RAILWAY. COPIES of CORRESPONDENCE between Indivi. duals in this Country and Her Majesty's Government, relative to proposed RAILWAY across the Isthmus of Kraw; and, of DESPATCH from the Governor General of India, with its Enclosures, on the same subject. (Mr. Wyld.) Ordered, by The House of Commons, to be Printed, 16 March 1863. [Price 1 s.] 108. Under 4 d RETURN to an Address of the Honourable The House of Commons, A "COPY of an ACT passed by the Council of the Governor General of India Office, 23 June 1863. J. HAWKINS, ACT No. XX. OF 1863. PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL. (Received the Assent of the Governor General on the 10th March 1863.) AN ACT to enable the Government to divest itself of the Management of WHEREAS it is expedient to relieve the Boards of Revenue, and the Local Preamble. I. So much of Regulation XIX. 1810, of the Bengal Code, and so much of Regulations reRegulation VII. 1817, of the Madras Code, as relate to endowments for the pealed. support of mosques, Hindoo temples, or other religious purposes, are repealed. II. In this Act words importing the singular number shall include the plural, Number. and words importing the plural number shall include the singular. Words importing the masculine gender shall include females. Gender. "Court." The words "Civil Court" and "Court" shall mean the principal Court of "Civil Court," and Original Civil Jurisdiction in the district in which the mosque, temple, or religious establishment is situate, relating to which, or to the endowment whereof, any suit shall be instituted or application made under the provisions of this Act. Local Government vision respecting Mosques, &c., in certain cases. III. In the case of every mosque, temple, or other religious establishment to to make special pro- which the provisions of either of the Regulations specified in Section I. are applicable, and the nomination of the trustee, manager, or superintendent whereof, at the time of the passing of this Act, is vested in, or may be exercised by, the Government, or any public officer; or in which the nomination of such trustee, manager, or superintendent shall be subject to the confirmation of the Government, or any public officer, the local Government shall, as soon as possible after the passing of this Act, make special provision as hereinafter provided. Transfer to inde pendent trustees,&c., of all property belonging to their trusts, &c., remaining in charge of Revenue Board, or others. Procedure in case of dispute as to right of trusteeship, &c. succession to vacated Rights, powers, and responsibilities of trustees, &c., to whom any charge shall be transferred. Appointment of committees. Provision as to qualifications for member of such committee, IV. In the case of every such mosque, temple, or other religious establishment which, at the time of the passing of this Act, shall be under the management of any trustee, manager, or superintendent, whose nomination shall not vest in, nor be exercised by, nor be subject to the confirmation of, the Government, or any public officer, the local Government shall, as soon as possible after the passing of this Act, transfer to such trustee, manager, or superintendent, all the landed or other property which, at the time of the passing of this Act, shall be under the superintendence or in the possession of the Board of Revenue, or any local agent, and belonging to such mosque, temple, or other religious establishment, except such property as is hereinafter provided; and the powers and responsibilities of the Board of Revenue, and the local agents, in respect to such mosque, temple, or other religious establishment, and to all land and other property so transferred, except as regards acts done and liabilities incurred by the said Board of Revenue, or any local agent, previous to such transfer, shall cease and determine. V. Whenever from any cause a vacancy shall occur in the office of any trustee, manager, or superintendent, to whom any property shall have been transferred under the last preceding section, and any dispute shall arise respecting the right of succession to such office, it shall be lawful for any person interested in the mosque, temple, or religious establishment, to which such property shall belong, or in the performance of the worship or of the service thereof, or the trusts relating thereto, to apply to the Civil Court to appoint a manager of such mosque, temple, or other religious establishment, and thereupon such Court may appoint such manager, to act until some other person shall by suit have established his right of succession to such office. The manager so appointed by the Civil Court shall have, and shall exercise, all the powers which, under this or any other Act, the former trustee, manager, or superintendent, in whose place such manager is appointed by the Court, had or could exercise, in relation to such mosque, temple, or religious establishment, or the property belonging thereto. VI. The rights, powers, and responsibilities of every trustee, manager, or superintendent, to whom the land and other property of any mosque, temple, or other religious establishment is transferred