■^ UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY V ., THE LAW KET.ATIVn TO I N D I A, THE EAST-INDIA COMPANY. Frinteil by J. I,. Cox and Sons, 75j Great Quecn-strect, Lincoln's-lnn Fields. THE LAW BKLATING TO INDIA, THE EAST-INDIA COMPANY NOTES AND AN APPENDIX. SECOND EDITION. LONDON: Wm. U. ALLEN & CO., LEADKNIIALL STlU'.K'l' 1841. PREFACE TO THE SECOND EDITION. The Second Edition of this work has been undertaken under circumstances to which it will be proper briefly to refer. At the General Court of Proprietors of East-India Stock, held on the 17th of June last, the work was noticed in terms of warm commendation, and several Members of the Court having expressed a wish that Copies should be sup- j)lied to the Proprietors, the Chairman intimated that measures would be taken for the purpose. The Court of Directors, with the concurrence of the President of the Board of Commissioners for the Affairs of India, having there- u|)on been pleased to extend their approbation to the design, the present revised and enlarged edition of the work was forthwith comnunccd. Tln' greatest care has been taken to render it not altogether unworthy of the distin- guished favour which it has obtained. Every part of the work has been care- fully examined with a view to the total exclusion of error; many new notes have been introduced ; the Acts of the British Parliaincut ;in.' brought clown to the close of the last Session, and those of the Government of India to the latest period to which they have been received. Many otiier additions have been made, tending greatly to increase the value of the work. Among the more important may be mentioned thr introduction, at tiic suggestion of an influential Proprietor, of the By-Laws of tiie Company. It will aL^o be observed, that the Statutes affecting the Queen's Courts in India, and the VI Ecclesiastical Establishment in that country, are now illustrated by the inser- tion of the necessary portions of various Letters Patent from the Crow^n, under which their respective authorities are exercised. The practical utility of a work liiie the present must greatly depend upon the facilities of reference which it offers. Under this impression, a new Index has been prepared for the present Edition, which, whether in regard to accu- racy, copiousness, or convenient arrangement, will, it is confidently hoped, be found entirely satisfactory to all who may have occasion to consult the work. London, 9fh December, 1840. PREFACE TO THE FIRST EDITION. The present work was undertaken from a conviction, the result of expe- rience, of the necessity of such a publication. The laws affecting India and the East-India Company are dispersed through more than a hundred volumes of the Statutes: they are to be found, in some cases, in entire Acts of Parliament of great length, specially devoted to the subjects; in others, in scattered provisions, surrounded by enactments apply- ing to objects and interests totally unconnected with India. A very large portion of what once was law has ceased to be so, either from having been directly repealed, or being substantially at variance with subsequent Acts of the Legislature. Of that which still remains in force, much has been limited, extended, and in various respects, modified by later provisions. No one therefore, referring to any one enactment relating to the point upon which he sought information, could rely upon that which he found imtil he had collated the provision before him with all others existing on the subject, and from a comparison of the whole deduced the present state of the law. Many years have elapsed since any collection of the laws relating to the East-India Company appeared, and in the period that has succeeded since the publication of the latest work on the subject, changes greater and more important than any which the Company had j)reviously experienced, have taken place. On this account, little assistance could be derived from pre- ceding works in preparing the present. A careful search throughout the whole of the Statutes was indispensable, as well as a careful com|)aris()n of such parts as bore on the subject. The time, labour, and thought, demanded by the task, were great, and the duties imposed by the undertaking were not unfrequently of considerable delicacy. Its execution, howevt-r, will, it is vm hoped, afford what was previously wauling — a guide to the state ot the Law relatiii"' to India and the East-India Company. The neeessity of seeking through the Statutes at large for the various provisions on any subject will be removed, and the inquirer will here find the entire law presented to his view. A reference to the Index will afford a direction to every Act and Section relating to any given point, while the illustrative notes which are attached to the more important enactments, will answer the purpose of a Digest of the Law upon the subjects to which they relate. A few of the more recent Acts of the Government of India, to which the opportunity of reference might be desirable, have been placed in an Appendix. After adverting to the magnitude of the labour necessary to the completion of this Volume, it would be unjust to refrain from noticing the means by which that labour has been lightened and its ends facilitated. Access has been afforded to a series of valuable legal opinions given by Mr. Lawford, Solicitor to the East-India Company, and by their present and former stand- ing Counsel ; as well as by other distinguished members of the profession, some of whom now occupy the highest judicial stations in her Majesty's Courts at Westminster. The assistance afforded by Mr. Melvill, the Secretary of the East- India Company, calls for distinct and grateful acknowledgment. The interest which he has taken in the progress of the work, and the valuable suggestions made by him for its improvement, have greatly added to its comprehensiveness and utility. U^ndcr these circumstances the work is submitted, in full confidence that, upon all material points, entire reliance may be placed on its accuracy and completeness. London, Wi March, 1840. THE L AW BKI.ATING TO INDIA EAST-INDIA COMPANY. CHARTERS FROM THE CROWN. The first Charter for erecting an East-India Company was dated the 31st December 1600 ; a second Charter was granted to the orininal Company under date tlie 31st JNIay 1609 ; a third, 3d April 1661 ; a fourth, 5th October 1677; a filtli, 9th August 1683: a sixth, 12th April 1686 ; a seventh, 7th October 1693; and an eighth, 13th April 1698. In addition to these Charters, the Company obtained a grant, dated •J7th j\Iarch 1669, of the Island of Bombay, and another, 16tli December 1674, of the Island of St. Helena. The manner in which the corporate rights of the old Company were extinguished will be seen hereafter. King William the Third incorporated a second East-India Company by Charter, dated 5th September 1698. This Charter, after reciting an Act lately made and passed in Parliament, entitled " An Act for " raising a Sum not exceeding Two iNIillions nj)on a Fund for payment " of Annuities, after the rate of Eight Pounds per centum per Anmmi, "and tor settling a Trade to the East-Indies;" anil reciting also (he appointment of a Commission for receiving the subscriptions, the trans- mission into the Exchequer of the duplicates of the subscriptions lor two millions, (see 9 & 10 Wm. .'3, cup. 44, sec. 62, ami the nolo on a J 3 & 4 Wm. 4, cap. 85, s. 11), the incorporation of the " General Society on the third of the instant month, and the desireof the Snbscribers to be united in a Joint Stock, proceeds to endow the Company with various privileges, and to make various provisions for its regulation. From the following selection of parts of this Charter every thing of temporary application, or whicli has been annulled by later authority, is excluded, except so far as it was inseparable from matter necessary to be retained, or requisite for its explanation ; and in such cases the additional matter is distinguished by being printed in italics. The Subscribers in- Now know ve, That in pui'suance of the powers and clauses for this purpose contained in corporated. ^^^^ ^^:^^ ^^^ ^^ Parliament, and of our gracious promise and declaration made in and by our said commission or letters patent, whereby the subscriptions and contributions on the said Act have been promoted and encouraged: and by virtue of our prerogative royal, and likewise of our especial grace, certain knowledge and mere motion, we Iiave given, granted, made, ordained, constituted, declared, appointed, and established, and by these presents for us, our heirs and successors, do give, grant, make, ordain, constitute, declare, appoint, and establisli, That the said Subscribers herein last before particularly named, and every of them, and all and every person and persons, bodies politic and coi-porate, who, as executors, administrators, successors, or assigns, or by any other lawful title derived, or to be derived from, by, or under the same Subscribers, shall have and be entitled to any part, share, or interest of, or in the said yearly fund, by the said Act settled as aforesaid, or of, or in the proportionable annuities or yearly payments, issuing out of the said yearly fund, so long as they respectively shall have any such part, share, or interest therein, to be one body politic and corporate, hy the name of the English Comjxtny trading to the East-Indies, cnid them by the name of the English Company trading to the East-Indies, one body politic and corporate, in deed and in name, really and fully for ever, for us, our heirs and successors : we do make, declare, and establish by these presents, and hy the same name they and their To have perpetual successors shall have perpetual succession, and shall and may have and use a common seal, morsea*?" "*" " '^°'"' ^°'' ^^'^'^ "*^ °^ business and affairs of the said Company and their successors, with power to break, alter, and make new their seal from time to time, as to them shall seem expedient; and by the same name they and their successors from time to time, and at all times for ever hereafter, shall be able and shall be a body politic and corporate, capable in law to have, take, And may purchase pvu-chase, receive, hold, keep, possess, enjoy and retain to and to the use of them and their 'cTa'ttelt"" ^°°'^^' ""'' successors, any manors, messuages, lands, rents, tenements, liberties, privileges, franchises, hereditaments, and possessions whatsoever, and of what kind, nature, or quality soever ; and moreover to purchase and acquire all goods and chattels whatsoever, wherein they are not restrained by the said Act : and also to sell, grant, demise, alienor dispose of the said manors, messuages, lands, rents, tenements, privileges, franchises, hereditaments, possessions, goods and chattels, or any of tliem, and hy the same name they and their successors shall and may ^^Powertosueandbc sue and implead, and be sued and impleaded, answer and defend, and be answered and defended in Courts of Record, or any other place whatsoever, and before whatsoever judges, justices, officers, and ministers, of us, our heirs and successors, and in all and singular pleas, actions, suits, causes, and demands whatsoever, of what kind, nature, or sort soever, and in as large, ample, and beneficial manner and form, as any other body politic and corporate, or any other liege people of England, or other our dominions, being persons able and capable in law, may or can have, take, purchase, receive, hold, keep, iwssess, enjoy, sell, grant, demise, alien, dispose, sue, implead, defend, or answer, or be sued, impleaded, defended, or answered, in any manner or wise ; and shall and may do and execute all and singular other matters and things hy the name aforesaid, that to them shall or may appertain to do by virtue of the said Act or otherwise, subject nevertheless to the proviso and condition of redemption in the .Subjects of redemp- said Act mentioned, (1) a7id to all and every other restrictions, limitations, clauses, pro- uTihe \ci^'^i"o\\M visas, conditions, in the said Act contained, and to such other restrictions, covenants, agree- 3- cap. u, and this ments, matters and things, as are hereafter in these presents expressed. (1) [See note on sec. 74, of 9 & 10 Wm. 3. cap. 44.] The trade of the Company having been suspended, by Act 3 & 4 Wm. IV. cap. 85, the limits of the Charter, in that respect, are for the present unimportant ; but reference being frequently made to them for other purposes, it has been thought expedient to insert that part of the Charter in which they are defined. And our will and pleasure, is and we hereby for us, our heirs and successors, grant, direct, :\ray for ever here- and appoint that the said English Company trading to the East-Itidies, and their successors, ''^"^'' ^"^"'y ""'"''^ shall a7id may for ever hereafter hy themselves, or by such factors, agetits or servants, as they severally shall think Jit to intrust, freely traffic and use the trade of merchajidize in such places, and by such ivays and passages as are already frequoited, found out or discovered, or which shall be hereafter found out or discovered, as they severally shall esteem and take to be the Jittest and best for them, unto and from the East-Ifidies, into tiie countries and to and from the parts of Asia and Africa, and unto and from the islands, ports, havens, cities, creeks, towns, tast-lndics. and places of Asia, Africa, and America, or any of them beyond the Cape of Bona Esperanza to the Straits of Magellan, where any trade or traffic of inerchandize is or may be used or had, and to and from every of them. After various provisions, temporary and commercial, the following occm-s : And that the Directors of the said English Company trading to the East-Indies, and \n account to be their successors for the time beinij, do and shall ffive in and deliver unto us, our heirs and 'li'ivcicd yearly m the ^' ^ . 1 i- /-v 1 niomh of October to successors, in our or their Privy Council, yearly and every year, m the month of October, a tiie Privy Council on true account or inventory, fairly written, and signed by two or more directors of tiie sail! "'''"• Company for the time being, containing the nature, quantity, tjuality, value, aiul prime cost of all such goods of the growth, product, or manufacture of this our Kingdom of England as in the last preceding year have been exported by the said Company ; together witli the jjlacc, town, or pjrt, from wiieiice the said goods were exported to the East-Indies ; and that oath be made of the truth of sueli account or inventory by the proper officers or servants of the said English Company trading to the East-Indies, who shall keep tiuir l)ooks for tlie entry of goods outwards to the best of tlieir knowledge, and that none of (he said gootis or commodi- ties so exported shall be again landed in our Kingdom of England, dominion of AVales, or town of Berwick upon Tweed, or be carried to any country or place b\it unto the East-Indies, or some place witliin the limits aforemcntioneii. The remainder of the clause relates to the supply to the Crown of a certain quantity of saltpetre by the Company ; and the succeeding clause to the payment of Customs. The following; clause is the next in order. *& To maintain a mi- And we do hereby further will and appoint, That the said Company, hereby established, nister and schoolmas- ^^^ ^j^^j^. g^gcessors, shall constantly maintain a minister and schoolmaster, in the Island of tcr, at bt. Helena, anu - tit ' j* i y"r ministers nt their fac- St. Helena Q), 7vhe7i the said Island shall Come into the hands Or possessioii Of the same Com- toncs m InilKi, j^aiiy ; and also one minister in every garrison and superior factory, which the same Company or their successors shall have in the said East-Indies, or other the parts within the limits afore- said ; and shall also in such garrison and factories, respectively provide, or set apart, a decent an.iaciia])iainon every and Convenient place for Divine Service only ; a7ul shall also take a chaplain on hoard every ship ot 500 tons : ^j^.^^ ^cy^ which shall be sent by the same Company to the said East-Indies, or other the parts within the limits aforesaid, ivhich shall be of the burthen of five hundred tons, or upwards, for such voyas^e, the salary of which chaplain shall commence from the time that such ship livwhoni ministers to shall depart from England : and nioreo\er, that no such minister shall be sent by the same hn ai)provcd. Cbmpany to the said East-Indies, or other the parts within the limits aforesaid, until he shall have been first approved of by the Archbishop of Canterbury, or the Bishop of London, for the time being ; all which said ministers so to be sent, shall be entertained from time to time with all due respect. (1) [St. Helena was transferred to the crown by Act 3 & 4 Wm. IV. cap. 85.] (2) [In consequence of the suspension of the Company's trade, they have no mercantile shipping.] Tliey arc obliged to And we do further will and appoint, that all such ministers as shall be sent to reside in learn rortn;,niese and j,j(ji,, jjg aforesaid, shall be oblio'ed to learn, within one year after their arrival, the Portu- tJic native language. ' ' a ' j^ guese language, and shall apply themselves to learn the native language of the country where they shall reside, the better to enable them to instruct the Gentoos, that shall be the servants or slaves of the same Company, or of their agents, in the Protestant religion ; ajid that in case of the death of any of the said ministers, residing in the East-Indies, or other the parts within the limits aforesaid, the place of such minister, so dying, shall be supplied by otie of the chaplains out of the next ships, that shall arrive at or 7iear the place ichere such minister shall happen to die. (1) (1) [Vide the last note.] Sehooimasteri to be And we do hereby further will and direct, that the said Company, and their successors, shall, from time to time, provide schoolmasters, in all the said garrisons and superior facto- ries where tliey shall be found necessary. The tnenty-four Di- And for the better ordering, managing, and governing the affairs of the same Company, and teen tu be a Court. ' foi' the making, and establishing, a continual succession of persons to be the Directors of the same, we do, by these presents, for us, our heirs and successors, grant unto tlie said body politic, so called The English Company trading to the East-Indies, and to their successors, and do hereby ordain and appoint that there shall be, from time to time, for ever, (of the members of the said Company) twenty-four Directors, of and in the same Company, which Directors, or any thirteen or more of them, shall be and be called a Court of the Directors, for the ordering, managing, and directing the affairs of the same Company and Corporation, and shall have such powers and privileges as are herein-after mentioned. After naming the first Directors, and declaring tliat tliey shall con- tinue in office until the 15th March 1700, and until others shall be chosen, the Charter proceeds, — And we do further, by these presents, for us, our Iieirs and successors, give and grant Members may meet unto the said Eiinlish Company trading tu the Eaat-IncUcs, and tiieir successors, and we do '° d'oose Directors, ... and make by-laws. hereby ordain, will, and appoint, that it shall and may be lawful, to and for all and every the members of the same Company, hereby established, from time to time, to assemble and meet together at any convenient place or places, for the clioice of their Directors, and for making of by-laws, ordinances, rules, orders, or directions, for the government of tlie said Company, or for any other affair.s or business concerning the same ; and that all the members of the same Members so asscm- Company, or so many of them as shall be so assembled, siiall be and be called a General Com't'"' "''''* " *''"'^"'' Court of the said Company or Corporation, which Court shall assemble and meet at such times and in such manner as hereafter is directed ; and that all succeeding Directors of the All succeeding Di- same Company shall, from and after tlie said twenty-fifth day of March one thousand seven bmvecn25tb of Marr hundred, be ye«rZ?/a?2(i successively chosen, and for ever, out of the members of | the same and 25th oi .April. Company, on some day or days, time or times, hctiveen the t/venfy-Jiffh day of March and the twenty -fifth day of April in each year, (1) by the majority of votes of all and every the members of the same Company, having then each of them Jive hundred pounds, or more, share or interest in the stock of the same Compajiy, (1) n7id who shall be persojially presnit at such electio7is, (1) each of them to have and give one vote, and no more (1); and tiiat every None to give more particular Corporation or body politic, that shall have^'ye himdred pounds, or more, share or ' ""' °"* ^°"'" interest, of or in the stock for the said Company in respect thereof, at every such election, and at all General Courts of the said Company, shall have one vote for the whole share or interest of Slick particular Corporation, or body politic, and 710 7nore(l); wliich votes, for .\ torpomtion may such f)articular ('orporations or bodies politic, shall and may be given by such person or persons p^"'' " *"" ^- " ''''" as shall be deputed thereunto, under the common seal, or connnon seals, of such particular Corporation, or bodies politic, respectively; and the said succeeding Directors so chosen, shall severally and respectively continue in their res])ective ofliccs or trusts, to which they shall be severally elected, for o?ie year {I), and till others shall be duly chosen and sworn into their places respectively'. (1) [The time of election has since been restricted to a particular day (17 Geo. 3, cap. 8. sec. 1), the time of holding office extended (13 Geo. 3, cap. 63, sec. 1), the qualification of voters raised (13 Geo. 3, cap. 63, sec. 3), the privilege of voting by letter of attorney granted in certain cases (3 and 4 Will. 4, cap. 85, sec. '27), and the nmnbcr of votes enjoyed by proprietors regulated by their amount of stock (13 Geo. 3, cap. 03, sec. 4). Provided nevertheless, that in case of death, avoidance, or removal of any of the Directors Tlie surviving Hi- of the said Company for tlie time being, the survivors ot tliem, or tlie majority ol those ^j^^ ji,.,,,!,/,* to ilect remaining in their office, shall and may at any time assemble togetlier the Members of the other nirccu.r» in ., „ . 1 . 1 , .1 1 nr 1 !■.• 1 . . • mom ul liny difiawil, said Company, in order to elect otiier persons, liy J\leml)ers (|uahlied to voti', in manner ri-movol, or avoided. aforesaid, in the room of those then dead, removed, or avoided. (1) (1) [See the last note.] Forms of" oath and affirmation follow, to be taken by members of the Company before voting, but they are framed with reference to the then existing qualification of £500 stock. The 13 Geo. 3, cap. 63, sec. 6, prescribes a new form adapted to the enhanced qualification. The Charter adds : — Deputy of a Corpo- Provided also, that such person or persons as shall be deputed as aforesaid, to vote for any oath" to The^best'^ol particular Corporation, or body politic, making the like oath or declaration (mutatis mutan- their knowledge. dis), to the best of his or their knowledge and belief, for or on the behalf of such particular Corporation or body politic for whom he or they are to give such voice or voices as aforesaid, shall be capable of voting at any of such general courts as aforesaid. Two Directors em- And we do by these presents, for us, our heirs and successors, give full power and powered to administer authority, to any two or more of the Directors of the same Company, for the time being, to give and administer the said oaths and declarations to the said members and deputies, and No person to be a do hereby order and direct them to administer the same according!}' : Provided also, and we do ?2 00o''^s'tock^''in''hi's ^'^''^'^y' ^°^ US, our heirs, and successors, constitute, ordain, and appoint, that no person shall own right, be capable of being chosen a Director of the said Company, who shall not, at the time of such choice, be a natural-born subject of England, or naturalized, and shall not also then have in his own name, or in liis own riglit, and for his own use, two thousand pounds or more in the nor to continue longer ^^id stock ; and that no Director or Directors shall continue in his or their respective offices, tlian he keeps the longer than the continuance of such their respective interests and stocks, in their own names and rights, and to their own uses respectively; but upon parting with, or i-educing his or their respective shares or interest in tlie said stock, to any lesser sum or sums then as aforesaid, the said respective offices or places of such Director or Directors, so parting with, reducing, or diminishing their said shares or interest, as aforesaid, shall cease, determine, and become vacant, and others shall be chosen in their room, by a General Court of the same Company. Some regulations respecting the oath to be taken by Directors, which follow in the Charter, are here omitted, having been superseded by the 33d Geo. III. cap. 52, sec. 160. Directors to give an And furthermore our will and pleasure is, and we do hereby for us, our heirs and successors, at^d'serv'uitr''^ ''^^'"^ ordain and appoint, that the said Court of Directors shall have power and authority to admi. nister an oath to all the inferior agents or servants that shall be employed in the service of the same Company, for the faithful and due execution of the several places and trusts in them reposed, in the words or to the effect following (that is to say) : " I, A. B. being elected into the office or place of Treasurer to the English Company " trading to the East-Indies, do swear, that I will be true and faithful to the said Company, " and will faithfully and truly execute and discharge the said office or place of Treasurer to " the utmost of my skill and power. So help me God." iififd^n"ieirdays,''t"he '^"'^ ^^^ ^^^^ °^''^ ^° ^^'^ °''^^'" "g^'nts and servants (mutatis mutatidisj: and in case any piuce to be void. ' person heieby nominated, or hereafter to be elected a Director as aforesaid, shall for the space of ten days after such nomination or election neglect or refuse to take the respective oath or declaration hereby appointed to be taken as aforesaid, or shall refuse or neglect to take upon liim his or their offices, that then, and in every such case, the office and place of every such person so neglecting or refusing shall become vacant, and others shall be chosen in tlieir places by a General Court of the said Company. And \\x- do hereby will and appoint, that the said Directors, or tlie major part of tlu in for Tour General Courts the time being, shall from time to time, and they are hereby required so to do, to summon '° '"' '"^''' '" " ^'^'"'' and apjKjint four General Courts at least in every year, whereof one to be in the month of December, another in the month of March, another in the month of June, and another in the month of September. And we do further will and appoint, that if at any time or times there shoidd be a failure In failure thereof, of holding a General Court in any of the said months, by default of the Directors, or the ^^"^^ ^^'^ctors may » -^ ' -' ' summon. major part of them, that then and so often, and in every such case, three or more of the Directors of the said Company shall and may summon and call a General Court, which sliall meet and be holden in the month next coming after the month in whicii the same should have been holden upon the summons of the majority of the Directors aforesaid. And moreover, we do by these presents, will, direct, and appoint, that the said Directors, a General Court to or the maior part of them for the time being, shall from time to time, uiion demand to be ^J summoned on the 11- /■ 1 • 1 11- .11. aemaiitl of nnie mem- made by any nnie or more ot tlie said members, having each of them five hundred j)i)unds, or bers, within ten days: more interest or share of the said stock, within ten days after such demand, summon and call such General Courts to be held of the members of the same Company qudlified for electors as aforesaid ; (1) and in default of the said Directors, or the major part of them, to summon and and in default, the said call such Court, it shall and may be lawful to and for the said nine or more members, haviiio- """^^ members may ^ •' , ' !? summon, each five hundred pounds stock as aforesaid, upon ten davs' notice in writing, to be fixed upon the Royal Exchange in London, to summon and liokl a General Court, and there to do and dispatch any business relating to the govertimeyit or affairs of the said Company, and to hear and debate any complaint that shall be made against any Director or Directors for misma- nagement in his or their office or offices ; and if such Director or Directors sliall not clear him or themselves of such complaint to the satisfaction of the major part of the members of the same Com])any in the said General Court assembled, that then witliin ten days another General Court shall be called, and held as aforesaid, of the members of the same Comj)any fjualified to vote as aforesaid, (1) finally to determine the same by the majority of their votes as aforesaid (1) who may remove or displace all or any of the said Directors for such misdemeanors and may displace any or abuse of tlieir offices, and elect and choose others in his or their room ifi manner before l''"^"'*''' ^"'' "•is"""- -' nagemcnt. prescribed ; (1) and in every such case where any Director or Directors shall happen to die or be removed, or his office sliall otherwise become void before the expiration of the term for which he shall have been elected, tlie major part of the members of the same Company to be assem- bled in a General Court, and being (pialified as aforesaid,{\) shall and may elect and cluKise any Other member or members of the said Company, qualified as aforesaid, into the office of such Director or Directors that shall so die or be removed, or whose office shall become void ; whicli person so to be chosen shall continue in the said office until the next usual time hereby appointed for election, and until others shall be duly chosen and sworn, unless he shall be removed as aforesaid. (1) [By 13 Geo. 3, cap. 63, sec. 3, no proj>rietor can vole at any Ge- neral Court unless possessed of i;-'],0()0 stock. See also a former note respectino' elections, ])age .5.] And, for the better ordering and managing of llie ad'airs of the same Company, we do bv 'he nirenorii. or these presents, for us, our iieirsand successors, grant, and we do liy tlie.se presi'iits wilI,autho- iui,„^_ j^r ,„„i ,.||„|| rize, and appoint, that the said Directors for the time being, or any thirtivn or more of them, ""■' "eeordinj; lo ihc ,,,,'•„ , ,, . . , , , , hy-lnwn, nml wlirro shall and may from time to time, and at all convenient times, assemhle and mci't together at tiiry are wnmiiiR. ^^«ll :uiv convenient place or places for the direction anil management of the affairs and busiiies.s of ''" ''1' '''"" '»>m'»^» "' 11- " the Coniiinnv, the same Company, and then and there to Iiold Courts of the Directors, for the purpose afore- said, and summon General Courts to meet as often as they shall see cause; and that the said Directors, or tlie major part of them so assembled, shall and may act according to such by- laws, constitutions, orders, rules, or directions, as shall from time to time be made and given unto them by the General Court of the said Company ; and in all cases where such by-laws, constitutions, orders, rules, or directions, by or from the General Court shall be wanting, the said Directors, or the major part of them so assembled, shall and may direct and manage all the aflairs and business of the same Company, in the direction of all the voyages of or for the same Company, and the provision of the shipping and merchandixes iherejmfo belong- ing, as also the sale of the merchandizes, goods, and other things returned in all or any the voyages or ships of or for the same Compa^iy, and in the transacting and handling of all other matters and things toucliing and concerning the same Company ; and siiall and may choose and appoint the agents or servants which shall from time to time be necessary to be employed therein, and to allow and pay reasonable salaries and allowances to the said agents and servants respectively ; and them, or any of them, from time to time remove or displace as they shall see cause ; and generally to act and do in all matters and things whatsoever, which by the said recited Act of Parliament shall or may be done, and in all matters and as ihey simiijudge ne- things whatsoever v.hich they shall judge necessary for the well ordering and managing of the """y- same Company and the affairs thereof; and to do, enjoy, perform, and execute all the powers, authorities, privileges, acts, and things in relation to the said Company, as fully, to all intents and purposes, as if the same were done by the whole Company, or by a General Court of the same ; subject nevertheless to such restrictions, limitations, rules, or appointments, as are con- taiu.xl ill the sad recited Act of Parliament, or in these presents in that behalf. The General Court And we do hereby for us, our lieiis and successors, grant to the said English Company '•allin's'in moneyTmlk- trading to the East-Iudies, that all and every the said members qualified for electors as afore- ing ilivideiuls, gj^jj shall liave full power, and they are hereby authorized in the General Courts or Assemblies aforesaid, by majority of their votes as aforesaid, to make and constitute reasonable by-laws, constitutions, orders, and ordinances from time to time, as well for raising, a)id calling in and «ayme;i/ of monies for an additional joint stock, for the better carrying on and managing the said trade, and for the applying utid proportioni?jg the prti/it, advantage, iuid gnvemment of the and produce arisi7ig by the joint stock and trade, as for the good governmeni of the said Company. trade to the East-Indies, and other the parts aforesaid, and of the factors, agents, offic^rs^ and others concerned in the same ; and to inflict reasonable penalties and punisiuncnts, by \ imprisonments, mulcts, fines, or amerciaments for any breach or breaches thereof; and to levy such fines, mulcts, or amerciaments to the use of the said Company and their successors, so that such by-laws be not repugnant to tlie laws of this our kingdom, and be confirmed and approved according to tlie Statutes in such cases made and provided; all which mulcts, fines, and amerciaments shall and may be recovered and received, to the only use and behoof of the s:iid Company and tiieir successors, without any account, or other matter or thing, to be therefore i-endered to us, our heirs or successors. (1) (1) [The existing by-laws will be found in a subsequent part of this volunie.] A provision which succeeds fixing the time for holding the first General Court under the Charter is here omitted. Hooks of account of Provided always, and for the ascertaining and limiting how and in what manner, and under the principal and acidi- , , ;, , . . , , i ^ i i jjv i .. i i • i ,i tioiii'.l stocli to be kept what rules, as well tlie principal stock or yearly fund as also any additional stock wlucli 11. e said Company shall acquire, or which any member or members thereof shall or may advance by an accountant, and or pay into the said Company, for the managing or carrying on the said trade, or the sliares '" ^^ ''*' '''"" "'"'''tf'l : ■ - , 1 , ,. 1 • xi • • 1 1 1 !• • 1 1 1 II , on outli if n-quircJ. or interests oi the several members of and in tlie principal and additional stock, shall and may be assignable and assigned, transferrable and transferred, by such person and persons, corpo- ration or corporations, as shall from time to time have any interest or share in the same ; we do hereby direct and appoint, that the same Company and their successors shall cause an accountant to keep a book or books in the public office or place of meeting of the same Com- pany, to be provided for tliat purpose, and therein fairly to enter or cause to be entered from time to time the amount as well of the principal joint stock of the same Company, as of such additional stock (if any be) as aforesaid ; the same to be by him attested upon oath, if required, which said book or books shall from time to time lie open to be viewed. And we do hereby for us, our lieirs and successors, pursuant and according to the power Method of mnkinR given unto us by the said Act of ParUament, order, limit, direct, and appoint, that the method ""^ ^'^''' and manner of making all assignments and transfers, as well of the said principal stock and fund as of the additional stock of the same Company, or any part thereof, shall be by an entry in the said book or books, signed by the party so assigning or transferring, in the words or to the effect following, viz. — " Memorandum, That I, J. B., this day of in the year of our Lord ")' "'c P"«on present. " do assign and transfer of my " interest or share (or being my share or interest) in the principal stock, and " in the additional stock and fund of The English Company trading to the East-Indies, and " all benefit arising thereby unto his executors, administrators, and assigns. " Witness my hand Or in case the person assigning be not personally present, then by an entry in the said book ^i' '^"'■■' of attornejr, or books signed by some person thereunto lawfully authorized, l)y letter of attorney or writing, duly sealed and attested by two or more witnesses in the words or to the cH'ect following, vix. « " Memorandum, That I, A. B., this day of in the year of our Lord by virtue of a letter of attorney from dated tlie " day of in the said year do in the name and on the beiialf of " assign and transfer of the interest or sliari' (or " being the share or interest) of tiie said in the |)rincipal stock and fund, " and in the additional stock of The EngHiIi Company trading to the East- " Indies, and all benefit arising thereby unto liis executors, administrator.s, " and assigns. " Witness my hand And that the entry signed as aforesaid, and no other way or method, shall be the manner and by no other tvay. and iikIIkmI used in the ])assing, assigning, or transferring the interest or share in the said stock and fund, and such transfer or assignment shall be good and available, and convey tlie wiiole estate and intcrist of the ])artv transferring or orilering thi' saiuf to be transferred. J'rovided always, that any ])erson iiaving any share or interest in tlie said stock and fund, .Si«rk mnybnlrvldtl may dispose or devise the same by iiis last will and testament, attotcil by thixv(l) or more !'J' "'''; '"" ''"•.•'•■»'- •'1 J ..11 ' r«''<'ivo or credible witnesses; but, however, that such devisee shall not transfer the same, or Ik- entitled tmiisf.T liii n nu'mci- to receive any dividend, initil an enliy of memorandmn t)f so much of the said will as relates "^ ' '• 10 to the said stock and fund to be made in the said book or books, to be kept by the said Company for that purpose. (1) U^y ^ Wm. 4 and 1 Vict., cap. 26, all property may be passed by will attested by two or more witnesses.] Incascofcciualityof And we do hereby will and appoint, that in all cases where there shall be an equality or dedde'cn.^fo't" *° ^^ equal number of votes in any general court, or in any Court of Directors, to be holden as aforesaid, the matter shall be determined by lots, which the treasurer for the said Company shall cause to be prepared and drawn for that purpose. (1) (1) [Restricted by 53 Geo. 3, cap. 155, sec. 77, to cases of elections to office or place where there shall be more than one candidate.] Business maybe done Provided nevertheless, that all matters and things which the said Directors, or the major by subcommittees. .^ ^^^ them, shall in manner as aforesaid, order and direct to be done by sub-committees, or other persons appointed under them, shall and may, by virtue of such orders, be done by the said sub-committees, or other persons so appointed. Some commercial regulations follow, which are not here inserted. The Company to have And we do, of our more especial grace, certain knowledge and mere motion, for us, our the government of all ]jei,.g g,,,^} successors, give and grant unto the said English Company trading to the East- tbeir forts, kc. and to ' '^ pi-,. liiiiii- appoint governors and Indies, that the said Company, for the tnne bemg, shall and may have the ordenng, rule, other officers: ^^^j government of all such forts, factories, and plantations, as shall be, at any time hereafter, settled by or under the said English Company, within the East-Indies, and parts before- mentioned, and shall and may name and appoint governors, and officers, from time to time, in and for the said forts, factories, and plantations, and them, to remove and displace at their will and pleasure ; and that such governors, and officers, shall and may, according to the and mayraise forces to directions of the said Company, raise, train, and muster such military forces as shall or defend the said forts, ,^gy ]jg necessary for the defence of the said forts, places, and plantations respectively ; the The .so\ereign right sovereign right, power, and dominion, over all the said forts, places, and plantations, to us, reserved. our heirs and successors, being always reserved. (1) (1) [Regulated by various Acts of Parliament, especially 33 Geo. 3, cap. 52, sec. 9 : 53 Geo. 3, cap. 155, sec. 80, 81 ; 3 & 4 Wm. 4, cap. 85, sec. 25, 42, 58.] Some directions, no longer in force, for the establishment of Courts of Judicature are omitted. The Company to en- And further, we do, for us, our heirs and successors, give and grant to the said English L^ d" ti "t ■I'l^'^c i'" Company trading to the East-Indies, hereby esta])lished, that they shall enjoy to all intents panyof ."Merchants did and purposes, all privileges in the City of London as fully as any company of merchants esta- tr do, CI may enjoy, blished by Letters Patents granted by us, or any of our predecessors, at present do or may enjoy or formerly did or might enjoy the same. All admirals, &c. to And further, we do hereby, for us, our jieirs and successors, charge and command, all and be assisting. singular admirals, vice-admirals, generals, commanders, commissioners of our customs, mayors, sheriffs, justices of the peace, con)ptrollers, waiters, searchers, and other officers, and 11 ministers, of us, our heirs and successors wliatsoever, to be, from time to time, in all thinfrs aiding, helping, and assisting, unto tlie same Company, and their successors, or any employed by them, upon request made, as they tender our displeasure. And we do, for us, our heirs and successors, grant and declare, that these our Letters This cimrter to be Patents, or the enrolment thereof, shall be in and by all things valid and effectual in the law fo"s'™ed in the most ,. , . , ■ I- ^1 r 1 11 1 1 . , "enpficial sense for the accorduig to tlie true mtent and nieanmg oi the same, ami sliall be taken, construed, and Company, adjudged in the most favourable and beneficial sense, for the best advantage of the saiil Company, as well in our Courts of Record as elsewhere, notwithstanding any non-recital, mis-recital, defect, uncertainty, or imperfection, in these our Letters Patents. The Charter is ordered to be passed without fine or fee, and con- chides thus : And we do hereby, for us, our heirs and successors, covenant, grant, and agree, to and Will grant any fur. with the said Company and their successors, that we, our heirs and successors, shall and will, "'?''.!''"'f''' po^yer^ »>»l „..,,,.,. privileges upon re- irom time to tnne, and at all times hereafter, upon the humble suit and request of the said a"est. Company and their successors, give and grant, unto them, all such further and other powers, privileges, authorities, matters and things, which we, or they, can or may lawfully grant, and as shall be reasonably advised, and devised, by the council learned of the same Companv, and their successors, for the time being, and shall be approved by our attorney, or solicitor- general, on our behalf. In witness whereof, we have caused these our letters to be made patents. Witness, Thomas, Archbishop of Canterbury, and the rest of the keepers and justices of the kingdom, at Westminster, tlie fifth day of September, in the tenth year of our reign. On the 22d July 1702, an Indenture Tripartite was made between Queen Anne of the first ])art ; the old Company of the second ])art ; and the new Company of the third part. The object of this was the union of the two Companies at the end of seven years. Several of the covenants are of temporary interest, and the greater part of them relate to trade. By the seventeenth article, the Queen grants that the General Courts of both Companies and their Sub-managers shall have the sole government of their forts ; that they may coin foreign money in India; and that the old Company may convey Bombay and Saint Helena to the new Company. By the other articles the old Company covenant to surrender their Charters in two months after the exjjira- tion of the said seven years into the Queen's liand, and the Queen engages to accept of such surrender; and from tlicncefbrtli the new Company is to l)e called T/ic Unilcd Comjxini/ of Mcrrlianlx of England trading to the Eaut-Indics, whose affairs shall be conducted by (heir own sole Directors, agreeable to their Charter of the tenth ol' King c 2 12 William the Third. And lastly, the Queen declares that this Inden- ture shall be construed in the most favourable sense for the advantage of both Companies. By Indenture Quinquepartite, dated 22d July 1702, made between various parties, the old Company conveyed to the new Company all their forts, settlements, and dead stock of every description. By Deed Poll, dated 29th September 1708, under the hand and seal of the Lord High Treasurer the Earl of Godolphin, made in pursuance of an Act of the sixth year of Queen Anne, stating, that the two Com- panies being desirous that a speedy and complete union might be had and perfected, pursuant to the before-mentioned Indenture Tripartite, Iiad agreed to refer all matters in dispute concerning the same, and the completing the said union, unto the final determination of the said Earl, the Earl having thereupon heard both parties, made an award by virtue of which the union was completed. And by Deed Poll enrolled in Chancery, dated 22d March 1709, the old Company, in pursuance of Lord Godolphin's award, and for the entire extinguishment of their corporate capacity, gi*anted, surrendered, yielded, and gave up to the Queen, her heirs and successors, their cor- porate capacity or body politic, of Governor and Company of j\ler- chants of London trading into the East-Indies, and all their charters, capacities, powers, and rights whatever, for acting as or continuing to be a body politic or corporate, by virtue of any Acts of Parliament, Letters Patent, or Charters whatever. By 3 & 4 Wm. 4, cap. 85, sec. 3, it is enacted, that in all suits, pro- ceedings, and transactions whatsoever, the Company may be called "The East-India Company." O&lOWji.III. Cap. 44.] 13 STATUTES. 9 & 10 GULIELMI III. Cap. XLIV. An Act for raising a sum not exceeding two niiUiona, upon a Fund for prn/me/it of Annuities, after the rate of eight pounds per centum per annum, and for set- tling the Trade to the East- Indies . LXII. And be it further enacted by the authority aforesaid, that if the said wliolc sum of i'crsons entitled to two millions, or one moiety, or any greater part tliereof, shall be subscribed on or before the P»«i':"'a'' shares in the .. -IIP principal stock of said mne-and-twentieth day of September, one tliousand six hundred and ninety-eight, and all " The General Society or any corporations, or other person or persons, having particular shares or interest in the prin- [llges'i^ivc'n'by an Act cipal stock of the said General Society, or in proportionable annuities or yearly payments issuing of Parliament for nd- out of the said yearly fund, sliall be willing and desirous to unite or join together such their ceedi'ng "wo"\ri'i'l lions several shares and interests, and to be incorporated so as they may be able to manage their •"■" ''"•" si"'i« of the i /• • 1 • • V /-. 