Penal Code. No. 16 of 1889. An Ordinance to authorize the punishment of Whipping in certain cases. W HEREAS it is expedient that in certain cases the Supreme Court and the district courts should respectively be authorized to impose on adult offenders the punishment of whipping in cases other than those in which the said courts are already empowered by law to inflict such punishment: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1 This Ordinance shall apply only to male offenders above the age of sixteen years, and may be cited as "The Whipping Ordinance, 1889." 2 Whoever is convicted by the Supreme Court or any district court of any of the following offences may be punished with whipping in addition to any other punishment to which he may for such offence be liable under the Ceylon Penal Code; that is to say: (a) Voluntarily causing hurt by dangerous weapons or means, as defined in section 315 of the said Code; (b) Voluntarily causing grievous hurt by dangerous weapons or means, as defined in section 317 of the said Code; (c) Rape, as defined in section 363 of the said Code; (d) Unnatural offences, as defined in section 365 of the said Code; (e) Theft after preparation for causing death or hurt, as defined in section 371 of the said Code; (f) Extortion by threat, as defined in section 377 of the said Code; (9) Putting a person in fear of accusation in order to commit extortion, as defined in section 378 of the said Code; (h) Robbery, as defined in section 379 of the said Code; (i) Attempting to commit robbery, as defined in section 381 of the said Code; (j) Robbery with attempt to cause death or grievous hurt, as defined in section 383 of the said Code; (k) Attempting to commit robbery when armed with deadly weapon, as defined in section 384 of the said Code; (1) Lurking house-trespass or house-breaking, as defined in sections 429 and 431 of the said Code, in order to the committing of any offence punishable with whipping under this section; (m) Lurking house-trespass by night or house-breaking by night, as defined in sections 430 and 432 of the said Code, in order to the committing of any offence punishable with whipping under this section. 25th November, 1889. Preamble. Short title. Offences punishable with whipping in addition to other punishments prescribed by the Ceylon Penal Code. Penal Code. Preamble. Criminal breach of trust by public servant in respect of money or balance of money. To be read with Code. Joinder of charges. No. 22 of 1889. An Ordinance relating to Criminal Breach of Trust by Public HEREAS it is expedient to make further provision for the servants: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1 Whoever, being entrusted with or having the dominion of any money in his capacity as a public servant, fails forthwith to pay over or produce, when required to do so by the head of his department or by the Colonial Secretary, Auditor-General, Assistant Auditor-General, or any officer specially appointed by the Governor to examine the accounts of his department, any money or balance of any money shown in the books or accounts or statements kept or signed by him to be held by or to be due from him as such public servant, or to duly account therefor, shall be guilty of the offence of criminal breach of trust, and shall on conviction be subject to the penalty provided by section 392 of the Ceylon Penal Code. 2 This Ordinance shall be read as one with the Ceylon Penal Code; and when a person is charged with an offence under this Ordinance he may be charged in the same indictment with any offence punishable under section 392 of the said Code, subject, however, to the provisions of section 208 of the Criminal Procedure Code. 31st December, 1889. Preamble. Commencement. Powers of the Council. No. 4 of 1891. An Ordinance to empower Police Magistrates to inflict WHEREAS it is expedient to make special provision for the punishment of the theft of prædial products in this colony: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1 This Ordinance shall come into operation only in such provinces and revenue districts, and at such time or respective times, as the Governor in Executive Council shall from time to time or at any time appoint by Proclamation in the Government Gazette. 2 It shall be lawful for the Governor in Executive Council, by Proclamation in the Government Gazette (a) To revoke any Proclamation issued under section 1, and upon such revocation this Ordinance shall cease to have any effect in the province or district described in such revoked Proclamation; or (b) To re-issue any Proclamation so revoked as aforesaid or any part thereof. * Section 179, Criminal Procedure Code, 1898. Merchant Shipping. 