REGULATIONS FRAMED IN PURSUANCE OF SEVERAL ACTS WITH RSSPECT TO EUROPEANS, (Not in the Service of The Eaji India Company,) RESIDING WITHIN THE TERRITORIES OF THE COMPANY, Ordered to be printed 14/6 May 1S13. CONTENTS. No. I. r^DRRESPONDENCE and Proceedings relative to the Refidence of ^•^ Europeans in Bengal - -- - - "P3- Ko. 2. Correfpondence and Proceedings relalive to the Refidence of Europeans within the Prcfidencies of Fort St. George and Bombay - - lojf. No. 3. Copies of fuch Parts of the Public Regulations pafled by the Govern- ments of Bengal, Fort St. George, and Bombay, as relate to the Refidence of Europeans in India - _ . - - 146. ^ X3Ar No. 1. CORRESPONDENCE and PROCEEDINGS relative to the RcfidcncG of Europeans in Bengal. •a: a: EXTRACT BENGAL PUBLIC CONSULTATIONS, 29th June 1778, npHE Comminioners of Law Suits attend the Board with tlie Draft of a Bill for the better iVIanagement and Regulation of the Police of the Town of Cal . utta, prepared by Order of the Governor General, with the Concurrence of the other Members of the Board, and revifed. Agreed that it be paffed. Ordered, That the Bill be delivered to the Company's Attornpy on Record, ■with Direftions to prefent it to thz Supreme Court of Judicature, that it may :->e publifhed and regiftered, with their Conf'-nt and Approbation, according to Aft of Parliament of the 13th Year of His prefent Majefty's Reign. Ordered, That a Copy of the Bill be entered after the Confultation. A Rule, Ordinance, and Regulation for the better Management of the Police of the Town of Calcutta. ■T!^ Whereas the Town of Calcutta is very wide and extenfive, and of late Years !12 hath become very populous, and the Inliabitants thereof are expofed to frequent "o Murders, Robberies, Burglaries, and Outrages : And whereas the great Facility with which Jewels, Gold and Silver Plate, or other valuable Commodities are ^ difpofed of, is one principal Caufe (if the frequent Commiffion of fuch Robberies and Burglaries : And whereas it would much tend to the Safety both of the Pcr- fons and Property, and to the Benefit and Convenience of the Inhabitants of the whole Town, and all Perfons referring thereto, that a proper and well-regulated =2 Watch fhould be eftabliflied, and the feveral Dealers in valuable Commodities ihould be laid under certain Regulations, to prevent the buying and receiving ftolen Goods ; lit Be it enafted and ordained by the Authority of the Governor General and "* Council, now aflcmbled in Councd, by and in virtue of the Authority in them veiled by a certain AQ. of Parliament, paffed in the Thirteenth Year of His pre- fent Majefty, intituled, " An Act for cfcablilhiug certain Regulations for the better £ *' Management of the Affairs of the Eaft India Company, as well in India as iu g *« Europe," That from and after the due Publication and Regiffry of this Rule, Ordinance, and Regulation in the Supreme Court of Judicature at Fort William, in Bengal, with the Confent and Approbation of the faid Court, if the faid Court fliall in its Difcretion approve and confent to the Publication and Regiftry of the fame ; That there fliall be a Superintendant of Police of this Town, with the feveral Powers and Authorities, and fubject to the feveral Reflrictions herein-after ex- preffed ; and that Charles Stafford Pleydell Efquire fliall be, and he is hereby ap- pointed Firfl; Superintendant of the Police, to continue in Office during his good Behaviour : Provided always, the faid Superintendant, or any future Superin- tendant to be appointed as is herein-after provided, ihall be guilty of any Oppref- (163.) A a fioa 270G58 ^ REGULATIONS RELATING TO fion or Corruption, of exceeding his proper Junfdiftion or Autjiority, of wilful Negled, or any other Mifdemeanor in the E ^ecution of his Office, and being thereof legally convided by and before any Two Jullices of the Peace, of which one fhall be the Governor General or one of the Council, and the other the Chief Juftice or one of the Juflices of the Supreme Court of Judicature at Fort William in Bengal, he fliall and may be fufpended from the Execution and the Receipt of the Profir of his faid Office, until the Firft SefTu^n of Oyer and Terminer and Gaol Delivery to be holden before the Supreme Court of Judicature at Fort Wil- liam in Bengal^ after fuch Convitlion, to which faid Seflion the Superintendant fo convicled may appeal, and the fame Appeal fhall be heard and determined at the faid Stffion ; and if the faid Conviftion fhall be then and there affirmed, he fhall be finally removed from his faid Office ; but in cafe the faid Conviction fhall be then and there quaflicd, he ihall be reftored to the Execution and the Profits and Emoluments of his faid Office, fuch Conviftion notwithflanding : Provided al- ways, that if the Firft Day of the faid SefTion of Oyer and Tcnniner fhall happen to be within Fourteen Days of the Day of fuch Convidion, then and in that Cafe the faid Superintendant fhall be at Liberty to appeal to the Seffion next enfuipg the faid Firft Seilion, and at the faid next enfuing Seffion the faid Appeal fhall be heard and finally determined ; and if the faid Superintendant fliall not within Fourteen Day^ after fuch Convidion enter his Appeal as aforefaid, or give. Notice to the faid Jufticcs, or to one of them, that he intends fo to do, then the faid Conviclion fhall vacate the faid Office ; and in cafe of the Death, Refigna- tion, or Removal of the faid Charles Staifiard Pleydell Efquire, or Death, Refig- nation, or Removal of any future Superintendant of the Police, it fhall and may be lawful to the faid Governor General and Council to nominate and appoint another Perfon to the faid Office. And it fhall and may be lawful to the faid Governor General and Council to nominate and appoint a proper Perfon to be and ad as Deputy or Affiftant to the Superintendant of the Police, with the like Powers and Authorities as herein-after given to the Superintendant of Police : Provided always, if the faid Deputy or Affiftant iliall be guilty of any Oppreffion or Corruption, of exceeding his proper Jurifdidion or Authority, of wilful Negled, or any other IMifdemeanor in the Exercife of the Powers and Authorities committed to him, and be thereof legally convided by and before any Two Juftices of the Peace, of which one fliall be the Governor General or one of the Council, and the other the Chief Juftice or one ofthe Juftices of the Supreme Court of Judicature at Fort William in Bengal, he fliall and may be removed from the faid Office, which Motion fhall be final ; and in cafe of the Death, Refignation, or Removal of fuch Deputy or Affiftant, or of any future Deputy or Affiftant, it fhall and may be lawful to the Governor General and Council to nominate and appoint another Perfon to the faid Office. And be it further cnaded, by the Authority aforefaid, That the faid Governor General in Council fliall cauie to be paid to the faid Superintendant of Police, and to his Deputy or Affiftant, certain eftabliflied Salaries; tliat is to fay, to the Su- perintendant of the Police, Sicca Rupees Twelve hundred by the IVlouth, and to his Deputy or Afliftant the Sum of Four hundred Sicca Rupees by the Month. And it is further ordained. That for the due Watching and Safeguard of the Town, the Superintendant of the Police fliall, and he is hereby authorized to retain and appoint Thirty-one T;nnadi.rs, Thirty-four Naib Tannadars, Two Jcmautdar^ and fuch Number of Pykcs not being fewer than Seven hundred, as the faid Gor vernor General and Council fliall from Time to Time appoint anddu"cd, and them to difplaceor difmifs as often as to him fhall fcem meet, and to appoint otiiers in their room; and fhall likewife dircd and appoint where the feveral Tannadars, Naib Tannadars, Jcmautdars, and P)kcs Ihall be ftationed, and in what Man- ner they fhall be armed, how often they fhall go their Rounds, how long they fliall continue on Duty, and further to make and give all fuch necefTary and need- ful Ordtrs', as the Nature of fuch Service or Employment ihall or m.iy from 'I'ime to Time require ; and the faid Naib is hereby required ftridly to conform to and obey all fuch lawful Order or Orders as he fliall at any Time receive from the Superintendant of tlie Police, touching ;my Thh>g to be done In the Execution of. this Rule, Ordinance, and Regulation, or any Part thereof. 7 And EAST INDIA AFFAIRS. 5 And It is furthtr ordained. That all Standinji; Orders and Rep[uhiions of the Superintendant wliich fhali from Time to 'lunc be made for tiie better Uiredioa •ind Government of his Taniiadars, Naib T-innadars, Jemauiil irs, and I'ykes, or of his N;lib, (hail be entered into a Book or Books, to be kept for that I'urpofe by tiie Superintendant, who is hereby directed to figu the fame, and cauli,* a Copy thereof figned as aiorclaid, or a Minute containing the Subftance thereof, in fuch Lan- guage as to the Superintendant of the Police (liall leeni mod convenient to be de- livered to his laid Nub, who fhall caufe a C.opy of the fame to be delivered to each Tannadar, who ilvill affix the fame in fome coiif'picunus Place in his Clmkcy or Watch Houfe, and explain the lame to the Naib i'annadars, Jeinautdars, and Pykes of the Ward or Divifion to which he fhall beioui^, which laid Orders fhall within One Week after making the fame be reported to tne GMvernor Ge- neral, and 10 the Chief Juflics of the Isupreme Court of Judicature at Fort Wii'.iatu in Bengal, or in his Ablence, to the Senior Juflice of the faid Court, who fliall be refidcnt in Calcutta, and ihall be fubjecl: lu their Controul and Alteration. And be it further enacted, That the laid Superintendant fliall and may and is hereby authorized to fine, inipiilon, or whip or ffrike fuch Tannadars, Naib Tannadars, Jemautdars, and Pykes, as Ihall negled or retufe to pcrforiii their refpedive Duties, or to obey luch lawful Ordero as he may from 'lime to Time give them, fo that fuch fining, imprifuning, whipping, or flriking (liall not exceed the Degree of Punillnncnt which he is empowered to inflicl on Perfons brought before him as is herein-aftc; ordained. And it fljall and may be lawful to the faid Superintendant, and he is hereby required to caufe his faid Naib, and the faid Tannadars, Naib lannadars, Jemaut- dars. and Pykes refpectively, to enter into Maeliulkas or Obligations, ani to give Security for the due and faithful Difcharge of their Duty, and to be aiifwer- able for all Thefis, Robberies, and other Injuries, which may be committed within their refpedive Wards or Divifions, and binding themfclves, in cafe any Goods fluill be felonioufly taken or ffolen within the lame, either to produce the Goods ffolen, or the Thief or Robber who fhall have ifolen the fame, or to make good the Value of fuch Goods to the Owner ; and in cafe of the faid Naib, or any of the Tannadars, or Naib Tannadars, Jemautd.irs, or Pykss refpedively, negleding or refufing to perform the Obligation which he or they fliall have fo entered into, it fnall be lawful for the faid Superintendant to confine fuch Tanna- dar, Naib Tannadar, Jemautdar, or Pyke, fo rcfufmg or negleding, and to cany him or them before one of His iVlajefty's Juflices of the Peace, being Members of the Council, or Judges of the Supreme Court, who is hereby empowered to com- mit him or them to the Houfe of Corredion, until he or they fhaii have performed the Obligation which he or they fhall have fo entered into, or fnall have made good the Whole, or fuch Share, and in fuch refpedive Proportions, as to the faid Jultice fhall feem rcafonable. And be it further enaded. That the faid Tannadars, Naib Tannadars, Jemaut- dars, and Pykes, fliall attend and do Duty, and keep Watch and Ward within the Town, at fuch Time and in fuch Manner as Ihall be appointed and direded by the faid Superintendant, and fliall in the Courfe of watching ufe their bell Endea- vours to prevent all Miichief by Fire, and all Murders, Burglaries, Robberies, 'J'hehs, and other Outrages ; and to that end the faid Tannadars, and each of them, are hereby authorized, empowered, direded, and required to apprehend and detain all Night-walkers, Malefadrors, drunken, idle, dilbrderly, or fufpec^ed Perfons, who fliall be found wandering or milbehaving themfelves, or wiior.i they fhall have Reaibn to lufped of any evil Defigns and Intentions, and fhall confine them in fome Chokey or Watch-houfe, or other clofe and lafe Cuftoev, in order to be carried, as foon as conveniently may be, before the Superintendant of the Police, to be examined and dealt with as is herein-after direded. And the faid Superintendant of the Police fliall, without Delay, examine all fuch Perfons as fliall have been feized, apprehended, and brought before him by the Tannadars, according to their Duty, or fuch Servants and Workmen who fhall be charged befoic him with Mifuehaviour, Negled of Duty, or any ps^tty IVlifdemeanour, and take the Depofitions of fuch Witneflcs as fliall be produced for or againit the Perfon fo apprehended or accufed, and fhall reduce, or caufe to be (163.) B reduced 6 REGULATIONS RELATING TO reduced into Writing, fuch Exaniinraions and Dcpofuions, and caufe iht fame tc be figned by the Perl'on:i examined or depofing ; and if on fuch Examinations and Depofilions. any Perfon fo apprehended fhall appear to have committed any Treafon, Murder, Arfon, Burglary, or other Felony, except ftealing under the Value of Ten Rupees without Force or putting in Fear, or fhall have committed any violent AfTault and Battery, by wiiich an Eye or Member fiiall have been broke or deflroyed, or any other bodily Harm done, inducing the Danger or Lofs of Life, Eye, or Limb, or any dangerous Breach of the Peace, then, the faid Superintendant of Police fh^-Jl, immediately after taking the faid Examinations and Depofuions, fend the Perfon fo apprehended in the Cuftody of one or more of his Ofikers, together with the Witnelfes and their Examinations or Depofitions, to One of His Majefty's Juftices of Peace, to be dealt with according to Law ; and if the Perfon fo apprehended fliaii not be accufed of any of the Crimes afore- faid, nor fliall be under fuch Sufpicion aforefaid, and fliall be accufed of Simple Larceny, or Stealing without Force or putting In Fear, under the Value of Ten Rupees, or any Simple Aiuuilt and Battery, where no great Injury has been com- mitted, any petty Breach of the Peace, of Brawling and Scolding, Drunkennefs, public Indecency, or petty Mifdemeanour, then the faid Superintendant of the Police mav and fhall, and he is hereby authorized to take fuch Examinations and Depofitions as aforefaid, and finally to try and determine any fuch Accufation ; and if on due Examination it fhall appear that the Perfon fo accufed is gjilty, to convid him, her, or them of the fatne, and to punifli him, her, or them by Fine, ib that no Fine fliall exceed the Value of Two hundred Sicca Rupees ; and if fuch Perfon does nor, with.in the Space of Three Hours after fuch Convidion, pay to the faid Superintendant the faid Fine, then the faid Superintendant fhall and may nnd he is hereby authorized to inflitt Corporal Punifhnient on fuch Offender, by Imprifonment, placing in the Stocks in fome public Place, or whipping with a Rattan, or by ftriking with a Slipper in fome public Place, or by drumming round the Town ; fo that no Imprifontnent fhall continue longer than the Space of One Month, no placing in the Stocks longer than Six Hours, and that whip- ping fnall coniifl of no more than Twenty Stripes, or flriking with the Slipper ol Thirteen Strokes : Piovided ahvavs, that it fliall be fufficient that in fuch Lxam]nations and Dcpofuions and Convictions the Subflance of the Accufation and Teliimony be w.-iiten, and no material Part be omitted. Provided alio, I'hat nothing herein enafted fhall releafe or extend to the Cafe of notorious Decoits, or Perfons ftrongly fufpected on public Fame of being Decoits, who may by the Superintendant of the Police be imprifoned, until they can be delivered over (for the Purpofe of Trial) unto fuch Court of Criminal Juftice, within the Jurifdiction of which they are fufpeded or alleged to have committed any Crime or Enormity. And the faid Superintendant of the Police is hereby required, as often as he fhall be called upon by One or more of His Majeily's Jufiiices of the Peace fo to do, to report the Whole or any Part of his Proceedings, and on their Rcqulfition to tranfmit to him or them, for their Infpeftion, the vVhole or any Part of fuch Examinations, Depofitions, and Convictions ; and for that Purpofe it is hereby ordered, That the faid Superintendant of the Police do faithfully and truly enter, or caufe the fame to be entered in the Englilh Tongue in a feparate Book, with a regular Index of the Names of the Perfons accufed, and the Accufations, and the Nature of the Fine or Punifhment inflicted ; and the Superintendant fhall, and he h hereby required to lay before the Governor General, and the Chief Jullice of the Supreme Court, fuch Book or Books, on the l''irfl 13ay of May and on the Fir'l Day of November in every Year. Ami be it further eriacbed bv the Anthority aforefaid. That it fliall and may be lav/ful to the Superintendant of ilie Police, and he is hereby requited to form, or caufc to be formed a Lift or Regifler of all Europeans reiident or being within the Town of Calcutta or the Limits thercoi', containing and fpecifying their rc- fpective Names, Country, Places of Abode, Occupation or Employment, anul for that Purpoie the Superintendant is hereby authorized and empowered to require irm all fuch Juiropeans fo refiding or being within the Town of Calcutta as afore- faid, fuch Information and Intelligence as Ihnll be requifuc to the forming of fuch Lifl KAST I^3DIA Ai'FAIRS. 7 Lift and Regiricr as aforcfaid ; nnJ in cafe fuch Iiilonnalion or Intelligence fliall he refufed or withheld by any I'erfon or Pcrfons iroin whom the Sii|K'rinicndant (ball find it neceffary to demand or require the fame, It fliall and may be lawful, and the faid Supciintendant is hereby empowered to iffue a Summons, under his Hand and Seal, to the Perfon or Perfons fo refufmg or withholding to be and appear before In'm at a certain '1 inie and Place to be therein mentioned ; ajid in cafe the faid Perfon or Perfons fliall i-efufe or negledl to apj)ear thereto, or having appeared Oiall rd\x(c to give fuch Information or InteiliRcnce as aforefaid, then and in that Cafe the Superintendant of the Police may and Hiall give Notice thereof 10 One of His Majedy's Jullices of the Peac, who may and (hill, and are hereby empowered to feize, apprehend, and commit to Piifon the Perfon or Perfons fo offending, until he or they ihall have given the Information and Intelligence required of him or them for the I'urpofe aforefaid. And the Superintendant i:; hereby diretled and required to lay fuch LiflanJ Regiiler before the Governor General at Fort William as often and at fuch Times as he fhall appoint or recjuirc the fame. And the faid Superintendant is hereby required and empowered to make or caufe to be made, in a Bo(jk to be kept for that Purpoie, a faithful and accurate Lift or Regilfer of every Shop which is or fliail be kept within this Town, toge- ther with tlie Name of the Perfons keeping the fame, and his Trade and Occupa- tion, and the Nature of the Commodities in which he deals, and the Sireet, Lane, or Paffage, and the Ward wherein the fame fliall be fituated, and the Number whicli fhall be affixed to the fame, which faid Lilt or Regifter, together wiih the feveral Defer iptions hereby required, each Tannadar, fo far as refpccfs the Divifion to which he is appointed, is hereby required to make, and a true Copy to deliver to the Superintendant, within One Month after his Appointment ; and from and after the Time the Fnft Lilt or Rcgifter fhall be made out and completed, if any Shopkeeptr fliall die or remove, or relinquifh his Trade, the Tannadar of the Di« vifion in which the Shop fliail be (hall report the fame to the faid Superintendant, who ihall ftrike the Name of fuch Shopkeeper out of his Lift ; and in cafe of the Change in the Perfons keeping the Shops which have been regiftered, or of any new Shops being opened, the Tannadar of the Divifion in which it fhall happen fliall repeat the Hime, together with the Names of the new Shopkeepers, and the Commodities dealt in by them, to the Superintendant of the Police, who fliall add fuch new Names ai^.d Shops to his Lift or Regiiler, and caufe a Number to be placed on each new Shop. And it is hereby enafteJ and ordained. That the Tannadar of each Divifion fliall give, and lie is hereby required duly and feverally to give, to every Shopkeeper within thisTown. Notice of this Rule, Ordinance, and Regulation, widiin One Month after the fame (hail have been duly regiftered in the Supreme Court of Judicature at Fort William in Bengal, and to report to the Superintendant the Names of the Perfons to whom fuch Notice Ihall have been given ; and in cafe any Perfon fhall open or fet up a Shop after One Month from the Time this Rule, Ordinance, and Regulation fhall have been regiftered as aforefaid, then the Tannadar of the Divi- fion in which fuch Shop fliall have been opened, fliall give Notice to the Keeper thereof of this Rule, Ordinance, and Regulation, as far as the fame ftiall refpecl him, and report to the Superintendant that he hath given fuch Notice, and the Name of the Perfon to whom he fliall have given it : And it is further enacted, that any Shopkeeper to whom fuch Notice aforefaid fhall have been given fliall keep, and he is hei eby required to keep, a faithful and accurate Day Book, and to enter in the fame every Article or Articles pledged, depofited, or left in Truft with him or his Agents, together with the Name and Defcription of the Perfon or Perfons pledging and depofuing the fame, and of the Day of the Week, Month, and Year on which the fiune were fo bought, fold, pledged, or depofited : Provided that this Rule, Ordinance, and Regulation, or any Thing herein contained, Ihall not oblige any Shopkeeper to enter into his Books any Flefh, Victuals, Fruits, or Eatables, or any Liquor whatfoever. And it is hereby further enacted, That any Shopkeeper, Artificer, or Tradefman, who fliall buy or receive any Jcvjiel, . Watch, or Article of Gold and Silver in Shape of any Utenfil, Toy, or Ornament, ftiail, befides the Entry aforefaid, faithfully defcribe 8 REGULATIONS RELATING TO defcribe in the fame the Name, Quality, Colour, and Weight of fuch Jewel, and the Name, Shape, and Weight and Mark of fuch Gold or Silver Articles. And it is hereby further ordained. That no Goldfrnidi, Silverftnith, or any Perfon whatfoever, except at Public Au(!tion or Outcry, or in feme Shop where the fame has been publicly and openly expofed to fale, or from fome Perfons of known Credit or Reputation, whom the Perfon buying or receiving the Articles hereinafter mentioned, is able to produce on Demand thereof being made by the Superintendant of the Police, orany of His Majefty's Jufticesof the Peace, (which, as Occafion may require, they are hereby authorized to demandj fhall by himfelf, his Servant, or Agent, buy or receive any Jewel, Watch, or other Article of Gold and Silver in the Shape of any Utensil, Toy, or Ornament, without having firfl: given Notice thereof to the Tannadar of the Divifion in which he refides, and (hewing to him the faid Jewel or Plate fo offered to fale or to be received, which Tannadar is hereby required to enter in a Book, to be kept by him for that Purpofe, the Name of the Perfon offering the fame to fale or to be received, and of the Buyer and Receiver of the fame, and a full Defcription of the Jewel or the Plate j and the Perfon fo buying or receiving fhall not melt down or deface, or caufe or permit to be melted down or defaced the faid Gold or Silver Plate till after the Expiration of One Month from the Time the fame fliall have been fo bought or received ; and that no Perfon or Perfons whatfoever fhall buy or receive of any Perfon or Peifons whatfoever any Gold or Silver which hath been worked in the Form of any Coin, Utsr.fii, or Ornament, and which fliall have been beat, bruifed, and defaced, nor any Gold and Silver melted down, and without Form of any Coin, Utenfil, Toy, or Ornament, (except it fliall be from fome Perfon of known Credit and Reputation, whom the Perfon buying or receiving fliall be able to produce on Demand as aforefaid, which Dzmand is hereby authorized as afore- faid) on any Pretence whatfoever, but fhall give and is hureby required to give Notice to the Tannadar of the Divifion in which he fliall rellde, of any Gold or Silver fo melted down, bruifed, beat, or defaced as aforefaid, and of the Perfon offering the fame to be fold or pledged. And it is hereby ordained. That any of His MajeRy's Jufllces of the Peace, or the SuperintLndant of the Police, fliall have and they are hereby declared to have full Power and Authority, as Occafion may require, by Summons iffued under their Hands and Seals, to require any Perfons hereby ordered to keep fuch Books as aforefaid, to bring fuch Books at a Time and Place to be fpecified in that Sum- mons, to be infpecced in their Prefencc, or may iffuc an Order in like Manner, authorizing any IVrfon or Perfons to infpect the fame at the Houfes or Shops where the faid Books iliall be kept : Provided always, and it is hereby required, that every Perfon fo autb.orized to infpeft the fame, fnall be firfl duly fworn before a Judice of the Peace, or before the Superintendant of Police, not to reveal the Contentsof fuch Books, or any Part thereof, but on the Requilition of a Juftice of the Peace, or the Superintendant of the Police, or of fome Court of Juitice. /\nd in cafe any Perfon hereby required to keep fuch Entries as aforefaid, fhall n'gledl or refufe to keep the fame, or fliall omit any Article in the fame, which in the Difcrttion of any one of His Majcfty's Julfices of the Peace ihall feem material, and be thereof duly convifled before one of His Majefly's Juflices of the Peace, the Ptrlbn fo offending fliall forfeit for the firfl: Offence a Sum not exceeding Fifty Sicca Rupees, nor lefs than Two Sicca Rupees; for the fecond Offence, a Sum not exceeding Five hundred Sicca Rupee?, nor lefs than Ten Sicca Rupees; and for the third and every other Offence, Aral! be committed to the Houie of Cor- rection to hard Labour for a Space not lefs than One Month, nor more than Six Months ; and every Perfon on offending againfl this Rule, Ordinance, and Regulation, fo far as it refpecls the -buying, felling, or receiving any Jewel or Gold or Silver Article, fliall fur every (3ff.'nce, being thereof legally convicted before a J-uflice of the Peace, forfeit the full Value of the Jewel or Gold or Silver Articles bought or received, of the Value of which Jev/el or Gold or Silver Article the Juflice ol the Peace fliall make ;ui Enquiry, and (hall affefs the fame; and alio for the firil Offence, a Sum not exceeding C)ne hundred Sicca Rupees, nor lefs th'.n Eivc Sicca Rupees; for llie I'econd Offence, a Sum not exceeding Five hundred Sicca Rupees, nor lefs than Fifty Siccas ; and for the third and every other Of- fence EAST INDIA AFFAIRS. 9 fence be commuted to the Houfe of Corredtion for a Space not excccJing Si< Months, nor Id's than One. Provided always, 'i'hat in all and every tjic Oficnces aj^ainfl tliis Rule, Ordi- nance, and Rcmilation, where, on Examination, the [ufticc fhall deem the Evi- dence to be fudiciunt to convift the Offender of the Receipt of (ioods knowing them to be ftolen, he may refiil'e to convict the Oftcndcr on this Ride, Ordinance, and Regulation, and may proceed in the ordinary Method of proceeding in Ofiences of that Nature. And be it further euaftcd, That all I'^ines and Forfeitures and Penalties by this Rule, Ordinance, and Regulation impofcd (the Manner of levying and reco- vering whereof is not hereby otherwife particularly direfted), fliall be levied by Dillrefs and Sale of the Olfendcr's Goods and Chattels, by Warrant under the Hand and Seal of any of His Majclty's JuRices of the Peace, which Warrant facli Juflice is hereby empowered and required to grant upon Conviftion of the Offender or Offenders ; and the Fines, Forfeitures, and Penalties when recovered, after rendering the Overplus (if any be), upon Demand, to the Party or Parties whofe Goods and Chattels fliall be fo diflrained and fold, (the Charges of fucli Diftrefs and Sale being firft dedufted,) flrall be paid to the Superintendant of the Police, and be applied towards the Purpofes of this Rule, Ordinance, and Regu- lation ; and in cafe fuflicient Diftrefs cannot be found, or fuch Fines, Penalties, and Forfeitures fliall not be paid forthwith, it fhall be lawfid for fuch Juflice, and he is hereby authorized and required, by Warrant under his Hand and Seal, to caufe fuch Offender or Offenders to be committed to the common Jail of the Town of Calcutta, there to remain without B lil or Mainprize for any Time not exceeding Four Months nor Icfs than Three Weeks, unlefs fuch Fines, Penaliies, and Forfeitures fliall be fooner fully paid and fatisfied. Paffed in Council the 29th Day ot June, in the Year of our Lord 1778. (Signed) Warrjix IIastings. RiCH.'VRD BaRWELL. Phillip Francis. Edward Wheeler. Openly publiflied and read in the Supreme Court of Judicature at Fort William In Bengal, by Order of the faid Court, this 4th Day of July, in the Year of our Lord 1778. (Signed) William Jackson, Reg. Jajvies Dumford, Reading Clerk. Supreme Court of Judicature at Fort William in Bengal, the 4th Day of July in the Year of our Lord 1778. It is ordered. That a Rule, Ordinance, and Regu- lation, intituled, " A Rule, Regulation, and Onlinance, for the better Manage- *' ment of the Police of the Town of Calcutta, made by the Governor General " and Council of the Prefidency of F'oit William in Bengal on the Twenty-ninth " Day of June lad part, by virtue of the Authority given to them by an Act of " Parliament, made in the Thirteenth Year of the Reign of His prefent Majefty, " intituled, ' An A& for eflablilhing certain Regulations for the better Manage- " ment of the Affairs of the Eaft India Company, as well in India as in Europe," be now openly publiflied. And it is further ordered. That a Copy of the faid Rule, Ordinance, and Regulation, be affixed in fome confpicuous Part of the Court-Houfe where the Court now fit. (Signed) William Jackson, Regiffer. EXTRACT BENGAL PUBLIC CONSULTATIONS. 17th Augufl; 177S. The Secretary lays before the Board an atteffed Copy of the Bye-Liw lately paffed, to be tranfmitted according to Aft of Parliament, to One of His JVIajelty's. Principal Secretaries of State. Agreed that it be fent with the following Letter to Lord Vifccunt Weymouth. (163.) C To JO REGULATIONS RFXATING TO To the Right Honourable Lord Vlfcount Weymouth, His Majefty's Principal Secretary of State, &c. &c. &c. My Lord, Having found it necefTary for the Peace and good Government of the Town of Calcutta to eftablifli an Ori^inance or Bye-Law, for the better Regulation and Management of the Police thereof, and being by Ad of Parliament " required " from Time to Time to tranfmit Copies of ?11 Rules, Ordinances, and Regula- " tions, as we fliall make and ifTue, to One of His iViajefty's Principal Secretaries of " State for the Time being ;" we therefore beg Leave to iuclofe a Copy for your Lord (hip's Information. We have the Honour, &c. Fort William, 17th Augufl, i-/-]^- Extract of a Public Letter from Bengal, dated 17th Auguft 1778. ■ 1 Para. 15. Having found it necefTary for the proper Regulation of the Police of this Town, to eftablifli a Bye-Law according to Act of Parliament, we caufed a Rule to be drawn up and regiftered in the Supreme Court, after it had pafTed our Approbation as the Act direds. For the Particulars of this Ordinance we beg agth June. Leave to refer you to a Copy of it entered on our Proceedings. We have a!fo, in Obedience to Law, tranfmitted a Copy of it to the Principal Secretary of State. Extrafl: Public Letter to Bengal, dated 5th July 1780. Para. 46. You arc hereby informed that the Rule, Ordinance, and Regulation made by the Governor General and Council of Fort William on the 29th Day of June 1778, for the better Management of the Police at Calcutta, and ordered by the Supreme Court of Judicature on the 4th of July to be then pabliflied, has received His Majefty's Royal Difallowance. The Warrant for difali.nving the faid Rule, Ordinance, and Regulation, is tranfmitted on the Ship Royal George, and attefted Copies thereof on the Ships Hilljhoroiigb and Mount Stuurt. By an early Opportunity we Tnall ftate our particular Objettions to the faid Ordinance, for your future Guidance on that Subjeft. Extraft Public Letter to Bengal, dated 15th January 1783. Para, i o. Notwithflanding the Attention we have paid to preventing unlicenfed Perfons proceeding to the P^aft Indies on board the Company's Ships, Means Iwve been found to elude our Vigilance in that Reipeft. It is therefore our pofitive Order, that upon the Arrival of any of the Company's Ships at your Prefulency, you do make the flrideft Enquiry whether the Paflengers on board have been duly licenfed by u-^ to take I-'affige thereon ; and that in cafe it fliall appear no fuch Permiihon has been granted to them, we direct that the Names of the Perfons fo defcribed, together with the Name of the Ship, and every other Particular you can collect that may throw a Light upon theSubjcft, be tranfmitted to us by your next Advices, as we are refolvcd to punifli very feverely thole Commanders who fliall dare to difobey our Inftrudions in this material Point. 1 1 . And as Perfons have been frequently taken on board our Ships in England as Part of the Crew, and afterwards dclignedly left in India, being let down as Run, it is our further Order, that you do alfo particularly attend to any Circum- ftanccs of this Kind that may occur ; ;ind that any Perfons who may be found at your Prcfideur.y under the above Defcriptions be fent Home by the next Ships, as we cannot fuffer fuch Evafions of our Authority to pafs with Impunity. 30. Of fo much Importance do we confider the preventing unlicenfed Perfons pnjceeding on beard our Ships, that fince writing the former Part of this Letter ve have thought proper to form fundry Regulations for the more effeftually preventing that Evil, and at the fame I'ime that we mull repeat the Dircdions contained in the Paragraphs we refer you for your Information to the Copies of the above-mentioned Regulation now forwarded in the Packet. 3 1 . And EAST INDIA AFFAIRS. ix 31. And here we cannot but particularly advert to a recent Inftancc of Dif- obetlience of our Order;; in the Coiuinaiidcr oi the I'airford, by his taking on board that Ship a Mrs.Cargill, without any Permiirion from us for that Purpofc ; and we pofitivciy direct, that it (lie fliould be landed at your I'rclidency, you caufe her to be fent [Ionic by the firft Conveyance. We (half take i)roper Notice of Captain Haldane'^ Conduct on this Occafion upon iiis Return to lin^land. F.xtraft General Letter to Bengal, dated 8th July 1785. Para. 32. We have attended to thePrnpnfal of your Accountant G'^ncral, as communicated to us in your Letter in the Public Department of the jd Fclnuary 1783, for fending from hence Two Perfons qualified to fill the Second and I'hird Stations in his OiHce, and cannot avoid exprefllng the utmoft: Surprize, tlnit fionr the long Lill of junior Servants under your Prefrdency, Two Perlons could not be found capable or willing to fill thofe Stations. It either argues a great Relaxa- tion on your Parts in not training up the younger Branches of our Servants. to be qualified for ufcful F.mployments, or has a Tcndenc)' to (hew that they v.'i!h to occupy at once thofe advantageous and lucrative Polfs to which they ought only to afpire after filling ihe inferior Stations with Induilry and Ability. We are confirmed in this Opinion from the Accountant General's Letter to your Board, of the 5!h March 1783, wherein he reprcfents, that notwithftaiiding yoa liad permitted him to employ any of rhe junior Servants as his Afiiftants, he had not received an Otler from any of them, and that the Perfons to whom he tendered thofe Stations did not hold the Salaries annexed to them as any Compenfation for the Labour which they would have" to perform. 33. But it is high Time for us to interfere v.ith our Authority in giving a Check to this Spirit of Indolence and Independence, which feems to be gone forth among our junior Servants, as reproachful to themfelves as it is prejudicial to the Com- pany">s Affairs. We therefore direct, that you do from linio to Time nominate tuch Perfons as you may de-em capable of affording him Afliilance, and fiiould any of them lb nominated decline engaiging therein, they mud be immediately difmiifed from the Company's Service ; and in order that our junior Servants m.ay be properly trained to a Knowledge of our Affairs in the Several Departments, we diretft that they be diilributed in the feveral Public OfEces, and that the Diligence -and Ability they may manifcit therein be confidered as the only Road to Appoint- ments of greater Confequence and Emolument. TxtraiElfeparate Letter to Bengal, dated 21 ft Sept. 1785. Para. 13. In making up your Eflablifhments to be reported Home for our final "Revifion, we defire you to attend to the following Circumlfauce : — We ob.ferve ■■there are employed monthly Writers and other Native Servants in the various Branches of our Service, and we have reafnn to believe th;u many Articles of Bufinefs can be performed by them equally well and at infinitely lefs Expence than by any European Servants. If this has been the Foundation of employing them in our Service, the employing them merits our Approbation; but if they have been employed to do the Bufinefs of Writers, and others in our Service, we •cannot pafs over a Praftice of that Kind without marking it with our Difapproba- tion, as fubverfive of all Order, and introduftory to every Species of ldlen;;is and Diilipation in our Settlements. We mean not, however, at pi'efent to take any relrofpeftive View of this Pradice; but we delire you to advert to it in the Forma- tion of your Eitabliflimenis, with a View to the Economy fo requifite in our Affairs. 14, You will recolleft that you are now employed in forming a Standard Efta- blifhment, for condu'ertifenient publifhed in the Gazette of the 21II March laft, the Period of its Limitation being expired. Read the Two fnll: Heads, viz. A. and B. of the Abltraft. Agreed, That the Advocate General be defired to furnifh the Board with a coni nefted Summary of the feveral Laws as they now ftand, relative to the Powers vefted in Government for fending Home Perfons unlicenfed ; and that he do alfo report his Opuiion on the mofi: proper Form or Forms to be obferved in this Refpecl;. Extract of Public Letter from Bengal, dated 27th July 1787. Para. 66. Having found every other Attempt in vain to obtain an exact Account Con'. of all thofe Perfons refiding in Calcutta and the Provinces, who are not in the Ser- nth March, vice of His IVlajelty or the Company, we directed an Adveri:ifement to be pub- liliicd, peremptorily requiring all who came under the above-mentioned De- fcription, to give an Account of themfelves by Letter to the Secretary for this Department, within Tliree Months from the Date thereof ; that Time being ex- pired, the Letters which were received are now digefted into aa alphabetical abftract Copy, of which we fend you a Number in the Packet. 67. This Lift, though much fuller than any heretofore obtained, is by no means fo complete as we could willi ; many licenfed by your Honourable Court appear in it ; others, though ur.Iicenfed, have omitted to give an Account of themfelvts under the Idea (as we underfland), that being Oflicers of the Supreme Court, k is not required of them ; and others again having no creditable Mode of obtaining a Livelihood, are apprehenfive of being immediately fent away. ' (163.) D 68. We 14 REGULATIONS RELATING TO 68. We have not formed any Refolution with refpeft to either Clafs; but, tO " enable us to carry legally into Execution the Powers committed to us by the Le* giflature, vse have direcled the Advocate General to prepare a progreflive Sum- ■ mary of the different Laws aff'ecling Perfons of this Defcription, and to report to us the Forms to be obferved in our Determination regarding them. This Delay Con', is altogether immaterial, as we underftand no Perfon can be fent Home without 4.U ju.y. previous Notice before the ift January 1788. Extraft of Public Letter to Bengal, dated 1 8th February 1789. /^i'''It\^r.''^'''f'!,V'V"'^r^^^'\ Para. 1 1. Thefe Paragraphs are under the (65 a 68) Unhcenied Perlons rcliding > _, ,,, . ri^°'^.T ^xrr- in India. J C-onlideration of the Company s Law Officers. Extra £t Public Letter to Bengal, dated 31 ft July 1787. Perfons unlicenfed 1 Para. 1 82. The Directions contained in our Letters of the by the Company. / 26th September 1782 and 15th January 1783, for rot admitting into our Service Perfons refident in India unlicenfed by us, or iicenfed only unuer certain Reftriclions or Conditions, have not been fufficiently att'^nued to ; otherwife the appointing fuch Perfons Chaplains, as in the Inilances of i^leffrs. Mackinnon, Brown, Goddard, and Seconibe, and other Perfons in fimilar Situations, to various Offices, could not have taken place. 1S3. By feveral A6ts of Parliament, and particularly by the Aft of the a6th of His prefent Majefty, Cap. 57. Sect. 34 to 27- the Powers veiled in our Govern- ments abroad for fending to England Perfons refident in India without ouf Licence are clearly explained ; but if inftead of putting in force thofe Powers, cur Governments in India not only connive at the Refidence of unlicenfed Per- fons, but even proceed fo far as to give them lucrative Appointments, every Regulation adopted by the Legiflature or by us to obviate this Grievance will be in vain, and we may fuffer the Mortification of having valuable Offices filled up by Perfons entire Strangers to us, and of whofe Abilities and Integrity we have no Affurance. 184. We hope and truft we (hall have no Caufe to complain of this in future. We ffiall pay proper Attention to the fupplying your Eftablilhments from hence; and as a Means of preventing unlicenfed Perfons from proceeding to India, we direct, that on the Arrival of every Ship you call on the Captain to give in a Lift of his Paffengers and Crew, fpecifying each Perfon of the latter Defcription who came out and will continue the Voyage with him, with an Account of Cafualties on the Voyage, and each Pafl'enger either for your Prefidency or any other, ftating fuch as may have been left at any Port the Ship may have touched at. 185. With thefe Lifts before you, you will be enabled to difcover what Perfons proceed with or without our Licence, and alfo fuch as having come out as Officers ' or otherwife of our Ships, under Pretence of Sicknefs or other Caufe, are left in the Country ; and you are to be careful that all thofe of the two latter Defcrip- tions have immediate Notice to quit the Settlement, under the Pains and Penalties of the aforefaid Ad, unlefs you fliall be fatisfied that the Plea of HI Health is well founded, in which C'afe you will allow fucii Time as you may think neceffary for the Removal of the Partv. 186. As it is probable that many unlicenfed Perfons proceed to India on the Ships of other Nations, we tnift to your Care and yVttention that fuch Per- fons will, on your being informed thereof, immediately be directed to leave the Settlement. 187. And we further dircft, that in future you give pnfitlve Orders to the Mafter Auendant, or to the Perfon you Oiall employ to difpatch the feveral Ships, carefully to mufter the Ship's Oimpany and Pallengers, and to require the Com- mander to produce to him your Orders for every IV-ribn under the latter Defcrip- tion proceeding; to Europe ; and if it fhall ajipear to him that there is any Palfenger on board without your Authority, or any Peri'nn mullcred on the Books whom he has Reafou to fuppofe is not adually one of the Ship's Company, but who adopts that Method of leturnirig to En^^land, with an Intcnlion of evading our Orders EAST INDIA AlTAms. tj Dr'ders refpcftlng unticenfed Perfons, in cither Cafe he is to Mtitx f>art!cu!arly» in the Liil of PafTengers franfmitted to our Secretary here, the Names of fuch Paffengers whom he fhall difcover on board without proper Orders for proceeding to Europe* EXTRACT Of BENGAL PUBLIC CONSULTATIONS, 24th December 1787. THE Board deeniirtg it highly proper that the Number of Europeans refiding in the interior Parts of the Country (houid be alcertained ; Agreedj That the Colleftor's, the Judges of independent Adawluts, and the Refident at Benares, be direfted to tranfmit, as foon as poflible, Lifts of all Europeans (not in the Company's Service) who refide in their refpedivc Diflricts, fpecifying the Manner in which they are at prefent employed, and giving an Account of their general Conuud and Charader, as far as may have come to their Knowledge. Ordered, That Notice be given at the fame Time by the different Collectors, the Jud.;es of Adawlut, and Refident at Benai'es, that after the 1 ft March next, no European being a Britilh Subjeft, not in the Company's Service, will be fufFcred to rcfide in the interior Parts of the Country, without having obtained the particular Licence of Government. EXTRACT BENGAL PUBLIC CONSULT Al IONS, 1 6th January 1788. Read a Letter and Enclofures from the Advocate General t My Lord, I have had the Honour to receive from Mr. Secretary Duncan a Letter, written by your Orders in Council, requiring me to revife the various Laws enaded foi* reftraining Britifh Subjefts, not in His Majefty's or the Company's Service, not" licenfed by the Company, from going to, haunting, or refiding in the Eaft Indies within the Limits of the Company's Charter; and after giving a connefted Sum- mary of their Contents, to point out the Manner and the moft proper Form or Forms applicable to each of the above dcfcribed Clafles of Britifli Subjects in the Country, according to which Government may moft legally and effeftually exercife the Power vefted in them for compelling the Return to Great Britain of any of the faid Perfons who may not be thought fit Objeds to be allowed to remain in India. In Obedience to your Lordfliip's Command, I have applied myfelf to the Revifion of all the Laws now in force which relate to the above Subject ; and have the Honour to fubmit the following Summary of them to your Lordihip's Perufal : The firft Act of Parliament which reftrains Bririih Subjeds from repairing to, and trading in, the Eaft Indies, is the 9th and 10th of Wm. lU. c. 44. by the Sift Section of which it was enac"ted, " 'Ihat iuch Perfons or Corporations as in •' purfuance of this A£t fliali have a Right and Power co trade to the Eail " Indies, and other the Parts aforefaid, according to fuch Proviiiou, Proportions " and Reftrid'cions as are in this Act contained, and fubjedt to the Condition or " Power of Redemption before mentioned, from and after the faid Niiie-and- " twentieth Day of September One thoufand fix hundred and ninety-eight, fhall *' have, ufe, and enjoy the whole and fole Trade and Traffick, aiul the only " Liberty, Ufe, and Privilege of trading, trafficking, and exercifing the Trade or " Bufinefs of Merchandize to and f'-om the laid Eaft Indies, and to and from all " the Iflands, Ports, Havens, Cities, Towns and Places within the Limits before " mentioned ; and that the faid Eaft Indies, or the Iflands, Havens, Ports, Cities, **•■ Towns orPlaces within the Limits aforefaid, or any of them, fhall not after the faid '■ Nine- ,« 6 REGULATIONS RELATING TO " Nlne-and-twemieth Day of SeplembEr, One thoufand fix hundred and nmety* *' eight, be vifited, frequented, or haunted by any other of the Subjects of His " Majsfly, His Heirs or Succeffors, during fuch Time as the Benefit of Trade '' hereby given or intended to be given to the Subfcribers or others as aforefaid •' ought to continue by virtue of this Act ; and if any of the Subjects of His " Majcfty, His Heirs or Succeffors, of what Degree or Quahty foever they bej " other than fuch as may lawfully go and trade to the Eait Indies, and other the " Parts aforefaid, by virtue of this Aft, and their Factors, Agents, aiid Servants *' refpeSively, who fhall be employed according to the true Meaning hereof, fhall " directly or indirectly vifit, haunt, frequent, trade, traifick, or adventure into or *' from the faid Eaft Indies, or other Parts before mentioned, contrary to the true " Meaning hereof, all and every fuch Offender and Offenders fliall incur the " Forfeiture and Lofs of all the Ships and Veffels which fhall be employed in " fuch Trade, with the Guns, Tackle, Apparel, and Furniture thereunto be- *' longing ; and alfo all the Goods and Merchandize laden thereupon, and all *• the Proceeds and Effefts of the fame ; and alfo double the Value thereof; (to " wit) One-fourth Part thereof to fuch Pcrfon or Perfons as will fcize, inform, " or fue for the fame, to be recovered in any Court of Record as aforefaid, and " the other I'liree-fourth Parts to the Ufe of the faid General Society, until a " Company (hall be erefted as aforefaid ; and after the erefting thereof, (if any *' fuch be) then to the Ufe of the faid Company without Account, the Charges " of Profecution being borne by the faid Society or Company." But althougli by the above Clauie very heavy Forfeitures and Penalties wel'e enafred againfl Perfons vifiting, haunting, frequenting, trading, trafficking, or adventuring in, to, or from the Eaft Indies, contrary to the Meaning of the faid Acl, yet no Power was given to the Eaft India Company, or their Agents, of feizing and fending Home fuch Offenders, and as the Fbrfeitures and Penalties cculd only be fued for and recovered in a Court of Record, of which none exifted at that Period, nor for a long Time after, in any of the Englini F?.cto>ies in the Eaft Indies ; the 5th of Geo. I. c. 21. enacted, Sec. I. " That if any of His Majcfty's Subjects fiiall, from and after the f' Tnentieth Day of February, in the Year of Our Lord One thoufand feven " hundred and eighteen, fail, go, or repair to, or be in the Eaft Indies, or Parts ■•' aforementioned, or any of them, contrary to the Laws now in b;ing, or con- " trary to the Tenor ot this Aft, every fuch Perfon and Perfons fo offending ♦' fliall be liable to fuch Punifhment as by any Law or Laws now in being may be " inflicted for fuch Offence." Seft. II. " And to the Intent that fuch Offender and Offenders may be brought " to Juftice, it is hereby enafted. That it fhall and may be lawful to and for the " United Company of Merchants of England trading to the Eaft Indies, and their " Succeffors, to take, aireft, and feize, or caufe to be taken, arrefted, and feized, " fuch Perfon or Perfons, being a Subjeft or Subjefts of His Majefty, His Heirs " and Succeffors, at any Place or Places where he or they ffiall be found within " the Limits aforefaid, and the Perfon and Perfons io taken, arrefted, and feized *' to fend and remit to England, there to anl\\er for the Offence aforefaid, " according to due Courfc of Law." Seft. in. " And it is hereby further enafted by the Authority aforefaid, " That all and every Perfon and Perfons, who, from and after the Fifth Day of " February One thoufand feven hundred and eighteen, fhall procure, folicit for, " obtain, or aft under any Commiffion, Authority, or Pafs from any Foreign " Prince, State, or Potentate whatfoever, or to I'ail or go, or trade in or to the " Eaft Indies, or r.ny the Paits afprefaid, every fuch Perfon or Perfons fo *• offending herein, fhall incur and forfeit for every fuch Offence the Sum pf *' Five hundred Pounds." This Statute, which was only to continue in force for Five Years, and to the End of the next Seflion of Parliament, was continued by the 9th of G. I. c. 26. for Seven Years from March 1723 ; by the 5th G. II. c.29. it was revived and continued for Seven Years from May )732; by the 13th of G. II. c. 18. was continued to iff June 1747 j and by the 20th of G.U. c.47. was continued to the 35th March 1780. Buf EAST INDIA AFFAIRS. 17 But the Two preceding Laws not bn'ng thought fufilciciitly cogent, in the 7th of Coo. 1. anoihcr Statute vv:>s made, imituled "An Act for ihc f'unlier '■ prcveiiiiiig Ili^ Majefly's Subjects froin trading to die Fad Iiidic:; under foreign " Coiii.iiiillions, and lor encouraging and further I'ccuring tlie lawful Trade thereto, " and for further regulating the Pilots of Dover, Deal, and the Iflc of 'J'hanet ;" by which it was enacted. Sect. 1. " 'I'liat if at any Time from and after the Four-and-twenticth Day of •' June, whicli fhall be in tiie Year of Our Lord One thoufand fc;ven hundred and " twenty-one, any of Mis IVIajtirfy's Subjects fliall fail, go or rej)air to, or fliall " trade, traihck or adventure in, to, or from the Ea(t Indies or Pans aforcfaid, " contrary to the Laws now in being, or contrary to the Tenor of this Act, in " every fuch Cafe it fliall and may be lawful eiihcr for His Majefly's Attorney " General for the Time being, or for th.c laid United Company, at any 'lime " within the Space of Six Years, to hie or exhibit in .:ny of Mis Mnjeftv's Courts " of Record at WeltminfLer, One or more Informations againfl luch Ofl'ender " or Offenders, for the Offence by him or them committed ; and if the Party '^ or Parties, Defendant or Defendants to fuch Information or Informations fball '' by due Courfe of Law appear or be found to be guilty thereof, in the Court " where fuch Information or Informations fhall be fb filed or exhibited, fhall " forthwith proceed to give Judgment againil the Defendant and Defendants, " by which Fine and Imprifonment, or either of them, as the faid Court fhall " think lit, and fhall alfo award the Profecutor or P;ofecuturs his and their full *' Coft of Suit; but in cafe the laid Defendant or Defendants fhall be, upon any " Information exhibited by the faid Company, acquitted or found not guilty, hi " fuch Cafe the faid Company fliall pay fuch Defendant or Dcfen-Jants his or «' their full Cofts. Sect. 111. " That every Perfon and Perfons, Subject and Subjects of His Majefly, " His Heirs and Succeffors, who flrall at any Time or Times, from and after the " faid Four-and-twentieth Day of June One thoufand feven hundred and twenty- " one, go or repair to the Ea(t Indies or Places aforefaid, contrary to the Laws " now in being, fhall be deemed and accounted to be a Trader, and to have traded " and trafficked there, and all the Goods and Merchandize that fliall be there " bartered or trafhcked for, or be purchafed by any fuch Offender or Offenders, " or fliull be found in his Cuflody or in the Cullody of any other Perfon or *' Perfons, by his or their Order or Procurement, fhall be forfeited, with double " the Value thereof." This Att was followed in Two Years after by the 9th of Geo. I. c. 26, in- tituled " y\.n Act to prevent His Majefly's Subjects from fubfcribmg or being " concerned in encouraging or promoting any Subfcription for an Eaft India " Company in the Aultrian Netherlands; and for the better fee uring the lawful " Trade of His IMsjelly's Subjects to and from the Eaft Indies ;" by which it was enadled. Sect. VI. " That if any Perfon or Perfons, Subject or Subjects to His Majefty, " His Heirs or Succeffors, (other than fuch as are lau fully authorized thereunto), " fhall at any Time or Times from and after the Four and-twentieth Day of " June, in the Year of Our Lord One thoufand feven hundred and twenty- " four, go, fail or repair to, or be found in or at the Eafl Indies, or any the " Places aforefaid, every Perfon and Perfons fo ofleKding are and are hea-ebv " declared to be guilty of a high Crime and Mifdemeanour, and Ih.ill and may " be profecuted for the fame in any of His Majefly's Courts of Record at WefU " minflcr, wherein no Ellbign, Wager of Law, or Protcdion fliall be allowed, nor " any more than One Imparlance ; and fuch Peifon and Perfons lo offending, " being convicted thereof, fhall be liable to fuch corporal Punifliment or Im- " priibnnitnt, or to fuch Fine as the Court where fuch Profecution (hall be com- " menced fliall think fit, One Moiety of fuch Fine to be to the Ufe of His " Majelly, His Heirs and Succeffors, and the other Moiety thereof to him or tlieni " that fliall inform and fuc for the fame.'' Sect. Vir, " That all and every Perfon and Perfons [o offending fhall and may " be feizcd and brought to England, and it fhall and may be lawful to and for " any One or more of His Majefly's Juflices of the Peace, and they are hereby (163.) E "authorized ,8 REGULATIONS RELATING TO '• authorized and required to commit all and every fuch Perfon and Perfons to *' the next County Gaol, there to remain until fufRcient Security be given by " natural-born S-.ibjects or Denizens to appear in the Court where fuch Suit or " Proiecution fliall be commenced or dependini;, to anfwer the fame, and not to "■'• go or depart out of Court or out of this Kingdom without the Leave of the " faid Court." By the .17th of Geo. TI. c. 17, intituled " An Aft for granting to His Majefly " the Surplus or Remainder of the Monies arilen or to arife by the Duties on. " Spirituous Liquors granted by an Aft of the laft Seffion of Parliament, and " for explaining and amending the (iiid A& in relation to the Retailers of *• luch Liquors, and for eftablifliing an Agreement with the United Company " of Merchants of England trading to the Kaft Indies," it was enafted, Sect. XI. "That notvvithftanding fuch Redemption of the faid Annuities or *' yearly Funds of One hundred and twenty-eight thoufand Pounds, and Thirty " thoufand Pounds as aforefaid, the faid United Company of Merchants of -• England trading to the Ea(t Indies fhall (fubjed: to the Provifo of Determi- "nation herein-after mentioned) have, ufe and enjoy, and fliall continue to have, " ufe and enjoy the whole fole and excluiive Trade and Traffick, and the only " Liberty, Ufe and Privilege of trading, trafficking and exercifing the Trade or " Bufmefs of iv'Ierchandize in, to and from the Eaft Indies, and in, to and from " all the Iflands, Ports, Flavens, Coafts, Cities, Towns and Places between the " Cape of Good Hope and Streights of Magellan, and Limits in the faid Aft " of the Ninth Year of the Reign of His faid late Majefty King William the '• Third, or in the faid Charter of the Fifth Day of September in the Tenth Year " of His faid Majefly's Reign mentioned, in as ample and beneficial a Manner " as the faid Company could thereby or otherwife lawfully trade thereto; and =' the faid Eafl Indies or the Idands, Havens, Coafts, Ports, Cities, Towns and " Places within the Limits aforefaid, or any of them, fhall not from henceforth " at any Time before fuch Determinadon of the faid fole and whole Trade of the " faid United Company of Merchants of England trading to the Eaft Indies, as " is herein-after mentioned, be repaired or failed to, vifited, frequented or haunted " by any other the Subject of Llis Majeftvj His Heirs or SuccelTors vvhatfoever.; " and if any of the faid Subjefts of His Majefty, His Heirs or Succeffors, of what " Degree or Quality fcever they be, other than the Faftors, Agents and Servants " of the faid United Company of Merchants of England trading to the Eait . Indies, or fuch as fliall be by them thereunto licenled or authorized, fhall, at *' any Time or Times hereafter before fuch Determination of the faid Company's " whole and fole Trade as aforefaid, direitly or indireclly fail or go to, vifit, -" haunt, frequent, traffick, trade or adventure in, to or from the faid Eafl Indies, -«' or other the Limits or Parts aforefaid, contrary to the true Meaning hereof, all *' and every fuch Offender and Offenders fliall incur the Forfeiture and Lofs of " all the Ships and VeiTels which fhall be employed in fuch Voyage, Trade, Traffick " cr Adventure, with the Guns, Tackle, Apparel and Furniture thereunto be-. *' longing, and alfo all the Goods laden thereupon or that were or fhall be fent *' to, acquired, traded, trafficked or adventured within the faid Eafl Indies or " Parts aforefaid, and all the Proceeds and Eftefts of the fame and every of them, " and Double the Value thereof; which Penalties and I-'orfeitures fhall be fued " for, feized, diflributed and diflributable, recovered and recoverable, as in and " by an Act made in the Seventh Year of the Reign of His late Majefly Kitrg " George the Firfl, intituled " An Aft for the further preventing His Majefly's '• Subjefts from trading to the E;dl Indies um'.er Foreign Commillions, and for '*' encouraging and fuither fecuring the lawful Trade thereto, and for further *' regulating the Pilots of Dover, -Deal, and the Ifle of Thanet, is appointed, *' direfted and cnafted, concerning the Pciialtics and Forfeitures in that Aft *' mentioned or referred to with refpeft to the faid United Company or their '" Trade to the Ea't Indies." By the 20th of G. 111. c. 19. the aforementioned Aft of the 5th of G. I. which had been revived by the 5th of G. II. c. 29. and continued by fubfequent Afts d'uvn to the 25th of March 1780, was further continued to the 25th Day of ,March 1 8oOj and from thence to the End of the then ne.\t Seflions of Parliament. By -*i EAST INDIA AFI'AIIiS. 