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iBm- WA, Juruc 6AA :DQ {A
A COLLECTION OF CIRCULARS
ISSUED FROM THE
JUDICIAL DEPARTMENT OF THE BURMA SECRETARIAT
BETWEEN
JUNE 1888 AND DECEMBER 1891
WITH
NOTES, AN INDEX, AND A CHRONOLOGICAL LIST.


RANGOON:
PRINTED BY THE SUPERINTENDENT, GOVERNMENT PRINTING, BURMA.
1892.
._. i» LT
00 U1 U7 ,9
\O
:T
.‘s


PREFACE

THIS volume contains a Chronological list of the circulars
issued under the orders of the Chief Commissioner in the
Judicial Department of the Secretariat since Tune 1888, when
the system of a serial numbering for circulars was ﬁrst intro-
duced. Those circulars which deal (I) with the working of. the
Arms Act, (2) with the working of the Upper Burma Village
Regulation, and (3) with the working of the Lower Burma
‘Village Act are not reproduced here. Circulars of the ﬁrst
two classes have been reprinted in the pamphlets* of February
1891 and April 1891 respectively ; and as soon as the rules are
complete, a similar pamphlet containing. notiﬁcations, rules,
and instructions under the Lower Burma Village Act will be
issued and will contain circulars of the third abovementioned
class. In this v'olume all the remaining circulars up to No. 28
of ~1891, which have not been superseded, are reproduced.
Room is left at the end of the book for the insertion of the
circulars of future years, and room has been left in the Chrono-
logical list for the entry of thelabstracts.
I T he 16th February 1891.

. * Or have since been issuedjn octavo formlso that they may be conveniently
inserted in these pamphlets. -
CHRONOLOGICAL' LIST
JUDICIAL DEPARTMENT CIRCULARS
FROM
No. 1 OF 1888 T0 N0. 28 OF 1891.

Serial


Year, No. Subject. \V here printed.
1
c I General instructions on dis- i Page 64, Arms Act Pamphlet of 1891.
arming. g
2 Licensed gun-holders’ badges Page 68, Arms Act Pamphlet of 1891.
3 Pursuit of criminals into other i Page I of this collection.
districts. l
4 Selection of ﬁt men for punitive Page I of this collection.
police. “ I _
5 l Trial of ofﬁcers or sepoys of l Page 2 of this collection.
Native Army. i
6 Trial of policemen under sec- \ Page 3 of this collection.
tion 223, I. P. Code. I
7 Employment against dacoits Page 69, Arms Act Pamphlet.
of licensed gun-holders.
g .< 8 Supply of ammunition to Page 70, Arms Act Pamphlet.
~ licensed gun-holders; quar-
terly return of licensed shops.
9 Export of arms, &c., from Page 4 of this collection.
Straits Settlements to Burma.
10 Revised Arms license, Forms Pages 41 and 43, Arms Act Pamphlet.
Nos. VI and VII. '
11 Instructions about Explosives Page 5 of this collection.
Act.
12 Pardons and remissions of Page 7 of this collection.
sentences.
13 Trial of European British sub- Page 10 of this collection.
jects.
14 Dacoits’ confessions on the Not reproduced.
L manner of procuring guns.


Year. Sgéal Subject. Where printed.
’ 15 Foresters’ gun licenses in Up- Page 73, Arms Act Pamphlet.
per Burma.
16 Remission of sentences in cer- Page 11 of this collection.
tain cases. Unsuitability of
imprisonment as a penalty
in petty cases in Upper
. Burma.
“8 1.
"8 17 Working of the preventive Page 12 of this collection.
3 sections of the Criminal Pro-
8 l cedure Code.
gig 18 Disarmament of Shan cara- Page 73, Arms Act Pamphlet.
@ vans.
19 Rules about policemen’s jour- Page 14 of this collection.
‘ neys by rail and river.
20 i Detention of prisoners in police Page 16 of this collection.
, outposts. ,
L 21 | Rules as to furnishing the Page 18 of this collection.
, Government Advocate with
l copies of proceedings in the
, trial of European British
1 subjects.
1
" 1 . Disarmament of Shan cara- Page 77, Arms Act Pamphlet.
3 vans.
2 Maximum number of guns in Page 78, Ar'ms Act Pamphlet.
each district. .
L
3 Lead for ﬁshing nets Page 79, Arms Act Pamphl‘et
4 Working of Explosives Act as Page 19 of this collection.
regards ﬁreworks. ‘
o, l 5 Calling in of troops by Civil Page 20 of this collection.
a 4 Ofﬁcers.
6 Murder of headmen by dacoits Page 20 of this collection.
7 Appeals by prisonersin jails... Page 20 of this collection.
8 Criminal lunatics i Page 21 of this collection.
9 N orriinal-roll for convicts sent Page 47 of this collection.
to Port Blair.
L 10 Working of Upper Burma Page 13, Upper Burma Village ‘Regw-
- Village Regulation. lation Pamphlet of‘1891.


Year.
Serial
No.
Subject.
Where printed.


1889—continued.


II
12
13
14
I5
16
I7
18
I9
20
21
22
23
24
25
26
27


Y.—
Crediting of ﬁnes under the
Upper Burma Village
Regulation and of assess-
ments for punitive police.
Working of the Lower Burma
Village Act.
Annual return of arms licenses
Working of Explosives Act in
Upper Burma, possession and
sale of ﬁreworks.
Entertainment of extra police
Police procedure in the report l
and investigation of crime. I
Resolution on the report of the
Police Committee.
\Vorking of Lower Burma
Village Act.
Working of Upper Burma
Village Regulation.
Working of Upper Burma
Village Regulation.
Notiﬁcation under Explosives
Act.
Communication by Courts to
police of death of corvicts.
Rules for Honorary Magis-
trates’ Benches Upper
Burma.
Returns of Probates and-Let-
ters-of-Administration.
Detention of‘ persons under
trial. Monthly return.
Application to village head-
men of standing orders re-
lating to dismissal of Gov-
ernment servants.


Possession, sale, 8m, of certain
kinds of matches. ‘

Paragraphs 1 and 3 printed at page 14,
Upper Burma Village Regulation Pam-
phlet. Paragraph 2 printed at page 4.8
of this collection.
lNot reproduced.
2 Page 81, Arms Act Pamphlet.
Page 48 of this collection.
Page 49 of this collection.
Page 49 of this collection.
Page 62 of this collection.
Not reproduced.
Page 16, Upper Burma Village Regu.
lation Pamphlet.
Page 17, Upper Burma Village Regu.
lation Pamphlet.
Page 78 of this collection.
Page 79 of this collection.
Page 79 of this collection.
Page 80 of this collection.
Page 82 of this collection.
Page 83 of this collection.
Page 79, Arms Act Pamphlet.

( iv )


Year. Slslrgal Subject. Where printed.
F 28 Rules for release of convicts... Page 83 of this collection.
“6
E 29 Did not issue.
Q
T i 30 Modiﬁes Circular No. 25 Page 84 of this collection.
cm
22 31 Extension of Gambling Act to Page 86 of this collection.
L Upper Burma.
F 1 Export of matches. Spent Not reproduced. Q
l 1
2 Employment of Military Of- Page 86 of this collection.
ﬁcers in the police.
3 Continues No. 9 of 1888 to Not reproduced.
the 1st February 1881. p
4 Ofﬁcial visitors of jails Pagei88 of this collection.
5 Supervision of prisoners whose Page 88 of this collection.
sentences have been con-
ditionally remitted.
6 Registers and returns for the Page 17, Upper Burma Village Regu-
Lower Burma Village Act lation Pamphlet.
and Upper Burma Village
Regulation.
7 Rules for observation of sup- Page 91 of this collection.
posed lunatics.
a 8 Disposal of deceased military Page 91 of this collection.
00 < police sepoys’ estates.
9 Exercise of powers under the Not reproduced.
Gambling Act, 1867.
Superseded by No. 3 of 1891.
10 Working of the Track Law in Not reproduced.
Lower Burma.
11 Registration of gun licenses Page 84, Arms Act Pamphlet.
and marking of guns. .
12 Did not issue.
13 Control of police by Commis- Page 92 of this collection.
sioners and Deputy Commis-
sioners.
14 Rules for the levy, 820., of cost Page 94 of this collection.
of punitive police. , '
15 Inﬂiction of sentences of whip- Page 99 of this collection.
ping.
L


Year. 5155a] Subject. Where printed.
l ,6 16 Pardons to criminals Page 99 of this collection.
0% '5 17 Employment of Advocates for Page 101 of this collection.
H 3 prosecution in criminal cases.
" 1 Gun licenses for thugyis Page 86, Arms Act Pamphlet.
2 Detention of prisoners under Page 102 of this collection.
Clause VIII of Schedule to
Upper Burma Criminal Jus-
tice Regulation.
3 Issue of warrants under Gamg Page 103 of this collection.
bling Act in Upper Burma.
4 Working of Village Act and Page 25, Upper Burma Village Regu-
Regulation. lation Pamphlet.
5 Treasure escorts Page 103 of this collection. a,
6 Appeals by Railway servants Page 104 of this collection.
in criminal cases.
7 Track Law Page 33, Upper Burma Village Regu-
lation Pamphlet.
8 Procedure in the case of rail- Page 105 of this collection.
“ way passengers refusing to
£H pay their fares or excess
~ charges.
9 Annual arms licenses returns. Not reproduced.
Superseded by No. 3 of r892.
10 Workin of section XIII of Page 106 of this collection.
the Sc edule to the Upper
Burma Criminal J us t i c e
Regulation.
11 Procedure in sentencin a con- Page 107 of this collection.
vict who has broken t 8 con-
ditions of his release.
O
12 Foresters’ licenses in Lower Same, substituting Lower for Upper
' Burma. Burma, as page 73. Arms Act Pamp et.
13 Disposal of property of con- Page 108 of this collection.
victed prisoners.
14 Grant in Form X of licenses Not reproduced. (See correction slip in
for possession of lead, sul- Arms Act Pamphlet.)
phur, and saltpetre.
15 Rules for police in cases of Page 108 of this collection.
L sudden death.


Serial


Year. No. Subject. Where printed.
" 16 Dispensing with ‘sureties for Page 110 of this collection.
certain prisoners whose sen- 1,
tences have been remitted by 2
Chief Commissioner. 1‘
i
17 Supervision of prisOners par- , Page 111 of this collection.
doned without trial or before
sentence.
l
18 Gun licenses for thugyis Page 87, Arms Act Pamphlet.
19 Amendment of rules for the i Page 111 of this collection.
levy, &c., of cost of punitive
police. :
20 Air-guns declared to be 2 Not reproduced.
~. “arms.” ;
s i
s 21 Storing of conﬁscated and , Page 89, Arms Act Pamphlet.
'g surrendered guns. 2
s +
T 22 Spears and das for village i Page 93, Arms Act Pamphlet.
a watchmen. l
03 l
2,3 Position of the Subdivisional ’ Page 1 11 of this collection.
Magistrate in respect to the p
_ police.
24, Register of police cases Page 112 of this collection.
25 Removal of prisoners under i Page 118 of this collection.
the Prisoners Testimony \
Act.
26 Conﬁnement of prisoners in l Page 120 of this collection.
police-stations. i
27 Continues No. 9 of 1888 to Not reproduced.
31st December 1892.
L 28 Instructions regarding the Page 120 of this collection.
Factories Act.

.( vii’

Year.
Serial
N o.
\
Subject.
Where printed.


IQ.

dvki
V111
Year.
Serial
N 0.
Subject.
Where printed.


AODDENDA.

At page 3 to Circular No. 6 of 1888 add the following note: “The order re-
quiring Deputy Commissioners to try themselves all cases of escape and inﬂict
severe sentences was cancelled by Police department letter No. 429—3E.—-—1, dated
the 17th March 1892.”
At page 107 to Circular No. 11 of 1891 add the following note : “ For further
instructions see Circular No. 2 of 1892.”
CIRCULARS
I or was
JUDHHALfDEPARPMENT
FROM
No. 1 CF 1888 T0 N0. 26 OF 1891.
No. 3 of 1888.
THE Chief Commissioner has noticed on several recent
Pursuit of crimi_ occasions the dislike and jealousy with which
male into 0 t‘h e 1' some ofﬁcers regard the legitimate entry into
dlstricts- \ their districts of parties from other districts
in pursuit of criminals or in search of stolen property. The
result is that district boundaries have become in some cases
an obstacle to the police and a defence to dacoits, who are
not slow to avail themselves of the advantages offered. It will
be sufﬁcient, the Chief Commissioner hopes, to point out the
mischievous folly of adding to the difﬁculties of the task which
is before the Administration by raising artiﬁcial obstacles to the
pursuit of criminals. Union and co-operation are essential to
success, and ofﬁcers who fail to realize this truth or to act on
it will be regarded by the Chief Commissioner as unﬁt for pro-
motion.

No. 311-138C., dated Rangoon, the 11th june 1888.
CIRCULATED to Commissioners and Deputy Commis-
sioners, Inspectors-General of Police, and District Superin-
tendents of Police in Upper and Lower Burma.
No. 4 of 1888*
FROM certain facts which have come to the Chief Com-
Saleem“ of ﬁt missioner’s notice he sees reason to fear that
men for punitive sufﬁcient care 15 not always taken to select ﬁt
Police- men for enlistment as punitive police. .He
desires to impress 011 Deputy Commissioners the necessity for
W

_.____,
* See Circular No. 15 of 1889.
(a)
controlling this part of Police administration carefully .and
strictly. In future the following system must be followed in
selecting men for appointment as punitive police. The District
Superintendent of Police must choose the men in the ﬁrst
instance after ascertaining their character and history from the
lugyis of their village and the thugyi of their circle. He must
then place the names of the men whom he selects before the
Deputy Commissioner with a statement of their character and
qualiﬁcations. It will be the duty of, the Deputy Commis-
sioner to decide ﬁnally what men shall be enlisted. Before
sanctioning the enlistment of any man the Deputy Commis-
sioner must satisfy himself that the _man is a man of fairly
good character and otherwise ﬁtted for enlistment.
2. The Chief Commissioner further considers it necessary
that Deputy Commissioners should satisfy themselves that men
now serving as punitive police are ﬁt for their duties. He
accordingly desires that Deputy Commissioners of all districts
in which any punitive police are now employed will examine
the police rolls and satisfy themselves as to the character and
general ﬁtness of the men employed. Unﬁt men or men of
bad character should be removed and ﬁt men substituted for
them.

No. 435-344P., dated Rangoon, the 15th june 1888.
CIRCULATED to Commissioners, Deputy Commissioners,
the Inspector-General of Police, and District Superintendents
of Police in Lower Burma.
N0. 5 of 1888.
FROM a case which has been brought to the Chief Com-
Trial of omcers missioner’s notice he considers it desirable that
orsepoys of Native all cases in which Native officers or sepoys of
armY- the Native army* are accused of criminal
offences should in Upper Burma be tried only by Deputy Com-
missioners, Assistant Commissioners, or Cantonment Magis-
trates. Deputy Commissioners will therefore arrange for the
trial of such cases in this manner by the exercise of the powers
of withdrawing cases conferred on them by section 528 of the
Code of Criminal Procedure and by the notiﬁcations issued
thereunder.

*Extended to the Military' Police (wide Criminal Circular No. 7 of 1891 of
Judicial Commissioner, Upper Burma).
(a)
2. The Chief Commissioner further desires that_when a
mistriber of the Native army is sentenced to ﬂogging, the
sentence shall not be carried out until he has been divested of
his uniform. Magistrates should exercise caution in inﬂicting
this punishment on Native soldiers.
—-_nq-—
N0.‘550-118C., dated Rangoon, the Igth June 1888.
CIRCULATED to all Commissioners and Deputy Commis-
sioners in Upper Burma.
No. 6 of 1888.
THE attention of ofﬁcers is invited to judicial Department
. . letter No. 493-67P., dated the 10th March
m;“ﬁ‘nd°§, 1888fle in which the necessity for inﬂicting ex—
223. Indian Penal emplary punishment on policemen guilty of
COdB' offences under section 22 3 of the Indian Penal
Code was insisted on. The Inspector—General of Police, Upper
Burma, has brought to notice that too severe sentences are
sometimes inﬂicted for offences of this description and that
account is not always taken of facts which may mitigate the
guilt of the accused, such as difﬁculties in guarding prisoners,

*From the Officiating Secretary to the Chief Commissioner, Burma, to all Com-
missioners of Divisions.
I AM directed to address you on the subject of the escape of pri-
soners from police custody. In view of the frequency with which
escapes occur the Chief Commissioner considers it necessary to call
your special attention to the matter. In future all cases of escape
from police custody should be reported by the Magistrate of the dis-
trict to you. I am to request that you will see that proper steps are
taken to punish the policemen responsible for escapes and to re-
capture the prisoners. Ordinarily reports of particular escapes need
not be made to this ofﬁce, but you should bring exceptional cases to
the Chief Commissioner’s notice. I am further to request that you
will instruct Deputy Commissioners to try all cases of escape them-
selves and inflict severe sentences. Every policeman should under-
stand that he is not only liable to, but will receive two years’ impri-
sonment for negligence in allowing prisoners to escape. At present
the offence is treated as a trivial one. A great injury is inflicted on
the province by the escape of desperate criminals, who have been
captured after much trouble, and who almost invariably get together
gangs of rufﬁans and rob the country. In future Deputy Commis-
sioners and District Superintendents of Police, in whose districts
numerous escapes occur, will not be held free from blame and will
be liable to have their promotion stopped.
2. Copies of this letter have been sent to Deputy Commissioners
direct. .
l4)
inexperience on the part of the accused, and the like. General
Stedman represents that too great severity in the punishment
of young policemen may render service in the military police
unpopular in India and may throw difﬁculties in the way of ob-
taining recruits. While he sees no reason to change his opinion
as to the necessity for punishing severely policemen who
suffer prisoners to escape, the Chief Commissioner recognizes
the danger pointed out by General Stedman. _ Accordingly he
desires to remind District Magistrates that in trying cases of
this kind they should take all the facts of the particular case
before them into consideration. If circumstances exist which
mitigate the guilt of the accused, the extreme penalty should
not be inflicted. In particular young recruits should be treated
with leniency.
2. From reports which have come before him of escapes
of prisoners the Chief Commissioner sees reason to fear that
proper care is not always taken in selecting policemen to guard
prisoners. Raw recruits of a few months’ service appear to be
sometimes selected to guard considerable numbers of prisoners
in insecure lock-ups. The Chief Commissioner desires to im-
press on District Ofﬁcers the necessity for showing care in the
selection of men for sentry duty over prisoners. rained men
should so far as possible be employed on this duty. If care is
taken in this matter, the number of escapes will be fewer, and
when escapes occur Magistrates will not be compelled to in-
flict lenient sentences on the ground of the inexperience of the
accused.

No. 796-67P., dated Rangoon, the 31st August 1888.
CIRCULATED to Commissioners, Deputy Commissioners,
the Inspector-General of Police, and District Superintendents
of Police in Upper Burma.
No. 9 of 1888*
ATTACHED to this circular is a copy of a Proclamation
Export of “mg issued by the Governor of the Straits Settles
from sjra‘itg merits prohibiting the exportation of arms
Settlements“) and ammunition from the Straits Settlements
Burma' to Burma. The Chief Commissioner desires
that all cases in which the order is proved to have been in-
fringed may be reported to this ofﬁce.
_. _._._..-_.. >~. m

TWP he prohibition was extended to 151'. February 1891mm“; was announced in
Judicial Department Circular 3 of 1890) and subsequently to 3ist December 1892
as was announced in Judicial Department Circular No. 27 of 1891.
(5,)
Q
No. 524367 A., dated Rangoon, the 24th September 1888.
CIR'CULATED to all Commissioners and Deputy Commission-
ers, the Collector of Customs, to Inspectors-General of Police,
Upper and Lower Burma, and all District Superintendents of
Police.

In the name of Her Majesty Victoria by the grace of God of the
United Kingdom of Great Britain and Ireland, Queen, Defender
of the Faith, Empress of India. ,
PROCLAMATION by His Excellency Sir Cecil Clementi Smith, Knight
Commander of the Most Distinguished Order of Saint Michael and
Saint George, Governor and Commander-in-Chief of the Straits Settle-
ments and Vice-Admiral of the same.
[1. s.) CECIL c. 5111111.
Whereas by Ordinance No. XVIII of 1887 it is, amongst other
things, enacted that it shall be lawful for the Governor in Council to
prohibit by proclamation for stated periods the exportation from
this colony to any place to be named in such proclamation of arms,
ammunition, gunpowder, and military and naval stores:
And whereas it has been brought to the notice of the Governor in
Council that it is expedient to prevent the importation of arms and
ammunition into Burma:
It is hereby proclaimed by the Governor in Council that the expor-
tation of arms, ammunition, gunpowder, and military and naval stores
from any port or place in this colony to Burma is prohibited for a
period of one year from this day.
By His Excellency’s Command,
A. M. SKINNER,
A cling Colonial Secretary.
Goo SAVE THE QUEEN.
Given at Singapore, this 28th day of August, in the year of our
Lord One thousand eight hundred and eighty-eight.
, No. 11 of 1888.
To (1) Commissioners of Divisions, Lower Burma,* (2) the Inspector-General of
Police, Lower Burma,—--No. 577-19A., dated Rangoon, the 26th September 1888.
. FROM the replies that have been received to this ofﬁce letter
Instructions No. 69-19A.,.dated the. 5th April. 1888, in re-
about Explosives gard to dacoits obtaining supplies of gun-
ACt- powder from Chinese crackers and other
ﬁreworks, it seems to the Chief Commissioner that the Indian

* For Upper Burma rules see Cucular No. 14 of 1889, page 48 infra.
(6)
Explosives Act and the Rules published under it are neither
enforced by nor known to Government ofﬁcers in Lower Bur-
ma. Fireworks appear to be sold everywhere without license,
and the rules as to packing and transport are evidently a dead
letter. ‘
2. I am accordingly to invite your attention and the atten-
tion Of an Ofﬁcers ((3 ;‘;§;f’.§§;d.i;;ii;§§t.. to the provisions of the above
Act and the Rules under it in regard to the following mat-
ters :—

(a) Sale and T rampart of E xplosz'ves.
The rules framed under section 5 of the Act to regulate the
manufacture, possession, sale, and transport of explosives in
Burma give power to ofﬁcers to control trafﬁc in ﬁreworks and
explosives generally. ,Under the rules in their present shape
private persons may possess an unlimited quantity of ﬁreworks
for I4. days (Rule 3, proviso (2), and may sell explosives which
they have obtained for their private use to persons entitled to
possess them (Rule 5). Further, under Rule 27 the houses
of persons other than those possessing licenses are not liable
to search. The Chief Commissioner thinks it will be neces-
sary to modify these provisions in such a manner as to render
licenses necessary in all cases for the possession of ﬁreworks,
to prohibit all unlicensed sales, and to render suspected houses
liable to search in all cases. The Government of India has
been addressed with a view to the necessary changes being
made in the rules.* Meanwhile such powers as the Act and
Rules give should be used to put a stop to _ all dealings with
explosives, particularly ﬁreworks, which contravene them.
(I?) [importation of E xplosz'ves.
Rule 8 and the following rules published in Home Depart-
ment Notiﬁcation No. 1417, dated the 24th june 1887, regu-
late the importation of explosives. , It will be seen that under
Rules 10 and 11 gunpowder and ﬁreworks may be imported
direct by sea into Rangoon only, and into the other seaports of
Burma from Rangoon only. No importation may be made
except under a license granted by the District Magistrate.
The Chief Commissioner fears that this provision of the rules
has been entirely overlooked.
I am to request that you will see that all ofﬁcers
(1) in your division
(3, servingundgryou make themselves conversant with the provisions


* See CircularlNo. 4 of 1889.
(t)
Qf the Explosives Act and the Rules under it and that those
provisions are strictly enforced.
4. Copies of this circular have been sent to Deputy Corn-
missioners and District Superintendents of Police direct.
No. 12 of 1888.*
“THE Chief Commissioner has had under consideration the
Pardons and w question of the grant of pardon to criminals
missions of sen. who surrender to the authorities in Upper
tences- Burma. The practice which at present pre'
vails in most districts of Upper Burma is for the Deputy Com-
missioner of the district in which the criminal surrenders to
grant him a so-called pardon. This pardon is a certiﬁcate
which sets forth that the criminal will not be prosecuted or
molested for the offences which he has committed so long as
he lives peaceably. In some cases the criminal is required to
furnish security for his future good behaviour, to report himself
periodically at a police station, and to live in a particular village.
2. The practice of granting pardons in the manner set forth
above has hitherto been rendered necessary by the disturbances
which till lately prevailed in many districts of Upper Burma.
During those disturbances many villagers joined dacoit gangs,
frequently under compulsion. These villagers were not regu-
lar criminals and it was deemed advisable to give them oppor-
tunities of returning to lawful modes of life on easy terms.
Deputy Commissioners have therefore been permitted to grant
certiﬁcates to men of this class promising them security from
molestation if they did not again transgress the law.
3. The Chief Commissioner believes that the time is now
come for a more rigorous enforcement of the law. The gangs
which are now at large in Upper Burma districts consist for the
most part of hardened criminals who deserve no mercy. Within
the last year ample time and opportunity of surrendering have
been given to villagers who joined gangs under compulsion or
Without fully realizing the consequences of their acts. The
Chief Commissioner accordingly directs that for the future no
pardon shall be offered to any criminal, other than in accord-
ance with the Code of Criminal Procedure, without his sanc-
tion. Further he directs that criminals who surrender shall be
tried and sentenced to such punishment as their offences
merit. _ ,
As has been remarked above the Chief Commissioner
believes that few criminals who have any claim to clemency or
it See also Circular No. 16 of 1890.
(3)
f
whom it is expedient to pardon now remain at large. It is not
improbable, however, that cases may arise in which it may be
deemed advisable to pardon a criminal who has surrendered or
has been arrested. Such cases would be the cases of crimi-
nals who gave valuable information, of villagers who had tem-
porarily joined dacoit gangs and who had through ignorance
failed to avail themselves of the opportunities of surrendering
which have hitherto existed, and 'of criminals who after being
concerned in some crime committed during the disturbances
of 1886 and 1887 had since lived a peaceable life. Cases of
this kind should be dealt with under section 401 of the Code
of Criminal Procedure. The criminal should be tried, convict-
ed, and sentenced in the ordinary course. A report should
then be submitted to the Chief Commissioner stating the
grounds on which it is recommended that the sentence should
be remitted, and the conditions which it is proposed to attach
to the grant of pardon. Gn receipt of such recommendations
the sentence will ordinarily be remitted. Appended to this re-
solution is a form of Remission of Sentence which is used in
Lower Burma when sentences are remitted. The Chief Commis-
sioner considers that the conditions set forth in the form should
ordinarily be insisted on in the case of Upper Burma criminals.
In forwarding recommendations for the remission of sentences
District Officers should state whether they recommend that
these conditions should be insisted on in the particular case
referred. In special cases calling for special treatment addi-
tional conditions can, if necessary, be imposed. Thus if it is
desired that a criminal should be pardoned, but should not be
permitted to return to his old haunts, a condition may be im- -
posed requiring him to live in a village remote from his former
place of residence.
5. The orders set forth above will apply to all districts of
Upper Burma except Sagaing, in which special measures of
paciﬁcation are being taken, The Deputy Commissioner, Sa-
gaing, is authorized for the present to accept the surrender of
criminals to such extent as he may see ﬁt. The Commissioner
of the Central Division is requested to report not later than
the Ist December whether the orders now issued may be ap-
plied to the Sagaing district.

_Remz'ssz,'0n zy“ Senr'ence.*
IN exercise of the power conferred by section 401 of the Code of
Criminal Procedure the Chief Commissioner is pleased hereby to re-
rw—v—W —‘
‘1‘ This form has since been somewhat modiﬁed.

(9) '
mit, subject to the conditions hereafter set forth, the sentence passed
on the following prisoner, namely :-


L:
o ‘ '
o g : RESIDENCE. c
s~ ’5 5
2.»: 8 ii
is '23 Name. Father’s name. 6,, ‘5
b c 3
33 42 d ' v 8 '5 “"
.0 an 2 a) & o C s o
E 2 1'3 '6 ‘6 g 3 B 3
g Y! a E m 5 5 “1
Z O U > O U) (I) Q


\

The conditions are these--
(i) that the said has delivered
up all arms, of the kind deﬁned in section 4 of the Indian
Arms Act, 1878, in his possession ;
(ii) that he will not commit any offence against property, or
any offence attended by violence, or any offence against
the public peace or against the State, which may be pun-
ishable by any law in force in British India;
(iii) that he will reside in such town or village as the District
Magistrate may direct;
(iv) that he willfnot absent himself from the town or village in
which he resides between sunset and sunrise without the
permission of the headman of the village or quarter of the
town in which he resides;
(v) that he will not go to a distance of more than IO miles
from the town‘ or village in which he resides without re-
porting his intention at the nearest police-station and re-
ceiving permission in writing from the sergeant or other
ofﬁcer in charge of the said station.
~ By order,
Secy., C lzz'ef Commissioner, Burma.

I HEREBY accept and agree to abide by the above conditions and
acknowledge that, should I fail to fulﬁl these conditions or any por-
tion of them, the Chief Commissioner may cancel the remission of my
2
(10)
punishment, whereupon I may be arrested by any Police Ofﬁcer with.
out warrant and remanded to undergo my original sentence.
(Prisoner)

CERTIFIED that the foregoing conditions were read over to the
prisoner and accepted by him under section 401 of the Code of Cri-
minal Procedure in my presence.
Magistrate.
Fudge.
Witness.
ob

No. 581, dated Rangoon, the 26th September 1888.
COPY of the above forwarded— .
to all Commissioners and Deputy Commissioners in Up-
per Burma;
to the Inspector-General of Police, Upper Burma;
to all District Superintendents of Police in Upper Burma.
No. 13 of 1888*
THE ()ﬂiciating Government Advocate has brought to the
TrialofEm-Opean notice of the Chief Commissioner that in-
British subiects- convenience is not unfrequently caused by
the action of Magistrates in dealing with the cases of accused
persons supposed to be European British subjects. Magis-
trates frequently omit in such cases to come to any decision on
the question whether the accused person concerned is a
European British subject and, nevertheless, commit him for
trial to the \Recorder’s Court on the assumption that he is a
European British subject. The Chief Commissioner now calls
the attention of Magistrates to the provisions of Chapter
XXXIII of the Code of Criminal Procedure and particularly
of section 453 of the Code. It is for an accused person to
claim and establish his right to the privileges of a European
British subject. If the Magistrate has any reason to believe
that an accused person is a European British subject, he should
give him an opportunity of pleading that he is such. In all
cases in which a Magistrate commits a person for trial as a
European British subject he should inquire into the said per-
* see No. 21 of1888.
(I!)
son’s claim to the title and should record a deﬁnite ﬁnding on
the subject.

N 0. 23-1780, dated Rangoon, the 2nd October 1888.
COPY of the above forwarded to all Commissioners and
Deputy Commissioners for information and guidance; the
Recorder, Judicial Commissioner, and Government Advocate
for information.
No. 16 of 1888.
To Commissioners of Divisions in Upper Burma,--]udicial Department No. 279-
541]., dated the 12th October 1888.
I AM directed to invite your attention to the crowded state
Remission of sen_ of the jails in Upper Burma. With a view to
tences incertain relieve this pressure, I am to request that you
¢a§?5- U,nsu_it- will take up in revision the cases of all per-
abihty of imprison- - . .
men, as a penalty sons who are undergoing terms of imprison-
in petty cases in ment for offences under the Arms Act. The
Upper Burma' Chief Commissioner is of opinion that the sen-
tences of any such persons, if they are not reasonably suspect-
ed of being bad characters, might safely be remitted or com-
muted to a ﬁne. I am to request that you will review the
cases in this sense and send up proposals for release or remis-
sion ,as you may think ﬁt. Cases of imprisonment for baila-
ble offences may also be revised with the object of releasing as
many prisoners as possible. The Chief Commissioner will be
prepared to receive favourably any recommendations you may
make for the remission of the remainder of the sentences
passed on persons convicted of feeding or harbouring dacoits,
if you know of any cases where this can now be done with
safety. It is a measure which can only be adopted in districts
which are free from organized gangs of dacoits.
2. I am further to request that you will impress upon all
Magistrates in your division the advisability of avoiding the
imposition of sentences of imprisonment in cases where any
other form of punishment is possible. In most petty cases a
ﬁne will probably be the most suitable punishment, and in
heavier cases the provisions of the Whipping Act should be
employed whenever the accused is ﬁt for such punishment and
his offence may be adequately met by it.
3. Acopy of this circular has been sent to Deputy Com-
missioners direct.
( 12 )
No. 17 of 1888.*
THE Chief Commissioner has had under consideration the
W _ . propriety of controlling the action of the
orkmg of pro- . . .
ventive sectigns police under the preventive sections of the
0f the C Pi m i “81 . Code of Criminal Procedure. He understands
Procedure code“ that the present practice‘ in such cases is
generally as follows. A sergeant of police, in the exercise of
his powers under section 55 of the Code of Criminal Procedure,
arrests persons liable to arrest under that section, collects evi-
dence as to their character, and brings them, with the witnesses
against them, directly before the Magistrate having jurisdic-
. tion, with a view to security being demanded from them, under
sections 109 and 110. The power of deciding what persons
shall he proceeded against under these sections thus rests, in
the ﬁrst instance, entirely with the sergeant. The Chief Com-
missioner considers that this procedure places an unduly large
amount of power in the hands of the sergeant and he fears that
cases occur in which the power is abused. It is unnecessary
to enlarge on the evils which result from the employment of
the preventive sections of the Criminal Procedure Code by
subordinate ofﬁcials, maliciously or with corrupt objects.
2. In order to secure that the preventive sections of the
Code shall be properly worked the Chief Commissioner is of
opinion that prosecutions for bad livelihood ought not as a rule
to be instituted without the sanction of the District or Sub-
divisional Magistrate or of a Township Magistrate empowered
to give such sanction by the District Magistrate. The Chief
Commissioner desires that in future the following procedure
shall be adopted in such cases. Lists of persons of bad
character should be prepared by the police with notes of the
reasons for including them in the list. These lists should be
submitted to the District, Subdivisional, or Township Magis-
trate by the District Superintendent of Police, Assistant
Superintendent of Police, or Inspector in charge of the sub-
division or township. The Magistrate will pass orders as to
the persons to be proceeded against under section 109 or 110
of the Code, and steps will then be taken to arrest and proceed
against them. Until the Magistrate has passed his orders
persons should not be arrested with a view to their prosecution
under the preventive sections of the Code. It will of course
be open to a Magistrate to take proceedings under these sec-
tions of his own motion and without having received a report
from the police.

r—i
This circular has been translated.
(13)
If care is taken, the adoption of the procedure pre-
scribed above will not have the effect of weakening the hands
of the police. The lists of persons should be prepared conﬁ-
dentially and should be laid before the Magistrate conﬁdentially.
They should not pass through the police or Magistrate’s ofﬁces,
and the Magistrate should communicate hIS orders direct to
the District Superintendent of Police, Assistant Superintend-
ent of Police, or Inspector concerned. If these precautions
are carefully taken there will be no danger that criminals will
get to know that proceedings are to be taken against them and
that they will abscond before they can be arrested. These
orders are not intended to limit the exercise by ofﬁcers in
charge of police stations of the power to arrest vagrants and
persons who are unable to give a satisfactory account of them-
selves under section 55, clauses (a) and (b), of the Code of
Criminal Procedure, 1882. It should be noted that only
officers in charge of police stations have this power.
4. The Chief Commissioner does not intend that the orders
now issued should make any change in the rule which renders
a Township Ofﬁcer responsible for the control of bad charac-
ters in his township, as well as for the supervision of all matters
connected with the suppression of crime. ' It is the duty of a
Township Ofﬁcer, whether he has been authorized by his
Deputy Commissioner to sanction prosecutions for bad liveli-
hood or not, to keep a careful watch over persons of bad
character in his township and to obtain all information in his
power regarding them. Any information which he may obtain
on this subject he should communicate conﬁdentially to the
Subdivisional Ofﬁcer to whom he is subordinate or, if he is not
directly subordinate -to a Subdivisional Ofﬁcer, to the Deputy
Commissioner. Subdivisional Ofﬁcers and Deputy Commis-
sioners should encourage their Township Ofﬁcers to pay atten-
tion to this part of their duties, and should as a rule act on any
recommendations which may be made to them by Township
Ofﬁcers for the prosecution of persons for bad livelihood. It
is also very important in dealing with these cases that the
character and class of the sureties should be such as the
Magistrate has directed. When a report on a proposed surety
has to be called for, the Township Ofﬁcer is the proper person
to furnish it. Reference in such cases should not be made to
the police.
5. In conclusion the Chief Commissioner desires to impress
on Magistrates the importance of trying cases under the pre-
ventive sections of the Code, so far as possible at the places
where the accused persons and the witnesses against them
t 14 )
reside. The Judicial Commissioner has already called the at-
tention of Magistrates to this matter in his Circular N o. 27 of
i887. The Chief Commissioner desires to express his com-
plete concurrence 1n the Judicial Commissioner’s remarks.

