

{'57) l361 Domicile Act [24 8: 25 V_-icit., c. 121).

This statute provides that on the conclusion of a convention with any foreign State, the British Crown may law down, by an Order in Council, certain conditions for the acquisition of domicile in that ioreign State by British subjects and in the U11. by the subjects of such foreign State.

This statute, as such, is not necessary for India, but it may be considered Whether we require similar legislation with respect to our relations with foreign States.

{B3} 1362 India Stock Transfer Act (25 8: 28 Vick, :2. T).

This statute provides for the registration and transfer of 'India stocks at the Bank of Ireland and for the mutual transfer of such stocks from and to the Banks of England and Ireland respectively.

So far as India is concerned, any such law is hardly necessary now.

(69) 1862 Haheas Cm-pus Act [25 8: 36 V-ict., c. 20). [See under 167'?! Habeas Corpus Act, cute).

(70) 1552 Fine Arts Copyﬁyht Act (25 3; 2s rm, c. as).

This statute provides for protection of copyright in paintings and ' other works of ﬁne arts.

The Copyright Bill, 1955, now pending 'before our Parliament, includes copyright in artistic works. Hence, the English statute is uzmcoessary.

(71; 1353 India Stock Certiﬁcate Act (25 5; 27 V-ict, c. 73).

It has been already repealed in England and it is not necessary for our purposes. - -

{See under 1311 E.I. Co. Bonds Act, ante}. (72) 1363 Co1oniaILet1=ers Patent Act [26 3: 27 Vict, c. 75;.

This statute lays down the dates of commencement of Letters Patents issued by the British Crown for the colonies, from time to time. .

It is unnecessary for our purposes.

173) 1864 Naval 15.-as Act (27 8: as Vfict, ,:. 25).

This statute lays down the English law of naval ' as and Prize Courts and provides that the High Court of Admiralty shall have

-jurisdiction throughout .'Her Majesty': Dominiono' asa prime court.

It is high time that India ﬂioulad have her own law of aclmiraitgr and the contents of this statute should be incorporated therein.

my 1354 mass Oﬁice Site Act (27 3.: m Vie-t., c. 513.

{T5} 1355 India oﬁice Site and Aprprroaeh-es Act (23 8!. as Vice, c; 32}.

An enquiry may be made whether these statutes are still 0:! any use to the oﬁice of our High Commissioner in the U.K. (TE) 1866 India Military Funds Act (29 E: 30 Viat. c. 13).

This statute deals with the ﬁ of persons entitled to allow':-

ances etc. out of certain Military ds, e.g., Bengal, Madras 'anti Bombay Military Funds.

This statute has become ohmlete. cm 1866 Indian Prize Money Act (29 .5: 30 V1'.cr., c. 47). 1868 Indian Prize Money Act (31 & 32 Vic-t., c. 38}. (A) The statute out 1866 was passed to legalise the payment of Indian Prize Money due to "ofﬁcers and troops of His Majatfs "

Ariny", by the Chelsea I-IospitnL (B) The statute of 1363 provides for the approfyriation of certain unclaimed shares of prize money aequired by so diets and seamen in India, after the lapse of a speciﬁed These statutes are unnecessary for India now.

{'78:} 1866 Naval ﬁat (29 & 39 Vict., c. 1119).

1834 Naval Discipline Act (47 8.: 43 Vict, c. 39}.

1909 Naval Anal: {9 Edit. '3, c. 14}.

1915 Naval Discipline Act (5 Gen. 5, c. 30).

1917 Naval Discipline Act (7 8; 3 Gear. 5. c. 34}.

1941 Naval Dimpﬁrlae {A.mendme1-at) Act (4 8: 5 G80. 6, c. 3). 'I'hepi-ovisiansofthesestatirles wereadoptecl b the Indian Iéegliﬁiture by enacting the Indian Navy (Discipline) QUEEN 0 .

Subseguently, refemenees to the English statute have been omit» ted from ct XXXIV of 1934 by the Adaptation of Laws Order.

1950, so that the entiresubjectnmntter is new codiﬁed in a self- contained Indian Law.

(79) 1866 Straits Settlements Act GE 1. £0 Vict, E. 115}. 1337 British Settlement 1'!-ct L51] 8: 51 Vir.'t., c. 5-1}.

(A) The statute of 1336 provided for the government clef 'Strait Settlements'. -

(B) The statute-lei 133'? relates tothe Govemnaentofother Biz'-ﬁle:

settlements. . ~ 49 India has no interest in these statutes now. (30) 1368 Indian Railway Companies Act [31 8: 32 Vi.ct., c. 26).

18'i3 Indian Railway Companies Act (36 8: 3? Wet, c. 4:3).

(AI The statute of 1868 authorised the Indian Railway Com- panies, such as the G.I.P.R., EI.R., to issue debentures etc. (B) The statute of 1373 authorised these Railway companies to issue and register shares and securities in India.

These statutes appear to have become obsolete.

C81) 1863 Documentary Evidence Act (31 8: 32 Viact, c. 31). 1882 Documentary Evidence Act (45 8: 46 V-i.ct., c. 9).

These statutes penalise the act of forging certain documents issu- ed by the English Crown or by any colnnial Government and also provide how such documents are to be proved. _ If these provisions are to be retained, they may be included in our Penal Code and Evidence Act, in proper places. , (82) 1868 Indian Prize Money Act (3i 8: 33 Wet, c. 38). (See 1866 Indian Prize Money Act, ante).

(33) 1369 East Indian Irrigation 8: Canal Act (32 8: 33 Victl, c. '3}.

This statute conﬁrmed certain agreements between the Secretary of State in Council and the East Indian Irrigation and Canal Com- pany for the construction of certain irrigation works.

This statute appears to be obsolete.

{34)13B9 East India Loam Ad [32 3: 33 V_:'ct., c. 106). 1813 East India Loan Act (36 -8: 37' Vict, c. 32).

(See under 1811 East India Co. Bonds Act, ante). [See 1870 Coinage Act (33 8: 34 Vict, c. 10)]. 1891 -Coinage Act (54 8: 55 Vi.ct., c. 72).

These statutes constitute the English law relating to currency' and coinage in England.

India has no longer any interest in these statutes.

(as) 1370 Extradition Act (33 8: 34 Vict, c. 52). 18?3 Extradition Act (35 8: 37 Vict, c.

1395 Extradition Act (58 8: is 'V1'.ot., c. as). 1905 Extradition Act (5 Edw. 7, O. 15].

1932 Extradition Act (22 & 23 G80. 5, C. 39). We have got a law of our own on the suhject---the Indian Extra- dition Act (XV of 1903). This Act lays down the edure to be followed in India after a valid requisition for extra ition is receive- ed from a foreign': State. ' -

The right of a foreign Government to make such requisition, however, rests on treaty between the two countries concerned.

51) .-' J-G:-iv, so for as the right -oi England -or any Eritiah Pos5es.si.on to ' demand exirarliiion In-c-r:1 India is conoerno-d, the law is ]:1I:li.'iIi_.Ed by the English stat'.1tes- mentioned ah:Jv.'-.=,- and the Indian Exzraditlon Act proceeds on the assumption that these statutes apply to Inrha, 'I'1:ese statutes, l:n:.»v.re'\r-er, apply to 'British Posse-$1n:-r.s'. In. State of Madras v. Mono-ri,' the Supreme Court has held that India was no longer a British Possession and the English statutes were, there- fore, no longer applicable to India. The following observations. in particular, deserve to be noticed-

"ﬁzfter the achievement of independence---b:r no stretch of imagination could India 'be described as a British Possession. Truljr speaking, it becomes a foreign territory, so for as other British Pos- sessiom: are concerned and the extradition of persons taking asylum in India, and having oommitlzed oﬁences in British Possm-mu could only be dealt with by an arrangement between the Sove- reign Democratic Republic of India and the British Government and gi'ire.n elfeot to by appropriate legislation. The Union Parlia- ment has not so far enacted any law on the subject and it was not suggested that an? arrangement has been arrived at between these two Govemmen .

Steps slrould be taken early in response to the above observa- iona of the Supreme Court. for enacting Indian legislation relating to the subject.

(87) 1870 Foreign Enlistment Act (333: 34; Vict, c. 90).

This stahnte regulates the c-onduci of British 5'.1b_-1-EH25 through- out the Dominions during the -existence of hostilities between for- eign States with which the British Crown is at peace. Thus S. 4 prohibits a. British subject from enlistment in service of a foreign; State which is at war with another foreign State, friendly with t British Crown.

Since the extant clause of this statute nefers to 'ﬂominions'. it has become inapplicable to India. aocurding to Merton'; case.' But such a legislation is neoessary for India, for no Indian citi- zen can be allowed to side against a State friendlv with India, in case of war between that State and another. the beneﬁt of the legislation should be extended to all members of the C!orr.r:_-:-nwealth is another question to he oonsi-:lered.

(as) 1371 India Stock Dividends' Aer (34 3: 35 Vim, c. 29). {See 1811 El. Co. Bonds Act, ante}. ' (39) 1332 Noturolisoﬁn-rt Act [35 -S: 36 V-i.ct., c. 39].

This statute aoﬁars to have been repealed by S. 19(2) of'o'=i1r Citizenship A.-:1: (L I of H515] which repeal_s.--'.'al] laws relating to naturalisation which are in tone in any part of India".

1. fags,-5.'; I S\G,R.'. aﬂo (2837, Further, whether I 51 Hence, nothing remains to he done.

(90) 1873 _Eo.'5t Indian Stock Dividend Redemption. Act (36 8: 3'7 Vi.ct., c. 17).

This statute provides for the redemption of the dividend on the capital stock of the E.I. Co., and for the transfer of _the Security Fund of the company to the Secretary of State for India II). Council and for dissolution of the E.I. Co.

So far as India is concerned, this statute appears to be obsolete.

(91) 1873 East India. Loan Act (36 8: 3? V.'iCt., c. 32). {See under 1811 El. Co. Bonds Act, ante).

(92) 1873 Indian Railway Companies Act (36 6: 3'? Vict, c. 43). (See 1863 Indian Railway Companies Act, ante).

{Q3} 1873 Extradition Act (36 8: 37 Vi.ct., c. 52). (Sec 1870 Extradition Act, ante].

(94) 1873 Slave Trade (East African Courts) Act (36 8: 3'? Vick, c. 59). . .

(95) 13'?3 Slave Trade Act (36 8: 37 Vict., C. 38). (See 1824 Slave Trade Act, ante).

(96) 18?4 East India, Lawn. Act (3? 8: 38 Vict., c. 3). (See 1811 E1. Co. Bonds Act, ante).

(97) 1874 East India Annuity Funds Act (37 8: 38 Vict, c. 12}. 1382 Bombay Civil Fund Act (455 8: 46 Vict, c. 45).

{A} The statute of 1874 provided that the annuities payable out of the Bengal 8: Madras Civil Service Annuity _Funds and the An- nuity Branch of the Bombay Civil Fund (to civil servants retiring after a speciﬁed period of service) shall be liabilities of the reve- nues of India.

(13) The statute of 182 provided for the transfer of the assets andliabilities of the Provident Branch of the Bombay Civil Fimﬂ. to the Secretary o§JState for India in Council.

In all probability, these statutes have no possible application 'at the present day. - - ' (98) 1374 C0u'!'ts (Colonial) Jm-isdicticm. Act (37 8; 38 Vict., c. 27)- (See under 1949 'Admiralty Offences (Colonial) Act, ante).

(99) 1874 Colonial Clergy Act (37 St 33 Vict, C. 77). I This Act imposes certain restrictions on the colonial clergy.

The" subject-matter of the legislation seems to he still necessary for India. '- .

{I00} 1876 Royal Titles Act {39 8: 40 Vic-t., C. 10].

1901 Royal Titles Act (1 Edw. 7, c. 15).

1927 Royal :3: Parliamentary Titles Act {17 8.: 18 Geo. 5, c. 4).

Obviously, we are no longer interested in these statutes, tor the Crown of England is no longer the 'Emperor of India', and is not entitled to add anything to its title on account of Indla. {I01} 1876 Statute Law Revision Act [39 8: 40 Vict., c. 20]. {See 1849 Portuguese Deserters Act, ante).

(102) 1376 Customs Consolidation Act (39 8: 40 V'i.ct., c. 36).

This statute extends the British Customs Act to 'British Posses- sions abroad' and goes to the extent of annulling all laws in the British Possessions which are repugnant to the British Customs Act and vests the powers of Commissioners of Customs in the Governor of those Possessions.

This Act does not appear to be any longer necessary for our pur- poses.

{103} 1875 Slave Trade Act (39 8: 40 Vic't.., c. 4'5). (See 1843 Slave Trade Act, ante).

(104) 1877 E.I. Loon Act (40 3: 41 Vict., c. 51). (See under 1811 E1. Co. Bonds Act, ante")-.

(105) 1878 Dentists Act (41 3: 42 Vict., C. 33].

This statute provides for the registration of dentists in the U.K. and the British Posse-ssions.

We have now a Dentists Act. of our own (XVI of 1948) which extends to the whole of India except J ammo 3: Kashmir.

The utility of the British statute now is not apparent.

(106) 1878 Elders' Widows' Fund (India) Act, (41 8: 42 Vic-t., c. 4.7}.

This statute provides, -inter alia, that the India 0tﬁce;'Provident Fund shall alone be liable to meet the claims of the subscribers to the Elders' Widows' Fund who had elected to subscribe to the India Office Provident Fund.

In all probability, the purpose of this statute has been served. (10?) 1878 Territorial Waters Jurisdiction Act (41 -E; 42 Vict., c. 73].