in the manner prescribed in Section IV. of this Act, as well as the conditions of their appointment, election, and removal, shall be the same as if this Act had not been passed, except in respect of the liability to be sued under this Act, and except in respect of the authority of the Board of Revenue and local agents, given by the regulations hereby repealed, over such mosque, temple, or religious establishment, and over such trustee, manager, or superintendent, which authority is hereby determined and repealed. All the powers which might be exercised by any Board or local agent for the recovery of the rent of land or other property transferred under the said Section IV. of this Act may, from the date of such transfer, be exercised by any trustee, manager or superintendent to whom such transfer is made. VII. In all cases described in Section III. of this Act, the local Government shall once for all appoint one or more committees in every division or district to take the place, and to exercise the powers, of the Board of Revenue and the local agents under the regulations hereby repealed. Such committee shall consist of three or more persons, and shall perform all the duties imposed on such Board and local agents, except in respect of any property which is specially provided for under Section XXI. of this Act. VIII. The members of the said committee shall be appointed from among persons professing the religion for the purposes of which the mosque, temple, or or other religious establishment, was founded, or is now maintained, and in accordance, so far as can be ascertained, with the general wishes of those who are interested in the maintenance of such mosque, temple, or other religious establishment. The appointment of the committee shall be notified in the official Gazette. In order to ascertain the general wishes of such persons, in respect of such appointment, the local Government may cause an election to be held, under such rules (not inconsistent with the provisions of this Act) as shall be framed by such local Government. IX. Every member of a committee appointed as above shall hold his office for life, unless removed for misconduct or unfitness, and no such member shall be removed except by an order of the Civil Court as hereinafter provided. Every member to life, unless removed be appointed for for misconduct, &c. X. Whenever any vacancy shall occur among the members of a committee Provision for filling appointed as above, a new member shall be elected to fill the vacancy, by the up vacancies. persons interested as above provided. The remaining members of the committee shall, as soon as possible, give public notice of such vacancy, and shall fix a day, which shall not be later than three months from the date of such vacancy, for an election of a new member by the persons interested as above provided, under rules for elections which shall be framed by the local Government, and whoever shall be then elected, under the said rules, shall be a member of the committee to fill such vacancy. If any vacancy as aforesaid shall not be filled up by such election as aforesaid within three months after it has occurred, the Civil Court, on the application of any person whatever, may appoint a person to fill the vacancy, or may order that the vacancy be forthwith filled up by the remaining members of the committee, with which order it shall then be the duty of such remaining members to comply, and if this order be not complied with, the Civil Court may appoint a member to fill the said vacancy. XI. No member of a committee appointed under this Act shall be capable of being, or shall act also as a trustee, manager, or superintendent of the mosque, temple, or other religious establishment, for the management of which such committee shall have been appointed. XII. Immediately on the appointment of a committee as above provided, for the superintendence of any such mosque, temple, or religious establishment, and for the management of its affairs, the Board of Revenue, or the local agents acting under the authority of the said Board, shall transfer to such committee all landed or other property which at the time of appointment shall be under the superintendence, or in the possession of the said Board or local agents, and belonging to the said religious establishment, except as is hereinafter provided for, and thereupon the powers and responsibilities of the Board and the local agents, in respect to such mosque, temple, or religious establishment, and to all land and other property so transferred, except as above, and except as regards acts done and liabilities incurred by the said Board or agents previous to such transfer, shall cease and determine. All the powers which might be exercised by any Board or local agent, for the recovery of the rent of land or other property transferred under this section, may from the date of such transfer be exercised by such committee to whom such transfer is made. No member of a trustee, &c., of the mosque, &c., under charge of such committee. committee to be On appointment of committee, Board and local agents to transfer property. XIII. It shall be the duty of every