'ANNUAL REPORT OF THE ADMINISTRATION OF THE BOMBAY PRESIDENCY, FOR THE YEAR 1862-63’ [‎59r] (113/266)

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APPENDIX TO JUDICIAL REPORT.
the claims of Government, on the ground of defective title, to assess such lands, with
certain specified exceptions, throughout the Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. of Bombay.
After a careful discussion and scrutiny of the proposed Bill, it has not been found
convenient to bring under the provisions of a single enactment the alienated tenures of
districts which have been placed in respect of these tenures under distinct and separate
laws.
The substance of the previously proposed Enactment has been remodelled into a
Bill, which has already been published, for the adjustment by a summary method of the
unsettled claims to exemption from the payment of Government Land Revenue, and the
regulation of the succession to, and transfer of, lands wholly or partially exempt from the
payment of such revenue, in those parts of the Bombay Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. which are subject to
the operation of Act XI. of 1852 of the Legislative Council of India.
The present Enactment is intended by provisions more directly appropriate to the
requirements of the districts which were brought under Chapters IX. and X. of Regula
tion XVII. of 1827, and Regulation VI. of 1833, to extend to the alienated landholders
of Guzerat and the Concans a like opportunity of summarily adjusting their claims to
exemption from assessment, and settling the terms on which such exemption will in future
be recognised. And as the Enactments by which claims to hold land wholly or partially
exempt from payment of Land Revenue have hitherto been adjudicated or defined are
unsuited to the objects of the proposed Enactment, they are repealed by the present Act,
and other provisions are enacted, both for the trial of the claims of holders by whom an
inquiry into title is demanded, and for the better definition of the terms on which
Government will continue to recognise the rights of other holders which are not capable
of summary adjustment.
This Bill was passed as Act No. VII. of 1863.
(18) A Bill for the Establishment and Regulation of Reformatory Schools for Juvenile
Offenders,
His Excellency the Right Honorable the Governor General having, for reasons given
in His Excellency’s Minute of the 25th July 1862, withheld his assent from the “ Act for
the Establishment and Regulation of Reformatory Schools for Juvenile Offenders” passed
by the Council on the 28th March 1862, the above Bill was submitted to the Council.
This Bill was framed so as to be free from the objections which had been made to the
former Bill.
The following is the Minute by the Right Honorable the Viceroy referred to above:—
“ I am unable to give my assent to this Bill in its present form for the following
reasons:—•
Firstly —Because it imposes on persons escaping from or rescuing from or allow
ing offenders in their custody to escape from Reformatories heavier penalties
than those to which persons are liable who commit the corresponding offences in the
case of ordinary prisons.
Secondly —Because, although it may be contended that as Reformatories are
not Prisons, the discrepancy above referred to does not involve any technical altera
tion of the Provisions of the Penal Code, the imposition of the heavier penalty for
the minor offence is not consistent with a substantial adherence to its spirit, or to