JUDGMENT

Robert Stuart, C.J. - The question referred to us relates to the legality or illegality of sentences passed by two Canal Deputy Magistrates on conviction before them in nine cases for offences u/s 70 of the Northern Indian Canal and Drainage Act VIII of 1873, in respect of the sentences of imprisonment awarded in default of the fines imposed, for there is no question as to the legality of the fines themselves. (The learned Chief Justice then stated the convictions and sentences and continued:) Section 70 of Act VIII of 1873 provides that for such offences as these convicted persons "shall he liable on conviction before a Magistrate of such class as the Local Government directs in this behalf to a fine not exceeding Rs. 50, or to imprisonment not exceeding one month, or to both." There can therefore be no doubt of the legality of the fines imposed in the cases mentioned, but the sentences of imprisonment awarded respectively in default of payment of the fines are clearly illegal, as will presently appear. The Canal Act VIII of 1873 does not appear to contain any other provision for convictions u/s 70 than that I have just quoted, and it must be interpreted by reference to th