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J. Bruce Vs. C. Cronin - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1885)ILR12Cal438
AppellantJ. Bruce
RespondentC. Cronin
Excerpt:
merchant seamen's act (act i of 1859), section 83 - 17 & 18 vic., clause 104, sections 243, (clause 1 and 2) 288 - merchant shipping act, 1854--43 & 44 vic. clause 16, section 10--merchant seamen (payment of wages and rating) act, 1880--imprisonment for desertion. - cunningham and ghose, jj.1. we agree with the magistrate in the view he has taken of this matter. the amendment of clauses 1 and 2 of section 243 of the merchant shipping act, 1854 (17 & 18 vic. c. 104) by 43 & 44 vic. c. 16, does not, in our opinion, affect the liability of seamen in calcutta, under section 83 of act i of 1859, to imprisonment. had any such change been intended, it would doubtless have been expressly enacted in act v of 1883, passed subsequent to the above act 43 & 44 vic. c. 16 which in sections 35, 36 and 37 amends some portions of act i of 1859.
Judgment:

Cunningham and Ghose, JJ.

1. We agree with the Magistrate in the view he has taken of this matter. The amendment of Clauses 1 and 2 of Section 243 of the Merchant Shipping Act, 1854 (17 & 18 Vic. c. 104) by 43 & 44 Vic. c. 16, does not, in our opinion, affect the liability of seamen in Calcutta, under Section 83 of Act I of 1859, to imprisonment. Had any such change been intended, it would doubtless have been expressly enacted in Act V of 1883, passed subsequent to the above Act 43 & 44 Vic. c. 16 which in Sections 35, 36 and 37 amends some portions of Act I of 1859.


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