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.
 
 ^ 
 
 <T> 
 
 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<Sing the Bufinefs of each Ofucc. We are perfectly av\-are 
 that confidential Situations in general ought to be filled up by European Servants, 
 and accordingly a proper Supply mufl: always be kept up; but from what we 
 have obferved and learnt upon good Information, we are confident that coiilider- 
 able Saving of Expence in our Elfablifliments may be eflx;c\uated, by employing 
 .Natives in copying Papers, and in other fubordiiiace Occupations; ajid we direct 
 
 you
 
 i^ REGULATIONS RELATING TO 
 
 6u to attend to this CircumRance in reporting to uS your Advice what we ought 
 to adopt as our Standard EftabliJhment. 
 
 EXTRACT BENGAL PUBLIC CONSULTATIONS, 
 
 28th February 1787. 
 
 ■•^ead a Letter and Enclosure as follows, from Colonel Pearfe : 
 
 My Lord, 
 
 I TAKE the Liberty to lay before your Lordfliip a Letter from Lieutenant Co- 
 lonel Deare, which I have this Inftant received. 
 
 The Man in queRion has fet up a Shop for Spirits fmce we went to Dum Dutn 
 jufl within the Mahratta Ditch, where, under Pretence of being a Britifh Subject, 
 he infults all Decency and Order, and by fo doing occafions Crimes and Defertions. 
 He was fcized in Camp, attended by a Coolcy with Bottles, the Contents of which 
 had been fold to our Soldiers, and he had adually coUetted Money from them for 
 Liquors fold. 
 
 I humbly requefl, that your Lordfhip will favour me with Orders what fliall be 
 done further on this Occafion. , 
 
 I am, &c. 
 
 Fort William, (Signed) T. D. Pbarse. 
 
 .23d Feb. 1787. 
 
 To Colonel Tho' Deane Pearfe, commanding the Artillciy. 
 
 Sir, 
 
 Having expreffed a Defire to feize an European who fells Spirituous Liquors to 
 the Soldiers at Dum Dum, Ihould he be found in Camp, Lieutenant Turton met 
 him there lafl Night. Upon being accofled by that Gentleman to give an Account 
 of himfelf, he became exceeding impertinent ; he was then immediately fecured in 
 the Line Guard. He came to Camp for the Purpofe cf coUeding Money from the 
 Soldiers for Liquors he had fold them. This Man turns out to be one John 
 Thomas, he came over in the Lanfdown Indiaman as Captain's Servant in Sep- 
 tember 1786. As I do fuppofe he is in this Country without Permiffion, and as 
 he is the Caufe of a great Deal of Irregularity amongll our Soldiers, I hope you 
 will be able to procure an Order from the Goverruar General that flvall prevent his 
 doing further ^iifchief to us. This Man entertains the Soldiers at his Houfe in the 
 Night in every Kind of Drunkennefs and Debauchery, and is, I think, the prin- 
 cipal Caufj of the great Defcrtion which have been in our Corps fmce we went to 
 Dum Dum; from my Battalion I loit Nine Men laft Month. 
 
 Will you be pleafed to favour me with your Orders, directing me how to difpofe 
 of mv Prifoner. I am, &c. 
 
 Dum Dum, 23d Feb. 1787^ (Signed) 
 
 Ordered, That the European alluded to in the above Letter, be delivered to 
 the Fort Major with Direftions to feud him down the River to the Oxford. 
 
 Ordered, That Captain While be direfted to carry him to Europe, as he has no 
 Licence to remain in India. 
 
 EXTRACT BENGAL PUBLIC CONSULTATIONS, 
 12th Mardh 1787. 
 
 THE Governor General lays before the Board the following Advertifement, 
 vhich he recommends to be publidied in the Gazette. 
 
 " ADVr.RTISKMrNT. 
 
 •' Whereas it \^ by fcveral Acls of Parliament declared to be unlawful for any 
 Britifli Subject to repair to, refide, or to be concerned in any Traffic or Commerce 
 
 whatfoever.
 
 East india affairs. i^' 
 
 Wliatroevcj*, v/iihin ihc Limits of ifie cxcIuTive Trade of the F-afl India Coinj'jany, 
 vvithout or contrary to the Licence of the faid Company firfl had and obtained: And 
 whereas there is realbn to believe, that fundry Perfons beln;^ riaiurul-bor.i Briiifh 
 SUbjefts, have in contempt of the LavVs thus exiftinjr repaired to, ;';id are now, 
 either vithout any m-iginal Lirence, or after the fi.vpiraiion of fu'.h as they may 
 Irave obtained, refidcnt within the atorcfiid Limits ; k is therefore Iieicby required 
 of all Britifli Subject not in the Service of His Majefiiy or of the Kafi; India Corii- 
 pany, :.:id rcfuling or being within the Provinces of Bengal, B ih::r, and OrifTa, ot* 
 in the Duminiona of the Nabob Vizier, or tl;j Zemindary of Beuarc?, to certify 
 within Three Months from this Date by Letter to William Bruere Lfquire, the 
 Secretary to the Public Department, their feveral Names, Oecup.itious, and Places 
 of Abode, fpccifying at the f<ime Time the Year they refpeclively arrived in Indiaj 
 and if by Sea, the Name of the Ship, and of the Commander, and tranHnitiing 
 alfo the onj.;inal Licence they may have refpedlively oSt.iined, admitting of their 
 Refideuce within the Company's Limits, and if the Term tliereof be expired, or 
 aS far as regards fuch Perfons as are not poffeiTed of atiy, they are req'.iiied to fub- 
 mit fuch Grounds for Confideralion as they may think proper, to enable Govv-rn- 
 n\ent to form a Judgment on the Expediency of admitting of their longer Conti- 
 nuance in India : And it is hereby further declared, that all Britifn Subjects not being 
 in His IVIajefty's or the Company's Seivicc, who (hall fail, within the Period thus 
 limited, to report their Names and the other Circumflances as above required, 
 relative to their Situations in this Country, (liall be held and tal<eu to have for- 
 feited all Title or Plea whatfoever to remain in it, and become liable to be dealt 
 with as the leveral Acts above referred to direct in rcfpect to Perfons unlicenfed. 
 
 J3y Command, ecc. 
 2ia March 1787. (Signed) Jon" Du^•CA^:, 
 
 Aff' Secretary,'* 
 Agreed to and ordered accordingly. 
 
 EXTRACT OF BENGAL PUBLIC C0NSULTA1I0N3, 
 
 4th July J787. 
 
 THE Secretary fubmits to the Board's Confideration a fliort Abftract, alphabeti- 
 cally arranged, of all the Letters received from Individuals refident in India, who 
 are not in the Company's Service, in Reply to the Ad>'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 
 
 <e 
 a 
 <( 
 
 ii
 
 EAST INDIA AFFAIRS. le 
 
 •* of Fort Wnilam, and the Governor in Council of Fort St. Gcorf^e and l5nmbay,' 
 " and the Refidcnt ar Fort Marlboroufrh, within their refpeftive HcHdencies or 
 ** Limits to grant Licences in their Difcrelion refpectiveiy under their J lands and 
 " Seals to any of His Majefty's Subjects now refide-ntin the Prefidtmcies or Places 
 <* aforcfaid, for pcrmining fuch Suhjefts refpeftively, or any of ihcm, to remain 
 " and rontinue to trade or rcfid-: within the fiiid Prcfidcncies or other Places 
 •* aforefaid, (fuch Pcrfon orPerfons not being, by reafon of his or their holding 
 " any Oflice or Employment, OfiRces or Employments, or in any other Manner 
 " difab'.'d or prohibited from trading in the Eafi: Indijs or Parts aforefaid, by any 
 " AQ. or A£Ik now in force), for any Term nor exceeding Two Year?, to be com- 
 " putcd from theFirfl: Day of January One thoufand feven hundred and eighty 
 " icven, thcPcrfons receiving fuch Licences, firft entering into the like Covc- 
 " nants as arc ufually entered hito by Perfons licenfed by the faid Company, or 
 " fuch other reafonable Covenants as fhall be directed by the Court of Uireftors 
 *• of the faid Company for the Time being ; and that all and every of fuch Li- 
 *' cences fliall be of the fame Force and Efiecl duiing the Term for which the 
 *' fame fhall be fo lawfully granted, (unlefs the fame fhall be fooner revoked by 
 *' the faid Court of Directors, or by the Governors and Councils of the faid rc- 
 *' fpedive Prefidencies in India), who are hereby authorized in their Difcrelion 
 *• to revoke and determine the fame, as if fuch Licences had been granted under 
 " the Seal of the faid Company ; any Thing in this Ad or any former Acl con- 
 ^' tained to the contrary notwithflanding." 
 
 Sed. XXXVII. " That if any Suit or Adion fhall be brought or commenced 
 " againfl the faid Company, or any of their Servants, or againfl; any Perfon ading 
 *' by their Authority, for the Recovery of any Cods or Damages for the unlaw- 
 " ful taking, arrefting, fcizing, imprifoning, fending or bringing to England of 
 " any Perfon or Perfons found in the Eaft Indies, or other Parts aforefaid, within 
 •' the Limits of the faid Company's exclufive Trade, or as not being authorized to 
 *' refide or traflick there, the Defendant or Defendants to fuch Suit or Adion fhall 
 *' and may plead the General IflTue, and give the Special Matter in Evidence for 
 " his or their Defence ; and the Proof fhall lie on the Plaintiff' or Plaintiffs upon 
 *' the Trial of the Iffue, to fhew that at the Time or Times of arrefling or feizing 
 " fuch Perfon or Perfons refpedively, for the Caufe aforefaid, in the Manner in 
 " which the fame fhall be laid or charged, to have been done in and by the De- 
 " claration or Declarations in fuch Suits or Adions the Perfon or Perfons fo arrefted 
 " or feized was or were in the Military or Marine Service of the King's Maiefly, 
 *' His Heirs or SuccefTors, or was or were under Covenant to ferve the laid Com- 
 ** pany in India, or was or were duly poffefied of Licence or Licences in Writing, 
 *' authorizing him or them to go to or refide and trafhck in India, or other the 
 " faid Parts and Limits, or that the Perfon or Perfons (not being in His Majefty's 
 *• Service) was or were, at the Time or Times of his or their being fo feized or 
 " arrefted, entitled or authorized by the Stipulations of fuch Covenants or Li- 
 *' cences refpedively to remain and continue in India, or other the P?rts and 
 •' Limits aforefaid; and in Failure of fuch Proof, ti^e Plaintiff or Pbintifls lliall 
 " become nonfuited ; and in fuch Cafe or in any other Cafe wherein the Plaintiff 
 " or Plaintiffs in any fuch Suit or Suits, or Adion, fhall become nonfuited, or 
 " wherein Judgment fhall be given againft fuch Plaintiff or Plaintiffs upon De- 
 *' murrer, or where a Verdid fliall pafs for the Defendant or Defendants, the 
 " Defendant or Defendants ihall have Treble Cofls awarded, to be paid by the 
 ■" refpedive Plaintiff or Plaintiffs in fuch Suit or Aetion ; any Law, Statute, or 
 *' Provifion, to the contrary' notwithflanding." 
 
 Befides the Provifions made in the before-mentioned Ads for empowering the 
 Company and their feveral Prefidents and Council, to fend home unlicenfed Bri- 
 tifh Subjeds, or thofe upon Licences which have expired, or who may have been 
 difmiffcd from or refigned the Service of the Company, the Statute of the 1 3th of 
 G. 3. c. 63. enads, 
 
 Sec'^. XXIV. *' That from and after the iff Day of Auguft One thoufand feven 
 
 " hundred and feventy-four, no Pcrfon holding or exercifing any Civil or Milifarv 
 
 ■*' Oflice under the Crown, or the laid United Company in the Eaft Indies, fhall 
 
 ■** accept, receive or take, diredly or indircttlv, by himfelf or any other Perion 
 
 (163.) F ' «« or
 
 3ffi REGULATIONS RELATING TO 
 
 *' or Perfons on his Behalf, or for his Ufe or Benefit, of and from any of the Indian. 
 " Princes or Powers, or their Minlfters or Agents, (or any of the Natives of Afia) , 
 " any Prefent, Gift, Donation, Gratuity, or Reward, pecuniary or otherwife, upoa. 
 " any Account or any Pretence whatfoevei, or any Promife or Engagement for any 
 *' Prefent, Gift, Donation, Gratuity, or Reward ; and If any Perlbn holding or. 
 " exercifing any fuch Civil or Military OfHce fliall be guilty of any fuch Offe..ce, 
 " and fl:iall be there legally convided in fuch Supreme Court at Calcutta, or in the 
 •" Mayor's Court in any other of the faid United Company's Settlements where fuch 
 " Oftence fhall have been committed, every fuch Perfon fo convicted fliali forfeit 
 *' Double the Value of fuch Prefent, Gift, Donation, Gratuity, or Reward fo taken 
 ^' and received. One Moiety of which Forfeiture fliall be to the faid United Com-. 
 " pany, and the other Moiety to him or them who fliall Inform or profecute for the 
 " fame ; and alio fliall and may be fent to England by the Order of the Governor 
 " and Council of the Prefidency or Settlement where the Offender fliall be con- 
 " vicled, unlefs fuch Perfon fo convicted fliall give fufficient Security to remove 
 " him or thcmlclves within Tv^eive Months after fuch Conviction." 
 
 Sect. XXVII. " That fro?n and after the Firfl Day of Augufc One thoufand 
 ■" feven hundred and feventy-four, It fliall not be lawful for any Collector, Su-. 
 *' pervifor, or any other of His Majefty's Subjeds employed or concerned In the 
 " Colleftion of the Revenues or the AdmlnKtratlon of Juftlce, in the Provinces 
 ** of Bengal, Bahar, or Oriffa, or their Agents or Servants, or any Perfon or. 
 " Perfons in Trufl: for them, to buy any Goods, Wares, Merchandize, or other, 
 " Commodities whatever, by way of Traffick or Trade, at any Place within the 
 '^ Province of Bengal, Bahar, and Oriffa, and to fell the fame again, or any Part, 
 " thereof, at the Place where he bought the fame, or at any other Place within, 
 " the faid Provinces refpeclively ; and it fliall not be lawful for any of His, 
 *' Majefty's Subjeds In the faid Provinces to engage, intermeddle, or be any way 
 " concerned, diredly or indiredly. In the Inland Trade in Salt, Beetle-nut, 
 " Tobacco, or Rice, except on the Account of the faid United Company, on 
 ^•' Pain of forfeiting all fuch Goods or Commodities which he fl)all fo buy and 
 *' fell again by way of Traflick, or in which he fliall fo trade, and alfo Treble 
 " the Value thereof; One Moiety to the faid United Company, and the other 
 -" Moiety to him or them who will fue for the fame in the faid Supreme Court ; 
 " and every fuch Perfon on Convidlon fliall moreover be liable to be fent to 
 " England by fuch Orders as aforefald, unlefs he or they fliall give fufficient 
 *' Security to remove him or themfelves within Twelve Months after fuch 
 " Conviction." 
 
 Sed. XXXIl. " That from and after the faid Firfl Day of Augufl: One thou- 
 " fand feven hundred and feventy-four, if any of His Majefty's Subjeds in India, 
 " employed by or in the adual Service of the faid United Company, fliall be 
 " charged with and profecuted for any Breach of Public Trufl, or for Em- 
 " bezzlement of Public Money or Stores, or for defrauding the faid United 
 " Company, fuch Off'ender being convlded thereof In the faid Supreme Court 
 " of Judicature, or in any Court of Judicature, in any other Pi'oceeding or Set- 
 " tiement in India, may be fined and imprlfoned, and adjudged to be for ever 
 " after incapable of ferving the faid United Company, at the Difcretlon of the 
 *' Court before which he fhall be tried, and Immediately after the Sentence of 
 " fuch Court fliall have been executed and inflided, fhall and may be fent over 
 '•' to England by fuch Order and in fuch Manner as is herein-bcfore mentioned 
 " and direded, unlefs he fhall remove himfelf within Twelve Months, and in the 
 " mean Time give fufKcient Security fo to do," 
 
 Upon a Review of all the preceding Ads of ParliauKnl, It appears that the 
 Bririfli Subjeds liable to be feized and fent to Europe may be ranged in Three 
 Claflls, each of which are to be or may be differently dealt with. The Eirft 
 includes all Perfons who never h.ive been licenfed by the Company, nor employed 
 in His Majefty's or the Company's Service in the Eaft Indies. The Second, all 
 Perfmis who have refigned or been dilmiflfed from the Service of the Company, 
 or whofe Licences have expired. The Third comprehends thofe Perfons only 
 who have been cf-invictcd of any of the Offences dei'cribcd or mentioned in the 
 24thj 27lh, and 32d Sedions ol 13 Geo. 3. c. 63. hcrcin-before recited. 
 .. .. ■ The*
 
 EAST INDIA AFFAIRS. a^ 
 
 The Power, however, of arreflinpj, feizing, and fending Home any "Perfons 
 whatfocver refidcnt in the F>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 <vniy to l^ritrlli Subjects, and to Servants of the Company 
 and Servants of Britifh Subjefts. 
 
 31. A Reference to t'lte Terms of the Charter will be more fatisfaftory than this 
 Ab^traft. It affords a fnffident Fbundatioii, however, for the fallowing Obferva- 
 tions : 
 
 32. ifl. That the Limits of the Jurifdidicn are too confined to admit of its 
 being cx-crcired with Utility ; and cdly, Ti^at there is no exprels Authority to give 
 Judgment of Death, and to proceed to Execution in capital Crimes, although the. 
 Charter proceeds to diretl t'ines to be levied, and other Judgments not capital to 
 be carried into E^recution. 
 
 33. His Alajedy by His Charter granted in the Firft Year of His Reign, viz. 
 on the 13th March 1761, Was pleafed to grant a Power to the then Prcfident and 
 Council, ^ind His Majedy's Admirals, Captains of Ship-; and others, not lefs than 
 Seven in Number, to try Piracies. It has been doubted whether this Coir.miffion 
 is dill in force, and whether the like Authority itill continues in the Governor 
 General and Council, and fuch others as according to that Charter they (hall call 
 to their Affiftance. But if the Authority dees continue, it does not fjeiu very 
 conveiu'ent or proper. 
 
 34. We fliall now ftate the Regulations necefTary in our Judgment to give to 
 the Judges a proper and ufeful Jurifdiclion in Admiralty Cafes. 
 
 35. ill. That a Pc-vver be given by Adl of Parliament to the Supreme Court 
 of Judicature to trv all fo.ch Treafons, Murders, Piracies, Robberies, and other 
 Oft'enccs which are ufually puniilied capitally by Maritime Lavp, as fiiall be com- 
 mitted within the Limits of the Company's Tf-ade oii the High Seas, or within 
 the Ebbing and Flowing of the Sea in or upon any navigable River, in whatfoever 
 Gountry or Dominions the fame may be within the above Limits, by Briiifli Subjeifla 
 or others. That the Trial be by a Jury of Britifh Subjects^ with a Power to 
 fummon a Jury d: Mcdistaie Ling.-tee, when allowable by Law. 
 
 36. 2dly, That the Supreme Court of Judicature be authorized to try Prize 
 Caufes, and that for this Purpofe fuch an Alteration be made in the Conftitution of 
 the Court, as the Laws and Treaties in force may require, fuch Right of Appeal 
 being given as may be confident with thofe Law5 ;md Treaties. 
 
 37. 3dly, That the Power of giving Judgment of Death, and of proceeding to 
 Execution in Maritinsc capital Caufes, be clearly authorized and expreiTed. 
 
 38. Our next Purpofe in this Addrefs to your Honourable Court, is to obtain 
 a Law for the Relief of Infolvent Debtors* The Mifchief propofed to be re- 
 medied by fuch a Law is not confined to Calcutta, but extends to all Perfona 
 who are fubjtct 10 the Junfch\'tion of the Supreme Court. As the Law (lands 
 at prefent, Infolvent Perlbns v/ho have the Misfortune to be imprifoned at the Suit 
 of an obdurate Creditor, under Procefs of the Supreme Court, mufl remain in 
 Prifon for Life, there being no Power in this Country \s hich can poilibly extri- 
 cate them if the Creditor refufes to affent to their Difcharge. To relieve all 
 Perfons wlio may have the Misfortune to fall into this Situation, a perpetual 
 Law is wanting, by which Infolvent Perfons confined for Debt under Proceli 
 of the Supreme Court or of the Court of Requefts, oil giving up their Pro- 
 perty upon Oath for the general Benefit of all their Creditors, under fimilar 
 Regulations and fubjed to the like Penalties In cafe of Fraud or Concealment 
 as Infolvent Debtors are rendered liable to in England, by the occafionai Acta 
 paffed for their Relief, fhould be entitled to be difcharged from Cuftody, and' 
 exonerated from all their Debts. 
 
 39. The Power of difcharging the Infolvent Debtors under the Conditions 
 we have ftateJ, Ihould be vefted, we think, in the Supreme Court of Judicature, 
 except in Cafes where ih^i Debtor has been imprifoned by a Judgment of the Court 
 of Rcquefts for Debts not ejcceeding i co Rupees, in which Cafes we are of 
 
 opinion
 
 56 PvEGULATIONS RELATING TO 
 
 opinion that the Court of Requefts fhould have a concurrent Authority with tTie 
 Supreme Court in difcharging the Infolvent Debtor. 
 
 40. The only Subjed not yet mentioned among thofe vhich we propofed to 
 fubmit to your Confideration in this Letter, is that of providing fome Mode or 
 Syftem for trying and punifhing Oflences committed on Prince of Wales Ifland, as 
 well by Natives of Afia fettled there as by Britifli and other Mariners and Traders 
 rcforting to the Port. We have fpecified Prince of Wales Ifland particularly ; but 
 it might be convenient that the Laws which authorize a proper Adminiflration of 
 Juftlce in that Country fliould extend its Provifions to any other new Settlements 
 that may hereafter be made in any of the Forts or Iflands m the Bay of Bengal 
 or to the Eaftward. 
 
 41 . We have not any exa£l Account of the Number of Britifh Inhabitants and 
 others refiding upon Prince of Wales Ifland, but we know that the Native Settlers 
 are already very numerous, and fome of them of I'ribes remarkable for their 
 turbulent and fanguinary Difpofition ; and we underfland that the Number of 
 Native Inhabitants in general becomes daily greater, while we have not the regular 
 Means of punifhing any Oflences committed there, which muft be expedled to 
 increafe with the Increafe of the People. 
 
 42. If you fliould concur with us in the Propriety of the feveral Propofals 
 oflered to your Confideration, we requefl: that the Application to His Majefty's 
 Minifters and to the Parliament may be made with all convenient Expedition, in 
 order to afTifl the Law Officers to whom the Confideration of the Application will 
 of courfe be referred. We wifhed to tranfmit to you by this Packet the Sketch 
 of a Bill to be fubmitted after Emendation to the Judgment of the Legiflature ; 
 but the Indifpofition of your Advocate General, in whofe Province it lies to direft 
 the Formation of the Bill, and the Time limited for the Difpatch of the Rodney, 
 obliges us to give up the Intention of forwarding it by this Conveyance ; it will 
 be tranfmitted to you by the next. But as that may not ofi'er for ibme Months, 
 we hope that the Lights already furnilhed in this Addrefs on the Subjects of it, 
 will enable the Law Officers at home to proceed in forming the Bill without 
 waiting for the Outlines of it propofed to be fent from this Country. 
 
 43. When the Powers we have Iblicited ai'e granted, we fhall proceed to the 
 Appointment of the Miniflerial Officers for the proper Objedts of the Police, viz. 
 for Guarding and Watching the Town, for apprehending Offenders againfl the 
 Peace, Vagabonds and diforderly Perfons, under the Authority allowed by the 
 Laws. At prefent C'alcutta exhibits a fingular Inllance of a great Capital, without 
 any legal Police, whilfh the Foreign Settlements in Bengal, ading upon the Prin- 
 ciples of the old Zemindarry Jurifdiftion, have eflabliflied Regulations for the Pre- 
 fervation of Order in their refpedive Settlements, which we under the Reftrldion 
 ■of the Laws are precluded from accomplifhing. 
 
 We have the Honour to be, 
 
 Honourable Sirs, 
 Your moft obedient humble Servants, 
 Port William,, (Signed) CORNWALLIS. 
 
 ;6thMauh 1788. J, Shore. 
 
 Extrad Letter from Lord CormvaFlis to tTie Court, dated Fort William, 
 
 3d March 1788. 
 
 Para. -^o. You will receive with a Letter on the Subjeft from the Board, the 
 Draft of an Acl of Parliament for giving this Government more extenfive Powers 
 to enforce good Order in the Police of this City. As the Credit of your Govern- 
 ment and the Intcrcfl of Humanity and Jullicc call loudly tor the Mcafurc, I am 
 perfuadcd that you will be inclined to give it your utmolt Support and Affillance; 
 and it ho doubt will give you Satisfaction to know, that the Principles of thefe 
 ■Propofitions have been examined and difcuHed with great Deliberation at feveral 
 Meetings of the Members of Government and Judges of the Supreme Court of 
 Judicature, and that in the Adjuflment of every Point there was the moll perfed 
 .Unanitnity. 
 
 Ex trad
 
 EAST INDIA AFFAIRS. 37 
 
 iExtrafl: Letter from Lord Cornwallls to fhc Ildnourable Court of Dlreftors, 
 
 dated 3d Ni)vciiibcr 1788. 
 
 22. The liberal and conciliatory Spirit which I have uniformly experienced 
 tram ihe Judges of the Supreme Court, has been a Source of great Satisfaction to 
 myfdf ; and the conrcquent Ilannony which fubfifls between thom and tlie Suprenife 
 Government, cannot fail of being productive of many IJeuefirs to the Inhabitants 
 of all Defcriptions of this Country, I trufl that our earneft Recommendation 
 that you fiiould endeavour to obtain an Extenfion of Powers to your Supreme 
 Government, for the better regulating the Police and iinprovinj^ the ini^-rnal 
 Adminiltration of Jultice in this great City, will have engaged fome Part of your 
 Attention before the Arrival of this Difpatch. t 
 
 23. Tile Draft (-f the Aft of Parliament which was promifed by the lafl Ship of 
 the preceding Seafon, will accompany the Difpatch from the Board ; confiderable 
 Pains have been t.iken to include in it the principal Heads which arc thought moft 
 material for efletliiig its profcfled Purpofes; and whatever Allerr.tions may be 
 neceflary in fome Parts of the Detail, you n»ay be aifured that the Meafure in its 
 Subftance is calculated to promote Order and Huppincfs amongft the vaft Multi- 
 tude of People who compol'e the Inhabitants of this Place ; I cannot therefore too 
 warmly recommend to you to ufe your uimoft Endeavours to obtain for it the 
 Sanction of the Le^iflature. Many valuable Improvements have been mad<i in 
 the Adminiflration of Juitice in the interior Parts of thcle important Poffeilious ; 
 but I am obliged to acknowledge that both the Civil and Criminal Syftem^ and 
 particularly the latter, is yet far /hort of Perfection. 
 
 EXTRACT BENGAL PUBLIC CONSULTAT-IONS, 
 
 5th November 1788. 
 
 Read two Letters as follows from the Advocate General. 
 
 My Lord, 
 
 I have the Honour to lay before your Lordfliip the Draft of the Bill which I wai 
 directed to prepare conformably to the Inllruclions iranfmitted to me by the 
 Secretary of the Governmeni;. 
 
 Your Lordfliip will find, on perufirtg this Draft, that it does not contain any 
 Claufes for the Relief of Infolvent Debtors, which v/as one of the Subjeds men- 
 tioned in my Inftrudions ; for when I came to confidcr that Topic, it appeared of 
 fuch Importance, and I found fo many Provifions and Regulations would be 
 neceffary to the framing a Law wiiich fliould pcrnianently and effectually anfwer 
 the End propofed, that I thought it would be the moft advifable to make it the 
 Subje<5l of a feparate Bill. 1 was aware befides that if I had included it in thfe 
 prelent Draft, it would have been impradicable for me to have had it prepared 
 before the failing of the William Pitt, as from the Variety of other Bufmefs of the 
 Company I have conffantly had upon my Hands, and which has required more 
 immediate Difpatch, it has been vAih Difficulty that I have been able to prepare 
 the prefent Draft upon the other Heads of my Inftruflions. 
 
 I have the Pleafure, however, to inform your Lordfhip that I have dra'.vri the 
 Claufes which in Addition to the written Initructions fent me your Lordfhip was 
 pleaftd to direct ine to infert, for extending to the Subjects of the French King, 
 (agreeably to the Convention made at Verfaiiles on the 31ft Day of Augufl 1787), 
 and to other European, American and Chrillian Foreigners refiding cr Ibjourning 
 within the Company's Provifions, the Benefit of thfe Englifh Laws, and fubjefting 
 them to their Coercion in like Marnier as His Majefly's own Subjedls, inilead 
 of leaving them amenable both in Civil and Criminal iVIatters to the Jurifdictioft 
 ot the Country Courts, which decide according to the Rules of the Mahomedan 
 Law. I hope, in the Vacation after the prefent Term, I fhall be able to prepare a 
 Sketch of a Bill for the Relief of Infolvent Debtors, in Time to be fent home by 
 fome of the Ships that may be difpatched in January. 
 
 Calcutta, I have the Honoui' to be, &c. 
 
 28th Oa. 1788. (Signed; T. H. Davhes. 
 
 (163.) K "Whereas 
 
 270653
 
 pS REGULATIONS RELATING TO 
 
 " Wliereasln virtue of an Act of Parliament paffed in the 13th Year of the Reign 
 of His prefent Majefty, entitled " An Act for the eftablifliing certain Regulations 
 for the better Management of the Affairs of the Eafl India Company, as well in 
 India as in Europe," it was enafted, That i: fliould and might be lawful for the 
 Governor General and Council of the faid United Company's Settlements at 
 Fort William in Bengal, from Time to Time to make and ilTue fuch Rules, Ordi- 
 nances and Regulations for the good Order and Civil Government of the faid 
 Unittd Company's Settlement at Fort William sforefaid, and other Fadories and 
 Places fubordmate thereto, or to be fubordinp.te thereto, as fnould be deemed jufl 
 and realonable, fuch Rules, Ordinances and Regulations not being repugnant to 
 the Laws of the Realm, and to fet, inipofe, infi'ct and levy realonable Fines and 
 Forfeitures for the Breach and Non-obfervance of fuch Rules, Orders and 
 Regulations : 
 
 " And whereas it has been found that many Evils and Abufes exift within the 
 faid Settlement and the Factories and Places fubordinate thereto, for which no 
 fuitable Remedy can be provided under the Powers granted by theaforefaid Act : 
 
 '' And whereas from the great Extent and Population of the Town of Calcutta 
 at Fort William aforefaid, the Number 'of Magiftrates who under the prefent Laws 
 are enabled to exercife a legal Authority therein, is inadequate to the Prefervation 
 of the Peace of the faid 'lovn, and to the hearing the numerous Complaints 
 daily therein ariling : May it therefore pleafe Your Majefty that it may be enabled ; 
 and be it enatted by the King's moil Excellent Majefty, by and with the Advice 
 of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament 
 affembled, and by the Authority of the lame, That fo much of the faid Aft as 
 enables and empowers the faid Governor General and Council of the find United 
 Company's Settlement at Fort William in Bengal to rtiake and iffue any Rule, 
 Ordinance and Regulation for the good Order and Civil Government of the faid 
 United Company's Settlement at Fort William aforefaid, and other Faclories and 
 Places fubordinate thereto, or to be fubordinate thereto, ihall be and the fame is 
 hereby repealed. 
 
 " And be it further enabled, by the Authority aforefiud, That it fliall and may 
 be lawful for the Governor General in Council of the faid Ufnited Companvs 
 Settlement at Fort William in Bengal, from Time to Tinre to make and iffiie 
 fuch Ordinance or Ordinances for the good Order and Civil Government of the 
 /aid United Company's Settlement, at Fort William aforefaid, and other Faftories 
 and Places fubordinate or to be fubordinate thereto, and for the reflraining and 
 punifliing all Breaches of the Peace, Petty Larcenies, Mifdemeanours and other 
 Offences inferior to Felony which flrall be there committed by the Inhabitants of 
 the faid Places as fliall be deemed juft and reafonable, and to enact, impofe, m&iSt 
 and levy fuch adequate and reafonable Forfeitures, Fines, Imprifonment or other 
 corporal Puniflnnent for fuch Breaches of the Peace, Petty Larcenies, Mifde- 
 meanours and other Ofilnces as aforefaid, and for the Breach and Non oblervance 
 of fuch Ordinance and Ordinances as fliall by the faid Governor General in 
 Council be deemed neceffary and expedient : Provided that no Punilhment by 
 the faid Ordinance to be inflicted fliall extend to Life or Limb, or Imprifonment 
 for any longer Time than the Space of Two Year^ 
 
 " And be it further enadled, 'I'hat all Fines, Forfeitures and Penalties to be fet, 
 impofed, and levied, under or by virtue of fuch Ordinances, Ihr,!! go, be paid 
 and applied to and for the Ufe and Benefit of the Town of Calcutta, in fuch 
 Manner as fhall be directed by the faid Governor General in Council : But 
 neverthelefs, the fame Ordinances or any of them, fliall not be valid or of any 
 force or effe£t until the fame fliall be duly regiftered and publiflied in the faid 
 Supiemc Court of Judicature, vvith the Confent and Approbation of the faid 
 Court, which R^giPay fhall not be made until the I'^xpiration of Twenty Days 
 after' the fame fliall be openly publiflied, and a Copy thereof aflixed in fome con- 
 ipicuouo Part of the Court Houfe or Place where the laid Supreme Court fhall 
 be held, and from and immediately after fuch Regiflry as aforefaid, the fame fhall 
 be good and valid in Law : But neverthelefs, it fhall be lawful for any Perfon 
 or Perfons in India to appeal therefrom to His Majefty, His Heirs or Succeflbrs 
 in Council, who arc hereby empowered, if he or they think fit, to fet afide 
 
 and
 
 EAST INDIA AFFAIRS. 39 
 
 and repeal any fuch Ordinances refpcftivcly, fo as fucli Appeal or Notice thereof 
 be lodged in the i'aid Siijjrcme Court of Judicature within the Space of Sixty 
 »J[)ays ati;er the Time of the rcgiftering the fame ; and it Ihall be lawful for any 
 Perfon or Perfons in England to appeal therefrom in liice Manner within Sixty 
 Days after the publiJhing the fame in ]".n;dand ; and it is hereby direded and 
 required that a Copy of all fuch Ordinances, from Time to Time as the fame 
 fliall be fo received, fliall be afllxed in fome confpicuous and public Place in the 
 India Iloiifc, there to remain pikI be reforted to as Occafion lliall require; yet 
 ntvcrihelcfs, fuch Appeal (hull not obftrud, impede or hinder the niiinediate 
 Kxecuiion of any fuch Ordirumce fo made and regiftcred as afurcfaid, until the 
 lame fliall niipcar to have been fct afide or repealed upon the Hearing and 
 Determination of fuch Appeal. 
 
 " Provided always, and be it enacted by the vVuthority aforefaid, That the 
 Governor General in Council fliall, and he is hereby required, from Time to fiine 
 JO tranfinii Copies of all fuch Rules, Ordinances, and Regulaticms as he fliall make '' 
 luid illue, to One of His Majcfly's Principal Secrftarics of State for the Time 
 being ; and that it fliall and may be lawful to and for His Majedy, His Heirs and 
 .Succcllors, from Time to Time, as they fliall think neceflary, to fignify to the faid 
 United (^>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<ife apprehended were given over to the Cuftody of the Fort-Major ; and 
 ■in future Occaiions of a fmiilar Nature, it will be by fuch Means that we can efFedl 
 the Prefervation of the Public Peace. 
 
 24. Tlie increafing Numbers of Fugitives from Foreign Ships is an Evil of 
 ■confiderable Magnitude, and hence we cannot but regret that the Police of Calcutta 
 .fhould flili continue upon a Footing not only inadequate to the Purpofe of rellrain- 
 ing the bold Attempts of licentious and defperate Men, and of providing for the 
 Security of the Community at larg£, but unauthorized in its active Exertions by 
 ^ny legal Sanftion whatloever. 
 
 EXTRACT BENGAL PUBLIC CONSULTATIONS, 
 
 ift April 1791. 
 
 The Board taking into Confideration the feveral Applications now before them 
 'for Second Affiitants, and the Detriment arifing to the Public Service, efpecially in 
 ■the larger Coilcftorfliips, from the Colleftors not having a fufficient Number of 
 Ainftants to enable them to execute with Punduahty the official Duties required 
 'of them, are of opinion that it is neceffary either to allow them to entertain 
 F.uropean Afliflants not in the Company's Service, or to appoint fome of the 
 Writers of the lafl Seafon to fill the vacant Stations. Exclufive of the great Ex- 
 pence which would attend the Adoption of the firfl Alternative, it appears to the 
 Board by no Means advifable, that Men not in the Service (who in refpeft to 
 Knowledge- of the Public Bufmefs can have litde Advantage over the Writers 
 •lately arri^^ed, and whom Government would have no Means of punHhing in the 
 Event of their being guilty of Mifcondu^:) fliould be employed in Stations of fuch 
 TruH: and Importance. The Board iikewife think it incumbent on them to exprefs 
 it as their Opinion, that the young Men are more likely to obtain a Knowledge of 
 - Bufinefs and of the Languages, and to acquire early Habics of Application and to 
 be out of the way of Expcnce and Diffipation, when placed at the Out Stations 
 under the immttiiate Controul of Men verfed in public Aifairs, than when em- 
 .ployed in iranfcribing Papers in the Public Offices ni Calcutta, (a Duty that can 
 p-ive tliein but little Infight into Bufinefs, at the fame Time that it atlbrds them no 
 Opportunity of acquiring the Languages,) where they can be laid under no Re- 
 Itraint with regard to their private Conduct, and nmlt always be in greater Danger 
 of contracting Habits of Idlenefsand Di/hpation. The Board think it necedary to 
 add, that all Staiions of Truft and Refponfibility in the Public Offices are heKl bv 
 ^covenanted Servants, and that the Duty of the Monthly Writers employed therein 
 
 extends
 
 26th oa. 
 
 EAST INDIA AFFAIRS. 53 
 
 extends to little more than the tranfcribing of Papers; which Duty, from the Public 
 Proceedings having become fo voluminous, mufl: for the moll Part devolve upon 
 Perfons ot this Delcription. 
 
 The Board are therefore of opinion, that it will be benefipial to the young 
 Men as well as to the Service, to appoint them to the vacant Stations ; and they 
 truft that the Honourable Court of Directors will approve of the R-.-afons above 
 afligned for a Deviation from the Rule adopted In confequence of their Orders 
 of tlie 19th March 1790, and that ihcy will be induced to remove the Rcftrictlon 
 contained in thofe ()rder« with regard to the young I\'leq thty "liiy hereafter 
 appoint to their Civil Service at this Prefidency. 
 
 Extraft Public Letter from Bengal, dated 25th November 1791. 
 
 Para. 128. You will notice in our Proceedings of 26th ult. a Letter from ,9"l! 
 Mr. Martyn the Sheriff of Calcutta, reprefentlng on Behalf of the Committee ap- 
 pointed here, by Subfcribers for the Relief of Infolvent Debtors, that fcveral of 
 the Europeans who have been rcleafcd under that Inftltutiun have in a fliort Time 
 afterwards been again thrown into Gaol ; that the Knowledge that there is a Fund 
 ef the Kind, and the monthly Support given to every Prifoner whofe Situation 
 requires it, not only tend to lelfen the Terror of Confuiement, but are frequently 
 a 'i'emptation to incur frefh Debts ; and that to render, therefore, the future 
 Releafe of any F,uropean of foiid Benefit to himfelf, and to prevent as much as 
 poflible a miflaken Appropriation of the public Money, the Committee purpofe, 
 when the Parties conl'tnt, and as the Seafon offers, to fend them back to Europe. 
 Mr. Martyn acquainted us that the State of the Fund was fult)' adequate to the 
 Charge of paying the Charter-party Palfage on that Account, fo that the Company 
 would not incur the Expence of tranfportlng thefe Vagrants, whofe principal 
 Caufe of Diftrefs arifes from the Difficulty of their finding Employment in 
 Calcutta ; and that. we were only requtilcd to dired occafionally that they fliould 
 be received on board the Indiamen, and after their Releafe froni Gaol detained in 
 Fort William or fome other Place, at the Charge of the Committee, until the Ship 
 fhould be ready to take her Departure. We approved of the Plan, and of courfe 
 inilrufted our Secretary to let Mr. Martyn know that the Committee's Application 
 would be readily agreed to ; and we have no Doubt of its meeting with your 
 Approbation. 
 
 Extraft of Public Letter to Bengal, dated Sth February 1792. 
 
 Para. 58. We have come to a Refolution to permit 104 Perfons to proceed to 
 the Eafl Indies this Seafon under Free Mariners Indentures. We think it necefTary 
 upon this Occafion to require your Sentiments concerning the Expediency of 
 allowing Perfons of this Delcription to go out annually from this Country, for the 
 Purpofe of providing for themielves in the Way of their ProfefTion, and whether 
 and in what Degree the Commerce of India in general or the Company's Interefts 
 in particular are or are not promoted thereby. If you fhall think that the Mtafure 
 of iijnding out Perfons in the fea-faring Line is of general Utility, you will com- 
 municate to us your Opinion as to the Number to whom this Indulgence fiiould 
 be annually extended^ fo far as refpeds the Trade and Commerce of your Settle- 
 ment in particular. 
 
 EXTRACT BENGAL PUBLIC CONSULTATIONS, 
 
 24th February 1792. 
 
 Read a Letter and its Inclofure from the Superintendant of the Police, to 
 Earl CornwaUis, K. G. Governor General in Council. 
 
 My Lord, 
 A very daring Robbery having been committed lafl Night by Four Europeans, No. VIII. 
 between Eight and Nine o'clock, on the Road leading irora the Riding School 
 (163.) O to
 
 54 REGULATIONS RELATING TO 
 
 to the New Fort, accompanied with Circumftances of Violence as fet forth in the 
 enclofed Depofition, I take the Liberty to requefl your Lordlliip's Perniiflion to 
 offer a Reward of 300 Rupees for the Difcovery of each of the Perfons concerned 
 in the above Outrage. 
 
 Police Office ^ ^'"' ^'^^ 
 
 23d February 1792. . (S'gned) G.C.Meyer, 
 
 Extradl from the Proceedings of the Police Office, under Date 
 the 23d February 1792. 
 
 Mr. John Wallace depofes on Oath, That at about a Quarter|before Nine yefferday 
 EvenincT, as he was guing in his Palankeen down the Road leading from the 
 Riding School towards the Fort, he was affaulted by Four Europeans armed with 
 Bludgeons, at about 200 Yards from the School, where they robbed him of a 
 Pair of Silver Shoe Buckles, and ftruck a Bearer belonging to his Palankeen a 
 violent Blow on the Head, which knocked him down. 
 
 That having robbed him, they flruck him a Blow with a Bludgeon, and made 
 towards Fort William : That they had no Coats on ; that it being dark, he could 
 not difcern whether the Men were Soldiers, but that they talked Englifli. 
 
 That the Buckles coft about 60 Rupees at Madras. 
 
 A true Extract. 
 
 (Signed) W. C. BLACQ.UAtRE, 
 
 Air D^Sup'. 
 
 Agreed, That the Superintendant of the Police be authorized to offer the Reward 
 propofed in his Letter of the 23d inflar.t, for the Difcovery of each of the Perfons 
 concerned in the Outrage reported by him to the Governor General in Council. 
 
 Extract Public Letter to Bengal, dated i6th May 1792. 
 
 Para. 7. We concur entirely with you In the Sentiments exprcffed in your Minute 
 on the Revenue Confultations of the ift April 1791, that it is by no means 
 advifable that Men not in the Service Ihould be employed in Stations of Truft and 
 Importance, and are pleafed therefore to be informed by your faid Minutes, that 
 all Stations of Trufl and Refponfibiiity in the Public Offices are held by covenanted 
 Servants, and that the Duty of the European Monthly Writers employed therein 
 extends to little more than the tranfcribing of Papers, which Duty, from the 
 public Proceedings having become fo voluminous, mud for the moft Part devolve 
 upon Perfons of this Defcription. As, however, we wifh the junior Part of our 
 Servants to be regularly initiated in the Knowledge of the Bufinefs in the different 
 Departments, in order to qualify them for more important Situations, you will 
 continue to follow the Direftions contained in our Letter of the 19th March 1790, 
 for diftributing them as they arrive in the refpeclive Offices, which will enable you, 
 as we enjoin you to do, to make a proportionate Reduction in the Eftablifhment 
 of European Monthly Writers, the Expence of which, we are concerned to ob- 
 ferve, by an Account made up 30th April 1790, amount to upwards of ^'34,000 
 per Annum. 
 
 8. Before we quit this Subject, we mufl fignify our Acquiefcence, for the 
 Reafons affigned on the Proceedings referred to in the 27th Paragraph of your 
 Revenue Letter of the icth Augult hft, hi the Deviation from our faid Orders, by 
 the Appointment of feveral Perfons to be Second Affiftants under the Collectors. 
 
 EXTRACT BENGAL PUBLIC CONSULTATIONS, 
 20th July 1792. 
 
 THE Board underdanding that it frequently happens that Europeans of the 
 lower Clafs, dcftitutc of any Friends or Connedtions in the Country, are found in 
 the Streets of Calcutta, labouring under Difeafes which often become fatal merely 
 for want of proper Care and J\ledical iVifiitance 5 and being of opinion that Per- 
 
 fons
 
 EAST INDIA AFFAIRS. s; 
 
 fons fo clrcumftanced are proper Objefts of Relief in tlie Honourable Company^ 
 Ilofpital at their Expencc ; whereas at prcfent any Individuals who, yielding to the 
 Diftates of Humanity, are induced to recommend poor Objcfls for Admiflion 
 therein, are charged with the monthly Kx-pence of their Maintenance : 
 
 Agreed and ordered, Tliar the Supcrintendant of the Police be authorized to 
 fend for AdmifTion into the General Ilofpital any Europeans of the Dc-fcription 
 and under the Circumftances above mentioned, who may be found in the Streets 
 of Calcutta, or its Neighbourhood. 
 
 Ordered alfo, That the Ilofpital Board be inftrufled to give Orders for the 
 Reception into the General Ilofpital of fuch lOuropeans as may be fent for Ad- 
 midion by the Superintendant of the Police, and that they report to the Board 
 through that Officer, monthly, the Numbers admitted and diicharged, with the 
 Expence of their iMaintenance, and any other Charge that may have been incurred 
 on their Account. 
 
 Read a Letter from Mr. John Lawrence, to Edward Hay Efquirc, Secretary to 
 Govtrnmeiit. 
 
 Sir, 
 John Woods, a poor and unfortunate European, begs Leave, through me, to 
 acquaint the Honourable Board, that he is very fick, and hopes that he may be 
 permitted to receive the Benefit of their Ilofpital for the Cure of his Diforder, the 
 Dyfentery, of above a Twelve-month's Standing, or he will inevitably perifh in 
 the Street. 
 
 I have the Honour to be, 
 Calcutta, &c. &c. 
 
 29th July 1792. (Signed) John Lawrence. 
 
 Agreed, That the Requeft contained in the above Letter be complied with. 
 
 Extrafl: Public Letter from Bengal, dated 3d September 1792. 
 
 Letter to, Sth February 1792. ^ Paragraph 37. This SubjeiEl, which v,'e deem of 
 Parajrraph 58 One humlred and ^lore than ordinarv Confequence, having been 
 four I'crloiis permitted to India , l^ i_ r ' /i_ 1 j -n it i ^1 t-» 
 
 thi. Seafon, 1-Vee Mariners, d.fire brought before US, we Ihould dl difcharge the Duty 
 our Sentiments as to the Expe- I you have affigned to US, if We did not deliver our 
 diency of allowing Perfons of this [ Opinion upon it, without the leafl Referve. We 
 
 fliall not, tlierefore, hcfitate in alluring you, that 
 we think it extremely advifable, under the prcfent 
 Circumftances of the Company's Trade and Situ- 
 ation in India, that you fliould not only confine to 
 very fev; Inftances every Year (we could wilh that the Number fliould not exceed 
 Five or Six, or at the utmoft I'en) your Licence to Individuals to proceed to this 
 Country as Free Merchants, or Free Mariners, but that particular Care fhould be 
 taken, when you grant it, that the Perfons on whom you beftow this Mark of 
 Favour are from their Charaders entirely deferving of it. 
 
 38. We beg Leave to take this Occafion to obferve, that although many Years 
 ago a Difliindion may, and we believe was maintained, between thole who vifited 
 India as Free Merchants, and thofe who came to it as Free Mariners, (a Diftinftioa 
 revived in late Difpatches from your Honourable Court, who have not often given 
 Licences to Free RIariners,) the Habits obtained in a long Period of 1 ime, and 
 Circumftances connefted with the Policy upon which Men vary in their Judgments 
 of bounding the mercantile Speculations of Individuals, or allowing them full 
 Scope, while the latter, which is certainly the mo.O: liberal, has feemed alfo to prevail 
 in the Opinion of Men who wifh well to the People of this Comitry, have gradually 
 brought upon a Level the Perfons who came out with your Leave as Iree 
 Merchants, to exercife their Difcretion in trading from one Part of India to 
 another, or refiding at any fixed Place, to engage in Commerce ; and the Free 
 •Mariners, whofe Licence, according to the old and original Intention, was limited 
 to the Maritime Trade, in the Purfuit of which they v ere themfeives to travel 
 from Place to Place, without being entitled by their Covenants (_as theie were 
 
 intended 
 
 Defciiption to go out annually, 
 and whether the Coniiiierce of the 
 Country or the Company's In- 
 terefts are promoted thereby.
 
 56 REGULATIONS RELATING TO 
 
 intended to be underRood) to take up their Abode, and fettle for Commercial 
 Purpofes in one Part of India in preference to another. 
 
 39. It feenis impoflible to renew this Diftindion in Practice, without exercifing 
 a very great Degree of Severity, wh'ch we believe not to be in Contemplation ; 
 and we think, that although it were renewed, you could never be quite certain 
 of its being rigidly adhered to. 
 
 40. The Situations of Free Merchants and Free Mariners being thus fuppofed 
 to be not diflimilar, it feems to be of little Confequence whether the Licences be 
 granted under one Denomination or the other, but a Reftraint upon the Number 
 is extrei;ie]y neceflary ; for there is not a Part of India that is not principally 
 inhabited among the Europeans by Perfons who are not upon the Civil or Military 
 Eltablidiment of your Service ; many have not the Means, and feme not the 
 Inclination to carry on Trade, and they become a Burthen to the Society in which 
 they live. 
 
 41. It may certainly be faid, that it were better to give an exprefs Authority to 
 Perfons to trade in India, than that a great Variety of People from England Ihould 
 be here without any Licence whatever ; and we (hould admit the Pofidon if it 
 flood by itfelf : but as it is very eafily prafticabie to remove from the Country all 
 thofe who are in it without your Permiflion, and thofe who have that Permiffion 
 fometimes affume Rights and Pretenfions that are not perfectly juftifiable, and 
 cannot, under their Covenants, be fent away but upon a Notice of not lefs than 
 Twelve Months, we hold a more direct Control over the unlicenfed European, 
 who may be forced to quit the Country on a Day's Notice, than we are thought 
 to poffels over the Man who produces his Indenture to fliew that he trades on an 
 Authority fuperior to our owti. 
 
 42. There are many Inftances to prove the Importance of your being perfeflly 
 fatisfied upon fufficient Evidence in England, as to the Charadters of the Perfons 
 to whom alone your Licences fhould be granted. A very recent Cafe was lately 
 before us, of a Mr. Michael M'Namara, who went to England in the Year 1789, 
 in confequence of an Order from Government, upon a full Affurance of his very 
 improper Condudt in different Parts of Bengal. He probably ftated his Sitiiation 
 as deferving of Compaflion, and himfelf as much oppreffed, and the Humanity of 
 the Court, perhaps, was interefted to allow of his Return. He came to Bengal 
 with the Indenture of a Free Mariner, and he had not been many Weeks here 
 when he brought forward the very fame Complaint of lU-ufage that had been 
 rejefted in 1789, after an Inquiry, the Refult of which induced us to order him 
 out of the Country. 
 
 43. We have given Mr. Michael M'Namara Notice that he niuft be prepared to 
 leave Bengal at this Time Twelvemonths, and wc truft that he will not be allowed 
 to return to it. 
 
 Extract Public Letter to Bengal, dated 25th February 1793. 
 Letter from, 25th November 1791, (Par. i28.)-\ y ^, There appears upou the Face of 
 
 Perfons releafed from Jaflby the Subfcnbers for / this Paragraph lufficieUt Reafon for VOUf 
 the Rcner of InloWent Debtors, to be Icat home >. • , 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<fl or Subjefts, or refident within 
 the Limits of the Town of Calcutta at Fort William aforefaid) of any of the 
 
 Provinces
 
 EAST INDIA AFFAIRS. 59 
 
 Provinces dependent upon or witJiiii the 'rcrritorial Acquifitions of the faid 
 United Company, provided tlic Matter in difpute between the Parties, or 
 the Cauie or Caiifes of each and every fuch Suit or Suits, Adllon or Aclions, 
 doth not and fhali not refpedtively, at tlie Time of commencing fuch Suit or 
 Suits, Aftion or Atlions, exceed in Value the Sum of 500 Sicca Rupees j 
 or if the faid liis Heirs, Executors, and Adminiftrators 
 
 fliall and do well and truly (land to, abide by, obey, fulfil, and fatisfy all 
 and every the Order and Orders, Deciee or Decrees, Judgment or Judg- 
 ments, which, in cafe of any Appeal of fuch Suit or Suits, Action or Aftions, 
 duly and regularly made from the faid Dewanuy Adawlut to the proper Court 
 or Courts of Appeal, fliall be duly and regularly made by fuch Court of Ap- 
 peal as fhall finally hear, decide, and determine fuch Suit or Suits, ASion 
 or Actions ; and if the faid his Heirs, Executors, and 
 
 Adminiftrators, or any or either of them, (hall not and do not, in and relating 
 to fuch Suit or Suits, Aftion or Actions, apply for any Writ or Writs of 
 Surceafe, to '\ffue 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 efl;abli(hing the fame, 
 then this Obligation to be void and of none EfFeft, otherwife to be and remain 
 in full force and virtue. 
 
 " Signed, fealed, and delivered (where ^ 
 no Stamps are in ufe or to be > 
 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<ir ihofe executing C^ovenants of Free 
 Merchants is jL'icoo. Sterhng, and other Peribns, including Free Mariners, .^"500. 
 Sterling. There may be fome F.uropeans of unexceptionable Charattern, honed 
 and induflrious Men, who cannot hnil Security in Half the required Sum. It 
 will, 1 conceive, be necelfary to vary the Amount at the Dilcrction of Government. 
 In order to carry ihe Regulations of the Honourable Court into Execution, it 
 will be proper in the firfl Inllance to publifli Extracts ot the General Letters of 
 the nth December 1793, and aSth May 1794, viz. the 6th, 7th, 8th, 9th, 10th 
 Paragraphs of the former, and the Three fuft Paragraphs of the latter. 
 
 In adiiition to the above, I propofe the accompanying general Notification to 
 be publidied at the fame Time, and to be annexed to it. 
 
 Tiiefe Notices (hould be advertifed in a Gazette L'-xtraordinary, and be lepeated 
 in the Weekly Gazette, iur Three Weeks fuccelTively ; ami I recommend that 
 feveral Copies of them be fent to Ilis Majefly's Jultices of the Peace, with a Requeft 
 to have them publifhed in diflerent Parts of the Town. It will be proper at the 
 fame Time that Three Printed Copies ol the Notification Ihould be ftnt to each 
 Magiftrate, and to the Refidents of Oude and Benares, with Inltrudlions to the 
 following ElTeft : 
 
 That the Notification be made as public as pofTible, within the Diflricls under 
 their Charge ; that if the Information tranhnitted to them in confequtnce of 
 the Requifition contained in it, fliould be defedive, they are to point out to the 
 Perfons fending the Information the Utfecis therein, and require them to redify 
 them wuhout Lofs of Time ; that if any of the Perfons applying for Licences 
 under the prefcril)ed Conditions fliould have tranfgrcfled the Regulations of Go- 
 vernment, or have otherwife behaved improperly, they are to ftate the fame when 
 they tranlmit the preferred Applications, which they are to difpatch on the 21ft of 
 April next : That if it Ihould come to their Knowledge that any Perfons to whom 
 the Requifition is addrell'ed Ihould omit to comply with it, they are to rcpoit 
 their Names. 
 
 I have left a Blank for the Name of the Perfons to whom the required Infor- 
 mation is to be tranfmitted, as I am decidedly of opinion, that it ought to be the 
 exprefs Duty of One particular Perfon who has Time for the Tafk ot collecting 
 and compiling it in a Form for the Decifion of the Board, who mufl determine 
 what Perfons are to receive Licences on the Execution of Covenants. Similar 
 Ijiformation has often been required, through the Secretary of Government ; but 
 it cannot be expcftcd amidft the laborious Details of his public Occupations, that 
 he can find Leifure for the requifite Attention to this particular Duty. Many fub- 
 fidiary Regulations will be required, to give Efficacy to the Purpofes of tiie 
 Honourable Court in prefcribing the Execution of Covenan'.s by Perfons out ot 
 the Service ; and all Orders, Applications and Refolutions ought to pafs through 
 one Channel, as well for the Sake of Confiltency as for Facility of Reference : I 
 would propofe therefore the Appoiutment of fome Perfon as Regifter of Covenants 
 and of Perfons out of the Service, from whom we may at all Times obtain that 
 Information which may be wanted. The Board, from pafi: Experience, will i<.now 
 the Necefliiy of a ftrict Adherence of Forms in granting Licences or PermiOions 
 to People to refide in different Parts of the Provhices, and of the Trouble which 
 refults to them from Application for this Purpofe. The Duties of the Officer 
 will be further explained in the Courfe of the fubfequent Remarks. 
 
 In the firfl Place, having received the Information required by the Publication, 
 it will be his Bufmefs to prepare and compile a Regiiter of Perfons and Applica- 
 tions, under the different Heads pointed out, for the Knowledge and Decifion of 
 the Board, which may be done weekly until the Whole be completed. The 
 filling up the Covenants, tranfmitting them for Execution, cr attending the Exe- 
 cution of them himfelf, in the Mode prefcribed, will then be necelfary. An exact 
 Regirter fliould be formed of Perfons licenfed to remain in India, with a Column 
 fpecifying their having fubfcribed the Covenants, and the Names of the Securities. 
 He will deliver the Licences, and is to prepare the Packets of the Covenants to 
 be tranhnitted to the Honourable Court, with, accurate Lifts of them. 
 
 (163.) S The
 
 f<i REGULATIONS REtATING TO 
 
 The Covenanrs ^6 no farther than to licenfe the Refidence of the Subfcrlbefff 
 to them in India, with Liberty to follow r. particular Occupation. The Permiffiort 
 to refide in different Parts of thefe Provinces is granted by the Government, and 
 fhould be diftinft ft-om the Covenant. Adverting to this Suggeftion to the general 
 Objed of Controul propofed by the Honourable Court in requiring the Sub- 
 fcription of Covenants, and wiftiing as far as pofiible to limit the Difcretion of 
 Government in Cafes where an Acquiefcence in Applications is with Difficulty 
 withheld, I propofe the following Rules: 
 
 1. That no Britifli Subjedls who have arrived in Bengal fince the 3 ifl December 
 1794, without the Licence or Permiflion of the Honourable the Court of Direftors, 
 be allowed to execute Covenants or to receive Licences for remaining in India. 
 
 2. That no DiTcharges be granted to any Perfons who have coiitra£led to ferve 
 the Company as Soldiers, until the Expiration of the contrafted Period, except 
 upon Condition of their returning to Europe within the prcfcribed Time, and 
 upon their giving Security to perform the above Condition. 'Ihis Relolutioil 
 does not of courfe exclude Cafes of Neceffity from Indifpofition. 
 
 3. That no Perfons who have arrived in India fince the ift of January 1794, 
 having executed the Indentures of a free Mariner in England, be permitted to 
 refide in any Part of the Provinces at a greater Diftance than Ten Miles from the 
 Prefidency. 
 
 4. That no Britifh Subjed, not in His Majefty's or the Company's Service, be 
 permitted to refide in any Part of the Company's Provinces, at a greater Diftance 
 than Ten Miles from Calcutta, without the fpecial Permiflion of this Government. 
 
 5. That all Applications for fuch Permiflion be made to the Regiiter of Cove- 
 nants, and the Application is to fpecify the Objed for which fuch PermifTion is 
 requefted, and the Period of Intended Refidence. 
 
 6. That the Regifler fubmit the fame to the Governor General in Council, 
 with a Certificate that the Perfon has or has not figned the prefcribed Covenant, 
 and has obtained a Licence to remain in India. 
 
 7. That all Europeans under the Protedion of the Company, not being in the 
 Service of His Majefty or the Companv, who have not obtained Permilhon to 
 refide in any Part of the Provinces, at a greater Diftance than Ten Miles from 
 Calcutta, in the Event of their wifhing to travel to any Place or Station within 
 the Provinces at a greater Diftance from Calcutta than Thirty Miles, be required 
 to apply for a Pafs to the Regifter of Covenants. 
 
 8. The Regifter is to tranfmit the Application to the Secretary to the Govern- 
 ment, with a Certificate as prefcribed in the preceding Regulation ; and the Secre- 
 tary, upon receiving it, is authorized to grant the Pafs applied for. This Rule 
 is not meant to include Foreigners in the Service of His Danifh Majefty, or of the; 
 Dutch Eaft India Company, nor to apply to any Perfons travelling from Calcutta 
 by the River Houghley to the Sea. 
 
 9. That all Licences, permitting Britifh Subjeds or Europeans under the Pro- 
 tedion of the Company to refide out of Calcutta, be regiftered, and that Notice 
 of every fuch Permiflion be fent by the Regifter of Covenants to the Magiftrate of 
 the Diftrid where fuch Perfon has obtained Permitlion to refide. 
 
 10. The Magiftrates are authorized to ftop or detain Europeans of a fufpiciouS' 
 Appearance, travelling through the Diftrids without a Pafs or Permiflion. 
 
 J I. That no Permiflion be granted in future to any Britifh Subjeds, not in the 
 Service of Mis Majefty or the Company, to fettle within the Provinces of the Nabob 
 Vizier. This is not meant to prevent Penniftions being granted to Perfons vifit- 
 ing the Provinces of the Nabob Vizier for temporary Puvpofes ; fuch Permifiions 
 to be granted l.iy the Secretary, with the Knowledge and Sandionof the Governor 
 General. 
 
 12. That for the prefent no Applications from any Europeans, not in the Ser- 
 vice of His Majefty or the Company, to refide in the Province of Benares for the 
 Puipofe of makinj, new Eitabliflnuents there, be admitted. 
 
 13. That it be the fpecial Duty of the Regifter to prepare annually the Lift 
 required by the Orders of the Honom-ablc Court, on the 5th Paragraph of their 
 General Letter of the i ith December 1793, to be ready for Tranfinillion by the 
 iilh January in each Ycarj and that for this Purpolc he is to form an annual 
 
 Advertifcment.
 
 KAST INDfA Al'iFAIRS. fi 
 
 AJVertifcmenf, addrefTed to the Inhabitants of Calcuttn and its F.iivirons, to be 
 iflfued in the Firlt Week, of Oflober in each Year, and for the Three following 
 Weeks, requiring thcin to tranfinit to the Regifter their Names by the ifl of 
 November. The Advertifement to be flgned by the Secreiary of Guveninieiil. 
 
 li). That in order to afcertain any Perfons who may hereafter arrive in India 
 by Foreign Vefiels, as well as for (Jbjefls of Police, it be made a Standing 
 Regulation : 
 
 '1 hat the Commanders of all Foreign VefTels itnpoi ting at Calcutta, be required 
 on their Arrival to lieliver into the Maflcr Attendant's Office a Lilt:, fpecifying the 
 Names of the Conunanders, Oflicers, Crews, and Pallengers on board the faid 
 Vefiels; and that the Mailer Attendant be required to repurt to tlie Rcgifler the 
 Names of any Pafl'engers, and to keep in Depofit all the Lifts. 
 
 15. Thar the Mafter Attendant be pofuivcly proiiibited from furnifliing any 
 Foreign Veffel importing at Calcutta with a I'ilor, until fach Lift fhall have been 
 delivered to him. 
 
 16. That any liritifli Subjci5l in the Company's Civil or Military Service, or 
 having a Licence to remain in India, who fhall, after a prefcribed Date, give 
 Afliftance and Encouragement to the Refidence of any unliccnfed Perfon in India, 
 be declared to have forfeited the Company's Service or Protedion. 
 
 The Board will remark, that fomeof the Regulations here propofed are already 
 in force ; but I have thought it necelfary to colledt them together, for thePurpofe 
 of cafier Reference and Attention. With refped to the 12th, it is conformable to 
 an exilUng Prohibition, and it goes only to prevent the Country of Benares being 
 over-run with Adventurers. 
 
 We have already experienced thefe Inconveniences ; bur I do not mean that the 
 Regulation fliould be conltrued to deprive thofe who are already fettled at Benares, 
 either of the Means of difpofing of their Concerns, or of procuring Afliftance for 
 carrying them on. 
 
 I am lorry that any Delay fhould have occurred in the Execution of the Ordeis 
 of the Honourable Court : a formal Compliance might have taken place imme- 
 diately on the Receipt of the Covenants ; but the Subjedl is too important to be 
 lightly attended to, and the Honourable Court will, I flatter myfelf, be better* 
 pleafed at feeing thefe Orders well executed than haftily obeyed. 
 
 (Signed) J. Shore. 
 
 Resolutions. 
 
 That, in Conformity to the Propofition of the Governor General, an Oflice be 
 cftabliflied for regiftering Covenants and Perfons out of the Service, and that 
 Mr. Thomas Dafluvood be appointed Regifter of Covenants and of Perfons out 
 of the Service. The Board will hereaher determine the Allowances and Efta- 
 blifliments at the new Office, and prefcribe the Rules for the Conduft of it. That 
 thefeveral Paragraphs in the General Letter be publiflied, with the Notice annexed, 
 as propofed by the Governor General. That Part of the i4fh and the 15th Regu- 
 lations be alio publilhed, and that they be communicated at full to the Mafter 
 Attendant, with Directions to infert as much of them as are advertifed in a Book, 
 to be communicated to the Commanders of all Foreign Veffels on their Arrival in 
 the River ; thefe are to be tranflated into French, Portuguefe, and Dutch. The 
 Mafter Attendant is further enjoined to report to the Secretary of Government the 
 Names of every Foreign Veifel, and of the Commander, who fliall negled within 
 Forty-eight Hours after his anchoring at Calcutta to comply with the prefcribed 
 Requifitions. The Board, after the Departure of the Indiamen under Ordeis 
 lor Dilpatch, will rei^unie the Confideration of the Governor General's Minute. 
 
 Extrad Public Letter to Bengal, dated 3d July 1795. 
 
 Letter from, iSih A uguft 1794. >. 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 
 <if any Breach of them, or to punifh any improper Interfeience of other Individuals 
 with their Tranfactions. 
 
 23. Art. 6th. We cannot accede to the Requeft contained in their Article, 
 without a Deviation from general Principles, from which we fhould confider it un- 
 advifable to depart. The Modes of collecling the Public Revenue, eftablilhed by 
 the Gi^neral Regulations, cannot be altered for the Convenience of the ContraSors, 
 efpecially as the Object of the fuggetled Alteration may be more effectually at- 
 tained by the Application of the injured Parties to the proper Tribunals. 
 
 24. Art 7th. In Anfwer to this Article, we think it fufficient to refer the Con- 
 tractors to the Terms under which they have taken the Contract ; their Requefl, 
 in general, might indeed with Propriety have been replied to by a limilar 
 Reference. 
 
 25. We cannot conclude our Remarks upon the above Correfpondence, without 
 noticing that the Letters of MeiTrs. Gilchrift and Chaters are as difrefpeClful to 
 the Authority ot the ACting Refident as they are difreputable to themfelves ; and 
 we dtfi e you will acquaint them, in Anfwer to the laft Paragraph of their Letter 
 b>-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 ten<i to remedy thofe Abufes, of which there appeared too much Rea- 
 fon to complain. 
 
 35. We concur with you in Opinion, that though it might be extremely de- 
 
 firable to promote the Cultivation of Indigo in this Zemindarry, yet the Obied is 
 
 (163.; X of
 
 S2 REGULATIONS RELATING TO 
 
 of little Importance compared with the Eafe and Happinefs of the Natives ; but 
 ahhoiigh from Motives of Policy, and in conformity with a general Regulation for 
 the other Provinces, the European Speculators in this Article at Benares have been 
 very properly laid under Reftriclions as to the Quantity of Land they fhould re- 
 fpedlively occupy, the Cultivation and Manufacture of Indigo mufl: be confidered 
 as an Objeft of National Inipoitance. • We were forry, therefore, to obferve, that 
 notwith Handing it would be the Means of affording Provifion for a Number of the 
 moll indigent and helplefs Part of the Community, as well as beneficial to the 
 Country at large, there appeared a general Difmclination to forward its Cultiva- 
 tion, which led Mr. Duncan at firft to doubt whether the Ryots could ever be in- 
 duced to undertake to any ufeful Extent this Cultivation, which appears to have 
 been unknown to and unpraftifed by the general Body of Benares Hufbandmen. 
 
 36. We are pleafed, however, to find, by a Letter from Mr. Duncan of the 
 2\li May 1794, entered on your fubfequent Proceedings of the 26th September, 
 that he has prevailed upon Mehendy Aly Khan fo to amend his original Propofal 
 for the Cultivation of a confiderable Quantity of Land at reduced Rates, as to 
 induce the European Manufafturers to accept thereof, and that he thinks the Plan 
 propofed by the Khan mult have an immediate Tendency gradually to render the 
 Cultivation of Indigo by the Natives lor Britifn Subjects as general as pollible 
 throughout the Country. 
 
 EXTRACT BENGAL LAVI CONSULTATIONS, 
 7th Auguft 1795. 
 
 The following Minute is recorded bv the Governor General in Council, having 
 been previoufly circulated for the Cor.fideration of the Members of the Board^ 
 containing the Rules and Regulations now paffed and adopted for the Oi5ce of 
 Regifter of Covenants. The Secretary is direfted to iffue an Advertifement, and 
 the ncceflary Orders, in conformity with the Refolutions, and to tranfmir a Copy 
 of the latter to the Judicial Department, for the Purpofe ftated in the Regulations 
 
 The Board refume the Confideration of the Governor General's Minu'e, re- 
 corded on the Proceedings of the 6th March lad, relating to the Covenants 
 mentioned in the Letters from the Honourable Court of Directors, dated nth 
 December 1793, and 28th May 1794, and proceed to pafs the following Refo- 
 lutions on it, comprifing the Rules and Regulations under which the OiSce of 
 Regifter of Covenants is to be conducted : 
 
 1. Ordered, That the feveral Lilfs and Notifications which ha\ e been tranf- 
 mitted to the Secretary of Government by the Magiflrates of the different Dillricis 
 in confequence of the Advertifement of the 9th of March, be lent to t'le Regifter, 
 to enable him to complete therefrom, and from the Lids of the Town, One general 
 Regifter of Pcrfons and iVpplicatioiis, agreeable to the Form already auopied by 
 him and approved by the Governor General. 
 
 2. That when the above Regifter (hall be completed, or fioni Time to Time 
 during the Piogrefs of it, Extrads therefrom, comprizing every Information 
 neceu'ary, but cfpecially the Remarks of the Magiftrates and the Juftices of the 
 Peace for the Town of Calcutta, be lubmitted to the Governor General in Council, 
 for his Decifion refpecting thole Perfons to whom Licence may be granted to 
 ■execute the Covenants in the firft Inftance, the Dcfcription of Covenant to which 
 that Licence fhall extend, and the particular Places or Diftrids where they will 
 be permitted to refide : T hat the Regifter be alio directed to lay before the Board 
 the Kames of any PerforiS noticed by the Magiftiates, Juftices of the Peace, or 
 Oliiceis ot Government, as having ncgleded to cnnipiy with the Rcquilitions in 
 ■the Advertifement of the 9th of March laft, with wv.y Information regarding fuch 
 Pcrfons communicated bv the Magiftrates or Juftice?. 
 
 3. That u Covenant ot each of the Dcfcriptions intended to be executed be fent 
 to the Company's Attorney, with Inftruftions to have the Blanks properly filled 
 4ip, by the Advice of the Advocate General, as a Guide to the Regifter in pre- 
 paring the other C^oveuants of Execution. 
 
 4- That
 
 !■ AST INDIA AFFAIRS. 83 
 
 <. -That the Company's Attorney be dircflcd uUo to prepare- nnd fubmit for 
 the Approbation of the AdvocatL: General, the Draft of a Scciiiiiy IVmd applicable 
 to the Covenants of Free Mariners, and of Perlbns permitted lo rcfidc for a 
 limited Period in India. 
 
 5. That wiien the Governor General in Council fhall have determined what 
 Perfons are to be permitted to execute the Covenants, and informed tlie Uc;;ifler 
 thereof, the Rej::;ill;er be direcrcd to proceed without Delay to prepare the feveral 
 Covenants in Duplicate for Si;;u:\ture, and to attend at ftated Ilouri; the Execu- 
 tion of all thofe which can be finned on the Spot, that the Executic^n of them 
 may be attcfted by himfelf, due Notice being previoufly given, by public Adver- 
 tifement, of the 'Hme and Place v/here fuch Attendance will be given. 
 
 6. 'I'hat with refpea: to P;:rfor:s refiding out of Calcutta, the Regiller do prepare 
 the proper Covenants, and tranfmit them to the Magiftrates or Refidents of the 
 Diltiicts where the Parties to fubfcribe them are fettled ; and that the Mayii'lrate« 
 and Refidents be enjoined to call upon the Perfons refpeclivcly concerned to fign 
 the Covenants before them, that they may atteft the Execution thereof. The 
 Covenants, when executed in Duplicate, to be returned to the Regiller, to be 
 tlifpofed of as the Orders of the Honourable Court of Diredtors have prefcribed. 
 
 7. That in all Cafes where die required Security is taken from Perfons refident 
 in India, the Counterpart of the Covenants be prepared and delivered, or tranf- 
 mitted to the Parties concerned, with Forms of the Security Bonds by the Regifter, 
 to whom alfo will belong the Diflribution ot the Counterparts of the Covenants 
 which may hereafter arrive from England, in thofe hiftances where the Securities 
 are refident there, as well as the Tranfmiffion of the Duplicate Covenants wliich . 
 are to be fent to the Honourable Court of Diretlors, accompanied by accurate 
 Lifts of the Parties fubfcribing them, and of the Securities to whom they refer. 
 
 8. That in all Cafes where the Securities propofed for the different Defcripuons 
 of Covenants are Perfons refiding in India, but not on the Spot where the Cove- 
 nant is executed, the Perfon applying for the Covenant fliall, previous to the 
 Execution thereof, produce the Security Bond duly executed ; and, to comply with 
 this Regulation, the Regilter has been directed to fupply blank Bonds where 
 neceflai-y. 
 
 9. The Board, adverting to the Terms of the Covenants, obferve, that they 
 extend only generally to licenfethe Refidence of theSubfcribers to them in India, 
 with Liberty to follow a particular Occupation. The Permifhon therefore to 
 rcfide in different Parts of ihofe Provinces muft ftill be granted by Government, 
 and fhould be diilinct from the Covenants. 
 
 ic. Agreed therefore, That at the Time the Covenants are iffued, feparate 
 Licences be alfo prepared by the Regifter, according to the For.m annexed, to be 
 forwarded with the Covenants of fuch Perfons as are at this Time permitted to 
 refide, either within the Dominions of his Excdlency the Vizier in the Zemin- 
 darry of Benares, or in any Part of the Provinces of Bengal, Behar, and Orifla, 
 diftaut more than Ten Miles from the Prefidency of Fort William, to the Refi- 
 dents and Magiftrates of the refpeftive Diftricts, and to be by them delivered to 
 the Parties concerned on the due Execution of their Covenants. 
 
 1 1. That in Cafes where the Securities propofed for the different Defcriptions of 
 Covenants are Perfons refiding in England, Scotland, or Ireland, the Perfon apply- 
 ing for the Covenant, previous to the Execution thereof, (hall furnifh the Regifter 
 with a Letter and Duplicate to each of his Securiiies, requiring them to execute 
 the prefcribed Bond ; one Copy of each Letter to be attached to the Duplicate 
 Covenant to be forwarded to the Honourable Court of Diredors, to ferve as an 
 Authority for them to call upon the Parties to execute the Security Bond ; the 
 otlier Copy to be attached to the Covenant, to be depofited in the Regiftcr's 
 Office. 
 
 12. That it be the further Duty of the Regifter, to form and keep up an exaft 
 Alphabetical P^egifter of the Perfons who are permitted to execute the Covenants, 
 and to whom Licences of local Refidence in Calcutta or the Provinces are granted, 
 with Columns fpecifying what Defciiption of Covenants they have fubfcribed, the 
 Names of their Securities, their Occupation, Place of Refidence, and the local 
 J[urifdi^ion under which it is fituated, 
 
 13. That
 
 g4 REGULATIONS RELATING TO 
 
 13. That no Perfon poiTefling a local Licence fhall be at Libefty to cliange Iiis 
 fettled Rcfidence from under the Jariidiction of one or more Magiflratcs to that 
 •of another, without applying for and obtaining a trefh Licence for that Purpofe, 
 iliat every fuch Change of Refidence or Extenfion of Licence may be inferred in 
 the Geneial Regider. 
 
 14. That all Applications from Individuals to the Board relative to the Cove- 
 nants to be executed for local Licences, or for feveral, or Change thereof, be for- 
 warded through the Regiller of Covenants ; and that Notice be given by public 
 Advertifement, that no Applications will be received by the Secretary through any 
 other Channel. 
 
 15. The Board, adverting alfo to the general Objeft of Control propofed by 
 the Honourable Court of Direftors, in requiring the Subfcription of Covenants, 
 and wilhing, as far as pollible, to limit the Difcretion of Government in Cafes 
 v'here an Acquiefcence with Applications would with Difliculty be withheld, it is 
 agreed to adopt thefoilovving Rules as the general Principles upon which the De- 
 cifions of Government Ihall be formed. 
 
 16. That no Britifh Subjeds who have arrived in Bengal fince the 31 ft De- 
 cember 1794, or fhall arrive in Bengal in future without the Licence or Permiffion 
 Of the Honourable the Court ofDiredlors, be allowed to execute Covenants, or to 
 receive Licences for remaining in India. 
 
 17. That no Difcharge be granted to any Perfons who have contrafted or (hall 
 contraft to ferve the Company as Soldiers, until the Expiration of the contracted 
 Period, except upon Condition of their returning to Plurope within a prefcribed 
 Time, and upon their giving Security to perform the above Condition. 
 
 18. This Rcfolution does not of courfe include Cafes of NecefTity, from In- 
 difpofition. 
 
 19. That no Perfons who have arrived in India iince the ift of January 1794, 
 or (hall arrive in future, having executed the Indentures of a Free Mariner in Eng- 
 land, be permitted to refidc in any Part of the Provinces at a greater Diftance than 
 Ten Miles from the Prefidcncy. 
 
 20. That no Britiih Subjects not in His Majefty's or the Company's Service, be 
 permitted to rcTide in any Part of the Company's Provinces at a greater Diftance 
 than Ten Miles from Calcutta, without the fpecial Permiftion of this Government. 
 
 2 1. That all Applications for fuch Permillion be made to the Regifter of Cove- 
 nants, and the Application is to fpecify the Object lor which fuch PennifTion is 
 requefted, and the Period of intended Refidence. 
 
 22. That the Regifter fubmit all fuch Applications to the Governor General in 
 Council, with Information whether the Perfon has or has not figned the prefcribed 
 Covenant, and obtained a Licence to remain in India. 
 
 23. That all Europeans under the Protection of the Company not being in the 
 Service of His Majefty or the Company, who have not obtained Permilfion to 
 {•efide in any Part of the Province at a greater Diftance than Ten Milts from Cal- 
 cutta, in the Event of their wilhing to travel to any Place or Station within the 
 Provitices at a greater Diftance from Calcutta than Thirty Miles, be required to 
 apply for a Pafs for that Purpofe to the Rep,ifter of Covenants. 
 
 24. The Regifter is to tranfmit the Application to the Secretary to the Govern- 
 ment, with Information, as prefcribed in the preceding Regulation, and the Secre- 
 tary upon receiving it is authorized to grant the Pafs applied for, provided the 
 Perfons have executed Covenants. This Rule is not meant to include Foreigners 
 in the Service of States having Eadories or Settlements in thefe Piovinces, neither 
 is it to apply to any Perfons travelling from Calcutta by the River Houghly to the 
 Sea. 
 
 25. That all Licences permitting Britiih Subjeds, or Europeans under the Pro- 
 tection of the Company, to refide out of Calruita, be regiftered ; aiul that Notice 
 of every fuch Permillion be fent by the Regifter of Covenants to the Magiftrate of 
 the Diltrict where fuch Perfon has obtained Permillion to relide. 
 
 26. The Magiftrates are authorized to ftop or detain Europeans travelling 
 through tlic Diitricts without a Pafs or Permillion. 
 
 ' «7. That no PermiHion be granted in future to any Biitifli Subjeds not in the 
 Service of llis Majefty or the Company to fettle within the Provinces of the Nabob 
 
 Vizier.
 
 EAST INDIA AFFAIRS. 85 
 
 ""vizier. This is not to prevent Permiflions being granted to Perfons vifiting the 
 Provinces of the Nabob Vizier lor temporary I'urpofes, and a limited 'lime to be 
 fpecilied in each PermifTion, which (hall be declared null and void, when the limited 
 Period has elapfed ; fuch Permiflions to be granted by the Secretary, with the 
 
 •Knowledge and Sanflionof the Governor General. 
 
 2S. That for the prefent no Applications from any Europeans, not in the Service 
 of His Majefty or the Company, to refide in the Province of Benares, for the 
 Purpofeof making new Edablilhmcnts there, be admitted. 
 
 29. That it be ihe fpccial Duty of the Rcgifler to prepare annually the Lift re- 
 quired by the Orders of the Honourable Court in the 5th Paragraph of their 
 General Letter of the i ith December 1793, ^^ ^^ ready for Tranfmiilion by the 
 i(t of January in each Year; and that for this Purpofe he is to form an annual 
 Advcriifemcnt, addrefled to the Inhabitants of Calcutta and its Environs, to be 
 in'ued in the Eirft Week in Odober in each Year, and for the 'Ihree following 
 Wtfcks, requiring them to iranfmitlo the Regifter their Names by the ift of No- 
 vember, the Advertifement to b>i 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 
 
 . Snbjc<il:s holdiivg Commiflions or bearing Arms under Dowlut Rao Scindia, or tlie 
 Rajah of Burar, or their reipeclive Allies, diiririjij the F.jtrftence of the War be- 
 tween the faid Poweis arKl the Ikiiifli GDvcrnment, or in any Manner partakif)^ 
 in the C.ouiKilt. of the faid Powern, or aiding or adhering to them during the faid 
 War, do hereby incur the Guilt of High Treafon. 
 
 And Ills Excellency in C.ounril htrchy further declares, that all Hritifli vSubjecls 
 in the Service of the faid Powers who Ihall not, on or before the ifl Day of No- 
 vember next enfuing, claim the Benefit of a Proclamation iffued by His Excel- 
 Jency in Council on the 29lh Day of Au;;u(l lafb, will be excluded from the Benefit 
 of that Proclamation, and will be deemed by His Excellency in Cluuncil to have 
 remained willully in the Service of the faid Powers, and be iubjtfted accordingly 
 to ftrid Profecution for their refpecHve Offences. 
 
 By Command of His Excellency the mofl Noble the Governor GenetEl 
 in Council, 
 
 (Signed) T. Eumsri-n, 
 Fort William, Chief Sec!' to Gov'. 
 
 i6th Sept. iJ>03. 
 
 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 th<j 
 Letter to which we now reply were received on board that 8hip without our Per- 
 miffion, wc dire£t that you enforce the Penalties for Rich a Breach of Charter- 
 {163.) C fc V^nj
 
 102 REGULATIONS DELATING TO 
 
 party againfl: the Securities of the late Captain Robertfon, who was in the Com- 
 mand of the Cornwallis when (he failed from England ; and we repeat and enforce 
 the Order contain'"d in the 3d Paragraph of our Letter in the Public Department 
 of the 26th Augull 1 801, relative to Paflengers proceeding to India without our 
 Licence. 
 
 Extrad Public Letter to Bengal^ dated 20th June 1804. 
 
 8. When Applications are made to us from Perfons wifhing to return to India, 
 who, although not in the Company's Service, have refided there under Licence, 
 it becomes highly neceffary that we ihould have the Means of knowing how tar 
 the Parties have conduced themfelves with Propriety. 
 
 9. We therefore direct that you give public Notice, that no Perfons of that 
 Defcription quitting India will in future be permitted to return thither, unlefs they 
 fhail produce a Certificate from the Government there, under whofe Protedion 
 they have refided, that their Condud has been fuch as to give them a Claim 10 the 
 Indulgence of having their Licence renewed. 
 
 Extrad Public Letter from Bengal, dated lath September 1806. 
 Para. 141. The Seled Veftry having ftated, that the Fund eftabliflied for the 
 Relief of diftrelled Europeans and others is not adequate to the Support of thofe 
 who have been deemed proper Objeds of the Charity, and that the flender 
 Monthly Allowances which have been granted to them cannot be continued to the 
 End of the prefent Year without the Aid of Government, we have confidered it 
 proper to authorize fuch Sums to be advanced as may be required towards fup- 
 porting the Objeds of that Charity, not exceeding 800 Sicca Rupees per Month, 
 until the Period of the next Colledion, or the latter End of the prefent Year. 
 
 Extrad Public Letter to Bengal, dated 6th April 1808. 
 Letter from, 1 2th September 1806. T 120. In our Letter in this Department, 
 
 (141.) Stating that a Sum not exceeding /y^jgj. j)^jg jj^g ^d March I 8o2, we ex^ 
 Rs. 800 per Month has been alloweu to the 1 „- , . , . r i -f 
 
 Tnnd for the K^li.f of diftrcfTed Europeans. J P'^Aed our Approbation of the Encourage- 
 ment you had afforded to the Fund e(ta- 
 bliflied at Calcutta in the Year 1800, for the Relief of diHrelTed Europeans. We 
 have to obferve upon this Inftitution, however, that great C;u-e ought to be taken 
 that it does not become an Encouragement to Idlentfs or Dillipation ; and that it 
 fuggefts additional Caution againfl the Admiffion of unlicenfed Europeans into 
 our Settlements. We are not competent exadly to decide what ought to be the 
 Mealure of your Contribution to this Charity ; but willing as we are to afford Aid 
 to it, we cannot avoid obferving, that the Difburfemeuts of the Sum of 800 Rupees 
 per Month for thisPurpofe appears a very large Sum. 
 
 Jixtrad Public I>etter 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. <i s^.^y to Gov' Jud' Dcp'."
 
 EAST INDtA A.FFAmSc id; 
 
 No. 2. 
 
 CORRESPONDENCE and PROCEEDINGS relative to 
 the Rcfidcnce of Europeans within the Prcfidencies of 
 Fort St. George and Bombay. 
 
 Extrad Public Letter from Fort St. George, dated 14th February 1795- 
 
 Letter to, aSth May. T Para. 40. We publiflied the Diredions contained in 
 (a a 5.) Relate to the J- jj^^j-g Paragraphs, as well as in your Letter of the nth 
 
 new VdO vcn«int si c* ». ' j 
 
 December lad, and called upon all Perfons refident at this 
 Settlement to comply with the Orders therein contained. 
 
 41. In confequence of this Advertifcment we received a Reprcfentation from 
 the Merchants of Madras, fetting forth their Unwillingnefs to pay due Obedience 
 to thefe Orders, as far as depended on themfelves, but at the lame Time fubmit- 
 ting for our Confideration the Impropriety of taking upon themfelves to give in 
 the Names of Perfons refiding in England as their Securities without prc-vioufly 
 obtaining their Confent for that Purpofe. The Merchants therefore rtquelicd 
 that Securities in this Country might be accepted. 
 
 42. Feeling that this Requefl; was in a great Degree reafonable, and feeing (as 
 the Merchants themfelves remark) that the Names of Perfons fo given in would 
 fn fatk oifer no real Security to the Company, fince Death, Removal, or Difmcli- 
 nation would be a Bar to the Execution of the Bonds required, we confented that 
 they Ihould give Security in this Country for the Performance of their Covenants. 
 
 43. We deemed it right, however, that thofe who have Friends in England 
 ihould make Requeft of them to (land Security conformably to the Orders of 
 your Honourable Court ; and upon Notification being received here of their Com. 
 pliance, the Securities in this Country will be releafed from their Obligations. 
 
 44. The Covenants which have been executed, in compliance with your 
 Orders, are forwarded in the Book Packet, as per feparate Lilt. 
 
 Extraft Public Letter from Fort St. George, dated 24th April 1795. 
 
 Para. 11. In our Letter of the 14th February laft, we communicated to your 
 Honourable Court the Steps we had taken for carrying into Execution your 
 Orders regarding the Covenants to be entered into by Perfons refiding in India. 
 
 12. We have fince received a Reprefentation from MeflVs. Antonio de Souza, 
 Adrian Defries, John Defries Junior, and Thomas Defries, in which they requeft 
 to be excufed from executing thofe Covenants, becaufe, being born in iliis Country, 
 they think thofe Engagements have no Reference to them. 
 
 13. At their particular Requeft, we have referred the Matter to your Decifion ; 
 but at the fame Time beg Leave to obferve, that as they are eftabliUied hx Houfcs 
 of Agency in Madras, and have very extcnfive mercantile Concerns in all Parts 
 of the World, we conceive that your Orders upon this Subject are not.lefe 
 applicable to them than to any other Defcription of Perfons refiding under your 
 Authority. 
 
 Extrad Public Letter from Fort St. George, dated 20th February 179S. 
 
 Para. 73. At our Confultation of the 1 it December the Prefident informed us, Con' i Dec. 
 tliat having ferioufly reflefted on the acknowledged Inconvenience fuffered by the 
 Community of this Settlement, for warn of a regulated Police, he had feleiited a 
 Committee, with a View to make the Inquiries iKceirai7 to a perra.iacat Syltetn ; 
 
 and
 
 ,o8 REGULATIONS RELATING TO 
 
 and that having inquired into the Meafures formerly adopted, though unfuccefs- 
 fully, for this defirable Purpofe, he had addreifed a Letter to the Committee, fub- 
 mitting to them his Sentiments upon the Subjeft of making another Attempt, 
 fuggeiting various Objecls as the Outline, and fupplying them wich fundry Docu- 
 ments, as affording the Materials of. the Plan. 
 
 74. Thcfe Gentlemen foon after fubmitted the Refult of then- Deliberation, the 
 Agreements which they entered into with the principal Inhabitanfs to fupply the 
 Market at reduced Rates, and a Paper of Refolutions, paffed at a General Meet- 
 ing of tlie Inhabitants, where the propofed Arrangement was unanimoufly ap- 
 proved, and the Right Honourable Propofer publicly thanked for the Confideration 
 which he had manifefted for the Convenience ot the Society. 
 
 75. We confirmed the Arrangements and applauded the Exertions of the 
 Gentlemen who had been nominated to digeft this Plan ; proceeded to appoint a 
 permanent Committee, to confift of Three Juflices of Peace, MeilVs. Charnier, 
 Balfour, and Jafwell, the Superintendant of the Cutcherry, Mr. Kinderfley, and 
 the Town Major for the Time being. 
 
 '](). We direfied the Committee tofuggeft to us what Eftablifliment they might 
 confider neceffary, and the Means of defraying the Expence. 
 
 77. They fubmitted, accordingly, a Lift of the requifite Servants for conducing 
 the Police Department, and propofed that the Expence fliould be defrayed by 
 public Contribution. 
 
 78. Having afterwards fnmmoned a Meeting of the Inhabitants for the Purpofe 
 of confulting them on the Means of providing for this Expence, the Committee 
 informed, that a voluntary Contribution was agreed upon by way of Experiment, 
 
 Con' 29 Dec to continue for Six Months, and to be paid by Perfons refident at Madras, pro- 
 portionate to their public Station in the Settlement; they added, that they intended, 
 in the Courfe of thtfe Six Months, to confider of fome other Mode ot providing 
 for the Expence of the Police, lefs liable to Exception. 
 
 79. We entirely approved their Meafures as above ftated, filled up the Eftablifh- 
 ment which they had previoufly recommended, and for which we beg to refer you 
 
 Ditto. to our Proceedings, amounting to an Expence of 360 Pagodas per Menfem. The 
 Office of Town Poligar, a Pod of great public Utility, we revived on this Occa- 
 
 Con'jthJan. fjQj,^ appointing Codemgore Angarapah Naigh. Son of the late Poligar, to the 
 Station. For the Fees and Funftions of this ufcful Officer, we beg Leave to refer 
 you to his Cowle, recorded in our Proceedings, in the Margin. 
 
 Con' iz Dec. 80. During the Procefs of adjufting thefe Arrangements, we received a Letter 
 from the Mayor's Court, flating, that it had come to their Knowledge, that we 
 had it in Contemplation to take the Office of Clerk of the Market under our own 
 Patronage, and to appoint a Perfon not of their Court to the Situation ; that as 
 this would be contrary to a Cuftom of their Court of fuch long Standing that it 
 might be confidered a prefcriptive Right, they hoped it might not happen. 
 
 Con' 5 Jan, 81. Having referred their Letter for the Sentiments of the; Attorney General 
 
 upon the Subjeft, we received Mr. Sulivan's decided Opinion, that the Right of 
 appointing this Officer refls exclufively with the Company's Government ; and 
 we have confequently figuified to the Mayor's Court, that the Clerk of the Market, 
 ^Dia^ry as well as all other Officers for the Police Department, were to be appointed, and 
 fliould acl folely by the Authority of Governm!,nt. 
 
 6:ii Jan. 
 
 EXTRACT FORT ST. GEORGE PUBLIC CONSULTATIONS, 
 
 24th May 1799. 
 
 The Right Honourable the Governor General, deeming it of the greatefl political 
 Importance, that the Entrance of Foreigners into the Company's Dominions with- 
 out ['ermiffion fn^n Gcverment fliould be effectually prevented, has prepared 
 a Code of Regnlations for that Purpofe, as far as relpccts their Arrival by Sea ; 
 Copy of which his Lordfliip fubtnits to the Board, and propofes that they ihould 
 take Effect from ift July next.
 
 EAST INDIA AFFAIRS. 109 
 
 His Lordfliip alfo lays before the Board, Drafts of the Letters which it will be 
 neceflary in onifequcnce to iffue to the Maiter Attendant (to whom the Execution 
 of the Regulations at the diHerent Sea Ports will appertain), to the Board of Re- 
 venue, and Commander in Chief, with a View to reilrain lucli Foreigners or others 
 from moving through the Country by Land without proper Padports, and of a 
 Procianiation necetl'ary to be pronmlgated for general Notification of the Re- 
 gulations. 
 
 " Regulations for preventing Foreigners of every Defcription from landing 
 at this Prefidency and its Dependencies without Permiflion from the Government : 
 
 " I. That no Pcrfon whatever fliall be permitted todifembark from any Foreign 
 VefTel until fucii VefTel fliali have been inlpeded by the proper Otiicer, and regular 
 Permiflion in confequence obtained. 
 
 " 2. That for this Purpofc oflicial Notice (according to the annexed Form), 
 under the Signature of the Secretary to Government, be difpatched to all Foreign 
 VefTels on their Approach to thcfe Roads, informing the Coinmanders of the fore- 
 going Relolution, and requiring him to prepare Lifts of his PafTengers and Ship's 
 Company for Delivery to the inlpeding Oflicer, which Lids fhall, if required, be 
 authenticated by the Affidavits of the Commander and Senior Officer of each VefTel 
 refpeclively. 
 
 " To the Commander of the Ship in the Offing. 
 " Sir, 
 
 " You are hereby informed of the Refolution of the Governor in Council, that 
 no Perfon will be permitted to land from your Vclfel until fhe fliall have been 
 duly inlpeded by an Ollicer appointed for that Purpole ; you are therefore to 
 prepare a Mufter Roll of your Ship's Company, and of the PafTengers on board, 
 which Mufter Roll, under the Signature of yourfelf and of your Chief Oflicer, will 
 be delivered to the Infpeding Oflicer, and fliall, if required, be atiefted on Oath 
 before a iVlagiftrate. 
 
 " The Inlpeding OlScer is authorized to examine your Crew and PafTengers 
 according to the Roil, which is to contain the Names of each Perfon on board, 
 the 'lijne of their Entry, the Time and Place of their embarking, their Country, 
 and the Station and Character of each Perfon on board. To this Roll you are to 
 .idd the Names of all Places at which your VefTel may have touched during the 
 Voyage. 
 
 " Until you have complied with this Order you will not be permitted to have 
 Comtnunication with the Shore, and upon your landing you are to pay ftrict 
 Obedience to the printed Regulations, which you will find at the Office of the 
 Matter Ait(..ndant ; in failure of which, your Ship will not be admitted to an Entry 
 at any Britifh Port in India. 
 
 " 3. That no Communication fhall be allowed to take place, except by Means 
 of a Catamaran, between any Foreign VefTel and the Shore, until the iiifpeding 
 Officer fliall have viiited the VefTel, and fhall have made his Report to the Mailer 
 Attendant. 
 
 " 4. That upon the Approach of a Foreign VeTel the Infpefting Oflicer fhall 
 proceed on board her, and fhall examine and mufter the PalTengers and Crew, ac- 
 cording to the Liiti which will have been prepared under the Signature of the 
 Commander and that of his Senior Officer. 
 
 ** 5. That if the Infpecting Oflicer fhal! ohferve any Perfon or Perfbns of a fufpi- 
 cious Charader on board, he fhall ftation a Guard Boat alongfide of the importing 
 VefTel, with pofitive Orders to prevent the Difcmbaikation of any Perfon what- 
 ever, until he ihall have made his Report to the Maiter Attendant. 
 
 " 6. That the Mafler Attendant, upon receiving the Report of the Infpefting 
 Officer, fliall, if the Report be I'atisfattory to him, permit the necelTdry Coiiimu- 
 nications with the importing VefTel ; but if he fliall have Caufe to fulpect that 
 improper Perfons may be on board, and in all Cafes without Exception, in which 
 the Infpeding Officer fliall have flaiioned a Guard Boat, the Mailer Attendant 
 /hall make a l^eport to the Secretary to Government, 
 
 " 7. That for the effectual Execution of thefe Regulations, the Mafter Attendant 
 
 fhall take fuch Meafures as may be necelTary in his Depaitinent to prevent the 
 
 (163.) Ee Departure
 
 ,10 REGULATIONS RELATING TO 
 
 Departure of Moflula Boats from the Shore, for the Purpofe of Communication 
 •with Foreign Ships, until they fliall have been vihted by the InfpeQing Officer. 
 
 " 8. That for the Purpofe of rcftrairing the Dubaflies who frequent the Sea- 
 beach, the Mafter Aitendam lliall have Power to inflid immediate corporal Punifli- 
 ment ; and in Cafes of flagrant Violation of theie Regulations, he Ihail make a 
 Report to the Secretary to the Government. 
 
 " 9. 'i'hat after the foregoing Forms fliall have been obferved, no Perfon what- 
 ever fliall be fufiered to land from a Foreign Veflel without Permilfion from the 
 Mafter Attendant, to whom, the Commanders of all Veliels (hall be anfwcrable 
 for the Conduft of fuch of their Crews and Paflengers as may be permitted to 
 land during their Refidence on Shore, and for their Re-embarkation, whenever 
 it flialt be judged iieceflaiy. 
 
 " 10. That for this Purpofe the Rlafler Attendant fhall keep a Book of Entry, 
 and fliall make occafional Inquiry as he may judge proper, for fuch Perl'ons as 
 may have been permitted to land. 
 
 " I J . That if in confequence of thefe Inquiries, or from any other Caufe, he 
 Ihall have Reafon to fufpect Perfons fo landed of improper Intentions, the Mailer 
 Attendant fliali make immediate Application to the Sitting Magiftrate or to the 
 Town Major for the Apprehenfion of them. 
 
 " 12. That no Ships whatever (His Majefty's Ships of War excepted) fliall fend 
 Boats on board any Foreign importing Veifel, until flie fliall have been regularly 
 jnfpeded ; and the Mafler Attendant is in the firit Inftance to employ his Guard 
 "Borts if necelfary to prevent fuch Communications, and to make a particular Re- 
 port to the Secretary to Government of the ConduQ: of any Perfon who may 
 infringe this Regulation. 
 
 "^ 13. That no Commander of a Foreign YefTel iliall receive or permit to be re- 
 ceived on board his Ship any Perfon from the Shore, not being one of his own Crew, 
 er Paflengers, without a written Permit from the Office of the Mafl:er Attendant. 
 
 " 14. That when any Foreign Veflel fliall be about to depart from the Roads, the 
 Infpeding Oflicer fliall, previous to the Embarkation of the Commander, repair 
 on board the faid Ship, and fliall niufter and examine the Crew and PalTengers 
 according to the Lifts furniflied upon the firft Importation of the VeflTel, to iuch 
 Cafualties as' may have been reported, or to fuch Changes as may have beea 
 authorized during the Continuance of the Veflel in thefe Roads. 
 
 " 15. That in Cafes which fliaii appear to require it, the Infpefling Officer fhall 
 fearch any Foreign Slvips under fui'picious Circumftances, and upon all Occafions 
 after his InfpeiStion flv&it have been completed, fliall ftation a Guard Boat along- 
 fide every Foreign VelTel to prevent Communication with the Shore until the 
 piay fail. 
 
 " 16. As foon as the Mafter Attendant fliall have been fatisfied by the Report of 
 the iHrpvCliug Officer, that thefe Regulations have been complied with, he fliall 
 fivrniih ihc Conmiander with a Port Clearance, contair.ing a Certificate for that 
 Pui-pof?, and fh^ll take fuch Precautions in the Detail of his Department as may 
 be necelfary tor preventing improper Communications with Foreign Vcflfels after 
 the- Commanders fliall have been permitred to embark. 
 
 . " 17. 'I'hat on all Occafions oa which the Commanders of Foreign VeflTels fliall 
 not have complied with thefe Regulations, the Mafter Attendant fliall pofitively 
 widi-hold his Port Clearance, and /liall make an immediate Report, in order that 
 Inionuation may be traufmitted to the Place to which the Vefl^cl in queftion may 
 be bound. 
 
 '■' 1 8. That for the Purpcfc of eftedually enforcing the Tenor and Intention of 
 thefe Regulations,- no Fireign Veflel whatever fliall be admitted to an Entry 
 unlefs th^ Commander of her fliall, upon his hrft Arrival at any Port witiiin the 
 Company's Dominions in India, have complied with ilie Forms hereby eftabliflied, 
 and unleis. upon his Departure from the Place of bis hril Importation he fliall hav£. 
 pbtained the Port Clearance and Certificate hereby prefcribed." 
 
 To Mr. Geo. Tafwell, Maflier Attendant. 
 Sir, 
 The Right Honourable the Governor General in Council deeming it of the 
 grcateft Importance that the Entrance of Foreigners into the Company's Donnnions 
 
 Ihould
 
 EAST INDIA AFFAIRS. i . i 
 
 fliould be efle£lually prevented, has p^flcd certain Regulations for that Purpofe, 
 as far as rerpe(^s their Arrival by Sea. 
 
 The Execution of thefe Regulations his Lnrflfliip entrufls to youi and'I inclofe 
 accordingly, a ("opy of them for your Information, and. am direfted. to dwfirc 
 that you will pay themoR uiinutc and punctual Autntion to lli^- Difcharg^e. of thi? 
 Duty, to which the Governor General in Council attaches a great Degree of 
 Political Importance. 
 
 His Lordfliip having fixed the ift of June for the Commencement of thafc Re- 
 gulations, dt fires that you will lofe no Tjmc in making fuch pr p^ratpr'y Ari^ange- 
 mcnts as may enable you to comply v.iih hi:; Orders, and dirc^^l^ '[.liiif.y.ou w.ill, 
 iubmit to his Confi.icration fuch an Kdabliflimeni of Guard Bo.atSj "with, ih.eijr, 
 Crews and Guards, as may be ncc'-lfary fi..r carrying the Regulatio;'i)5."iji|:o ElTecl at' 
 the dillerent Pons under the Authority of this Government. 
 
 His Lordlhip deems it expedient, that the Crews and Guards fbotild be formed, 
 into a fixed a;id It parate Edablinimenr, under your iinu)ediate Command. 
 
 In addition to the pofitive Regulations laid down for your Obfervance, I am 
 diret'\e4 to defite that you will be guided by the general Spirit and Intenticn of 
 this feature, and that you will from fime to Time fugged fuch Addition^ ^s may . 
 in your Judgment tend to -Ave it Force and Etied:. 
 
 The Mailer Atft'udanis -fit th<; fubordinate Ports are to correfpond with you 
 immediatily upon ihis Subjift ; and as the Succels of tl;e Arrai^gement depends 
 upon the Degree oi Zeal and Ki;e'rgy with which ii fhall be executed, his Eo:d!hip, 
 at the fame Time t|iat he dirpfts me to exjireii? Reliance on >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 
 <he Superintendant of Police has received no oflicial huiniatiou. 
 
 8. Oner
 
 «a REGULATIONS RELATING TO 
 
 :8. One of my Predeceflbrs in Office, Mr. Garrow, adverting to the above 
 Orcumftances, addrefled a Letter to Government under Date the 9th January 
 1S08, recommending the RepubliHirnent of the above Adveitifement, as alio that 
 of the 2 2d Augufl 1807, which at his Suggeftion accoi'dingly took place ; but 
 though the Orders of Government have been re-entered, and fufficiently expHcit 
 on this Subject^ it would appear Neghgence in fome Iiiftances, and Contumacy 
 in others, have contributed very materially to weaken their EfFeft. 
 
 9. I'he Orders of Government exafting from Foreigners a fcrupulous Ob- 
 fervance to fuch Regulations as are occafionally iffiied in regard to them, have 
 hitheno only been notified through the Channel of the Government Gazette, and 
 alihough yet much is, I prefume, to be attributed to the partial manner of promul- 
 gating official Notifications, a more extenfive would, I conceive, be attended with 
 beneficial Effects^ and render a Plea ol Ignorance, too generally adduced to palliate 
 neglect, lefs excufable. 
 
 ID. The Government Adverrifement of the 22d Auguft 1807, "which adopts 
 certain Modifications in tke Paflport Department, and requires all Foreigners to 
 deliver tlteir Paflporis at the Police Office in Perfon, as alfo all Foreigners refidnig 
 at the Out Stations, to report themfelv^s without Delay through the Channel of 
 the neareft Magilfrate, CoUeclor or other local Authority, has not been carried 
 into Effett with Striftnefs, or given that Publicity which I conceive requifite to 
 this Department being furniflied with an accurate Regiftry of I'oreigners refiding 
 at Out Stations. Ptrfonal Obfervations enable me to (tate that a very confiderabie 
 Number refide within the Limits of the Jurifdi<Stion of the Zillah of TmuevcUy, 
 of whom only a very partial Defcription has been tranfmitted to this Office. 
 
 11. A numerous Body of Foreigners, the Majority I believe Dutch, have ob- 
 tained the Permiffion of Government to refide at Sadras, Pulicat, and other Places 
 ■contiguous to the Prefidency ; thefe Men, for the molt part, carry on a Species 
 of petty Traffick, which renders their Appearance in Madras frequently neceflary 
 to expedite their private Concerns. Inftances occur of their being apprehended 
 in the Prefidency without PaHporrr., and when interrogated as to their not being 
 furniflied with one, they plead Ignorance of any Regulation which enjoins them 
 to tal;e out a Document of that Nature to enable them to vifit Madras. The 
 Names of a great Number of Perfons (Foreigners) living at Pulicat, do not appear 
 •on the Regiftry. 
 
 12. In addition to a Plea of Ignorance when apprehended by the Police Officers, 
 they likewife urge that the Diftance between their Place of Refidence and that of 
 the Magiftrate of the Zillah of Chingleput, renders the procuring of thofe Docu- 
 ments not only extremely difficult and precarious, but on account of Delay very- 
 detrimental to their private Interefts ; and when it is confidered that the fcanty 
 IVleans of many Foreigners refiding at Pulicat is fuch as demands the moft fcru- 
 pidous Regard to Economy, it may be expeded they will run the Riil: of being 
 detected proceeding without a Paflport rather than incur the Expencc of fending 
 a Servant to Chinuleput to procure one. The Confl;ruttioii of the Ntw Canal 
 has likewife very materially facilitated the Journey to the Prefidency, every one 
 being anxious to avail himfelf ot fo cheap and txpedirious a Mode of Tranf- 
 portation. 
 
 13. After all the Rtfleftion I have been able to give on the Subjecft, I am of 
 Opinion that the preleut Inefficiency of the Paflport P».egulationp does not refult 
 in any radical Defcd in their Provifions, but may in a great Meafure be attributed 
 to the Wart of a more extenfive and general Promulgation ; I therefore beg leave 
 refpectfiilly to luggeft that the Advertifements of the 2d April and 2 2d Auguft 
 1807 be again rc-pubiifhed, and alfo-that a certain Number of Copies be printed 
 at the Government Gazette Office and furniflied to this Department ; fome of 
 which I.piopofe affixing in the moil confpicuous Places of public Rcfort, and 
 others might be fent to the difl'crent Zillah Stations, with Injunctions of the Ma- 
 pftrates to give them every Degree of Publicity, and adopt luch other Meafures 
 as may appear calculated to attain the Obje£t propolcd ; and as a further Precau- 
 ti.'jn a^';ainlt the Plea of Ignorance of the exifting Orders of Government, regard- 
 ing Foreigners, a few Copies of the AdvertiJements of Government would be 
 advantageoufly dilpofed of to fome of the moll refpedablc French and Foreign 
 
 Inhabitants
 
 EAST INDIA AFFAIRS. rai 
 
 Inhabitants of Madras, with a Requcfl: to fliew thofe Regulations to Foreigners 
 occafionally, making temporary Vifits at their Houfes. 
 
 14. Foreigners refiding within the Liinits of Madras and its Vicinity are con- 
 ftantly changing their Habitations ; and as many do not give Intimation of fuch 
 Change of iitfuicnce to the Police, it neceflTarily happens that ihe prefciit Rcgiftry 
 of that Dcfcription of Pcrfons is in many Inlfances incorrcdt and iiicoinplcic. 
 To enable we, therefore, to revife and correct that Rcgiflry, I beg L'-ave to 
 recommend that the inclofed Advenifement be publifhed in the Government 
 Gazette, for general Information, and that Foreigners, and all other Dcfcription 
 of Perfons to whom it may refer, be enjoined the flrict Obfervance of the Orders 
 therein contained. 
 
 15. I likewife propofe to addrefs Letters to feveral Aiitliorities fubordinate to 
 the Prefuiency, rcqiicding them with all poflible Dilpatcli to forward to this 
 Office a Return of Foteigners and Britifii Siibjefts, not in the Employ of His 
 Majedy or the Honourable Company, who may refide within the Limits of their 
 refpeftive Jurifdittion. 
 
 16. The inclofed Form of their Returns, which I beg Leave to fubmit for the 
 Approbation of the Honourable the Governor in Council, wiil, I truft, when 
 enforced, be found luiHcient to the Attainment of its Object, and I hope embraces 
 every Point of Information which may be deemed Cilential. 
 
 1 have the Honour to be, &c. 
 Madras Police Office, (Signed) J. H. Symons, 
 
 31ft July 1809. Superintendant of Police. 
 
 The following Draft of a Reply is read and approved : 
 
 To the Superintendant of Police. 
 Sir, 
 Para. i. I am direded to acknowledge the Receipt of your Letter of the 3 id 
 uk. and to acquaint you, that the Honourable the Governor in Council approves 
 the feveral Meafures propofed by your PredecelTor, and recommended by your- 
 felf, for obtaining a Knowledge of all Europeans (Engiifh as well as Foreigners) 
 who may refide within thofe Territories, and for rendering eflicient the exiting 
 Pali'port Regulations. 
 
 2. The Draft of an Advertifement which accompanied your Letter is herewith 
 returned; and you are authorized to publilh it in the Government Gazette, and 
 to adopt the other Meafures which you conlidcr neceifary for its general Pro- 
 mulgation. 
 
 I am, &c. 
 Fort St. Georjre, (Signed) A. Falconer, 
 
 4th Auguft 1809. Chief Secretary to Government. 
 
 Extraft Public Letter to Fort St. George, dated 6th March 1810. 
 
 Letter from 2 ill OAober, 1807, -j «j. We have perufed the Advertifcments ifiued 
 (21,? a 216), adverting to certain I . ^,^ jj^^ ^d April and 22d Auguft 1807, and 
 
 Modifications in tne cllablidied f •' ; , r> 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 t<t 
 each a Counterpart, under* thu Company's Seal, oh their executing in Duplieat'? 
 as before mentioned. 
 
 Extraft Public Letter from Bombay, dated zfth SeptenibiJr 1794. 
 
 I.t'.tcr to, dated i : tli December i793- 
 7. ^JotlClnj^; that the Sitvtaiioii c;t' tliu Coin- 
 paiiy's Sirvaius in India, and utlier l-'erlous re- 
 fidiiijj under ihcir Licence, being very much ulcered . 
 
 by the late Aft of Parliament, il becomes neccf- } duly obeyed, ZH foon as tile Covenant* 
 fary to vary the Covenant* entered into with 
 
 Para. 6. Thcfe Commands w'ill be 
 ly obeyed, 
 are; received. 
 
 them, and propofc fending out a fiifficient Num- 
 fcer for that Puipufe, and dired that tiie Parties 
 be calt<d uport to execute the fame. 
 
 8. The Court's Deteimination not to permit" 
 »ny Perfon to refidf in India without their Licence, I _^ Will be dulv attended tO. 
 and direiilfiig, fliouhl any I'erfon appear hertf with- I '" ' J 
 
 out the fame, to be fent home. 
 
 '■] 
 
 9. All Perfons to execute Covenants in Dupli- J g^ ^^r;;, ^^ j^| ^^^^^^^^ ^^^ 
 rale ; one to be kept ni India, and one lent Home. 3 ■' 
 
 Jd. The Covenant's fent Iioinc to he witnelTcd J Tir-ii u j 1 »^ j 1 .. 
 
 hy a P.rfon vvhofe Hand-writing is we 1 knov^n. f 9- Will be duly attended tO. 
 
 EXTRACT BOMBAY PUBLIC CONSULTATIONS, 
 
 25th June 1799. 
 
 Copies of the above Letter, and of its Enclofures, were referred un.1er the Vide Fort St. 
 23d inft. to the Superintendant of Marine, Cuftom Mafter, and Superintendain< George. 
 of Police, as a Committee conflituted to meet and concert fuch Regulations, in 
 Addition to or Amendment of thofe now in force, as may effetlually anfwer 
 the Objeft of the Supreme Government in regard to the Arrival or Refidence of 
 Foreigners in India. 
 
 The Committee were at the fame Time direfted to reduce all the Rules they 
 might deem necelVary to en a ft for this Purpofe to one fyftematic Cfxie, in the 
 Manner of the Bengal printed Regulations. 
 
 EXTRACT BOMBAY PUBLIC CONSULTATFONS, 
 
 5th July 1799^. 
 
 READ the- fftllownng Letter from the Committee appointed to draw Up Re- 
 ^nlations regarding Foreigners : 
 
 Honourable Sir, 
 
 IN Obedience to your Orders of the 23d ult. we have met and confidered the 
 feveral Papers then communicated to us, for the Purpofe of drawing up a Code of 
 Regulations impofrng more eiicftual Reftraint than at prefent e:viil:s on the Landing 
 of "European Foreigners on this Illand ; and attending to the Inftruftions from 
 the Governor General, as carried int6 Exerutioit at RIadras, we have now the 
 Honour to lay before you the Refult of cmr Opinion, which we hope will be 
 found to anfwer the Inteiitiort of our Meeting. 
 
 Your honourable Board will, no Doubt, under thcie propofed Regulations, 
 obfervo the Neceility of fome attive and tritit-worthy Perfon, with a proper Efta- 
 
 blifbment
 
 ,24 T^EGULATIONS RELATING TO 
 
 blifliinent of Boats, beiiig appointed to difcharge the Office of Infpeftor of the 
 Port, to which a coiifiderable Degree of Labour and Refponfibility will be at- 
 tached ; and likewife that one or the Honourable Company's Cruizers, of a 
 vefpedable Appearance, be conftantly flationed in the Mouth of Harbour, for the 
 Purpoles mentioned in the propofed Regulations. 
 
 It will alfo perhaps be proper to communicate thefe Regulations, or the Sub- 
 fiance of them, to the Ci)!efs of Mahim and Salfette, that they may be by them 
 carried into Execution as far as local Circumflances will admic, 
 
 Afufficicnt Number of Copies fiiould be printed for Diftribution at prefent, as 
 ■well as to be fent on bo;;rd of Foreign Ships as they may arrive. 
 
 We further lake the Liberiy of pointing out that fome Objeftions may arife on 
 the Part oi the Men of War ot Foreign States, particularly of Portugal, who may 
 object to their being fubjected to luch Regulations as thole now propofed, on 
 which your Honourable Board will determine as to what Ships are to be exempted 
 from the Examinaticn we have therein recommended. 
 
 We have the Honour to be, &c. 
 
 (Signed) Ph. Dundas. 
 Bombay, 30 July 1799. Ph. S. Marster. 
 
 Sn. Halliday. 
 
 Propofed Regulations for preventine Foreigners of every Defcription from 
 landing at this Prefidency and its Dependencies, without PermifTion from 
 the Government. 
 
 I ft, That no Perfon whatever fiiall be permitted to difcmbark from any Foreign 
 Veifel, until fuch Veffel ftall have been infpefted by the proper Officer, and 
 regular Permillion in confequence obtained. 
 
 2d, That for this Purpofe official Notice (according to the annexed Form), 
 under the Signature of the Secretary to the Government, be difpatched to all 
 Foreign Velfels on their Approach to this Harbour, informing their Commanders 
 of the foregoing Refolution, and requiring them to prepare Lifts of their Paf- 
 fengers and Ship's Company for Delivery to the Infpecting Officer, which Lifts 
 Ihall, if required, be authenticated by the Affidavit of the Commander and Senior 
 Officer of each Veffel refpedively. 
 
 " Sir, " ^''°^"- . _ 
 
 " You are hereby informed of the Refolution of the Governor in Council, -that 
 no Perfon will be permitted to land from your Vtffel until flie ihall have been duly 
 mfpeded by an Officer appointed for this Purpofe. You are therefore to prepare a 
 Mufter Roll of your Ship's Company, and of the Paffengers on board ; which Roll, 
 under the Signature of yourfclf and of your Chief Officer, Ihall be delivered 
 to the Infpeding Officer, and fliall, if required, be attefted on Oath before a 
 Magiftrate. 
 
 " The lufpefting Officer is authorized to examine your Crew and Paffengers ac- 
 cording to the Roll, which is to contain the Names of each Perfon on board, the 
 Time of their Entry, the Time and Place of their embarking, their Country, and the 
 Station or Charader of each ; to this Roll you are to add tlie Names of all Place? 
 at which your Veffel may have touched during the Voyage. Until you ffiall have 
 ■complied with this Order, you will not be permitted ro have Communication with 
 the Shore ; and upon landing, you are to pay Arid Obedience to the Printed Re- 
 gulation, which you will find at the Office of the Superintendant of Marine ; in 
 Failure of which, your Ship will not "be admitted to any Entry at any Britifli Port 
 in India." 
 
 ?<1. Towards effeding this Purpofe, it will be neceffary that a fufficient Number 
 of the primed Forms be prepared, and that a Veftel be conftantly ftationed hi the 
 Mouth of the Harbour to ennimunicate them to every Ship under Foreign Colours, 
 which may be entering thereinto, and to enj .in her to anchor until the Inlpeding 
 Officer fliall come on board and make the pcctffary Inquiries. 
 
 4th. A fuf-
 
 EAST INDIA AFFAIRS. 125 
 
 4th. A fufTiclent Number of Guard Boats to be conftantly attendrng on this 
 Veflel, to enable her Commander to fend at Icafl one to remain alon^fide of each 
 Foreign Ship until removed by the proper Authority, and wiiilc there to prevent 
 anv Boat whatever from cither going on board of her from the Sliore, or going 
 to the Shore from the Ship. 
 
 5th. "I'hat on the flrange Ships anchoring as above, the lnfpc£llng Officer fhall 
 proceed on board, and fliall examine and nuifler the ("rew and Pallcngers accord- 
 ing to the Lids which (hail have been prepared under the Signature of the Cum- 
 mander and that of his Senior OlTicer. 
 
 6th. That if on this Multer and fuch further I'^.xamination as the Infpeding Of- 
 ficer fliall deem necelTary, he fliall not oblerve any fufpicious Pcrfons to be on 
 board, he is to authorize the Pilot to bring the Ship to her Moorings, and to re- 
 turn to the Shore with his Ivcport to the ISup'jrintendant of Marine, enjoining the 
 Guard Board alongfide to exert its utmod: Vigilance in preventing any Perfon 
 quitting the Ship, or going on board ot her. 
 
 7th. That if the Supcrintendant fliall be fatisficd with the Report of the Infped- 
 ■ing Oflicer, he fliall authorize the Removal of the Guard Boat, and the neceflary 
 .Communication with the Ship ; if not the Guard Boat is to remain, and a Report 
 to be made by him to the Honourable the Governor. 
 
 8lh. That after the Guard Boat fliall be removed from alongfide any Foreign 
 Ship importing here by the Authority of the Supcrintendant of Marine, a Notice 
 ui Writing fliall be fent the Cuflom Mafl;er, who will then fend his Boat onboard 
 with fuch Orders and Regulations as relate to his Department. 
 
 9th. The Guartl Boat is to report to the InfpeSing (^fliccr any Violation of 
 thefe Regulations which may be perfiRed in by any Perfon, and detain fuch Boat 
 as they may be on board of until he receives his Orders on the Suhjedl. 
 
 icth. That the Captain or Supracargo of every Foreign Ship importing into 
 'this Harbour fliall, immediately on their Landing, deliver into the Oflice of the 
 Superintendant of Police a Lifl; of fuch of the Officers and Crew as it is intended 
 Ihall refide on Shore during the Ship's Stay, who, if he fee no Objecl^ion, fhall 
 thereon grant each a printed Certificate of their being permitted to remain on Shore. 
 
 1 ith. That the Captain or Supracargo fliall further leave at the Police Office a 
 Paper with the Signatures of fuch Officers of the Ship (not exceeding Three on 
 board of each), whole Authority fhall, when counterfigned by the Superintendant 
 of Police, be a fuflicient Pafs for fuch of the Crew as may have Occafion to be on 
 Shore for a Time only, vhich Time is to be fpccified in the Pafs. 
 
 1 2th. All Seamen and others belonging to Foreign Ships, anJ fufpicious Pcr- 
 fons in general, not in Poflefhon of either a general or temporary I'als, as above, 
 to be apprehended by the Supcriiitendant of Police, and kept in C'uflouv, the 
 Captain or Supracargo of the Ship being char^^ed with all Expences attending 
 their Seizure and Detention. 
 
 ■13th. That a Regifler be kept in the Police Office of all Pafles granted, and 
 that they be numbered i to on each, for the Purpofe of Reference. 
 
 14th. To eftctl: thefe beneficial Purpofes, Orders may be iflued at the Gates 
 and other Military Guard to prevent all Foreign European Seamen from pacing 
 or landing on the Ifland unprovided with a Pals counterfigned by the Superin- 
 tendant of Police. 
 
 15th. If at any Time the Superintendant of Police Ihall fee Caufe to fufpeft 
 Perlous thus landed of improper Intentions, he is ^o apprehend and detain the 
 fame, and make Report thereof to the Honourable the Governor. 
 
 16th. That no Commander of a Foreign Shipiiiall entertain on board any Per- 
 fon, either as a Part of his Crew or as a Palleiiger, without a Permit from the 
 Superintendant of Marine. 
 
 17th. 'Fhat when any Foreign Ship is about to depart from this Port, the 
 Infpeding Officer fliall, previous to the Embarkation of her Commander, repair 
 on board, and raufl:er and cxiuiiine the Crew, accordin^g to the Lifts furniflied on 
 her firlt Importation, and examine the Officers and Crew as to fuch Cafuahies 
 as may have been reported during the Continuance of the Veflel in Port, and to 
 require the Permit from the Superintendant of Marine for fhipning fuch additional 
 Men or Paflengers as he may find on board. 
 
 (163.) li iSth That
 
 aa€ REGULATIONS RELATING TO 
 
 i8th. That In Cafes which fliall appear to require it, the Infpecling Officer 
 Ihall fearch any Foreigti Ships under fufpicious Circuinftances, and fliall upon all 
 •Gccaf:ons, after his Infpedion fliall have been completed, ftation a Guard Boat 
 alon^fide of every Foreign Vefl'el, to prevent Communication with the Sliore, 
 until flie may fa.il. 
 
 I gth. After the Infpefting Officer has made his final MuOer and Examination of 
 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, w ithout a Pafs from 
 the Superintendant of Marine. 
 
 2oth. As foon as the Superintendant of Marine fliall have been fatisfied by the 
 Report of the Infpe^Sing Officer that thefe Regulations have been complied with, 
 he Ihall counterfign the Ship's Port Clearance as the Authority for her Departure, 
 sift. An immediate Report to be made by the Superintendant of Marine of any 
 Foreigrn Ship which may fail from the Harbour without the regular Port Clearance; 
 and the Cruizer in the Mouth of the Harbour, upon an agreed-on Signal from the 
 Light-houfe, is, as far as pollible, to prevent any fuch Ship from leaving the 
 Harbour without a Pilot. 
 
 22d. That for the Purpofe of efFeflually enforcing the Tenor and Intention of 
 thefe Regulations, no Foreign Veflcl whatever fhall be ad:i)itted to aii Entry, unlefs 
 the Commander of her fhall, upon his firfl Arrival at any Port within the Com- 
 pany's Dominions in India, have complied with the Forms hereby eftabliflied, and 
 unlefs upon his Departure from the Place of his firft Importation he fhall have 
 obtained the Port Clearance and Certificate hereby prefcribed. 
 
 23d, That the Officer in Command of the Velfel ilatinned at the Mouih of the 
 Harbour fhall fend one of his Guard Boats, with an intelligent Perfon, to infpeft 
 all Dows, Dingeys, and other Veffels of that Defcription coming into this Harbour; 
 that fuch Perfon fhall inquire of the Naquedah or Craney what Palfengers, or if 
 any Europeans whatever be on board, and fliall carefully examine fuch Veflel ; 
 and if fatisfied that no improper or fufpicious Paffenger or other Perfon is con- 
 cealed therein, fhall allow fuch Veffel to proceed up the Harbour ; otherwife, to 
 detain her until a Report can be made to the Superintendant of Marine, who will 
 thereon act as he may deem neceffary. 
 
 24th. That any European, not in the Service of His Majefly or the Honourable 
 Company, landing from the Mahratta Country at any of the Bunders under the 
 Cuftom Mafters, fhall be detained at the Cullom Houfe, until a Report can be 
 made to the Governor of his Name, Nation, ProfefTion, and Reafons for vifiting 
 this Ifland, unlefs fuch European fhall be furnifhed with a Pafs from the Honour- 
 able the Governor, the Refident at Poonah or Hydrabad, or fome Perfon authorized 
 to give fuch Pafs, in which Cafe he is to be fent to the Oilice of Police, where his 
 Name is to regillered. 
 
 25th. And in the like Manner, no European of the foregoing Defcription fhall 
 be allowed to go of}' at any of the faid Bunders, without a Pafs regularly granted. 
 
 (Signed) Ph. Dundas. 
 
 Ph. S. MarsteR.. 
 
 The Confi deration, of the above Regulations will be refumed at a future 
 Meetbg. 
 
 EXTRACT BOMBAY PUBLIC CONSULTATIONS, 
 
 16th July 1799. 
 
 IN purfuance of the Letter from the Committee appointed to draw up Regula? 
 ■tions in regard to the Lan'ling of Foreigners, recorded under the 5th inftant, the 
 Prefident delivers in the following Draft of modified Articles, which he propofe* 
 may be adopted and carried into elfeft at this Port : 
 
 " Whereas it is expedient to prevent Foreigners of every Defcription from landing 
 at this Prefidency and its Dependencies without Permillion from the Govem- 
 
 7 ment.
 
 EAST INDIA AFFAIRS, - 127, 
 
 ment, the following Rules are eraflcd for tliis Purpofe, antl for llie better Rcgu. 
 lation of the Police of Bombay in general. 
 
 *' I . That no Perfon whatever be j)ennittc(l to difembark from any Foreign Veflel, 
 until fuch VefTcl ihall have been ini'pcdted by the proper Officer, and regular Per- 
 niiflion in confequence obtained. 
 
 " 2. For this Purpofe, official Notice (according to the annexed Form), under 
 xhe Signature of the Secretary to the Government, is to be difpatched lo ail Fo- 
 reign Veflels on their Approach to tliis Marbour, informing their Clominandcrs ol 
 the foregoing Refolution, and requiring them to prepare I.iiti of their PalTengcrik 
 and Ship's Companies for I)elivei7 to tlie Infpeding Officer; uliich Lifts fliali., if 
 required, be authenticated by the Afiidavit of tlie Commander and fenior Officer 
 of each Velfel refpettively. 
 
 ** Form, 
 " Sir, 
 
 " ifl. You are hereby informed of the Refolution of the Governor in Council, 
 that no Perfon will be permitted to land from your Vefl'cl, until fhe fliall havt 
 been duly infpeded by an Officer appointed for this Purpofe ; you are therefor^ 
 to prepare a Mufler Roll of your Ship's Company, and of the Paffengcrs on 
 board; which Roll, under the Signature ot yourfelf and of your chief Oflicer, 
 fhall be delivered to the Infpeding Officer, and fhall, if required, be attefted on 
 Oath before a Magiflrate. 
 
 " ad. The Infpecling Officer is authorized to examine your Crew and Paffengers 
 according to the Roll, which is to contain the Name of each Perfon 011 board, thit 
 Time of their Entry, the Time and Place of their embarking, their Country, and 
 the Station or Charader of each ; to this Roll you are to add the Names of all 
 Places at which your Veffel may have touched during the Voyage. 
 
 " 3d. 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 
 ftrift Obedience to the printed Regulations which you will find at the Office of the 
 Superintendant of Marine, in Failure of which your Ship will not be admitted td 
 any.Entry at any Britifh Port in India." 
 
 " 3. A Veflel is to remain conftantly flationed in the Mouth of the Harbour, to 
 communicate according to thefe Regulations with every Ship under Foreign Co- 
 lours which may be entering, and to enjoin her to anchor until the Infpecling 
 Officer fhall come on board and make the neceffary Inquiries, and a Guard Boat 
 is to remain alongfide of each Foreign Ship thus importing, until removed by the 
 proper Authority, and while there, to prevent any Boat whatever from either 
 getting on board of her from the Shore, or from proceeding to the Shore from 
 the Ship. 
 
 •*' 4. On the Strange Ship's anchoring as above, the Infpecflng Officer is to pro- 
 ceed on board, and to examine and multer the Crew and Paflengers according to 
 the Lifts, which fhall have been prepared under the Signature of the Commander 
 and that of his Senior Officer. 
 
 " 5. If on this Mufttr and fuch further Examination as the Infpecung Officer 
 fhall deem necelfary, he fhall not obferve any ful'picious Perfons to b'e on board, 
 he is to authorize the Pilot to bring the Ship to her IVIoorings, and to return to 
 the Shore with his Report to the Superintendant of Marine, enjoining the Guard 
 Boat alongfide to exert its utmofl Vigilance in preventing any Perfon from quit- 
 ting the Ship, or proceeding on board of her. 
 
 " 6. In cafe the Superintendant be fatisfied with the Report of the Infpeding 
 Officer, he fhall authorize the Removal of the Guard Boat, and the neceffary 
 Communication with the Ship ; if not, the Guard Boat is to remain, and a Report 
 to be made by him to the Honourable the Governor. 
 
 " 7. Upon the Guard Boat's being removed fiom alongfide any Foreign Ship 
 importing in the Manner fpecified in the preceding Section, written Notice thereof 
 is to be immediately tranfmitted by the Superintendant to the Cuftom Mailer, who 
 is then to fend his Boat, on board with fuch Orders and under fuch Regulations as 
 relate to his Department. 
 
 " 8. The Guard Boat is to report to the Infpecling Officer any Violation of thefe 
 Regulations, which may be perfifted in by any Perfon or Perfons, and to detain 
 
 fuch
 
 128 REGULATIONS RELATING TO 
 
 fuch Boat as he orthey may be on board of, until he receive his Orders on the 
 Subjeft. 
 
 " 9. The Captain or Supercargo of every Foreign Ship importing into this Har- 
 bour, fhall immediately on their landing deliver into the Office of the Superin- 
 tendant of Police a Lift of fuch of the Officers and Crew as it is intended fliall 
 refide on Shore during the Ship's Stay, who, if he fee no Objeftion, fliall thereon 
 grant to each a printed Certificate of their being permitted to remain on Shore, 
 taking hereon the InftruGions of the Governor as may from lime to lime prove 
 neceffary. 
 
 " 10. The Captain or Supercargo 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), whofe Authority ffiall, when counterfigned by the Superintendant of Police, 
 be a fufficient Pafs for fuch of the Crew as may have Occafion to be on Shore for 
 a Time only, which Time is to be fignified in the Pafs. 
 
 " M. All Seamen and others belonging to Foreign Ships, and fufpicious Perfons 
 in general, not in Poffeffion of either a general or temporary Pafs as above, to be 
 apprehended by the Superintendant of Police, and kept in Cuftody. The Cap- 
 tain or Supercargo of the Ship being charged with all Expences attending their 
 Seizure and Detention. 
 
 "12. A Regifter is to be kept in Numerical Order for each Month in the Police 
 Office, of all Paffes granted for the Purpofe of Reference. 
 
 " 13. Orders to be ilfued 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 counterfigned by the Superintendant of Police. 
 
 " 14. If at any Time the Superintendant of Police fhall fee Caufe to fiifpecl Per- 
 fons thus landed of improper Intentions, he is to apprehend and detain the fame, 
 and make Report thereof to the Honourable the Governor. 
 
 " 1 5. No Commander of a Foreign Ship fhall entertain on board any Perfon 
 either as a Part of the Crew or as a Paffenger, without a Permit from the Super- 
 intendant of Marine, who is to aft in granting the fame under the Orders and 
 Sanction of the Governor. 
 
 " 16. When any Foreign Ship is about to depart from this Port, the Infpe£ting 
 Officer fhall, previous to the Embarkation of her Commander, repair on board 
 and mufter and examine the Crew according to the Lifts furniffied on her firft 
 Importation, and examine the Officers and Crew as to fuch Caiualties as may have 
 been reported during the Continuance of the Veffiel in Port, and require the Per- 
 mit from the Superintendant of Marine for fhipping fuch additional Men or Paf- 
 fengers as he may find on board. 
 
 "17. In Cafes which fhall appear to require it, the Infpecting Officer fhall fearch 
 any Foreign Ships under fufpicious Circumftances, and is, upon all Occaficns after 
 his Infpedion fhall have been completed, to ftation a Guard Boat alongfide of any 
 Foreign Veffel, to prevent Communication with the Shore, until flie may fail out 
 of the Harbour. 
 
 "18. After the Infpecling Officer has made his final Mufter and Examination of 
 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 Pafs from the 
 Superintendant of Marine. 
 
 " 19. As foon as the Superintendant of Marine ihall have been fatisfied by the 
 Report of tiie Infpeding Officer, that thefe Regulations have been complied with, 
 he fhall counteifign the Ship's Port Clearance as the Authority for her Departure, 
 as far as regards his Department. 
 
 " 20. An imrncdiaic Report to be made by the Superintendant of Marine of any 
 Foreign Ship which nay fail from the Harbour without the regular Port Clearance; 
 and the Cruizer in the Mouth of the Harbour, upon an agreed Signal £i"om the 
 Lig'.t houfi', is as far as poffibie to prevent any fuch Ship from leaving the Harbour 
 witi out a Pilot. 
 
 " 21. The Officer in command of the Veffi.1 ftationed at the Mouth of the Har- 
 bour Ihall lend one of his Guard Boat^, with an intelligent Perfon, to infpedl all 
 Dows, J 'iiigeys, or other Vellels of that Delcription coming into this Harbour, 
 :vhich Perloa (hall inquire of the Naqucdah or Craney what faflengcrs, or if any 
 
 Europeans
 
 EAST INDIA AFFAIRS. ,ii2^ 
 
 Europeans whatever be on board, and fliall carefully examine fuch VcfTcI, and if 
 fatibficd tiiat no improper or fufpicious Panc:n,o;cr or other Pcrfon fs concealed 
 therein, fhall allow fuch Vf(ll;l to proceed up thu Harbour; but othcrwife, Iliall 
 detain her until a Report can be made to the Supcrintcndant of Marine, who will 
 thereon ad as he may deem necefTary, reportiuir his Proceedings to the Governor, 
 and acting thereon as the latter fhall dired. 
 
 " 22. No European, Foreigner, or even Britifh Subjeft fliall on any Account 
 be difcharged from any Ship under F.nglifh ColDurs without the Pcrmiffion of the 
 Superintendant of IVlarine ; and when that Pcrminion has been granted, the dif- 
 charged Man is to be ftnt to the Office of Police in order to have his Name regif- 
 tered there, and a proper Pallport granted to h.im as in the Cafe of the Seamen ol 
 Foreign Ships. 
 
 " 23. All Merchant Ships, whether Englilh or Foreigners, without DiftinQion, 
 fhall on their Arrival deliver in correct Lifts of their Ship's Companies, and of all 
 other Perfons who ftiali be on board, to the Infpector of the Port, who is to re- 
 examine fuch Lifts on the Departure of thefe Ships refpcdively, and to report to 
 the Superintendant of Police hov/ many of the European Part of fuch Crew do 
 re-embark, and what h.is become of the Remainder ; which Returns are to be 
 regularly fubmitted by the laft- mentioned Superiniendant to the Governor; who, 
 alter being fatisfied thereon, is to direct the Superintendant of Police to write to 
 the Cuftom Mafter accordingly, till which the Veflel's Port Clearance is not to be 
 granted ; the Objeil of this Rtgulation being to prevent Foreign or Britifti Subjects 
 improperly remaining on flioie behind the Ship that brought them, which, befiJes 
 other Inconveniencies, has frequently entailed undue Expence on Government. 
 
 " 24. I'^uropeans not in the Service of His Majefty or the Honourable Company 
 landing from the Mahrattah Country, at any of the Bunders under the Cuftom 
 Mafters of Bombay, Mahim, Salfette, or Caranja, arc to be detained at the Cuftom- 
 houfe until a Report can be made to the Governor of the Name, Naticm, Pro- 
 feftion and Reafon of the Party for vifiting this Ifland, unlefs fuch European fliall 
 be furniflied with a Pafs from the Honourable the Governor, the Refident at 
 Poona or Hydrabad, or fome Perfon authorized to give fuch Pafs, in which 
 Ca(e he is to be fent to the Office of Police, where his Name is to be regiftered. 
 
 " 25. Nor is any European of the foregoing Dofcription to be allowed to go off 
 at any of the faid Bunders without a Pafs regularly granted by the Local Autho- 
 rities, who now are or may be hereafter authorized by Government to iffue them. 
 
 " Publiflicd by Order of the Governor in Council. 
 « Bombay Caftle, (Signed) R. RiCKARDS, 
 
 i6thjuly 1799. See. to Gov'.'* 
 
 The Board approving 'of the above Regulations, ordered that they be imme- 
 diately printed, and Copies tranfmitted to the Superintendant of Marine, Super- 
 intendant of Police, Cuftom Mafter, Chiefs of Mahim and Salfette, for their 
 refpeftive Information and Guidance. 
 
 Refolved, That the Mafter Attendant for the Time being be alfo appointed to 
 hold the Office, and execute the Duty of Infpector of the Port ; and that the 
 Superintendant of Marine, in Conjunttion with ihis Officer, be required to con- 
 fider and Report to Government the additional Eftablifliment that will be un- 
 avoidably nccelTary to give due Etfed to the Regulations now adopted. 
 
 That thefe Regulations may be rendered equally applicable to local Circum- 
 ftances in Malabar, and to the Settlement of Su.ut, the Secretary is directed to 
 modify fuch of the above Articles as fliall be found to require it, fo as that the 
 Purpofes and Views which have led to their Introduction at the Prefidency may 
 be as effedually obtained ut both of thofe Subordinates ; which Modifications he 
 will fubmit to the final Confirmation of Government previous ro the faid Rules 
 being tranfmitted to either of the above-mentioned Quarters. 
 
 'I'he Secretary is alfo direded to prepare the Draft of a Letter on the above 
 Subjeft to the Governor General, in Reply to theirs of the 9th May laff, giving 
 Cover to a Copy of the amended Regulations this Day recorded, and fubmirti;,g 
 for his Lordfhip's Decifion the Queftion propofed by the Committee iu the Liter 
 Part of their Letter to us of the 3d Inftant. 
 
 (163.) Kk EXTRACT
 
 130 
 
 Regulations rClatinC to 
 
 EXTRACT BOMBAY PUBLIC CONSULTATIONS, 
 
 23d July 1799. 
 
 The Secretary delivers in a Draft of modified Regulations for the Ufe of the 
 Province of Malabar, and the Guidance of the Adminiftration there, in the Re- 
 flriftions required to be laid on the landing of all Foreigners within the Limits of 
 the Company's Indian Poffeflions, purfuant to the Orders to this Efiecl recorded 
 in the Minutes of Council of the i6th Inftant. 
 
 " Whereas it is expedient to prevent Foreigners of every Defcription from 
 landing within the Limits of the Company's PoiTeflions on the Coalt of Malabar 
 without PermiiTion, the following Rules are enacled for thisPurpole, and for the 
 better Regulation of the Police of the diH'erent Ports : 
 
 '• I. No Perfou v/hatever to be permitted to difembark from any FoS"eign Vefiel, 
 ■smtil fuch Veffel fliall have been infpected by the proper Officer, and regular 
 Permiflion in confequence obtained. 
 
 " II. For this Purpofe, official Notice, (according to the annexed Form), 
 under the Signature of the Secretary to the Coriimiffioners, is to be diipatched to 
 all Foreign Veiiels, on their Approach to the Roads of Calicut, informing their 
 ■Commanders of the foregoing Refolution, and requiring them to prepare Lifts of 
 tlieir Paflengers and Ships Companies, for Delivery to the Infpefting Officer ; 
 ■which Lifts fhall, if required, be authenticated by the Affidavit of the Commander 
 and Senior Officer of each Veffel relpedively. 
 
 "Sir, "^°^^^- 
 
 " I ft. You are hereby informed of the Refolution of the Governor in Council 
 in Bombay, that no Perfon will be permitted to land from your Veffel, until (he 
 ihall have' been duly infpefted by an Othcer appointed for this Purp.fe ; you are 
 therefore to prepare a Mufter Roll of your Ship's Company, and of the PaflrngerS 
 on board ; which Roll, under the Signature of yourfelf and of your Chief Officer, 
 fhall be delivered to the Infpefting Officer, and fliall, if i-equired, be attefted on 
 Oath before a Magiftrate. 
 
 " 2d. The Infpefling Officer is authorized to examine your Crew and Paffengers 
 according to the Roll, which is to contain the Name of each Perfon on board, the 
 Time of their Entry, the Time and Place of their embarking, their Country, and 
 the Station or Charader of each ; to this Roll you are to add the Names of aU 
 Places at which your Veffel may have touched during the Voyage. 
 
 " 3d. Until you Ihall have complied with this Order you will not be permitted 
 to have Communication with the Shore, and upon your landing you are to pay 
 ftrict Obedience to the printed Regulations which you will find at the Office of the 
 Commiffioners for the Adminiftration of this Province, in Failure of which your 
 Ship will not be admitted to any Entry at any Britilh Port in India. 
 
 " III. Upon the Approach of any Foreign Veffel towards the Roads of 
 Calicut, a Boat is to be difpatched from the Shore with the above Intimation, 
 •which fliall be delivered by fome intelligent Perfon deputed for the ruipofc, and 
 who is to require the faid Veffel to anchor in a proper Station, until the lnfpecl;ing 
 Officer fhall come on board and make the ncceffary Inquiries ; and a Guard Boat 
 is to remain alongfide of each Foreign Ship thus importing until removed by the 
 proper Authority, and while there, to prevent any Boat whatever from cither 
 getting on board of her from the Shore, or from proceeding to the Shore from 
 the Ship. 
 
 " IV. On the flrange Ship's anchoring as above, the Infpefting Officer is to 
 proceed on boartl, and to examine and mufler the Crew and Paffengers, according 
 to the Lifts which fhall have been prepared under the Signature of the Commander 
 and that of his Senior Officer. 
 
 " V. If on this Mufter, and fuch further Examination as the Infpefting Officer 
 fliall deem neceffary, he ftiall not obferve any fuipicious Perlbns to be on board, he 
 is to retuTn to the Shore with his Report to the Prefident of the Commiffion, en- 
 joining the Gutird Boat alonglidcto exert its uiniolt Vigilance in preventing 'any 
 Perfon from quitting the Ship or proceeding on board of her, 
 
 « VI. In
 
 EAST INDIA AFFAIRS. 131 
 
 " VI. In cafe the Prefident of the Comminion be fatisfied with ihe Report of 
 the Infpecling Officer, he fhall auihoiize tlie Removal of the Guard Boat, aiul the 
 iifcclTary Communication with the Ship; if not, the Guanl Un.'.t i:,tn leiniiiii a^ 
 long as they may find Catife fo to ord(;r it, 
 
 " VII. Upon the Guard Boat's beinq removed from alongfulc "Jic I'ortign .jLij) 
 importing, in the Manner fpecified in the preceding Section, wiitten Not'ce thercot 
 is to be immediately tranfmiited to the t;uliom Mader, who is then to fend his 
 Boat on board, with luch Orders and under fuch Regulations aB relate to his 
 Department. 
 
 " VIII. The Guard Boat is to report to the Infpecling OfTiccr any Violation of 
 thefe Regulations which may be perfiited in by any Ferfon or Pcrfons, and detain 
 fuch Boat as he or they may be on board of, until he receives his Orders on the 
 Subjeft. 
 
 "• IX. The Captain or Supercargo of every Foreign Ship importing fl)all, imme- 
 diately on their landing, deliver into the Police Oilicea Lilt of fucli of the Olhcer.s 
 and Crew as it is intended fhall refide on Shore during the Ship's Stay, when, if 
 the Prefident of the Commilhon fee no Ohjedlion, the Police Officer fliall thereon 
 grant a Certificate of their being penviitfed to renrain on Sliorc. 
 
 " X. The Captain or Supercargo fhall further leave at the Police Office a 
 Paper, with the Signatures of fuch OfTiccrs of the Ship (not exceeding Three on 
 board of each), whole Authority fhall, when counterfigned by the Police Oflicer, 
 be a fufficient Pafs for fuch of the Crew as may have Occafion to be on Shore for 
 a Time only, which Time is to be fpecified in the Pafs. 
 
 " XI. All Seamen and others belonging to Foreign Ships, and fufpicious Per- 
 fons in general, not in PoifefTion of either a general or temporary Pafs as above, to 
 be apprehended by the Police Officer, and kept in Cuflody ; the Captain or Super- 
 cargo of the Ship being charged with all Kicpences attending their Seizure and 
 Detention. 
 
 " XII. A Regifler to be kept in Numerical Order in the Police Office, of all 
 Pailes granted, for the Purpofe of Reference. 
 
 " XIII. Orders to be ilfued at the Stations of all Military Guarda, to prevent 
 Foreign European Seamen from palfing or landing, who fhall be unprovided with 
 a Pafs counterfigned by the Police Oflicer. 
 
 " XIV. If at any Time the Police Officer fhall fee Caufe to fufpect Perfons thus 
 landed of improper Intentions, he is to apprehend and detain the fame, and make 
 Report thereof to the Prefident of the Commilfion. 
 
 " XV. No Commander of a iv-reign Ship fhall entertain on board any Perfon, 
 either as a Part of his Crew or as a Palfenger, without a Permit from the Prefident 
 of the Commilfion. 
 
 *« XVI. When any Foreign Ship is about to depart, the Infpecling Officer fhall, 
 previous to the Embarkation of the Commander, icpair on board, and mufler and 
 examine the Crew according to the Liils furuifhed on her firll Importation, and 
 examine the Officers and Crew as to fuch Cafuahies as may have been reported 
 during the Continuation of the VelTel in Port, and require the Permit from the 
 Prefident of the Conmiiffion for iliipping fuch additional Men or Paliengers as he 
 may find on hoard. 
 
 " XVII. In Cafes which fliall appear to require it, the Infpecling Offioer lliall 
 fearch any Foreign Ships under fufpicious Circumftances, and is upon all Occa- 
 fions of Sufpicion, even after his Infpe«^ion fhall have been completed, to ftation 
 a Guard Boat alongfidc of every Foreign Vcflel, to prevent Communication with 
 the Shore, until fiie may fail out of the Road, 
 
 " XVIII. Alter the Infpeding Oflicer has made his final Muifer and Examina- 
 tion of any Foreign Ship about to depart, a Guard Boat is to be ftatioiicd along- 
 fide of her, and no Perfon is to be allowed to go on board ox her without a Pitfs 
 from the Prefident of the Commifiion. 
 
 " XIX. An immediate Report to be made by the CommiiTioners, "f any Foreign 
 Ship which may fail from the Roads of Calicut without a regular Port Clearance 
 above fpecified ; at the fame Time that the Commiffioners are authorized to de- 
 tain her by force, if the Means of doing it be within their Power. 
 
 " XX. No
 
 rp REGULATIONS RELATING TO 
 
 " XX. No European Foreigner, or even Britifli Snbjeft, fli-all on any account 
 be difcharged from any Ship under Englifli Colours without the Permiirion of the 
 Prefident of the CommiiTioa ; and when that Permiffion has been granted, the 
 difcharged Man is to be fent to the Office of Police, in order to have his Name 
 reglflered there, and a proper PaiTport granted to him as in the Cafe of the Sea- 
 mf^n of Foreign Ships. 
 
 "' XXL All Merchant Ships, whether Englifli or Foreign, without Diftinftion, 
 flnll on their Arrival deliver in correft Lifts of their Ships Companies to the 
 Infpeftor of the Port, who is to re-examine luch Lifts on the Departure of fuch 
 Ships refpedively, and to report to the Prefident of the CommiiTion how many of 
 the European Part of fuch Crew do re-embark, and what has become of the Re- 
 mainder; and if the Prefident of the Conmiiflicn be fatisfied thereon, he is to 
 inftruct the Cuflom Mafler accordingly, till which the Veffel's Port Clearance is 
 not to be granted ; the Objed of this Regulation being to prevent Foreign or 
 Britifii Subjeds improperly remaining on lliore behind the Ships that brought 
 them, v.hich befidcs other Inconveniences frequently entailed undue Expence on 
 Government. 
 
 " XXIL The Commi.lioners are to caufe the fevcral Provifzons in the preced- 
 ing Seftions of this Regulation to be carried into due and full Execution at the 
 principal Sea Ports in Malabar, in the fame Manner as at Calicut, the Place of 
 their own Refidence, by employing the Agency of the Senior Civil Servant at or 
 neareit each Port, in lieu of that of the Prefident of the Commiflion, with which 
 fuch Civil Servant is to correfpond, and to be guided by all Orders he may thence 
 receive refpeding the Premifes. 
 
 " XXIIL All Officers commanding Pofls in the Province of Malabar, are to 
 take up and fend in to the Civil Servants at the nearefl Station, for the Purpofe of 
 being forwarded on to the CommifTioners, all Europeans not in the Service of His 
 Majeity or the Company, or not pofTelTing a Licence or PafTpoit, who fhall be 
 found within the Limits of their refpeftive Commands. 
 
 " XXIV. Where fuch Europeans fhall prove to be Deferters from the King's 
 or Company's Troops, the CommifTioners are to make them over to the Com- 
 manding Officer in the Province, on whom due Form refpeding them will de- 
 pend ; but in all other Indances thePerion fb apprehended is to be detained in fafe 
 Cuflody under the CommifTioners Authority, until they fhall have inquired into 
 and reported on each Perfon's Cafe to Government and received its Orders, except- 
 ing only where the Commiflion fliall be of opinion that there is no juft or fuf- 
 iicient Caufe for detaining the Party or Parties ttius ifopped or apprehended, whofe 
 Enlargement they are neverthelefs to report, with their Realbns for having autho- 
 rized it. 
 
 " XXV. The Authority vefled by the preceding Sedion in Officers command- 
 ing Military Stations is extended to the Senior Civil Servant at the feveral Statioi>s 
 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, 
 
 Bomb<ay, Your Lordfiiip's molt obedient Servants, 
 
 23d July 1799. (Signed) J. Duncan, &c. Council. 
 
 EXTRACT BOMBAY PUBLIC CONSULTATIONS, 
 
 26th July 1799. 
 
 Read the following Letter from the Malabaj- CommifTioners : 
 
 Honourable Sir, 
 
 Under the 14th infl:. we had the Honour to, receive a Letter from the Govern- 
 ment of Fort St. George, with fundry Enclofures, containing Regulations refpecting 
 Europeans travelling through the Honourable Company's Territories, as alfo in 
 refpeft to Foreign Ships appearing on this Coaft. 
 
 A.S the former have been publilhed in the Madras Newfpapers, we have not 
 judged it neceffary to trouble you with the Papers relating thereto, but beg Leave 
 to inform you, that we have iffiied the necellary Orders to the Superintendants 
 and others towards carrvinsc into Execution thefe Inftruftions. 
 
 With regard to the latter of thefe Regulations, and for a Model on which to 
 form fimilar ones, to be obferved on this Coaft, the Government of Fort St. George 
 have furnilhed us with Copies of the feveral Orders iffued by them for that Pur- 
 pofe : befides that from the Seafon of the Year their immediate Adoption into 
 Practice is not called for, they appear to us fo immediately blended and- con- 
 nected with thofe Regulations refpetting the Anchorage of Veffels on this Coaft, 
 which we have had fo long in charge by you to frame, that we fhall defer tranf- 
 mitting this Document until we fhall have been able to come to a Determination 
 on the Recommendation of a Code of Regulations that fliall inplude both 
 Obje^s. 
 
 On this Subjeft we beg leave to ftate to you that the principal Circumftance 
 that has fo long procraftinated the framing of ihofe Regulations, is the Commu- 
 nication of your Honourable Board's Sentiments that the defraying the total 
 Charge of the prefent and Augmentation in the future ERablifliment which our 
 propufed Regulations may render neceffary from the Fees to be cftablifhed, is con- 
 iidered as an indifpenfable Preliminary, and on this wc have been unable to come 
 to any definitive Judgment, but are rather inclined to fuppofe that no Impofl laid 
 on Veffels anchoring and trading on this Coafl, and fuch as the Trade could bear, 
 would provide a Fund fufhcient to defray the Charge above adverted to. 
 
 We have the Honour to be, 
 
 Honourable Sir, 
 Calicut, Your mofl obedient humble Servants, 
 
 23clJune 1799. (Signed) J. Sl'icNCER. 
 
 J. Smee. 
 
 The Subject of this Letter feems to have been fully anticipated in our Inflruc- 
 tions to the Commiflioners, recorded in the Proceedings of lafl Council.
 
 EAST INDIA AFFAIRS. ij5 
 
 EXTRACT BOMBAY PUBLIC CONSULTATIONS, 
 
 3oih July 1799. 
 
 Read the following Letter from the Superintcndant of Marine and Mader 
 
 Attendant. 
 
 Honourable Sir, 
 In obedience to your Orders of the 24th inflant, we have confuiered of the 
 Efhibli(hment of Boats and Men which will be iinavoiilably ncccflary to give 
 Effect to the recently publilhed Regulations refpedling the Importation of 
 Foreigners into this Port, and have the Honour to annex the Refult of our united 
 Opinions therton, as the leall: FJhibliflimcnt which will anfwer tlie propofcd End, 
 which if on Experiment found infuflicient may be afterwards increafed. 
 
 1 Infpedor of Port, per Mcnfcm, ... 
 
 2 Afliilanis to Mafler Attendant to aft as fuch to Infpector, 
 1 Ditto additional, ..... 
 
 Three Boats' Crews, as follows, each 
 
 I Tindal, as at prefent, - - - 10 30 
 
 II Lafcars, as diuo, at - - - 5 165 
 
 I Native Writer for the Reports, at - - 20 
 
 Exclufive of which a Detachment of One Non-commiflioned OfTicer and Five 
 Privates from the Marine Battalion for each Boat, to be held in readinefs at the 
 Guard in the Marine Yard to embark in fuch Numbers as the Infpector of the 
 Port may direct. 
 
 It will be neceffar)' to add One more Bunder Boat to the prefent Eftablifliment, 
 and to keep One of the Cruizers conflantly (lationed in the Mouth of the 
 Harbour. 
 
 We have the Honour, See. 
 Bombny, (Signed) Ch. Dundas. 
 
 27th July i799. RoBT. Anderson. 
 
 The Eflablifhment propofed in the above Letter is approved, with the Addition 
 of the following Salaries to the Officers to be employed, viz. 
 
 Infpeftor of the Port - - 400 Rs. per Menfem. 
 
 I ft Afiiftant - - - 100 Do. 
 
 2d Do. - - - - Qo Do. 
 
 3d Do. .... 60 Do. 
 
 The Commandant of the Marine Battalion is to be direftcd to hold in readinefs 
 the required Detachment of Sepoys in the Manner and for the Purpofe above 
 recommended. 
 
 The additional Bunder Boat is alfo ordered to be built. 
 
 EXTRACT BOMBAY PUBLIC CONSULTATIONS, 
 the 7th Augull 1799. 
 
 The following Letters were, under the 5th Inftant, written to the Commiffioners 
 and to the Commanding Officer in Malabar, the Commiffioners at Cochin, the 
 Refident at Anjengo, the Chief and Council at Surat, and to the Right Honour- 
 able the Governor General in Council ; 
 
 To John Spencer Efq. Prefident &c. Commiffioners. 
 
 Gentlemen, 
 
 T. Weinclofefor your Information and Guidance Copies of a Regulation and 
 
 accompanying Letter of Inftruftions to the Commiffioners at Cochin, and of a 
 
 Letter on the fame Subjeft to the Refident at Aurengo, and of one of this Date 
 
 to the Commanding Officer in the Province, in Continuation of the Subjed of 
 
 the
 
 J ^6 REGULATIONS RELATING TO 
 
 the Precautions which we have already direded to be taken, for preventing the 
 In£vrefs of Foreigners on the Coaft of Malabar, defiring you in particular to adopt 
 and aft up to the Spirit of our Direclion? to die Commanding Officer of the Pro- 
 vince, and to iflue the requifite Orders to all the Civil Servants under you, to grant 
 PaiTporis on Application in the Manner therein pointed out, and according to the 
 prcfcrihed I'orm accompanying of which afufficient Number fliall be forwarded to 
 you in print by the firfl: convenient Opportunity. 
 
 2. We inclofe Copy of our AdverLifemcnt, which we direft you to make as 
 public as poiiible throughout the Province, and which we mean to infert in Tbe 
 Courier here for general Intormation. 
 
 We are, &c. 
 Bombay Cafile, (Signed) J. Duncan. 
 
 5th Auguil; 1799. J. Brevett. 
 
 W. Page. 
 
 To Major General James Hartley, Commanding Officer in Malabar. 
 
 Sir, 
 We inclofe for your information Copies of the Regulations and Inftruftions 
 which we have direded to be obferved at the difl'erent Sea Ports in the Province 
 of Malabar, at Cochin and Aujengo, in the View of preventing the Entrance of 
 Foreign Europeans into the Company's Territories, and defue that the feveral 
 Officers under your Authority, commanding Garrifons or feparate Military Pi'fts, 
 may be inftrufted to carry the Spirit and Intention of this Meafure into EifeCl 
 with the utmuft Degree of Vigilance, Attention, and Decifion, being warned at 
 the fdme Time, that any Perfon that may be found 10 neglect any Part of this 
 Regulation, or to connive at the Evafion of thefe Orders, will incur our moll 
 ferious Difpleafure. 
 
 2. We have ordered a fufficient JTumber of printed Forms of Pafiports to be 
 flruck off, which will be forwarded to you by theearlielt Opportunity; and mean* 
 while they muft be furniihed as required in Writing, according to the enclofed 
 Form. 
 
 3. Thefe Pafiports are to be granted to all European Travellers whomfoeveTj 
 with an Exception only iri favour of Officers commanding Parties of His Majefty's 
 or the Elonourable Company's Troops. 
 
 4. All other Perfons about to travel, are accordingly required to take out a Paff- 
 port from the Civil Authority of the Didritl where they may refide, i. e. from the 
 Prefident of the Commiffion at Calicut, cr the Superintendants of the Northern 
 and Southern Divifions of the Province, or the neareft of their Affiftants acling 
 in the Capacities of Local Magiflrates or Colleftors, or the Commiffioner at 
 Cochin, or the Refident at Anjengo, or in Places where there may be no Civil 
 Servants of the above-mentioned Defcriptions, from the Commanding Officer of 
 the nearclt Garrifon, which Certificate fliall be produced to the next Civil Ser- 
 vant or Commanding Officer, who arc authorized to cancel it, if neceffary, and 
 to iffue a frelh Pafl'port. 
 
 We are, &c. 5<:c. 
 Bombay Caftle, (Signed) J. DuNCAN. 
 
 5th Auguft 1799. J. Riv£rT. 
 
 W. Page. ' 
 
 To John Hope Oliphant Efquire, Commiflioner, Cochin. 
 Sir, 
 You will herewith receive a Regulation for preventing the unlicenfed Entry of 
 European Foreigners into the Port of Cochui and its Dependencies, and for the 
 better Adminiflration of the Police of the Port, founded upon rhofe which the 
 Government General has been pleafed tu cllabhih on the Coall if Coromandel. 
 
 2. Tire Duties of the Infpeding Officer of the Port are to be dilcharged by the 
 Aflidaiit or officiating Mafter Attendant for the Tmie being ; and you will take 
 care that the Police Officer and Native Cuflom Malter act with Difcretion and 
 Propriety in the Difcharge of the feveial Functions allotted to them by this Regu- 
 lation,
 
 EAST INDIA AFFAIRS- 13; 
 
 latloti, Tupcrinteoding their Department yourfclf in all Cafes where it may be 
 neceflary. 
 
 3. You will communicate to the Commanding Oflicer at Cochin fuch Parts of 
 this Repilation as relate to his Military Charj^e, 
 
 4. No Europeans of whatever Rank, Dcfcription, or Country (excepting Offi- 
 cers commanding Parties of His Majefty's or the Honourable Cloiiipany's 'JVoops), 
 are to be allowed to travel within or. beyond the Limits of your Jurifdiction with- 
 out a Pals of the enclofcd Form, under your Signature, v/ith a Malabar Tranfla- 
 tion ot the fame annexed, of all which you are to keep a Regiftry, which you 
 will tranfmit monthly for the Information of Government. 
 
 We arc, &c. kc. 
 Bombny Caftle, (Signed) J. Duncan. 
 
 5th Auguft 1799. J. RiVETT. 
 
 W. Page. 
 
 To Geo. Pan^ Efquirc, Refident at Anjengo. 
 Sir, 
 We tranfmit for your Information and Guidance, Copy of ?. Letter this Day 
 ■written to the Commiflioner at Cochin, v/ith Copy of the Regulation and Draft of 
 PafTports therein referred to, dcfiring you to caufe the Purport and Spirit of the 
 former to be carried as fully as poflible into Execution at the Port of Anjengo, 
 and within the Limits of the Faitory, from which all Europeans departing by 
 Land or pading through your Limits as Travellers are to be furniflied v/ith your 
 Pairpurts, under the fame Obfervance as to the keeping and tranfmitting a Regillry 
 thereof as has been enjoined to the Commiflioner at Cochin. 
 
 We are, Sir, 
 Bombay Caftle, Your mofl: obedient Servants, 
 
 5th Auguft 1799. (Signed) J. Duncan, &c. Council. 
 
 To Daniel Sefon Efquire, Chief, and Council, Surat. 
 
 Gentlemen, 
 
 You will find in The Courier oi the 2d Auguft a correft Copy of the Regula- 
 tions which we have lately adopted, for preventing the unlicenfed Ingrefs of Fo- 
 reigners into India through the Channel of this Port ; and it being very much our 
 Defire to eftablifh, by the Opening of the Seafon, at Surat, equally effedive Re- 
 ftridions againft Europeans of any Nation or Defcription from penetrating through 
 iyour Port into the interior Parts of India, you will accordingly lofe no Time in 
 taking this Subjed into your ferious Confideration, fubmitting to us your Senti- 
 ments thereon, accompanied by the Draft of fuch a Set of Rules as you may deem 
 .at once pradicable and applicable at your Settlement, for preventing dangerous or 
 intriguing Characters from fettling in Surat, with a View thence to correfpond 
 •■with the Native Powers of India, or to difTeminate objectionable Dodtrines in the 
 City, to the Difquiet of its Peace, and the Difturbance of public Order. Befides 
 which, your Chief is to make fuch an immediate Arrangement with Meer Nafee- 
 ruddein as may prevent any European whatfoever from parting beyond the Limits 
 of Surat in any Direction, inland or coaflwife, as a Traveller, without a Pals, to 
 be iffued according to the enclofed Form-in Englilh and Perfian ; and to be figned 
 by Mr. Seton in his fole Character of Englifti Chief when granted to Bntifli Sub- 
 jeds, none of whom are to be allowed to pafs by Land without it ; and as Gover- 
 nor of the Mogul's Caftle, jointly with the fuperior Native Authority in the City 
 •for the Time being, when granted to Europeans of any other Nation. But Paff- 
 ports of this lait Defcription are never to be iflfued except to Pcrtuguefe Subjcifls 
 travelling to Deman or Bombay, without the fpecial Sanftion firft had and ob- 
 'tained of the Governor, to whom in fuch Cafes the Chief is ro apply. 
 
 2. In preventing Foreign Europeans- from -paili-Eg beyond the Limits of Surat, 
 
 the fuperior Native Authority is alone to ad:,'fupperted by you through the Chief, 
 
 on formal written Application to be feafonably inade for ti>e- 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 
 <jf the £eace. 
 
 It the Magiftratc to 
 \\iiom the Charge may 
 be preferred, is not 
 qualified to at^ as J'af- 
 tice of the Peace. 
 
 Allowances to be made 
 to Profccutera and \\\l 
 nefTes in need oi pecu- 
 niary Aifillance. 
 
 Zill-i}! ard Ci-.y Magif- 
 lf.ties to take the prc- 
 fLrihed Oatli asjuftices 
 oi t'le Peace within Six 
 Mn iths from this I!)atC 
 T t le Datc» of their 
 fumre >^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'<ed to grant fuch Extenfiun as they may Exempo**. 
 judge proper, fo tliat in uo Indance, without the Sanction of the Governor Ge- 
 neral in Council in Cafes of Emergency, the taking the Oath in the manner pre- 
 fcribed in the Ad of Parliament aforefaid fliall be deferred beyond a Twelvemonth 
 from the Dale of Appointment of any Zillah or City Magiftrate hereby required 
 to take the fame. 
 
 A. D. 1806, REGULATION XV, 
 
 A Regulation for the Amendment of certain Parts of tlie Provifions contained 
 in Clauies 2d and 3d, Sedion 2, Regulalion 2, 1796, and Clauics 2d 
 and 3d, Settion 19, Regulation 6, 1803 ; and of the Rule contained in 
 Sedion 7, Regulation 5, 1799- PafTed by the Governor General in Council 
 on ihea4th of July 1806, correfponding with the lothSawun 121 ^Bengal 
 Era; the 24th Sawun 1213 Fuflily ; the loih Sawun JZ13 Willsity j 
 the 9th Sawun 1863 Sumbut ; and the 7th Jemaud-ul-Awul 1221 Higcrec. 
 
 "Whereas it is advifable that the Governor General in Council fhoulJ he re- 
 gularly hiformed of any Oifences of a criminal Nature commiited by European 
 Britifli Subjeds rcfiding in the Interior of the Country : And whereas it has l^een 
 deemed expedient to modify certain Parts of the Provifions contained in Clanfcs 
 2d and 3d, Sedion II. Regulation II. 1796 ; and in Claufes 2d and 3d, Sedion 
 XIX. Regulation VI. 1803 ; and alfo of the Rule contained in Sedion VII. Re- 
 gulation V. 1799, the following Rules have been cnadcd to be in force from the 
 Period of their Promuli^ation throughout the Teiriioiies, fubjed to the immediate 
 Government of the Prefidency of Fort William. 
 
 II, Whenever a Zillah or City Magiftrate who (liail have taken the Oaths of cVcsin wHch M^jif- 
 Quahfication as a Jufticc of the Peace, fliall hold any Briiilh European Subjed to "'^^"X'luhfcro'^t, 
 hail, or fliall deem it neceil'ary to coumiit any fuch Perfon to the Jail of Calcutta and to Government, 
 to take his Trial before the Supreme C^ourt of Judicature for any Oflence of a "j^fr/pTpersSca-' 
 criminal Nature, the JVIagiflrate fliall tranfmit the original Dcpofitions taken on the ing European Brithh 
 Occafion, (together with Tranfadions of any Papers not being in the Englifli Lan- f"^„','|'e/to the jaii°^ 
 guage) to the Clerk of the Crown. The Magillrate fhall likewife tranfmit Copies CJcutu. 
 of the faid Depofitions (together with Tranflations of any Papers not behig in 
 the Englifli Language) to the Secretary to the Government in the Judicial De- 
 partment, for the information of the Governor General in Council ; who, m 
 Cafes in which he fliall confider it to be neceflary, from the aggravated N'ature of 
 the Offence charged againfl: the Perfon accufed, or on any oi:her fubfliantial 
 Ground, will order the Profecution to be condudcd by the Law OfHceis of Go- 
 vernment, and at the Public Expence. 
 
 III. Vv^hcnever an European Britifli Subjed fliall be charged before a Zillah or *^"" '" *'"''f^^''^!,^'f' 
 City iMagiilrate, who has not taken the Oaths of Qualification as a Juftice of the ^^fei p 'rfom of tho 
 Peace with a Criminal Offence, which according to the Law of England may not above Defcripiion «ith 
 
 ,,.,,, 1 1 ti -n r -1 • 1 rr r ■ .LOW th? W itnelieS to Hit 
 
 be bailable, and the Magiltrate after making the neceflary Inqun-y on trie bub- Maj»ft>'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<i to, 
 
 •~ JO and Rul» in confc 
 
 II. No Perfon whatever to be permitted to difembark from any Foreign VefTel "i"'"'' en»«cd- 
 until fuch Vedel fliall have been infpefled by the proper Ollicer, and regtdar Per- infpel^^d p"rcviouny *<» 
 niifllon in confequeiice obtained. "\y ^''"'"" *"--'"8 ?«<■- 
 
 , . , . , . milted to dircnliark. 
 
 III. For this Purpofe odicial Notice 'according to t!ie fubjoined Form) imder Rule tobcobfcncdon 
 the Sipnatiire of the Secretarv to the Government, is to be difpatched to alt l''o- 'jie imponatkm of • 
 reign Vtliels on their Approach to this Harbour, iniorming their Commanders or ti,. ir Pam-ngcr^ and 
 the foregoing Refolulioii, and requiring them to prepare Lilb of their Pallengers ■'''"!» t;oaipanie». 
 and Ships Companies ior Delivery to the Infpeding Officer; which Lifts fliall, if 
 
 required, be authenticated by liie Atlidavit ot the Commander and Senior Officer 
 of each Vell'el refpeclively. 
 
 " Form. 
 " Sir, 
 
 *' Firfl. You are hereby informed of the Refolution of the Governor in Council, 
 that no Perfon will be permitted to land from your Vend until flie ffiall have been 
 duly infpefled by an Officer appointed for this Purpofe ; you are therefore to 
 prepare a Mufter Roll of your Ship's Company, and of the Paffeiigers on board ; 
 which Roll, under the Signature of yourfelf and of your Chief Officer, fhall be 
 delivered to the Infpeding Officer, and fhall, if required, be attefted on Oath 
 before a Magiltrate. 
 
 " Secondly. The Infpefting Officer is authorized to examine your Crew and 
 Paflengers according to ihe Roll, which is to contain the Name of each Perfon on 
 board, the Time of their Entry, the Time and Place of their embarking, their 
 Country, and the Station or Chararter of each ; to this Roll you are to add the 
 Names of all Places at which your VelTel may have touched during the Voyage. 
 
 " Thirdly. Until you fhall have complied with this Order, you will not be 
 permitted to have Communication with the Shore, and upon your landing you are 
 to pay flritl Obedience to the printed Regulations, which you will find at the 
 Office of the Superintendant of Marine; in Failure of which your Ship will not be 
 admitted to an Entry at any Britifli Port in India." 
 
 IV. A Veffel is to remain conftantly ftationed in the Mouth of the ITarbour to PreetuCmutoht 
 communicate according to thefe Regulations with every Ship under Foreign Co- luTJmh;fR'^"u\^ '^ 
 lours which may be entering, and to enjoin her to anchor until the Infpefling lim un th< Arm-ai rf 
 Officer fhall come on board and make the necellary Inquiries ; and a Guard Boat °"'?' VcfleU. 
 
 is to remain along-fide of each Foreign Ship thus importing, until removed by 
 the projier Authority, and while there, to prevent any Boat whatever from either 
 getting on board of her from the Shore or from proceeding to the Shore from the 
 Ship, 
 
 V. On the flrange Ship anchoring as above, the Infpecting Officer is to pi'o- Ti.einfpe^imgOffirar 
 ceed on board, and to examine and muder the Ci-ew and PafTe'ngers according to ba^,Vd°<rr«mi« 
 xhd Lifh, which fliall have been prepared under the Signature ol the Coinmaader m* mufier th: crew 
 and that of his Chief Officer. '"\ ^'^"•i^"- 
 
 VI. If on this Mufter, and fuch further Examination as ihe Infpedins; Officer The veflei to fce 
 fliall deem necelfary, he fliail not obfcrve any fufpicious Perfoiis 10 b^ on board, byTh'eVTo,'!'S,"u'^' 
 he is to authorize the Pilot to bring the Ship to her Mooring, and ivturn to the fuipidous Pcnbo ke dif. 
 Shore with his Report to the Superintendant of Marine, enjoining the Guard Boat o^m'^nxid^n «id» 
 alongfide to fxert its ufnioft Vi-ilance in preventing any Perfon from quitting the the shore burs how- 
 Ship, or proceeduig on bouid of her. ' ""'r"*'"' 
 
 VII. In
 
 iCo 
 
 REGltt/ATIONS UFXATING TO 
 
 ThcGuarc! Bo.it to be re- 
 ^oT£-d fhoiild the Super- 
 inteiidautbe iatisfiedwith 
 the IiifpttHng Officer's 
 Report, or otherwile to 
 reprefcnt; tha M^ter ^o 
 the Govetiior. Ty^rjj. "' 
 Cominunicittonrto ke ! 
 ln:ideby the fisSptfin- ^ 
 tendant to dit ^'Itom 
 JMa.ler, oa chC Removal 
 of the Guard Boat. 
 Conduit to,be,^birved 
 «n the Octaiioh lifany 
 • Violation 6f tTie Re^u- 
 laticns in .quert'oa. 
 
 ^. .Such of the.QiJ.cetfiand 
 ..Crew of any Foreigh 
 
 .■>,,, 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 
 <illr appear in Ferfon or by Vakeel, to make Anfwer to the Plaint againll him in the 
 .'^ Suit aforefaid, on the being the Day on which his Appearance 
 
 has been required in the faid Court ; and further, that the faid Defendant fhall 
 ,.Vj>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
 
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