N0. 524-95C., dated Rangoon, the 23rd October 1888. *
COPY of the above forwarded to all Commissioners and
Deputy Commissioners, Inspector-General of Police, and all
District Superintendents of Police in Lower Burmafl6 for infor-
mation and guidance; Judicial Commissioner, Lower Burma,*
and Recorder of Rangoon for information.
No. 19 of 1888.
Extract from the Proceedings of the Chief Commissioner, Burma, in the Judicial
Department,—-No. 530R, dated the Ist November 1888.
READ—-
Report of the Committee appointed to consider police travelling expenditure,
dated the 26th July 1888.
RESOLUTION—The Chief Commissioner has had under
Rules about consideration the report of the Committee
policemen’s jour- appointed in RCSOllltlOl'l, dHIEd the 7th
“PYS by rail 01‘ May 1888, and has weighed the recommenda-
river. a . . . , ,
tions therein submitted. He 1s of opinion
that a complete change of system is necessary.
2. In Bengal all policemen travelling on duty, whether
individuals or parties (with the exception of Railway police,
who travel free), pay the amount of their fare in cash, recover.
ing the sum so expended by bills on the District Superintend-
ent of Police drawn up in accordance with the Travelling
Allowance Code. Warrants are not granted in any case. This
system is understood to work well and smoothly in Bengal,
and the Chief Commissioner is convinced that it may with
advantage be introduced into Burma. The Chief Commis-
sioner is accordingly pleased to direct that, with effect from
I 5th November 1888, the issue of warrants for rail or river
passages, except under the special order of the Chief Commis-
sioner, shall ﬁnally and entirely cease. Such arrangements as
may be necessary will be made under the direction of the In-
spector-General of Police to provide thanas and police stations
with small cash advances on which men proceeding on duty
may be allowed to draw. These arrangements will be under,
the direct supervision and on the responsibility of District
Superintendents of Police.
* The provisions of this circular have since been extended to Upper Burma by
Judicial Department Circular No. 5 of 1892.
a!
(Is)
3. Having regard to the very heavy expenditure which is
entailed by the present general and indiscriminate employment
of police vans, accommodation in which is as a rule not fully
utilized, the Chief Commissioner directs that, [with effect from
the above date, police vans shall not be attached to trains
except at the requisition of the Inspector-General of Police.
In cases where escorts of police are travelling in charge of
small parties of prisoners they should make use of an ordinary
3rd class carriage. When it is in contemplation to move
large parties of prisoners, or prisoners in regard to whose safe
custody special precautions are necessary, due notice re-
quisitioning a police van will be given to the Railway authori-
ties. It rests with the Inspector-General of Police to decide
at what points police vans are most likely to be required and
where they can most conveniently be situated. The rules
attached to this Resolution regarding journeys performed by
Police Ofﬁcers shall be strictly observed.

Rules to regulate the journeys of Police Oﬁcers travelling on duty.
1; The issue of passesto Police Ofﬁcers for passages by rail or
river or sea is absolutely prohibited from the I 5th November 1888.
2. Police Ofﬁcers, whether travelling in charge of prisoners or on
other duties, will be required to obtain tickets on payment unless they
travel in the prison van under the provisions of Rule 4.
3. District Superintendents of Police will arrange for distributing
part of their permanent advances to ofﬁcers in charge of police sta-
tions for the purpose of providing funds for the purchase of tickets
for passages.
4. A prison van shall be attached toa train only on the requi-
sition of the Inspector—General of Police. The requisition shall state
the station at which the party of prisoners with escort’, for which the
van is required, will join the train. No other persons except those
belonging tothe party for which the van is requisitioned shall be
allowed to travel in the van.
The Inspector-General of Police shall order a prison van to be
attached to a train only when he has to send a party of at least 24
persons inclusive of prisoners and escort.
6. A requisition for a police van shall be sent by letter to the
Trafﬁc Superintendent at least 24 hours before the van is required.
7. The Railway Department will send monthly the bills for the
charges on account of prison vans to the Inspector-General of Police.
8. .Bills in support of*charges for Police Ofﬁcers’ journeys by rail
or river or sea must be presented in the ordinary travelling allow-
' ance bill form. ’
9. Police Ofﬁcers, as well as other Government ofﬁcers, when
travelling by sea or river, shall travel by a Government vessel When-
ever a Government vessel is available.
(I6)
ORDER.-—Ordered that a copy of the above be sent to all
Commissioners in Upper and Lower Burma, the Inspector-
General of Police, the Comptroller, A. L. Hough, Esq., the
Manager, Burma State Railway, the President of the Commit-
tee on the re-organization of the Lower Burma Police.
No. 20 of 1888.
A CASE recently occurred in which nine prisoners escaped
Detention ofpri_ from an outlying guard in which they had
soners in police out- been detained for 11 days. Their escape was
Posts- rendered possible by the neglect on the part
of the local authorities of the orders contained in Judicial De-
partment letters No. 72-218P., dated the 6th December 1887,
and No. 444-198P., datedxthe 15th March 1888. As it is a
matter of much importance that these orders should be strictly
observed, the Chief Commissioner republishes them for general
information. Severe notice will be taken of any future neg-
lect of these orders.

N o. 233-3P.‘, dated Rangoon, the 9th November 1888.
COPY forwarded to Commissioners and Deputy Commis-
sioners in Lower Burma, Inspector-General of Police, Burma,
and District Superintendents of Police in Lower Burma.

ANNEXURE I.
From the Secretary to the Chief Commissioner, Burma, to Commissioners of Di-
visions in Lower Burma,-No. 72-218P., dated the 6th December 1887.
I AM directed to invite attention to the enclosed extract from
a circular order dated the 19th October 1887, issued with the
Chief Commissioner’s sanction by the Inspector-General of
Police, concerning the detention of prisoners at police outposts.
I am to request that you will be so good as to "bring these
orders to the notice of Deputy Commissioners, Subdivisional
Ofﬁcers, and Township Ofﬁcers in your division in order that
they may not give directions in respect of under-trial prisoners
which would conflict with the instructions. At the same time
I am to say that, for reasons recorded, a Magistrate may di-
rect that a prisoner shall be detained at an outlying guard for
more than one night. An order to this effect should be given.
only in cases which the Magistrate is himself trying or en-
quiring into while on tour and in which it may be impossible
(1??)
to ﬁnish the trial'or enquiry in one day. The Inspector-Gener-
al will be instructed to amend his circular in accordance
with these orders.

Circular Order, dated Rangoon, the 19th October I887.
OWING to a most disgraceful escape from a subdivisional lock-up
the Chief Commissioner has directed that each Native guard at each
subdivisional lock-up shall consist of not less than 25 men.
According to the present distribution there are 12 Indians and
one Indian sergeant ordinarily attached to each subdivisional
lock-up. The number must be increased up to 24 men and one
sergeant.
The additional men must be drawn from the existing strength of
regular guards, but without decreasing the guards at Myoeks’ head-
quarters; and Superintendents will be good enough to issue orders
to the various guards that,_ except under the written orders of a
Magistrate, they are not to keep prisoners in the cages at outlying
guards for more than one night. Whether the prisoners are under
remand or not, they must be taken either to the subdivisional or
district headquarters or, if the Myoek so directs, to the guard of that
ofﬁcer’s headquarters.
Where a military police detachment is quartered, it may be possi-
ble to avoid the necessity of increasing the existing guard by arrang-
ing for the guarding of the prisoners by military and regular police
day about.
The men in charge of subdivisional lock-ups are to be thoroughly
well drilled daily, particular care being taken that they are instruct-
ed in the guarding and escort of prisoners as laid down in Book
Circular No. I.
List showing the distribution of police after these orders have been
carried into effect should be submitted without delay.
By order of the Chief Commissioner,
- T. D. JAMESON,
Ofg. Inspector-General of Police.
ANNEXURE II.
From the Officiating Secretary to the Chief Commissioner, Burma, to Commissioners
of Divisions in Lower Burma,--No. 444-198P., dated the 15th March 1888.
IN this ofﬁce letter No. 72-2I8P., dated the 6th Decem-
ber 1887, it was laid down that the only cases in which a Ma-
gistrate might direct the detention of an under-trial prisoner at
outlying guards for more than one night were cases in which
the Magistrate was trying the case in which the prisoner was
3
(18>
concerned while on tour. It has been represented that inc‘on=
venience is caused by a strict adherence to this rule, as it is
sometimes desirable, for purposes of police investigation, that
an under-trial prisoner should be detained for a time in an out-
lying guard. I am now to say, in modiﬁcation of the rulein
question, that Magistrates may, for special reasons to be re-
corded in each case, sanction the detention of an under-trial
prisoner in an outlying guard for periods exceeding one night _
to be speciﬁed in each case. The discretion given to Magis-
trates under these orders should be exercised with caution, and
only in cases in which it is clearly necessary for the detection
of acase that a prisoner should be detained in an outlying
guard. In no case should a longer period of detention than is
absolutely necessary be authorized. '
No. 21 of 1888.*
UNDER Rule 1 of the rules concerning the employment of
Rule as to ‘fu,._ the Government Advocate in connection with
nishingthe Govern- criminal prosecutions published at page 393
mePtAdVOCatEWith of the British Burma Manual, it is the duty
copies of proceed- . . .
ing, in trials of of ofﬁcers instructing him to appear to fur-
Eur9pean British nish-him with copies of all necessary papers.
sublects' It has been brought to notice that when Euro!-
pean British subjects are committed for trial before the Re-
corder as a High Court, the committing Magistrates rarely for-
ward copies of the proceedings to the Government Advocate.
As it is a duty of the Government Advocate or of the Assistant
Government Advocate to appear in such cases, it is neces-
sary that the Government Advocate should be furnished with
copies of the evidence and proceedings. The Chief Commis-
sioner requests that in future Magistrates, when committing
European British subjects for trial before the Recorder as a
High Court, will forward copies of the proceedings to the
Government Advocate.


N o. 475, dated Rangoon, the 20th November 1888.
COPY of the above forwarded to Commissioners and Deputy
Commissioners in Upper and Lower Burma for information and
guidance, the Judicial Commissioner, Recorder, and Govern-
ment Advocate for information. '

* See No. 13 of 1888. ‘
( 19 )
No. 4 of 1889.
To Commissioners of Divisions in Lower Burma;it the Inspector-General of Police,
Burma,--No. 33o-6A., dated the 14th January 1889.
IN continuation of this ofﬁce letter No. 577-19A.,'t dated the
Working of Ex_ ’26th September 1888, I am to enclose copies
plosives Act as re- in English and Burmese of Judicial Depart-
gards ﬁrew°fks' ment Notiﬁcation No. 21, dated the 8th
January 1889, which amends in certain directions the existing
rules regarding the manufacture, possession, and sale of explo-
sives. The effect of the changes made is to render it illegal
for private persons to possess ﬁreworks without a license,
whether for their private use or not, or to sell explosives
without licenses to any person whatsoever. The proviso which
is added to clause 7 of Rule 9 will enable persons desirous of
using ﬁreworks for harmless purposes to obtain licenses to
possess them free of fee. The addition to Rule 27 enables
Magistrates and Police Ofﬁcers empowered under that rule to
search any house in which it is believed that an offence
against the Act or rules is being committed. The special
attention of District Ofﬁcers is called to the changes which
have been made in the rules in order that the law regarding
explosives, particularly ﬁreworks, may be strictly enforced.
2. Copies of this letter have been sent to Deputy Com-
.missioners and District Superintendents of Police in Lower
Burma direct.

Judicial Department Notiﬁcation No. 21, dated Rangoon, the 8th January 1888.
IN exercise of the powers conferred by sections 5 and 7 of the Indian
Explosives Act, IV- of 1884, the Chief Commissioner of Burma, with
the previous sanction of the Governor-General in Council, makes the
following modiﬁcations in the Rules concerning the manufacture,
possession, and sale of explosives in Burma, published in Judicial
Department Notiﬁcation No. 150, dated the 8th—July 1887 :—
(1) The second proviso to Rule 3 is cancelled.
(2) The proviso to Rule 5 is cancelled. -
(3) The following proviso is added to clause 7 of Rule 9 :-
“ Provided that licenses to possess explosives which are
intended to be used within 14 days of the date of the
license in any religious or national feasts, ceremonies,
or performances may be granted free of fee.”
(4) The following “words are added to Rule 27 :—
“or in which he has reason to believe that any ﬁreworks
have been or are being manufactured, possessed, or
sold in contravention of the Act or the rules made
thereunder.”

=1_l‘For_Upper Burma' Rules see Circular No. 14 of 1889, page 48 infrT
T Judicial Department Circular No. it of 1888, wide page 5 supra.
(so)
. No. 5 of 1889.
To Commissioners in Lower Burma, No. 463-63P., dated the 21st January 1889.
I AM directed to invite a reference to this office letter No.
_ _ 521-660, dated the 18th August 1886, con-
bycégyg%¥égfsps cerning the conditions under which Civil
Officers are entitled to call for the aid of the
Military authorities.
2. lam to say that except in cases of urgent necessity,
in which immediate action without reference to headquarters
is necessary, Civil Ofﬁcers must submit applications for mili-
tary assistance to this ofﬁce for the Chief Commissioner’s
orders, and must not request Military Oﬂicers to move troops
except with the Chief Commissioner’s sanction.
3. Copies of this letter have been sent to Deputy Com-
missioners direct.
\
No. 6 of 1889. '
To Commissioners in Upper Burma, N 83-20 (Police), dated the 8th February
.I 9-
I AM directed to invite a reference to my letter No. 123,
Murder of head- dated the 7th August 1888, concerning the
meﬂby dacoits- murder of thugyis and village headmen by
dacoits.
2. The returns received in compliance with the request
contained in that letter indicate that compensation to the
families of headmen and other ofﬁcials who have lost their
lives on account of their loyalty to the Government is seldom
paid. It is clear that it is befitting for the Government to
encourage its ofﬁcers in the performance of their duty, and to
let them know that if they fall victims to outrage their families
will be cared for. I am therefore to request that in all cases
in which thugyis or other local ofﬁcials are murdered on
account of their loyalty to Government, proposals for paying
compensation to their dependent relatives, if any, may be sub-
mitted. These ~instructions do not apply to cases in which
the motive of the murder is private revenge or plunder.
N o. 7 of 1889.
To the Inspector-General of Jails, Burma, No. 781-114}, dated the 28th February
1889.
I AM directed to invite a reference ..to this oﬂice letter No.
. 335-15]., dated the 12th July 1882, in which
APP?al§ Py Pr“ certain changes were ordered in Rules 297
Sonersmlal' and 298 of the for] Mgqgqaﬁ The rules as
(are)
amended in 1882‘ provide that prisoners in jails desiring to
appeal shall be supplied with a printed skeleton form in which
various grounds of appeal are set forth. This p;actice is not
required by law and the Chief Commissioner considers it ex-
pedient that it should be discontinued. He accordingly
directs that the following rules shall, be substituted for Rules
297 and 298 of the “fail Manual :—~ ~
Rule 297.-—-No petition of appeal from any prisoner shall
be written except on the order of the Superintendent of the
Jail, who will supply the prisoner with pen and ink and allow
him a suitable place and ﬁx a time for preparing it.
Rule 298.——¥Petitions for copy of judgment and petitions of
appeal from prisoners in jail, who are unrepresented by friends
or legal advisers, and who are unable to write their own peti-
tions, shall be prepared by a jail official. No fee shall be le-
vied for preparing such petitions, which may be in English or
Burmese as is most convenient. A prisoner shall be at liberty
to present his petition to the Superintendent of the Jail, who
shall thereupon forward it to the proper appellate authority.
The Superintendent shall note on the petition the date of pre-
sentation, and shall give notice of the presentation of the
appeal to the Judge or Deputy Commissioner from whose
judgment the appeal is made.

Dated the 28th February 1889.
COPY of the above forwarded to the Judicial Commissioner,
Lower Burma, to Commissioners and Deputy Commissioners
in Upper and Lower Burma, and to the Inspector-General of
Police for information.
No. 8 of 1889.
THE following papers are circulated for
the information of ofﬁcers concerned :—
(I) The report of a Committee a'ppointed by the
Bengal Government to discuss the questions in—
volved in, and to elaborate rules for, the release of
criminal lunatics.
(2) Rules for the guidance of Executive and Judicial
Ofﬁcers in dealing with criminal lunatics.
(3) Principles on which the local Government will act
in disposing of the cases of criminal lunatics sent
up for" orders under sections 466, 471, 474, and
475 of the Criminal Procedure Code, 1882,
Criminal lunatics.
(22)
2. The report of the Bengal Committee is published in
order to make clear the object of the rules. The. suggestions
made in Part III of the report for employing criminal lunatics
transferred to a jail as jail-warders have not been adopted, be-
cause the majority of criminal lunatics in Burma are Burmans
and not ﬁtted for employment as warders. The Committee of
Visitors of the Rangoon Lunatic Asylum have expressed their
approval of the rules. It is requested that these rules may be
followed in future in dealing with cases of criminal lunatics.

~—
No. 423-104L.L., dated the 18th March 1889. ’1
CIRCULATED to the Judicial Commissioner, the Recorder,
the Inspector-General of Police, the Inspector-General of Jails,
Commissioners and Deputy Commissioners in Upper and
Lower Burma and the Chairman of the Committee of Visitors
of the Rangoon Lunatic Asylum Committee.
—_-n-_uo_
I.
Report of the Committee appointed in Government of Bengal Resp-
lution (mean!) of the 21st October 1887, to discuss the questions
involved in, and elaoorate rules for, the release ‘of Criminal
Lunatics.
THE purpose for which this Committee has been appointed is to
investigate and discuss the issues involved in the
important question of the disposal of the large and
increasing class of criminal lunatics conﬁned in
the asylums and jails of Lower Bengal, with a view to elaborate rules
of procedure which may in future be recognized by Government and
regularly followed when each case is taken up, considered, and dealt
with separately.
2. The question can be most appropriately discussed in three
' ELSPCClIS—~(I) the legal, (2) the medical, and (3)
thghaiitigipeds 0f the administrative—and the main issues involved
q ‘ are justice to the individuals constituting this class-
of prisoners, econqmy, and the public safety.
THE LEGAL ASPECT.
Duties of t h e
Committee.
3. Three Acts of the Governor-General in Council must be con-
_ , sidered in treating of this subject. Act V of 1871
All? emfxs$mrgf is applicable only to persons detained or imprison-
,87I)_ ed under order or sentence of any Magistrate or
Court, when they become insane while undergoing
a term of imprisonment. Practically, therefore, it is applied only to
prisoners who become insane during their incarceration in a jail.
Under this Act the insane prisoner may be removed from jail to a
lunatic asylum, and be there detained until his recovery or the expiry
(as)
i
of his sentence, whithever occurs ﬁrst. If he recovers from his in-
sanity before the expiry of his sentence, he must be remanded to the
prison from which he was removed, where he will undergo the re-
mainder of his sentence and then be discharged in the usual manner.
If his recovery and the expiry of his sentence occur simultaneously,
he is discharged directly from the asylum. If, however, a medical
ofﬁcer certiﬁes that he cannot with safety to himself or others be
so discharged, the local Government may order his further detention
in a lunatic asylum under the provisions of Act XXXVI of 18 58.
4. The Committee is of opinion that the safety of the public is
_ _ not sufﬁciently guarded by the provisions of this
Pulahclsafety ‘2' Act (Act V of 1871). Here no distinction is made
Zgfﬁclenty guar ' with regard to the nature of the offence, nor are
' the medical history or mental attitude of the pri-
soner while under 0bservation,sufﬁciently considered. The prisoner
may be a person suffering from recurrent mania; he may have been
tried and sentenced during a lucid interval for a crime which may be
an offence against the person, he may then have a relapse while in jail,
be transferred to an asylum where he may make a speedy recovery, be
remanded to jail, and then released on the expiry of his sentence,
which may be very soon, without any further period of probation.
Here everything is practically left to the discretion of the medical
ofﬁcer of the asylum, who may not have all the evidence necessary
for a matured judgment before him; and it is evident from the sam-
ple cases which were placed in the hands of the Committee that all
medical ofﬁcers do not regard with the same gravity the risks in-
volved in the release of recovered lunatics.
5. In these cases the disposal of the lunatic would have been re-
gulated in a very different way if he had been conﬁned under the
provisions of Act X of 1882 instead of Act V of 1871, which dictates
more stringent rules for the safety of the public than the latter does ;
and it cannot be regarded as right that such an important matter
should be left to the accident—Whether a dangerous person is con-
ﬁned under one Act or under another. The Committee is not aware
whether any misadventures have occurred as the result of the release
of recovered lunatics under Act V of 1871 ; but if they have not, it
must be considered as due to the fact that the number of criminal
lunatics brought under the provisions of this Act is very small.
6. Act XXXVI of 1858 applies only to non-criminal lunatics and
to prisoners whose sentences have expired while
ACt XXXVI °f under conﬁnement in an asylum under the provi-
{858' sions of ActV of 1871, and who are detained there
after the expiry of their sentences in consequence of a certiﬁcate
from a medical ofﬁcer that such detention is necessary for the safety
of themselves or others.
7. When the local Government so orders the detention of a luna-
tic prisoner after the termination of his sentence,
he is transferred to the non-criminal list, and the
question of his subsequent release is regulated by
the provisions of section 9 or 10 of Act XXXVI of 1858. Under
section 9 it is lawful for three of the visitors, one being a medical
Discharge under
section 9.
( 24 )
ofﬁcer, to order the discharge of any (non-criminal) person conﬁned
in an asylum, and such person is thereupon dis-
charged. Under section 10 a lunatic may be dis-
charged by order of the Magistrate under whose authority he is
detained, on security, after communication with the visitors, or one
of them, he being a medical ofﬁcer.
8. The release of a recovered criminal lunatic under these provi-
sions is better safeguarded than is that of those who are discharged
under the provisions of Act V of 1871 ; but it would be well if such
cases were treated on the same lines and with similar precautions as
those of the same class who are conﬁned under Act X of 1882, whose
release does not involve, as a matter of fact, diffErent risks.
9. Act X of 1882* is the Act under which the great bulk of
the crininal o ulat'o of lunat'c l ’ _
Act X Of1882_ ﬁned. ‘ P P 1 n 1 asy ums 18 con
Section 10.
10. The ﬁrst section which comes under consideration in this
connection is section 466, which details the proce-
dure with regard to accused persons found to be
of unsound mind and incapable of making their defence. Here the
_ procedure varies according to the nature of the
Ballablcand non“ offence. If it be bailable, the Magistrate may
bailable offences' release such person on security. If it be not bail-
able, or if the required bail be not given, the accused person must
be detained in jail [nia'e Government order No. 2687P. (Jails), dated
the 22nd August 1837], until the orders of the local Government
are obtained. The local Government, if satisﬁed that he cannot safely
be released without security, orders his detention in a lunatic asylum
or other suitable place of safe custody.
11. The Committee is clearly of opinion that this division of
criminal lunatics into two classes, receiving different treatment in
accordance with the accident whether the offence of which they are
accused is bailable or not bailable is not commendable. This
opinion will be justiﬁed at once by a reference to a list of bailable
offences. Among these we ﬁnd the following included :---Causing
death by rash or negligent act (304A), attempt to commit culpable
homicide (308), voluntarily causing hurt (323), voluntarily causing
hurt by dangerous weapons or means (324), voluntarily causing
grievous hurt (325), and doing or causing hurt, or grievous hurt by
any act which endangers human life or the personal safety of others
(336, 337, 338). The distinction between bailable and non-bailable
offences is, we submit, founded on the assumption
Distinction not that the offender exercises a certain amount of
alpphcable to 1“"a' discretion and restraint in the choice of the means
has“ and degree of force used by him in committing the
offence. Thus voluntarily causing grievous hurt (325) is bailable, but
voluntarily causing grievous hurt by dangerpus weapons or means
(326) is not bailable. To apply such distinctions to the 1rresponslble
actions of lunatics is not, we think, reasonable, and they ought not to
Section 466.