This statute empowers the Admiralty in England or in any of the British Dominions to have jurisdiction over?-any offence com- mitted within the 'territorial waters' of the U.K., or of a Dominion as the case may be,--even though the oﬁence may have ben com- mitted by a foreign national or on board a foreign ship.

The territorial waters being a part of the territory of a State, India is competent to enact a law of her own, deﬁning the limits of its 'territorial waters'. (This has been recently deﬁned by an executive notiﬁcation}.

-(1I}3}1879 Registration B-irths. Deaths mi M ' 21 Act («:2 8: -is c. 3}. H" "mm ( W) 53 This Act empowered the British Crown to make regulations for the registration of the births, deaths and marriages occurring, -out of the U.K., among officers and of 'Her Majesty's Forces, and their families'.

Prima facts, this statute is no longer of any interest to India. '\ (109) 1879 Sltwe Trade (East African Courts) Act (42 8; 4:3 T«Tict., c. 38). ' (See 134:3 Slave Trade Act, ante].

(110) 1379 Indian Guaranteed Railways Act (4.2 8: 43 Vict., c. 41).

This statute empowered the 'Guaranteed Railway Companies', e.g., the G.I.P.R., M.R., B.B.C.I.R., to enter into agreements and to exercise some other powers with respect to their undertakings.

Prime facts, this statute is no longer of any use to us.

(1113) 1379 E.I. Railway (Redemption of Annuities} Act (42 3: 43 Vi.ct.. c. -I ). I (See under 1811 E.I. Co. Bonds Act, date).

(112) 1379 E1. Loan Act (42 at 43 V_tat., c.ﬁD}. (See under 1811 E.I. Co. Bpnds Act, ante).

(113) 1330 13.1; Loan. 3.1. Ry. Detettttttres} Act (-13 Vi.ct., c. 10). (See 1811 E.I. Co. Bends Act, ante):

(114) 1880 India Stock (Powers of Attorney) Act (4.3 Vict, c. 11).

(See under 1811 El. C0. Bonds Act, ante). _ (115) 1831 Judicial C0111-trtittee Act (44 & 45 V_tct., c. 3}. (See 1833 Judicial Committee Act, a1r1.te).~ {I16} 1881 India Oﬁice (Sale of Superﬂuc-u.s Land} Act (-14 8: £5 Vict., c. 7). _ This statute authorised the Secretary of State for India in Coun- cil to sell a particular piece of land.

The statute has obviéusly served its purpose. (11?) 1331 E.I.3J§taiIway (Redemption of Annuities) Act (44 8: 45 Viot. c. 5 .

(See 1381 E.I. Co. Bonds Act,.a:u$e).

(118) 1881 Army Act {H 8: £5 Vic't., c. 63).

After the enactment of a cornprehensive Army Act in India in 19513, the British Act is new .

(119) 1881 Fug-itive Oﬁ-"e-nders Act {H 8: 45 Vtct, c. 69].

TM: statute was declared tq be inapplicable to India after the commencement of the Constitution, in Hue-1ern.'s case} In that 'call. the warrant of extradition had been issued by a Magistrate elf 3inﬂ- gene, under Part II of the F'u.gitive Oﬁenders Act, 1881. The validity ' I. (1955) 1 S.C.R.28o.

K. 3 54 o¢--'--';"{(-

of this warrant was challenged It was held by the Supreme Court that since this statute applied to 'British Possessions', it could. no longer apply to India after it had become a Republic. . .

Observations were made by the Supreme Court as to the 11 of making fresh treaties with the -Republic of India and the need for fresh legislation in this respect (See p. 50 ante. Government should take early steps in the matter of fresh legislation, in View of those observations of the Supreme Court.

(120) 1882. Documentary Evidence Act (45 8.: 46 Vtct, c. 9). (See 1868 Documentary Evidence Act, ante). 1 (121) 1832 Bombay Civil Fund Act (45 8: 46 V-ict., c. 45). {See 1874 East India Annuity Funds Act, ante).

(122) 1882 Reserve Forces Act (45 8: 46 Vic-t., c. 48).

1898 Reserve Forces r.md' Militia Act (61 8: 62 'Riot, c. II}. 1899 Reserve Forces Act (62 3:63 Vi.ct., c. 40).

1900 Reserve Forces Act (63 3; 04 Vict, "c. 42).

1906 Reserve Forces Act (6 Edw. 7, c. 11).

1907 Territorial & Reserve Forces Act (7 Ed-w. '1, c. 9}. 193'? Reserve Forces Act (1 Edw. 3 8: 1 Geo. E, c. 17).

These statutes, relating to an Army Reserve in the U.K., are not necessary for us.

(123) 1884 Colonial Prisoners Removal Act (47 8: =18 Vice, c. 31).

This statute provides for the removal, in certain circumstances, of prisoners and criminal lunatics from one 'British Possession'_' to another or to the U.K. It seems that this statute may still be useful to India.

(124) 1884 Indian. Marine Service Act (47 -18 V1'.ct., c. .38}. This satute was repealed by the Government of India Act. 1935,- Tenth Schedule. Hence, nothing remains to be done. ' (125) 1834 Naval Discipline Act (4? 8.: 48 Vict., c. 39}. {See 1866 Naval Discipline Act, ante).

(126) 1384 C1-imainal Lunatics-Act (47 1:: 48 Vict, c. E4). ,_ _[See under 1851 Lunatics Removal (India) Act, ante].

(127) 1335 111. Unclaimed Stock Act (43 '3; 49 Vi«ct.,'c. 25).

This statute provided for the transfer to the'Sec1'eta1'_v of State

-for India in Council of unclaimed 'India stock and dividends', and:

unclaimed railway annuities and debentures, after the lapse mi in speciﬁed period. - - - .

' 1. The Act was speciﬁcally extended to India hythe Government of' India (Adaptationof Acts of Parliament) Order, 1g37. - - 55 The practical need for such legislation in India is not apparent (128) 1885 13.1. Loon. Act (48 8: 49 Vic1:., c. 23). , {See 1811 E.I. Co. Bonds Act, ante]. (129) 1885 Subnmﬁne Telegraph Act (43 & 49 Vi.ct., c. 49).

This 'statute was made to give effect to the International Con- vention for the protection of sub-marine telegraph cables, en into between the UK. and sortie other countries.

It was binding on India as a British Possession.' If India wants to implement this Convention, we may have a law of our own.

(130) 1335 Indian Army Pension Deﬁciency Act (43 8: 49 Vict., c. 57}.

This statute provided for the discharge of the liability of the Consolidated Fund of England in respect of certain Indian Armor Pensions and for the application of the Indian Army Pension Deﬁ- ciency Fund.

Pr-imo facile, this statute has become obsolete.

(131) 1885 Evidence by Comm.i.ss'iorn. Act (48 E: 49 Vict, c. T4}. (See 1831 Evidence on Commission Act. ante].

(132) 1886 Medical Act (49 :5: 50 Vict, c. 43). 1905 Medical Act (1336) Amendme-nt Act (5 Echo. 7, c. 14).

These statutes regulate the admission to medical practice. uni constitution of the Medical Council, in England.

They do not concern us.

(133) 1887 Conversion of India Stock Act (50 8.: 51 Vi.ct., c. 11).

This statute enabled the holder of India 4% stock to convert it. into India 3;% stock, with the consent of the Secretary of State.

The statute appears to be obsolete.

(134) 1387 British Settlements Act (50 & 51 Vict.. c. 54). (See 1866 Straits Settlements Act. ante}.

(135) 188'? Superannuation. Act (50 8: 51 V'iCt., c. 67]. [See 1834 Superannuation Act, ante}.

(136) 1387 Appellate Jurisdiction Act [50 8: 51 V,ict., c. '70).

This statute relates to the composition of the House of Lords as' a. court of appeal. » It no longer concerns India.

(137) 1B38V0u.d.h aiggl Rohilkwnd Railway Purchase Act (51 & 51

- 1'.ct., c.

It has been re al_ed by (1936) 1 Edw. 8 8; 1 Geo. 6, c. 14," which statute applied to dis. Hence. npthing remains to be done;

I. In this connection, the obscrvationsrin Nico-on': case aretohe taken not of.

(138] 1889 Comrmissioners for Oaths Act (52 8: 53 Viact., c. 10). 1890 Commissioners for Oaths Amendment Act (53 3: 54 Vict., c. 7). l 1391 Commissioners for Oaths Act '[54 3: 55 Vict., c. 50).

These statutes deal with the powers and functions of Commis- sioners of Oath in England. We are no longer concerned with them.

(139) 1889 Interprretatioen. Act (52 8: 53 Vict., c. 63].

This statute contains the rules of construction of Acts of the British Parliament. If we can dispense with all the British statutes now applying to In 'a, there will be no further need for the present statute.

(140) 1390 South Indian. Railway Purchase Act (53 E: 54 Vic-t., c. 6).

It has been repealed by (1938! 1 Edw. B & 1 Geo. 6, c. 14. Nothing remains to be clone.

(141; cmnmissionm for Oaths Amendrmmt Act (53 av. 54 Vic-t., c. 7). (See principal Act of 1889, ante).

(142) 1390 Colonial Courts of Admt_ra.lty Act (53 8: 54 Vice, c. 27;.

This statute is to be read with our Indian Act of 139i, m7a'., Colo- nial Courts of Admiralty (India) Act (XVI of 1891].

. The English statute provides for the constitution and powers of courts of admiralty in colonies and the Indian Act declares the High Courts of Calcutta, Madras and Bombay to be the colonial courm of admiralty for India for the purpose of application of the English statute.

The English statute, thus, still governs the admiralty jurisdic- tion of our principal High Courts.

The necessary substantive pl'-Inrisions of the English statute may be incorporated into our Act XVI of 1391 so as to make it the com- prehensive Indian law relating to courts of admiralty.

(1-13) 1890 Foreign Jurisdictimi Act (53 & 54 V-ict., c. 37). . 1913 Foreign Jurisdiction Act (3 & 4 G90. 5, c. 16). These Acts empower the British Crown to administer territories over which it has foreign or extra--te1-ritorial jurisdiction by virtue of treaty, grant, usage and the like.

'Foreign country' means any territory outside the British Dominions.

' We are no longer interested in this statute. We have gotour own Foreign Jurisdiction Act (XLVII of 1947} which serves the same purpose so far as India is oonccrned.

(144) 189 Mail Ships Jlct ('54! £2 55' Tact, c. 31}. I90'! Mail Ships Act (2 Echo. '3', e. 33). ' 57 These statutes' empower the British Government to carry into elfect conventions made with foreign countries respecting ships engaged in Postal service. _ ese statutes me. be applied to a British Possession if the Government thereof a heres to the con- vention.

In all probability, India is enjoying the powers and privihges under these Acts.

If so, we should have a legislation of our own,--after entering into direct conventions with the foreign countries as suggested in Me-no'n.'s case}, if India is not an original party to sw;-h convention. (145) 1891 Commissioners for Oaths Act (54 8: 55 Vict., c. 50).

{See 1389 Commissioners for Oaths Act, ante}.

(1-i6}1Br91 Coimvge Act (54 8: 55 Vict, c. '72). [See under 1370 Coinage Act, ante).

(141) 1392 Colonial Prohates Act (5 & as V?ict., c. 6).

This statnteéirovides for the rﬂwgnition in the U.K. of . tea granted by the ourts in British Possessions, on a reciproca basis, It seems that this statute is still beneﬁcial in' the case of person:

claiming properties in the UK. under probate granted in India, But since the statute is based on reciprocity, it may be consichred whether, in enacting an Indian law on the subject, we should not make it one of general application to all foreign States which may be willing to enter into such recipiwoml arrangement. (148) 1392 Foreign Maniage Act (55 8: 56 Vtct., c. 23].

This statute provides that if the naarriage of a British subject is solemnised in the manner this statute, in any foreign vali a ' country', 51.1011 maI'1'1age shall be s if it had been solernnhed in the UK.

This statute is necessary only for the U.K. and not for our purposes (149) 1892 Supemnnuation Act (55 8: 5 Vict., c. 40]. {See 1834 Superannuation Act, ante}.

(1503 1893 Regimental Debts Act (56 &.5":' Vict, c. 5}.

This statute regulates the pi t of Regimental ciebts, d collection and éisposal of the of persons governed by :12; English Military Law, in saw of death, insanity and the like.

It extends to India but does nw ?p1y to 'any ti of India within the meaning of Inlian Military aw' (s. 25). M ve :. The statute of 1902 in an amending statute.

Prints facts, it seems that there may not he in India now any person governed by this statute.

(151) 1'893"Tru.s'tee Act (56 8: 57 V1"-ct., c. 53).

1894 Trustee Act, 1393, Amendment Act (5? 8; 53 Vi.c1:., c. 10).

These statutes deal with the powers and' duties of trustees under the English law.

We had two Acts in lndia regarding trustees which applied only "where English law was applicable", viz.,----

(a) Indian Trustees Act (XXVII of 1366);

(b) Trustees' 8: Mortgage-es' Powers Act (XXVHI of 1866}.

Both of_ them have been repealed by the Repealing 8: Amending Act (XLVIII of 1952], presumably because the English law of trusts no longer applies to any person in India. The English law applied to European British subjects in the Presidency Towns. But there is no longer any justiﬁcation for discrimination in favour of European British subjects residing in the Presidency towns.

Since the Indian Trusts Act extends to the whole of India, includ- ing the Presidency towns, there is no need for the English Trustee Act in India.

i152) 1393 Madras and Bombay Armies Act (56 3.: 57 Vi.ct., c. 62]. This has been repealed by 26 Geo. 5, c. 2. Nothing remains to be done.

