1. One Chota Singh was tried by a Presidency Magistrate for an offence under Section 52 of the Prisons Act IX of 1894 and was acquitted. Against the acquittal the present appeal has been filed by Government. Objection is taken on behalf of Chota Singh that the Presidency Magistrate had no jurisdiction to try the offence.

2. Under Section 52 of the Prisons Act, prisoners guilty of certain offences may be forwarded by the Superintendent to the Court of the District Magistrate or of any Magistrate of the first class having jurisdiction. No specific mention of Presidency Magistrates is made, and the question is whether either of the terms District Magistrates" or Magistrate of the first class" includes a Presidency Magistrate for the purpose of the Prisons Act. The terms Magistrate, "District Magistrate," and "Magistrate of the first class" are not defined in the Prisons Act, and in the General Clauses Act the only one of these three terms defined is Magistrate, "which is said to include all persons exercising all or any of the power of a Magistrate under the Code of Criminal Procedure. The term "Magistrate" occurs in Sections 42 and 54 of the Prisons Act and must be interpreted