9* Act X of 1882 supersedes Act X of 1872, Act of 1375, and Act IV of 1887,
under which Acts criminal lunatics were conﬁned prior to 1882. .
(25)
be made the ground for dividing criminal lunatics into two great classes
of which one is let loose on society on the very unsafe security of a
relative or friend, and the other conﬁned for an indeﬁnite period
within the walls of an asylum. We wish clearly to submit that in
the case of an insane person, the crime which he may happen to com-
mit, or whether he commit a crime at all, is always more or less
fortuitous. The character of the offence has often little bearing on
the question of the propriety of releasing a lunatic on security or not.
The two most dangerous lunatics which one of the members of this
Committee has ever had to deal with were men who were com-
mitted, one for petty theft and the other for simple house-trespass.
Had either of these men been released on security and exposed to
the provocations which assail lunatics in their native villages and
houses, there is little question but that they would ere long have been
re-apprehended on graver charges.
12. When a lunatic commits a crime, he does so suddenly, blindly,
and without reﬂection. The offence bears no relationship to provo-
cation, temptation, or motive such as constitute considerations in
dealing with sane persons. A lunatic and a boy are together in a
boat; the boy annoys the lunatic by moving about
when the latter wishes to go to sleep. The lunatic
may either simply “abuse” the boy, or he may rise, seize a bamboo,
and smash in his head, and then quietly lie down and go to sleep.
The procedure which he happens to adopt on this 'provocation ought
not to form the basis on which his case should be dealt with when
it comes up for disposal. The lunatic is really equally dangerous
whether he has, on this occasion, simply made use of abusive language
or committed murder.
13. The whole circumstances surrounding a lunatic’s crime are
accidental. He seizes the ﬁrst weapon that comes to hand, without
considering whether it is lethal or not, and he applies it to a part and
with a force which are not guided by intelligence and have no relation-
ship to cause and effect. If it happens to hit the crown of the head,
the case is one of murder or grievous hurt. If it miss the head and
come on the shoulder, it may cause only a bruise and be simple hurt;
but the mental aspect of the lunatic is the same whatever the weapon
or the result.
14. It is no doubt true that Magistrates do not always act strictly
_ in accordance with the provisions of the Acts now
Ma lstrate and under discussion. They often, and we presume
Sgggleurgeofngflfﬁ always in doubtful cases, take the opinion of the
judgment, Cml Surgeon on the question of the safety of re-
leasing a criminal lunatic on security ; but the Magis-
trate and the Civil Surgeon are not always in possession of the facts
necessary for a trustworthy opinion on such a difﬁcult and import-
ant subject ; nor is it likely that they are always sufﬁciently alive, in
the hurry of the moment, to all the points which should be carefully
considered before arriving at a conclusion ; and yet on their decision
the public safety depends.
15. It must also be admitted that even when all the facts are be-
fore them, the recommendations of the Magistrate
and Civil Surgeon are not always judicious. Sam.
4
Instance.
Instance.
§
(26)
ple case No. IX illustrates this want of ability to gauge the risks
involved in such a decision. Ram Newari Katak was a profes-
sional singer or reciter. His father had committed murder while
in a state of temporary insanity. While engaged in a performance,
Ram Newari suddenly seized a sword, ran amuck among the audi-
ence, and severely wounded one man before his career was arrested.
He was tried and acquitted on the ground of insanity, and his case
was sent up to Government with a recommendation, both by the
Magistrate and Civil Surgeon, that he should be released uncon-
ditionally. The Civil Surgeon based his recommendation on the
man being, like all men of his profession, of highly-strung and excitable
nervous system. Yet this was a man with an hereditary taint of in-
sanity, with an unstable nervous system probably (though this does
not appear) steeped in ganja—a favourite stimulant Withpeople of
this class-—and who had given the most unmistakeable evidence that
he was unable to control his actions. Government happily did not
act on the recommendation, but remanded the accused to an asylum,
of which he has since been an inmate for 10 years.
16. It is clear that if such an opinion is possible in so obvious a
_ case as the above, there can be no guarantee that
, Ne°e.551ty Of “1165- the action of Magistrates is more judgmatic in more
or guidance of . . .
Executive 0415mm obscure instances, and we th1nk that public safety
requires that rules should be laid down for the
guidance of Executive Ofﬁcers in dealing with criminal lunatics when
they come before them under section 466 of Act X of 1882, because
with them lies the discretion of remanding persons to an asylum in
bailable cases, or of releasing them on security, and their judgment
is then just as important for the public safety as is the question of
the release of a lunatic from an asylum by Government under the
subsequent sections of the same Act.
17. The next epoch in the history of a criminal lunatic is the pro-
cedure adopted when he is declared by the visitors
of an asylum or Inspector-General of Jails, as the
case may be, to be sane and capable of making his defence under sec-
tions 473, 468, and 471 of Act X of 1882.
18. The usual procedure under these sections is as follows.
The visitors at a meeting certify that in their. opi-
nion the prisoner is “now sane and capable of
making his defence.” This certiﬁcate is not accompanied by any
statement regarding the safety of discharging a lunatic on security
or otherwise, or by any recommendation of any kind. The bare
certiﬁcate of the visitors that the criminal is ﬁt to stand his trial
is forwarded to the local Government, which communicates it to the
Magistrate on Whose ﬁle the case is pending, who arranges with the
Superintendent of the asylum the date when the man shall be sent
up for trial. He is tried under section 468. Under
section 471 he is usually acquitted on the ground of
insanity, and the Magistrate reports the case for the orders of the local
Government. In a large number of cases the local Government orders
_ such persons to be kept in safe custody in a lunatic
Se‘étwn 47" asylum under the same section, but a considerable
Section 473.
Procedure.
Section 468.
(27)
number of cases are not so treated, and we find, in one asylum alone,
that 26 recovered criminal lunatics were sent up for trial during the past
10 years, and were not again heard of by the asylum
authorities. We are of opinion that this proce-
dure is also open to the grave objections stated
above. Neither the Court which tries the case nor the local Govern-
ment is in a position to judge whether any indiwduafso Situated
ought to be remanded to an asylum or to a jail, or be delivered over
to the care and custody of a relative or friend under section 475.
They are not in possession of the facts which are necessary for the
formation of a correct estimate of the risks involved. All that they
irnow is that the criminal was accused of an offence, but. was found
incapable of making his defence; that he was conﬁned in a lunatic
asvlum for a certain Period of time, during which he was declared in-
‘ sane at each of the half-yearly meetings of the
Sulﬁde” 6 Vi' visitors; and that he was at last declared by them
gixrsgfegtfafore to be capable of making his defence. But what
may have been the type of his insanity while un-
der observation in the asylum—whether he was merely eccentric or
showed homicidal tendencies; whether he was subject to periodic
relapses of violent mania—is not known either to the Court or to the
local Government. In only a certain number of instances are they
cognizant of the cause of insanity, and they are thus often dealing
with a case in which this important factor is unknown. They act
only on the simple certiﬁcate of the visitors that the man after a
period of observation is at last, and it may be only temporarily, capa-
ble of pleading that he was insane at the time he committed the of-
fence. Neither then nor in their previous half-yearly reports do the
visitors convey any information as to the mental attitude of the pri-
soner. Their reports are conﬁned to the bare statement that he_ is
still insane and incapable of making his defence. All that the .VISI-
tors imply by their fiiial certiﬁcate is that the prisoner has sulﬁment-
ly recovered to be able to plead insanity, so that his name may be
removed from the Magistrate’s ﬁle of pending cases. And to call
upon the prisoner so far is the only action which can be safely taken
on the visitors’ report as it is now submitted, either by the Magis-
trate or the local Government. The question of the disposal of the
recovered lunatic is another one which ought to be decided on
grounds altogether apart from that of his ability to plead, and these
grounds are not before the Magistrate or the local Government when
he is sent up for trial. ‘
19. The time spent by a recovered lunatic, after regaining his
sanity, before he is brought before the visitors, is probably on an
average about three months. The time occupied in arranging preli-
minaries, from his being declared sane till his discharge to stand
his trial, varies from one month to fourteen, the average being four
months, making an average period of altogether only seven months
of apparent sanity before the man leaves the asylum. This is ob-
viously quite an inadequate test of the permanency of his apparent
cure, and is none at all of his power to resist the temptation to return
to his ganja habit or other vice.
'Open to objec-
tions.
\
(28*)
20. The following instances illustrate the risks which we point
out :—-A man aged 22, suffering from melancholia,
commits murder in 1874. He remains insane for
six years, and has a short lucid interval in 1880, after which he again
continues insane for three years. In March 1883, after a period of
nearly nine years’ almost continuous insanity, this murderer is de-
clared capable of making his defence. He is discharged for trial in
the following month and not again heard of. Another case of melan-
cholia and murder is admitted in 1875, recovers, but has relapses in
1876 and 1877, is declared ﬁt for trial in October, and discharged for
that purpose in December 1878, and is lost sight of. Similar cases
are numerous.
21. Neither the Magistrate nor the local Government, in dealing
with these two cases under section 471, were in a position to know
that they had to do, in the ﬁrst instance, with a conﬁrmed lunatic
brought before them in a lucid interval, or, in the second, with a man
subject to annual relapses. Had they been aware of the medical
histories thus shortly detailed, both men would unquestionablyhave
been returned to the asylum for a further and lengthened period of
observation before ﬁnal action was taken.
22. Visitors in forwarding their opinion that the lunatic can now
plead, do not contemplate that ﬁnal action will then be taken in the
case ; otherwise they should be careful to accompany it by a recom-
mendation, or a warning, as the case might be.
23. The ﬁnal proceedings affecting the history of a recovered
_ criminal lunatic are those which are taken under
Seamus 474 and sections 474 and 475 of ActX of 1882. The Com-
475' mittee hope that they will be able to submit rules
which will enable the Government to decide on the numerous cases
now awaiting disposal under these sections.
24. From the sample cases forwarded to them, it is clear that the
_ main difﬁculty arises from the fact that in most the
Cause Of d‘m' data necessary for the decision are not contained
culty. . .
in the papers before Government. The essential
materials for forming a decision are the medical history of the case
while under observation, the probable cause of insanity, the age and
physical condition of the prisoner and the social and physicalstate of the
person offering security. The bundles before Government rarely cons
tain any allusion to these points, and the Committee were conscious,
in going over these bundles, of the impossibility of giving any decid-
ed opinion on the disposal of many of them in the absence of such de-
tails. The Commission contemplated in section 474
was no doubt devised to meet this difﬁculty by a
local enquiry into all the circumstances; but the
appointment of a Commission under this section seems to have fallen
into comparative disuse, in consequence no doubt of the feeling that
in most cases their enquiry could not be otherwise than formal, for
from the constitution of the Commission it must usually consist of
the same individuals who had already expressed their opinion as
Visitors of the asylum. It would practically amount to appointing a
Instances.
Special Commis-
sions.
(29.)
Committee to review the work of the same individuals in a slightly
different capacity.
2.-—-THE MEDICAL ASPECT.
25. A consideration of the issues involved from the medical point
of view renders it apparent that all kinds of lunacy cannot be dealt
with under a uniform plan; but it will serve to show that the cases can
be grouped into classes which vary in degree and kind of risks, to meet
which rules can be formulated for the guidance of those with whom
lies the ﬁnal disposal.
26. Insanity is a symptom of disease, or rather of a group of
diseases of the organ of the mind, and its dangers and prognosis
(on which safe recommendations for the disposal of patients mani-
festing these symptoms-depend) vary with the form or type and
cause of insanity, the degree and manner in which the affected organ
is involved, and the age and physical power of the patient. We feel
strongly impressed that these must form the only reliable basis on
which action can be safely taken.
27. The point of most importance in the question of the propriety
Liability to re- of releasing a recovered criminal lunatic is that of
lapse most import- the probability of his recovery being permanent.
ant- It must be premised that in no case can an abso-
lute assurance be given that a man, who has once been insane, will
never become insane again. The same or similar causes which
determined his insanity in the ﬁrst instance are capable, when acting
together, of causing a recurrence of the same effect at any more or
less remote period. An instance is within our experience of a man
who was a non-criminal inmate of an asylum for a few months in 1870
who remained to all appearance sane for 16 years, and committed a
murder in 1887 under an illusion of sight. This, however, is a very
exceptional occurrence, and no practical rules could be formulated
which would exclude the possibility of such a calamity under their
working. To attempt to do so would be equivalent to forbidding
the release not only of recovered criminal lunatics altogether, but of
non-criminals also, and to condemning them to imprisonment for life.
In the vast majority of cases, as is proved by experience, such a
policy would be not only cruel, but unnecessary. Experience shows
that a very large proportion of recovered criminal lunatics can be re-
leased with almost absolute safety, and the selection of those who
can, and those who cannot, be so released rests almost entirely on
medical grounds.
A“ lunatics not 28. All criminal lunatics are not equally dan-
equally dangerous, gerous. It behoves us to know which are most so.
29. In Indian asylums the most dangerous are those suffering (I)
' from acute mania and (2) melancholia. The maniac
is the most dangerous while his mania lasts, but
the melancholic is the most untrustworthy. The
advent of an attack of acute mania is presaged by signs easily re-
D an g e,- s of cognized by those familiar with insanity, and the
mania and melan- patient can be segregated and treated before his
°h°1ia Contrastedi paroxysm comes to a height ; but the melancholic
Inﬂuence of type
of insanity.
(30l-
gives no warning; he broods for months or years over his fears, his
sorrows, or his fancied injury, and his outburst is unpresaged, sudden
and violent. Under acute or chronic mania the offences committed
may be murder, grievous or simple hurt, mischief, arson, theft ; but
the crime of melancholia is murder or. suicide. Again, acute mania
is of short duration, and it results either in permanent recovery or in
chronic mania, usually of a cheerful, happy kind, with little liability
to relapses of violence, except when the cause is one which has so
seriously undermined the mental constitution. In melancholia, on
the other hand, the causes are generally of this latter nature, the
progress is slow, and the permanency of the result is long uncertain.
30. It follows from such considerations as these that different.
Different rule 5 rules must be applied to a criminal lunatic recover-
required for differ- ing from an attack of mania, and to one who has
ent risks- apparently recovered from melancholia. The for-
mer (acute mania) need not be detained very long in an asylum after
- his recovery, but his power of resisting temptation should undergo a
prolonged probation before he is ﬁnally released. The melancholic,
on the other hand, is probably best treated throughout, and for a long
period, in an asylum.
3:. In chronic mania everything will depend _on the cause and on
Risks of Chronic the mental attitude of the pat1ent during the con-
mania‘ tlnuance of 1115 1nsan1ty. If the cause IS hereditary,
he will be liable to relapses, and should be detained
for a lengthened period for observation in an asylum. If it is ganja,
he should be kept a comparatively short time after his recovery in an
asylum, and undergo a long period of probation in a jail. Many such
whose habitual attitude is one of cheerfulness and eccentricity (by far
the most common variety of chronic mania in Bengal), might be re-
leased without waiting indeﬁnitely for their recovery, if they have
never shown any aggressive symptoms, and are capable of earning a
livelihood for themselves, as a great many of them are, or if they have
friends in a position to offer satisfactory security for them. Similarly,
Chronic demen‘ cases of chronic dementia, winch are hopeless and
tia_ harmless, may often be released, but generally only
on security as they are rarely in a condition to earn
a livelihood or to take care of themselves. If, however, they exhibit
mischievous or ﬁlthy propensities, as those suffering from chronic
mania and chronic dementia often do, the expediency of releasing
them even on security is very doubtful. One cannot forget what the
npusage of such ordinary fate of such a lunatic is. It is the life of
lunatics in th ei r a dog; he is starved, beaten, and bound in chains.
homES' It is in this respect that the question of a social
and a physical condition of the lunatic’s friends is so important. In
some cases security for a tall, stalwart maniac is offered by a feeble'
old grandmother, his sole guardian. If the relatives of a lunatic suf-
fering from chronic mania or chronic dementia are well-to-do, and
may be trusted to take really proper care of him, he is no doubt bet-
ter with them than in an asylum ; but if they are poor and have not
the means to care properly for him, one would shrink from consign-
(31)
ing him to a fate similar to that of many such unfortunates scattered
over Bengal—~perpetuaf‘chains and ill-usage.
32. We have already touched on the inﬂuence which the cause of
insanity bears to this question. It may be said
that the causes which produce the deepest and
most lasting disorders of the mental functions are
hereditary and emotional. Insanity, so originating, is likely to be
Hereditary and more lasting and more liable to recur, without ap-
emoﬁonal causes parent reason, than when the result of other con-
have most perma- ditions. Such cases should therefore be detained
"ent BEECtS» for relatively longer periods in an asylum than
others. On the other hand intoxicants (such as
ganja, alcohol, and opium) have more transient ef-
fects, unless their use has been very long continued.
Such cases recover speedily, and long detention in an asylum for ob-
servation and treatment is unnecessary. Relapses, without fresh ac-
cess to the drug, is not likely to take place. On the other hand, they
should be subjected to a certain period of probation, with access to
bazaars, before being ﬁnally released.
33. Another important consideration in deciding such a question
as the release of a recovered criminal lunatic is his
age. Insanity in its dangerous forms is especially
a disease, of youth and middle age. The number of men who become
insane after 40 is small, and after 50 very small. There would there- _
fore be comparatively little risk cazz‘erz's parz'bus in releasing a man
And phy S i C al of 50 compared With that of discharging a man of
ccnditiom 30. His phySical condition may also be consrdered,
a man who has grown old and feeble as a trusted
_ inmate of an asylum might, with comparative safety, be allowed to go
and end his days among his people, under circumstances that would
debar a lusty young man from release.
34. The following summary will be found useful as the ground-
General 5 u m. work on which all safe recommendations regard-
mary of medical as- ing the release of criminal lunatics who have ex-
Pect- hibited violent tendencies should be based :--—
(I) Acute mania—-
(a) When the cause is ganja or other intoxicant, relapses, if
A _ any, occur early in the history of the case, and
to gigging?“ due cease after a time; otherWise they do not
' recur except as a consequence of a return to
the same exciting cause.
(6) When the cause is heredity, and in cases in which it is not
When due to known, or of a moral nature, relapses are
liable to recur after long intervals of sanity
other causes. - - b
extending to ﬁve or Six years.
(2) Chronic mania may be primary or secondary to acute mania.
Chronic m ania ‘ In all cases of chronic mania in which relapses oc-
with relapses gener- our and the cause is known it has been found to
any due t0 ganla- be ganja, either alone or in association with other
causes of insanity, such as'alcohol or heredity. Relapses, if any,
. Inﬂuence of cause
of insanity.
Intoxicants more
transient.
Inﬂuence of age.
(32')
occur in quick succession early in the history. These cases either
Two varieties of (a) recover permanently, 61"" so long as they abstain
chronic mania- from ganja; or (6) they pass into a condition of
cheerful. chaeromania, characterised by eccentricity, hilarity,
and with delusions of well being. If released, they are often able to
earn a livelihood for themselves, may be allowed to roam at large, and
are not easily roused to violence. To this class belongs the great
majority of those guilty of petty theft, house-tres-
pass, mischief, &c., with Whom the offence is a mere
accident or episode of an otherwise non-criminal career; or (0) they
become irritable, quarrelsome, destructive, mischievous, actively in-
decent, and easily provoked to violence. These latter are very un-
trustworthy, and their long detention in asylums is the chief cause of
the steady increase in the criminal population of these institutions.
It released, they are generally chained up in their own homes on ac-
count of their destructive, quarrelsome, and indecent habits.
(3) Melancholz'm—Ganja never appears as a cause of melancholia.
h 1. It is always, when cause is known, found to be due
Melanc 0 12: to heredity or to moral causes deeply affecting the
always due to emo _ _ _ e
tional causes. mental functions, such as anXiety, grief, losses, law
suits, or jealousy. These cases are consequently
characterised by long periods of mental depression with relapses, if
any, at intervals ranging up to perhaps 10 or 12
years between the dates of a ﬁrst and second
attack, with, in the meantime, lucid intervals which may last one,
And uncertain two, three, four, or ﬁve years. They are slow to
result wrath, but when roused their acts are sudden,
violent, and uncontrolled.
(4) Dementia is generally chronic and secondary to one of the fore-
going types of insanity. Patients pass from a
state of chronic mania or melancholia into one of
chronic and hopeless dementia, characterised by list-
lessness, apathy, passive ﬁlthiness, and careless indecency. They are
not easily excited to acts of violence, and they are rarely capable of
earning their own livelihood. When released, they are usually kept
chained up or beaten and starved in their own homes on account of
their cunning, mischievous, ﬁlthy, and indecent habits.
35. From this summary certain common-sense principles are
evolved with ease. Cases included in class I (a) (acute mania due
Pr. . to ganja) need not be kept longer in an asylum
morples of treat- . .
ment_ than is necessary to show that the period of ten-
_ dency to relapse has passed over. This may be
Acute mama due put at three—certainly over two—years from the
And irritable.
Of long duration.
Dementia gene-
rally secondary.
to ganja' date of recovery from their last attack. They
D etent ion in should, however, be subjected to a long period of
asylum Show probation, three years of which should be in the
grade of paid warder with the use of money and access to the
In .ail Ion bazaar, so that their povf‘er of resisting temptation
J g° to indulge in ganja, &c., may be put to a severe
test before their ﬁnal release. Such a man should be kept in the
grade of unpaid overseer only so long as to enable the Jail Superin—
(as)
tendent to gauge his ﬁtness for promotion to the post of paid
warder. “ ‘ ' “
~Those included in class I (6) (acute mania not due to ganja) should
be kept longer in an asylum, because their natural
Acute mania not tendency to relapse is greater, say, four years;
due t°gan1a- and their further period of probation should, we
D et 6 n t i o n in think, be four years, of which two should be spent
asylum longer, in in the grade of paid warder. Here the object is
jail shorter. twofold—to extend the time of observation con-
siderably, and to afford a fair test of the power
to resist temptation, should drugs have been by any chance an un-
. known element in causation, while at the same time the permanency
of the cure is favoured and assured by returning the patient gradu-
ally to the world.
Those in class 2 (a), z'.e., those who have recovered from chronic
_ _ mania, should be treated in the same way as those
regggigéc mama in class I (a) or I (6), according as the cause is
' ganja or not.
‘ Those in class 2 (6) may be released after they have passed six to
Unrecoverei ten years in an asylum without showing any mark-
ed irritability or aggressive symptoms. Certain
May be released selected cases, namely, those who may be con-
When Of the Cheer' sidered capable of earning a livelihood for them-
fultype' selves, may be released without security after a
period varying from six to ten years, according to circumstances, of
crime, age, &c. These should never be sent to a jail.
Cases in class 2 (a) should not be released at all from an asylum,
exce t in advanced age and On security of a su e-
religsoégdwrzrglz a? rior ifind, which will insure their being ‘propeii'ly
’the irritable type, cared for and prevented from doing injury to
themselves or others.
Cases in class 3, being specially dangerous and liable to relapses
at remote periods, ought, we think, to be detained
in an asylum for six years after apparent recovery.
Lo ngpmbaﬁon If then still under 40 years of age, and therefore
in asylum. still liable, as experience shows, to relapses, it
would be imprudent to release such a patient, ex-
cept on security of the most efﬁcient character. If over 40 years of
age, relapse is less likely to occur; but keeping in
mind the long periods that may pass before a re-
currence of melancholia, it would still be advisable to release him
only on security; but under favourable circumstances it might some-
times'be dispensed with. Cases of melancholia should not be sent
for probation to jail. To them jail discipline would probably bepre-
'udicial. , -
J lf instead of murder the crime of the melancholic be attempt to
_ , commit suicide, his deineanour while in the asylum
mgrégnuer aidodgé would be the chief consideration ; especially if his
considered, detention there has been long-continued, and his
behaviour quiet and trustworthy for a number of
5
Melancholia.
Security required.
~ (34)
years, he might be released at a considerably less age, according to
the individual circumstances.
Melancholics should not, as a rule, be released during the continu-
ance of their insanity in that form. But if the
melancholia is of long duration, it often passes
gradually into the next kind of insanity (dementia),
and the case would thus at last come to be con-
sidered under that head.
The question of releasing patients in class 4 must be decided on
_ the merits of each. If the dementia is slight, the
Dementla' mental attitude quiet and inoffensive, and the
May Sometimes security satisfactory, such cases may, we think, be
be released, released after a probation of three to ﬁve years in
that condition in an asylum, always giving due
weight to circumstances of age, crime, &c. These people are capa-
ble of being useful in a house or homestead, and have a fair chance
of being well treated and looked after.
If the dementia is very pronounced, cases in this class can only be
_ properly and humanely treated in an asylum, ex-
NOt 5° m bad cept when the relatives are in a good social posi-
cases' tion, and in that case they will generally prefer to
pay for the maintenance of the lunatic rather than take him home.
36. Under the above headings will be included nearly the whole
criminal population of lunatic asylums in Bengal.
There is only one special class which is worthy of
separate notice. We refer to those suffering from epileptic insanity.
Every epileptic is liable to exhibit violent and dangerous symptoms,
especially immediately after an epileptic seizure, and may remain
perfectly quiet, sane, and rational until his next epileptic ﬁt, when
he again exhibits for a few hours or days violent, and perhaps hOlﬁi-
cidal, tendencies. It is obvious that a man who has committed an
offence against the person, and shows irritability or violence after
his epileptic ﬁts, cannot safely be released from an asylum until
there is a reasonable hope that his epileptic habit has been permanent-
ly overcome. ,On the other hand, insanity due to the pregnant or puer-
, peral states is not liable to recur except under the
O that spec'al same conditions of health; and insanity due to
forms‘ the climacteric period, and that which is consecu-
tive to fevers, visceral inﬂammation, &c., has no tendency to re-
appear. In Indian asylums epileptic insanity is of frequent occur-
rence, but the other varieties just mentioned are rare, and “general
paralysis of the insane f’--a very frequent condition in European
asylums—sis practically unknown among the natives of India.
When such cases occur, their peculiar features will no doubt be pro-
minently brought forward by the Superintendent of the asylum for
the guidance of Government in dealing with them.
37. As regards those who have never exhibited aggressive symp-
toms during any period of their medical history (the non-homicidal
cases of the Government Resolution), we agree in thinking that such
long periods of probation are not called for as in the case of those
criminal lunatics who have been. guilty of offences against the person,
Should not be re-
leased while still
melancholy.
Epileptic insanity.
(35)
or have shown themselves to be violent and intractable while under
observation in an asylum. The type of lunacy usually exhibited by
these cases is chronic mania, dementia, or imbecility, and their crimes
are generally_theft, house-trespass, and mischief. There is, from a
medical point of view, little difference between
them and ordinary non-criminal lunatics, and we
would be inclined to dispose of them in much the
same way as non-criminal lunatics. Their committal is more or less
accidental—~sometimes a device of relatives to rid themselves of a
troublesome charge—and their offence itself may be regarded as a
mere episode in an otherwise non-criminal career. Their fellow-
inmates of the non-criminal list have probably many of them been
guilty of the same crimes, and are just as likely as they to commit
similar offences if released under the provisions of Act XXXVI of
1858. The non-criminal lunatic has had the fortune not to be arrest-
ed and brought before a Magistrate, but his mental attitude and pro-
clivities are the same.
38. We accordingly think that cases of this nature should be de-
tained in asylum only long enough to afford the Superintendent time
to form a trustworthy opinion on their tendencies. This will depend
on the character of the evidence at his command. The information
forwarded with the lunatic in his descriptive-roll is always meagre
and generally quite untrustworthy, and a certain period for obser-
vation is always desirable; but we do not think that this need ever
exceed three years, even in cases regarding whose history nothing is
known. If during that time a lunatic accused or
acquitted of a petty offence shows no aggressive
symptoms, his case may be brought up for disposal.
Government in dealing with such instances will have to consider, as
before, the type and cause of insanity and the nature of the security
offered.“ As already stated, when the insanity is the gay and
happy variety of chronic mania, security may often be dispensed
with, as also in certain milder forms of dementia ; but in the irri-
table variety of chronic mania and in the worse forms of dementia,
the character of the security offered will be the main consideration. ,
We would, however, strenuously insist that the nature of the crime
alone cannot be accepted as ground for relaxing the rules for safe-
guarding the public from the risks of releasing criminal lunatics.
These risks can only be safely accepted when the
medical history sheet shows clearly that there has
been no tendency at any time to violence. In
every instance the cause, type and old tendency of the case must
have their due weight, and the crime must be relegated to its proper
position as a mere incident, though an important one, in the medical
history.
H a r mless crimi-
nal lunatics.
Medical history
all-important.
The crime a mere
Incident.
3.--THE ADMINISTRATIVE ASPECT.
39. We have now to consider the administrative aspect of the
question. How and where can a recovered criminal lunatic be most
appropriately put through the period of probation which may be con-
sidered necessary prior to his ‘ﬁnal release.
0
(36)
40. There can be no question, we think, that the early periods of
_ probation, after a arent recovery from insanit
pr§§£§mPi§ifg g: ought to be passeldp in a lunatic asylum, undeir'
in asylum the eye of those whose business it is, and who are
accustomed to note and treat the earliest signs of
a tendency to relapse. It is only there that such signs will be recog-
nised and properly treated. It is not an uncommon thing for
recovered lunatics to come forward in an asylum and place themselves
under treatment. They are conscious of something going wrong, of
beginning to lose control over their feelings, and they ask to be taken
care of. At such times different individuals exhibit peculiarities
which are the same on each occasion. It may be nothing more than
an alteration in manner or expression, a tendency to write with
charcoal on the walls or to submit petitions. In an asylum these
peculiarities are recognized in their proper light, and the patient is
humoured, perhaps indulged, and receives a few doses of an appro-
priate remedy, and the symptoms may pass off. Sometimes he is
removed from one occupation to another, so that he cannot injure
himself or others till he returns to his natural condition. In a jail
these peculiarities would either be unrecognized, or they might be
misunderstood and repressed, and on being more unmistakeably
manifested the Superintendent of a jail, in which the discipline is
necessarily more severe than that in an asylum, has no resource but
conﬁnement in a cell—a treatment calculated to develope rather
than tide over the incipient symptoms. a
41. It is clear for these reasons that during the development of
the medical history, while the nature of the case,
Danger Off Pfe‘ character of the patient, and the probability of .
ligature trans er to relapse are still doubtful, a recovered lunatic should
be detained under skilled observation and treat-
ment in a lunatic asylum. Examples of the danger of departing from
this salutary rule are not wanting. , An instance is on record of an
apparently recovered lunatic having been transferred to a jail within
a year of his recoverey, and there within a few months, suddenly,
without provocation or apparent warning, slaying a fellow-prisoner
with a log of wood. Had he been detained longer in an asylum,
some peculiarity would have been noted, and he would have,been
removed from an occupation where danger was possible and the
impending attack of mania possibly perhaps staved off. i
42. The period which should be spent in an asylum in this early
stage of observation will vary with the nature of
the case, but experience justiﬁes the following re-
commendations. When ganja or other intoxicants
enter as a cause, a period of three years of freedom
from excitement or relapse is sufﬁcient to remove, as before stated,
the likelihood of relapses in the absence of the exciting drug to one
of remote probability. If therefore during six consecutive half-yearly
reports the patient remains free from excitement or abnormal
irritability of temper, the propriety of transferring him to a jail may
be brought up for consideration. If, hpwever, the case were one due
to causes other than intoxicants, such a period would not be sufﬁcient
The period for
detention in asylum
will vary.
3'
( 37 )
to test the liability to relapse. Experience shows that these relapses
are not impossible up to six or even more years, and we think that,
while relapses are not improbable, such a criminal lunatic should be
detained fdr observation in an asylum, say, for four years after appar-
ent recovery.
43. This brings us to the consideration whether the whole period
of probation contemplated might not best be spent
in an asylum. We see no reason why, as suggested
in the Resolution of the 21st of October, recovered
criminal lunatics should not be promoted to the
position of unpaid asylum overseers. The system has already been
tried in at least one, of the asylums of Bengal with satisfactory
results. Selected recovered criminals are there placed in charge of
special gangs of other lunatics working in different parts of the
asylum, in the garden, the cook-shed, the carpenter-shop, the cow-
house, the oil-mills, and with the sweepers, and they have taken the
positions of former paid servants. They are found to do the work
better and more punctually than formerly, and it has been found
possible to effect a considerable economy in the establishment which,
thus relieved to an appreciable extent of the duty of looking after
harmless inmates, can devote more care to the dangerous and untrust‘
worthy. We would, however, leave the Superintendents unhampered
by any regulations as to the selection of lunatics for these posts. In
a well-managed asylum it is not even essential that they should all
be recovered lunatics in the sense in which the word is used
throughout this discussion. Some of the most useful men will always~
be those who have been long in the asylum, subject to periodic
relapses which can always be foreseen, and as such they are obviously
unﬁt for transfer to a jail. _
44. We do not think, however, that‘promotion to the post of paid
keeper in an asyluin can be utilized so easily and with so good a
guarantee of testing permanent recovery as that to the post of paid
warder in a jail. The warders in a jail are provided with quarters
_ outside, and the recovered lunatic would live with
-D.‘ﬁlculty Of Pica them and be under the observation of a head-warder
Lneztégi to pal to whom his habits both by day and night would no
doubt be known. His falling to the temptation of
ganja or other intoxicants would thus probably be soon detected and
reported. The keepers of asylums are not provided with quarters ;
they live in their own houses in the town. The recovered lunatic, if
placed on the same footing 'with them, would also have to live as they
do, and thus practically become removed from observation during a
great part of every day and night. If, however, quarters were pro-
vided for asylum keepers, promoted lunatics could live with them and
be under just as good observation as they would be when promoted
to paid warders in a jail; but this would entail an expense which
seems hardly called for.
45. In the meantime, and in the absence of quarters for asylum
keepers, we are of opinion that promotion to the
post of paid overseer in a lunatic asylum, where
the lunatic wduld be detained Willlllle the asylum
May be ~pr’omot-
ed to grade of un-
paid overseers.
Would not con-
stitute perfect test.
(38)
every night, or be able entirely to elude observation in the town,
would not be so complete a test of his trustworthiness under temp-
tation as promotion to the post of paid warder in a jail, and it might,
even sometimes, be every dangerous.
46. When from any reason, such as the nature of the case or the
economical and efﬁcient management of an asylum,
it may be thought expedient to detain a recovered
lunatic for a long period in an asylum, and perhaps
ultimately to discharge him direct from the asylum (as, for instance,
when he has learned a handicraft and there is no one in the asylum
_ to replace him), some special liberties might in the
Undf'r Cfifta ‘ n last year of his contemplated detention be awarded
regulations, 5 ug- h. . ,
gested_ im, such as liberty to leave the asylum during
non-working hours up to 10 RM, With pay propor-
tionate to his requirements after deducting the cost of his food in‘ the
asylum.
47. As we have said, we think that, when the disease has been
melancholia, this should be the rule and not the
exception. There is, as a matter of fact, very little
that is unpleasant in the life of a recovered crimi-
nal lunatic in a well-managed asylum, bar deprivation of liberty.
Recovered criminal lunatics form a community apart from the others ;
they have their own dormitory, where they are undisturbed by
troublesome or noisy and dirty inmates. They can, if they choose,
cook and eat by themselves, and they have other indulgences, such as
tobacco and pain; a small library is provided for their use, where they
'may sit up to IO P.M. before being locked up for the night; they have
their own quilts ; they have musical instruments, and in some asylums
fortnightly entertainments; and their various pujas are celebrated
under the auspices of one of their own number. To remove a man
from the enjoyment of these innocent indulgences and submit him
to the rigour of jail discipline, where all of these amenities are strictly
forbidden, is not in itself conducive to assure the permanency of his
recovery. It can only be excused on the ground that it is necessary
to do so in order to protect public safety. Recovered lunatics now
choose to forego the indulgences of an asylum for the discipline of a
iail because they think that by doing so they accelerate their ultimate
release from custody; but if under a new system they were assured
that their discharge would be equally speedy, there is not one who
would voluntarily exchange the mild restraints of an asylum for the
worrying details of jail life. On the other hand,_ to the morose
disposition of a recovered melancholic, the_ latter might assume the
appearance of unmerited punishment, and it lS.II1'SU.Ch a case that
the discipline of a jail might possibly act as an incrtement to a fresh
attack characterized by a sudden onslaught on some unsuspecting
companion. These cases, which form a comparatively small percent-
age of recovered lunatics, we therefore think might with advantage
be excepted from the rule of passing all recovered criminal lunatics
through a jail before ﬁnal release. Experience shows them to be also.
liable to relapses at longer intervals than are any other class of
lunatics.
Advisable in cer-
tain cases.
Suitable for me-
lancholia.
(39)
48. Again, there is no doubt that the presence of recovered
_ _ lunatics is a weakening element in the paid estab-
tiels’qffllgrlgngffffiil- lishment of a jail. There could not fail to be a
recovered lunatig feeling of distrust _WIth regard to them,_ which
to jails. _ would prevent their being employed indiscrimi-
nately in every kind of duty, more especially such
as necessitate a knowledge of drill, acting in concert for the
prevention of escapes, outbreaks, &c. On that account the suitability
'of jails for the reception of recovered lunatics as paid warders is
limited. This might, from time to time, prevent the system of
passing all recovered lunatics through jails being uniformly carried
out. Sometimes it might happen that the plan could not be fully
adopted without exceeding the number that could, with a due regard
to the efﬁciency of the jail guard, be so employed. _
49. For these reasons we think that, though this should be the
regular procedure, there should be an alternative one by which
melancholics and other lunatics may from time to time be liberated
direct from asylums under precautions such as we have hinted at
above.
50. Wheneverjit is thought advisable to remove a recovered ,
lunatic from an asylum to a jail, the Superintendent
of the jail should be furnished with a complete
medical history of the lunatic, similar to that which
we think should accompanyr his papers on all
occasions when his case is about to enter on another phase ; and the
Superintendent should there clearly show in what way he has been
employed while under probation in the asylum. This would serve to
p'revent the irritation or depression likely to follow his being
placed unnecessarily on more degrading work in the jail than he has
been accustomed to be entrusted with in the asylum. A man,
possibly of good social position, who while in the asylum acted
as godown-keeper or oil-seller, or was in charge of the cook-house,
or vegetable garden, would naturally feel aggrieved if put ,to sweep
a surface drain on his admission to jail, and such work might some-
times have a prejudicial inﬂuence on his mental health. Such a man
might at once he made a hospital attendant or keeper of an inside
gate. But if the Jail Superintendent knew nothing of his previous
history, he would not be justified in putting him to responsible work
of this kind without some period of probation.
51. Facilities should also be given for the immediate retransfer of
a recovered lunatic to an asylum should he have a
Re'tfanSfer t° relapse of insanity. We have already shown that
asylum' there are no facilities for treating a lunatic properly
in a jail, and his detention there, except as a test of the permanency
of his recovery, is unwarrantable. A relapse shows that his recovery
was only temporary, and he should at once be returned to the asylum
from which he came. This could be done under Rule 20 of the rules
for the management of lunatic asylums, which empowers the Inspec-
tor-General of Jails and ofﬁcers in charge of jails to transfer insane
prisoners to asylums in anticipation- or orders of Government in
urgent and special cases.
P r o c e d u r e on
transferring lunatic
to jail.
(40)
52. To facilitate this being done it is desirable that the custom of
transferring recoveredlunatics in the ﬁrst instance
to Alipore Jail should be discontinued. They
should instead be sent to the nearest central jail
consistently always with the ability of that jail to
receive them. Retransfer, if necessary, could then take place under
Rule 20 with less delay and with great advantage to the relapsed lunatic.
53. From information received from the severalasylums in Bengal,
the Committee has reason to believe that there are
not at present more than 20 individuals who would,
under the rules we submit for approval, be imme-
diately eligible for transfer to jails. This number
the seven central jails could easily provide for as overseers or on light
work, according to their ﬁtness. If in future no larger number were
available annually, the central jails could continue to absorb them;
for although it would not be advisable to appoint
more than two paid warders of this class in each
central jail, it is possible that only two-thirds of
the entire number would, by reason of their intelligence and steadi-
ness under probation, be found competent to undertake the duties
required of them in that grade. If larger numbers were forthcoming
in future years than the central jails could with due regard to the efﬁ-
. _ ciency of the warder establishment provide for, the
_ ,Ol‘ large dlstrm more important of the district jails could each en-
lalls' tertain one recovered lunatic as a paid warder, those
district jails situated close to asylums being ﬁrst utilized for the purpose.
54. The Committee is of opinion that it is important, While utiliz-
ing the jail department for this purpose, that care
should be taken that the occupation of each indivi-
dual should be such as would have a tendency to
develop rather than cramp his mental faculties and
enlarge his sense of responsibility and uselessness. To this end his
asylum history should be supplied to the jail, so that his capacity
might be gauged by the Jail Superintendent, and the work allotted
to him be in accord with his capabilities. The duties on which this
class could most advantageously be employed previous to promotion
to the grade of paid warder are, in the opinion of the Committee, the
following :—-Messengers, inside gate—keepers, passmen taking charge
of parties or of individual prisoners proceeding to latrines, &c., ration-
weighers and hospital attendants, for which last duty the more intel-
ligent would be specially suitable. After a period of employment in
such capacities, they could, at the discretion of the Superintendents
of the jails, be promoted to the grade of unpaid overseers, and sub-
sequently to that of unpaid convict warders, putting in their ﬁnal
probation as paid warders for prescribed periods of two or three years.
55. From the records before us we are convinced that the period
T, . . of detention in jail suggested in the Government
.16pt3FlOd.Old6- R _ 1 t. . . fﬁ . ob T1 7 f h- h
,enmm m Jan com eso u ion 18 insu cient. iree. years, 0 w 1c
templated in Gov- one would be In the grade of paid warders, would
ernment Resolution not be an adequate test of the permanency of re-
“Ot sumuem' covery in cases of acute and chronic mania, espe-
' Should be trans-
ferred to central
jails.
The number now
in asylums ﬁt for
transfer.
Could be absorb-
ed by central jails,
Duties suitable
for recovered luna-
tics in jails.
(41)
cially with a ganja habit. Unless the recovered lunatic had spent a
longer period than we propose in an asylum, such a period of deten-
tion in jail would not covcr the time which we think necessary to
protect the public against the risk of premature release. Our pro-
posals while they ensure greater safeguards, do not increase the cost
to Government, because during the extra time we would prescribe
for ﬁnal proof of their trustworthiness, recovered lunatics would take
the place of paid servants, and the warder establishment and its cost
would not undergo any increment.
56. The evidence which we have of the liability to relapse in the
Great caution ne_ early period of apparent recovery, rendering deten-
cessary in disposal tion for three years in an. asylum a Wise precaution,
of criminal lunatics. may give rise to a feeling of disappointment as
regards the small number which can immediately
be brought under the action of our proposed rules and transferred
to jails. But we feel that great caution is required in dealing with
this notoriously untrustworthy class of criminals, and we do not think
that this period can, in the case of violent and homicidal lunatics, be
safely curtailed.
57. But although much immediate reduction will not be effected
by our proposals in these classes under the rules which we suggest,
the asylums will be relieved of a large number of harmless criminal
lunatics now detained indeﬁnitely in the absence of any safe guide
for their disposal; and in other respects, especially as regards the
manner in which criminal lunatics will be dealt with by executive
and judicial ofﬁcers and their cases sent up for the orders of Govern-
ment, a marked and necessary improvement will, we hope, follow
their adoption.
58. The Committee would venture to remark that, in their opinion
the time at the disposal of a Secretary to Government, and the un-
likelihood of his possessing special knowledge, render it desirable
that he should oe assisted in framing the recommendations which it
is his duty to submit for the orders of Government. We therefore
beg to suggest that a Standing Committee, consisting of the Secre-
tary to Government as President, the Inspector-General of Jails or a
Jail Superintendent, and a Presidency Surgeon, meet at stated in—
tervals to dispose of the cases of criminal lunatics under these rules.
E. A. BIRCH, M.D.,
Surgeon-Superintendent of the
Presidency General Hospital.
A. CROMBIE, M.D.,
Superintendent of the Decca Lunatic Asylum.
A. D. LARYMORE,
Superintendent of the Alipﬂe Yaz'l.
6
(42)
’ II.
Rules for the Guidance of Executive and Fudicial Oﬁcers in
dealing with Criminal Lunatics.
WHENEVER the papers of a criminal lunatic are sent up to Govern-
ment for orders, they should be accompanied by a medical history
sheet (Appendix 1) containing the following particulars, without which
a safe decision cannot be arrived at :—
Name and sex.
Crime.
Present age.
Physical state.
Probable cause of insanity.
Type of insanity.
Duration of insanity and has it been continuous, giving dates?
Has he at any time shown aggressive symptoms?
If so, when and of What kind ‘2
If reported sane, how long since last manifestation of in-
sanity?
11. Is he subject to relapses? If so, give dates.
12. Is he capable (a) of taking care of himself; (6) of earning a
' Hvehhood?
I 3. How has he been employed while in asylum?
14. If security is obtainable, its nature and the social position and
character of the sureties.
I. In every case the medical history sheet should be accompanied
by an abstract from the asylum case-book, detailing the chief events
in his history, recorded opinions, with dates, regarding his mental
attitude While under observation in the asylum, together With the
opinion of the Superintendent of the Asylum on the safety of the
proposed procedure.
I___When the 2. When a remand to jail under section 31 of
lunatic has been this Act is recommended, the Superintendent of
conﬁned inaLuna- the Asylum will give speciﬁc reasons for think-
tic Asylum ugder ing that this procedure is a' safe one, having due
éoﬁisoxergfpimgé regard to the medical history and length of un-
amended by Act X expired sentence to run before ﬁnal release from
of 1886). Jall.
When further detained under Act XXXVI of 1858, and the case
is brought before the Visitors under section IX or the Magistrate
under section X of that Act, it will be the duty of the Superintendent
of the Asylum to furnish in writing all the details required in Appendix
I for the information of the said Visitors or Magistrate, together with
his own opinion of the safety of releasing the lunatic.
In the event of the lunatic having at any time exhibited a
tendency to violence, it will be the duty of the Visitors or Magistrate,
as the case may be, to satisfy themselves that a sufﬁcient length of
time has elapsed since such manifestation to render a recurrence
improbable, and that the sureties are in a position to control the
actions of the lunatic should it recur.
9‘? 9°? 9“??? 5° 2"
H
(4s)
5. If the crime of which such person is accused be an offence
lI.--Relea s e of
an accused lunatic
pending investiga-
tion or trial under
section 466 of Act
X of 1882.
against the person, or if there is reason to believe
that he has at any time been aggressive, the Ma-
gistrate or Court of Sessions should consult the
Civil Surgeon under whose observation the lunatic
has‘been detained, and he should have before him
the information detailed in Appendix I, as far as
possible, before accepting bail.
6. The Magistrate or Court of Sessions should keep in mind that
I II.-—Procedu r e
when lunatic priso n-
er is reported capa-
ble of making his
defence under sec-
tion 473 of Act X
of 1882.
unless the opinion of the Visitors of an asylum that
the accused is capable of making his defence is
accompanied bya medical history of the lunatic,
detailing especially the type and cause of insanity,
his mental attitude while under observation, and
his liability to relapses, there is generally not
sufﬁcient ground before them for making any
iecommendation to the local Government for the disposal of such
person under section 471.
It shall therefore be the duty of the
Superintendent of the Asylum to forward with every lunatic sent to
stand his trial his medical history sheet carefully ﬁlled in, together
with an abstract from the case-book, detailing the chief events of his
history with recorded opinion of his case, for the information of the
Magistrate or Court, and for transmission to the local Government.
IV.——-Proced u r e
under section 474
when a criminal
lunatic is harmless
and his crime not
an offence against
the person, or, if so,
of a trivial nature.
7. When a criminal lunatic has never exhibited
any tendency to violence, and his crime has not
been an offence against the person, or, if so, if it
was of a trivial nature and not evincing a decided
homicidal tendency, the local Government will be
mainly guided in passing orders under section 474
by the recommendations of the Visitors and of the
Superintendent of the Asylum, with whom there-
fore the responsibility of releasing or detaining the lunatic will
practically rest.
8. When a recovered criminal lunatic is transferred from an asy-
V.--Proce d u r e
when a recovered
lunatic is transfer-
red to a jail.
lum to a jail, the Superintendent of the Asylum
will forward to the Superintendent of the Jail a
copy of the lunatic’s medical history sheet, together
with a statement showing the manner in which he
has been employed in the asylum up to the time of his transfer.
9. Recovered criminal lunatics shall be transferred to the Rangoon
Central Jail.
VI.—-Procedu r e
i when a lunatic, who
iswundergoing pro-
bation in jail, re-
lapses.
10. When a recovered criminal lunatic under-
going probation in a jail has a relapse of insanity,
he should be immediately returned to the asylum
in anticipation of the orders of Government.
I I. In those cases in which it is impossible, for reasons of physi-
VII.—-Miscel-
laneous provisions.
cal or mental inﬁrmity, to promote a recovered
criminal lunatic conﬁned in a jail to the higher
grades of the Jail service, the Inspector-General of
Jails is authorized to sanction a monthly allowance of Rs. 2 in addi.
(44$
tion to the jail scale of diet to a recovered criminal lunatic conﬁned
in a jail. The recovered lunatic may spend this allowance in the
bazaar for his private use.
12. Recovered female criminal lunatics will not in any case be
transferred to jails, but may be promoted at the discretion of the
Superintendent of the Lunatic Asylum to the post of keeper, receiv-
ing, after a period of probation of at least two years, a monthly
allowance of Rs. 2, and may be eventually released on conditions
siniilar to those laid down for recovered male lunatics transferred to
jal s. '