1 1 ■ ■ 1 • 1 11 Crown of Eii;;l»nd," trade (m proportion to their interests) as a Company, and by a joint stock, that then it shall or may be incorporated may be lawful to and for his Majesty, by Letters Patents under tlie Great Seal of Kiisilaiul, '"'" " C""'!'""^: }" y •' ' . .-^ ' trade with a joint to incorporate all such persons and corporations by such proper name jis liis IMajesty, his stock, &c., by such heirs or successors, shall think fit, to be one Company, with power to manage and carry on M°ie"v"h"irtli'hik fit* their trade to the East-Indies, and other the limits aforesaid, by a joint stock, and to have a perpetual succession, and a common seal, and with power to grant and take, sue and be sued, and to choose their own managers or directors, and officers, from time to time, and such other powers and clauses, as shall be necessary or re([uisitc for the carrying on of such trade, and shall be reasonable for his IMajesty to grant ; nevertheless, such Company, so to be created with power to trade with a joint stock, as aforesaid, shall be restrained to such proportion of tile trade in the whole, as all the particular members thereof would have been entitled to at the rate Ix-fore mentioned, in case such new Comj)any were not made, and the directors or ma- nagWs, and other members of the same, shall be subject to such further rules, qualifications, and apfjointments, as his Majesty in their Charter shall tliink necessary or reasonable to be inserted. (1) (1) [Although the commercial character of the Company is in abey- ance, it has been deemed necessary to insert this section to ehiciilate the Charter of William III, that charter having been granted luuler tlie authority of this Act. See the note introducing the extracts from the Charter.] LXVII. And be it further enacted by the authority aforesaid, that it shall and may be law- (Jiiurul .Socicii... ^r. . ^1 « . • .1 • 1 may make liy-luMn. ful to and for his Majesty, by the said Charter or Ciiarters of incorporation, to empower the saul General Society and their successors, and such Comp.iny as tliall be erected to trade with a joint stock, as aforesaid, and their successors, or eitlier of them, severally, to make rea>on- 14 [9 & 10 Wm, III. Cap. 44. able laws, constitutions, orders, and ordinances, from time to time, for the good govern- ment of the said trade to the East-Indies, and other the parts aforesaid, and of the traders, factors ao-ents, officers, and others concerned in the same, and to inflict reasonable penal- ties and punishments, by imprisonment, mulcts, fines, or amerciaments for any breach or breaches thereof, and to levy such mulcts, fines, or amerciaments to the use of such Gene- ral Society or Company respectively. Stocks esteemed LXXI. And be it further enacted by the authority aforesaid, that the estates, interests, and personal estates. stocks of money of the several corporations to be created or established in pursuance of this Act, and of each and every particular member thereof, shall be and be adjudged, taken, and accepted, in construction of law by all judges, and in courts of law and justice, and in all courts and places whatsoever, to be a personal and not a real estate, and shall go to the executors or administrators of the person or persons dying possessed thereof, or entitled there- unto, and not to the heirs of such person or persons ; any law, statute, usage, or custom, to the contrary notwithstanding. Ammitiesout ofthe LXXII. And be it further enacted by the authority aforesaid, that the several annuities yearly fund, and shares navments issuinff out of the said yearly fund, or the shares, parts, or interests of any mem- in trade, &e. exempt r J o « , • i U / i i • i? i • » from taxes. bers of the said General Society, or of the said Company, to be erected by virtue or this Act, of and in the principal or capital stocks of the same, or of or in the benefit of trade to be annexed thereunto, in pursuance of this Act, during the continuance of the same, shall be and are hereby exempted from any taxes, rates, assessments, or impositions whatsoever. No member, in re- LXXI V. And be it enacted, that no member of any society or company to be erected in pur- speci of his stock only, gugi^ce of this Act shall, in respect of his stock therein only, be or be adjudged liable to be a shall be adjudged a ' t "^ , . bankrupt. Stock not bankrupt, within the intent and meaning of all or any the statutes made against or concerning liable to foreign attach- bj^nj^^j-yptg . ^^^ jj^at ,.,q ^^^f,]^ }„ sxich society or company ^hall be subject or liable to any foreign attachment by the custom of the city of London, or otherwise. ment. 8 & 9 W. 3, c. 20. LXXV. And whereas by an Act of Parliament made in the eighth and ninth years of his Majesty's reign, intituled, An Act for makiny yood the deficiencies of sei^eral Funds therein mentioned, and for enlarging the capital Stock of the Ba?ik of England, and for raising the puhlic credit, it is (amongst other things) enacted, that during the continuance of the Corporation of the Governor and Company of the Bank of England, no other bank, or any other corporation, society, fellowship, company, or constitution, in the nature of a bank, shall be erected or established, permitted, suffered, countenanced, or allowed by Act of Par- liament, within this kingdom, as in and by the said Act more at large may appear : Now, for the better securing the privileges of the said Governor and Company of the Bank of England, granted to them by Parliament, and to prevent the corporation or corporations, society or societies, fellowship or fellowships, company or companies, constitution or constitu- tions, which shall or may be estabhshed by virtue of this Act, from interfering with, or being prejudicial to, the said Governor and Company of the Bank of England : Be it enacted by Not lawful for the the authority aforesaid, that it shall not be lawful to or for the corporation or corporations, S,n'mv''uny''snmT'on society or societies, fellowship or fellowships, company or companies, constitution or consti- credit of the funds by tutions, which shall or may be established by virtue of this Act (as a corporation, society, gian e , fellowship, company, or constitution) to borrow, owe, or give security for any sum or sums of money, on credit of any public fund or funds hereby granted, or any part thereof; and that nor to borrow any it shall not be lawful for the said corporation or corporations, society or societies, fellowship or ployed'^in'trade.''" '^'^ fellowships, company or companies, constitution or constitutions, which shall or may be established by virtue of this Act, to borrow, owe, or give security for any other or greater 9& lOWii.III. Cap. 44.] 15 sum or sums of money, than such as shall be really and bo7id Jide expended and laid out in and for tiie buying of goods, bullion, or commodities to be exported for the ]iroper account of the said corporation or corporations, society or societies, fellowsiiip or fellowships, com- pany or companies, constitution or constitutions, which shall or may be established by virtue of this Act, or shall be otherwise employed in their trade; all which sum or sums of money, Alonits ^ha'l u- bor- so to be borrowed for the purpose aforesaid, shall be borrowed only on their common seal, and common'seil "" i'***'' shall not be made payable, or ho7ia fide agreed to be paid, at any time less than six months from made payable in ies« the time of the borrowing thereof ;(1) and that it shall not be lawful for the corporation or cor- "'comp.™y""may not porations, society or societies, fellowship or fellowships, company or companies, constitution '•is'""""' ^l^ills of ox- or constitutions, which shall or may be established by virtue of this Act, to discount any cash^for any "person bills of exchange or other bills or notes whatsoever, or to keep any books or cash, of or for "'""soever, any person or persons, bodies politic or corporate whatsoever, other than only the proiier monies and cash of the said corporation or corporations, society or societies, fellowship or fellowships, company or companies, constitution or constitutions, which shall or may be esta- blished by virtue of this Act. (1) [See note on 34 Geo. 3, cap. 41.] Section 79 provides for the cessation of the Corporations created under this Act, and of the benefit of trade thereby given, on three years' notice after 29th September 1711. By the 6 Annce, cap. 17, sec. 6, this proviso was repealed, and by sec. 9 of the same Act, three years' notice after 25th March 1726 was substituted. The 10 Annre, cap. 28, continues to the Company its trade, franchises, privi- leges, and profits, and fixes the period of redemption of the del^t due from the state at the expiration of three years' notice after 25th JNIarch 1733. By 3 Geo. 2, cap. 14, sec. 11, the exclusive trade was continued till the end of three years' notice after 25th INIarch 173() ; and section 12 provides for the continuance of the Corporation. The 17 Geo. 2, cap. 17, sec. 13, makes the exclusive trade determinal)le on three years' notice after 25th jNIarch 1780, and section 14 provides for the continuance of the Corporation and common right to trade. By 7 Geo. 3, cap. 57, sec. 2, the territorial acquisitions and revenues then recently obtained were to remain under the Company till the 1st Feb. 1769. By 9 Geo. 3, cap. 24, sec. 11, the period was extended to 1st Feb. 1774. It was further extended by 13 Geo. 3, cap. 64, till certain advances of money were repaid ; and this having been effected, il was continued l)y 19 Geo. 3, cap. 61, sec. 1, till 5th April 1780; and by 20 Geo. 3, cap. 56, sec. 1, to the 5th April 1781. By 21 i'.vo. .'3, cap. 65, sees. 3, 4, 5, and 8, the exclusive trade and llie territorial possessions were secured to the Company till three years' notice alter 1st Manli 16 [11 & 12 Wm. III. Cap. 12. 1791 ; and sec. 6 reserves the rights of the corporate body, and of continuing to trade on joint stock. The 33 Geo. 3, cap. 52, renewed the Company's trade and government till three years after 1st March 1811 (sec. 73); section 74 reserving the Corporation, &c. The 53 Geo. 3, cap. 155, sec. 1 to 3, continued the Government and exclusive trade with China for a period expiring on three years' notice after 10th April 1831 ; but by sec. 6 opened that with India: section 4 provides for the continuance of the Corporation and right to trade. The 3 & 4 Wm. 4, cap. 85, renewed the term of the Company's Government, but suspended their trade, except so far as it might be carried on for the purposes of Government. 11 & 12 GULIELMI III. Cap. XII. An Act to punish Governors of Plantations in this Kingdom for Crimes bij them committed in the Plantations. AVhereas a due punishment is not ])ro\ ided for several crimes and offences committed out of tliis his Majesty's reahn of Enghmd, wliereof divers Governors, Lieutenant-governors, Deputy-governors, or Commanders-in-chief of plantations and colonies within his Majesty's dominions beyond tlie seas, have taken advantage, and have not been deterred from oppressing his Majesty's subjects within their respective governments and commands, nor from commit- ting several other great crimes and offences, not deeming themselves punishable for the same here, nor accountable for such their crimes and offences to any person within their respective governments and commands : for remedy whereof, be it enacted by the King's most excellent IMajestj', by and with the advice and consent of the Lords spiritual and temporal, and Connnons, in Parliament assembled, and by the authority of the same, that if any Governors, &c. of Governor, Lieutenant-governor, Deputy-governor, or Commander-in-chief of any plantation tiic' Z-.i piiiity o'l'^op- o*" colony within his Majesty's dominions beyond the seas, shall after the first day of August pression, &c. ,,,1,1 thousand seven hundred, be guilty of oppressing any of his Majesty's subjects beyond tlic seas, within their respective governments or commands, or shall be guilty of any other crime or offence, contrary to the laws of this realm, or in force within their respective govern- ments or commands, such oppressions, crimes, and offences, shall be inquired of, heard, and may be tried in Eiig- determined in his Majesty's Court of King's Bench here in England, or before such commissioners, and in such county of this realm, as shall be assigned by his Majesty's com- mission, and by good and lawful men of the same county, and that such punishment shall be inflicted on such offenders as are usually inflicted for offences of like nature connnitted here in England. 9 Axx. Cap. 21.] 17 6 ANNiE. Cap. XVII. An Act for assuring to the English Compauji trading to the East- Indies, on Account of the united Stock, a longer Time in the Fund and Trade therein meii- tioned, and for raising therehi/ the Sum of ticelve liundred thousand Pounds for carrying on the War, and other her Majesty's Occasions. Section 2 of this Act empowers the Company to borrow to a certain amount on their common seal, to enable them to advance money for the use of the Crown. See note on 34 Geo. 3, cap. 41. Sections 3 to 5, with a view to the same object, provide the means of increasing the capital stock of the Company. See note on section 1 1 of 3 & 4 Wm. 4, cap. 85. Section 6 repeals the proviso of redemption contained in 9 and 10 Will. 3, cap. 44, and sec. 9 substitutes a new one, for which see the note at the end of the quotations from the Act last referred to. (9 and 10 Will. 3, cap. 44.) 9 ANN.E. Cap. VII. Ax Act to disable any Person to be Governor, Deputy-governor, or Director of the Bank of England, and a Director of the East- Iinlia Company, at the same time. XI. And be it enacted by the authority aforesaid, that in all future elections of Governor, ^'""e '""y ^<^ Go- Deputy-governor, or Directors of the respective CorjHirations of the Bank of England, and of „or, or Director of the the United Company of Merchants of England trailing to the East-Indies, all and every ^'"''^ "'"' '■"^'-'n''"' 111111 1 /^ TA T^- «■ 1 ,-. . Compaiiv, at tin- smiie person or persons who sliall be elected Ijrovernor, JJeputy-governor, or JJirector of tiie Hank time. of England, shall, during the year for which lie or they shall be elected, be incapable of being chosen Director or Directors for the management of the affairs of the said United Company ; and all and every person or persons, who shall be elected a Director or Directors of the said United Company, shall, during the year for which he or they shall be so electa!, be incapable of being chosen a Governor, or Deputy-governor, or Director or Directors of the Bank of England. 9 ANNvE. Cap. XXI. Ax Act for making good Deficiencies, and satisfying the public Debts ; ami fir erecting a Corporation, to carry on a Trade to the South Seas, and for the encou- ragement of the Fisheri/ ; and for Liberty to trade in unwrought Iron irith the Subjects of Spain ; and to repeal the Acts for registering Seamen. LXI. And be it enacted by the authority aforesaid. That no perstMi shallhe capable of (iovcrnor.&o. not to •' . • 1 ■ II • '"■ Oovornor. He. of bcmg elected a Governor, Deputy-governor, or Director nt the saul niimtliil lorporation, ,1,^ iii,„k- or K»»t In- during tiie time that he shall be a Governor, Dci)utv-governor or Director of liih.rof the '"" Cv'"i'"''y '" <•"' t> ' I . o mune lime. U 18 [7 Geo. I. Cap. 21. respective Corporations of the Bank of England, or of the United Company of Merchants of Eno-land tradino- to the East-Indies, and every person who shall be elected a Governor, Deputy-governor, or Director of the said intended corporation, shall during the time lie shall be such Governor, Deputy-governor, or Director, be incapable of being cliosen a Governor, Deputy-o-overnor, or Director of either of the said respective Corporations of the Bank of Eno-landt or of the United Company of INIerchants of England trading to the East-Indies. 10 ANN/E. Cap. XXVIII. An Act for continuing the Trade and Corporation-Capacity of the United East- India Company, although their Fund should be redeemed. This Act repeals the proviso of redemption in 6 Ann. cap. 17, and substitutes another ; see note at end of 9 & 10 Will. 3, cap. 44. 7 GEORGII I. Cap. V. An Act^o enable the South Sea Company to ingraft Part of their capital Stock and Fund into the Stock and Fu/ul of the Bank of England, and another part thereof into the Stock and Futid of the East-India Cotnpany ; and for giving further Time for Payments to be made by the South Sea Company, to the use of the public. Section 32 of this Act relates to the borrowing of money by the Com- pany on bond ; see note on 34 Geo. 3, cap. 44. Part of sec. 33 relates to the same subject ; the remainder follows. XXXIII. And it is hereby provided and enacted by the authority aforesaid, * * East-India Company That it shall not be lawful for the said United Company of Merchants of England trading may not discount bills, t^ the East-Indies, or their successors, to discount any bills of exchange, or other bills or or keep cash for others. >■" " ' i /. /. i t i- • notes whatsoever, or to keep any books or cash of or lor any person or persons, bodies politic or corporate whatsoever, other than only the proper monies and cash of the same United Com- pany ; any thing in this Act contained to the contrary notwithstanding. 7 GEORGII I. Cap. XXI. An Act for the further preventing his Majesty's Subjects from trading to the East- Indies, under foreign Commissions ; and for encouraging and further securing the lawful Trade thereto ; and for further regulating the Pilots of Dover, Deal, and the Isle of Thanet. Company may ship XIII. And be it further enacted by the authority aforesaid, that the said United Company free ^such* duty n'ot ex^ shall for the future be allowed to ship out stores, provisions, utensils of war, and necessaries ceeding [i.300 in one for maintaining their garrisons and settlements, free of all duties, so as such duties, if they had been to be paid, would not have exceeded, or do not exceed, in any one year, the sum of three ^ hundred pounds. SGeo. II. Cap. 14.] 19 2 GEORGII II. Cap. XXV. An Act /qv the more effectual preventing, and further Punishment of Forgery, Perjury, and Subornation of Perjury; and to make it Felony to steal Bonds, Kotes, or other Securities for Payment of Aloney. II. And, tlitMiiorc efFeftually to deter ])crsons from committing wilful and corrupt perjury. Penalty for perjury or subornation of peijury, be it furtlier enacted by the authority aforesaid, that besides tlie "" ^^ ''"'*"°"- punishment already to be inflicted by law for so great crimes, it siiall and may be lawful for the Court, or Judge, before whom any person shall be convicted of wilful and corrupt perjury, or subornation of perjury, according to the laws now in being, to order such person to be sent to some house of correction within the same county, for a time not exceeding seven years, there to be kept to hard labour during all the said time, or otiierwisc, to be transported to some of his Majesty's plantations beyond the seas, for a term not exceeding seven years, as the Court shall think most proper; and thereupon judgment shall be given, that the person con- victed siiall be committed or transj)orted accordingly, over and beside such punishment as shall be adjudged to be inflicted on such person, agreeable to tlie laws now in being; and if trans- portation be directed, the same shall be executed in such manner as is or shall be provided by law for tiic transportation of felons; and if any person so committed or transported sliall volun- tarily escape, or break prison, or return from transportation, before the expiration of the time for whicii he shall be ordered to be transported as aforesaid ; such person being tiicreof law- fully convicted, shall suffer death as a felon, without benefit of clergy, and shall be tried for such felony in the county where he so escaped, or where he shall be apprehended. 3 GEORGII II. Cap. XIV. Ax Act for reducing the Annuity or Fund of the United East- India Company, and for ascertaining their Right of Trade to the East-Indies, and the Continu- ance of their Corporation for that purpose, upon the terms therein-}?ientioned. \'II. Rut nevertheless, and notwithstandinjr such redemption, be it further enacted bv the ^f'" rcdfrnption. „.,,,,, , , 1 11 1 •" f member.'; of the Com- authority atoresaid, tiiat all and every person and j)erson.s, wlio now are, or snail at tlie timeol pany to rontinuc a such redemption be entitled unto, or wlio now have, or shall have any part, share, or interest of, ^'^^ politic, in, or to the said three millions two hundred thousand pounds, or of, in, or to a proportionable part, share or interest in the said additional stock, stock in trade, or money paid for carrying on the same, or in the said forts, factories, settlements, lands, tenements, rights, lieredita- ments, possessions, estate or estates, of or belonging to the said United Conijiaiiy of IVIer- chants of England trading to the East-Indies, or unto whicli they are, shall, or may be entitled ; and all and every person and persons, bodies politic and corporate, who, as execu- tors, administrators, successors or assigns, or by any other lawful way or title derivi-d, or to be derived, from, by, or under them, shall have, or be entitled to have, any part, share, or interest, of, in or to the same, or of, in, or to any future or tither additional stock, stock in trade, monies, jiosscssions, rights, hercditaimnts, or estates, of or belonging to, or that shall or may be acquired, gained or obtained by the said United Company, or their successors, so long as they shall respectively have, or be entilKd to have, any such share, part or interest, shall be, and continue to be, a body politic and corporate, in deed and in name, by the name D 2 20 [3 Geo. II. Cap. 14. of The United Company of Merchants of England trading to the East-Indies, and hy tliat name(l) shall have perpetual succession, and a common seal ; and they and their successors, by the name aforesaid, (1) sliall be able and capable in tiie law to have, purchase, receive, enjoy, possess and retain to them and their successors, lands, rents, tenements and hereditaments, of what kind, nature, or quality soever, and also to sell, grant, demise, aliene, or disixjse of the same ; and by tlie same name (1) to sue and implead, be sued and impleaded, answer and be answered, in all or any courts of record, or any other place whatsoever, and to do and execute all and singular other matters and things, by the name aforesaid, (1) that to them shall or may apuertain to do, and shall have, iiold and enjoy all benefits, privileges, franchises, and rights, which by any former Act or Acts, or any Charter or Charters founded thereupon, the said United Company of Merchants of England trading to the East-Indies, might hold and enjoy which are not herein or hereby altered or varied ; and all and every person and persons, having at the time of such redemption of the said yearly fund of one hundred and twenty- eight thousand pounds, any. part, share, or interest of, in, or to the said principal stock of three millicms two hundred thousand pounds, and of, in, or to the said additional stock, stock in trade, and monies paid in for carrying on the same, and of, in, and to other the possessions, rights, estates, and hereditaments aforesaid, acquired or purchased by, or anyways belonging or appertaining to the said United Company of ^Merchants of England trading to the East- Indies ; and all persons, bodies politic and corporate, that shall or may at any time after derive from tliem any right or title to such monies paid in, stocks, possessions, rights, hereditaments, and estates, notwithstanding such redemption, shall have, and continue to have, and be entitled unto the same, and unto all future and other the stocks, monies, possessions, rigiits, hereditaments, and estates, to be acquired, gained, belonging, or to belong to the said United Company, and their successors, and to all benefits, profits, privileges, and advantages arising or to arise therefrom, in proportion to their respective parts, shares, and interests therein ; and the said parts, shares, and interests of such persons, of and in the same, shall and may be assigned and assignable, transferred and transferable, in such or the like manner, mutatis mutandis, as their respective parts, shares or interests of and in the said principal stock of three millions two hundred thousand pounds, and the additional stock thereto, or either of them are now assignable or transferable, or may be assigned or transferred. (1) [Under 3 & 4 Wm. 4, cap. 85, sec. Ill, the Company may in all transactions be called " The East-India Company."] To enjoy all priv i- X. And moreover it is hereby enacted by the authority aforesaid, that the said United Com- o7chfrt"is'' ^^ '^'"^ P'"^")' "^ Merchants of England trading to the East-Indies, shall at all times hereafter forever (subject as aforesaid) have, hold, and, enjoy, and be entitled unto, aU and every the profits, benefits, advantages, privileges, francliises, abilities, capacities, powers, authorities, rights, remedies, methods of suit, and all penalties and forfeitures, and disabilities, provisions, matters, and things whatsoever, which by any former Act or Acts of Parliament, or by any Charter or Charters founded thereupon, or by any clause or clauses in the said Acts, or Charters, con. tained, are enacted, given, granted, provided, inflicted, limited, established, or declared to, for touching, or concerning the said Company or body politic and corporate, either by the name of The General Society, entitled to the advantages given by an Act of Parliament for advanc- ing a sum not exceeding two millions for the service of the Crown of England or the said body politic and corporate, called by the name of The English Company trading to the East- Indies, or the said body politic and corporate now called by the name of The United Com- pany of Merchants of England trading to the East-Indies, and not by this Act altered, or intended to be altered, according to the tenor and true meaning of the said Acts and Charters 3 Geo. II. Cap. 14.] 21 freed and discharged from all provisoes and conditions of redemption and determination tiiercin contained, and tlie same and every of them are hcrehy ratified and confirmed, and shall continue to be held and enjoyed, and be practised and put in execution by the saiil United Company of Merchants of England trading to the East-Indies, and tiieir successors, for the better and more effectual settling and securing to them and their successors, the whole, sole, and exclusive trade to the East-Indies, and parts aforesaid, and for the preventing all his Majesty's subjects trading thither, and for securing also their possessions, estates, and effects, and governing their affairs and business in all respects, as fully and effectually, as if the same profits, benefits, advantages, trade, privileges, franchises, abilities, capacities, powers, autho- rities, rights, remedies, methods of suit, penalties and forfeitures, disabilities, provisions, mat- ters, and things, were severally repeated, and at large re-enacted in the body of this Act ; suiiject, nevertheless to such restrictions, covenants and agreements, as are contained in the said Acts and Letters Patent now in force, and not herein or hereby varied or altered, and subject also to the proviso following ; that is to say. The Proviso which forms section 11, reserves the power of termi- nating the Company's exchisive trade on three years' notice after -JSth of JNIarch 17-36 ; see note following the quotations from 9 & 10 Wm. 3, cap. 44. The succeeding section reserving the rights of the Cor- poration is here retained. XII. Provided always, and it is hereby further enacted by the authority aforesaid, that forpomtion to con- nothing in the above proviso, or in any proviso in the Act of the ninth year of the reign of his said Majesty King AVilliam the Third, or in the said Charter of the fifth day of September in 9 Wm. H, c. it. the tenth year of his said IMajesty, or in any other Act or Charter contained, shall extend or be construed to extend, to determine the Corporation of the said United Company of Mer- chants of England trading to the East-Indies, or to hinder, prevent, or exclude, the said United Com])any from carrying on at all times after such determination, of the right to the sole, whole, and exclusive trade, as aforesaid, a free trade, in, to, antl from the East-Indies, and jiarts aforesaid, with all or any jiart of their own joint stock in traile, goods, merchan- dizes, estate and effects, in common with other the subjects of his Majesty, his heirs and suc- cessors, trading in, to, and from those parts. (1) (1) \^Vi(le3 & 4 Wm. 4, cap. 85, sec. 3 & 4, for suspension of Com- pany's trade.] XIV. Provided always, and be it hereby further enacted by the authority aforesaid, that the Conipiiny not lo pur- .,-...,,, 1 11 1 1 11 • 1 1 • • 1 /• 1 • 1 • cliiisi- lands, S.o. ex- said United Company shall l)c, and are iiereby restrained and enjoined trom buying, i)urcliasing, cecding ilo.iKH) per enjoying, or possessing at any one time, any messuages, lands, rents, tenemints, or heredita- unnuni. ments, of what nature, kind, or (juality soever, in the kingdom of Great Britain, exceeding in the whole the yearly value of tin thousand pounds ; any thing herein, or in any former Act, or in any Charter granted to the saiel Company, in anywise not withstaiuiing. By subsequent Acts tiie Company were empowered lo purchase hnids and erect warehouses to a large extent. Since the suspension ol the Company's trade, the whole of the properly thus acuiiiifr (hull eight dividend, or to any other matter whatsoever, siiall be begun within a less space of time hours iiftcr hrcukiuc than eiglit liours after adjournment (l),or breaking up, of the Genend Coiut in wliieh it shall J'^' ,"! big, ,|, "„", ' Jw have been determined that sueli (juestion sliall be liecideil by balloting; anil that in no case """' twelve iit noon, the balloting shall be begun at a later liour of the day than twelve of tiie clock at noon, nor ^.m. closed at an earlier hour than six of the clock in the afternoon. (1) [By 10 Geo. 3, cap. 47, sec. 3, which will be Ibund on a subse- quent page, no Ijallot can take ])lacc in less than twenty-four hours after adjournment,] 24 [IOGeo. III. Cap.47. 7 GEORGII III. Cap. LVII. A^ Act fo}' establishh/g cm Agreement for the Payment of the amtual Sum of four hundred thousand Pounds, for a limited time, by the East-India Company in respect of the territorial Acquisitions and Revenues lately obtained in the East- Indies. Section 2 of this Act vests in the Company for two years, from the 1st February 1767, all the territorial acquisitions and revenues then lately obtained in the East-Indies. — See note following the extracts from 9 & 10 Wm. 3, cap. 44, in this collection. 9 GEORGII III. Cap. XXIV. An Act for carrying into Execution certain Proposals made by the East-India Company for the Payment of the annual Sum of four hundred thousand Pounds, for a limited Time, in respect of the territorial Acquisitions and Revenues lately obtained in the East- Indies. The second section of this i\ct confirms the Company in the posses- sion of the territory and revenues previously granted for five years from the 1st February 1769. — See the note referred to in connexion with 7 Geo. 3, cap. 57. 10 GEORGII III. Cap. XLVII. An Act for better regulating Persons employed in the Service of the East- India Company, and for other purposes therein mentioned. Geo. .3, c, W. III. And whereas, by one other Act of Parliament passed in the seventh year of the reign of his present Majesty, intituled " An Act for regulating certain Proceedings of the General Courts of the United Company of Merchants of England trading to the East-Indies," it was enacted, that no dividend should be made by the said Company, for or in respect of any time subsequent to the twenty-fourth day of June, one thousand seven hundred and sixty- seven, otherwise than in pursuance of a vote or resolution, passed by way of balloting, in a General Court of the said Company, which shall have been summoned for the purpose of declaring a dividend, and of the meeting of which General Court for such purpose, seven days' notice at least shall have been given in writing, fixed upon the Royal Exchange in London ; and it was thereby further enacted, that no balloting upon any question proposed in any General Court of the said Company, relative to any matter whatsoever, should be begun within a less space of time than eight hours after the adjournment or breaking up of the General Court in which it should have been determined that such question should be decided by balloting : and whereas the balloting for every dividend of the said Company, as prescribed by the last recited Act, would be attended with much inconvenience and delay, in cases where no alteration in the rate of the said Company's dividend is made or intended to 10 Geo. III. Cap. 47.] ■2i> be made : and whereas the time or space of eiglu hours tlitreby also prescribed for takintr such balloting in question, and not relative to the declaration of a dividend, is not sufficient to give the proprietors at large of tlie said C'oni]Mny's stock a full and fair opportunity to exercise their rigiit of taking such j)art in every such determination as tliev are entitled to by law ; therefore, for preventing the aforesaid inconveniences for the future, be it enacted by the authority aforesaid, that from and after the passing of tliis Act, when any half-yearly or other dividend of the said Com])any sluiU be voted and declared by a General Court of Proprietors, not varying or differing from the rate of the said Company's dividend for the last preceding half-year, that tlien and in every such case it sliall not be necessary for the said General Court of tlie said Company to proceed to a ballot respecting such tlividends . but that a declaration from the Chairman for the time being of the said Company of tlie voting and agreeing of the General Court of Proprietors to such dividend, shall be a sufficient notice and authority for declaring and making such dividend (1) ; and that frou) and after tlio passing of this Act, no balloting upon any question proposed in any General Court of the >;o i,.,i;„ij,|„ ,o i,p said Company, relative to any matter whatsoever, shall be begun within a less space of time l"?g"n wiUiin less ilmii than twenty-four hours after the adjournment or breaking up of the General Court in wliidi udiour'nmeiit'oi Gene- it shall have been determined that such question should be decided by balloting; any thing in ■""' Coun. the said last recited Act to the contrary notwithstanding. (1) [By 3& 4 Wm. 4, cap. 85, sec. 11, the rate of" dividend is fixed.] IV. And be it further enacted by the autliority aforesaid, tli at if any prison or persons Company's servants whatsoever, employed by or in the service of the said United Company, in any civil or '"., '''* l-"-t liidn's ' I J J ...... guilty of oppression or military station, office, or capacity whatsoever, in the East-Indies, or deriving or claiming oiliur crimes, any power, authority, or jurisdiction, by or from the said United Com])any, shall, after the passing of this Act, be guilty of oppressing any of his Majesty's subjects beyond the seas within their respective jurisdictions ; or in the exercise of any such station, office, employ- ment, power or authority, derived or claimed by, from, or under the said I 'nited Company, or shall be guilty of any other crime or offence ; sucli oppressions, crimes, and offences, sliall and may be intjuircd of, heard, and determined, in his -Majesty's Court of King's Bench in may be tried in tlic England; and such punishments shall be inflicted on such offenders, as are usually inflicted Courtof King's Hencli, for offences of the like nature committed in that part of Great Britain called England ; and offence coinmiiteJ in that the same, and all other offences committed against this Act, may lie alleged to be com- ^"o"''""'- initted, and may be laid, iiupiired of, and tried in tlie county of Middlesex. V. And lie it further enacted by the autliority aforesaid, that in all actions or suits, broujrlit ,-, e , , a ■' J ^ . . . llefenilaiits muyplciMl against the said United Company, their agents, or servants, or any jierson deriving autlioiity the geneml issue. under the said Company, for any thing by him or tiuiii done in such capacity, from ami after the passing of this Act, the defendant or defendants, in any such action or suit, may plead the general issue, and give the special matter in evidence. VII. I'rovided always, and it is iiereby enacted and lieclared, tliat tlie defendant or defcn- nefen.li.ni toil.ii>rr , , . , . " 1 ,1 1 ,. II- n- 1 • .ii' • 1 •• to plaintiff II notiec of dants, or his or their attorney, sliall deliver to tlie plaintiff or jilamtifls in every such action, ,h,,' ^„i,si„iici. of In* or his or their attorney, a notice in writing, signed by tiie defendant or defendants, or his or ileienoe, their attorney, of the substance of the defence or defences, which he or they inteiiil to rely upon, six days before the trial of such action, in case the same is to be tried in London or Midille.sex; and eight days before the trial thereof, in case the same is to be fried in any other county ; ami the defendant or defendants shall not, by virtue of tliis Act, be permitted, at tlie trial of aiiv ""'I 'li'" ""i tl>.- rvi- • ... , . (lenre ol any injilem such action, to give evidence of any matters not contained in .such notice. not euntnincil ihrrrin. E 26 [13Geo. III. Cap. C3. In reference to tlie three preceding sections, vide 13 Geo. 3, cap. 63, sec. 39 to 41 ; 24 Geo. 3, cap. 25, sec. 64 and 65 ; 26 Geo. 3, cap. 57, sec. 28. 13 GEORGII III. Cap. LXIII. An Act for establishing certain Regulations/or the better management of the Affairs of the East-India Company, as trell in India as in Europe. Preamble. Whereas the several powers and authorities granted by Charters to the United Company of Merchants of England trading to the East-Indies have been found, by experience, not to have sufficient force and efficacy to prevent various abuses which have prevailed in the govern- ment and administration of the affairs of the said United Company, as well at iiomeas in India, to the manifest injury of the public credit, and of the commercial interests of the said Com- pany ; and it is therefore become highly expcv ' nt that certain further regulations, better adapted to their present circumstances and condition, should be provided and established : and whereas the electing and choosing of Directors of the said United Company every year, in such manner as at present prescribed by Charter, has not answered the good purposes in- tended thereby, but, on the contrary, by limiting the duration of their office to so short a time, evidently tends to weaken the authority of the Court of Directors, and to produce instability in tlie councils and measures of tlie said Company : ]May it therefore please your Majesty that it may be enacted ; and be it enacted by the King's most Excellent Majesty? by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in At tlie next ensuing this present Parliament assembled, and by the authority of the same, that at the next ensuing general election, in- ^pj^gj-j^] election of Directors of the said United Company, instead of an election of twenty- stead of twenty-four & ,1,1111.1 for one year, there four Directors to serve for the space of one year only, there shall be chosen, in such manner rector'^s'' forth" ternf of a"^^ order as the Directors of the said United Company for the time being shall appoint, six one year; six for two Directors expressly for the term of one year, and six other Directors for the term of two years '; six for four years, and six other Directors for the term of three years, and the remaining six Directors for years; and so hereafter fj^g term of four years, and not otherwise; and from thenceforth yearly and every year, and at the expiration of each and every of the said terms respectively, six new Directors, and no more, shall be diosen, from time to time, in the place of such Directors whose term shall have expired, and who are hereby declared incapable of being then re-chosen ; and at every subse- quent election, during the continuance of the Charter of the said United Company, six new Directors shall be chosen, and shall continue to be Directors for the term of four years, and no longer, to be accounted from the day on which the election of such Directors was respec- tively made ; and in case the office and authority of any such Director shall become void by death, removal, or otherwise, another shall be chosen from time to time, in his place, to serve as a Director during the remainder of such term for which the person whose office shall have become void was chosen, and no longer. All transfers made III. And whereas it has been found that the provision made by the Charter of the tenth to ^qualify '^vote'rs""at y^^^' °^ ^^^^ reign of King William the Third, under which persons possessed of five hundred «'ections, pounds Stock are entitled to vote in General Courts, has been productive of much inconvenience in the present situation of the Company, and tends to promote the mischievous practice of making collusive transfers, which practice hath not been sufficiently prevented by the provi- sion made by an Act of the seventh year of his present Majesty's reign, whereby tiie right of voting is limited to persons having been six calendar months in possession of their stock ; be it further enacted, tiiat all transfers of stocks whatsoever made to any person or persons, in 13GE0. III. Cap.63.] 27 any fraiululent or collusive manner, on purpose to qualify iiim, her, or them, to p;ive liis, lier, or tlieir vote or votes, at any election of members of the Court of Directors, or in any fjencral Court of the said United Company (subject nevertheless to conditions or agreements, eitlier verbal or in writing, to defeat or determine such transfers, or to retransfer or return the same), shall be deemed and taken against those persons who transferred the same, as free and absolute, and be holden and enjoyed by all and every such person or persons to whom such transfer shall be made, as aforesaid, freely and absolutely acquitted, exonerated, and discharged, of and from all manner of trusts, conditions, powers of revocation, provisoes of redemption, or other defeazances between or with the said parties, or any other person or persons in trust for them ; and that all bonds, covenants, notes collateral, or other securities, contracts, or agree- and all ijomls, cove ments, between or with the said parties, or any other person or persons intrust for tliem, """fi'i/trustr'shliirie or any of them, for the retrausferring, redeeming, revoking, or defeating such transfer, or for null aiid void. tlie restoring or retransferring thereof, or any part thereof, to any person or persons who made such transfer, or to any other person or persons in trust for them, or any of them, shall be null and voiil to all intents and purposes whatsoever : And that every person to whom such transfer Penalty on persong shall have been made, and who shall have voted by virtue thereof, at any election of members tueVf' collusive 'iran'Il of the Court of Directors, or in any General Court of the said United Company, and who fcrs at any election, . 1. • and shall afterwards shall attcrwai'ds retransrer or return tlie same, in consequence ot any trust, contntion, powers retransfer the stock in of revocation, proviso of redemption, or other defeazance whatsoever, as aforesaid, shall, I'or ronsequence of any everv such offence, forfeit the sum of one thousand pounds; one moiety wliereot shall go and be disposed of to any person who shall sue for the same, and the other moiety to his jMajesty, his heirs and successors ; to be recovered, together with full costs of suit, by action of debt, bill, plaint, or information, in any of his IMajesty's Courts of Record at Westminster, wherein no essoin, privilege, protection, wager of law, or more than one imparlance, sliall be aihnitted or allowed ; and that from and after the first day of October, one thousand seven hundred After Oct. I, 1773, and seventy-throe, no member or proprietor of tlie said United Company shall be tie^'med !;°/.;™'';ieJ"'o'I'"',f Ui- qualified, or capable to vote, or be admitted to give any vote or votes, at any election ot rectors in respect of Directors, or at any General Court of the said United Company, in respect of any stock *^"^ tlMin™x'l'.Ixi')f nor amountino- to less than one tl)ousand lOTunds, nor in respect of any stock transferred to him, until h.- shall have 1 1 ,. . . 1 ,, , ,. ^ 1 1 1 1 11 1 . ^'■''■'" possessed thereof her, or tiiem, after the said first ilay oi October, one thousand seven huntlretl aiiit seventy- twelve calendar three, until he, she, or they, shall have been possessed of such stock twelve calendar months, montlis. in his, her, or their own right, and not in trust for any other person or persons whatsoever, freed and discharged of all incumbrances which can or may afl'ect the same, unless such stock shall have been acquired, or shall have come to such proprietor by bequest, or by marriage, Certain cases ex- or by succession to any intestate's estate, or by the custom of the City of London, or by any "^ I' "^ ■ deed of settleinent after the death of any person who shall have been entitled for life to the dividends of such stock ; any law, statute, or usage, to the contrary notwithstanding. IV. Provided always, and be it further enacted by the authoritv aforesaid, tliat every Kvery i;r<'['f;;;'o' ■^ ' 1 1 " 1 1- 1 ■ possessed tif lH.IKK) member or proprietor of the said United Company who shall be possessed, lor tlie time t)r ,.