JUDGMENT

Boys, J. - This is a. Reference by the District Magistrate of Hamirpur recommending this Court to set aside the conviction and sentence of three months' rigorous imprisonment passed against Khalbal u/s 2 of Act XIII of 1859. He recommends this on two grounds:

(1) That the complaint was not brought within three months of the neglect to perform the contract as required by the Amending Act XII of 1920, and

(2) That the Trying. Magistrate being a Magistrate of the Second Class only had no jurisdiction to try the case.

2. As regards the first point the date of agreement was the 2nd of June 1922 and the money paid Rs. 114 was paid on the 7th of June 1922. Work to the value of Rs. 40 was done in June and July 1922 and it should have been completed within one year of the date of agreement, i.e. before June 7th, 1923, as appears from the statement of the complainant. The accused neglected to do any further work after July 1922. In reference to this the Trying Magistrate explains that he overlooked the Amending Act XII of 1920, because he is not supplied with copies of such Acts and when he sent for Act XII of 1859 from the library of the District Magistrate he was not supplied with a c