(153) 1893 East India Loam. Act (56 8: 5'? Vict, c. '30). _ (See under 1811 East India Co. Bonds Act, ante). (154) 1894 Trustee Act, 1393, Arriendsrrient Act (5? 8.: 58 Vict, c. 10). (See 1393 Trustee Act, ante]. _ (155) 1894 Indian Railways Act (5? 5: 58 V17-ct., c. 12). This Act conferred certain powers regarding borrowing and payment of interest on 'Indian Raﬂway 'Companies'. Prima. fccie, this statute is obsolete. (156) 1894 Finance Act (5? 8: 53 Vict, c. 30]. 1896 Finance Act [59 8: B0 Vi.ct., c. 23).

(A) The Act of 1894 allows deduction from estate duty payable in England when death of a British takes place in a British possession where estate duty is payable in respect of property left there. .

This is not necessary for our purposes.

(B) The Act of 1396 provides for the increase of annuity charged the Indian Army Pension V"

on the Consolidated Fund of England Deﬁciency Act, 1385 (48 8: 4-9 'V'1ct., c. . This Act has become obsolete for the reasons given under the Act of 1885, ante.

(157) 1894 Prize Courts Act (57 8: 53 V,_i.ct., c. 39). 59

_ This statute may be dispensed with if we enact a law relating to admiralty and prizes, as suggested under 1364 Naval Prize Act. ante ' (158)-1894 Unifornis Act (57 3: 58 Vict, c. 45}. This statute penalises the use of British military uniforms or any dress simulating such uniforms by any unautiiorised person.

So far as the uniform of our Indian arnry or navy or air forces is concerned, the corresponding provision is contained in section 140 of the Indian Penal Code.

P1-imn fecie, there is no reason why we should still retain the British legislation as part of our law, when similar interests of other foreign States are not Safegarded.

(159) 1394 Mefchant Shipping Act (5? 8; 53 Vict, c. 60). 1891' Merchant Shipping Act [60 55 E1 Vict, c. 59).

1393 Merchant Shipping {Liability of Ship-Dw.n-ere)" Act (61

-8:: E2 V'iL't., C. 14).

1898 Merchent Shipping [Mercantile Marine Fund) Act (61 ' 8: 82 Vtct, -2. =14}.

1900 Merchant Shipping & E4 1-'."iCt., c, 32}.

1905 Merchant Shipping Act (6 Edw. T, c. 48).

130? Merclmnt Shipping Act [7 Edw. fl, c. 52}.

1911 Merchant Shipping (Sea-men': Allotment} Act (1 8: 2 Geo. 5, c. 8).

1911 Merchant Shipping Act (1 8: 2 Geo. 5, c. 42-]. 1911 Maritime Conventions Act (1 8: 2 Gen. 5, c. 57).' 1 1914 Merchant Shipping (Certiﬁcates) Act {4 3!. 5 Gen. 5, c. 42). .1916 Merchant Shipping (Salvage) Act (6 8.: '7 Geo. 5, c. 4-1}. 1919 Merchant Shipping (Wireless Telegraphy} act (9 & 10 Geo.

(Liability of Sh.-ip-owners) iqct {E3 5, c. 33), 1 1921 Merchant Shipping Act (11 8: 12 Geo. 5, c. 28).

1923 Méﬁicham Shipping (Amendment) Act (13 8: 14 Gas. 5, c. .

1925 Merchant Shipping (Equivalent Provisions) Act (15 8.: 16 Gen. 5, c. 37].

1932 Merchant shipping: (Safety and Loadline Conventions} Act (22 6; 23 Geo. 5, c. 9].

1935 Met-'altar t 33:' ' tcumm" M nit1'.n-ns to s ' Act (1ssw.§&1r§I?;.ﬂ§c.11. MT w pm") 1937 Merchant Shippiﬂg [Spanish F-rc-ntiers Db-Seructimt) Act

-(1 Edw. 3 -5: 1 Geo. 6, c. 19).

193'? Merchant Shipping Act (1 Edw. 8 8: 1 Geo. 6, c. 23).

1931' Merchant Shipping (Superannuation Contributions} Act ; 1 G20. 6, c. 4). = ' ' 19% Merchant Shipping (Salvage) Act (3 8: 4 Geo. 6, c. 43). ' ' . The principal En ' h statute rela ' to me:-ch i'. shi ' Ib that-of 1394. The otihs mg an mug er statutes mentioned above are amending or supplemental in nature. ' 60 It is understood that the Ministry of 'I':-ansport is draiting a cnmprehensive legislation on the subject of 'merchant shipping, including the contents of these English .statutes. -' (160) 1895 Docurmentury Evidence Act {58 Vice, c .9).

This statute applies the Documentary Evidence Act, 1868 to the Boaiid of Agriculture (see under 1868, Documentary Evidence Act, ante. _ (161) 1895 Extradition Act,(58 8: 59 Vick, (2. 33).

(See under 18'?!) Extradition Act, -ante).

(162) 1895 Judicial Committee Amemimen: Act (58 8: '59 Vict., c. 484).

(See under 1833 Judicial Committee Act, o.'nte)._ ' (163) 1896 Show Titles Act (59 & B11 c. 14-)._ This Act provided that certain statutes, speciﬁed in the Schedule. may be cited by the short titles mentioned therein. Since these short titles have been used in our Collection of English Statlites, this statute is of little practical utﬂity to us now.

(164) 1898 Finance Act (59 & 60 c. 28.).

(See 1894 Finance Act, ante).

(165) 1896 Royal Naval (Resemc.Va1untee-r) Act [59 8: 6!} Vtist, c.

33).

(See under 1859 Royal Naval Reserve Forces Act, ante). (166) 189'? 'Regular and Elders' Widows' Fund Act 61] V'1';ct., c. 11) This Act, authorised th Secrietary of State in Council for India to take up the assets and labiiities -'two Funds, 'viz., the Regular Widows' Fund and of the Elders' WmFows' Fund. The purpose of this statute has long been saved.

(167) 1897 Mefchant Shipping Act (60 8; 61 Vict, c. 59).

(See 1894 Merchant Shipping Act,' rmte.

(168) I898 Reserve Forces and Militia Act (61 8: 62 Vict, c. 9).

(See under 1882 Reserve Forces Act, ante).

(169) 1898 East India Loan Act (61 8: 62 Vict.. c. 13).

{See under 1811 E.I. Bonds Act, ante). ' (170) 1898 Merchant Shipping (Liability-9 of Ship-owners) Ad: (81 8: 62 Vict., c. 14). 9 -

(See 1894 Merchant Shipping Act, ante). _ (171) 1393 Statute Law Revision Act gm 3: 62 Vict., c. 22).

1908 Statute Law g1n'£t.(8'Eﬂw. 7, c. 49). These are simple repealing statutes which have served their V '1 £172) 1898 Merchant Shipping {._Mes't_.'unt'ﬂe Mame Fumn .§,c't 61 e 62 V'ic't., c. -14). = , 51 (See under 1894 Merchant Shipping Act, ante).

(173) 1899 Army (Annual) Act (62 8: 63 Vi.ct., c. 3).

1901 Army (Annual) Act (1 Eclw. '3', c. 2) 1909 Army (Annual) Act (9 Edw. 7, c. 3).

1910 Army (Annual) Act (10 Edw. T, c. 6).

1911 Army (Annual) Act (1 Geo. 5, c_ 3).

1912 Armry (Annual) Act (2 Geo. 5, c. 5).

1913 Army (Annual) Act (3 3; 4 Geo. 5, c. 2).

1914 Army (Annual) Act (4 Geo. 5, c. 2).

1915 Army (Amendnwnt) Act (5 Geo. 5, c. 25).

1915 Army (Amenclment) No. 2 Act (5 8; 6 Geo. 5. c. 53).

1916 Army (Annual) Act (6 Geo. 5, c. 5).

1911' Armry (Annual) Act (7 Geo. 5, c. 9).

1918 Awny (Annual) Act (8 Geo. 5, c. 6).

1919 Army (Annual) Act (9 G90. 5, c. 11}-

1920 Army & Air Force (Annual) Act (10 Geo. 5, c. '1').

1921 Army :3: Air Force (Annual) Act (11 Geo. 5. c. 9).

1922 Army & Air Force (Annual) Act (12 Geo. 5, c. 5).

1923 Anny & Air Force (Annual) Act (13 Geo. 5, c. 3).

1924 Armry & Air Force (Annual) Act (14 G60. 5, c. 5}.

1925 Army & Air Force (Annual) Act (15 Geo. 5, c. 25}.

1939-46 Armry & Air Force (Annual) Acts.

These Annual Acts constitute the legal authority for the mainte- nance of the British Army. We are no longer concerned with them. (1?4) 1899 Reserve Forces Act (62 8: 63 Vict, c. 40).

(See under 1882 Reserve Forces Act, ante).

(175) 1900 Colonial Solicits-rs Act (63 8: 64 Vict., c. 14).

This statute provides for the admission of a solicitor of a superior court in a British Possession, to be a solicitor of the Supreme Court of the U.K., on certain conditions.

This statute simply confers a privilege on India, which is not expected to be of much use since the abolition of appeals to the Privy Council from India.

(176) 1900 Merchant Shipping (Liability of Ship-owners and Others} Act (63 8.: 64 V1'.ct., c. 32).

(See 1394 Merchant Shipping Act, ante). (177) 1900 Reserve Forces Act [63 & 64 Vict., c. 42).

(See 1882 Reserve Forces Act, ante).

(1'?8] 1900 Colonial Stock Act (63 8: 64 Vicli, c. 62}.

This Act amends the Trustee Act, 1893 so as to authorise a trustee to invest in colonial stock.

[See under 1893 Trustee Act, ante).

(179) 1901 Army (Annual) Act {I Ed-w. 7, c. 2). 5-G Lix-#58 62 (See 1899 Army (Axmual) Act, ante).

(180) 1901 Demise of the Croum Act (1 Echo. ?, c. 5}. 1901 Royal Titles Act (1 Ed. 7, c. 15).

Since the attainment of our republican status, we are not concern- ed with either of these two Acts.

(131) 1901 East India Loan {G.I.P. Railway Debentures) Act (1 Edw. 7, c. 25).

{See under 1811 E.I_ Co. Bonds Act, ante). (182) 1902. Royal Naval Reserve Act [2 Edw. 7, c. 5). {See 1859 Royal Naval Reserve (Volunteer) Act, ante). (133) 1902 Mail Ships Act (2 Edw. 7, c. 36). (See 1891 Mail Ships Act, ante) (184) 1905 Ship-owners' Negligence (Remedies) Act (5 Echo. 7, c. 10).

This statute authorises a Court in England or Ireland to detain la non-British ship against which there is a claim for damages for personal injuries caused by negligence (i.e., for tort). A similar provision may be included in our proposed Indian law relating to merchant shipping.

{See under 1394 Merchant Shipping Act, ante).

(185) 1905 Medical Act (1885) Amzndment Act (5 Echo. 7, c. 14). [See under 1886 Medical Act, ante).

(186) 1905 Trade Marks Act (5 Echo. '7, c. 15). 1914 Trade Marks Act (4 & 5 Geo. 5, c. 16]. 1919 Trade Marks Act (9 8: 10 Geo. 5, c. 79).

These Acts have been replaced by the consolidating Trade Marks Act, 1938, 1 and 2 Geo. 6, c. (see past).

(18?) 1905 East India Loans (Railways) Act (5 Echo. 7, c. 19). (See under 1811 El. Co. Bonds Act, ante). (138) 1906 S)eo-m.en's and Soldiers' False Characters Act (6 Edw. 7, c. 5 .

It relates to the British Defence Forces and does no-t concern us. (189) 1906 Reserve Force: Act (8 Edw. 7, c. 11).

(See 1882 Reserve Forces Act. ante).

(190) 1906 E.-rtradition. Act (6 Ed.-w. '3 c. 15).

(See 1B'?0 Extradition Act, ante).

(191) 1906 Marriage with Foreigners Act (6 Edw. '7, c. 40).

This statute regulates the marriages of British subjects with foreigners abroad and of foreigners with British subjects in the U.K. 63 Obviously, this statute is no longer of any interest to us.

We have got, an Indian enactment, oiz., the I_ndian Foreign Marriage Act {XIV of 1903), which has only a limited scope. A comprehensive hill via, the Foreign Marriage Bill, for regulating marriages of Indian citizens with foreigners abroad, has already been referred by the Law Ministry to the Commission and the Commission will take up that subject in due course.

(192) 1906 Merchant Shipping Act (6 Edw. 7. c. 48). (See 1894 Merchant Shipping Act, ante).

(193) 1907 Territorial and Reserve Forces Act ('2 Echo. 7, c. 9}. (See Reserve Forces Act, 1900, ante).

(194) 1907 Evidence (Colonial Statutes) Act (7 Edw. 7, c. 16].

This statute provides that the copy of any statute or statutory instrument of any British Possession purporting to be printed by the Government grinter of that Possession, shall be admitted in any Court in the .K., without any proof being given that the copy was in fact printed by the Government printer.

It also penalises the printing of such copies by unauthorised persons, pretending that the copies have been printed by the Govern- ment printer.

This is a statute which relates to proceedings in the Courts of the UK. It calls for no action on our part.

(195) 1907 Commissioners for Oaths (Prize Proceedings] Act (7 Echo. 7, c. 25).

This statute amended the Commissioners of Oaths Act, 1889 for the purpose of administering oaths in Prize Courts.