„,,|,„i M,„.k shall be term aforesaid, in his or her own right, of tlnee thousand pounds capital stock of the said ';;'';|'^''|,|J",i,'"''|f',',''" Company, shall be entitled to give two votes at any election of Directors, or at any I)all<)t of s^sseil of xii.iHNi. he .1 • 1 yi 1 1 • 1 1 1 11 1 I (•„. jli.. itm.wir shall have three votes; the salt! Company ; and every member or jiropnctor who shall be jMissessetl, loi tlie tinu or ^^^^^ ^^^^^^^ |,„H,l■«^e.l of term aforesaid, of six thousand iKUinds, in iiis or her own right, shall be entitled to give three rio.oiMi. shall be en- . • . II I 1 /• 1 • . f .,; 1 I'lled to lour votes. votes; and every member or proprietor wlio sliall be ))ossessc(l, tor the time or term aion-saui, often tiiousand pounds, or more, shall be entitled to give four votes at such election or ballot ; and the oath and ailirmation hereinafter respectively prescribed, shall, as occasion shall ivcjuiiv, beulteiLil in such niaiuier as sliall lie necessary to comprise such right of voting. e2 28 [13 Geo. III. Cap. 63. Upon election of Di- ^^- ^"^^ ^^ '•• fiTtli^r enacted by the autliority aforesaid, tliat from and after the first day rectors ever}- I'loprie- of October, one tliousand seven hundred and seventy-three, upon every election to be made of milted to vote, take a ^"7 niember or members of the Court of Directors (1), and upon every ballot to be taken at prescribed oatli. -iny General Court of the said United Company, every member or proprietor of the said Company shall, before admitted to vote at such election, or in such General Court, first take the oath hereafter mentioned before two or more of the Directors of the said United Company, who are hereby empowered to administer such oatli ; that is to say, " I, A. B., do swear," (or, being one of the people called Quakers, ' do solemnly affirm'), " That tlie sum of one tliousand pounds or more of the capital stock of the United Company' " of IMerchants of England trading to the East-Indies, standing in my name, doth at this " time lielong, and hath for tlie space of twelve calendar months actually belonged to me, in " my own right, and not in trust for any person or persons whatsoever ; and that I have been " in the actual receipt of the dividends and profits thereof for my own use, freed and discharged " of all incumbrances which can or may affect the same, for the said space of twelve calendar " months ; or that the same came to me within tlie time aforesaid by liequest, or by mar- " riage, or by succession to an intestate's estate, or by the custom of the City of London, or " by settlement ; and that sucli stock has not been transferred or made to me fraudulently or " coUusively, on purpose to qualify me to give my vote ; and that I liave not before given my " vote on this ballot. " So HELP Mii God." Persons committing '^"fl '» case any person taking the oath or affirmation hereby appointed shall thereby wilful perjury, or cor- commit wilful periury, and be thereof convicted ; and if any person do unlawfully or cor- ruptlysuboriungothers ^ i j ii.ii «... so to do, shall be liable ruptly procure or suborn any other person to take the said oatli or affirmation, in order to to Uie penalties m Act y^f^ whereby he or she shall comniit such wilful perjury, and shall be thereof convicted, he, 5 Eliz. c. 9; and 2 • _ . . . . G. 2, c. io. she, and tliey, for every sucli offence, shall incur such pains and penalties as are in and by two Acts of Parliament, the one made in the fifth year of -the late Queen Elizabeth, intituled, " An Act for punishing such Persons as shall jirocure or commit wilful Perjury, or suborn or procure any Person to commit any wilful or corruj)t Perjury ;" the other made in the second year of his Majesty King George the Second, intituled, " An Act for the more effectual preventing and further Punishment of Forgery, Perjury, and Subornation of Perjury, and to make it Felony to steal Bonds, Notes, or other Securities, for Payment of Money," directed to be inflicted for offences committed contrary to the said Acts. (1) [By 3 & 4 Wni. 4, cap, 85, sec. '27, Proprietors resident within the United Kingdom may vote on Elections of Directors by Letter of Attorney, under certain conditions.] Sections 7 & 8 relating to the constitution and proceedings of the Governor-general and Council, are practically superseded by later en- actments. In reference to sec. 9 it is to be observed, that Bencooien is no longer a British Settlement. The powers of the IX. And be it further enacted by the authority aforesaid, that the said Governor-general Governor-general and i c ■^ j • ", i Council. ^"" L-ouncil, or the major part of them, shall have, and they are hereby authorized to have, power of superintendino- and controlling the jrovernment and manatrement of the Presidencies of Madras, Bombay and Bencooien, respectively, so far and in so mucli as that it sliall not be 13Gko. III. Cap. G3.] 29 lawful for any President and Council of IMadras, Roiiibay and Bencoolen, for the time being, to make any orders for commencing hostilities, or declaring or making war, against any Indian princes or powers, or for negotiating or concluding any treaty of peace, or other treaty, with any such Indian princes or ]iowers, without the consent and approbation of the said Governor- general and Council first had and obtained, except in sucii cases of imminent necessity as would render it dangerous to post|X)ne such hostilities or treaties until the orders from the Governor-general and Council might arrive ; and except in sudi cases wjierc tlie said Presidents and Councils respectively sliall have received special orders from the said United Company ; and any President and Council of Madras, Bombay, or Bencoolen, who shall offend in any of The three other Pre- the cases aforesaid, shall be liable to be suspended from his or tlieir office by the order of the *'''«""'^s, 'o "W the , , - order:; <)f the Supreme said Governor-general and Council ; and every President and Council of Madras, Bombay Government ; and Bencoolen, for the time being, shall, and they are hereby respectively directed and required, to pay due obedience to such orders as they shall receive, touching tlie ])remises, from the said Governor-general and Council for the time being, and constantly and diligently to transmit to the said Governor-general and Council advice and intelligence of all transactions and matters whatsoever, that shall come to their knowledge, relating to the government, revenues, or interest of the said United Company ; and the saitl Governor-general and Council for the time being and tlie .Supreme Go- shall, and they are hereby directed and required to pay due obedience to all such orders as virnmeiit to oliey the •'. •' . * ' •' orders of the Directors, tliey shall receive from the Court of Directors of the said United Company, and to correspond and to transmit inteilU from time to time, and constantly and diligently transmit to the said Court an exact particular f^ Directors""""'"* of all advices or intelligence, anil of all transactions and matters whatsoever, that shall come to their knowledge relating to the government, commerce, revenues, or interest, of the said United Company. The remainder of this section, i*elating to the dehvcry of copies of letters to the Secretaries of State, is repealed by 33 Geo, 3, cap. 52. In regard to the relation of the Government of India, and the subordi- nate Governments, see 33 Geo. 3, cap. 52, sections 40,41, & 43; and 3 & 4 Wm. 4, cap. 85, sections 39, 59, 65, and 68. By Sections 10 & 11 certain persons are appointed to particular offices, and the times of their entering thereupon fixed. These are succeeded by the following proviso. XII. Provitled always, tliat iiotiiinir in this Act siiall extend, or be construed to extend, to „, „ - ' » _ ' _ ' The Comi>»ny mny prevent, control, or restrain, the said United Company from constituting and appointing uppoint oiVuvrs in pur- 1 /¥• r L . ^1 I 11 ^1 * I 1 1 • i ■ stiiuice of fornuT Aclt such otticcrs, factors, or agents, as they shall think proper and necessary, hy virtue or in or Oiaricrs pursuance of any powers, rigiUs, or privileges, granted to them by any former Act or Acts of Parliament, or by any Charter or Charters, for managing, contiucting, and transacting the trade and commerce of tlie said Com])any, at and witliin the said Presidency of Fort William in Bengal. XIII. And whereas his late Majesty King George the Second did, by his Letters Patent jjj, jrujciy mnr bearing date at Westminster the 8tli day of .laiuiary, in the twenty-sixth year of iiis reign, '')' Cl"iritr or I,('(irni 1 . 1 TT . I /-I ,. .1 . . " 1. -ri 1 I " I. " 1 1-. T !• I'lilent. I t.tiilili'-h n .Sii- grant unto the said United Company of Ab rch.iuts of England trading to the East-Indies, y„.,„c i„,irt „t Judi. his royal Charter, thereby, amongst other things, constituting and establishing Courts of ^""'eiit loiiWdhmu. Ci\il, Criminal, :nul Ecclesiastical .lurixliction, at tlie said United Cumiianv's res]), dive settlements at Madras-jiatam, Bombay, on the Isl.u.d of liombay, and Port ^\■illiam in Judges who are invested with 30 [13 Gko. III. Cap. 63. Beno-al ; which said Charter does not sufficiently provide for the due administration of justice in such manner as the state and condition of the Company's Presidency of Fort William in Beno-al, so long as the said Company shall continue in the possession of the territorial acquisitions before- mentioned, do and must require ; be it therefore enacted by the authority aforesaid, that it shall and may be lawful for his Majesty, by Charter or Letters Patent under the Great Seal of Great Britain, to erect and establish a Supreme Court of To consist of a Cliief Judicature at Fort William aforesaid, to consist of a Chief Justice and three other Judges,(l) Justice and three other i,eino- barristers in England or Ireland, of not less than five years standing, to be named from time to time by his Majesty, his heirs and successors ; which said Supreme Court of Judica- ture sliall have, and the same Court is hereby declared to have full power and authority to civil, criminal, admi- exercise and perform all civil, criminal, admiralty, and ecclesiastical jurisdiction, and to jurisdrctfon!''mKi''m?y appoint such clerlcs, and other ministerial officers of the said Court, with such reasonable establish rules ot prac- salaries as shall be approved of by the said Governor-general and Council ; and to form and tice ant process. establisli sucli rules of practice, and such rules for the process of the said Court, and to do all such other things as shall be found necessary for the administration of justice, and the due To be a Court of execution of all or any of the powers which by the said Charter shall or may be granted and Record, Oyer and Ter- committed to the said Court; and also shall be, at all times, a Court of Record, and shall be "ery "^for'caieiuta and a Court of Oyer and Terminer, and Goal Delivery, in and for the said town of Calcutta, and Fort William. factory of Fort William in Bengal aforesaid, and the limits thereof, and the factories subordi- nate thereto. (1) [By the 37 Geo. 3, cap. 142, sec. 1, the Court is to consist of a Cliief Justice and two Puisne Judges,] Extent of the jurisl XIV. Provided nevertheless, and be it further enacted by the authority aforesaid, that diction and power of {|jg gj^;^| ^^^y Charter which his Maiesty is hereinbefore empowered to grant, and the iurisdic- his Majesty's Charter ; J J iiiir>-'T_ tion, powers, and authorities, to be thereby established, §hall and may extend to all British subjects who shall reside in the kingdoms or provinces of Bengal, Bahar, and Orissa, or any of them, under the protection of the said United Company, and the same Charter shall be and of the Supreme competent and effectual: and the Supreme Court of Judicature, therein and thereby to be Court of Judicature. established, shall have full power and authority to hear and determine all complaints against any of his Majesty's subjects for any crimes, misdemeanors or oppressions, committed, or to be committed ; and also to entertain, hear, and determine any suits or actions whatsoever, against any of his Majesty's subjects in Bengal, Bahar, and Orissa, and any suit, action, or complaint against any person who shall, at the time when such debt, or cause of action or complaint shall have arisen, have been employed by, or shall then have been, directly or in- directly, in the service of the said United Company, or of any of his Majesty's subjects. Supreme Court not XV. Provided also, that the said Court shall not be competent to hear, try, or determine any competent to hear and jiKlictmeut or information against the said Governor-oreneral, or any of the said Council for determine indictments ^, ^. , . j. a- / . i • . p i x i • i i /-. i or informations against the time being, lor any ottence (not being treason or lelony) which such Governor-general, or t^e Governor-general, ^^^^ ^f jj^g ^^jj Council, shall or may be charged with having committed in Bengal, Bahar, and Orissa. &c. Limitation of actions XVI. Provided also, and be it enacted, that the said Supreme Court shall heai- and eoie tie sai ou . jytgj.,j^i,jp jj,^y g^jj^g qj. actjong whatsoever of any of his Majesty's subjects against any inhabi- tant of India residing in any of tlie said kingdoms or provinces of Bengal, Bahar, or Orissa, or any of them, upon any contract or agreement in writing entered into by any of the said inhabitants, with any of his Majesty's said subjects, where the cause of action shall exceed the sum of five hundred current rupees ; and where the said inhabitant shall have agreed in the 13Geo. III. Cap.63.] 31 said contract, that, in case of dispute, the matter shall be heard and determined in the said Suits may original *^ . 1 » 1 • 1 /• • » If 111 the Sii|iremc Court, Supreme Court ; and all such suits or actions may be brought, in the first instance, Deiore ^^ ,,^, \,r„.,,ght by ap- thc said Court, or by appeal from the sentence of any of the Courts established in the said rij'^f™';'^ ""^ l'^""" provinces, or any of them. XVII. And it is hereby further enacted and provided, that nothing in this Act shall ex- The Covernor-gene- •' '- /■ 1 • I r' '1 PI ■ f ■"■''• t'ouiicil, tec. not tend to subject the person of tiie Governor-general, or of any of the said Council, or i,niei 5„i,j(.pt j^ i^p arrested Justice and Judges respectively for tlie time being, to be arrested or imprisonuil upon any ^'j;(,;™';'''*;;"''s„p""^e action, suit, or proceeding in the said Court. Court. XVIII. And be it further enacted by the authority aforesaid, that it shall and may be Appeal m-iy be made directed, in and by the said new Charter which liis Majesty is hereinbefore empowered to *° '"- "J*'') '" °^- grant, that in case any person or persons whatsoever shall think himself, herself, or themselves aggrieved by any judgment or determination of the said Supreme Court of Judicature to be established as aforesaid, he, she, or they, shall and may appeal from such jut^gment or deter- mination to his Majesty in Council, his heirs or successors, within sucii time, in such manner, and in such cases, and on such security, as his IMajesty, in his said Charter, shall judge proper nd reasonable to be appointed and prescribed. (1) (1) [See 3& 4 Wm. 4, cap. 41.] XIX. And be it further enacted by the authority aforesaid, that so much of the said Charter, .So mucli uf the granted by his said late Majesty, as respects or relates to the establishment of the Mayor's seeo"" as relates to Court at Calcutta aforesaid, in Bengal, or to the civil, criminal, or ecclesiastical lurisdiction Mayur'sCourtsJshould 1 i--i -iTr-i/-. ;, , , "ii a "<^*^' Charter be thereof, m tlie said United Company s settlement there, or the subordinates tlicreunto belong- granted) to be re- ing, in case a new Charter shall be granted by his Majesty in pursuance of this Act, and shall pealed. be openly published at Fort William aforesaid, from and immediately after such publication, shall cease, determine, and be absolutely void to all intents and purposes. * # * XX. And be it further enacted by the authority aforesaid, that all the records, muni- All records and mu- ments, and proceedings whatsoever, of and belonging to the said Mayor's Court at Calcutta "heMajorV Court at aforesaid, or to the Courts of Oyer and Terminer and Gaol Delivery at Fort William aforesaid, Calcuttii. S;c. to be established by the said Charter of his said late Majesty, shall, from and immediately after served in the new such Court of Judicature, which his Majesty is herein-before empowered to erect, shall be t^"""- established at Fort William as aforesaid, be delivered over, jireserved, and dei)osited for safe custody in the said new Court of Judicature, to which all parties concerned shall and may resort and have recourse, upon application to the said Court. XXI. And be it further enacted by the authority aforesaid, that during such time as the territorial acquisitions shall remain in the possession of the said Company, the Court of Di- rectors of the said United ('om[)any siiall, and they are hereby required to ilireet and cause to be paid certain and established salaries to the Governor-general and to eacli of tlie Council of the said United Company's Presidency of Fort William in Bengal, and to the Ciiief Justice and each of the Judgesof such Supreme Court of Judicature at Fort Williain, as >liall he by the said new Charter established ; tliat is to say, to the Governor-general (1) » * *^ and to each of the Council of the said United Company's Presidemy of Fort William in Bengal(l), * * * ♦ ^uj ^^ the Chief Ju.stice eight thousantl poinids by the year ; and to each of the Judges of tlie said Supreme Court of Judicature at Fort \Vil- liam, six thousand pounds by the year, and that siicli salaries shall be paid and payable to each and every of tliem respectively for the time being, out of the said teiritorial aeitioiis in the kingdoms of Bengal, IJahar, and Orissa. (1) [The salaries of tlicGovcrnor-gcncral anil members of the Council of India are now rcgiilated under 3 & 4 Wm. 4, cap. 85, sec. 7(!.] 32 [13 Geo. III. Cap. 63. AVhen salaries to XXII. And be it further enacted by the authority aforesaid, that the salaries of such comniciico. Governor-o-eneral and Council, and of such Chief Justice and Judges of such Supreme Court of Judicature as aforesaid, shall take place and commence in respect to all such persons who shall be resident in Great Britain at the time of their appointment, upon, and from the day on which such person shall embark from Great Britain ;(1) and tliat the salaries of all such persons who shall, at the time of their appointment, be resident in India, shall commence and take place from and after their respectively taking upon them tiie execution of their office as aforesaid, and that all such salaries to such Governor-general and Council, and of such Chief Justice and Judges, shall be in lieu of all fees of office, perquisites, emoluments, and No fees, perquisites, advantages whatsoever, and that no fees of office, perquisites, emoluments, or advantages what- f"^'- /.", ""t '■p'"'^"'^'! soever shall be accepted, received, or taken by such Governor-general and Council, or by such by Chief Justice and ' . . ^ Judges. Chief Justice and Judges, as aforesaid, or any of them, in any manner, or on any account or pretence whatsover, other than such salaries and allowances as are in and by this Act directed to be paid to them respectively. (1) [The provision respecting the commencement of the salaries of persons resident in England at the time of appointment is repealed by 53 Geo. 3, cap. 155, sec. 89. Salaries now commence, in all cases, from entry on office. Other enactments affecting the jurisdiction, powers, and practice of the Supreme Court of Bengal, are contained in 21 Geo. 3, cap. 70 ; 33 Geo. 3, cap. 52 ; 37 Geo. 3, cap. 142 ; 39 & 40 Geo. 3, cap. 79 ; 53 Geo. 3, cap. 155 ; 3 & 4 Wm. 4, cap. 85 ; and 2 & 3 Vict. cap. 34. See also Act of Government of India, No. 7, of 1837.] The Govenior-gene- XXIII. And belt further enacted by the authority aforesaid, that no Governor-general, Test' iu't'''n;um fccq't- "'' ''"^ "^ ^'^'^ Council of the said United Company's Presidency of Fort William in Bengal, iug any iireseut. or any Chief Justice, or any of the Judges of the Supreme Court of Judicature at Fort William aforesaid, shall, directly or indirectly, by themselves, or by any other person or persons for his or their use, or on his or their behalf, accept, receive, or take, of or fj-om any person or persons, in any manner, or on any account whatsoever, any present, gift, donation, gratuity, or rewai'd, pecuniary or otherwise, or any promise or engagement for any present, gift, donation, gratuity, or reward. No person holdings XXIV. And be it further enacted by the authority aforesaid, that from and after the first under tlie Crown, or day of August, one thousand seven hundred and seventy-four, no person holding or exercising Company, siiaii accept any civIl or military office under the Crown, or the said United Company, in the East-Indies, anv iloiiation or gra- , . . i i i • ic i tuity. sliall accept, receive, or take, directly or mdn-ectly, by hnnseli, or any other person or persons on his behalf, or for his use or benefit, of and from any of the Indian princes or powers, or their ministers or agents (or any of the natives of Asia), any present, gift, donation, gratuity, or I'eward, pecuniary or otherwise, upon any account, or on any pretence whatsoever, or any promise or engagement for any present, gift, donation, gratuity or reward. Professional fees of XXV. Provided always, and be it further enacted by the authority aforesaid, that nothing cians!*^ "urgcons!" and herein contained shall extend, or be construed to extend, to prohibit or prevent any person or chaplains, excepted. persons who shall carry on, or exercise the profession of a counsellor at law, a physician, or a surgeon, or being a chaplain, from accepting, taking, or receiving any fees, gratuities, or re- ^ wards, in the way of their profession. 13 Geo. III. Cap. 63.] 33 XXX. And be it further enacted by tlic autliority aforesaid, tiiat no subject of bis Majesty, No person !,l]:iil take his iieirs and successors, in the East-Indies, shall, upon any contract which shall be made °l!^TtoX^wtpeT from and after tlie said first day of August, one thousand seven hundred and seventy-four, cent, per anmim. take directly, or indirectly, for loan of any monies, wares, merchandize, or other comnuxlities whatsoever, above the value of twelve pounds for the forbearance of one hundred pounds for a year; and so after that rate for a greater or lesser sum, or for a longer or sliorter time ; and tliat all bonds, contracts, and assurances whatsoever, made after tlie time aforesaid, for pay- ment of any principal or money to be lent or covenanted to be performed upon, or for any usiu'y whereupon or whereby there shall be reserved or taken above the rate of twelve pounds in the hundred, as aforesaid, shall be utterly void ; and all and every such person or persons Persons by covin ac- whatsoever who shall, after the time aforesaid, upon any contract to be made after the first day shaM"forfei't'7o™'cv*'*^ of August, one tliousantl seven luindred and seventy-four, take, accept, and receive, by way or offence treble the va- means of any corrupt bargain, loan, exchange, shift, or interest of any wares, merchandizes, ' " ' or other tiling or things whatsoever, or by any deceitful way or mean, or by any covin, engine, or deceitful conveyance, for the forbearing or giving day of payment for one whole year, of and for their money or other thing, above the sum of twelve pounds for the forbearing of one luindred pounds for a year, and so after that rate for a greater or lesser sum, or for a longer or shorter term, shall forfeit and lose, for every such oifence, treble the value of the monies, wares, merchandizes, and other things so lent, bargained, exchanged, or shifted, with costs of suit, one moiety wiiereof shall be to the said United Company, and the other moiety one moiety to no to to him or them who will sue for the same in tiie said Supreme Court of Judicature at Fort other "o'tbe'Vrol^ceu! William in Calcutta, or in tlie Mayor's Court in any other of the said United Company's tor. settlements where such offence shall have bt^n committed, by action of debt, bill, plaint, or information, in wliich no essoin, wager of law, or protection, shall be allowed; and in case no such action, bill, plaint, or information, shall have been lirought and prosecuted with effect within three years, that then it shall and may be lawful to and for the party aggrieved to sue and prosecute for recovery of all sums of money j)aid over and above such rate of interest. XXXI. And be it further enacted, tliat no informer or jilaintifi' shall or may compound I'ersons makinp com- or agree with any person or persons tiiat shall offend, or shall be surmised to offend, against 'hcmeiuiingoftlic Act" this Act, for any offence committed, or pretended to be connnitted, beforeanswer made in the said Supreme Court, unto the information or suit in that behalf exhibited or prosecuted, nor after answer, but by the order or consent of the said Court, on j)ain tliat if any person or persons shall offend in making of any composition or agreement, contrary to tlie true intent and meaning of tliis Act, or shall, by colour or pretence of process, or without process, upon colour or pretence of any mutter of ofl'ence against tiiis Act, make any comiiositioii, or take any money, reward, or promise of reward, for liimself, or to the use of any otiur, without order or consent of the said Court ; that then he or they so ofl'eiulini,s being thereof law fidlv 'i"'''!' i" I'l' impil. ,,,,,. 1 /.. 1 1- 1 1 . 1 /• ! ] • ■ 1 . .1 ]• .• ' f'oncd at the iliscrelion convicted, shall, lor every such oifence, he liable to be tineii and imprisoned, at the discretion of tlie Court. of the said Court. XXXIII. And be it further enacted by the authority aforesaid, tiiat from and after the ScrvnntMif (he Com- . , ,, , ... I I ' , ,1 1 , ,. •,• r I • m ■ A ' pany prosernteil tor said first day of August, one thousand seven iiuiulred anil seventy-tour, it any ol his j\la|e>ty s 1,^,,, i„rs „f trust, on subiects in India, emi)loyed by, or in the actual service of, the said United Comjiaiiy, shall be •■onviition. t<. !••• liniil , ... „ 11 ' <• 1 !• "'"' i'npri.-onoe discon- tinued by any prorogation or dissolution of the Parliament, but that such proceedings may be resumed and proceeded upon in a subsequent Session, or in a subsecjuent Parliament, in either House of Parliament, in like manner, to all intents and purposes, as they might have been in the course of one and the same Session ; any law, usage, or custom to the contrary notwithstanding. XLIV. And whereas his Majesty's subjects are liable to be defeated of their several Writs of mamlumun rights, titles, debts, dues, demands, or suits, for which they have cause arising in India against J51'7rI',I,r,','".",'''\v,.'"'"^'- J i ii i i i • ,. • t. i- not proceeded against dence in any capital cases, other than such as shall be proceeded against in I'arliament ; any- in Parliament. ^j^.^^ .^^ ^j^j^ ^^^ contained to the contrary notwithstanding. The privileges of the XLVI. And be it further enacted by the authority aforesaid, that all and every the rights, Comjiany, not hereby interests, powers, privileges, and authorities, which are now vested in tlie said United Corn- force. ^ '" "™^'" '" p^i^y ^^ Merchants trading to the East-Indies, and which are not hereby expressly taken away, altered, or varied, shall remain to, and continue in the said Company, in as full and ample a manner, to all intents and purposes whatsoever, as if this Act had never been made. 13 GEORGII III. Cap. LXIV. k'>s kfzi for granting to his Majesty a Sum of JMoney to be raised by Ea'cheqtier Bills ; and to be advanced and applied in the manner, and upon the Terms therein mentioned, for the Relief of the United Company of Merchants of England trading to the East-Indies. This Act contains various provisions relating to the appropriation of the revenues of India, and the reduction of the liabilities of the Com- pany ; the more material of which are adverted to in the notes on 9 & 10 Wm. 3, cap. 44, & on 34 Geo. 3, cap. 41. 17 GEORGII III. Cap. VIII. A.N Act to amend so much of an Act made in the Thirteenth Year of the Reign of his present Majesty, (intituled, " An Act for establishing certain Regulations for the better Management of the Affairs of the East-India Company, as well in India as in Europe" ), as relates to the Day on which the annual Election of Directors of the said Company is to be made. Freanihle. Whereas by an Act made in the tliirteenth year of the reign of his present Majesty, 1.3 G. .3,0. G3, recited, (intituled," An Act for establishing certain Regulations for the better Management of the Affairs of the East- India Company, as well in India as in Europe"), it is among other things enacted, that at the then next ensuing general election of Directors of the said United Companv, instead of an election of twenty-four Directors to serve for the space of one year only, tliere should be chosen, in such manner and order as tlie Directors of the said United Company for the time being should appoint, six Directors expressly for tlie term of one vear, and six other Directors for the term of two years, and six otiier Directors for the term of three years, and the remaining six Directors for the term of four years, and not otherwise; and from thenceforth yearly and every year, and at the expiration of each and every of the said terms respectively, six new Directors, and no more, should be chosen, from time to time, in the place of such Directors whose term should have expired, and wlio were thereby declared incapable of being then re-chosen ; and at every subsequent election, during the continuance of the Ciiartcr of the said United Company, six new Directors should be chosen, and should 17 Geo. III. Cap. 8.] 39 continue to be Directors for the term of four years, and no longer, to be accountetl from the day on which the election of such Directors was respectively made ; and in case the office and authority of any such Director should become void, by death, removal, or otherwise, another should be chosen, from time to time, in his place, to serve as a Director durino- the remainder of such term for which the person whose office should have become void was chosen, and no longer; and whereas the first general election of Directors of the said United Company, after the passing the said recited Act, was made on the thirteenth day of April, which was in the year of our Lord one thousand seven himdrcd and se\enty-four, at w Inch time six Directors were chosen for the term of one year, six other Directors for the term of two years, six other Directors for the term of three years, and six other Directors for the term of four years, according to the directions of the said recited Act ; and afterwards on the thirteenth day of April, which was in the year of our Lord one thousand seven hundred and seventy-five, six other Directors were chosen for the term of four years, in the room of those Directors who were elected for one year, as aforesaid; and on the thirteenth day of April one thousand seven hundred and seventy-six, six other Directors were chosen for the term of four years, in the room of those Directors who were elected for two years, as aforesaid : and whereas there is not any provision in the said Act, for the making an election of Directors of the said United Company at any other time than on the exact day when the term of the former elections expire : and whereas the day of election of Directors in the year one thousand seven hundred and seventy-seven, according to the said recited Act, w ill happen on Sunday, the thirteenth day of April, one thousand seven hundred and seventy-seven ; but it is higidy improper that such an election should be made on a Sunday, and it is exjiedient that the like impropriety should be prevented in future ; be it therefore enacted by the King's most excel- lent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the autliority of the same, tliat instead Comral eloction of of the said general election of six Directors of the said United Company, in the said year one ^^''1'^'°"^ '"f. '"""• to thousand seven lumdred and seventy-seven, for the term of four years, being made on Sun- April Vi; day, the said thirteenth day of A[)ri], one thousand seven lunulred and seventy-seven, the s;une election shall be made on Wednesday, the sixteenth day of the same montli of April ; and in respect to all future annual elections of Directors of the saidL^nited Company, instead of the ,|,„j „ii (u^ure annual same being made on the exact day of the expiration of the term for wjiicli the fornur Directors '■!«<■''«"« on tin- second were elected, in pursuance of the said recited Act, such future annual general elections of '' "'''" "^ '" ' ''" ' Directors of the said United Company shall be made on the second Wednesday in the month of April in every year. II. And be it further enacted by the authority aforesaid, that the term of three years, for whicli ciuusc relating lo the six Directors of the said Company were elected, in the said year one thousand seven hundred «''•"■'■'"'"»<»"' m t'lo 1 X /• 1 1 • 1 .1 • 11- 1 i' ,. . •, , ■ terms lur wliicli the ami seventy-tour, and wliicli will cxpn-e on the tinrtecnth ilay of April, one tliousand seven Directors are elcetcil. hundred and seventy-seven, shall be enlarged ; and such Directors so elected for the term of three years, shall continue Directors of the said United Company until tlie said sixtwntli day of April, one thousand seven hundred and seventy-seven, and during the whole of tiial day ; and in respect to the said Directors elected in the said years, one thousand seven himiln'd and seventy-four, one thousand seven hundrc-d and seventy-five, and one tliousand seven hundred and seventy-six, for the respective terms of four years; and as to all future Directors of tliu said United Company to be elected for the term of four years, in case the said respective terms of four years shall hap]Hii to expire before tlie second Wednesday in the moiilli of April, in that year in wiiieh the said iispective terms of four years sliali expire, yet siuli l)irect(n-s shull continue to be Directors of the said Company until the second Wethiesday in the month of April in which the saii respective terms of four years shall end, ami during tlie whole of liint 40 [19 Geo. III. Cap. 50. day, and in case the said respective terms of four years shall not have fully run out on the said second Wednesday of the said month of April, in any subsequent year, in which the said terms sliall respectively expire ; in sucii case the same terms respectively shall end and expire at the end of the day on the said second Wednesday in the said month of April in such year in which the said respective terms of four years shall end and expire, in the same manner as if the whole term of four years was fully run out; any tiling in the said recited Act of Par- liament contained to the contrary in any wise notwithstanding. 17 GEORGII III. Cap. L. An Act yor granting to liis Majesty certain Duties o)i Licences, to be taken oat by all Persons acting as Auctioneers ; and certain Rates and Duties on all Lands, Houses, Goods, and other things sold by Auction ; and upon Indentures, Leases, Bonds, Deeds, and other Instruments. This Act, which was the first requiring auctioneers to take out a licence and imposing a duty upon goods sold by auction, contains the following provision :— Certain cases to XI. Provided also, and it is hereby further enacted, that nothing in this Act contained shall extend to any sale or sales by way of auction of estates or cliattels, made by any rule, or order, or decree, of his Majesty's Court of Chancery, or of Exchequer, in England, before the IMasters in Chancery, or the Deputy Remembrancer of the said Court of Exchequer ; or by any order or decree of the Courts of Session or Exchequer in Scotland respectively ; or at any such sales made by the East-India Company, or tlie Hudson's Bay Company, or by order of his INIajesty's Commissioners for the duty of Customs or of Excise, or by order of the Board of Ordnance, or Commissioners of the Navy and Victualling, or any such sales of estates or chattels, made by the Sheriff in execution of judgments, or of goods distrained for rent, or for nonpayment of tithes, or of goods and effects of bankrupts, sold by order of the assignees, under a commission of bankruptcy, any thing herein contained to the contrary notwithstanding. Two years after its passing, the Act was modified by another, the title of w^hich follows : — wliicli this Act shall not extend. 19 GEORGII III Cap. LVI. An Act for altering, amending, and enforcing, so much of an Act, made in the seventeenth Year of the Reign of his present Majesty, intituled " An Act for " granting to his Mcjesty certain Duties on Licences to be taken out by all Per- " sons acting as Auctioneers; and certain Rates and Duties on all Lands, " Houses, Goods, and other things sold by Auction ; and upon Indentures. Leases, " Bonds, Deeds, and other Listruments," as i^elutes to the ?)iethod of granting Liceiwes to Auctioneers, and to the collecting the Duties on Estates and Goods sold by Auction. This Act contains the provision following : — Cert.iin .Mictions to XIII. Provided always, and it is hereby further enacted by tlie r thority aforesaid, that noi'o.xtcna^ '' notln'ng in tliis Act contained shall extend to any sale or sales, by wa; - )f auction, of estates or 19 Geo. III. Cap. 61.] 41 chattels, made by any rule, order, or decree, of his IVIajesty's Court of Chancery, or of I'xche- quer in l''iigland, boforo the INIaster in Chancery, or the Deputy Remembrancer of the said Court of Exchequer ; or by any order or decree of tiie Courts of Great Sessions in \Vales, or by any order or decree of the Court of Session or Exchequer in Scotland respectively ; or to any such sales made by the East-India Company, or the Hudson's Bay Company ; or by order of liis Majesty's Commissioners for tlie duties of Customs or Excise ; or by order of the Board of Ordnance, or Commissioners of the Navy or \'ictuaUing Offices ; nor to the sale by auction of any goods distrained for rent, or for nonpayment of tithes ; anything lierein- before to the contrary notwitlistandinp;. For continuation of exemptions, vide 43 Geo. 3, cap. 69, and 45 Geo. 3, cap. 30. 19 GEORGII III. Cap. LXI. An Act for continuing in the Possession of the United Compani/ of Merchants of England trading to the East-I)idies,for a limited Time, and under certain Con- ditions, the territorial Acquisitions and Revenues latelij obtai),ed in the East- Indies ; and for continuing for a limited time so much of an Act, made in the thirteenth Year of the Reig)i of his j)resLnt Jllajesii/, intituled '■ A)i Act for cstalilishing certain Regulations for the better Alanagoncnt of the Affairs of the East-India Company, as well in India as in Europe,'\is irill expire in the course of the present Year. Whereas by an Act, passed in llie tliirteeiith y<-';u' of tlie reign of his present .Majesty, inti- Preambli'. tuled " An Act for granting to his Majesty a Sum of Money, to be raised by Exchequer Bills ; Rccitul of \:i c. n. and to be advanced and aj)plic(l in the Manner, and upon the Terms, therein mentioned, for ' the Belief of tiic United Conqiany of Merchants of England trading to the East-Indies ;" it was directed that the Commissioners of his Majesty's Treasury, or the Lord Iligli Treasurer for the time being, should cause to be prejjared and made any number of Exchequer bills, not exceeding in the whole tlie amount of one million four huntlred thousand pounds, to be lent, advanced, and issued, as in the said Act was directed, for the relief of the United Company of Merchants of England trading to the East-Indies; and whereas by the said Act it was de- clared, that, in the then circumstances of tlie East-Iniiia Company, it would not be in tiieir power to provide for the repayment of the loan aforesaid, and for establishing their all'airs upon a more .secure foundation for the time to come, unless the j)ublie should agree to forego, for the then present time, all particijiation in the profits arising from the territorial ac(|uisitions and revenues lately ol)taine(l in the I'",ast-Indies; and therefore it was by the said ^\et enacted, that until the aforesaid sum of one million four hundred tliousand pounds should be repaiii, and the bond debt of the Conipaiiy be redueid to the sum of one million five hundred tiiousjuid pounds, (he whole ile.ir i)n>lit< arising from the aforesaid tenitorial .uciuisitions and ii\emii's, after defraying the charges ami expenses attending the same, together with all theeli.ir w\ i iiue and profits of the said Company, after jiroviding for the current |)ayments of interest, and other outgoings, charges, and e\jK-n>es of the said Company, should from time to time, be disposed of and applied in ihi' manner as in tlie said Act was directed ; (that is to sny), until the aforesaid sum of one million four hundn proprietors of [W- stock of the said Company, not exceeding the rate of six pounds per centum [nr annum upon the capital stock of the said Company ; and all tlie surplus of (lie saiil clear nvenuts and profits should he applied in diminution of the said sum of one million four hundred tliousand ixmntls, or such part thereof as should be remaining unpaid, and for defraying the charges inciuTcd in respect thereof; and after the repayment of the wliole of the money so advanced and ajiplii-d as aforesaid, and until the bond debt of the said Company should be reduced to tlie sum of one million five hundred thousand pounds, tliere should in like manner be set ai)arl and appiiinl, G 2 44 [21 Geo. III. Cap. G5. in the first place, out of the said clear revenues and profits, such sum a.s might be sufficient for answering a dividend not exceeding the rate of seven pounds per centum per annum, upon the capital stock of the said Company ; after which all the surplus of the said clear revenues and profits should be applied in reducing the bond debt of the said Company : And The loan of 1773 re- whereas the said sum of one million four hundred thousand pounds has been repaid and fidly paid iiy the Company Hischamed, and all the cliarges incurred in respect thereof have been defrayed, and the bond to the pnblic, ant! tlie o ' ^ i -ii. n i i i bond debt icdnced to debt of the said Company has been reduced to, or under, the sum of one million five hundred ' ' tliousand pounds, whereby the circumstances, in consideration wliereof it was in the aforesaid Act declared, that the public sliould agree to forego, for the then present time, all participa- tion in the profit arising from the territorial acquisitions and revenues lately obtained in the East-Indies, have ceased and are determined ; but whereas, notwithstanding, it may be expe- dient that the aforesaid territorial acquisitions and revenues should, for a limited time, and under certain conditions and restrictions, remain in the possession of the United Company of IMercliants of England trading to the East-Indies : ]\ray it, therefore, please your Majesty that it may be enacted ; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this pre- All the territorial sent Parliament assembled, and by the autliority of the same, that all the territorial acquisi- acquisitions and reve- {JQjjg ^,^j| revenues lately obtained in the East-Indies, siiall remain in the possession of the nues lately obtained ni •' _ _ • . the East-Indies, to re- United Company of iVIercliants of England trading to the East-Indies, and their successors, tTe'c-Jn^rnvtm April for and during the term of one year, to be computed from the fifth day of April, in tlie year o, 1781. of our Lord, one thousand seven hundred and eighty. This Act not to affect VL Provided always nevertheless, and be it enacted, that nothing in tliis Act contained or of the Company' si"'"*!! extend, or be construed to extend, to affect the riglits of the Crown, or of the said Com- after the expiration panv, after the expiration of this Act ; but that the same shall remain, continue, and be, in the same state and condition, in all respects, as though this Act had never been made. 21 GEORGII III. Cap. LXV. Ax Act /or cstablisliing an Agreement uith the United Company of Merchants of England trading to the East- Indies, for tlie payment of the sum of four hundred thousand pounds for the use of the Public, in full discharge and satisfaction of all claims and demands of the Public from the time the Bond Debt of the said Couipanij uas reduced to one million Jive hundred thousand pounds, until thejirst day of March, one thousand seven hundred and eighty one, in respect of the terri- torial acquisitions and revenues lately obtained in the East-I/uIies ; and also for securing to the Public in respect thereof, for a term therein mentioned, a certain part or proportion of the clear revenues and profits of the said Couqnniy ; and for granting to the said Company, for a further term, the sole and exclusive Trade to and from the East- Indies, and limits therein mentioned; and for establishing certain Regulationsfor the better management of the Affairs of the said Company, as icell in India as in Europe, and the recruiting the Military Forces of the said Company. The preamble of this Act recites, among other matters, tliat the re- duction of the bond debt prescribed by 13 Geo. 3, cap. 64, had been effected. See note on 34 Geo. 3, cap. 4T. 21 Geo. III. Cap. 65.] 45 IV. And moreover it is liereby enacted by the authority aforesaid, that the .said I'nited Tlic Coinp.iny to Company of Mcrcliants of Ennlaiid tradinn; to the East-Indies shall, at all times litrcafter for ^r'i'vil,' '<:'' &'•' ran''^ ever, subject as aforesaid, have, iiold, and enjoy, and be entitled unto, all and every, the >>>' furmcr .Arts cr profits, benefits, advantages, privileges, franchises, abilities, capacities, powers, authorities, " "^'' rights, remedies, methods of suit, and all penalties and forfeitures, and disabilities, provisions, matters, and things whatsoever, which by any former Act or Acts of Parliament, or by any Charter or Charters founded thereupon, or by any clause or clauses in the said Acts or Charters contained, are enacted, given, granted, provided, inflicted, limited, established, or declared to, for, touching or concerning the said Company, or body politic and corporate, either by the name of The General Society, entitled to the advantages given bv an Act of Parliament for advancing a sum not exceeding two millions, for the service of the Crown of England, or the said body politic and corporate, called by the name of the English Company trading to the East-Indies, or the said body politic and corporate, now called by the name of the United Company of Merchants of England trading to the East-Indies, and not by this Act altered, or intended to be altered, according to the tenor and true meaning of the said Acts and nut altered liy this and Charters, freed and discharged from all provisoes and conditions of redemption and ■^"^'' determination therein contained; and the same, and every of them, are hereby ratified and confirmed, and shall continue to be held and enjoyed, and be practised, and ])ut in execution, by the said United Company of IMerchants of England trading to the East-Indies, antl their successors, for the better ;nul more effectual settling and securing to them and their successors, the whole, sole, and exclusive trade to the East-Indies, and ])arts aforesaid ; and for the pre- venting all other his Majesty ''s subjects trading thither, and for securing also their possessions, estate, and effects, and governing their affairs and business, in all resjiects as fully and effec- tually as if the same profits, benefits, advantages, trade, privileges, franchises, abilities, capacities, powers, authorities, rights, remedies, methods of suit, penalties, forfeitures, disabilities, provisions, matters and things, were severally repeated, and at large re-enacted in the body of this Act ; subject nevertheless to such restrictions, covenants, and agreements, as are contained in the said Acts and Letters Patent now in force, and not herein or hereby varied or altered, and subject also to the proviso herein-after mentioned. (1) (1) [Modiiied by 53 Geo. 3, c. 155, which opened Uie Inule to India, and 3 & 4 Wni. 4, c. 85, which opened tlie Cliina trade, and .suspended altogether the commercial operations of the Company during their re- tention of the Government of India.] VIII. And be it fiirtlier enacted by the authority aforesaid, tliat all the territorial acqui- The trrriioriul nc. sitions and revenues lately obtaiiu^d in the Ivist-Inilies shall remain in tiie possessic.n of the u"i*po""ossi!,nr"f''il'« Ignited Company of Merchants of England trading to the East-Indies, ibr .-uid durin"- the Company, term of the exclusive trade granted to tli.' said United Company. (1) (I) [By section 5 of this ^Vct the e.\clusiv(> tradcwas (o tt-rmiiiaU- upon three years' notice after the 1st of Match I7!)l,an(l lopaviuciil of money due to tlie Company. For further extension of period oi" Government, vide note at the end of the extracts from !) c's: 10 W'ni. 3, cap. 44.] 