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From Colonel H. M. Durand, C. B., Secretary to the Government of India, Foreign Depart
ment, to the Chief Commissioner, British Burmah (No. 377), dated 22d April 1862.
Sir, I am directed to reply to the letter from the Commissioner, Tenasserim and Martaban Provinces, No. 116, dated 10th June last, forwarding a Report of a journey made by Captain Fraser and Captain Forlong across the Isthmus of Kraw, and a scheme for opening up communication with Bangkok and China by that route, instead of round the Malayan Peninsula.
2. The Governor General in Council is fully alive to the importance of any practicable scheme, having for its object the extension of trade with China and Siam. But with the information at present before him, as to the political condition of Western China, and with. imperfect inforination as to the practicability and commercial advantages of the proposed scheme for crossing the Isthmus of Kraw, the Governor General in Council would not at. present be justified in incurring any expenditure on the scheme. Stili His Excellency in Council desires that every available opportunity be taken to obtain a knowledge of the advantages of the scheme proposed, and of any circumstances which may recommend it to the consideration of Government.
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.
Ordered, by The House of Commons, to be Printed,
16 March 1863
[Price 1 s.]
RETURN to an Address of the Honourable The House of Commons,
dated 22 June 1863 ;-for,
A “COPY of an Act passed by the Council of the Governor General of
India, “to enable the Government to divest itself of the Management of
India Office, 23 June 1863.
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
RELIGIOUS ENDOWMENTS. WHEREAS it is expedient to relieve the Boards of Revenue, and the Local Preamble. Agents, in the Presidency of Fort William, in Bengal, and the Presidency of Fort Saint George, from the duties imposed on them by Regulation XIX. 1810, of the Bengal Code (for the due appropriation of the rents and produce of lands granted for the support of mosques, Hindoo temples, colleges, and other purposes ; for the maintenance and repair of bridges, serays, kuttras, and other public buildings; and for the custody and disposal of Nuzzool property or escheats), and Regulation VII. 1817, of the Madras Code (for the due appropriation of the rents and produce of lands granted for the support of mosques, Hindoo temples, and colleges or other public purposes ; for the maintenance and repair of bridges, choultries, or chuttrums, and other public buildings ; and for the custody and disposal of escheats), so far as those duties embrace the superintendence of lands granted for the support of mosques or Hindoo temples, and for other religious uses; the appropriation of endowments made for the maintenance of such religious establishments; the repair and preservation of buildings connected therewith, and the appointment of trustees or managers thereof; or involve any connexion with the management of such religious establishments; and whereas it is expedient for that purpose to repeal so much of Regulation XIX. 1810, of the Bengal Code, and Regulation VII. 1817, of the Madras Code, as relate to endowments for the support of mosques, Hindoo temples, or other religious purposes; it is enacted as follows:
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. 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
« Court." 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 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 vision respecting Mosques, &c., in 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- IV. In the case of every such mosque, temple, or other religious establishment pendent trustees,&c., which, at the time of the passing of this Act, shall be under the management of all property belonging to their of any trustee, manager, or superintendent, whose nomination shall not vest in, trusts, &c., remain- nor be exercised by, nor be subject to the confirmation of, the Government, or ing in charge of Revenue Board, or
any public officer, the local Government shall, as soon as possible after the others.
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. Procedure in case of V. Whenever from any cause a vacancy shall occur in the office of any dispute as to right of trustee, manager, or superintendent, to whom any property shall have been trusteeship, &c. transferred under the last preceding section, and any dispute shall arise respect
ing 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. Rights, powers, and VI. The rights, powers, and responsibilities of every trustee, manager, or responsibilities of
superintendent, to whom the land and other property of any mosque, temple, trustees, &c., to whom any charge
or other religious establishment is transferred in the manner prescribed in shall be transferred. Section 1V. 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. Appointment of 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. Provision as to VIII. The members of the said committee shall be appointed from among qualifications for
persons professing the religion for the purposes of which the mosque, temple, member of sach committee,