APPENDIX I.
Form of Medical History Sheet to he sent to the local Government
with the Visitors’ recommendations regarding criminal lunatics,
or to the Superintendent of a yail on the transfer ofa lunatic.
(1—13 to be ﬁlled in by the Superintendent of the Asylum ; 14 to be
ﬁlled in by the Magistrate of the district to which the.‘lunatic be-
longs.)
Name and sex.
Crime.
Present age.
Physical health.
Probable cause of insanity.
Type of insanity.
Duration of insanity, and has it been
continuous, giving dates?
Has he at any time shown aggressive
symptoms?
9. If so, when and of what kind ?‘
10. If reported safe, how long since last
manifestation of insanity?
II. Is be subject to relapses? If so, give
dates.
12. Is be capable (a) of taking care of
himself, (6) of earning a liveli-
hood ?
13. How has he been employed "while in
asylum?
14. If security is obtainable, its nature and
the social position and character
of the sureties. ]
W veneers


Principles on which the local Government will act in disposing of
the cases of criminal lunatics sent up for orders under sect-ions
466, 471, 474, and 47 5 of Act X of 1882.
I.—ljllledical hi8“ 1. Final orders should not be issued unless the
2‘; edsfoeretintzvers lunatic’s papers are accompanied by the medical
case. history sheet as suggested in Appendix I, l
(457
A.--Recovered Criminal Lunatics.
11.-Crime: 0f-
fence against per-
son.
Cause:
8C0.
Type : Acute or
chronic mania.
(a)
(a) Age under 40
years.
Ganja,
2. If the crime be against the person, the cause
ganja or other intoxicant, and the type of insanity
acute or chronic mania, a period of three years
shoiild be spent in an asylum free from all signs of
insanity before any action is taken.
At the end of that time, if under 40 years of age and in good
physical health, he should be transferred to the
nearest central or other jail, there to undergo a
period of probation of six years.
(b) If over 40 years of age, or in poor physical health, the period
(bi) Age over 4.0
years.
of probation in jail may be shortened according
to circumstances of crime and nature of security
offered.
In any case security should, if possible, be taken on the expiry of
his period of probation in jail.
III.——Crime: 0f-
fence against per-
son.
Cause : N o t
ganja, 8zc.
Type: Acute or
chronic mania.
(a) Age under 40
years.
3. If the crime be an offence against the per-
son, the type of insanity acute or chronic mania,
and the alleged cause not ganja or other intoxicant,
a period of at least four years of complete freedom
from insanity should be spent in an asylum before
action is taken.
(a) At the end of that time, if under 40 years of
age and in good physical health, he may be trans-
ferred to a jail, there to undergo a probation of four
years.
(b) If over 40 years of age, the period of probation in jail might
(b) Age over 40
years.
be shortened, according to circumstances of health
and surety. Security should, if possible, be taken
before his ﬁnal release from jail supervision.
4. If the crime be not an offence against the person, but the
IV.—-Crime: Not
oﬁence against
person, but mental
attitude aggressive.
Type: Acute or
chronic mania.
lunatic have at any time exhibited dangerous or
violent tendencies, and the type of insanity is
acute or chronic mania, he should be treated exactly
as above, except that the period of probation in jail
may be shortened in accordance with the kind and
degree of violence exhibited ; always provided that
in ganja cases the period spent as paid warder should be three years,
and in non-ganja cases two vears.
be taken on ﬁnal release.
In all security should, if possible,
5. If the crime be not an offence against the person and there be
V.--Crime: Not
ofence against the
person, or, so,
trivial in its na-
ture ; mental atti-
tude not aggressive. ~
no history that the lunatic was at any time aggres-
sive, he may generally be treated much as if he
were a non-criminal lunatic. As has been stated
in Rule 7 for the guidance of executive ofﬁcers, the
local Government will generally be guided in such
cases by the recommendations of the Visitors and
of the Superintendent of the Asylum in which the lunatic has been
conﬁned,
(46)
6. If~the crime he murder, the type of insanity melancholia, a
VI.--C r i m e :
Murder.
Type: Melancholia.
(a) Age under 40
years.
(6) Age over i 40
years.
period of at least six years’ complete freedom from
insanity should be passed in an asylum before action
is taken. During the last year of this period the
recovered criminal may be allowed access to the
bazaar under certain regulations.
(a) If at the end of that period he is still under
40 years of age, he should not be rhleased except
on excellent security. . .
(h) If over 40 years of age, security should, if
possible, be obtained.
7. If the crime be attempt to commit suicide, and not murder, the
VIl.--C r i m e :
Attempted suicide.
Type: Melan-
cholia.
type melancholia, and if he has not exhibited any
violent tendencies while under observation, some
relaxations of the rules may be permitted according
to circumstances of age, period of detention, &c.
Cases of melancholia should not be sent to pass a period of pro-
bation in jail.
B.--Unrecovered Criminal Lunatics.
VIII.-—Crime:
Oﬂ’ence again st
person.
(a) Type :
ritable c h r 0 ii i c
mania.
8. If the crime he an offence against the person,
the type chronic mania of the irritable aggressive
kind, it will seldom be possible to release the lunatic
during the continuance of insanity, except in ad-
vanced age and on exceptional security.
If the crime he an offence against the person, the type of insanity
(1)) Type: Chai-
romania.
chronic mania of the amiable kind, a lunatic may
be released after passing six to ten years in that
condition, but only on security.
If below 40 years of age, detention should generally be ten years ;
if over 40 years of age, six years may sufﬁce.
9. If the crime be not an offence against the person, or if an
IX.——C r i m e :
Not oﬁ'ence against
the person, or, ifso,
trivial in its na-
ture; mental at-
titude not aggres~
sive.
offence against the person, of a trivial nature, and
the lunatic has never exhibited aggressive symp-
toms, he may generally be treated much as if he
were a non-criminal lunatic, and the local Govern-
ment, when dealing with his case under section
474, will be guided chieﬂy by the recorded opinion
of the Superintendent of the Asylum as to the pro-
priety of releasing him, and by the recommendations of the Visitors.
(a) If his mental attitude be chronic mania, characterized by good
(a) Type : Chze-
romania.
(6) Type : Slight
chronic dementia.
humour, cheerfulness, and amiability, and he is able
to earn a livelihood, he may generally be released
with or without security.
(15) If it be chronic dementia or imbecility of slight
degree, he may be released on similar conditions.
(c) If he be suffering from chronic mania of the irritable mischie-
(0) Type: Irri-
table chronic mania
or pronounced de-
mentia.
vous type or chronic dementia of a more pro-
nounced character, he may still be released, but
only on satisfactory security that he will be pro-
perly CHIBd l0r and prevented from doing injury to
himself or others.
l ~47 )
T 0, Worst “ If the chrome mania. he of inveterate type,
agape chronic or the dementia or imbecility of the last degree,
mania, dementia, the lunatic can only be safely and humanely treated
or imbecility. in an asylum,

No. 9 of 1889.
To Commissioners in Upper Burma, No. 426-51., dated Rangoon, the 18th
March 1889.
I AM directed'to enclose a blank form of statement which,
under the orders of the Government of
Nqmiﬂal-roll for India, has to be sent to Port Blair with
31;?“ sent t° Port every convict deported to that Settlement.
' I am to request that, unless you see ob-
jection, you will in your capacity of Judicial Commissioner
instruct Magistrates and Judges in your division to have
statements in this form prepared in respect of all prisoners
sentenced to transportation or imprisonment for more than
three years. The statements should be forwarded with the
warrants of the prisoners to the jail in which the prisoners are
to be conﬁned.
2. Copies of this letter have been sent to Deputy Com-
missioners direct.
Nominal-roll with detailed account of crime and previous history
of prisoner (to he attached to the Warrant of every prisoner sent
into hanishment).


' NATIVE OF WHAT .1'.’ gj 'i'é rgjélﬁ
. PLACE. 5g “53 "in";
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iii ~ l 02 “'5 ‘5‘” c
i— s; Q Ou “6m core
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c v—I h hu’d N
a 8 as; a}? S 8. +3110? Egmrg
o
3 a 2 > m e = gig hﬁgg
.22 "*5 m a. g “3 PU“ m “E givﬁ
t” s 1 ° = *6 Us at saris
Q a; a :3 ~—q 1'2.“ ___ :FU _ Q‘
I: E ~55 t; a b" 5 Eli. >o= E;‘°=*
'-i 2 LL U f" O-i Q Q 0-: U
l
Dated
Magistracy. Magistrate.
( 48.1“ .
No. 427-51., dated Rangoon, the 18th March 1889.,
COPY of the above forwarded to the Inspector-General of
Jails for information in continuation of this ofﬁce letter No.
199-5]., dated the 8th March 1889, and to the Inspector-
General of Police for information.
No. II of 1889.
To Commissioners in Upper Burma,-—]udicial Department N0. 1-269P., dated
Rangoon, the ist April 1889, with endorsement to Comptroller, No. 2-269P. of
same date. _ i
it it 9k *
Crediting of ﬁnes .2. I am also. to remind you thabmoneys
under the Upper paid under section 15 of the Police Act
Bufma V‘nage Regu‘ (V of 1861) should be credited to the
lation and of assess- “ . ,, “
me‘nts for punitive head - Police and not to the head Law
Pollce- and Justice.”
9% its *6 is 1
-—_;--~--
No. 14 of 1889.
THE attention of District Officers in Upper Burma is in-
- , vited t0 the provisions of the Indian Ex-
SivZ°IX$g§1f $55; plosives Act, 1884, and of the rules framed
Burma- Possession thereunder for Upper Burma. Copies of the
and sale OfﬁmWOFkS' rules are attached to this circular?ie The
Chief Commissioner reminds District Ofﬁcers that it is their
duty to see that the provisions of the law are strictly com-
plied with, particularly in regard to ﬁ1'6W01’k.S.. Under Rules
3 and 5 of the Rules under sections 5 and 7 it is unlawful for
any person to possess or sell ﬁreworks Without a license, and
under Rule 27 certain Magistrates and Police Ofﬁcers are
empowered to search any house in which it is believed. that
an offence against the Act or Rules is being committed.
Under the proviso to Rule ’9 of the above-quoted rules licenses
to possess ﬁreworks may be granted free of_fee to persons
desiring to use them in the celebration of religious or other
festivals. Every reasonable facility should be given to per-
sons who require ﬁreworks for such purposes: While desir-
ing Magistrates to enforce the law strictly in all cases in
which it has been knowingly broken, the Chief Commissmner
does not wish offences committed through ignorance to be
punished. Until the people have had time to become ac-
* See Burma. Gazette, Part _1, page 148. The were modiﬁed by JudicialtDeigart-
ment Notiﬁcations Nos. 409, dated 12th Novem er 1890, and 432, dated 30th ep-
tember 1891.
q
(49)
quainted with the law, Magistrates must exercise their dis-
cretion in putting it in force.
No. 440-6A., dated Rangoon, the 16th April 1889.
CIRCULATED, with copies of the rules in English and
Burmese, to Commissioners and Deputy Commissioners in
Upper Burma, the Inspector-General of Police, and District
Superintendents of Police in Upper Burma.


No. 15 of 18892“
To Commissioners and Deputy Commissioners in Upper Burma,-%udicial Depart-
ment No. 258~61P., dated Rangoon, the 9th May 18 9.
A CASE has recently come to the notice of the Chief Com-
_ missioner in which a small body of extra
Entertainment °f police was enlisted under the orders of a
extra police. . . .
CommisSioner Without reference to the
Chief ,Commissioner. I am directed to say that until the
Chief Commissioner’s sanction has been obtained, the enter-
tainment of extra police is absolutely prohibited. When
necessity arises for increasing the police force of any district,
the proper course, which should be invariably followed, is to
submit detailed proposals in the prescribed form through the
Inspector-General of Police for the Chief Commissioner’s
orders. '
2. Iam to add that extra police cannot be paid for out
of the proceeds of ﬁnes levied under the Upper Burma Village
Regulation.
‘0‘ -____
No. 16 of 1889.1-
Extract from the Proceedings of the Chief Commissioner, Burma, in the judicial
Department,-No. 172R, dated the 20th July 1889.
READ-4
Judicial Department Circular No. 37 i-90C., dated the 24th July 1888, and the
replies thereto.
Read also-—
The Report of the Police Committee, Chapter VIII.
RESOLUTION.--It recently came to the notice of the Chief
Police procedure in Commissmner that the procedure pf the
the_report and investi- Police in the report and investigation of
83"“ °f mme' crime and the books and forms maintained

* See Judicial Department Circular N o. 4 of 1888.
1' This has been translated.
( as ).
by them in connection therewith failed in various particulars
to comply with the provisions of the law on the subject. Vari-
ous ofﬁcers were consulted as to the changes required and
subsequently the matter was fully discussed by the Police
Committee. After considering the opinions received the Chief
Commissioner now directs' that the following books and forms
shall in future be maintained and used at all police stations :—
(i) The General Diary (Act V of 1861, section 44).—-To
be kept in the form and subject to the rules given
in Appendix A.
(ii) The Complaint Booh (Act X of 1882, section 154).--
A blank book in counterfoil.
(iii) T he First Information Report Booh (Act X of 1882,
section 157).—-—To be kept in the form given in
Appendix B.
(iv) The Special Diary Book (Act X of 1882, section 172).
--A blank book.
(v) The Remand Booh (Act X of 1882, section 167).—
To be kept in the form given in Appendix C.
(vi) The Register of Arrests made without Warrant (Act
X of 188.2, section 62).--To be kept in the form
given in Appendix D.
(vii) The F inal Report Book (Act X of 1882, section 173).
—To be kept in the form given in Appendix E.
The headings of all the forms will be printed in both English
and Burmese. These forms will be maintained at police stations
only. The duty register and on form at present maintained will
no longer be required. At outposts subsidiary to police stations
the Only forms required will be the Special Diary and loose
sheets from the Complaint Bach and First Information Report
Book of the stations to which they are subordinate. The two
latter will ,be'ﬁlled in as offences are reported at the outpost
and will then be sent to the station, where they will be copied
into the station books’ counterfoils and will then be dealt with
as though the information had been laid at the station.
-2. As to the manner in which the General diary is to be
kept up it is unnecessary to add anything to the rules given in
Appendix A, but, in order to explain how the remaining forms
are to be used, it may be well to note brieﬂy the procedure '
which should be followed by the police in regard to the investi-
gation and report of crime; \ '
t 51* l
3. In respect of cognizable cases the proper procedure is
as follows :-— '
On receipt of information relating to the commission of a
cognizable offence the ofﬁcer in charge of a
police station should enter the informant’s
1 statement in the Complaint Book. The
entry should be read over to the person giving the information
and should be signed by him. If the information is given in
writing, it should be copied into the Complaint Book. When
information has been given and recorded as above, if the infor-
mation raises the suspicion that a cognizable
6013‘s?“ ‘88?“ sec' offence has been committed, and if the
_ ' offence is one which the ofﬁcer in charge is
empowered to investigate, that is, if it is an offence triable in
the district in which the police station is situated, the ofﬁcer
in charge of the police station should forth-
tio‘gcltsf 0f ‘Ssz'sec' with report the matter. to the Magistrate
empowered to take cognizance of the offence
upon a police report. If the Township Ofﬁcer has been
specially empowered under section 191 (a) and (h) and can
try or commit for trial for the offence, the report will be dealt
with by him ; otherwise it will be submitted through the Town—
ship Ofﬁcer to the Subdivisional Magistrate for disposal. The
_ report will be in the form of First information Report given
in Appendix B and will be accompanied by a copy of the
complaint taken out of the Complaint Book, the original record
of the complaint remaining on the counterfoil in the book.
The manner in which the ﬁrst information report should be
dealt with after it has reached the Magistrate having jurisdic-
tion is as follows. If the Township Ofﬁcer has jurisdiction he
will record his remarks on the report and return it to the Police
Ofﬁcer at his headquarters, who will transmit it, through the
Subdivisional Police Ofﬁcer, if there is one, to the Subdivisional
Magistrate. The Subdivisional Magistrate, after recording his
orders or remarks, will return the report to the Subdivisional
Police Ofﬁcer, who will send it on to the District Superin-
tendent of Police. The District Superintendent will have an
abstract made of all reports received by him and will submit
it daily to the District Magistrate.
In case of the receipt of information of the commission of
any of the following offences, namely,-- .
(i) murder;
(ii) dacoity or robbery ;
Act X of 1882, sec-
tion 154.
(rs)
(iii) housebreaking by night armed with a deadly wea-
Pon ;
(iv) serious offences charged against Europeans or Police
Ofﬁcers ;
a duplicate copy of the ﬁrst information report and of the
informant’s statement should be sent by the quickest means
available to the District Superintendent of Police direct. In
unimportant cases under Municipal, Telegraph, Railway, and
Cantonment Bye-laws, and under section 34, Act V of 1861,
the ﬁrst information report may be dispensed with.
If a Magistrate directs an enquiry into a cognizable offence
of which no previous information has_reached the police, the
police, on receipt of such order, should prepare and submit a
ﬁrst information report, with which the Magistrate’s order and
petition of complaint, if any, should be ﬁled.
After having sent off the ﬁrst information report it becomes
the duty of the ofﬁcer in charge of the
police station to proceed in person or de-
pute one of his subordinates to the spot
to investigate the case. The lawpermits of two exceptions.
First, where the case is not of a serious nature and the infor-
mation is given against a person by name, in which case the
Police Ofﬁcer may summon the witnesses to the police station
and there hold an enquiry ; second, if it appears to the Police
Ofﬁcer that there is not sufﬁcient ground for entering on an
investigation. Advantage should not be taken of the former
exception if the distance is great or the witnesses numerous,
or indeed in any but very simple cases of a petty character.
The second exception would apply to petty cases in which no
person is charged or suspected and when the complainant
distinctly states that he does not seek an enquiry, and also to
complaints which appear to be frivolous or vexatious or mani-
festly false. In any case in which the police abstain from
making an enquiry the reasons must be clearly stated in the
seventh column of the ﬁrst information report.
The next point to be noticed in connection with the investi-
gation is the Special Diary. This diary
must in future be kept up in all cases
instead of, as at present, in serious cases
only. In it the Police Ofﬁcer must enter the time at which
the information reached him, the time at which he began and
closed his investigation, the place or places visited by him,
and the circumstances ascertained in the investigation. The
Act X of 1882, sec-
tion 157 (a) and (12).
Act X of 1882, sec-
tion 172.
./
(as)
Special Diary should be written up as the enquiry progresses
and not at the end of each day. At the close of the day a
copy of it should be made and sent to the Subdivisional Police .
Ofﬁcer. It is not necessary to prescribe any special form for '
this diary. A blank sheet with a heading referring to the
serial number of the ﬁrst information report is all that is
necessary. A note should be made at the end of each day’s
diary of the place from which, the means by which, and the
hour. at which it was despatched. Each diary should refer to
a single case only. In cases where a copy of the ﬁrst infor-
mation report has been sent direct to the District Superin-
tendent copies of the special diaries should also be sent direct
to that ofﬁcer.
The special diaries sent to the Subdivisional Police Ofﬁcer
should be kept by him until the conclusion of the case. The
result of the trial, if the enquiry terminates in a trial, should be
noted on the diaries and they should then be sent to the Dis-
trict Superintendent of Police for record. Any important
matter disclosed in the special diaries would be noted in the
daily report sent by the Subdivisional Police Ofﬁcer to the
District Superintendent of Police.
The investigation may result either in the arrest of the
accused person or in failure either to detect the offender or to
arrest him when detected. If an accused
person is arrested and the investigation can-
not be completed within 24 hours, the ofﬁcer
in charge of the police station must send the accused to the
nearest Magistrate and, if necessary, ask for a remand. The
- application for remand should be in the form given in Appen-
dix C and must be accompanied by a copy of the entries in the
special diary or diaries relating to the case. The Magistrate’s
orders will be recorded on the form prescribed by the Judicial
Commissioner for the purpose. Every ar-
rest made without warrant must be reported
to the District Magistrate or, if he so
directs, to the Subdivisional Magistrate. The report should
be made forthwith and should be in the form given in Appen-
dix D. The Subdivisional Magistrate should send the reports ~
daily through the subdivisional police ofﬁce to the District
Superintendent of Police for submission of an abstract to the
District Magistrate.
When an investigation is complete the ofﬁcer in charge of
the police station, _whether the accused person is arrested or
Act X of 1882, sec-
tion 167.
Act X of 1882, sec-
tion 62.
. (54)
not, must send a ﬁnal report in the form given in Appendix E
to the Magistrate having jurisdiction. This form is a modiﬁ-
cation of the Charge Sheet at present in use. If the accused
person is not to be sent up for trial, the report should be sent
to the Township Ofﬁcer for perusal and submission to the
Subdivisional Ofﬁcer, who should send it on through the Sub-
divisional Police Ofﬁcer to the District Superintendent of
Police for record. Abstracts of these reports should be sub-
mitted daily to the District Magistrate. If the accused is
arrested and in custody the ﬁnal report should be sent with
the accused to the Magistrate having jurisdiction. If that
Magistrate is not the Township Ofﬁcer, a copy of the report
should go to the Township Ofﬁcer. The Magistrate who tries
the case should return the report at the end of the enquiry or
trial to the police, noting in column 14 the result of the enquiry
or trial. The ﬁnal reports should reach the District Superin-
tendent through the Subdivisional Police Ofﬁcer and an
abstract of them should be submitted to the District Magis-
trate daily.
4. The above remarks refer to cognizable cases. When
information relating to a non-cognizable
“offs? 0f ‘882’ sec' offence is received, the information must be
written down in the Complaint Book and
the informant must be referred to the Magistrate. A brief
note of the matter should be made in the General Diary. If a
Police Ofﬁcer is ordered by a Magistrate to investigate a non-
cognizable offence, he must follow the same procedure as in
the case of cognizable offences. But he may not arrest an
accused without a warrant.
5. The preceding paragraphs, except in so far as they
prescribe forms, are little more than a recapitulation of the
more important provisions of the law in respect of the investi-
gation of offences. It has been thought desirable to make
this recapitulation inasmuch as many of those provisions have
hitherto been overlooked or neglected in this province.

No. 664-172P., dated the 20th July 1889.
COPY, with spare copies in English and Burmese, forwarded
to the Inspector-General of Police, Commissioners, Deputy
Commissioners, and District Superintendents of Police in
Lower Burma. The Inspector-General is requested to take
the necessary steps to introduce the new forms and to instruct
the police in their use.
BURMA POLICE.
'5'?»
BURMA POLICE.
0
H
' APPENDIX A. '
General Diary (Act V of 1861, section 44}.
APPENDIX A.
General Diary (Act V of 1861, section 44).
...............District, ..................Police Station.
“‘1'
...............District, ........'..........Police Station.


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(56)
Rules regarding the General Diary.
(a) Each book should contain 100 pages duly numbered.
(6) Every occurrence which may be brought to the knowledge of the ofﬁcers of
police shall be entered in the General diary on the day on which the event may be
communicated to the station, and, if no incident shall be communicated, the fact
shall be so noted in the diary.
(0) In the General diary shall be recorded, in as concise a manner is is compati-
ble with perfect perspicuity, all complaints and charges preferred, whether cogni-
zable or not, the names of the complainants, the names of all persons arrested, the
offences charged against them, the weapons or property that shall have been taken
from their possession or otherwise, and the names of the witnesses who shall have
been examined; also particulars concerning the occurrence of large ﬁres, inun-
dations, storms, railway or other serious accidents, the passage through or gathering
together within the limits of the station circle of large bodies of people, attend-
ance of and information given by village police, arrival and despatch of prisoners,
receipt and disbursement or transmission of cash; also particulars of taking and
making over charge of stations, distribution of duty amongst ofﬁcers, departure and
arrival of ofﬁcers to and from the interior or on and from leave, transfers and new
arrivals of ofﬁcers, misconduct or instances of meritorious behaviour on the part of
subordinates, arrival and despatch of post ; submission of periodical returns, &c.
((1) Every entry (not every series of entries) made in the diary is to be attested by
the signature of the ofﬁcer in charge of the police-station at the time, and, if it
be proved that an ofﬁcer in charge of a police-station has done any ofﬁcial act which
he has not inserted and truly stated in his diaty, or that any occurrences have
been wilfully omitted, he will be punished by dismissal from ofﬁce or such other
penalty as the circumstances of the case appear to require.
(c) The sergeant or other ofﬁcer of police presiding at the station shall be careful
to report to the District Superintendent at least once a month before the diary book
is likely to be written through, in order that a fresh blank book may be furnished
to the station without delay. Diary books when completed shall be deposited in
the records of the station and kept for two years.
(f) Except in the case of matters of pure routine, such as arrival and despatch
of post, distribution of duty amongst Police Officers, and the like, the making of an
entry in the General diary does not obviate the necessity of making a separate re-
port of all occurrences of special importance to the ofﬁcers to whom such occur-
rences are ordinarily reported. In any matter of urgency an express should be sent
to headquarters by the speediest mode of conveyance available. All such com-
munications should be enclosed in envelopes of red paper in order to ensure their
attracting immediate attention. These envelopes should be supplied to police-sta-
tions by District Superintendents.
(g) The collection and communication of intelligence on all matters affecting the
public peace is one of the principal duties of the police, and the manner in which
this duty is performed by an ofﬁcer in charge of a station will generally be mani-
fested in his diaries. Ofﬁcers will therefore endeavour to render their diaries as
complete, but at the same time as concise, as ossible.
(h) The General diary should be complete and a copy of it enclosed in a cover
to the address of the Police Ofﬁcer in charge of the subdivision one hour before the
departure of the post, whatever time that may be, and should be a complete record
of all occurrences during the previous 24 hours. It is not necessary that the diary
should commence and end with the day.
The copy is to be the foil sheet torn out of the Station diary, the original being I
the counterfoil which remains in the book. The copy must be an exact transcript
from the original.
(49)
BURMA POLICE.
APPENDIX B.
First Information Report (C. C. P., s. 157).*
.....................District,.....................Police Station.


Place of occurrence, direc-
tion, and distance from
police station.

Complainant’s name, re-
sidence, and occupation.

Name, father’s name, re-
sidence, and occupation
of the person or persons
accused or suspected.


Crime reported, and nature
and details of property
stolen, if any.


0° Steps taken by the police.

MAGISTRATE’S REMARKS.


BURMA POLICE .
APPENDIX B.
First Information Report (C. C. P., s. 157).
.....................District,.....................Police Station.


Aml’a’ con- No. of com-
secutive num- plaint
ber. ' '
Date and hour at
which the infor-
mation is re-
ceived.
Date on which the
crime is said to
have been com-
mitted.
Annual con-
secutive num-
ber.
No. of com-
plaint.
Date on which the
crime is said to
have been com-
mitted.
Date and hour at
which the infor-
mation is re-
ceived.


Place of occurrence, direc-
tion, and distance from
police station.
Complainant’s name, re-
sidence, and occupation.
Name, father’s name, re-
sidence, and occupation
of the person or persons
accused or suspected.

Crime reported, and nature
and details of property
stolen, if any.

Steps taken by the police.


MAGISTRATE’S
REMARKS.

* As amended by Judicial Department Circular N o. 10 of 1892.
)
(
8$
BURMA POLICE; can ' BURMA POLICE.
APPENDIX C. ' APPENDIX‘C-
1388137” 0f Application for Remand. Register'of Application for Remand.
""“""""'Di8trict2 ..................Police Station. ...............District, ..................Police Station.
a


9.
I
2


Serial No" Of ﬁr“ Date 0“ WhiCb ap- ,’ - N o. of ﬁrst Date on which ap-
' f r - - - , Serial . . l. t. . f
No. 1“ ("mation Pllcatlon 15 for- , NO information p ica ion is or-
rePort. warded. ' report. warded.
9,-
,i/ V/ .
.o


\
ryv


Name Of ri~
soner? Father’s name. Residence. Date of arrest.
~ .0 ,
Name of pri-
soner Father’s name. Residence. Date of arrest.