19 I'y the 2iR of C. III. c. 63, it was enaflcd, " That the faic! United Company " ut Merchants ol Engkuid traiHng to the Kait Indies fliall (lubjcct to the Troviio " of Determination therein-after contained) have, ufe, enjoy, and (hall continue " to have, ufe, and eojov, the whole fole and exclufive Trade nnd Tradich, '• and llic only Liberty, lU'c, and Privilege of trading, traflickin-, and cxercifing " the Trade or Bufinel's of Merchandize in, to, and from the Ka(t Indies, and in, " to, and from all the Ilhr.uls, Ports, Havens, Coafls, Clitics, Tov.nr;, and I^bces, " between the Cape of Good Hope and Streights of Magclla'.i, and iJinits in the " faid Ad of the Ninth Year of the Reign of the faid late Majefly King William " the Third, or in the faid Charter of the Fifth Day of September in the IVnih '•' Year of His faid Majcliy's Reign mentioned, m as ample and bent.'icial a " IManner as the faid Company could thereby or otherwife lawlidly trade thereto ; " and the laid J''afl Indies, or the Iflands, Havens, Coad?, Ports, Cities, Town;;, " and Places within the Limits aforcfaid, or any of them, fliall not from hence- " forth at any Time before fu( h Determination of the fole and whole I'rade of the " faid United Company of Merchants of England trading to the Eafl Indies, as *' is herein-after mentioned, be repaired or failed to, vifited, frequented, or " haunted by any other the Subjcds of His Majefty, His Heirs or SuccelTors " whatfoever; and if any of the faid Subjedls of His ivlajefly. His Heirs or 8uc- " ccffors, of what Degree cr Quality fbever they be, other than the Factors, " Agents, and Servants of the faid United Company of Merchants of Englaud " trading to the Ea(f Indies, or fuch as (hall be by them thereunto licenfed or " authorized, fhall at at;y Time or Times hereafter, before fuch Determination of " of the faid Company's whole and fole Trade as aforefaid, diiei^ly or indireftly " fail or go to, vifit, haunt, frequent, tratlick, trade, or adventure in, to, t)r « from the faid Eaft Indies, or other the Limits or Parts aforefaid, contrary to the " true Meaning hereof, all and every fuch Offender and Otienders fhall incur the " Forfeiture and Lofs of all tlie Ships and VelTels which fliall be employed in fuch " Voyage, Trade, Iraffick, or Adventure, with the Guns, Tackle, Apparel, " and Furniture thereunto belonging, and alfo the Goods laden thereupon, or " that were or fiiall be fent to, acquired, traded, trafficked, or adventured with in *' the faid Eaft Indies or Parts aforelaid, and all the Proceeds and I'^ffccfs of the " fame and every of them, and Double the Value thereof; which Penalties and " Forfeitures fhall be fo fued for, feized, diftributed and diftributable, recovered " and recoverable, as in and by the Ad made in the Seventh Year of the Reign " of His Majefty King George the Firft, (intituled. An Aft for the further pre- " venting His Majefty's Subjects from proceeding to the Eaft Indies under Foreign " CommifTions, and for encouraging and further fecuring the lawful Trade " thereto, and for further regulating the Pilots of Dover, Deal, and the Ifle of *' Thanet), is appointed, directed, and enaded, concerning the Penaldes and " Forfeitures in that Aft mentioned or referred to with refpeft to the faid United *' Company or their Trade to the Eaft Indies." Seft. IV.' " Ar,d that the faid United Company of Merchants of England " trading to the Eaft Indies fhall at all limes hereafter, for ever, fubjeft as afore- " faid, have, hold, and enjoy, and be entitled unto all and every the Profits, " Benefits, Advantages and Privileges, Franchifes, Abiliiie'j, Capacities, Powers, " Authorities, Rights, Remedies, Methods of Suit, and all Penalties and For- " feilures and Difabilities, Provifions, Matters, and Things whatever, which by " any former Aft or Afts of Parliament, or by any Charter or Charters founded " thereupon, or by any Claufe or Claulcs in the faid Afts or Charters contained, " are vefted, given, granted, provided, inflifted, limited, eftabliflied, or declared, " to, for, touching, or concerning the faid Company or Body Poliric and Cor- " porate, either to the Advantages given by an Aft of Parliament for advancing " a Sum not exceeding Two Mitllons, for tlie Service of the Crown of England " on the faid Body Politic and Corporate, called by the Name of ' The EngUih " Company trading to tlie Eaft Indies,' or the faid Body Politic cr Corporate, " now called by the Nanie of ' The TJnited Company of Merchants of England " trading to the Eaft Indies,' snd not by this Aft altered or intended to be altered, " according to the Tenor and true Meaning of the faid Acts and Charters, freed " and difcharged from all Provifoes and Conditions of Redemption and Deter- " mination *i cs ao REGULATIONS RELATING TO " iniaatlon therein contained ; and the fame and every of them arc hereby ratifieJ " and connnru •.!, and (hall continue to be lield and crjoyed, and he pradlifed and " put in Execution by the laid United Company of Merchants of England trailing *' [o the Eaii; Indies and their Succe[fors. for the better and more efl'edtual fettling " and fecuring to them and thtir Succcffors, the whole, fole, and exclufive Trade " to the l':^^i\ Indies and Pans af.irefaij, and for the preventing all others His Majeily's Subjecls trading thitl'.er, and for fecuring alio their Foffeffiuns, Eftate, and Effeds, and governing their Affairs and Bufineis in all refpefts as fully " and el.'ecluallv as if the fame Profits, Benefits and /.dvantages. Trade, Pn'vi- " iege.s, I'^ranchife.-, Abilities, Capacities, Powers, Authorities, Rights, Remedies, " Methods of Suits, Penalties, Forfeitures, Difabiiities, Provifions, Matters, and "' Things vverefeverally repeated and at large re-enacted in the Body of this Act, " fubjeci: nevenheleis to luch Reflriclions, Covenants, and Agreements, as are " contained in the faidj Acl and Letters Patent now in force and not herein "' or hereby varied or altered, and fubjeft alfo to the Provifo herein-after " mentioned." By the 26th of tiie prefen. King, fome Doubts which had been entertained upon the Conftruftion of the former Acts, authorizing the fending Home unlicenled Briiii'h Subjects are explained, and the Ma.iner in which that Power is to be exer- cifed is more precifelv defined : For by the XXIVth Section it is enabled, " That all and every Perfon andPer- *' fons whofe Licence or Licences to go to, or trade, tranick, or rcfide within the " Limits aforcfaid, Ihail have ceafed and determined, or who fliall have been dif- " milled from or religned the faid Company's Service, and fliall be found within *•' the Limits alorefaid, alter fuch lime as fhall be allowed by the Governor and *' Council of the refpective Preiideucies in India, wherein fuch Perfon or Perlbns " flrall be found, fliall be deemed and taken to all Intents and Purpofes to be *' fubje£t to all the Provifions, Regulations, Penalties, and Furfcitures bv any " Act or Acls made or impofed upon any Perfon or Perfons wito Ihall rc^'air, fail, or go to, or traffick, trade, or adventure in, or be found in any Place within the Limits aforefaid, without Licence having been obtiined from the faid Com- pany, or without having been in the faid Company's Service." Sect. XXXV. " That the Powers and Authoruics in and by the faid Acis, and every or any of them given, granted, or provided, for taking, arrclting, feizing, remitting, fending, or bringing to England, any Perfon or Perfons being in the Eaft Indies, or in the Limits or Parts aforcfaid, contrary to the Provifions of the "' (aid Ads or of this Act, and for feizing any Ships, Vtlfels, Goods, or Effects, '• made liable to Seizure by the faid Company, or by any Law now in force, fliall *' and may be enforced and put into Execution by or by the Order an i Authority *•' of the Governor General in Council of Bengal, to the Prefident and Council of *' Fort St. George and Bombay refpeftively, or by any Refident at any other of " the Britifh Settlements in the Eait Indies for the Time being refpeclively, or *' by or by the Order and Authority ot the Company's Council of Supra-cargocs " for the Time being, at tiie Town or Factory, and upon the River of Canton, " and by fuch other Perfon and Perfons as Ihail from Time to Time be efpecially "•' deputed and authorized Icn- that Purpofe by the Court of Diredors of the faid Company for the Time being, in the Name of the laid Company." Sect. .\XXVL "' That no Perfon now bting in the Eall Indies, or other Parts within the Limits of the Company's exclufive Trade, and who iliall not have. had Nouce Liivcn to him by the Order and Authority of the faid Court of Di- redors, or by the Governor General and Council of Fort William, or the Governoi or Prefident and Ctmncil of Fort St. George or Bombay, btfore the pafling of diis Act, to remove or withdraw himlelt from the faid Parts and i.iiiuts, fliall before tlie Firll Day of January One thoafand feven hundred and tiglity-eight be liable to be arreiled, feized, or brought to England, under the Authority of this Ad, on account of his goino- to, trading, tralficking, reliding, or being found in the Eait Indies, or Parts aforcfaid, without Licence or other lav/ful Authority in that Behalf, to the Intent that every fuch Perfon may have reafuiiable lime to fettle and adjuH his private Affairs; any Thing in this Ad or in any other Act contained to the contrary notvvithllanding: Provided alfo, that it Ihall and may be lawful to and for th; Governor General and Council "of it afl Indies, vvlicther with or without a Licence, who fliall not have Notice given thcni by Order or Authoi Ity of the Court of Directors, or by the Governor General and Council, &c. hefore the pafiing of the Act of the 26th G. 3. c. 57. to remove or withdraw themfelves from the f:iid Parts or Limits, is by that Acl fulpended and reltraiiicd until ihe Firit Day of January 17SS ; but -after that Period the Governor General in Clonncil may order any unlicenfed Perfons rifiding within the Limits of this Government to be arreltcd and fent Home to Kngland. Nor do I apprehend th;;t any Notice whatever is by Law' requifite to be given to Perfons who never have been in the Service of the Com- pany in the Eafi Indies, nor ever were liccnfed by them to refide within the Limits of their exchifive Trade ; but that fach Perfons may be legally feized and arrcflcd by the Order of the Governor General in Council in the Firft Inflance. How far and in what Cafes it may be fit or expedient to cxcrcife that Power in its utmoff. Rigour, it is not my Province to confider. Your Lordlhips Wifdom and Humanity will ever didtate to you the filteft Steps that can be taken to fecure and guard the Rights of the Company with the kaR poifible Severity or Injury to Individuals. But with refpe£t to Perfons who fliall have ceafed to be employed in the Service of the Company, or wiiole Licences fhall have expired, it is neceflary that Notice fhould be given to them to depart by a certain j-'eriod, as it is only in cafe of their being found within the Limits ol the Company's txciufive Trade after fuch Time as'jhalibe allowed hy th:; Go-vernor ami Council of the rcfpcilive PrtfiJencies in India, ivhcrcin fuch Perfon or Perfons Jhal I be found, that they are to be deemed and taken to be fubjeft to all the Provifiuns, Regulations, Penalri(.'.% and Forfeitures aforefaid. But as no Time is prclcribed by the Act which Perfons, who fhall have ceafed to be employed in the Service of the ("ompany, or whofe Licences fhall have expired, "fliall be allowed lor their Departure, the fixing that Tin^.e muft in every Cafe be in the Difcretion of the feveral Governors and Councils of the refpective Prefidencies. With refpeft to the Third Clafs, the fame Law which fubjects them to be fent Home allows them Twelve Months afier Couviftion to remove themfelves to England, provided they give lufficient Security that they will remove themfelves in -that Period; but uniefs they give fuch fufficient Security, they are liable im- inediatelv after Convjctiou to be fent to England by the Order of the Governor General in Council. In all the foregoing Cafes, if it fhould be necelTary to arreft and feize any Perfon, in order to his being fent to England, and no Ship fhould happen to be on the Point of Difpatch at the Time of fuch Arrelf, I Ihould think it would be better to'-accept Security from the Party fo arrefted, that he will remove himfelf by the Conveyance deitined tor him, or by a given Time, if he can give a fufficient Secu- rity for the Purpofe, and is willing fo to do, than to keej) him in a State cf Coniinc- ment until he can be fhipped. But in Cafes where the Party cannot give fuch Security, or where for other Reafons it may be thought neceflary to keep him in Prifon until he can be embarked, I apprehend that the Governor General in Council may order him to be kept confined in his own Houfe, or hi Fort Wil- liam, or in any fit and wholefome Place of fafe Cuflody which, by the Order of Council, may be appointed for him ; but I do not conceive it can be neceifary to commit any Peribn to the Common Jail, who may be arretted merely for the Pur- pofe of being fent Home, though that woulJ certainly be the proper Place of Confinement for Perfons whom it was intended to try before the Supreme Court for having come to the Eaft Indies, or having refided there without the Company's Licence; which Offence, as well as all other Offences againfl the before-recited Laws, is, by the 26th of G.3. c. 27. made triable before that Court. I have the Honour to inclofe herewith Two different Forms of Notice, to be ufed with Perfons of the feveral Clall'es before defcribed, and a Form of a War- rant or Order for arreiling unlicenfed Perfons, or thofe whofe Licences have expired, and who, having rendered due Notice, have neglected to remove them- felves out of thefe Provinces. I have, &c. Fort William, (Signed) L H. Davies, .i7ih July 1787. Advocate Gen'. 14 REGULATIONS RELATING TO FORM of a Notice to be given to Perfons whofe Licences have expired, or who have refigned or been difmifl'ed froni the Service of the United Company. To A.B. Sir, I'he Time for which you was liceofed to remain in the Eafl Indies being expired (or you having religned or having been dilmifled from the Service of the Ea(l India Company), I am direded by the Right Honourable the Governor General in Council to inform you, and you are hereby required to take Notice, that the Honourable the Governor General in Council has been pleafed to allow you Time, until the Day of next, to prepare tor your Departure for England, after which Period you will not be allowed to remain within the Limits of the Company's exclufive Trade. By Order of the Right Honourable tlie Governor General in Council. (Signed) C. D. Fort William, Secretarj'. Dated 178 . N. B. This Form, mutatis mutandis, will do. FORM of Notice to be given to Perfons convified of Offences under the Statute 13th of G. 3. To A.B. Take Notice, I'hat you are required, on or before the Day of next, to give fufficient Security, to the Satisfaftion of the Right Ho- nourable the Governor General in Council, that you will, within Twelve Months from the Day of laft (being the Day of your Conviftion of fuch an Offence) remove yourfelf from the Prefidency of Fort William, and proceed with all convenient Speed to depart beyond the Limits of the Company's exclufive Trade. By Order of the Ri_ght Honourable the Governor General in Council, (Signed) C. D. Fort William, Secretary. Dated 178 . FORM of a Warrant or Order for arreftmg Britifli Subjeds, refiding inthefe Provinces without the Licence of the Eall India Company. To A. B. &c. Sir, C. D., Britilh Subjed, Hccnfed by the Eaft India Company to refide in the Eall Indies, or (as the Cafe may be) heretofore liccnfed by the Eaft India Com- pany, but whofe Licence has expired, and who having received due Notice to remove himfelf out of thefe Provinces by the day of laft paft, has neglefted fo to do, being now refident at in the Province of I am dircQed by the Governor General in Council to order and command you to arreit and fecure the Perfon of the faid C. D. and him fafely to deliver into the Charge of at in order that he may be there detained in fafe Cullody, until fuch Time as he can be put on board fome one of the Honourable Company's Ships bound for Europe, or until he fliall give fatisfadory Security for tranfporting himfelf beyond the Limits of the Com- pany's Charter, with all convenient Speed j and for lo doing this will be your Warrant. By Order of the Governor General in Council, (Signed) E. FL Fort William, Secretary, &c. Dated •' Ordered, EAST INDIA AFFAIRS. 25 Ordered, That a Copy of the Advocate General's Letter, and Its Inclofures, be forwarded to the Court of Diredors by the Britannia, and tliat the Oj)iiii(jn fug- pcRed in it be noticed in the general Letter, as the Ground upon which ilic Governor General in Council means to proceed with regard to ihe difl'erent Claffea of European Britilh Subjects in ihefe Provinces. Ordered alfo, That the Advocate General's Opinion be entered in a feparate Book, to be ready for immediate Reference. Extract of Public Letter from Bengal, dated 29th January 1788. Para. 23. We forward to you a Number in the Packet, Copy of u Letter from the Advocate General, containing a connedtetl Summary of the various Laws which have been enaded for reftraining Britifh Suhjefts not in His Majelty's or the Company's Service, nor licenfed by the Coinpany, from refiding within the Limits of the Company's Charter, with his Opinion as to the Mode of legally and efltftually exercifing the Power vefled in Government, for compelling thofe who are not deemed tit Objefts to remain in India to return to Great Britain. 24. We beg Leave to tranfmit this Opinion to you, as it contains the Grounds upon which we fliall hereafter think it necelVary to proceed, with regard to the diilerent Clafles of European Britifli Subjeds in thefe Provinces. Extrad of Public Letter to Bengal, dated 8th April 1789. Letter from, dated 29th January \ lyt^S (2.3,24) Laws icipeaiiig > Para. 54. Will be replied to hereafter. uiiliceiilcd Poifons. J EXTRACT BENGAL PUBLIC CONSULTATIONS, 25th June 1788. The following Draft, or General Inftruclions, to the Coinmanders of the Com- pany's Ships, are fubmitted for Approval, after having been altered, fo as to be made conformable to the Company's Orders, per Ranger : Captain , commanding the Honourable Company's Ship . Sir, We have received the Packets (Boxes) for this Government, which were com- mitted to your Charge by the Honourable Court of Directors, and fhall now proceed to furnilh you with Indruc^ions for your Guidance vvhilfh you remain in this River, or during the Time that you are fubjed to our Orders. That we may be perfedly apprized of the State of the Ship under your Com- mand, with refpect to the Olhcers and Crew, and that we may be enabled to af- certain with Accuracy the Number and Delcription of Europeans that come to India, whether licenfed by the Htmourable Company or otherwife, we require you, as foon as your Ship has come to her Moorings, to prepare and tranfmit to us a complete Lilt of the Pafl'engers and Crew, (attefted by your fworn OfEcers) fpecifying each Perfon of the latter Defcription who comes out, and will continue the Voyage with you, with an Account of the Cafualties that happened in the courfe of it, and each PalFenger, either for our Prefidency or any other, flating fuch as may have been left at any Port where the Ship may have touched. You will alio forward to us, monthly, during your Stay here. Lifts or Returns of your Ship's Company and Accounts of Cafualties, and a Journal of your Proceedings on board, and on your Difpatch for Europe you \\ill furnifh us with a complete Lift of the Pcrfons proceeding to Europe with you, comprehending your Ship's Company, Paffengers, and their Servants. Many Inconveniences, and great LoiTes having been fuftained by the Company in confequence of ihe great Encouragement which has been heretotore given to (163.) G Deferters^ iS REGULATIONS RELATING TO Deferters, we pofitively forbid you to entertain or permit to be received on board }'our Ship, any European, either in the Capacity ot Seaman or o'herwile, until he fhall have been examined by the Town Major, and it (hall have been certified by him that fuch European doth not belong to the Company's Service. From the Period of your Arrival at Diamond Point you will confider yourfelf under the Orders of our Board of Trade, in all Matters, which refpect the unloading and loading of your Ship, and will accordingly pay implicit Obedience to fuch Directions as you fnall from Time to Time be furnilhed v.iih from that Board or the Public Officers acting under its Authority. The Manifefl of Private Trade, which made a Part of the Honourable Com- pany's Difpatches, has been forwarded to Mi'. Macau, our Cuftom Mafter ; under his Infpedion or his Deputy's you will caufe all Articles of this Dtfcription to be landed at the Cuftom-Houle Gaut, but no where elfe ; and you will attend to fuch. Requifitions as he fhall make to you regarding the Payment of eftablilhed Duties according to exilting Regulations. We defire that you will tranimit to us, in order to their being forwarded to the Honourable Court of Directors, Copies of all Charts and Plans in your Pofreflion, and Extracts of Journals containing any Circumftances concerning the Navigation of the Indian Seas, that are not generally known, and that you will endeavour to collect, during your Stay here, fuch ?lans and Charts as you may deem of public Utility, and tending to the Improvement ot Navigation ; thefe are to be delivered" to us previous to your Departure for Europe, or to be conveyed to the Court of Directors by yourfeif. Many Difficulties having of late Years been experienced from the Want of a fixed Regulation for difpatching the Honourable Company's Ships homevard- bound, we have determined and fhall invariably adhere to the following Rule; that the Difpatch of each Ship for Europe fliall be regulated conformably to the Commencement of her Demurrage, which is calculated according to the Terms of Charter-party, to begin from Four Months after the Arrival of any Ship at the firft deilined Port in India. The Exportation of Gold and' Silver Specie from Bengal having greatly preju- diced the Public Revenue, we have refolveJ to prevent it in future, and have accordingly ordered our Secretary, not to regifter any,, or to grant Orders for the Receipt of either on board the Company's Ship;'., or thofe of Private Merchants trading to any Ports of India; and we pofitively and flrictly enjoin you not to receive or permit any Gold or Silver to be received onboard the S.'iip under your Command, unlefs it be in fmall Sums required for occafional Diiburfements on the Voyage, for which an efpecial Pafs fhall be granted on particular Application in Writing to that Effect. You will acknowledge the Receipt of thefe Orders, and of whatever Orders or Regulations we may have Occafion to communicate to you during your Continuance in iJengal. We are, kc. Fort William, 25th June 1788. Approved the above Orders to the Commanders of the Company's Ships. The following Draft ot Inftruftions to the Mailer Attendant upon the Difpatch of the Company's Ships to Europe, corrected lb as to conform to the Orders received per Ranger, being approved, is now entered. Mr. Cudbert Thornhill, Mafter Attendant. Sir, The Difpatch of the Honourable Company's Ship being put under the Direction of Mr. ' you are to accompany him to Culpee for that Purpofe, and obferve the following Directions : Upon your Arrival on board, you are to fee the Ship's Company muflered before you, and to take a Survey of the Guns, Ammunition, &c. and if flie has not her Charter* EAST INDIA AFFAIRS. 47 Charter-party Number of each, you muft protefl: againft the Commander ; that is to lay, 99 Men and a Boy j 26 Guns ; 2^ Barrels of Powder; 30 Round of Shot, with Ammuniiion ; ^rms in proportion. You are, conjointly with Mr. , to take an cxatT: Acrount of the Quantity of Powder which is on board for the Ship's Ule ; and if there fiiould b« lefs than 2,S Barrels in the Magazine, you are, ji intly with Mr. , to proteft againft the Captain for any Damage or Lofs which may iiccrue to the fald Ship and Cargo, from fucli a Breach of the Terms of Charter-party ; one Copy of which, properly figned, fealed, and attelted, you are to inclofe under Cover to the Secretary at the India Houfe ; and another you are to deliver to the Board, oa your Return to the Prefidency. You are likcwife to make a Survey of the Ship's Draught of Water ; and in cafe {he draws above 20 Feet 6 Inches upon an even Keel, you arc hereby directed to trke out as much Private Trade as will bring the Ship to that Draught ; but if that cannot be done without detaining her too long; you mull proteft againft the Commander, la cafe the Ship appears lumbered, and not in a Condition to make a good Defence againft an Enemy, you are to proteft againft the Captain for all bad Confec]uences. Of the Iranfaftions you will furnifli Mr. with the Particulars, who will then deliver to the Captain his final Difpatch. You are alio carefully to mufter every Paffcnger of every Denomination on board the Ship, and to require the ConnnanJer to produce to you an Order for their proceeding to Europe ; and if it fliali appear to you that there is any Pafll-nger on board without our Authority, or any Perfon muftered on the Ship's Books whom you have Reafon to fuppofe is not adually one of the Ship's Company, but adopts that Method of returning to England, with an Intention of evading the Company's Orders refpeding unlicenfed Perfons, in either Cal'e you are to notice, in the Lift of Pafl'engers, (which you v>/ill deliver to Mr. to be forv/arded to t!ie Secretary at the India Houfe), the Names of fuch Paflengera whom you ftiall difcover on board without proper Orders for proceeding to Europe. We arc. Sec. Read again the 184th, 185th, i86th, and i.S7th Paragraphs of the Company's General Letter, dated 31ft July 1787. The Secretary -begs Leave to record the following Letter from Meflrs. Price and Thornhill, whom he was du-ected to confult on the Subject of thefe Orders from the Court of Directors : Edward Hay Efquire, Secretary to Government. Sir, We have received and confidered the Contents of your Oflicial Letter addrefted' to us on the Sth Inftant, as well as the Intentions of the Honourable Company, exprcffed in the Four feveral Paragraphs, Nos. 184, 185, 186, and 187, extracted from the General Letter of the 31ft July 1787, and forwarded to us in that Letter, with the Orders of the Right Honourable the Governor General in Council thereon, and give it as our Opinion, that the beft Mode which can be adopted ia future to carry into Execution the Intentions of the firft, and the Orders of the laft, will be for ihem to authorize the Mafter Attendant to fend on boai'd of every one of the Pilot Veflxls going out to cruize in Balalbre Road, Letters ready printed, made up and addreifed in the Form and Manner No. i. The Orders to the Pilot fliould be entered in the Order Book of the Mafter Attendant's Office, and. couched ia the following Manner, fet forth in Paper No. 2. From c5 REGULATIONS RELATING TO From fuch Returns and Lifts of the Paflengers authorized to come from Europe, on the Company's Ships being fent from the Secretary to the Mafter Attendant's Office, fonie tolerable and accurate Account might be formed of all Perfons who may import into this River on the Europe Ships not authorized fo to do by the Company ; but until fome fuch Regulation has been adopted at the other Pre- fidencies, and all Mafters and Owners of Country Veffels fliall be compelled to account for the Europeans they bring into and take away from every Englifli Settlement in India, including China, Interlopers will find their Way into Bengal, and Deferters the ^Vay out of it. We remain, &c. Fort ■William, (Signed) J.Price. Kjtll April 178S. CUDBERT ThORNHILL. No. I . To Captain of the Ship Sir, I am direded by the Right Honourable the Governor General in Council, to furnifh all the Honourable Company's Pilots with blank Letters of this Sort, one of which is to be prefented to the Mafter or Commander of every Ship or Veflel who may be in want of a Pilot to condufl his Ship or Veflel into the River of Bengal ; and I am further directed to inform the faid Mafter or Commander of every fuch Ship or VefTel, that he is hereby ordered to tranfmit to the Mafter Attendant, by the firft Opportunity after the Pilot comes on board to take Charge of his Ship or Velfel, a correft Lift of all the Europeans at that Time on board the Veflel, whether borne on the Ship's Books or Paflengers ; if the latter, then an Account of what Port in Europe or in India they came on board will be expefted. The Names may be entered in the Margin of this Letter, or enclofed in it on a feparate Paper, but until fuch Lift is received at the Mafter Attendant's Office, figned by the Captain or Commanding Officer of the Ship when the Pilot firft tool: Charge, no Part of the Cargo of the Ship or Pallengers Baggage will be permitted to be landed. By Order of the Right Honourable the Governor General in Council. No. 2. To Mr. Pilot, and in Command of the Honourable Company's Schooner or Pilot Veflel. Sir, With this you have delivered to you blank Letters, direfted to Cudbert Thorn- hill Efq. Mafter Attendant, without, but addrefl^ed on the Infide to the Mafter or Commander of any Englifh or other Veflel which may apply to you for a Pilot to conduct his Ship or Velfel into the River of Bengal, One Copy of which you will deliver yourfelf, or caufe to be delivered by the Officer whom you may fend to condutit the Veflel into the River, to the Commanding Officer on board, defiring him to comply with the Contents, fill up the Blanks, and forward the Letter as direded by the firft Chokey Boat or other fafe Conveyance which may come on board. The Perfon who may bring a VeflTel into the River from which no fuch Letter {hall be received in due Time at the Bankftiall, will not be permitted to adt or have his Pilotage till figned, until he explains in a Manner fatisfaftory to the Mafter Attendant how it came to pafs that no fuch Letter was lent up in the Chokey Boat. I am, &c. Refolved that the following Advertifement be publiflied in the Gazette. The Governor General in Council having thought fit to pafs fome Orders for better afcertaining the Number and Defcription of Britifli Subjei^s who come to Bengal, whether with or without Licence granted by proper Authority, his Lord- fhip'has been pleaied to direcl that they Ihould be couuiiunicattd to the Public ia the following Notice. That EAST INDIA AFFAIRS. 29 That the ^ader Attendant will f'urnifli all Pilots or Maflers In charge of the Pilot Vcffols cruizing or ordered to cruize in Balaforc Roads, with printed blank Letters addreffed according to No. I. hereunto annexed, to the Coininander of any Ship or Vefill under Englilh Colours, that may require to Le piloted into this River, and with the Orders eontaiued in No. II. which are alio annexed to this Advertifeincnt. That a Book will be kept in the Mafler Attendant's Office for the Regiftryof all Lifts of Europeans directed to be forwarded to him, and that Copies of the Lifts will be laid before Government as they are received. That the Cultoni Mader will relufe Permiflion to the landing of any Cargo from any Ships or Veffels, the Commanders of which are required 10 furniib fuch Lifts, until he receives a Copy of them from the Mailer Attti'dant, and that he will refufe Permiilion to the landing of any Cargo belonging to the Captains or Officers of fuch Ships or Veft'els, or of any Baggage belonging to Patfengers that have come in them, except the Cargo or Baggage of Peribns named in thole Lifts. Public Notice is alfo given that the Governor General in Council, with a View to the Good of the Police of this Town, and to prevent as much as poflible in future ;iny Riots and Dilorders which might aril'c as heretofore from the Irregu- larities of Sailors belonging to the Ships importing into this River, and fron\ vagrant Europeans who ftay in the Country without any Licence or Permiflloa whatever, is pleafed to refolvc : That all Commanders of Ships, Five Days before clearing out at the Cuftoni Iloufe, (hall deliver in at the Police Office a Lift of the European Seamen they carry away with them ; and if on comparing the Lift given on the Arrival of the Ship with that given on its Departure, the latter fhall be found deficient of the original Complement, the Con:m:mders ftiall deliver at the Police Office an Account to the beft of their Knowledge ol what is become of the Seamen deficient ; which Account, before the fame fliall be delivered, fliall be verified by an Oath taken before One of His Majefty's Juftices of the Peace of the Town of Calcutta. That it be notified here and in Europe, that if any Commanders of Ships under any Flag whatfoever, Ihall give a Paffage to any Britifh Subject: not in the Com- pany's Service, and not regularly liccnfed to continue here, either as Palfi;ngers or as Seamen on board the faid Ships, they fhall be obliged to take back fuch Perfons on their being fent on board by an Order of Council, and (hall fign an Agreement, with a fufiicient Penalty to this Eftedl before their Goods fliall be per- mitted to be landed, and a Certificate from the Secretary fhall be ftiewn to the Cuftom Mafter of their Attention to it, in any Cafes thatrnay have occurred, before they Ihall obtain a Port Clearance. i'hat all Commanders of Ships fhall, on their firft Arrival, and at the fame Time that they deliver in a Lift of their Crews, enter into Bond not to fuifer any of their Crews to come on Shore with Daggers, Knives, Dirks, Bludgeons, or other ofienfive Weapons, at any Tinte of the Day or Night. Publifhed by Order of the Governor General in Council.. To Captain of the Ship » No. L Sir, In confequence of Orders which I have received from the Governor General in Council, I have furnifhed the Commanders of all the Company's Pilot VefTels with blank Letters, of which this is one, to be prefenied to the Mafter or Corn- mander of every Ship or Veflel under Englilli Colours, that may want a Pilot to conduct it into the Bengal River. You are hereby required to deliver to the Pilot when he goes on board, a cor- rect Lift of all Europeans in your Ship or VefTel, whether they be Palfengers or borne on its Books. If they are Palfengers you v ill note from what Port in Europe or in India they have refpeftively come, and if thofe Pafiengers are Briiifh Subjects, or Perfons intending to refide under the Britifh Flag, you will acquaint them that on their Arrival in Calcutta, they are to repair immediately to the Mafter Attendant, that their Names may be regiftered in a Book kept for that ii^Z'^ H Purpofej 30 REGULATIONS RELATING TO Purpofe ; and you will acqiialnt them, that if they fail In attending duly to this Requifition, and have not Leave given by proper Authority in England, to pro- ceed to and remain in Bengal, they will be ordered back to the Place from whence they came, and refufed Permiflion to remain in this Countiy. The Names of the Paffengers or Europeans borne in your Books may be en- tered in the Margin of this Letter, or written on a feparate Paper enclofedin it; but in either Cafe the Lid muftbe dehvered to the Pilot, who will forward it to Calcutta ; and until this Lift is received under your Signature, or that of the Of- ficer com.manding on board when the Pilot takes charge, no Part of the Cargo of your Ships or Veilels, or of the Baggage of your Pafl'engers, will be permitted to be landed. 1 am, Sir, Your moft obedient Servant, (Signed) Mafter Attendant, No. II. To Mr. Pilot and in Command of the Honourable Company's Schooner or Pilot Veffel Sir, I tranfmit to you, with this, blank Letters direci:ed on the Outfide to the Matter or Commander of any Ship or Veffel under Englifli Colours which is to be piloted by your Sloop or Schooner into the Bengal River. You v/ill deliver one of thefe Letters yourfelf to the Commanding Officer on board, or you will caufe it to be delivered by the Officer you may fend to bring the Veflel in, and the Command- ing Officer you fend to comply w ith the Contents of the Letter after the Blank in the Dircflion has been filled with the Name of fuch Commanding Officer and the Name of fuch Ship or Veffel. Having received the Lift of Paffengers and Europeans on board, as required by the Letter, you will tranfmit it to the Mafter Attendant by the Chokey Boat. If you fail in due Obedience to thefe Orders, you will not be permitted to aft longer as Pilot, nor will your Pilotage Bill be figned unlefs you fhould explain to the Mafter Attendant fatisfa£toriIy, that the Omiffion was not owing to any Fault in you. If the Commanding Officer fhould refufe to fign the Lift, you will fend written or verbal Notice thereof to the Mafter Attendant by the earliefl Opportunity. I am, Sir, Your moft obedient Servant, (Signed) Mafter Attendant. EXTRACT BENGAL PUBLIC CONSULTATIONS, 28th June 1788. Read a Letter from the Commander of the Kent. No XII ^y Lord, I take the earlieft Opportunity of informing your Lordfhip, that being in want of People in the Downs, I ftiippcd a Man there who called himfelf a Seaman, and had the Appearance of one, but who was difcovered foon after our faihng to be Mr. Lee Lewis, Comedian. I am, with great Refped, &c. Kent Indiaman, Bahifore Road, (Signed) RlCH° HardinGE. the iSdi July 1788. As Mr. Lee Lewis has come to Bengal without the Licence of the Company, and their Orders require that i'erfons under that Defciiption fliouli return to Eng- land, the Secretary is diredcd to acquaint Mr. Lewis, that he muft engage to go b;i(;k in the Ship in which he came, and promife not to refort to a Foreign Settle- ment, or evade Compliance wiih this Order by any other Means. Capt^an Har- dinge is likewife to be acquainted, that he is required to take back Mr. Lee Lewis le Keat, £:£tra(^ dmge in the EAST INDIA AFFAIRS. 3i Extra<^ of Public Letter from Bengal, dated Cth November 178?. Para. 299. Mr. Lee Lewis the Comedian having entered himfelf on board the Kent in the Downs, under the Appearance and in the Capacity of a Seaman, Captain Hardiiigc on bis Arrival in Bengal reported the Circunidance to us, we deemed it ucccll'ary, in compliance with your Orders, in rcfpcct to unliccnf'cd Perfons, to exact an Engagement from Mr. Lewis, that he would return to Europe with Captain Hardingc, and from the latter that he would take him back in liis bhip. Our Requifitions were immediately afll-utcd to on the partoi both. (Separate.) To the Honourable the Court of Direftors for Affairs of the Honourable United Com;)any cf Merchants of England trading to the Ea(l Indies, at their Houfe in Leadenhall Street, London. Honourable Sirs, Para. i. Tht; many Evils and Abufes exifling in the Town of Calcutta, for .which no fuitable Remedy can be provided under ilie Powers which this Govern- ment, either folcly or in conjunction with the Supreme Court of Judicature, pof- felfts, requiring the Interpofuion of the Britifli Legifljlurc, we are induced to folicit yriur Application to His Majefty's P.Iiniiters and to the Parliament, for the Purpoie of obtaining a Delegation of more ample Powers to enable us, with the Concurrence and Approbation of the Supreme Court of Judicature, to reform the exilting Evils, and to make Laws and Ordinances tor their Prevention and Suppn fiion in future. 2. It is proper to inform you, that as a preliminary Step to this Application, •we have held feveial Conferences with His Majefty's Judges, whole Advice and Afllllance we have availed ourfelves of, withrefpccl both to the Application gene- rally, and to the Terms in which it is now made. 3. The very populous State of Calcutta, the Capital of your PoffelTions in Bengal, is well known to you. The Inhabitants coniifl: of a Variety of Sefts and Countries, comprizing Natives of every Pai t of Europe, Portugueze Chriftians born in Afia, Armenians, Greeks, Parfecs, Mahomedans, and Hindoos, and at particular Seafons the Number is greatly increafed by the Arrival of Veilcls be- longing to Foreign States, or Individuals of Europe, Afia, and America. 4. At prefent there is no legal Police for this Town : the Funclions of that Office are difcharged by Two Perfons under the Title of Superintendants of the Police ; and the abfokite NecelTity of an FJtabldhment of this Nature has com- pelled us to continue it j but the Oihcers afting witliout any legal Sanction or Authority, are not only amenable to the Supreme Court of Judicature, but punilhable by it tor every Exercife of Power, however juft and proper in itftlf, and however eiT^ntial to the Safety of the Inhabitants and Security of their Property. 5. The original Eflablifliment of this Court may be traced to the old Jurifdiciion of the Zemindarry Cutcherry, which exercifed a Power of hearing and deciding fummarily Cauies both ot a Civil and Criminal Nature ; thefe Functions are now, under certain Limitations, exercifed by the Officers of the Police, in a Mode not conlonant to the Laws of England, and only juftiliable upon the Principles of abfolute Necelhty. 6. This Neceifity arifes from Two Caufes : 7. Firft, From the Imall Number of Magifirates who under the prefent Laws are able to exercife a Legal Authority in Calcutta, and are on this Account inade- quate to hearing and deciding the numerous Complaints which daily call for their Interpofirion. 8. There is but one Court of Criminal Jurifdidion in Calcutta which exercifes its Functions, and that only at two Seafons of the Year, It is true, that the Go- vernor General and Members of the Supreme Council are empowered to hold Quarterly Sefiions, but the Variety of their important Occupations not only pre- cludes the Exercife of this Power, but renders it impcMlibie tor them to dilcharge their Functions of Jullices of the Peace : this Duty is therdore Iblcly performed by His 32 REGULATIONS RELATING TO HisMajefty's Judges, and is an Encroachment upon their Time, and an Accumo- lation of Labour to their Duties in the Supreme Court of Judicature, from which they ought in Reafon to be exempted, uhilft, ufter all, the Power of a Juftice of the Peace folely is inadequate to the Correction of Evils exiRing. 9. Secondly, The Incompetency of the Court of Requefts to difcharge the Duties required of it. ID. This Incompetency arifes from the following Circumftances : 1 1, The Limitation which reflrifts the Cognizance of Caufes in this Court to Suits only for a Sum not exceeding 40s. or 20 Rupees ; iz. And the Iinperfccllon of the Inftituiion. The Members compofing this Court are felected from the junior Servants of the Company, mod of whom hold other Offices, and, receiving no Pay or Salary for their Trouble and Attendance, have little Inducement to undertake the laborious Duties of this Couit, or to dif- charge them with the Affiduity required. In fa£l, we may affirm, without any Rtflcdion upon the Members now compofing it, that the Iiiltitution has never been treated as cither ferious or iii:iportaut. 13. An Attention to the Evils which we have flated, fuggefts an obvious and natural Remedy, perfedly confonanl with the Laws and Conftitution of England, the Increafeot the Number of Magiflrates on one Hand, and the Extenfion and Emendation of the Inflitution of the Court of Requeds on the other. If the former be adopted, Courts of Criminal Jurifdiction may be oftener held, and the Inierpofition of the legal Powers of a Judice of the Peace may take place daily and regularly, to the Advantage of the Community in general. If the latter be complied with, and competent Salaries be allowed to the Members of the Court of Requeds, the Inhabitants in general will have eafy Accefs to Judice in Caufes of trifling Value, without being burthciied with the Expcnce of Suits in the Su- preme Court of Judicature ; and ihefc Two Points being edablilhed, the Police of the Town will be gradually and fcnfibly improved. 14. The Sum to which we would propofe to limit the Power of didributinj; Juflice in the Court of Requeds is 100 Sicca Rupees, and perhaps the Legiflature might not think it proper to entrud the Decifion of C^ieliions refpecling greater Demands to Perfons whofe Services can be obtained in this Country for moderate Salaries ; yet we think it is to be wifhed, that Caufes of fmall Value, though ex- ceeding the Sum we have mentioned, could be tried with lefs Trouble and Ex- pence to the Parties than mud be incurred by a Suit at Law in the ordinary Forms ; and the Judges of the Supreme Court, concurring with us in this Opinion, have declared their Readinefs to eftablifn, if they fliall be thereto empowered by Par* liament, a fummary Mode of Trial for Debts, and fome Species of Contrads and Civil Injuries, where the Demand does not exceed 300 Sicca Rupees, nearly fimilar to what is called Trial by Civil Bill by the Judices of Affize in Ireland. It is propofed that fuch Caufes be tried and determined by One of the Judges of the Supreme Court, each of whom fliall in his Turn, according to fuch Rotation, on fuch Days and at fuch Seafons as ftiall from Time to Time be fettled by Order of the Supreme Court, hold a Court for the Trial of Adions by Civil Bill. As the Supreme Court of Judicature now fits during the greated Part of the Year,- it may probably be found convenient that the Court for Trial by Civil Bill fliould be fometimes held when the Supreme Court is alfo fitting : but when the Prefence of all die Judges is not thought neceflary, it will therefore be proper to declare, that it (hall be lawful for the Judge whole Turn it (hall be, to hear and determine Trials by Civil Bill, at any Time when he fliall be required fo to do by Order of the Supreme Court, although the faid Supreme Court fliould at the fame Time be fitting. 15. The Powers given by the Statute of the 13th of G.lll. c.63. to the Governor General and Council of making Rules, Ordinances, and Regulations for the good Government of the Town of Calcutta, with the Concurrence of the Judges of the Supreme Court of Judicature, is inapplicable to the Propofitions vhich we recom- meiKr; and we find an equal Dilliculiy in availing ourfelves of them to form any Bye-Law for the Regulation of the PoUce of the Town, under the redrii^tive Claufe, that it fliall not be rciiugnant to the Laws of the Realm. To give Efficacy to futh a Regulation under the CircuniiUaces itated, the Ofliccr or Ollicers of the ■EAST INDIA AFFAIRS. 33 »flic Police muft be Invcfled •with a dircrctionary Power of fiimmary Dccifion ; fuc h a Power is rcpiij^miiiu to the Laws ami to tlie Dilcgation of fucli Power, unlcfs hy Autiiority ot Parliament, Another ()l)jettion arifes, that a ISye-I/aw propofec! on this Principle has once been rejeikd by His Majefly. The Propofals now oiFered are irec from this ()l)jedion; and altiioiif^h Dmihis fhould be entertained of tlicii Efficacy for the Piirpol'es wanted, tliey have fliil tiiis obvious Advantage, that they propofe the Kffablifhment of a legal Power where none already cxifts, and fo far u confiderable Advantage is gained. 16. With relpe(t to Juflices of Peace, we beg Leave to fugpefl that the Appointment of ihcm fliould reft with the Governor General in Council, and our Intention is, that tliey fhould be feicded from tiie Servants of the Company and j)rincipal Inhabitants of Calcutta, of the mod re(j)eclable Charader for Aliiiities and Integrity. We conceive that many Objedlioils occur to their Nomination in England. If they fliould be lent out willi Ajjpoiiitments of Jiiftice-s of the Peace, Salaries muft be given to them ; and il a|)pointed in England from the Rtfidenti in India, an Objedion arifes from the Dilllculty of forming at that Diftancc a true Judgement of the Charadter of Individuals in this (Jountry, and tiicir Competency for the Office of Juftices. This muft be beft known to the G(jvernment here, whoarealfo acquainted with the Bufmefs of the Hritifh Subjeds refiding in Cal- cutta. We are iikcwife of opinion, that the Appointments flioukl be annual only, lor the Company's Servants in Calcutta are generally liable to a Change of Rcli- dcnce from their Nomination to diftant Stations. 17. There is an Abufe of fo great Magnitude cxifling In and about this Prc- • fidency, and f(j j)ernicious in its Conlequences to Society, and more par:ieuiar!y to the Difciplineof your Army, that we deem it neceffary to ftate it for your more .dircd Information, that fuch Authorities as we have now defircd, or fomc otiier exprefs Powers may be obtained for the Corredion of it. The Evil we allude to is the great Number of lloufes in which Spirituous Liquors, and particularly that Species of it known by the Name of " Country Arrack," is retailed, to the Injury of tiie Morals and the Health of the People. By the Mahommedan and Hindoo Laws the Ufe of this Liquor is prohibited. It docs not, however, appear that any Power of fufficient Efficacy exifts for the Suppreflion of this Abufe, for although the Judges of His Majefty's Court wtuild cheerfully join with us in pafliiig a Bye Law for that Purpofe, the Powers inflituted by fuch an Ad of Authority would not prove fufficient, and could go no farther than to authorize Prolecutions iigainft the Venders of the Liquors, a Mode of Procefs too tedious and expenfive for the Government, which in that C'afc muft Hand forth as Prof'ecutor, to under- take the Suits. Confidering this Point as moft effential to the due Regulation of the Police of the Natives, we are anxious to obtain Power.-; for regulating and licenfing lloufes, wiierc Liquor fhall l)e fold in Retail-, and for fuppreiimg them by Authority, under Penalties to be levied by Diftrefs and Sale. We conceive* that no material Objedion can arife to this Prop(jiition wlicn tiie Circumftances on which it is founded are confidercd ; and this is one of the chief Objeds w«i have in view in defiring an Exicnflon of our Power to make Bye-Laws. 18. The Neceility of appointing a Coroner for the 'I'own ot Calcutta and tli9 Limits thereof, with fuch legal and judicial Powers as are txerciled by Corontr* in the rcfpedive Counties in England, is alio apparent ; and it may be couvenient to provide, thai the Office of Coroner of Calcutta Ihall not be iucompaiible with that of a Juftice of the Peace. 19. Another Point which wc deem neceflary to mention, relates to the Limita of Calcutta. There is great Didiculty in tracing the old Limits of the Town j and the Defcription of them, as given by Individuals, or as afcertained by tho Jlccords, is fubject to Doubts which render the Limits uncertain. Wc think it would be advifeable to fix the Boundaries anew, fo as to comprehend a Number of new Edifices, which properly form a Part of the Town of Calcutta, but coiw cerning which Doubts have of late Years been nude, whether the Ground on which they ffand be within the Limits of the Town, and the Jarildidioa of tha Supreme Court or not. 20. W^c wilh, therefore, that the Boundaries, as far as they can be clearly ■dvfcribed by Metes and Marks now vifiblc, ftiuuld be afcertained aiiU declared (163.) 1 by 34 REG.ULATION3 RELATING TO fcy Parfiameiit ; aiid tliat in. one Piaeej v/hcYe we think z fmaH AMin^on to the Jixtent of the Town necefiary, in order to ifvclude the General Hofpital, the A6t of PariiameTit Ihould empovver us, wifli the Approbation of tlic Supreme Court, to define and fix the Lifidts by fuch vifible Metes aiid llrounds. 2 1 . Tlie Defci'iption which we propofe to you to feave infertcd in the A& of Parliament is as follows ; s-a. Ihat the Town of Calcutta be bounded on tlie Nortfe ^-de thereof by a Line commencing at a Point on the Weft Side of the River Houghley, exa-c\ly oppofite to the Mouth of the Brook called Chitpoor NuHa, or Bajig Bazar Nulla ; vhich Line being drawn acrofs the River from the a(orefaid Point to tlw Mouth of the faid Brook or Nulla, (hall be comini.'ed to the Eaftuard along the North Side of tb^ faid Nulla to the North Knd of the Bridge called Chitooor Bridn;e, sod fo on Eaftward along the faid Nulla and the Marhatla Entrenchment, tiJl the faid Entrenchment turns towards the South. 23. That the Boundary or the faid Town, on the Eafl: Side thereof, be a Line which fliall be drawn along the faid Marhatta Entrenchment, and the Road adjoin- ing to the fame, fo far as the Remains of the faid Entrenchment are vifible by the Side of the faid Road leadino: towards the South, and which fhall then be con- tinued to the Southward along the faid Road, leading on the Weft Side thereof, ?,Rd (hereby including within the Limits of Calcutta the Proteftant Burying Ground, Chowringhee, and the Lands thereto belonging, as well as the Land formerly belonging to Henry Vanfittart Efquire, Prefident of Fort William, and fo ftill con- tinuea to the Southvvard, until the faid Road tarns towards the Weft, leaving Areopokin on the South Eaft, and begins to lead towards Chucker Burr. 24. That the Boundary of the faid 'J'own, on the South Side thereof, be a Line drawn A¥eftward along the faid laft-mentloned Road, from tl-e Place where it turns towards the Weft, to the North-Weft Corner of the Grounds called Chucker Burr, and then continued Weftward with a little Inclination to the Southj till fuch Line meets the Govindpore Nullah, otherwife called Tolley's Nullah, the faid Line to be fo drawn as to include the General Hofpital within the Liniits of Calcutta, and to exclude the Temple of K-^ly at Kalygaut and the adjoining Hamlet ; and that the faid Boundary Line be further continued along the faid Nullah, until it enters the River, and then from Eaft to Weft directly acrofs the River to a Point on the Weft Side thereof, exaftly oppofite to the Mouth of I'olley's Nullah before mentioned. 25. And Laftl)', that the Weftern Boundary of the faid Town fliall be the High Water Mark on the Weft Side of the River. 26. The great Number of Foreign Ships and Veffel? which come to thii Port, v.'ould render it difficult for the Judges of the Supreme Couit or the other Ma- giftrates of the Town, to exercife fuch a Controul as is neceflary for the due Prefer- vation of Peace, unlefs the 'Crews of fuch Ships and Veftels by this Defcription of the Jurifdiction of the Magiftracy be declared to be within that Jurifdiftion. 27. We ])ropofe that the foregoing Defcription be in general enaOied by Par- liament ; but that, to prevent any poftible Inaccuracy in a Mcafiue of fuch Confe- quence, we ftould be empowered to afcertain and fix by an Ordinance the Boundaries in any Part where the foregoing Defcription Ihall be found vague and uncertain, and particularly to form and eftablilh by fome vifible Mefcs and Bounds the Line which is to be drawn from the North Weft Point of Chucker Burr to Toliey's Nuilah, fo as to include the General Hofpital. 28. The Judges of the Supreme Court have fuggefted a NecefRty for malciiig conlidcrablc Alterations in the Admiralty Jurifdiclion granted to the Court by His Majefty's Charter of 1774, the Terms in which that Jurifdiction is conveyed having rendered the Exercife of it of little Service. We fhall firft explain the Defeds wliich we think require Corredlion, and tlien fuggeft the Means which occur, to us for that Purpofe. 29. The Charter exprcifes that the Sirpremc Court of Judicature fiiall be a Court of Admiralty for the Provinces of Bengal, Bahar, and Oriffi, and all other 'J'crritories and Iflands adjacent thereto, and which are or ought to be depjendant thereon for the Trial of Civil and Maritime Caules within the Ebbing ami Flowing of the Tide and High Water Mark^ through I'he Pi'oviaces and Iflands above defcribed, EAST INDIA AFFAIl^S. zs tlcforibcd, in the fartic Mantyer as the Admiralty Jurifdidion is e\'crcifcd in that Part of Great Britain called Eri'gknd. ^o. By tlie fame Chartet- a Orminal Jurifdi^Tiioii is granted, empowering the CoW to try allTreafons, Murders, Piracies, Rol'>beries and other Olfcnces com- mitted within the fame Limits; and by a ProvPfo this Admiralty Jurifdiction is iiirthcr limited to extend mpa]w, under his or their Signs Manual, his or their Difapprobation and Difaliowance of all fuch Rules, Ordinances, and Regulations; and that from and immediaifly after the Time fuch Difapprobation fliall be duly regiltered and publhhed in ihe faid Supreme Court of Judicature at Fort William in Bengal, all luch Rules, Ordinances, and Regulations ihall be null and void ; but in cafe His Majtiiy, His Heirs and Succcfi'ors, (hall not within the Space of Two Years from the making of fuch Rules, Ordinances, and Reguiadons, fignifv his or their Difapprobation or Difaliowance thereof as aforefaid, that then and in that Cafe all fuch Rules, Ordinances, and Regulations fliail be valid and effectual, and have full Force. " And for the better and more perfeft carrying into EfFe'51 fuch Ordinance or Ordinances as fliall from Time to Time be made by the Authority of the faid Governor General in Council, with the Confenr of the faid Supreme Court of Ju- dicatuie, in Manner aforefaid, and for the more perfcci: Prefervation of the Peace in the Town of Calcutta aforefaid ; be it further enabled by the Authority afore- faid, That it (hall and may be lawful to and for the faid Governor General in. Council, in and by any fuch Ordinance as aforefaid, to create and conftitute fub- ordiuale Magilirates for the hearing, determining, and punifhing of all fuch Breaches of the Peace, Petty Larcenies, Mifdemeanours, and other Olfenccs as atorefaid, and all fuch Breaches or Non-obfervance of the faid Ordinance or Ordi- nances as to the faid Governor General in Council (hall appear neceffary or expe- dient for enforcing the lame ; provided that nothing herein or in any fuch Ordi- nance contained fhall exclude the faid Supreme Court of Judicature from the Rio-ht of hearing, tiding, and determining any fuch Oiienccs as are now fubject to their Cognizance, or any other Otience which the faid Governor General in Council fliall or may think fit, by any fuch Ordinance or Ordinances, to fubmit to the Cognizance of the faid Supreme Court. ■ " And be it further enacted by the Authority aforefaid, That the faid fubordinate Magiflrates fliall hear, determine, and punifh fuch Breaches of the Peace, Petty Larcenit^s, Mifdemeanours, and other Olfences and Breaches or Non-obfervance of the faid Ordinance or Ordinances as aforefaid, in fuch Manner as by the faid Ordinance or Ordinances fhall be direfted and prefcribed ; and it fhall and may be lawful to and for the faid Governor General hi Council, in fuch Ordinance or Ordinances fo to be made as aforefaid, to create and conftitute fuch a Number of Miiiillerial Officers for guarding and watching the faid Town of Calcutta, and apprcheuaing Offenders againll the Peace, Vagabonds, and diforderly Perfcns, as to the faid Governor General in Council fhall appear neceflary or expedient, which faid Minifterial OfEcers fhall poflefs and exercife fuch Power and Authority for the Purpoles aforefaid as fhall or may be given to them refpeclively by fuch Ordinance or Ordiiancey, and no other; and further, that all inch Offices of fubordinate Magiftracy, and fuch Mmifterial Offices, fhall be held and exercifed by fuch Peifoiis as Ciall be appoinicd to fill the fame by the laid Governor General 40 REGULATIONS RELATING TO General in Council, in whom, by the faid Ordinances, fuch Appointments fliall be veiled. " And be it further enaded by the Authority aforefaid, That it fliall and may be lawful to and for the faid Governor General in Council annually and every Year, on the Fiift Day of or within Days then next enfuing, by an Order in Council to nominate and appoint from amongft the Civil Servants of the faid United Company, and other the principal Britifli Inha- bitants of the Town of Calcutta, Perfons, who fliall be Jullices of the Peace of the City and Town of Calcutta, and the Factory of Fort WiUiam, and the Limits thereof, for the Space of One Year, commencing from the faid Firft Day of , which faid Perfons fo nominated and appointed as aforefaid fliall have full Power and Authority to act as Jullices of the Peace for ihe faid City and Town of Calcutta, or Factory of Fort William, and the Limits thereof, and to do all fuch Things within the faid Limits as appertain to the Office of a Juliice of the Peace in England ; and in cafe it fliall happen that any of the faid Perl'ons who fliall be fo appointed Juflices of the Peace as aforefaid, Ihall happen to die, or to depart, or to be removed from Fort William as aforefaid, durinfT their C'lntinuance in the faid Office, then that it fliall and mav be lawful to and for the faid Governor General in Council, and he is hereby required, as often as the fame fliall happen, by the like Order in Council to nominate and appoint from amongil the Civil Servants of the faid United Company, or principal Britifli Inhabitants of the Cily or Town of Calcutta, fome other Perfon to be a Jufl;ice of the Peace in the Place or Stead of the Perfon fo dying or departing, or being removed from Fort William aforefaid, who fliall hold and exercife the faid Office until the Expiration of the Year for which the Perfon fo dying or depart- ing, or being removed from Calcutta as aforel'aicl, fliall have been nominated and appointed, with as full Power and Authority as the faid Perfon fo dying or departing, or being removed from Calcutta, could have held and exercifed the £iid Office. " And whereas by the A3: of the Thirteenth Year of His prefent Majert.y the Governor General in Council of the Settlement of Fort William are authorized and empowered to hold Quarter Sefllons within the faid Settlement : " And whereas it would be convenient rhat the feveral Perfons fo as aforefaid to be appointed Juflices of the Peace for the faid Settlement fliould have the like Power and Authority ; it is therefore further enaSed by the Authority aforefaid. That fo much of the iaid Ad as authorizes and empowers the Governor General and Council to hold Quarter Seffions within the faid Settlement be repealed, and the. fame is hereby repealed ; and it is hereby further enafled, that the Go'vernor General in Council, and the feveral Councillors of the Prcfidency of Fort William, and the feveral Perfons fo as aforefaid to be appointed Juflices of the Peace for the faid City or Town and Faftory, and the Limits thereof, or any Three of them, fliuU be authorized and empowered, and the fame are hereby authorized and em- powered to hold Quarter Sefiions within the laid City or Town and Fattory, Four 'Pimes in every Year, and that the fame iliall be at all Times a Court of Record. " And whereas it is expedient that there fliould be a Coroner for the City or Town of Calcutta and Factory of Fort William aforefaid, and the Limits thereof, legally authorized to exercife fuch Powers as appertain to the Oilice of Coroner in the rcfpedive Counties in England ; be it therefore enacted by the Authority aforefaid, That from and after the Day of there fliall be a Coroner for the City or Town of Calcutta, and the Fadory of Fort William, and the Limits thereof, which faid Coroner fliall from 'i'imc to Time, and when and fo often as ihe faid Oflice fliall be vacant, be nominated and appointed by the Governor General in Council, by an Order in Council, and fliall and may have and exeicile fuch legal and judicial Powers as are exercifed by the Coroners in the rtfpedive Counties in England. " And be it further euaded by the Authority aforefaid, That the Perfon or Perfons holding or cxerciflng the laid Oflice of Coroner fliall alfo be capable of holding, and be competent to be appointed to the Oflice of Juftice of the Peace for the laid City or Towa of Calcutta and Fattory of Fort Williajn, and the •j Limits EAST INDIA AFFAIRS. 