trustee, manager, and superintendent of Accounts of receipts a mosque, temple, or religious establishment to which the provisions of this and disbursements. Act shall apply, to keep regular accounts of his receipts and disbursements, in respect of the endowments and expenses of such mosque, temple, or other religious establishment; and it shall be the duty of every committee of management, appointed or acting under the authority of this Act, to require from every trustee, manager, and superintendent of such mosque, temple, or other religious establishment, the production of such regular accounts of such receipts and disbursements at least once in every year, and every such committee of management shall themselves keep such accounts thereof. ested, may sue in XIV. Any person or persons interested in any mosque, temple, or religious Any person interestablishment, or in the performance of the worship or of the service thereof, case of breach of or the trusts relating thereto, may, without joining as plaintiff any of the trust, &c. other persons interested therein, sue before the Civil Court the trustee, manager, or superintendent of such mosque, temple, or religious establishment, or the member of any committee appointed under this Act, for any misfeasance, 394. Nature of interest Reference to arbitrators. Reference under breach of trust, or neglect of duty committed by such trustee, manager, superintendent, or member of such committee, in respect of the trusts vested in, or confided to them respectively, and the Civil Court may direct the specific performance of any act by such trustee, manager, superintendent, or member of a committee, and may decree damages and costs against such trustee, manager, superintendent, or member of a committee, and may also direct the removal of such trustee, manager, superintendent, or member of a committee. XV. The interest required in order to entitle a person to sue under the last preceding section, need not be a pecuniary or a direct or immediate interest, or such an interest as would entitle the person suing to take any part in the management or superintendence of the trusts. Any person having a right of attendance, or having been in the habit of attending, at the performance of the worship or service of any mosque, temple, or religious establishment, or of partaking in the benefit of any distribution of alms, shall be deemed to be a person interested within the meaning of the last preceding section. XVI. In any suit or proceeding instituted under this Act, it shall be lawful for the Court before which such suit or proceeding is pending, to order any matter in difference in such suit to be referred for decision to one or more arbitrators. Whenever any such order shall be made, the provisions of Chapter VI. of the Code of Civil Procedure shall in all respects apply to such order and arbitration, in the same manner as if such order had been made on the application of the parties under Section 312 of the said Code. XVII. Nothing in the last preceding section shall prevent the parties from section 312 of Civil applying to the Court, or the Court from making the order of reference, under the said Section 312 of the said Code of Civil Procedure. Procedure Code. Preliminary application for leave to institute suit. Costs. Court may require accounts of trust to be filed. No civil suit to bar proceedings for criminal breach of trust. Provision for cases XVIII. No suit shall be entertained under this Act without a preliminary application being first made to the Court for leave to institute such suit. The application may be made upon unstamped paper. The Court, on the perusal of the application, shall determine whether there are sufficient prima facie grounds for the institution of a suit, and if in the judgment of the Court there are such grounds, leave shall be given for its institution. In calculating the costs at the termination of the suit, the stamp duty on the preliminary application shall be estimated, and shall be added to the costs of the suit. If the Court shall be of opinion that the suit has been for the benefit of the trust, and that no party to the suit is in fault, the Court may order the costs, or such portion as it may consider just, to be paid out of the estate. XIX. Before giving leave for institution of a suit, or after leave has been given, before any proceeding is taken, or at any time when the suit is pending, the Court may order the trustee, manager, or superintendent, or any member of a committee, as the case may be, to file in Court the accounts of the trust, or such part thereof as to the Court may seem necessary. XX. No suit or proceeding before any civil court under the preceding sections shall in any way affect or interfere with any proceeding in a criminal court for criminal breach of trust. XXI. In any case in which any land or other property has been granted for the support of an establishment partly of a religious and partly of a secular partly for religious character, or in which the endowment made for the support of an establishment in which the endowments are is appropriated partly to religious and partly to secular uses, the Board of |