Up to what date remand is sought...........~.......... Up” to what date remand is sought..........i.......

Date of special
diaries here-
with submitted.
‘7 "Y
Particulars of case and reasons for seeking [Eli’s-sf ipgimal
a remand. ’ s 6'
with submitted.
‘ Particulars of case and reasons for seeking
a~remand.


I
seem Po 1; ICE.
MAPPEEDIX' 'D.
ﬁat” qf'Arrests without Warrant (C. ,C. P., s. 62).
Y4' i~‘4
IOIIDIIIQOIUOOO
;:OOI:DiStfict,.OO|QQ.;;'....|9|990959‘P01ice


Number of No. of Charge on which Name- of c. 0 m -
Complaint. first report. arrested. plainant, if any.
4
Persons arrested.
Name and rank of
Date of Hour of
Name. arrest. arrest. ofﬁcer who made
the arrest.
“seam PQLICE.
APPENDIX D.
1
Report of Arrests without Warrant (C. C. P., s. 62).
.....................District,....................;;:.Pollce'$tatioii.

3.
i


L


REMARKS--


Number of N o. of Charge on which Name of ‘ c o m -
Complaint. ﬁrst report. arrested. plainant; If any.
Persons ‘arrestea‘.
, Name and rank of
Name. 23%;? Iggggtoh "ofﬁcer “who made
' ' the arrest.
RE MARKS—-
(09)
BURMA POLICE.
APPENDIX E.
Final Report (C. C. P., s. 173.)*
.O.OD...QiliDistrict’oQOOOOQII.IOOOOOIIIPOIiCe


BURMA POLICE.
APPENDIX E.
Final Report (C. C. P., s. 173).
.....-.......District,..................Police Station.

COMPLAINT MADE AT POLICE STATION.


COMPLAINT MADE AT POLICE STATION.
No. of N f ﬁ t -
ﬁnal 0,1,32,01,25 NO. of
reports com- Date. Hour. By whom.
plaint.
Witnesses (including complainant).
Name. Father’s name. Residence. Occupation.
Charge. Property found on person or
- elsewhere.
Particulars of arrest.
’ Name of Father’s Resi- Date of Hour of By whom
accused. name. dence. arrest. arrest. arrested.
Date (Signature)
No. of
ﬁnal NPeSdrftITSt NO' Of
"913°"- com- Date. Hour. By whom.
plaint.
Witnesses (including complainant).
Name.
Father’s name. Residence. j Occupation.


I

Charge.
Property found on person or
elsewhere.


Particulars of arrest.


Name of Father’s Resi- Date of Hour of By whom
accused. name. dence. arrest. arrest. arrested.
Date ( S zgnatu re)


. * As amended by Judicial Department Circular N O. 10 of 1892.
),
1.9
Accused sent up for trial. Accused sent up for trial.


- With or o. of Result of trial With or Result of trial
1“ cus’jfd. without Court. N se. and crime is 835,533}, withput ~ Court. No‘ If and crime
01' 0" a1 ' sureties, ca established. ' sureties. (’35 ' established.
Date , (Signature) Date ‘ (Szgnatu re)


Accused not sent upfor trial. Accused not sent up for trial.
Date of release on bail. Date of release on bail.


Reasons for not sending it the accused, or course adopted by
Reasons for not sending up the accused, or course adopted by
police, an reason of failure.
police, and reason of failure.

Date (Signature)


Date (Signature)
(62)
No. 17 of 1889.
Extract from the Proceedings of the Chief Commissioner, Burma, in the Judicial
Department,--No. 172R, dated the 25th May 1889.
READ—-
Judicial Department Resolution N o. 143R, dated the 7th August 1888, ap-
ointing a Committee to consider the re-organization of the Lower
urma Police.
Read also—-
The Report of the Committee.
RESOLUT10N.—-The report of the Committee appointed by
Resolution onthe the Chief Commissioner in the month of
report of‘the Police August last to enquire into the causes of the
Committee' increase of crime in Lower Burma and of the
alleged deterioration of the police, and to make proposals ,for
the re-organization of the latter, was received in the.$ecre-
tariat in print on the 24th january 1889. In the interval the
Committee had held 17 meetings, examined 26 witnesses, and
obtained written replies from 22 ofﬁcers consulted by them.
2. The ﬁrst matter dealt with in the report is the increase
of crime in Lower Burma between the years 1878 and 1885
and the causes to which this increase is attributable. The
years 1886 and 1887 were altogether exceptional. The war
with Upper Burma was no doubt mainly responsible for the
extraordinary outbreak of crime in those years, 1but the reasons
for the constant increase, especially in crimes of, the . more seri-
ous kind which had been going on for years before the annex-
ation of'Upper Burma, are much more obscure, and to this
point the attention of the Committee was specially directed.
The ﬁgures supplied to the Committee and reproduced by
them in Chapter II of their report show that between the years
1878 and 1885 the number of crimes committed annually in-
creased by 60 per cent. and the number of crimes of the more
serious kinds by 1,32 per cent.
First among the causes of this increase the Committee have
placed the mis~government of ex-King Thebaw and consequent
dis-organization of his kingdom. The ﬁgures (pages7 to 14)
upon which the Committee to some extent base this conclusion
are unfortunately very incorrect and especially so in the earlier
years. The prevalence of crime of the types selected, by the
Committee in .the years 1878, 1879, and 1880 has been made
to appear very much iless than it- really was. The following
> ﬁgures show the total numbers of murders, attempts at murder,
dacoities, and robberies committed year by year; ﬁrst, in the
( 6r r
districts classiﬁed by the Committee as not subject to Upper
Burma inﬂuences (Akyab, Arakan Hill Tracts, Kyaukpyu,
Sandoway, Mergui, Tavoy, Salween), and, secondly, in the dis-
tricts WhlCh were so subject :—


ge
l


v'
w 8
District. i Crime. 1878. r879. 1880. 1881. 1882. 1883. 1884. 1885. Total. :55 :3
U E ‘5
016
‘ Number of mur- 12 15 n 12 16 31 28 26 151 117
Classiﬁed as not ders. .
subject to Upper Attempts at mur- x 3 9 6 1 3 4 27 300
B u r m a inﬂu- der.
ences. Dacoities 3 2 4 6 3 4 2 3 27 Robberies 6 2 9 3 15 8 11 12 66 100
Total 22 22 33 21 4o 44 44 45 271 105


N51mb810§ mur- 93 85 85 90 129 106 :25 I34 847 44


‘ . . ' ers.
QlaSSlﬁCd as sub- A ttempts at 13 15 5 6 I; 13 33 19 “9 5
Ject to Upper Bur- murder 93
ma mﬂuenccs' Dacoities 58 23 4 I 34 8o 88 74 1 12 51°
Robberies l :27 101 119 :21 187 207 207 234 1,303 84
Total :96 224 250 254 408 419 419 499 77 9 69
GRAND TOTAL 318 246 283 275 448 463 473 544 3,059 71


It will be seen that though the numerical increase was great-
er in the latter, the proportional increase was greater in the
former districts. It is further only fair to the Government of
ex-King Thebaw to mention that, though crime in Lower Bur-
ma did certainly increase during his reign with greater rapidity
than in previous years, the increase had set in long before he
came to the throne. In the seven years previous to his accession
the number of crimes of all kinds committed annually in Lower
Burma increased by 50 per cent., and the number of crimes of the
more serious kind by 57 per cent. While admitting therefore
that the increase of crime in Lower Burma may have been
partly due to the increasing immigration of bad characters
from the upper province, attracted by the growing prosperity of
Lower Burma and encouraged by the immunity with which
they were usually able to escape to their homes, the Chief Com-
missioner is inclined to think that the Committee have laid
, somewhat too much stress on the mis-governnlent of King
Thebaw as accounting for the increase of crime in Lower Bur-
ma. Be this as it may, it is not unreasonable to hope that one
of the results of the annexation of Upper Burma and of the in-
troduction of a more settled government into that province will
be a_diminution of crime in Lower Burma. The failure of the
police to deal adequately with the crime of the province is the
(64')
next factor to which the Committee attribute the increase of
crime. The causes of the failure will be discussed later on.
That the police have failed and that this failure is partly re-
' sponsible for the increase of crime must, in the Chief Commis-
sioner’s opinion, be admitted. Lastly, among the principal
causes of the increase of crime, the Committee place a number
of circumstances described by them as “ the recent expansion of
“capital in Burma, the rapid development of the resources of
“ the country, the spread of civilization, and the growth of West-
“ ern ideas.” It is unnecessary to discuss at length these
alleged causes of the increase of crime. It cannot be denied
that among the ﬁrst consequences of the contact of a semi-
barbarous nation with Western civilization is a certain loosen-
ing and weakening of the old bonds which restrain the element
of lawlessness. The present object, however, is to ﬁnd a
remedy for the evil, and that remedy cannot be found in an
endeavour to prevent the progress of a change which is in-
evitable and will be ultimately beneﬁcial.
Passing from the points upon which the Committeeare unani-
mous there remain certain other matters in connection with
the increase of crime upon which they were unable to agree.
It was the opinion of some members of the Committee that the
increase was to be traced in some measure to the increased con-
sumption of opium and spirits by the Burmese and to the pre-
valence of gambling. As regards opium the Chief Commis-
sioner agrees with the minority in thinking that it has not been
proved that the increase of crime can be attributed to this cause.
The consumption of Government opium during the eight years
with which we are specially concerned has been as follows :—
Year. Seers of opium
consumed.
1878-79 46,602
1879-80 47.791
1880-81 54,265
1881-82 41,857
1 882-83 41,348
1883-84 44,173
1884-8 5 41,992
1885-86 38,780
Comparing the ﬁrst and last of these years it will be seen
that the actual quantity of opium consumed was less by 17'
per cent. in the latter than in the former year, and when it is re-
membered that the total population of the province had in the
same period increased by about 16 per cent., it will be seen that
while crime has been constantly increasing the consumption of
opium per head of the population has very sensibly diminished.
(65)
The year 1882-83, in which the increase in . crimes ofj’violence
was most marked, was the year in which (With the exception of
1885-86) the consumption of opium was at its lowest. Inthe
face of these facts it is, in theChief Commissioner’s opinion,
impossible to attribute the increase of crime to increased con-
sumption of opium. As' regards the consumption of spirits the
~ Chief Commissioner agrees with the Committee that there
is nothing to show that the increase of‘ crime. is due to_ in-
creased consumption of spirits; and as to gambling also he is of
opinion that it remains to be proved that the increase of crime
can in any way be traced to this cause. On the whole it
cannot be said that the enquiries of the Committee have
thrown any great light on the difﬁcult question of why the
marked increase in the prosperity of this provmce has been
accompanied for years past by an equally marked increase in
crime. It may be said the Chief Commissioner thinks that
the increase is partly nominal, partly natural, partly due to
defective Government. As regards the nominal increase it
must be remembered that much of Lower Burma must have
been for some years more or less outside the direct inﬂuence
of the English Magistrates. Districts were of very large Size
and communication with'outlying parts difﬁcult. As the light
of a stronger and more searching rule was directed to the out-
lying districts, the amount of reported crime no doubt in-
creased. In the second place the natural increase arose from
the daily growing numbers and wealth of the people. Villages
sprang up in secluded places, and the inhabitants gathered
property in money and cattle, which was coveted by the bad
characters and unprincipled youths of the neighbourhood.
Lastly, the direct executive power of the Government and of
its ofﬁcers of all grades was diminished by the greater atten-
tion, which a more powerful judicial machinery demanded, to
the procedure enjoined by law and to the facilities thereb
provided for the escape of the guilty. It is a difﬁcult task to
maintain order and prevent crime in a country like Burma,
where nature and man are both on the side of the criminal,
without greater and more arbitrary power than the Criminal
Procedure Code and the Police Act give to Magistrates and
Police.
In the opinion of the Chief Commissioner the increase is
largely to be traced to the gradual decay of the village system
and consequent loss of touch between the district authorities
and the people. The Committee attribute much of the failure
'of the police and indirectly, therefore, much of the increase
9
(65)
of crime to this cause. In August 1883 the Chief Commis-
sioner recorded “Mr. Crosthwaite is convinced that the dis-
“sociation of the district authorities from the people is the
“evil at the root of the present disorder which shows itself in
“continually increasing lawlessness and decreasing ability on
“the part of Magistrates and police to deal with' crime.” To
this view the Chief Commissioner adheres and the preliminary
step towards the application of a remedy has already been
taken in the passing of the Lower Burma Village Act, 1889.
By the careful working of that Act the Chief Commissioner,
while fully recognizing the difﬁculty of recovering lost ground,
is not without hope that the status of the village headmen will
be gradually raised; that through them the assistance of the
people generally will he enlisted on the side of order, and that
thereby the hands of the district authorities will be strength-
ened and the suppression of crime facilitated. The Act
will have the effect of increasing the powers of the District
Magistrate in various other ways.
3. Having considered the probable causes of the increase
in crime the Committee go on in the 3rd Chapter of their
report to the question of why it is that the success of the
police in dealing with crime, as measured by the percentage
of convictions obtained, has been growing less and less. The
Chief Commissioner agrees with the Committee that there is
nothing to show that the raw material of the Burman police
has deteriorated. But their difﬁculties have greatly increased.
Between the years 1878 and 1885 the population of the
province increased by about 14 per cent., and the area under
cultivation by about 40 per cent.; crime increased by 60 per
cent., and crime of the more serious kinds by 132 per cent.
Meanwhile the total number of the police in the province
increased by only 4% per cent., while the number of Burman
police was actually less in 1885 than it was in 1878. Under
the circumstances, and in the absence of any material im-
provement in the training and discipline of the force, it is
hardly to be wondered at that the police have shown them-
selves less and less able to deal successfully with crime.
Experience shows, however, that a mere increase in the
numbers of the Burman police is not likely to have much
effect either in lessening crime or in increasing the percentage
of convictions unless there is at the same time an advani e
in the individual efﬁciency of the men. If we go back a few
years it will be found that between 1870 and 1877 the number
of ‘Burman police was increased by 18 per cent. (from 4,296 to
(67‘)
5,105). Yet during the same period the number of the more
serious offences increased from 732 to 1,151 and the percent-
age of convictions fell from 39 per cent. to g6 per cent. It
would seem therefore that an increase in efﬁciency is required
even more than increase in numbers. It must, the Chief
Commissioner fears, be admitted that “ the police have gained
nothing in training or discipline” of late years, and it is to
this fact rather than to the s‘ihallness of their numbers that
their want of success must mainly be attributed.
There are, moreover, certain special causes to which the
Committee draw attention as having tended to diminish the
sucCess of the police. First among these is'the decay of the
village system to which reference has already been made.
Next comes the loss of detective power due to the gradual
substitution of Natives of India for a number of the Burman
police. The reasons which led to this substitution are well
known and need be but brieﬂy referred to. It was found that
the Burman police repeatedly failed in certain portions of
their work and more especially in sentry and escort duty.
Moreover, on various occasions they showed .great cowardice
when attacks were made on their thanas. It was decided
therefore that Natives of India must be engaged to perform
the duties in which Burmans had failed, and that-the Burman
police should be employed solely in detective work. Small
bodies of Indians were accordingly attached to each thana,
and sentry and escort duties were entrusted almost entirely to
them. The Chief Commissioner agrees with the Committee
that this system has proved unsatisfactory in many ways and.
that the decreasing success of the police may have been in
some measure due to its adoption. The remedy to be applied
will be discussed in a later paragraph. Improved means
of communication may possibly, as alleged by the Com-
mittee, have aided criminals more than they have aided the
police, but if this is so, it cannot be helped. It is to the
improvement of the police themselves that we must look for
an improvement in results, and it is to the question of how
this improvement is to be effected that our attention must
now be given.
4. Chapter IV of the Committee’s report contains their
suggestions as to the steps to be taken to reorganize and
increase the efﬁciency of the Burman portion of the force.
Beginning with the question of enlistment the Committee
make suggestions as follows :—
(1) T hat constaéles should in future be enlisted for ser-
vice in a single district only.
I
(63)
As a matter of practice constables are seldom called upon
to serve cut _of the district in which they were enlisted, and
to this PI‘ELCUCBCthE Chief Commissioner would adhere. A
fixed rule that they are never to be so employed might prove
inconvenient, and the Chief Commissioner does not think it
necessary that such a rule should be made.
(2) T hat no Burman or alaing should be enlisted unless
he can read and write, and that a similar rule
should, as far as possible, be insisted on in respect
of other races.
The Chief Commissioner fully approves of the principle
of this rule, provided a sufﬁcient supply of recruits possessing
the necessary educational qualiﬁcation can be found. It will
be necessary to retain power for the Deputy Inspector-General
of CiViI Police to relax the rule in respect of individuals or
localities when necessary.
(3) T hat the moral character of each recruit should be
certiﬁed in each case by two village elders and that
it should be ascertained before enlistment that the
recruit t,_has not been dismissed from Government
service.
_ (4) Thaz‘.z‘he physical ﬁtness of recruits should be cer-
tiﬁed in each case in the form laid down in section
61 of the Civil Pension Code, and that in every
district not specially exempted from this rule by
the Inspector-General of Police, every recruit who
has not had smallpox or been vaccinated or inocu-
lated should be vaccinated. _
The Chief Commissioner concurs in the above recommend-
ations and will be glad if the Inspector-General will issue the
necessary orders.
(5) T hat the minimum height of recruits should be 5 feet
1 inch, the minimum chest measurement 3! inches,
and the minimum age 18.
The Chief Commissioner is inclined to think that in the
above matters different rules may be required in different parts
of the province. He is content to leave the subject in the
hands of the Inspector-General.
(6) T hat cforz‘s should be made to re-cnlisl suitable men
who have been discharged within one year if rc-
enlistment.
The Chief Commissioner agrees that the re-enlistment of
men of good character may sometimes be desirable. The
(69)
sanction of the Inspector—General must, however, under standing
orders be obtained in each case.
(7) That a small gratuity should be given to the ser.
geaut or other police oﬁeer who ﬁnds a suitable
recruit. *
The Chief Commissioner does not think it necessary to
introduce this rule.
5. From the subject of enlistment the Committee go on to
consider the very important question of the training of the force ;
and their recommendations under this head are-—
(i) that a trazuiug school be established at the head-
quarters of every district ;
(ii) that every Burmau recruit undergo a course of six
mouths’ trairziug at the school before being placed
on regular police duty ;
(iii) that every member (y‘ the Burmau force under the
grade of sergeant be brought into the headquar-
ters school for a month’s traiuiug every year.
The Chief Commissioner fully accepts the principle of the
above recommendations and would be very glad if they could
at once be put into effect in all districts. The chief difficulty
is that of expense. To carry out the scheme in its entirety it
would be necessary to erect at the headquarters of every dis-
trict barracks and school-rooms for the accommodation of not
less than 18 per cent. of the Burman force (10 per cent. re-
cruits and 8 per cent. under periodical training), and to provide
a sufﬁcient teaching staff for what will in many cases be a very
considerable number of pupils. The question will have to be
considered district by district in cmmunication with the
district authorities. Where the necessary buildings exist or
can be provided at small cost, and where the district authorities
are prepared without a large increase of establishment to
provide an efficient teaching staff and to accept a reduction
of 18 per cent. in the effective strength of their Burman force,
the schools may be established at once. In other districts
schemes will have to be prepared to show what additional ex-
pense, both preliminary and recurring, will be involved, and
the Chief Commissioner will endeavour gradually to provide the
necessary funds. Meanwhile he is inclined to think that in all
districts the calling in of one-twelfth of the Burman force
monthly for a month’s training at headquarters might be put
into force as soon as the re-distributions now under discussion
can be carried out, and this will at least be a step in the right
(7Q)
direction. At Bassein, Tharrawaddy, and Pegu it should be
possible very shortly to give full effect to the Committee’s sug-
gestions. The closing of the central schools at present main-
tained at those stations will effect a saving of some Rs. 17,7 30
per annum; the buildings at Tharrawaddy and Pegu will
probably, with slight alterations, prove suitable enough for
the district schools, while at Bassein, though the number of
pupils will be doubled, the extra expense need not perhaps be
very great. The Inspector-General will accordingly be asked
to submit formal proposals as soon as may be for the re-distri-
bution of the police of these three districts and the conversion
of the central schools into district schools managed on the
lines recommended by the Committee, and as funds permit
headquarters schools will, it is hoped, be gradually established
in the remaining districts of the province. The Chief Co‘m-
missioner concurs with the Committee that the constables
should be recruited before being sent to the school, but he
thinks that during their six months’ training it will be sufﬁcient
to pay them at a rate not exceeding Rs. 12 monthly. In this
manner a small saving will be obtained to put against the cost
of the schools. It is also desirable that security should be
taken from persons entering the schools binding them to serve
in the police for- at least two years after their training has
been completed. The Inspector-General of Police will decide
how far this is practicable and what amount of security shall
be demanded. The Chief Commissioner agrees with the
Committee that the recruits should be kept under strict dis-
cipline during the period of their training, and he agrees
generally to the course of instruction proposed by them. He
also fully concurs in thsrer‘harks of the Committee as to the
necessity for close and personal supervision of the schools by
the District Superintendents concerned. He recognizes the
necessity for simple manuals in Burmese of drill, of musketry
instruction, and of law and police procedure ; and he will be
ready to consider favourably any proposal the Inspector-
General may make for placing a competent ofﬁcer on special
duty for a time for the purpose of preparing such manuals.
The inspector-General will further be invited to submit deﬁnite
proposals regarding the offer of prizes for shooting in the
manner suggested in paragraph 27 of the Committee’s report.
, The inspection of the district schools will form an important
part of the duties of the Inspector-General and Deputy
nspector-General when on tour, and recruits who fail to
satisfy the District Superintendent at the close of their six
(71)
months’ training that they are competent to carry on the ordi-
nary duties of a constable will be discharged. The course fo
instruction recommended in paragraph 29 for the men under
~periodical training is also generally approved. Experience
will show what modiﬁcations, if any, are required.
6. In paragraph 31 of the report the Committee consider
the question of the pay of the Burman force. The Chief
Commissioner concurs in their view that it is not necessary to
raise the present rate of constable’s pay. He considers it
doubtful whether any advantage has been gained by the in-
creases sanctioned of recent years, but he fears that a return
to the scales of pay formerly in force would be productive of
much discontent. The Chief Commissioner is not able at
present to accept the Committee’s recommendation that all
lnspectorships, with the exception of 12, should be reserved
for persons other than Europeans, but he concurs with the
Committee in thinking it most desirable to make more fre-
quent promotions of Burmans to this grade; and he hopes
that as the country becomes quieter, and as the number of
Burmans competent for the rank of the Inspector becomes
greater, the proportion of Burmans to Europeans in this grade
will be considerably increased. The promotion of Burmans
to the rank of Assistant Superintendent will also, the Chief
Commissioner hopes, become gradually commoner, but it does
not seem practicable as recommended by the Committee** to
retain one-ﬁfth of the appointments of that grade for Burmans
onl ,
7. The Chief Commissioner concurs generally in the re-
marks of the Committee in paragraph 32 on the subject of the
discipline of the Burman police force, but he is not prepared
to move the Legislature to add whipping as a form of depart-
mental punishment.
8. The organization of the Indian police is the next matter
that engaged the Committee’s attention. Upon this subject
they have made no detailed proposals. But they have agreed
generally in the views submitted to them in the Resolution by
which they were convened, namely, that the total number of
the men of this class should be reduced, Burman police bein'g
substituted, that the ineﬁicients should be weeded ‘out, that
the remainder should be kept in comparatively large bodies
at a few stations instead of being scattered in ﬁves and sixes

‘I‘ It has been ascertained from the President of the Committee that the recommen-
dation in lines 1——-3 of page 28 of the report refers to Assistant Superintendentships
and not, as through a clerical error has been made to appear, to Inspectorships.
(72)
over many, that the Indian police should be kept under mili-
tary discipline and under command of their own ofﬁcers,
and that the Indian and Burman police should, as far as
possible, be kept apart in separate barracks. The neces-
sary steps will be taken to give effect to these views and in
future the bulk of the Indian police will be enrolled under the
Military Police Act. The adoption of these measures cannot
fail to have a marked effect in increasing the efﬁciency of the
Indian portion of the force, and the Chief Commissioner
believes that in a less direct manner it will also tend to in-
creased efﬁciency on the part of the Burmans. a
9. Chapter VI of the report refers briefly to the re-distri-
bution schemes which the Committee have drawn up for 10
districts of the province. The Chief Commissioner approves
generally of the principles upon which these schemes have?
been prepared, but he desires to consult the' district authori-
ties concerned before ﬁnally accepting any of them. He
fears that in most cases the provision made for a teaching
staff at headquarters is insufﬁcient and in some cases the
proposals involve an increase of expenditure which the Chief
Commissioner is not able to sanction. The Inspector-General
will be addressed by separate letter on the subject of these
re-distribution schemes.
IO. In Chapter VII the armament of the force is discuss-
ed. The Chief Commissioner agrees with the Committee
that the short Snider is the most suitable weapon for the
Indian police. Unfortunately the supply of these weapons
is limited. The Inspector-General will be requested to ascer-
tain at what cost the long Sniders, of which there is a large
supply, could be converted into weapons of the required
character, and to advise whether it is desirable that such con-
versions should be effected. F or the Burman police the En-
ﬁeld musket at present in use is believed to be a fairly suitable
weapon. The Chief Commissioner would arm the Burman
police at all stations at which under the revised arrangements
now to be made Indians are also posted, but he would not~
permit the Burman police to carry their arms beyond the
precincts of the station except when at least six constables
proceed together on duty requiring them to be armed. As
to the outposts which are to be held in future by Burmans
only, the Chief Commissioner agrees with the Committee that
as a rule no ﬁrearms should be kept at these outposts. There
must of necessity be some exceptions. The Chief Commis-
sioner is willing to leave it to District Ofﬁcers, subject “to the
( '73 )
sanction of the Inspector-General, to say what these excep-
tions shall be, and he desires that all such cases be reported
to the Secretariat for his information.
11. Chapter VIII of the Report deals with the procedure of
the police in respect of investigating and reporting crimes.
The Chief Commissioner agrees with the Committee that the
present pfocedure is not altogether in accordance with the law,
and he concurs generally in the recommendations of the 'Com-
mittee as to the procedure to,be carried out in future. Sepa-
rate orders* will be issued in this matter. In the meanwhile it
will be sufﬁcient to note brieﬂy a few points on which the Chief
Commissioner is not prepared to fully accept the proposals of
the Committee. A general diary (Act V o 1861, section 44)
should certainly be kept in each station as recommended in
paragraph 37 of the report, but it is necessary that it should
contain all the miscellaneous information which under the
Bengal rules would have to be inserted in it. It should include
intelligence on all matters affecting the public peace (Act V
of 1861, section 23), but “ particulars concerning state of crops,
roads, rivers, bridges, railway fences, &c.”* Rule e of the
Bengal instructions) \need not be inserted. The form recom-
mended for the ﬁrst information report (Act X of 1882, section
157) is approved. An additional column for “Magistrate’s
Remarks” should be added. The complaint book (Act X of
1882, section 154) may with advantage be in counterfoil.
The ﬁrst information report should always be submitted in the
ﬁrst instance to the Township Ofﬁcer; if that ofﬁcer is not
empowered under section 191 of Act X of 1882 to take cogniz-
ance of the case he should forward it with the least possible
delay to the Subdivisional Ofﬁcer. The special diary (Act X
of 1882, section 172) should be kept in all cases as recom-
mended by the Committee, but the Chief Commissioner does
not think it necessary to prescribe a form for this. The origi-
nal diary should be kept in a blank book supplied for the pur-
pose and the copies should be made on blank sheets, a
reference to the number of the ﬁrst information report being a
sufﬁcient heading. As regards applications for rema'nd (Act
X of 1882, section 167), the Chief Commissioner concurs in
the Committee’s remarks. A column “ Dates of special diaries
herewith submitted” may be conveniently added to the form
of application for remand. The Chief Commissioner approves
of the form of ﬁnal report (Act X of 1882, section 173),

’ * See Circular N o. 16 of 1889.
10
( ‘74 )
recommended by the Committee. The words “and whether
with or without sureties ” should be added to the heading of
column 10. Where the accused person is sent up for trial
this form should be sent direct to the Magistrate empowered
to take cognizance of the case under Act X of 1882, section
191, a copy being sent to the Township Ofﬁcer,“where that
ofﬁcer is not so empowered. In other cases if the Township
Ofﬁcer is not so empowered it should be forwarded through
him to the Subdivisional Ofﬁcer, by whom it will be forward-
ed through the Subdivisional Police Ofﬁcer to the District
Superintendent of Police, an abstract of all such cases being
submitted daily by the PoliCe Department to the District
Magistrate. The forms and registers above referred to will be
maintained in all thanas which may be declared under section
4 (o) of Act X of 1882 to be police stations. Outposts will
be supplied with loose sheets from the ﬁrst information report
and complaint registers of the station to which they are s'ub-
ordinate and with blank books for special diaries. The Chief
Commissioner fully concurs with the general remarks on in-
“ vestigations contained in paragraph 45 of the report. He
thinks it unnecessary for the present to prescribe the use of
the Magistrate’s General Register*6 of cases referred to in
paragraph 46. He does not think it necessary that printed
copies of the Magistrate’s register of previous convictions
should be supplied to all police stations, but would prefer that
the stations should continue to maintain their village crime
register and habitual criminal registerj‘ as at present. These
registers seem likely to be of more practical use ‘to the police
than the Magistrate’s general register. , The Chief Commis-
sioner approves the slight modiﬁcations recommended by the
Committee in paragraph 48 with respect to the returns sub-
mitted by police stations to the District Superintendent. The
objections raised in paragraph 49 to the system of audit of
police travelling allowance bills has already been met and
actual expenditure incurred by constables in travelling can now
be treated as a contingent charge. The Register of Exhibits
referred’to in paragraph 50 may as well_ be kept up as_it
is likely that exhibits may from time _to time be temporarily
in keeping of the District Superintendent. The remaining
registers referred to in the same paragraph may be closed.
“This register was afterwards prescribed for general adoption by letter No.
12-122P., dated the 16th May 1890, and No. 962-122P., dated the 29th July 1890,
5 .
' d' 'al De artment Circular N o. 24 of 1891. _
miesiiella (’ii’rculariia Nos. 25 of 1891 and, 2 of 1892 of Inspector-General of Police,
showing what registers are to be kept in stations and outposts respectively.
(75’)
Unauthorized registers should not be permitted. In para-
graph 51 the Committee recommend that the police should be
relieved of the duty of serving all criminal processes except
warrants of arrest, and they sugg'ést that legislative sanction
should be obtained to the amalgamation of the criminal, civil,
and revenue process-serving establishments. The required
provision will be found in section 89 of the ’Lower Burma
Courts Bill, and if that Bill becomes law, the Chief Commis-
sioner hopes to be able to give effect to the recommendations
of the Committee in this matter."5
12. In Chapter IX the Committee express their approval
of the orders at present in force with respect to the training
of European police ofﬁcers. The Chief Commissioner concurs
with the Committee in thinking that young police ofﬁcers
should be required to show themselves proﬁcient in riding, and
he will be glad if the Inspector-General will make the necessary
addition to the rules.
13. In Chapter X the Committee proceed to‘the subject
of the Railway police. The force recommended by them for
the lines from Rangoon to Prome and from Rangoon to
Toungoo appears to be the same as that which was approved
by the Chief Commissioner in 1887, but which for want of
funds has not yet been entertained. The Committee propose
_ to place this force under an Assistant Inspector-General. It
“will not be practicable to supply an ofﬁcer of this grade and,
in the opinion of the Chief Commissioner, it will be sufﬁci-
ent to place the force in charge of an experienced Assistant
Superintendent. The Committee has not been able to advise
as to the force required for the entire line, and the Inspector-
General has accordingly been asked to submit deﬁnite pro-
rposals on the subject. The cost of the force will have to be
met to some extent by reductions in the establishments of the
districts from which constables are at present provided to the
line, a point which the Committee appear to have overlooked.
The rules for the guidance of the Railway police proposed by
the Committee are based on those in force on the East India
Railway, and in various particulars obviously require modiﬁ-
cation to adapt them to the requirements of this province. A
revised copy will be sent to the Inspector-General who will be
requested to consider them in communication with the Rail-
way authorities and to propose such amendments and additions
as may appear necessary.

* See Judicial Department Notiﬁcations Nos. 10 and 11, dated the 8th January
1891, and Circular No. 3 of the Judicial Commissioner, Lower Burma.
C76)
14. The question of the esrablishment of a special force of
detective police is gonsidered in Chapter XI. The Committee
were not unanimous, but the majority recommended the enter-
_ tainment of such a force at an annual cost of Rs. 21,960. The
Chief Commissioner is unable at present to entertain a propo-
sal involving so large an increase to the cost of the police force.
I 5. In Chapter XII the relations of the police and the
Magistracy are discussed and the conclusions arrived at- by the
Committee amount practically to approval of existing orders on.
' the subject. As regards the relations of the Subdivisional
Police and Civil Ofﬁcers the control of the police is vested in
the Magistrate of the district, and it is for him to see that his
subordinates work together and loyally aid each other.* The
views expressed in the last clause of paragraph 40 on the sub-
ject of annual reports and with regard to the respective duties
of the Commissioner and Inspector-General in regard to police
administration and the prevention and detection of crime are
approved. The Chief Commissioner has no objection to giv-
ing full authority to the District Superintendent in the matter
of promotions in the rank of constable, and the existing rules on
the subject will be modiﬁed accordingly. _
16. In Chapter XIII of their report the Committee recom-
mend that rules should be laid down requiring the Inspector-
General to be on tour for six months and the Deputy Inspector-
General for nine months in the year, and requiring that one or“
the other should spend at least 10 days in each district annu-
ally. While agreeing generally in the Committee’s view as to
the necessity for constant and thorough inspections by these
ofﬁcers the Chief Commissioner would prefer not to lay down
any hard-and-fast rules of the nature suggested. The proposal
that the Inspector-General should be ex-oﬁeio Secretary to!
Government in the Police Department does not commend itself
to the Chief Commissioner. Setting aside other weighty ob-
jections it is obvious that an ofﬁcer whose duties require him to
be constantly on tour cannot conveniently be employed as
Secretary to the local Government. In paragraph 63 the Com-
mittee point out the necessity for a digest of the standing rules
and orders applicable to the Police Department. There can be
no doubt whatever as to the urgent need for such a publication.
The Inspector-General will be good enough to state whether he
can make arrangements for its compilation in his own ofﬁce, or '
whether it will be necessary to place an ofﬁcer on special duty
for the purpose.
-
* See also Circulars No. 13 of 1890, page 92, and 23 of 1891, page 111.
(77)
17. In Chapter XIV the Committee have attempted to show
in tabular form the net result in men and in cost of the re-distribu-
tion arrangements proposed by them. The tables are, however,
unfortunately disﬁgured by numerous errors. It is only with
regard to 10 districts that any proposals have been submitted.
Those proposals are summarized in the following table zi—


~ , , MoNTHLY .
BURMANS. .Iixnisss. COST. 5 _ a
E a .
Disser- .. a I .. s ., 5 8 5 8 c» 3 \O"
0': CL j w (L 2 .
‘3 8 ‘i’ 8 “,5 v w .
a. n-i ] cu m is Q Q1 *
>1.
Sandoway’ll‘ . . . I 39 84 45 97 . .. 32 E; __,
Hanthawaddy* 151 243 177 1 15 498 g g; ,3
Tharrawaddy* 143 184 319 293 140 ‘5 Q, Q 8
Prome 299 391 261 162 45 J“; g g 8%.;
Pegu 163 219 258 207 36 2537;; 5
Thcngwa 178 231 303 293 582 5'2? g g
Bassein* 290 332 311 275 117 my“ 3 f ‘1
Henzada 147 252 285 214 I 381 * 555:5
Amherst 403 476 293 188 , 814 3 3’, Q, g 5,),
Toungoo 303 332 219 121 l 1,164 32 g g g
2'3 0 P U Q
Total 2,216 2,744 2,471 1,965 21,637 2,172


* The ﬁgures in the districts marked with an asterisk have been altered after com-
munication with the President of the Committee.
The saving shown in the above table, together with that
obtained by the abolition of the central schools (Rs. 17,730
yearly), would amount to Rs. 24,150, while the increased expen-
diture proposed for Railway police (about Rs. 40,000 annually)
and for detective police (Rs. 22,080 annually) amounts to about
Rs. 62,080 annually. It will be seen therefore that the net re-
sult of the Committee’s proposals would be a large increase in
the annual cost of the force. The cost of the buildings which
would be required for the headquarters schools has not been
estimated, but would necessarily be considerable. The Chief
Co'mmissioner had hoped that the Committee might have been
.able to suggest some means of reducing the cost of the Burma
police force. In this he has been disappointed. It is evident
that no material reduction in the cost of the force can be ex-
pected. It is not possible to reduce the pay of the men and
ofﬁcers to the rates which were sufﬁcient prior to 1882. The
strength of the force cannot be reduced. The province 'is
yearly growing in population, in wealth, and in the area culti-
vated and inhabited. The police have not only to watch and
(78)
guard a growing population, but a population which is diffus-
ing itself overawider and wider area. The Chief Commissioner
is obliged to admit that there is little, if any, room for the
reduction of expenditure. On the contrary, if the police are to
be properly trained and instructed in their duties, additional
outlay may be necessary. It is, however, impossible at pre-
sent to sanction _any large increase in the expenditure, and it
will accordingly now be necessary to re-consider the required
establishments district by district and to see how far it may be
possible to adopt the measures recommended by the Commit-
tee and approved by the Chief Commissioner without greatly
increasing the total cost of the force. -
18. ' In concluding these remarks the Chief Commissioner
desires to express his obligations to Mr. Meres and the other
members of the Committee for the time and labour expended
by them in enquiring into the administration of police and’pre-
paring their report on the subject. The work has been carried
out by them in addition to their ordinary duties at all times
sufﬁciently laborious. '
N o. 714-716—172P., dated Rangoon, the 25th May 1889.
C IRCULATED to all Commissioners, Deputy Commissioners,
and District Superintendents of Police; to each member of the
Police Committee; and to the Inspector-General of Police,
with the request that he will take the necessary steps to give
effect to the Chief Commissioner’s wishes as indicated in the
resolution.

~ No. 21 of 1889.
No. 702~23,A., dated Rangoon, the 29th July 1889.
COPY 'of the following forwarded to Commissioners and
Deputy Commissmners in Lower Burma, the President, Ran-
goon Municipality, and the Chairman, Rangoon Port Commis-
sioners, for information and guidance.

Government of India, Home Department Notiﬁcation No. 1190, dated the 29th
June 1889.
IN exercise of the powers conferred by section 5 of the Indian Ex~
N _ , plosives Act, 1884, the Governor-General in
Expﬁgil‘fgstlgnctunder Council is pleased to make the following addi-
' ~ ' tions to Rules 12 and 1] of the Rules to regulate
the transport and importation of explosives, published in Home
Department Notiﬁcation N o. 1417, dated the 24th June 1887 :—
But if any explosive imported under a license into a British port is exported
thence to another British port named in Rule 10, the necessary license for such re-
import may be granted on payment of a fee of Re. 1 instead of Rs. 10.
(79)
No. 22 of _1889.
No. 33-223}, dated Rangoon, the Ist August 1889.
COPY of the following forwarded to Commissioners and
Deputy Commissioners in Upper and Lower Burma; the In-
SP6CIIOI': General of Police and District Superintendents of Police
in Upper and Lower Burma for information and guidance.
Copy also forwarded to the Judicial Commissioner, the
Recorder, and the Inspector-General of Jails for information.
THE Inspector-General of Police has brought to the notice
Communication by of the Chief Commissioner that no intima-
Courts to police of tion of the deaths of c0nVicts in jails is sent
death OfCOnV’CtS' , to the Police authorities of the district in
which the prisoners were convicted. It is desirable that
this information should be supplied. At present, on the death
of a co‘hvict in jail, the warrant under which he was conﬁned
is returned to the Court by which he was sentenced. The
Chief Commissioner directs that in future the sentencing
Court, on receipt of the warrant from the jail in which the
deceased prisoner was conﬁned, shall inform the District Sup-
erintendent of Police of the fact of decease.
No. 23 of 1889.
No. 163-55C., dated the 8th August 1889.
COPY of the following forwarded to Commissioners and
Deputy Commissioners in Upper Burma for information and
guidance.
_
Judicial Department Notiﬁcation No. 319, dated Rangoon, the 30th July 1889.
UNDER the provisions of sections 12, 15, 16, 260, 261, 265, and 556
of the Code of Criminal Procedure, 1882, and all
M5815? ifersﬁé’gggaz other powers enabling him in this behalf, the
in [‘jgpper Bu-rm6L , Chief Commisswner is pleased to issue the follow-
ing rules and directions on the subject of Benches
. of Magistrates in Upper Burma :--
1. Any two or more of the Honorary Magistrates appointed for
any district may sit together as a Bench, with or without a salaried
Magistrate, as the District Magistrate may direct. A Bench which
is in good working order will ordinarily sit without a salaried Magis—
trate.
2. A Bench 011 which a Magistrate of the 1st class is sitting is
invested with the powers of a Magistrate of the Ist class.
Every“ other Bench is invested with the powers of a Magistrate
of the 2nd class. .

(80)
4. Benches shall try only such cases as may be referred to them
for disposal by, or under the orders of, the District Magistrate. Only
cases which the Bench can try summarily shall be so referred.
5. Every Bench invested with the powers of a Magistrate of the
1st class is specially empowered to try, in a summary way, the 0f-
fences mentioned in section 260 of the Code of Criminal Procedure,
1882.
6. Every Bench invested with the powers of a Magistrate of the
2nd class is empowered to try summarily the offences mentioned in
section 261 of the Code of Criminal Procedure, 1882.
7. Every Bench is authorized to prepare the record and judgment
mentioned in section 265 9f the Code of Criminal Procedure by means
of an ofﬁcer appointed in this behalf by the District Magistrate. As
provided by the said section the Magistrate’s record or judgment as
prepared shall be signed by each member of such Bench present
taking part in the proceedings.
8. For the purposes of the Code of Criminal Procedure Burmese
shall be deemed to be the language of all Courts of Benches of
Magistrates in Upper Burma. . '
9. The Bench shall sit at such place and on such dates as the
District Magistrate may prescribe. The Honorary Magistrates shall
sit in the rotation arranged by the Magistrate of the district or divi-
sion; but any Magistrate may sit at any time provided he is not
personally interested in the case before the Bench.
10. The Chairman of the Bench for the time being shall be the
Magistrate of highest powers present at a sitting. Where two or
more are of equal powers, the Bench may elect its own Chairman:
provided always that it shall be in the discretion of the Magistrate of
the district to appoint the Chairman for each time of sitting or gener-
ally.
II. Each member of the Bench shall have a voice in deciding as
to the admissibility of evidence and in the.ﬁnding and sentence. In
a Bench of three or other uneven number of members the opinion of
the majority shall prevail. When the members are even, the Chair-
man shall have a casting vote.
12. The Bench may refer any point of law for the opinion of the
Magistrate of the district or division, or of any 1st class Magistrate
appointed by the Magistrate of the district for that purpose, and the
Magistrate may certify his opinion thereon.
No. 24 of 1889.
UNDER the orders of the Government of India periodical
Returns of probates returns showing grants of probate and ad-
and letters-of- ad- ministration made in the case of the estates
mlmstratlon' of persons of European extraction are sub-
mitted by District Courts in Lower Burma. Such returns
have not hitherto been submitted by District Courts in Upper
Burma. The Chief Commissioner now requests that such
(81)
reports may be submitted in future in the form appended to
this circular. Districts Courts should submit monthly returns
to Commissioners, who should submit combined returns to
this ofﬁce in the form appended hereto. Returns need not be
submitted for months in which no grants have been made. It
must be borne in mind that the return should include grants
made in the estates of persons of European extraction only,
whether they are British subjects or not.

Return of Grants of Praéates and Letters-of-Admz'nz'stratz'on made
in the Estates of all persons of European extraction w/zether


Brz'tz's/z subjects or not, in the Division for the
month Of 189 ‘
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DATED
The 189 . ) Commissioner.
No. 164-418., dated Rangoon, the 8th August 1889.
. CIRCULATED to Commissioners and Deputy Commissioners
in Upper Burma.
II
( 82 )
No. 25"of 1889.
THE Chief Commissioner’s attention has recently been
Detantionofpersons drawn to the fact that prisoners in Upper
under trial. Monthly Burma are sometimes detained for unneces-
refum' sarily long periods pending trial. At pre-
sent there is practically no check on the action of the police
and Magistrates in detaining prisoners under trial because no
returns showing the periods during which prisoners are so de-
tained are submitted to Commissioners.
2. The Chief Commissioner considers it necessary that
Commissioners should be enabled to exercise supervision over
the action of the police and of Magistrates in this matter.
He accordingly directs that a return, in the form* appended
to this circular, shall in future be submitted at the end of each
month to the District Magistrate, who shall transmit it, with
such remarks as he may see ﬁt to make, to the Commissioner.
Under-trial prisoners are conﬁned in police stations and jails.
The Chief Commissioner directs that the return now prescribed
shall be submitted by each ofﬁcer in charge of a police station,
through his superior ofﬁcer, and by each officer in charge of
a jail. It must be understood that the return applies not only
to prisoners who have been brought before a Magistrate, but
also to prisoners who have not yet been charged. It should
include all persons without exception who are in conﬁnement
otherwise than under a sentence passed by a Criminal Court.
The Chief Commissioner hopes that Commissioners and
District Magistrates will carefully scrutinize returns submitted
to them under these orders and will see that prisoners are not
detained for needlessly long periods pending trial.
4. Copies of the form now prescribed are forwarded here-
with. Additional copies can be obtained from the Superin-
tendent, Government Printing, Rangoon.
“—
No. 330-950, dated Rangoon, the 9th September 1889.
CIRCULATED to Commissioners and Deputy Commissioners
in Up er Burma; the Inspector-General of Police and District
Superintendents of Police in Upper Burma; the Inspector-
Generals of jails and Superintendents of Jails in Upper
Burma.
,______
* New forms were prescribed by Circular No. 30 of 1889.
'(83)
NO. 26 Of 1889.
To all Commissioners of Divisions, Burma, No. 578-153P., dated Rangoon, the
ﬁst October 1889.
I AM directed-to invite your attention to General Department
, Application to vil- Circular N 0. 17 of 1889 and to ask whether
lag? headmen °f the standing orders in respect~of the pro-
standing orders relat- - . -
ing to dismissal of cedure to be observed in the dismissal of
Government servants- Government servants is observed when vil-
lage headmen are dismissed. If not, I am to request that the
procedure laid down in the above quoted circular may be ob-
served in future.
No. 28 of 1889.
To the Inspector-General of Police, Burma, N0. 586-702P., dated Rangoon, the
22nd October 1889.
WITH reference to the correspondence ending with your
Rules for release letter No. 6288-48M., dated the 27th Sep-
°f c°nvicts' tember 1889, I am directed to forward copies
of revised rules regarding the release of certain classes of
convicts?lé These rules apply to the whole of Burma and
supersede those forwarded with this ofﬁce letter No. i-20P.,
dated the 2nd March 1885.
N o. 587-702P., dated Rangoon, the 22nd October r889.
COPY of the above forwarded to Commissioners, Inspector-
General of Prisons, Deputy Commissioners, and Comptroller
for information. .

Rules regarding the Release of certain Classes of Convicts.
PRISONERS convicted of offences noted in the margin will not be
‘ released at the ail
1123,3321}; gates, but will ﬁrst be
Receiving stolen property. brought before t e
Housebreaking, under sections 457 to 460, Indian MagIStrate 0f the (115'
Penal Code. trict in which they are
Bad livelihood, under section 110, Criminal Pro- at the time conﬁned,
cedure Code. - -
Twice or oftener convicted under Chapters XII or before the DIStrICt
and XVII of Indian Penal Code. Superintendent of P9-
lice, as hereafter di-
rected.
2. If the home of such prisoner be situated in the same district as
that in which he is conﬁned at the time of expiry of sentence, he
will, subject to the orders of the Magistrate of the district, be brought
before the District Superintendent of Police, who will send ‘him in

* These rules apply to convicts returned from Indian jails, but not to life-convicts
returning from the Andamans. e
(84)
custody to his home, to be released there in the presence of the
headmen of the village. If the Magistrate of the district so direct,
prisoners forwarded for release under this rule will be brought
before him previous to being sent to their homes.
3. If the home of such prisoner be situated in another district
than that in which he is conﬁned when his sentence expires, he will
be forwarded to the District Superintendent of Police of the district
where he is conﬁned, by whom he will be sent, in custody of the
police, to the Magistrate of the district in which his home is situated,
who will, either by general or by special order, hand him over to
the police to be dealt with as laid down in section 2.
4. It will be the duty of the ofﬁcer in charge of the jail to cause
such prisoner (whether his home be in the same district or in
another) to be brought before the Magistrate or the District Superin-
tendent of Police together with an extract in Form B, Police Cir-
cular No. 255, on such date before the expiry of the sentence as may
allow time for the journey of the prisoner to his home, so that his
ﬁnal release may take place on the date on which his sentence’ of
imprisonment expires, and all authorities concerned will note care-
fully the date of expiry of the sentence, so that the release may be
punctually carried out on that date.
5. If such prisoner have no ﬁxed home, and be conﬁned in the
district in which he was originally convicted, he shall be forwarded
to the District Superintendent of Police for release. If he was
originally sentenced in another district, he shall be brought before
the Magistrate of the district, who may either forward him in cus-
tody to the Magistrate of the district in which he was convicted for
release, or may order his release at the jail gate on the expiry of his
sentence. '
6. in all cases a prisoner shall be furnished with money sufﬁcient
to support him for four days after the date of his ﬁnal release, pro-
vided he have no private means.

No. 30 of 1889.
To Commissioners in Upper Burma, lglo. 497-950, dated the 14th November
I 89.
IN continuation of this ofﬁce endorsement No. 33o-95C.,
Modiﬁes Circular dated the 9th September 1889, I am directed
NO- 25- to say that the Chief Commissioner considers
it expedient that the statement prescribed in Judicial Depart-
ment Circular No. 25 of 1889 should show clearly the length
of the detention of each prisoner which it includes. The
Chief Commissioner accordingly directs that the statement
appended to this letter shall be substituted for that prescribed
in the circular quoted above. .
20a


l.-
* Para raph 2 was superseded by letter N o. 933-937—~85I., dated the.3oth August
1890. T e returns should now be submitted to the Judicial Commlsswner, Upper
Burma, when detentions are inordinately tong and not satisfactorily explained.
_ (85)
Monthly statement showing the prisoners in conﬁnement on the
I89 , in the Division, otherwise than
under sentence of a Criminal Court.
NUMBER or riusonsns uswzn DETEN- j

TION FOR
i; a: i: w r: 45 .
,3 82 $12 *5 Explanation of
Name of Jail 5 3 I 'U “ g detention in case of
or police ,6 g a gig ‘ a, prisoners detained
station. 5 Q 5 Bi j g for more than
H
a: ﬁg vi 5,, *5 g I g 15 days.
a; '5 5153!" '75 c E l ,5
'U "U q; l
q, E c If) a c c: j 2
g: 0 w H 0 <1 0 O
O 2 E 2

-


M

Monthly statement showing the Prisoners zn conﬁnement on the
police station


189 , in the ——---—----—-jm., otherwise than
under sentence of a Criminal Court.
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+4 2:13.:
U) C +4
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N 0. 498-950, dated Rangoon, the 14th November 1889.
COPY of the above, with 200 spare copies, forwarded to
the Inspector-General of Police for information and guidance.

(86)
N 0. 499-950, dated Rangoon, the 14th November 1889.
COPY of the above, with 100 spare copies, to the Inspector-
General of Jails for information and guidance.

No. 31 of 1889.
IN this ofﬁce letter No. 4i-223P., dated the 2nd April
Extension of 1889, Commissioners of divisions in Upper
Gambling Act to Burma were asked to advise as to the expe-
UPPe’ Burma" diency of extending to the whole of Upper
Burma so much of the Gambling Act (III of- 1867) as does
not already extend thereto. From the replies which have been
received it appears that the weight of opinion is strongly in
favour of the extension of the Act, provided that the power
of issuing warrants under section 5 of the Act is exeréised by
none* but Deputy Commissioners and Subdivisional Ofﬁcers.
The Ofﬁciating Chief Commissioner has accordingly decided to
extend the whole of the Act to Upper Burma. A copy of a notiﬁ-
cation giving effect to this intention is circulated herewithqL
s s a e

Draft Notzﬁcationdt
IN the exercise of the power conferred by section 4 of the Burma
Gaming Act, 1884, the Chief Commissioner extends to the whole of
Upper Burma, except the Shari States, all the provisions of Act III
of 1867 which do not at present extend thereto.

Nos. 1i34-108C. and 1135-1080, dated Rangoon, the 28th November 1889.
CIRCULATED to Commissioners and Deputy Commissioners
in Upper Burma, to the Inspector-General of Police and
District Superintendents of Police in Upper Burma.
No. 2 of 1890.
Dated Rangoon, the 28th January 1890.
THE following extracts from Home Department letter No.
775, dated the 14th November 1889, are circulated for the
information of all ofﬁcers concerned :—
From C. J. LYALL, Esq., c.1.E., Ofﬁciating Secretary to the Government of India,
Home Department, to the Chief Commissioner, Burma,-No. 775 (Police),
dated Calcutta, the 14th November 1889.
I AM directed to invite attention to paragraph 6 of the des-
' ,
Employment 0, Mi_ patch§ from Her Majesty s Secretary of
litary Ofﬁcers in the State, NO. 10 (JudlClal), dated the 4th
POIICe' April last, in which His Lordship referred to
* See Circular No. 3 of 1891, page 103, by which this restriction was withdrawn.
“t The last sentence was cancelled by Circular No. 3 of 1891 and is omitted.
1' Issued as Judicial Department Notiﬁcation N o. 37., dated 22nd January 1890
§ Communicated to Chief Commissioner, Burma, by Home Department lette
No. 403, dated 24th June 1889.
(87)
the fact that much disappointment had been felt by Military
Ofﬁcers in recent years who after having served long in the
police wished to return to military duty, but were not per-
mitted to do so. He accordingly desired that if if *
and other ofﬁcers similarly situated should be reminded of the
rule that, if they, having been seconded for a period during
which they have accepted a civil appointment, do not return
to military duty at the close of the period for which they have
been seconded, they will forfeit all right to be at any future time
reinstated in a regiment and will have no claim to compensation
for the loss of the more favourable pecuniary position which any
military employment might have given them.
2. * * * The rules regulating the conditions
*Reproduced in of_service of Military Ofﬁcers in ordinary
gagggjtﬁgng ciVil employ are contained in Articles 275
tion No, ,_74_85, and 276,* Volume I, Part I, India Army
dated 20th March Regulations, under the former of which an
1885' ofﬁcer is seconded after the expiry of one
year’s temporary employment in the police, for ﬁve years, pro-
vided he is likely to be permanently employed, and remains so
seconded for ﬁve years, after- which he must either be struck
off the strength of his regiment or return to it. Under Article
276 ofﬁcers permanently appointed to the police after the Ist
April 1884 cease to be borne on the rolls of their regiments and
are placed on the supernumerary list, and struck off the effec-
tive list of the army after 10 years’ absence from military duty.
The position, however, of regimental ofﬁcers serving in the
Burma military police is different. Their appointments are all
made for a limited term of years, and the conclusion arrived at
by the Governor-General in Council in reference to them is that
it would not be conducive to the interests of the military ser-
vice that the existing limitation of ﬁve years for the seconding
of ofﬁcers in the position of Commandants should be extended.
The exact dates on which their terms of employment expire
are well known beforehand, and there should, in the opinion of
His Excellency in Council, be no difﬁculty in replacing their
services if timely arrangements are made to do so. if if *
—-—I
No. 4'or 1890.
CIRCULATED to all Commissioners and Deputy Commis.
sioners, and to the Inspector-General of Prisons.
(88)
Extract from the Proceedings by the Chief Commissioner in the Judicial Depart-
ment,--No. 199J., dated the zist February 1890.
READ——
Endorsement No. 847-5, dated the 11th February 1890, from the Inspector-Gene-
ral of Jails.
RESOLUTlON.--—The Chief Commissioner desires to remind
Ofﬁcial visitors of Commissioners and Deputy Commissioners
Iailg- that their duties as ofﬁcial visitors of jails
' are not intended to be nominal.
2. The Deputy Commissioner should frequently‘* visit the
jail when he is at headquarters, and should note his visit and any
observations he has to make in the visitors’ bookxf Commis-
sioners should as a rule inspect the jails whenever they go on
tour. The Chief Commissioner looks to the Commissioners of
divisions for assistance in the matter of jail administration as
well as in all other departments of the Government.
3. The careful inspection of the jail and an examination of
the warrants under which prisoners are detained will enable the
Commissioner and the Deputy Commissioner to detect irregu-
larities in the action of the subordinate Magistrates, and will
often prove instructive to them with reference to the adminis-
tration of the district.
——--“
No. 5 of 1890.1
To all Commissioners, No. 145-I74J., dated the 8th March 1890.
THE attention of the Chief Commissioner has been drawn by
. . . the Commissmner of the Irrawaddy Division
SuperViSion of pri- . . , _
soners whose sen- to the need of issumg some directions to
tences have been con- Deputy Commissioners regarding the man-
ditionally remitted. - h - - - -
ner in w ic superwsmn is to be exercised
over released prisoners whose sentences have been condition-
ally remitted by the Chief Commissioner under section 401,
Criminal Procedure Code. You are requested to see that the
accompanying instructions are observed in your diVisions.
2. Copies have been sent to Deputy Commissioners direct.
it See General Department Circular No. 14 of 1891, which directs Deputy Com~
missioners, when at headquarters, to visit the jail at least once a month.
1‘ The principal points to which ofﬁcial visitors should direct their attention have
been detailed in a memorandum by the Inspector-General of Jails circulated with
Judicial Department Endorsement No. 583-16J.—-8, dated 25th January 1892.
I See Circular No. 17 of 1891, applying these orders to criminals pardoned with-
out trial or before sentence.
(89)
Instructions for the supervision of Convicts whose sentences have
been conditionally remitted by the Clzief Commissioner under
section 401, Criminal Procedure Code.
I. There shall be kept at every police station a register* of con-
victs released conditionally under section 401, Criminal Procedure
Code, in the annexed form, in which shall be entered the cases of all
such convicts residing within the jurisdiction of the station.
2. The Township Ofﬁcer shall keep up for his township a similar
register which shall contain all the cases included in the registers of
the police stations of the township. When the Township or Subdi-
visional Officer goes on tour he should take these registers with him
and test the entries, ascertaining that the convicts are fulﬁlling the
conditions of their release and that their sureties are solvent. Ofﬁ-
cers of police when on tour shall similarly test the station registers.
The choice of the village in which a convict is to be permitted
to reside shall ordinarily be left to the convict himself.
4. The headman or kyedangyi of the village in which a released
convict elects to reside shall be given a paper showing the name of
the convict and his descriptive-roll, the offence of which he has been
convicted, the conditions of his release, the names of his sureties, if
any, and he shall be bound to report to the nearest police station the
absence of such convict from the village for a period exceeding 24
hours, and also any act or misconduct of which the convict may be
guilty in breach of the conditions of his release.
5. Every released convict shall be bound to report himself to the
nearest police station every three months for the ﬁrst year of his re-
lease and every six months for the second year, after which he need
not report himself unless the Deputy Commissioner shall direct him
so to do.
6. The police ofﬁcer in charge of a station shall note in the last
column of the register the dates on which reports required by these
rules are made and shall notify the making or the omission to make
such reports, as the case may be, to his Township Ofﬁcer.
7. If the headman or kyedangyi reports the absence of a convict
from a village, or if a convict fails for seven days after the prescribed
date to report himself as required, the officer in charge of the police
station shall enquire at once into the case and shall, if necessary, take
steps to arrest the convict and bring him before the Township Ofﬁcer
for orders.
8. In carrying out these rules the Deputy Commissioners and their
subordinates are enjoined to take care that the released convicts are
not in any way needlessly harassed. Every assistance should be
given to them so long as they endeavour to live honest lives.

* See Circular No. _17 of 1891 of the Inspector-General of Police for instructions
as to keeping this register.
12
06)
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,E'syoonp pedepuennns [o pun .cenoosszmznog fact/j) an; ,[o depno do pesnejen dﬂnuozrzpuoo sneuosud f0 neiszﬁ’og
( 91 )
No. 7 of 1890.
No: 146-1751., dated Rangoon, the 7th April 1890.
COPY of the following forwarded to all Commissioners and
Deputy Commissioners, to the Inspector-General of jails, and
to all Civil Surgeons and Superintendents of Jails for infor-
mation and guidance. The practice of keeping supposed
lunatics in civil hospitals or dispensaries for observation should
be discontinued in districts Where there is an asylum or jail.

Judicial Department Notiﬁcation N o. 114, dated Rangoon, the 7th April 1890.
UNDER the provisions of section 6A (3) of Act XXXVI of 18 58, as
amended by Act XVIII of 1886, the Chief Com-
t. R“? {gr Obser‘éaé missioner makes the following rules :
-hllonlt?cs_s p p O S 1. The place of detention of s u p p o s e d
lunatics detained under the provisions of sec-
tion 6A of Act XXXVI of 1858 shall be the Lunatic Asylum in dis-
tricts Where there is one and the jail in districts Where there is no
such asylum.
2. The place of detention of supposed lunatics in districts in
which there is neither an asylum nor a jail shall be the hospital or
headquarters lock-up as the Magistrate may in each case direct.
3. When a lunatic is detained in a jail the Superintendent shall
make the best arrangement in his power for the comfort of the
lunatic, having regard to his class and condition in life, and shall keep
him as far as possible apart from the convicts.
4. The certiﬁcate required by section 4 shall be signed either by
the Civil Surgeon (or, if there is no Civil Surgeon, by the Chief Civil
Medical Ofﬁcer at the district headquarters) or by the oﬂicer in
medical charge of the jail or lunatic asylum, who shall himself ob-
serve the supposed lunatic for the purpose of forming an opinion on
his state of mind.
No. 8 of 1890.
To Commissioners of Divisions (except the Northern Division) and the I nspector-
General of Police, dated Rangoon, the 11th June 1890.
I AM directed to invite a reference to the correspondence
commencing with this ofﬁce letter No. 199-
Disposalofdeceased 9523, dated the 7th December 1889, con-
military police sepoys’ cerning the procedure followed in disposin
estatfls- of the estates of deceased sepoys of the
military police.
2. The replies given to that letter show that in practice no
inconvenience has yet arisen on account of the absence of
special legal authority whereby Battalion Commandants and
District Superintendents may deal with police sepoys’ estates.
(927
All Battalion Commandants are Police Ofﬁcers in the sense
of section 25 of the Police Act and they can therefore take
charge, under the provisions of that section, of the effects of
deceased sepoys in the same way as of other unclaimed pro-
perty. They can furnish the prescribed inventory to the
Magistrate, stating how it is intended to dispose of the pro-
perty of the deceased, and the Magistrate can, and except for
some special reason, should direct that it shall be disposed of
accordingly. When the property is of a perishable nature, it
should be sold by auction as soon as possible and the proceeds
held in deposit,
3. I am to request that instructions may be issued in the
sense in dicate d above to District Superintendents of Police.
Battalion Commandants.

No. 356-63P., dated Rangoon, the 11th June 1890.
COPY of the above forwarded to the Commissioner of
the Northern Division for information and guidance, with
reference to his letter No. 277-111, dated the 12th October'
1889. A copy of this ofﬁce letter No. 199-952P., dated the
7th December 1889, is also forwarded.
No. 13 of 1890.
Dated Rangoon, the 10th October 1890.
THE Chief Commissioner has recently had before him a case
in which, owing to want of supervision and
Controlof Police by to the incapacity and misconduct of the
g°§§ifsg°ynergognﬁs_ District Superintendent, the whole police
sioners. administration of a district has been allow-
ed to lapse into a state of corruption and
disorganization. Apart from the personal laches of the Dis-
trict Superintendent, which are now the subject of enquiry,
the Chief Commissioner thinks there can be no doubt that_
want of supervision and control is one of the main causes of
the discreditable state into which the police administration of
the district in question was permitted to fall. The supervision
of the police administration belongs primarily to the Inspector-
General of Police and his Deputies. But the area of the
province is so large and the police force so numerous that it
is clearly impossible for these ofﬁcers to devote the necessary
time and attention to the close supervision of all districts.
Moreover, neither the Inspector-General of Police nor his
Deputies have the local knowledge necessary to enable them
(93)
to deal satisfactorily and thoroughly with the police adminis-
tration of all parts of the province. The general control of
the police force of the district is vesfed by law in the District
Magistrate, and the Commissioner is the Head of all branches
of the administration in his division. The working of the
police comes constantly before these officers in the cases
which they try. They are on the spot and in communication
with the people, and they can watch the conduct of the police
and ascertain the general character of the force in a manner
and to‘a degree not possible to the inspecting officers. Al-
though the subordination of the police to the Commissioner
and Deputy Commissioner has/been frequently recognized and
laid down, there is still no doubt a tendency to treat the police
as a separate department responsible only or in the main to
its own Head and to look upon the failure of the police ad-
ministration of a district as a matter with which neither the
Commissioner nor Deputy Commissioner is closely concerned.
The Chief Commissioner is convinced that if the police ad-
ministration is to be put on a proper footing this tendency
must be checked. Commissioners and Deputy Commis-
sioners must assume their rightful place as the responsible
and controlling superior ofﬁcers of the Police Department.
Matters affecting only the internal economy of the force must
be left to District Superintendents under the control of the
Inspector-General of Police. But the Commissioner and
Deputy Commissioner must not hdld themselves absolved '
from direct responsibility for the efﬁciency of the police under
their control. They will be required to maintain a close and
watchful supervision over the working of the police, to see
that standing orders are observed, that the Native ofﬁcers and
men of the force are carefully selected, that promotions are
made on grounds of merit and not by favour, that the guards
are in an efﬁcient and orderly state, that due attention is paid
to the detection and prevention of crime, and above all that
corruption and oppression are not tolerated and are put down
with a strong band. In the course of their tours the Com-
missioner and Deputy Commissioner must inspect guards
both at headquafters of subdivisions and townships, and in
the interior; and‘they will not be held free from blame if
crime increases and remains undetected, if the Native ofﬁcers
and men of the force are corrupt or inefﬁcient, or if irregulari-
ties are allowed to occur in the management of police stations
under their control. The close and continual supervision
which the Inspector-General and his Deputies cannot give to
(94)
every district can without difﬁculty be maintained by the local
ofﬁcers. It is to the ommissioner and the Deputy Com-
missioner that the Chief ommissioner will look for the regular
control of the police, and it is requested that no effort may
be spared to render the police efﬁcient and to maintain it in
a satisfactory state. These orders are not intended to re-
lieve the Inspector-General of Police and his Deputies of the
supervision of the working of the police, but to provide an
efﬁcient local agency for supplementing their exertions. The
Chief Commissioner looks to Police and District Ofﬁcers to
work in concert, and to allow no jealousy to interfere with the
efﬁciency of the administration. _
Circulated to Commissioners, Inspector-General of Police,
and Deputy Commissioners. ‘

No. 14 of 1890.
Dated Rangoon, the 7th November 1890.
THE following rules for the levy, collection, expenditure,
and adjustment of the cost of additional
8:511? 6%; lg}; 133’: police employed under section} 5, Act V
,ivé’policg p of 1861, are circulated for the information
and guidance of all ofﬁcers concerned. '
Circulated to Commissioners, Inspector-General of Police,
Deputy Commissioners, District Superintendents of Police,
and the Comptroller.

