JUDGMENT 1. This is a Reference from the learned Magistrate of Faridpur in six cases in which the Sub-Deputy Magistrate acquitted certain persons of offences under sec. 164 of the Labour and Emigration (Assam) Act, VI of 1901, and at the same time passed an order that the proprietor of the garden should deposit the expenses of repatriation of the coolies in question in each case. The Magistrate points out to us that the Sub-Deputy Magistrate's orders were entirely without jurisdiction inasmuch as sec. 2 of the Act defines the Magistrate as the Magistrate of the District, Sub-Divisional Magistrate or other persons appointed by the Local Government to perform the functions of the Magistrate under this Act, and this Sub-Deputy Magistrate was not so appointed by the Local Government. His orders therefore are clearly ultra vires, and the Magistrate asks us to set aside the order directing that the employer should bear the costs of repatriation. The learned Counsel who appears for the employer takes the further ground that inasmuch as the accused were acquitted and there is nothing to show that there was any undue influence or coercion and the employer was not called upon to show cause, as the law directs the order was a bad one. 2. Upon both these grounds, we think, that the order must be set aside and the amounts if paid must be refunded. 3. We do not express any opinion as to what the result of setting aside the Sub-Deputy Magistrate's orders as wholly without jurisdiction may be upon the acquittal of the accused persons. The only order which we are now concerned with is the order for repatriation. This judgment will govern all these six cases.