But this statute has been repeated by 5. 1(5) of Evidence and Powers of Attorney Act, 1940 (3 and 4 Geo. 6, c. 23), which applies to India. Hence, nothing remains to he done.

(196) 1907. Deceased Wife': Sitter': Mcrrhgu Ac} (71 Edw. ;7, c. 4?). This statute legalises the marriage oi.' a man with his deceased wife's sister and other relations. There is no need of keeping this statute on our statute book. Where the parties to a marriage in India are governed by any foreign system of personal law, that law will govern the marriage and no special provision regarding English law is necessary. '

-(19?) 1907 Merchant Shipping Act (7 Edw. 7, c. 52). {See 1394 Merchant Shipping Ant, onto}.

(198) 1903 Post Office Act (3 Edw, '3'. C. 48).

The main operative provision, now extant, is that contained in s. 8'? which says that when arrangements have been made between the UK. and any other country for the transmission of money orders, the provisions of this statute shall be applicable to such money order as is consistent with the tenornthareof.

'l)-l-

It is presumed that there is such an arrangement between the UK. and India. If so, an appropriate provision may. priana fscie, be included in our Post Oﬂice Act, 1898 in order to obviate the necessity of referring to the English statute.

(199) 1903 Statute Law" Revision Act (8 Eciw. '7, c. 49). (See 1398 Statute Law Revision Act, ante).

(200) 1908 Appellate Jurisdiction Act [3 Edw-. 7, c. 51). (See 1895 Judicial Committee Amending Act, ante).

(2(I1} 1908 East India. Loans Act 8 Edw. '1. c. 55'). This has been repealed by 1 Eciw. 8 and 1 Geo. S, c. 14. (See under 1811 El. Co. Bonds Act}.

(202) 1909 Anny (Annual) Act [9 E11111. T, c. 3). (See 1899 Army (Annual) Act, ante).

(203) 19919 Nairrai. Establishments in British Possess-icms Act (53 Edw. , c. .

This statute authorises the Crown to transfer naval establish- ments in any British Possession to the Governor thereof.

Obviously, this has no further applicability to Inciia. (204) 1902 Naval Discipline Act (9 Edw. '1', c. 14). This is, in substance. an amending statute. (See under isss Naval Discipline Act, ante).

1205} 3.910 Eagt India Loans (Railways and Irrigutioisj Act [10 E1110. 7, C. D. ' -:

(See under 1811 El. Co. Bonds Act, ante]- (206) 1910 Army Act (10 Edw. 'I, c. 6}.

[See 1399 Army {Anm1aL}'Act,'-ante]. . % (20?) 191(1Acces&*:'.o11 Declaration Act (10 Edw. '7 3: 1 Geo. 5, c. 29).

This statute provides the farm of declaration required to be made by the English Sovereign on accession. .

We are no longer iriterested in this statute. (See under 1901 Demise of the.Crow--n Act, ante).

(203) 1910 Registration -of Births, Deaths and Montages {Scotland} Amendment Act (10 Edw. '1' 3: 1_G-so. 5, c. 32).

(See under 1354 Registration of Eirths, Deaths and." holarriag-es {Scotland} Act, ante}.

(M31911 A1"my{Amwal] Act (1 Gen. 5, CE :1). (See 1399 Army (Annual) Act, ante}.

{210} 1911 Merchant Shipping (Seamenfs Allotment) Act [1 8: 2 Geo. 5, c. 3).

(See under 1894 Merchant Shipping Act, ante).

{211) 1911 Parliament Act (1 8.: 2 G20. 5, c. 13).

This Act regulates the relationship between the two Houses of the British Parliament and allied matters.

We are no longer concerned with it.

(212) 1911 Geneva. Convention Act (1 8: 2 Geo. 5, c. 20).

This statute was enacted to- implement the provisions of the Second Geneva Convention, prohibiting the use of the emblem of Red Cross while on white ground. .-

Since, presumably, we have no objection to the continuance of the obligations imposed by this Convention, we may have the provi- sions of this statute incorporated into a law of our own! .

(213) 1911 Ofﬁciol Secrets Act (1 8: 2 Geo. 5. c. 28). We have got our own Ofﬁcial Secrets Act (XIX of 1923).

By the Official Secrets (India) Order in Council, 1923, the opera- tion of the English statute in India has been suspended so long as the Indian Official Secrets Act, 1923, remains in force.

It is of little meaning, therefore, to keep the English statute on our statute book.

(214) 1911 Merchant Shipping Act (1 8: 2 Geo. 5, c. 42). {See 1394 Merchant Shipping Act, ante).

(315) 1911 Copyright Act (1 dz 2 Geo. 5, c. 46].

The Copyright Bill, 1955, now pending in our Parliament, seeks to repeal the British statute of 1911. (See cl. B2). ' (216) 1911 Maritime Conventions Act (1 8.: 2 Geo. 5, c. 57). (See under 1894 Merchant Shipping Act, ante]. (21?) 1912 Army (Annual) Act I2 8: 3 Geo. 5, c. 5)-. (See 1399 Army (Annual) Act, ante).

(218) 1912 Marriages in Japan (Validity) Act (2 St 3 Geo. 5, c. 15}.

This statute provides for the validation of certain marriages of British subjects solemnized in the Empire of Japan before the pass- ing of this statute, as if they had been solemnized within the British Dominions.

It has little practical utility for us. (219) 1913 Army (Annual) Act (3 dz 4 Geo. 5, c. 2). (See 1899 Army (Annual) Act, ante).

(220) 1913 Post Oﬁice Act {3 :3: 4 Geo. 5, c. 11].

This statute enables newspapers published in the British' Dominions to be registered in England as "registered newspapers' under the Post Ofﬁoe Act, 1908.

This statute merely confers a privilege upon India in England. The Ministry concerned may. however, consider this statute along with other postal arrangements between India and the U.K. (221) 1913 Foreign Jurisdiction Act [3 8: 4 Geo. 5, c. 16). (See under the Foreign Jurisdiction Act, 1390, ante).

(222) 1913 Appellate Jurisdiction Act (3 8.: 4 Geo. 5, c. 21). 1915 Judicial Committee Act (5 8: 6 G20. 5, c. 92).

' (223) 1914 Aliens Restriction Act (4 8: 5 Geo. 5, c. 12).

1919 Aliens Restriction (Amendment) Act {9 8: 10 Geo. 5, c. 92).

These statutes authorise the British Crown_ to impose restrictions upon the immigration of aliens into the UK, in times of emerglncy or national danger.

It is obvious that these statutes are of no use to us now. Our Foreigners Act {XXX} of 1946) empowers the Government of India to impose restrictions upon the entry of foreigners into India. It further power for eriods of emergency is required, we may amend it, just as has been one reeently; ' (224) 1914 Prize Courts (Procedure) Act (4 8: 5 Geo. 5, c. 13). (See under 1866 Indian Prize Money Act, ante).

(E25) 1914 Trade Marks Act (4 8: 5 Geo. 5, c. 16). (See under 1905 Trade Marks Act, ante).

(226) 1914 iﬁsitish Nationeiity & Status of Aliens Act (4 6: 5 Geo. 5, c. .

1918 B3r§t)ish Nationality & Status of Aliens Act (8 35 9 Gear. 5, c. .

19225Brit:'1.rf11:T Nationality & Status of Aliens Act (12 & 13 Geo. , c. .

1943 British Natio-mzlity :1: Status of Aliens Act (6 5: T Geo. 6.. c. 14).

These statutes have been repeated by s. 19 (1) of our Citizenship Act, 1955 (VII of 1955). .

So nothing remains to be done.

(227) 1914 Army (Supply of Good, Forage & Stores} Act (4 '&_: 5 Geo. 5, c. 26).

This statute empowers the British Crown to requisition carriages, horses etc. in case of emergency _ Needless to say, it is of no-"use to us now.

(338) 1914 igerchant Shipping (Certiﬁcates) Act {-1 5: 5 Geo. 5, c. .

(See under 1894 Merchant Shipping Act, ante).

(229) 1914 Superannuation Act (4 8: 5 Geo. 5, c. 86). (See Superannuation Act, 1834, ante). _ (230) 1914 Navy (Pledging of Certiﬁcates) Act {4 3: 5 Geo. 5, c. 89). This statute applies a certain section of the British Army Act to-

the British Navy.

It is of no use to us.

(231) 1915 Army (Amendment) Act (5 Geo. 5, c. 26). (See 1899 Army (Annual) Act, ante).

(232) 1915 Naval Discipline Act (5 Geo. 5, c. 30). 1915 Naval Discipline (No. 2) Act (5 8: 6 Geo. 5. c. '73). 1917 Naval Discipline Act (7 & 8 Geo. 5, c. 34). These statutes amend the Naval Discipline Act, 1866. (See ante). (233) 1915 Copyright (British Museum) Act (5 & 6 Geo. 5, c. 38]. This Act amends the Copyright Act, 1911 with respect to the delivery of books to the British Museum. We are no longer interest- ed in this.

{234) 1915 Fugitive Oyffenders (Protected States) Act (5 5: 6 Geo'. 5, c. 39).

This Act extended the Fugitive Offenders Act, 1381 to the British Protectorates. We have no- concern with this now.

(235) 1915 Marriage of British Subjects (Facilities) Act (5 8: 5 Geo. 5, c. 40}.

1916 Marriage of British Subjects (Facilities) Amendment Act (6 8: 7 Geo. 5, c. 21).

These statutes were enacted to facilitate the marriage of British subjects resident in the U.K. and British subjects resident in other parts of His Majesty's Domini-ons.

We have no interest in them.

(236) 1915 Prize Com-ts Act [5 & 6 Geo. 5, c. 5'3'). (See 1866 Indian Prize Money Act, ante).

(23?) 1915 Army (Amendment) No. 2 Act (5 <3: 6 Geo. 5, c, 58}. {See 1399 Army (Annual) Act, ante) (238) 1915 Government of India. Act (5 & 6 Geo. 5, c. 61). (See 1833 Government of India Act, ante).

(239) 1915 Naval Discipline (No. 2) Act (5 8: 6 Geo. 5, c. 73). (See 1915 Naval Discipline Act, ante).

(240) 1915 Judicial Committee Act (5 8,: 5 Geo. 5, c. 92). _ (See 1833 Judicial Committee Act, ante).

{Z41} 1916 Naval Prize (Procedure) Act (5 Geo. 5, c. 2}.

This is a supplementary enactment.

(-See Naval Prize Act, 1864, ante].

(242) 1916 Imperial Institute (Management) Act (6 Geo. 5, C. 8}.

This Act provided for the transfer of the management of the Imperial Institute from the Board of Trade to the Colonial Office.

We have no concern with this statute.

(243) 1916 Marriage of British Subjects (Facilities) Amendment Act (6 8: 'I Geo. 5, c. 21).

(See principal Act of 1915, ante).

(244) 1916 Government of India. Amendment Act (6 8.: 7 Geo. 5, c.

37).

This Act, except sections 6 and 8, has been repealed by the Gov- ernment of India Act, 1935.

Section 3 deals with the Short Title of the Act.

Subsection (1) of Section 6 provides for the mode of transfer of 'India Stock'. Sub-sections (2) and (3) empower the Banks of England and Lreland to make regulations in this behalf. So far as subsections (2) and (3) are concerned, we have plainly no interest.

Subsection (1) of section 6 may be useful to us, only if there are any holders of India stock in India now.

(245) 1916 Merchant Shipping (Salvage) Act (6 8: T Geo. 5, c. 41).

This Act has been repealed by 3 and 4 Geo. 6., c. 43, which statute applied to India. Hence, nothing need he clone. (246) 1917 Naval Discipline Act (T & 8 Geo. 5, c. 34). . (See 1915 Naval Discipline Act, ante).

(24?) 1917 Air Force (Cmtstitution) Act {'7 dz 8 G80. 5, c. 51).

This deals with the constitution of the British Air Force and we are not interested in it.

(248) 1918 Army (Annua.1)Act (8 Geo. 5, c. 5). {See 1899 Army (Annual) Act, ante). .

(349) 1918 Brét-ish Ilfationality and Status of Aliens Act (3 5: 9 Geo. 5, c. 8}.

(See 1914 British Nationality 8: Status of Aliens Act, ante).

(250) 1918 Tennination of the Present War (Deﬁnition) Act (8 6: 9 Geo. 5, c. 59].

This provided for the termination of the First World War. Obviously, this is of no use to us now.

(251) 1919 Army {Annua1}Act {9 Geo. 5. c. 11). (See 1899 Army (Annual) Act, ante).

(252) 1919 Treaty of Peace Act (9 8: 10 Geo. 5, c. 33).

1929 TE-Saty of Peace (Aitstria & Bulgaria) Act (10 Gen. 5, c. .

1921 Treaty of Peace (Hungary) Act (11 8.: 12 Geo. 5, c. 11'). 1924 Treaty of Peace (Turkey) Act (1-1: Geo. 5, c. 7).

These statutes empowered the British Crown to_ take administra- tive steps to implement the Peace Treaty at Versaiiles (First World War}.

They are of no use to us now.

{253) 1919 Merchant Shipping (Wireless Telegmphy) Act [9 8.: 10 Geo. 5, c. 38].

(See 1894 Merchant Shipping Act, ante).

-{E} 1919 British Mercantile Marine Uniform Act (9 8: 10 Geo. 5, c.

62).

_ This Act provides for the uniform to be worn by the British "Mercantile Marine.

Obviously, it is not necessary for our purposes.

(255) 1919 Trade Marks Act (9 3.; 10 Geo. 5, c. T9]. (See under 1905 Trade Marks Act, ante). ={256) 1919 Aliens Restriction (Ame-ndment} Act (9 8: 10 Geo. 5, c.