~
Rules for the levy, collection, expenditure, and adjustment of the
cost of additional police employed under section 15, Act V of
186L.
1. When, in consequence of the disturbed or dangerous state of
any part of a district, or for any other reason, it is deemed ekpedient
to increase the number of police in that district, the Deputy Com-
missioner shall submit a statement to the Commissioner of his di-
vision specifying the strength of the additional force required, with an
estimate of the cost. The statement and estimate shall be prepared
in consultation with the Superintendent of Police of the district.
'The estimate must show the proposed cost of the pay of the force
and must include incidental charges, which should be shown in detail
under the following heads :--
(1) Cost of building police stations or barracks.
(2) Cost of clothing (i.e., % per cent. per month on the month-i
ly cost of the force for every month for which, the force
is proposed to be entertained). -
(3) Wear-and-tear of arms and ammunition (i.e., g- per cent.
per month for every month for which the force is proposed
.'(95)
to be entertained, the percentage being calculated on the
estimated monthly cost of the pay of the force.)
(4) Other contingencies, such as lighting, &c. (at g“ per cent.
of monthly pay of the force).
(5) Travelling charges (according to estimated requirements).
2. After scrutinizing the proposal and examining the estimate the
Commissioner of the division, if he approves the proposal and con-
siders the estimate correct, shall forward them to the Inspector-
General of Police for submission to the local Government.
3. The Inspector-General of Police shall submit the proposal with
_the estimate to the local Government, with his report on them.
4. If the proposal is approved, the local Government will issue
the necessary notiﬁcation in the Burma Gazette, specifying the
strength of the force, the total estimated cost to be recovered, and
the period for which the force is to be entertained.
5. On publication of the notiﬁcation the Inspector-General of Police
shall issue the necessary orders for the entertainment of the force.
6. In accordance with section 1 5 of Act V of 1861 the Deputy
Commissioner, after enquiry, if necessary, shall assess the proportion
in which the amount is to be' paid by the inhabitants according to
his judgment of their respectiiie means. The amount to be so as-
sessed shall be in the ﬁrst instance the exact amount of the estimated
cost as notiﬁed in the Gazette, neither more nor less.
7. Special pages must be opened by the Deputy Commissioner
in the revenue demand register, and a balance must be struck every
month, clearly showing the amount still due for collection.
8. At the close of each month the Deputy Commissioner shall show
separately, in his statement of monthly revenue collections submitted
to the Commissioner of the division, the amount collected during the
preceding month under each notiﬁcation, a separate column or line
being given to each separate notiﬁcation.
9.* The Commissioner of the division shall watch the collections in
his capacity of revenue controlling ofﬁcer. If the Commissioner ﬁnds
that the collections are not being made with due regularity, he shall
call the attention of the Deputy Commissioner to the fact and issue
necessary orders on the subject.
IO. All proposals for remissions should be submitted by the De-
puty Commissioner to the Commissioner for the sanction of the local
Government. If sanction is accorded, the amount so sanctioned will
be written off the Demand register in the ofﬁces both of the Com-
missioner and of the Deputy Commissioner.
11. To check the monthly collections reported by the Deputy
Commissioner to the Commissioner the Comptroller shall also report
to the Commissioner the actual amount shown in the Treasury cash
account as collections on account of punitive police tax.
12. The District Superintendent of Police shall submit separate
ay bills for each punitive police force in his district. Each bill
shall be distinctly headed with the notiﬁcation under which the force


is entertained.
* As amended by Judicial Department Circular N o. 19 of Ifigr.
(96?.
13. The District Superintendent of Police shall keep separate
pages in his contingent register forgeach force, and shall be careful
not to mix up these charges with one another, or with the general
contingent charges of the district force. The accounts shall be
drawn on separate contingent abstracts headed “Judicial Depart-
ment Notiﬁcation No. , dated ” and adjusted
by separate monthly detailed hills, which shall be submitted to the In-
spector-General of Police as controlling ofﬁcer for countersignature. '
14. The' Inspector-General of Police as controlling ofﬁcer for
expenditure shall scrutinize the charges, especially in reference to
the amount shown in the notiﬁcation as incidental charges (i.e., the
total estimated amount minus the pay of the force shown in the mar-
gin of the notiﬁcation), and shall see that the charges are properly
debitable to the force and not to the general charges of the district.
I 5. The Inspector-General of Police shall enter the charges in
separate pages of his Contingent register, a separate page being
assigned for the expenditure of the force raised under each notiﬁ-
cation. The progressive total in the register will show whether the
estimate for incidental charges alluded to in paragraph 14 has been
exceeded or not. If the Inspector—General ﬁnds that the estimate is
being exceeded, he shall bring the fact to the notice of the Commis-
sioner, who shall, if necessary, direct the Deputy Commissioner to
make a further assessment.
16. At the end of the period for which the force is entertained
the Deputy Commissioner, in consultation with the District Superin-
tendent of Police, shall make up an account-current of receipts and
charges in connection with each force in the form attached.
The cost of clothing and arms and accoutrements cannot always
be charged separately to the punitive police owing to the short du-
ration of the entertainment of the force. These items should generally
be supplied from the stock for the general force of the district, unless
the punitive police force is to be entertained for a long period; but
in the account the share of incidental charges for clothing and arms
and accoutrements ﬁxed in paragraph I should be separately charged
as expenditure on that account in order to arrive at the actual net
surplus of the collections.
The account will be prepared in triplicate and the copies will be
sent, one each, to the Comptroller, the Commissioner of the division,
and the Inspector-General of Police.
If the receipts exceed the expenditure, the Deputy Commissioner,
under the Commissioner’s orders, shall refund the excess ratably to
the persons from whom the cost of the force has been collected.
The Commissioner and the Deputy Commissioner are responsible
that refunds under this rule are not made unless they are due.
17. The Deputy Commissioner shall be responsible that the re-
funds are made to the proper persons, and shall in every case obtain
the receipt of the payee for the amount paid The receipt shall
accompany the monthly accounts sent to the Comptroller.
18. If the expenditure exceeds the receipts, the Deputy Commis- ’
sioner, under the Commissioner’s orders, shall ordinarily make a
further assessment and shall collect the amount necessary to make
(97')
u the deﬁciency. If for any reason the Deputy Commissioner con-
s1ders that a further assessment should not be made, he shall repre-
sent the matter to the Commissioner, who shall, if he agrees with the
Deputy. Commissioner, refer the matter through the Inspector-Gene-
ral of Police for the orders of the local Government.
19. When all the receipts and expenditure have been brought to
account and any refunds under Rule 16 paid, a statement showing
the receipts and expenditure shall be prepared by the Deputy Com-
missioner and submitted through the Commissioner, Inspector-Gene-
ral of Police, and Comptroller, to the local Government for infor-
mation and for orders, if necessary. The statement shall be in the
form attached to these rules.
I3
as l
f.
0
An Accou’nt-current showing the Receipts and Expenditure in connection with the Punitive Police Force enter»


tained under local Government’s Notiﬁcation No. , dated 189
Month of credit - Treasury l
in treasury Particulars of receipt. Amount. Date giggimem by voucher Particulars of payments. Amount.
accounts. 3" N 0.
Rs. A. P. / Rs. A 1’
April 1890 . Punitive police tax 339 0 0 20th April 1890 :14 ‘Pay of force for March 1890 300 o 0
May 1890 Ditto 679 1 0 6th May 1890 20 Pay of force for April 1890 300 0 0
June 1890 Ditto 1,000 o 2 6th, May 1890 21 Contingencies I6 0 0
July 1890 Refund of undisbursed pay 0 3 0 10th June 1890 10 Pay of force 300 0 0
i ‘ gotal cash payment 916 0 ’0
Amount of estimated 60st 50 0 0
for clothing. ,
Arms and accoutrements 25 0 o
, as ﬁxed in the notifi-
cation. 1
Total expenditure 991 0 0
10th August 1890 Refunds of excess collections 1,027 4 2
j Total . 2,018 4 2 Total A 2,018 4 2
Checked with the treasury accounts and found correct.
Treasury Oﬁicer. District S uperintendent of Police. Deputy Commissioner, district.
I
(1 9'9 )
No. 15 of 1890.
Dated Rangoon, the I 3th November 1890.
IN paragraph 12 of the Criminal Justice Report of- Lower
Inﬂ'kdon of gem Burma for the year 1889 the Judicial Commis-
lences “whipping, Sioner quotes a statement of the Commis-
sioner of Arakan that Whippings inﬂicted at
out-stations “are a mere farce, as they have to be carried out
“by Burmese constables, who object to the duty, and some-
“ times do the whipping badly on purpose.” From enquiries
since made on the subject there is reason to believe that the
punishment of whipping as inﬂicted beyond the headquarters
of districts is carried out in an unsatisfactory manner as there is
no regular agency for the purpose at out-stations. ltjs neces-
sary that the punishment should be sufﬁciently severe to act as
a deterrent. It is therefore directed that, at all headquarters
of subdivisions or townships where there is no jail, one of the
menial servants of the Court shall be appointed to execute sen-
tences of whipping. The satisfactory performance of this
duty shall be made one of the conditions of his appointment.
2. The orders given above refer only to sentences of whip-
ping in lieu of imprisonment and not to sentences of whipping
in addition to imprisonment. The execution of sentences of
the latter class should always be deferred until the prisoner’s
arrival in jail. ~
3. The Chief Commissioner takes this opportunity of re-
minding Magistrates that the precaution of having a Medical
Ofﬁcer present at the time of the inﬂiction of the punishment
need not be observed unless it is practicable, that is, unless it
can be observed without causing undue delay .and inconveni-
ence. It is always practicable at district headquarters, and
generally also at subdivisional headquarters, but at township
headquarters it is seldom practicable, and in these cases the
provisions of the law are complied with by the presence and
supervision of the Magistrate. ~
. Circulated to Commissioners and Deputy Commissioners.

No. 417-169C., dated Rangoon, the 13th November 1890.
COPY of the above forwarded to the Judicial Commissioners
of Lower and Upper Burma for information.
'
un-_—_“
No. to of 1890.
‘ Dated Rangoon, the 24th November 1890. I
SEVERAL instances have recently occurred in which the pro-
_Pa.-dons to cri- cedure of ofﬁcers in respect of the pardon of
mmals-_ criminals has been at variance with the law
100 )
and with the ofders of the Executive Government. The Chief
Commissioner consider it necessary to remind ofﬁcers of the
provisions of the law on the subject and to repeat the orders
which were issued in the years 1887 and 1888* -
2. Section 337 of the Code of Criminal Procedure lays
down clearly the only cases in which a Magistrate can tender
pardon to criminals. The powers of Courts of Session and
High Courts in this respect are exactly similar to those of
Magistrates. N o ofﬁcer, unless he is expressly authorized by
the Chief Commissioner in this behalf, has the power to grant
an amnesty or pardon to offenders as an act of mercy. This
power is vested in the Head of the Executive Government, that
is, in Burma, in the Chief Commissioner.
3. The Chief Commissioner considers it necessary to point
out that Courts of Justice should conﬁne themselves to admi-
nistering the law and should not concern themselves with the
circumstances under which criminals surrender or are captured.
These circumstances are for the Executive Government to con-
sider. It is for the EXecutive Government, and not for the
Courts of Justice, to decide, for example, whether one of its
servants has given a promise of pardon or clemency and whe-
ther such a pardon should be regarded as binding. If the
Government is to be bound by every promise which any of its
servants takes upon himself to make to a criminal, then every
police constable who induces a prisoner to surrender or to con-
fess by holding out a promise of immunity from punishment
can pledge the Government to a certain course of action. The
power to make promises of pardon has not been delegated to
any subordinate ofﬁcial except under extraordinary circum-
stances, and a Judicial Officer in taking cognizance of such a
promise in his judicial capacity and dealing with it as an issue
in the trial of an accused person adopts a course which is
contrary to recognized practice.
4. The procedure in cases of this kind was deﬁnitely pre-
scribed for Upper Burma in Judicial Department Circular N o.
12 of 1888, the provisions of which are still in force.
“ It is not improbable that cases may arise in which it may be deem-
ed advisable to pardon a criminal who has surrendered or has been ar-
rested. Such cases would be the cases of criminals who gave valu-
able information, of villagers who had temporarily joined dacoit
gangs and who had through ignorance failed to avail themselves of
the opportunities of surrendering which have hitherto existed, and of
criminals who after being concerned in some crime committed during
the disturbances of 1886 and 1887 had since lived a peaceable, life.
* See Circular_N0. 12 of 1888.

(101)
‘ C3565.
Cases of this kind should be dealt with pnder section 401 of the Code
of Criminal Procedure. The criminal should be tried, convicted,
and sentenced in the ordinary course. A report should‘ then be sub-
mitted to the Chief Commissioner stating the grounds on which it is
recommended that the sentence should be remitted, and the conditions
which it is proposed to attach to the grant of pardon.”
Similar instructions were issued in the lower province in
Judicial Department letter No. 611»46C., dated the 23rd Sep-
tember 1887, and are still in force. The orders on this subject
apply to all cases in which the exercise of clemency seems
desirable for extra-judicial reasons, that is, for reasons which
are insufﬁcient to procure a judicial acquittal or to inﬂuence
the Judge in deciding the degree of punishment which should
be awarded with reference to the guilt of the accused. The
course laid, down in the circular should be followed, whether
circumstances on which the recommendation to clemency is
based have come to light in the course of a judicial proceeding
or otherwise.

N o. 851-121C., dated Rangoon, the 24th November 1890.
COPY of the above forwarded to the Judicial Commissioners,
Lower and Upper Burma, for information.
Circulated to Commissioners and Deputy Commissioners.
——
N0. 17 of 1890.
WHEN Deputy Commissioners apply to Commissioners for
Employment of the servicesof an. Advocate to conduct the
Advqcates for pro- prosecution in a criminal case, the application
secut‘on ‘“ "‘mm‘ should not be sent on to the Chief Commis-
sioner for sanction, unless the Commissioner
is satisﬁed that the case is one of such exceptional importance
and difﬁculty as to justify the expense of engaging a lawyer.
The mere fact that an Advocate has been engaged for the de-
fence is no reason for employing a lawyer for the prosecution.
2. If it is considered that a lawyer ought to be engaged for
the prosecution, the Commissioner should submit the record of
the case, with his recommendation, in order that the Chief
Commissioner may have the means of coming to a decision on
the matter. The Magistrate or Judge by whom the case is to be
tried should at the same time be moved to ﬁx a date which
will give time for the consideration and disposal of the 're-
ference made to the Chief Commissioner.
1
(102)
No. 57-134C., dated Rangoon, the 2nd December 1890.
COPY forwarded to the Judicial Commissioners of Lower
and Upper Burma, and to the Government Advocate, for infor-
mation.
Circulated to Commissioners.
N0. 2 of 1891.
Dated Rangoon, the 7th January 1891.
THE attention of all Magistrates and Police Ofﬁcers in
. _ _ Upper Burma is invited to the provisions of
Detentlon 0‘5 Pr" Clause VIII of the Schedule to the Upper
soners under Clause . . . .
VII] of Scheduler.) Burma Criminal Justice Regulation, 1886, by
upper BUFma Cri- which ofﬁcers in charge of police stations are
ﬁjjlaijusme Regu— authorized to detain persons arrested without
warrant “ so long as under all the circum-
stances of the case is reasonable.” This clause affords a con-
siderable relaxation of the terms of sections 57 and 61 of the
Code of Criminal Procedure, 1882, under which the period of
detention by the police of a person arrested without warrant
cannot, without the special order of a Magistrate, exceed 24
hours, exclusive of the time necessary for the journey from the
place of arrest to the Magistrate’s Court.
2. It is necessary that Deputy Commissioners and Sub-
divisional Magistrates should closely scrutinize the action of
the police under this clause. Police Ofﬁcers are bound under
section 62 of the Code of Criminal Procedure to report to the
Magistrate the cases of all persons arrested by them without
warrant, and when the detention of any such person exceeds
24 hours in duration the detaining ofﬁcer is bound by the Cri-
minal Justice Regulation, 1886, to state in his report his
reasons for prolonging the detention of the person. On re-
ceiving reports of this nature it is the duty of the Magistrate
to satisfy himself that adequate reasons are giveh by the
police for prolonging the detention of the accused person
instead of sending him forthwith to the Magistrate. Unless
it is clear to the Magistrate that the ends of justice will be
materially advanced by continued detention in police custody,
he should on receipt of the report under section 62 order the
accused person to be brought before him. Furthermore,
failure to submit promptly the reports required under section
62 of the Code of Criminal Procedure should be severely
noticed.
Circulated to Commissioners, Deputy Commissioners, and
District Superintendents of Police in Upper Burma.
(103)
N0. 3 of 1891.
Dated Rangoon, the 4th February 1891.
IN Judicial Department Circular No. 31 of 1889 the power
Issiueofwarrams of issuing warrants under section 5' of the
umde, Gambling Gambling Act III of 1867) was restricted to
Act in U P P M District Magistrates and SubdiVisional Ma-
Burma' gistrates whose headquarters were other than
the headquarters of the District Magistrate. The Chief Com-
missioner considers that this restriction need no longer be
imposed, arid he accordingly withdraws it. Deputy Commis~
sioners will be responsible for seeing that the powers given to
Magistrates of the Ist class and to District Superintendents
of Police by section 5 of the Act are not abused.
Circulated to Commissioners, Deputy Commissioners, In-
spector-General of Police, and District Superintendents of
Police in Upper Burma. '

No. “57-2150, dated Rangoon, the 4th February 1891.
COPY forwarded - to the Judicial Commissioner, Upper
Burma, for information with the intimation that no action will
be taken in Upper Burma under section 5 of the Burma
Gaming Act, 1884. '
N0. 5 of 1891.
Dated Rangoon, the 23rd February 1891.
IT has been brought to the Chief Commissioner’s notice
that ofﬁcers who have been granted escorts
for personal protection occasionally make over
public ‘,money to their escorts without any previous intimation
'of their intention to do so, and without observing the precau-
tion of placing the money in proper cash-chests.
2. The Chief Commissioner is therefore pleased to direct
that when cash is to be protected it should, whenever practi-
cable, be handed over to the guards concerned in properly
secured treasure-chests, and that the fact that the escort will
be employed in guarding treasure should be distinctly stated
in the requisition, the maximum amount to be entrusted to the
guard at any one time being at the same time mentioned. It
will then be the duty of the ofﬁcer supplying the escort to
arrange its strength in accordance with the orders contained
in Inspector-General’s Circular No. 8 of 1890.
Circulated t_0 Commissioners, Heads of Departments, De-
puty Commissmners, and Deputy Conservators of Forests.
Treasure escorts.
(104)
N0. 6 of 1891.
Dated Rangoon, the 23rd February 1891.
BY Judicial Department Notiﬁcation N o. 24, dated the 31st
‘ January 1883, which is reproduced below for
Appeals by Rail- ready reference, the Chief Commissioner, in
way servants in - .
Cﬁminalcaseg exerCise of the powers conferred by section
422 of the Code of Criminal Procedure, 1882,
appointed the District Magistrate to be the ofﬁcer to whom,
in Lower Burma, the Appellate Court, if it does not reject an
appeal summarily, shall cause notice to be given iof the time
and place at which such appeal will be heard. Similar orders
have now been issued with reference to Upper Burma (Judicial
Department Notiﬁcation N o. 64, dated the 1 2th February
1891). These orders are also reproduced below.
2. The Government of India recently pointed out that, in
the case of appeals preferred by Railway employés, it is desir-
able that the Railway authorities should receive notice of the
appeal. The following is an extract from the letter from the
Government of India on this subject :~—~
“ An instance has lately occurred in which an apparent failure of
justice has resulted from the prosecution not having been represented _
at the hearing of an appeal preferred by a Railway employé who had
been convicted of criminal negligence in connection with a railway
accident, and it has been ascertained that the reason why no one
appeared to support the conviction was that the Railway Adminis-
tration had not received notice of the appeal. It seems desirable,
therefore, that steps should be taken to ensure that notices of appeal
are in such cases sent to the Railway authorities direct by the
Appellate Court, or that at least the needful communication is made
to them by the District Magistrate or other ofﬁcer appointed under
section 422 of the Code of Criminal Procedure.”
The Chief Commissioner accordingly directs that, on feceipt .
of a notice of appeal from the Appellate Court under the exist-
ing orders, District Magistrates shall in all Railway cases at
once send information to the Railway authorities in order
that they may arrange to assist the District Magistrate to
uphold the conviction if they desire to do so.
The Railway authorities to whom District Magistrates should
send information under these orders are, in the case of the
Burma State Railway (open line), the Manager, Rangoon,
and in the case of the Mu Valley State Railway, the Engineers
in-Chief, Sagaing.
LOWER BURMA.
Judicial Department Notiﬁcation No. 24, dated Rangoon, the 315i: January 1883.
UNDER section 422 of the Code of Criminal Procedure, 1882, the
Chief Commissioner appoints the District Magistrate to be the ofﬁcer
(105)
to whom the Appellate Court, if it does not reject an appeal sum-
marily, shall cause notice to be given of the time and place at which
such appeal will be heard. -
The attention of the undermentioned ofﬁcers is invited to the fore-
going notiﬁcation :-
The Recorder of Rangoon.
The Judicial Commissioner.
All Commissioners.
All Deputy Commissioners.
It will rest with the Deputy Commissioner to decide whether he
shall instruct the Government Advocate to appear in appeals before
the— .
Special Court.
.Z Recorder’s Court.
Judicial Commissioner’s Court.
In the case of appeals to the——
Sessions Court,
District Magistrate’s Court,
the Deputy Commissioner will decide whether he shall move the
Government Prosecutor at the Commissioner’s headquarters or the
Government Prosecutor at his own (the Deputy Commissioner’s head~
quarters) to appear on behalf of the sentence against which appeal
is made. Ordinarily such appearance will be hardly necessary.
UPPER BURMA.
Judicial Department Notiﬁcation N oé 64, dated Rangoon, the 12th February
I 91.
IN exercise of the pbwers conferred by section 422 of the Code of
Criminal Procedure, 1882, the Chief Commissioner appoints the Dis-
trict Magistrate to be the ofﬁcer to whom, in Upper Burma, the Judicial
Commissioner and Commissioners of Divisions exercising powers as
Courts of Appeal shall cause notice to be given of the time and place
at which appeals will be heard when not rejected summarily.
Circulated to all Commissioners and Deputy Commissioners for
information and guidance.

No. 542-190, dated Rangoon, the 23rd February 1891.
COPY forwarded to the Secretary, Public Works Depart-
ment, the Judicial Commissioners, Lower and_Upper Burma,
the Recorder of Rangoon, and the Government Advocate;
also to the Manager, Burma State Railway, Rangoon, and
the Engineer-in-Chief, Mu Valley State Railway, Sagaing.

No. 8 of 1891.
THE following note by the Government Advocate, on the
subject of the procedure to be followed in case a passenger on
the railway fails or refuses to pay an excess charge for which
he is liable, is circulated to all Magistrates for their guidance
until otherwise directed by the High Court.
14
(106)
Note by C. E. Fox, Esq., Government gdvocate, Burma, dated the 8th January
I 91.
THE procedure to be followed in case a passenger liable to
. pay an excess charge and fare fails or refuses
Procedur‘? mum to do so on demand is laid down in section
case of railway
passengers refusing I 32 of the Railways Act, 1890.
2° Paythe‘rfares °" If there is reason to believe he will ab-
xcess charges. _
. scond, or his name and address are unknown,
and he refuses to give his name and address, or there is rea-
son to believe that the name and address given by him is '
incorrect, he may be arrested by any Railway servant yand if
he does not give bail, he must be taken, with the least possible
delay, before the nearest Magistrate having jurisdiction.
The failure or refusal to pay any excess charge or other sum
demanded under section, 1 I 3 of the Act is not classed in section
132 as an offence ; but,1by section I I 3 (4), a Magistrate on being
applied to by a Railway servant appointed on that behalf by the
Railway Administration, is bound to recover such excess charge
or other sum as if it were a ﬁne imposed by the Magistrate.
The Magistrate is left no discretion in the matter and is
merely an executive authority to carry out the decision of the
Railway Administration on the application of a Railway ser-
vant appointed by it.
The ordinary rules of procedure as to enquiry into, and trial
of, offences do not, in my opinion, apply to such cases, and
the Magistrate is bound to recover the amount as a ﬁne on
the application of a duly appointed Railway servant, in what-
ever form the application may be, without any enquiry or trial.
“ Offences” against the Act must be enquired into and tried in
the ordinary way.
No. 10 of 1891.
Extract from the Proceedings of the Chief Commissioner, Burma, in the Judicial
Department,--No. 248]., dated the 30th April 1891.
READ—
The replies of Commissioners in Upper Burma to letters Nos. 316-106]. to
320-106]., dated the 13th April 1890, from this ofﬁce regarding the ad-
visability of repealing Section XIII of the Schedule to the Upper Burma
Criminal Justice Regulation.
RESOLUTION.—-From the replies of Commissioners it ap-
Working of Sec- Pqa'rs that the power to employ short-term
tion XIII of the prisoners on the roads has only been used in
Isjcg‘ﬁPgurfnl one district to any considerable extent. It is
minal Justice Regu- thought, however, by some C ommissroners that
lation- the provision may be useful in remote and newly
( .107 )
acquired tracts.of country. The Chief Commissioner will not
at present trouble the Government of India with a request for
the repeal of this section, but he desires that it be not used in
any district without the Commissioner’s special sanction. Sir
Alexander Mackenzie wishes to remind District Magistrates
that imprisonment must be made a deterrent form of punish-
ment, and the employment of a convicted thief for three or four
months on easy tasks on the roads of his native town is not
likely to serve as a warning to others who are predisposed to
crime.
ORDER.---Ordered that copy of the above be forwarded to
Commissioners, Deputy Commissioners, and the Inspector-
General of Jails for information and guidance.
No. II of 1891.
Dated Rangoon, the 15th May [891.
A CASE has occurred in which the instructions circulated
Procedure insen- under this oﬂiple pndorsemegiét No. 82é>,-4P.B.,
tencing a COm’iCt dated the 28t anuary I 7, re ar in the
3022133]??? trial of released convicts who havegbrokeiii the
lease- conditions of their release, have been disre-
garded. Attention is now called to them afresh and they are
printed as an annexure to this circular.
Circulated to the Recorder, Rangoon, and both Judicial
Commissioneiis, all Commissioners and Deputy Commissioners,
the Inspector-General of Police, the Inspector-General of Jails,
and the Government Advocate.
ANNEXURE.
From A. P. MACD ONNELL, Esq., Ofﬁciating Secretary to the Government of India,
Home Department, to the Chief Commissioner, Burma,—-No. 1-19 (Port Blair),
dated Calcutta, the 11th January 1887.
9k- eie sit it - alr-
2. With reference to the question with‘which the present
correspondence originated I am to say that, if a prisoner breaks
the conditions on which he is released by committing a new
offence, the remission of his sentence should, the Governor-
General in Council is advised, be cancelled, and he should, be-
fore a fresh sentence for the new offence is_ passedupon him,
be remanded to undergo the unexpired portion of his sentence.
( 108‘ )
The second sentence can then be imposed iminediately after
the issue of the order of remand, and it will be regulated under
the provisions of section 397 of the Code of Criminal Proce-
dure, 1882.
No. 13 of 1891.
Dated Rangoon, the 3rd June 1891.
IN a recent case it was brought to the Chief Commissioner’s
Disposalof PW notice that loss had been occasioned. to _a
petty of convicted prisoner sentenced to a short period of impri-
P"s°“e'5- sonment by the fact that the property on his
person at the time of the trial, instead of being sent with him
to the jail, was retained by the Clerk of the sentencing Magis-
trate’s Court and sustained damage. The rule is that all pro-
perty belonging to, and found on, a convicted prisoner, other
than exhibits in his'case, should be sent with him to the jail in
which he is imprisoned or should, if he wish it, be handed over,
under the orders of the Court, to a person or persons designated
by him. The property should not, after the prisoner has been
convicted, be left in the custody of the Bailiff or any other sub-
ordinate of the convicting Court. '
Circulated to the Recorder, the Judicial Commissioners,
Upper and Lower Burma, to all Commissioners and Deputy
Commissioners (for communication to all Magistrates) in Upper
and Lower Burma, and to the Inspector—General of Police and
the Inspector-General of Jails. ‘

No. 15 of I 891.
No. 4i7-38C., dated Rangoon, the 15th July 1891.
COPY of the following notiﬁcation forwarded to the In-
Rules for police spector-General of Police and the Inspector-
in cases of sudden General of Jails for information and guidance,
death' with spare copies for communication to Dis-
trict Superintendents of Police, Assistant Superintendents of
Police, and Superintendents of Jails.
Cop to Commissioners and Deputy Commissioners for in-
formation and guidance, and communication to all Magistrates.
Copy to the Assistant Adjutant-General, Burma District,
for the information of the Major-General Commanding the
Burma District, with reference to his letter N'o, 985D., dated
the 22nd June 1891.
.(109)
Judicial Department Notiﬁcation N o. 275, dated Rangoon,'the 2nd July 1891.
WITH reference to section 174 of the Code of Criminal Procedure,
1882, the Chief Commissioner makes the following rules deﬁning the
cases in which ofﬁcers in charge .of police stations are not required to
hold investigations under that section :--
1. In the following cases an ofﬁcer in charge of a police station
who has received information of the unnatural or sudden death of any
person within the local jurisdiction of such police station shall not
make a personal investigation, but shall take action in the manner
stated below :
(i) \Vhen the deceased has met his death in a military can-
tonment, or by injuries unlawfully inﬂicted by a military
person or camp follower, the nearest Magistrate empow-
ered to hold inquests shall without delay be specially
invited to hold an inquest under the provisions of section
174 of the Code of Criminal Procedure. If the death oc-
curred withiri a cantonment, the inquest shall be held by
the Cantonment Magistrate, unless he has not been em-
powered to hold inquests.
(ii) If, in the cases mentioned in clause (i), the Magistrate in
question fails to hold such inquest, the District Superin-
tendent of Police, or, in his absence, the Assistant Dis-
trict Superintendent of Police, ‘shall hold an investigation
under the provisions of section i74 of the Code of Crimi-
nal Procedure.
(iii) In the cases mentioned in clause (i) an inquest under the
Criminal Procedure Code shall be held whether a Military
Court of Inquest is held or not. If, in the case mention-
ed in sub-section (ii) neither the District Superintendent
of Police nor the Assistant District Superintendent of
Police is available, the officer in charge of the police sta-
tion concerned shall hold the investigation.
(iv) On the occasion of a death by violence in a military prison
when an inquest has been held by a Magistrate duly autho-
rized to hold inquests, the police shall not make the investi-
gation into the cause of death.
(v) In the case of the unnatural or sudden death of a European
(vi)
(vii)
soldier, non-commissioned or commissioned officer, the
police shall conﬁne their action to an immediate report to
the nearest Magistrate duly authorized to hold an inquest
and to an entry in the station diary. In such a case the
inquest shall be held under the provisions of section 174
of the Code of Criminal Procedure.
In the case of an unnatural or sudden death within the
walls of a prison the ofﬁcer in charge of the police station
shall take action as stated in section 2, clause (ii).
In cases in which a Magistrate duly authorized to hold an
inquest has held an inquest in substitution for the police en-
quiry the ofﬁcer in charge of the police station shall conﬁne
his action to reporting the death to the Magistrate. .
(no)
2. (i) On the occasion of an unnatural or sudden death within the
walls of a prison it shall be the duty of the jailor to report
the facts forthwith to the officer in charge of the nearest
police station.
(ii) On receipt of such report such ofﬁcer shall proceed to the
spot and place a guard qver the body, with orders not to
allow the body or anything which may have moved to and
caused the death of the deceased to be touched until the
arrival of a Magistrate; and such ofﬁcer shall at the same
time send immediate intimation to the senior Magistrate
present at the station with a view to the holding of an in-
quest.
No. 16 of 1891.
Dated Rangoon, the 4th August 1891.
IT has been brought to the Chief Commissioner’s notice
D. . -,h that in various cases in which the sentences
ispensing WI . . . .
sureties for certain of prisoners have been remitted on condition
Pl'isoner‘5 W h°se that security is given, the condition has prov-
sentences have
been remitted by ed an unnecessary obstacle to release. Mr.
Chief Commission- Hodgkinson,’ when he examined the records
6“ of criminal trials in Upper Burma in 1890 and
made recommendations for the remission of sentences, consider-
ed that the question of the amount of security to be given and
the power to dispense with it altogether should be left to the
discretion of the local authorities. He observed that there was
danger lest a class of professional sureties should be called
into existence whose security could not be relied on to restrain
the released prisoner from evil ways.'
The Chief Commissioner agrees that the security to be of
any value must be given by the relations, friends, or neigh-
bours of the prisoner, and he can hardly think that the vigi-
lance of District Ofﬁcers would permit them to accept any
other kind of security. The question of the amount of security
to be given by each prisoner has always been left to the local
authorities, and the Chief Commissioner is willing that the
power to dispense with the security of sureties altogether should
also be delegated. But a prisoner _should only.be relieved of
the obligation to produce sureties With the special sanction of
the Commissioner of the Division, and in no case should he be
exempted from entering into his personal recognizances to ob-
serve the conditions speciﬁed in his remissmn order.
Circulated to all Commissioners and Deputy Commissioners,
to the Inspector-General of Jails, and the Inspector-General of
Police.
(iii)
a
1%. '17 of 1891.
Dated Rangoon, the 6th August 1891.
IN his recent visit to Bassein the Chief Commissioner
.. . learned that dacoits who have received
SuperVision of pri- - .
soners pardoned with, pardon Without trial or before sentence on
Outtrialor before sen- surrendering themselves are not entered
tence' in any register so as to be looked after
by the police. This practice is of co,urse wrong and atten-
tion is invited to paragraph 18 of the Chief Commissioner’s
Resolution on the Police Report for 1890, in which it was or-
dered that such men should be entered in the register pre-
scribed by Judicial Department Circular No. 5 of 1890 for
prisoners whose sentences had been or might thereafter be
conditionally remitted by the Chief Commissioner under sec-
tion 401, Criminal Procedure Code. The attention of all
Magistrates and Police Ofﬁcers should be directed to these
orders.
Circulated to all Commissioners, DeputyCommissioners,
and the Inspector-General of Police for information and guid-
ance. )
No. 19 of 1891.
(SE_E Circular No. 14 of 1890,\Rule‘9, page 95, supra.)
No. 23 of 1891.*
Dated Rangoon, the 23rd November 1891.
QUESTIONS having from time to time been raised as to the
Position ofthe Sub_ precise position and powers of the Sub-
divisional Magistrate d1ViSional Magistrate in respect of the
in fespectito the working of the police of his subdivision,
P°”°e' the following remarks on the subject are
circulated for the information and guidance of the Magistracy
and of the police.
2. In all matters connected with the suppression and de-
tection of crime the Subdivisional Magistrate is responsible
for the proper working of the subdivisional police, and he has
full authority to issue, subject to the general control of the
District Magistrate, such orders as may be necessary on
these subjects.
3. In matters of departmental organization and discipline
the Subdivisional Magistrate has no controlling power over
the civil police, but he should be the “eye” of the District
‘ * This Circular has been translated.

(112)~ _’
Magistrate in his subdivision. He should be thoroughly ac-
quainted with every ofﬁcer of the force within his jurisdiction
and should know what each man is worth and what are the
good and bad points in the working of each thana. He
should frequently inspect every station and outpost in his sub-
division, looking into everything connected with the working
of the police and reporting the results of his inspections to
the District Magistrate, who will then issue such orders or
take such action as may be necessary. The Subdivisional
Magistrate’s inspection notes should not be entered in the
inspection book, which should be reserved for the remarks of
the District Superintendent of Police, the District Magistrates,
and superior inspecting ofﬁcers.
4. As regards the military police somewhat wider powers
have been granted by law to Subdivisional Magistrates, for;
by section 3 (3) of the Burma Military Police Act, 1887, the
words Deputy Commissioner as used in that Act are declared -
to include an Assistant Commissioner in charge of a sub-
division.
5. It is for the District Magistrate as head of the district
police to issue such subsidiary rules or orders as may be
necessary in each district for the guidance of Subdivisional
Magistrates and of the police in the matters dealt with by
this circular, on a consideration of local circumstances, of the
qualiﬁcations of his Subdivisional Ofﬁcers, and the like.

