act 033 of 1855 : Exportation of Saltpetre Act, 1855 [Repealed]

Exportation of Saltpetre Act, 1855 [Repealed]

ACTNO. 33 OF 1855

12 July, 1855

Repealed by Act 8 of 1868

Passed by the Legislative Council of India.

(Received the assent of the Governor General on the 7^th December 1855.)

An Act to prohibit the exportation, of Saltpetre except in British vessels bound to the Ports of London or Liverpool.

Whereas it is, expedient that, during the continuance of hostilities between the Allied Powers and the Emperor of Russia, the exportation of Saltpetre, from. India, except, in British vessels bound to the Port of London or to the Port of Liverpool, should be prohibited: It is enacted as follows:

Section 1. Export of Saltpetre from India, except in British vessels bound to London or Liverpool, prohibited

Until the Governor General of India in Council, shall otherwise order, it shall not he lawful for any person to export Saltpetre from any part of the Territories in the possession and under the Government of East India Company, except in a British vessel bound either to the Port of London or to the Port of Liverpool.

Section 2. Saltpetre to be confiscated, in case of attempt to export contrary to this Act

If any person shall attempt to export Saltpetre contrary to the provisions of this Act, the same shall he seized and confiscated.

Section 3. Penalty, for exporting & c

Every person who shall export or attempt to export Saltpetre contrary to the provisions of this Act, or who shall aid or assist in such exportation or attempt, shall, upon conviction before a Magistrate or a Justice of the Peace, be subject to a fine not exceeding the rate of 200 Rupees for every ton of Saltpetre so exported or attempted to be exported.

Section 4. Officer of Customs not to grant a pass or permit after the 17^th November 1855, except according to this Act

No Collector or oilier Officer of Customs shall, on or after the 17^th day of November 1855, grant a pass or permit for the exportation or shipment for exportation of Saltpetre from any part of for said Territories, except in a British vessel bound for the Port of London or for the Port of Liverpool; and every Collector and other Officer of Customs is hereby indemnified, for any thing heretofore done or hereafter to be done according to the provisions of this Act.

Section 5. Act not to extend to Saltpetre shipped, or for the shipment of which a pass was granted before the 17^th November 1865

Nothing in this Act shall extend to any Saltpetre shipped prior to the 17^th day of November 1855, nor to any Saltpetre for the exportation or shipment for exportation whereof, otherwise than according to this Act, a permit or pass was granted on or before that day.

Section 6. Seizure of Saltpetre

Any Custom House Officer may without wary rant seize Saltpetre liable to confiscation under this Act.

Section 7. Adjudication of confiscation

If my Saltpetre shall be soized as liable to confiscation, fie Collector of Customs shall investigate the case, and according to his judgment, shall either release the same or adjudge if to confiscation; and whenever lie shall declare the same to be confiscated, he shall report his proceeding for confirmation and final adjudication to the superior Revenue authorities.

Section 8. Fines how to be levied

Any person, whether a European British subject or not, who shall be guilty of any offence for which, according to the provisions of this Act, he shall be liable to be punishable for such offence by any Justice of the Peace, Magistrate, or person lawfully exercising the powers of a Magistrate; and any person hereby made punishable by a Justice of the Peace, shall be punishable upon summary conviction.