46 [21 Geo. III. Cap. 65. Reservation of tilt- XXV. And be it further enacted by the authority aforesaid, that all and every the rights, rig ISO e paiiy. jj^j^j,pgj^ powers, privileges, and authorities, which are now vested in the said United Com- pany of IMerchants of England trading to the East-Indies, and which are not hereby expressly taken away, altered, or varied, shall remain to, and continue in the said Company, in as full and ample a manner, to all intents and purposes wliatsoever, as if this Act had never been made. Regulations relative XXXII. And whereas it is necessary for the said United Company to keep and maintain to raising recruits for r t i i i i c i • ■ the Company's service a militaiy force in the East-Indies, and the present method ot obtaining recruits to keep up '" '"'''^' tiie same hath been found very inconvenient and defective ; be it therefore enacted by the authority aforesaid, that it shall and may be lawful to and for the said United Comjjany, by licence from his Majesty for that purpose, from time to time to enlist such number of men, being his Majesty's subjects, and of such ages, and for such time, as shall be expressed in such licence, to serve them as soldiers in the East-Indies, and to dejiosit and keep such men, not exceeding two thousand at any one time in time of war, and one thousand at any time in time of peace, at sucli place or places, in any part of his Majesty's dominions in Europe, as shall be approved of for that purpose by his Majesty, until they can be sent to India ; and in case any person or persons so enlisting and engaging, after he shall have signed an agreement for that Deserters may be purpose, and shall have declared before a magistrate, at die distance of t^^■enty-four hours at the least after his first enlisting, that he freely and voluntarily signed such agreement, and is willing to go and serve the said United Company as a soldier in tlie East-Indies, shall desert from the ■place appointed for him to reside at till the time of his embarkation to go to the East- Indies, or shall refuse to perform his agreement, it shall be lawful for any person or persons to apprehend such person or persons, and convey him before a magistrate ; and it shall be lawful for such magistrate, on proof of the case, to commit such person or persons to gaol, there to be kept in safe custody, and maintained at the expense of the said United Company, until such pei'son can be sent to India ; and it shall be lawful for the said United Company to cause such person or persons to be conveyed in custody on shipboard, to be carried to tlie East-Indies, in such service as aforesaid. (1) (1) [ Vide 39 Geo. 3, cap. 109 : 50 Geo. 3, cap. 87 ; 57 Geo. 3, cap. 57 ; 3 & 4 Vict. cap. 6 ; and 3 & 4 Vict. cap. 37,] Claims to the teni- XXXIX. Provided always, and be it enacted, that nothing herein contained shall extend, torial acrillisitions not , . ,. rr i ■ ^ i . c i 11. 1 -T affected, or be construed to extend, to prejudice or anect the rights or claims ot the public, or the said United Company, respecting the territorial acquisitions and revenues. 21GEO. III. Cap.70.] 47 21 GEORGII III. Cap. LXX. An Act to explain and amend so much of an Act, made in t/ie Thirteenth Year of the Reion of his present JMajesti/, intituled "An Act for establishing certain Re( tin- (i..v.'nio'r.giMic- .11 " 1 ■ 1 . 1 -1 1 . .1 1-1 -I i' -.1 "r.l ". ral niid loiincil tniijr plead tlie general issue, and give the said order in evidence; winch saul order, willi prool th:it p|,.,„ni„. g,.|i.ral i»nic. the act or acts done has or have been done according to the purport of the same, shall .imounl to a sufficient justification of the said acts, and the defendant shall Ik- fully justified, ac(|uitted, and discharged from all and every suit, action, and process whatsoever, civil or criminal, in the said Court. 48 [21 Geo. III. Cap. 70. Proviso- III- Provided always, that with respect to such order or orders of the said Governor- o-eneral and Council as do or shall extend to any British subject or subjects, tlie said Court shall have and retain as full and competent jurisdiction as if this Act had never heen made. (1) (1) [B}^ 3 & 4 Wm. 4, cap. 85, sec. 43, tlie Governor-general in Council is empowered to make laws for all persons and all Courts, without exception.] The Governor-gene- IV. Provided also, that nothing herein contained shall extend, or be construed to extend, mLn"'iiiii'""'^'to'°;my *" discharge or acquit the said Governor-general and Council, jointly or severally, or any cumpiiiiiit before a other person or persons acting by or under their order, from any complaint, suit, or process, tl°i"'idiv"joni.°"^ '" before any competent Court in this kingdom, or to give any other authority whatsoever to tlieir acts, than acts of the same nature and description had, by the laws and statutes of this kingdom, before this Act was made. If any person making V^. And in order to prevent all abuse of tlie powers given to the Governor-general and pr"me''cou"rt^ against Council, be it further enacted, that in case any person, by himself, or his attorney, or the Governor-general, counsel, shall make a complaint to the Supreme Court, and enter the same in writing, and or^prsons'' acting "ui'i- Upon oatli, of any oppression or injury, charging the same to be conmiitted by the said , 1 ■ Britain, within two severally, to the United East-India Company, 111 such a penalty as the Court shall appoint, J''-''"'^' effectually to prosecute the said complaint, by indictment, information, or action, in some competent Court in Great Britain, within two years of the making of the same, or of the return into Great Britain of the party or parties against whom the same is made ; that then, surh person may com- and in such case, the party complaining shall be, and is hereby enabled to compel, by order of (Jonrt^^thr''irodi'ictlon t'^*^ Court, the production in the said Supreme Court of true copy or copies of the order or of copies of the orders orders of Council complained of, and to have the same authenticated by the Court, and to mine witnesses, &e.''^' examine witnesses upon the matter of the said complaint, and also on the part of the person or persons complained of; and the said parties, as well complaining as complained of, shall have and enjoy severally all manner of advantages, rights, and privileges, relative to proof of the said complaint or defence, and also relative to any mandamus or commission to be issued by any of his Majesty ''s Courts in Westminster Hall, in case the Court upon motion shall think fit to issue the same, as are provided in case of any suit in such cases by an Act of the thirteentli year of his Majesty's reign, intituled, " An Act for establishing certain Regulations for the better Management of the Affairs of the East-India Company, as well in India as in Europe ;" and the Supreme Court shall have the same powers for the compelling witnesses to appear and be examined, and the same rules and directions shall be observed for the trans- mitting the depositions of witnesses and other papers to this kingdom, as are provided by the said recited Act. Authenticated copies V'l. And be it further enacted, that all copies so authenticated of orders of the said Gover- of orders and deposi- nor-scneral and Council, and also the depositions which shall have been taken in manner tions shall be received » i ... . r t • nr ■ ■> •■■ evidence in the aforesaid before the Supreme Court, shall be received in evidence in any of his JMajesty s Courts at Westmin- ^^^^.^^ ^^ j^aw or Equity at Westminster. 2IGeo. III. Cap.70.] 49 VII. And he it further enacted, tliat no prosecution or suit shall be carried on against the Limiiation of ,ic- said Governor-general, or any member of the Council, before any Court in Great Britain ''""*■ (the High Court of Parliament only excepted), unless the same shall he commenced within five years after the offence committed, or within five years after his arrival in Kngland. (1) (1) [_Vi(lc 53 Geo. 3, cap. 155, sec. 124, and 55 Geo. 3, cap. 84, sec. 9.] VIII. Atid be it further enacted, tiiat the said Supreme Court shall not have or exercise Supreme Court iu,t any iurisdiction in any matter concerning the revenue, or concerninff any Act or Acts ordered '? ''•'"'" "'"' J""'*'"^- ••'.-; '?. 1 tion iiianv miiiter COM- or done in the collection thereof, accorchng to the usage and practice of the country, or the ceming tlie revenue. regulations of the Governor-general and Council. IX. And for removing all doubts concerning the persons subject to the jurisdiction of the No person sliall be said Supreme Court, be it enacted, that no person shall be subject to the jurisdiction of the subject to the. jurisdic _, _, ~ , n 1 . 1 • 1 1 1 11 > 1 """ "' ''"' Supreme Supreme Court, for or by reason of his being a landowner, landholder, or farmer of land, or Court on acroum of his of land-rent, or for receiving a payment or pension in lieu of any title to, or ancient jwssession ^'"^ "n"'!?"*!"'^ " of, land or land-rent, or for receiving any compensation or share of profits for colkvtini'- of rents payable to the public out of such lands or districts as are actually farmed by himself, or those who are his under-tenants in virtue of his farm, or for exercising within the said l.iiids and farms any ordinary or local authority commonly annexed to tiie possession or farm thereof, witliin the provinces of Bengal, Bahar, and Orissa, or for or by reason of his becoming secu- rity for the payment of the rents reserved or otiierwise payable out of any lands or farms, or farms of land, witiiin the provinces of Bengal, Bahar, and Orissa. X. And be it further enacted, that no person, for or by reason of his being employed by nor for being employed the Company, or the Governor-general and Councilor by any person deriving authority / ' « '^ ""l""')'. o«:- under them, or for or on account of his being employed by a native or descendant of a native of Great Britain, shall become subject to the jurisdiction of the Supreme Court in any matter of inheritance, or succession to lands or goods, or in any matter of dealing or contract between party or parties, except in actions for wrongs or trespasses, and also except in any civil suit Exceptions. by agreement of parties in writing to submit the same to the decision of the said Court. XI. And t'"'i<'' ,,.',,,.., , . , . , , , , " "^ of every native iiu- Majesty s JintisM subjects; he it enacted, that, on or before the first day of .fanuary, one ployed in the service thousand seven huiuired and eigiity-tiiree, the Governor-general and Council shall caiise the °u,|ici'„V"'' ortkv ^ name, description, and place of usual abode, of all and every native employed in tlie service of shall be enter, d i . « the East-India Company in any judicial office, or as principal native officer of any district in ''""''■ the collection of revenue, or in any commercial concerns of the Company (except as herein- before excepted), to be entered in a book or books alphabetically disposed, ilistinguishing the district in which the said officers are employed ; of which book or i)ooks two copies siiall l)e made, one of whidi shall remain in the provincial oflice, and the other of which shall be re- gistered in the Supreme Court ; and the Governor-general and Council are herehv ri<|uired to register, or cau.se to be registered, the name of every person hIid siiall afterwards be appointeil to succeed to any oflice, vacant or new created, within liirre iniuilhs nf the said ap|)ointnieiit or creation. XII. And hi- il further enacted, llial uluMiever any pir-on or persons shall liap) en to die On thedemii .il ,niy or shall he reniovid from any iuiiicial office or euinJovMn ni whatsoever, in the si'rvicc of the I'""''""" <'">|''".V'''I by ■■, ^ .. 1 ■ " I onipiiny, lijn i'.ast-lntlia Conipanv, the name or names of such person or persons so dyiny or iXMiKJVetl, as name shall be entered in a book. 50 [21 Geo. III. Cap. 70. aforesaid, shall be entered in a book or books for that purpose, to be kept in the manner afore- said. All Britisli subjects XIII. And it is hereby further enacted, that all and every of his Majesty's British subjects slinil enter, m the pro- g|^ jj J,, jjj^p manner, cause to be entered in the provincial office of the district in which the vmcial olTice. the name ' ' i-il i..,,/.,,/. and place of abode of said Britisli subject doth most commonly reside, the name, description and place or abode, of their native stewards, j^^^ native steward or stewards, agent or agents, or partner or partners, in any concern of revenue or merchandize (if any such steward, agent, or partner he hath), and in like manner shall enter, or cause to be entered, within three montlis from the time of succession, or new appointment, or new partnership, the names of him or them who are dismissed, dead, or new appointed, in the said provincial office ; and the President of the said Council is directed to transmit, within three months, to Calcutta, the name of every person who shall succeed to the said employment or partnership, for which a fee of one sicca rupee for every entry, and no more, shall be paid to the officer keeping the said register. Penalty on British XIV. And be it further enacted, that if any British subject shall be convicted, before the subjects employing any g^,pj,gi^^(j Court, of employing any native agent, or engaging with any native partner, not re- so registered. gistered as herein-before is provided, or who shall be, hona fide, and in effect and substance, such as:ent or partner (although by covin, collusion, or deceit, the same may be recovered and concealed, contrary to the true intent and meaning of this Act), the said British subject, if in the Company's service, shall forfeit, on conviction, the sum of five hundred pounds, and if not in the Company's service, shall forfeit one hundred pounds, to any person suing for the same. No native entitled XV. And it is hereby further enacted, tliat no native shall, after the first day of January, i's're'Tstered ^'^^°^^ '"^ ''"^ thousand seven hundred and eighty-three, be entitled lo receive any fee or salai-y, except from the day of the date of his registry. Penalty on British XVI. And be it further enacted, that if any British European subject shall engage in any European subjects en- „„,,„„„„ „£ trade with a native partner not registered as herein directed, the said British subject gaging in trade with '■ . "^ .,.,.. native partners not sliall not be entitled to recover or receive any sum or sums of money by reason of tlie said joint registered. concern, or to compel an account thereof, by any suit in law or equity, in any Court within the said provinces; and any person, prosecuting to conviction, in the Supreme Court, a British subject having a native partner or agent not being registered as aforesaid, shall be entitled to and shall recover, by due process of the said Court, the whole of the salary engaged for, and shall also be entitled to an account and receipt of the said British subject's share of profit of any partnership entered into witli any person or persons not conforming to the regulations of this Act. How the Supreme XVII. Provided always, and belt enacted, that the Supreme Court of Judicature at Fort Court shall determine -wiUiani in Beno-al shall have full power and authority to hear and determine, in such man- Actions bctwocn Malio- r^ r -^ medan and Gentu in- ner as is provided for that purpose in the said Charter or Letters Patent, all and all manner habitants of Calcutta, ^f ^^^j^^^^ ^^^ ^^j^^ against all and singular the inhabitants of the said city of Calcutta, provided that their inheritance and succession to lands, rents, and goods, and all matters of contract and dealing between party and party, shall be determined, in the case of Maho- medans, by the laws and usages of Mahomedans, and in the case of Gentus, by the laws and usages of Gentus ; and where only one of the parties shall be a Mahomedan or Gentu, by the laws and usages of the defendant. 21 Geo. in. Cap. 70.] 51 XVIII. And, in order that regard should be had to the civil and religious usages of the The authority of said natives, be it enacted, that the rights and authorities of fathers of families and masters S^^iiJ^,""'i,no"^';g'"'''|°e of families, accordin"' as the same might have been exercised by the Gentu or Mahomedan natives, to be pre- law, shall be preserved to them respectively within their said families ; nor shall any acts "^'^'^ ' *" done in consequence of the rule and law of caste, respecting the members of the said families only, be held and adjudged a crime, although the same may not be lield justifiable by the laws of England. XIX. And be it further enacted, that it shall and may be lawful for the Supreme Court The Supreme Court of Judicature at Fort William in Bengal to frame such process, and make such rules and IJf"pr(^™r, &c!^ in suits orders for the execution tliereof, in suits civil or criminal against the natives of Bengal, Bahar, against the natives as . !• 1 • /• shall suit their rehgion and Onssa, as may accommodate the same to the religion and manners or sucii natives, so lar a„j manners. as the same may consist with the due execution of the laws and attainment of justice. XX. Provided always, and be it enacted, tliat sucii new forms of process, and rules and Such forms to be orders for the execution tliereof, shall be forthwith transmitted to one of his Majesty's prin- J™ s" reiariisof'sut'i cipal Secretaries of State, to be laid before iiis Majesty for his royal approbation, correction, for his :\Iajesty'8 ap- or refusal ; and such process shall be used, and such rules and orders shall be observetl, until '"^'* " "* the same shall be repealed or varied, and in tlie last case with such variations as shall be made therein. XXI. And whereas the Governor-general and Council, or some Committee thereof or a)i- The Govcrnor-gcne- pointcd thereby, do determine on appeals and references from the Country or Provincial o',Vapmaisf and shall Courts in civil causes : be it further enacted, that tlie said Court shall and lawfully may liold he deemed a Court of all sucli [)leas and appeals in the manner anil with such powers as it hitherto iiatli iiekl tlie same, and siiall be deemed in law a Court of llecord ; and thejudgments tlierein given shall be fin;d and conclusive, except upon appeal to his IVIajesty, in civil suits only, the value of which siiall be five thousand pounds and upwards, (1) (1) [Sec note on section 4 of 37 Geo. 3, cap. 14:2.] XXII. And it is hereby further enacted, that the Court aforesaid shall and is hereby and shall determine on , . , all offences eomniitlea declared to be a Court to hear and determine on all otteiices, abuses, and extortions com- i„ eoiieeting the rcvc- mitted in the collection of revenue, or of severities used beyoiul what shall appear to tiie "'Ji'i ^c said Court customary or necessary to the case, and to punish the same according to souiul discretion, jmjvided the said punishment does not extend to death, or maiming, or perpetual imprisonment. XXIII. And it is hereby enacted, that the Governor-Kcneral aii " ... Council may Irame power and authority from time to time to fraiiK' regulations for the Pruviiuial Courts ami rcKulaiiuns for the councils, and shall, within six months after the making the said regulations, transiiiil or rrovinciaUourts &c. cause to be transmitted topics of all the said regulations to the Court of Direi-tors, ami to one of his Majesty's principal Secretaries of State, which regulations his Maj^•^ty in Coiimil may disallow or amend ; and the said regulations, if not disallowed within two years, shall be of force and authority to direct the said Provincial Courts, according to the tenor of the said amendment, proviiieil tlie same do not jiroiluce any new expense to the suitors in the said Court. (1) (I) [Vide 3 8c 4 \Vm. 4, cap. 85, sec. 43.] Ji2 52 [23 Geo III. Cap. 30. juiiiciii! ofticers in XXI \'. And whereas it is reasonable to render the provincial magistrates, as well natives iiablc""'t'o\cSs"or as British subjects, more safe in the execution of tjieir office : be it enacted, that no action wioiii;, S;c. iii the Su- foi- -vvrone' or injury shall lie in the Supreme Court asfainst any person whatsoever exercising premu Court for any . ,. • , ,t> • " i .-i ^ /-> ^ i- • i ^ . i i p i • i ^ juilgmont, decree, or a judicial olhcc m tlie (.ountry Courts lor any judgment, decree, or order ot the said Court, *'"''•■''• nor against anv person for any act done by or in virtue of tiie order of the said Court. No rule or other XXV. And be it further enacted, that in case of an information intended to be brought process to be made on ij. .. ije • ,. i. r j. ^ i i informiitionaminstany or moved lor against any such omcer or magistrate tor any corrupt act or acts, no rule or such otlieei, until pro- other process shall be made or issued thereon, until notice be given to the said magistrate or per notice has been „■ , » , . , . pit- • • • i i i i • given to hiui. ofhcer, or left at his usual place oi abode, in writing, signed by the party or lus attorney, one montli, if the person exercising such office shall reside within fifty miles of Calcutta, two months if he sliall reside bevond fifty miles, and three montlis if he shall reside beyond one hundred miles from Calcutta, before the suing out or serving the same, in which notice the cause of complaint shall be fully and explicitly contained ; nor shall any verdict be given against such magistrate, until it be proved on trial that such notice hath been given, and in default of such proof, a verdict ^vitIl costs shall be given for the defendant. No magistrate liable XXVI. And be it furtlier enacted, that no magistrate shall be liable in any such case to Imti'i"^ 'iie'*'simii'"have ^"J' Personal caption or arrest, nor shall be obliged to put in bail, until he shall have declined declined to appear to to appear to answer after notice given as directed by this .'\ct, and service of the process directing his appearance by himself or his attorney. as GEORGII III. Cap. XXXVI. An Act to discharge ami i/idemnifi/ the United Cotnpany of Merchants of England trading to the East-Indies, from all Damages, Interest, and Losses, in respect to their not mdking regulat^ Payment of certain Sums due, and to become due, to the Public, and to allow further Time for such Payment; and to enable the Company to borrow a certain Sum of JMoney; ajul to make a lyividend of Four Pounds per Centum to the Proprietors at Midsummer, one thousand seven hundred and eighty-three. Section 2 of this Act sanctions an increase of the Bond Debt of the Company. See note on 34 Geo. 3, cap. 41. 24 Geo. III. Cap. 25.] 53 23 GEORGII III. Cap. LXXXIII. An Act for grunting Relief to the United Cowpaiiij of JMcrchants of EnglamI trading to the East- Indies, bij alloicing farther Tune for the Payment of eer tain Sams dae, and to become dae to the Pahlic, and by advancing to the said Company, on the '/'erms therein mentioned, a certain Sum of Money to be raised by Loans or Exchequer Bills ; and to enable the said Company to make a Dividend of Four Pounds per Centum to the Proprietors at Christinas, one tJiousaiul seven hundred and eighty-three ; and to regulate the future Payment of Debentures of Draic- backs on East- India Goods. Section 8 of this Act refers, among other matters, to a contemphited reduction of the Company's Bond Debt. See note referred to mider the last title. The present mode of conducting the Home Government of India originated in the Act 24 Geo. 3, cap. 25, by which the Board of Con- trol was estal)lished ; but the whole of that Act was repealed by the 33 Geo. 3, cap. 52, with the exception of the following sections and a few others of a temporary nature. 24 GEORGII III. Cap XXV. An Act for the better Regulation and Managemeid of the Affairs of the East- India Company, and of the British Possessions in India ; and for establishing a Court of Judicature for tlie more speedy and effectual Trial of Persons accused of Offences committed in the East- Indies. XXX. And be it further cnac• apimiiited by the dif- one Judge being nominatetl irom each oi the .said Courts respective!}- ; and if tlie fam lists fcrent Courts, shall contain more than twenty-six Members of the House of Lords, or forty of the House of Commons respectively, the said Judges shall, within three days from the receipt tliereof, cause the names contained in the said list or lists of either or both Houses respectively (as the case may happen) to be put into a box or boxes, and twenty-six names of the said Peers, and forty names of the said Commons, to be publicly drawn by lot, in the presence of the said Judges ; and that the said tliree Judges shall have power and authority, and they are hereby required to give notice to all such Members of the two Houses of Parliament, whose names shall havebeen so returned, or drawn by lotas aforesaid, and also to his Majesty's Attorney- general, or other prosecutor, and also to the party accused, as the case may require, of tlie time and jilace to be appointed by the said Jutlges (not exceeding twenty days from such lists being delivered to them as aforesaid) for proceeding in the execution of tliis Act ; and tile names of all such Members of either House of Parliament as shall not attend in conse- Names of the Mcm- quenceof such notice, shall be transmitted to the Speaker of each House respectively, within rmrred.&V.'vi ho shall three days, if Parliament be then sitting, or if not, within three days after tiie next meeting not attend on receiving of Parliament ; and all such persons as shall apjiear to have made default as aforesiiiil, shall transmitted to the for6?it to his INIajesty, his heirs and successors, the sum of five hundred pounds each, unless •'ipenkcr. they siiall offer such excuses as shall appear to each House of Parliament respectively to bi> £^'''"^X^^ to forfeit valid and siidicicnt : And if any IVIcmber of eitiier House of Parliament, whose name shall have been drawn by lot in the presence of the said Judges as aforesaid, shall have departetl this life, or shall hold any civil office of profit under the Crown dui-ing liis jVIajesty's jileasm-e, or sliall be, or sliall have been, a member of the said IJoard for the affairs of Luliajor shall be, or shall have been, a Director of the said Company, or shall hold, or shall have held, any office or employment in the service of tlie said Conijiany in India, then, in each and evii-y such case, another name shall be drawn out of the same box (if any such name there be) instead of the name of such person. LXVIL And be it further enacted, that the senior of the said three Judges present at the ,. , .If, . 1 /^. ■ • 1 II 1 1 .^ . 1 r 1 .' Tlie senior Judpe respective meetings of the saul bpecial Conimissioners shall be the President of such meeting ^^^.^^.„^ ,„ i^. \>n;\. or meetings : aiul that all questions, resolutions, ami determinations before the said Special di-nt of th.- meeting. Commissioners, shall be by a majority of voices of the Special Commissioners then and there present ; and if the voices shall be equal, the tluii I'l-esident shall have a seconti or casting voice. Five sections of tliis Act arc here omitted, a.s tlicy consist oi pro- visions relatino; to the constitntion of" the Court, and tlie modes ol proceeding, wliieh are eitiier varied In '26 Geo. 3, cap. ;')7. or repeated tlierein. 56 [24 Geo. III. Cap. 25. Commissioners appoint a Register. to LXXIII. And be it further enacted, that the said Special Commissioners shall nominate and appoint a fit and proper person or persons to act as their Register or Registers in the exe- cution of the said Commission : and when and so soon as the said Commission shall have been fully executed, the said Commission, and tlie information and plea, and the judgment had thereupon, and all the depositions and examinations, and other proceedings concerning the premises, shall be delivered over by such Register or Registers unto the Clerk of the Cro^vn in the Court of King's Bench, to be kept and recorded in that Court. Suiipcenas may be LXXIV. And be it further enacted by the authority aforesaid, that subpoenas requiring ance of witnesses. ^^'^^ attendance, before the Special Commissioners to be appointed under this Act, of any witness or Avitnesses as or on behalf of any person or persons prosecuted under tlie authority of this Act, may be issued out of the Crown Office of the Court of King's Bench ; and in case any witness, having due notice of such subpoena, shall not attend in obedience to such subpoena, his non-attendance shall be deemed a misdemeanor, and subject him to be indicted ; Non. attendance to and in case any such witness shall attend, but shall refuse to be examined, it shall and may be ^pj,^Qr ' ' lawful for the said Special Commissioners to punish such witness by fine or imprisonment, at their discretion. Commissioners may send for persons, pa- pers, and records ; and may commit pre- varicators to the Fleet, &c. LXXV. And be it further enacted, that the said Special Commisioners have full power and authority, by virtue of this Act, to send for persons, papers, and records, and to examine all witnesses, v/ho sliall come or be brought before them, upon oath, to be taken before them, and to cause the examinations of such witnesses, if they shall so think fit, to be reduced into writing, and to be signed and subscribed by such witnesses respectively ; and if any person brought before the said Special Commissioners shall j^revaricate in his evidence, or shall otherwise misbehave himself before the said Special Commissioners, the said Special Com- missioners shall and may, if they shall so think fit, commit such person to the prison of the Fleet, or the gaol of Newgate, there to remain for such time as the said Special Commis- sioners shall appoint, unless the said Commissioners shall order them to be released sooner, which they are hereby empowered to do; and if any such witness shall wilfully give any false evidence before the said Special Commissioners, such witness sliall be deemed guilty of wilful and corrupt perjury, and shall and may be indicted and punished for the same accordingly. The recognizance aforesaid shall bind all the goods of the piin- cii>al party at the time of entering into the same, &c. LXXVI. And be it further enacted, that the recognizance to be entered into as aforesaid, shall bind tlie property of all and singular the goods and chattels, which were the goods and cliattels of tlie principal party entering into such recognizance at the time of his entering into the same, or whicli he shall or may acquire at any time afterwards, and before he shall be discharged from such recognizance ; and shall also bind all estate and interest in all lands, tenements, and hereditaments, whereof tlie said principal party shall be seized or possessed, or whereof any person or persons, in trust for the party so entering into such recognizance (at the time of his entering into the same, or at any time afterwards, and before he shall be discharged therefrom), shall be seized or possessed. Wliere tlie party sliall LXX VII. And be it further enacted, that where the party against whom such information a^iild""? to pay a fi'nc'^ ^'^^'^ ^^^^'^ ^'''^" exhibited as aforesaid shall he adjudged to be guilty of the crime charged in lie may he examined by such information, and shall be adjudged to pay a fine unto his Majesty, his heirs and succes- Conrt^of°' Exchequer ^ors, that it shall and may be lawful for his Majesty's Attorney-general, or for the said as to his estate and United Company, or other prosecutor, to exhibit interrogatories before the Court of Exchequer, for the examination of the party adjudged to pay such fine as aforesaid, as to 24GEO. III. Cap. 25.] 57 his estate and effects sufficient to answer the same fine ; and^ if the said pai-ty shall not If he shall not appear, appear, or shall refuse to answer to such interrogatories, or shall wilfully conceal any part of ^^ u^'sliiUl^foTfcU ali his estate or effects, hereinbefore declared to he liound by sudi recognizance as aforesaid, or his estate, and becom- which shall by law be liable to be extended in satisfaction tlicreof, such party, on his default of appearance before sucli Court, or on his refusal to answer such interrogatories, sliall forfeit to tiie Iving\s Majesty, liis heirs and successors, all and singular his goods and chattels, lands, tenements, and hereditaments whatsoever, and shall be liable to be imprisoned in the gaol of Newgate, or the Tower of London, for such time as the said Couit of Exchequer shall direct. LXXVIII. And whereas the provisions made by former laws, for the iiearing and deter- Depositions of «it. mining in England offences committed in India, have been found ineffectual by reason of the '"'sscs taken in India, jo: u r • ■ .1 • I • 1 i. I *i 1 •. J- ^1 " 11 1 and transmitted lo tie difficulty of provmg, in this kingdom, matters done there; be it further enacted by the Court of Kings Bench, authority aforesaid, that in all cases of informations laid or exhibited by virtue of this Act in ""'y f"^ ''<'"<' he.'ore tlie .1 • j'r< , e T" 1 I. I i- -1 If • "i ■ T 1- • 1 1, 1 Special Commission- the said t ourt or King s IJench, tor misdemeanors or oitences committed m Incha, it shall and ers, and shall hedeem- niay be lawful for his Majesty's said Court, u])on motion to be niatle on beliallOf iiis Majesty's V^ eompeient cvl- Attorney-general, or other prosecutor, or of the defendant or defendants, to award a writ oi- writs of mandamus, reipiiring the Chief .Justice and Judges of the Su])reme Court at Fort William in Calcutta for the time being, or the .Judges of the Mayor's Coin't of any of the British settlements in India, as the case may re(juire, who are hereby respectiM'l\ autiiorized and required accordingly, to hold a Coui-t with all convenient speed for the examination of witnesses, and receiving other ])ro<)fs concerning the matters charged in such ini'ormations respectively ; and in the mean time to c.iuse such public notice to be given of the iuilding tlu' said Court; and to issue such sinnmons or other process a;? may be requisite for the attend- ance of witnesses, and of the agents or counsel of all or any of the parties respecti\ely, and to adjourn from time to time as occasion may require; and such examination as aforesaid shall be then and there openly and publicly taken, vira voce, in the said Court, upon the respective oaths of witnesses, and the oaths of skilful interpreters, administered according to the forms of their several religions, and shall, by some sworn officer of such Court, fje reduced into one or more writing or writings on j)archmeiit, in case any duplicate or duplicates should be recpiired by or on belialf of any of the ])arties interested, and shall be sent to his IMajesty, in his Court of King's Dench, closed uj), and under the seals of two or more of the Judges of the said Supreme Court ; and one or more of the .Tudges of the said Supreme Coiu-t shall deliver the same to the agent or agents of the jiarty or parties requiring the same; which said agi'Ut or agents (or, in case of his or their death, the person into whose hands the same shall come) shall deliver liie same to one of the clerks in Court of his Majesty's Court of King's IJench, in the public ofKce, and make oath that he received the same from tlie hands of one or more of the Judges of such Court in India (or in what manner the same came into his hands), aiul that the same has not been opened or altered since he so received it (which said oath such clerk in Court is hereby authorized and retpiired to administer) ; and such ilepositions, being didy taken and returned, according to the true intent and meaning of this Act, shall be allowitl and read before the said Special Commissioners, and shall l)e deemed as good and competent evidence as if such witness had been present, and sworn and examined 7'iva focc, at any trial, before the said Special Commissioners, for such crimes or misdemeauors as aforesaid, any law or usage to the contrary notwithstanding ; and all i)arties concerned >hall be entitled to take copies of such dei)ositions at their own costs and charges ; and the Cliief .Itistice of the said chief .luxijir i>i die Court of King's ]{ench,or(meof the .1 udi.es of tlie said Court, sh.ill.wilh all convenient spivd ^'"«'' '''•"',''• ^'' '" n 7 r^ I deliver nie di-pu-nion, after such deposition shall have been so received, tugrllur willi ih^' said iiiloi inalion and |iUit, Sir. loiln- Lord ( linr. eclliir. I 58 1_24Geo.III. Cap. 25. cause the same to be delivered over to the Lord High Chancellor, or Lord Keeper, or Lords Commissioners for the custody of tiie great seal of Great Britain, who shall thereupon issue the Commission under the Great Seal, in the manner by this Act directed. Restriction as to the LXXIX. Provided always, and it is hereby further enacted, that no information, or plea, delivery thereof. ^^, (jpposition, which by this Act is directed to be delivered over by the Chief Justice of the Court of King's Bench, or one of the Judges of the said Court, to the Lord High Chancellor, or Lord Keeper, or Lords Commissioners for the custody of the Great Seal of Great Britain, shall be so delivered over, at any other time than during some one of the tin-ee usual and accustomed terms iiereinafter mentioned ; that is to say, Hilary Term, Easter Term, or Michaelmas Term. Writings received by LXXX. And, in order to promote the ends of justice in ascertaining facts committed at the Court of Directors o-i-eat a distance from tliis country, by such evidence as tlie nature of the case will render from India, and copies » . . of writings sent by the practicable ; be it further enacted, that in all proceedings upon such information as aforesaid, t^iere' 'relatTve^'^to^ilie '^s ^^^11 as the depositions taken under such commission or commissions, after the publication charge in the informa- thereof, as also all writings which shall liave been transmitted from tlie East-Indies to the miued by tlie Com- Court of Directors of the said United Company, by their officers or servants resident in the missionersas evidence. East-Indies, in the usual course of their correspondence with the said Court of Directors, and copies of all writings which shall have been transmitted by the said Court of Directors, or by any committee thereof, to the officers and servants of the said United Company resident in tlie East-Indies, and which in any manner relate to the subject matter of the charge to be contained in such information, or to the defence to be made thereto, may be admitted by the said Com- missioners to be offered in evidence, and shall not be deemed inadmissible or incompetent, un- less upon objections arising from tlie nature of the contents of the said writings ; subject nevertheless to be impeached, in point of credibility, by -such observations and objections as the nature of such evidence, or other cii'cumstances may suggest; any rule of the common law to the contrary notwithstanding. Court of King's LXXXI. And be it further enacted, tliat the said Court of King's Beiicli shall have power o^Th^prosecutorX! '^"'^ authority, at the prayer of his Majesty's Attorney-general, or other prosecutor,.or of the may Older an examina- party against whom sucli information shall be exiiibited, to order an examination de bene esse interro-'atoriesT&c.' °" '^^ witnesses, upon interrogatories to be had and taken before an examiner to be by them ajipointed for that purpose, or by commission, as the case sliall require, and to cause the dejjo- sitions of such witnesses to be published, when the same shall appear to tiieni to be proper and necessary ; and which depositions shall be afterwards admitted to be read in evidence before the said Commissioners, and siiall be deemed good and sufficient evidence in the law as afore- said ; saving all just exceptions to be taken to such depositions, when the same shall be offered to be read as aforesaid. Limitation of prose- LXXXII. And be it further enacted by the authority aforesaid, that no prosecution in consequence of this Act shall be commenced, unless witiiin the space of three years after the return of the party prosecuted into Great Britain, or within tliree years after the delivery of tlie inventory or particular required by this Act. (1) (1) [The provisions respecting the delivery of the inventories here alhideci to were repealed by 26 Geo. 3, cap. 57, which see for further provisions respecting the Court of Judicature for the trial of offences committed in India.] cution: 26GEO. III. Cap. IG.] 59 LXXXIII. Provick'cl ahvayi=, and be it enacted, that nothing herein contained shall Not to affect claimi extend, or be construed to extend, to prejudice or affect the rights or claims of the public, or ^qutsUions. the said United Company, respecting the said territorial acquisitions and revenues. 24 GEORGII III. Cap. XXXIV. An Act for the Relief of the East-India Company with respect to the Payment cf certain Sums due to the Public, and to the Acceptance of certain Bills drawn upon the said Company, and for regulating the Dividends to be inade by the said Co?upany. The 4th section of this Act makes provision for a reduction of the Bond Debt of the Company. On this subject see the note on 34 Geo. 3, cap. 41. 26 GEORGII III. Cap. XVI. An Act to explain and amend certain provisions of an Act, made in the twenty-fourth year of the reign of his present Majesty, respecting the better Regulation and Management of the Affairs of the East-India Company. Bv the 33 Geo. 3, cap. 52, the whole of this Act is rc})ealed, except such parts as repeal former Acts. The only sections which fall within the exception are the third and Hfth, which repeal certain parts of the 24th Geo. 3, cap. 25 ; but the whole of that Act (excepting parts which relate to certain temporary arrangements, to the new Court of Judicature for trying offenders, or which go to repeal former Acts) liaving been repealed by the said 33 Geo. 3, cap. 52, it is lumecossary to print those sections here. c. 85. 60 [26Geo. III. Cap.57. 26 GEORGII III. Cap. LVII. An Act for the further Regulation of the trial of Persons accused of certain Of- fences committed in the East-Indies ; for repealing so much of an Act made in the twentii-fourth year of the reign of his present Majesty, intituled, ''An Act for the better Regulation and Management of the Affairs of the East-India Company, and of the British Possessions in India, and for establishing a Court of Judicature for the more speedy and effectual trial of Poisons accused of Of- fences committed in the East- Indies,'" as requiirs the Set'vants of the East-India Company to deliver Inventories of their Estates and Effects ; for rendertng the Laws )iu)re effectual and easy against Persons unlaufully resorting to the East- Iiulies ; and for the more easy proof, in eertain cases, of Deeds and Writings executed in Great Britain or hulia. Preamble. Wliereas by an Act made in the twenty-fourth year of his Majesty's reign, intituled, " An Recital of 24 G. 3, Act ft>r tlie better Regulation and ^Management of the Affairs of the East-India Company, and of the British Possessions in India ; and for establishing a Court of Judicature for the more speedy and effectual trial of Persons accused of Offences committed in the East-Indies," divers provisions were made and enacted for the more effectually prosecuting and bringing to speedy and condign punishment tlie crime of extortion, and other misdemeanoi's, committed in the East-Indies by British subjects, in the service of his Majesty, or of the said Company; and particularly for constituting a special Court of Judicature for the trial of any information to be exhibited in his Majesty ''s Court of King's Bench, against such offenders, under and by virtue of a Commission, to be awarded under the Great Seal of Great Britain, directed to four Members of the House of Peers, six Members of the House of Commons, and three of the Judges of his Majesty's Courts of Law at Westminster, such Members and Judges to be selected and cliosen in the manner prescribed l)y the said Act ; and the said Special Commis- sioners, to be so constituted by such Commission, or any seven or more of them (of wliom one of the said three Judges was to be one), were, by the said Act, invested with full power and authority to hear and determine every such information, and to pronounce judgment thereon, according to the effect of the judgment at common law, upon convictions had and obtained according to the course of tlie common law, for extortion or other misde- meanor : and whereas the selection of the Members of the said respective Houses of Parliament, for the purposes aforesaid, may be rendered more easy and convenient : and whereas it is judged expedient, that, instead of seven, not less than ten Commissioners, to be constituted by such Commission as aforesaid, should have authority to hear and determine any such information, and, for tliat purpose, tliat a greater number of Members of each House of Par- liament than is directed by the said Act, should, together with the said three Judges, be named and authorized as Commissioners, in and by such Commission : and wliereas it is also expedient, that for giving greater vigour and efficacy to the proceedings and judgments of the said Special Commissioners, further regulations should be provided and established : May it therefore please your Majesty that it may be enacted ; and be it enacted by tiie King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons in this present Parliament assembled, and by the authority of the same, that the IMembers of the House of Lords, by tlie said Act directed to be named by the said 26 Geo. III. Cap. 57.] 61 House for the purposes aforesaid, shall be chosen, nominated, and apiwinted in the manner following, and no otherwise, anything in the said recited Act contained to the contrary not- withstanding ; (that is to say), that within the first thirty sitting days of the House of Lords within the first thirty in every future Session of Parliament, the Members of the said House, or any of them, may *'"*'?8 "^y^ of every respectively deliver in, at the table, lists inclosed in covers, sealed up, and having the words six'^mmier^to^hrdX "East-India Judicature,'' and their resjx'ctivc names or titles of honour by which they are we- "^"'^ '"' •"^''•^ "•"• ''^ 11 I I 1- >• ■ 1 I • 1 J ,1 -11 „ . , .• •' " "'« Members of the nerally known anil distmguished, indorsed on tiie outside thereof, in their resjiective proper I'pppr House, from handwriting; every such list containing the names or titles of twenty-six Peers; and that, "■'"'^'"*''.''"^^" •'*'"'^'l on the first sitting after the expiration of the said thirty days, the Clerk of the Parliaments, or his deputy or assistant, or such other person as the said House shall direct, sliall prepare and lay upon the table of the said House, a list of the names or titles of the Lords who shall, within the said thirty days, have delivered such lists ; and that, on the next sittino- day of the said House, tiie said covers shall be opened by the Clerk of the Parliaments, or his deputy or assistant, or such other person as the said House shall direct, by the order of the Speaker of the said House, during the sitting of the said House, and all the lists which shall be so de- livered shall be taken out of the said covers and put into a box ; and the said lists shall be referred by the said House to a committee, who shall examine the same, and within such time as the said House shall direct, report to the House the name or title of every Lord whose name or title shall appear in ten or more of such lists ; and if the names or titles of the respective Members so returned sliall not amount to twenty-six Members at the least, exclu- sively of such of the Afembers so returned as shall be struck out of the said lists accordino- to tlie directions of this Act, the Members of the said House, or any of them, may, on any of the next seven sitting days of the said House, deliver in fresh lists in covers sealed up. and indorsed in the manner hereinbefore directed, each of such lists containing a number of names or titles of Members of the said House, equal to that number by which the list returned by the committee shall, exclusively of the Members struck out as aforesaid, fall short of twcnty- six ; and the said covers shall be opened, and the lists disposed of, referred, and proceedi'd upon after the end of the said seven days, in the manner lurein-])efore directed in respect to the said former lists. II. And Ix? it further enacted by the authority aforesaid, that the IMembers of the House and inthe smne period, of Commons, to be named by that House for the purposes aforesaid, shall be chosen, nomi- ''''" '""* "I f°"y.'