41 Limits thereof. In cafe he (hall be thereunto appointed by the faid Governor General in Council. " And whereas many Diforders have arifen, and the mofl: pernicious Effcds are daily felt in the faid City or Town of Calcutta, from the unreflrained Sale of Spirituous Liquors, and paiticularly of that Sort known by the Name of Country Arrack, which is retailed in a great Number of Iloufcs within the Limits of the City or Town of Calcutta and Factory of Fort William aforefaiil, and the Limits thereof; be it therefore enadled by the Authority aforefaid, '1 hat it fliould and may be lawful to and for the Governor General in Council of Fort \A/^illiam afore- faid, by and with the Confent of the Supreme Court of Judicature at Fort William aforefaid, to be given in the Manner aforefaid, to make and ifiue from Time to Time fuch Ordinance and Ordinances for retraining the Sale of Spirituous Liquors, and for licenfing the Perfons by whom the fame fhall be allowed to be retailed within the Limits ol the City or Town of Calcutta and Factory of Fort William aforefaid, and tor impofing, intlicting, and levying Fines and Forfeitures on the Perfons oll'ending againfl; fuch Ordinance and Ordinances, as (hail by the faid Governor General in Council be found neceHary, requifite, or moft efleclual for reltraining the faid Evil ; and in cafe that any Perfon or Perr(ms duly con- victed of any Offence or Offences againd the faid Ordinances (hall refufe or be unable to pay fuch Fine as (liail or iTiay be impofed on him or them, then and in that Cafe it (hall and may be lawful for the Magillrate or Magidrates, or (.Officer or Officers, by or before whom fuch Convidion or Convictions diall be had, to inflift upon fuch Offender or Offenders, in lieu of fuch Fine or Fines, luch cor- poral Punirtiment or Impiifonment as in his or their Difcretion (hall appear juff and reafonabie, provided that fuch corporal Punidiment (hall not extend to l.ife or Limb, nor fuch Imprifoninent be for any longer Time than the Space of Six Months. " iVnd whereas a great Difiiculty has been found in tracing the ancient Limits of the City or Town of Calcutta, and Doubts have of late Years been made, whether certain Edifices which properly form a Part of the prefent Town of Calcutta, and are comprehended within the Limits of the fame, as defcribed and declared by a certain Rule, Ordinance, and Reguladon, entitled, " A Rule, Ordinance, and " Regulation for the good Order and Civil Government of the United Company's " Settlement at Fort William in Bengal," (land within the ancient Limits of the faid City or Town, or not: And whereas it is of great Importance that the faid Boundary (hould be clearly defined, afcertained, and defcribed, that no Doubt may be in future entertained refpecfiirg the Places to which the Jurifdiction of the faid Rule or Ordinance, or of any Rules or Ordinances hereafter to be made, may be legally extended ; be it therefore enaded by the Authority aforefaid. That the City or Town of Calcutta (hall extend to and be bounded by the feveral Lines, Limits, and Boundaries following ; that is to fay, '1 hat the faid City or Town of Calcutta (hall be bounded on the North Side thereof by a Line commencing at a Point on the Weft Side of the River Houghley, exactly oppofite to the M-uih of the Brook called Chitpoor Nullah, or Bang Bazar Nullah, wliich Line being drawn acrofs the River from the aforefaid Point to the Mouih of the (aid Bro k or Nullah, (liall be continued to the Eailward along the North Side of the faid Nullah, to the North End of the Bridge called Chitpoor Bridge, and fo on Eail- ward along the faid Nullah and the Marhatta Entrenchment till the faid Entrench- ment turns towards the South : " That the Boundary of the faid Town on the Eaft Side thereof be a Line which fhall be drawn along the faid Marhatta Entrenchment and Road adjoining to the fame, fo far as the Remains of the faid Entrenchment are vifible, by the bide of the faid Road leadh^g towards the South, and which Line (hall then be con- tinued to the Southward along the faid Road, leaving on the Weft bide therecf, and diereby including within the Limits of Calcutta theProteftant Burying-g:our.d Chouringhte, and the Lands thereunto belonging, as well as the Lands lormer.y belonging to Henry Vanfittart Efquire, Prefident of Fort William, and to ftill continue to the Southward until the iaid Road turns towards the Weft, leavino- Arrcapukur on the Souili Side, and begins to lead towards Chucker Burr : {i<^3-) E " Th^t 44 REGULATIONS RELATING TO " That the Boundary of the faid Town on the South Side thereof be a Line drawn Weflward along the faid lall-mentioned Road from the Place where it turns towards the Wefl: to the North-weft Corner of the Grounds called Chucker Burr, and then continued to the Weliward with a little Inclination to the South, till fuch Line meets the Gorindpore Nuilah, otherwife called Tolley's Nullah, the faid Line to be now drawn as to include the General Hofpital wirhin tho Limits of Calcutta, and to exclude the Temple of Kaly at Kalyghaut, and the adjoining Hamlet, and that the faid Boundary Line be further continued along the faid Nullah until it enters the River, and then from Eaft to Weit directly acrols the River to a Point on the Weft Side thereof exaftly oppofite to the Mouth of Tolley's Nullah before mentioned: " And laftly, The Weftern Boundary of the faid Town (hall be the High-water Mark on the Weft Side of the River. " And whereas at prefent there are no vifible Metes and Bounds by which the Boundary Line to be drawn from the North-weft Point of Chuci-.er Burr to Tol- ley's Nullah, fo as to include the General Hofpital, can be publicly and generally known : " And whereas it is expedient and neceffary that the Boundaries of the Town of Calcutta {hould be fo marked as to be not')rious and eafy to be diftinguillied ; be it therefore enacted, That it fliall and may be lawful to and for the Governor General in Council, by an Ordinance to be made and ifl'ued with the Confent of the faid Supreme Court of Judicature, in the Manner herein-before prefcribed, to afcertain and fix, by forae public, open, and vifible Metes and Marks, the faid Boundary Line, which is to be and Ihall be drawn from the faid North-weft Point of Chucker Burr to Tolley's Nullah, and alfo to fix and afcertain any other Part or Parts of the Limits or Boundary Line oi the faid Ciiy or Town of Calcutta, in any and every Cafe where it dial! or may be found that the foregoing Defcription is not fufficiently clear and definite : " And whereas His late Majelly King George the Second did, by His Letters Patent bearing Date at WeftiiiinlLer the I'vventy-eighth Day of January in the Twenty-fixth Year of His Reign, grant to the faid United Company His Royal Charter, thereby, amongft other Things, conftituting and eftabliihing a Court of Requefts at the faid United Company's Settlement of Fort William in Bengal, f jr the Recovery of Small Debts, not exceeding the Sum of Twenty current Rupees : And whereas, from the limited Jurildiclion of the faid Court of Requelts, and from the Expence attending the prolecuting for Debts in the Supreme Court of Judicature, many Creditors for fmall Sums, exceeding Twenty Rupees, find it better to forego their Debts than to fue for the fame in the faid Sipreme Court; and many Perfons indebted in fmall Sums, exceeding the faid Sum of Twenty Rupees and not exceeding Three hundred Rupees, have been greatly vexed and opprefled by being fued in the faid Supreme Court ior the laid Debts : And whereas it will tend greatly to the Furtherance of Juftice that the faid Supreme Court fliali be authorized and empowered to eitablifh a more fummary. expeditious, and lefs expenfive Mode of Trial for Debts, and certain other Caufes of Aftion hereafter fet forth, when the Damages laid Hiall not exceed the Sum of Lhree hundred Rupees, than the Form of Trial at prdent eftablilhed in the faid Su- preme Court ; and alio that the faid Court of Requefts fhould be empowered to hold Cognizance of Actions for Debts and Contracts when the Caul'e of Adtion fliall not exceed the Sum of One hundred Sicca Rupees, and of Actions for other Civil Injuries herein after fet forth when the Damages Ihall be laid at a Sum not exceeding One hundred Rupees : " Be It therefore enafled by the Authority aforefaid, Thar it fliall be lawful for the Judges of the faid Supreme Court, or any or cither of them, to deter- mine in a lummary Way, by Englifh Bill or Paper Petition in England, all Difputcs between Paity and Party, where the Defendant or Defendants fliall be fubject to the Juriidiction of the laid Supreme Court, for any Sum not exceeding I'hree hundred Sicca Rupees, in Actions of Debt, Aflumpfit, and Infimul Computaffet, and Trover, (Quantum Meruit, or for Goods, lo as the Title of Lands be not drawn in queftion, and alio in A(flions of Alfault, of Battery, of falle Impiifonnicnt, cr of Slander, in which the Plaintift" fliall clioofe to lay his Damages EAST INDIA AFFAIRS. 45 Damages at any Sum not exceeding Three hundred Sicca Rupew, in which Proceeding the Defendant fliall • the Benefit of all Matters in his Defence that • Sic Oiig, he might have had if he had been fued in the ordinary Forms of Common Lav/, or in Kquity ; and each and every of the faid Judges, feverally and refpeclively in his Turn, according to fucii Rotation, on fuch Days and at fuch Scafons as fhall from Time to Time be fettled by the Judges of the Supreme Court, is and are required fo to do, and to decree Execution thereupon, or to difrnifs fuch Bill with Cods againfi the Body or Goods of the Parties againft whom they (hall give fuch Decree or Difmillal, as alfo Interefl thereupon in all Cafes wherein Equity and Interelt ought to be decreed ; and it fliall be lawful for the Judge vvhofeTurn it fliall be to hear and determine Trials by Englifh Bill, to hear and determine the fame, at any Time when he fhall be required lb to do by the faid Supreme Court, although the laid Supreme Court fliould at the fame Time be fitting. •' And it fhall be lawful to and for the faid Judges of the faid Supreme Court of Judicature, or either ot them, to iffue a Procels under the Mands of the faid Judges, or either of them, or his or their Clerk, wherein fhall be expreffed the Plaintiffs and Defendants Names and Caufe of Action, and the Day and Place of Appearance, which Proccfs fliall be made returnable at the Direftion of the faid Judges or fonie or one of them, and fo no Caufe fhall be heard or Decree pronounced upon fuch Petition or Englifh Bill, until it fhall be proved in open Court upon Oath, by fome.Perfon that is of the Age of Sixteen Years and up- wards, and can read Inch Procefs, that the Defendant was perlonally iervod with fuch Procefs Six Days inclufive before the Firlt Day given for the Appearance of the Defendant, by fhewing the Defendant the original Proccfs and ferving hint with a Copy thereof; and in cafe the Defendant cannot be met with, by fhewing the original Procefs to and leaving a Copy of the fame with the Detcndjut's Wife, Son, Daughter or menial Servant, being of the Age of Sixteen Years, at the Defendant's ufual Place of Abode, the lame being within the faid Juiifdiclion ; and if the Defendant do not appear after Service of fuch Procefs, in fuch Manner and proved upon Oath as aforelaid, it fhall be lawful for the faiJ Judges, or any or either of them in open Court, to determine the faid Caufe, upon Examination of credible Witneffes in open Court ; and in cafe of Debt or Contratt by Writing, the faid Judges may determine upon Examination as aforefaid, or by Affidavit in Writing made before the faid Judges or any or cither of them, to prove the Perfedion of the faid Deed, Bill, Bond or Contraft, and to prove their Hands fubfcribed to the fame, and to decree for the Plaintiff or difmil's the Bill or Pedtion as fhall feem juft, and ilfue Executions returnable for Recovery of all Sums de- creed, and Cofts, as are herein-afer mentioned, to be directed to the faid Sheriff of (.Calcutta, againit the Body or Goods of the Defendant in cafe of a Decree, and againfi the Body and Goods of the Plaintiff in cafe of a Difmilfal, which the Sheriff to whom the fame fliall be direfted fhall execute, in like iManner as any Execution ilfued out of the faid Supreme Court, and fuch Sheriff ihall grant a fp.cial Warrant when demanded by the Plaintiff, at the Peril of fuch Plaintiff taking One Ru;iee and no more for the fame ; and the faid Judges may inflict fuch Puniihment on the faid Sheriff for his Contempt, Negligence or Milhehaviour therein, as the faid Supreme Court can or may do for any Contempt, Negligence or Miibehaviour in executing Procefs iffued out of the faid Supreme Court ; and if the Plamtiff fliall not tile his Bill within Twenty-four Hours after the Return of die Pr cefs, or fliall not proceed in his Caufe when required by the Court, after ferving the Defendant with Procefs to appear as aforefaid, the faid Judges or any or either of them, upon Oath made that the Defendant was ferved on the Plaintiff's Behalf with fuch Procefs, fliall difniiis the faid Defendant, and decree iiim fuch Cofts as herein-after appointed, and iffue Execution for Recovery thereof as aforefaid ; and when the faid Procefs fliall be returned, in any Term or Sittings after any Term, and fuch Term or Sittings fhall continue Four Days after the Return of the Procefs, fuch Judges upon Application made on the Fourth Day after the Return of the Procefs, or on any fubiequent Day durmg fuch Term or Sittings, flwll oblige the Plaintiff to proceed in fuch Caufe, and in Default of his fo doing, fhall uifaiifs the Bill for Want of Profecuiion, and awai'd the Defendant his Colts. " And ^4 REGULATIONS RELATING TO •• And every Perfon who fhall be ferved with a Procefs to teftify concerning any Caufe commenced by fuch Procefs as aforefaid, and depending before the Judges of the faid Supreme Court, and fliall at the fame Time have his reafonable Cofls, to be determined by fuch Judge or Juftices, for fuch Attendance tendered unto him, fhall be obliged to appear and give his Teflimony, or in Default thereof fhall forfeit to the Party grieved for every fuch OfFence fuch Sums not exceeding as by the Direclion of the Judges who fliall iiiue fuch Procefs fhall be reafonably awarded, according to the Lofs that the Party who procured the faid Procefs (hall fuftain by the Reafon of the Non-appearance of the faid Witnefs, to be recovered by the Party fo aggrieved againft the Offenders, before the faid Judges or one of them, in fuch Manner as in other Caufes before mentioned, and (hall befides be fubjeft to fuch Fine and Imprifonment as the faid Judges or any of them fliall in their Difcretion think fit to inflift as a Punifliment for his Contempt of the faid Procefs. " And be it further enafled by the Authority aforefaid. That the Court held by the faid Judges for determining the fiid Caufes in a fummary Way by Enghfh Bill or Petition as aforefaid, fhall be a Court of Record ; and in cafe any Perfon who fhall be examined on Oath before any Judge by virtue of the Aft fhall com- mit artful Perjury, and be thereof duly convidled, fuch Perfon Ihall be fet in the Pillory for One Ifour and an half, his Ears cut off and nailed thereto, or iuffer fuch other corpora! Punifliment at the Difcretion of the faid Supreme Court as by any Law or Statute in being may be inflicted tor the Oifence of wilful Perjury in England. " And be it further enafled. That the faid Judges of the faid Supreme Court fliall, within the Space of Months after the Publication of this Act in Bengal aforefaid, fettle a Table of Fees to be allowed to fuch Sheriff and to all others the Officers, Clerks, Advocates and Attornits of the fad Supreme Court, for all and every Part of the Bufmcfs to be done by them refpeftiveiy in any Suit by EngHfli Bill that fl:ail or may be commenced, profecuted or ddermined by the faid Judges or any or either of them, purfuant to this Ad ; v hich Fees, when approved by the Governor General in Council, who is hereby authorized to approve the fame, the faid Sheriff and other Oflicers fliail and may be lawfully demanded, and receive fuch Fees as fhtsll be allowed by the faid Table, and no more : And the faid Supreme Court fhall be at Liberty and fhall at all Times have full Power and Authority, with the like Concurrence of the faid Governor General in Council, from Time to Time to vary the faid Table of Fees as they Ihall fee Occafion. " And be it further enacted by the Authority aforefaid. That the faid Chief Juftice and the faid Juflicts, and each of them refpedively, within One Month from the faid Settling and Allowance cf the faid Table of Fees, do certify under their fcveral Hands and Seals, and do tranhnit to His Majelty, His Heirs and Succelfors, a full and true Account of the feveral OlTices and Places and Oflicers and Clerks, and of their Salaries feverally and refpeclively, and a true Copy of the faid Table of Fees, together with the Approbation of the faid Governor General in Council, and alfo any Variaticn of the faid Table to be made as aforefaid, within One Month after the fame fhall have been fo varied. " And be it further enacted, That the faid Table and the faid Alteration and Vari itions thereof, if any Alteration or Variation Ihall be made, fliail be hung up in fome confpicuous Part of the Hall or Place where the faid Supreme Couit of Judicature at Fort Vv'illiam in Bengal fliail be publicly holden, or where the laid Court for Trial of Caufes by Enghfli Bill as aforefaid fliali be hold. a, " And if any Sheriff of Calcutta Ihall fufier any Perfon taken in Execution by virtue of fuch Decree or DifniiiLl to make his Kfcape, be (hall be liable to the Payment of the Debt and Damages in fuch Decree mentioned, to be recovered before the Judges < f the faid Court, or any or either of them, in fuch Manner as in other Caufes before mentioned. " And if any Decree or Diliniffal obtained from the Judges of the faid Supreme Court or either of them be not executed before the next Term, it fliail be lawful for the Plaintiff in fuch Decree or Delendant in fuch Difmiffal, or their Executors or Adminiflraiors, to renew the fame in cither of the Two next following Terms, the EAST INDIA AFFAIRS. 45 the PliiintifTor Dcrcndants firfl niakinj^' Oatli or giving reafonable Saiisfacl'on to the fail! Ji!c]jr'.s that they have received 110 Pan thereof, or if any Part be received, then to renew tlic lame for tlie Sum rtmaiuing due on fuch Decree or Difminal, uhich Oiders of Renewal may in iii-cc Manner be Irom Time to Time renewed, till the Money decreed be fully jj^id, paying therefore to the Attorney for drawing up the fume, and to each Judge lor figning, and to the Judge's Clerk for entcr'n,;, fucli Fees as by the faid 'I'able of l-ees fo to be ffttlcd as aforefaid flull be fixed for the fame, and no more ; and the Book wherein the faid Caufes are rcgifkrcd ihali be depofited by the Clerks of the faid Judges at the end of each T'jrin and Sittings, in the Hands of the Proihonotary of tiie faid Court, to be ready produced to fuel) of the faid Judges as fliall by futh Rotatini or otherwife be fitting in the faid Court for'l'iial by J'.nglilTi Bill, in order to make out Renewals of Decrees if Occafion ihM be ; And that no Perf./n fhall be admitted to praftife as an Advocate or Attorney before any Judge of the faid Supreme Court, in the Recovery of any of the faid Small Debts, but Fcrfons adnitted Advocates or At'ornies in he faid Supreme Court, and Handing upon the Rolls of the Advocates or Attornies of the faid C ourt ; and that no Judges, Clerk or Regifler of the Englifti Bill fliuU beaiimitted to praciife in tl.e faiti Supreme Court, as Attorney for any Plaintiff or Deftndant in any Suit bv I'.nglifli Jiill, purfuant to this Bill, in his own or in any other Man's Name ; and if any Perfon fliall oflend herein, he fliall forfeit for every fuch OHence Sicca Rupees to be recovered by fuch Perfon who will iue for the lame by Adion of Debt, ^c. in the faid Supreme Court, in which no Efl'oign Ihall be in more than One Imparlance. " And be it further enabled by the Authority aforefaid, That no Decree fliall be made by virtue of any Warrant of Attorney to confefs Judgment on any Bond entered into for the Payment of a Sum determinable by this Act, unlefs Procefs be fiicd on the Perfon lo bound, as in other Cafes is directed, and in every fuch Cafe the Defendant Ihall have the Benefit of every Defence he could have either in Law or Equity. " And in cafe any Sheriff fliall negleft to pay over the Sum depofited with him by virtue of this or the faid former Ad, or fhall refufe or neglect to pay over any Smii levied by virtue of any Execution of fuch Decree or Difmiflion. to the Perfons entitled thereto, or to fuch Perfons as by them fhall be authorized to receive the fame upon Demand made, fuch Sheriff" fo offending fliall forfeit to the Party aggrieved double the Sum depofited with or received by fuch Sheriff, with legal Interefl for the fame from the Time of fuch Demand, to be recovered by Civil Bill before the faid Judges or either of them, in like Manner as other Sums are made recoverable by this prefent A6t. " And no Decree fhall be renewed more than Twice, without ferving Procefs thereon, unlefs the Party obtaining fuch Decree fhall by Affidavit make it appear to the faid Judges or fonie or one of them, that he hath ufed his utmofl Endea- vours to have the faid Decree executed. " And be it further enaded by the Authority aforefaid. That from and after the Publication of this Ad in Bengal aforefaid, it fliall and may be lawful to and for the faid Court of Requefts, to receive, hear and determine all Difputes between Party and Party arifing within the Town of Calcutta, for any Sum not exceeding One hundred Sicca Rupees, in Adion of Debtor of Contrad, Trover, Trcfpafs, or Detinue for Goods, fo that the Title of Lands be not drawn into Oueflion, and alfo in Adions of Affiiuhs and Battery, of falfe Imprifonment or of Slander, in which the Plaintiff fhall choofe to lay his Damages in any Sum not exceeding Ten Sicca Rupees. " And whereas the Members compofing the faid Court of Requefls are at prefent feleded from the junior Servants of the faid L^iiited Company, mofl of whom, holding other Offices under the faid United Company, are unable to difcharge the Duties of the faid Court, or are put to great Trouble, Labour and Incon- venience in difcharging the flime, without receiving any Salary or Conipenfatioa whatfoever for fuch their Labours and Attendance : " And whereas it would greatly contribute to the Difpatch of Bufinefs and the Furtherance of Juftice in the faid Court, that the Judges of the faid Court fhould (163.) M be j^6 REGULATIONS RELATING TO be compofed of Perfons duly qualified for the Difcharge of a Judicial Office, and not engaged in or liolding any Office or Employment v/hatfoever, and who fhall receive competent Salaries for the Difcharge of their Duties in the faid Court of Requefts : Be it therefore enafted by the Authority aforefaid, That it fliall and may be huvful to and for the faid Governor General in Council to nominate and appoint Two Perfons to be Commiffioners of the faid Court of Requefts, and to fix fuch annual Salaries for the Maintenance, Support and Reward of the faid Commiflloners as the faid Governor General in Council fliall judge fit and rea- fonable, which faid Commiffioners fliall hold their faid Offices during their good Behaviour, and fliall have and exercife the fame Power, Authority and Juriidic- tion as the Comm.iffioners appointed or chofen by virtue of the faid Charter could or might lawfully exercife ; and the faid Commiflloners fo to be appointed by the faid Governor General in Council during the Time they continue in the faid Office, fliall hold and exercife no other Office or Employment whatfoever. " And be it further enacted, by the Authority aforefaid. That fo much of the faid Charter of Jufl:ice granted by His faid late Majefliy, in the Twenty-fixth Year of His Reign, as refpetts or relates to the Appointment of Commiflloners of the faid Court of Requefts at Fort William aforefaid, fnall immediately from and after the Nomination and Appointment of Commiffioners by the Governor General in Council, under or by virtue of this Aft, ceafe, determine and be void to all Intents and Purpofes : Provided always, and be it further enafted, by the Autho- rity aforefaid, That the faid Court of Quarter Seffions, and the Court of Requefts, as the fame are hereby conflituted, and all Juftices, Sheriffs, Coroners and other ]\Iagiftrates appointed or to be appointed, either by virtue of the Charter of His late Majefty King George the Second, made in the Twenty-fixth Year of His Reign, or of the Charter of His prefent Majefty King George the Third, made in the Thirteenth Year of His Reign, or by virtue of any other Charter, or in con- fe^uence of this Act, fhall be and the fame are hereby declai'cd to be fubjedt to the Oi'der and Controul of the Supreme Court of Judicature at Fort William in Bengal, in fuch Sort, Manner and Form as by the faid Charter of the prefent King made in the Thirteenth Year of His Majefty's Reign, the Court of Quarter Seffions and Court of Requefts therein m.entioned, and the Juftices, Sheriffs and other Magiftrates are made fubjed to the Order and Controul of the faid Supreme Court. " And whereas it is highly neceflary to the Purpofes of Juftice that a Court of Admiralty fhould be eftablifhed at Calcutta, with full Power and Authority to try all Murders, Piracies, Felonies, Crimes, Trefpafles and MifJemeanours com- mitted and done upon the high Seas, between the Streights of Magellan arid the Cape of Good Hope, within the Limits of the faid United Company's Trade, and alfo to hear and determine all Caufes, Civil and Maritime, arifing within the fame Limits, the Cognizance whereof does belong to the Jurifdiction of the Admiralty, as the fame is ufed and exercifed in that Part of Great Britain called England : " And whereas the Powers and Authorities given by the faid Charter to pro- ceed in Maritime Caufes and according to the Laws of the Admii-alty, are limited to try fuch Ofl'cnces only as are coinmitrcd and fuch Caufes, Civil and ivlarititne, as arifc in or upon the Sea or public Rivers, Ports, Creeks, Harbours and Places overflown within the Jobbing and Flowing of the Sea and High-water Mark, v/ichin, about and throughout the IVovinces of Bengal, Baharand Orifl'a, and the 'J erritories or Tflands adjacent thereto and dependant thereupon, and extend only to the Subjects of His Majefty who refide hi the Kingdoms or Provinces of Bengal, Bahar and Oriffa, or f micof theui, a'ld to Perfons who were the Caufe of Suit or Complaint, are employed by or are then directly or indirectly in the Service of the faid United Conip;uiy, or of any of His Majefty's Subjects : Be it therefore further enacted, by the Authority aforefaid, that the faid Supreme Court of Judicature at Fort William in Bengal fhall be a Court of Admiralty in and for the faid Pro- vince?, Countries or Diltricts of Bengal, Bahur and Orilfa, and all Seas, Territories and Ill.mds between the Streights of Magellan and the Cape of Good Hope, within the Limits of the faid United Company's Trade. « And EAST INDIA AFFAIRS. 47 " And be It further enafted by the Authority aforcfaid, That the faid Supreme Court of judicature at Fort William in Ikiigal AmII have full Power and Authority to take Cognizaii':e of, hear, exatuine. try and dtterniine all CauTc-s, Civil and Mariiimc, and all I'leas of Contrads, Debts, Exchange of Policieb of Iiifurance,, Accounts, Charter-parties, Agreemenis, Loading of Sliips, and all Maitcis and Com ra£ls which in any Manner wliatfoever relate to Freight or Money due foi' Siiips hired and let out, Tranfport Money, Maritime Ufury or Bottomry, or to Extortions, Trefpaffes, Injuries Complaints, Demands and Matters, Civil and Maritime, wliatfoevLT, between Merchant Owners and Proprietors of Ships em- ployed or ufed within the Jurifdidion aforefaid or between others contracted, done, had or comincr.ced in, upon or by the high Seas or public Rivers or Ports, Creeks, Harbours and Places overflown, within the Ebbmg and Flowing of the Sea and High-water >/Iark, within, about and throughout all the Territories, Countries, Diftricls, lilands, i'laces and I'orts whatfoevcr, between the Streights of Magellan and the Cape of Good Hope, within the Limits of the faid United Company's Trade, the Cognizance whereof doth belong to the Jurifdiclion of the Admiralty, as the fame is ufcd and exercifed in that I'art of Great Britain called F'-ngland, together with all and fmgular their Incidents, Emergents and De- pendances, annexed and connected Canfes whatfoever, and to proceed fummarily therein with all poflrble Difpatch, according to the Courfe of the Admiralty of that Part of Great Britain called England, without the ftricl Formalities of Law, confidering only the Truth of the Fact and Equity of the Cafe, " And be it further enafted by the Authority aforeiaid, That the faid Supreme Court of Judicature at Fort William aforefaid (hall have full Power and i.'\uihority to inquire, hear, try, exainine and determine by the Oaths of honeft and law- ful men, being Britifh Subjefts rcfident in the faid Town of Calcutta, in like Manner as I'reafons, Felonies, Robberies, Murders and Confederacies are or may be in England inquired of, tried, heard and determined, under and by virtue of any Commiflion under the King's Great Seal, by Authority of an Act of Parlia- ment palfed in the Twenty-eighth Year of King Henry the Eighth, and entitled " For Pirates," all Treafons, Murders, Piracies, Robberies, Felonies, Mannings, Foreffallings, Extortions, TrefpaiTes, Mifdemeanours, Offences, Exceffes and Enormities, and Maritime Crimes whatfoever, done, perpetrated or committed upon the high Seas, within the Limits aforefaid, by any Perfon or Perfons what- foever. and to give Sentence and Judgment of Death, and to award Execution of the Offenders convicled as aforeiaid. " And alfo, That it ffiall and may be lawful to and for the faid Supreme Court of Judicature, to fine, imprifon, correct, puniih, chaflife and reform Parties guilty, and all Violations of the Law, Ufurpers and Delinquents, Contumacious Abfentees, Mailers of Ships, Mariners, Rowers, Fifliers, Shipwrights and otlier Workmen exercifing any Kind of Maritime Affairs, according to the faid Civil and Maritime Laws, Ordinances and Cuftoms, and their refpeciive Demerits, and to deliver and difcharge Perfons imprifoned in that Behalf who ought to be delivered, and to take Recognizances, Obligations, Stipulations and Cautions, as well as to the Ufe of Flis Majefty the King of Great Britain, France and Ireland, as to the Inltance of other Parties, and to put the fame in Execution or to caufe or command them to be executed, and alfo to arrell or caufe or command to be arrelled, according to the Civil Law and the ancient Cufloms of the Court of Admiralty in that Part of Great Britain called England, all Ships, Perfons, Things, Goods, Wares and Merchandizes, for the Princes and every of them, and for other Caufes what- foever, wherever they ihall be met with or found, in or throughout the faid Pi^o- vinccs of Bengal, Bahar or Oiiffa aforefaid, and to compel all Manner of Perfons in that Behalf, as the Cafe fliall require, to appear and anfwer in the faid Court, with Power of ufing any temporal and inflicting Mulcls and Penalties, according to the Laws and Cuftoms aforefaid ; and moreover, to compel Witneffes, in calc they ffiould withdraw themfelves for Intereft, Fear, Favour or Ill-will, or other Caufe whatfoever, to give Evidence to the Truth in all and every the Caufe or Caufes above mentioned, according to the Exigence of the Law, and to proceed in fuch Caufe or Caufes, according to the Civil and Maritime Laws and Cuftoms, 48 REGULATIONS RELATING TO as well as of more Offence mixed or promo^d at the Inftance of any Party, as the Cafe may require, and to promulge and interj)ofc ail Manner of Sentences and Decrees, and put the fame hi Execution, according to the Courfe and Order of the Admiralty, as the fame is now ufed in that Part of Great Britain called England : And whereas by a certain Convention made at Verfailles on the Thirty- firfl: Day of Auguil, in the Year of our Lord One thoufand kven hundred and. eighty-feven, between Kis prefent Mrjefty and the Moll Chrifiiian King, it was among other Things agreed, that the Six ancient Facloi'ies, namicly, Chandernagore, Coffimbuzar, Dacca, Jugdea, Balafore, and Patna, with the Territories belonging to the faid Faftories, (hall be under the Protection of the French Flag, and fubje£t to the French Jurifdiction. and that France fliall aifo have Poffeflion of the ancient Hoiifes of Soopore, Keerpoy, Cauneco'e, Molumpore, Serampore, and Chittigong, as well as the Dependencies on Soopore, viz. Gauljurat, Aliende, Chiatzabad, Patoreha, Monepore and Dolobody, and ftall further have the Faculty of eftablifliing new Houfes of Commerce, but none of the faid Houfes (hall have any Jurifdiftion or any Exemption from the ordinary Juftice of the Country exercifed over Britifh Subjeds : " And whereas by the faid Convention His Majefly further engaged to take Meafures to fecure to French SubjeSs within the Limits of the ancient Factories above mentioned, and exaft an impartial Adminiftration of Jultice in all Matters concernh.-g their Perfons or Properties, or the carrying on their Trade, in the fame Manner, and as efleiflually, as to His own Subjects : " And whereas it would tend greatly to the Encouragement of Commerce, and the Advancement of Juftice, if all Europeans and Americans, or Perfons reputed to be Europeans or Americans, and alfo all Perfons profeffing the Chrittian Reli- gion, and being or reputed to be the Sons or Daughters, whether legitimate or illegitimate, of European or American Fathers, and alfo all Perfons profelfmg the Greek or Armenian Religion, who may be fettled or may fojourn at any Place or Places withim the Limurs of th.e United Company's Territories, in the Provinces of Bengal, Behar, or Oriffa, enjoyed the Security and Protection of the Britiih Laws, and were fubjedt to the fame, in like Manner as if the faid Perfons refidcd within the Limits of the Town of Calcutta } be it therefore enafted by the Authority aforefaid. That from and after the Day of which Ihall be in the Year of Our Lord as well as the Subjedts of His Aloft Chriftian Majefty, and all other Europeans and reputed Europeans, and all Americans and reputed Americans, and alfo all Perfons profefFmg the ChriftiarL Religion, and being or reputed to be the Sons or Daughters, whether legitimate or illegitimate, of Europeans or American Fathers, and alfo all Perfons projefling the Greek or Armenian Religion, who from and after the faid Day of in the Year aforefaid, fliall or may be fettled in, or fliall or may fojourn at any Place or Places within the Limits of the faid United Company's Territories in the faid Provinces of Bengal, Behar, and Orilia aforefaid, (the faid Six ancient Fadlories aforefaid, and the Territories belonging to the fame, excepted), fliall in all Refpects be fubject to the ordinary Civil and Criminal Juftice exercifed within the faid Provinces over Britifh Subjedts, and fliall be amenable to the Supreme Court of Judicature at Fort William in Bengal, and (hall enjoy and exaft an impartial Adminiftration of Juftice in all Matters concerning their Perfons or Properties, or the carrying on their Trade, in the fame Manner and as effeduaJly as His MajcUy's Britifh Subjedts witliin the faid Pro- vinces enjoy the fame." Ordered, That Copies of this Letter, and of the Draft for an Act of Parliament, be tranfinitted Numbers in the Packet of The William Pitt, and that a Paragraph be drafted for the General Letter, referring them to the particular Notice of the Honourable Court of Directors. Extract Public Letter from Bengal, dated 6th November 1788. 295, Purfuant to the Promifc made in the 42d Paragraph of our feparate General Letter of the 6th March, on the Subjed of the Police of this Town, &c. 2 we EAST INDIA AFFAIRS. 49 -^e tranfmit to you a Number in the Packet Copy of a Letter from our Advocate iCeneral, with the Sketch of Bill which he has prepared. As this does not ex- tend entirely to the Subjeft contained in his Inll ruction'^, the Rcafons areafligj-ed for the Oniidion in his Ixttcr, which, with the Bill itfelf, we beg Leave to rtier to your particular Notice. Extrad Public Letter to Bengal, dated 28th April 1790. I-cUcr from, 6th Novfrr.bcr 1788, 28J a 299).^ P^ra. G4, Thefe Paragraphs are under I/i'.v Procrciiiiijis .ngaiiilh I'cvcral of tlif Company's >the Confidetation of the Company's Law Commercial Servants. J Ofliccrs. EXTRACT BENGAL PUBLIC CONSULTATIONS, 1 6th January 17S9. Read a Letter and its Enclofure, from the Secretary. My Lord, . . ' . . No. X. I have the Honour to lay tefore your Lordftiip in Council a Lift of the Extra Writers who are at prefent employed in the Public, Secret, and Revenue Depart- ments, bringing up the Bufinefs in Arrear, "and expediting that occafiontd by the Difpatch of the Indiam.en. When the Hurry of Bufinefs firft made it neceflary for me to employ additional Writers to thofe on the Eftablifliment, I reported fuch Neceflity to your Lordfln'p •in Council verbally, confideiing it was of equal Etfed as the written Application prefcribed by the Regulations of the 26th September laft, which direct that it be made an invariable Rule, to be obferved by the Heads of the Public Offices, not to employ any Extra Writers for occafional Services without the previous Autho- rity of the Government. On this Report your Lordftiip was pleafed to give your San(Elion for fuch Extra Writers being employed, and that their Bills for Salary fliould be pafled ; but as it was itnpoflible for me to afcertain to what Period the Services of thefe Writers would be required, a general Order could not be given to theXHivil Auditor for pafling their Bills without laying them before the Board. As I find it Rill neceflary to employ additional Affiftants, it would fave Time to the Board if the Auditor was directed to pafs the Bills for the Salary of fuch Afliftants until the Period at which the Bufinefs in Arrear, and the occafional Bufinefs for thefeveral Difpatches, fliall be finally brought up, when I trufl that the Afliftants on the Eftablifliment will be found fufficient to keep up the current Bufinefs of the Office. I am the more induced to requeft this Indulgence, as your Lordftiip will recol- left, that in the Letter which accompanied the Eftabhfliinent which I had the Honour to fubmit to the Board in May laft, I obferved that the Multiplicity of tlie common and occafional Bufinefs in the Three Departments rendered it im- poffible to fix any Eftablifliment of Afliftants which could be confidered as per- manent, but that I was willing to make an Experiment of the one ofi"ered, with a Refervation that I fliould from Time to Time be allowed the Liberty of reporting to your Lordftiip in Council when that Eftablilhment ftiould be found inadequate to the Duties of the Three Departments. If your Lordftiip will be pleafed to give Direftions for the Order which I have taken the Liberty to requeli to be iftued to the Civil Auditor,. 1 will pledge my- felf, that as foon as the Bufinefs in Arrear, and the occafional Duty on account of the feveral Difpatches, fliall be completed, the F.xpence of thefe Three De- partments fliall again be reduced to that which the I'^ftablifliment prefcribes, or as near as pol'ible. 1 have the Honour, Sec. Tort William, (Signed) E. Hay, Secretary, 1 ith January 1789. (163.) N LIST 5° REGULATIONS RELATING TO IHo, XL LIST of Extra Writers in the Public, Secret, and Revenue Departments, bringing up the Bufiiiefs in Arrear, and expediting that occafioned by the Dilpatch of the Indiamen. Public Department : John Lindfay J. H. De Rofario 65 76 5 — Andrero de Cruz 58 — — John Moitc 52 — — Domingo Jongeneef 54 — — Rich'' de Souza 50 — Simon dc Rofario 44 — — Anthony de Cofta Jeronimo Paterfon 44 48 — Stephen de Couto V. Mendis .... 40 16 10 6 547 15 ^ Secret Department : Mr, Lloyd ... J. Mahon - - '- 100 150 — — — James Towers ... 150 — John Byrn, Sedioner 103 5 4 Mudden Mohen 40 5 4 Ramtono Baroofiat 50 — . Ramnedy Baragee M. De Cofim 50 70 _ i»-* W" Dobbins - - - 70 — C. De Moyrah John Lawrence 70 70 _. _ Chriftopher Mayer W™ Hudfon 70 70 — 1,063 5 4- Revenue Department ■■• Mr. R.Purvis 100 — Mr. Fitzgerald 100 r^r^ I 1 ^_aa Sicca Rupees ^{JKJ ' ' ■ ' 1,811 4 10 Ordered, previous to any Determination being pafled on the Secretary's Letter, That he be enjoined to lay before the Board a Lift of his Afliftants, whether cove- .nanted or uncovenanted, in the Three Departments, with a Note oppolite to the Name of each Perfon marking precifely the Service that he renders in the Office, in order that fuch Allillants may be removed as are not of real conftant Ufe, and that the Eftablilhments may be made entirely, and to all Intents and Purpofes, effective. It is very well known that numerous Applications are made from Time to Time, both to the Members of Government and to the Secretary, to employ in his Oilice European Gentlemen who come to Bengal out of the Service of the Com- ,pany, and rclort to fome Situation in the Public Offices for Subfiftence. The ^mbarralfment which thel'e Applications often occafioa is obvious, and fome Check is neceffary, both for the Relief of the Secretary, and to render his Eftaljiiflmient what it ought to be, and what he muft very much widi that it fliould be. Ordered, therefore. That in future no European AfTiftant be entertained, on any Account, in either the Secret, Revenue, or Public Departments, without the VP^gyious Sanction of the Board, recorded on their Proceedings. Extraft EAST INDIA AFFAIRS. 51 Exlra£l Public Letter to Bengal, dated 2d December 1789. 5. The Frequency of Defertions of Perfons in different Stations from the freighted Ships in our Service, makes it neceffary that fome effeftual Means Jhould he adopted to prevent the like in future ; for the Confcquenccs are not only productive of the mimy IwcoavL-nienccs which mult refult from the Ship's Company's being greatly weakened, but the Perfons fo leaving their Ships remain in India, and procure Appointnic nts, fomctime;; in Preference, but always to the Prejudice of thofe who proceed tliirher with our Pcrmifilon. Many of the Affifhnt Surgeons who have been appointed in India, under the Refolutions of youi- Board, were probably of that Dclcription ; and a itiil greater Number, we fuppofe, are among thofe Perfons who are engaged in the Sea Service of private Merchants at our ieveral Prefidencies. From an Infpedtion into the Lilts of the feveral Ships which have arrived in the Courfe of lalt Seafon, we arc inclined to believe the Evil radier increafes; and as we lind it neceffary that fuch Proceedings fliould be effeflually difcouraged, we herewith tranfmit a Lilt of the Officers and Petty Officers of the Ships arrived laft Seafon who have remained behind, and we fliall depend upon your Exertions in caufing fuch Perfons to be fent to England by the iirlt Conveyance which may offer. Extrad Public Letter from Bengal, dated 3ifl: July 1790. Letter to, dated ad Dec. 1789, (j).") faia- 5' ^" confequencc of the Direaions iit Orders rcfpediiig Perfons who have de-( this Paragraph, we defircd that the fulleff ferted from the Company's Ships that C Jnquirv might be made to afccrtain the P]ace> arrived m England the preceding Year. J ^^ ^^^^^_, and prefent Occupations of the Per- fons named in the Lift. The Superintendants of the Police fumifhed us accord- ingly with fuch Particulars as they were able to procure ; but as thefe were defec- rive, and your Orders applied generally to all the Officers and Petty Officers who left their Ships and remained in India, we made a Publication in the Gazette, requiring them to hold themfelves in Readinefs to proceed to England by the firlt Opportunities, and declaring, that if any of them fhould continue in Bengal or the Company's other Pofleffions under this Government, after the iff January 1 79 1, they would fubje£t themfelves to be dealt with as the Ads of Parliament now in force in refped to Perfons unliccnfcd to refide or continue in the Limits of the Company's Territories have allowed and authorized. Extrad Public Letter to Bengal, dated 30th March 1791. Letterfrom, 31ft July 1790, (5). 1 Para. 3. We approve of your Proceedings in rcfpeaing the Court's Orders as to J confequcMce of our Orders of the 2d December Perfons deferring from the Com- f 1789, refpefting Perfons dcferting from the Com- pany % ervice. J pjjj^y'g Ships, and direfl that you perfevere in your Endeavours for carrying thofe Orders into effedual Execution. EXTRACT BENGAL PUBLIC CONSULTATIONS, 4th February 1791. The following Letter was received on the 1 ft Inffant, from the Superintendants of the Police, and having been circulated, Orders were immediately fent tn thofe Gentlemen and to the Town Major, in conformity to the Board's Re- folution. My Lord, "We beg leave to reprefent to your Lordfliip, that there are great Numbers of .European Foreigners at prefent in Calcutta, who are out of Employ, and have 110 Means of maintaining thenifelvts honeftly. 1-alt Night Eight Men of this Defcription were apprehended by the Town Guard ; fome of them are known to be of bad Charaders, and have been in Jail for various Crimes ; we rcquell Orders may be given that thefemen be received in the For.t^ andjEiiy othei-s in 5^- REGULATIONS RELATING TO the fame Situation who may hereafter be apprehended. Several Robberies have been lately committed, and by the Accounts we have received, fuch Men have been the Perpetrators. We have, &c. S:c. Police Office, 1 (Signed) T. Motts. jthFeb. 1791. / E.Maxwell.. ExtraG Public Letter from Bengal, dated 12th March 1791. Para. 22. A Letter from the Superintendant of the Police, which is recorded in our Proceedings of the 4th of February, called our Attention to a Subjed of fome Confequence in their Department : It was reprefented to us, that there were Numbers of European Foreigners in Calcutta, without prefent Employment or tbe obvious Means of maintaining themielves honeftly, and that of this Defcription Eight Men had been apprehended the Evening before the Date of the Letter addreffcd to us by the Superintendant oi the Police, fomc of whom were known to be of bad Charafler, and had been confined in Jail for various Crimes. A very {hort Time previous to the Receipt of this Letter, many Robberies had been committed, and Ibme Murders perpetrated in a Quarter of the Town hitherto lefs difturbed, being that which is alraofl: entirely occupied by the European Inha- bitants ; and we have very good Reafon to believe that fuch daring Afts could Hot have been committed by any other than Perfons of the Defcription above mentioned. 23. '1 h. • , 1 a i- ■ •' , as Charter-party PafTengers. fhavmg agreed to the Application to the J Sheritl of Calcutta, that Peribns releafed from Jail by the Subfcribers for the Relief of Inlulvent Debtors, be fent home as Chartei'-Party Paflcngers. Extra(5l Public Letter to Bengal, dated the 15th April 1795. Letter from, 3d September 1 792 (37 a. 44.) ") ,5. We will give due Confideration to Free Merchants and F.-ee Marmers Opinion as f Reprefentation of the Inexpediency to the ll,xpeaiency or their Apponitments. \ •' ,• .' . , ,,. ' ,^. •' ■ J of permitting more than rive or Six, or at the utniofl Ten Free Merchants or Free Mariners to proceed to India in any One Year. . In confequence of what is flated in the 42d and 43d Paragraphs refpeding Mr. Michael M'Namara, we approve of the Notice which has been given him for his quitting India, and you may rely upon Ixis ftot being fuffered to return with PerniifTioii from the Company. EXTRACT EAST INDIA ATTATRS. iff i:XTRACT BENGAL REVENUE CONSULTATIONS, nth February 1793. ExlraSl of Earl Cornwa/lis's Minute. ' 69. Seventh. Britijh Subjeds (the Kings Officers employed in ibis Country^ and the Civil and Military covenanted Servants of the Company excepted) not to be permitted to rcfide beyond the Limits of the Town of Calcutta, unkfs they fh all enter into a Bond obliging themfelves to fi/bmit to the Jurifdidion and Decrees of the Country Courts of Judicature in any Civil j4dions that may be inflituted againfl ihem by Natives. All Britijh Subjects (not being Kiwgs Officers, or Civd or Military covenanted Servants of the Company) now reftding beyond the Limits of Calcutta^ who Jhall omit or refufc to execute the Bond required, to be obliged to repair to Calcutta at the Expiration of Twelve Months from the Date of the Pub- lication of this Order, but to be allowed to continue in the Country upon their prefent Footing during the above Period, for the Purpofe of fettling their Affairs. 70. The Neceflity of adopting this Regulation has been long felt, and for the Reafons afligned in the preliminary Remarks to thefe Propofitions it will daily become more urgent, as the Reftiidions on the Trade between this Country and Great Britain may be Icffened or withdrawn. Britilh Merchants have a ready Means of recovering their Claims upon Natives, by Application to the Country Coxirts, but the latter have no Mode of obtaining Redrefs againft the former but by a Profecution in the Supreme Court of Judicature at Calcutta. There are many Britifh Merchants and Traders refiding in the interior Parts of the Country of molt refpeftable Chara£ter, and whofe Dealings with the Natives have ever been regulated by the moft fair and liberal Principles ; but there are and niuft always be many of oppofite Charaders. The Cultivators of the Soil and the Manufaflurers are the ClalTes of People moft likely to fuffer from the Oppreflion or unfair Dealings of Merchants and Traders of the latter Defcrip- tion ; to lay them under the Neceflity of repairing perhaps many Hundred Miles to profecute their Claims upon fuch Perfons, in a Court judging and deciding by Laws and in a Language with both of which they are equally unacquainted, and at an Expence which none but the Opulent can fupport, is nearly tantamount to precluding them from all Redrefs. To render the Remedy of the Weak againft the Strong fo difficult, whilft the former are enabled to obtain Redrefs againft the latter with fuch Facility, is both unjuft and impolitic. The propofed Regulation will afford a permanent Security to the Trading Part of the People againft the Oppreflion of private Merchants and Traders, and at the fame Time give them a Confidence in the Juftice of our Government, and convince them of our Solicitude for their Welfare. Such of thefe Merchants and Traders as wifli to carry on their Commerce upon fair Principles, caimot with Reafon objed to fubmit their Difputcs with the Natives to Courts fo refpedable as thofe in which it is now propofed to render them cognizable, efpccially as they will have an Appeal to the Supreme Government in its Capacity of a Court of Suddar Dewanny Adawlut, whenever they may be diflatisfied with the Decifions of the Zillah or City Courts, or (in certain Cales) the Provincial Courts of Appeal ; at all Events, the Interefts of ilic Body of the People and the Public ought not to be made fubfervient to the Views of Individuals. 71. All Foreign Europeans reliding beyond the Limits of Calcutta (excepting French Subjefts) arc already amenable to the Country Courts of Judicature ; confequently it is not neceffary to oblige them to execute the Engagement pro- pofed to be required from Britifii Subjecls with refpect to French Subjects who (hall refufe to fubmit to the Jurifdiclion of the Country Courts in the Cafes in which it is propofed that the Britifli Subjecls above deicribed fliall render them- felves amenable. I am of opinion that they ought not to be permitted to refide out of the Limits of the Six Fadories mentioned in the 4th Article of the Con- vention of the 31ft Auguft 17S7. The Board approve of the feveral Arrangements propofed by tlie Governor General, and relblve that they be carried into Execution as early as Circum- ftances may admit. (163.) P EXTRACT j8 REGULATIONS RELATING TO EXTRACT OF BENGAL JUDICIAL CONSULTATIONS, 4oth September 1793. The Secretary lays befoie the Board the following Form of a Bond received from the Company's Attorney, in conformity to the Orders of the 31(1 July laft, together with the Opinions of the Advocate General and the Company's Standing j Counfel : " KNOW all Men by thefe Prefcnts, That I of but now about to refide at in the Zillah or Diftrid of in the Province of am held and firmly bound unto Judge of the Dewanny Adawlut of the faid Zillah or Difl;ri(3: of in the Sum to be paid to the faid his Executors or Adminiftrators, for which Payment well and truly to be made, I do hereby bind myfelf, my Heirs, Executors and Adminillrators, firmly by thele Prefents, fealed with my Seal, dated this Day of in the Year of our Lord " Whereas the Governor General in Council of Fort William in Bengal, afting for and on Behalf of the United Company of Merchants of England trading to the Eaft Indies, hath, by virtue of certain Powers and Authority in him vefled previous to the Date thereof, Refolved, That no Britifh Subjett, excepting the Officers of and belonging to the Army of His Majefty the King of Great Britain, and the Civil and Military covenanted Servants of the faid United Company, fhall refide or take up a temporary or other Abode at a greater Diftance from Calcutta, at F^ort William aforefaid, than Ten Englifli Miles Standard Meafurement, unlefs fuch Britilh Subjefl; Ihall, previous to or at the Commencement of fuch Abode or Refidence, execute a Bond or Obligation on fuch Penalty as the Governor General in Council of Fort William atorefaid, for the Time being, fhall duly direft to the Judge of the Dewanny Adawlut for the Time being, of the Zillah or Diftrid: in which fuch Britifti Subje£l fhall be about to refide, his Heirs, Exe- cutors, or Adminiflrators, with Condition that fuch Britifli Subjeft fhall and will from lime to Time, and at all Times thenceforward, fubmit and be amenable to the Dewanny Adawlut or Court of Jurifdidlion of fuch Zillah or Diftrift, in all Civil Suits that may be inftituted againft them by any Native or other Inhabitant, not being a Britifh Subjefl: or Refident within the Limits of Calcutta, of the Pro- vinces within the Territorial Acquifitions of the faid United Company, provided the Amount in Value of the Matter in difpute between the Parties of fuch Suit do not exceed the Sura of 500 Sicca Rupees: And whereas the above- Irounden is a Britilh Subjedt, and hath, under and fubjed to the hereiu-before recited Refolution of the Governor General in Council of Fort William aforefaid, obtained PermifTion and Licence of and from the laid Governor General in Council to refide at in the Zillah or Diftrift of in the Province of in Confideration whereof he the faid hath agreed to execute and deliver this prefent Bond or Obligation : " Now the Condition of this Obligation is fuch, that if the above-bounden his Heiis, Executors, and Adminiflrators, and every of them do, and fhall from Time to Time and at all Times herein-after, on his and their Parts and Behalves, in all Things Vv'ell and duly fland to, obey, abide, perform, obfcrve, fulfil, keep, and fatisfy all and every the Order and Orders, Decree an I Decrees, Judgment and Judgments of the Dewanny Adawlut, or Court of Civil Jurifdiftion, eftablifhed by the Authority of the faid United Company, or of the Governor General in Council, and of the faid United Company in the faid Zillah or Diftrict of in the faid Province of or of the Judge or Judges of the faid Court for the Time being, in all and every Suit or Suits, Adion or Aftions, which now is, are, or hereafter fhall or may be brought, commenced, inftituted, fued, or pro- fccuted agninft the faid by any Native or Natives, or other Inhabitants (not being a Britifli Subje had) in the Prefence of - -J " N.B. — I have a Doubt of the Legality and Eflrcacy of a Bond of this Defcrip- tion, if ever it (hould be fued on ; and it appears to me alfo as if it might ulti- mately involve a very ferious Queftton, namely, whether the Supreme Courts, notwithftanding the Statute, might not, in Cafes of Decifion in Country Courts, in confequcnce of the Covenant herein fubjeding the Party executing to fuch Jurifdidion, be enabled, if the Matter were properly brought, to take Cognizance of the Proceedings of the Servants of the Government and of the Company in their Judicial Capacities. (Signed) J. Shaw. The Doubt expre(red by Mr. Shaw as to the Legality and E(Ecacy of any Bond executed by a Briti(h Subject for the Purpofe fpeci(ied in this Draft, and the Orders which accompany it, I cannot deny to be well founded. The Supreme Court, ever fince it has exercifed an exclufive Jurifdidion in all Cafes where Britifli Sub- je£ts refident in thefe Provinces have been Defendants, and under the King's Charter, and the feveral Statutes relating to it, my Opinion is, that Briti(h Sub- jefts in Bengal, Behar, and OrilTa, are amenable to the Supreme Court only. Hence it follows, that no Power, except that of an Aft of Parliament, can compel Britifh Subjed to obey the Procefs or Decrees of the Dewannee Courts, and I am (Irongly inclined to think, that any voluntary Engagement entered iiV:o by aBriti(h Subjedt, agreeing to fubmit himfelf as a Defendant to their Juiifdiclion, would be cot)fider-ed as againfl the Policy and Provifions of the Charter and Sta- tutes eftabli(hing the Supreme Court, and therefore void. The only Argument I can fuggeft which could be urged in Support of fuch an Agreement is, that it amounts to no more than a Submidion to abide by an Award ; but in that Light even 1 fear it could not be fuccefsfully placed, and if it could, fome of the Confequences alluded to by Mr. Shaw might certainly follow. The Bond can be enforced only in the Supreme Court, and if that Court (hould not (as there is great Reafon to apprehend it would) pronounce it to be illegal, but fhould hold it valid as a Submiflion to an Award, it follows that the Juftice and Propriety of the Decifion in the Dewannee Courts, as well thofe of Appellate as of Original Jurifdidion, might be queftioned in the Supreme Court, and fub- mitted to its Determination by Proceedings fimilar to thofe which may take place in Cafes of other Awards. This would be a Confequence refulting from the Regulation to which the Bond in quelHon is meant to have Effed, contrary to the Spirit of the Statute exempting the Judicial Ads of the Company's Servants, in certain Cafes, from the Cognizance of the Supreme Court, and cannot be de- 9 firablc » €o REGULATIONS RELATING TO iirablejnotwithflandinp; the ftrong Difpofition the Supreme Court, as now conftl- •Duted, unif©r.mly manifefts to fupport the Authority of Government. The foregoing Obfervations I ha^e ttiought it my Duty to make, in addition to thofe whiA have fallen from Mr. Shaw, although I do not think it probable that anyCoiiteft will arife, if the Regulation fliould be continued. It is in irfelf not only convenient, but alfo extremely humane; and while its Operation is limited to fo fmall a Sum as 500 Rupees, there is fcarcely any Reafon to fear that Dacifions tinder it will be difputed, unlefs they (hould go to the Eftablifhment of general Queftions of Right ; or Parties, in order to evade the Intention of Govern- ment in limiting the Sum, fliould fplit or fubdivide their Agreements : luch Cafes are not likely often to occur ; and it may be provided ior and prevented by fome additional Regulation, or by Inflrudions from the Board to the MofulTuI Adawluts. (Signed) W" Burroughs, Advocate General. A. D. 1793. Regulation XX vm. A REGULATION for prohibiting Britifh SubjecH (excepting King's Officers ferving under the Prefidency of Fort William, and the Civil Covenanted Servants of the Company, and their Military Officers) refuiing at a greater Diftance from Calcutta than Ten Miles, unlefs they render themfelves amenable to the Courts of DewLinny Adawlut in Civil Suits which may be inftituted againft them by any of the Defcriptions of Perfons mentioned in Sedion vii. Regulation iii. 1793; and for enabling Britifli SubjeSsto recover any Demands recoverable under the Regulations which they may have upon fuch Perfons. Paffed by the Governor General in Council, on the i ft of May 179? ; corrtfponding with the 2 ift Byfaak, i i.oo Bengal Era ; the 6th B) iaak, 1 200 Fuffily ; the 2tft Byfaak, 1 200 Willaity ; the Cch Byfaak, i85oSumbutj and the 19th Ramzaan, 1207 Higere. B'RITISH Subjefts refiding in the interior Parts of the Country, for Commer- cial Purpofes, may recover with Facility, and at a moderate Expence, their Claims upon the Natives, or other Inhabitants of the Company's Territories, who aie de- clared amenable to the Courts of Dewanny Adawlut in Seflion vii. Regulatior. 111, 1793, by inftituting a Suit againft them in the Court of the Zillah or City in which *hey refide. But the Natives of the C>ountry, and all other Perfons fubjeft to the JurifdiQiion of the Dewanny Courts, have no Means of obtaining Redrefs againft fnch Britifh Suhjeds, but by fuing them in the Supreme Court of Judicature at Calcutta. The Manufafturers, therefore, as well as the immediate Cultivators of the Soil, and the lower Orders of the People, with whom fuch Britifh Subjefts Jieceflarily have extenfiw Dealings, are in fad precluded from all Redrefs, in tht lEvent of their being wronged, as it is obvioufly inipradicable for the Generality of Perfons of thefe Defcriptions to quit their Families and Occupations, and per- form a Journey, probably of feveral hundred Miks, to fue for fmall Demands in a Court proceeding and deciding according to Laws and in a Language with both of which they arc equally unacquainted, and at an F.xpence that the Opulent only can fupport. The Extenfion of Commerce and Agriculture, and confequently the future Profperity of the Country, depending upon due Prorcdion and En- couragement being afforded to the Manufadu)-eis, the Cultivators of the Soil, and the other Clailcs of the lower and induftrious Orders of the People, and it being aifo equitable that Britifh Subjeds of every Defcription ftiould be enabled tf» recover all I)emands, excepting fi.ich as may bo declared not recoverable, which they may have upon the Natives, or other Perfons defcribed in Sedion vit. Regulation III. 1793, the Governor General in Council has enaded the following Rules : Briiifli Sub- ^- Bririfd Subjeds (excepting King's Officers ferving under the Prefidency of je6te (with Fott Willi;:in, the Civil Covenanted Servants of the Company, and their Military certain Ex- Officers,) fliaJI not be permitted to refide at a greater Diftance from Calcutta than 4o''be°al.'! "°' ^'^^ Milef, uftiefs they enter into a Bond rendering themfelves amenable to the Court EAST INDIA AFFAIRS. 6i Court of Dewanny Adawlut, wirhin the Junfdidtloii of which they may refide, In lowed to rc- all Civil Suits that may be inltiiuteJ af,'air)(l thorn by Natives or hihubitants of jj'lc furtiicr cither of the Provinces of Bengal, B;har, or Orifla, coining within the Defcrip- ^^^^^ ^^^^ tions of Pcrfons declared amenably to the Zillah and City Courts, by Section Vlf. Ten Miles, Regulation HI. 1793, for any Sum of Money or Thing, the Amount or Value of unlch tl.cy •whicli fliall not exceed 500 Sicca Rupees. "'■''"'^ ^^"= ■> ' 13<)ii(l in III. The following is the Form of the Bond to be executed by fuch Britifh ^ctiion 3. Subjeds : " KNOW all Men by thefe Prefents, That I of Forraof ihe . but now about to reiide at in the Zillah or Diftricl: of ^°'"'* (or in the Cny of ) in the Province of am held and {irmly bound unto Judge of the Dewanny Adawlut of the faid Zillah or Diftricl for City of ) in the Sum of , to be paid to the faid , his Executors or Adminiftrators ; for which Payment well and truly to be made, I do hereby bind myfelf, my Heirs, Executors, and Adminiftrators firmly by thcfe Pre- fents. Sealed with my Seal j dated this Day of in the Year of Our Lord «' "Whereas the Governor General in Council of Fort "William in Bengal, acling- for and on Behalf of the United Company of Merchants of England, trading to the Eafl Indies, hath, by virtue of cercain Powers and Authority in him vefled previous to the Date hereof, refolved, that no Britifh Subject, excepting the Of- ficers of and belonging to the Army of His Majefty the King of Great Britain, ferving under the Prefidency of Fort William, and the Civil covenanted Servants of the faid United Company, and their Military Officers, fliall refide or take up a temporary or other Abode at a greater Diftancc from Calcutta at Fort William aforefaid, than Ten Englifh Miles Standard Meafurement, unlefs fuch Britifh Sub- jeft fhall previous to or at the Commencement of fuch Abode or Refidence ckc- cute 1 Bond or Obligation in fuch Penalty as the Governor General in Council of Fort William aforefaid for the Time being fhall duly dired, to the Judge of the Dewanny Adawlut for the Time being of the Zillah or Diflri£t (or City) in which fuch Biitiih Subjed fhall be about to refide, his Heirs, Executors, or Adminiftrators; with Condition that fuch Britifli Subjed fhall and will, from Time to 1 ime and at all iimes thenceforward, fubmit and be amenable to the Dewanny Adawlut, or Court of Civil Jurifdiction of fuch Zillah orDiftrict (cr City), in all Civil Suits that maybe indiiuted againfl him by any Native or other Inhabitant (not being a Britifh Subjett, or refi.lcnt within the Limits of Calcutta,) of the Pro- vinces widiia the Territorial Acquifiuons of the faid. United Company, provided the Amount or Value ot the Matter in Difpute between the Parties in inch Suit does not exceed the Sum of 500 Sicca Rupees : And whereas the above-bounden is a Britifli rfubjed, and hath, under and fubject to the hercin-before recited Refolution of the Governor General in Council of Fort William aforefaid, obtained PermifTion and Licence of and from the faid Governor General in Council to reiide at in the Zillah or Di.T.rict (or City) of in the Province of , in Confideration whereof, he the faid hath agreed to execute and deliver this prefent Bond or Obligation : "NOW the Condition of this Obligation is fuch, That if the above-bounden , his Heirs, Executors, and Adminiftrators, and all and every of them, do and fliall from Time to Time and at all Times hcreaftei:, on his and their Parts and Behalves, in all 'I'hings well and truly ftand to, obey, abide by, perform, obferve, fulfil, keep, and fatisfy all and every the Older and Orders, Decree and Decrees, Judgment and Judgments of the . Dewanny Aiiawlut, or Court of Civil Jurifdiction eftabiithed by the Autho- rity of the laid United Conipany, or of the Governor General in Council of • and for the laid United Company in the faid Zillah or Diltrict (or City) of , in the faid Province of , or of the Judge tor Judges of the faid Courts for the Time being, ia all and every Suit or ,(163.) Q Suits, a REGtJLAtlONS RELATING TO Suits, Aci:lon ov Adions, which now is or are or hereafter fhall O' may b^ brought, commenced, inftituted, fued, or prolecuted againft the laid by any Native or Natives, or other Inhabitant or Inhabitants (no* being a Britifli Subjeft or Subjeds, or refident within the Hmits of the Town, of Calcutta at Fort William aforefaid") of any of the Provinces dependant upon or within the Territorial Acquifitions of the faid United Company ; provided the Matter in Difpute between the Parties, or the Caufe or Caufes of each and every fuch Suit or Suits, Action or Actions, doth not and fliall noi refpectiveiy, at the Time of commencing fuch Suit or Suits, Action or Ac- tions, exceed in Value the Sum of 500 Sicca Rupees, or if the faid his Heirs. Executors, and Adminiftrators, fnall and do well and truly ftand to, abide by, obey, fulfil, and fatisfy all and every the Order and Orders, Decree or Decrees, Judgment or Judgments, which in cafe of any Appeal of fuch Suit or Suits, Aftion or Adions, duly and regularly made from the faid Dewanny Adawlut to the proper Court or Courts of Appeal, fliall be duly and regularly made by fuch Court of App'eal as fhall finally hear, decide, and determine fuch Suit or Suits, Adionor Adions ; and if the faid his Heirs, Executors, and Adminiftrators, or any or either of them, fhall not and do not, in and relating to fuch Suit or Suits, Action or Actions, apply for any Writ or Writs of Surceafe to iilue out of and from the Supreme Court of Judicature at Fort William in Bengal aforefaid, according to the Manner and Form prefcribed and mentioned in the Charter or Letters Patent for eftablifhing the fame, then this Obligation to be void and of no Effect j otherwife, to be and remain in full force and virtue. " Signed, fealed, and delivered, where "J no Stamps are to be had, in the > Prefenceof - - -J Where tlie jy_ jj^g Bond is to be executed in open Court, before the Judge of the Court •e'xecutedaii/ within the Jurifdidion of which fuch Britifh Subjed may refide or take up his depoCted. Abode, unlefs the Court fhall have been adjourned, in which Cafe it is to be exe- cuted before the Judge out of Court. The Bond is to be depofited amongft the Records of the Court. New B -.ml to Y_ jf any fuch Britifh Subjed, refiding within the Jurifdidion of a Zillah or -when^any^ City Court, who may have executed the Bond contained in Sedion III. fhall here- fuch Britifh alter remove into the Jurifdidion of any other Zillah or City Court, to any Place Subj (it ih-iU being at a greater Dittance from Calcutta than Ten Miles, he fhall execute a new remove into ^.,,^^^ to the fame EfFed, which fhall be depofited in the Dewanny Adawlut of the didtion. Zillah or City in which he may fo take up his Abode ; and all fuch Britifh Subjeds, BriiiihSub- whoihcf they may have previoufly executed the Bond in Sedion III. or not, upon jefts, whether proceeding to any Place within the J;irirdidit)n of a Zillah or City Court, and they have bclng at a greater Diftance from Calcutta than Ten Miles, with a View to refide previoufly there, fhall, within len Days after their Arrival in fuch Jurifdidion attend before Bond or not, the Judge of the Court to execute the prefcribed Bond, and in Default of their taking up fo attending, the Judge fliall futnmon them to attend lor that Purpofe, by a Writing their Rcfi- under the Seal of the Court and attefted by the Regifler. •cence at a / o greater Diftance from Calcutta than Ten Miles, to attend before the Judges in Ten Days to execute the Bond. Court to fummon them if they do not attend. Judges of the VI. If any fuch Britifh Subjed now refiding, or who fhall hereafter take up his Zillah and Abodc within the Jurifdidion of any Zillah or City Court at a greater Diftance to' compel * from Calcutta than Ten Miles, fliall refufe to attend before the Judge and to cxe- fuch Britifh cute the prefcribed Bond, the Judge is to require him, by a written Order under Suhjcas re- his oflkial Signature and the Seal of the Court, to quit his Jurifdidion within One fufing to Month from the Date of the Order, and repair to t^alcutta, and in the Event of Bond to pro- ''■'s "ot complying with the Order, the Judge is to fend him to Calcutta under the cerd tn Cal- Charge of his Officers. cuim. VII. When any Britifli Subjed or other Perfon, who may not come within the Bond to he Jurifdidions of Perlons declared amenable to the Jurifdidion of the Zillah and Pe?f"n.'^nof ^'^y ^"""^ ^V ^^dion VII. Regulation III. 17.;^ Hiall inftitute a Suit in the amenable to Dcwanuy Adawlut of any Zillah or City Court on his own private Account, or the ZillaU oa EAST INT3TA ATTAIRS, 63 ^n behalf of any other Perfon, againft a Pcrfon amenable thereto, he is to execute and Gty an liill'unien: ia the Niturc of a Boad of Arbitration, acconlin)^ to the Form toun^.ttrho herciifrer recited, declaring hiinlclf lubjeft to the Juriluiclion ot the Court for fo ^ vjuit'j,, nnioh as fhall relate to the Suit in queltion, and binil hiinfelf to abide by the thofe Couru Awani or Decree of the Court in the fame Maimer and to the lame F,Ktcnt as the againft any luriidicl:ion of the Court is valid acainft the Dtfcndant. If fuch Plaintiff fhall '''''''"" retufe to execute the Inltruinent, Ins Planit Ihall not be received or filed. ,^,,.1, jy^f. *' KNOW all Men by thefe Prefents, That I of ^ '^'^'°"- am held and firmly bound unto of Efqulre, Judge of the Dewanny Adaulut of the in tli;; Province of in the Sum of to be paid to the faid his Executors, Adininifliators, or AfTigns, for which Payment, well and truly to be made, I do hereby bind myfelf, my Heirs, Jilxecutors, and Adminiftra- tors, firmly by thefe Prefents, fealed with my Seal, dated this Day of in the Year of Chrift One thoufand feven hundred and *' Whereas the above-bounden hath, on the Day of the Date hereof, commenced an Adtion, Caufe, or Suit, in the faid Dewanny Adaw- lut, before the faid againfl : *' NOW the Condition of this Obligation is fuch, That if the faid his Heirs, Executors, and Adminillrators, and every of them, do and (hall, on his and their Parts and Behalves, in all Things well and truly fland to, obey, abide, obferve, perform, and fulfil all fuch final Judgment and Judgments, Order and Orders, Decree and Decrees, as fhall or may be at any Time given in the faid Adion, Caufe, or Suit in the faid Court of Dewanny Adawlut at (and confirmed on Appeal, if the fame Suit or Caufe fhall be appealed), then this Obligation to be void j or elfc to remain in full force and virtue. *' Sealed and delivered (where no^ Stamps are in ufe or to be > had) in the Prefence of -J Vin. Europeans, not Britifli Subjedts, and refiding out of the Limits of Cal- All Euro- cutta, are amenable to the Courts of Dewanny Adawlut in the fame Manner as p^ans not Natives, or other Inhabitants coming within the Defcriptlon of Perfon.s fpecitied .^^'"'" S"b. inSedionVII. Regulation III. 1793. itdingout^ff" Calcutta, are Extraft Public Letter to Bengal, dated 25th June 1 793. the Courts of Para. 95. We take this Opportunity of tranfmitting to you feveral Copies of an ^^dawlut. Aft, palled in the laft SefTion of Parliament, intituled, " An Act for continuing " in the Eall: India Company for a further Term the PofTefTion of the Britifh Ter- ** ritories in India, under certain Limitations; for eft ablifhing further Regulations " for the Government of the faid Territories, and the better Admiiiiftration of *' Juftice within the fame ; for appropriating to certain Ufes the Revenues and *< Profits of the faid Company ; and for making Provifions for the good Order " and Government of the Towns of Calcutta, Madias, and Bombay." g6. From the Nunibers and Variety of the Claules in this Aft, it will be neceflary for the better undeiflanding the fame that you fhould perufe it with the titmoft Attention ; and we direft that you ftriftly obferve and fulfil all and every the Provifions therein contained, as far as refpefts your Prefidency. Extraft Public Letter to Bengal, dated i ith December 1793. Circular to all the Prefidencies. Para. 6. The Situation of our Servants in India, and of Perfons refiding there under the Company's Licence, being very much altered by the Aft of the ;3d of iiis prefeut Majefty, Cap. 52. it is become necelTary to vary their Covenants en- tered ^4 REGULATIONS RELATING TO ■ tered into with us, and make them correfpond with the Provifions of that Afl: ; we have therefore caufed all the Covenants heretofore entered into by our Servants and others to be altered, and now fend you a fuflicient Number of each Sort, to be executed by ail Perfons refident under your Prefidency. We direct that every Perfon in our Service be called upon immediately to execute the Covenants proper to his Station, and that on his refufmg to do fo, he be difmiffed, and have Notice to (.tune home 7, Wealfo diicjft, that all other Britifli Subjeds refiding under your Prefidency, whether with or without Licence, be forthwith called upon to execute the Cove- nants proper to their Stations, and that on Negleft or Refufal to execute, they have Notice to quit India, which Notice, if they refufe to obey, you mu(l enforce, by fending them home in fuch Manner as the Law allows, as we are determined not to permit any Perfons in future to refide in India without our Licence, and being under proper Covenants, fo that any Irregularity of Condudb may be more readily corrected. 8. We Hiall at all Times be ready to give Licences to fuch a Nimiber of proper Perfons to go to India as may be necelTary for efFe£luating the Purpofes of the Act, they entering into the ufual Covenants for their Conduct ; but we will not allow any one to proceed or rcfide in India without our Licence ; and there- fore if any Perfon hereafter fhall prefume to go to India, and appear within your Jurifdiclion without our Licence, we require you forthwith to deal with him as an unlicenfed Trader, and fend him home, before he can make fuch an Eftablifli- ment in Bufinefs as may be an Excufe for Time being allowed him to prepare for his Return. g. Inconvenience having. arifen by Perfons executing only one Set of Covenants, we direct that each Perfon fhall execute his Covenants in Duplicate, one Copy of .which you will keep, and fend home the other. We fhall purfue the fame Plan here, and fend out one Part of the Covenants to the Prefidency to which the ■ Perfon executing them may belong. lo. You will be careful to have the Covenants you fend home witneffed by a Perfon whofe Hand-writing is well known, and can eafily be proved in England by Perfons who have feen him write, that we may be under no Difficulty of proving them in England, if fuch Proof upon any Occafion fhould become , neceffary. Public Depap.tment. Our Governor General in Council at Fort William, in Bengal. Paragraph i. In our Letter of the i ith December lafl:, we informed you, that it was our Intention to fend, in conftquence of the late Act of Parliament, a fufficient Number of Covenants, to be executed by our Servants, and all Europeans refident under your Prefidency. We have fince determined, with refpett to thofe in the Company's Service, as we can more readily have Accefs to their Secuiuits than you can, to call on thofe Securities in England immediately ; and on fuch Security being given, we Hiall lianfiuit a Counterpart of each Covenant, with the Company's Seal affixed thereto ; which Counterparts you muft deliver to the Parties concerned, on their executing the Covenants in Duplicate, conform- ably to the Mode pointed out in the yth and loth Paragraphs of our before-men- tioned Letter. We have thought it expedient, that the new Covenants which our Servants and others are to enter into in confequence of the late Ad of Parliament, fliould be dated on the Day on which the Att is directed to take place in India, namely, the id Day of February 1794: by the Ships Pitt, Royal Admiral, and Lafcellcs, you will receive fuch a Number of Covenants as on a Calculatiun we deem adequate. 2. Witti, regard to Perfons who refide under your Prefidency, and have not r entered into Covenants ot any Defcription, we have by the above Conveyance •fent.a Number of Covenants, of the Denomination of Covenants of " Free " Merchants" " Free Mariners," and of " Perfons permit ted to rcfide in India" Thefe are calculated to fuit all Perfons who are to refide under the Company's J?rotection j and you will take Care that each Pcrfou executes one of thefe De- .Xcriptioniii, EAST INDIA AFFAIRS. 65 fcriptions, in the Mode already pointed out. Each Perfon executing a Free Mcr- chani'sCovenant, mult fend home tlicNanies of Two rcfponfible Pcrfons in England to enter into Security in the Sum of .^2,000 ; and each Perfon figning cither of the other two Defcriptions of Covenants, nmfl in hke Manner give Security for the Rum of ^500; and on fuch Security bdng given, we (hall tranfmit you the Counterparts, to be difpufed of as mentioned in the preceding Paragraph. 3. No Difiiculty can arife among thofe Perfons who are refpedable in their Situations or Connexions ; but in Cafes where the Individuals have nf)t refpettable Friends in England, as we fuppofe fome of the inferior Dcfcrlption of Shopkeepers may not have, we authorize you to accept of Security from Perfons refident in India, in which Cafe you will give them a Counterpart under the Company's Seal. 4. We have likewifc fent a fudlcient Number of Covenants to be executed by the Military Ofliccrs on your Efhiblilhment, and as it has not been ufual that Security fliould be given for their Performance of the Covenants, you will deliver to each u Counterpart under the Company's Seal, on their executing in Duplicate as before mentioned. We are. Your affedionatc Friends, London, (Signed) W. Devavnes, iSth May 1794. John Huntkr, &C.&C. The fame to Fort St. George and Bombay. 5000.—-— 1793. — Perfons permitted to refide in India for a limited Time. « THIS INDENTURE, made the Day of in the Year of the Reign of our Sovereign Lord George the , by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and fo forth, and in the Year of our Lord One thoufand feven hundred and Between the United Company of Merchants of England trading to the Eaft Indies of the one Part, and of the other Part : Whereas the laid United Company have, at the fpecial Requefl: and Entreaty of the faid and upon the Conditions and Agreements herein contained on the Part of the faid to be performed, licenfcd and permitted th€ faid to proceed to and refide at , or any other Place or Places in the Eaft Indies within the Limits of the faid Company's Trade, not exceeding Ten Miles from their principal Settlements, with Licence to con- tinue in the Eaft Indies aforefaid for the Term of Years ; Now this Indenture Witnefleth, and the faid for himfelf, his Heirs, Executors, and Adminiltrators, doth by thefe Prefents covenant, promife, and agree, to and with the faid United Company, in Manner following ; that is to fay. That he the faid from the Time of his Arrival at aforefaid, for and during and unto the full End and Expiration of Years, fliall and will behave and conduct himfelf from Time to Time, and in all Refpeds, conformable to the Rules, Orders, and Directions of the faid United Company, or of their Prefident and Council of or of any other of the faid Company's Prefidents and Councils, Agents or Factors, where he (hall refide ; and that he the faid will not, dircftly or indireftly, carry on any Trade or Traffick himfelf, or ferve or be in anywife aiTiiling to or employed by or for any Foreign Company trading in or to the Eait Indies, or any other Perfon or Perfons whatfoever who do or (hall during the Continuance of thefe Prefents, traflick, adventure, or trade to, in, or from the Eall Indies, or elfewhere within the Limits of the faid Company's Trade, in any Manner contrary t>) the true Intent and Meaning of an Acl: of Parliament, made in the Thirty-third Year of the Reign of His Majedy King George the Third, intituled " An Act for continuing in the Ead India Company, tor a further Term, " the PoifefTion of the Briti(h Territories in India, together with their exclulive *' Trade under certain Limitations ; for eftablifliing further Regulations fur the ** Government of the faid Territories, and the better Adminiftration of Juflice " within the fame j for appropriating to certain Ufes the Revenues and Profits of (163.) R " the ^6 REGULATIONS RELATING TO '' the faid Company ; and for making Provifions for the good Order and Govern- " ment of the Towns of Calcutta, Madras, and Bombay." Provided always, and it is hereby exprefsly covenanted, declared, and agreed between the Parties to thefe Prefents, and it is the true Intent and Meaning thereof, That in cafe the faid {hall make Default in any of the Covenants herein-before contained, or fhall, daring tiic faid Term of Years, receive Notice from the (aid Company'sPrefiJent and Council, Agents orFadors, of the Settle- ment aforefaid, to quit the faid Settlement and return to England for any Miibe- haviour by him the faid done or committed towards the faid Company, or concerning the Peace and good Order of the faid Settlement, that then and in either of the faid Cafes he the faid fliall not nor will, on any Account or Pretence whatfoever, flay or continue longer in the Eall Indies than for the Space of Twelve Montlis afrer receiving fuch Notice ; and that from and immediately after the Expiration of the faid Twelve Months it fhall and may be lawful for the faid Company's Prefident and Council at the faid Settlement to caufe the faid and his Family to be put on board any Ship employed bv the faid Company for thePurpofe of being tranfported to Great Britain at the faid Company's Expence ; and in cafe of Refufal on the Part of the faid to caufe the laid to be apprehended and put on board fuch Ship, together with his Family ; and further, in cafe of fuch apprehending, putting on board, and tranfporting the faid and his Family, in Manner afore- faid, the faid doth hereby covenant, promil'e, and agree, to and with the faid United Company, that he the faid , his Executors or Adminiftrators, fhall not nor will commence, fue, or profecute the faid Company, or their Court of Directors, or any of their Prefidents and Councils, Agents, Factors, Commanders, and Officers of any fuch Ship, or any other Perfon em- ployed in any of the Matters aforefaid, in or by an Adtion, Suit, or other Profe- cution Civil or Criminal, in refpect of fuch apprehending him the faid or of putting on board and tranfporting him the faid and his Family to Great Britain in Manner aforefaid ; and in cafe any fuch Adion, Suit, or Pro- fecutiou fhall be commenced or profecuted for any of the Matters aforefaid, the faid doth hereby covenant and agree to and with the faid Company, that the General Iffue may be pleaded, and this Indenture or any other Special Matter may be given in Evidence by all or any of the Detendants in any fuch Suit, AQion, or Prolecution, in bar, difcharge, and defence thereof, any Thing in thefe Prefents contained to the contrary thereof notwithdanding. And the faid United Company do hereby for themfelves and their Succeffors covenant, proraife, and agree to and with the laid that he the laid truly and faithfully obferving, fulfilling, and keeping the feveral Covenants and Agreements herein exprefled and contained on his Part, to be obfervcd, fulfilled, and kept, fhall and may peaceably and quietly enjoy the faid Company's Protedion. And laitly, it is hereby covenanted, concluded, and agreed by and between the faid Parties hereto, That if the faid fhall be permitted to continue in the Eaft Indies after the Expiration of the faid Term of Years hereby ftipulated, that then fuch his the faid Continuance there fhall be upon the fame Terms, Conditions, Covenants, and Agreements as are herein-before exprelled and contained on his Part during the Term herein mentioned, and not otherwife. In Witnefs whereof to One Part of thefe Indentures, the faid hath let his Hand and Seal, and to the other Part thereof the faid United Company have caufed their Common Seal to be affixed the Day and Year above written. " Sealed and delivered (being firfl duly flamped) in the Prcfencc of - Extract Public Letter from Bengal, dated the i8th Aiigufl: 1794. Para. 5. We have not thought proper to avail ourielves of the Difcretion allowed tp us in the 6th, 7th,, 8tli, and 9th Paragraphs of your Letter of the nth De- qenabcr 1793, for granting Licences to Individuals to remain in this Country, as we have not yet received the Forms advirted to in your InllruQions, which of courfe we deem ncccil'ary fur our Infonnutiou and Guidance. EAST INDIA AFFAIRS. «y EXTRACT BENGAL PUBLIC CONSULTATIONS, the 24th Noveriiber 1794. Agreed in future, That it be made a (landing and an eftablidied Regulation an4 Order, That no Pcrfons who have arrived in Bengal fince the ifl of January 1794, and remain here flnce the Company's Penninion for that Purpofe, fhall have Leav« to fettle in any Part of the Country or out of Calcutta. This Order includes Free Mariners, who, according to the Explanations of the Honourable Court of Directors, with rcfpecl to Free Mariners licenfed to proceed to India, are merely to be confidered as permitted to trade from Port to Port, not lo rcfide as Settlers in any particular Country ; but it is not to be deemed or taken retrofpeclively in its Operation as to any PLnnillions already granted. EXTRACT BENGAL PUBLIC CONSULTATIONS, 6th March 1795. The Governor General lays before the Board the following Minute and j^q. IV. Refolutions : I have confidered with great Attention the Orders of the Honourable the Court of Directors, in their Letters of the iith December 1793 and 28th May 1794, relating to the Covenants to be executed by the Civil and Military Servants of the Company, and in general by Britifli Subjects rcfiding in India under their Protec- tion, with a View to carry into Execution the Purpofes of the Honourable Court in the moft efFeftual Manner. Thefe Orders were received on the nth 0(Stober and 7th December 1 794 rcfpeftively ; the firrt: Covenants arrived in December laft by the William Pitt, and the Remainder by the Lafcelles aiid Royal Admiral. The different Defcriptions of Covenants which have been received from the Honourable Court of Directors, are thofe for, ift, Civil Servants. 2d, Military Servants. 3d, Surgeons and Aififtant Surgeons. 4th, Free Merchants. 5th, Free Mariners. 6th, Pcrfons permitted to refide in India for a limited Time ; and, 7th, Lawyers. The Orders of the Honourable Court of Direclors direct and enjoin, that every Perfon in the Service of the Company be called upon immediately to execute the Covenants proper to his Station, and that on his refufmg to do fo he be difmifled, and have Notice to come Home. That all other Britilh Subjedts refiding under this Prefidency, whether with or without Licence, be forthwith called uoon to execute the Covenants proper to their Stations, and that on Neglect or Rcfufal they have Notice to quit India; which Notice, if they fhould refufe to obey, mud be enforced by fending them Home iri fuch a Manner as the Law allows. That each Perfon (liail execute his Covenants in Duplicate, one Copy of which is to remain in India, and the other to be fent Home. The Covenants are to be witnefled by a Perfon whofe Hand-writing is well known, and can be cafdy proved in England by Perfons who have feen him write. The Dates of the Covenants to be the i ft Day of February 1 794. Each Perfon executing a Free Merchant's Covenant mufl fend home the Names oi Two refponfible Perlons in England, to enter into Securiiy in the Sum of j£'2,ooo; and each Perlon llgning either ol the other Two Defcriptions ct Cove- nants, viz. thofc of Free Mariners, or of Perfons permitted to rtfide in India, mull in like Manner give Security for the Sum of ^^'500. Where any Individuals have not refpedable Friends in England, this Government is authorized to receive Securiiy 61 REGULATIONS RELATING TO Security from Perfons refident in India, and they are to receive a Counterpart under the Company's Seal. The lail ^Vagraph of the Letter of the 28th May 1794 is in the following Terms : " We have likewife fent a fufficlent Number of Covenants to be executed by *' the Military Officers in your Eriablifliment ; and as it has not been ufual thai *' Secuiity Ihould be given for their Performance of the Covenants, you will " deliver to each a Counterpart under the Company's Seal, on their executing a " Duplicate as before meiirioned." The Honourable Court further declare, that they will not allow any Perfons in future to proceed to or refide in India without their Licence, and without entering into the proper Covenants. On the Covenants to be figned by the Civil and Military Servants of the Com- pany, I fliall not at prefent make any Remarks. The Covenants to be figned by the Surgeons, fpecify that Permlffion is granted to the Subfcriber to proceed to India, and to provide for himfelf in the Bufinefs or Profeffion of Surgeon with an Appointment to fucceed to the Station of a Surgeon in the Service of the Company. In this refpect, they are not applicable to the Situation ot Perfons who are to fubfcribe them here, as all thofe v/ho hold the Office of Surgeon or Affiflant Surgeon, are actually already in the Service by the fpecial Appointment of the Honourable Court ; but as I am ignorant of the In- tention which dictated the Form of the Covenant tranfmitted to us, I do not pro- pofe any Alteration in it. Thefe Covenants further prohibit Surgeons engaging in Trade, but no fuch Prohibition is in force in Bengal. From the Terms of the General Letter of the iith December 1793, it appears to be the Intention of the Honourable Court to grant Licences to Perfons already refiding in India, whether with or without Pernuflion, on executing Covenants proper to their Stations, but to fuffer no Perfon in future to refide in India without their Licence ; the Operation of this Prohibition ought in Strittnefs to commence from the Date of its Arrival in India, and it was with a Reference to the Spirit of it, that the Refolution was paiTed on the 24th of November lafl, maldng it a {landing and eftabliihed Regulation of Goveniiuent, that no Perfons arriving in India after the I il January 1794 without the Company's Permiffion, ihould have leave to fettle in any Part of the Country out of Calcutta : Free Mariners were in- cluded in the Rellriftion. One Objeft of which was to guard againft the numerous Applications which are daily made by Individuals for Permiffion to ellablifh them- felves in different Parts of the Provinces, or to afford to any unlicenfed Perfons a Plea for obtaining Permiffion to continue in the Country contrary to the Refolution of the Honourable Court. But it may be fairer to make the Operation of the Order commence of fuch a Date as may avoid the Inconvenience of a retrofpeftive EfFeft, viz. the 3 1 fl December 1 794. It is well known, that notwithdanding the repeated A6Is of the Legiflature de- claring it a Mifdemeanour for any Perfon to refide in this Country without Permif- fion and Authority of the Honourable Court, Numbers of unlicenfed Europeans have arrived in Bengal within thefe few Years, chiefly by Foreign Velfels ; their Arrival remains unknown until a confiderable Period has elapfed, and perhaps until they have engaged in fome Concerns, when their Ruin would be the Con- fequence of fending them to Europe, and the Talk has proved too Jiard for the Humanity of Government. The Regulation which prevents Europeans deriving Benefit from an unlicenfed Aft, may operate in addition to the Exercife of the Powers verted in us by the Legiilature, to check the Repetitions of it. Of this Nature is the Regulation which 1 have quoted. But I do not think that all Perfans who arrived in this Country before the 11th Oftober laft, and who have fince remained in it unnoticed, fliould receive Licences, upon figning Covenants, but that previous thereto we ought to procure the belt poiiible Satisfaftion that they are proper Perfons to receive the Indulgence. This may partly be obtained from the Magiltrates and Colledors, and partly from rtfpeftable Perfons out of the Service. The Covenants tranfiniited by the Honourable Court do not fpecify the Period of Refidence in India for thofe out of the Service. 'Ihc generality of unliceni'ed Perfons come out as Adventurers, without any particular Objed or Profeilion. The Period East india affairs. 69 Period of RcfideP.ce may be limited in ;lll Cafes to Five Years, and the Licences which we are auiliorized to grant may be varied from Two to Five Years. The Amount of the Security to be taken i. Para. 1 25. Form of the Licences for (5.) iMfcretion all-wed of iffuing Li- / j-^ .^j^, „ot in the Company's Service to Ccnccs ot Kitidciice to Jnclividiials has not I • • i j- r i ti yet been fxcrcifed, the Forms adverted torremain m India, were lent on the Thetis and in the Court's inftrnajons not having \ Pitt, which we truft before this Time you W«n received, J have received, Extra<^ 72 REGULATIONS RELATING TO Extraci Revenue Letter from Bengal, dated the 29th December 1794. Mil. Conf. Para. 74. On our Confultations referred to in the Margin, you will find ouf ApT\ils!i794.' Correfpondence wirh the Prefident at Benares on the Subjetl of the Europeans M:.y23, I7V4. vho havc lately fettled in that Zemindarry as Indigo Planters ; and as the Difcuf- ""'II] Ifyl', fions which have been he'd on the Subjedl involve a Quellion of confiderabie Im- Juiy4,i79-i- portance, viz. the Expediency of allowing Europeans to hold Lands in that Ze- iept. >i, 1/94- niindarry, and the Decifion which we have palfed may materially affect the Intcrefts of the Individuals concerned, we deem it proper to detail the principal Circum- flances rel'pefting it for your Information. j^. The voluminous Proceedings which have been held on the Subject origi- nated in a Difpute (which ended in a Fray between the Servants and Dependants of the Parties) between Meffrs. Gilchrifl: and Chaters, the prefent Opium Con- traftors, and who have for fome Time pad cultivated Indigo in that Zemindarry, and Mr. Scott, aifo an Indigo Planter, regarding fome Ground which the latter" aflerted he had a Right to plant with Indigo, in confequence of his having taken the Land in Farm from the Zemindar of the Village, but which the iornier claimed in Behalf of fome Koeries, or Opium Culiivators, who had been difpolfeffed of it. 76. It is imneceflary to enter into the Detail of this Difpute, our Orders refpeft- ing which are contained in our Letter 10 the Refident, dated the 7th March. It is fufficient to obferve, that from a Convitlion of the Diforders that would enfue were Europeans permitted to poifefs themfelves of Lands in fo diftant a Part of the Country, and from a Confideration ot the very difrefpeiSltul Style of the Correfpondence of Meflrs. Gilchrifl; and Chaters with theacling Refident, and of the Necefiity ot giving that Weight and Efficacy to the Authority of the Laws, fo eflential to the Peace of the Country and the Proteclion of the Natives, we Ml.Cgnf. deemed it advifable to pafs Regulations, requiring the Refident to hear and try •jui March. Caufes inffituted by or againll Europeans according to the cftablilhed Forms and Regulations, and to hold no epillolary Correfpondence with them on Matters of a judicial Nature : We likewife direfted him to oblige all Europeans to make them- felves amenable to the Court in Civil Suits not exceeding 500 Rupees, as has lately been done in the Provinces. yj. We likewife refolved, that in future no European fliould be permitted to purchafe or rent a greater Quantity of Land in the Zemindarry of Benares than 50 Begas, and not even this Quantity, until the Confent of the Proprietor fliall have been previouffy notified to the Refident, and he fliall have obtained our J Sanction to the Traniadion. 78. We alio determined, that if any European (hould then be in the PoflefTion of a greater Quantity of Land than that above fpecified, either under our fpecial Sanction, or with his Permilhon, he fliould give Notice to the Occupant that the Leafe was not to be renewed when it might expire, fo as to bring before us any Arguments that in Jultice or Equity might entitle the Renter to a particular Ex- emption ; and we further refolved, that if any Individuals had rented Lands with- out our Knowledge or his Sanftion, that he fhould fend Notice to them that they mufl: relinquiffi the Lands at the Expiration ot the Year. 79- We exprefsly dcfired, however, it might be declared, that it was not our Intention to prohibit Individuals Irom making Advances to Ryots or Manufacturers, vvho might voluntarily receive them, for the Provifion of ludigo or other Articles in which European Merchants are permitted to trade. EXTRACT BENGAL REVENUE CONSULTATIONS, the 7th March 1794. Refolved, That the following Letter be written to Mr. Duncan, the Refident at Benares, who is returned from his Deputation to the Malabar Court, and who has been ordered to proceed to refume the Charge of his Station : To EAST INDIA AFFAIRS. 73 To Jonathan Duncan Efquire, Refident at Benares. No. LXIII; Sir, We avail ourfelves of your Return to Rcnares, to furnifh you with Inftruftions relative to I'everal Matters upon whicli, in Expeftatinn of your early Arrival, we thought it proper to poflponcour Dettrmiuatinn, that we might have the Benefit of your Opinion rel'pcdling them, and of your Experience in carrying our final Orders into Execution. 2. Eioin a Reference to the Records of the Refidency, you •will find that a Charge was preferred to the Ading Refident againit Abdur Rufhud Khan, the Murifiir to the Dewanny Department, for having received a Bribe from the M(Uher of Lullce Sectubpcrlhaud, to prevent the enforcing of a Decree paffed againft her Son in favour of I'ykern. The Aiding Refident decreed the Charge proved, and difmifled the Murifift" from his Office, and further fentenccd him to pay a Fine of Three 'limes the Amount of the dated Bribe, and to be imprifoned, unlefs the Fine was paid before Twelve o'Clcck on the Day on which the Decree was paffed. 3. The Charge againfl Abdul Rudiud Khan not appearing to us by any Means , fubltantiated by the Evidence and the Proreedings of the Ading Refident, bearing Marks of Irre}:ularity and Precipitancy, fuppofing (which was not the Cafe) that our Inflruftions of the 6th of September had veiled him with Authority to difmifs the principal Officers of the Court under any Circumflances, without a previous Reference to us; we thought it proper, without paffing any Judgment on the Merits of the Charge, to annul the Ading Refident's Prvxeedings, and to defirc him to releafe the Murififf, after taking Security from him for his Appearance, and to confider him as fufpended only from his Office. 4. It is unneceflary to notice the p.irticular Points in which the Trial is defedive, a§ they will be apparent to you, upon an Infpedion of the Proceedings. We think it fufficient to dired that, as fx^on after your Arrival at Benares as Circum- ftances may admit, you will require the Mother of Lullec Seetubperfliaud to renew her Charge againfl Abdul Rufliud, and profecute the Inquiry into it to Proof or Refutation, reporting to us the Refult, on which you will receive our further Inftrudion. 5. On the 26th of April lafl, ihe Ading Refident fubmitted to us the Circum- flances of an Affray that occurred between the Zemindars of the Villages of Awnjyar and Narrainpore, in which feveral Lives were loft, and a very confider- able Number of Perfons wounded. 6. It being effential to the future Tranq-uillity of the Country, that the Authors of this bloody Quarrel fhould meet with exemplary Punifhmcnr, and the Evidence recorded on the Trial not being fufficiently clear and fatisfadory to enable us to determine who were the Aggreilbrs, we defire you will order a new Trial en the Parlies, in the Moulky Fougdarry Adawlut, and fubmit to us the Refult, with your Opinion as to the Degree of Criminality of the feveral Perfons concerned. 7. From the Ading Refident's Letter which accompanied the Moolky Treafury Accounts for the paft Year, there appears to be a Surplus remaining in the Treafury of Rupees 1,23,388 •.3:6, after difcharging the fixed Revenue of Govenunent. Agreeably to tlie Principles which have been obferved with regard to this Exetfs in former Years, we defire you will ftate to us your Opinion as to the Purpofes to which vou would recommend it to be applied, fo that it may be produdive of the greateft Benefits to the Zemindarry. 8. On tl^ 3oih of September laft a Letter was addreffed to us by the Ailing Refident, ftating that Sultamaut Sing, a Talookdar of Budlapore, paying an annual Revenue of 22,000 Rupees, had retired nut of the Province to evade Payment of his Arrears, after Two Skirmiihes with Detachments from the Bat- talion flationed at Ivanpore, which had marched to feize him ; and that in con- lequence of his former and prefent Mifcondud he had determined to difpofe of his Lands at public Sale on ihc fifteenth of the following Month, as well to realize the Baliuices due from him to the Aumil, as for an Example to his Adherents. From a Comparifon of the Date of the Letter, and the Period fixed for the Sale of the Lands, with the known Time which elapfes before a Letter can be conveyed from Benares to Calcutta, and an Aufwer to it be received, you •will obferve that (163.) T the 74 REGULATIONS RELATING TO the Afting Refident fcarcely allowed Time for the Conveyance of any Orders to hini before the Date fixed for the Sale, fuppofrng that Circumflances had admitted of the Letter being taken into Confideration inimedialely upon its Arrival, and of an Anfvver to it being inRantly difjatched. But, exclufive of the very precipitate and hafty Approval which we were calltd upon to give to a Meafure of fo much Lnpcrtance, we obferved from the Part of the Correfpondence firll fubmiited to us by the Acting Refident, that his Opinion of the Condud of Sultanaut Sing, previous to the Attempt of the Detachment from the Battalion at luanpore to feize him by Stratagem, had been formed chiefly upon the Reprefentations of the Aumil Sherololl Doby, and from Captain Denby's Letter of the i4ih Auguft it was evident that he was apprehenfive of failing into the Aumii's Hands. Not having the neceflary Information on thefe Matters before us, and no Advices having been previoully tranfmitted to us of the Operations againft Sultanaut Sing, during the Months of Augull: and September whilft they were carrying on, or of his previous Conduft v,hich led to the Orders to feize him, and being reduced to the Neceility of confirming the Sale of the Lands without being fatisfied of the Juftice of the Act, or of at once countermanding the Sale, we did not hefitate to adopt the latter Meafure. 9. The fubfequent Conduct of Sultanaut Sing in refifting the Detachment was undoubtedly highly criminal, as he ought to have furrendered himfelf when fum- moned by the Officer who commanded it, and relied upon the Juftice of Govern- ment for Redrefs had he been injured. We are of opinion, however, confidering that he had paid up his Revenue for the current Year, and that the Sums demanded from him were for Balances for preceding Years, it would have been far more likely to have anfwered the defired Ends if Mr. Treves, previous to fending thefirit Orders to feize Sultanaut Sing, had afcertained by an Examination of the Accounts in the Prefence of the Aumil and an Agent on the Part of the Talookdar, what was the a£tual Balance due from him, and whether he had any Grounds to complain againft the Aumil, and, if no juft Ground of Complaint had appeared, to have recommended the Sale of his Talooks for the Liquidation of the Ari-ear. From the Treatment which Sultanaut Sing had previoully experienced from the Aumil, and the Nature of the Preparations that were made to feize him, and confidering the known Habits of the Natives of that Part of the Country, we are not furprized that hefhould have retix-ed into the Jungles; and it is probable that the fubfequent Difturbances would have been avoided by the Adoption of the Mode above pointed out. Had he omitted to difcharge his Balance, after having been pemiitted to ftate his Obje£tions to the Demand, and attempted to molett the Perfon who have purchafed his Talook, upon its being put up to Sale for'the Liquidation of the Arrear, there would have been ample Ground for feizing him by any Means, or driving him out of the Country. 10. Upon a Review of the Correfpondence on this Subjedt, we fee little Probability of Sultanaut Sing being able to cft'er any Vindication of his Conduct in refifting the Detachment and committing the fubfequent Devaftations in his own Talook and the neighbouring Villages ; previous, however, to ordering the Sale of his Zemindarry, we think it proper to dire£t, that upon your Arrival at Benares, you will allow him to fend in any Perfon to you to urge what he may have to adduce in his Defence, but we do not think it would be proper to offer him a Pardon upon Condition of his furrendering l.imfelf. If he returns, it fhould be without any Stipulation except that his Condu»S fhould undergo a fair and regular Trial. Should he neitlier come in of his own Accord, nor offer any Juftification of his Conducl within the Time you may limit after his Receipt of your Requifition to him for that Purpofe, you will inform us, that his Talook may be difp jfcd of in fuch Manner as may appear to us proper. 1 i.Cojnfidc-iing all the Circumftances refpccting the Cafe of Sultanaut Sing, and the Mifreprcfcntations that the Aumils may be induced to make regarding the Conduft of Zemindars, upon whom they may have Demands ; v/c think it would be proper lor you to require the Aumils to fend into Benares all Land- holders vvliom they may have Occafion to take into Cuftody for Balances, that they may be confined in the Jails in the City until they liquidate their Arrears, A Regulation of this Nature, at the fame Time that it will render the Aumils. extremely EAST INDIA AFFAIRS. f^ extremely cautious of making any unjufl; Demands, will afford Defaulters an Opportunity of reprefcnting to you any Complaints that tiiey may have to allen-e agalnll the Aumils, and obviate thnfe Apprehenfions v/hieh the Ix-ing feized and confined by the Individuals who have Demands upon them, nmn; naturally infpire, and which may often excite them to defperatc Meafures, that they would not have recourle to were they fatisficd (as it is probably they would be were they to be ordered to be fcnt into Benares) of having an Opportunity of defending their Conduct before you in Perfon. 12. The Afting Refident has fubmitted to us a Correfpondence between him and McfTrs. Gilchrifl: and Chaters, on the Subjeft of their Privileges as Oi^iuni Contradors, and a Difpute tliat arofe between[them and Mr. Scott, rcfpc£lii;g fomc Lands held by the Koerees, or Cultivators of Opium in Amghaat. 13. With refped to the Merits of the Caufe between the Cubboolcatdar and the Koerees, it appeared to us that Mr. Scott, to whom the Cubboolcatdar had farmed the Village, was guilty of an aci; of great Violence as well as Difrcfpedl to the Ading Refident, in taking upon himfelf, with the Afliflancc of the ChupprafTe who was lent with an Order to the Aumil to adjufl the Difpute, to feize the Koerees, and to plough up the contefted Lands, and fow them with Indigo, whilft the Caufe was depending. The Claim of the Cubbooleatdar upon the Koerees for Balances, and confequently his Right to difpolTefs tlicm of the Ground, not having been decided ; we directed them to be reltored to the Pof- feflion of the Lands, and thought it proper to order Mr. Scott and Mr. Johnfon, who had taken the Law into their own Hands, to hold themfelves in readinefs to repair to Calcutta in Three Months. 14. With refpeft to the Right of the Cubbooleatdar to difpoflefs the Koerees, and the fubfequent Fray between the Sen^ants of Mr. Scott and thofe of the Opium Contractors, which, as far as we are able to judge, was occafioned by the previous Mifconduft of Mr. Scott, and which Meflrs. Gilchrifl and Chaters declare did not originate in confequence of any Orders from them, you will revife the Proceedings held upon the Subjeft by the Gazeepore Court, and pafs fuch Decifion upon it as may appear to you proper. 15. On the feveral Requefts of the Opium Contraflors, in their Letter of the 15th September, we defire you will obferve the following Inflrudtions : 16. Art. I. You will fend to the Aumils, or other Perfons immediately re- fponfible to Government for the Revenue, a Copy of the printed Advertifement containing the Terms of the Contradt, and inform them that Meflrs. Gilchrift and Chaters are the Contractors on the Part of Government for the Provifion of Opium, and that although it is by no means their Intention, as exprefled in the Advertifement, that any Perfon ftiall be obliged to cultivate the Poppy againft his Inclination, it is their Wifh that every Encouragement fhould be given by the Cubbooleatdars to that Cultivation fo long as the Contractor pays thcin the fixed Price for the Opium, and in his Dealings with them conforms to the Rules pre- fcribed in the Advertifement. 17. Art. 2. The Requeft contained in the FirftPart of this Article is upon a Variety of Grounds improper, and confequently inadmiffible. The Cultivators of the Poppy mufl: have recourfe to the Courts of Juflice, in the fame Manner as other Individuals, whenever they may deem themfelves injured. We do not fee what Advantage thofe who are entitled to Redrefs will derive from the Con- tractors Handing forward as their Agents, as the Laws will take their Courfc, by whomfoever the Caufes may be pleaded. There can be little Doubt, however, but that many of the Cultivators would avail themfelves of fuch an Interference, were it to be authorized, to withhold the jufl Dues of the Cubbooleatdars. 18. We can have no Objection to Mellrs. Gilchrifl: and Chaters fubfcribing themfelves Contractors for Opium in any Letters which they may have Occafion to write ; at the fame Time, we fee no Advantage which they can derive from ufing the Defignation upon private Occafions, as it will give them no Power or Authority in their Communications or Concerns with Individuals, which muft be fettled by the Courts of JuRice whenever they may become the SubjeCt of Difpute. 19. Art. 3. ,y5 REGULATIONS RELATING TO 19. Art. 3. We flionld have no 01)je£lion likewlfe to the Peons of the Con- tractors being permitted to wear Badges, were we latisfied that the Aumils and Ryots would be convinced that the Objeft of their being allowed to bear this Mark of Diftinclion was folcly to prevent other Peons affuniing the Character of Servants of ihe ContraGors, for the Purpofe of committing Abufe ; but we are of opinion that the Reverfe would be the Cafe, and that a Compliance with this Requeft would imprefs.the People of the Country in general with an Idea that the Chuppraifers are Office's of Government, or that the Contractors were veiled with a public Conn oul or Authority over the Aumils or Cultivators of the Poppy, and confequently might be perverced by their Officers to the Purpofes of Abufe : We have theretore rcfolved to reject this Requefl.. 20. Our Inftrudti'jns on the 2d Article of the Contraciors Requefls will of courfe point out to you, that it is not our Intention that their Peons ihall be allowed to interfere between the Cultivators of the Poppy and the Aumils and the Cubboo- leatdars. The Engagements which may fubfift between Perfons of this Defcrip- tion are wholly unconnefted with the Opium Contra£t ; and the Contraftors are not to interfere with any Difputes or Claims that may arife between the Parties, the Cognizance of them belonging exclufively to the Courts of Juftice. 21. Art. 4, The Order requefted in this Article would be as irregular as it is uniKceffary. The Parlies aggrieved may always obtain Redrefs by applying to the eflabiilhed Tribunals. 22. Art. 5. Mr. Scott porTeiTes no Rights or Privileges as a Contractor for In- digo, exclufive ot thofe which are enjoyed by every other Merchant, whether Native or European, living under the Proteftion of Government ; and Meflrs. GiLhrill and ChaterSj as Opium ContraSors, are upon the fame Footing, with this Difference, that the Cultivators of the Poppy are bound to deliver to them all the Opium which they may produce at the (lipuiated Price. Their Engagements with the Ryots who cultivate the Poppy are no more than private Contratts be-« tween Individuals, and the Courts of Juftice alone are entitled to take Cognizance -tore mentioned, that we confider the Provifion of the Opium in Benares (even fLippohng it could not be effected excepting through their Agency) of little Im- poriaiicf; compared ui h the Piefervation of a due Subordination to the Laws and public Authority of the Refident, or the Happinefs and Profperity of the great Body ot the People, which depend upon the Laws being flridly and impartially enforc'-d in all Liafes of Pr ^perty, whether the Intereits of Individuals or the Financial Interefts of the Public be concerned, and that in the Event of their being guilty of any fiinilar Mifcondud in future, they will certainly experience the heavieft Marks of our Difpleafure. You will likewife inform Mr. Scott, that he derives noexcliiiive Privileges from his Contract with the Company, and that jQiould he commit any fimilar Ads of Violence, or deviate from the eftablilhed Laws and Regulations of the Country, we ihall compel him and his Servant Mr. Johnfein to quit the Zemindarry. 26. To prevent all future Correfpondence of this Nature, vhich, bcfides occu- pying unnecefTaiily the Time of the Courts, is iiTCj^ular, inconliftent with the 4 Forms EAST INDIA AFFAIRS. 77 Forms of Judicial Proceedings, and the relative Situations of the Judges and the Suitors ; wc think it proper to prohibit you and the Courts in the (jty of Benares, Guzeeporc, Juanpore, and Mirzaporc, from coirefponding by Letter with any Pcrlbnrcfpefting Matters depending before the Courts, or which may come within their Cognizance. If a Party in a Suit, or any Perfon amenable to the Jurifdittiou of the Courts, fliall have any Matter to rcprefent to the Courts, they are cither to .appear in the Court in Perfon, and (late the Matter in Writing, or to mnke the Reprefentation through their Vakeel. 'Ihc Courts, in fuch Cafes, are to pafs what- ever Order upon the Reprefentation may appear to them proper, and to direft a Copy of the Order to be delivered to the Perfon making the Reprefentation, or to his Vakeel, under the Seal of the Court. If the Parties are diffatisfied with the Order, they mufl flate their Objeclions to it to the Court of Appeal, if the Caufe fhould be appealable, and the Party fliould think proper to prefer an Appeal. We further defire that it may be notified, that all (Objections which Panics may have to ofl'er to the Proceedings or Decifions of any Court are to be forwa;dcd tlirough the Court, in the Form of an Appeal, to the Court to which the Appeal may lie, or to be prefented to the Court having appellate Jurifdiction. After the Decifion of the Caufe you will adhere to this Rule in Appeals to you from the fubordinate Courts in the Zemindarry, and we fhall order it to be obfervtd. in Appeals that may be preferred in your Decifions to us. 27. Without forming any pofitive Decifion on the Propriety of Europeans Tefiding in the Zemindarry of Benares for the Pur.pofes of Trade, whilfl ihey condud thcmfelves in a peaceable and orderly Manner, yet, from the Circum- ilances which appear in the Correfpondence above referred to, we confider it effential that the Ryots and other lower Orders of the People, to whom Advances may "be made by Europeans for the Provifion of Goods or Articles of Trade, fliould have a ready Mode of recovering any Claims which they may have upon them. We therefore direft that you require all Europeans (excepting King's OfF.cers ferving .in the Bengal Eflabliflunent, Covenanted Civil Servants of the Honourable Company, and their Military Officers, who now refide or may here- after take up their Abode in Benares) to execute the accompanying Bond, render- ing themfelves amenable to the Courts of Judicature in Benares in Civil Suits that may be inflituted againft them by Natives, for Sums not exceeding 500 Rupees. Should any European of the Defcriptions above mentioned, now reliding in Benares, refufe to execute the Bond, you will require lum to repair to Calcutta within Twelve Months from the Date of your Requiliiion to 'him for the Execution of it, and compel him to obey the Requilition fliould he reiufe to conform to it. 28. With refpecl to Europeans of the Defcriptions before fpecilied, who may- hereafter proceed to Benares to fettle there, you will not allow them to take up their Refideiice in the Zemindarry without their previouily executing the litjnd. 39. We further dired, that when Europeans of any Dclcription may fue Na- tives in any of the Courts, they be required to execute the accompanying Bond, and that no Procefs whatever be held in the Suit until they have executed the Deed. 30. It is perhaps unneccfTary to -emark to you, that the Inflirudions in the Paragraph do not relate to MeiiVs. Gilchrift: and Chaters as Opium Contractors, in which Capacity they are made amenable by the Terms of their Contrad to the Provincial Courts in all Matters relating to their Contrad. With refpecl; to any other Dealings they may have w ith the Natives, they are of courfe to be confidered ;upon the fame Footing as other Eurojiean Merchants, and to execute the Bonds now tranfmitted to you in the Cafes to which they relate. 31. It is not our Intention that Europeans fhould be allowed to acquire any landed Property in Benares beyond what may be fufficient for the Eredion of Iloufes or Buildings for carrying on Manufaclures, or that they fliould hold a greater Quantity of Lands upon Leafe than may be fufficient tor the above Pur- pofes. The Difputes which arofe at Amghaut in confequence of the Zemindar having farmed the Village to Mr. Scott, as well as other Arguments, render a Itrid Adherence to this Determination effential to the Welfare of the Country. We accordingly dired, that in future no European be permitted to puixhafe or .^ent a greater Quantity of Land in the Zemindarry of Benares than Fifty Bejahs, (1^3.) U and ^8 REQULATipNS RELATING TO and not even this Quantity, until che Confent of the Proprietor (hall have been previoufl) notified to you, and you (hall have obtained our Sanftion to the Tranl'- aftion. If any European now iiolds en Leafe any greater Quantity of Land than that above fpetitied, either under our fpecial Sanftion or with your Penniflion, you will give Notice to the Occupant that the Leafe is of courfe not to be renewed when it may expire, which will bring before us any Arguments that in Juftice or Equity may entitle the Renter to a particular Exemption. If any Individuals have rented Lands without our Knowledge, or your Sanftion, we dired: that Notice be given to them that they niufl: relinquifli the Lands at the End of the Year. 32. The Orders in the preceding Paragraph are not intended to prohibit Indi- viduals making Advances to Ryots or Manufacturers, who may voluntarily receive them, for the Provifion of Indigo or other Articles in which European Merchants are permitted to trade. We are, &c. (Signed) J. Shore. 7th March 1794. R. Abercromby. W» CowjEa. -EXTRACT BENGAL REVENUE CONSULTATIONS, the 23d May 1794- Refolved, That the following Letter be written to the Refident at Benares. Ko. LXVI. To Jonathan Duncan Efquire, Refident at Benares, Sir, 1. We have received your Letters of the loth and 1 7th Inflant, with their refpedlive Inclofures. 2. Previous to palFing any Determination on the Reprefentation of the Indigo Planters in Benares, we think it neceffary to notice particularly their Conftrudtion of our Oi-ders of the 27th January 1790, on which they found their Claim to a Re-confideration of our Refolutions of the 7th of March laft, as we conceive it to be wholly unwarranted either by the Letter or Spirit of them. 3. The 54th Article of the Revenue Regulations of the 8th June 1787, pro- hibited " the Colledors from giving any Land in farm to any European diredly " or indirectly." 4. This Regulation having been tranfmitted to you officially by the Board of Revenue, with Intimation that we had decided that the Spirit and Meaning of it extended to Europeans who might have procured Pettahs from Farmers in the Mofuffil, you acquainted us, in your Letter of the 24th July 1788, " that you " thought it a neceflary Precaution on your Part, in confequence of the Board of " Revenue having officially fent you this Notification, although the Regulations " referred to in it had not yet been laid down as a Rule for your Guidance, to " mention, that there was one Gentleman in your Diltricl, Dr. Gilchrifl, who, " for the Purpofe of raifmg Indigo, which he was permitted to do by an Order of *' Government, was, you believed, under the Neceflity of renting fome Land ia " the Pergunnah of Gazeejwre, from the Rajah's Aumil there, but that you wire *' not aware that any Evil refulted from fuch renting on his Part ; and that all *' Europeans at Benares, yourftlf not excepted, had from Neceflity in fome *' Meafure fub-rented to the native Farmer in Sheepore, where your Gardens and " Places of Abode were fituated." 