3 For the purposes of this Ordinance it shall be lawful for the Governor to appoint to any province or district brought within the operation of this Ordinance one or more police magistrates, anything in "The Courts Ordinance, 1889," or "The Criminal Procedure Code, 1883," to the contrary notwithstanding. 4 Every such magistrate shall have and exercise within the province or district to which he is appointed (a) Power to hear, try, determine, and dispose of, subject to the proviso contained in section 89 of "The Courts Ordinance, 1889," all prosecutions triable summarily by a police court for the offence of theft of prædial products under sections 367 and 368 of "The Ceylon Penal Code," which at the date of the coming into operation of this Ordinance may be pending, or which may thereafter be instituted in any police court within such province or district, and in respect of which prosecutions any police magistrate appointed under "The Courts Ordinance, 1889,” may or may not have heard part of the evidence; (b) All the jurisdictions and powers in respect of such prosecutions which a police magistrate appointed under "The Courts Ordinance, 1889," by law has and may exercise within his own division; (c) Power to pass sentence of whipping in addition to or in lieu of such other punishment or punishments as police courts may lawfully inflict on any person above the age of sixteen years who may be convicted of the said offence. Provided that the whipping under any such sentence shall in no case exceed twenty lashes, and shall be carried out in the manner prescribed by sections 55 and 56 of "The Ceylon Penal Code." 21st September, 1891. Appointment of special magistrates. Powers of such magistrates. No. 3 of 1884. An Ordinance to amend the Ordinance No. 7 of 1863, intitulcd "An Ordinance relating to Merchant Shipping." (See under No. 7 of 1863, Volume I., page 438.) Repealed by No. 15 of 1898. Volunteer Corps. Governor's Signature to Grants. No. 7 of 1884. An Ordinance to further amend the Ordinance No. 3 of 1861, intituled "An Ordinance to authorize the formation of Volunteer Corps in this Colony, and to provide for the good order and discipline thereof." (See under No. 3 of 1861, Volume I., page 281.) Preamble. Governor's Penalties for using, forging, or counterfeiting stamp, &c. No. 11 of 1884. An Ordinance to authorize the Governor's Signature to Crown WE (See No. 30 of 1884.) HEREAS it is expedient to authorize the Governor's signature to Crown grants of land in this colony to be attached by means of a stamp: Be it therefore enacted by the Governor of Ceylon, with the advice and consent of the Legislative Council thereof, as follows: 1 It shall be lawful for the Governor in all Crown grants of land hereafter to be made by him in the name and on behalf of her Majesty the Queen, or her successors, to cause his signature thereto to be attached by means of a stamp or fac-simile of his sign manual, and grants so signed shall be of the same effect, force, and validity to all intents and purposes as if the said grants bore the actual autograph or sign manual of the Governor: Provided always that all such grants shall be countersigned by the Colonial Secretary or other person duly appointed by the Governor in that behalf. 2 Every person who shall commit any one of the following offences shall be punished with imprisonment with or without hard labour for a term which may extend to ten years and shall not be less than two years, and shall also be liable to a fine not exceeding one thousand rupees: Every person (1) Who shall without authority of the Governor obtain Governor's Signature to Grants. (3) Who shall forge, counterfeit, or imitate, or cause or (4) Who shall knowingly and without lawful excuse (the 14th February, 1884. No. 30 of 1884. An Ordinance to amend Ordinance No. 11 of 1884, entitled "An Crown Grants to be attached by a Stamp." WHEREAS it is expedient to amend Ordinance No. 11 of 1884. entitled "An Ordinance to authorize the Governor's Signature to Crown Grants to be attached by a Stamp :" Be it therefore enacted by the Governor of Ceylon, with the advice and consent of the Legislative Council thereof, as follows: 1 Whenever the Governor shall, in virtue of the powers conferred upon him by section 1 of Ordinance No. 11 of 1884, cause his signature to be attached to any Crown grant of land by means of a stamp or fac-simile of his sign manual, every such signature shall be so attached Preamble. Governor's signature to Crown grants when attached |