-''""- •' II- ■ . niojiers to he delivered nated, and appointed in tlie manner following, and not otherwise, anything in the said recited '"■ ffoi'i wliiili shnll be Act contained to the contrary notwithstanding ; (that is to say), that witiiin the first thirty here"''' '""^ ■^'^'"' sitting days of the said House in every future Session of Parliament, the Members of the said House, or any of them, may resjieetively deliver in, at the table, lists, inclosed in covers, sealed up, and having the words " East-India Judicature," and their respective names, indorsed on the outside thereof, in their respective projier handwriting, each of which lists shall con- tain tiie names of forty Members of the said House; and that, on tiie first sitting day after the cxjiiration of the said thirty days, the clerk of the said House, or his dcput v or assistant, or such other person as the Housi' shall direct, shall prepare, and lay upon the fable, the names of all the Members who shall have delivered such lists; and that on tlii' next sitting day of tiie said House, the clerk of the said House, or any or either of such oilier persons as aforesaid, shall, at tlic tabh', during the sitting of the said House, by the order of the Sjiiaker, take the lists out of tiie said covers, and jiut tiie said lists together in a box ; and the said lists shall be immediately referred, by the said House, to a Committee, who shall examine the same, and within such lime as the House sliall direct, re]iorl to the House the name of every >[ein- ber whose name shall ap|)ear in twenty or more of the said lists ; and if the names so ivturned 62 [26Geo. III. Cap.57. shall not amount to forty at the least, exclusively of such of the said Members therein named as shall be struck out of the said lists according to the directions of this Act, the Members of the said House, or any of them, may, on any of the next seven sitting days of the said House, deliver in at the table of the said House fresli hsts, in covers, sealed up and indorsed in the manner hereinbefore directed, each list containing a number of names of Members of the said House equal to that number by which the list returned by the said Committee shall, exclu- sively of such of the said names as shall be so struck out, fall short of forty, and the said lists shall be opened, disposed of, referred, and proceeded upon, after the end of the said seven days, in the manner hereinbefore directed in respect to the said former lists : And the like order and course respectively as aforesaid shall be taken in each House of Parliament, until the said numbers of twenty- six Members of the House of Lords, and forty Members of the House of Connnons, shall have been returned to the said respective Houses, by the Committees to whom the said lists shall be referred, exclusively of such of the IMembers so returned as shall be struck out of the said lists according to the directions of this Act. Persons holding of- III. Provided always, and be it enacted, that if any of the persons named in any of the fices under the Crown jj^j.^ i-etiuned bv the said respective Committees, shall appear to hold any civil office of profit during pleasure, &€. to ... ' i r .' i^ be struck out of the under the Crown, during his IVIajesty's pleasiu'e, or to be, or to have been, a Commissioner '*'^' for the affairs of India, or to be, or to have been, a Director of the said Company, or to hold, or to have held, any office or employment in the service of the said Company in India, the names of all and every such persons shall be struck out of the said lists, by the order of the said respective Houses of Parliament. Jlode of delivering IV. Provided also, and be it further enacted, that if the deUvery of the said lists at the in of lists left to the tables of the respective Houses of Parliament, in the manner directed by this Act, shall occa- Houses of Parliament, r ' _ • . i • i 11 if that provided be sion any interruption of other business, or be found inconvenient ni any other respect, it shall found inconvenient. ^^ j,^^^.^^j f^^. ^^^^j^ ^^. ^j^j^^^. ^j. ^j^^ ^^^^j Houses, by their order or orders, to substitute such other mode for the delivery of such lists as the said Houses shall respectively tliink fit, and that the said lists shall, after the making of any such order or orders, be delivered according to the tenor and directions thereof respectively ; anything hereinbefore contained to the contrary notwithstanding. „, , . V. And be it further enacted, that the names of the twenty-six Peers, and forty Members The party accused .ii"v» « , j ^ j may challenge thirteen of the House of Commons, which shall have been so chosen by the said respective Houses of Commoner^ contained Parliament, or the names of the twenty-six Peers, and forty Members of the House of Corn- in the lists, as the mons, which (in case the said lists of both or either of the said Houses shall happen to contain lo™in^ the presence of a greater number of Members than as aforesaid, respectively) shall have been drawn by lot, the Judges, according gccordino- to the directions of the said former Act, or of such of them as shall personally appear to tli6 recited j.A.ct ^ at the time and place appointed, in the maimer by the said Act directed, shall be put into a box, to be drawn by lot, in the presence of the Judges, to be appointed according to the directions of the said recited Act, and of the parties to the information to be tried, or their Prosecutor may dial- counsel or agents: And the person or persons against whom the said information shall have lenge the same num- ^^^^^ exhibited, shall have the liberty, as the said names are drawn out, to make peremptory challenges, to the number of thirteen of the Peers,' and twenty of the Members of the House of Commons, wliose names shall have been put into the said box ; and his Majesty's Attorney- general, or other prosecutor, as the case may happen, and also the party or parties against whom such information shall have been exhibited as aforesaid, shall respectively have power to make challenges to any of the names which shall be so drawn out, and to assign for cause of challenge any such matter as, in the opinion of the three Judges, or the majority of them. 26Geo. III. Cap.57.] 63 shall appear, in their discretion, sufficient to set aside the person or persons so challenged, for the purpose of obtaining equal justice ; and the first five names of tile said Peers, and likewise Tlie first five Tevrs, the first seven names of the said ■Members of the House of Commons, which being drawn out ["ommoncre.'^*' whose shall not be so challenged, or against whom no challenge shall have been allowed, shall be re- nnmcs shall be ers, J"iiges, appointed Spe- , , . , T r 1 ^ , TT /• /-. 11- • <^"'' Commissioners, and tlie said seven Members of the House oi Commons, by their respective jiroper names or titles of honour, together with the names of the said tliree Judges, to be inserted in the Special Commission to bo issued by virtue of tlie said recited Act, and of this present Act ; and the jiersons who shall be so named and authorized in and by the said Commission, shall appear within ten days, at the time and place to be appointed by the said tiiree Judges, and shall then and there take the following oath, before the Lord Higli Chancellor, or Lord Keeper, or Lords Commissioners of the great seal of Great Britain, for the time being, or any one of them: " I, A.B., do swear, that, as a Commissioner appointed by his Majesty's Commission Commissioner's Oath- " for the tri;J of the information now at issue against C. D., I will diligently attend " such trial, and that I willliear and determine the same to the best of my judgment, " according to the evidence which siiall be given. " So help me GOD." VI. And be it further enacted, that if, by reason of the challenges as aforesaid, tlie number If eliallengcr reduce of names so drawn out as aforesaitl siiall be reduced to less than five Peers and .seven Members '!'^ "L""'"'^, '" '"^^l tnaii five Peers and of the Hou.se of Commons respectively, then, and in such case, the said three Judges shall seven Commoners, new forthwith certify the same to the Speakers of the respective Houses of I'arliament, who shall ''*'' '" '"' """''^ ""'• lay tlie same before the said Houses respectively; and the said Houses shall respectively procwd, within any of the next seven days on which the said Houses shall respectively sit for tlie dis- patcli of business, to choose, nominate, and appoint twenty-six Members of the House of Lords, and forty Members of the House of Commons, after the manner and course aforesaid, the lists of which said respective Members so chosen and appointed, shall be transmitted to the Clerk of the Crown in his Majesty's High Court of Chancery, or his deputy, and be inserted in a new Commission, to be issued in the manner hereinbefore and in tlie said former Act directed : Provided always, that no day on which the House of Commons shall have atljourned, for want of the presence of a sufficient number of Members to execute the provisions of the several Acts passed in tlie tenth and eleventii years of the reign of iiis present IVIajestv, to re- gulate the trials of controverted elections or returns of Members to serve in Parliament, shall be accounted one of the sitting days of the said Hou.se, for any of the purjx>ses of this Act. VII. And be it further enacted, that the said Special Commissioners to be appointed as Power of tlic Com- aforcsaid shall have full power and authority to hear and determine every such information, '"""''""''^'■• and to pronounce judgment thereon according to the effect of the judgment of the common law u|3on convictions had and obtained according to the course of the common law for extortion, or other misdemeanor, and also to declare the party so convicted inca])able of serving tiie King's Majesty, his heirs or successors, or the snitl 1,'nitctl Comjiany, in any capacity whatever; and such judgment so pronounced by the .sjiid Sjiecial Commissioners as aforesaid, upon sucii information, shall be gooil and effectual, and shall be conclu- sive, to all intents and purposes ; and no certiorari shall lx> granted for removing the proceedings of the said Special f'ommissioners, on such information into any Court what- ever : and the proceedings of the .said Special Commissioners shall nut l;c imjieachetl, or 64 [26 Geo. III. Cap. 57. the validity thereof questioned, ill an v action orsuit, or other proceeding, in any Court of law or equity. Ten Commissioners \lll. Provided always, and be it enacted, that all and every the powers and autho- comijettnt to act. ... . , "i i i • , . i . ,,,."' . , rities given and granted by the said recited Act, and by tins present Act, unto the said Special Commissioners, shall and may be executed by or before any ten or more of them (of whom one of the said three Judges shall always be one), and that no act done or executed by or before the said Commissioners, unless ten or more of the said Com- missioners (of whom one of the said three Judges shall be one) shall be present at the doing or executing thereof (save and excejit in tiie particular cases hereinafter specially provided), shall be valid or effectual; any thing in the said former Act contained to the contrary notwithstanding. :\lajority to deter- IX. Provided also, and be it further enacted, that whenever the said Special Com- miiie, and the ' 'esi- niissioners shall not concur in opinion, upon any question or matter to be decided by or vote. before them, every sucli question or matter shall be determined by the greater number of the said Commissioners who shall be tiien present, so that the number of Commissioners then pre- sent be not less than ten as aforesaid ; and if the said Commissioners shall at any time be equally divided in opinion, on any question or matter depending before them, tlic Judae then sitting as president shall have two voices, or the casting vote. Ifby death, or other- X. .\nd be it further enacted, tliat if any of the said Special Commissioners shall depart should he reduced un- tl'is life, or be excused from attending in the manner by this Act directed, before the der ten, a new Com- ^^[^ Commission sliall have been fully executed, so that there shall not be a sufficient number mission to he made ^ „ . . i ■ , i • /• i ri • • i- , out. oi L ommissioners to proceed in the due execution ot such Commission, accortung to tlie true intent and meaning of this Act; or if all the said three Judges shall happen to die, or be ex- cused from attending in the manner by this Act directed, whilst the said Commission shall be depending ; then, and in either of such cases, and from thenceforth, the said Commission, and the force and effect thereof, shall cease, and a new Commission shall be awarded for hearing the matter of such information, for which such former Commission was issued, and the trial of such information shall begin de novo ; save only and except with respect to the examina- tions or depositions of any witnesses (if any) which shall have been taken in writing under the said former Commission, which examinations or depositions shall and may be received and ad- mitted as evidence under such new Commission. Commissioners to at- XI. And be it further enacted, that the said Special Commissioners shall severally attend trial, unless absent by i'^ Court during the whole trial for which they shall be appointed as aforesaid, and none of '^''^'''- the said Commissioners shall in anywise absent himself from the same (except as liereafter is provided) ; and the said Court shall at no time proceed in the said trial until all the said Special Commissioners, not having obtained such leave of absence, or not having been excused as hereinafter is provided, shall be met and assembled ; and if the said Speciid Commissioners Ifalhlonot meet, the (except as aforesaid) shall not all meet and assemble within the space of one hour after the adjoii'i'iL '"'^^^" ""'^ time to which they shall have adjourned, such of them as shall be then present, or the major part of them shall make an order for a further adjournment of the trial, in which order the cau.se of such further adjournment shall be expressed, and a copy of such order, signed by the register to the said Commissioners, shall be served ujjon, or left at the usual or last place or places of abode of, tiie said absent Commissioner or Commissioners respectively ; and at such Cause of absence to further adjourned meeting the cause of his or their absence shall be inquired into by the Special ' '" "■ Commissioners who sh;ill be then present, before the said Commissioners shall proceed to any 26Gko. III. Cap. 57.] 65 other business ; and if it shall not be made appear, to the satisfaction of the said Commissioners, 1)V facts sjiecially stated, and verified before tlieni upon oatli (or, in tlie case of such facts Imnrr verified by a Peer of tlie realm, then upon liis honour) tliat such abse it Commissioner or Commissioners was or were, by sudden accident, or by necessity, prevented from attending at tlie said former sitting, it sliall and may be lawful for the Special Connnissioncrs then present, Absentees may b* or tlie major part of them, to pass such censure ujion such Coiniiiissioner or Conmiissioners who d^^u d from if ' ' shall have been so absent, as they shall think fit, and also to impose upon such Commissioner or Commissioners respectively, for sucli neglect of duty, or upon anv Commissioner or Com- missioners who shall depart fi'om the saitl Court during the sitting, and before an adjourn- ment thereof, such fine or fines as the said Commissioners, or the greater number of them then jireseiit, shall think fit, so that no such fine shall exceed tlie sum of five hundred pounds; whicii fine or fines shall be forthwith estreated by ; any thing here- inbefore contained to the contrary notwithstanding. XIV. And be it further enacted, lli it it shall and may In- lawful to ;uul for tlir said (•(ininii>hi.iiuT» mny „ . , ^, . . . 1 1 1 .• ii' I appoint rlerku, ttc Special Commissioners to constitute and ap|)oint such clerks, tipstafls, nu ssengcrs, ami „.lio may be removed, other officers, to attend upon tluni in tlu' LXecution of their said Commission, anil to do .•md ^'•■ perform all such matters and tliin-s as shall he onknd or given to them in charge by the K 66 [26GEO.III. Cap. 57. said Commissioners, as the said Commissioners shall think fit ; and such several clerks and other officers shall be diligently attendant upon, and subject and obedient to, the said Com- missioners, and may be suspended, removed, or discharged, or be punished by fine or fines, to be imposed by the said Commissioners, for any neglect of duty or disobedience, at the discretion of the said Commissioners ; which fines shall be estreated into his ]VIajesty''s Court of Exchequer, by one or more of the said three Judges, and shall and may be levied and recovered for his Majesty's use, by the process of the said Court ; and all and everv of such How clerks, &c. are clerks and other officers shall be paid by the parties informant or informants, and defendant to be paid. or defendants named in such information, the same or the like fees and allowances as the respective officers attendant upon his Majesty''s Court of King"'s Bench, upon trials of informations for misdemeanors prosecuted in the said Court, are entitled to receive from the parties thereto respectively, according to the stations and duties of such officers respec- tively. Court of King's XV. And be it further enacted, that whenever an information shall be exhibited in the warraTitr"'for^^appre. ^^^^ Court of King's Bench, against any person or persons, for the crime of extortion, or bending persons ac- other misdemeanoi', committed in the East-Indies, in every such case, upon a certificate from in the East-Indies. (^'ic coroner and attorney of our Lord the King, (commonly called the Clerk of the Crown in the Court of King's Bench, or the Master of the Crown Office in the said Court), or any or either of his sworn clerks in the said office, that such information hath been filed, (which information, in case the same shall be filed Avhen the Court of King's Bench sh;dl not be sitting, shall be considered as filed on the last day of the preceding term), it shall and may be lawful to and for the Lord Chief Justice, or any of the other Judges of the said Court, at the instance of such prosecutor or prosecutors, to issue his warrant, under his hand and seal, directed to all sheriffs, mayors, bailiffs, constables, and other peace officers, and to such other person or persons as shall be named for that purpose by such prosecutor or prosecutors, for apprehending and attaching the party or parties, defendant or defendants to such information ; and if such party or parties shall escape or go into, reside, or be in any place within that part of Great Britain called Scotland, it shall and may be lawful for the sheriff" or steward depute or substitute, or anv justice of the peace of the county or place into which such party or parties shall escape or go, or in which he or they shall reside or be, to indorse his name on the said warrant, which warrant so indorsed shall be a sufficient authoritv to all persons to whom such warrant was originally directed, and also to all sherift''s officers, stewards, officers, con- stables, and other peace officers of the said county or place, by the sheriff, steward depute, or substitute, or justice of the peace, whereof such warrant shall be so indorsed, to execute the said warrant in the same county or place, by apprehending the party or parties against whom such warrant shall have been granted, and to convey and bring such part)' or parties in safe custody before the said Court of King's Bench, or before the Lord Chief Justice or any of the Judges of the said Court, to be further dealt with according to the directions of the said former Act, and this present Act. Parties informed XVI. And be it further enacted, that it shall and may be lawful to and for the party or ted. or to find bail. " parties against whom any such information shall be exhibited as aforesaid, (not being attached) to surrender himself or themselves in the said Court of King's Bench at any time during the sitting of the said Court, to be dealt with according to the directions of the said former Act, and this present Act, or if the said Court shall not be sitting, unto the said Lord Chief Justice, or any other of the Judges of the said Court ; and that when and so often as any such party or parties shall surrender himself or themselves out of Court as aforesaid, or shall 26 Geo. III. Cap. 57.] 67 during any vacation, or when the said Court shall not be sitting, be attathcd and brought before the said Lord Chief Justice, or other Judge, under any warrant or attachment issued by virtue of the said former Act or this present Act, the said Lord Cliief Justice, or other Jutln-e shall and may order such party or parties to stand connnitted to the prison of the jMarslialsea, or to the Tower of London, or to the gaol of Newgate, at the discretion of the said Lord Chief .Justice or other Judge, there to be detained until he or they shall be delivered by due course of law, or until he or they, together with two sufficient sureties, sludl have entered into a recognizance unto the King's Majesty, his heirs and successors, in sucli sum of money, and with such condition for his appearance, and for submitting to the judgment to be ijro- nounced in and up • ■ parties do not appear, of judgment, ui the matter of such niforniation, by and beiore the said bpeciai Lonniiissioners; it nevertheless shall and may be lawful for the said Commissioners to pronounce judgment upon such information, in tlie same manner as if the said party or parties was or were per- sonally present; and every such judgment shall be as valid, effectual, and conclusive, to all intents and purposes whatever, as if the said party or parties had been personally present at the pronouncing thereof; any law or usage to the contrary notwithstanding. Parties during trial XX. And be it further enacted, that whenever the party or parties charged by any sucli may be committe . information shall personally ajipear before the said Special Commissioners, on the hearing o:- trial thereof, it shall and may be lawful to and for the said Special Commissioners, at any time during the course of such trial, to order such })arty or parties to stand connnitted to tin- prison of the IVIarshalsea, or to the Tower of London, or to the gaol of Newgate, at the discretion of the said Special Conunissioners, there to be detained itntil judgment siiall be pronounced in the matter of the said information, unless he or they shall be previously deli- vered or discharged bv the rule or order of the said Commissioners. o Disturbers of the XXI. And be it further enacted, that if any person or persons shall be guilty of smv Court may also be (.o„(^,,„p[ „,. disturbance in the Court of tlie said Commissioners, during the sitting of the committed. r . , . . Court, it shall and may be lawful to and for the said (,'onnnissioners to order such person or persons to be taken into custody, by any officer or officers to be appointed by the said Com- missioners to attend the said Court, and to stand committed to the prison of the Marshalsea, or the gaol of Newgate, at their discretion, to be there kept for such time as the said Com- missioners shall order and direct. Judgments of the XXII. And be it further enacted, that the judgmeiits which shall be made and pro- e.\°eciited''by'tlie Cour^t nounced by the said Special Commissioners, according to tlie directions, and under the autho- of Kings Bench, and j-jfy gf {hg g^id recited Act, and this present Act, shall, when and so soon as the said judg- ments and other proceedings shall have been delivered over by the Register to the said Coni- missioners, to the Clerk of the Crown in the said Court of King's Bench (otherwise called the Coroner and Attorney of our Lord the King, or the Master of tiie Crown Office in the said Court), in the manner directed by the said former Act, be executed and enforced by the authority of the said Court of King''s Bench, and such proceedings to outlawry, and other proceedings against the several and respective defendants thereto, shall and may be had thereon, in the like manner as, according to the course and practice of the said Court, may- be had upon judginent made and pronounced by the said Court ; and the judgments of the said Special Conunissioners shall be final and conclusive, to all intents and purposes whatever, and shall not be arrested, defeated, reversed, or avoided, or liable to be arrested, defeated, reversed, or avoided, for or by reason or means of any error, defect, or want of form in any- such judgment, or in the information whereon tiie same shall be given or jironounced, or in the award of any process thereon, or in the record of the issue for the trial tliereof ; any law, statute, or usage to the contrary notwithstanding. This, or the recited XXIII. Provided always, and be it further enacted and declared, that nothing in the said pprsor"°'of'°any^ri^t '"^'^'^^'^ "'^'^^ *^'" '" *'"* present Act contained, shall extend, or be construed to extend, to thfv Mre entitled to l)y deprive the prosccutor Or prosecutors of any such information as aforesaid, or tlie party or "'''' '^' parties, defendant or defendants thereto, of any right, liberty, benefit, or advantage, to which, by the law of the land, or the rules of practice of the Court of King's Bench, such prosccutor 26Geo. III. Cap.57.] 69 or prosecutors, de't'eiKlant or defentlants, is or are, or wovilil, could, or niiolit have been entitled, upon any other information of a like nature, depending in the said Court of Kint^'s IJencl), before issue in fact joined therein ; nor to prevent or i-estrict the said Court of Kind's Bench from exercising any such power or autliority as would, could, or might have been legally exercised by the said Coiu-t of King's Bench, in the matter of anv such information, before issue in fact joined therein, if the said former Act, or this present Act, had not been made; anything in the said former Act, or this present Act, contained to the contrary notwithstanding. XXIV. Proviik'd also, and be it further enacted, tluit if the party or ])arties charged by Mo.leof proeeedinc any such information rs aforesaid, shall enter a demurrer to such information, and such "here (lemur.ers are demurrer shall be over-ruled by the said Court of King's Bench, sucli party or parties shall, within eight days next after the said Court sliall have given judgment on such demurrer, unless a writ of error shall be brought thereon, and then within eight days next after such judgment sliall be affirmed, or such writ of error shall be nonprossed, enter the plea of not guilty to such information, or, in defiudt thereof, the said jilea of not guilty shall and may be entered, for and in the name or names of such party or parties, by his Majesty's Attorney- general, or other prosecutor ; and the said information shall proceed in the like manner as if no demurrer had been entered thereto ; any law, or the usage or practice of the said Court, to the contrary notwithstanding. XXV. Provided also, and be it fiu'tlier enacted and declared, that if his Majesty's Informations may Attorney-general, or other prosecutor or prosecutors of any such information, shall be desi- court of Kini;sUciicli rous of having the same proceeded in, tried, and iletermined in the said Court of King's Bench, and shall move the said Court for that purpose, then, and in every such case, the said Court shall grant a rule or order for retaining such information in the said Court, and the said information shall be accordingly retained by the said Court of King's Bench, and shall be heard, tried, adjudged, and determined by the said Court of King's Bench, in such anil the same manner, to all intents and purposes, as an information of the like nature woulil, could, or might have been ])r<)ceeded in, heard, tried, and determined, in and by the said Court, in case the said former Act, or this present Act, had not been maiie ; any thing in the .said former Act, or this present Act, contained to the contrary notwithstanding. XXVI. And be it fiM'ther enacted, that whenever the |)arty or parlies, against whom How iinc<. f.r. urc t<> any such informatic.n shall have been exhibited as aforesaid, shall be adjudged to pay aline I'c ri-coviTcil. or fines to his Majesty, his heirs or successors; and ahso whenever any recognizance or i-ecog- nizances entered into undir the s;iid former Act, or this pnsiiit ,\ct, shall beiomi' forfeited, the said (_'ourt ()f King's Bench, oi-, in casi' the said Court shall not be thin sitting, the Lord Chief Justice of the same Court, shall and may forthwith, at the instance of his Majesty's Attorney-general, or other |)rosLCutor, deliver to the Lord Chief Baron, or any other of the Barons of the Court of Kxcheijuer, an estreat of the fine or (ines, recogni/anci- or rivogni- zances, so adjudged or become forfeited resjx-ctivcly as aforesaid; and the said Lord Chief Baron, or other of the said Barons, shall tliereujion, .'it the recpiisition of the said Attorney- general, or other prosecutor, authorize and direct the pnijii r ntiieer of tlie same Court to award, and sneli ollieir sliall accordingly forthwith award, undir the seal of the sjnne Court, one or more special writ or writs of extendi fncias and c«/»V/,v, or other s|K'eial ]irocess, against the said jiarty or parties adjudged to pay such line nv (ine-., or the principal or ) lincipaU 79 [26 Geo. III. Cap. 57. and sureties in such recognizance or recognizances respectively, and tlieir lands, tenements, and hereditaments, goods, chattels, and effects, directed into siicii county or counties, cities, places, or liberties to the proper sheriff's or other officers of the same respectively, for the due execution tliereof, as the said Attorney-general, or other prosecutor, shall desire or require in that behalf; and if such party or parties, or such principal or principals, and sureties, or any of them, shall have, or be seised or possessed of, or entitled to any lands, tenements, or hereditaments, goods, chattels, estate, or effects situate, lying, or being within that part of Great Britain called Scotland, or shall be resident in that part of the said United Kingdom, then and in either of such cases his Majesty''s Court of Exchequer in Scotland, or, when the said Court shall not be sitting, the Lord Chief Baron, or any other of the Barons of the said Court of Exchequer in Scotland, upon a copy or transcript of the estreat of such fine or fines, recognizance or recognizances, being sent or transmitted into the same Court, or delivered to the said Lord Chief Baron, or any other of the Barons of the same Court, from and under the seal of the Court of Exchequer in England, or under the hand and seal of the Lord Chief Baron, or any other of the Barons thereof (and which copy or transcript the said Court of Exchequer in England, or, when tlie said Court shall not be sitting, the Lord Chief Baron, or any other of the Barons of the same Court, is and are hereby required, at the in- stance of his Majesty's Attorney-general or other prosecutor, to send and transmit accord- ingly), shall and may forthwith, at the instance of the said Attorney-general or other prose- cutor, carry on such proceedings, and award such and the like process and processes as is and are competent by the law of that part of Great Britain called Scotland for recovery of debts due to the Crown. Mode of recovering XXVII. And be it further enacted, that if it shall at any time be made to appear to the the ElTt!"lnd\er"hen satisfaction of the said Court of Exchequer in England, at the instance of his ^Majesty's the effects in Britain Attorney -general or other prosecutor, by motion in the said Court on his or their behalf, that such party or parties, principal or principals, or sureties as aforesaid, or any of them, have no lands, tenements, or other estate or effects in Great Britain, or that the same (if any) are not sufficient to answer the sum or sums forfeited by such recognizance or recognizances, or due for such fine or fines respectively, and that such party or parties, principal or principals, or sureties, or any of them, shall have or be seised or possessed of, or entitled to, any lands tenements, or hereditaments, goods, chattels, debts, estate, or effects witliin any of the British possessions in the East-Indies respectively (the said sum or sums, fine or fines not being paid and satisfied), then and in every such case the said Court of Exchequer shall and may, by rule or order of the said Court, cause one or more transcript or transcripts of the estreats of the said recognizance or recognizances, fine or fines, to be sealed with the seal of the said Court, or to be otherwise attested, as the said Court shall direct, and the same, so sealed or attested, shall be closed up under the seals of any two of the Barons of the said Court, directed to the Supreme Court of Judicature in Bengal, and to the Mayor's Courts at Madras and Bombay, or to any or either of the said Courts, as the case sliall or may re- quire ; and the same shall be delivered by the said Barons, or one of them, to such agent or agents as the prosecutor or prosecutors shall nominate or appoint for that purpose, which agent or agents (or, in the case of his or tlieir death, the person into whose hands the same shall come) shall dehver such transcript or transcripts to one of the Judges of the said Su- preme Courts or Mayor's Courts respectively, as the case may be or require, and make oath that he or they did receive the same from the hands of one of the said Barons (or in what other manner the same came into his or their hands), and that the same hath not or have not be?n opened or altered since he or they so respectively received the same (which oath any of 26 Geo. III. Cap. 57.] 71 the said .ludges of any of the said Courts in India are hercliy autiiorized and required to administer); and thereupon such transcript or transcripts shall be filed and recorded in such of the said Courts in India, to which the same shall be so directed, as the case may reciuire ; and, upon motion to be made in such Courts or Court for that purpose for and on the behalf of such prosecutor or prosecutors, tlie like process and proceedings shall and may from time to time be awarded and had by and in the said Supreme Court of Judicature, and the said Mayor's Courts at Madras and Bombay respectively, or any or cither of them, ai^^ainst the lands, tenements, or hereditaments, goods, chattels, debts, estate, and effects of the said party or parties, principal or principals, and sureties, within the limits of the jurisdictions of such respective Courts in the East-Indies as might or could have been awarded or had in the said Court of Exchequer in England against the lands, tenements, hereditaments, goods, chattels, debts, estates, and cfPects of the same party or parties, principal or princiiials, or sureties in England, and the same siiall be valid and effectual, any law, usage, or custom to the con- trary notwitiistanding. XXVIII. And whereas it is by the said recited Act enacted, that in all cases of informa- Recital of 24 G. 3 tions laid or exhibited by virtue of the said Act (1) in the Court of King's Bencii for misde- '^- ^^' ^- ^• iiieauors or offences committed in India, it shall be lawful for the said Court to award a writ or writs of 7H«w(/rt»«ws to the Chief Justice and Judges of the Supreme Court of Fort Wil- liam, or the Judges of the Mayor's Court of any of the British settlements in India, as the ease may re{[uirc, who are thereby respectively authorized and rccjuircd accordingly to hold a court for the examination of witnesses, and receiving other proofs concerning the matters charged in such informations respectively, and that such exannnatiou shall be tlien and there openly taken, and reduced into writing, in manner therein mentioned, and sent to his Ma- jesty, in his Court of King's Bench, closed up and under the seals of two or more of the Judges of the said Supreme Court, and that one or more of the Judges of the said Supreme Court shall deliver the same to the agent or agents of the party or parties requiring the same, which said agent or agents (or, in case of his or their death, the person into whose hands the same shall come) shall deliver the same to one of the clerks in court of his Majesty's Court of King's Bench, in the public ofhce, and make oath that he received tiic same from the hands of one or more of tlie .Judges of such Court in India (or in what manner the same came into his hands), and that the same hath not been opened or altered since he so received tlie same : and wiiercas a doubt may arise whether such examinations as may be taken l)v the Judges of the ^Mayor's Court in any of the British settlements in India, by force aiul vir- tue of the said Act, may be lawfully sent closed u]), under the seals of the same Judges, and wiiether any one or more of the same Judges is or are em])owereil to deliver the same to the agent or agents of the party recjuiiing the same : be it therefore enacted, that every exa- mination which sliall or may be had or taken by the Judges of the Mayor's Court of any of lixamiimtions in In- the Britisli settlements in India by force and virtue of the said Act (being reduced "into 'li« t.. lu- s,.nlf■ _ '^ . _ (,'ivcii lo the «),'rnl5 of writing, as in the said Act is directed or mentioned) siiull be sent to his Man'sty. in his tin- pnrtii's, to !>•■ ilt-li- Court of King''s Bench, closed uj), and under the seals of two or more of llu' .ludni-. of (he d'n-'J^i,,'.-, |'ifl,rii. INIayor's Court of any of the British settlements in India, and one or more of the .ludges of the same Court shall deliver the same to the agent or agents of the party or parties re- quiring the same, which said agent or agents (or, in case of his or their death, the person into wiiose hands the same shall come) shall deliver the same to one of the clirks of his Majesty's Court of King's Bench, in the public oflice, anil make such or the like oalh as i.s in and by the said Act directed and prescribed, any thing in the said Act contained to tlie contrary notwitiistanding. 72 [26 Geo. IIT. Cap. 57. (1) [The Act liere referred to (24 Geo. 3, cap. "25) contains various provisions respecting the Parliamentary Court of Judicature, which see.] Persons resident in XXIX. And be it further enacted, that as well the servants of the said United Conijiany India amenable to the ^^ g|j ^^\^^^. ^f j^j^ Majesty's subjects resident or to be resident in India, shall be and are hereby declared to be amenable to the Courts of Oyer and Terminer and Gaol Delivery and Courts of general or quarter Sessions of the Peace in any of the British settlements in India, for all murders, felonies, homicides, manslaughters, burglaries, rapes of women, perjiu'ies, confederacies, riots, routes, retainings, oppressions, trespasses, wrongs, and other misde- meanors, offences, and injuries whatsoever by them done, committed or perpetrated, or to be by them hereafter done, committed, or perpetrated in any of the comitries or parts of Asia, Africa, or America, beyond the Cape of Good Hope to the Straits of Magellan, within the limits of the exclusive trade of the said United Company, whetiier the same shall have been done, committed, or perpetrated, or shall hereafter be done, connnitted, or per- petrated against any of his Majesty's subjects, or against any other person or persons whatever. Governor, &c. of XXX. And be it further enacted and declared, that the Governor or President and Council Fort St. Ceorge, &c., ^ p j. g^j,^(- George, for tlie time being, in their Courts of Over and Terminer and Gaol De- to have jurisdiction in & ' . all matters, civil and livery, and quarter or general Sessions of the Peace, and also the Mayor's Court at Madras,(l) """'"'*■ according to their several and respective judicatures, shall have cognizance and jurisdiction, as well civil as criminal, over all British subjects whatsoever, who now reside or shall hereafter reside within any of the forts, factories, towns, lands, or territories, in the possession of the said United Company, on the coast of Coromandel, or in any other part of the Carnatic, or the five northern Circars, including those parts of the said Circars which lie within the kingdom or jirovince of Orixa, or witliin any of the dominions or territories of the Soubah of the Deckan, the Nabob of Arcot, or the Rajah of Tanjore. (1) [The jNIayor's Court was abolished and a Recorder's Court esta- blished under 37 Geo. 3, cap, 142. The Recorder's Court was replaced by a Supreme Court under 39 & 40 Geo. 3, cap. 79.] So much of recited XXXI. And be it further enacted, that so much of the said recited Act as requires or Act as relates to deh- d^.g^^fg ^„y person or persons now being;, or who may hereafter be, in the service of the very of inventories of - I ' o' -' effects, &c. repealed, said United Company in India, to deliver any particular or inventory of his or their lands, tenements, goods, chattels, debts, securities for money, and other real and personal estate and property, or as subjects any such person or persons to any pain, penalty, or forfeiture, for any neglect or omission therein, or for any untrue specification of his or their estates or properties, or as dii-ects any allowance or reward to be made or given to any person making discovery of any estate or property concealed, or not specified, di-sclosed, or described, by any such particular oi- in\entory as aforesaid, shall be, and the same is hereby repealed. General issue. XXXVII. And belt further enacted, that if any suit or action shall be brought or com- menced against the said Company, or any of their servants, or against any persons acting by their authority, for the recovery of any costs or damages for the imlawful taking, arresting, seizing, imprisoning, sending, or bringing to England, of any person or persons found in tlie East-Indies, or other parts aforesaid, within the limits of the said Company's exclusive trade, 26Geo. III. Cap. 57.] 73 or as not being authorized to reside or traffic there,(l) the defendant or defendants to such suit or action, shall and may j)lead the general issue, and give the special m.-tter in evidence, for his or their defence; and the proof sliall lie on the plaintiff or plaintiff', upon the trial of the issue, to shew that at the time or times of arresting or seizing such person or persons respec- tively, for the cause aforesaid, in the manner in which the same shall be laid or charged to have been done, in and by the declarations or declaration in such suits or actions, tlie person or persons so arrested or seized, was or were in tiie military or marine service of the King's Majestv, his heirs or successors, or was or weri' under covenant to serve the said Company in India, or was or were duly possessed of a licence or licences in writing, authorzing him or them to go to or reside and traffic in India, or other the said parts and limits, or that the person or persons (not being in his Majesty's service) was or were, at the time or times of ids or their being seized or arrested, entitled or authorized, by the stipulations of such covenants or licences respectively, to remain and continue in India, or other the parts and limits aforesaid ; and in failure of such proof, the plaintiff or plaintiffs shall become non-suited, and in such case, or in any otiier case wherein the plaintiff or plaintiffs in any such suit or action shall become non-suited, or wherein judgment shall be given against such plaintiff" or plaintiff's upon dennuTer, or where a verdict shall pass for the defendant or defend- ants, the defendant or defendants shall have treble costs awarded, to be paid by the respective Treble costs, plaintiff or plaintiffs in such suit or action ; any law, statute, or provision, to the contrary notwithstanding. (2) (1) [This and all similar provisions can now be applicable only to a residence in those parts of India excepted from the general permission contained in the Act 3 & 4 Wm. 4, cap. 85, sec. 81 to 83.] (•2) [Vide 10 Geo. 3, cap. 47, sec. 5 & 7 ; 53 Geo. 3, cap. 155, sec. 123 & 124 ; and 55 Geo. 3, cap. 84, sec. 9.] XXXVIII. And whereas great difficulties, expense, and delay, often arise in giving proof ii„„ris cxicuti^d in in Great Britain of the execution of bonds, and other deeds and writings, executed and wit- '•'« Kust-Indirs sliull • 1 'in XT 1 1 11 i/i- 1 ■ 111 be cviilinci' in I!rlt;iii>, nessed 1)V persons resident in tlie li,ast-lnuies ; and tlie like diHiculties, expense, and delay, and commriwi^e. mi also arise in ffivinnr proof in the East-Indies, of the execution of bonds, and other deeds and ("^"ofof tlulimuiani- 1 1 • • 1 • /^ !»••/• -1 '"B "' n'<^ (larlies. writings, executed anil witnessed by persons resident m Great JJritain ; for reniedv thereof, be it enacted, that whenever any bond, or other deed or writing, executed in the Mast-Indies, and attested by any person or persons resident tiiere, shall be offered in evidence in any of the Courts of Justice in Great Britain, it shall be sufficient to |)r()ve, by one or more credible witness or witnesses, that the name or names subscril)ed to such bond, deed, or writing, purporting to be of the hand or handswriting of the obligor or obligors to such bond, or of the party or parties to such deed or writing, is or are of the proj)er hambvriting or hands- writiiiii' of such obligor or obligors, jiarty or parties, res|X'ctivcly, and tliat the name or names set and subscribed of the witness or witnesses attesting the execution of the same, respirtively, is or are of the proper hand or iiandswriting of the witness or witnesses so attesting the same, and that such witness or witnesses is or are resident in the Ivist-Indies ; and, in liki- manner, all Courts of Justice in the East-Indies sliall admit the like jiroofof tiieexirulion of bunds and other deeds and writings executed in Great Britain, and witnessed by any jx'rson or pers«in8 resident in Great Britain: and such proofs shall be deemed and taken to be as valid and suf- ficient evidence of the due execution of sudi bonds, and othei' deeds and writings, us if liic witness or witnesses thereto was or were ikud. J. 74 [28 Geo. III. Cap. 8. 26 GEORGII III. Cap. LXII. Ax Act to enable the East-India Com-panij to 7-aise monei/ hy a Sale of Annuities, and bi/ inctrasini^- their Capital Slock. The greater part of this Act relates to an augmentation of the Capital Stock of the Company, for which see note on 3 & 4 Wm. 4, cap. 85, sec. 11. recited. 1^8 GEORGII III. Cap. VIII. An Act /or rcniovit/g any doubt respecting the Pouer of the Commissioners for tJie Affairs of India to direct that the expense of raising, transporting, and main- taining such Troops as may be judged necessary for the security of the British Territories and Possessions in the East- Indies, should be defrayed out of the Revenues arising from the said Territories and Possessions ; and for limiting the application of the said Revenues in the manner therein mentioned. Preamble. Wliereas, by an Act passed in the twenty- fourth year of the reign of his present Majesty, 24 G. 3, Sess.2,c.25, intituled "An Act for the better Regulation and Management of tlie Affairs of tlie East-India Company, and of the British Possessions in India; and for establishing a Court of Judicature for tbe more speedyand effectual trial of Persons accused of Offences committed in the East-Indies," his Majesty is empowered to nominate and appoint a Board of Commissioners for the affairs of India : and whereas, by the said Act, tlie said Board of Commissioners is invested with the superintendence and control over all the British territorial possessions in the East-Indies, and over the affairs of the United Company of ]\Ierchants trading tliereto, in the manner in the said Act directed ; and is lilcewise authorized and empowered, from time to time to su}X'rintend, direct and control all acts, operations, and concerns, which in anywise relate to the civil or military governments or revenues of the said possessions, in the manner in the said Act directed : and whereas the Court of Directors of the said Company is required by the said Act to pay due obedience to, and to be governed and bound by, such orders and directions as the said Court shall from time to time receive from the said Board, touching the civil or military government and revenues of the said possessions : and whereas, nevertheless, doubts have been raised, whetiier tiie said Commissioners are, under the said Act, empowered at any time to direct, that the expense of raising, transporting, and maintaining such forces as may be judged necessary for the security of the British territories and possessions in the East-Indiesj shall be defrayed out of the revenues arising from the said territories and possessions, unless such troops are sent at the express requisition of the East-India Company ; and particularly whether, under the circumstances now existing, the said Commissioners are not restrained, by certain provisions contained in the said Act, from giving such directions with respect to the expense of raising, transporting, and maintaining any forces which mav be sent to India for the security of tlie said possessions, in addition to the forces now tiiere ; and whereas it appears that by reason of the said doubts, the said Directors have delayed to take measures for transporting in the said Company's ships the forces wliich his Majesty has judged necessary •XI -098 -98 'duo 'f -m^v t' ^ 8 «« ^^ou &ds 'paya s;i .loj -py sii^ jO p9fc|0 di\i uo uoqt'Aaasqo Xub iC.it3ssao9uun sj9pu9.i app aijx SwsDduom u9y}J)!/ fiq fimoj^ dsnu o} /itwdiuoj vjpiq-fsv^ ai/j djqvtn o? j.oy xy AXT 'li'O III IIDHOaO 6o •\f -dBD 'e -09^) xrg uo 9:)ou aag •OOO'OOr^'T.T.P urns oi{} X!q '^qag; puog .iiaip asBajoin o:> Xuijdiuo^ aip pa.iOA\odaia py siijj^ fimoj\[ fo tuns ddiiiinf V aio.uoq oj (iuvdiaoQ j)/piij-}ftp^ :»/) .yqvio of loy xy •xixx "fKo ni iioaoao ss [•on '^as '98 -ck'o 't- -lUAV f ^ e P"« '81 '388 '59 "dca 'C 'o^O 68 ^/^/J ] (l) ■([) S.I01.-),1.II(£ JO MHO ) plIN >1I|J A'cj ;uoiia'i[.icj ojojoq pa'[ siii.ian[^i[qi;)so jo j'^ij ;xon ot[) o) p.ippi; otj [p;i|s snpinjKjii .10 s.i.nir -MOHB ipns \\e JO lanooDB joupsip b 'uaAiS os aq n^qs suoipajip qons i(uB ajDijAv asiVjo ^j3A3 ut 5Ci[j puB Ui(>nt!([o.i(I(Ii! .uoqj .loj s.iaiioissimuio3 pius oqj oj luoin X([ p.iiiuusur.n ]iiir '"jpi'l 04 }uos 3(1 0} sjojooaiQ JO jano,-) jiiin aqi A'(j p.isoclojcl qDjudsop ouios 111 p.iuii:)U()0 piiu poijiiods aq iiBqs ueqj 'uosjod jai[}o Xuc oj .10 'junouiB .ioi«o.i§ .Cub oj 'jaAaiBijM lunoooB joqjo Aub no Xq pas^odojil sAipjiid JO 'cipuj m ]).itiij()jjo(l S3DIAJ0S JO juno.i.w uo 'uos.iod Auu oj 'sonuOAS.i puis m\\ uio.ij AjiniB.ilf [|m',[1 su'ipi'is^'imrAiini 40 oouuAvoni! 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III. Cap. 13.] 77 31 GEORGII III. Cap. X. Ax Act for altering ami amemUiig no much of an Act, passed in the lu-enty-dghth Year of his JMajestys Reign, intituled " An Act for removing any Doubt re- specting the Power of the Conviiis.sioners for the Affairs of India, to direct that the Expense of raising, transporting, and maintaining, such Troops as may be judged necessary for the Security of the British Territories and Possessions in the East- Indies, should be defrayed out of the Revenues arising front the said Territories and Possessions ; and for limiting the Application of the said Reve- nues in the manner therein mentio)ied, as relates to such Directions as shall be given or approved by the said Commissioners with Respect to the Payment of certain Proportions of his Majesty s Forces in India, and of the European Forces of the East- India Company therein specified. This Act allowed the Board of Commissioners for the affairs of India to make within a specified time, a limited addition to the forces of the Crown in India. See note on Section 2 of the 28 Geo. 3, cap. 8. 33 GEORGII III. Cap. XIII. An Act to prevent Acts of Parliament from taking effect from a time prior to the passing thereof. Whereas every Act of Parliament in which the commencement thereof is not directed to clerk of the I'ariia. be from a specific time, doth commence from tlie first day of the Session of Parliament in ™*;!^ ^°j "eTimc^it whicli sudi Act is passed ; and whereas the same is liable to produce great anil manifest icceivea the royal «s- injustice ; for remedy whereof; be it enacted ; and it is hereby enacted by the Kinj^'s most ;"(, ' commeiirerarnt, excellent AFaiestv, by and with the advice and consent of the F.ords spiritual and teniijoral when no other ix I'ff- . vnlt'tl, and Commons in tliis present Parliament assembled, and by the authority of the same, tliat the clerk of the Parliament shall endorse (in English) on every Act of Parliament wliich shall pass after the eiglith day of A])ril one tliousand srvcn hinulred and nincty-tlnee, imme- diately after tiie title of such Act, tlie day, montli, and year wlicn tlie same shall lia\c i)assed and sliall have received the Royal assent; and such endorsement shall be taken to be a i)art of such Act, and to be the date of its commencement where no other commencement shall be therein provided. 7S [33 Geo. III. Cap. 52. 33 GEORGir III. Cap. XLVII. An kc-v for placing the Stock called East-India Annuities under the Management of the Governor and Company of the Bank of England, and ingrafting the same on the Three Pounds per Centum Reduced Annuities, in Redemption of a Debt of four millions two hundred thousand Pounds, oxcing by the Public to the East-India Company ; and for enabling the said Company to raise a Sum of Money, by a further Increase of their Capital Stock, to be applied in Discharge of certain Debts of the said Company. [7th June 1793.] Sections 8 to 13 of this Act provide for an increase of the capital Stock of the Company. See note on 3 & 4 Wm. 4, cap. 85, sec. 11. Sections 14 and 15 have reference to the reduction and increase of the Bond Debt. See note on 34 Geo. 3, cap. 41. 33 GEORGII III. Cap. LII. An Act for continuing in the East-India Company, for a further term, the pos- session of the British Territories in India, together tvith their exclusive Trade, under certain limitations ; for establishing further Regulations for the Govern- 7ncnt of the said Territories, and the better Administration of Justice icithin the same ; for appropriating to certain uses the Revenues and Profits of the said Company ; and for making provision for the good order and government of the Torvns of Calcutta, Mctdras, and Bombay. - [Wth June 1793.] , j^ Whereas it is expedient that the exclusive trade of the United Company of ]Merchants of 21 G 3 c. 65. England trading to the East-Indies, within the limits of their Cliarter, which, by an Act made in the twenty-first year of liis Majesty's reign, for establishing an agreement witli the said Company, and otlier purposes, was continued to them for a term thereby limited, should be further continued to them and their successors, under certain limitations and restrictions, for a term of twenty years, to be computed from the first day of Marcli, one thousand seven hundred and ninety-four, liable to be discontinued at or after the end of such period, upon thi-ee years' notice, previously given by Parliament for that purpose ; and that during the said furtlier term all the territorial acquisitions obtained in the East-Indies, which, by an Act 7 G.3, C.57. made in the seventh year of his Majesty's reign, for establishing an agreement for the payment of a certain annual sum for a limited time by the said Company, in respect of the said acqui- sitions and the revenues thereof, and by subsequent Acts were continued in the possession of the said Company, together with the territorial acquisitions lately obtained there, with the re- venues of the same respectively, should remain in the possession of the said Company, without prejudice to the claims of the public, or of the said Company, subject to such powers and authorities for the superintendence, direction, and control over all acts, operations, and con- cerns, which relate to the civil or military government or revenues of the said territories, as have been already made or provided by any Act or Acts of Parliament in tliat behalf, or to such further powers, and under and subject to such other rules, regulations, and restrictions, relating to or concerning tlie said civil government, and the appropriation of the said revenues, as shall be now made and provided by tlie authority of Parliament : may it therefore please 33 Geo. III. Ca]). 52.] 79 your IVIajcstv tluit it iiiav he enacted ; and be it enacted by tl)e Kinj^'s most excellent Ma- jesty, by and with the advice and consent of the Lords sjiiiitual and temporal, and C'ouiinons, in this present Parliament assembled, and by the authority of the same, that the said terri- Territorial acquisU torial acduisitions in the said former Acts mentioned, top-etlier witli the territorial accniisitions "°"''' \*''"' ""P ^^^?' I . . . Hues, to continue in lately obtained in the East-Indies, with the revenues tliereof respectively, shall remain and the possession of tlic continue in the possession of the said United Company for and during the further term by fora funUer tUne!'"'"'' this Act granted to them in the said exclusive trade, subject nevertheless to the several regu- lations and provisions in this Act containcil. II. And l)e it further enacted by the authority aforesaid, that it shall and may be lawful His Majesty may for his Majesty, his heirs and successors, by any Letters Patent, or by any conunission or "^''"j"' thc'"a'au^i°o"f commissions to be issued under the great seal of Great Britain, from time to time to nomi- India. nate, constitute, and appoint, during his or their pleasure, such Members of the Privy Council (of whom the two principal Secretaries of State, and the Chancellor of the Exche- quer for the time being, shall always be three), and such other two persons as liis Majesty, his heirs or successors, shall think fit to be, and who shall accordingly be and be styled Commissioners for the affairs of India. (1) (1) [By 3 & 4 Will. 4, cap. 85, sec. 19 c^ -20, the constitution of tlic Board is in some respects varied. The office of Commissioner is not restricted to members of the Privy Council, and the following great Officer.s of State are to be ex officio Commissioners : — the Lord Presi- dent of tlie Council, the I^ord Privy Seal, the First Lord of the Trea- sury, the principal Secretaries of State (now three), and the Chancellor of the Exchequer.] III. And be it further enacted, that any three or more of the said Commissioners shall TlirccCoimnissioners and may form a Board, for executing the several powers which by tins Act, or l)y any other Act or Acts, are or shall be given to or vested in the said Connnissioners ; and thai the first named Commissioner in any such Letters Patent or Conunission for the time being ^hall be the President of the said Board ; and that when any Board shall be formed in the absence of the President, the Commissioner whose name .shall stand next in the order of their nomination in the said Commission, of those who shall be present, shall for tliat turn presiile at the sjiid Board. (1) [By 3 & 4 Will. 4, cap. 85, sec. 21, two Commissioners arc sufficient to constitute a Board.] IV. And be it further cnactwl, that if the C:ommissioners present at any Board shall be jj'^';;;;,'j'|,"^"^^,|;^ '""* equally divided in opinion, in respect to any matter by them discussed, then, and on every such occasion, the President, or in his absence the Commissioner acting as such, shall liave two voices, ov tiie casting vote. v. And be it further enacted, that the said Board of Commissioners shall ami may nomi- ^Joanl may appoint nate and appoint such secretaries and officers as shall be necessjiry to attend upon the said Board, who shall be subject to dismission at the pleasure of the said Board ; and tlial the i)n)- ceedings of the said Connnissioners shall be entered in ))rer books; ami thai as well the 80 [33 Geo. III. Cap. 52. Salaries to be fixed said Commissioners, or such and so many of them as his Majesty shall think fit, as likewise by his Majesty, &c. ^j^^jj, secretaries and other officers, shall be paid such fixed salaries as his Majesty shall, by any warrant or warrants under liis sign manual, countersigned by the Chancellor of the Exchequer for the time being, direct ; and that in the mean time the salaries and allowances already granted to the secretaries and officers of the present Board of Commissioners for the affairs of India, shall be continued ; all whicii salaries, together with all other contingent charges and expenses to be incurred by the said Board, shall be paid and defrayed quarterly by the said Company, and deemed and taken as part of their commercial charges, the quarterly amount thereof being first settled and allowed by the said Board, and certified by the President or acting President of the said Board for the time being, to the Court of Directors of the The whole salaries said Company : provided always, that the whole of the salaries to be paid to the members to members of the ^f the said Board shall not exceed the sum of five thousand pounds in any one year ; and that Board not to exceed ^ , • it. i i • i- i i • io.OOO anniraiiy, &c. the whole of the salaries, charges, and expenses of the said Board, exclusive ot the salaries of the members of the said Board, shall not exceed the sum of eleven tiiousand pounds in any one year. (1) (1) [By 3 cSc 4 Wm. 4, cap. 85, sec. 23, it is enacted that no Com- missioner as such, except the President, shall receive a salary. By 53d Geo. 3, cap. 155, sec. 90, the total amoimt of salaries and charges is fixed at twenty-six thousand pounds, exclusive, however, of super- annuations granted under section 91 of that Act. Provision is made by 3 & 4 Wm. 4, cap. 85, sec. 6, for extraordinary charges arising out of the cessation of the Company's trade; but by sec. 110, the sum pay- able by the Company on account of the BoUrd, is not to be increased beyond the fixed amount, except for defraying those charges.] Commissioners to VI. Provided also, and be it further enacted, that the said Commissioners, before they shall take the following proceed to act in execution of any of the powers or authorities vested in them (save only the power of administering the oath aftermentioned) shall severally take and subscribe the follow- ing oatli ; (that is to sav): Oath. " I5 A. B., do faithfully promise and swear, that as a Commissioner or Member of the " Board for the affairs of India, I will give my best advice and assistance for the good " government of the British possessions in the East-Indies, and the due administration of " the revenues of the same, according to law, and will execute the several powers and " trusts reposed in me according to the best of my skill and judgment, without favour or " affection, prejudice or malice, to any person whatever." Which oath any two of the said Commissioners shall and are hereby empowered to administer to the others of them, or any of them ; and the said oath shall be entered by their chief secretary amongst the acts of the Board, and be duly subscribed and attested by the said Commissioners, at the time of their taking and administering the same to eacli other re- spectively. VII. And be it further enacted, that the several secretaries and other officers of the said Board, shall also take and subscribe before the said Board, such oath of secrecy and for the execution of the duties of their respective stations, as the said Board sliall direct. (1) (1) [See 3 & 4 Wm. 4, cap. 85, sec. 24.] 33Geo. nr. Cap. 52.] 81 VIII. And for obviating any doubt whicb might otherwise arise, how far the office or ap- pointment of a Commissioner of the said Board for the affairs of India, by virtue of this Act, or of the chief secretary to the said Board, be witliin any of tlie provisions contained in an Act of the sixth year of the reign of Queen Anne, intituled, " An Act for the security of Her GAnnae, c. 7. Majesty's Person and Government, and of the successicm to the Crown of Great Britain, in the Protestant Line," or how far the appointment of any such Connnissioner or Secretary, being a member or members of the House of Commons, shall vacate his or their seat or seats in that house, be it further enacted and declared, that the said respective offices, ])laces, or appoint- Appointments of nients of a Connnissioner or Chief Secretary of the said Board for the afiairs of India, to be secTeTary°notTo dis! made under the authority of this Act, shall not be deemed or taken to be within the intent or qualify from being c.i -lA n t • \ f r^ A 11 !• IT 1 elected to parliament, purview ot the said Act oi the sixtli year of Queen Anne, whereby to disquality any such ^^ Connnissioner or Chief Secretary from being elected, or sitting or voting as a member of the House of Commons ; nor shall the appointment of any such Commissioner, not having any special salary annexed to such appointment, or the said Chief Secretary, if a member or members of the House of Commons, vacate liis or their seat or seats in the said house ; any tiling contained in the said Act of the sixth year of Queen Anne, or in any other Act, to tlie contrary notwithstanding. (1) (1) [By 3 & 4 Wm. 4, cap. 85, sec. 23, the Board appoint two secre- taries, eacii of wiioni has the same powers, rights, and privileges as were })reviously vested in the chief" secretary.] IX. And be it further enacted, that the said Board of Commissioners shall by force and Hoard to superin- virtue of this Act have and be invested with full power and authority to su])erintcnd, \'^"^„^ to'^'iiirciiTil or direct, and control all acts, operations, and concerns which in anywise relate to or concern military governmoiit or ... ... „,.,.. , • -i- • .1 revenues in tlie tast- the Civil or military government or revenues oi the said territories and acquisitions in tlic jnjies. East-Indies, subject nevertheless to such directions, rules, regulations, and restrictions, and to sucli appropriations of the said revenues, as are by this Act made, jirovided, or established, and not otherwise, or in any other manner, any former Act or Acts to the contrary notwith- stiinding. (1) (1) [By3&4 VVm. 4, cap. 85, sec. G, the power of control is ex- tended to all Acts connected with the sale of the Company's commer- cial property.] X. And be it further enacted, that tlie said Commissioners, or any of them, or tlieir Chief (■oinii.i..Moners or 1 1 1 "i 1 I • r 1 •'""■ <'''""er>. 'o have Secretary, or any other of the officers of tiie said Board, by the order and authority ot the „ccc8, ro the bookn of .said Bonrd, shall have free access to the books, papers, letters of corresijondence, evidences, ilie Company, &c. and otiier records of the said Comj)any, and be assistitl by the jiroper officers of the siu'd Company in their searches for the same, and furnished, by and at the expense of the siiil Comjiany, with copies or extracts of so many or such parts thereof resjxctively as the said Board shall require. (1) (I) [By 53 Geo. 3, cap. 155, sec. 78, the Board may direct the i)repa- ration of such accounts, statements, and abstracts as they ni;i\ (liiiik fit.] S2 [33 Geo. III. Cap. 52. Court of Directors XI. And be it further enacted, that the Court of Directors of the said Company for the copies'^of 'all' proceed- ^™^ being shall, and they are liereby required, from time to time, to deliver to the said Board ings, and of despatches copies of all minutes, orders, resolutions, and proceedings of all Courts of Proprietors, general civil or military go- o'" special, and of all Courts of Directors, within eight days after the holding of such Courts vemment or revenues, respectively, and also copies of all letters, advices, and despatches which sliall at any time or times be received by the said Court of Directors, or any committee of Directors from the East- Indies, or from any other of their settlements or factories within the limits of their exclusive trade, or from any of the servants of the said United Company, stationed at Saint Helena, Bussora, Suez, Aleppo, or other parts beyond the seas, in any wise relating to or concerning the civil or military government, or the revenues of the said territories and acquisitions in India, immediately after the arrival and receipt thereof. (1) (1) [Extended by 3 & 4 Wm. 4, cap. 85, sec. -29, to all documents which shall be material, or which the Board may require.] Orders relating to XII. And be it further enacted, that no orders or instructions whatever relating to the the civil or military (.jyj] qj. mjlitaj-y grovernment or revenues of the said territorial acquisitions in India, shall be government or reve- . -ti-ii/-"!^ Hues to he suhmitted at any tnne sent or given to any of the governments or settlements in India, by the Court oi the"'BoTrdf ^wh'o^ma"'^ Directors of the said United Company or by any committee of the said Directors, until the alter the same, &c. same shall have been submitted to the consideration of, and approved by the said Board ; (1) and for that purpose, that copies of all orders and instructions which the said Court of Directors, or any committee of the said Dii-ectors shall propose to be sent to India, shall be by them jireviously laid before the said Board, and that within tlie space of fourteen days (2) after tlie receipt of such proposed despatclies, the said Board shall eitiier return the same to the said Court of Directors, or committee of Directors, with their approbation thereof cer- tified under the hand of the cliief secretary to the said Board, by the order of the said Board, or if the said Board shall disapprove, alter, or vary in substance any of such proposed orders or instructions, in every such case the said Board shall give to the said Directors in writing, under the hand of the chief secretary of the said Board, l)y order of the said Board, their reasons at large in respect thereof, together with their instructions to the said Directors in relation thereto : and that the said Directors shall, and they are hereby required forthwith to dispatch and send the letters, orders, and instructions, in the form approved of by the said Board, to the proper governments or officers in India, or other limits, without further delay, unless on any representation made to them by the said Directors, the said Board shall order any alterations to be made therein ; and that tiie Directors of tlie said Company for the time being shall, and are hereby required to pay obedience to, and shall be governed and bound by, sucli orders and instrucions as they shall from time to time receive from the said Board of Commissioners, touchng or concerning the civil and military government of the said terri- tories and acquisitions, and the revenues of the same, according to the tenor and true intent of tiiis Act. (1) [By later enactments the power of control is extended to all official communications, except those with the home establishment, and the law advisers of the Company. 3 & 4 Wm. 4, cap. 85, sees. 30, 34.] 33 Geo. III. Cap. 52.] 83 (•2) [By 53 Geo. 3, cap. 155, sec. 71, and 3 & 4 AVni. 4, cap. 85, sec. 30, the time for returning drafts of despatches, &c. is extended to two months.] XIII. Provided always, and be it f'urtiicr enacted, that nothing herein contained shall Directors may make extend, or be construed to extend, to restrict or proliibit the said Directors from expressing represenutions touch. 1 , ^- • •^- i xi • 1 11 I 1 11 .• 1 • '"K orders altered or by representation ni writnig to tlie said lioard, siicli remarks, observations, or explanations disapproved liy the as shall occur, or they shall tiiink fit, toiiciiing or concerning any letters, orders, or instruc- ^°'^''^- lions, which shall have been varied in substance, or disapproved liy the faid Board ; (1) and that the said Board sliall, and they are hereby required, to take every such representation, and the several matters therein contained or alleged, into their consideration, and to give such further orders or instructions thereupon as they shall think fit and expedient ; which orders or instructions shall be final and conclusive upon tlie said Directors. (1) [By 3 & 4 Wm. 4, cap. 85, sec. 32, the time for making such representation is limited to fourteen daj's ; subject, in cases where the legahty of the orders is disputed, to a reference to three Judges of the Court of Queen's Bench (sec. 33).] XIV. Provided also, and l)e it further enacted and declared, that notliing in this Act con- Board not to nomi- 1 I II 1 . 1 • 1 -.^ 1 /■ /-I ■ • xi c • .• Date any of the ser- tained, shall extend to give to the said Board of Commissioners the power of nominating or vanu of the Company- appointing any of the servants of the said United Company, any thing herein contained to the contrary notwithstanding. XV. And be it further enacted, tiiat whenever the Court of Directors of the said United " the , Directors neglect to fmnu* iles- Company shall neglect to frame, and to transmit to tlic said Board, despatches on any subject ,,atches beyond four- connected with the civil or military government of the said territories and aciiuisilions, or »;""." '''T "w"^Ji"™l» J B I c ... , Sit ion, the lioiini may with llie revenues thereof, beyond the space of fourteen days after requisition made to prepare instnictions them by order of the said Board, it shall and may be lawful to and for the said Board to f^^^anl oleT.rtTl ndi'l! prepare and send to the said Directors (without waiting for the receipt of the copies of iles- patclics intended to be sent by tlie said Directors) any orders or instructions for any of the governments or presidencies in India, concerning tiie civil or military government of the said territories, or the revenues thereof: and the said Directors shall, and they are liercby re- quired to transmit despatches, according to the tenor of the said orders and instructions so transmitted to tliem by the said Board, unto the respective governments and presidencies in India, unless, on any representation made by the said Directors to tlie said lioiird, touch - iuii such orders or instructions the said Board shall direct any alteration to be made in the same ; which directions the said Court of Directors shall, in sueli cast', he bound to eoiifonn to. (1) (1) [Extended to all official communications by 3 & 4 Wni. 4, cap. 85, sec. 31.] XVII. Provided also, and lie it further enacted, that it shall not lx> lawful for the said Il<>«"> ""i to direct , , . , . 1- . , • 1 ■ • 1 1,1 ''"' '"'■'<■»'<■ of r»l»- Board to give or cause to be given any ilirections, onieiing nr authorising, by .my (Usi)alchi's ,,||.|„.,i s„i„rie., iml.-m to be sent to India, the increase of the estalilislied salaries, allowances, or emoluments of any P3*^'J,'''i«id ^hlZc Governor-general, Governor, or President, or iSfember of Council of any of the Presiden- i.„iia„,rni; M 2 84 [33 Geo. III. Cap. 52. cies and settlements tliere, or of any other officer in the service of tlie said Company, beyond the amount to whidi tiie same now stands fixed by the orders which have been sent to India, unless such increase shall be specified and contained in some despatch proposed by the said Court of Directors to be sent to India, and transmitted by them to the said Board for their approbation, and unless an account of the actual salaries, allowances, and emoluments of such Governor-general, Governor, or President, or Member of Council, or other officer re- spectively, and of the increase proposed to be made therein, with the reasons for such increase, shall have been laid before both Houses of Parliament thirty days before such despatch shall be scnt.(l) (1) [Yide 28 Geo. 3, cap. 8, sec. 3, and 3 & 4 Wm. 4, cap. 85, sec. ]10.] nor to direct any gra- XVIII. Provided also, and be it further enacted, that it shall not be lawful for the said be'^proposed by^ the ■^^O'^i"'^' ^^ give, or cause to be given, any direction for the payment of any extraordinary allow- Directors, &c. ance or gratuity from the said revenues to any person, on account of services performed in India, or on any otlier account whatever, to any greater amount, or to any other person than shall be specified and contained in some despatch proposed by the said Court of Directors to be sent to India, and transmitted by them to the said Board for their approbation ; and that in every case where any such directions shall be so given, a distinct account of all such allow- ances or gratuities shall be added to the next list of establishments laid before Parhament by the said Court of Director.s. (1) (1) [ Vide 28 Geo. 3, cap. 8, sec. 4, and 3 and 4 Wm. 4, cap. 85, sec. 110.] Bo:ird may send or- XIX. Provided also, and be it fia-ther enacted, that if the said Board of Commissioners mittee" 'f'^'^D^r ct°?s *'^^'^ ^^^ °^ opinion that the subject matter of any of their deliberations concerning the levying who shall transmit the war, or making peace, or treating or negotiating with any of the native princes or states in same o nt la. India, (1) intended to be communicated in orders to any of the Governments or Presidencies in India, (2) shall be of a nature to require secrecy, it shall and may be lawful for the said Board to send their orders and instructions to the Secret Committee of the said Court of Di- rectors, to be appointed as is by this Act directed, who shall thereupon, without disclosing the same, transmit their orders and despatches, according to the tenor of the said orders and instructions of the said Board to the respective Governments and Presidencies in India; and tliat the said Governments and Presidencies shall be bound to pay a faithful obedience thereto, in like manner as if such orders and instructions had been sent to them by the said Court of Directors. (1) [Extended by 3 & 4 Wm. 4, cap. 85, sec. 36, by adding the words " or with any other Princes or States, or touching the policy to be observed witii respect to such Princes or States."] (2) [Extended by 3 & 4 Wm. 4, cap. 85, sec. 36, to orders of the character specified to any officers or servants of tiie Company.] Directors to appoint XX. And belt further enacted, that the said Court of Directors shall from time to time a Secret Committee appoint a secret Committee, to consist of any number not exceeding three of the said Directors, who shall take oath. '^^ ' J & ' 33Geo. III. Cai).o2.] 85 for the particular purposes in this Act specified; wiiich said Directors so appointed shall, before they or any of tlicm shall act in the execution of the powers and trusts herehy reposed in them, take an oath of the tenor following. (1) * :v * # * * * Which said oath shall and may be administered by the several and respective members of the said Secret Committee to each other ; and, being so by them taken and subscril)ed, the same shall be recorded by tlie Secretary of the said Court of Directors for the time being amongst the Acts of the said Court. (2) (1) [The prescribed oath is here omitted, having been replaced by others which will be found in 53 Geo. 3, cap. 155, sec. 74, and 3 and 4 Wm. 4, cap. 85, sec. 35.] (2) [The directions for the appointment of a Secret Committee, and the administration of an oath to its members are repeated in 3 and 4 Wm. 4, cap. 85, sec. 35, where also it is provided that the record may be made either by the Secretary or the Deputy-secretary.] XXI. And be it further enacted, that if the said Secret Committee, in the execution of Despatches of tlie their said powers and trusts, shall find it necessary to employ any per.son in transcribin"' or f''^'"'"*^' Committee to ^ ' . -' t J J f ?> "' be prepared only by ])reparmg any secret despatches, orders, or mstructions, recpiired to be transmitted by them to tlic Secretary or Exa- India, under the direction of this Act, the said despatches, orders, and instructions, shall be J-csprnrovi. , . • 1 ■ 1 I i" 11 1 1111 sionally to supply va- supplymg any vacancy or vacancies therem, when the same shall happen hy tlie death or cancies. resignation of the jjerson or persons holding the same office or offices respectively, or on his or tlieir departure from India, or on any event or contingency expressed in any such provi- sional appointment or appointments to the same respectively, and such appointments again to revoke ; but that no person so appointed to succeed provisionally to an}- of the said offices shall be entitled to any autliority, salary, or emolument appertaining thereto, luitil he sliall be in the actual possession of such office, any Act or Statute to the contrary notwithstanding. (1) (1) [Pldc 3 & 4 Wm.-4, cap. 85, sec. 61.] XXIX. And be it furtlier enacted, that if any vacancy shall happen in the office of How vncanric< are Governor-general of Fort William, or of Governor of Fort Saint George or Bombay resp'C- |,° ''succcs8orl"U* ' oil lively, when no provisional or other successor shall be upon tile spot to supply such vacancy, tfe spot, &c. then and in every such case the Counsellor of the presidency wherein such vacancy shall happen, next in rank to the said Governor-general or Governor respectively, shall liold and execute the .said office of Governor-general or Governor until a successor .sliall arrive, or until some other person on the spot shall be duly appointed thereto ; and if the Council I3oard shall ha))j)en during tliat interval to become reduced to one only member besides the acting Governor-general or Governor, then and in such ca.se the person so acting as Gover- nor-general or Governor shall be and is hereby empowered to call to the Council Hoard such one of the senior mercliants of the said Company at such presidency where the vacancy shall occur as he shall tliiiik fit to be a temporary member of the said Hoard, and that the person so called shall accordingly sit and act as a member of the said Council, jmd shall have the same powers in all other respects as arc given to persons appointed to the Council Board by the said Court of Directors initil the arrival of a successor or otluT ajipointment made to tlie office of Governor-general or Governor respectively ; and that every such acting Governor-general, Governor, and occasional Counsellor shall, during the time of their continuing to act as such respectively, be entitled to receive the several I'liiolumcnts and advantages appertaining to the said offices by them rcs|)ectively su|i])lied, such acting Governor-general and Governor foregoing their salary anil allowana'S of Counsellor for the same period. (1) (1) [Vide 3 & 4 Wm. 4, cap. 85, sec. 6-2 and 63.] 88 [33 Geo. III. Cap. 52. Next member of XXX. Provided always, and be it further enacted, that if at tlie time of any vacancy (le"r-'iirchiet to "succeed happening in the office of Governor-general or of a Governor of any of the said presidencies, to tiie temporary go- j^g eventual successor appointed under the authority of this Act shall be present upon the vcniiiiont of & Prpsi- dency, unless the Comi spot, any Comniander-in-chief, althougli he shall be then a member of the council of the mander-m-chief shall nresidencv where such vacancy shall occur, shall not succeed to the temporary government of have been provisionally r J -i i • i • <■ i i, , i ■ ■ ii • i appointed. such presidency, unless such Commander-in-chiei shall have been provisionally appointed to supply the same, but that the vacancy shall be supplied by the Counsellor next in rank at the Council Board to such Commander-in-chief, any thing herein contained to the contrary notwithstanding. Vacancy of Coun- XXXI. And be it furtlier enacted, that if any vacancy shall happen of the office of a sellors, when no sue- Counsellor at either of the said presidencies when no person provisionally or otherwise ap- cessors are on the spot, . , , , i ,, i i -i i i i i to be supplied by the pointed to succeed thereto shall be tlien resident on the spot, then and on every such occa- Governor in Council ^^^^ ^^^^y^ vacancy shall be supplied by and at the nomination and appointment of tlie from the senior mer- -' i r j i i chants. Governor-general in Council of Fort William, or the Governor in Council of Fort Saint George or Bombay respectively, from amongst the senior merchants in the said Company's service in India, and that the person or persons so nominated shall execute the said office, and shall have the same powers in all respects as are given to persons apjiointed to the Council Board by the said Court of Directors until a successor or successors shall arrive, duly appointed by the said Court of Directors, and shall have and be entitled to the salary and other emolu- ments and advantages appertaining to the said office or offices during his or their continuance therein respectively. (1) (1) [Vide 3 & 4 Wm. 4, cap. 85, sec. 64. J XXXII. And be it further enacted, that when the office of Governor-general and the in-Cliief, when not the office of Commander-in-chief of all the forces in India shall not be vested in the same per- Governor at the Pre- son, sucli Commander-in-chief shall and may, if specially authorized for that purpose by authority of the Direc- the said Court of Directors, and not otherwise, be a member of the Council of Fort William; tors, be the second a,^jj t]^^^ when the offices of Governor of Fort Saint George and Commander-in-chief of the Member of the Coun- i ■ Tn> cil. forces there shall be vested in different persons, or the offices of Governor of Bombay and Commander-in-chief of the forces in Bombay shall be vested in different persons, such re- spective Commander-in-chief shall and may, if specially authorized by the Court of Directors, and not otherwise, be a member of Council at the said respective presidencies ; and that when any Commander-in-chief .shall be appointed a member of any of the said councils, such Commander shall have rank and precedence at the Council Board next to the Governor- general or Governor of the same presidency ; but no Commander-in-cliief shall be entitled to any salary or emolument in respect of his being a member of any of the said councils, unless the same shall be specially granted by the Court of Directors of the said Company. (1) (1) [ Vide 45 Geo. 3, cap. 36, and 3 & 4 Wm. 4, cap. 85, sec. 40.] - The Commander- XXXI II. Provided always, and be it further enacted, that when the Commander-in- in-chief in India, not pj^jef ^f .^ji {[^g forces in India (not being likewise Governor-general) shall happen to be bciMG- Gavernor-gene- . , . ,. t^ -, /-< t. i ^i ■ i /^ i lal. while resident at resident at either of the presidencies of Fort ht. George or Bombay, tlie said Commander- Fort St. Geoige or j^.j-hjef shall, from the time of his arrival and during his continuance at such presidency, I'.umhay, .shall bea ' ii-i -ji. --lo" Member of Council. be a member of the council of such presidency, and during that period the provincial Com- mander-in-chief of the forces of the same presidency, if he shall be a member of the council thereof, shall and may continue to sit and deliberate, but shall not have any voice at the Council Board. 33Geo. III. Cap. 52.] 89 XXXIV. And be it further enacteil, tliat if any of the members of thi' council of eitlicr if any .Member shall of tlie said presidencies sliall by any intinnity or otlierwise, be rendered inianable of actino- ^^ '"™P'>'''« "f at'cJ- „ .. 1 -x- i- 1 ,,,,,, ''' '"S- ''"^ Governor of or ot attending to act as such, or it any ot such members tliall beabs, nt from the presi- tLu Prcsi.inuy may dency, and the Governor-general or either of the said Governors shall bo desirous of having prov'rioli'd fu"cc"ssor' the advice of a full council upon any urgent business, the Governor-general orsuch Governors '^<^- respctively shall by virtue of this Act have full power and authority to call any provisional successor appointed, then on the spot, or there being none such on the spot, then any senior merchant on the spot, to assist at the Council Board for that turn, but that such provisional successor or other person shall not be entitled to any salary or other emolument in respect thereof, nor shall his acting as an occasional niember of council, in manner aforesaid, deprive him of any office or employment he before enjoyed. XXXV. And be it further enacted, that it shall and may be lawful to and for the King's H's .Majtsty by >igii Majesty, his heirs and successors, by any writing or instrument, under his or their sign manual, ^^Te"l\cTi"l•m of "he countersigned by the President of the Board of Commissioners for the affairs of India, to Board, may remove ^11 111- ii" 1 , ..... any officer or servant remove or recall any person or persons lioldmg any office, employment, or commission, civil or of tlie Comiiany in In- military, under the said United Company in India for the time being, and to vacate and ^'''■ make void all or every, or any appointment or appointments, connnissicm or commi.ssions, of any person or persons to any sucli offices or em])loyments ; and that all and every tlie powers and authorities of the respective persons so removed, recalled, or whose ajipointment or commission shall be vacated, shall cease or determine at or from such respective time or times as in the said writing or writings .shall be expressed and specified in tliat behalf; provided always that a duplicate or copy of every such writing or instrument, under his iVIajesty's sign manual, attested by the said president for the time l)eing, shall, within eight days after the same shall be signed by his Majesty, his heirs or successors, be trans- mitted or delivered to the Chairman or Deputy Chairman for the time being of the said Company, to the intent that the Court of Directors of the said Company may be apprized tliereof. (1) (1) [I'ldc 3 and 4 Wm. 4, cap, 85, sec. 74.] XXXVI. Provided always, and be it furtlier enacted, tliat notliing in tliis Act contained Act not to iirrrUule shall extend, or be construed to extend, to preclude or take away the power of the Court of "k;. l>i™'^'.'"-s fru"> re- ' 'I ." > ealnnj; tlieir otncers or Directors of tlie said Company from removing or recalling any of the ollicers or servants servants. of the said Company, but that the said Court sliall and may at all times liave full liberty to remove, recall, or dismiss any of such officers, or servants, at their will and pleasure, in the like manner as if this Act iiad not been made, any Governor-general, Governor, or ( oinmander- in-chief, appointed by his M.ajesty, his heirs or successors, through the defMult of appoint- ment by the said Court of Directors, always excepted ; any tiling hi'nin contaiiuil to the contrary notwithstanding. (1) (1) ir'ide 53 Geo. 3, cap. 155, sec. 80, and 3 and 4 Wm. 4, cap. 85, sec. 75; also .sec. 126 of this Acl, and sec. (iO ol' 3 and l \\'ni. I, cap. 85.] XXXVII. And be it further enacted, that the depar lure lioin India of any Govi rnor- n.|inrniri' from In- general, Governor, MemJKT of Couiuil, or C..iiiinaiider-in-cliicf. wilh iiit iil to return lo ')'" ''' 'T,*'r,'iyi'."?.^' O ' ' ' IJClKTtll, IV C. \» nil III- N 90 [33 Geo. III. Cap. 52. tent to return to Eu- Europe, shall be deemed in law a resignation and avoidance of his office or employment ; and resignation'of employ- *'^^' ^'^'^ arrival in any part of Europe of any such Governor-general, Governor, ]\I ember of "lent, &c. Council, or Commander-in-chief, shall be a sufficient indication of such intent, and that no act or declaration of any Governor-general, or Governor, or IMember of Council, during his AVliiie at tlie Presi- continuance in the presidency whereof he was so Governor-general, Governor, or Counsellor, of a'^Govenio"''ei"ra" (except by some deed or instrument in writing, under hand and seal, delivered to the secretary &c. to be valid, except for the public department of the same presidency, in order to its being recorded, shall be the secretary ' deemed or held as a resignation or surrender of his said office ; and that the salary and other Regulation respect- allowances of any such Governor-general, or other officers respectively, shall cease from the ing salaries. jj^y ^f g^^.]^ j^jg departure, resignation, or surrender ; and that if any such Governor-general, or any other officer whatever in the service of the said Company, shall quit or leave the presidency or settlement to which he shall belong, other than in the known actual service of the said Company, the salary and allowances appertaining to his office shall riOt be paid or payable during his absence to any agent or other person for his use, and in the event of his not returning back to his station at such presidency or settlement, or of his coming to Europe, his salary and allowances shall be deemed to have ceased from the day of his quitting such presidency or settlement, any law or usage to the contrary notwith- standing. (1) (1) [ Vide 3 and 4 Wm. 4, cap. 85, sec. 79. By 7 Geo. 4, cap. 56, sec. 3, if civil or military officers in the Company's service, having quitted their stations without proceeding, or intending to proceed, to Europe, should die during their temporary absence within the limits of the Company's Charter, or at the Cape of Good Hope, tlieir representatives are entitled to payment of their salaries and allowances. By 7 AVm. 4, and 1 Vic. cap. 47, the provisions of 33 Geo. 3, cap. 52, sec. 37, and 3 and 4 of Wm. 4, cap. 85, sec. 79, are not to extend to officers under the rank of Governor or Member of Council, who may quit their Presidencies in consequence of sickness, under rules to be established by the local governments, with the sanction of the home authorities, and who shall proceed to any place within the limits of the East-India Company's Charter, the Cape of Good Hope, the IMauritius, or Saint Helena ; nor to officers below such rank aforesaid proceeding with the permission of the Government of their own Presidency to another, for the piu'pose of embarking for Europe ; provided that the port of departure shall not be more distant from the places they may have quitted than the ports of their own Presidency.] Councils, in tlie first XXXVIII. And be it further enacted, that tlie Governor-general and Counsellors of Fort ters ''propo°scci "^by^the ^^'^iHiiiui) and the several Governors and Counsellors of Fort Saint George and Bombay, shall Governor, wiio may at their respective council boards proceed in the first place to the consideration of such postpone any matters . ini iiii/-< iii/-i i? proposed by Counsel- niatters or questions as shall be proposed by the Governor-general, or by the Governors oi lors. 33Geo. III. Cap. 52.] 91 the said presidencies respectively ; and as often as any matter or question shall be i)ro- poiinded by any of the said Counsellors, it shall be competent to the said Governor-general or Governor respectively, to postpone or adjourn the discussion thereof to a future dav provided tliat no such adjournment shall exceed forty-eight hours, nor shall tjie matter or question so proposed be adjourned more than twice without the consent of the Counsellor who proposed the same. XXXIX. And be it further enacted, that all orders and other proceedings of the Gover- Proceedings to be nor-general and Council of Fort William shall be expressed to be made by the Governor- ^'T'^ssed to be made general in Council ; and that all orders and other proceedings of tlie Governors and Council Council, and signedby of Fort Saint George and Bombay respectively shall be expressed to be made by the ^^ ^ccreury. Governor in Council, and not otherwise ;(1) and that the seviTal orders and proceetlings of all the said presidencies shall, previous to tlieir being published or put in execution, be sioiietl by the chief secretary to the council of the presidency by the authority of the Governor-"¥- neral in Council, or Governor in Council, as the case may be. (2) (1) [Vide 3 & 4 Wm. 4. cap. 85, sec. 57.] (2) [ Vide Act of Government of India, No. 2 of 1834, in Appendix.] XL. And be it further enacted, that the Governor-general in Council at Fort William Governor-gcnemi in shall have and be invested, by virtue of this Act, with full power and authority to superin- iiu°m" einnouercd^^ to tend, control, and direct the several Governments and Presidencies of Fort Saint George '"P'"fintcnd the other and Bombay, and all other Governments erected or to be erected by the said United Company, within tlie limits of their said exclusive trade, in all such jwints as shall relate to any nego- tiations or transactions with the coimtry powers or states, or levying war or making peace, or the collection or application of the revenues of the said acquisitions and territories in India, or to the forces employed at any of such presidencies or governments, or to the civil or mili- tary government of the said presidencies, acquisitions, or territorities, or anv of tliem. (1) (1) [ Vide 13 Geo. 3, cap. 63, sec. 9. By 3 & 4 Wm. 4, cap. 85, sec. 39, the superintendence, direction, and control of the whole civil and military Government of India is vested in the Governor-general in Coimcil ; by section 59 of that Act the subordinate Governments are not to make or suspend laws excepting imder urgent necessitv, and then only provisionally ; nor to create any new office, nor to grant any salary, allowance, or gratuity without the sanction of (he Governor- general in Council: by section 65 they are bound to obey the instruc- tions and orders of the Governor-general in Council in all cases what- soever.] XLI. And in order to prevent the embarrassment and difliiultv which niny otiurwise arise Tlicotlicr I'r.-l.lcn- /• 1 1 1 1 .1 ii 1 • . .• f .1 A-" 1 • /' 1 I' 1' . cii'n 10 (ibrv Ilii' orilcr* from any tlouut wlu'thcr tlie orders or instructions ot the (lovenior-geiu'ial in I ouncil ol rort „| ,1^, ciovrmor-iicnc. William relate toother points than those aforesaid, be it further enacted, tiiat iiotwithstand- ™' '" loimril at I'urt . , -111 ■ , • 1 • 1 Wjllinin, il not rcpiif;. mg any doubt which may lie entertained hy tlie said ))rcsidiiicies or govoriinu'iits to whom „|,nt ig invtniciioiu such orders or instructions shall be given respecting tlic [lower of the Goveriioi-gtneral in 'r""" •■"K'»"''- n2 92 [33Geo. III. Cap. 52. Council to give such orders, yet the said presidencies or governments shall be bound to obey such orders and directions of the said Governor-general in Council, in all cases whatever, except only where they shall have received positive orders and instructions from the said Court of Directors, or from the Secret Committee of Directors, by the authority of the said Board of Commissioners for the affairs of India, repugnant to the orders and instructions of the said Governor-general in Council, and not known to the said Governor-general and Council at the Governor-general to time of dispatching their orders and instructions as aforesaid ; and the said Governor- send dates, &c. of des- i i • r • • i , i , i i • on points contained in therewith the dates oi anil tile tmies ot receivmg the last despatches, orders, and instructions, instructions to Presi- ^vhich they have received from the Court of Directors, or from the said Secret Committee, bv dencies, itc. wlio snail _ ;' . _ ' _ _ _ ' -' transmit to liim copies the direction of the said Board of Commissioners, on any of the points containetl therein ; and deenT7cpi°'n™ttluie- the said presidencies, governments, and settlements, in all cases where they have received any to. orders from the said Court of Directors, or from tiie said Secret Committee by the direction of the Board of Commissioners as aforesaid, which thev shall deem repugnant to tlie orders of the said Governor-general in Council of Fort William, and which were not known to the said Governor-general and Council at tlie time of dispatching their orders and instructions as aforesaid, shall forthwitli transmit copies of the same, together with an account of all in- structions or orders made by them in consequence thereof, to the Governor-general in Council of Fort William, who shall, after the receipt of the same, dispatch such further orders antl instructions to the said presidencies, and governments or settlements, as the said Governor- general in Council may judge necessary thereupon. (1) (1) [See note on section 40 of this Act.] War not to be de- XLII. And forasmuch as to pursue schemes of conquest and extension of dominion in elared, S;c. by the India are measures repunnant to the wish, the lionour, and policy of this nation : be it further Governor-general in t c^ ' r j Council at Fort Wil- enacted, that it shall not be lawful for the Governor-general in Council of Fort AVilliani mand'of 'the'Direc'to™' aforesaid, witjiout the express command and authority of the said Court of Directors, or of &c. except prepara- the said Secret C'ommittee by the authority of the said Board of Commissioners for the affairs tions of hostilities shall <■ t t ■ / \ i i I'l-^- i i ii i i be made, &c. of India, in any case (except where liostilities liave actually been commenced, or preparations actually made for the commencement of hostilities, against the British nation in India, or against some of the princes or states dependant thereon, or whose territories the said United Company shall be at such time engaged by any subsisting treaty to defend or guarantee), either to declare war or commence hostilities, or enter into any treaty for making war against any of the country princes or states in India, or any treaty for guaranteeing the possessions of any country princes or states ; and that in any such case it shall not be lawful for the said Governor-general and Council to declare war or to commence hostilities, or to enter into any treaty for the making war against any other prince or state, than such as sliall be actually committing hostilities, or making preparations as aforesaid, or to make such treaty for gua- ranteeing the possessions of any prince or state, but upon the consideration of such prince or state actually engaging to assist the Company against such hostilities commenced, or pre- Communication of parations made as aforesaid ; and in all cases where hostilities shall be commenced, or treaty liostiiitics &c. to be j„ade the said Governor-general and Council shall, by tlie most expeditious means they can made to tlie Directors, . & ' •' ^ . -' &c. devise, communicate the same unto the said Court of Directors, or to the said Secret Committee, together with a full state of the information and intelligence upon which tliey shall have commenced such hostilities, or made such treaties, and their motives and reasons for the same at large. 33 Geo. III. Cap. 52.] 93 XLIII. And be it furtlior enacted, that it shall not be lawful for the Governors and Covemmcms of Counsellors of Fort Saint George and Bombay, or of any other subordinate settlement, to Komi«y'' ,^r7J d" make or issue any order for commencinfj hostilities, or levying war, or to negotiate or conclude •'"'■« ""'r. ^<^- ijut l>y /. "" .1 ^ ^ -i.! T T * • . , • r. orders t'rom l-"crt Wil- any treaty of peace, or other treaty, with any Indian prince or state (except in cases of liam, or ilie l)iricion=, sudden emergency or imminent danger, when it shall apjx?ar dangerous to postpone such ^'■■ hostilities or treaty), unless in pursuance of express orders from the said Governor-general in Council of I'ort William aforesaid, or from the said Court of Directors, or from the said Secret Committee by the authority of the said Board of Commissioners for the affairs of India ; and every such treaty shall, if possible, contain a clause for subjecting the same to the ratification or rejection of the Governor-general in Council of Fort William aforesaid : and the said Governors and Counsellors, and other officers of the said presidencies of Fort Saint George and Bombay, or other settlements, respectively, are hereby required to pav anil vield ol)edicnce to all such orders as they shall from time to time respectively receive from the said Governor-general in Council of Fort AVilliam aforesaid, concerning the matters aforesaid ; and that all and singular the said Governors, Counsellors, and other officers, wiio shall refuse Penalty on Gover- or wilfully neglect or forbear to j)ay obetlience to such orders and instructions as they shall ""Jor-c'^nnd Boinb^* receive from the said Governor-general in Council of Fort William as aforesaid, shall be for iieglcct of orders liable to be removed, dismissed, or susjxnded from the exercise of their respective offices or powers by order of the said Governor-general in Council of Fort William, and be sent to England, and be subject to such further pains and penalties as are or shall be provided by law on that bthalf. (1) (1) [See note on section 40.] XLIV. And be it further enacted, that the Governors and Counsellors of the said PreNiden- l're.-.idi-Mcii-s of Fort cies of Fort Saint George and Bombay respectively for the time beinj^, anil the Governors and ^'■,V"".?r.'*"^- """^."<' " • ' 111- 1 to lort Willwin ropies Counsellors, or other chief officer or officers of and Ijelongmg to any other British settlement of nil tlicir orders, &c. in India, siiall and they are hereby respectively required, constantly and diligently to transmit to the said (rovernor-general in Council at Fort William aforesaid, true and exact copies of all orders, resolutions, and acts in council of their respective governments, piesitlencies, and councils, and also advice and intelligence of all transactions and matters which shall come to their knowledge, material to be communicated to the Governor-general in Council of Fort William aforesaid, or which the said Governor-general in Council shall from time to time r('iiniiv.(]) ( 1 ) [ Vide 13 Geo. 3, tap. ()3, sec. 9, and 3 antl 4 Wni. 4, (ap. 85, sec. 68.] XLV^ .And be it fui'tlur enacted, that it shall and may be lawfid for the Governor-generid (;ovrrnori;oiicriil of c Ti . ii-ii- /• ■ 1 /■ 1 • 1 ■ • 1 •" • 1 1-1 1 1 1 •■Oft Willimn miiy of Tort William aforesaid for the tiiiH' being to issue his warrant uiuler Ins liaiul anil seal, i,,„^. „.„,,;,„t, for »e. directed to such peace officers and other iiersons as he shall think lit, for securing and detain- i-minK »n«i>iTced per- 1 II. • 1- 1 • 1- 1 ""'"• mg m custody any j)erson or persons susjiecti^il of carrying on, meiliately or mmucliately, any illicit correspoiideiue dangerous to the peace or safety of any of the Biiti>h Mttlinieiits tir possessions in India, with any of the priiicis, rajali>, or /emindars, or any oilur |Krson or jiersons having authority in India, or with the coiiniiaiider>, governors, or presidiiits of any factories established in tlu' Fast-Indies, by any r'-uiopean ))ower, or any correspoiidiiice con- trary to the rules and orders (if the said C'onipaiiv, or nf llie (;(i\( ni"''- respon- •' ' ' siblc for the snnic ; the same, ami the consequences thereof (1). (1) [See Act and Section referred to in note on sec. 47 of this Act.] XLIX. Provided always, and be it further enacted, that nothing in tliis Act contained but not to mnkc «ny •' ' . Ill 1 r T-« order which oonld not shall extend, or be construed to extend, to give power to (lie said Governor-general of Fort imve i>oen mude with William in Bengal, or to either of the said Governors of Foit St. George and Homliay Jl'^uJjl"*''"' °^ "'" respectively, to make or carry into exc< iitioii any order or resolution whidi could not have been lawfully made and executed witli llie cinuuiniRe of the Councils of the respective governments or presidencies, any thing herein contained to the contrary notwithstanding. L. Provided also, and be it further enacted and declared, that notliing in this Act No pfn-on lo net ' ..... without the roncur- contained .shall extend, or be construed to cxteiul, to give any discretionuiy power ol .■iclmg, ri„cr »f the Council. or forbearing to act, without the concurrence of the other members of Council, unto any ^^overlmr p'm'nd ' or person on wliom the said office of Governor-general or the saiii office of Governor resiK-ctively, liovemorshnii devolve . 1. 1 111111 • • e f . .. 1 .. / ' ...........w liy dentil, unlcii» provl- shull liappen to devolve by the deatli or re.sigiiatum of any (.ovtrnor-geneial, oi lio\enior ' for tlie time being res])ectively, or unto any deputy Governor-geiuiai, unless such pcrsull shall have been provisionally appointed to succeed to sucii rc.s|wetive office by tiie suiil 96 [33 Geo. IIT. Cap. 52. Court of Directors, or unless and until such person shall have been or sliall be confirmed in the said office, and that in the mean time all orders, resolutions, and other acts and things in such presidency, shall be determined by the voice of the major part in number of the Governor-general and counsellors, or Governor and counsellors present at tlie making or doing thereof, sucli Governor-general or Governor having on an equality of voices a casting vote, and not otherwise, or in any other manner ; any thing in this Act contained to the contrary notwithstanding. (1) ( 1) [ Vide 3 & 4 Wm. 4, cap. 85, sec. 62.J Governor-general, LI. Provided also, and be it further enacted, that notiiing herein contained shall be &c. not to carry uUo (.ongt^ued to give power or authority to tlie Governor-general of Fort William in Bengal, or execution any order or j ?-> ^ o ' against the opinion of either of the Governors of Fort Saint George and Bombay respectively, to make or carry the Conncil in certain . . , , . • ,. ii • • " " r ii ii ^g^ into execution any order or resolution against the opinion or concurrence oi the counseUors of their respective governments, in any matter which sliall come under the consideration of the said Governor-general, and Governors in Council respectively, in their judicial capacity; or to make, repeal, or suspend any general rule, order, or regulation for the gtxjd order and civil government of the said United Company's settlements ; or to impose, of his own au- thority, any tax, or duty within the said respective governments or presidencies. Governor-general to LI II. And be it further enacted, that when and so often as the said Governor-general nominate a Vice-pre- gligll on any occasion be absent from his own Government of Beniral, such one of the Mem- tident of Fort William p i >, •, i c ^ ■ i ,-. , , ,, ? ' , , ,, to act ilnring his ab- I'crs or the Council thereof as tlie saul Governor-general shall nominate for that purpose shall ^^"'^^' be .styled and act as Vice-president and Deputy-governor of Fort William, and that the Government of the said presidency shall be exercised by such Vice-president or Deputy, and the otlier members or member of the said Council, in like manner, and no further or other- wise than as the Government of the said presidencies of Fort Saint George and Bombay may be exercised by the Governors in Council there, subject nevertheless to the restrictions in this Act contained (1) [Vide 3& 4 Wm. 4, cap. 85, sec. 69 and 70. f^ide also Act of Government of India, No. 26 of 1837, in Appendix.] hnt while ahsent may LIV. And be it further enacted, that if the said Governor-general, during his absence issue orders to the offi- from his own government in Beuijal, sliall iudseit necessary to issue any orders or directions ccrs mid servants of ,. , • , .,.?■,,. ■' n , m the other Presidencies, to any of the said governments or presidencies in India, or to any ot the ofhcers or servants of ^'^- the said Company acting under the authority of any of the said presidencies, without pre- viously communicating such orders or instructions to the said respective governments, under the authority of which such officers or servants shall be acting, it sliall and may be lawful for him to issue the same, and that the said respective governments or presidencies, and also such officers and servants shall, and tiiey are hereby severally and respectively authorized and required to obey the same, and such orders and instructions shall be of the same force as if tiie same had been made bv the said Governor-general in Council at Fort William, but not of any greater or other force or validity ; and that if sucli orders or directions shall be made by the said Governor-general of his own sole authority, or without the concurrence of the other members of Council of either of the said presidencies of Fort Saint George and Bombay re- spectively, in that case the said Governor-general shall h? alone held responsible for the same, in the like manner as for any orders or resolutions by him made in Council at Fort William, of his own sole authority, without the concurrence of the other members of the same Council, 33 Geo. III. Cap. 52.] 97 according to the directions and true intent and meanintr of this Act : provided always, that such Governor-general shall and he is hereliy re(jiiireil to transmit by tlie lirst o])])ortunitv, to the Governors and Councils of the respective presidencies to which the officers or servants to whom any such orders or instructions shall he sent to be executed shall belong, copies of such orders and instructions respectively, with his i-easons or induct inonts for issuing the same, and also to transmit to the Court of Directors of the said Company, by the first oppor- tunity that shall or may occur, a copy of all orders and instructions by liim so sent to any of the said governments, presidencies, officers, or servants respectively, together with his rea- sons and inducements for sending or issuing the same. LV. Provided also, and be it further enacted, that it shall and may be lawful for the Court Directors, with the of Directors of the said Company, with the approbation of the Board of Commissioners for i'PP'''ji>i"'"" "f ">e irr'-cTi- 111 j-i 11- 1/^ Board, may suspend the affairs of India, to suspend all or any of tlic powers hereby given to tlic Governor-general the powers of the of Fort William to act upon his own sole autiiority, at and for such time or times as tiiey may f'overnor-Kcneral to r J ^ J J act upon his own au- judge expedient or necessary, and that the same shall be suspended accordingly, from the thority. time of the arrival of their orders for that purpose in India ; and also for the said Court of Directors, with such ajiprobation as aforesaid, to revive the said powers, wlicn and as they shall think fit ; any tiling herein contained to the contrary notwitiistanding. LVI. And, for establishing a just principle of promotion amongst the covenanted servants civil servaiiu to of the said United Company in India on tiieir civil establishment, and preventinji all undue '""";. I'f'-ci'J'-'ney ac- ' .' _ . . cording to their ap- supercessions, be it further enacted, that all the civil servants of the said United Company in pointments, kc. India, under the rank or degree of members of Council, shall have and Ix' entitleil to precc^ dence in the service of the said Company, at the respective stations, according to their seni- ority of appointment ; and no such civil servant or servants shall be capable of being advanced or promoted to any iiigher station, rank, or degree therein, than he or they shall 1k' respec- tively entitled to according to the length of his or their service respectively ; any law or usage to the contrary notwithstanding. (1) (1) [By various later enactments, power is given to make rules affect- ing writers appointed from the College. See TjS Geo. '3, cap. 155, sec. 44, and 1 & 2 Vic. cap. 2*2, sec. 1.] LVII. And be it further enacted, that any vacancies happening in any of tlie offices, places KcKulationt for ail- or emuloyments in tin- civil line of the Comiiany's service in India (beiii": luider tile desree ing "p vacancies m the of counsellor) shall be from lime to time filled up and su)>plieil from amongst the civil servants of the said Company, belonging to the presidency wherein such vacancies siiall respectively happen, subject only to the restrictions in this Act contained, and no otherwise, (that is to say), that in the filling up anil supplying such vacancies, no office, place, or employment, the salary, penpiisites, and emoluments wiiereof shall exceitl five iuuuired pounds per annum, shall be conferred uyton or granted to any of the .said servants who shall not have been actually resident in India as a covenanted servant of the .said Company for the space of three years at the least in the wiioie, antecedent to such vacancy ; and if the salary, perijuisitcs, and emoluments of any office, place, or employment, shall exccvd one thousand five hundred pounds per annum, the same shall not W granted to or conferrc of any oflice, place, or eni))loym(iit, shall exceed tliree thotisint) o 98 [33 Geo. III. Cap. .52. pounds per annum, the same shall not be granted to or conferred upon any of the said ser- vants who shall not have been actually resident in India in the said Company's service for the space of nine years at the least in the whole ; and if the salary, perquisites, and emoluments of any office, place, or employment, shall exceed four thousand pounds per annum, tlie same shall not be granted to or conferred upon any of the said servants who shall not have been actually resident in India in the Company's service for the space of twelve years at the least in the whole, antecedent to such vacancy ; (1) and that all appointments, advancements, and promotions, which shall be made for supplying any such vacancies, other than as aforesaid, shall be null and void. (1) [By 47 Geo. 3, cap. 68, sec. 7, and 10 Geo. 4, cap. 16, sec. 2, the time spent at Haileybury is, under certain circumstances, to be reckon- ed as time spent in India, witli reference to eligibility to office or salary. By 53 Geo. 3, cap. 155, sec. 82, the period required as a qualification for a salary of ^£1,500, is reduced to four years ; for j£3,000, to seven years ; and for £4,000, to ten years. See also as to JMembers of Coun- cil 3 & 4 Wm. 4, cap. 85, sec. 40.] No person to hold LVIII. And be it further enacted, that no person shall for the future be capable of taking, ries of which 'amount "^ ^^^ ^^^^^ ^'"^ °^ *-'^^ Company's service, two or more offices, places, or employments, the to more than the pre- joint amount of the salaries, perquisites, and emoluments of whicli shall exceed in the whole the annual salary, perquisites, and emoluments, respectively herein-before in that behalf pre- scribed, any law or usage to the contrary notwithstanding. scribed sum. Directors not to LIX. And be it further enacted, that it shall not be lawful for the Court of Directors of send out more persons jj^g g^g\^ Company to appoint or send out to India a greater number of ijersons in the capacity than necessary to sup- „ , . . . i -ii i • it- i ply the complement of ot cadets or writers, or ni any other capacity, than will be necessary, in addition to those the establishment. already in India, to supply the proper complement of officers and servants contained in the said list of tlieir establisliments, according to such retvirns of vacancies as the respective governments in India shall transmit from thence to the said Court of Directors. (1) (1) [ Vide 3 & 4 Wm. 4, cap. 85, sec. 103.] \Vriters and cadets LX. And be it further enacted, that no person shall be capable of acting, or being ap- to be of certam ages, pointed or sent to India, in the capacity of writer or cadet, whose age shall be under fifteen years, or shall exceed twenty-two years,(l) nor until the person proposed, or intended to be so aj)pointed, shall have delivered to the said Court of Directors a ceitificate of his age, under the hand of the minister of the pai-ish in which he was baptized, or keeper of the registry of baptism of such parish ; and if no such registry can be found, an affidavit of that circumstance shall be made by the party himself, with his information and belief that his age is not under fifteen years, and doth not exceed twenty-two years : (1) provided nevertheless, that the said restriction shall not extend to prevent the said Court of Directors from appointing any person to be a cadet who shall have been for the space of one year at least a commissioned officer in Ins Majesty's service, or in the militia or fencible men when embodied, and hath been called into actual service, or from the company of cadets in the royal regiment of ai'tillery, and whose age shall not exceed twenty-iive years. 33 Geo. III. Cap. 52.] 99 (1) [Extended as to writers to twenty-three years by 7 \Vm. 4, and 1 Vic. cap. 70, sees. 4 & 5.] LXI. And for preventing tlie abuses which have formerly prevailed in the collection anil Briiish-born sub- receipt of the revenues of the said territories and acquisitions in India, be it further enacted, J"'* nppomtcd to re- r ... . ceive rents, &c. to that every person (being a British-born subject) who is or sliall be appointed or authorized take an oath. to collect, manage, control, or receive the rents, duties, or revenues of and belonging and due and payable to the said Company in India, shall, before he enters upon the collection and receipt thereof, take and subscribe the following oath, which oath the Chief .Justice, or one of the puisne Judges of the Supreme Court of Judicature at Bengal, or tlie Mayor or other magistrate in any of tlie other presidencies or settlements, or such other jjerson as shall be deputed or authorized by any order in Council of any of the said presidencies in tliat belialf, shall and is hereby authorized and commanded to administer ; and such oatii so administered shall be recordetl in the Supreme Court at Calcutta, or in one of the said provincial or Mayor's Courts; (that is to say) : " I, A. B., do promise and swear, tliat I will, to the utmost of my endeavours, well and The oatli, " faithfidly execute and discharge the duties of an officer of revenue, reposed in and com- " mitted to me by the United Company of Merchants of England trading to the East- " Indies ; and that I will not demand, take, or accept, directly or indirectly, by myself " or by any other jierson for my use, or on my behalf, of or from any Rajah, Zemindar, " Talookdar, Polygar, Farmer, Renter, or Ryot, or from any person paying or hablc to "pay any tribute, rent, or tax, to or for the use of the said Uniteil Com])any, any sum " of money or other valuable thing by way of gift, present, or otherwise, over and above " or besides and except the actual tribute, rent or tax, authorized to be taken by and for, " the use of the said United Company ; and tliat I will justly and truly accoimt for, " answer, and pay, all the rents, duties, and otiier revenues and sums of money wiiich siiall " come to my hands, or to the hands of any person or persons in trust for or employed "by me, as an officer of the revenues of the said Company, unto the said United " Company. " So help me God." LXII. And be it further enacted, that the demanding or receiving any sum of money, or Receiving gifts to other valuable thing as a gift or jjresent, or under colour thereof, whether it be for tlie use of n^j^^^f """* " m""'"-"- the party receiving the same, or for, or pretended to be for the use of the s;iid Company, or of any other person w^hatsoever, by any Britisli subject, holding or exercising any oflice or employment under his Majesty, or tlie said United Company in the East Indies, sliall be deeinetl and taken to be extortion and a misdemeanor at law, and shall be procivded against and punished as such, under aiitl by virtue of this Act, and the offender shall also forfeit to the King's Majesty, his heirs and successors, the whole gift or ]iresent so receivcii, or the full value thereof. (1) ( 1 ) [See 13 Geo. 3, cap. G3, sec. 23 & 24 ; and 3 cSc 4 Wm. 4, cap. 85, sec. 76.'] LXIII. Provided always, and be it further enacted, that the Court or Jurisdiction before Tho Court mayonlrr whom any sudi oflence shall be tried, shall have full power and autliorily to direct the Jj^j^i ^^"^^ ,* Ik-'bU^co said present or gift, or any part thereof, to be restored to the party who gave the smie, or to the proK-cuior. to order the whole, or any part thereof, or of any fine which the Court sliall sit on the offinder, to be paid or given to the prosecutor or informer, as such Court in its di^crelion shall think fit. oS 100 [33 Geo. III. Cap. 52. Counsellors at law, LXIV. Provided always, and be it enacted, that nothing herein contained shall extend, or and chapl'aiiis mavTake ^"^ construed to extend, to prohibit or prevent any person exercising tlie profession of counsellor fees in their profes- at law, physician, or surgeon, or any chaplain, from accepting, taking, or receiving fees, gra- tuities, or rewards (bond fide) in the way of his profession only.(l) (1) [See 13 Geo. 3, cap. 63, sec. 25.] Neglect to execute LXV. And be it further enacted, that tlie wilfully disobeying, or the wilfully omitting, for- rectors S.c. to be bearing, or neglecting to execute the orders or instructions of the Court of Directors of the deemed a misdemea- said Company, by any Governor-general, Governor, President, Counsellor, or Commander-in- chief, or by any other of the officers or servants of the said United Company in the East-Indies (unless in cases of necessity, the biu'thcn of the proof of which necessity shall lie on the party so disobeying, or omitting, or forbearing to execute such orders and instructions as aforesaid), and every wilful breach of the trust and duty of any office or employment, by any such Governor-general, Governor, President, Counsellor, or Commander-in-chief, or by any of the officers or servants of the said United Company in the East-Indies, shall be deemed and taken to be a misdemeanor at law, and shall or may be proceeded against and punished as such by virtue of this Act.(l) (1) [Sec 3 & 4 Will. 4, cap. 85, sec. 80.] as also any corrupt LXVI. And be it further enacted, that the making or entering into, or being a party to, obtmn?n?'^afr'em"lo*''^ ^"^' corrupt bargain or contract, for the giving up, or for obtaining, or in any other manner ment. touching or concerning the trust and duty of any office or employment under the Crown, or the said United Company in the East-Indies, by any British subject whomsoever there resi- dent, shall be deemed and taken to be a misdemeanor at law, and shall be proceeded against and prosecuted as such by virtue of this Act. His Majesty's sub- LXVII. And be it further enacted, tliat all his Majesty's subjects, as well servants of the iourts o^^istTce'^n In ^^^^ United Company as others, shall be and arc liereby declared to be amenable to all Courts dia and Great Britain of Justice, both in India and Great Britain, of competent jurisdiction to try offences committed territorieT'^ of ' native ^" India, for all acts, injuries, wrongs, oppressions, trespasses, misdemeanors, offences, and princes. crimes whatever, by them or any of them done or to be done, or committed in any of the lands or territories of any native prince or state, or against their persons or properties, or the persons or properties of any of their subjects or people, in the same manner as if the same had been done or committed within the territories directly subject to and under the British govern- ment in India. No action to be LXVIII. And be it further enacted, that it shall not be lawful for the said United Com- stayed without the ap- pany, or for any of their officers or servants, or for the Court of Directors of the said probation of the Board. '■,.•. . Company, to discontniue, stay, or compound, or settle or agree any actions or suits at law or equity now depending, or hereafter to be commenced, before a final decree or judgment shall be obtained or given therein, unless by and with the approbation of the Board of Commis- sioners for the affairs of India, for that purpose in writing first had and obtained ; and that all compositions and agreements made for any of tlie purposes aforesaid by the Court of Directors of the said Company, with the approbation of the said Board, shall be valid and effectual in that beiialf, any tiling herein or in any other Act or Acts contained to the con- trary notwithstanding. Company not tore- LXIX. And be it furtlier enacted, that after sentence or judgment of any Court having competent jurisdiction, whether in Great Britain or in India, against any Governor- general. 33 Geo. III. Cap. 52.] 101 Governor, President, Counsellor, or Commander-in-cliief, or against any of the said United store servants dismii. Coni]wny''s servants, civil or military, for any debts or penalty due or belonging to the said "'*^ >y sentence*. United Company, or for any extortion or other misdemeanor, it siiall not be lawful for the said United Company in any case whatever to release or compound such sentence or judg- ment, or to restore any servant or servants of the said Company who shall have been removed or dismissed from his or their office or employment for or on account of niisbeliaviour by tlie sentence of any of the said Courts. I..XX. And be it further enacted, that no person who shall liave Iield anv civil or mili- No person, under tary station whatever in India in the service of tlie said United Company, being under the beruf^Cinmcil or Cora- rank or degree of a member of Council or Commander-in-chief of the forces, and who, having mandir-in-Cliief. who J 1 f T ]• I 1 »• .1 /- 1 ■ /-. -1 /-. • /-. -r shall not reuim to In- departed ironi India ny leave or the uovernor-general ni Coiuicil or Governor ni (ouncil, diu within five years shall not return to India within the space of five years next after sucli deijarture, shall be f™"" his leave to de- . ' -' ' part, shall he entitled entitled to any ranker restoration of office, or be capable of again serving in India, either to rank. .\c. except as in tlie Em-opean or native corps of troops, or in the civil line of the C()ni])aiiy's service, un- ^""'"^ P'"'"'' "• less in the case of any civil servant t)f tlie Company it shall be proved to tlie satisfaction of the Court of Directors that such absence was occasioned by sickness or infirmity, or unless sueli person be permitted to return with liis rank to India by a vote or resolution passed by way of ballot by tiuve parts in four of the proprietors assembled in general Court, especially convened for that purpose, whereof eight days' previous notice of the time and purpose of such meeting shall be given in the I.,ondon Gazette, or unless, in the case of any military officer, it shall be proved to the satisfaction of the said Court of Directors, and the Board of Commissioners for the affairs of India, that such absence was occasioned by sickness or infir- mity, or some inevitable accident. LXXII. And be it further enacted, that the said Company shall at all times hereafter The Company to (subject as aforesaid) have, hold, and enjoy, and be entitled unto all and singular tlie jirofits, el^JJfed'Vy^iilv other benefits, advantages, privileges, franchises, abilities, capacities, powers, authorities, rights, Acts or Charter*, freed ,. .. 1 ,. ■ , ■ ,. ,. • 1- 1 I-.- • ■ .. 1 .1 • from ioiiiliii(in> •)( re- remedics, methods oi suits, penalties, forfeitures, disal)ilities, provisions, matters, and tlungs ,i,.niptihall bes])ecially statixl and inserted at the foot of such accounts. (1) 104 [33 Geo. III. Cap. 52. (1) [By 54 Geo. 3, cap. 36, sec. 55, the accounts were to be made up to the 1st of May, and presented to Parliament within the first fourteen sitting days after that period. By3 & 4 Wm. 4, cap. 85, sec. 116, the accounts are to be presented within the first fourteen sitting days after the 1st of May, and to be made up according to the latest advices. By this Act also some clianges are made in the particulars of the required accounts, adapting them to the altered circumstances of the Company, all relating to trade being omitted.] Section 127 provides for the reciprocal discharge of the Crown and the Company in respect of certain accounts between them. A similar arrangement to a later date was effected by 3 Geo. 4, cap. 93. From December 21, CXXVIII. And be it further enacted, that from the said twenty- fourth day of December, trw%'''trbereplid"by o"e thousand seven hundred and ninety-two, all sums issued by the said Paymaster-general the Company. of J^js Majesty's forces, for and on account of his Majesty's forces serving in India, or for raising and supplying recruits for the same, shall be repaid by the said Company ; and that the actual expenses only which since the said twenty-fourth day of December, one thousand seven hundred and ninety-two, have been, or which hereafter shall be incurred for the support and maintenance of the said troops, shall be borne and defrayed by the said Company ; any clause or provision contained in the said recited Act of the twenty-first year of his Majesty, or any other Act or Acts, to the contrary notwithstanding. (1) (1) [Vide note on '28 Geo. 3,-cap. 8, sec. 2.] No Goveinor-gene- CXXXVII. And be it further enacted, that it shall not be lawful for any Governor-general ce't on accouiu'^of the °'" Grovernor, or any Member of Council of the said presidencies in India, to be concerned Company. in any trade or traffic whatever, except on account of the said Company, nor for any collector, supervisor, or other person employed or concerned in the collection of the revenues, or the administration of justice in the provinces of Bengal, Bahar, and Orissa, or either of them, or their agents or servants, or any person or persons in trust for them, or any of them, to carry on or be concerned in or to liave any dealings or transactions, by way of traffic or trade, at any place within any of the provinces in India, or other parts, or to buy any goods, and sell the same again, or any part thereof, at the place where he or they bought the same, or at any other place within the same province, or any other such province or country resjiec- No Judge to be tively, except on account of the said Company ; nor shall it be lawful for any of the Judges nany r e. ^^ ^j^^ Supreme Court of Judicature to be concerned in any trade or traffic whatever; nor No person whatever shall it be lawfid for any of his Majesty's subjects in the said provinces to engage, intermeddle, ^n\an« forfeiture for visiting, haunting, frequenting, trading, trafficing, or adventuring in, to, or from the East-Indies, or other of tlie ])arts before-mentioned, eontrarv to the true meanin"- of the said Act; and the whole of an Act made in the fifth year of the reign of King George the First, intituled, "An Act for the better securing the lawful 'JVade of his Majesty's Subjects 5 c;. |, c. wi. to and from the East-Indies, and for the more effectually preventing all his Majesty's Subjects trading thither under Foreign Connuissions ;" and so much of any Act or Acts as continues the said Act of the fifth of King (ieorge the First ; and so nnich of an Act of the seventh vear of King George the First, intituled " An Act for the further preventing his Majesty's Sul)jecls So much of miv from trading to the East-Indies, luider Foreign Commissions, and for encouraiiing and further "V^ '^'' •^"i"'""' ^ securing the lawful Trade thereto, and for further regulating the Pilots of Dover, Deal, and c'tI.'^hs rch.'tes'^to |ni'. the Isle of Thanet," as relates to the punishment or prosecution of persons for sailino', woin"- III*'""'"'" "' 1"^''^"« ,. /,. • 1 . . ' o» o o' illcpilly inidiiig to llic or rcpaning to, or trading, traflicing, or adventurmg in, to, or from the East-Indies, or Kust-Imlios; parts aforesaid, to the prejudice of the said United Company, contrary to the laws then in being, or to the said .Act, and the whole of an .Act made in the ninth year of King George the First, intituled, " An Act to prevent his ^lajesty's Subjects from subscribing or being con- !» G. 1, ■•. 2(i. cerned in encouraging or promoting any subscrij)tion for an East-Iiuiia ('om])anv in the Austrian Netherlands, and for the better securing the lawful Trade of liis Majesty's Subjects So murli ..f a f;. ■>. to and from the East-Indies ;" and so much of an Act made in the third vear of King George '"' "■' '""' the Second, intituled, " .\n Act for rtxlucing tjie Annuity or Fund of tlie Unitetl East-Inilia Company, and for ascertaining their right of Trade to the East-Indies, and the continuance of their Corporation for that purpose, upon tlie Terms therein mentioned ;" and so nnich of an of 17 G. si, c. 17, is Act made in the seventeenth year of Kini; George the Second, intituled " An Act for .nant- "''',"", '"')' I'^'H'''*' ,.,,. ," • \ c i \i ■ • ■ '^ " ' '■•'•"■■■'eiici' to ( G. mg to his Majesty the surplus or remainder or the .Monies arising or to arise by the duties on •. '• -I. t^r Miing, &c. Spirituous IJquors, granted by an .Vet of the last session of Parliament, and for explainini; and '"^ ' '' ''""""■ amending the said Act, in relation to the retailers of such Eicpiors, and for establisliini'- an agreement with the United Company of Merchants of England trading to the East-Indies," as respectively creates any penalty Jir forfeiture, with a reference to the said Act of the seventh of King (ieorge the First, for the mode of suing, distributing and recovering the same; and so much of an -Act made in the tenth year of his present Majesty, intituled, " An Act for better so much of 10 Ci. 3. retiulatinij Persons enii)loved in the service of the East-India Comn;niv, and for other nurnoses ■"• '^^- "« »"''jccis illii'it ,..,,.,. 1 • I ii- • , . tmdiTs to. ill. or from therein mentioned, as suhjects any persons concernid 111 tlie illicit trade to, in, or from the tlir i:ii>i.Iii'll.- i.i East-Indies therein rccitiil, or in any tiadt' therei)y made piiiii>li,il)le, to :iii\ jienalty or l"'""''y' jienalties ; and also so iiuieh of an Act made in the tliirteeiilii year of his preM.iU Alajistv, .So mmli oi 13G.:<. intituled, "An Act for estabiisiiing certain IJeiiiilations for t lie better mana^iemeiit of the Affairs '!•'.'•'*• "* \'"'\"^''- '"' ,,.,,.' • ,. „ (Iflivory ol iiilviiT> (o of the East-India C ompany, as well in liuiia .■l^ 111 jAirope ; as provides for the delivery of tlif .Sccrftnrii-i of any letters or advices to the ))iiiuipal Seiietarie> of Stale, or as makes it unlawful for any ^"'"''' '"^'• Governor-general, or any of the < 'ouncil of the ])residency of I-'ort AX'illiam in IJengal, or any Chief Justice, or any of the Judges of the Supreme Court of .ludicatine at I'ort A\illiaiii, aforesaitl, to be concerned in any dealings or transactions liy way of trallic or coimneice, (I) and as makes it unlawful for any collector, supervisor, or any other of his IVIajestvs subjects employed or concerned in the collection ol" the revenues or the administration of justice in the jirovinces of IJeiigal, IJaiiar, and ()ri--sa, or tlnir agents or servants, or any persons in trust for them, to buy any goods or commodities by way of trade in those provinces, and lost'll again within the same provinces, (1) and as makes it unlnwAil for any of his Majesty's subject.* in the said provinces (o be concerned in tiie inland trade in salt, l)eetle nut, tobacco, or rice, 1- 106 [33 Geo. III. Cap. 52. except as therein mentioned, (1) and as makes it unlawful for persons dismissed from or re- si "•nincf the service of the said Company, or for any free merchant, free mariner, or other person, whose covenants or agreements with tlie said Company shall be expired, to be con- cerned in any trade or commerce in the East-Indies, other than for the disposal of his or their stock in hand, without the license of the said Company, or such Governor-general in Council, or President and Council, as therein are mentioned; and so much of the aforesaid Act made in the twenty-first year of his present jSlajesty as prohibits any of the servants of the said So much of 21 G. 3, Company, or other British subjects in India, from lending money to any foreign company 0. Go, as proliibits the foreign European merchants, or to purchase goods in India for or on account of any lending money to fo- ^^ ' '. i • i i- ■ i reign Companies, &c. such companies or merchants, or from being concerned ni lending money or purchasing goods to furnish any such companies or merchants, with the credit of such bills of exchange as are described in the said Act, or as makes provision, by jjenalty or forfeiture, or otherwise, for securing the sole and exclusive trade of the said United Company, in, to, and from the East-Indies and parts aforesaid, subject as therein is mentioned, or as prohibits the Court of Directors of the said Company from putting a stop to any suit or suits, or to remit or miti- gate the penalty, damages or satisfaction, sought to be recovered thereby before a final judg- ment or decree obtained in such suit or suits ; and also an Act made in the twenty-fourth 24 G. 3. sess. 2, c. 25, year of his Majesty's reign, intituled, " An Act for the better Regulation and IVIanagement Xtf toTlfe debTs of '^^ ''i*^ Affairs of "the East-India Company, and the British Possessions in India, and for the Nabob of Arcot, establishing a Court of Judicature for the more speedy and effectual Trial of Persons accused of Offences committed in the East-Indies," save and except so much and such parts of the last-mentioned Act as relates to the debts of the Nabob of Arcot or the Rajah of Tanjore, or as pro\ides for the redress of injuries and wrongs to any Rajahs, Zemindars, Polygars, Talookdars, and other native landholders within the British territories in India, and except so much and such parts of the same Act as are now in force for providing for, or which relate to or concern the new Court of Judicature by the said Act established for the more speedy and effectual trial of persons so accused of offences committed in the East-Indies, or any proceed- ings had or to be had bv or under the authority of the said Court, and not by this Act varied or altered, and also except such parts of the said Act as provides for the repeal of any former Act or Acts ; and also an Act made in the twenty-sixth year of his Majesty's reign, 26 C. 3, c. 16, except intituled, " An Act to explain and amend certain Provisions of an Act made in the twenty- form'"!-"^!' •t"' repeals fQuj-d, yea,, of i\]Q reign of his present ^lajesty, respecting the better Regulation and Manage- ment of the Affairs of the East-India Company," except so much thereof as repeals any former and so much of 26 G. Act or Acts; and also so much of an Act made in the same twenty-sixth year of his present 3, c. 57, as makes of- ]vij,;egtv, for the further rea-ulation of the trial of persons accused of certain offences corn- fences aijainst tlie jaw J .' ' o r for securing the exclu- mitted in the East-Indies, and for other the purposes in the title of the said Act mentioned, pany"^&c "enforceaUe ^^ makes offences against any law for securing such exclusive trade as aforesaid to the said in the East-Indies, re- United Company, and all forfeitures and penalties for illicitly trading, or for being in the East-Indies, prosecutable, or makes any seizure of any ship or goods within the limits of the said exclusive trade cognizable in the Supreme Court of Judicature at Fort William in Ben- gal, or in the respective ^Mayor's Courts of Fort Saint George and Bombay, or as relates to persons whose licenses to go to or trade or reside within the limits of the said exclusive trade shall have ceased and determined, or who shall have been dismissed from or have resigned the said Companv's service, or as relates to or as makes the powers of arresting, seizing, remitting, or sending to England, any person or persons in the East-Indies, or limits aforesaid, or for seizing any ships or goods liable to seizure by the said Company, enforceable and executable by the Governor-general and Council of Fort William in Bengal, or the Presidents and pealed. 33 Geo. III. Cap. 52.] 107 Councils of Fort Saint George and Bombay respectively, or the other person anil persons therein mentioned, shall be and are, and is hereby repealed aiid made void. (1) [Vide section 137 of this Act.] CXLVII. Provided always, and be it enacted and declared, that tlio aforesaid repeal shall Repeal not to ex- not extend to any offence conniiittcd against any of the statutes hereby wholly or in part re- miaeaVfor^ the pa^- pealed, or matter or thing lawfully done in Great Britain respectively, by virtue of any of the i"g tliis Act, &c. same statutes, before the passing of this Act, nor to any offence committed or to be commit- ted in the East-Indies against any such statutes, or matter or tiling lawfully done or to be done there, by virtue of any of the same statutes respectively, before the counnencement of this Act in India ; but that all and every such offences shall and may be prosecuted, and all and every such matter and thing shall be held to be of the same force, validity and effect respectively, as if this Act liad not been made, any thing herein contained to the contrary notwithstanding. CXLIX. Provided also, and be it further enacted and declared, that tlie said repeal nor to affect the pow- shall not extend to abridge, vary, or affect any of the powers given by, or declared to be clg^iuid'si t;. 3. c. 10,' vested in, the Board of Commissioners for the affairs of India, bv two several Acts, made coiicerniiii; expenses of , ■ 1 1 II-,. ,. 