No. 529-159P., dated Rangoon, the 23rd November 1891.
CIRCULATED to the Inspector-General of Police and to all
Commissioners and Deputy Commissmners in Burma.
No. 24 of 1891.
Extract from the Proceedings of the Chief Commissioner in the Judicial Depart-
ment,—No. 56i-80C., dated the 25th November 1891.
READ——
The replies to this ofﬁce letter No. 512-122P., dated the 16th May 1890,
and endorsement No. 962-122P., dated the 29th July 1890, about the
General Register of police cases.
RESOLUTION .-—-—While there is a general consensus of opi-
_ nion that the General Register of Police
caggfgister 0fPonce cases has proved useful, the proposals for
improvmg it are many and various. The
Chief Commissioner has also had under consideration the re-
commendations of a meeting of the Judicial Commissioners of
Upper and Lower Burma and the Inspector-General of Police,
(113)
which make the General Register a common source for the
supply of police and judicial returns.
2. Some ofﬁcers have complained 'that owing to the long
delay before police reports from outlying townships reach the
district headquarters the General Register is practically useless
for enabling the District Magistrate to direct the detective
work of the police. In ordinary cases this delay cannot be
avoided without too great multiplication of copies of reports,
and in suchcases a Subdivisional Ofﬁcer is primarily respon-
sible for supervising detection. In cases of violent crime a
report is sent direct to the District Superintendent of Police
and the direction of detection can then be carried out on the
special diaries.
3. In the changes which the Chief Commissioner is now
about to make in the form of the General Register the object
is-—-
(i) to ensure the preparation of correct judicial and
police returns ;
(ii) to enable District Magistrates to check the ﬁnal
action of the police and to verify that cases are not
lost sight of.
‘ 4. The two Judicial Commissioners and the Inspector-Gene-
ral of Police have recommended, and the Chief Commissioner is
pleased to order, that the General Register shall be kept in
the ofﬁce of the District Superintendent of Police and not in
that of the District Magistrate.
In future the daily abstract of police reports will not be pre-
pared on a separate sheet. Each report will be entered in
the General Register and once a day the register and the re-
ports in original will be sent from the police ofﬁce to the Dis-
trict Magistrate, or, in case of his absence, to the Senior
Magistrate at headquarters. i
5. It is the general opinion that columns 1 and 2 of the
old form may be abolished and that it is convenient to allot a
certain number of pages in each register volume to each thana
in the district. The number in column 3 (column i of the
new form) will then be the same as the number entered on
the report by the ofﬁcer in charge of the police station from
which it comes. There should be an index of police stations
at! the beginning of the volume and every day, in sending the
register to the District Magistrate, the District Superintend-
ent- of Police should mark the new entries (whether ﬁrst in-
formations. or ﬁnal reports)-iwith little slips of paper.
I5
(114)
6. Columns 6 and I 3 of the old (columns 4 and 13 of the
new) form seem to have been frequently understood as having
reference to the District Magistrate, but in fact they refer to
the Magistrate who has jurisdiction to take cognizance of the
case reported by the police and through whom the report tra-
vels to the District Superintendent of Police and District
Magistrate. The words “ having jurisdiction” will be added
to the title to make this clear.
7. A column has been added for the remarks of the Dis-
trict Superintendent of Police, which will be of the same cha-
racter as those which a District Superintendent was wont to
enter. on the daily abstract. Room has also been left for the
District Magistrate’s remarks as well as his initials.
8. A column has been provided for the dates of reports
intermediate between the ﬁrst and the ﬁnal. It was proposed
by some ofﬁcers to have further reports after the ﬁnal report.
The Chief Commissioner prefers that a ﬁnal report should be
ﬁnal. It is open to any District Magistrate to ﬁx a certain
' time within which the police must send in a further report, but
it isobviously impossible in many cases that a ﬁnal report
could be prepared within 10 days, the period ﬁxed by the
District Magistrate in the Pegu district.
A ﬁnal report should be sent in—
(i) when all the accused have been accounted for;
(ii) when the police believe the case to be false or to
be non-cognizable, or when the police believe that
_ no criminal case arises from the facts ;
(iii) when, though the case is true and cognizable, the
police have done all in their power to ﬁnd the of-
fenders and have failed.
It has been proposed to abolish the heading “ Magis-
trate’s orders—Preliminary.” The Chief Commissioner, how-
ever, considers that it should remain for those cases in which the
District Magistrate, dissatisﬁed with the ﬁnal police report,
takes some action before passing ﬁnal orders. Thus he may
refer the matter to a Subordinate Magistrate for enquiry, “or
make an enquiry himself, or direct the police to provide fur-
ther information.
IO. In the new form the column has been entered for
showing the result of the trial when a trial has taken place.
This is required both for statistical purposes and for the in-
formation of the District Magistrate.
II. In the remarks column the value of property stolen
and recovered should, for statistical purposes, be entered.
f 115 )
12. The register kept up at the district headquarters
should include the cases of the whole district. A Commis-
sioner or Deputy Commissioner may order a similar register
to be kept up for any subdivision so as to give the Subdivi-
sional Magistrate, and Subdivisional Police Ofﬁcera better
hold over Police Officers in charge of police stations. The
procedure at subdivisions will, as far as possible, resemble the
procedure at headquarters, but the Subdivisional Ofﬁcer will
not ﬁll up column I 9 of the new form, and when the Subdivi-
- sional Magistrate is away on tour the police reports will neces-
sarily be sent to him without the register, and the Subdivi~
sional Police Ofﬁcer will have to keep the register with him-
self and enter the Subdivisional Magistrate’s remarks in the
register before sending on the reports to the District Super-
intendent of Police.
I 3. A copy of the instructions for keeping up the regis-
ter is annexed. The Superintendent of Government Printing
will be desired to paste a copy of the instructions at the be-
ginning of each volume.
“—
ORDER.—-Ordered that a copy of the above be forwarded
to all Commissioners and Deputy Commissioners, to the In-
spector-General of Police, and to all District Superintendents
of Police for information and guidance; to the Judicial Com-
missioners, Upper and Lower Burma, and the Recorder of
Rangoon for information ; and to the Superintendent, Govern-
ment Printing, for information and guidance with reference
to paragraph I 3.
(911)
t
T hana No. . j

Date of occurrence.


recovered.
31
x
(I)
H
E
N "U
o
73
E
0.: Date of information to the police. g
f2.
4; Date on which report is received by Magis- g: g;
trate having jurisdiction. Q S
o H
. . m o
m Offence as reported to police and section 2 z
of the Penal Code or other law. w a
E” \1
o Name of complainant. Q
T U
\1 Name of accused. m
o
‘ i=1
0° Remarks of District Superintendent of O
Police with initials and date. a
z
,0 District Magistrate’s remarks, with initials E
and date. t"
3 Dates of intermediate reports.
2' No. :1
2
H
N Date. a z
73
_. Date on which received by Magistrate 9%
°° having jurisdiction. g g
E :5
I I I I >
,2 Result of police investigation. I" iii
r130
,u a
g 8
5‘, Offence proved before police, with section. j s: i
3 a
73 u
... Result of trial and sections under which 5" C
o‘ accused were charged by Magistrate. g
a
H Remarks of District Superintendent of 3
\‘ Police with initials and date. '
2 3 E?
a, Preliminary. 3 3; $3
a as
._.__,____ - __ i m C)
s s "
5 Final. 8 g 5
7° 21 Q
5‘3 m ‘f
8 Remarks, including value of property stolen and


‘19_¢J,1.9_Zp

r ‘u 0_zs_m,zpgns

-vuvq;
'sasvg HOI'IOd so 2151131933 3H1,
(i111)
jnstruotz'onsfor keeping the Register of Police Cases.
THE register volume should be divided off into as many parts as
there are police stations in the district. The District Superintend-
ent of Police will allot to each police station more or less pages
according to what experience shows it is likely to require.
2. At the beginning of the volume there should be an index show-
ing the pages set apart for each police station. .
3. Columns 1, 2, 3, 5, 6 and 7 should be entered from the police
ﬁrst information report. Cases should be entered according to their
thana numbers. If a later number comes to hand before an earlier,
space should be left for entering the earlier number when it arrives.
4. Column 4 should be entered from the same report, care being
taken that the date on Which a Township Ofﬁcer, who has not been
empowered under section 192 (a) or (6), Criminal Procedure Code,
received the report is not mistaken for the date on which the
Magistrate having jurisdiction (section 157, Criminal Procedure Code)
received it.
5. The entry in column 5, which should be ﬁlled in by the police
ofﬁce, must be always a cognizable offence, because complaints of
non-cognizable offences are not (oz'de section I 55, Criminal Procedure
Code) reported to the Magistrate. Reports about cases sent to the
police for enquiry under section 202, Criminal Procedure Code, are
not to be entered in this register.
6. The register with the original police reports (both ﬁrst and
ﬁnal) should be submitted daily by the District Superintendent of
Police to the District Magistrate. The District Superintendent of
Police should enter in column 8 any recommendations which he has
to make on ﬁrst reports for striking oﬁ' cases or for showing them as
false or as non-cognizable. When a case is ordered to be struck off
or not to be entered, a red ink line should be drawn through it across
the page. When the District Magistrate is away from headquarters
the register and the police reports should be submitted to the senior
Magistrate at headquarters.
7. In order to get a case provisionally brought up for ﬁnal orders
without undue delay, it will be in the District Magistrate’s discretion
to ﬁx a deﬁnite time within which the police shall, as a standing rule,
send in a further report. The dates of such further reports will be
noted in column i0.
8. Columns 11, 12, 13, i4, and 15 should be ﬁlled up in the police
ofﬁce from the ﬁnal police report. A police report is ﬁnal—-
(i) when all the accused have been accounted for ;
(ii) when the police believe the case to be false or non-
cognizable, or when the police believe that no criminal case
arises from the facts ;
(iii) when, though the case is true and cognizable, the police
pailre done all in their power to ﬁnd the offenders and have
ai ed.
9. Column 16 should be ﬁlled up in the police ofﬁce from the try-
ing Magistrate’s entry on the ﬁnal report.
10. In column 17 the District Superintendent of Police should
enter his recommendations for dealing with the report, if he wishes
\P'
(118)
it to be shown as false, or as non-cognizable, or if he wishes it struck
off.
11. Column 18 is intended for orders on cases in which the police
send up a report which they intend to be ﬁnal, but which in the .
District Magistrate’s opinion is not sufﬁcient to enable him to pass
ﬁnal orders.
12. Column 19 will contain the District Magistrate’s order whether
cases are to be shown as false, or as true but undetected, or as non-
cognizable, or are not to be shown at all. When the police have sent
up the accused and they have been tried and either convicted or ac-
quitted, the District Magistrate’s orders in column 19 will usually be
to'show as charged by the Magistratehbut when the accused have
been discharged, the District Magistrate will have to pass orders
under what section to show the case. When the accused have been
convicted only_ of a non-cogniznble case, it will be the District Magis-
trate’s duty to order the case to be shown as non-cognizable.
13. Column 20 is always for statistical purposes to show the
value of property lost and recovered.
14. When this register is kept up in a subdivision the Subdi-
visional Police Ofﬁcer will take the place of the District Super-
intendent of Police and the Subdivisional Magistrate will take the
place of the District Magistrate in all the columns of the register ex-
cept column 19, which will not be ﬁlled up. When the Subdivisional
Ofﬁcer is away on tour the police reports will be sent to him without
the register, and the Subdivisional Police Ofﬁcer on receiving the re-
ports back from the Subdivisional Magistrate must enter the Subdi-
visional Magistrate’s remarks in the register before sending the re-
ports on to the District Superintendent of Police. _
15. Whether a subdivisional register is kept or not, the head-
quarters register is always .to include all the police cases of the
district.
No. 25 of 1891.'*
Extract from the Proceedings of the Chief Commissioner, Burma, in the Judicial
~ Department,-—No. 14J., dated the 30th November 1891.
READ--
Judicial Department Proceedings No. 5-145 of 1880 and No. 14]. of 1891,
about the transfer of prisoners under the Prisioners Testimony Act, 1869.

Read also--
Letter No. 378-18—2, dated 14th October 1891, from Commissioner, South-
ern Division.
RESOLUTION—It was desided in 1880 that the local Gov-
Removal 0, prison_ ernment had no power under the Prisoners
ersunderthe Prisoners Testimony Act, 1869, to sanction the re-
Testim‘mY-Ad' moval of prisoners who belonged to the
class exempted by notiﬁcation under section to of the Prison-
ers Testimony Act, 1869, but that under section 30 of the

* This circular has been translated.
)
(119)
Prisoners Act, 1871, the local Government could remove any
prisoner from .one jail to another. Since then it appears to
have been customary for Courts which wanted such priSioners
to make out a warrant under the Prisoners’ Testimony Act,
1869, for their production and to send the warrant to the
Secretariat to be countersigned, such countersignature operat-
ing as an order of the local Government under section 30 of
the Prisoners A6t,.1871. -
It is provided by section 10 of the Prisoners’ Testimony
Act, 1869, that the provisions of the Prisoners’ Testimony Act
shall not apply to the exempted class of prisoners, and there-
fore the Courts should not issue warrants for them. The
Courts should apply to the local Government to remove the
prisoners to the desired place, and when the prisoners have
arrived, and are no longer exempted, the Courts should issue
their warrants under the Prisoners’ Testimony Act, 1869.
2. As Upper Burma and Lower Burma are subject to dif-
ferent High Courts, the transfer of any prisoner from one to the
other by warrant under the Act requires the sanction of the local
Government, which should be applied for through the Judicial
Commissioner, or by Magistrates in Rangoon through the
Recorder, in the manner prescribed by sections 7and 8 of the
Prisoners’ Testimony Act.
3. A prisoner excluded from the operation of the Prisoners’
Testimony Act, whose removal is sanctioned under the Prison-
ers Act, can only be removed to a jail and not to a lock-up
for under-trial prisoners. A Magistrate who desires to take the
evidence of such a prisoner, but at whose headquarters there is
no jail, must either issue a commission (or if not empowered
under section 503, Criminal Procedure Code, apply to the Dis-
trict Magistrate to issue a commission), or go with the accused
to a place where the prisoner’s attendance can be obtained and
take his evidence there, or get the case transferred to another
Magistrate, who can take the prisoner’s evidence more conve-
niently.
4. A new notiﬁcation under section 10 of the Prsioners’
Testimony Act will be issued and made applicable to the whole
pf fBurma, in the upper part of which at present there is none
in orce.

ORDER.--Ordered that copy of the above be forwarded
to the Judicial Commissioners, Upper and Lower Burma, the
Recorder of Rangoon, all Commissioners and Deputy Com—
missioners, and the Inspectors-General of Jails and Police for
information. ‘ -
( I'zb
No. 26 of 1891.*
Datbd Rangoon, the 23rd December 1891.-
F ROM facts which have come to his notice during his tours
Conﬁnement ofpri_ the Chief Commissioner has reason to be-
soners in police sta- lieve that the prowsions of section 167,
“0% Criminal Procedure Code, are not properly
observed by Magistrates. That section prescribes that a
Magistrate authorizing detention of a prisoner in the custody
of the police shall record his reasons for so doing. But in the
headquarters stations of several districts, although there are
under-trial wards in the jails, the Chief Commissioner found
that prisoners were, as a general rule, kept in the police station
until, under section 170 of the Code, they were sent up for
trial. Magistrates should as a rule remand prisoners to jail
custody where a jail is available. Remands to police custody
are clearly intended to be reserved for exceptional cases in
which the police need to have custody of the prisoner in order
to complete their investigation. The practice which is con-
templated by law is also administratively advantageous. It
economises sentries and decreases the chance of escapes by
prisoners. . ,
Circulated to Commissioners, Deputy Commissioners, the
Inspector-General of Police and District Superintendents of
Police for information and guidance; also to the Recorder of
Rangoon, the Judicial Commissioners, Upper and Lower
Burma, and the Inspector-General of Jails for Information.
~~
,, No. 28 of 1891.
To Commissioners in Lower Burma,8No. 731-98M., dated the 24th December
1 91.
I AM directed to forward for your use and for distribution to
Deputy Commissioners 10 copies of the revised rules and
notiﬁcations’r under the Factories Act. More copies can be
obtained by indent on the Superintendent, Government Print-
ing, Rangoon.
2. According to section 4 of the General Clauses Act,
1887, and section I, sub-section (2), of Act XI of 1891, these
rules and notiﬁcations come into force on the 1st January 1892.
I am to invite your attention to the principal changes
in the Act, namely,—
(a) the alteration in the number of workmen which
brings a place under the deﬁnition of a “factory ;”

it This circular has been translated. it
1' See Burma Gazette, Part I, page 558.
(121)
(b) the raising of the maximum and minimum limits of
age for "children to be employed in factories;
(a) the alteration in the law as regards the holidays to
be allowed to operatives ; .
but I am to request that the whole of the new rules and the
revised edition of the Act may be carefully studied by those
officers who have to work them.
4. The following sections of the Act deal with the powers
of the Governor-General in Council and of local Governments
to exempt factories from certain of the provisions of the
Act :—
(i) Section 5A, sub-section (2), empowers the Governor-
General in Council to declare, by notiﬁcation in
the Gazette of India, that the provisions of sub-
section (I) of the same section, requiring a stop-
page of work for a full half hour between noon and
2 o’clock in the afternoon, shall not apply to fac-
tories of a particular class. This exemption is,
however, not required in the case of factories in
which a system of employment in shifts or sets,
specially approved by the local Inspector, is in
force.
(ii) Section 5B, sub-section (2), clause (a), empowers a
local Government to declare, by notiﬁcation in the.
ofﬁcial gazette, that the prohibition contained in
section 5B, sub-section (1), against Sunday labour
shall not apply to any factory or class of factories
in which the work performed—-
(i) necessitates continuous production for
technical reasons; or
(ii ) supplies the public with articles of prime
necessity which must be made every day ;
or
(iii) by its nature cannot be carried on except at
stated seasons or at times dependent on
the irregular action of natural forces.
(iii) Section 5B, sub-section (2), clause (d), empowers
the Governor-General in Council, by notiﬁcation
in the Gazette of India, to exempt factories of any
class from the prohibition as to Sunday labour.
(iv) Section 6, sub-section (4), authorizes the Governor-
General in Council, by notiﬁcation in the Gazette
of India, to declare that the provisions of the sec-
tion relating to the employment of women shall
_.
(we)
not apply to factories of a particular class or to
women employed in a particular process.
5. With reference to these provisions of the Act I am
directed to explain that it is not the intention of the Governor-
Generail in Council to exercise the powers conferred on him b
any of the sections mentioned above, except in cases in whic
the parties interested make through the local Government a
formal application for exemption and bring forward convincing
reasons in justiﬁcation of their proposals; and, similarly, the
Chief Commissioner intends to await such applications, if any,
as occupiers of factories may be disposed to make for decla-
rations under section 5B, sub-section (2), clause (0).
6. The amended Act gives power to the local Government
to appoint Inspectors other than District Magistrates. The
advisability of appointing Medical Officers as additional In-
spectors in certain places has been already considered, but,
pending the decision of the Government of India on the re-
muneration to be paid to such ofﬁcers, no further action will
be taken. /
7. The holidays being now ﬁxed by law, it is no longer ne-
cessary for occupiers of factories to give notice of the days
ﬁxed by them as monthly holidays for children.
8. You have already been asked to advise whether certain
places of labour should for certain purposes be declared fac-
tories under section 20 of the Act. Your reply is awaited.
9. The rule regarding notices of accidents has been re-cast
and a form of notice has been prescribed.
IO The question as to the fees to be charged by the cer-
tifying Surgeons is under the consideration of the Government
of India. Meanwhile the Chief Commissioner is prepared to
receive applications for appointing private medical practitioners
to be certifying Surgeons.
INDEX-


Year. Slargal Subject. Where printed.
A.
1890 I7 5 Anvocnzs.—-Employrnent of--for Page 101 of this collection.
' prosecution in criminal cases.
1888 8 AMMUNITION.—-Supply of—to li- Page 70, Arms Act pamphlet.
censed gun-holders; quarterly
return of licensed shops.
1889 13 ANNUAL RETURN of arms licenses Page 81, Arms Act pamphlet.
1891 of arms licenses Not reproduced.
,, APPEALS by railway servants in Page 104 of this collection.
5 criminal cases.
l .
1389 I. 7 by prisoners in jails Page 20 of this collection.
1888 9 l Ants—Export of--8zc., from Straits P age 4 Of this collection.
I Settlements to Burma.
I
g . 8.
i888 2 ‘ BADGES of licensed gun-holders Page 63, Arms A61 pamphlet,
; I 91.
l l c.
l
1889 2 30 ; CIRCULAR No. 25. M 0d i ii cation Page 84 of this collection.
of—
l l
1890 i 3 i No. 9 of 1888.—-Continuation Not reproduced.
i l of—to Ist February 1891.
1891 l 27 i No.9 of 1888.—-Continuation Ditto.
| : of—to 3Ist December 189:.
1889 22 ConvmTs.—Communication b y Page 79 of this collection.
' courts to police of death of—
,, 9 i Nominal- roll for—sent to Port Page 47 Of this collection.
1 Blair.
,, 28 ‘ Rules for the release of— Page 83 of this collection.
1891 11 Convrcr—Procedure in sentencing
a—who has broken the condi- Page 107 of this collection.
tions of his release.
,, t3 CONVICTED PRISONERs.-Disposal Page 108 of this collection.
of the property of—
1889 I6 CR1 ME.—POiiCe procedure in the re- Page 49 of this collection.
port and investigation of—
1888 3 CR1M1NALs.—-Pursuit of—into other Page I of this collection.

districts.


~ 0
ed
11.
INDEX.

Serial


Year. No“ Subject. Where printed. I
C—concluded.
1891 10 CRIMINAL JUSTICE REGULATIoN.- Page 106 of this collection.
Working of section XIII of the
schedule to the Upper Burma—-
1889 8 CRIMINAL LUNATICS Page 21 of this collection.
1888 17 CRIMINAL PROCEDURE CODE.- Page 12 of this collection.
Working of the preventive sec-
tions of the—-
D.
1888 7 DACOITS ——Employment of licensed Page 69, Arms Act pamphlet.
gun-holders against—-
,, 14 Confessions of—on the manner Not reproduced.
of procuring guns.
1889 25 DETENTION of persons under trial. Page 82 of this collection.
Monthly return.
1891 2 of prisoners under clause 8 of Page 102 of this collection.
schedule to Upper Burma Cri-
minal Justice Regulation.
1888 20 of prisoners in police outposts Page 16 of this collection.
,, 1 DISARMINo.-General instructions Page 64', Arms Act pamphlet, 1891.
on—
1889 26 DISMISSAL OF GOVERNMENT SER- Page 83 of this collection.
VANTs.--Applicati0n to village
headmen of standing orders re-
lating to—-
E.
1891 5 ESCORTS.-—Tt‘easure-- Page 103 of this collection.
1890 ESTATES.——-Disposal of deceased Page 91 of this collection.
'military police sepoys’- '
1888 13 EURoPEAN BRITISH SUBJECTS—Trial Page 10 of this collection.
of—
,, 21 Rules as to furnishing the Page 18 of this collection.
Government Advocate with copies
of proceedings in the trial of-- ‘
,, 11 EXPLOSIVES ACT.--l nstr u ctions Page 5 of this collection.
about the-- . .
1889 ~Working of the—-as regards Page 19 of this collection.


ﬁreworks.


Iﬂoexr- ya
‘0.
111.

It
i


Year. 515,?” . Subject. Where printed.
E~concluded.
1889 14. EXPLOSIVES Ac'r.--Work i ng of Page 48 of this collection.
the—in Upper Burma,--posses-
sion and sale of ﬁreworks.
,, 21 Notiﬁcation under the— Page 78 of this collection.
,, I 5 EX'i‘RA POLICE.—-E n t e r t a inment Page 49 of this collection.
of— _ ‘
F.
1891 28 FACTORIES ACT.--Instructions re- Page 120 of this collection.
garding the—-
1889 11 FINEs.-Crediting of—-under the Up- Paragraphs 1 and 3 printed at page
per Burma Village Regulation 14, Upper Burma Village Regu-
, and of assessments for punitive lation pamphlet; paragraph 2
police. printed at page 48 of this collec-
tion.
,, 4 FIREWORKS.——W0rking of the 1311- Page 19 of this collection.
plosives Act as regards-—
,, I4. Working of the Eaplosives Page 48 of this collection.
Act in Upper Burma,—--possession
and sale of—
1888 15 FQRESTERS’ gun licenses in Upper Page 73, Arms Act pamphlet.
Burma.
1891 12 gun licenses in Lower Burma Same.-—substituting Lower for Up-
per Burma as page 73, Arms Act
pamphlet.
1888 I0 FORMS—Revised arms license— Pages 41 and 43, Arms Act pam-
Nos. VI and VII. phlet.
G.
1889 31 GAMBLING Aer—Extension of the Page 86 of this collection.
--to Upper Burma.
1890 9 h Exercise of powers under Not reproduced.
t e-
1891 3 Issue of warrants under the— Page 103 of this collection.
in Upper Burma.
1889 2 GUNs.——Maximum number of—in Page 79, Arms Act pamphlet.
each district.
1891 21 Storing of conﬁscated and sur- Page 89, Arms Act pamphlet.


rendered-—


iv. INDEX.


Y Serial . .
car. No. SubJect. Where printed.
G~concluded.
1890 11 GUNs.-Making of— Page 84, Arms Act pamphlet.
,, 11 GUN-LICENSEs.—Registration of— Page 84, Arms Act pamphlet.
and marking of guns.
1891 1 for thugyis Page 86, Arms Act pamphlet.
,, 18 for thugyis Page 87, Arms Act pamphlet.
H. '
I888 17 HAEITUAL CRIMINALs.-Working of Page 12 of this collection.
law regarding—. '
1889 6 HEADMEN.-—-Murder of—by dacoits Page 20 of this collection.
,, 23 HoNORARY MAGISTRATES’ BENCHES. Page 79 of this collection.
-—Ru1es for—Upper Burma. "
J.
1890 4 JA1Ls.—-Oﬂicial visitors Of— Page 88 of this collection.
1888 19 ]oURNEYs.-—Rules about police- Page 14 of this collection.
mens’-by rail and river. .
L.
1889 3 LEAD for ﬁshing nets Page 79, Arms Act pamphlet.
1891 14 LICENSES.———Grant of—in Form X Not reproduced (see Correction slip,
for lead, sulphur, and saltpetre. Arms Act pamphlet).
1888 10 LICENSE FCRMS.--Revised Arms— Pages 41 and 43, Arms Actpam-
Nos. VI and VII. phlet.
1890 7 LUNATICs.--Rules for observation of Page 91 of this collection.
supposed-—
Rules for the release of crimi- Page 44 of this collection.
nal—
1839 8 --—-—-Medical history-sheets of— Page 42 of this collection.
to be sent to Government with
their cases.
M.
1889 27 MATCH ES.—-POSSBSSiOI1, sale, &c., of Page 79, Arms Act pamphlet.
1890


certain kinds of--
Export of—


Not reproduced.

INDEX.
V.

Serial


posts.

Year. No Subject. Where printed.
Mfconcluded.
1890 ' 2 MILITARY OFFICERS-Employment Page 86 of this collection.
Of—in the police.
1889 6 ' MURDER of headmen by dacoits Page 20 Of this collection.
N.
1889 9 N OMINAL-ROLL for convicts sent to Page 47 of this collection.
Port Blair. 1
1888 5 OFFICERS OR SEPOYs.--Trial of—of Page 2 of this collection.
‘ Native Army.
1890 4 OFFICIAL VISITORS of jails Page 88 of this collection.
k P.
1888 12 PARDONS and remissions of sentences Page 7 of this collection.
1890 16 to criminals Page 99 of this collection.
,, 13 POL1CE.--Control of—by Commis- Page 92 of this collection.
sioners and Deputy Commis-
sioners.
1891 15 Rules for the—in cases of sud- Page 108 of this collection.
den death.
,, 24 POLICE GASES.—-Register Of— Page I 12 of this collection.
1888 6 POLICEMEN.—-Trial Of——under sec- Page 3 of this collection.
tion 223 of the Indian Penal Code.
,, 19 POLICEMEN’S IIOURNEIIS.--Rules Page 14 of this collection.
- about—by rai and river.
1889 I7 POLICE C OMMITTEE.-—Resolution Page 62 of this collection.
on the report of the—.
1891 2 PRISONERs.--Detention of—under Page 102 of this collection.
Clause VIII of schedule to Up-
per Burma Criminal Justice Re-
gulation. .
1890 5 -~——-- Supervision Of—whOse sen- Page 88 of this collection.
tences have been conditionally
remitted.
1891 17 Supervision of—pardoned Page 111 of this collection.
without trial or before sentence.
1888 20 Detention of -—in police out- Page 16 of this collection.

Vii;
INDEXI.

Serial

Year. No. Subject. Where printedt
P-l-concluded.
1891 25 PRISONERs.-—Removal of—under Page 118 of this collection.
the Prisoners’ Testimony Act.
,, 25 PRISONERS’ TESTIMONY ACT.—-Re- Page 118 Of this collection.
moval Of prisoners under the—.
1889 24 PROEATES AND LETTERS-OF-AD- Page 80 of this collection.
MINISTRATION.-—Returns of—
1891 13 PROPERTY.-Disposal of the—of Page 108 of this collection.
convicted prisoners.
1888 4 PUNITIVE POLICE—Selection of ﬁt Page 1 of this collection.
men for the—
1890 14 Rules for the levy, &c., of Page 94 of this collection.
cost Of—-- '
1891 19 Amendment of the rules for Page 111 of this collection. a”
the levy, &c., of cost Of—
1889 1 1 Crediting of assessments for—- Paragraphs 1 and 3, printed at page
under the Upper Burma Village 14, Upper Burma Village Regu-
Regulation. lation pamphlet; paragraph 2
printed at page 48 Of this collec-
tion.
R. .
1891 8 RAILWAY PASSENGERs.—‘Procedure Page 105 of this collection.
in the case Of—refusing to pay
their fares or excess charges.
,, 6 RAILWAY SERVANTS.—-Appeals by-- Page 104 of this collection.
in criminal cases ~
,, 24 REGISTER of police cases Page 112 of this collection.
1890 6 REGISTERS AND RETURNS for the Page 17, Upper Burma Village Re-
Lower Burma Village Act and gulation pamphlet. -
j Upper Burma Village Regulation. '
1891 2 REGULATION—Instruction , under Page 102 ofithis_collection.
griminal Justice Schedule, clause
1888 I6 REMISSION of sentences in certain Page 11 of this collection"
cases. Unsuitability of imprison-
ment as a penalty in petty cases
a. in Upper Burma.
1891 25 REMOVAL of prisoners under the Page 118 of this collection.


Prisoners’ Testimony Act.


iNDEXZ
#60
.VII.


.9!


Year. Sgéal Subject. Where printed.
9' “ R—concluded.
1889 17 REPORT OF THE POLICE COM- Page 62 of this collection.
M1TTEE.—-Resolution on the—
,, 13 RETURN.—-Annual—of armslicenses Page 81, Arms Act pamphlet.
1891 9 Annual— of arms licenses Not reproduced.
S.
1888 I6 SENTENCES.——~Remi55i0n of—in cer- Page II of this collection.
tain cases. Unsuitability of im-
prisonment as a penalty in petty
cases in Upper Burma.
,, 18 S H A N CARAVANs.-—Disarmament Page 73,fArms Act pamphlet.
Of—-
1889 I Disarmament of— Page 77, Arms Act pamphlet.
1888 9 STRAITS SETTLEMENTS.—Exp0rt of Page 4oi this collection.
arms, &C., from the—to Burma.
1891 23 SUBDIVISIONAL MAGISTRATE.-—Posi- Page 111 of this Collection.
tion of the—in respect of the po-
lice.
,, 16 SURETIEs.—Dispensing with—for Page 110 of this collection.
certain prisoners whose sentences
have been remitted by the Chief
Commissioner.
T.
1891 7 TRACK LAW Page 33, Upper Burma Village
Regulation pamphlet.
1890 10 Working of the—in Lower Not reproduced.
Burma.
1891 5 TREASURE ESCORTS Page 103 of this collection.
1889 5 TROOPS.——Calling in of—by Civil Page 20 of this collection.
oﬂicers.
._ v.
1889 12 VILLAGE ACT.—-Working of the Not reproduced.
Lower Burma—
18 - -—---Working of the Lower Bur- Not reproduced.


Ina--


INDEX.


Year. Slaréal Subject. Where printed.
V—concluded.
1889 26 VILLAGE HEADMEN.--Application Page 83 of this collection.
tO-of standing orders relating
to dismissal of Government ser-
vants.
1891 4 VILLAGE ACT AND REGULATION.— Page 25, Upper Burma Village
Working of the— Regulation pamphlet.
,, 22 VILLAGE WATCHMEN.--Spears and Page 93, Arms Act pamphlet.
das for—
1889 II VILLAGE REGULATION.-—Crediting Paragraphs Iand 3, printed at page
of ﬁnes under the Upper Burma 14, Upper Burma Village Regu-
—-and Of assessments for punitive lation pamphlet; paragraph 2
police. printed at page 48 of this col-
lection.
,, 10 Working of the Upper Bur- Page 13, Upper Burma Village Re-
ma— gulation pamphlet, 1891.
,, 19 Working of the Upper Bur- Page I6, Upper Burma Village Re-
ma— gulation pamphlet.
,, 20 Working of the Upper Bur- Page 1.7, Upper Burma Village Re-
ma— gulation pamphlet.
W.
1891 3 WARRANTs.—Issue of—under the Page 103 of this collection.
Gambling Act in Upper Burma.
1890 I5 W111PPING.-Inﬂiction of sentences Page 99 of this collection.


of—


G. B. C. P. O.-No. 13, B. S., 22-4-92—400.


Rhee
O 71)
Q


A COLLECTION OF CIRCULAR .~i
ISSUED FROM THE
JUDICIAL DEPARTMENT OF THE BURMA SEQRETARIAT
BETWEEN
JUNE 1888 AND DECEMBER 1891
\VI'I‘H
NOTES, AN INDEX, AND A CHRONOLOGIC‘II, LIST.


RANGOON:
PRINTED BY THESUPER1NTENDENT, GOVERNMENT PRINTII‘ .i, BURMA,
1892.


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[ Price,-One Rupee. ]


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