5. On the 6th Auguft 1788, we acquainted you in Reply, *' that we did not " confider the 54th C'iaufc of the Revenue Regulations of 1^87 as extending to -*' the Lands in Peigunnah Sheepore, in which the Iloufes and Places of Abode ** of the Europeans rcfiding at Benares are fituated, nor to the Grrjund in Pergun* ^^ nah Gazcepore, rented by Mr, Giichrift for the Purpofe of carrying on the ^ Manufa(^ture of Indigo." 6. When EAST INDIA ATTAIRS. 75 6. When this Reply was written, we were not aware either of the Extent of the ■Ground of which Mr. Gilchrifl had poflt'lfcd hinifelf, and Hill Icfs of the Tenure under which it was held. 7. But upon the Receipt of your Letter of the r6th November 1789, in which you informed us that Meflrs. Gilchrift and Chatcrs had obtained a '■I'alook mfarm, from CofTimbey the Aumil of Gazeepore, we dirccled in our Letter to you of the f7th January 1790, that they fiiould be iuiincdiately dilpoflcfTed of the Kami; '^ but in Confideration of the heavy Expence incurred by than, and as the I'.xtcnfiun " and Cuhivation of Indigo would under proper Regulations be beneficial to the " Country at large, we authorized you to acipiaiiit MciTr^. Gilohrid and Cliatcrs " that we had no Objection to their coiuinuing their Maiiuiacturc, and to their *' making Advances to fuch Ryots as might be willing to cultivate and fumidi " them with the Indigo Plant, or to thtir holding Land upon Pottah from the *' Zemindars or Farmers, in the fame Manner as other Ryots, for the Purpofes of " cultivating the Plant themfelves." 8. In referring to this Order, the Memorial ftates that the Governor General in Council " iifued an Order under Date the 27th January 1790, CKprt-fshj prohibiting *' renting Villages according to the Tenure by which they, MelTrs. Gilchrifl and •' Chaters, held them, and directing them to be inflantly refumed by the original *' Tenants ; but at the fame lime perniitUng Europeans to rent Land merely as " Ryots, for the Cultivation of Indigo, -ujithout any Stipulation as to (Quantity or " Situation." 9. That our Orders above mentioned do not exprefs any fuch general PermifTion as is dated in the preceding Quotation from the Memorial, is evident from a Re- ference to the Terms of it. 10. That they convey no fuch implied Permillion, is equally apparent. 11. It has long been an eftabliflied Rule that no European fliall hold Lands in the Interior Parts of the Country, without the exprefs Permiflion of Government ; and although we have in many Inftances, for fpecial Reafons, permitted Europeans upon their Application to hold Lands for carrying on Manufadures, or for other Purpofes, the Permifhon granted to fuch Individuals cannot be conftrued -into an Abrogation of the Rule, but on the contrary, proves the Exiltence of it, 12. If this Line of Policy has been invariably obferved in Bengal, it cannot be prefumed that it could ever be our Intention to abandon it altogether in Benares, where the Arguments on which it is founded apply with additional Force. 13. But to leave no Room for doubt upon this Point, it is fufficient to refer to Mr. Culleii's Application to us of the 2oih April 1793, for Orders to the Acting Rcfident at Benares to procure him 3,000 Begas of Land upon Leafe in Bogle- pore, which we refufed to comply wiih ; and if we did not proceed to difpoflefs him of the Lands which he then rented, the Indulgence gives him no Claim to Exemption from the Operation of our Orders of the 7th March, and flill lefs to the other Gentlemen whofe Names are fubfcribed to the Memorial, and who have obtained and held their Lands entirely without our Knowledge or Sanftion. Whatever Lands, therefore, are held by thefe Gentlemen, without our exprefs Fcrmilfion, are liable to Refumption under our Orders of the 7th March, nor have they any Claim upon the Ground which they have affuined for the Sufpenfion of them. 14. The Difputes between the Planters and the Aumil Zemindars and Ryots, as detailed in your Correfpondence now fubmitted to us, as well as the Difturbancea at Gazeepore, which fuggefled our Orders of the 7th March, added to the Cir- cumllances ftated in the 3d Paragraph of your Letter, and the Reafons which you have aihgned in the Paragraph, for propofmg that every Indigo Planter fliall be required to have at all Times a Vakeel in attendance at your Cutcherry, atiord convincing Proofs of the Necefllty of enforcing thofe Orders equally in Benares as hi Bengal. 15th. We are aware, however, that many Individuals as well as Mr. Cullen may have pofleffed themfelves of Lands without our exprefs Sanction, and that their not being prohibited from holding them in the firll; Inflance, may have in- duced them to believe that they were not deviating from public Regulations. J Upoa to REGULATIONS RELATING TO .Upon thefe Grounds, and in Confideration of the heavy Lofs which they might fuftain were they to be compelled immediately to reliiiquifli their Concerns, we fliall have no Objedion to allow them to reap the full Benefit of any Lands that they may have actually fown with Indigo, and to afford them ample Time to make the necelfary Arrangements with the Ryots or other Individuals to furnifli them with the Weed in the fame Manner zs k is procured by the Planters in Bengal. 16. Upon the above Grounds we have paflTed the following Refolutions : ly. Firfl — That ail exilHng Leafes of Lands, for the Parpoie of cultivating Indigo, aftually and bona fide obtained before the 7th March lafl by any European, Le allowed to remain in force until they expire, provided the Term of them fhall not extend beyond the Period of the Decennial Settlement. Second — That all Leafes obtained directly or indirectly by Europeans, either in their own Names or diofe of others, fmce the 7th March, be declared null and ■void, and that the Leffees be immediately difpolTciTed. Third — That in future no new Leafes for Lands fliall be entered into direflly or indiredly by any European, and that all fuch Leafes fliall be void, and the Leflee not only be dilpolleired, but be liable to be ordered immediately to Calcutta. Fourth — i^fter the Expiration of the lafl Year of the Decennial Settlement, no European fliall be permitted to rent or hold any Land diretlly or indiredly, either in his o^vnName or that of others. I'his Rule, however, is not to extend to Land not exceeding 50 Begas which Europeans fliall be permitted to purchafe or rent for the Purpole of erecting Dwelling-houfes or Buildings for carrying on JVlanufactures, provided they previoully obtain the Sanction of the Governor General in Council, through the Relident, to purchafe or rent the Land. Fifth — If any Native Servant, or Dependant of any Britifli Subjed or other European, fliall intercept on the Road or otherwife unduly feize any Bhoofa or other Property, he fliall, on the Party injured complaining to the Refident, and on the latter's feeing fufticient Ground for fuch a Mode of Procedure, be committed by him for Trial for fuch Violence to the Foujdarry Court, and befides fuffering fuch Punifliment (in cafe of Convidion) as the Court may inflift, fuch Servant fliall be thereon rendered incapable of entering again within the Diflrift, into the Service of any Britifli-born Subject or other European, in any Capacity whatfo- ever, and in all Cafes of undue Seizure of Bhoofa or other Property as aforefaid, by any Britifli Subjed or Subjects, or by hia or their Servant or Servants on their behalf, it (hall be the Duty of the Refident to enter, on the Receipt of any Com- plaint to this Efieft, on a fummary Inquiry into the Circumllances of the Cafe; whereupon every fuch Britifli Subject fliall fl:ri(!:lly and without Refcrve conform to any Requifition or Order that he (the Refident) may thereon in"ue for full Reilitutio'.i of the Bhoofa or other Article fo detained to the proper Owner, as •well as for the paying to the latter fuch Indemnification, and Damage as the Refl- uent may award. Sixth — In the Event of the Servants of any Britifli Subjects attempting to prefs into or forcibly to carry away for their Mailer's Service any Artificers, Work- men, or Labourers, they fliall be liable for every fuch Oflence, to be themfeives apprehended by the proper Local Officers of Government, and brought thereon to fuch Trial or Punifliment as the Laws of the Country j)oint out, befides being, in all Cafes where Convittion fliall enfue, rendered incapable (in like Manner as is expreffcd in the preceding or 5th Article) of aftiug again in the Service of any European. Seventh — No Britifli Subjeft fliall be permitted to cut down any Trees, unlefs the Owner fliall have previoufly and voluntarily have fold them to him, and exe- cuted a Writing attefted by l"wo credible WitneiTes, exprefling his Confent to the Sale of the Trees and the Price of them. Eighth — In the Regulations of the 7th of March laft, prohibiting all epiftolary Correfpondence between the Refident or the Native Judges of the feveral Courts, and Parties in Suits or Complaints brought before them, it is direded, with a View to facilitate the Refident's inquiring into and fettling the frequent and various Com- plaints that are preferred in rcfpedt to the Indigo Cultivation and Manufac- ture, that the feveral Pcrfons concerned in it (ball at all Times iiavc in attendance, ju EAST INDIA AFFAIRS. 8i in the Rcfident's Ciitcherry, well-informed Vakeels on tlidr refpedivc Parts pro- perly auihorized and in{|;ru(Sled to deliver competent Anfwers to and Explanations in the IliiKJoo Tongue of luch Allegations as may from 'J'imc to 'lime be alleged' by any of ihe Natives agaiall their Conilitucnts or their Servants. Ninth. — No European (hall Icize or confine an individual Rvot or other Perfon. or do any :if the Acts wliich their Servants are prohibited doiiijr by ihefe Rei;ula- tions ; and where it fhall be proved to the Satisfaction of the RefideMts, that the Servanis of any fuch Briiifh Subjeds have done any fuch Acts by the Orders or with the Connivance or Knowledge of their Mailers, the latter fliall be held relpon- fible for the Ait, and Ihall be confidcreJ to have cunimittcd a Breach of the Regulations. Tenih. — F.very European Indigo Planter (hall fign and perfonally engage for t!;e Adherence to the above Anicle.s, or any other Regulations tliat may be hereafter tnai^ted refpeiJ^ing them under the Penalty of 500 Kupees for the firft Offence, and of being fent to Calcutta for the I'econd. Eleventh. — No European is to take up his Abode in the Zemindarry of Benares vvhhout the Sanftion of the Governor General in Council. The Refident is to fend any Perfon guilty of a Breach of this Rule to Calcutta. I B. In the mean Time we dcfire you to afford every Encouragement to Meffrs. Baird, Turnbull, and Macklew, to contraft with the Ryots for Indigo by the Begah or Bundle ; and alfo to the Propofal of Mehendu Ally Khan, acquainting the latter, however, that he will not be permitted to avail h;i:if. If of his official In- fluence as an Aumil, or of the Sanftion vvliich we have given to his Propofal, to compel Ryots or any Individuals to plough or work upon the Lands againft their Inclination, or toexercife any undue Authority whatever in tlie Management of the Concern. You will likewife apprife him, and all the Auinils, and the People of the Country at large, that the Government has no immediate Concern what- ever in the Provifion of the Indigo, and that the above Meafurcs have been adopted folely upon the Ground that the Introdudion of a new and valuable Article of Produce cannot fail to be produftive of Advantage, both to the Cultivators and Proprietors of the Soil as well as to the Merchants, provided that the Trade in it can be conducted without Prejudice to Individuals, or to the good Order and Government of the Country. 19. It will afford us much SatisfaSion, fliould the Ryots be induced to under- take the Cultivation of the Plant, and to deliver the Weed to the Manufacturers in the Manner pradtifed at Bengal : hut we at the fame Time think it neceffary to defire you will acquaint the Planters, that if the Reverfe fliould prove the Cafe, it is our Determination to adhere flriclly to the above Regulations ; as, however de- firous we may be to promote the Cuhivation of Indigo in the Zemindarry, the Object is of little Importance, compared with the Eufe and Happinefs of the Natives. 20. You will likewife apprife them, that as ample Time is allowed them to clofc their Concerns, or to mnke Arrangements for procuring the We^^d by Contradl with the Ryots, they will have no Claim upon Governtnent hereafter, either for tiie Po!f ponement of the Operation of the Regulations, or for any further Indul- gence whatever. Extrad Revenue Letter to Bengal, dated 3d February 1796. Letter from, 29th Dec. (794. -\ Para. 34. Having perufed the very volumi- to (he Kclidince ot Europeans, and lor > , o u- 1. f 1 i- l i -^ "" the reiuinj; Lands witliiii Ik- Zemindarry i V^^ Subjett of tlie Europeans who have lately of Benares. 'J fettled in the Zemindarry of Benares as Indigo Planters, we approve of your feveral Orders and Refolutions relative thereto, as contained in your Letters to the Refident of the 7th March and 33d May 1794 ; and we truft that the late Regulations will effectually teni figned by the Secretary to Government. 30. That the i'everal Magiftrates and Refidcnis be required to tranhnit annnnlly to the Regillei's Ollicc, lo as to airivc before the i\\ of November of each Year, Lifls of the Europeans residing in tiieir refpeftivc L^id ricls, to enable the Regiiter to render more complete the Information required by the before-mentioned Para- graph of the General Letter of the 1 iih December 1793, and at the fame Time toafcertain whether there be any Europeans refidhig therein who have not entered into Covenants, and received lae Government Licence for their local Rcfidencc. 31. That in order to afcertain any Perftms who may here::fter arrive in Bengal by Foreign Vefl"els, as well as for Obje(5fs of Police, it be made a Siraiding Regulation : 32. That the Commanders of all Foreign Vefl'els importing at Calcutta be re- quired, on their Arrival, to deliver into the iVIafter Attendant's Office a Lilt, fpe- cifying the Names of the Commanders, Otlicers, Crews, and PalTengers on board the faid VefTels ; and that the Malter Attendant be required to report to the Re- giller the Names of any Paffengers, and to keep in Depofit all the LiRs, furnifhing a Copy of each to His Majedy's Juftices of the Peace. 33. That the Cuftom Mafter be pofitively prohibited from permitting any Foreign Veflel to import at Calcutta until the Mafter Attendant Ihall have certified that fuch Lift has been deUvered to him. 34. That all Bridfli Subjects in the Company's Civil or Military Service, or having a Licence to remain in India, are prohibited, after the 15th March 1796, from giving AfTulance and Encouragement to the Refidence of any unlicensed Perfon in India. 35. The Mader Attendant is further enjoined to report to the Secretary of Government the Name of every Foreign Veliel, and of the Commander, who fhall ncgled:, within 48 Hours alter his anchoring at C^alcutta, to comply with the prefcribed Regulations. Agreed, That in conilderation of the Duties of the Office of Regifter of Cove- nants, he be allowed tne Monthly Sum of 500 Rupees ; and as the Functions of his Office cotnmenced on the ill of April laft, fince which Time the Formation of the general Rcgifler h.as been going on, that his Salary commence from that Date. That he be further allowed Two Clerks, One at 100 Sicca Rupees and One at 60 Sicca Rupees per Month, to be drawn for froin the fame Period ; and that he be alio allowed tiieufual Sum of 250 Rupees per Month for furnifhing an Office where the Inhabitants may attend for the Execution of their Covenants, wherein the Covenants executed may remain in Depofit, and the current Detail of the Regifter Duties be performed : but as the Neceflity of this laft Expence will not exiii until thefe Regulations take Eflett, the Operation of this Part of the Order is fufpended until the ifl of Auguft. Agreed, That the Regifter be alfo authorized to receive the following Fees from the Peifons executing Covenants, which are to be paid at the Time of figning them, viz. For every Free Merchant's Covenant (Sixteen) 16 Sicca Rupees: For every Free Mariner's or other Covenaat of Refidence, on wliicti the Security given is (1&3.) Y ^500. 86 REGULATIONS RELATING TO ^5®o. (Eight) 8 Sicca Rupees : For every Free Mariner's or other Covenant of Refidence, on which Government may be induced to leffen the Security below ^500. (Four) 4 Sicca Rupees : For every Licence for Local Refidence (Two) 2 Sicca Rupees. Ordered, That a fufficient Number of Licences for Local Refidence, and of the Security Bonds for Fiee Mariners and others, be printed at the Company's Prefs, and furnifhed to the Regifler. Form of the Licence for Local Refidence. " THESE are to certify, that A. B. having [with the Confent of Direftors, as the Cafe may be] duly executed the Covenants of a Free Merchant [or Perfon permitted to refide in India for a limited Time], has alfo obtained the Licence of the Governor General in Council to refide in the Diftrict [or Diftrifts] fubjecl to the Judicial Authority of the Judge or Magiflrate of , and to follow his lawful Occupation therein, fubjecl to the Conditions cxpreffid in his Covenants aforefaid, and to conforming to all the Regulations of the Governor General in Council now in force or that may hereafter be eftabliflied. Dated at Fort William this Day of ^79 5- (Signed) T. D." N. B. In the Event of the Licence being granted for the Dominions of His Excellency the Vizier, the Permiffion is to be confined to the City of Lucknow, or one of the Company's fixed Military Stations ; and Licences of this Kind can only refer to Perfons already there. No.XLir. EXTRACT BENGAL POLITICAL CONSULTATIONS, cgth February 1796. Extraft of Letter from G. F. Cherry, Efquire, Refident at Lucknow, dated 15th February 1796. I do myfelf the Honour to enclofe the Tranflation and Copy of a Letter which I have received from his Excellency the Vizier. 2. Notwithftanding the dilatory Progrefs of the Meafures dire£led by his Excellency in regard to his Affairs, I beg Leave to obferve, that the Letter now tranfmitted for your Confidcration and Inftruftions appears replete with eflential Points, and particularly difplavs a defire for the Encouragement of the Commerce, that has hitherto laboured under all the Difadvantages with which the narrow Principles of Eaftern Politics could have encumbered it. 10. The Commercial Treaty, the Intimacy between the two Governments, and the intercourfe between the Subjefts ol" each, the Benefits arifing to each State, and to their individual Subjeds, from the Commerce of both Countries, point out that the Refidence of any Clafs of foreign People in either Territory, for the Purpofe of Trade, is materially connefted with the SubjeCl of his Excellency's Letter j and his Excellency has introduced the Refidence of Europeans in Oude in it, as well becaufe the greateli Commerce of his Country is carried on by them, or in. their Names, as becaufe they, as being Englifli Subjeds, are under the more efficient Authority of the Englifh Government, refide in Oude by a mutual Indul- gence, and confequently demand that the Exercife of a Controul over them fhould, appear a mutual A£l. 11. I fliouid be wanting in Candour toward the Generality of Europeans re- fidlng In Oude, did I not obferve, on this Part of his Excellency's Letter, that the Error's of which he complains have been the natural Refiilt of a weak and ill-admini(lercd Government, that 1 have always found thefe Gentlemen obedient to the Commands of the Vizier's Government, as well as to the eftablKhed Regula- tions of the Company's; but that the Want of Juftice, the Channel of Intrigue which that Want points out as the Alternative, and the ReaUinefs of the Chief OfHcers EAST INDIA AFFAIRS. 87 OfBcers of this State to unite in fuch Cliannel for their own Benefit, have rom- pelied Kuropeans, as a fole Rcfourcc for any Commerce whatever, to have Recourfo to Means foreign to eflablilheti IvLgulaiions, and which arc now objected to by the Nabob. 12. On tliis Acconnr, in the Correftion of an Evil of which his Excellency complains, I humbly prclun^c to oblcrvt-, that iVlcafurcs calculated to provide ;he Remedy required Ihould be framed with due Attention to the real Caufe of it, viz. the Wcakneis of the Government, and to the E.xtent of the Incumbrances which Individuals have brought on ihenil'clves, whether encouraged thereto by 1^0/1)6^3 of Benefit, or compelled by the Want of an Alternative. On whatever Grounds his Excellency objefts to the Farms held by Europeans, the Pra'Stice is of olj Ihuidiiig. 'I hey have expended large Su'iis of Money in Factories, Advances, &c. ; . and the immediate Execution of the Vizier's Pleafure, in this Refpett, cannot fail of bringing down Kuin on them, without Benefit to the State. I will notprefume to dwell much on the Argument urged in general in tliis Refpecl, however true it may be, viz. that their Labours are ufeful to the State, as well by employing its ManufaQures as by their Encouragement to Cultivation, and their Punctuality in Diicharge of their Revenues, bccaufe political Grounds may be introduced in Favour of his Excellency's Objeftions : but I conceive, th^t liis Excellency's Wifh'(::s may be complied with, and the Ruin which hangs over the Eurojiean Merchants now in thefe Provinces may be preveiUed, by obtaining for them a Privilege in regard to Time. Wirii this View, I requeft your Ptrmiirion to apply to his Excellency in their Behalf, fov an Extent of I ime to the Period of their exiiting Engagements with the Aumils, to demand rVon\ them an Obligalion, promiilng neither to renew their Engagements, nor to difpofe of their Licence, without the Vizier's written Santlion : And, in order to convince his Excellency that this Application is not meant to continue a Praftice to which he has now for the firit 1 ime declared his Objections, I beg Leave farther to ufe your Authority in alfuriiig him, that on the Expiration of the prefent l.eafes new ones flia'.l depend on his Plcaliire ; nor fhail any Demands on account of Buildings or other Ex- pences be confidered as pofTeirmg any Weight. On the other llLinu, t!ie Aumils mufl be as particularly enjoined to obey his Excellency's Pleal'ure in tliis Refpeft, by being made fenfible, that if in Difubedience thereto any Conneclion be formed, they are liable to all the Penalties which Juftice can fuggeft, ai.d Punilhinent can didate. 13. Under the above Conditions, I conceive that \vhile the IMerchants now engaged in Commerce, and holding Farms for the better Profecution of their TJer- cantile I'ranfaftions, are flieltered from the Ruin to which they are expofed by the Vizier's Order, the Objettion which he has announced to the Practice (in whicii his own Aumils and other Officers are equally concerned] lofes nothing of its Force, except the Indulgence which the Merchants may enjoy from ir, limited in Time and rellricted in Syflein. But 1 beg I'ciiniirKin to intrude a Remark arifing from the Subject, and not confined to Individuals. European Merchants find Encouragement to rent Farms in the Maiivatta Country, con'iguous to the Vizier's Frontier ; Indigo is at prefeiit their principal Puriuit, and it is produced at leafl as good in the Mahratta Territory as in the Vizier's Dominions. I truft that it will not be confidered foreign from the Subject of my prelent Addrefs, if I fuggeft the Coniideration in a political Senie, arifing from compelling Merchants to carry on a beneficial Trade in a foreign Country, when not only the Advantages of large Expenditures, but alfo the Cultivation of large Trads of almofl Wade Land, and punftual Payments oi Revenue; are the Coniequences of encouraging their Preference to the Government of an Ally. It remains however with you. Honourable Sir, to decide on the Obfervation, when it is compared with the Principle that rules the Company's Connexion with Oude, and with the Nature of the Regulations under which you can give your Sanction to Recommendations to the Vizier, on a Point which he has fubmitted to your Difcernment and Deci- fion. In the prefent State of this Government I am difpofed to coincide in Opinion with many in thefe Provinces, on the Impracticability of carrying on Trade, par- ticularly in Indigo, unlefs they hold Land in farm for the Cuhivauon of the Plant. Cloths, aiid every other Article of Trade where Advances are made, are fubjeft nearly 88 REGULATIONS RELATING TO nearly to the fame Inconvenience ; for in every Article the Merchant requires a Share of the Patronage of Government in conjunction with the Cultivaror and Manufacturer, and can expect no fair Dealing but by means of a Power to enforce it. A regular Syftem of Juftice would remove this Inconvenience, which the Merchant experiencing has endeavoured to alleviate, by connefting himfelf with the Aumil and Officers of Government, but which under the prefent Difpofitlon of the Vizier with regard to Farms will be greatly increafed. I am not however fanguine in my Expectations of fuch Improvement being fpecdily acquired. 14. Having availed myfelf of his Excellency's Letter to fubmit the Subje<^ of the Commerce carried on by Europeans iu Oude to your Notice, and having in- truded niy Remarks on the Neceffity of holding Farms, as urged by them, with his Excellency's Objeftions to the Praftice, and confidering that the State of this Government does not warrant Hopes that any Regulations will be effential but by a hearty Concurrence of this Government, to be fecured by a Perfeverance in the Ufe of Arguments founded on fmcere Good-will to the Vizier ; I (hall Conclude this Part of his Excellency's Letter with fuggefting, for the better Execu- tion of the Du'v of your Reprefentatlve at this Court, the Propriety of inculcating to every European or Subject of the Company v/ho may trade in Oude, the abfolute Situation in which he is placed by the political State of the Alliance, viz. that the Connection of the Englilh Government with that of the Vizier does not entitle them to the Countenance of the Company beyond the Impref- fion which friendly Advice can furnifii to them ; for, by recent Caufes of Difagree- ment betu-een them and the Vizier's Aumils, it is evident that they underftand the Extent of the Licence granted to them to trade in thefe Provinces to be a Protec- tion, which, particularly among Natives fo little accuftomed to hold the Govern- ment in Awe, might involve the more important Textures of the Alliance in a ferious Predicament. The Commercial Treaty denotes the Protection to be fur- nilhed to European and Native Merchants who are Subjefts of the Company, while the Alliance of the Two States is founded on Principles which militate with thofe Sentiments of pofitive Ailiflance entertained on the Extent of Support and Protection to which Merchants conceive themfelves entitled under the Licence granted to them. 15. The Reftriction on Europeans coming Into the Vizier's Territories is repre- fented to me as fuggefted from a Practice obferved by thofe who obtain Licences to come to a Military Station, ar.d wlio after a ihort Refidence there fix them- felves by a Connedion with the Aumil in various Parts of the Country, un- known to the Vizier and myfelf. His Excellency fubmits the Remedy, as far as the European is concerned, to your Confideratio!! for the future ; and I beg Leave to fuggefl:, that Orders be iffiied to the Commanders of the Military Stations, to prevent thofe refiding within their Jurifdiction from quitting it, but with the Vizier's Permiffion, unlefs to return to the Company's Provinces. I am fenfible of the Difficulty of enforcing this Regulation ; but under the above Suggedion, £ can hardly believe that any one will venture the Riiks to which a Difcovery of his Evafion of it mult fubject him. 16. I fhall poflpone the further References which his Excellency's Letter con- tains to my Addrefs on the immediate ObjeQ: of them, and flatter myfelf that the Intricacy and Difficulty of propofing Remedies to Evils exiiting on a Subjcft fo important as Trade carried on under limited Protedtion by a foreign People, and in a Country wiierc yet while the Blcifrngs of good Government arc fcarcely known, will plead for my Intrufion on your Time, and for the Suggeftions which better Abilities, and particularly thofe of the Gentlemen through whole Agency the Commercial Treaty was framed, can doubtlefs improve. 4j /Y^ Tranflation of a Letter from the Vizier to the Refident at his Cgurt, received 21ft January 1796. " Thanks to Heaven that the Friendfhip which was eflablilhed during the Life of the Nawaub Sujah ul Dowlah between him and the Company is duly increafing; and notwithftunding the Revolutions and Changes of Time, during which the Governments of mighty Princes are deltroyed, this Government remains proteded by EAST INDIA AFFAIRS. f^ by the Hands of Provliience. The Governor General, through the Cliannel of your Exertions, your Zeal, and Labours, and influenced by the Impulfe of his own Virtues and Sincerity, exprefles his Friendfhip in his Defire for theProfperity of this Government, and for my Happinefs and Power, and has been plealed to fill his Letters with the mofl: friendly Expreflions. In order the more to flrengthcn my Confidence, he has alfo, on Principles of affording SatisfaSion to n>e in every Tranfadlion, given you Permifllon to att in every thing which can relate to the Arrangement of Afl"airs,and to the Recovery of the Government from its iJiforder and Confiifion. I cannot but be thankful for fuch Kindncft : having had pcrfonal Conferences with you relative to an Arrangement of Affairs here, I am in every Refpeft perfeftly eal'y in my Mind ; your Endeavours and your Difpofitioii, fo well inclined for my Profperity, and fo attentive to the PreL-rvalion of my Autho- rity, have made an Imprcfhon on me, and with the AlTiflance of the Divme Will, and the Friendfliip of the Govei'nor General, I am engaged in fettling the Affairs of the Country and Revenue on my own Judgment. By the Bkfling of God, after a Lapfe of Years, during which many Matters have taken place which are contrary to the Profperity of Government, and ever inimical (o the Principles of it, the Affairs of my Government are getting into Train. With the Affiftancc of Heaven, and the Friendfhip of the Governor General and your Exertions, the Country will be rendered flourifliing, and every one will be made acquainted with my Benevolence for the Company, in like Manner as they have granted their Af- fiflance for the good Grdcr of Things, will keep in View the Plan which I have adopted, and will furnifli their Aid in remedying Things which are contrary to it. " I have already communicated a few of my Sentiments to the Governor General relative to important Aiiairs, and he has been pleafed to fignify his Kindnels; in confequence of which, Remedies are applying thereto, purfuant to the Plan. As by virtue of his fincere Attachment I cor.iider Deliberation and Confultation with him as the Ground-work of Profperity, I ant now defirous of making known to him feveral other Matters. Among other Things in agitation, are the Refidence and Commercial Tranfaftions of the EngHfh Gentlemen in my Country. Although purfuant to the Confeiences between Marquis Cornwallis and Hyder Beg Khan, it was agreed, that when they came into my Country they fhould procure the Confent of the Governor General and myfeli, yet after their Arrival here they arranged their- Matters with my Aumils and other public OfKcers, and eftabliflied many Things which are contrary to my Pleafure. Among others, they farm Dif- tritls from the Aumils, without my Knowledge or Confent. 1 do not approve of this, and have forbid it, in order that my Authority may be obeyed in every Place. It is undoubted, that in every Country the Proteftion and Encouragement of Commercial Men is a Source of Benefit to the State, and I am from mv Heart defirous of encouraging them; but let it be with due Attention to the Prin. ^ Iss of Government, and prove a Source of Increafe to the Friendfhip and Intimacy between the Company and me ; and let them carry on their Trade in perfei^t Confidence, purfuant to the Stipulations in the Commercial Treaty, that their Labours may be produftive of Benefits to both States. In confideration of the Intimacy between the Governments, and the great Intercourfe between our Sub- jefts, the Permit Office was efiablifhed, according to the Commercial I'reaty ; but feveral Points relative to that Office are not arranged as they ought to be, and the Governor General's Kindnefs is neceflary to carry into Execution the Stipulations -of the Commercial Treaty. " As, by the Bletling of God, the Forefight and Experience of the Governor General have fo difplayed themfelves, that the Company's Troops itationed in my Country are ready on every Occaficu, conformably to our Engagements, and with refpeft to their Supplies, and their Intercourfe with the Country, fuch a Syflem is laid dov-n, that there is no Difference between them and my own Subjefts ; but, on Confideration of Events which occurred icine I\Ionths ago, I conceive that the Refidence of Englifli Gentlemen in fuch Parts of my Country as they felecV, particularly thofe who are not in the Company's Service, is replete with great Dangers ; and I conceive it will be advilable, that when any not in the Company's Service are defirous of coming into my Countiy for their own Affairs, they fhould exhibit my Duflic, and the Governor General's Orders, at the Stations on the Road. (163.) Z " xVlthough go REGULATIONS RELATING TO "Although fcr the Sake of a great Name, which on Condition of Protefllon to Mankind is the Gift of Heaven, I am anxious for tlie Profperity of ]\Ierchants, and for Succef^ to Commerce, and rry Mind vviflies for the Eafe and Quiet of every Clafs of People, the Dependents of both Governments, yet the Engl fh Gentlemen who are Merchants, if they deviate from the SyRem of Merchams, and fwerve from the Laws of Obedience, how can they expecl to meet with the Encouragement of Merchants ?" No.XLllI. ExtraG of Letter from the Governor General (Sir John Shore) to G. F. Cherry Efquire, Refident at Lucknow, dated 29th February 1 796. I have received your Letter of the 1 5th Inflant, with Copy and Tranflation of a Letter from the Vizier to you enclofed. From a thorough Convidion of the political Inconveniencies attending the Eflabhfliment of Europeans in His Excellency's Dominions, I have invariably oppofed all Applications for this Purpofe ; and to limit the Difcretion of Govern- ment in this Refpcct, a Regulation has been paiTed, that no Permiffion (hall be granted to any Europeans to refide in Oude. The Detail of theie Inconveniencies is unneceiTiiry ; it is fufficient to obferve, that fuch Effablifliments- lead to improper Connedicn uith the Vizier's Aumils, to an Interference in th^ Revenues of the Country, to the Exercife of undue Authority over the Vizier's Subjects, to Al- tercations and Contefls with them, and, what is of more Importance, to the Degra- dation of the Britifh CharaQer, as exhibited in the Conduct of Individuals, or in their Submifiion to the Authority and Controul of the Vizier's Officers, and in the Injuries which they occafionally fuftain by the 13enial of Juftice, and the Exercife of Oppreffion over them. To whatever Degree the Commercial Benefits of the Vizier's Country may be extended from the Trade carried on by Europeans in Oude, I cannot but be of opinion that they are more than counterbalanced by the political Evils refulting from the Eftablilhment of Europeans there ; and whilft theie Evils mull: be pro- greflive under the Imbecility of the Vizier's Government, and the Inexiflence of a due Adminidration of Juftice, they cannot be totally prevented under any Syftem. i am not therefore furprized that the Vizier fliould prohibit Europeans from hold- ing Farms in his Dominions ; I am only aftonifhed that' they fhould ever have obtained Permiffion for this Purpofe. The Revocation of it is at the exclufive Option of the Vizier. In confidering your Remarks on this SiibjeiSI, the following Suggeftions occur : I defire, in the firft Inftance, that you refer to your official Records, to afcertain the Names of all Perfons being Britifh Subjects who have received Permiilion to remain in Oude, and the Nature and Extent of fuch Permiffion ; and that you will call upon all others not in His Majeily's or the Company's Service, now rcfid- irig in the Vizier's Dominions, to lay before you the Authority by which they remain there. With refpeft to Europeans who have formed Eftablifhments in Oude without the expreis Authority of this Government, or that of the Vizier, they can have no Right of Refidence whatever ; and Notice fliould be given to them to repair, to this Piefidency within a limited Time, Three or Six IMonths at the fartheft from the Date of the Notice. No Permidion can in any Inftance have been granted by this Government, for Europeans under its Autliority to hold Farms in His Excellency's Territories ; and the immediate Refumption of them in every Inftance depends upon his Plea- fure. To the Exercife of this Power I fhould not oppofe any Ohjedion, where the Condudt of the Parties concerned may have expoled them to the Difpleafure of the Vizier; and I acquicfce with Reludance even in a Modification of your Pro- pofition for the Continuance of theie Farms in any Inftance. Any Promife or Obligation on the Part of his Excellency to permit the Con- tinuance of Farms for any Period, with the Concurrence of this Government, would EAST INDIA AIFAIRS. 91- would give the Holders of fuch Farmr; a Claim, in fome Degree, to its Support. 1 would therefore recommend to the Vizier, to ilFi.e a Declaration for the Obicrv- ance of, his Aumih, exprefllng his Dif'pleafurc at their Condufl, in fuffering Europeans to hold Farms, or have any Concern, directly or indirectly, in the Management and Coliedlion of the Revenues without his Authority, and pro- hibiting^, in the mofl: exprefs Terms, the Exercife of any fuch Difcretion in future, or the Extenfion of any exiding Engagements which they may have entered into, and requiring them to fend authentic Copies of all exiRing Engage- ments for his Excellency's Information and Decifion. By thefe Means the Progrefs of the Evil will be prevented, and when the required Information is obraintd, his Excellency will be better enabled to determine whether any Indul- gence is neceflary, and the Extent cf it ; and I can only fay, diat I think in all Cafes it fliould be confined within the narroweft pofiible Limits, to enable the Parties concerned to clofe their Tranfaclions without ruin to themfelves. I defire you will prepare, as foon as poflible, a complete Lilt of all Europeans not in His Majefly's or the Company's Service, refiding within the Territories of the Nabob Vizier, and tranfmit the fame to me, with a Memorandum to each Name as exprcfTing the Authority and Objefl: of their Refidence, as far as your official Information extends. As Europeans obtain occafional Permiflion to repair to the Stations of the Army or into other Parts of his Excellency's Dominions, I have direifted the Secretary to tranfmit you Copies of all fuch iPermifTions which have been or may in future be granted ; and Orders will be fent to the Commanding Officers of the Military Stations, to /lop and arrtfl any Europeans not in H's Majefty's or the Company's Service, who may in future proceed to the Army Stations without a written Permiffion. W^ith the Information which you will receive from the Secretary, there can be little Difficulty in preventing any Evafion or Abufe of the occafional Authority which may be grantcu, or of apprehending thofe who may make the Attempt. EXTi^ACT BENGAL POLITICAL CONSULTATIONS, 8th May 1797- To Mr. Lumfden, Refident at Lucknow. No. XX. Sir, UNDER the exifting Regulations, Europeans in general (with fome few Ex- ceptions) are prohibited from vifiting His Excellency the Nabob Vizier, without Application to and obtaining the previous Sandion of the Refident. 1 now think it neccffary to diredt, that you will be particularly careful to enforce ftrid Obedience to this Rule, and that you will confider it as extending to all Europeans whomfoever, who (hall vifit or refide in His Excellency's Dominions, whether they may or may not be in the Service of the Company. Fyzabad, I am, &C. 13th April 1797. (Signed) J. Shore. A. D. 1797, Regulation XI. A Regulation for amending the Form of Bond to be executed by Britlfli Subjefls or others not amenable to the Zillah and City Civil Courts, on their inftituting Suits in fuch Courts, and for prefcribing a Form of Bond to be executed by the Sureties of Defendants in the above Courts ; parted by the Governor General in Council on the 13th October 1797, correfpond- ing with the 30th Affin 1204 Bengal Era, the 8th Kantick 1205 Fuffily, the 30th Affin 1205 Willaity, the 8th Kantick 1854 Sumbut, and the 2ifl Rubbee us Sanee 1212 Higeree. The Form of Bond prefcribed by Section VII. of Regulation XXVIII. 1793, having been found defedive, and no Form having been yet prefcribed, for the Security Bonds for the Appearance of Defendants required by Sedion V. of Regu- lation REGUEATION^."EEt ACTING TO lation IV. 17^3 ;" the Goveraor General' inr CBuncii^' with a^ V?etr to-fupply this Defeft and OmiiFion, has paffed the fojlovtini^ Rules to |ic,CQj|fidqed,in fprce in the Provinces of- Bengal, Behar, PriiTa; and^Benare?, ,&om.,.the Date d( tlie Re- ceipt of this Regulation by tjie fevcral Coumrefpecli vely. / ' II. Inftead of the Form of Bond prfefcribe.U tjy Section ¥11. of Regulation ■XXVIII. 1793, the following Inftrument is to be h^reafteir'exec^ted by the Plain- tiffs therein referred to, viz. Britifli Subjefts, or other Perfons not amenable to the Jurifdidion of the Zillah and City Civil Courts : " KNOW all Men by thefe Prefents, That I of but now refiding at in the Zillah of (or in the City of ) in the Province of am held and firmly bound unto Judge of the Dewanny Adawlut of the faid Zillah (or City) in the Suni of to be paid -to the faid , his Executors, Adminiftrators, or Affigns ; for which Payment well and truly to be made, I do hereby bir.d myfelf, my Heirs, ExecutorSj and Admini- ftrators, 'firmly by thefe Prefents. Sealed with my Seal, and dated this Day of in the Year of Chrift " Whereas the above-bounden hath oh the Date hereof commenced an Aclion, Caufe, or Suit, in the faid Dewanny Adawlut, before the faid againft : Now, the Condition of this Obliga- tion is fuch, that if the faid , his Heirs, Executors and Ad- miniftrators, and every of them, do and Ihall on his and their Parts and Behalves in all Things well and truly ftand, to obey, abide, obferve, perform, and fulfil all fuch Judgment and Judgments, Order and Orders, Decree and Decrees, as (hall or may be at any Time given in the faid Action, Caufe, or Suit in the faid Court of Dewanny Adawlut, at or by the Provincial Court of Appeal, or Court of Sudder Dewanny Adawlut, then this Obligation to be void or elfe to remain in full force and virtue. " Sealed and delivered (where no Stamps ^ are in ufe or to be had"), in the > Prefence of - - J III. — Firft. The following Form of Security Bond, or an Inflrument to the following Eft'ecl:, is to be hereafter executed by the Sureties, for the Appearance of Defendants in the Zillah and City Courts required by Sedion V. of Regula- tion IV. 1793 : " Whereas a Suit has been inftituted in the Dewanny Adawlut ci" the Zillah (or City) of , by Plaintiff, againft Defendant : And whereas I , Inhabitant of , have voluntarily beome Security for the Appearance of the faid Defendant, to anfwer to the above Suit, and perform all fuch Orders as may be paflld thereupon, until the final Decree on it fliall have been carried into Execution ; I do therefore hereby enga;^e and bind myfelf, my Heirs and Succeffors, that the faid Defendant fliall appear in Perfon, or by Vakeel, to make Anfwer to the Plaint agaiiilt him, in the Suit aforefaid, on the , being the Day on which his Appearance has been required in the faid Zillah (or City) Court ; and further, that the faid Defendant fliall perfonally attend at the faid Zillah (or City) Court, whenever the fame may be required by the Judge thereof, at any Time vvhilft the above Suit is depending before the Zillah Court or Provincial Court of Appeal, or Court of Sudder Dewanny Adawlut, or before the final Decree which may be pafled thereupon by the above CouKs refpeclively, fliall be fully and completely carried into Execution : In Default of which, and in the Event of my not producing the faid Defendant, when called upon, I will be anfwerable for fuch Sum as may be adjudged againfl; him, and for the Performance of whatever Order or Decree may be palled againfl him on the Suit above mentioned." Second. Noihing, however, contained in this Set5\ion, fhall be confidcred as fuperfeding the Exception made in favour of the Perfons fpecified in Seftiou X. Regulation Vlil. i y^^. Extraft EAST INDIA AFFAmS. 93 fextraft Political Letter to Bengal, dated 4th October 1797. t'ar.if^raph 15. It is neceflary to remark in this Place, that the Incnnvenif-ndei attendinjif the Eftabliflinient of Europeans, in Oude arc fo ftron;^ly dated in Sir John Shore's Letter to the Refident, of the iyth February 1756, that we cannnr htfitate in exprefTirii,' our decided Approbadoa and exprefs Confirmation of your Rtfulutioil prohibiting Europeans from holding Farms, or refiding in the Vizier's Dominions. Extract Public Letter to Bengal, dated i ith June iSoo. Paragraph 17. In our annual Appointments of Writers for vcir Prefidcncy in ■and fmcc 1790, although no precifc Eftablifliment for the difFercnt '"X.ics has been determined on, we have Iiad in view the fevcral Alterations rhkt l^ave i:»ke'l place in your Ellablifhments in general in the Courfe of the bit Ten Years, and the Number necefiary to fupply Cafualties in the Service. 18. We have alio hud it in Contemplation to reduce the Number of uncove- hanted European Monthly Writers employed in the feveral Offices; but We obfcrvc the Direcflions we gave on this Subjeft, in our Letter of the t6th May 1792, 1 ave not been carried into Etleft ; as by your Book of EihibliflimentSi on the 30th April 1798 upwards of 100 of thefe Writers continued to be employed, exclufive of Portuguefe, at an Expence of ^^30,000 per A:mlim. 19. On your public Proceedings of the lOth January 1789 you flute, as an apparent Reafon for Appointments of this Kind, the numerous Applications that are made to the Members of Government, and to the Secretary, by Perfors not in our Service, for Employment. Embarrailing as fuch Applications may have proved, we cannot admit the Propriety of attending to them, as the Confequences mult be prejudicial to our Service, by encouraging the Rcfort to and Refidencein India of Perlbns not licenfed by us, and of whofe Characters and Connexions we are ignorant ; allowing them therefore to obtain an Infight into our Concerns by giving them Situations in the Offices under Government, v.-e confider highly impolitic. 20. We are aware that by our feparatc Letter of the aid September 1785, Paragraphs 13 and 14, a Latitude is apparently given for employing Monthly Writers in copying Papers, as a Mealure that might prove economical, but this niull be confidered applicable principally to Natives ; and, in refpeft to the Em- ployment of European Monthly Writers, a Perufal of your Public Proceedings of the 27th June 1796 to 29th May 1797 has convinced us it has not been conduced on Principles of Economy; otherwife we confider it impoflible that your Secretary could have efteded, as he has with fo much Credit to himfelf, a Saving of upwirds of a Lac of Rupees per Annum in the Office Elhiblilhment of Writer?, liiis Circumitance itfelf is fufficient to prove that Abufes have prevailed in regard to the Appointments of fuch Writers. 21. We obferve by your Books of Eflablifhments for fome late Years, that the Afilltant in the Governor General's Office is an uncovenanted Writer ; and in the Secret Department under your Secretary, fometimes One, at the moft Three covenanted Servants have been Rationed, \\hile the Number of uncovenanted European Writers has been confiderable. This we can by no means approve, as we mull ever be of opinion, that the Knowledge of our political Concerns fiiould be confined to our covenanted Servants. 22. Exclufive of the Number of Monthly Writers employed generally in tlie other Offices, fome Places are held by Perfons of this Defcripton, v.hich, as Va- cancies occur, nmit be filled by covenanted Servants ; fuch are the Deputy Civil Auditor, the Afliltant to tlie Secretary to the Salt and Opium Department, and a few others. The Ailiiiantihips to the Salt Agents, notwithilanding the cogent Reafons given bv the Governor General on your Proceedings of :2d December 17Q4, for appointing covenanted Servants thereto, are flill held by uncovenanted Writers. 23. The Allowances annexed to the Offices held by Monthly Writers in fev i\\\ Inflances exceed ihofe granted to the covenanted Aifillant<; the latter theret jre mult be coiifi.iered entitled to Apf ointments of the Kind alludtd to, as well from (163.) A a ihu 94 REGULATIONS RELATING TO the Importance of the Offices ss the Emoluments attached thereto. We obferve alio, that f;;meof the Monthly Writers hold Stations in diftereat Offices at 'the fame Time, which we entirely difapprove. 24. Ahhough fome ot the Appointments in Queftion may have originated in the ps-cullar Oualilications of the Pcrfons appointed for the Offices they hold, Hill this eviJenily proves the abfolute Neccffity of training up the Junior covenanted Servants to the Duties of the feveral Offices under your Government, by Rationing them as Affiftants in thefc Offices at an early Period, as noticed in our Letter of the SihJuly 1785. 2j. It will naturally occur to you from what we have now faid, that a Reduc- tion miift be made on every Opportunity that offers in the Number of uncove- r.anted Europeans at prefent employed. From Motives of Humanity, and becaufe it might create Confufion, we do not wilh you immediately to difmifs any of them ; but as Vacancies happen, you will not fail to fupply the different Offices with the requifite Number of Aififfants from amongfl the covenanted Writers annually fent out by us, conformably to our former Orders ; and we prohibit the Appointment of uncovenanted Europeans in any of the Offices in future. 26. You will of courfe be carelul that the Junior Part 'of our Servants when appointed Affiftants in the Offices, difcharge the Duties affigned to them with Diligence and ruaeluaiity, as il is by fuch Condud alone they are to hope for Preferments to Stations of greater Truff: and Emolument; on the other hand, Idlenefs and Negle(5t are to be puniffied in the mod exemplary Manner ; and we dired that you report to us any Inftances that occur amongil the Junior Servants of Inattention to their official Duties, as we fliall not tail to mark our Dilj^leafure at fuch Mifcondud by an iiiKuediate Removal from the Service of the Perfons guiliy thereof. 27. As voii are now engaged in a Revifion of the feveral Eftablifliments, it is poffible y lu may think it right to make fomc Reductions in the Number of OtKcers for this Reafon ; and as fince the foregoing Paragraphs were drafted we have received your Advices by the x\lligator, by which we are informed of fome Alterations made in thofe Effabliihments, we do not mean at prefent to give you any pofitive Diredions as to the Number of covenanted Servants which we con- fider requifite for the various Departments under your Government, and as we ■wiffi to have a Report from you on this Point, which you will accordingly furniffi b\ the eariiclt Oppoi-tunity ; and although the foregoing Obfervations are coa- fiiied to the Civil Effablifliments wherein the greateit Number of uncovenanted Europeans are employed, yet in framing your Report as above direded you will alio take into Confideration the Offices in the Marine and Military Departments, where ftveral of the fame Defcription hold Appointments, but in which we con- fider it for the Advantage of the Service that our covenanted Servants fliould be employed, particularly in the Offices under the Military Paymaftier General, Military Auditor General, and Military Board. Extrad Public Letter from Bengal, dated i6th February 1801. Letter to, nth June 1800 (17 to 27) on th(.'~v Par. 47. (lyto 27.) The Subjed of Subjett ot the Number of uncovenanted Euro- ( jj^^j-^ Paragraphs has bctn adverted to in. tieans cinploYed as Monthly vV Titers m the 01- t' , ,, '^,. r 1 /-1 /-> 1 L-cs under Government. J the ProccLclings of the Governor General refpednig the Revifion of the public l',ua- bliniments, the Refult of which (as already (fated) will be reported to your liouourable Court by the Moraington. Packet. EXTRACT EAST INDIA AFFAIRS." is EXTRACT BENGAL PUBLIC CONSULTATIONS, 1 1 th December 1800. Seleft Voftry. To the Mofl Noble Marquis Welicllcy, R. V. Governor General in. Council, i'brt William. My Lord, We bej^ Leave to fubmit to your LordiTiip the accompanying Proceeding<; of the Seltdt Vcltry, with the Rcfohitions pafll-d on Friday the 13th and Thurfday the 26th Inft. relative to the EftabiiniinenV of a Charitable Fund for the Relief of dif- trefTed Europeans and others, which we truft will be honoured with your Lord, fhip's Approbation and Patronage. We have the Honour to be, (Signed) D. Brown. Paul Limrick. Francis Horslev. Tno. BoiLKAU. Calcutta, Wm. Pawson, 47th June 1800. L. Ball. Proceedings of the Selfft Veflry of Calcutta on Friday the 13th and on Thurfday the 26th of June 1800, relative to the Eflabljfliment of a Fund for the Relief of diftrefled Europeans and others. The Objeft of this Inftitution is to ?.dminifler Relief to thofe of our own Country- men who may be fuflering from Poverty in this foreign Land. The Public are not aware of the Number of Perfons of this Dcfcription in this Settlement ; fome are thrown into Jail for Small Debts; and others, who were formerly in good Circumftances, are afliamed to make their Dillrefs known, and are in danger of pcrifliing for Want ; and there are many who are able to fupport themfelves, but being deiliiute of Friends they languifli in Obfcurity without Employment. At the fame Time that this Inftitution will give efFeftual Relief to real Diftrefs, it will tend to put a Stop to thofe numerous Subfcriptions and Applications for Charity which are conftantly circulated through the Settlement, and which are often Impofitions on the Humanity of the Public. It will be the Bufinefs of the Managers to fearch out Objefts of Diilrefs, and to enquire carefully into the Cafes of thofe who apply for Relief, fo that the Subfcrlbers will have the Sadsfaclion of knowing that their Benefaftions are well applied. Refolved, ift, That a permanent Fund be formed for th^ Relief of diftrefled Europeans and others, out of the Collections made on the Three Feftivals of Chridmas, Eafter, and Whitfuntide, and that this be effected by the gradual Ac- cuniulation of a certain Portion of thofe CoUcaions, to be vefted in public Paper, properly fecured to the Managers of the Fund. Refolved, sdly, That the Fund be managed by the Vedry, to whqni all Ap- plications for Relief Ihall be made through the Veitry Clerk. Refolved, 3dly, That a Meeting of the Veftry be held on the Firfl Monday of every Month, to examine into the various Applications for Relief which may have been made during the preceding Month, to determine on the fpccilic Sum to be applied to each particular Cafe, to make fuch Difburfements as may be agreed upon, and to tranfact all other Bufinefs relative to the Charity. Refolved, 4tljly, That all Queftions relative to the Fund be determined by a Majority of the Members prefent at the Veftry. Refolved, 5thly, That Two Members (hall be competent to tranfact Buftnefs, one of them being a Chaplain of the Prefiuency. Refolved, 6thly, That no Money be ilTued but under the Signature of the Members prefent at the Monthly Meeting. Refolved, ythlv. That the Bank of llindoftan be appointed Treafurer, Refolved, 8thly, That the Public be informed, by Advertifement in the Ga- zette, of the EKiflence of this Fund, and alfu be folicited to contribute to i:s ■£uppprt by voluntary Subfcriptions, to be received at the Bank. Refolved, 96 REGtJLAtlONS RELATING TO Refolved, 9thly, That the Patronage of the Mofl: Noble the Governor Gefteral be folicited to the Plan, before it be fubmitted to the Public. Additional Refolution on the 26th of June 1800. Refolved, lothly, In order to prevent Abufc of this Inflimtion, That it do not countenance, or by any means encourage, unauthorized Perfons to continue in the Country ; and that Perfons of this Defcription do not receive any Succour, except to enable fuch as are in realDiftrefs to fubfift till they can remove. (Signed) D. Brown. Paul LiM RICK. Francs Horslev; Thos. Boileau. William Pawson. L. Ball. Ordered, That the Seled Veflry be informed that the Governor General in Council fully approves of the Proceedings which they have fubmittcd to him, and authorizes the Publication of them. Conf. Extra£l Public Letter from Bengal, dated 16th Februaiy 1801, tuhUec. . . 139. On our Proceedings of the annexed Date, is recorded a Letter from the Select Veltry of Calcutta, with their Proceedings relative to the Eftablilhment of a Charitable Fund for the Relief of diltrelVed Europeans and othq^. 140. The Objeft of the Inftitutioncf this Fund appearing to be highly benevo- lent and humane, the Governor General in Council approved of the Proceedings of the SeLd Veilry, and authorized their Publication. Extract Public Letter to Bengal, dated 3d March 1802. Letter from, i6tliFfb. i8or. •» ^2. We approve of your having authorized (139. & .40.) runcHortheRdicfof J ^j^^ Publication of the Plan nropofed by the diUreded Europeans. J o i n tr ,1 1 • u V-n i i-n. r ' Seledl Veltry, relative to the Eftablifhment of a charitable Fund for the Relief of dilbefled Europeans and others. Extraft Law Letter from Bengal, dated 3ifl; July 1801. 16. The Government of Bombay, in a Letter recorded on our Proceedings of the 1 5th of January laft, having requefted the Orders of the Governor General in Council on the Propriety of granting Indentures to Perfons who may not have been licenfed by your Honourable Court to refide in India, the Governor General in Council defired the Governor in Council of that Prelidency not to grant Inden- tures of any Defcription to fuch Perfons, without previous Reference to his Ex- cellency in Council. 17. The granting of Indentures to Perfons not licenfed by your Honourable Court to refide in India, being productive of no Advantage, and tending at the fame Time inaconfiderable Degree to weaken the Controul of your Government in India over fach Perfons in the Event of their Conduct being i'uch as to render it neceffary that they fhould be compelled to leave India ) His Excellency in Council takes the Liberty of recommending that no Indentures be granted by your Go- vernments in India excepting by your fpecial Sanction, to Perfons refident in India without Licence from your Honourable Court. 18. His Excellency in Council iunher begs leave to fugged, that the Licences which your Honourable Court may grant in England to Perfons not in your Ser- vice to refide in India, may be framed in fuch Terms, as will not preclude your Governments in hulia from fending fuch Perfons to England on the fliortelt Notice, whenever their Conduct fliall render fuch Proceeding necelfary for the public Interefts. Extraft ■ EAST INDIA AFFAIRS. 57. Exfra't^l; Public Letter to Bengal, dated 26th Auguft 1801. 3. Having been informed that the Country Ships engaj;cd l.y our fcvcral Prefi- dcncics in India to bring Goods on Freight for Individuals, (particularly the Clorn- wallis and Porcher), hiive on their Return Voyage taken PalRngers without our PerniiOion tor that Purpofe, and as this Practice is an exprefs Breach of the O^vc nants in their rel'pedivc Charler-parfies, we direcl that a ilricl examination be made on the Return of all Ships of the above Dcfcription, whelher any Patfengers have proceeded to India witlu ut our Licence ; and iliould any Perlon appear to have been taken on hoard wiiliout our Permiflloii, the Penalties incurred by this Breach of Covenants mull be ftriftly inforced, and the Parties who are taken out in this Manner are not on any Pretence whatever to be allowed to remain in India, but muft be fent to England by the earUeit Opportunity. Extra£l Commercial Letter to Bengal, dated 16th June 1802, 48. Our Governments in India have upon feme Occafions judged it expedient rather to grant Licences of Refidence to Perfons who hid irregularly entered the Country, than to adopt other Meafures refpecting them. It could never be in- tended, however, that this lliould become a Practice, as it would fruftrate all the Laws enacted to prevent the illicit Accefs of Europeans to our PoffefTion^". We think it neceflary, therefore, in the View of the prefent Changes, which render Pre- caution more important, to guard againft any future Refort to fuch a IVlnde, by di- redting, as we now do, that no Licences of this Kind be henceforth granted by any of our Governments in India, unlefs our Permiflion (hall upon the View of any particular Cafe be firfl; granted ; and we defire that Lifts of the licenfed Perfons out of the Service refiding at the different Prefidencies, may be annually fent us. Extract Public Letter from Bengal, dated 21ft March 1 803. 94. In conformity to the Orders of your Honourable Court, dated the 26th AuguftiSoi, the Commander of the Country Ship Cornwallis, was called upon to produce his Authority for receiving on board the Palfengers * brought on that Ship to Bengal. The Commander, Captain Elderton, dated, that he was unable to produce any Order for receiving on board the Palfengers from England, as they had made the Arrangements for their Paffage with the late Captain Robert- fon, formerly Commander of the Cornwallis, among whofe Papers it was pro- bable the Orders ilr receiving the Palfengers on board had, on his Deceafe, been fealed up ; with refped to the Pailengers from Madras, Captain Elderton ftated, that the Cornwallis being a Country Ship, he was not aware that an Order was requifite for receiving on board Palfengers from that Prefidency for Bengal, 95. Under the Circumltances reprelented by Captain Elderton, I lis Excellency in Council conceived it to be prvibable that Orders had been ilfued for the Re- ception of the Paflengers from Ldndon on board the Cornwallis, and therefore did net deem it neceifary to fubjecf Captain Elderton to the immediate Payment of the Penahies prcferibed by the Ship's Charter-p?.rty, but directed Captain Elderton (liould be required to give Security for Payment of the Penahies hereafter, if upon Reference to your Honourable Court it fhould appe.ir that Orders tor the Recep- tion of thofe Palfengers on board of the Cornwallis had not been ifiued in Eng- land. His Excellency in Council further directed, that Captain Elderton fliould be informed, that confiftently w'ith the Terms of the Charter-party, Palfengers could not be received at any Port on board of any Ship in the Employ of the Honourable Company without a written Order from the Government for that Purpofe. * From London, Mr. G. Wilkinfon, Mrs. Gafh and Servant. From Madras, Major Swinton, 74th Regiment ; Captain Ayton, Ditto, Charles Baker, Seniorj Merchant ; Wifliam Coftly, Cadet; R. H. Hamilton. (163.) Bb Estraft mh Dec. 1802. g8 REGULATIONS RELATING TO ExtraS: Law Letter to Bengal, dated 8th March 1805. Letter from, 31ft Julf 1801, (i6andiS).| 5. Agreeably to your Recomntenda- Recommending that no Indentures be granted by the Governments in India, excepting by the Court's fpecial Sandtion, to Perlons rcfident in India without Licence fror-. the Court, and tion, we have agreed that no Indenture be granted by our Governments in India to Perfons refident in India without our fuggefting an Alteration in fuch Licences, fo / Licence. The Suggeflion in the 18th as that fuch Perfons may be fent to England Paragraph, refpefting Perfons to whom on the Ihortelt Notice, vpbenever their Conduct ^ '. '^ ' ° , . fhall render fuch Proeeeding neceffary for the ^e may mfuture grant Licences to remain public Interefts, ^ in India will be taken into Confideration. To the Honourable the Secret Committee of the Honourable the Court of Diredors. Honourable Sirs, During the Courfe of the Negotiations with Dowlut Rao Scindia and the Rajah Berar, previoufly to the Commencement of the prefent War, the Meafures which in the Event of a Rupture with the Marhatta States it might be proper to purfue, with refpect to the Subjefls of His Majefty ferving as Military Officers in the Armies of the hoitile Pov^ti s, claimed the early Attention of the Governor General in Council. 2. It was then underflood that the Number of Perfons of this Defcription in the Service of Dowlut Rao Scindia (^exckifively of the Subjefts of France and of other European States) was confiderable, and the Governor General was aware that they could continue in the Service of that Chieftain after the Commencement of Hoftilides without a Violadon of their Allegiance to His Majefly. 3. No rational Expeflation could however be entertained, that thofe Perfons would fpeedily relinquilli their refpeiftive Situations unlefs fome adequate Provifion were offered for their future Maintenance ; and as their original Entrance into the Service of the Mahratta Powers was not a Violation of any Regulation of the Britilh Government, and had been in fome Inftances encouraged by that Government, the edabhflied Principles of Juflice and Humanity required that they fhoiild be fupported, for a Time at lealt, at the public Expence. 4. It was alio an Object of great political Importance to deprive the Enemy of the Services of a Body of Men by whom their Armies were trained to the Practice of regular Dirdpline and Military Subordination, and might m Time have been rendered little inferior In the Field to the native Troops employed in the Service of the Honourable Comjiany. 5. Under thefe Confiderations, the Governor General in Council judged it to be expedient to iffue a Proclamation, on the 29th of Augufl 1803, (of which a Copy is annexed to this Difpatch), requiring all BritiiTi Subjeds holding Elnploy- ment in the Service ot Dowlut Rao Scindia, or the Rajah of Berar, or of any Power or State confederated with them, forthwith to relinquifh the Service of fuch Chief, Power, or State, and promifing to all who (hould retire in obedience to the Proclamation a Provifion (to continue during the Continuance of the War, and fo long as the Parties entitled to it iliould be employed in the Service of the Honourable Company) equal to the Amount of the fixed Pay and Allowances which fuch Britilh Subjects might have received in the Service of the Chief, Powers, or States by whom they might have been entertained. C. The Benefits extended by this Proclamation to Britilh Subjects were alfo offered, from obvious Motives of Policy, to the Subjects of France, or of any other Foreign European or American State, holding Employments in the Service of Dowlut Rao Scindia, and the Rajah of Berar, or of any State confederated with either of them ; and it was at the fame Time jniblicly notified, that all Britilh Subjects who fliould bear Arms againit the Britilh Government would be con- fidered to have forfeited all Right and Claim to the Proteftion of the Britiflii Government, and would be treated accordingly. 7. On the i6th September 1803, a Second Proclamation was publifhed, with the Advice of the Law Officers of the Honourable Company, by which it was declared, that all Britifli Subjects holding Coinmiffions or bearing Arms in the Service of theEuemy during the Exigence of the War, or in any Manner adhering to EAST INDIA AFFAIRS. 99 to them, or- partaking of their Councils, did thereby incur the Guilt of Tligh Trearon. It was at the fame lime further proclainicii, that ail IJiitifh Subjefts in the Service of the Enemy, who fhouid not, on or before the ift of November 1803, claim the I5cncfit of the Proclamation iflued on tie 2<)\h of ^\uf;un:, would be excluded from the Benefit of that Proclamation, and would be deemed to have remained wilfully in the Service of the Enemy, and be fubjei'^lcd accordingly to ftrid Profecution for their refpcftive Offiuces. A Copy of the Proclamati'n of the i6th of September is annexed for the Infurmaiion of your Honourable Committee. 8. The Number of Biitifh Subjects and of Foreigners who have claimed the Benefits of the Proclamation is coiifiderable, and the Details of the Arranj^ements which may be made with rcfpeft to t'^^fe Pt-rfons will be communicated hereafter to your Honourable Committee, or to the Hi)nourable the Court of Diredtors. 9. The Policy of the Meafure by which the Enemy has been depiived of the Services of a valuable Body of European Officers, cannot be more ftrongly exemplified than by Reference to the Events of the prefent glorious Campaign in Hindoflan and in the Dcccan. '1 he obflinate RLfiitance experienced by our gallant 'I'roopy in the feveral brilliant Vidorics obtained over the Enemy, muft be afcribed to the Military Spirit acquired by their Infantry from the Habits of Dil- cipline and of Subordination to which they have been accuftomed fince the In- troduclion of European Ofliceis into the Mahratta Service, and their future Im- provement in Military Tactics would necelTarily have been progreflive. The con- dud:! of the Mahratta Cavalry, which has never been under the Orders of Euro- pean Officers, has on every Occafion been endrely different from that cf the regular Infantry. ID. In confequence of the Operation of the Proclamation publifhed by the Governor General in Council, and of the Succefs of our y\rms, the Enemy has been deprived of the Services of nearly the whole Body of his European Officers ; and the Conduft of thofe who have claimed the Benefit of the Proclamation, will ncceffariiy impair the ('onfidence of all the Native Powers in the Fidelity of Euro- pean Officers. On the Conclufion of Peace it will probably be pradicable to eilablifh fuch an Arrangement with the Mahratta States as will preclude the Intro- duftion of any European into their Service v.Ithout the exprefs Concurrence cf the Bridih Government ; and the Wifdom oi your Honourable Committee will duly appreciate the Security which the public Intere.'ls will derive from the Exclufion of the Subjefts of a rival and hoftile State from the Service of the only Powers by which the Tranquillity of the Pofl'effions of Great Britain in India can be diflurbed. 1 1. The Expence which will be incurred in carrying into Eflcd the Stipulations of the Proclamation, cannot at prefent be afcertained. It muff, however, be counterbalanced by the important Benefits which have accrued from the Operation of that Meafure. 12. With the View of diffreffing the Enemy, the Governor General in Council ronfidered it to be proper to iffue a Proclamation, under Date the 29th of Auguft 1803, (of which a 'I'ranfcript is inclofed,) requiring all Non commiflioned Officers and Sepoys formerly in the Service of the Honourable Company or of His Ex- cellency the Nabob Vizier, to quit the Service of the Enemy, and engaging that they fhouid either be received into the Service of the Company or oihe.wife; and they (hall obtain a Provifion equal to the Amount of their Pay and Allowances from the Enemy, and would be entitled to every Indulgence confiflent with the Principles and Regulations of the Britifh Government. 13. The Expence which may be incurred in carrying thefe Stipulations into EfFett mull be incoufiderable, as it is probable that nearly all who may claim the Benefit of the Pioclamaiion will be introduced into the Service of the Company, to complete Vacancies in the Military Effablifhm.ent in the feve;al Ranks of the Native Army, correfponding with the Rank the Claimants may have refpeSively" held in the Service of the Enemy. We have the Honour to be, Honourable Sirs, Your inoft faithful humble Servant?, (Signed) Welle.-,ley. Fort William, G. H. LarlovV. lift December 1803. G.Udnv 100 HEGULATIONS RELATING TO Enclofure (A.) Proclamation of the Governor General in Council. Whereas the Governor General in Council has deemed it to be necelTary to provide efleclual Security for the Dtfeuce of the Britiili PolTeffions againft the Defigns of Dowlut Rao Scindia, and of the Rajah of Berar : His Excellency in Council hereby requires all Britifn Subjects holding Employ- ment in the Military Service of Dowlut Rao Scindia, or of the Rajah of Berar, or of any Mahratta Chief, or other Power or State confederated with Dowlut Rao ,3ciiidia, or with the Rajah of Berar, forthwith to relinquifii the Service of fuch Chief, Pov/er, or State refptclively, and to I'epair to fuch Places as (Irall have been appointed by the Officers commanding the BritiOi Forces in liindoflan, and the Deccan, for the Purpofe of receiving all fuch Britifli Subje(lts as fliall retire from the Service of the faid Chiefs, Powers, or States, in Obedience to fuch Proclama- tions or Orders as may have been iffued by the faid Commanding Officers, in Conformity to the Inftructions of the Governor General in Council, or in Obe- dience to this Proclamation. And the Governor General in Council is hereby further pleafed to declare, that all Britifli Subjects who have retired or may retire from the Service of the faid Chiefs, Powers, or States, in Obedience to any Pro- clamations iffued by the faid Commanding Officers, or in Obedience to this Proclamadon, who (hall have been or fiiall be admitted by the faid Commanding Officers to the Protection of the Britifli Government, fhall receive from the Honour- able Company a Provifion equal to the Amount of the fixed Pay and Allowances which fuch Britilh Subjects have received in the Service of the faid Chielci, Powers, or States refpeclively, the faid Provifion to continue during the Continuance of Hoftilities between any of the faid Chiefs, Powers, or States, and the Britifli Government, and fo long as fuch Britidi Subjects fliall be employed in the Service of the Elonourable Company ; and all fuch Britilh Subjedts, after having quitted the Service of the Honourable Company, fhall receive a reafonabie Remuneration, and every Indulgence which their refpedive Situations may appear to require, and vhich may be confiftent with the Principles and Regulations of the Britifh Govern- ment. And the Governor General in Council further declares, that all Britifli Subjects who fliall remain in the Service of Dowlut Rao Scindia, or of the Rajah of Berar, or of any Mahratta Chief, or other Power or State confederated with Dowlut Rao Scindia, or with the Rajah of Berar, and all Bridfh Subjects who fhall bear Arms againft the Britifli Government, fliall be confidered to have for- feited all Right and Claim to the Protection of the Britifh Government, and fhall be treated accordingly. The Subjects of France, or of any other European or American State, holding Employments in the Military Service of Dowlut Rao Scindia, or of the Rajah qt" Berar, or of any Mahratta Ciiief, or of any Power or State confederated with Dowliit Rao Scindia, or with the Rajah of Berar, who may be difpo'fed to relinquifh the Service of the Chiefs, Powers, or States, and to repair to fuch Places as fhall have been appointed by the Officers commanding the Britilh Forces in Hindoftaa and the Deccan, for the Purpofe of receiving fuch Britifli Subjects as fhall retire from the Service of the faid Chiefs, Powers, or States, fliall be admitted to the Benefits extended by this Proclamation to all Britifli Subjects. By Command of his Excellency the Mofl Noble the Governor General in Council. Fort William, (Signed) J, Lumsden, 29th Auguft 1803. Chief Secretary to Government. Enclofure (B.) Proclamation of the Governor General in Council. Whereas open War exifts between the Britifli Government and its Allies on the one Part, and Dowlut Rao Scindia and the Rajah of Berar and their refpeftive Allies on the other, the Governor General in Council hereby declares, That all Britifli Subjects EAST INDIA AFFAIRS. loj . Snbjc03. Enclofurc (C . Proclamation of the Governor General in Council. It is hereby fignified to all Non-commiflloned Officers and Sepoys, formerly ih the Service of the Honourable Company, or of his ExceHe:icy the Nawaub Vizier, and to all other Perfons, Natives of the Britifli Territories in India, or of the Ter- ritories of His Excellency the Nawaub Vizier, holding Employment in the Military Service of the Dowlut Rao Scindia, or of the Rajah of Berar, or of any Ma- rhatta Chiefs or other Powers or States confederated with Dowlut Rao Scindia or ■with the Rajah of Berar, that they are required to quit the Service of thofe Chiefs, Powers, or States, and that on repairing to fuch Places as fliall have been ap- pointed by the Officers commanding the Britifh Forces in Hindoftan and the Dec- can, for the exprcfs Purpofe of receiving all Perfons of the above Defcription who Ihall retire from the Service of the faid Chiefs, Powers, or States, they will be received into the Seivice of the Honourable Company, or otherwife will obtain a Provifion equal lo the Amount of their Pay and Allowances in the Service of the faid Chiefs, Powers, or States, and will be entitled to every Indulgence confiflent with the Principles and Regulations of the Britifh Government. Such Perfons will be required to produce to the Ollicer flationcd at the Places appointed for the exprefs Purpofe of receiving them, authentic Proofs of their having quitted the Service of the fdd Ch'efs; Powers, or States, in confequence of this Proclama- tion, previoufly to their being confulered to be entitled to the Benefits tendered to their Acceptance by the Terms of this Proclamation. By Command of His Excellency the moft Noble the Governor General in Council, (Signed) J. LuMSDEN, Fort William, Chief Sec'' to Gov'. Aug. a^th, 1803. Extrad Public Letter to Bengal, dated a'gih February 1804. LmtrFi-om, 2iftMarch ificj. 1 s^ Undet" the Circuniftances ftated in thefe (94. ami 95.) Unliconfcd ''afHigf^s ^Pafa"T:iphs, we do hot think it would be equi- ' *^ -^ table to make Captani Elderton, who m the Courle of the Voyage fucceeded to the Commafid upon the Death of Captain Robertfcn, accountable for the Penalties arifing from Pafttngers beihg permitted to embark, from England on the Country Ship Cornwallis without a Licence ; the Securities Which he has given on that Account mull therefor? be releafed. As it appears, hdwever, that the Perfons named in the Margiii of the 94'.h Paragraph of thetter to Bengal, dated 4th February 1807. Paragraph 2. Our Attention has been lately drawn to the increafing Number of Britifh Subjeds refiding at our feveral Prefidencies or their Dependencies without the Company's Licence, notwithftanding our repeated and peremptory Orders to the contrary. The feveral Channels by which Perfons of this Defcription continue to evade the Law and our Authority, are by Means of tlie Company's regular freighted Ships, the Extra Ships, Foreign Ships, and over Land. We arc willing to believe that not many Inllances have recently occurred of unlicenfed Perfons proceeding to India on the regular Ships. For the Detedion of thefe we in our Letter of the 31(1 July 1787 direded, that upon the Arrival of every fuch Ship the Captain fhould be called upon to give in a Lift of hii; Paffengers and Crew, which Lilt was to contain fncii a Defcription of them as was likely to lead to a Difcovery of any unlicenfed Perfons having been on board. In conformity to thefe Orders we ubferve, by your Confultations of the 25th June 1788, that Regulations for afccrtaining whether any unlicenfed Perfons came out in the Company's Ships were adopted. In our Letter of the 2d December 1789 we obferved, that the Frequency of Dcfertions in different Stations from the freightctl Ships, had made it neceffary that fomecffedual Means fhould be adopted to prevent the like iu future. We EAST INDIA AFFAIRS. i»< Wc at the fame Time tranfmitted a Lift of the OfTicers and Petty Officers of ilie Ships arrived in the preccdiiij^' Scafon who had remained behind, witl' Diredions that they Ihould be immediately fent to England. We have tranfmittcti from Time to Time, and fliall continue to tranfmit occalionally the Names of fuel i Pe/fons as have been or may be in a fnnilar Predicament ; and we direct that in all fuch Cafes you take tl>e ncceflary Mcafurcsfor fcndinj^ the Parties Iniplicated to Europe. .3. With relpert to the K\tra Ships, wc obferved in our Letter of the 26ih Augufl 1 801, that having received Information that the Country Shipi engaged by our feveral Prefidencics in India to bring goods on Freight for Individuals, liad on their Return Voyage taken Paflengers without our Permillion, which Praclicc we confidered as a Breach of Covenants in their refpeciive Charter-parties; wc dircftcd that a ilrid Examination fhouid be made on the Return of all Ships o'l that Defcription, whether any Pafl'engcrs proceeded to India without our Licence ; in which Cafe the Penalties incurred by iuch a Breach of Covenants on the Part of the Owners were to be ftridly cnforcetl, and the Panics who had got out in this Manner were not on any Pretence whatever to be allowed to remain in India, but were to be fent to England by the earlielt Opportunity. 4. But there can be no Doubt that the principal Channel by which up.Liutho- rized Perfons were enabled to proceed to India is by Foreign Ships, In confe- quence of a Minute of the Governor General upon the Subjed of the 6th March 1795, it was made a Standing Regulation that the Commanders of Foreign Ships fliould on their Arrival fend a Lilt of the Crew and Paifengers. If the txifting Regulations fliould not afford the Means of Detedion in this Refped, we direct that they be amended in fuch a Manner as to enfure tlie Object fo much defired. 5. It is not our Intention that our prefent Orders Ihould have a retrol'pectivc View, except in the Inftances where the Parties have milbthaved, fo as to become obnoxious to Government by the Irregularity of their Conduct. But we have come to a Determination, that in future no Perfons fliall be permitted to refide in India without the Company's Licence ; and we pofitively direct, that after the Re- ceipt hereof, you obferve the utmofl Vigilance for the Detection and Apprehen- fion of all fuch Perfons as may furreptitioufly find their Way to India, in order that they may be fent Home as early as pollihle. 6. But although we have thus ftrioufly rcfolvcJ, that our prohibitory Orders in this Refpect fliall be carried into flrict Execution, wc have come to a Determination to receive in England a fuflicient Number of Applications from Perfons of Cha- racter and Refpectability, who may be defirous of obtaining our Licence to proceed to the Eafl: Indies as Free Merchants, and to grant an annual Permifllon to a limited Number for that Purpofe. All fuch will be required to enter into the ufual Cove- nants with the Company, and to find good and fuflkient Security for the Per- formance thereof. 7. We are extremely defirous of obtaining the Names and Defcriptions of fuch Europeans not in the Company's Service as may refide in the Interior of the Country. By your Confultaticnis of the 24th December 17S7, we obferve, that at that Period it was deemed highly proper that the Number of Europeans re- fiding in the interior Parts of the Couniiy fliould be afcertained, and the feveral CoUedors and Magiitrates, and the Rehdcnt at Benares, were dired:ed to tranfmit Lifts of all Europeans (not in the Company's Service) refident in their refpedive Diftrids, fpccifying the Manner in which they were at that 'lime employed, with an Account of their general Condud ana Charader, as far as might have come to their Knowledge. Public Notice was at the fame Time given, that after a cer- tain Period no European being a Bntifli Subjed, not in the Company's Service, ■would be fuff'rred to refide in the interior Parts of the Country without having obtained the particular Licence of your Government. We are not aware that any accurate Returns have been made to this Order. We therefcre dired that com- plete Lifl:s of the foregoing Defcription be procured, and tranfmitted to us by an early Opportunity. It appears to be highly expedient, that the Rule prohibit- ing Britifli Subjects troui refiding in the Interior of the Country without a fpecial Licence for that Purpofe, fliould be ftridly enforced. 8. We obferve that in February 1791, the buperintendant of the Calcutta Police reported, that there were at that Time great Numbers of European Fo- reigners at Calcutta out of Employ, and who had no Means of maintaining them- \-lves honeftly. From the prefent improved State of the Police of Calcutta, we have i^A- REGULATIONS RELATING TO have reafon to hope, that few, if any. Foreigners of this Defcriptlan are now fuf- feied to remain a Nuifance to the Settlement. It behoves you in a particular Manner, in the prefeat Circumftances cf the Times, to take fpcchl Care that no Frenchmen be allowed to refide either in Calcutta or in the Provinces. IVIuch latent Milchief may beapprehenJed from the infidious ConduQ: of fuch Perfnns^ and we direct that they be fent to Entrland on the regular Company's Ships, hmiting the Number to Five or Six at m aft on each Ship as Charter-party Paden- gers, ^iticulaily fuch as have not been long rcfideiit in India, and whole Beha- viour fhail have excited any Degree of Sufpicion of evil Intention. 9. In the 4Sth Paragraph of our Commercial Letter of the i6th Jane 1802, we deemed it necelTary to obferve, that our Governments in India had upon feme Gccafions judged it expedient raiher to grant Licences of Refidence to Perfnns who had irregularly entered the Country, than to adopt other Meafures refpe£ling them. But as we ourfelves, as before obferved, have agreed to allow of a limited Number of Perfons of Charafter and Relpeftubility to proceed anntialiy to India under Free Merchants Indentures, we pofuively direcl: that no fuch Licence be in future granted in India; but that all Perfons who may hereafter find their Way thither without our previous Pcrmiffion for that Furpole, be immediately ordered ■to Europe, and that this Order be rigidly enforced with refpecl to thofe who may proceed this Seafon. Extrad Public Letter from Bengal, dated 31 ft July 1S07. Letter to, 4tli February 1807. -■ (2 to 4 ) Obfervatioas refpefting the Number of unliccnfed Britifli Subjects refidiiig at the feveral Prefidcncics, Haling the various Ch:\iiiieli> by which they appear to have been able to evade the Law and proceed to India without Authority, ad- verting to the Orders tranfmitted at different Periods refpert- ing Perfons of that Defcription, and to the Conduct of the Commanders of the Country Ships who i-.ad taken out PafTen- gers without Permiffion, noting the Regulation framed by this Government with refpetl to the Commanders of Foreign VefTels being direded on their Arrival to give in a Lift of their Crew and PafTengers. Further Inllniftions on the Subjeft. Para. 5. The prefent Orders not to have a retrofpeftive View, except in Inftances where in confequence of Irregularity of Conduft the Parties have incurred the Difpleafure of Go- vernment ; advifing of the Determination of the Honourable Court, that in future no Perfons (hall be permitted to refide in India without a Licence, and directing the utmoll Vigilance to be obferved for the Detcftion and Apprchenfion of all Perfons who may fiirreptitionfly find their Wav to India, in order that they may be fent to Europe by the carlieft Opportunity. 6. Stating the Honourable Court's Determination to re- ceive in England Applications from Perfons of Character who may be dclirous of obtaining a Licence to proceed to India as Free Merchants. Permilfion for that Purpofe will be granted to a limited Number annually. 7. Kxpreffing the Delire of the Honourable Court, to obtain the Names and Defcription of fuch Europeans not in the Company's Service as may refide in the Interior of the Country, adverting to the Orders ilfned by this Government to tlic Col- lectors and Magiilratcs refpefting Perfons of that Defcription, and tm tranfmit Lills of all Europeans not in the Company's Service reljdcnt in their refpeCtive Di!Iric\s, &o. Obferve tliat no accurate Return; appear to iiave been made to liiis Order. Direct tiiat complete Lills be procured and tranfmitted to the Honourable Court by an early Opj)ortunitv. 8. Adverting to a Report from the Superintcndant of the Calcutta Polite in 1791, Hating that great Number of Europr^.n Foreigners were then at Calcutta unemployed, and withoui any oftenfible Means of maintaining thcmfelves; trufting tliat few Perfons of that Defcription are now fuffcred to remain in Calcutta ; dirtn^ing that no Frenchmen be allowed to rcllde cither in Calcutta or in the Provinces, and that they be fent to England on the Company's regular Ships. 9. Direfting that no Licence be in future granted by this Government, permitting Perfons to refide in India; :iul that all Perfons who may hereafter fuid their Way to India without the previous Permilhon of the Huauurable Court, be imme- diatcly ordered to EurojJt. 28. (a to 9.) The Orders of your Honourable Court fignihed in thefe Paragraphs, will not fail to meet with our particular Attention. Copies of thefe Paragraphs have been tranfmitted to the Judi- cial Department, for the In- formation and Guidance of the Magiltrates of the Town of Calcutta, and of the Ma- giilratcs of ttie feveral Dif- tricts in the Interior of the Country. The Magiftrates have been required to fugged /fuch Meafures as they may deem proper, with the View of detecting and apprehend- ing all Perfons who may fur- reptitioufly find their Way to India; and, 'or thePurpoleof t'liluring liviQ. Obedience to the Orders of yrur Honour- able Court, the i\Iagifti;ate8 have alio been required to Jurnifli the IMls. and Defcrip- tion of Perfras required by your Hone rable Court with the leaff pradicable Delay. EAST INDIA AFFAIRS. lo^ EXTRACT OF BENGAL JUDICIAL CONSULTATIONS, 2oih July i8io. The Governor General in Council having taken the foregoing Cafes into mature Criminal. Confideration, refolves, That the Licences for refilling in the Interior of the Country held by the following Perfons, be withdrawn : Mr. J. L. Turner. R.S. Douglas. T. GardinjiR. T. Clark. Ordered, That the neceffary Information be tranfmittcd to the Magiftratcs of Tirhoot, Sarun, Nuddeali and Pumeah refpedtively. Ordered, That the Company's Attorney be directed to rq^ort whenever the Period of Imprifonment to which Mr. Tichborne has been fentenccd may expire. His Lord (hip in Council will then pafs fuch further Orders rcfpefting that Perfon as may appear to Government to be proper. Ordered, That a Copy of fuch Parts of the above Depofitions in the Cafe of Mr. Douglas, as relate to the Eftablifliment of a Haut by Mr. Moran, be tranf- mittcd to the Board of Revenue, with Diredions to make the neceflary Inquiries' on the SubjeS, and report to Government the Refult. The following Circular Order was tranfmitted to tiic feveral Magiftratcs^ throughout the Provinces on the 13th Inftant : *' (Circular.) " To the Magiftrates. *' The Attention of Government has recently been attracted in a particular Manner to Abufes and Oppreflions committed by Europeans, who are eftablifhed as Indigo Planters in different Parts of the Country. Numerous as thofe Abufes and OpprelTions have latterly been, the Right Honourable the Governor General in Council is (till willing to hope that this Imputation does not attach to the Cha- racter of tiie Indigo Planters generally confulered, as a Body or Clafs of People. 1 he Fads, however, which have recently been eftablifhed againfl. fome Individuals of that Clafs, before the Magiftrates and the Supreme Court of Judicature, are of f • flagrant a Nature, that the Governor General in Council confiders it an Acl of indifptnfable public Duty to adopt fuch Meafures as appear to him, under exift- ing Circundlances, befl calculated to prevent the Repetition of OtFences equally injurious to the Eiiglifli Character, and to the Peace and Happinefs of our Native Subjefts. " 2. The Offences to which the foregoing Remarks refer, and which have been eftallifhcd beyond all Doubt or Dil'pute, againlt individual Indigo Planters, may be reduced to the following Heads : " ift. Acts of Violence, which, although they amount not in the legal Senfe of the Word to iVlurder, have occafioned the Death ot Natives. " 2d. Ihe iliegai Detention of the Natives in Confinement, efpecially in the Stocks, with a View to the Recovery of Balances alleged to be due from them, or for other Caufes. " ;d. Affeinbling in a tumultuary Manner the People attached to their refpetStiveFadories, and others, and engaging in violent Atlrays with other Indigo Planters. " 4th. Illicit Infliction of Punifliment, by Means of a Rattan or olherwife, on the Cultivators or other Natives. " 3. You mud of courfe be fenfible that it is your bounden Duty to bring every A£t ot Violence of the above Nature to the Knowledge of Government, and under the Cognizance of the Supreme Court of Judicature. In order, how- ever^ to prevent, as far as depends on the Executive Government,' the Repetition of any Offence of ttiat Nature, the Governor General in Council defues that you will particularly attend to the following Inftruttions : (163.) D d " Firft. jo6 REGULATIONS RELATING TO ** Firft. You will take the neceflfary Meafures to afcertain, without Lofs of Time, whether any of the Indigo Planners refident in the Diflricl under your Charge keep Stocks at their Faftories, and if fo, you will require them imme- diately to deflroy the Stocks. Should any Hefitation occur on the Part of the Indigo Planters in complying with this Requifition, you will report the Circum- fiance to Government, when the Governor General in Council will order fuch Perfon to quit the Diflrift, and repair to the Prefidency. *' Second. Without encouraging vexatious and litigious Complaints, you will exert yourfclf to prevent the Praftice which Government has Reafon to believe is too prevalent on the Part of the Indigo Planters, of infliding illegal corporal Punilhments on the Ryots and others. Whenever Cafes of this Nature may occur, which may not appear to be of fo aggravated a Nature as to form the Ground of a Criminal Profecution in the Supreme Court of Judicature, you will report the Fafts to Government, in order that his Lordlhip in Council may take into his Confideration the Propriety of withdrawing the Licence which the Offender may have obtained for refiding in the Interior of the Country. *' Third. As Opportunities may arife of a perfonal Communication with the In- digo Planters, you will endeavour to imprefs on their Minds the firm Determina- tion which the Governor General has adopted, not only uniformly to proiecute all Offences of the above Defcription which can properly be brought under the Cog- nizance of the Supreme Court, but likewife to exercife to the utmoft Extent the Powers poffeffed by the Governor General in Council, of preventing the Refi- dence of any European in the Interior of the Country who fhall not conform to the Spirit of the prefent Refolutions of Government. " Fourth. Should it occur to you that any other Meafures can be adopted, cal- culated for the Attainment of the important Objedts above noticed, you are defired to fubmit your Sentiments on the Subject to Government. " I am, &c. " Council Chamber, (Signed) " Geo. Dowdeswell, 1,3th July 1810. « Sec to Gov' Jud' Dep'." On the 13th Infl:. Copies of the above Order were tranfmitted to the Nizamut Adawlut and to the feveral Provincial Courts, with Uircdions to afford their Aid to the full Extent of the legal Powers veiled in thofe Courts, in giving Effed to the Refolutions of Government contained therein. There being Grounds to apprehend that many of the Manufadurers of Indigo are in the habit of compelling the Ryots to receive Advances for the Cultivation of the Indigo Plant ; Ordered, That the following Supplementary Orders be tranfmitted to the feveral Magiftrates throughout the Provinces : " (Circular.) " To the Magiftrates. " Sir, *' In Continuation of the Orders of Government of the 13th Inft. lam direded to acquaint you, that the Right Honourable the Governor General in Council has Reafon to believe that European Indigo Planters arc in the habit of obliging the Ryots who rcfide in the Vicinity of their refpedive Fadories to receive Advances, and of adopting other illicit and improper Means to compel them to cultivate In- digo : you are accordingly direded to report all Inflances of that Nature which may come to your Knowledge, and which you may confider to be founded in Fad, to the Governor General in Council, in order that Government may take into its Confideration the Expediency of withdrawing the Offenders Licence to refide in the Interior of the Country, and at the fame Time adopt fuch other Meafures as the Circumftances of the Cafe may appear to require. " I am, &c. « Council Chamber, (Signed) '♦ G. DowDESWELL, aothjuly 1810. oj.ir Prudence and Aftivity, exhorts you to prefcrve the iitinQll Degree of Vigilai|ice throqghout the Department. I am, kc. FortRt.Gcor^rr, (Signed)' J. Webbe, 25th .May i7>,cj. Secretary to Government. To William Petrie Efquire, Prefident, 8cc. Members of the Board of Revenue. Gentlemen, The Right Honourable the Governor General in CouncU having deemed it expedient to take immediate and effectual Meafures .to prevent the Entrarice. of Foreign Europeans into the Company's Territories under this Prefidency, as well- as to refirain their moving through the Country without proper Padpoj t.s, diyects me to inclofe for your Information a Copy of the Kegulations edablifhed for this Purpofe at the diflerent Sea Ports, of his Lprdfliip'sOrdeis in confcquence to the Mailer Attendant, and of a Proclamation now publilhed by his l.ordfhip's Autl.o'i'v- I am accordingly direfted to defirc, that thefeveral OtHcers under yrur Autho-j rity may be iMfrruded to carry the Spirit and Intention of this MeaTure into Fti'ecf,' with the utn\o{t Degree of Vigihince, Attention, and Dccifion, ai:d warned at the' fame Time, that any Perfon who fhali be found to mgled any Part of this Duty, or to connive at the Evzfion of thefe Orders by anv Perfon whatever, \\ ill incur tfie molt ferious Difpleafure of the Governor General in Council. You will be furniflied, on Application at the Secretary's Office, with a fufficient JJimiber of printed Paflports, which are to be filled up and completed by the fe' eral Colledors, for the life of Travellers. The Collcd^ors are to be cautioned againft any unneceffary Delay or Difficulty in the Iffue of Paflports upon all proper Occafions, but th..y are t > obferve the moft exact Regularity in rcquirinjj; the Producrioii of a regular PaHport from the lad Collector or Commanding Officer, as the Cafe fliatl happen ; ;ind when the I'raveller fliall be profecuting a diftant Journey, the Collector (hall connect the Paflports which Oiail be produced, and fliall iffue a frelh Paffport, in order that the Authority under which Travellers are to pafs through the Company's Terri- tories may be more readily recognized. All Pcribns who Ihall be dilcovered without authentic Paffports, are to be taken up and put under Rellraiut until their Cafe can be reprefented to the Prefidency. I have the Honour to be, &c. Fort St. George, (Signed) J, Webbi-, 25th May 1799. SecMoGovV The 112 REGULATIONS RELATING TO The fame to the Commander in Chief, mutatis mutandis. " Passport. " (L. S.'^ This is to certify that (Name) has Permiflion to pafs from (Place) to (Place) with (Number) European Servants, and (Number) Native Servants. Given at (Place) this Day of >799-" " Government Advertisemekt. " Notice is hereby given, that from and after the ill Day of July next, no Euro- pean Perfon of whatever Rank, Defcription, or Country, will be permitted to travel through the Company's Dominions fubject to this Prefidency, unlefs he fnall be regularly furnilhed with PalTports for that Purpofe. " The only Exception which the Right Honourable the Governor General in Council has been pleafed to make to the foregoing Refolution, is in favour of Officers commanding Parties of His Majeily's or the Honourable Company's Troops. " All Perfons about to travel are accordingly required to take out a Paflport from the Collector of the Diftrict in which they refide, or, in Places where there may be no Collector, from the Commanding Officer of the nearefl Garrilbn ; which Certificate or Paflport fliall be produced to the next Colledor or Commanding Of- ficers, who are authorized to cancel it if neceffary, and to iflue a frefh Paffport. " And European Perfons of all Defcriptions are hereby warned, that whoever fhall be found travelling without a Paffport will be taken up and confined, imtil a Report of his Cafe can be made to the Prefidency. " Notice is hereby further given, that a Reward of lo Pagodas will be paid to any Peifon who fliall take up and bring to the neareft Garrifon any European Deferter or Vagrant of any Defcription. " By Order of the Right Honourable the Governor in Council. ^ „ ^ (Signed) J. Webbe, " ^".'k M ^'"^'* Sec^ to Gov'.- 25th May 1799. The Board entirely concur in the Expediency of the foregoing Regulations, which they deem well calculated for the Purpofe intended. Refolved accordingly, That they be carried into Effect from the ift July next, and that the foregoing Orders be iffued accordingly. ExtratSl Public Letter from Fort St. George, dated 9th Augufl: 1799., 138. The Right Honourable the Governor General, deeming it of great political hnportance that the Entrance of Foreigners into your Dominions, without the Permiffion of your Government, fhould be effisdually prevented, fubmitted at our Confultation of the 24rh May a Code of Regulations tor that Purpofe, as far as refpefts their Arrival by Sea. Thefe Regulations his Lordfliip propofed fliould take place on the iff July, under the Superintendance of the Mailer Attendant, who (liould be allowed a feparate Eflablilhment for the Purpofe. 139. His Lordfliip alio fubmitted Drafts of the hiltrnftions which it would be neceilary in confequence to iffue, to the Mailer Attendant tor the Execution of the Regulations vu the different Sea Ports, to the Board of Revenue and Com- mander in Chief, with a View to reltrain fuch Foreigners or others from moving through the Country by Land without proper Paffports, and of a Proclamation which he propofed to promulgate for general Notification of the Regulations. 140. For the Detail of theic Regulations we beg to refer your Honourable Court to our Proceedings. 141. Concurring entirely with the Governor General in the Neceffity of the Regulations, we direded that they fhould be carried into Effeft from the ifl of July. 142. In conformity alfo to the Suggellion of the Governor General, we have tranfmilted Copies of them to Bengal, Bombay, Ceylon, and Malabar, and re- comtnended that Regulations of a fiinilar Nature, accommodated to the Circum- ftances of the refpedive Governments, fliould be eftablilhed and carried into Effed with the utuioft Degree of Vigilance, Promptitude, and Decifioa. Extract EAST INDIA AFFAIRS. ' 113 Extraft Public Letter from Fort St. George, dated the 19th Oflober 1799. Para. 46. In our Letter of the 9th Augufl: lafl, we had the Honour of explain- ing to your Honourable Court the Reafons which had induced us to eflablifli a vigilant Check upon the Introdudlion of Foreigners into the Territories of the Company, and we acquainted you with the Orders and Regulations which We had ilfued for this Purpofe. 47. A material Part of this Arrangemait was committed t(j the Mafter At- tendant, the Superintendance and Controul of the fcvcral Ports on this Coafl ; and in order to enable Mr. Tafwell to cany the Plan into Eilcct, we have author rijsed a fmall Eilablillnnent of Boats at the principal Places, with a linall liicrcale to the Allowances of the MaPtcr Attendant at Vizagapatain, Coinga, Nagore, and Negapatam. For the Particulars of this Expence, which is indilpcnlably jiecefTary to the Arrangement, we beg to refer your Honourable Court to our Minutes iu the Margin. Extraft Public Letter to Fort Saint George, dated i8th March i8oi. Letter from, 19th 0£t. 1799. "N Para. 21. In the4ifl:Paragraphof our Letter m Para. 46 & 47. F.iril.cr Arrange- I ^^Q pybij^. Department, dated the 1 ith June laft, ments for vrevciitinpr the Introclui'-1 1011 /■ r t j a .^1, .• f .1 i> i .• of Foreigner, into the Company's T.r- f^c figmfied our Approbation of the Regulations ntories. J for prcventuig the Entrance ol European Fo- reij^ners into the Company's Territories; and having perufed the Minutes to which you have referred us, relative to the necefiary Eftablifliment of Boats at the feveral Ports upon your Coafl;, for carrying the .Plan into Efted, we approve of your Determination herein. EXTRACT FORT ST. GEORGE PUBLIC CONSULTATIONS, 26th February 1802. ■,'fi^EAD the following Letter from the Town Major : The Right Honourable Lord Clive, Governor General, Sec. &c. My Lord, In Obedience to your Lorddiip's verbal Commands, I have now the Honour to ftate what appears to me to be tiie C'aufes of the Inliifficiency which your Lord- Ihip has obferved in the exiting Regulations for prevenang unauthorized Tra- vellers from penetrating the Country, and the Means by which I conceive the In- tentions of Government may be accomplifiied in a more perfefl: Manner. The Tranfadion of an altered Paifport, which hae lately been reported to your Lord- ftip by Lieutenant-Colonel Agnew, has induced me to compare the Refultof my own Experience with the Obfervations with which I have been favoured by that Oihcer ; and it is worthy of Remark, as evincing in the mod obvious Manner the lufufficiency of the prefent Rules, that the Perfon reported by Lieutenant-Colonel Agnew had alfo in his Poffcflion leveral other Paflports of various Dates. The following appear to be the principal Defeats of the exifling Regulations : Paflports at prefent aie granted cither by Colledors or Commanding Officers, often without fuflicient Circumfpedion ; they bear no didinguifliing Mark, printed or imprefled by Seal, by which Natives can decide on their Validity ; and any printed Paper of nearly the fame Form, imprefled with any Seal of nearly the ul'ual Size, will in general pafs Travellers by all native Impediments. Sometimes, when Natives are more ftrict, the Want of fuch Mark operates inconveniently in another Way ; the Traveller is detained till the competent Authority (perhaps at a Diltance) is enabled to infped the Paflport. Lieutenant-Colonel Agnew ftates an Inftance in Vfhich a Conductor of Ordnance on Duty was detaiqed Seven Days by a Monigar ■ on the Toujour Country. (163.) Ff Paflports 114 REGULATIONS RELATING TO Paflports are neither numbered nor regiftered by the Officers who grant them, (with I believe one Exception only,) the Period during which they are to be valid is feldom exprefled with fufficient Precifion, nor is the Route laid down. No Defcription of the Perfon is included : hence any European not generally known may travel on a Paflport obtained by another. No fufficient Check is eftabliflied to enfure the Delivery of the Paffports granted to Travellers at the Place of their Deftination, to prevent their being twice ufed, or to afcertain that the Traveller has pafled to the Place of his oftenfible Deftination ; nor when Paff- ports have been changed, is there any Mode by which a Traveller may be traced back to the Place from whence he came. The Means which have occurred to me by which thefe Defefls may be reme« died, are, I ft. That Blank Paffports, with an appropriate Infcription or Seal in Perfian, Malabar, and Telengar, fliall be iffued from each Office at the Prefidency as fhall be charged with the general Controul of this Department, to all Officers, Civil and Military, who may be authorized to grant Paffports, bound in a Book, with a Cheque Margin, for Infertion of the Number of the Paffports and Name of the Bearer, to afford the Means of preventing Forgeries, by Comparifon when returned. 2d. That all Perfons authorized to grant Paffports (hall be ordered to keep a Regifler in a prefcribed Form, of all Paffports iffued, and another of all received ; each Regifler to contain in appropriate Columns nearly a Duplicate of the Paffport, as when, whence, and for what Time granted, to what Place and by what Route, to whom, with a Defcription of his Perfon and the Place from whence he came, the Number of the Paffport, and a Blank Column to fill up with the Date of the Traveller's Arrival at the Place of his Deftination, when the Paffport is in all Cafes to be taken from him. 3d. That all Travellers on arriving at a Station, fhall deliver their Pafiport to the proper Officer, who fliall regifter its Receipt in the fame Manner as on granting one ; and, if the Bearer proceeds further, iiTue a new Pafs in Exchange, ftating whence he came, noting in the old one the Date of its Receipt, and at the End of the Month fending by the Poft all Paffes received, to the Perfon by whom they appear to have been granted. 4th. That the OfBcer at Fort St. George who fhall be charged with the general Controul over Paffports, fliall keep a general Regifter of all Travellers and Paff- ports granted, to enable him to corretl; which all Perfons authorized to grant or receive Paffports are to tranfmit to him monthly a Copy of their Regifter of Paflports granted and received during the Month. 5th. Any Traveller ftating that he has loft his Paffport, to be fent back to the Place from whence he affirms that he received it, or detained till a Duplicate fhall have been obtained ; the Admiffion of fuch an Excufe would open a Door to Collu- .fion and Exchange of Paffports. 6th. All Perfons authorized to grant or receive Paffports, fhall report to the Office of Controul at the Prefidency any Irregularity or Deviation from the efta- blifhed Rules which may come under their Obfervation, together with all Re- marks regarding the Condudt and apparent Views of Travellers which may appear proper or neceO'ary to be communicated, iov the Purpofes of further Inquiry; and all Perfons authorized to iifue Paflports fhall alio be empowered to detain Tra» ■vellers and report their Detention, on fufficient Information of improper Conduct. 7th. Public Officers known to be travelling Poll on the Service, to be exempted from the Operation of thefe Regulations. If this general Outline fhould be adopted, the fubfidiary Regulations would be eafily arranged. The Trouble to be incurred by many Individuals would be confiderable, but with lefs it appears probable that the Check would not be efieftual ; and it will remain with your Lordfhip to determine whether the Exclufion of unauthorized Travellers is an Objeft of fufficient Importance to authorize the Adoption of the propofed Plan. From the Nature of the Authority which muft be vefted in the controlling Office of the Prefidency, your Lordfliip will probably be of opinion that it ought to EAST INDIA AFFAIRS. H5 to be exercifed by one of the Secretaries of the Government, and that he would require the undivided Attention of an additional Aflifbnt to conduct the propofed Arrangements with the Accuracy and Prccifion without which tlic Attempt will be nugatory and inelTedual. I have the Honour to be, with the greateft Rcfped, Your Lordfliip'a molt luithlal Servant, Fort St. George, M. Wilks, 38th February 1802. Town Major Ordered to lie on the Table. EXTRACT FORT ST. GEORGE PUBLIC CONSULTATIONS, 26th March 1802. The Board having taken Into Confideration the Letter from the Town Major recorded in Confultation 26th February lafl, entirely approve the Suggeftion therein fubmitted ; and it is refolved accordingly. That a Code of Regulations be , .prepared without Delay under the Superintendance of that Oflicer, in order that no Time may be loft in carrying this defirable Meafure into Effect. EXTRACT FORT ST. GEORGE PUBLIC CONSULTATIONS, tifl: April 1802. Publiflied the following Advertlfement : " Government Advertisement. Diary, " The Right Honourable the Governor in Council having Reafon to be fatls- fled of the total Inefficiency of the prefent Practice of regulating PafTports either to . prevent the Paffage of unauthorized Travellers, to trace the Route and the Pre- tenfions of thofe of doubtful Character, or to infure the free Progrefs of thofe who are duly authorized, has been pleafed to eltablifli the following Orders for the Regulation and Controul of all Paffports granted under the Prefidency of Fort St. George. " 1. That from and after the ill of June next the Secretary of Government in the Public Department (hall be charged with the general Controul and Diretlion of all Paflports granted within the Territories of Fort St. George. " 2. That Paffports of the prefcribed Form, capable of being recognized by Natives as well as Europeans, in feued Books, with a Cheque Margin for the Infertion of the Name of the Perfon and Number and Date of the Paflport (for the Purpofe of preventing Forgeries fey Coinparifon when returned,) fliall be illucd by the Secretary to Government, to all Perfons who lliall be authorized to grant them ; viz. to the Rchdent at Myfore, and to all Colledors for their refpective Diftrifts, with an Exception to Sea Ports where there is a Commercial Reiident, who will always regulate the Paflports of the Port where he refides ; to the Town Major of Fort St. George for Military Perfons belonging to that Gar- rifon ; to the Adjutant General of the Army for all other Military Perfons leaving the Prefidency ; and to fuch Officer connnanding Mihtary Stations as Ihall be authorized to grant Paffports. Thefe Stations fhall be determined in the firft Inllance, and from Time to Time when any Changes of Stations may occur, by the Secretary to Government in Communication with the Adjutant General of the Army. The Secretary of Government will himfelf regulate the Receipts and Iffue at the Prefidency of all Paffports to Perfons not Military. " 3. That all Perfons authorized to grant Paffports fhall keep a Regifter, in a prefcribed Form, (blank Books of which will be likewife 'tranfmitted) of all .Pallports received, ;ind another of all Palfports iflfued. •" 4. That ^i6 REGULATIONS RELATING TO " 4. That all Travellers, on arriving at a Station, fhall deliver their Paflport to the proper Officer, who fliall regifter its Receipt in the fame Manner as in granting one, and if the Bearer proceeds further, fhall ilTue a new Paflport in Exchange, noting in the old one the Date of its Receipt, and at the End of each Month fending by the Pod all Paflports received to the Perfon by whom they appear to have been granted. " 5. That the Secretary of Government in the Public Department (hall keep a general Regifter of all Travellers and Paflports granted, to enable him to cor- rect which, all Public Officers authorized to grant or receive Paflports, fliall tranf- mit to him monthly a Copy of their Regifter of Paflports granted and received ^luring the Month, and (hall be held refponfible for the Application of the exa£t Number of blank PaflTports with which they have refpedively been furnifhed by the Secretary. " 6. That PalTports to Military Perfons (hall be granted by Military Officers exclufively, and to all other Perfons by Civil Officers exclufively; but in Cafes of Urgency, a Military Officer in the Abfence of the Civil Authority, and a Civil Officer in the Abfence of a Military Authority, may pafs a Traveller to the next Poll or Station, by endorfing his Paflport with the Words " Pafs to ," noting the Date, entering in his Regifter the Particulars of the Paflport in the fame Manner as if he had granted a new one, and entering the Word " Endorfed " in the Column of Remarks. " 7. Any Traveller ftating that he ha^ loft his Palfport, (hall invariably be detained until a Duplicate (hall have been obtained. " 8. Public Officers having received a Paflport, authorizing them to travel Port on the Public Service, (hall not be compelled to wait for the Exchange of their Paflports, nor be fubjeQed to any Part of thefe Regulations which involve Delay. " 9. All Public Officers authorized to grant or receive PaflTports (liall report to the Secretary of Government any Irregularity or Deviation from the eftablilhed Rules which may come under their Obfervation, together with all Remarks re- garding theCondudt and apparent Views of Travellers which may appear proper or neceflfary 10 be communicated for the Purpofes of further Inquiry ; and all Public Officers authorized to iffue PalTports are alfo empowered, on fufficient Information of incorreS or improper Condufl, to refufe a frelh Paflport for the Continuance of a Journey already commenced, (reporting the Detention to the Secretary by the Poft of the Day), or even to reftrain, until further Orders, the Perfon of the Traveller, if fuch Meafure (hall in their Judgment appear to be neceffary. " 10. For the Convenience of official Arrangements, all Letters relating to Paflports fliall be fuperfcribed " PaflTport Service." " Publiflied by Order of the Right Honourable the Governor in Council. Fort St. George, ^ (Signed) John Chamier, 2 1 11 March I S02. Chief Secretary tc GovV EXTRACT FORT ST. GEORGE PUBLIC CONSULTATIONS, 15th May 1802. Diary. PUBLISHED the following Advertifement : " Government Advertisement. *' In addition to the Government Advertifement publilhcd on the 25th May 1799, prohibiting Europeans of every Defcription from pafting through the Company's Dominions fubjed to this Prefidency without a regular PalTport, the Right Honourable the Governor in Council is hereby pleafed to give Notice, That from aod after the zll Day of June next eafuing, any European, of whatever ; Rank, EAST INDIA AFFAIRS. '^ ' iiy Rank, Defcription, or Country, who fliall be difcovrrcd pafHiig throuj^li t!ic Territories under tliisPrcfidency, beyond Fiiteen Miles from Fcrt ."it. Geor^'re, with- out being i'urnifiied with a rcguhir Paflport, will be taken up, and confined until the Pleafure of Gover-nmcnt fliuii be known. " The only Exception which the Rij^ht Honourable Governor in Council has been pleafcd to make to the foregoing Refoluiion, is in favour cjf Ollicers com- manding Parties of His MajeRy's or the Honourable Company's Troops. " For the more ifrid Execution of this Order, Notice is hereby further given, That a Reward of Ten Pagodas will be paid to any Perfon who (hall take up and bring into the nearefh Garrifon any European Deferter or Vagrant of aiiy Defcription. " I'he following arc the Oilicers by whom Paflports will be if'.ucd on Application : " By the Public Secretary to the Government, to Perfons not Military : " The Town Major, to Military Perfons belonging to the Garrifon of Fort St. George : " The Adjutant General of the Army, to all other Military Perfons leaving the Prefidency : *' The Refulents at Ilydrabad, Poonah, Myfoor, and Travancore, the feveral ■Colleftors of Revenue, the Couunercial Refidents refiding at bca Ports, and Officers commanding Military Stations. " Publifhed by Order of the Right Honourable the Governor in Council- " Fort St. George, (Signed) G. G. KtiuLt, 15th May 1802." Secretary to Government." Extraft of Public Letter from Fort St. George, dated 29th May 1802. Para. 33. Being fatisfied of the total Inefficiency of the prefent Mode of regu- lating the IlTue of Paflports to Europeans paffing through the Territories fubjed to the Prefidency of Fort St. George, we have relolved to inltitute a new Arrange- ment of that Department on the ift June next, which will in our Opinion entirely remove the Objection complained of under the former Syftem. 34. For the Particulars of this Arrangement, we beg Leave to refer your Ho- , u vr" 'ch nourable Court to our Proceedings noted in the Margin. p,- j ^ April'. 35. We have appointed Mr. George Moore, of your Civil Service, to have Do. 21 May. Charge of the IfTue and Receipt of Paflporis under the Chief Secretary to the Government, with an additional Monthly Allowance of 25 Pagodas to have Effect from the ift inftant. Extraft Public Letter to Fort St. George, dated 27th April 1803. Lrttci- from, 29th May iSi?. --v Para. 1/8. Wc have perufed the Letter from Para 53 & 35. New Arrangement I ^jg ^q^j^ Major, dated 2d Fcbruaiy 1802, re- lor the RctfulaUon ot railjorts to > r ■ .u ... r n- • r .1 d 1 Europeans paffing through the Com- I prefenting the Utter Inefficiency of the Regula- pany's Territorks. >> tions then in force for preventing unauthorized Travellers from penetrating into the Countiy, and approve of the new Arrangement which Iias been adopted for the Regulation of that Department, as contained in your Advertifements of the 2 id April and 1 5th May 1802. We likewife approve of the Appointment of Mr. Geo. Moore to the Charge of the Kiue and Receipt of Paflports under your Chief Secretary, at an Allowance of 25 Pagodas per Month. Extract Public Letter to Fort St. George, dated 2 2d Auguft 1804. CI. In the 4Sth Paragraph of our feparate Commercial Letter to Bengal, dated i^th June 1802, Copy of which was tranfmitted to your Prefidency, we direded that Lifts of Perfons not in the Company's Service, licenfed to refide in India, fhould be annually tranfmitted Home ; but as this Order has not yet been com- plied with, we uow repeat the fame, and enjoin your Itri^ Obfervaace thereof. (153.) Gg ■ "'"* 'Extrad ii8 REGULATIONS RELATING TO Extra£l; Public Letter from Fort St. George, dated 8th September 1805. 04- 1 16. A Copy of tliis Paragraph has been fur- in the I nif^oj to the Town Maiir of Fort Saint Gcorcre, at- fur- \ r 1 ■ T r • »/-i-j Letter to, 2 2d Aucrull 1804. (ii.) Lift of PerfiHis not 111 ScTvice, refidin'' ia India, to be lur- 1 ,- , • t r • » /-> • j jihliod annually? J ^^'' i"« Information and Guidance. Extract Public Letter from Fort St. George, dated 21ft October 1807. Para. 213. We have reported tc your Honourable Comt, in our Political Dif- patch of this Date, the Meafures which we adopted for embarking the French Prifoners of Wpr and other French Subjefts for the Ifle of France. ^"^°"^"^'' 214. We had previoufly publlflied an Advertifement, requiring all Foreigners ^" ' refiding at this Place to communicate to the Superintendant of Police, and report their Names, Places of liefidence, and Period of Arrival at Madras, and we generally explained to the Superintendant the Importance, in the prefent State of Public Affairs, of limiting as much as poiiible the Intercourfe of Foreigners with the Subjects of theBritifh Government, and obferved that it was neceffary that no Foreigners Ihould be permitted to relide at this Prefidency, whole Charader or Views might be irt any refped doubtful, and who- might not have a particular Licence for that Purpofe. 215. We particularly defired that the Tenor of the Advertifement which had been publilhed fhould be made known to all Foreigners who might be employed at this Place as Artifans, or in other Duties of that Nature. In Con'. 2 1 6. We have fmce, on the Suggeftion of the Supe intcndant of Police, adopted -a6th Aug. fome Improvements in the Ifl'ue of Paffpons, particularly with Reference to Fo- reigners, whicfi are calculated to render the Pailport Regulat ons more tffcdual, and to augment the Check impofed on the Intercourfe of Foreigners with the Britiili Territories. Extract Public Letter to Fort St. George, dated 26th February 1808. Para. 1 2. We inclofe a Number in the Packet for your Information and Guid- ance, Copy of our Orders to the Governor General in Council, dated the 4th February 1807, relative to unlicenfed Perfons not being permitted to refide in India ; and we direct that you pay the mofl particular Regard to the Directions therein contained. EXTRACT FORT ST. GEORGE PUBLIC CONSULTATIONS, 28th June 1808. The Board proceed to read and pafs Orders on the General Letter in the Public and Commercial Departments, received from the Honourable the Court of Direc- tors by the Honourable Company's Ships Alnwick Caftle and David Scott. Public Letter, dated 26th February 1808. (12.) Forwarding a Copy of their A Refolved, That Copies of this Paragraph, and Ordersio the .Supreme Governttient, Kf j^^, p^ ^ to which it refers, be furtiiflied for on the Subiect ol unliccnied I'erlons > i i r ^' i /~i • j c .u i\/t • refiding in India, with Inllruaions in the Information and Guidance of the Marme confcquence. J Board, the 1 own Major of i'ort St. George, and the Collector of Madras, and that the latter Ofiicer be direfted to fubmit, as early as may be practicable, a Lilt and Defcrip- tion of all the Europeans, Englilh as well as Foreigners, refiding at Madras or in jis Environs, who are not in the King's or Company's Service, for the Purpofe of being tranfmitted to tlie Honourable Court of Diiedtors, agreeably to their Inftrudlions. Refolved alfo. That a Copy of the 7lh Paragraph of the Inflrudions of the Honouiablc rbc Court of Dirctlors to the Supreme Government be tranfmitted to each of Uic Zilbh Judges fubordinate to this Prefidency, with Dircdious to pre- pare EAST INDIA AFFAIRS. 119 pare Mithout Delay Reports fimilar. to thofe required by the Honourable Clourt iroin thai Government, ol' tlie l^iinpeansiiot iii t.'ie Kirif^'s or Company's Service, who nuiy be at prcfent refiding within their refpedtivc ZiUahs. EXTRACT FORT ST. GEORGE PUBLIC CONSULTATIONS, 4ih Augult 1809. To the Chief Secretary to Government, Fort St. George. Sir, Para. i. On the Occafion of the Hononrable the Governor in Council havinfj been pU-afed to appoint me to be Afling Superintcndant of Police, amonpft the numerous Documents connected with the general Duties- of the Department, my Attention was particularly directed to Extrads of the Miiiutes of the Goufuhation under Date the 28th June 1808, which, together with Extracts of the Letters from the Honourable Court of Directors, were forwarded to this Office by Mr. Secretary Keble's Letter, dated 29th June 1808. 2. The Documents refer to the increafing Number of BritiHi Subjects refiding at the feveral Prefidencies and their Dependencies without the Licence of the Ho- nourable Company. 3. The Minutes of Confultation directed the Superintcndant of Police to fur- nifli with as much Expedition as the Nature of the Details would admit, a Lift of all Europeans, Englifh as well as Foreigners, refiding at Madras or its Environs, who are not in the King's or Company's Service. 4. The Importance attached by the Honourable Court of Directors to the Sub- je£t of thefe Extracts, the favourable (Opportunity for complying wiih their Injunc- tions which the Occalion of the October Difpatch will alford, together with the Imprefiion that the prefent liir.ited and circumfcribed Authority veiled in my of- ficial Capacity, are totally infufficient to warrant my adopting Meafures which, though eflentially requJfite to the Attainment of the defired Information, might, unlei's fandioned by Government, appear premature or incompatible with the €xifl:ing Powers vefled in Police ;— thefe Confiderations have indr.ced me to fub- niit a few Remarks, and fuggeil fome Plans for the Confideration and Approval of the Honourable the Governor in Council, which appear not only connected with the Subject in queftion, but of a Tendency fuccefsfully to check, the Abufes which have from Time to Time imperceptibly obtained in the Paffport Regulations, and rendered their Provifions almofl: nusjatorv. 5. The latter Fart ot the 4th Section of the Paffport Regulations, 21ft April 1802, pro\ides, that monthly Returns of ail Pairporcs fliall be made to ihePerfons by whom they appear to have been granted. On examining the Regiftry of Paff- ports iffued to Foreigners, I have had frequent occafion to obferve, that the dif- ferent Local Authorities have been extremely remifs in making the neceffary monthly Returns ; the Inconvenience rei'ulting in the Non-obfervance of fo ma- terial a Duty, is too obvious to need remark. I am, however, fully fenfible, that it generally originates in the Negligence of Individuals, who on arriving at their final Deftination fail in reporting themfelves to the proper Authority, and thus preclude all Poffibility of any regular Return being fuinifhed. 6. The Government Advertilement under Date the 2d April 1807, enjoined all Foreigners of whatever Defcription refiding in the Prefidency, to deliver to this Office a Report of their Names, Place of Refidence, and Occupation, and like- wife required Foreigners to report themfelves to the Superintendant of Police within 24 Hours after their Arrival in Madras. 7. Notwithltanding this public Notification of Government regarding Fo- reigners, many Inftances have occurred (antecedent and fubLqucnt to my Ap- pointment) of Foreigners failing in the Obfervance of the Orders contained in that Advertifement, and Arrivals and Departures principally by Sea happened, of which o • u 1. \r- fur- .1 Pafl-poit Regulations. J ' 3^" January i8o8,_ with the View of checking the Intcrcourfe of Foreigners with the Subjec^ts of the Biifiih Government ; and we approve of the Modifications which have been made at the Suggeilion of the Superintendant of Police, in the eltabiirned Paflpoit Re- gulations, which appear to be well calculated to prevent the Ingrefs to the Terri- tories under your Jurifdiftion of Perfons inimical to the Intcrells of the Company. Extraft Public Letter to Bombay, dated nth December 1793. 7. The Situation of our Servants in India, and of Pcrfons refidi e Company's Licence, being very much altered by the Aft of th( is prefent Majeily, Cap. 52. it is become necelTary to vary their Covenants entered to with us, and make them correfpond with the Provifions of that Aft. We Para. 7. The Situation of our Serv.^nts in India, and of Pcrfons refiding there under the Company's Licence, being very much altered bv the Aft of the 33d of His into have tlierefore raufed all the Covenants heretofore entered into by our Sen-ants and others to be alcered, and now fend you a fufiicient Number of each Sort, to (^163) II h be 122 REGULATIONS RELATING TO be executed by all Pcrfons refideilt under your Prcfidency. V/e 6he&, that every Perfon in our Service be called upon ininiediatelv to execute the Covenants proper to his Station ; and that on his reiufing to do lb, he be difniilTed, and have Notice to come llome. We alio direft, that all other Britifli Subjecls refiding under you? Prefidency, whether \S'ith or without Licence, be forthwith called ttpon to execute the Covenants pro;>cr to their Stations ; that on Neglect or llefufal to execute, they have Notice to qiiit India; which Notice, if they refulc to obey, you muft enforce, by fending if^vn Home in fueh Manner as the Law aHo\*Sy as we are determined not to pernltit any Perfon in future to refide in India without oui? Licence, and being under proper Covenants, lb that any L"reguia?ity of Conduct may be more readily correcled. 8. ^Ve fnall at all Tinles be ready to give Licences to fuch a Number of proper Perfons to go to India as may be necellary for effediuating the Purpofes of the A£ty they entering into the ufual Covenants for their Condiict j but we will not allow" any one to proceed to or refide in India without our Licence ; and therefore, if any Perfon hereafter lliM prefume to go to India, and appear within your Jurifdittion without our Licence,- we require you forth wrth to deal with him cfean urilicenifed Trader, and fend hint Home, before he can make fuch an Ef^abliflirhent in Bu&Refe as may be an Excufe for 1'iine being altowed to him to prepare for his RetorOw 9. Inconveniences having arifen by Perfons executing only One Set of Cove-» nants, we direct that each Perfon flail execute his Covenants in Duplicate, One Copy of which you will keep, and fend Home the other. We ftiall puisfae' fh« fame Plan here, fend out one Part of the Covenants to the Prefrdency t6' ■Which the Perfon executing them may belong. ID. You will be careful to have the' Covenants you fend Home wlweflfed By a Perfon whofe Hand-writing is well known, and can eafily be proved in England by Perfons who have feen him write, that we may be under no Difficulty of proving them in England, if fu-eh Proof upon any Occafion fliould become neceffary. Extract Public Letter to Bombay, dated 30th May 1794. Para- 2^ In our Letter of the 1 1 th December laft we informed yOu, that it was our Intention to [end, in confequence of the late Act of Parliament, a fufficienf Number of Coved mts 'to be executed by our Si^rvants and ali Europeans refident under your PVelideiTcy. We harwe' fmce detenrtined, with refpett to thofe in the Company's Service, as we can m'ore readily have Accefs to their Securities than you can, to call on thofe Securities in England immediately, and on fuch Security! being given, we Ihall tranfmit a Counterpart of each Covenant, with the Corn- pan) 's Seal affixed thereto, which Counterpart you mull deliver to the Parties concerned on their executing the Covenants in Duplicate, conformably to ths Mode pointed out in the 9th and. icth Paragraphs of our before-mentioned Letter. Wc have thought it exped'-ieiit thaf the new Covenants which our Servants and others are to enter into in confequence of tlie late Act of Parliament, fliould be dated on the Day on which the Act is direflied to take place in India, namely, the 1 ft L)ay of February 1 794. By the Ship Sir Edward Hughes you will receive fuch a Number of Covenants as on a Calculation we deeni adequate. 3. V/ith regaird to Perfons who refide under your Prefidency and have not entered into Covenants of any Hefcription, we have by the aboVe C'ortveyanctf lent a Number 01 Coveuants of the Denoinina'.i>m of Covenants of " Free Mer- " chants," " Free jVlariners," and of Peifons permitted to refide in India. Thefd iife calculatet^ to fuit all Ferfons who are to refide under the Company's Protec- tion, and you v.'i!l take Care that each Perfon executes one of thele Dcfcriptions in the Me^6 a.1 ready- pointed ou^. Each Perliifl executing a Prce Merchant's Covenant muflfend Home the Names of Tv.o refpoafible Perfons in England to enter into a Security in ths Sum of ,i'2,ooo., and each Peifon figning either of the other Two Dcfcriptions of Covenants, nlufl in like Manner give Security for the Sum of j1^5oo.; and on fuch Security being given, we fiiali tranfmit you thtf Counterpavi,'-,, to be diipofed of as mentioned in the preceding Paragraph. 4. No Difficulty can arife among thofa Perfons who are rcfpettable irt theli* Situations or Connefiii ;ns ; but in Cafes where the Individuals have not refpeftabte" Friends EAST INDIA AFFAIRS. ' 123 Friends in Fnghnd, as we fuppofe fome of the inferior Defcrlixion of Shopkeepers may not have, we antiiorize you to accept of Security from Perfons refldeiit in India, in which Cafe you will give them a Counterpart under the Company's Seal. 5. We have likewife fent a fufficient Number of Covenants to be executed by the Mihtary Officers on your Eflablifhinent ; and afi it has not been iifual fhat Sf- curity fhould be given for tiieir Performance of the Covenants, yf)u will i'f;!iver ts throughout the Province, it being underftood, that when fuch Servant's Refidence is at any Military Poft, the Power of apprehending all Perfons above defcnbed is, ■with the fingle Exception in refped to Military Deferters, to refide altogetlier with the Civil Servant, to whom the Military Officer is, on Reqaifition in Writing, to afford all fuch neceflary Aid as may appear requifite." The following Draft of a Letter, prepared to accompany the above Regula- tions, being alio approved, is ordered to be difpatched to the CommifTioners : ' " To John Spencer Efq. Prefident, &c. Commiffioners. " Gentlemen, *' In purfuance of the Inflrudions with which you are furniflied from the Poli- tical Department and late Committee of Government, in regard to Foreigners, and the Precautions under which they ought to be fuffered to remain in India, or to tiavel through the Provinces under your Charge, welranfmit a Draft of Regu- lations, which we defire may be made as public as pofllble within the Limits of your Jurildidion, and iffued with the flrided Injundi ons to the Superintendants and others under your Authority, to attend to the due Execution thereof in all applicable Cafes. " We EAST INDIA AFFAIRS. i - *' We are of opinion, and have accordingly provided in the 22d Seclion, tliat thefo Rer^uiaiiony will cnually apply to all the principal Ports in iVIaiiibar as to that of Calicut, with the AkL-iatiou ot the Name only, and lubRitiitiiig for ihe Autho- rity of the Prefidcnt of the Commilfion that of the Chief Civil Servant at each Port refpectivcly. " The InrpCctor of the Port fhould in each be, where the Cafe will admit of it, the principal Marine Olficers under your Authority ; buc where either of thcfe are unable to ad, you will of courfe nominate fbme other proper Perl'un to execute the Duty, and as it is fuppofed that the Rcfort of Forcif^n Ships to Malaliar will be by no means frequent, v/e are led to hope that the Services thus prefcribed may be executed by means of the ordinary Boats on the Coad and the prefent iioat, Mailers F.flablilhmtat.s, without iheNeceility of incurring additional Expencc. " Wc dclire it alfo to be clearly underwood and proclaiuied, that no Foreign Ship or VeiVel, of whatever Defcription. belonging to an European Merchant or Power, is to be allowed to have Communication with the Shore at any Port but where a Company's Civil Servant or Servants be Ilationed, with fufficient Means to watch and control the (Conduct of the Officers and Crew during her Stay ; and you will therefore be pleafed to give Dirertions to the Cudom-houfe Officers or Daroghas ftationed at the other Sea Pons along the Coafl, to prevent all Inter- courfewith Foreign Vedcls inadvertently touching at either, and to refer them to one or other of the principal Ports tor what they may require. " For the fame Reafons, we are ot opinion that even Eng'ifh Merchannien fhould not, except under certain Limitations, be permitted to frequt-nt all the Sea-port 'I'owns of the Province indifcriminately ; but here again we are at a Lofs to give you precife In{tru6tions, from not having before us your promifed Plan for the Anchorage of Veifels, and which we therefore again defire to be fpeedily furnilhed with. " Under prefent Circum (lances, it is alfo highly neceflary that all Dows, pingeys, and other Vefllls frequenting the Ports of IMalabar from the oppofitc Shores, fhould be cartifully watched, and more particularly on their fuft Arrival. It would be impracTiicable to carry the prefent Regulations into literal Effect with every Veflel of this Defcription ; but we would recommend at leail, that the Crew of each fhould be m.uflered upon their Arrival and Departure, and the Native Cuftom-houfe Oflicers and Darogas inllrutted, where Gentlemen do not prefide, to prevent the landing of any Ei^ropcan Vvhomfoever, if fuch fhould be found on board, fending them on the contrary under a proper Guard to the nearefl Military or other Chief Station, where they will be proceeded with in the Manner already enjoined in former Inllrudions. I'Vom your local Situation, you are, however, the beft Judges as to how far the Native Officers employed under you may be depended on for an Obfervance of any Piu^t of the prefent Regulations ; and we therefore willingly leave to you tofurnilh themvWth fich painicular written Orders as you fliall deem beft calculated to promote the Objed in view, which is prin- cipally to guard againft the Introduction of Emifl'aries or ill-difpofed Perfons itito our territorial Indian Pofleirions, with Views hoflile to the National Interefts. We arcj Gentlemen, « Bombay Caftle, Your molt obedient Servant, 23d July 1791;. (Signed) LDvncak, kc. Council." The Board deem it advifable to defer their Orders on the Subjed of thefc Regu- lations to the Chief and Council at Surat, until li-.e Arrangements for the future Adminiflration of the City and Settlement now under Refcience to ihe Governor General (hall have been finally decided on, the more efpecially as no Prejudice or Inconvenience can arife from the Delay during the Continuance of the Monfoon. The following Letter is alfo written to the Right Honourable the Governor General in Council : My Lord, In purfuance of the Defire exprefTed in your Lordfhip's Letter of the 2rth of May laft, we proceeded immediately on its Receipt to fraine Regulutiuiis to prcv.-nt (163.) L I tte 134 REGULATIONS RELATING TO the Entrance of European Foreigners of every Defcription into the Company*'; PofTifllons on this Side of India; and we have the Honour to fubmit to your Notice a printed Copy thereof, in the Knclofure No. i. Thefe Regulations we have alfc modified in fuch Manner as to render them equally applicable to local Circuniftances in Malabar, in order that the Purpofes and Views which have led to ihtir Introduction at this Prefidency may be as effeftually attained within the Limits of that Province. As however the Men of War of Foreign States, and particularly thofe of Portugal, may probably objecc to conform to thefe Regulations, we have to folicit the Favour of your Lordfliip's Opinion,, as to whether Ships of this Defcrip- tion are to be exempted in any Degree from the Operation of the Regulations in queftion. We have the Honour to be, My Lord, Bombe- purpofe, which will •prevent the Britifli Intereils being em^barrafied by direct -Applications from the (163.) M m Parties T3« REGULATIONS RELATING TO Parties thus detained by your Authority, or that of the Chief, who muft infuch Cafe decline all immediate official Interference in the Manner fo long praftifed in Difputes with Foreigners at Surat. 3. You will alfo report to us your Opinion whether the Refident at Cambay may not unexceptionably exercife the fame Authority, as far as regards the grant- ing of Paflports feparately from or jointly with the Nabob of that Diftridt, to a like Extent as now cntrufted to the Chief of Surat, Information of the grand Objeft of excluding Foreigners, as well as unlicenfed Britifh Subjefts, from the rnterior Parts of India, without the exprefs Authority and Approbation of the Britifli Governments. We are, &c. &c. Bombay .Caftle, (Signed) J. DuNCAN, &C. 5th Aug. 1799. CounciU My Lord, Having made further Progrefs in framing Regulations for reftricling the Ingrefs of Foreigners into India through the Ports and Territories belonging to the Ho- nourable Company under thisPrefidency, we have now the Honour to fubmit the ■Copies of Letters and Accompaniments written uader this Date to the Command- ing Officer and Commiffioners in the Province of Malabar, the Commiffioner at Cochin, and Refident at Anjengo, as alfo to the Chief and Council at Surat, pre- paratory to the expefted Receipt of your Lordfliip's Inftructions relative to the pending Negotiation in that Quarter ; and we have alfo iffued a Proclamation fimilar to that of your Lordfliip's under the 25th of May. We have the Honour to be, &c. &c. Bombay Caftle, (Signed) JoHN DuNCAN, &c. 5th Aug. 1799. Council. The following Drafts of the Regulations adverted to in the above Letters, and of the Government Advertifement, ordered to be publifhcsd in the next Courier : " Regulation for preventing the unlicenfed Entry of Foreigners of every Defcription into the Port of Cochin and its Dependencies, and for the better Adminiftration of the Police of the Port : " Whereas it is expedient to prevent Foreigners of every Defcription from landing at Cochin or its Dependencies, without Permiffion, the following Rules are enacted for this Purpofe, and for the better Regulation of the Police of the Port. " I. NoPerfon whatever to be permitted to difembark from any Foreign Veflel until fuch Vefiel fliall have been infpcfted by the proper Officer, and regular Per- miffion in confequence obtained. " II. For this Purpofe official Notice (according to the annexed Form) under the Signature of the Commiffioner is to be difpatched to all Foreign VeiTels on their Approach to the Roads. ,, e- *' Form (viz.) " Sir, ^ ' " You are hereby informed of the Refolution of the Governor in Council of Bombay, that no Perfon will be permitted to land from your Veffel, until fne (hall have been duly infpefted by an Officer appointed for this Purpofe ; you are there- fore to prepare a Mufler Roll of your Ship's Company, and of the Paflengers on boarJ, which Roll, under the Signature of yourfelf and your Chief Oflicer, fhall be delivered to the InfpeQing Officer, and ihall, if required, be attefted on Oath. " 2.- The Infpecting Officer is authorized to examine your Crew and Paflengers according to the Roll, which is to contain the Names of every Perfon on board, the Time of their Entry, the Time and Place of their embarking, their Country, .and the Station and Charafter of each. To this Roll you are to add the Names .of all Places at which your Veflel may have touched during the Voyage. " 3. Until you fliall have complied with this Order, you will not be permitted to have Communication with the Shore ; and upon your landing you are to pay EAST INDIA AFFAIRS. 139 pay ftrlft Obedience to the Regulations of the Port and Settlement of Cochin ; in failure of which, your Ship will not be permitted to enter any I3riti(h Port in India." " III. The above intimation is to be conveyed on board the Foreign VcfTel through the ofiiciating Malter Attendant of the Port, who is to require the liiid Vcffel to anchor in a proper Station, until the Infpcc^iiig Olficcr fhall come on board, and make the neceflary Inquiries ; and meanwhile no private Boat is to be allowed to approach her, or other Channel of Communication to be admitted of between iuch Ship and the Shore. " IV. On the flrange Ship anchoring as above, the Infpecling Officer is to proceed on board, and to examine and mufter the Crew and PaiTengers, according to the Lifts which (hall have been prepared under the Signatures ot the Comman- der and Senior OlTicer. " V. If on this Mufler, and fuch further Examination as the Infpeding Officer fliall deem neceflary, he Ihall not obferve any fufpicious Perfon to be on board, he is to return to the Shore with his Report to the Commiffioner, taking Care in the meanwhile to prevent any Perfon from quitting or proceeding on board of the Ship in queflion. " VI. In cafe the Commiffioner be fatisfied with the Report of the Infpecting Officer, he fliall authorize the opening of the Communication between the Ship and the Shore, whereupon Notice is to be immediately tranfinitted to the Cuflom Mafler, who is then to lend his Boat on board, witii fuch (Orders, and under fuch Regulations as relate to his Department. " VII. The Captain or Supercargo of every foreign Ship importing fhall, imme- diately on his landing, deliver into the Police Office a I.ilt of fuch of the OiTicers and Crew as it is intended Ihall refide on Shore during the Ship's Stay, when, if the Commillioner fee no Objedion, the Police Officer fliall thereon grant a Cer- tificate ot their being permitted to remain on Shore. " VIII. The Captain or Supercargo fhaJl further leave at the Police Office a •Paper, with the Signatures of fuch Officers of the Ship, (not exceeding Three on board of each j, whofe Authority ffiall, when counterfiLmed by the Police Officer, be a fufficient Warrant for fuch of the Crew as may have Occaiion to be on Shore for a Time only, which Time is to be fpecified in the Permit. " IX. All Seamen and others belonging to Foreign Ships, and fufpicious Per« ions in general, not in poffisffion of either a general or temporary Pafs as above, are to be apprehended by the Police Officer, and kept in Cuftody, the Captain or Supercargo of the Ship being charged wiih all Expences attending their Seizure and Detention. " X. A Regiiler of all Pafles granted under this Regulation is to be kept in the Police Office, in correfponding numerical Order, for the Purpofe of Reference. " XI. Orders are to be iflued at the Stations of all Military Guards, to prevent the paffing or landing of all Foreign European Seamen, who ffiall be unprovided •with a Pafs counterfigned hy the Police Officer. " XII. If at any lime the Police Officer ffiall fee Canfe to fufped Perfons, thus landed, of improper Intentions, he is to apprehend and detain the fame, and make Heport accordingly to the Commiffioner. " XIII. No Commander of a foreign Ship ffiall receive or entertain on board any Perfon from the Shore, either as a Part of his Crew or as a Pafl'enger, without a Permit from the Commiffioner. " XIV. When any Foreign Ship Is about to depart, the Infpe£ling Officer ffiall, previous to the Embarkation of her Commander, repair on board, and mufter and examine the Crew, according to the Lifts furniffied on her firit Importation, and afcertain the Coincidence between the reported Cafualtics and prefent State, tnd require from the Commandtr the Commiffioner's permit for all fuch additional TVIen or Pafl"engers as may on this Scrutiny be found on board. " XV. In Cafes which ihall require it, the InfpeiSing Officer ffiall, befidcs the appointed Examinations hereby fpecifically ordered, learch any Foreign Ships under fufpicious Circumftances, and report the Relult to the Commiffioner lor "his Orders, who is thereon to proceed according to ihs Letter and Spirit of the iRuIes herein laid down. *•■ XVI. After I4« HEGTJLATtONS REL ATWC TO *'^ SVI. Aftet the Tnfpefting Officer has made his final Mafter, no Perfon Is to tie albtved to quit or go on board of the departing Ship without a Pafs from the CommilTioner. " XVII. An immediate Report is to be made to the Commiffioner, of any- Foreign Ship which may attempt to fail from the Roads without the regular Port Clearance ; at the fame Time that he is authorized to detain her by Force, fhould Force be requifite, and the Means of effefting it within his Power. " XVIII. No European Foreigner, or even Britifli Subjedt, fliall on any Ac- count be difcharged from any Ship under Englifh Colours, without Leave from the Commiffioners ; and when that Permiffion has been granted, the difcharged Man is to be fent to the Office of Police, where his Name is to be regiftered, and a proper Paffport granted him, as in the Cafe of Seamen of Foreign Ships. " XIX. All Merchant Ships, whether Englifh or Foreign, without Diftin£lion, fhall on their Arrival deliver in correft Lifts of their Ship's Company to the Infpe£lor of the Port, who is to examine fuch Lifts on the Departure of fuch Ships refpedively, and to report to the Commiflioner the State of the European Part of the Crew, with fuch Cafualties as may have occurred, with which if the Commiflioner be fatisfied he is to inftruft the Cuftom Mafter accordingly, till which the Veffel's Port Clearance is not to be granted. The Objed of this Regulation being to prevent Foreign or Britifn Subjefts improperly remaining on Shore behind the Ships that brought them, which, befides other Inconveniences, is calculated to entail undue Expence on Government. " XX. Officers commanding Poils within the Limits of the Company's Pof- feflions at Cochin, are to take up and'fend to the Commiflioner all Europeans not in the Service of the King or Company, or not poflefllng a Licence or Paflport, "•who fliall be found within the Limits of their refpeftive Commands. " XXI. Where fuch Europeans fliall prove to be Deferters from tlie King's or Company's Troops, the Commiflioner is to make them over to the Command- ing Officer of the Fort, on whom the Decifion refpecfing them will depend ; but in all other Inftances the Perfon fo apprehended is to be detained in fafe Cullody under the Commiflioner's Authority until he fliall have inquired into the Cafe and made his Report to Government, excepting only where the Commiflioner fliall be of opinion that there is no juft or fufficient Caufe for detaining the Party thus flopped or apprehended ; in which Cafe he is authorized to enlarge him, recording his Reafons in his Diary, and afiigning them likcwife to Government in fuch fpecial Cafes as may require it. " XXII. The Commiflioner will caufe the feveral Provifions in the preceding Seftion of this Code of Regulations to be carried into due and full Execution at all Sea-ports and Military Stations fubordinate to Cochin, with fuch local Modifi- -cations as Circumilances may require. *' Bombay Caftle, ^th Augult I'j'jg.'' *' Government Advertisement. " Notice is hei'eby given, That from and after the Date hereof no European Perfon, of whatever Rank, Defcription, or Country, will be permitted to travel through the Company's Dominions fubjeft to this Prefidency or the Province of Malabar, unlefs he fliall be regularly furniflied with Paflports for that Purpofe. " The only Exception v/hich the Honourable the Governor in Council has been pleafed to make to the foregoing Refolutions is in favour of Officers com- manding Parties of His Majefty's or the Honourable Company's Troops. " All Perfons about to travel are accordingly required to take out a Paflport from the Head Civil Servant of the Diftrift in whicli they may refide, i. e. from the Prefident of the Commiffion at Calicut, the Superintendants of the Northern or Southern Divifions of the Province of Malabar, or the neareft of their Alfiftants, afting in the Capacity of local Magiftrates or Colleftors, the Commiflioner at Cochm, and the Refident at Anjengo, or in Places where there may be no Civil Servant, from the Commanding Officer of the neareft Garrilon ; which Certificate or Paflport fliall be produced lo the next Civil Servant or Commanding Officer, who are authorized to cancel it, and if neceflary to iflue a frelh Paflport. ♦' And EAST INDIA AFFAIRS. U* ''< And Furnpean Pcrfons of all Dcfcripiions are hereby warned, That whoever l^all be tound travelling without a Riffport will be taken up and conhiieJ until tt Report of his C.afe can be made to tlie Connninioners at Calicut. " Notice is hereby given. That a Reward ut 25 Rupees wdl be paid to any Perfon wlio fhall take up and bring into the neared Civil Stition or Garrifon any Eur< ptaii Deferler or Vagrants of any Defcription, which Reward the Local com- petent Authority is hereby required to pay. " By Order of the Honourable the Governor and Council. „ Hombny, (Signed) " R. RiciCARDS, 5th Auguil 1799. " Scc=' to Gov'." Read the following Letter from the Supcrintendant of Police. Honourable Sir, Thus Day I have been favoured with a Copy of the Government Advertifement for my Information and Guidance, rcfpeding the preveniing I*'oreigners from landing, Sec. at tlie Prefidency without the Permiffion from the Government. As thefe Regulations will much increafe the Bufinefs in the Police Ofilce, (already very confiderable,) I beg have to fubinit to the llonouiable Board the cnclofcd Statement of an additional Edablifhment abiolulcly necelfary to carry the above Regulations into LffecL I have the Honour to be, &c. &c. Police onkc, (Signed) S. Hallidav, 5th Aiiguft 1799. Sup', of Police. A Lift of additional Conflables, &c. neceflary to be employed in the Police Office, from the Regulations lately adopted by Government to prevent Foreigners, &c. fiom landing at the PrefiJency without Permiffion, 3 European Conftiibles, at 40 per M. - - 120 A Purvee and Stationary, 20 - - - 20 140 N. B. A proper Place to confine every European it may be neceflary to apprehend. I humbly fubmit, for the Confideration of the Honourable Board, that the Godowns under the Old Mayor's Court Iloufe may, with very little Expcnce, be appropriated to that Purpofe. (Signed) S. Halmday, Sup. of Police. The additional EftabliOiment applied for by Mr. Halliday is fanftioned, and the Civil Archifed will report at what Expencc the Godowns under the Court Houfe may be converted into a Place of Confinement for Europeans as above prepared. EXTRACT BOMBAY PUBLIC CONSULTATIONS, 30th Augud 1799. Read the following Letter, with Enclofure, from the Civil Archited: Honourable Sir, The attending Paper is an Eftimate of the probable Expence which will be in- curred by executing the Inftrudions of the Supcrintendant of Fo'.ice, for convert- ing fome Godowns under the Old Court Houfe into a Place of Confinement for Europeans, together with the requifite Additions for fecuring the Entrance of the Court Yard, I have the Honour to be, Honourable Sir, Bombay, Your mo!t obedient Sen'ant, 30th Auguft 1799. (Signedj AV. Brookes, Ading Civil Archited. (163.) Nn An 143 REGULATIONS RELATING TO An Efllmate of the probable Expence which will be incurred by conveftinjt certain Godowns under the Old Court Iloul'e into n Place of Confinenieat for Europeans, fcr raifing the Walls at the Entrance of the Court Yard, and making a new Gate, in conformity with Inftructions by the Super in- tendant of Police. Bombay, 3othAuguri: 1799. lol Brafsof Mafonry, at 20 per Brafs - - - Rs. 215 • Making a new Gate, 10 Feet high and 8 broad : 5f Bafllin TimberSj each of i Guze, is 5'- Guze, 1 at 10 per Guze - - - j 14I Maund Iron Works, 7 per Maund - io_: 3 Iron Padlocks, 1 each - - - ^ 55 — 161 1 — Carpenters • - - 40 Sawyers - - - 5 ' — Labourers - - - 10 Hire - - - -12 — 50 3 ~ 218 — — Godown No. i. 1 Door complete, with Frames, &c. yi Feet high "| and 54- broad - - - - / 2 Windows, complete, with Iron Bars, &;c. each | ^ -^d 7 Feet high and 3 broad - - - j ' " Making Wooden Railing for 6 Arches, each of 9I \ broad and 5 high, and 3 Doors in it - - J Makint^ 2 Partitions, each 13 j Feet high, 10 broad 173 i 410 I — Godown No. 2. 2 Windows, complete, with Iron Piars, 5cc. - 446 i 64 e Doojs, complete, with Frames, &:c. - - 90 — — 747 2 36 53^ 1 44 Sea-fide Gate, 8 Feet high, 9 broad. 3-^ Baffein Timbers, each of i Guze - - 35 2 Pair Iron Garnet Hinges 10 Pound Europe Nails Carpenters Sawyers Labourers Hire - 2 57 19 a — 7 42 — 31 3 SO 40 57 — 3^ 3 5^ 7 Rupees - " 'i^^'L.^. 87 (Signed) W. Brookes, A. C. A. (E.E.) The Alterations above pointed out are authorized as being nccefTary to enable the Superiutendaut of Police to carry into Execution his Part of the Duty ret;uircd by the Regulations lately paffed for the Port here. Extrad Public Letter from Bombay, dated ill September 1799. Para. 4. In purfuance of a Recommendation to this Y.ffcCt from the Governor General at Fort St. George, we have lately inftitutcd certain Port Regulations, as well EAST INDIA AliTAlRS. t45 Vvell for this Prcfulcnry ns its fevcral Subordinates, of which we have the Honour to fubmit Drafts for your Honourable Court's Perufal and Conndeniion. 'I'Jiey are, as will be perceived, calculated t'j check tiie Kntrance of I'oreigners into the interior Parts of India, and of the National r.nemits into any of the Com- pany's Settlements or Poflimons, with Views of a hollilc or prejudicial Tendency, and to guard againll ill EfFefls of rheir apprehended Intrigues. Our Regulations are modified upon ihofe adopted for the Prefidcncy of Port St. George; and, as to give them due Kllecl, an additional Ellablifliinent of Ofliccrs, Servants, and Boats, has proved neceflary, we beg leave to lay before you (in No. 3.) the Copy of a joint Letter from the Superintendant of Marine and iMaibjr'Attetulant. who is now alio Infpeiflor of the Port, and of Two others from ti)e Superintendatit of Police and Civil Archited, whofe feveral Recommendations, as therein contained, we have for the prefent fanftioned, with the Addition of the followinj; Salaries to Superior Officers employed, hoping that they may meet the Approbation of your Honourable Court, viz. Infpedor of the Port, - - Rupees 400 per rilenfem. ift Afliflant - - - - 100 Do. ad Do. - - ... 50 Do. 3d Do. - - - - - 60 Do. Extra-H: Public Letter to Bombay, dated 28th Augufl 1800. Lcttei- from, 11I September 1799. 1 Para. 141 . We approve of the Regulations which (4.) New Port Regulations. S ^t the Recommendation of the Governor General in Council have been framed by you for preventing the Entrance of European Foreigners into India through the Ports and Territories beloiiging to the Company under your Prefidency, and of the addiuonal Eftablifhment for carrying the fame into Ex£cution. Extrad Public Letter to Bombay, dated 26lh Augud 1801. Para. 2. Having been informed that the Country Ships engaged by our feveral Prefidencies in India to bring Goods on Freight for Individuals, (particularly the Cornwallis and Porcher), have on their Return Voyage taken Paflengers without our Permiffion for that Purpofe, and as this Practice is an exprefs Breach of the Covenants in their rcfpective Charter-parties, we direft that a ftrict Examination be made on tlie Return of all Ships of the above D.fcription whether any Paf- fengers have proceeded to India without our Licence; and fliould any Perfon appear to have been taken on board without our Permiilion, the Penalties incurred by this Breach of Covenants mull be ftrictly enforced, and the Parties who are taken out in this Manner, are not on any Pretence whatever to be allowed to remain in India, but nmit be ftnt to England by the earliefh Opportunity. Extradl of Public Letter from Bombay, dated the 30th June 1802. Letter to, 26th Auguil iSoi.'J 4. Having determined to adopt the Rule laid down Pub. Conf. (2.) Country Slnixs conveying fjj^jj^j^pj^ j^ ^,l q.^^^^ ^f Country Ships re- i^-vhFcb. ralicngers to India witiiout rer- > . V i- • y ^ • 1 r n • n 23d Ditto miffion i>, breach of Charter- ( turning to India, It was applied m the firfl Inflance, i j^^^.; party, with Orders tlicreon. J as per Proceedings quoted in the Margin, to the Ships Scaleby Caftle, Upton Caftle, and Carron ; from whence it will appear, that the Pallengers by the former had all the PermilTion of your Honourable Court to proceed to India. The fame may be inferred of the Paffengers by the Upton, although the Vouchers for this Permiirion are not fo regular as in the former Infl;uice, from the Commander not knowing, as he alledgcs, lluit he would be called upon here to produce them. Indeed, the only doubtful Cafe may be faid to be that of Mifs Blackall, whom, for the Reafons Pub. Conf. recorded on our Proceedings, we have permitted to remain in the Country, until ^Stli Feb. your Honourable Court's Pleafure be known, while Captain Pavin, the Com- mander, was at the fame Time ferioufly admoniflied againft receiving Paflengers ill future on board his Ship without proper Authority. 6. It )44 REGULATIONS RELATING TO 6. It is alfo made a Handing Rule for the Commanders of Country Ships, on their Return from England to India, to feiid in official Notification of their Arrival^ Lifts of th'jir Ci-evvs, with the Cafualties or Additions that have taken place during the Voyage, and alfo to deliver in for Record a Journal of their Proceedings for the fame Period. Extrafl: Public Letter to Bombay, dated 6th Oftober 1802. Para. 1 1. No Peifon fliall be allowed to proceed from England in the Station of Commander or Mate of any Jndian-built Ships, which (hall have been allowed to bring Cargoes to this Country on account of Individuals, who has not pre- vioufly obtained in England Free Mariners Indentures. Extract Public Letter to Bombay', dated 27th June 1804. Para. 2. It being efTentially neceffary that proper Security Bonds fhould fee given tor the Performance of all Covenants entered into by the Company's Ser- vants, or other Perfons refiding in India with our Permifiion, we direft, that whenever fuch Covenants fhall be executed at your Prefidency, you require the Parties executing the fame, to deliver to your Secretary, in Writing, the Names and Dtfcriplion of proper Pcrfjns in this Country, (not in the Company's Service), to whom Application may be made for the Purpofe of iigning the neceffary Security Bond ; aud we mult be advifed thereof by the next Conveyance. 3. When Applications are made to us from Perfons wiflnr.g to return to India, who, although not in the Company's Service, have refiJed there under Licence, it becomes highly neceffary that we fhould have the Means of knowing how far the Parties may have conducted themfelves with Propriety. 4. We therefore direft, that you give public Notice that no Perfons of that Dclcript'on quitting Inuia will m future be permitted to return thither, uniefs they f'lall produce a Certiticate from the G^veininent under whofe Protedion they have refided, that their Condutl; has been fuch as to give them a Claim to the Indulgence of having their Licences renewed. Extraft Public Letter to Bombay, dated 2 2d Auguft 1804. Para. 13. In the 48th Paragraph of our feparate Commercial Letter to Bengal, dated 16th June 1802, Copy of which was tranfmitted to your Prefidency, avc direfted, that Lifts of Perfons not in the Company's Service, licenfed to refidc in India, fhould be annually tranfmitted home ; but as this Order has not been complied with, we now repeat the fame, and enjoin your ftrid Obfervance thereof. ExtraO; Public Letter from Bombay, dated- the 31ft May 1805. Letterto, dated 2 2d AuguH: 1K04. 1 Para. 12. Cony of this Paragraph has been Para. 13. Order for Lifts of Perfons /(-pj^j ^,^ ^^^ Superintendant of Police, with not in the Company's service licenled > ,^ , ^^ j a 11 . u t -a • 1 to rcf.de in India, being annually fent 1 ^^^^^rs to attend punaiially to the Lifts required- home, repeated. -'by your Honourable Court being delivered in, in conformity to the Inftrutlions of your Ho- nourable Court. Extradl Public Letter to Bombay, dated 26th February 1808. Para. 5. We enclofe a Number in the Packet for your Information and Guid- ance, Copy of our Orders to the Governor General in Council, dated the 4th February 1807, relative to unliccnlcd IVrfons not being pcrniitted to rcfidc in India; and we dircd that you pay the moft particular Regard to the Dircdions therein contained. Extrad EAST INDIA AFFAIRS. 145 Extrafl of Public Letter to Bombay, dated the aifl April i8og. 2. We have direftcd our Commanders, that immediately on the Difcovcry of ^ny of their Officers or Midfhl])incn having quitted their Ships widiout liie Autho- rity of the Government, tli'jy will make Application to the Police for their Ap- prchonfion, and alfo report them by Letter to the Governor in Council, in order that they may he fecured and returned to Europe ; you will thcri-.i'ore adopt fuch IVleafurcR as fliall enfurc the early Return to this Country ot all Perfons who may ihave quitted their Ships without Permilliou. Extract of Public Letter from Bombay, dated 3 1 fl January ! 8 1 o. '.onununicatlons contained in this Para- require any particular Reply beyond an irom snips. J " -■--, ^-lat your Honourable Court's feveral In- ftrudions will be ftridly attended to. Extraft Public Letter from Bombay, dated the 4th April 181 1. Para. 84. The Conquefl: of Bourbon having led to a Variety of Applications from Europeans licenfed to proceed to India to repair to this Ifland, we deemed it proper to eftablifli it as a general Rule, tiiat all fuch Perfons be fubjeft to be fent away whenever the Britiih Local Government may think fit, either to India or to Great Britain, at its Option, with a View of guarding againfl: any prejudicial Effefts refulting from a Pradice, which in other Refpeds it feemcd advifeable not to difcourage, as thefe Adventurers promoted the important Objedl of throwing Supplies into the Ifland, of which it flood much in need. Extraft Public Letter to Prince of Wales Ifland, dated 18th April ^805. Para. 39. We refer you to the 129th and following Sections of the AQ: of the 33d of His prefent Majefty, relative to Ships and unlicenfed Perfons trading within the Company's Limits, and relative to unlicenfed Perfons thcmfclves found within thofe Limits. The i32d Claufe provides for the Manner in which fuch Perfon"; are to be treated, and the 133d Claufe virtually invefl;s the Governor of Prince of Wales Ifland with the fame Authority over fuch Perfons as is vefted in the Gover- nor General of Fort William, in the Governor of Fort St. George, and in the Governor of Bombay. In order to prevent the Ifland from being a Receptacle for European Adventurers, we direct that none be allowed to fettle upon the Ifland (except fuch as fliall have received our previous Licence to remain in India) without the Permiflion of your Ciovernment, which Pcrmifl"ion fliall be fubjecl to our Confirmation ; and we dirett that you fend us regular Information of the Perfons to whom you grant fuch Permiflion. We enclofe you Copy of the ufual Covenants entered into with the Company by Free Merchants and Free Ma- riners, by which our rcfpedive Governments are empowered to withdraw fuch Licences if they fliall think proper to do fo, on giving Twelve Months previous Notice thereof; at the fame Time we direft that you aflx)rd every proper Encoii- xagement to induftrious Settlers who are Natives pf any Part cf India or China. (^16^,) O o ,14(3 REGULATIONS RELATING TO No. 3. COPIES of fiich Parts of the Public Regulations palled by the Governments of Bengal, Fort St. George, and Bombay, as relate to the Refidence of Europeans in India. BENGAL REGULATION III. A.D. 1793. Seftion IX. The Zillah and City Courts are to have Jurifdidion over aiilBritifk Subjeds, (excepting King's Officers ferving under the Prefidency of Fort William, and the covenanted Civil Servants of the Company and their Military Officers,) fo far as not to allow them to refide or take up their Abode within their refpetlive Zillahs or Cities, at a greater Diftance from Calcutta than Ten Miles, unlefs they execute the Bond prefcribed in Regulation XX VIII. 1793, to render themfelves amenable to the Court in all Suits of a civil Nature that may be inftituted againlt them by Natives or other Perfons defcribed in Section VII. in which the Amount claimed may not exceed 500 Sicca Rupees. Section XL If a Native, or any other Perfon not being a Britifli Subjeft, (hall confider himfelf aggrieved under any Regulation printed and publiihed in the Manner dire£ted in Regulation XLl. 1793, by an Act 4one bv any of the Officers of Government defcribed in Section X. purfuant to a fpecial Order originating with the Governor General in Council or the Board of Revenue, or Trade, the Officer by whom the A&. may be done is not to be liable to be fued for it. In fuch Cafes Government is to be confidcred as the Defendant, and the Perfon deeming himfelf aggrieved is to prefent a Petition to the Judge of the Dewanny Adawlut of the Zillah or City in which the Officer by whom' the A£l complained of may be done, ftating vi'herein he confiders himfelf in- jured under the Regulations, and praying that the Governor General in Council will order the Court of Dewanny Adawlut, in which the Caufe may be cognizable, to try the Points or Matters contefted, agreeably to the Regulations. The Judge to whom the Petition may be prefented, is to forward it immediately to the Governor General in Council, who, provided he (hall not think it proper to affiard the Redrefs that may be folicited by the Petitioner, and the Courts of Juflice, (hall be competent to try the Caufe, will direft the Court in which it may be cognizable to proceedio the Trial of it. If the Governor General in Council fhall order the Caufe to be tried, the Court is immediately to fend a written Notification of the Order to the Complainant, and the Caufe is to be confidered as filed in the Court from the Date of the Notification. The Court is then to proceed to try the Suit, under the fame Rules imd Regulations as are prefcribed for the Trial of Suits between Individuals. The Oflicer by whom the A£t complained againlt may have been done, is to carry on the Suit under the Diredtions of the Governor General in Council or the Board of Revenue or Trade, according to the immediate Authority under which he may have acted, and is to iffue the neceflary Initrudions to the Vakeel of Government in the Court in which the Suit may be inftituted, or fublbqucntly carried in Appeals. In the Event of Government being caft in any of the Courts, the Officer entrufted with the Management of the Suit is to fend a Copy of the Decree and Pro- ^ceedings of the Court to the Governor General in Council or to the Board of Revenue or Trade, according to the immediate Authority under which he may have acted, with a Letter ftating any Objedtions that he may have to offer to ilhe ikcifiou. The Boards above mentioned are to fubmit all fuch Decrees and Proceedings EAST IWIjIA Al'FAIRS. 147 Proceedings to the Governor General in Council, wilh their Opinion rcfpc£ling them. 'I'he Governor General in Council will order an Appeal Iroin the Dcci- fions that may be traurmiued to him under this Section, to be prelcrrcd or not as may appear to him ad viable. The C'ofls and Damages that may be awarded againfl Government in Suits indituted under this Sedion, are to be defrayed from the public irealury. All fpecial Rule^ refpecting Cales of the Nature of thofe delcribed in this Sedion, are to be duly attended to by the i'laintifT and the Boards and (Jlhcers concerned in them. BENGAL REGULATION IX. A.D. 1793. Se£lion XfX. In the Event of any Acl being committed by a European Rritidi •Subjeft, which may render him an Object of a Criminal Profccutioa in (he Su- preme Court of Judicature, to wiiich (;ourc alone Euiopeaii Brilifh Subjecls; are ■amenable, in fuch Cafes the Magiflrate, upon Informati(Ju of the Ai-.t being lodged before him upon Oath, Is to apprehend iuch Briiifii Subject, and to make Inquiry into the Circumflances of the Charge without Dcl:'y. Alter fuch Inquiry, if he fhall be fatisfied in his own Mind that there are fufficient Grounds for com- mitting fuch Britilh Subjeft for Trial, he is immediately to convey him under fafe Cuftody to one of the Judges of the Supreme Court of Judicature, and to report: the Circumftances of the Cafe, for the Information of the Nizanmt Adawlut. He is likewife to bind over the Complainant to repair to Calcutta before the Seffion next enfuing, to profecute, and to take Security from theVVitneffes for their Appear- ance at the Trial. In cafe of the Inability of the Profecutor or the Witnelfes to defray the Charge of the Journey, the Magiflrate' is to ftate to the Nizamut Adawlut what pecuniary Afliltance he would recommend being granted to them. All Europeans, net Britifli Subjeds, are amenable equally with the Natives to the Authority of the Magif- lrate, and to the Courts of Circuit for Trial before which they may be committed. BENGAL REGULATION XXXIL A.D. 1793. Sedion IV. If any Britifh Subjed fhall be convided to the Satisfadion of the Go- vernor General in Council of having been concerned in any illicit Trade in Opium, in oppofition to the Regulations of Government limiting the Provifion and Manu- fadure of Opium to the Public Contradors, he fhall be liable to forfeit the Com- pany's Protedion, and be fent to Europe. BENGAL REGULATION XXXVIIL A.D. 1793. A Regulation for re-enading, with Modifications, fuch Part of the Rule pafled on the 27th June 1787, as prohibits Covenanted Civil Servants of the Company, employed in the Adminiftration of Juftice or the Colledion of the Public Revenue, lending Money to Zemindars, independent Talook- dars, or other adual Proprietors of Land, or dependant Talookdars, or Farmers of Land holding Farms immediately of Government, or the Under Farmers or Ryots of the feveral Defcriptions of Proprietors and Farmers of Land above mentioned, or their reipedive Sureties ; and for re-enading, with Alterations, the exiiting Rules prohibiting Europeans of any De- fcription holding PoflefTion of Lands that may be mortgaged to them, or purchafing or renting Lands for ereding Houfes or Buildings for carryini^ on Manufadures or other Purpofes, without the Sandion of the Go- vernor General in Council. PafTed by the Governor General in Council on the ifl May 1793, correfponding with the 21 ft Byfaak isco, Bengal Era ; the 6th Byfaak i 200, Fufhly; the 21ft Byfaak 1200, Willait}' ; the 6th Byfaak 1850, Sumbut ; and the 19th Ramzaan 1207, Hegeree. At an early Period after the Eftablifhment of the Britifh Government in this Coimtry, the Servants of the Company employed in the Adminiftration of Juftice and Colledion of Revenue were prohibited from lending Money to the Land- holders and Farmers, and others concerned in the Colledion or Payment of the Revenue, in order to guard againft the Abufcs that the Powers with which they vrerc 3 48 ■REGULATIONS RELATING TO (Covenanted Scn-:ints of ;the Company employed in the Adminiftration of Juftice, or the CoUertion cf the Revenue, prohi- bited lending Money to Proprietors or Farmers of Land, Dependant Talookdars, Under Varmers or Ryots, or their Sureties. Europeans no.v poirelT- ing or who miy here- after purchafe, rent, or cccupv Land without the Sanction of the Go- vernor Gcnerjl in Council, liable to be dif- poflifled at his Difcre- tion. T.uropeano not prohi- bited lending Money to Proprietors, &:c. on Mortgage of the Eftates or Leafes, net to be allowed to h:ivc Pofiel- fion of the Land, or to have any Concern in the CoUeftioRs. •CoUeftor to depute on ■Cflicer to mealure Ground which the Governor General in Counail may permit a European to hold. Collectors to report whcQ any Europcins may polfefs themi'elves cf Land without Au- thority. Annual Stttement of Lands held liy luiro- peans to he fent hy the Collettors to the Beard ef Revenue. were inverted would have enabled them to praflife, had they been permitted to en'^nge in fuch Tranfaftions with Individuals fubjeft to their official^ Controttl and Autliority. This Rule was incorporated with the Judicial Regulations paiTcd on the 5th /uly 1781, and has fince continued in force. From a Regard to the Prtjudiccs of the Natives, and with a View to promote their Eafe and Happinefs, and to obviate the Evils that would neceffarily have refulted from allowing any Perfons not amenable to the Provincial Courts of Judicature in common with the Natives, to purchafe or rent Eliates without Reilriftion or Limitation, or to hold any Land whatever, excepting for the Erection of DwelHng Houfes or Buildings for ManufaSures or other commercial l-'urpofes, it was likewife early made a Rule, that no European fnouid purchafe or hold Land out of the Limits oi Cal- cutta without the Sanction of Government. This Rule was included in the Revenue Regulations paiTed on the 8th June 1787, and has fince remained in force. The Rules above mentioned are hereby re-enacted with Modifications. II. The Judges and Magiftrates of the Ziliah and City Courts, the Judges of the Provincial Courts of Appeal and the Courts of Circuit, and the Regifiers to their refpeflive Courts, and their Afliftants or other Officers, being Covenanted Servants of the Clompany, and the CoUeftors of the Revenue and their Afliftants, are prohibited lending Money, direclly or indiredly, to any Proprietor or Farmer of Land or Dependant Talookdar, or Under Farmer or Ryot, or their Sureties; and all fuch Loans as have been made, in Oppofition to the repeated Prohibitions of Government, or which may be hereafter made, are declared not recoverable in any Court of Judicature. III. No European, of whatever Nation or Defcription, fiiall purchafe, rent, or occupy, diredly or indiredly, any Land out of the Limits of the Town of Cal- cutta without the Sanftion of the Governor General in Council ; and all Perfons now fo holding Land beyond the Limits of Calcutta without having obtained fuch Permiflion, in Oppofition to the repeated Prohibitions of Government, or who may hereafter fo purchafe, rent, or occupy Land, fhall be liable to be dif- poflefled of the Land at the Difcretion of the Governor General in Council ; nor fhall they be entitled to any Indemnification for Buildings which they may have erecfed, or other Account. IV. Europeans who are not prohibited from lending Money to Proprietors or Farmers of Land, Dependant Talookdars, Under Farmers or Ryots, and who mny make Loans to them on the Security or Mortgage of their Lands or Leafes, fhall not be allowed, direftly or indireftly, to hold Pofleflion of the Lands the proprietary Right in which or Leafe whereof may be mortgaged to them as Secu- rity for the Loan, or to make or appropriate the Collections, or to hav^ any Concern or Interference whatever in the Management or Collection of the Rents or Revenue of the Lands. V. When an European thall he permitted by the Governor General in Council to purchafe, occupy, or rent any Land out of the Limits of Calcutta, it fhall be tneafured by an Officer to be appointed by the Colleftor ; and the Expeiice attending the Meafurement fhall be paid by the Party purchafing, renting, or occupyhig the Ground. It lh;ill be the Dut^ of the Colledors to report to the Board of Revenue, for the Information of the Governor General in Council, every Inftancethat may come to their Knowledge in which Europeans may direftly or indirectly purchafe, occupy, or rent Land without fuch Authority. VI. Upon the Receipt of this Regulation the Colleftors are to tranfinit a State- ment, fpecifying the Names of the Europeans pofTefiing, renting, or occupying Land within their refpe£tiveZillahs, the i'.xtent of the Land, the Purpole to whicti it is applied, and from what Period and under what Authority it has been fo pof- leffed, occupied, or rented. The Collectors are to tranfmit a fimilar Statement to the Board of Revenue annually by the ift of January. BENGAL REGULATION XXXIX. A.D. 1795. Scdim Vlll. The ColIeQor of the Cuftoms fliall not allow the Cargoes to be landed from anv Ships or Vcifcls, the C'ommamiers of which arc required to fur- 4iiiUithc Lift of 1 uro^Kans p.efcribeJ by the Governor General in Council on the ajth EAST INDIA AFFAIRS. 149 ..a5ih June 1788, until he receives a Copy of It from the Madcr Attendant ; and .he (hall alio refufe Permiflion for the landing of any Carp;oe5 belonging lo ttie Captains or Officers of fuch Ships or Veffcls, or of any i3aggage belonging t/a Pallengers that may come in thcin, excepting the Cargoes or Baggage of vcrfons •Jiained in tlic Lilt. BENGAL REGULATION LII. A. D. 1795. Seflion XIX. Any Europeans proved, to the Satisfaction of the Governor General in Council, to have been concerned in the illicit Ipiportation of S^It, will, over and above the Penalties already fpecified, be confidercd as having forfeited the Company's Proti'ftion, and if rtfiding in India with the Company's Permi/iion, as having broken their Covenants with the Company, and liable to Uc ient to Europe as unlicenfed Traders. BENGAL REGULATION II. A. D. 1796. A Regulation for the Guidance of the Zillah and City Magiflrates in the Pro- vinces of Bengal, Behar, Oriffa, and Benares, in apprehending and bringing to Trial European Britifli SuhjcQs charged with Ads whicli may rcmier them liable to a Criminal Profecution, paffed by the Governor General in C'ouncil on the 1 8th April 1796, correfponding with the 9th Byfaak 1203 Bengal Era, the 26th Chyte 1203 Fuilily, the 9th Byfaak 1203 Willaity, the a6th Chyte 1853 Sumbut, and the 9th Sawaul 1210 Iligcree. The Acl: of 2 id Geo. III. Cap. 65. having empowered the Governor General in Council, by Commiflions under the Seal of the Supreme Court of Judicature, tcfled in the Name of the Chief Juftice, to appoint Covenanted Servants or the Company, or other Britiih Inhabitants whom he may think properly qualified to act as Juftices of the Peace, and the Perfons fo appointed, after taking, be'ore the Court of Oyer and Terminer at this Prefidency, the like Oaths as are appointed to be taken by Juftices of the Peace in Great Britain (wiih certain Exceptions pro- vided by the Ai.\ above mentioned), being veiled with lull Power and Authority to aft as Juftices of the Peace, according to tlie Tenor of their CommifTions, ia and for the Places therein fpecified, the Governor General in Council, among other Refolutions paffed in purfuance of the above A£l on the 27th January 1794, Refolved, as follows, viz. " That for the Purpofe of inverting the Magiflrates of the feveral Zillahs, and of the Cities of Dacca, Moorfliedabad, and Patna, with legal Authority to apprehend and fend to Calcutta Europeans who may olTeiid againft the Peace, they be refpedively appointed Juftices of the Peace according to the Acl above cited, within their feveral Jurifdictions as now or hereafter con- ftituted, and that they be named in the Warrant to be ilTued to the Judges of the Supreme Court accordingly ; but as it would be expenfive and inconvenient to require them all to repair immediately to Calcutta to take the prefcribed Oath of <2uahfication, that they be diiefted to take this Oath as they may hereafter occa- lionally vifit the Prefidency, and in the mean Time be apprized that their Execu- tion of the Funftions of a Juftice of the Peace inuft remain fufpended. agreeably to the Reftiiffion to this Efteft in the i52d Claufe of the Acl above noticed." This Appointment of the Zillah and City Magiftrates to be Juftices of the Peace rendering it unneceiTary, after they have refpeffively taken the Oath of Qualifica- tion, to fend European Britifh Subjects apprehended by them, to be committed for Trial by one of the Judges of the Supreme Court of Judicature, as directed in Seflion XIX. Regulation IX. 1793, and the Obfervance of this Mode of Com- mitment being liable to occallcn confiderable Inconvenience to the Witnefl'es, one or more of whom muft attend at Calcutta with the Prifoner to give Evidence to ■warrant his Commitment ; to obviate this Inconvenience, and in purfuance of the foregoing Appointment of the Zillah and City Magiftrates to be Juftices of the Peace within their refpeftive Jurifdidions, the Governor General in Council has refolved to refcind SeQion XIX. Regulation IX. 1793, and the following Rules are hereafter to be obferved in the Place of it : (163.) Pp ILFirft lie REGULATIONS RELATING TQ Procefs to be obfervfit ■lor Apprehenfion and 'i'rial oi" European Britilli Subjcits, liable ■JO a ci'im'mal Profa- cutiQD. Tf ihe ChiTf c be prc- fi^rred to a M.igillrjtc qualified to ict as Jufticc ^pp^■.intmcnts. IL Firft, All Europeans, not Briiifli SubjeSs, are amenable to the Authority of the Magiftrates and Courts of Circuit, vvithin whofe Jurirdiftions tht-y may be apprehended and brought to trial, in common with the Natives of the Country ; but European Britifh Subjects, for all Ads of a criminal Nature, are amenable only to rhe Supreme Court of Judicature at Calcutta ; and in the Event of any- Charges being preferred againft them which may render the.m liable to a criminal Profecution in that Court, the following Proccfs is to be obferved for their Ap- prehenfion and Trial. Second. If the Zillah or City Magillrate, before whom the Charge againfl: fuch European Brithh Subjetl may be preferred, fliall have taken the Oaths of Qualifi- cation as a Juftice of the Peace, and thereby have become veiled with the full Power and Authority of a Juftice of the Peace under the Provifion made for that Purpofe by the Ad of 21 G. 3. cap. 65. the Magiftrate, upon the Charge or In- formation being lodged before him upon Oath, is to proceed to the Apprehcnhon of the Party accufed, and provided the Evidence againil him be fufficient to war- rant the fame, to his Commitment lor Tiial, as he is auihorized and required to do by virtue of his Commiirion as Juiticc or the Peace ; and if there appear to him fufficient Grounds for committing fuch Biitifli Subjefl; for Trial, he is to iffue a Warrant under his Signature and official Seal, direfted to the Sherifl' of Calcutta, and commanding him to receive the Prifoner into his Cuftody for Trial at the enfuing Seilions ; he is likewife to bind over the Profecutor to repair to Calcutta before the Sefiion next enfuing, and is to take Recognizances from tiie Wilneffes for their Appearance at the Trial. Third. If the Zillah or City Magiflrafe, before vv'hoin an European Britifh Subjed maybe charged as aforefaid, (hall not have taken the Oath ol Qualifica- tion, and be therefore unqualified to aft as Juftice of the Peace under the Ac^ of Parliament above recited, upon the Criarge or Information being lodged before him upon Oath, he is to make a fummary Inquiry into the Circumftances of the Charge, without Delay, and if there appear to be fufEcient Grounds for commit- ting fuch Britifh Subjed for Trial, he is to be apprehended and immediately con- veyed under faie Cuftody to Calcutta, and a Report of the Cafe made at the fame Time to the Court of Nizamut Adawlut, who on his Arrival at the Prtfidency are to inftrucl the Honourable Company's Attorney to take the nectffary Meafures for his Commitment and Trial at the enfuing Seflion ; Two Witnefles to the FaOs alledged againft the Prifoner (if fo many be procurable) are alfo to be fent with him to Calcutta, or bound to appear and give Evidence for the Purpofe of his Commitment at the Time of his i^rrival, and a Lift of fuch Witnefles is, in rdl Cafes to accompany the Letter fent with the Prifoner to the Court of Nizamut Adawlut. The Magiftrate is further to bind over the Profecutor to repair to Cal- cutta before the Seflion next enfuing, and is to take final Recognizances from the Witneffes for their Appearance at the Trial. HI. In all Cafes of Inability of the Profecutor or Witneffes to defray the Charge of the Journey to Calcutta, the Magiftrate is authorized to make them the fame Allowance as by Seftion XXVI. Regulation IX. 1793, he is authorized to make to Profecutors and Witnefles in need of fuch Affiftance, during their At- tendance on the Courts of Circuit, viz. a daily Allowance of Two Annas each (luring their Attendance on the Supreme Court, including the aftual Period of their Journey to and from Calcutta, or fufficient Time for their Return after their Difcharge from the Court, in Cafes u herein ir may appear they have voluntarily protradled their Return beyond what was neceflTary. IV. To obviate as far as polTible the Inconvenience ftated in the Preamble to this Regulation, in Cafes of Complaints of a criminal Nature againft European Britifh Subjects being preferred to a Zillah or City Magiftrate not qualified to aft as Juftice, of the Peace, the Magiftrates of the fevcral Zillahs and of the Cities of Dacca, Moorlhedabad, Patna, and Benares, who have not already taken the pre- fcrlbed Oath of Qualification to aft as Juftice of the Peace of their refpeftive Diftrifts, are required to do fo within Six Months from this Date ; and all Per- Ibns hereafter appointed to the Station of Zillah or City Magiftrate, arc required to take the faid Oath within Six Months from the Date of their Appointment, unlefs in any panjcul.ir Inftancc it fhould be neceffary or convenient to defer the fame EAST INDIA AFFAIRS. 151 fame to a later Period ; in which Cafe the Court of Nizamut Ailawlut, on Appli- cation being made to them, are auth"-.i''sJufticesoi'iht jed, fliall be of opinion that there are Grounds for bringing the Perfon accufed Pcjce at Caicutu. to trial before the Supreme Court of Judicature, the Magiftrate fhall fend the Perfon accufed under lafe Cuftody to His Majefty's Juftices of the Peace at the Police Oilice in Calcutta, accompanied by the WMtneiTes againft. the Prifoner, with a Letter ftaiing the Nature of the Cafe, and requefting that the Juftices at Calcutta will take I'le neceffary Meaiures for bringing the Perfon accufed to Trial before the Supretne Court of Judicature. The Magiftrate by whom the Prifoner niav be fent Proc«d;ngs and to Calcutta fhall at the fame Time tranfmit a Copy of all the Proceedings held on ^^""ilJiZ^'J'ar * the Occafion (together with Tranflations of any Papers not being in the Englifli vMament. Language) to the Secretary to the Government in the Judicial Department, to enable the Governor General in Council to determine whether the Profecution fhould be undertaker: by the Law Officers of Government, and at the Public Ex- pence, or otheruife. IV. The foregoing Rule o£ courfe fuperfedes fuch Part of Sedion 2, Regu- Pam of Seftion 2. lation 2, 1796, and of Sedion 19, Regulation 6, 1803, which direds, " that a Ks°->„'4','^' " Report of the Cafe fliall be made at the fame Time to the Court of Nizamut Reg>.iitio;: 6, issji " Adawlut, '••P«^-'«'- 5^2 REGULATIONS RELATING TO ^' Adawlut, -who-, on the Arrival of the accufed at the Prefidency, are to inftruft *' the Company's Attorney to take the neceffary Meaiures for his Commitment *' and Trial at the enfuing Seffions." V. Whenever any Perfon ihall charge an European Britifh Subjeft before a Magillrate who has not taken the Oaths of Qualification as a Juftice of the Peace with a bailable Offence, it fhall be the Duty of the Magiftrate to explain to the Complainant the Courfe which he fhould purfue for the Purpofe of obtaining Redrefs, that is, by Application to the Juftices of the Peace at Calcutta, or to the Grand Jury. It fliall likewife be the Duty of the Magillrate, after calling upon the Perfon accufed for his Reply to the Complaint, to report the fame to the Governor General in Council ; at the fame Time dating, on a Confideration of the Dillance at which the Parties may refide from the Prefidency, of the Poverty of the Complainant, or of other Circumflances, whether it would, in the Opinion of the Magillrate, be proper that the Expence of the Profecution fliould be defrayed by Government. The Governor General in Council, on Receipt of fuch Report, will pafs fuch Orders on the Subjeft as may appear to him to be advifable, and will at the fame Time diredl, in Cafes which may appear to require it, that the Profecution fhall be conduced by the Law Officers of the Company. SecTion 7, Regulation 5, VI. Scftion 7, Regulation 5, 1799, prefcribes Rules for the Guidance of the 1799, modified. ZiUah and City Judges with refpecf to the Charge of the unclaimed Afiets of Eltates of Europeans dying Inteltate. It being, however, enudled in Statute 39 Geo. 3. cap. 79. feet. 21. that whenever any Britilh Subject fnall die inteftate, and neither a Creditor nor the next of Kin (liall apply for Letters of Adminiflra- tion, the Regifter of the Supreme Court fliall adminiiter to the Eflate of the Judges to report to the dcceafcd ; it ihall be the Duty of the Zillah and City Judges, whenever any CounTef eainfEftat^s Britifli European Subjea fliall die within the Limits of their Jurifdidions, of deceafed Britim Eu- and HO Will fliall be found among the Effefts ot the deceafed, to report the lopean Subjects, retain- (^jrcumftance witliout Delay to the Regifter of the Supreme Court of Judica- ing m the nieAn lime *-^ t i • ^i 'it r • • i • the Property under their ture, retaining the Property Under their Charge until Letters of Adminiltration ,'^^"S^- . Ihall have been obtained by that Officer, or by fome other Perfon, from the Supreme Court of Judicature, when the Property is to be delivered over to the Perfon obtaining fuch Letters, or in the Event ot a Will being fubfequently diT- covered, to the Perfon who may obtain Probate of the Will. FORT ST. GEORGE REGULATION n. A. D. 1802. Seftion VI. The Zillah Courts are to have Jurifdidion over all Britifh Subjects (excepting King's Officers ferving under the Prefidency of Fort St. George, and the covenanted Civil Servants of the Company, and their Military Officers,) fo far as not to allow them to refide or take up their Abode within their refpeftive Zillahs at a greater Diftance from Fort St. George than Ten Miles, unlets they execute the Bond prefciibed in Regulation iS, of 1802, to render themfelves amenable to the Court in all Suits of a Civil Nature that may be inltituted againll them by Natives or other Perfons defcribed in Section IV. in which the Amount claimed may not exceed 500 Arcot Rupees. XV. If a Native or any other Perfon not being a Britifli Subject fliall con- fider himfelf aggrieved under any eftabliflied Regulation, by an Act done by any of the Officers of Government defcribed in Section VII. purfuant to a fpecial Order oriciinatlnc; with the Governor in Council, or the Board of Revenue or Trade, the Officer by whom the Act may be done fliall not be liable to be fued for it. In fuch Cafes, Government is to be confidcred as the Defendant ; and the Perfon deeming himfelf aggrieved is to prefcnt a Petition to the Judge of the '' Court of Adawlut of the Zillah, to which the Officer by whom the At! com- plained of may have been done fliall be amenable in his public Capacity, ftating wherein he confiders himfelf injured under the Regulations, and praying that the Governor in Council will order the Court of Adawlut, in which the Caufe may be cogni^^able, to try the Points or Matters contclted agreeably to the Regulations. The Judge to whom the Petition may be prefented, is to forward it immediately to the Governor General in Council, who, provided he fliall not think it proper ^o nflbrd the Redrefs fi^icited by the Petitioner, and provided the Courts of Jullice IhaJI be competent to try the Caufe, will dired the Court in which it may be cognizable, '^''' 'east INDIA AFFAIRS. 15'^ j cognizable, to proceed to the Trial of it. If the Governor in Council (hail order the Caufe lo be tried, the Court is immediately to fend a written Notification of the Order to the Complainant ; and the Caufe is to be confidered a? filed in the Court from the Date of die Notification. The Court is then to proceed to try the Suit, under the fame Rules and Regulations as are prefcrJbcd for the Trial of Suits "between Individuals. The Officer by whom the A6t complained again't may hav^ ■been done, is to carry on the Suit under the Directions of the Governor in Council, or the Board of Revenue or Trade, according to the immediate Authority tmder which he may have acted, and is to ifluc the neceflary Indruclions to the Vakeel of Government, in the Court in which the fame may be inflitutcd, or fubfequently carried in appeal. Li the Event of Government being ca(t in any of the Courts^ the Officer entrulled with the Managcnicnt of the Suit is to fend a Copy of the Decree and Proceedings of the Court to the Governor in Council, or to the lioard of Revenue or Trade, according to the immediate Authority under which he may have aded, with a Letter, dating any Objection that he may have to offer to the Decifion. 'J he Boards above mentioned are to fubmit all fucli Decrees and Pro- ceedings to the Governor in Council, with their Opinion relpecting them. The Governor in Council will order an Appeal from the Decifions that may be tranf-. xnittcd to him under this Seftion, to be preferred or not, as may to him appear advifablc. The Cofts and Damages that may be awarded againft Government in Suits inftituted under this Section, are to be defrayed from the Public Treafury. FORT SAINT GEORGE, REGULATION VL— A.D. 1802. XIX. Firft, All Europeans, not Britifh Subjcds, fhall be amenable to ?.hc Authority of the Magiflrates and Couris of Circuit within whofe Jurifdiftion they may be apprehended and brouglu ro Trial, in common. with the Natives o[ the Country. European Britifn Subjects, for all Acts of a Criminal Nature, are amenable only to the Supreme Court of Judicature at Madras : And in the Event of any Charges being preferred againfl them, which may render them liable to a Ciiininul Profecution in that Court, the following Procefs is to be obferved for thAv Apprehenfion and i'nal. Secondly, If the Ziltah Magiftrate, before whom the Charge againft fuch European Britifli Subjec"t may be prcfcn-ed, fhall have taken the Oaths of Qiialiiicailon as a Jullice of the Peace, and thereby have become veiled with the full Power and Authority of a Juffice of the Peace, under the Provifion made for that Purpoft: by Act of Parliament, the Magiftrate, upon the Charge or In- formation being lodged before him on Oath, is to proceed to the Apprehenfionof the Party acculed, and, provided the Evidence againft him be fuflicicnt to warrant the fatne, to his Commitment for Trial, as he is authorized and required to do by virtue of his CommifTion as Juftice of the Peace ; and if there appear to him fuflicient Grounds for comuii'iiing fuch Britifn Subjeft for Trial, he is to ilfue a "Warrant under his Signature and official Seal, directed to ih.e Sherilf of Madras, and commanding him to receive the Prilbner into his Cuilody for Trial at the cnfuing Scflions. He is likewife to bind over the Profecutor to repair to Madras before the Seffions next enfuing, and in to lake Recognizances from the Witnelies for their Appearance at the Trial. Third, If the Zillah Magiftrate, before whom an European Bririfli Subject may he charged as aforefaid, fliall not have taken t!ie Oath of Oaalitication, and be tiierefore unqualiiled to act as Juftice of the Peace under the Aft of Parliament, upon the Chai-ge or Information being lodged before him upon Oiith, he is to make a fummary Inquiry into tiie Circumftancesof the Charge without Delay, and' if there appear to be fiilficient Grounds for committing fuch Britifh Subject for Trial, he is to be apprehended and immediately conveyed under fate Cuftody to Madras, and a Report of the Cafe made at the fame Time to the Court of P'ouj- darry Adawlut, who on his Arrival at the Prefidency are to inftrud the Honour-- able Company's Attorney to lake the neceflary Meafures for his Commitment and Tiial at the enfuing SefTicn. Two Witncilts to the Facts alleged againft the Pri- ■ foners (if fo many be procurable) are alfo to be fent with him to Madras, or bound to appear and give Evidence for the Purpcfe of his Commitment at the ('63.) Qq Time .154 REGULATIONS RELATING TO Time of his Arrival, and a Lift of fuch Witnefles is in all Cafes to accompany the Letter fent with the Prifoner to the Court of Foujdarry Adawlut. The IvlHifil- trate is further to bind over the Profecutor to repair to Madras before the Stflion next enfuing, and is to take final Recognizances from the Witnefles for their Appearance at the Trial. Fourth, In all Cafes of Inability of the Profecutor or Witr.effts to defray the Charge of the Journey to Madras, the Magiftrate is authorifed to make them the fame Allowance as by the eftablilhed Regulations he is authorifed to make to Pro- fecutor and Witnefles in need of fuch Afliftance, during their Attendance on the Courts of Circuit ; viz. a daily Allowance of Two Annas each during their Attendance on the Supreme Court, including the aftual Period of their Journey to and from Madras, or fufficient Time for their Return after their Difcharge from the Court in Cafes wherein it may appear they have voluntarily j)rotrafl:ecl their Return beyond what was neceffary. Fifth, The Magiflrates of the feveral Zillahs who have not already taken the prefcribed Oath of Qualification to aft as Juftices of the Peace of their rerpcftive Diftrifts: are required to d9 fo within Six Months from this Date, and all Perlons hereafter appointed to the Station of Zilluh Magiftrate are required to take the faid Oath within Six Months from the Date of their Appointment, unlefs in any par- ticular InRance it fliould be r.eceflary or convenient to defer the fame to a later Period ; in which Cafe the Court of Foujdarry Adawlut, on Application being made to them, are authoril'ed to grant fuch Extenfion as they may judge proper, fo that in nolnftance, without the Sanftion of the Governor in Council in Cafes of Emergency, the taking the Oath in the Manner prefcribed in the Aft of Parlia- ment fliall be deferred beyond a Twelvemonth from the Date of his Appointment jof any Zillah Magiftf ate hereby required to tal^e the fame. A. IX i8c2, REGULATION XVm. A Regulation for prohibiting Britifli Subjefts (excepting King's Officers ferving under the Prefidency of Fort St. George, and the Civil Covenanted Servants of the Company, and their Military Officers,) from refidins; at a .greater Diftance from Fort St. George than Ten Miles, unlefs they render themfelves amenable to the Courts of Adawlut in Civil Suits, which may- be inftituted againft them by any of the Defcriptions of Perfons mentioned in Seftion 4, Regulation i, 1S02. And for enabling Britifli Subjefts to recover any Demands recoverable under the Regulations which they may have upon fuch Perfons. — Pafled by the Governor in Council ot Fort St. George on the ift of January 1802. Britifl-J Subjefts refiding in inteiior Parts of the Country for Commeicial Pur- pofes, may recover with Facility and at a moderate Expence their Claims upon the Natives, or other Inhabitants of the Company's Territories, who are declared amenable to the Courts of Adawlut in Seftion 4, Regulation 2, 1802, by inlti- tuting a Suit againft them in the Court of the Zillah in which they refide. But the Natives of the Country, and all other Perfons fubjccl to the Jurifdiftidn of the Courts of Adawlut, have no Means of obtaining Redrcl's againft fuch Britiih Subjefts', but by fuing them in the Supreme Court of Judicature at Madras ; tlie Manufacturers therefore, as wtll as the mimediate Cultivators of the Soil, and the lower Orders of the People, with v.hom fuch Britifli Subjefts neceflarily have extenfive Deal- ings, are in faft precluded from all Redrefs in the Event of their being wronged, as it is obvioufly imprafticable for the Generality of Perfons of thefe Defcriptions to quit their Families and Occupations, and undertake a diftant Journey, to fue for fmall Demands in a Court proceeding and deciding according to Laws and in a Language with both of which they are equally unacquainted, and at an Expence that the Opulent only Can fupport. The Extenfion of Commerce and Agriculture, and confequently the future Profperity of the Country depending upon due Pro- teftion and Encouragement being afforded to the Manufifturers, the Cultivators of the Soil, and the other Clalfes of the lower and induftrious Orders of the People, and it bemg alio equitable that Britifli Subjefts of every Defcriptionfliouid 7 be EAST INDIA AFFAIRS. 155 be enabled to recover all legitimate Claims as autliorizcd by the Regulations ■Rhich they may have upon the Natives, or other Perlons del'cribed in Section 4, Regula- tion 2, 1802, the Governor in Council has enadled the folluwinff Rules : II. Britifh Subjefts (excepting King's Officers lisrving under the Prelidency of Em.ni Su'.jc'^sfw.'ii Fort St. George, tiie Civil Covenanted Servants of the Company, and their Mill- ""eaiiollXr/cUe' tajy Oflicers) fl.aU not be permitted to refidc at a greater Didance from Fort St. «onhcrfio.n fun sr. George than Ten Miles, unlefs they enter into a Bond rendering themfelves ame- !f,^cf?'i'l!J «,Tu"li^!' nable to the Court olAdavvlur, within the [urifdictiim of wliich they may refide, in BoudinacOiunj. all Civil Suits that maybe inltituted againlt thjni by Natives, or other Inhabitants • coming within tiie Defcriptions of Perfons amenable to the Zillah Courts, lor any Sum of Money or Thing the Amount or Value of which fiiall not exceed 500 Arcot Rupees. III. The following is the Form of the Bond to be executed by fuch BritiOi Subjeds : « KNOW all Men by thefe Prefents, That I of f.™ rfthc b«*. but now about to refide at in the Zillah or Diflricl: of in the Province of am held and firmly bound unto Judge of the Court of Adawlut of tlie laid Zillah or Diftrict of in the Sum of to be paid to the faid his Executors or y\dminiftrators ; for which Pavment well and truly to be made I do hereby bind myfelf, my Heirs, Executors, and Adminillrators, lirmly by thcfe Prefents, fealed with my Seal. Dated this Day of in the Year of Our Lord " Whereas the Governor In Council of Fort St. George, a£ting for and on Behalf of the United Company of Merchants of England trading to the Eaft Indies, hath, by virtue of certain Powers and Authority in him veiled previous to the Date hereof, refolved that no Britilh Subjefl:, excepting the Officers of and belonging to the Army of His Majelly the King of Great Britain, ferving under the Prefidency of Fort St. George, and the Civil Covenanted Servants of the faid United Company and their Military Officers, ffiail refide or take up a temporary or other Abode at a greater Diflance from Madras at Fort St. George aforefaid than Ten Englifli Miles Standard Meafurement, unlefs fuch Britifh Subjedl Ihall pre- vious to or at the Commencement of fuch Abode or Refidence execute a Bond or Obligation, in fuch Penalty as the Governor in Council at Fort St. George aforefaid for the Time behig Ihall duly direct, to the Judge of the Court of Adaw- lut for the Time being of the Zillah or Diffrict in which fuch Britiffi Subject ffiall be about to refide, his Heirs, Executor:., or Adminift rators, with Condition that fuch Britifli Subject fnall and will, froriTime to Time, and at all Times thence- forward, fubmit atid be amen?.bie to the Court of Adav,lut, or Court of Civil Jurifdittion of fuch Zillah or Drffrift, in all Civil Suits that may be inftituted againft him by any Native or ctiier Inhabitant (not being a Briiiih Subject, or refidenc wit'iiii the Limits of Madras, or Jiitifdiv^tion of the Supreme Court at Madras) of the Provinces within the Territorial Acquifitions of the faid United Company, provided the Amount or Value of the Matter in Difpute between the Parties in fuch Suit does not exceed the Sum of 500 Arcot Rupees : And wliereas the above-bounden is a Britilli Subject, and hath, under and fubjeft to the hercin-before recited Refolution of the Governor in Council of Fort St. George aforefaid, obtained Per.miffion and Licence of aiid from the faid Governor in Council to refide at in the ZillriH or Diflricl of in the Proviiice of in Confiderafion whereof he the faid hath agreed to execiite and deliver this prefent Bond or Obligation. *' Now the Condition of this Obligation is fuch, that if the above-bounden his Heirs, Executors, and Adnu'nlflrators, and all and every of them, do and (hall, from Time to Time aritl at all Tirrjcs hereafter, on his and their Parts and Behalves, in all Things well and truly ftand to, obey, abide by, perform, obferve, fulfil, keep, and fitisfy all and every the Order and Orders, Decree and Decrees, Judgment and Judgments of the Court -f Adawlut or Court of Civil Jurifdidion eftabliflicd by the Authority of me faid ,56 HEGULATIONS RELATING TO faki tJnited Company, or of the Governor in Council of and for the faid United Company, in the faid Zillah or Diftrift of in the faid Province of or of the Judge or Judges of the faid Courts for the Time being, in all and every Suit or Suits, Action or Aftions, which, now is or are, or hereafter fliall or may be brought, commenced, inJtituted, fued, or profecuted againfl: the faid hy any Native or Natives, or other Inhabitant or Inhabitants (not being a Britifh Subjeft or Subjefts, or refident within the Limits of the Town of Madras, at Fort St. George aforefaid, or Jurifdiclion of the Supreme Court at Madras) of any of the Provinces dependent upon or within the Territorial Acquifitions of the faid United Company, provided the Matter in Difpute between the Parties, or the Caufe or Caufes of each and every fuch Suit or Suits, Adion or Aftions, doth not and fhall not refpeftively, at tlie Time of commencing fuch Suit or Suits, Aftion or Aftions, exceed in Value the Sum of 500 Arcot PvUpecs ; or if the faid his Heirs, Executors, and Adminiilrators, fliall and- do well and truly ftand to, abide by, obey, fulfil, and fatisfy all and every the Order and Orders, Decree or Decrees, Judgment or Judgments, which in cafe of any Appeal of fuch Suit or Suits, Action or Aclions, duly and regu- larly made from the faid Courts of Adawlut to the proper Court or Courts of Appeal, fliall be duly and regularly made by fuch Court of Appeal as flial! finally hear, decide, and determine fuch Suit or Suits, Action or. Ac- tions,; and if the faid , his Heirs, Executors, and Admaiiftrators, or any or either of them, fhall not and do not, in and relating to fuch Suit or Suits, Adtion or Actions, apply for any Writ or Writs of Surceafe to iffue out of and fi'ora the Supreme Court of Judicature at Madras aforefaid, ac- cording to the Manner and Form prefcribed and mentioned in the Character or Letters Patent for eflublifliing the fame, then this Obligation to be void and of no Effect ; otherwife to be and remain in full Force and Virtue. *' Signed, fealed, and delivered, where "^ no Stamps are to be had, in the > Prefence of - - J Where the Bend is to IV. The Bond is to be executed in open Court, before the Judge of the Court poCted!'"^ ^" '" within the Jurifdiction of which fuch Britifli Subjeft may refide or take up his Abode, unlefs the Court fliall have been adjourned, in which Cafe it is to be, executed before the Judge out of Court. Ihe Bond is to be depofited amongfl the Records of the Court. New Bond to be ese- V. If any fuch BHtifh SubjeiSt refiding within the JurifdiSion of a Zillah Court, BrhKiTsubi^if (i:a'ii re- '^vho may have executed the Bond contained in Sedion III. fliall hereafter remove move into anothcrJurif- into the Jutifdiction of any other Zillah Court, to any Place being at a greater BritXsuhjeas.whether Diftaucc from Madras than Ten Miles, he fhall execute a new Bond to the fame they have previouiiy EfJefl:, which fliall be dcpofitcd in the Court of Adawlut of the Zillah in which nwrtakins up their Re- he may fo take up his Abode ; and all fuch BritiOi Subje£ts, whether they may . iide.:cc « a greater Dif. Yi^lxq previoufly cxccutcd the Bond in Sedtlon III. or not, upon proceeding to any lance from Madras than ,^ ' . , . Z . .„,.-,. ^ ^mi i /^ i i • -i-'n Ten Miles, to attend l"ace withm the Juriidiction of a Zillah Court, and being at a greater Diliance kefore the Judge in Ten from Madi-as than Tell Milcs, with a View to refide there, fliall, within Ten Days Bond. after their Arrival in fuch Jurifdiflion, attend before the Judge of the Court to Court to fummon them exccute the prefcribcd Bond, and in Default of their fo attending, the Judge iliall *" '* " ° ' fumiiion them to appear for that Purpofe, by a Writing under the Seal of the Court, and attcfled by the Rcgilter. Judges of the ziiiih VI. If any fuch Bricifli Subjed, now refiding, or who fhall hereafter take up S"."'"'"."?':,'''";'''' his Abode wiihin the Jurifdidion of any Zillah Court at a greater Di'ftancc from Britilh Subjccis lehifinj n ii r r i i r i t*^, i to execute the Brjnd to JMadras tr/.m J eu Miles, liiall refule to attend before the Judge, and to execute jrccccd to Madras. ^^.s pri.fcribed Bond, the Judge is to require him, by a written Order under his official Signature and the Seal of the Court, to quit his Jurifdiclion v»i;hin One Mon'h from the Date of the Order, and repair to Madias ; and in the Event of his not comjilying with the Older, the Judge is to fend him to Madras under the Charge of his Officers. Bond to be execut-d hy VI|. When ally Britifh Suhject, or other Perfon who may not come within th^ziUi'co^rt" w'iio'' the Dclcriptiua of rcrlous declared amenable to the Jurisdiction of the Zillah Courts, EAST INDIA AFFAIRS. n-^-j Courts, fliall indltute a Suit In the Court of Adawlut of any Zlllah Court on his may ioftitutu Suit i« own private Account, or on Behalf of any other Perfon, arjainft a I'erfon acne- lvri!;nrm"MUeu,itetf nable theret"), he is to execute an Inftrument in the Nature of a Bond of Arbitra- .furiiiiiitiaa. tion, according to the Form hereafter recited, dcclarintf himfelf fubjeft to the Jurifdidion of the Court for fo much as fliall relate to the Suit in qucflion, and bind himfelf to abide by the Award or Decree of the Court, in the fame Manner and to the fame Extent as the Jurifdi£tion of the Court is valid againft the De- fendant } if fuch Plaintifl' Ihall refufe to execute the Inftrument, lii:i Plaint fliall ■not be received or filed. *' KNOW all Men by thefe Prcfents, That I of but now refiding at in the Zilh.h of in the Pro- vince of am held and firmly bound unto Judge of the Court of Adawlut of the faid Ziliah, in the Sum of to be paid to the faid his Executors, Adminiftrators, or Afligns, for which Payment well and truly to be made 1 do hereby bind my- felf, my Heirs, Executors, and Adminiftrators, firmly by thefe Prefcnts, fealed with my Seal, and dated this Day of iu the Year of Chrill " Whereas the above-bounden hath, on the Date hereof, commenced an Adion, Caufe, or Suit in the faid Court of Adawlut, before the faid again ft " Now the Condition of this Obligation is fuch, That if the faid his Heirs, Executors, and Adminiltrators, and every of them, do and fliall on his and their Parts and Behalves in all Things well and truly fiand to, obey, abide, obfervc, perform, and fulfil all fuch Judgment and Judgments, Order and Orders, Decree and Decrees, as fliall or may be at any Time given in the faid Adion, Caufe, or Suit, in the faid Court of Adawlut at or by the Provincial Court of Appeal, or Court of SudJer Adawlut, then this Obligation to be void j or elfc to remain in full Force and Virtue." *' Sealed and delivered (where no') Stamps are in ufe or to be > had) in the Prefence of -J VIIL Europeans, not Britifli Subjeds, and refiding out of the Limits of Madras, at Turep^nw-wt are amenable to the Courts of Adawlut in the fame Manner as Natives, or other ^'''^■v'' Subjects, and, Inhabitants coming within the Defcriptions of Perfons fpecified in Sedioa IV. a-e a!!fen.^bie to thl"* Regulation II. 1802. Count oiAdi*** FORT ST. GEORGE REGULATION XIX. iSai. Sed. in. No European, of whatever Nation or Defcription, fiiall purchafe, rent, or occupy, diredly or indiredly, any Land out of the Limits of the Town of Madras, and the Jurifdidion of the Supreme Court of Judicature, without the Sandion of the Governor in Council ; and all Perfons now fo holding Land be- yond the faid Limits without having obtained fuch Permifllon, in Oppofition to the repeated Prohibitions of Government, or who may hereafter fo purchafe, rent, or occupy Land, fliall be liable to be difpofleflfed of the Land at the Difcre- tion of the Governor in Council, nor fliall they be entitled to any Ind'-mnification for Buildings which they may have ereded, or other Account. IV. Europeans, who are not prohibited from lending Money to Proprietors or Farmers of Land, Dependant Talookdars, Under Farmers, or Ryots, and who may make Loiins to them on the Security or Mortgage of their Lands or LealVs, flial! not be allowed, diredly or hidiredly, to hold PoflefTion of the Lands the proprietary Right in which or Leafe whereof may be mortgaged to them as Security for the Loan, or to make or appropriate the Colledions, or to have any Concern or Interference whatever ia the Management or Collcdion of die Rents or Revenue of the Lands. (163.) Rr FORT 158 REGULATIONS RELATING TO FORT ST. GEORGE REGULATION IV. A.D. 1809. Seftion I. Whereas it is advifable that the Governor in Council fhould be regularly informed of any Offences of a Criminal Nature committed by European Britifli Subjecls reliding in the Interior of the Country : And whereas it has been deemed expedient to modify certain Parts of the Provifions contained in Claufes 2d and 3d, Section XIX. Regulation VI. A.D. 1802, and alfo of the Provifions contained in Claufe 7th, Section XVI. Regulation III. A.D. 1802. j the following Rules have been enafted to be in force from the Period of their Promulgation throughout the Territories fubjeft to the immediate Government of the Prefidency of Fort St. George : II. Whenever a Zillah Magiftrate, who fliall have taken the Oaths of Oualili- cation as a Juftice of the Peace, fhall hold any European Britifh Subjeft to Bail, ■or fhall deem it neceffary to commit any fuch Perfon to the Gaol of Madras to take his Trial before the Supreme Court of Judicature for any Offence of a -Criminal Nature, the Magiftrate fhall tranfmit the original Depofitions taken on the Occafion (together with Tranllations of any Papers not being in the Englilh Language) to the Clerk of the Crown. The Magiftrare fhall likewife tranfmit Copies of the faiii Depofitions (together with Tranflations of any Papers not being in the Enghfli Language) to the Secretary of the Government in the Judicial Department, for the Information of the Governor in Council, who in Cafes in ■which he fliall confider it to be neceffary, from the aggravated Nature of the Offence charged againft. the Perfon accufed, or on any other f ibllantial Ground, will order the Profecution to be conduced by the Law Officers of Government, and at the Public Expence. III. Whenever an European Briiifh Subject fhall be charged before a Zillah Magiftrate, who has not taken the Oaths cf Qualification as a Juftice of the Peace, •with a Criminal Offence, which, according to the Law of England may not be bailable, and the Magiftrate, after making the neceffary Inquiry on tlie Subjedt, fhall be of opinion that there are Grounds for bringing the Perfon accufed to Trial before the Supreme Court of Judicature, the Magiftrate fhall fend the Perfon accufed under fate Cuftody to His Majeftv's Juftices of the Peace at the Rotation Office in Madras, accompanied by the Witneffes againft thePrifoner, with a Letter ffating the Nature of the Cafe, and requefting that the faid Juftices will take the neceffary Meafures for bringing the Perfon accufed to Trial before the Supreme Court of Judicature ; the Magiftrate by whom the Prifoner may be fent to Madras fhall at the fame Time tranfmit a Copy of all the Proceedings held on the Occa- fion, together with Tranflations of any Papers not being in the Englifh Language, to the Secretary to the Government in the Judicial Department, to enable the Governor in Council to determine whether the Profecution fhould be undertaken by the Law Officers of Government and at the Public Expence or otherwifc. IV. Whenever any Perlon fhall charge an European Bri;ifli Subjecl before a Magiftrate who has not taken the Oaths of Qualification as a Juftice of the Peace with a bailable Oifence, it fhall be the Duty of the Magiftrate to explain to the Complainant the Courfe which he Ihouid purfue for the Purpofe of obtaining Redrefs, that is, by Application to the Jullices of the Peace at Madras, or to the Grand Jury. It fliall likewife be the Duty of the Magiftrate, alter calling upon (he Perum accuffd for his Reply to the Complaint, to report the Cafe to the Governor ia Council, at the lame Time flating, on a Coiifideration of the Diftance at which the Parties may refide from the Prefidency, of the Poverty of the Com- plainant, or of other Circumftances, w^Kther it would, in the Opinion of the Magiftrate, be proper that the Expence of ihe ProL'cution fhould be defrayed by CiovernmeiU. 1 he Governor in Council, on Receipt of fuch Report, will pafs fuch Oideis on the Subje t as may appear to him to be advifable, and will at the fame Time diredl, in Cafes which may appear to require it, that the Profecution (hall be conduiled by the Law Officers of the Company. Bombay EAST INDIA AFFAIRS. 159 BOMBAY REGULATION If. A. 0.1799. A Regulation for preventing Foreigners of every Defcription from landing at the Preficlency ot Bombay and iis Dependencies wiilKnit l-'eriniflifjn from Government. Pafled by the Governor in Council on the 19th Day of Augufl 1799, correlpontling with tiie 4th Shravan Viid Sumbut, V'ekramajit Era 1856, and the i6ih Riibbee-ul-uvel 1214 llcjry. WHEREAS it is expedient to prevent Foreigners of every Defcription from hibitingun''i'cM>r..d ^"^ landing at this IVefidency and its Dependencies witliout Penniflion from the Go- ^-'fj^igi'^" f''^™ landing vernment, the following Rules arc enacted for tiiis Purpofc, and for the better Bomh.iy;,n'd!t"/oei.en. Rerulation of the Police of tlie Port of Bombay in eeneral. tfcncie., adv(rtt,,, VelTcl as may inteiid .lo.refide on Shore, to be iiirniihcd, if no Objsrc- tioji occur.,, vjitii a L'er- lilicate of fuch Kei^il^ lion havfiagi^eftgninted. Forms to be obferved in Jefpeit to the Pals to be • granted to fuch cf rhe . Crew at may Have Oc- xalion to be on ShoBe. Perfons found without a Pafb, to be apprehc:id- ed and kept in Cuftody by the Superin:.^ndant of Police, all Charges being defrayed by the Captain or Supracargo, All Pafles to be regif- tered in the Police Office. Foreign European Sea- men not to be fuffered to pafs the Gat«s or any Military Guard, with- out a Paflport from the SupcTintendant of Police. Superintendant of Police to apprehend fuf- plcioi:s Perfons of the above Defcription, and leport to the Governor. Commanders of Foreign ■ ..Ships retlrictcd frjm jt. receiving any Ferlon on board as a fart of the Crew, or a PalTenger without Permiflion. Previous to the Em- barkation of any Com- mander of a Foreign Ship about to depart, the Crc'.v to be mul'tered by the Lilts furnilhcd on her Importation. The intermediate Cafualties t J b ■ enquired into and the Marine Suptrintcnd- ant's PermiTiun required for filling them up. Foreign Ships under fuipicious Circumitances to be infpected, and after the tirit Search has been completed, a Guard Boat to be fta- tioned aiongfidc to pre- vent ConimutiiLatroa with tile Shore. After the final Tn'pcc- tioii and muilcr is made no Fcrfon to be per- mitted to go OD board. VII. Ill cafe the Superin'tendtnt be fatisfi d with the Report of the Infpefting Officer, he (hall authorize the Removal of the Guard Boat, and the neceffary Comnwnication wlththe'Bhip ; if not, the Guard Boat is to remain, and a Report to be made by him to the Honourable Governor. VIII. Upon tiie Guard-bdaPs being removed from alongfide any Foreign Ship importing in the Manner Tpeclfied in the preceding Section, written Notice thereof .is to be immediately tranfiuitted by the Superintendant to the Cultom-mafter, with fuch Orders, and under fuch Regulations, as relate to his Department. IX. Tlie Guard Boat is to report to the Infpecling Officer any Violation of thefe 'Regulations which may be perfilted in by any Perfon orPerfoiis, and detain fuch Beat as he or they may be on board of, until he receives his Orders on the Subjed. X. The Captaiior Supercargo of every Foreign Ship importing into this Har- bour fliall, immediately on their landing, deliver into the Office ot the Superin- tendant o( Police a Lift of fuch of the Officers and Crew as it is intended ffiall refide on Shore during the Ship's Stay, which, if he fees no Objection, Ihall thereon grant to each a printed Certificate of their being permitted to remain on Shore, taking hereon the Inftrudions of the Governor, as from Time to Time may prove neceffary. XI. The Captain or Supracargo fliall further leave at the Police Office a Paper, with the Signature of fuch Officers of the Ship, (not exceeding Three on board of ■each), whoft: Authority ffiall, when counterfigned by the Superintendant of Police, be a fufficient PaLs for fuch cf the Crew as may have Occafion to be on Shore tor a Time only, which Tinie is to be fignified in the Pafs. XII. All Seamen and dthers belonging to Foreign Ships, and fufpicious Perfons in general, not in potieffion cf either a general or temporary Pals as above, to be apprehended by the Superintendant of Police, and kept in Cuftody, the Captain or Supracargo of the Ship being charged with all Expences attending their Seizure and Detention. XIII. A Regifter to be kept in numerical Order for each Month, in the Police Office, of all Pafles granted for the Purpofe of Reference. XIV. Orders to be iffiaed at the Gates and at the Stations of other Military Guards, to prevent all Foreign European Seamen from paffing or landing on the Ifland, unprovided with a Pafs counterligned by the Superintendant of Police. XV. If at any Time the Superintendant of Police ffiall fee Caufe to fufped the Perfons thus landed of improper Intentions, he is to apprehend and detain the fame, and make Report thereof to the Honourable the Governor. XVI. No Commander of a Foreign Ship ffiall entertain on board any Perfon either as a Part of the Crew or as a PalTenger, without a Permit from the Superintendant of Marine, who is to aft in granting the fame under the Orders and Sanction of the Governor. XVII. When any Foreign Ship is about to depart from this Port, the Infpeding Officer ffiall, previous to the Embarkation of her Commander, repair on board, and mufter and examine the Crew, according to the Lifts furniflied on her firft Importation, and examine the Officers and Crew as to fuch Cafualties as may have been reported during the Continuance of the . Veffel in Port, and require the Permit from the Superintendant of Marine for fliipping fuch additional Men or Paflengers as he may find on board. - . XVIII. In Cafes which fliall appear to require it, the Infpe£ling Officer ffiall fearch any Foreign Ships untlcr fufj)icipus Circumftances, and is upon all Occa- fions after his firft Infpedion ffiall have been completed, to ftation a Guard Boat alongfide of every Foieii^n Vcffcl, to prevent Coiumuaication with the Shore until ffic may fail out of the Harbour. XIX. After the Infpeding Officer has made his final Mufter and Examination cf any Foreign Ship about to depart, a Guard Boat is to be ftationed alongfide of her, and no Perfon is to be allowed to go on board of her without a Pals ii om the Superintendant of Marine. XX. As EAST INDIA AFFAIRS. iCi XX. As foon as the Superintcndant of Marine fhall have been fatisfied by the Sup«rii«er<).m r r m,. Report of the Infpcfting Officer, that thefc Regulations have been complied shif,\{^^"cu^,^t, ■with, he fhall counterfign the Ship's Port Clearance «i the Authority for her =" • P'rmffioi. for her Departure, as far as regards his Department. " ''""' XXI. An immediate Report to be made by tlie Superintcndant of Marine of ^'« itrintendint of any Foreign Ship which may fail from the Harbour without the regular Foit rtparl^TorciiVJuf Clearance ; and the Crulzer in the Month of the Harbour, upon an agree*! Sienal "*'«*«"*/ wi «"thoot irom the Light-houie, is as rar as ponible to prevent any luch ohip leaving the .att, *c. Harbour without a Pilot. XXII. The Officer in Command of the Veffel llationed at the Mouth of the aij Dowi, tc. to i* io- Harbour fliall fend one of his Guard Boats, with an intelligent Perfon, to infpea %TM\^^:,7JLt all Dows, Dingies, or other Vcirds ot that Dcfcription coming into this Harbour, H«fr.ujcri wturo- which Perfon (hall inquire of the Naquedah or Craney what Paflcngers, or if any Si^,".dTj7r»c'c.j Ip™* Kuropeans whatever be on board, and fliall carefully examine fuch VclTel, and if '*" H'rbmjr, .fnofuf. latisfied that no improper or fufpicious Paffenger or other Perfon is concealed rHfi.',"'..jt'oth^J> " therein, fhall allow luch Veflel to proceed up the Harbour ; but otherwife, to •>« d-^'-^'wi <'" Repon detain her until a Report can be made to the Superintendant of Marine, who will " m^'i^T'""'*'' thereon ad as he may deemneceffary, reporting his Proceedings to the Governor, and afting thereon as the latter fliall dired. XXIII. No European Foreigner, or even Britifli Subject, fliall on anv Account ''■""'poni Foreigrtn or be difcharged from any Ship under Englirti Colours without the Perraiflion of the be "ifchJrjMiVnd'rejif! Superintendant of Marine, and when that Permiirion has been granteJ, the dif- '*"<*■ charged Man is to be lent to the Office of Police, in ordet to have his Name re- giftered there, and a proper Paflport granted to him, as in the Cafe of the Seamen of Foreign Ships. XXIV. All Merchant Ships, whether Englifli or Foreigners, without Diffinc- An Mn-chsnt ships »» tion, fliall on their Arrival deliver in corred Lifts of their Ship's Company, and Jc\7p'Jt,lon^ ^ of all other Perfons who fliall be on board, to the Infpedor of the Port, who is '-■«' "f ■'-■e"- ships to re-examine fuch Lifts on the Departure of thefe Ships refpectively, and to A^maT" "" '"^ report to the Superintendant of Police how many of the European Part of fuch Tiieii i.iiu tob.re-«x. Crew do re-embark, and what has become of the Remainder, which Returns ture"ot luch'sHps'''"" are to be regularly fubmitted bv the laft-mentioned Superintendant to the Go- "">"">• i^'f^enc* u f u • r ■ n a'.\ • . I- n. u .- • i r r> i- 'h^: may j,ycir is to be vernor, who after bemg iatished thereon, is to dired the oupenntendant of Police a.coumed for, and to write to the Cuftom Mailer accordingly, till which the Velfel's Port Clearance ^"''"/"w be adopted is not to be granted ; the Objed of this Regulation bemg to prevent Foreign or Britifli Subjeds improperly Temaining on Shore behind the Ship that brought them, which, befides other Inconveniences, has frequently entailed undue Expence on Government. XXV. Europeans not in the Service of His Majefty or of the Honourable Com- s.mcTof hiI m,^ pany, landing from the Mahratta Country at any of the Bunders under the or the Honourable com- Cuftom Mafters of Bombay, Mahim, Sallette, or Caranga, arc to be detained at M.Lt'tr'^cif!^, "^ the Cuftom Houfe until a Report can be made to the Governor of the Name, '•« detained umii a'lu. Nation, Profeflion, and Realon of the Party for vifiting this Ifland, unleCs fuch IheG^e™!^': "'"'' '* European fhall be furnifhed with a Pafs from the Honourable the Governor, the tjnicfs fuch Perfon thau Refident at Poona or Hyderabad, or fome Perfon authorized to give fuch Pafs, from^fHo,^";;raMe^t.i' in which cafe he is to be lent to the Police, where his Name is to be regiftered. Governor, or other com. XXVI. Nor is any European of the foregoing Defcription to be allowed to go guch European nin oft at any of the faid Bunders without a Pafs regularly granted by the Local Autho- as ibove, to be prevented rities, who now arc or may be hereafter authorized by Government to iflue them. p"i for"jlli*pur^c. * BOMBAY REGULATION III. A. D. 1799. Sedion VIII. The Judges Court is to have Jurifdidion over all Britifli Subjeds (excepting King's Officers ferving under the Prefidency of Bombay, and the Cove- nanted Civil Servants of the Company, and their Military Officers), fo far as not to allow them to refide or take up their Abode within his local Jurifdidion, unlcfs they execute a Bond to render themfelves amenable to the Court in all Suits of a Civil Nature that may be inltituted againft them by Natives, or other Perfons de- fcribed in Section VI. in which the Amount claimed may not exceed 500 Bombay Rupees; nor fhall any Britifh Subjed or other European be permitted to hold or (163.) Ss pcflcfs ibi REGULATIONS RELATING TO poffefs Lands within the Iflands under the local Jurifdiftion of this Court, or obtain ■Grants tor the fame from Government, uniefs coupled with the exprefs Condition that fuch Grantees, their Heirs, Executors, and Afligns, fliall in whatever Oueftions of a Civil Naluie derive or arife out of fuch Grant fubmit themfelves, and be bound by the Jurifdiclion and Judicial Courts therein fublifting, or which may be here- after eilablifhed therein by the Government of the Eaft India Company, in the fame Manner and to the fume Degree as the native Inhabitants of the fame Iflands, without fetking or having a Right to refort in any fuch Inftances to the Court of the Recorder at Bombay, or to any other Court that may hereafter be eftabliflied in lieu thereof, unlefs and after this Reftriclion fhall be eventually removed by an Act of the Briiilh Legiflature, or Order or laihuctiou from the Eail India Company. BOMBAY REGULATION V. A. D. 1799. Section XVIII. In the Event of any Aft committed by a European Britifli Sub- jeft which may render him an Object of a Criminal Profecution in the Bombay Court of Judicature, to which Court alone European Britilh Subjects are amenable in fuch Cafes, the Magiftrate upon Information of the Aft being lodged before him upon Oath, is to apprehend fuch Britifh Subjeft, and to make Inquiry into the Circumftances of the Charge without Delay. After fuch Inquiry, if he (hall be fatisfied in his own Mind, that there are fufficient Grounds for committing fuch Britilh fubjeft for Trial, he is immediately to convey him under fafe Cuftody to the Superintendant of Police at Bombay, and to report the Circumftances of the Cafe for the Information of the Governor in Council. He is likewife to bind over the Complainant to repair to Bombay before the Seffion next enfuing, to pro- fecute and to take Security from the Witneffes for their Appearance at the Trial. In cafe of the Inability of the Profecutor or the Witneffes to defray the Charge of the Journey, the Rlagiftrate is to ftate to the Governor in Council what pecuniary Afiiftance he would recommend being granted to them. All Europeans not Bri- tiih Subjefts, are amenable equally with the Natives, to the Authority of the Ma- giftrate and to the Judges of the Court ofSelTion for Trial in ordinary Courfe. BOMBAY REGULATION L A. D. 1800. Seftion VI. All Natives, and other Perfons not Britifh Subjefts^ are amenable to the Jurifdiftion of the judge's Court, excepting as provided for in Seftion 16. of this Regulation, refpefting the Nawaub and his Family ; and in the 15th Sec- tion of the Aft made In the 37th Year of His prefent Majefty, Chapter 43d, whereby all Natives who are employed in the Service of the Company, either in any Judicial Office, or as Principal Native Officer of any Diftrift in the CoUeftioa of the Revenues, or in any of the Company's Commercial Concerns, are ame- nable to the Courts ot Bombay In cafe of Complaints being therein preferred againft them, which does not however prevent their fuing or being fued in the Court at Surat, In like Manner, and with other Natives ; and faving alfo the Firniaun Privi- leges of Foreign European Nations, according to the approved Admlffion thereof iu Praftice during the Time of the Government of the Nawaubs, refpefting which, fliould the Judge entertain any Doubts, he Is, as Occafion may require, to report the Circumftances of the Cafe to the Governor in Council, and wait his Orders. Seftion VII. The Judge's Court is empowered to take Cognizance of all fuch Suits and Complaints telpeftlng the Succtffion or Right to Real or Perfonal Pro- perty, Land, Rent?, Revenues, Debts, Accounts, Contrafts, Partnerihips, Mar- riages, Caft, Claims to Damages for Injuries, and generally of all Suits and Com- plaints of a Civil Nature in which the Defendant may come within the Dcfcription of Perfons mentioned In Seclion 6, provided the Lauded or other Real Property to which the Suit or Complaint may relate ftiall be fituated, or in all other Cafes the Caufe of Aftion fliail have arifen, or the Defendant at the Time when the Suit may be cammenci.d ihall rtfide as a lixtd Inhabitant within the Limits of Surat, Randier, &c. in and over which the JurlldliUon which the Judge doth ex- tcfid, as well as in refpcft tq all Suits icfpccting the Rents and Revenues due to the • EAST INDIA AFFAIR S. 163 the F.afl India Company from the faid City, Port, and Town^ and their Depen- dencies. Sedlion VIII. The Judge's Court is to have Jurifdidion over all Britilh Subjefls (excepting Kinjr's Officers fcrviiig under the Prefidcncy of Bombay, and the covcnunicd Civil Servants of the Coni|)aiiy, and tiieir Military Oflltxrs), fo f.ir as not to allow them to refide or take up their Abode within his local Juiifdiclirm, unlefslhey execute a Bond to rciulcr thetnfelves amenable to the Court in all Suits oF a Civil Nature that may be iiiftituted aj^ainft them by Natives, or other Per- fons defciibed in Sedion 6, in which the Amount claimed may not exceed 500 Bombay Rupees ; nor (liall any Britidi Subjeft or other European be per- mitted to hold or poiTcfs Lands within tlic Diflrids under the local Jiirifdicliun of this Court, or obtain Grants for the fame from Governm^r;t, unlefs coupled with the exprefs Condition that fuch Grantees, their Heirs, F.xecutors, and Adigns Ihall, in whatever Queflions of a Civil Nature derive or arife out of fuch Grant, fubnjit thcmfelves and be bound by the Jurifdidion and Judicial Courts therein fubfifting, or which may be hereafter eftabli/lied therein by the Government of the Eaft India Company, in the fame Manner and to the fame Degree as the Native Inhabitants of the fame Places, without feeking or having a Right to refort in any fuch Inftances to the Court of the Recorder at Bombay, or to any other Courr that may hereafter be cftabliflied in lieu thereof, unlefs and after this Reftridioii fliall be eventually removed by any Aft of the Britifh Legiflature, or Order or IMruftion from the Eaft India Company. *6eftionX. If a Native, or any other Perfon not being a Britifli Siibjeft, fiiall confider himfelf aggrieved under any Regulation printed and publiflied in the Meinner direfted in Regulation I. 1799, by an Aft done by any of the Officers of Government, defcribed in Seftion IX. purfuant to a fpecial Order, originating with the Governor in Council, the Officer by whom the Aft may be done is not to be liable to be fued for it. In fuch Cafes Government is to be confidered as the Defendant ; and the Perfon deeming himfelf or herfelf aggrieved, is to prefent a Petition to the Judge, flating wherein he or ihe confider themfelves injured under the Regulations, and praying that the Governor in Council will order the Court to try the Points or Matters contefted, agreeably to the Regulations. The Judge is to forward this Petition immediately to the Governor in Council, who, provided he ftiall not think it proper to afford the Rcdrefs that maybe foUcited by the Pcti- tionevand the Court, fliall be competent to try the Caufe, will dircft the Judge to : proceed to the Trial of it. If the Governor in Council ihall order the Caufe to be tried, the Court is immediately to fend a written Notification of the Order to the Complainant ; and the Caufe is to be confidered as fded in the Court from the Date of the Notification. The Court is then to proceed to try the Suit, under fame Rules and Regulations as are prefcribed for the Trial of Suits between Indi- viduals. The Officer by whom the Aft complained of may have been done, is to carry on the Suit under the Direftion of the Governor in Council, and is to ilfue the neceffary Inftruftdons to the Vakeel of Government in the Court in which the Suit may be inflituted, or fubfequently carried in Appeal; or if the Oflicer com- plained againit be no longer in the Country, or conveniently Rationed for the proper Defence of the Suit, the Vakeel of Government is then to aft in his ftead. In the Event of Government being calf in the Judge's Court, the Officer entrufted with the Management of the Suit, or the Vakeel of Government, is to fend a Copy of the Decree and Proceedings of the Court to the Governor in Council, with a Letter, flating any Objeftion that he may have to offer to the Decifion. The Governor in Council will order an Appeal from the Decinon that may be tranfmitted to him under this btftion to be preferred or not, as inay appear to him advifeable. The Coil and Damages that may be awarded again'.t Government in Suits inltituted under this Seftion, are to be defrayed from the Public Treafury. All fpecial Rules refpefting Cafes of the Nature of thofe defcribed in this Section, are to be duly atteiu?ed to by the Plaintiff and the Parties coricerncd in them. Bombay 564 REGULATIONS RELAITNG TO BOMBAY REGULATION IIL A. D. 1 800. Se£l. XVIII. In the Event of any Aft committed by a European Briti(h Sub- jeft, which may render him an Objefl; of a Criminal JVofecution in the Bombay Court of Judicature, to which Court alone European Bntifh Subjeds are amenable in fuch Cafes, the Magiflrate, upon Information of the Ad being lodged before him upon Oath, is to apprehend fuch Britifli Subject, and to make Inquiry into the Circumftances of the Charge without Delay. After fuch Inquiry, if he ftiaU be fatisfied in his own Mind that there arc fuflicient Grounds for committing fuch Britifli Subjed for Trial, he is immediately to convey him under fafe Cuflody to the Superintendant of Police at Bombay, and to report the C ire I'ln (lances of the Cafe for the Information of the Governor in Council ; he is likewife to bind over the Complainant to repair to Bombay before the Sefiions next cnfuing, to profecute, and to take Security from the Witnt iTes for their Appearance at the Trial. In cafe of the Inability of the Profecutor or the Witneffes to defray tlie Charge of the Journey, the Magiflrate is to ftate to the Governor in Coimcii what pecuniary Affiftance he would recommend being granted them. BOMBAY REGULATION XL A.D. 1802. A Regulation for prefcribing the Form of Bonds to be executed by Britifli Subjeds or others, not amenable to the Civil Courts, on their inftituting Suits in fuch Courts, and for prefcribing a Form of Bond to be executed by the Sureties of Defendants in the above Courts. Pafled, as far as regard* the Jurifdidion of the Civil Court at Surat, by the Honourable the Go- vernor of Bombay, whilfl at that Settlement, on the 10th of July 180a, in the full Pofleflion and exclufive Exercife of the entire Powers of the Bombay Government ; and thereafter confirmed by the Governor in Council on the 20th of Augull 1802, correfponding with the SthShravan Vud Sumbut or Vekramajeet Era 1859, Salbahan 1724, and 20th of Rubee ul akhur 1217 Hejry ; and extended to the Court of Salfette and its Jurifdidion on the 13th September 1802, correfponding with the ad of Bhadr Vud Sumbut or Vekramajeet Era 1859, Salbahan 1724, and the i5lh of Jumadee ul avul 1217, Hejry. It being expedient that Britifh Subjeds and others not amenable to the Civil Courts who may inftitute Suits in them, fliould bind themfelves to abide by their Procefs and Decifions, and no Form having been yet prefcribed for the Security Bonds for the Appearance of Defendants, required by Sedion V. Regulation TV. 1799, and Sedion V. of Regulation II. 1800, the following Rules have been pafled. Torm cf Bond to be II. The following Inflirument is to be hereafter executed by the Plaintiffs therein jTar.lfd'^^hrn'^nol''^ referred to, viz Britifli Subjeds or other Perfons not amenable to the Jurifdidion menablf to ihe Jurifidic- of the Civil CoUrtS : Ciuc of the Civil Cgurtl. " KNOW all Men by thefe Prefents, That I of but now refiding at in the Divifion of (or in the City of ) am held and firmly bound unto Judge of the Civil Court of (or City) in the Sum of to be paid to the faid his Executors, Adminiflirators or Afligns, for which Payment, well and truly to be made, I do hereby bind myfelf, my Heirs, Executors and Admiuifl:rators, firmly by thefe Prefents, fealed with my Seal, and dated this Day of in the Year of Chriil " Whereas the abnve-bounden hath on the Date hereof commenced an Adion, Caufe, or Suit in the faid Court before the faid againft " Now the Condition of this Obligation is fuch, that if the faid his Heirs, Executors, and Adininiflrators, and every of them, do and fliall on his and their Parts and Behalfs. in all Things well and truly Hand to, obey, abide, obfcrve, perform, and fulfil all fuch Judgment and Judgments, Order EAST INDIA AFFAIRS. i6$ iOTder-and Orders, Decree and Decrees, as fhall or may be at any Time given Hijf in ilie faid Adion, (!aufe, or Suit, in the faid Court of ^ or by (he Court of Sudder Adawlut, then this Obligation is to be void ; or eile to remain in full J'"orcc and Virtue. " Sealed and delivered (where no'^ Stamps are in ufe or to be had) > in the Prcfence of " j III. Firfl, The following Form of Security Bend, or an Inflrumcnt to the Form of s-cumy Bond following EfTeft is to be hereafter executed by the Sureties for the Appearance of slrt'\,^'(TDlf.lL^. Defendants in the Civil Courts required by Scdiou 5 of Regulation 4, 1799, required b-,- Stction 5 of and Seaion 5, Regulation 2, 1 80c. ^;:^:^^ ''*' Whereas a Suit has been inflituted in the Civil Court of the Divifion or ^" """*•' '*• (City) of by" Plaiiuifl", againlt Defendant ; and whereas I Inhabitant of have voluntarily become Security for the Appearance of the faid Defendant to anfwer to the above Suit, and perform all fuch Orders as may be palTed thereupon until the final Decree on it fhall be carried into Execution, I do therefore hereby engage and biiul myfelf, my Heirs, and SuccelTors, that the laid Defendant (hall erfonally attend at the faid Court whenever the fame may be required by the Judge thereof, at any Time whilft the above Suit is depending before the Court or Courts of Sudder Adawlut, or before the final Decree vvhich may be pafTed thereupon by the above Courts refpeftively fliall be fully and completely carried into Execution; in Default of v/hich, and in the Eviuit of my not producing the faid Defendant when called upon, 1 will be anfwerable for fuch Sum as may be adjudged againlt him, and for the Performance of whatever Order or Decree may be paired againfl him on the Suit above mentioned." BOMBAY REGULATION XIIT. A. D. 1802. Se£tion XIII. No Colledor fliall give Land in Farm to an European, dire£lly or indireclly, or accept the Security of an European for anv Zemindar, Farmer, or Ryot, without the exprefs Sanction of the Governor in Council. BOiMBAY REGULATION IL A. D. 1805. Se£tion II. Secondly, The Judge and Magiftrate and Colleftor took and fub- fcribed, previoufly to entering on their OfHces, the Oaths prefcribed in Section 3, Regulation i, and in Section 2, Regulation 3, i8oo, for the Judge and IMagiflrate, and by Settion 26, Regulation 13, 1802, for the Collector ; the laid Officers being required to be feverally guided by thofe and the other Regulations for their refpec- tivc Departments, as far as the fame are already framed, printed, and publilhed, for the Zillah or Local Jurifdiction, and for the CoUectorfliip of Surat, until others may be pafTed for their refpective Direction, in the Manner prefcribed by Regu- lation I, 1799. . ; Section V. On the i4.th of May a Judge and Magiftrate and a Collector were under the like Inftruftions, and the Sandion of the lanie Oaths of Office, as fpecified in Sedion 2, in refpeft to the Zillah and CoUeftorffiip of Broach appointed for the Zillah and Colleftorfhip of Kaira, the Jurifdiction of which is to he appli- cable to the Ceded Diftricts to the North of the Myhee and Weftward of the Gulf of Cambay. f>iir9tir (163.) T t / ♦ University of California SOUTHERN REGIONAL LIBRARY FACILITY 305 De Neve Drive - Parlr'**wi «Pi