92).

{See 1914 Aliens Restriction Act, ante). {25'?) 1919 Government of India Act (9 8: 19 Geo. 5, c. 101). (See under 1833 Government of India Act, ante). (258) 1920 Treaty of Peace (Austria and Bulgaria) Act (10 Geo. 5, c. 6).

(See 1919 Treaty of Peace Act, ante).

{E59} 1920 Army and Air Force (Annual) Act (10 Geo. 5, c. 1'}. {See 1913 Army (Annual) Act, ante).

(260) 1920 Oog-seas Trade (Credits & Insurance) Act [10 8:. 11 Geo. 5, c. J.

1921 Overseas Trade (Credits & Ins-in-once) Amendment Act {11 8: 12 Geo. 5, c. 26).

1921 Trade Facilities AC1: (11 8: 12 Geo. 5, c. 65).

1922 Trade Facilities & Loans Guarantee Act (13 Geo. 5, c. -H. 1924 Trade Facilities Act (1-1 3: 15 Geo. 5, c. 15).

1925 Trade Facilities Act (15 Geo. 5, c. 13).

1926 Trade Facilities Act (16 8.-. 1'1' Geo. 5, c. 3}.

These statutes empowered the Board of Trade to grant credits and undertake. insurances etc. for the purposes of re-establishing trade (after World War 1) between the U.K. and any other country.

We have no concern with these statutes.

(251) 1920 Maintenamze Orders (Facilities for Enfo-rcement) Act (19 8: 11 Geo. 5, c. 33).

This statute provides for the enforcement in the UK. of main- tenance orders made by any court in any part of "His Majesty':

dominion: outside the U.K."

170 The statute will remain enforceable in the UK. even if we remove it from our statute book.

(252) 1920 Indemnity Act (10 8: 11 Geo. 5, c. 48).

This Act was passed to confer indemnity against wrongful acts done by public servants during World War I. It has long served its purpose and we do not require it.

{263} 1921 Army & Air Force {Annual} Act (11 G90. 5. 0- 9}- (See 1899 Army (Annual) Act, ante).

(264) 1921 Treaty of Peace (Hungary) Act (11 3: 12 Geo. 5. c. 11). {See 1919 Treaty of Peace Act, ante].

(2351 19:1 rwwaiggx-ratio-r.. of pzumge (Prohibition) Act (11 3312 Geo.

, c. .

This is a customs law of the U.K. prohibiting the import of plumage. We have no concern with it.

(266) 1921 Indian Divorces (Validity) Act (11 3: 12 Geo. 5, (3. II}. This Act validated certain decrees for divorce made under the- Indian Divorce Act, 1869, prior to the passing of this statute, even.

though the parties thereto were domiciled in England and not h India.

Prime facie, this statute has already served its purpose.

(26?) 1921 Deceased Brother': Wz'dow's Marriage Act (11 & 12 G50. 5, c. 24).

This Act amends the Deceased Wife's Sister's Marriage Act, 1907- to include other relations. The same considerations apply to both Acts.

(268) 1921 Overseas Trade (Credits and Insurance) Amendnuent Act. (11 Er 12 G20. 5, c. 26).

(See 1920 Overseas Trade (Credits and Insurance) Act. ante]. (269) 1921 Merchant Shipping Act (11 8: 12 Geo. 5. c. 23).

This is an Amending Act, {See under principal Act of 1894, ante).

(270) 1921 Territorial Army and Military Act (11 3.: 12 Geo. 5, c._ 37].

This is another statute relating to the British Anny and is not necessary for our purposes.

(271) 1921 Trade Facilities Act (11 5! 12 Geo. 5." c. 65). §Sce under 1920 Overseas Trade (Credits and Insurance) Act... ante . ' (272) 1922 Army dz Air Force (Annual) Act (12 Geo. 5, c. 6). (See 1899 Army (Annual) Act, unite).

{2'?3) 1922 El. Loans (Railway cl': Irrigation] Act (12 Geo. 5, c. 9).

It has been already repealed by 1 Edw. B 8: 1 Geo. 6, c. 1«l,--a-. statute which applied to India. .

?l Hence, nothing remains to be done.

(274) Empire Settlement Act (12 8: 13 Geo. 5, c. 13), This Act empowered the British of State to c_o-operate in schemes for the settlement of_pcrsons 111 the UK. who intend to settle in any of the British Dontumons.

We have nothing to do with this.

(275) 1922 Indian High Courts Act (12 8: 13 Geo. 5. c. 21)).

Already repealed by the Government of India Act. 1935. (276) 1922 Naval Discipline Act (12 8: 13 Geo. 5. c. 37).

- This is an Amending Act.

§Sce under the principai Act, oiz.. 1866 Naval Discipline Act. unto .

(27?) 19252 Bn;!t§i.;h Nationality & Status of Aliens Act (12 8: 13 Geo.

, c.

(See under the principal Act of 1914, ante). (2.73) 1922 Trade Facilities & Loans Guarantee Act (13 Geo. 5, c. 4)-

(Sea 1920 Overseas Trade (Credits and Insurance) Act, onto). (:79) 1923 Armry & Air Force (Annual) Act (13 Geo. 5. c. 3].

(See 1899 Army (Annual) Act, ante).

(280) 1923 Fees (Increase) Act (13 Geo. 5, c. 4).

This Act increases certain fees payable under the Merchant Shipping Act, 1894.

The observations made in connection with the Merchant Shipping Act, 1394 will also apply to this Act.

(2311 1923 Matrimonial Causes Act (13 an 41 Geo. 5, c. '19).

_ This is an amending statute. It is curious to note that the principal Act, viz, the Matrimonial Causes Act, 185'? itself is not included in the Collection of Statutes applicable to India.

Anyway, the Act of 1923 has been repealed in England by 15 8:

16 Geo. 5. c. 49 (Supreme Court of Judicature Act, 1925) Sch. 6. and we do not require it.

(232) 1923 East India Loans Act (13 8: 14 Geo. 5, c. 31]. (See 1811 East India Co. Bonds Act, ante). (283) 19%! Mia-(rﬁham Shipping Act: (Amendment) Act (13 8: 14 Geo. , C. . ' { See 1394 Merchant Shipping Act, ante).

(28-4.) 1924 Army J: Air Force (Annual) Act (14 Geo. 5, c. 5). (See 1899 Army (Annual) Act, ante).

(235) 1924 Treaty of Peace {'I"u-rkey} Act (14 Geo. 5, c. 7). (Sea. 1919 Treaty of Peace Act, ante).

{E86} 1934 Trade Facilities Act (14 6:: 15 Gen. 5, c. 8).

(See 1920 Overseas Trade (Credits and Insurance) Act, ante).

(237; 1924 Auxiliary Air Force 8.: Air Force Reserve Act (14 8: 15 ' Geo. 5, c. 15). ' This statute also relates to the English Army and Air Force, with which we are no longer concerned. T (283) 1924 Carriage of Goods by Sea Act [14 8.: 15 Geo. 5, c. 22).

This statute was enacted to implement in the U.K., the Conven- tion agreed to at the International Conference on Maritime Law, held at Brussels in 1922, for achieveing uniformity in the law relat- ing to bills of lading and the Schedule to the statute contains the Rules adopted at the Convention, as applied to the carriage of goods from any port in Great Britain to any other port in or outside Great Britain.

By enacting the Indian Carriage of Goods by Sea Act {XXVI of 1925], India has herself implemented the Convention and applied the Rules to the carriage of goods by sea from any port in India to any other port whether in or outside India. The contents of the two' Acts are otherwise similar. Hence, the English statute is no longer of any use to us.

Incidentally, it may be pointed out that the Indian Act has practically been rendered ineﬁective by judicial decisions to the eﬁ'ect that the Rules in the Schedule of the Act would apply only if the bill of lading itself makes the Rules expressly applicable. In view of this, the Act requires to be suitably amended.

(2139) 1924 Government of India (Leave 09' Absence) Act {14'& 15 Geo. 5, c. 28).

This has been already repealed by the Government of India Act, 1935, 28 Geo. 5, c. 2. '

-(290) 1924 Expiring Laws Continuance Act [15 Geo. 5, c. 1).

1925 Expiring Laws Act (15 3: is Geo. 5. c. '76).

1939 Expiring Laws Continuance Act (3 8: 4 Geo. ti, o. 1].

1940 Expiring Laws Cmttinuance Act (4 8; 5 G90. 6, c. 2). 1941 Expiring Laws Continuance Act (5 8: 6 Geo. 6, c. 3). 1943 E:L-piring Laws Continuance Act (T 8: 8 Geo. 6, c. 1). 19-14 E;z-piring Laws Continuance Act (8 8: 9 Geo. S, c. 2). 1946 Expiring Laws Continuance Act (10 8: 11 Geo. 6, c. 1).

These statutes continued the Aliens Restriction {Amendment} Act, 1919, in its application to India, until 1926.

They have long served their 'purpose and have been repealed by the Statute Law Revision Act, 1 Geo. 6, c. 6. .

{291} 1925 'Trade Facilities Act (15 Geo. 5, c. 13). (See 1920 Overseas Trade (Credits and Insurance) Act, ante).

(9.92) 1925 Amy and Air Force {Annual} Act 15 Geo. 5. c. 25). (See 1899 Army (Annual) Act, ante).

.. . .u...a..»-.---;au...= 3'3 (293) 1925 Merchant Shipping (Equivalent Provisions] Act (15 av. 16 Geo. 5. c. 37).

This is a statute supplemental in nature to the Merchant Shipping Act, 1894. [See that Act. ante).

(294) 192.5 Expiring Laws Act, (15 3.: 16 G20. 5, c. 76). (See 1924 Expiring Laws Act, ante).

(295) 1925 Governrrlent of India (CiviISe*r1:£ces) Act (15 8: 16 Geo. 5, c. 33).

This has been already repealed by the Government of India Act,

35. (296) 1925 Workmen's Compensation Act (15 8: 16 Geo. 5, c. 34).

1927 Worlcmenfs Compensation I Transfer of Funds} Act (17 8: 18 Geo. 5, c. 15).

1936 Wm-Icmenfs Compensation (Silicosis & Asbestosis)- Act (20 8: 21 Geo. 5, c. 29).

1931 WorIcmen's Compensation Act (21 8: 22 Geo. 5. c. 13}.

1940 Workmen's Compensation (Supplementary Allowance} Act (3 8: 4 Geo. 6, c. 47).

1943 Woritmen's Compensation Act (6 & 7 Geo. 6, c. 6).

1943 Workme-n's Covrnpensation (Temporary Increases). Act (6 as '1' Geo. 6, c. 49).

1945 Woricmen's Cmnpensatton (Pneumoconios-is) Act (9 8: 10:

Geo. 6, c. 16).

In the U.K., these statutes have been replaced by the National Insurance (Industrial Injuries) Act, 1946 So far as India is concerned, the law on the subject is contained in the Workmen's Compensation Act (VIII of 1923) and the Em- ployees' State Insurance Act {XXCXIV of 1948). If any improvement is needed. we may make necessary amendments in these two Acts. The English statutes are not necessary for our purposes. (29?) 1926 Trade Facilities Act (16 8: 17 Geo. 5, c. 3). (See 1920 Overseas Trade (Credits and Insurance) Act, ante). (298) 1925 Imperial War Graves Endmmnent Fund Act [16 8.: 17 Geo.

5, c. 14. 9 This statute provides for the constitution of an Imperial War Graves Endowment Fund. It appears from the Preamble that the Government of India agreed to contribute to that Fund.

If we are to continue to be bound by that obligation, we may very well enact a law of our own giving proper legislative sanction to -the entire arrangement.

(299) 1926 Secretaries of State Act {16 3: 17 Geo. 5, c. 18).

This statute provided for the transfer of the powers of the Secretary of State for Scotland to one of the principal Secretaries of State for the U.K. We are not interested in this.

(300) 1926-Chartered Assor.-iations (Protection of Names and. Um'.- fo-rms) Act (16 & 1'? Geo. 5, c. 25).

'{4} This statute provides for the protection of the names, etc. of associations incorporated by royal Charter.

It is for consideration of the appropriate whether special treatment should be continued to be a ' to associations incor- porated in England.

(301) 1926 Indian of: Colonial Divorce Jurisdiction Act (16 8: 17 Gen. (2. .

1940 Indian & Colonial Divorce Jurisdiction Act (3 & 4 'Geo. 6, c. 35).

This statute (as amended in 1940) gives jurisdiction to the High Courts in India to try matrimonial cases where arties thereto are British subjects domiciled in England or Scotlan . Apparently, this jurisdiction is still beneﬁcial to those British subjects who are coming to India for business and the like. But it is striking that this jurisdiction of our High Courts is to he govem- ed by rules made by the Secretray of State, with the concurrence of the Lord Chancellor [s. 1(4)].

If this jurisdiction is to be maintained, it should be settled with the UK. that the jurisdiction should be govern-

the Government of _ ed solely by our laws, and then we may adopt the provisions of this statute with necessary modiﬁcations.

(302) 1927 Royal and Parliamentary Titles Act (17 8; 18 Geo. 5, c. 4). {See 1876 Royal Titles Act, ante).

(303) 1927 Workmen's Compensation (Transfer of Funds) Act (17 8: 18 Geo. 5, c. 15).

(See Workmen's Compensation Act, 19%, ante).

(304) 192'? Royal Naval Reserve Act (17 8: 18 Geo. 5, c. 18). (See under 1859 Royal Naval Reserve (Volunteer) Act, ante].

