31 SECTION 6. The New Legislation. As already explained in Section 3 of Chapter I the measures originally adopted at railway stations for the treatment of railway passengers suffering from plague were taken under the Indian Railways Act, which gave power to Railway Companies to refuse to carry such persons and to remove them from railway premises. If, when so removed, they were within the limits of a municipal district, certain measures to prevent the spread of the disease could be taken under Section 73 of the District Municipal Act, though it was doubtful to what extent power to interfere with the liberty of the subject was conferred by that section. In areas other than municipal the necessary powers did not apparently exist, and, except in Military Cantonments, wherein it was possible to adopt special measures under Section 434 of the Bombay City Municipal Act (extended to those areas by the Government of India) could only be conferred by legislation. Even at railway stations the measures that could legally be taken were entirely inadequate. When plague began to spread in the Mofussil to some slight extent in December, and more extensively in January, owing to the exodus of panic-stricken people from Bombay, it was recognised that the existing law would no longer suffice and that extensive powers in both municipal and non-municipal areas would have to be conferred on Government officers and other persons. On the 22nd January Government resolved on the immediate introduction into the Legislative Council of a Bill embodying the provisions of Section 434 of the Bombay City Municipal Act and making them applicable to any local area in the Presidency whether municipal or not. This section runs as follows: " (1) In the event of the city being at any time visited or threatened with an outbreak of any dangerous disease, or in the event of any infec- tious disease breaking out or being likely to be introduced into the city amongst cattle-including under this expression sheep and goats-- the Municipal Commissioner, if he thinks the ordinary provisions of this Act or of any other law at the time in force are insufficient for the purpose, may, with the sanction of Government: (a) take such special measures, and (b) by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons, as he shall deem necessary to prevent the outbreak of such disease or the spread thereof. 2. Government further resolved that the powers of a Municipal Commis- sioner should be conferred on any officer whom Government might appoint for the purpose, irrespectively of the question whether he was connected with a Municipality or not. In other words, Government proposed to assume, by legis- lation, authority to confer on their officers any powers which they might from time to time consider necessary. The requisite instructions were accordingly issued to the law officers of Government. 3. It may be observed that a similar measure, as regards Railway stations, had been suggested by the Secretary of State, and Government were in com- munication with the Government of India as regards the state of the law and the necessity for modifying it. 4. On the 28th January a Bill prepared by the Advocate General was about to be telegraphed to the Government of India for approval, when a telegram was received from that Government regarding the measures proposed for the inspection of persons leaving Bombay by sea, in which it was stated that a Bill on the subject of the general extension of the powers conferred by Section 434 of the Bombay City Municipal Act had on that day been introduced into the Legislative Council and would shortly be passed. This Bill was telegraphed to the Bombay Government, and in reply the following suggestions were telegraphed to the Government of India: