functions also under the Code. Under S.133 of the Code Executive Magistrates have the power to order the removal of nuisance. Under S.145 of the Code they have power to determine disputes concerning land or water if such dispute is likely to cause breach of the peace. Evidently therefore the functions of the Executive Magistrates while acting under the Code are not necessarily executive. But when acting under any law other than the Code the Executive Magistrates could exercise only executive or administrative functions. Similarly when Judicial Magistrates were called upon to act under the provisions of any law other than the Code their functions are to be only judicial in character. This is the new scheme brought about by S.3(4) of the Code of Criminal Procedure. That reads as follows: “3(4) Where, under any law, other than this Code, the functions exercisable by a Magistrate relate to matters (a) which involve the appreciation or sifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any Court, they shall, subject to the provisions of this Code, be exercisable by a Judicial Magistrate; or (b) which are administrative or executive in nature, such as, the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a