(305) 1927 Cinematograph Films Act (17 8; 18 Geo. 5, c. 29). 1938 Cinematograph Films Act (1 8: 2 Geo. 6, c. 17).

These statutes relate to British ﬁlms and their exhibition in the

-'ELK.

We are not interested in them.

(306) 1927 Indian Church. Act (1? 8: 18 Geo. 5, c. &0).

By this statute, the Church of England in India was separated from the Church of England and certain consequential provisions were made, mainly relating to proprietary rights.

It is for consideration of the Government whether this statute should not be replaced by an Indian law, in so far as that may be ing the provisions of the Constitution.

possible without offend

-(387) 192'? Colonial Probates {Protected States and Mandated Terri-

tories) Act (17 8: 18 Geo. 5, c. £3}.

We have no concern with the British Protected States or Man-

dated Territories.

(388) 1929 Appellate Jurisdiction Act (19 8: 20 Geo. 5, c. 3]. {See 138? Appellate Jurisdiction Act, ante]. (309) 1929 Cmnpan-ies Act (19 8:. 20 Geo. 5, c. 23].

This Act is a consolidating enac'bmu.-:-nt relating to companies in the U6.K., igéiich has already been repealed in the U.K. by 11 and 12 Geo. , c. .

We also do not require it.

(310) 1930 WcrrR:men's Compensation {Silicosis 3: Asbestosis) Act (30 8: 21 Geo. 5, c. 29).

[See 1925 Workmen's Compensation Act ante) (311) 1931 Wo'rlcm:en's Compensation Act (21 8: 22 G20. 5, c. 18) {See Worlcmenfs Compensation Act ante) (312) 1932 Merchant Shipping {Safety :5: Load Line Conventiorwl Act (22 8.: 23 Geo. 5, c. 9].

This statute was enacted to give effect to the International Con- vention for the Safety of Life at Sea.

It is not known whether in the proposed Bill relating to Merchant Shipping, which is now under preparation, the provisions of all the British statutes relating to the subject are going to be incorporated.

If not, a separate Act may be made, incorporating relevant pro- visions, for implementing the Convention in India. Some of the sections of the British statute are either not necessary for our pur- poses or they require adaptation, e.g. as. ''.r', 35, 36.

(313) 1932 Ea.-tradition Act (22 8: 23 Geo. 5, c-. 39).

(See Worlcmen's Compensation Act ante).

(314) 1932 Ottawa Agreements Act (22 8: 23 G90. 5, c. 53).

This statute implements the agreements made at the Imperial Economic Conference held at Ottawa and provides for giving pre- ferences in the matter of customs duties etc. for 'Empire products' which term includes products of India. (S. 13 (1), read with S. 3 (2) of the Finance Act, 1919, 9 8: 10 Geo. 5, c. 32).

Imperial preference is a reciprocal arrangement and if India desires to continue this preference for 'Empire products' on a reci- procal basis, it is possible to enact a law of our own giving reference to the British statute.

(315) 1934 Air Force Reserve {Pilots and Observers) Act (24 & 25 Geo. 5. c. 5}.

This is a statute relating to the English Air Force, and it is not required by us. .

(316) 1935 Superannuation Act (25 as 28 Geo. 5, c. 23).

(See 1834 Superannuation Act, ante).

(31?) 1935 Finance Act (25 8: 25 Geo. 5, c. 24).

This imposed a customs dutxcfor importation of rice into the U.K. There is no need for this so far as we are concerned.

?5 (313) 1935 Gauemmem of "India: (Reprinting) Act (25 Geo. 5 85 1 Edw. 3, c. 1).

This Act provided for reprinting of the Government of India Act, 1935, after separating the provisions relating to Burma from it.

This being a statute 'supplementing' the Government of India Act, 1935, has been repealed, by Art. 395 of the Constitution.

(3319) 1935 Go1:ernm.en.t of India. Act, 1935 (26 Geo. 5 8.: 1 E1119. 8, c. 2).

(See 1833 Government of India Act, ante}.

(320) 1935 Government of Burma Act (26 Geo. 5 8: 1 Edw. B, c. 3) Obviously, we have nothing to do with it.

(321) 1936 Merchant Shipping (Carriage of Munitio-rr.s to Spain] Act (1 Echo. 8 8.: 1 Geo. B. c. 11.

This statute prohibited the transhipment, from the UK. to Spain, of munitions and other articles of war..The U.K. herself has repeal- ed it by 14 Geo. B, c. 6. We do not require it.

(322) 1936 His Majesty's Declaration of Ahdication. Act (1 Echo. B 8:

1 Geo 6, c. 3). 1 We do not require it.

(323) 193'? India dz Burma (Existing Laws) Act (1 Geo. E, c. 9).

1940 India & Burma (Miscellaneous Amendments) Act (3 8: *1 Geo. 6, -c. 5]. ' These Acts were passed as a sequal to the separation of the Gov- ernment of Burma Act from the Government of India Act and they may be regarded as 'supplemental' to the Government of India Act, 1935, within the meaning of Art. 395 of the Constitution. ' In any case, we have no need for them now. (324) 1937 East India. Loans Act (1 Edw. 3 8: 1 Geo. 6, c. 14).

This statute authorised the Secretary of State for India to borrow in sterling on behalf of the_Governor-General in Council during the period while Part XIII of the Government of India Act relating to the Transitional Provisions applied.

There is no need to keep this Act on our statute--book now. (325) 1937 Geneva Convention Act (1 Echo. 3 at 1 G20. s,'c. 15).

This Act was enacted to give effect to Art. 23 of the International Convention at Geneva for the amelioration of the condition of the wounded in armies in the ﬁeld.

S. 1 is relevant for our purposes. If this is soughtto be retain- ed, we may enact a law of our own with necessary adaptations; (325) 1937 Regency Act (1 Echo. 3 3.: 1 Geo. s, c. 16). ' 1943 Regency Act (6 8: 7 Geo. 6, c. 42}.

These statutes refer tolthe junctions of the British sovereign with which we are no longer concerned.

(327) 1937 Reserve. Forces Act (1 Edam. 8 8.: 1 Geo. E, c. 1?}. (See under 1382 Reserve Forces Act, ante).

(328) 193'? Empire Settlement Act (1 Edw. 8 8.: 1 Geo. 6, c-. 18}. It amends the Empire Settlement Act, 1922. (See that principal Act, ante).

(329) 1937 Merchant Shipping (Spanish Frontiers Observation) Act (1 Edw. 3 8; 1 Geo. 6, c. 19).

This statute provided that any British ship which is bound for Spanish territory must proceed to some observing ofﬁcers at the prescribed place.

It has been repealed in the UK. by the Statute Law Revision Act, 1950, 14 Geo. 6, c. 6.

In all probability, it is also not required for our purposes.

(330) 1937 Merchant Shipping Act (1 Echo. 8 8: 1 Geo. 6, c. 23}.

It is supplemental to the Merchant Shipping (Safety and Load Line Conventions) Act, 1932. {See that principal Act, ante).

(331) 1937 Merchant Shipping (Super-annuatio-n Contributions] Act {1 Geo. 6, c. 4).

(See 1894 Merchant Shippingnagt, acne). (332) 1938 Cinernatograph Films, Act {-1 8: 2 Geo. 6, c. 17). (See 1927- Cinematograph Films Act. ante).

(333) 1938 Trade Marks Act (1 8: 2 Geo. 6, c. 22).

The Indian law as to trade marks is contained in our Trade Marks Act (V of 194(1).

Already we have in our Act some of British interests. Thus section 69 0 'hits the use of any trade mark resembling the Royal Arms. r-, s. 83 provides for the protection of trade marltsregistered in other countries, on a recipro- cal basis. There is no obvious reason why, over and above these provisions, the British statute should be needed now.

(334) 1939 ligigevention of Fraud (Investments) Act (2 8: 3 Geo. 6, c. .

The relevant provision of this Act merely provides that a certain section of the English Companies Act shall cease to have effect from an appointed day.

It is not required for our purposes.

(335) 1939 Army dz Air Force (Annual) Act (2 8:: 3 Geo. 6, c. 17).

(See 1899 Army (Annual) Act, game}.

(336) 1939 Reserve dc Auxiliary Forces Act (2 8: 3 Geo. B. c. 24].

This statute relates to the employment of the British Armed Forces for the defence of the U.K. It has been repealed in the UK.

rovisions for the protection by the Statute Law Revision Act; 14 Geo. 6, c. 6 and we, too, do not require it.

(33?) 1939 Marriage (ScotIand)= Act [2 & 3 Geo. E, c. 34).

This statute relates to marriage in Scotland which is of no con- cern to us.

(338) 1939 Finance Act (2 3: 3 Geo. 6, c. 41).

The relevant provision of this Act gives eﬁect to the Trade Agreement entered into between the U. K. and India on the 20th March, 1939.

It IS proper that we should enact a law of our own giving eﬁect to this agreement in our country so that we may dispense with the English statute.

(339) 1939 Emergency Powers_(Defence) Act (2 cf: 3 G60. 6, c. 62}. I940 E-J'I1('f;.?-L'FIJ£'_'l' P0wc'r.s' [Dc.'jfe'nce) Act {3 & 4 Geo. 6, C. 20). 1940 Emergency Powers (Defence) No. 2 Act (3 8.: 4 Geo. 6, c. 45).

The principal Act was passed by Parliament to meet the emer- gency caused by the outbreak of the Second World War. The Act has served its purpose and has expired even in England'. The Act of 1940 is an amending Act.

The}; are not required for our purposes. (340) 1939 Prize Act (2 ES: 3 G90. 6, c. 65). This statute applied the naval prize laws to aircraft.

We have not yet enacted any Iaw relating to this subject. As pointed out under 1864 Naval Prize Act, ante. we should now make a comprehensive prize law of our own.

-{341) 1939 Government of India {Amendment} Act [2 3 Gen. 6. c. 66).

This has been already repealed by Art. 395 of-the Constitution, along with the Government of India Act, 1935.

r(342}1939 Armed Forces {Conditions of .S'erv1'ce} Act (2 & 3 (Tea. 6, c. 68).

This is another Emergency law, enacted by the British Parlia- ment on the eve of the Second World War. We do not require it.

(343) 1939 Shigis :3: Aircraft (Transfer Rest'n'ction] Act (2 8: 3 Geo. 6', c. 7 .

This statute relates to British ships and air-crafts and is of no concern to us.

(344) 1939 Trading with the Enemy (2 8: 3 Geo. 6, c. 39).

This statute penalises trading with the 'enemy' at war with His Majesty.

In India. we had similar provisions incorporated into the Defence of India Rules framed under the Defence of India Act, 1939. Now, notwithstanding the repeal of the D. I. Act, the relevant rules of the _1. 'r-Ialshurifs Laws of Engiand. 3rd., Ed. V03. 7, p. 38o_.f'.rl. (5).

'79 DJ. Rules have continued to remain in operation by virtue of_ the Trading with the Enemy [Continuance of Emergency Provisions, Act (XVI of 194?). The English statute is, therefore, not necessary for our purposes.

(345) 1939 Patents, Designs, Copyright 4': Trade Marks {Emergency} Act {2 8: 3 Geo. 6, c. 107}.

This statute provided, int-er olia, for the continuance of existing licences under patents, designs and copyright of enemies and enemy subjects, notwithstanding the provisions of the Trading with the Enemy Act, 1939. The need for any such provision in India, at pre- sent, is not clear. _ (346) 1939 Expi-ring.Laws Continuance Act (3 3: 4 Geo. 6, c. 1).

1940 E.1'pir'i.ng Laws Continuance Act (4 8.: 5 Geo. 6, c. 2).

1941 Expiring Lows Continuance Act (5 & 6 G60. 6, c. 3).

1943 Expiring Laws Ctmtinnance Act ('1' & B Geo. 6, c. 1).

1944 Expiring Laws Continuance Act (8 dz 9 Geo. 6, c. 2).

1946 E:cpiri-n_q Lows Co-ntinnonce Act (10 & 11 Geo. 6, c. 1).

These Acts provided for the continuance of the Aliens Restriction Act, 1919 (see ante}, forcertain periods. They have been repealed by the Statute Law Revision Act, 14 Geo. 6, c. 6. r We do not require them.

£341} 1940 India :3: Burma (Misc'e1loneous Amendments] Act (3 & 4 Geo. 8, c-. 5). . . -

(See 193? India 8: Burma (Existing Laws] Act, ante). (3-18} 1940 Army & Air Force Annual Act (3 & 4 Geo. '5, c. 18). (See 1939 Army 8.: Air Force Annual Act, ante).

(349) 1940 Emergency "Powers (Defence) Act (3 & =1 Geo. 6, c. 20). (See 1939 Emergency Powers (Defence) Act, ante).

(350) 1940 Treachery ac: (3 &.4 Geo. 6, c. 21).

This was a temporary measure, which was enacted at the out- break of the Second World War, to supplement the law" of treachery contained in the Treason Act, 1351. It applied only to acts done until February, 1946.

Treachery, according to this Act, is the doing of any act with intent to help enemy operations or to impede operations of His Majesty' s Forces. ' The first part of the above provision seems to be covered by the offence of abetment included in s. 121 of the I.P.C. , But if any such provision is needed, there is no reason why we should not incorporate it into our own law.

(351; 1940 Evidence cg Powers of Attorney Act. (3 8.'. 4 Geo. 5. c, 231 1943 Evidence :1': Powers of Attorney Act (6 8: 7 Geo. o', c. 18).

This was another war--time measure (amended in 1943) which exgiired with the expiry of the Emergency Powers (Defence) Act. 19 9.

It empowered military ofﬁcers to take affidavits on administering oaths during the period of the emergency.

We do not require it now.

(3521 19:0 Inglgti; & Burma {Emergency Provisiﬂns) Act [3 8: *1 Geo. . c. .

This is an enactment which supplemented the Government of India Act, 1935, during the Second World War Ernergency. It may be deemed to have been already repealed by Art. 395 of the Consti- tution.

(353) 1940 Indian & Colonial Divorce Jurisdiction Act (3 8: 4 Geo. (i, c. .35). ' (See 1926 Indian 8: Colonial Divorce Jurisdiction Act, ante}. (354) 1940 Merchimt Shipping (Salvage) Act {3 6: 4 Geo. 6. c. 43).

This Act replaces the Merchant Shipping (Salvage) Act of 1916. (See under 1894 Merchant Shipping Act. ante).

(355) 1940 ﬂiirwrgency Powers [Defence] N0. 2 Act (3 5: 4 Geo. 6, c. .

(See principal Act of 1939, ante).

(356) 1940 W0rI:me'n.'s Cornpenmtion (Stapplementai-y Allowances} Act (3 8: 4- Geo. 6, o. 4-7).

(See 1925 Workmen's Compensation Act, ante]. (357) 1940 Prolongation of Parliament Act (3 8: 4 Gen. 6. c. 53).

1941 Prolongation. of Parliament Act (4 8: 5 Geo. B, c. £81. 1942 Prolongation of Parliament Act (5 8: 5 Geo. 6, c. 3'7}. 1943 Pi-otovngotion of Parliament Act (5 8: 7 G20. 6. c. 4-6}. 194% Protimgaiiion of Parliament .£t(.1'r (7 & 8 G80. 6, c. 45}.

These temporary Acts relating to the British Parliament have expired, and we have no need for than.

(358) 1940 Escpii-i.-ng Lows Covitinwance Act (4 8: 5 Geo. 6, c. 2}. (See 1939 Expiring Laws C<mtinua.nce Act, ante). 9 ' (359) 1940 N I &- Mari Forces {T Lease fnam. Sea-vi.:e1;aAct (4 8: 5 3:0. 6, c. 4). re This is a wartime measure relating to the British Navy. It is not required for our (360) Army & Air Force (Ammo!) that (1 8: 5 Geo. 6. c. 17]. (See under 1899 Army {Annual} Act, ante).

(361) 19-11 Naval Dtscipn-n.e {Amendment} Act (4 & 5 Geo. E, c. 29}. {Sec 1366 Naval Discipline Act, ante].

(362) 1941 India. «:5: Bm°ma (Postponement of Elections) Act (4 .5: 5 Geo. 6, c. 44).

This is a statute which amended a provision of the Government of India Act, 1935 for the duration of the Second World War. It has long since expired.

I363} 1941 Prolo-rzgation of Parliament Act {4 8: 5 Gen. E, c. 48}. {See 1940 Prolongaticn of Parliament Act, ante).

(364) 1941 EJ:'p-ﬁring Laws Continnanamé-iﬁut £5 8: J6 Geo. E, c. 3}. {See 1939 Act, ante).

(365) 1942 India (Federal Court Judges] Act (5 8.: 6 Gen. 5, c. -13).

This Act amended the Government of India Act, 1935 for cer-

tain purposes. It must be deemed to have been repealed by Art. 395 of the Constitution.

(366) 1942 Army :3: Air Force (Annual) Act (5 8.: 6 Geo. B. c. 15). {See 1939 Army -3: Air Force {Annual} Act, ante). (36?) 1942 Royal Naval Volunteer Reserve Act (5 8: 6 Gen. 6, c. 13}.

(See under Royal Naval Reserve (Volunteer) Act. ante).

i363) 1942 United States of Amsrica. (Visiting F orces) Act (5 8: E Geo. 6, c. 31}.

This Act gave eﬁect to an agreement entered into between the Governments of the UK. and the U.S.A. by deﬁning the jurisdiction of the Courts in the UK. over the Armed Forces of the U.S.A. which visited the UK. during the last War.

We are not concerned with this. _ (369) 1942 Prola-n.gation'of Parliament Act [5 '8: 6 Geo. I3. c-. 3'1'). {See 1940 Prolongation of ?ar1iamcnt Act, ante).

{3'?l]) 1942 111%-ix; and Burma (Tempomry Provisimzs) Act (5 & 5 G90. 6, c. 9 . ' 7 This Act amended the. Government of India Act, 1935 for Certain purposes and may be deemed to have been repealed by Art. 395 of the Constitution.

{3'."'1) 1943 Wo9'Fcmen"s Compensation Act (5 8: T G20. 6. c. 6). (See 1925 Workmen's Compensation Act, ante).

(372) 1943 Bfitijth Nationality & Status of Aliens Act [6 8: T Geo. 6, c. 14: .

[See under the Act of 1914, ante).

(373) 1943 Army & Air Force {Annual} Act (6 8.: T G20. 6, 0. 15).

(See under 1399 Army (Annual) Act, ante.) ' (374) 1943 Evidence & Powers of Attorney Act (6 3!: 7 Geo. "rs, c. 18].

This amended the Act of 1940 relatnig to the same matters. (See-

ante}.

(375) 1943 Finance Act (6 & 7 Geo, 6, c. 28).

This amended the Ottawa Agreements Act. 1932, -for certain purposes. (See that Act, ante).

(3'?6) 1943 Foreign Service Act (6 & '7 Geo. 6, c. 35).

This Act made certain provisions relating to the British Foreign Service. We are not interested in it. I (377) 1943 Regency Act (6 8.: 7 Geo. E, c. 42). (See 193? Regency Act, ante}.

(3'i'8) 19&3 P:-elongation of Pwrliame-at Act (6 8: 7 G20. 6, c. 45). (See 1940 Prolongation of Parliament Act. ante).

(379) 192 gonmematwn (Temporary Increases) Act' (6 (See 1925 Workmen's Compensation Act, ante). (330) 1943 Escpiring Laws Continuanc'e Act (7 3: 3 Geo. 5," c. 1).

(See 1939 Expiring Laws Continuance Act, ante). ' (331) 1944 Prize Salvage Act (7 3: a Geo. 6, c. 7).

This is supplemental to the Naval Prize Act, 1364, and the com.-- _ ments made under that Act will apply.

(382) 1944 Naval Forces (Extension of Service) Act (7 8: 3 Geo. 6, c. 13).

This is a wartime measure relating to the British Naval Forces, with which we are not concerned.

(333) 1944 India. {Attachment of States) Act (7 & s Geo. 6, c. 14).

This has long served its purpose and has been repealed by the Statute Law Revision Act, 14 Geo. 6, c. 6.

(334) 194-4 Army & Air Force (Annnal) Act (7 8: 8 Geo. 6, c. 18). (See 1899 Army (Annual) Act, mite).

(335) 1944 Finance Act (7 8: 3 Geo. 5, c. 23].

The relevant portion amended a provision of the Merchant Ship- ping Act, 1894, relating to certain duties.

(See under principal Act, ante). _ (386) 1944 India (Miscellaneous Provisions] Act (7 8: 3 Geo. 6, c. 33).

This amended the Government of India Act, 1935, in certain respects, and must be deemed to have beenrepealed by Art. 395 of the Constitution.

(38?) 1944 élgatﬁmonial Causes (War Marriages) Act ('7 8.: 8 G20. 6. c. .

This statute conferred jurisdiction upon the Courts in the U.-K';

over matrimonial causes in respect of marriages contracted during the War period. We are not concerned withthe subject--matter ofthis statut-e._ ' _ (388) 1944 Prolongation of Parliament Act ('1' 8: 8 G20. 6, c. 45). (See 1940 Act, ante}. -- ~ (389) 1944 Expiring Laws Continuance Act (8 8.: 9 G20. 6, c. 2). (See 1939 Expiring Laws Continuance Act, ante). (390) 1945 India (Estate Duty) Act (3 3: 9.Geo.' 6, c. 7).

This Act amended the Government of India Act, 1935, in respect of the legislative power regarding_ estate duty.

It may be deemed to have been repejale-d_b3r Art. 395 of the Cork';

stitution.

(3911 1945 Army & Air Force (Annual) Act (8 8:. 9 G60. 6. c. 22). (See 1899 Army (Annual) Act, tints); ' (392) 194.5 Indian Franchise Act (9 Geo. 6, c. 22}.

This amended the Government of India Act, 1935, for certain purposes. It must be deemed to have been repealed by Art. 395 of the Constitution.

(393) 1945 Indian Divorce Act (9 Geo. 6, c. 5}.

This Act is supplemental to the Indian and Colonial Divorce Jurisdiction Act, 1940 which amended the Indian 3: Colonial Divorce Jurisdiction Act, 1926. (See that Act, ante).

(394) 1945 Worlcm.en's Cornpensation (Pneumocmtiosis) Act (9'&'_1o Geo. 6, c. 16).

{See 19.5 Workime-n's Compensation Act, ante).

(395) 1945 Bretton Woods Agreements Act (9 8: 10 Geo. 6, c. 19}.

II India was a party to or is otherwise bound by the Bretton Woods Agreement, we may have a legislation of our own to imple- ment the agreement.

(396) 19-16 £1}-:li.a (Procl.t1m.atio-ns of Emergency) Act [9 8: 10 Geo. 6 c. .

This Act amended the Government of India Act, 1935, in certain respects. It 'must be deemed to have been repealed by Art. 395 of the Constitution.

(39?) 1946 Straits Settlements (Repeal) Act (9 8.: 10 Geo. 6, c. 3?}.

We are not interested in this statute relating to the Straits Settlements.

(398) 1946 India (Central Government ii': Legislature) Act (9 8: 10 Geo. 6, c. 39}.

This Act also amended the Government of India Act, 1935 for certain purposes and must be deemed to have been repealed by Art. 395 of the Constitution.

(399) 1946 Patents 6: Designs Act (9 8: 19 Geo. 6, c. -14].

This statute amended the Patents '8-'. Designs Acts", 190'? to 1942 and the Patents, Designs, Copyright 8: Trade Marie; _ (Emergency) Act, 1939, in respect of matters arising out of hostilities during the Second World War.

We are not concerned with these statutes notw-

(ILOD) 1946 United. Nations Act {9 8: 10 Gen. 6, c. 45].

This statute enabled the Government of the UK. to give effect to the directions of the Security Council of the UN. in matters not involving war. ' Exactly similar provision -is contained in our United. Nations {Security Council} Act (XLHI of 1947). Hence, we do not require the English statute for our purposes.

(401) 1946 Arrnry :3: Air Force (Annual) Act (9 3.: 10 Gen. 6, c. 47].

(See 1899 Army (Annual) Act, ante).

{$02) 19% Superannuation Act (9 8: 10 Geo. 6, c. 89).

(Sec 1834 Superannuation Act, ante).

(403) 1946 National Insurance (Industrial Injuries) Act (9 8: 10 Geo:

6, c. 62].

This statute replaced the entire series of Workmen-'5 Compen- sation Acts in England (see under 1925 Workm'e11's Compensation Act. ante].

We are not interested in the English iaw. The corresponding Law in India, is contained in the Employees State Insurance Act [ZSCKXIV of 1943}.

{-104) 1946 Expiring Laws Continuance Act (10 8: 11 G20. 6, c. 1). [See 1939 Expiring Laws Continuance Act, ante). {£05} 1947 Indian Independence Act (10 8: 11 Geo. 6, c. 30). It has been repealed by Art. 395 of the Constitution. APPENDIX III Ltsr or- SUBJECTS coiinnnn BY Bnrrrsa S1'.q'rU'nz.s 'WITH nzspncw TO WHICH L1-,etst..a:rt::-:4 IN mmp. APPEARS TO BE PRIHA 1r.n.c.n.=. nncmsanv. {1} Procedure relating to habcas corpus [See 1679 Habcas Corpus Act.

I862 Habcas Corpus Av:t..] . . « (2) Fm,-ape of Prisoners of War on the High Seas.

[Soc the Prisoncrs ai'Wa.r (E.-scapc) Act, 18:52.] . . 1:3) Christian institutionsin India. [See lalﬂ Ordination for Colonies Act. 5352 Colonial Bi5hup's Act.

1853 Colonial Bishop's Act.

1874 Colonial Clergy Act.

1927 Indian Church Act.] - - . . . .

(4) Regulation rclating to Lascai-s.

[Sec 1323 Lascars ."LCt, Gco., .1, -c. 80.] . .

(5) Oifencea cutmnittcid on the High Seas. [Sec I823 Criminal Law [_Im:lia) Act.

1849 hclnmiralty Offences (Colonial Act}. tﬂﬁo Admiralty Jurisdiction {India} Act. 1374 Courts [Co1onia,1]urisdiction} Act. 135:. Piracy Act.] - - .

(6) Commissions for examination of witnesses in Commonwealth and foreign countries.

[See 1831 Evidence on Commission Act.

1840 Dcbttn-5 {Ireland} Act.

I859 Evidence by Cnmmission Act.

1385 Evidence by Commission Act].

{7} Apprehension oi' ticscrters from foreign Ngvjg-5_ _ [Sec 1845' Nan-a1 Descrters Act; I849 1'o1'tugue-54: ])c5c1'r_t-rs Act; 1875 Statute Law Revision .-"u:t.] . . . .

£3] Admissibility of foreign Birth and Maniage R_|:gi51_ers_ [Soc £854 Registration ol'Births,I)i:athsand I\IIa.rringcs{Scotla11d)Act.] {9} Exainination ofwimcsscs for puxpnics offureign tribunals. [See £856 Foreign Tribunals Ev.-id-encc Act.] '. (10) .-"uccrl.ai.nmcnT. of foreign law. [See 1359 British Law Asccrtainmtint Act.] {I 1) Ivialiciaus damage to vessel.

[Scc :86: Malicious Damage Ann] .

Paul:

34- 33

35. 4+4-i 37 38: {'21 "I3 11:0----4 I 42 4-5 15 46 35 Im) Acquisition of domicile in foreign Status and Vic: versa-

[Scc I36: Domicile Act] . . . . . . - - +7 (:3) Admiraltyjurisdiction.

[Sec I3-30 Admiralty Jurisdiction (India) Act. I390 Colonial Gnarls ofﬁdmiralqr Act] - - . - - _ 41. 55 [I4] Prizt: Ivfonty.

[Sec 1832 Army Prize Money' Act.

H364 Naval P1-Ezc Act.

I366 Indian Prize Money Act.

1853 Indian Prize his-nay Act.

1894 Prize Courts Act.

1914 Prize Courts (Procedure) Act.

1915 Prize Courts Act.

I916 Naval Prize {Procedure} Act.

1939 Prizc Act.

1944 Prize Salvage Act] . . . - o - 41.1, 4.1, {J}, 53, B2 (:5) India 01360 Site. ' [Sec 1864 India OBS.-cc Site Act. _ I 2855 India Ofﬁcc Site Ax.-t.] . . . . . . . 4-'F ' (16) Forging farcigu documents.

[Sec 1858 Documentary Evidence Act.

1882 Documcntary Evidence Act.

I895 Documcntary Evidccucc Act.] . . . - . - . -1-9,-50 (17) Extradition.

[Sec [370 Extradition Act.

1573 Extradition Act.

I395 Extradition Act.

190-5 Extradition Act.

1932 Extradition Act. . . . . . . . . .49» (18) Foreign Enlisuncnt.

{SEC 1370 Foreign Enl.i5t:uL'nt Act] - . . - - - 50 {I9} Offcnocs Committed by foreigners within Tcrritorial l."L'atcrs. [Sec 1573 TCrrita1'ia1'Watt;-rs jurisdiction Act] . . . . 52 (20) Fugitive Offenders.

[Sec 1831 Fugitive Offenders Act] . . , . . . 53 (2!) I-'Lemo\.'a1ofprisoncrs and lunatiuz. [SOB :88-1. CrJlnnia1Prisoncrs Rcmoval Ann] . . . . . . 54 {-22} Implrrrucntatian ofintcrnational Conventions relating Io submarine telegraph cables and mail ships. ' [Ste 1335 Submarine Telegraph Act.

1391 Mini! Ships: Act. _ 190-2 Mail Ships Act.] . . . . . . . . 55-57 (23) Recognition of Probntes granted by Commonwealth countries. [See 1392 Colonial Probatcs :"Uct.] . . . . . . . 57 87 (24) Mm-chant Shipping.

[See 1894 Merchant Shipping Act.

[E|g7 Pt-Icrclaant Shipping Act.

iaga Mcrchanl Shipping (Liability of ShiPo'~+l1l'1'5} Act- zﬁgﬂ '-_V,[n-chan1. Shipping Ukviercantilc Marine Fund] Act. Igor, Mﬁrfhant Shipping (Liability ofshipowntrs and Others) Act- 1905 Shipcowncrs' Ncgligrtnct (R.I='medics] Act. 1906 Mm-chant Shipping Act.

I907 Merchant Shipping Act.

191 I Merchant Shipping (Scamr:n's Allotment) Act- 19] I Mr-.1-chant Shipping Act.

1911 Maritime Conventions Act.

19:4. Merchant Shipping {Ccrtiﬁcatcs} Act. [915 Mcrchant Shipping (Salvage) Act. rgng Mcrchant Shipping (Wirclss Tclegraphs-') Act- 1921 Merchant Shipping Act.

1923 Mrrchant Shipping {A:ncndn1cnl) Act. 1925 It-Ie;-chant Shipping {Equivalent Provisions) Act. 1932 McTC}1aﬂt Shipping (Safety and Loadlinc Convrnliona} Act. 1937 Mcmhant Shipping Act.

1937 Nferchant Shipping (Superannuation Contributions; Act.

19.1.0 Mm-alum Shipping [Salvage] Ac-.t..] . . . . - 59 (25) Regulation of Forcign Nfart-iagt=i. [Sec [905 Tiiarriagr with Fortigncrs At:l.] . . . . . 62--83 {25} B-Ionc' 5' Order and other postal arrangrments l;Il_'t\'Ft'-i"1'! India and Th8 U-FL [S-rtc 1901'-L Push Oﬁicr Act.

1913 Post Ofﬁcr Act.] 53-54; 55 (27) Impl-Imcntation of Geneva Convention relating' to am': ufrt-d cross ﬁrnbltém, amelioration of thacondition of the wounded ctc. [Ste 19! 1 'G'Cl'|i"L"H. Cnnvcntion Act. 1937 Geneva Convention Act.] . . . . 55, T6 (23) Restricting inunigration ofaliens in times oft-.mrrg4:m:~,-'. {Sec 1914 Aliens Restriction AcL.] . . _ 66} I29) Matrimonial Causes 0F British Subjects while in India [Sec I926 Indian and Colonial Divorce Jurisdiction Act. 1940 Indian and Colonial Divorce Jurisdiction Act. I945 Indian Divorce ACL} . . . . 74, 33:

(5:11): Imperial Prrfcrtmcc and likc Lradc agrctrnirzlt-'. [Sm I932 Ottawa AgrcemE::1ts Act. I939 Finance Act.] . . . . . . . . 75, 73:

(*1!) Treachery.

{Sac 1940 Trea.chery Act.) . _ , , , _ _ , 79, (321 Irnplentcntation of lhr Brctlun \1r'unds .-'agrccmcnt regarding ].fM.l-'.

[Her 1945 B-rrllun 'o'ir'uods i"ii_t:i-at-q,-1114».-11l~4 Az':1,] NOTE BY DR. N. C. SEN GUPTA I. My colleagues have decided not to express any opinion at present «on any of the Statutes appearing as appendix III of the Report. They would postpone a consideration of these Statutes if and when the Government proceeds to legislate upon them and seeks for the opinion of the Commission. I do not fully agree with this conclusion. I would 'refer to the Acts relating to the Anglican Church in India beginning from the Ordination for Colonies Act of 1319 down to the Indian Church Act of 1927. The fundamental thing that I want to point out is that these Acts which are existing laws within the Constitution '50 for as they are still applicable to India must be regarded as ultra huires the Constitution. Some of these, however, need not necessarily be repealed, for instance, the Act 5 Geo. III Chap. 60 which provides for ordination of Bishops for Colonies must nemain in full force with respect of England and the Colonies that still remain. In so far as that Act applies to Bishops in India, they have been virtually s;€er- seded by the Indian Church Act of 192?. The three Colonial Bi ops Act which followed in 1852, 1853 and 1874 are of the same character. With regard to the Indian Church Act 'the position is different. It is exclusively applicable to India and as such, it is ultra. hire: the Constitution for the reason that it involves and contemplates =the State doing a number of things relating to the Church of India, which. "under the Constitution, is not open to the State to do, as each commu- nity has the right to regulate its own religious institutions.

My colleagues seem to think that it is not our province to -make any recommendation with regard to these Statutes until we are asked by the Government to give any opinion as to what should he done. But I would draw attention to the terms of reference to the Commis- sion which includes an examination of existing laws with reference to the question how far they are conformable to the Constitution and I think it is our duty to point out that the Indian Church Act is not consistent with the Constitution which does not contemplate inter- ference by the Government with regard to the religious institution of any community, not to speak of providing an established Church in India.

That Act proceeds on the basis that the Church of India shall be "under the control of the King as the Head of the Church and the Archbishop of Canterbury in many matters. Section 3 saves the rights of the officers of Indian Church after the separation from the English Church. Section 4 gives the_Governor-General power to take complete control of all maintained churches or burial grounds. Section 5 gives the Governor-General power to take complete control of all maintained churches or burial grounds. Section 5 gives the 'Governor-General of India power to make rules (i) p_rovid.in.g for 'regulating the licensing, posting, discipline, ministrations, duties and supervision of chaplains. and' {ii} providing for episcopal minis- trations and the making of grants out of the revenues of India in BB B9 respect thereof and similar other provisions, _which are wholly out of place under the Constitution of India' and is only consistent with an established church. Section 6 also gives power to the Governor- General by resolution to appoint Indian Church Trustees and direct vesting of the properties in them and so forth. All these laws will have to be repealed, in order to bring the laws in CDI1fD1'II1lt'_!f' with. the Constitution.

The Indian Church is a large and complicated organisation having extensive pro erti_es and functions, 'which must be left to be regu1at---- ed by the C ristlans of the Anglican Church themselves. Having, regard to the importance of this matter I think it is necessary to take early steps to have appropriate legislation by which the Government of India shall be altogether relieved of all obligations. rights and" duties in respect of the Indian Church.

In what manner the Church will be dealt with will have to be-

considered by the Government in consultation with the authorities of the Anglican Church in India at present. But it should be rememw bored that the only possible way of treating the Anglican Church in 'India is to treat it as an independent Corporation organised under-

the authority of the British Acts but with which the Indian Govern-

ment has no concern except for the purpose of transferring the poo» perties to an appropriate authority of the Church constituted by themselves. I think it necessary to say because the matter is of' sufficient urgency.

II.

EX'I'RA.DITION ACTS with regard to the Extradition Acts the Eu list Statutes of 1870* and 13?ﬁ (33 and Eli Vict. C52; 36 31. 3'? kict. CJ5 } were ap Iicable to India. Since then, Extradition Acts were passed by the In 'an Legis- lature. The last of these Acts, Extradition Act of 1903, however. says in its preamble,---"Whereas it is ient to provide for the- more convenient administration in Brit' India of the Extradition Acts of 1870 and 1873 and of the Filgitive Oﬁenders Act of 1831, it is- hereby enacted as follows,--'' an that the English Extradition Act was assumed to be continued except with regard to the procedure which has been laid down in Extradition Act. The Indian Act only provides for the procedure 1: the principles governing extra- dition are provided, for instance, in section 2, 3, 4 dz 5 of the English Act and they have not been embodied in the Indian Extradition Act- The Indian Act, therefore, is to be read as a supplement to the English Act. The Supreme Court hasdet.-{dad in Menozfs case that the English Extradition Act is no longer applicable to India after 1950. 'I'here4'o-ro, it can now be repealing it, the Extradition Act, as it is, must be- completed by adding certain provisions emhodsrinﬁ the basic prjncf- plw of the grant of extradition. so that the Indian egislation may be complete in itself. "

With regard to the decision of the Supseme Court, it has a wider implication which should he conarlered by the Government of India, as the eﬁect of it might be very serious.

The question as to the existence of Extradition treaty of India with other countries is not free from diﬁculty. The answer to the en-

-quiry by the Commission to the Government of India does not clear up the matter. The continuance of the rights and obligations under the International agreements is governed by the International Agree- ments Order made by the Governor-General under section 9 of the Indian Independence Act. International conventions and membership

-of international organisations are governed by paragraphs 2 and 3

-of the Schedule to that Order. Paragraph 4 lays down a more general

-rule in the following words:--

"Subject to Articles 2 and 3 of this agreement, rights and obliga- tions under all international agreements to which India is a party

-immediately before the appointed day will devolve both upon the Dominion of India and upon the Dominion of Pakistan, and will if necessary, be apportioned between the two Dominions."

This makes it clear that India becomes a party to all conventions and International organisations of which India, before the Partition, was a member, for instance, the United Nations, the Berne Conven- tion on Copyright and various labour and other Conventions under the League of Nations, now United "Nations. But with regard "to treaties, the provision in paragraph 4 of the Schedule to the Order does not make the position clear at all.

So far as Extradition Agreements of the Government of India of the past with the Indian Princes are concerned, they have become- virtualiy abrogated by the inclusion of their territories in India. 'There was a treaty of India with Nepal which probably may be said to be continued. But with regard to other foreign countries, India had the advantage of Extradition treaties by the British Government with those countries. The question whether these treaties continue or not is not at all free from ambiguity. Questions arise whether India is a party to such treaties within the meaning of paragraph 4 where the treaties were concluded not_ with India speciﬁcally but with "Britain on behalf of the entire British Empire. Secondly, if the treaty exists, whether the advantage of it or the obligations under it have passed to India or to Pakistan also remains obscure. I think that in the course of the revision of the Extradition Act the position should "be made clear.

III.

FOREIGN TRIBUNAL EVIDENCE ACT or 1355 The effective rtion of this Act has been reproduced in. the Civil Procedure Code, der 26. The recommendation of our report that it should be included in the Civil Procedure Code, therefore, is superﬂuous.

The position with regard to this Act is similar to the Extradition Act. Order 26 of the Civil Procedure Code in Rule 5 which read with the note to the Form No. 6 in Appendix 8 of the Code indicates, what has been recognised in English Law, that a letter of request by a foreign State to an Indian Court or by India to a foreign court can only be issued where there is a treaty of reciprocity Ibetween-the two countries. It seems to me that steps should be taken in connection with this matter also to examine the treaty position of the Republic of India and, if necessary, to enter into new treaties.

I1. is by no means clear that the Foreign Tribunal Evidence Act of 1856, though purporting to be applicable to India, would by itself make the Indian courts a party to agreements of reciprocity which is a condition precedent to recording evidence at the request of a foreign tribunal or of sending letters of request to a foreign court.

N. C. SENGUPTA.

'GIPN-52--6 M. of Law]58---5-3-'?O--- 1000.

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