1 ■ -iir • . • " -1 • adiiitioiml forces mtlie in the twenty-eighth and tnirty-lirst vears ot his JMajcsty s reign respectively, concerning Easi-Imlics. the expenses incurred, or to be incurred, in raising, transporting, and maintaining certain of his Majesty's forces in the said Acts mentioned, for the security of the said territories and pos- sessions in India, in addition to the forces tluii tiieiv, but tliat tlie several powers and autho- rities by the said two several Acts, or either of them, given to, or declared to be vested in the said Board of Commissioners, shall and may be exercised by the Board of Commissioners for the affairs of India, to be appointed by \ irtue of this Act, in as large and amj)le manner and form as if the same were re^ieated and re-enacted, or vested in the said Board of Com- missioners, by express words in and by this Act, any thing herein contained to the contrary notwithstanding. CL. And, for obviating any doubts which might otherwise arise how far any of his Ma- jesty's subjects may, notwithstanding the aforesaid repeal of the said several Acts or parts of Acts, be entitled to recover any debts due to them in Great Britain, or in parts bevond the seas, or otherwise to enforce tlie execution of any contracts or agreements, by reason of any pretext to be set up by any other person or persons, that such debts were contracted, or that such contracts or agreements were made contrary to the restrictions or |)V(iliibitions in the said Acts, or some of them, contained, be it further enacted, that it shall not be competent .\cts repealed not to or lawful to or for any defendant or defendants in any suit or action now depending, or here- !>'"■ »<•'"""'• after to be brought in any Court either in (ireat Britain or in the East Indies, to plead or set up any Act or Acts, in the whole or in |)art repealed by this Act, in bar of any such suit or action, or of any judgment or recovery to be obtained therein, but that the plaintiff' or |)laii!- tiff's in all and every such suits or actions, as well in law as in eijuity, .shall have the siune remedy to recover, and be entitleil to the like juilgment, verdict, decree, and execution, as if the said Acts or parts of Acts so repealed had never been made, any Act or Acts to llie con- trary notwithstanding. CLI. And whereas the Governor- general and the other members of the Supreme Council of Port William in Bengal, and the Chief Justice and other Justices of the Su|)reme Court of Judicature at Port Willi.im aforesaid, are at present the only persons authorized by la» lo act as Justices of the J'eace within .iiul tin i]uj;li(iul tlu |]ri)\ inces, districts, and countries of 1. o 1 rt. 108 [33 Geo. III. Cap. 52. J?enoal, Bahar, and Orissa ; and tlie Governor or President, and tlie other members of the Council of Fort Saint George, on the coast of Coroniandel ; and tlie Governor or President, and the other members of the Council of Bombay, are the only persons authorized by law to act as Justices of the Peace in and for the presidency of Fort Saint George, and the presi- dency, island, town, and factory of Bombay, and tlie ])laces belonging and subordinate to the said two last-mentioned presidencies respectively : And whereas, for pi'eserving and main- taining tlie peace in the said provinces and presidencies aforesaid, and the places subordinate tliereto, it is expedient that a further number of persons should be appointed to act as Justices of Power given to tlie the Peace in and for tlie same respectively : Be it tlierefore further enacted, that it shall and may CoZiroT7ort\vii- I'c lawful to and for the Governor-general in Cotmcil of Fort William in Bengal for tlie time liani, &c. to npi>oiiit bein"', by commissions to be from time to time issued under the seal of the Supreme Coint of Justices t le eace. j^,^|jj,jjj.^,,.g there, in tlie name of the King's Majesty, his heirs and successors, tested in the name of the Chitf Justice of tlie said Court (which said commissions the said Supreme Court of Judicature is hereby authorized and required from time to time, by any order or warrant from the said Governor-genei-al in Council, to issue accordingly), to nominate and appoint such and so many of the covenanted servants of tlie said Company, or other Britisii inhabi- tants, as the said Governor-general in Council shall think properly qualified to act as Justices of the Peace within and for the said provinces and presidencies, and places thereto subordi- nate i-espectively, and such persons shall, according to the tenor of the respective commissions wherein they shall be so nominated and appointed, and by virtue tliereof, and of this Act, have full power and authority to act as Justices of the Peace, according to the tenor of the same commissions, wherein they shall be respectively named in and for the provinces and pre- sidencies aforesaid, and places subordinate thereto respectively : and the said Supreme Court, upon any requisition in writing from the saiil Governor-general in Council, shall and may from time to time supersede such commissions, and upon like requisition issue new commissions for tile jiurposes aforesaid, unto tlie same or such otiier of the covenanted servants of the said Comijany, or other Britisii inhabitants, as shall from time to time be so nominated by the said Governor-general in Council in that behalf, all which commissions shall be filed of record in the resiiective Courts of Oyer and Terminer of the province, presidency, or place wherein and Sucli Justices not to for which the same shall be issued as aforesaid : Provided always, that the persons who sliall sit in Couit^i of Oyer ^ nominated and appointed as aforesaid shall not be capable of holding any Court of Over and Termnier unless _ , ^ , i ,• • • i /-, i i x • i. i " ■ i called upon. and Terminer and Gaol delivery, nor to sit in any such Court, unless the Justices oi the said Court shall, on any particular occasion, call upon them so to do, in wliich case, and so often as the same shall happen, the persons so called upon shall and may for that time associate with them, and sit as Justices of the said Court of Oyer and Terminer and Gaol delivery by virtue of this Act, and have a deliberative voice, being first specially authorized for that purpose by order in Council. (1) (1) [The 47 Geo. 3, sess. 2, cap. 68, sec. 6, repeals so much of the above as authorizes the Governor-geueral in Council to appoint Justices of the Peace for Fort St. George or Bombay, that authority being given by section .5 to the Governor in Council of the respective Presiden- cies. The 2 & 3 Wm. 4, cap. 117, sec. 1, removes the restriction as to British inhabitants, and renders eligible all persons not subjects of a foreign state.] 33Giio. III. Cap.52.] 109 CLII. Provided always, and \k' it iurtlur fiiactcd, that no ]XTs()n to be nominated and Nu j.cnon^ mpube aDpointed in and bv any such connnission as afoivsaid siiall l)i" tapable of aetin<' a-; a Justice "^ '"•'"'g a* « Ju>iicf of the Peace in any ot the saui provinces or presidencies, until lie sluill have taken and sub- linve lokon the requi'. scribed in the Court of Oyer and Terminer of the province or presidency for which lie shall *'"" ""•''»- be appointed to act as a Justice i)f the Peace, tlie like oaths as are ajipointed to be taken by Justices of the Peace in Great Britain, or as nearly to the tenor thereof as the case will ad- mit, and as shall be approved by the said Court ; the oath of qualification prescribed by an Act of the eighteenth year of his late iNIajcsty King George the Second, intituled, " An Act 18 G. 2, c. 80. to amend and render more effectual an Act passed in tiic fifth year of his jireseiit Majesty's lleign, intituled, 'An Act for the Qualification of Justices of the Peace,'" only and always excepted. (1) (1) [By 53 Geo. 3, cap. 155, sec. 11-2, the oaths may be lakeii in aiiv civil or criminal Court ofMustice within the provinces in ami for whicli the Commission has issued, and before any other Justice of the Peace. The 2 & 3 VVm. 4, cap. 117, sec. 1, wliicli admits natives to the office, subjects all persons appointed to all the provisions of the law then exist- ing, except as to the taking of oaths; but directs that they shall I)ind themselves by such oaths or solemn affirmations as may be prescribed bv the Government. See Act of the Government of India, No.5, of 1840.] CLITI. Provided always, and be it further enacted aiul declared, that all convictions, I'rod-i'iliiiL's uf the judgments, onlers, and other iiroceediiigs, wiiich shall be had, made, or iironounc^'d bv or Justices of the I'eace , - T • X ■ /. 1 n . 1 • ■• 1 11 • • 1 , . ■ • "i»y '"' remove*! l>y beiore any Justice or Justicesot the Peace witlun any ot tlie britisli settlements or territories certinrari into ilie in India, out of the Court t)f Oyer and Termint'r within and for the same, shall and may be 9."""- "' ^'^" "'"' rcmoveable I>y writ of rer/iornri, into the Court of Oyer and Terminer and (iaol Delivery of and for the same presidency, at the instance of any of the parties thereby affected or agffrieved, at any time within tlie siiace of six calendar iiionth-i next after the makinki]l and umitr- " standing. "So help me GOD." Wliieli said oath shall be signed by the person or jiersons taking the siunc, and shall be admi- nistered by any two of the Directors of tlie said Company, who also shall sign and atte'-t the same ; and in case any person so to be elected a Director of the said Company, shall refuse or 114 [34 Geo. III. Cap. 41. neglect to take the said oatli ^vithin the time aforesaid, his office or place, as a Director of the said Company shall become void. (1) [By 53 Geo. 3, cap. 155, sec. 76, the year and title of that Act are to be inserted instead of the year and title of the Act by which the oath is prescribed.] Limitation of suits. CLXII. And be it further enacted, that all suits and prosecutions for anything done under or by virtue of this Act shall be commenced within the space of three years after the cause of complaint shall iiave arisen, or, being done in Great Britain, in the absence of any person beyond sea aggrieved thereby, then within the space of three years next after the return of such person to Great Britain. Commencement of CLXIII. And be it further enacted, that so much and such parts of this Act, in respect the parts of the Act, ^yhercof no particular time or times of commencement is or are herein named or appointed, time is appointed. shall have commencement in Great Britain innnediately after this Act shall have received his Majesty's royal assent ; and in the East-Indies, and other parts and limits aforesaid, from the first day of February, one thousand seven hundred and ninety-four. 34 GEORGII III. Cap. XLI. An Act to empoicer the East-India Company to continue a Bond Debt of Tivo Millions, and to increase the same by a further Sum, as Circumstances may require. I'leambie. Whereas by an Act, made in the last session of Parliament, intituled, " An Act for placing 33 G. 3, c, 4:7, recited. the stociv, called East-India Annuities, under the Management of the Governor and Company of the Bank of England, and ingrafting the same on the three pounds per centum reduced Annuities, in redemption of a Debt of four millions two hundred thousand pounds, owing by the public to the East-India Company ; and for enabling the said Company to raise a sum of Money by a further increase of their capital Stock, to be applied in discharge of certain Debts of the said Compan}' ; " it was amongst other things enacted, tliat it should be lawful for the said Company, with the consent of the Commissioners of his jMajesty's Treasury, or any three of them, or the high treasurer for the time being, at any time or times thereafter, to open books and receive subscriptions for enlarging their then present capital stock or fund of five millions to any sum not exceeding tlie furtlier sum of one million, so as to make their wiiole capital stock the sum of six millions ; and that tlie said Company should, out of the monies to arise by tlie said subscrijjtions, in the first place, apply so much tliereof as should be suffi- cient for the purpose in reducing their bond debt in Great Britain to the sum of one million five himdred thousand pounds, and after such reduction made, or a sufficient sum set apart and reserved for tliat purpose, that the said Company should and might apply and dispose of the residue of the monies arising by tlie said subscriptions in the discharge of such otlier debts due or coming due from them as they should think fit : and it was thereby also enacted, that after the said bond debt should have been so reduced to one million five hundred thousand pounds as aforesaid, it sliould not be lawful for the said Company again to increase 34 Geo. III. Cap. 41.] 115 the same beyond that amount, unless with tlie approbation of the Board of Commissioners for the affairs of India, for that purpose in writing first had and obtaincti, and that tlie whole increase to he made to tlic said bond debt should in no wise exceed the sum of five hundred tliousand pounds : and whereas the said Company have accordingly received subscriiitions in the manner by the said Act directed, whereby their capital stock hath been increa-sed to six millions, and the said Company have, out of the monies arising by the said subscriptions, paid, bought up, or otherwise discharged bonds to the amount of one million one hundred and fifty thousand five hundred and seventy-five pounds, or thereabouts, and have set apart a sufficient sum for the purchase or discharge of as many more bonds as will reduce the .-siiil debt to two millions : and whereas, in the present state of the affairs of the said Company, it will be for their convenience and advantage, that instead of applying any further part of the monev which hath arisen by the said subscription, in or towards a further reductitm of their said bond debt beyond the sum already set apart as aforesaid, the Company should be permitted to apply the same to the general purposes of tlieir connnerce, and to continue on foot the said bond debt of two millions, and it is also expedient that the said Company should be permitted to increase their said bond debt by a further sum not exceeding one miUion, as circumstances may re- quire : may it therefore please your Majesty that it may be enacted ; and be it enacted by the King's most excellent jMajesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that it shall and may be lawful for the said Company to keep on foot and continue their said bond debt in Great Britain at the aforesaid amount of two millions, and to apply the Company may con- surplus monies of the said subscriptions remaining, after reducing or setting apart a sulficient [(^'"^fo'wJo.OOo'' "i'ild sum to reduce the said bond debt to the amount aforesaid, to and for the general purposes of '""t""" « fiirtW-r !i of Saint Andrew Undershaft. 37 GEORGII III. Cap. XXXI. Ax Act to enable the East-India Compani/ to raise ]\Ioney by further increasing their Capital Stock, ami to extend the Provisions now e listing respecting the pre- sent Stock of the Company to the said increased Stock. The increase of capital stock authorized by (his Act was never effected. See note on section 1 1 ol"3 & 4 Wm. 4, cap. H5. IIS [37Geu. III. Cap. 117. 37 GEORGII III. Cap. CXVII. An Act for regulating the Trade to he carried on with the British Possessions in India, hi/ the Ships of Xations in Amity irith his Majesty. Preamble. Wliereas by an Act, passed in the twelfth year of the reign of liis late Majesty King- ly Car. 2, c. 18, re- d^ai-igs the Second, intituled, " An Act for the encouraging and increasing of Siiipping and Navigation," it was enacted, tliat, from and after the first day of December one thousand six hundred and sixty, and from thenceforward, no goods or commodities sliall be imported into or exported out of any lands, islands, plantations, or territories, to his Majesty belonging or in his possession, or which may hereafter belong unto or be in tlie possession of his Majesty, his heirs and successors, in Asia, Africa, and America, in any other ship or ships, vessel or vessels, than such as do truly and without fraud belong unto the people of England or Ireland, dominion of Wales, or town of Berwick-upon-Tweed, or are tlie built of and belonging to any of the said lands, islands, plantations, or territories, as the proprietors and right owners thereof, and whereof tlie master and three-fourths of tlie mariners at least are English, under certain penalties and forfeitures therein mentioned : and whereas it is ex- pedient that the ships and vessels of countries and states in amity with his Majesty should be allowed to import goods and commodities unto, and to export the same from the British territories in India, subject to certain restrictions and regulations: be it therefore enacted, Vesse's of countries jj ^]jg king's most excellent Majesty, by and with the advice and consent of the Lords 111 amity with Ins Ma- . . , ^ , . . jesty may import into, spu-itual and temporal, and Commons, in this present Parliament assembled, and by the Brttis'h^possesskli'is''in authority of the same, that, from and after the passing of this Act, and during the con- India, goods ]ievmitted tinuance of the exclusive trade of the United Company of Merchants of England trading ie«oi-s, not contrary to to the East-Indies, and during the term for which the possessions of the British territories treaties or law. jn India is secured to the said United Company, (1) it shall and may be lawful for the ships and vessels of countries and states in amity with his Majesty, to import into and export from the British possessions in India, such goods and commodities as they shall be permitted to import into and export from the said possessions by the Directors of the said Company, who are hereby directed to frame sucli regulations for carrying on the trade to and from the said possessions, and the countries and states in amity with his Majesty, as shall seem to them most conducive to the interest and prosperity of tlie said British possessions in India, and of the Britisli empire ; and no ship or vessel belonging to any of the subjects of states or countries in amity with his INIajesty shall be liable to seizure, confiscation, or forfeiture, or other penalty, for exporting from or importing into the said British possessions in India, any goods or commodities, the importation or exportation of which respectively shall be )iermitted by the said regulation ; any thing in the said herein-before recited Act of the twelfth year of the reign of King Charles the Second, to the contrary notwithstanding: provided always, that it shall not be lawful for the Directors of the said United Company to frame any regulations for the conduct of the said trade, which shall be inconsistent with any treaty or treaties which shall have been or may be entered into by his Majesty, his heirs and successors, and any country or state at amity with his ]\Iajesty, or wliich may be inconsistent ^vith any Act or Acts of Parliament which have been passed for the regulation of the trade and commerce of the said British territories in India. (1) [ Vide 3 & 4 Wm. 4, cap. 85, sec. 2, which continues all powers and authorities (not inconsistent with its enactments) granted by any 37 Geo. III. Cap. 142.] 119 former Act i'ov the term limited by 53 Geo. 3, cap. 155, the last-named Act having granted an extension of the term in progress when the 37 Geo. 3, cap. 1 17, was passed.] II. Ami be it further enacted, tliat all such regulations as shall be Iranieil by the said nege ' . . . , ' ' subject to the control and the countries and states in amity with his Majesty, shall be and they are liereby directed of the Board of Com- to be subject to the superintendence, direction, and control of the Board of Commissioners """*'""'''""■ for the affairs of India, in the same maimer as all Acts, operations, and concenis, which anywise relate to or concern the civil and military governments and revenues of the British territories and acquisitions in the East-Indies now arc. III. And be it further enacted, that it shall not be lawful for anv General Court of Court of Proprietors Proprietors to alter or change, or to direct, or order, or authorize, the altenng or changing, lu^tion on'he^Dfrecttire any resolution of the Court of Directors, or to rescind, revoke, suspend, or varv the same, ■'"^''"ing to intercourse e t_ 1 1 • - ,. . . . . • 1 i • -, , . of foreign nations in m so lar as the same relates to the mtercourse of foreign nations in aunty with his Majesty amity witli his Majesty and the British territories in India. ""'! "."' "'J?'*'' ^'■■"'• tones in India. 37 GEORGII III. Cap. CXLII. An Act for the belter Administration ofJusticeat Calcutta, Madrax, and Boiiihaii, and for preventi?ig British Subjects from being concerned in Loans to the Xative Princes in India. Wlicreas by an Act, passed in the thirteenth year of the reign of his present Majesty, Preamble, intituled, " An Act for establishing certain Regulations for the better Management of ihc l^J G.a, cap. 63. Affairs of the East-India Comjjany, as well in Imliaasin Eunijx," it was enacted, that it should be lawful for his Majesty, by Letters Patent, under the great sial of (ireat Britain, to erect and establish a Supreme Court of Judicature at Fort AVilliam in Bengal, to consist of a Chief .lustice anil three other Justices, being barristers of I'liglaiul or Ireland, of not less than five years standing, to be named from time to time by his Majesty, his heirs aixl successors: and whereas by the saitl Act, and ])y owers, juiHsdictions, and autlioritii-s whalsoi-ver, ami twooih.r JuJgc.. shall, from and after such period as aforesaid, l)e enjoyed and exercisi'd by the said Chief Justice and otlier Judges, in as full and ample a manner as the same might liave been held. 120 [37 Geo. III. Cap. 142. enjoyed, and exercised, by the said Supreme Court under the authority of the saitl lierein- before recited Act, or any other Act or Acts of Parliament, or under the Charter of Justice, granted by his ]\Iajesty under the authority of the same. His Majesty may II. And vhereas his Majesty has by Liw no power to direct the application of any part of direct the payment of -j revenues of the territorial acquisitions in India, as a provision for a Chief Justice, or a yearly sum out of the ^ , c • r ■ territorial revenues to other Judge, of the said Supreme Court, who, from inhrmity, or other causes approved of ' the'^jui'^T'turiiin' by his Majesty, may return to Europe : and whereas it is expedient that such power, to a to Europe. limited extent, be vested in his Majesty, his heirs and successors ; be it therefore enacted, by the authority aforesaid, that from and after the death, resignation, or removal, of one of the Judges of the said Supreme Court, and the suppression of the said office in the manner herein- before directed, that it shall and may be lawful for his Majesty, his heirs and successors, by warrant under his royal sign manual, to authorize and direct the payment of a competent yearly sum out of the revenues arising from the territorial acquisitions in India, to be applied for the use and behoof of an}' Chief Justice or other Judge^ who, from age, infirmity, or other cause, to be approved of by his Majesty, his heirs and successors, shall return to Europe. (1) (1) [The required term of residence, and the amount of revenue, were variously determined by 39 & 40 Geo. 3, cap. 79, 55 Geo. 3, cap. 84, and 4 Geo. 4, cap. 71. For the present law on those points, see 6 Geo. 4, cap, 85, sees. 7, 8, 10, 1-2.] The Supreme Court, IV. And whereas, by the Charter of Justice granted-by his Majesty, under the authority dis^i'tL- d'oes'^norex- '-^^ '''^ herein-before recited Act, passed in the thirteenth year of his present Majesty's reign, ceed l.OOii pagodas, the said Supreme Court of Judicature was directed and required to reduce, or cause to be to^be filed of record or reduced, to writing, the depositions of witnesses in civil causes, and was directed to require not. the same to be subscribed by such witnesses, with their name or other mark, and to file the same of record : and whereas by the same Charter of Justice, it was also directed that no appeal should be allowed from the said Supreme Court of Judicature, unless the value of the matters in dispute exceed the sum of one thousand pagixlas :(1) and whereas the requiring the depositions of witnesses to be reduced into writing, and filed of record, is productive of much expense and delay in small causes, where the value of the matter in dispute does not exceed one thousand pagodas, and which, for that reason, cannot be made the subject of appeal ;(1) he it therefore enacted, that, from and after the passing of this Act, it shall be in the discretion of the said Supreme Court, in all cases when the value of the matter in dispute does not exceed one thousand pagodas, either to direct the deposition of witnesses to be reduced into writing, and filed of record, or not, as the said Court siiall think fit, in the particular case; any thing in the said Charter of Justice contained to the contrary notwithstanding. (1) [Under section 24 of 3 & 4 Wm. 4, cap. 41, which empowers his jNIajesty in Council to make regulations as to the amount or value of the property in respect to which any appeal may be made, an order was passed on the 10th April 1838, fixing 10,000 Company's rupees as the 37 Gto. III. Cap. 142.] 121 minimum for which an appeal from any Court in India may be ])rc- ferred as matter of right.] VIII. Ami whereas certain regulations for the better administration of justice among the lUguluiions of the native inliahitants and others, being within the provinces of Bengal, Bahar, and Orissa, have co>iNi-'i'i"'^'\vli'irr ' n" been from time to time framed by the (iovernor- general in Council in Bengal ; and among tht- niitivfs or Dtla-rs other regulations it has been established and declared as essential to the future prosperity of of jiis\iLv!'to be pr'i'iit' the British territories in Bengal, that all regulations passed by Government, affecting the F*"- "'<'' transiaiions, • 1 • c .1 1 • r 1 1 I 1 r 1 • . 1 1 1 '" "'<= loiinlry Ian. lights, properties, or persons or tlie subjects, should be lormed into a regular code, atid gtingos ; printed, with translations, in tlie country languages, and that the grounds of every regiila- tioti he prefixed to it ; and that tlie Courts of Justice within the provinces be bound to regu- late their decisions by the rules and ordinances which such regulations may contain, whereby the native inhabitants may be made acquainted with the privileges and immunities granted to them by the British Government, and the mode of obtaining speedy redress for any infringe- ment of the same : and whereas it is essential that so wise and salutary a provision should be strictly observed, and that it should not be in tlie power of tlic Governor-general in Council to neglect or to dispense with the same ; be it therefore enacted, that all regulations which shall be issued and framed by tiie (Jovernor-geiicral in Council at Fort William in Bengal, affecting the rights, persons, or projierty of the natives, or of any other individuals who may be amenable to the Provincial Courts of Justice, shall be registered in the judicial depart- ment, and formed into a regular code, and printed, with translations, in the country languages, and that the gioinids of each regulation shall be preiixed to it; and all the I'ldvincial Courts I'royincial i ouris ol of Judicature shall be, and they are hereby directed to be bound by and to regulate their ^''tucrr^Xli?"."'! decisions by such rules and ordinanees as >h:ill be contained in the said reguhitions ; and the ''ovifs to I* iruiiMim. said Governor-general in Council shall amiually transmit to the Court of Dirirtors of the ito:inl. East-India Company ten copies of such regulations as may be passetl in each year, ami the same nunfber to the Board of Connnissioners for the affairs of India. Tlie ninth section dechires that it shall be law fiil for his JNIajesty to erect Courts of Judicature at Madras and Bomljay, having a Recorder, &c. By tlie 39th and 40th Geo. .'3, cap. 79, his Majesty is empowered (o erect a Supreme Court of Judicature at Madras; and all ])owers am! authorities oranted by this Act to the Recorder's Court are to he trails- ferred to the Supreme Court. By the 4th Geo. 4, cap. 71, a similar Couri is to be erected at Jiombay, and similar provision is made for the trans- fer of the powers and authorities of the Eccorder's Coml there. These powers and authorities, with their limitations, will bt- found in several of the following sections. X. Provided nevertheless, and i)c it fiullKr inacted, that the said new (barter, which his Kxi.ni of jiiri.«Jifiion. Majesty is hereby I'lupowered to grant, and the jurisdiction, powers, and authorities. t<> Ik- thereby establisheil, shall exlmd to all Uritish s\d)ji'cts wlio shall leside within any of tin- factories subject to or depcndanl hikmi the governments of Madras and Honiiiay resjurtixi ly ; and tlu' said Charter shall Iw eompeteiit and effectual, and tlie said Courts therein and llienby establisheil shall ha\e full power ami authority, accoriling to their respective jurisdielion-, to It 122 [37 Geo. III. Cap. 142. hear and determine all and all manner of complaints against any of his Majesty's subjects, for any crimes, misdemeanors, and oppressions, committed or to be committed, and also to hear and determine all suits and actions whatsoever against any of his Majesty's subjects arising in territories subject to or dependant upon the said governments of jMadras and Bombay respec- tively, or within any of the territories whic now are or hereafter may be subject to or dependant upon the said governments, or within any of the dominions of the native Princes of India in alliance with the said governments respectively, or against any person who at the time when such debt or cause of action sliall have arisen, have been employed by, or shall have been directly or indirectly in the service of the United Company, or any of his Majesty's Court not competent subjects ; provided always, that the said Court shall not be competent to hear, try, and Brains7 the Governor determine any indictment or information against the Governor or any of the Council, not or Council, except for being treason or felony, which the Governor or any of the Council at IMadras or Bombay respectively shall or may be charged with having committed within the jurisdiction of the said Courts respectively. treason or felony. Courts may try all XI. And be it further enacted, that the said Courts, so to be erected as aforesaid, shall suits «-lucli,^ by autho- j^^^^^ ^^jj power and authority to hear, try, and determine all and all manner of suits and might be tried by actions, either civil or criminal, which by the authority of any Act or Acts of Parliament orVoui-ts°of^ OyeTand "^^.y now be heard, tried, or determined by the ]\Iayor''s Court at jVIadras or Bombay respec- Terminer. tively, or by the Courts of Oyer and Terminer or Gaol Delivery there; and all powers, autho- rities, and jurisdictions, of what kind or nature soever, which by any Act or Acts of Parlia- ment may be or are directed to be exercised by the said IMayor's Courts, or the said Courts of Oyer and Terminer and Gaol Delivery, shall and may be as fully and effectually exercised by the said Courts, to be erected in the manner aforesaid, as the same might have been exercised and enjoyed by the said Mayor's Courts or Courts of Oyer and Terminer and Gaol Delivery The Governor, Coun- respectively : provided always, that nothing in tliis Act shall extend to subject the person of tl'ie Court not^subject '■'^^ Governor, or any of the Council at the respective settlements, or the person of the Jiecorder to arrest. of the said Court, to be arrested or imprisoned in any suit, action, or proceeding in the said Court ; nor shall it be competent for the said Courts, within their respective jurisdictions, to Jurisdiction of the hear or determine, or to entertain and exercise jurisdiction in any suit or action against tiie to Governor or Coun- Governor, or any of the Council at the said settlements of Madras and Bombay respectively, ciUors for acts in pub- fQj. qj. on account of any act or order, or any other act, matter, or thing whatsoever, coun- lic capacity, nor to i i i . i • i i- • • /-. i /-, ■■, revenue matters. cilled, ordered, or done by tlieni in tlieir public capacity, or acting as Governor and Council ; nor shall the said Court have or exercise any jurisdiction in any matter concerning the revenue under the management of the said Governor and Council respectively, eitlier within or beyond the limits of the said towns, forts, or factories, or concerning any act done according to the usage and practice of the country, and the regulations of the Governor and Council ; and no No person to become person shall be subject to the jurisdiction of any of the said Courts for or by reason of being of'^Court*' by"beinTa '^ landowner, landholder, or farmer of land or of land-rent, or for receiving a pension or landholder or farmer, payment in lieu of any title to ancient possession of land or land-rent, or for recei\ing any empbyed^bn'ompany compensation or share of profits for collecting rents payable to tiie public out of such lands or ornative of Great Bri- districts as are actually farmed by himself, or those who are his under-tenants by virtue of the tain, except in certain „ . . . -.^i • ,i • i i i n ■<• i , i • cases. farm, or tor exercising within the said lands or farms any ordinary or local authority com- monly annexed to the jiossession or farm thereof, or for or by reason of his becoming seciu-ity for the payment of the rents reserved, or otherwise payable out of any lands or farms, or farms of lands, within the dominion subject to the Governments of Madras and Bombay respectively ; and no person for or by reason of his being employed by the said Company, or the Governor and Council, or by any person deriving authority under them, for or on 37 Geo. III. Cap. 142.] 123 account of Iiis being employed by a native, or the descendant of a native, of Great Britain shall become subject to the jurisdiction of the said Courts respectively, in anv matter of inheritance or succession to goods or lands, or in any matter of dealing or contract between party or parties, except in actions for « rongs or trespasses only. XII. And, ill order that due regard may be iiad to the civil and religious usages of the Kiglits of fathers aiid natives; be it enacted, that the rights and authorities of fathers of families, and masters of Wprlscm.]!"""'" "* families, according as the same may be exercised by the Gentoo or Mahomedan law, shall be preserved to them within tiieir families respectively, nor shall the same be violated or inter- rupted by any of tlie proceedings of the said Courts ; nor shall any act done in consequence of the rule or law of caste, so far as respects tlie niendjers of the same family only, be deemed a crime, although the same may not be justifiable by the laws of England. XIII. And be it further enacted, that the said Courts so to be erected as aforesaid, shall courts mav deter- havefuU power to hear and determine all suits and actions that mav be brought ag;unst tiie p™'""" suits against the •11- r tr 1 1 T. 1 • 1 ■ 1 1 " 1 11 1 ... . , iiilmbitants according inhabitants oi Madras and liombay respectively, in the manner that shall be provided by the to tlic chiirier. but said Charter ; yet, nevertheless, their inheritance and succession to lands, rents, and jroods, I'"",'" '"''<'"'''""' "f -' ' ' ' » ' lands. Sic. to bo detcr- and all matters of contract and dealing between party and party, .shall be determined, in the mined us would have case of Mahomedans, by the laws and usages of the Mahomedans, and where the parties are cv»?rt randwlu-ironc Gcntoos, by the laws and usages of the Gentoos, or by such laws and usages as the same p»rty is a Jluhomcdan would have been determined by if the suit had been brought, and the action commenced, in usMges of the d'cfend- a native Court : and where one of the parties shall be a Jlaliomedan or Gentoo, by the laws "'"• *"^- and usages of the defendant ; and in all suits so to be determined by the laws and usages of the natives, the said Court shall make <;uch rules and orders for the conduct of the same, and frame such process for the execution of their judgments, sentences, or decrees, as shall be most consonant to the religions and manners of the said natives, and to the said laws and usages resj)ectivelv, and the easy attainment of the ends of justice; anil such means shall be adopted for comjielling the apjiearance of witnesses, ami taking their examination, as shall be consistent with the said laws and usages, so that the said suits shall be conducted with as much ease, and at as little expense, as is consistent witli the attainment of substantia! justice. XIV. And be it further enacted, that no action for wrong or injury shall hi' brought No aitwn for wrong against any person whatever exercisiii"; a ludicial ollice in any country Court, for anv iiulg- '<> J'l' ''""'t'ln "gmnst « o .' • . .' J ^ . .1 r> jiiiiicml olhci'r for iiny ment, decree, or order of the said Court, or against any person for any act done by or in oniiT of t'oun, nor for virtue of the order of the said Court ; and in case any information is intended to be 17 i',,|yt,^,7,'order*'"ut brought against any such jierson or officer, the same shall be brought antl proceeiled in, in if any information is the same manner, and to all intents and purposes in the siime form, anil to the same effect, as i,r„„pi,t according to such informations arc directed to be proceeded in before the Supreme Court of .Itidicature at -' *•• .'l. c. 7ti. Calcutta in Hengal, by an Act, passed in the twenty-first year of liis Majesty's reign, (1) in- tituled, " An Act to explain and amend so much of an Act, made in the tbirti-enth year of the reign of his present Majesty, intituled, ' ..\ii Act for establishing certain Hegulations for the better Management of tiie Affairs of the Ivist-Iiidia ('<»mj)any, as well in India as in I'uri>|)e,' as relates to the Administration of Justice in Bengal ; and for the Belief of certain Persons imprisoned at Calcutta in lliiifj.'d under a .Tudgmeiit of the Supreme Court of .Itidiealinv, and also for indemnifying tlie (rovernor-geiieral and Council of Bengal, and all Oilicirs who have acted under their Orders or Authority, in the undue Besi.stance made to the TriKX-ss of the Supreme Court." II 2 124 [37Geo. III. Cap. 142. (1) [-21 Geo. 3, cap. 70, sees. 25 and -26.] A registry of natives XV. And be it further enacted, that a registry of the natives employed in the service of pany''oriint'isii ^siibi the said Company, or in the service of British subjects or their partners, shall be establislied .iects to be establislied ^yithin the settlements of Madras and Bombay respectively, in the same manner, to the same effect, to the like extent, and for the like purpose, and subject to the like penalties, as such reo-ister is establislied at Calcutta, by the said Act passed in the twenty-first year of his present Majesty's reign. (1) (1) [21 Geo. 3, cap. 70, sees. 11 to 16.] His Majesty to di- XVI. And be it further enacted, that it shall and may be directed, in and by the said new reet in the Charter that fj^j^j.^p^. which his Maiestv is herein empowered to errant, that in case any person or persons persons may ajipeal .) . i . . -^ . . tiom the Courts to his whatever shall think him, her, or themselves aggrieved, b}' any judgment or determination of . ajestyin ounri . ^^,i^l,g^. Qf the said Courts of Judicature, to be established as aforesaid, he, she, or they may appeal from such judgment or determination to his Majesty in Council, within such time and in such manner, and in such cases, as his Majesty in his said Charter shall judge proper and reasonable to be appointed and prescribed. Records of the .Aiay- XVII. And be it fiu'ther enacted; that if his Majesty shall grant such Charter as afoi-esaid, Comts°or*byer and and erect such Courts of Judicature at Madras and Bombay, all the records and muniments Terminer, to he de- and proceedings whatsoever, of and belonging to the said Mayor''s Courts at Madras and (o'lrts. '" '^ Bombay respectively, or to the Courts of Oyer and Terminer and Gaol Delivery, there esta- blished by the afoi-esaid Charter of his late jNIajest)-, shall, from and immediately after such Courts of Judicature as his Majesty is herein empowered to erect shall be established, be delivered over, preserved, and deposited, for safe custody in the said new Courts of .ludicature respectively ; to which all parties concerned shall and inay have resort and recourse, upon application to the said Court. Jinisdietion oi the XVIII. And be it further enacted, that so much of the Charter granted by his late Ma- of "th"' I'res'i'deiu's and j^***-)"' ^* confers any civil, criminal, or ecclesiastical jurisdiction upon the Mayor's Courts of Coiineili, as Courts of Madras and Bombay respectively, or upon the President and Council as a Court of Appeal iiifhlTcation*' m'^^'^new ^''O'" 'he said Courts, or of Oyer and Terminer and Gaol Delivery, at the said settlements, or ^'''■"'f'^''- the subordinates thereto belonging, in case a new Charter shall be granted by his Majesty, and shall be openly published at Madras and Bombay respectively, from and innnediately after such publication shall cease and determine, and be absolutely void to all intents and purpo.ses; and all judicial powers and authorities granted by any Actor Acts of Parliament to the said j\Iayor's oi- Courts of Appeal at the said settlements, shall cease and determine, and be no longer exercised by the said Courts ; but the same shall and may be exercised by the Courts of Judicature to be erected by virtue of this Act, in the manner, and to the extent herein- before directed ; but nevertheless the said Charter shall, in all other respects, continue in full force and effect, to all intents and purposes, according to the true intent and meaning thereof, except in so far as it is altered or varied by this Act, as fully and effectually as if this Act had not been made, or such new Charter should not have been granted. .\ll new forms of XXVII. And be it furtiier enacted, that all new forms of process, or rule? and orders for ii'iUteT to" the lioaixl '''"^ execution thereof, shall be transmitted to the President of the Board of Commissioners for for India affairs. the affairs of India, to be laid before his ]\Iajesty for his royal approbation, correction, or re- 37 Gko. III. Cap. 14-2.] 12.5 fiisal ; and .such process shall he used, and such rules shall be observed initil the same shall 1)6 repealed or varied, and in the last case with sucji variation as shall be ni.ade therein. XWIII. And whereas tiic jiractiee of British subjects lending; money, or beinn; conccrniil !.>(,„, d^.,. j j-y^ ill tiie lendiiiic of tlie same, or in transactions for the iKinowinn; money for, or lendin<5 money "" ""'i*'' subject to 1 • Ti ■ • T 1- 1 1 1 .. f 1 ■ 1 ■ r 1 • »i ■/. Ii''"l «")■ money, or l>c to, the native Innces m India, has been productive of much miscluei, and is the source of concc-rned in raisinB iiuicli usury and extortion : and whereas the wiiolesome orders of tlie Court of Directors of '"1>'/"'' ""tivi' rnncee, ... " itliont consent of the tlic United Company of Merchants trailing to India have not been sutlicient to restrain and lourt of Uiructor>, or repress the same : and whereas it is higlily desirable that such practices should be prevented J.|p °nj"'anv" ^'i^T in future; be it therefore enacted, tiiat, from and after the first day of ])cceml)er next, no tloinu so nmy be pro British subject shall, by himself, or by any otiier person directly or indirectly employed by nicaiHx'. him, lend any money or other valuable thing to any native Prince in India, by whatever name or de.scri|)tion such native Prince shall be called ; nor shall any British subject, eitiier by him- self, or by any otiier person directly or indirectly employed by Jiim, be concerned in the lend- ing any money to any such native Prince; nor shall any British subject be concerned, either by himself or by any otiier person, cither directly or indirectly, in raising or procuring any money for any such native Prince, or as being security for such loan or money; nor shall any British subject lend any money or other valuable tiling to any otiier jierson for the jnirpose of being lent to any such native Prince, nor shall any l^ritish subject, by himself or by any other person, cither directly or indirectly, for his use and benefit, take, receive, Iiold, enjoy, or be concerned in any bond, note, or otiier security or assignment, granted or to be granted by any sucli native Prince, after the first day of Decemlier next, for the loan, or for the repa)-- ment, of money, or other valuable thing, without the consent and approbation of the Court of Directors of the East-India Company, or tlie consent and approbation of the Ctovernor in Council of one of tlie said Company's Governments in India, first had and obtained in writing ; and every person doing, acting, or transacting, or being concerned in any actings, doings, and transactions, contrary to this Act, sliall lie tUvmed and taken to be guilty of a misdemeanor at law, and shall and may be proceeded against and punished as such, by virtue of tliis Act, l)c- fore any Court of competent iurisdiction ; and all bcmds, notes, assignments, or securities for ... ■ 1 • 1 r • 1- 1 • Security for money money, of wliat kind or nature soever, taken, lield, or enjoyed, eltiier directly or indirectly, lor lent conimrj' licrelu, to tile iiM' and benefit of any British subject, contrary to the true intent and meaning of this .Act shall be, and the same are hereby declared to be null and void to all intents and pur])oses. be void. XXIX. And be it further enacted, tliat when and so often as any information siiall be Oji ronipinint to iiic civen, or comiilaint made, to any of theGoverments of tlie said Cnited Comnany in tlie b'.ast- f-ovcnnncnts in Indw V i. , 1 . 1 • . n , ■ 1 ",-, ""■ ''i'""K '"nlmry to Indies, of any person having acted contrary to the provisions of tins Act, such Governments (bis Act. tlie nihe to shall forthwith lay the case before the Company's law officers at the settlement where it arises, ''«-'""' ""f""" ""' '""[ .'_'.' ' oHicern, wliose n'port who shall take the same into their consideration, and report their opinion fh< leiijiou. whether '•'"'H be innisniiiied to the same is a proper ca.se for prosecution (logi'liur uilh tiieir reasons for the same), which re- "" °"^ " '"'^'"*- port shall be transmitted honu' to the Court of l)iiciit conveiiieiil op|)ortuiii(y. XXX. And whereas the provision made by the Charter of Justice of his late IMajcsty, for JuriMlieiioiit of the the establishment of a Court of lle<|uests in ami for tlie towns of Madiaspalnam, Bombay, and ''""i"' "' "'•i'"''''' "J ' ' ' . Aliidni*. UoinlMy. mid Calcutta, for the recoverv of debts, diitii's, ;iiid diiiiaiids tiierein, not cNiix-ding the value of falcnttii. emended to five jiagodas, in mamiir tlu'rein ilincted, hath been found beneficial ami coiivinieiit : and whereas an extension of jurisdiction of the said Courts for the recovery of debts, duties, and inaiids, to a larger amount in value, is found to be nsiftil ; be it therefore iiiacted by the thoritv .iCoresaid, that the jiiiisdietion of the said Courts of l{e(|iiests at ami for tlie 'aid (It au 126 [39 Geo. III. Cap. 109. towns of ]Madraspatnam, Bombay, and Calcutta, respectively, shall be and the same is extended to the recovery of all or any manner of debts, duties, and demands, not exceeding in value the sum of eighty current rupees respectively ; and for that purpose that the Commissioners of the said Courts of Requests, and their successors, shall have full power and authority to hear and determine all actions, plaints, and suits, which have grown, or shall be brought before them, in their said respective Courts where the debt, duty, or matter in dispute, shall not exceed the said value of eighty current rupees, and to award execution thereupon for the debt or sum adjudged to be due, in the same manner as they now do for debts and demands under the sum of fi ve pagodas. 39 GEORGII III. Cap. CIX. An Act for better Recriiiti/ig the Forces of the East-India Company. [12M July, 1799.] , . Wliereas the United Company of Merchants of England trading to the East-Indies are by law entitled to maintain and keep up, and at their own costs and charges do maintain and keep up, a military force in their settlements abroad, for the defence and protection of the territorial acquisitions and revenues of which they are in possession, and for the defence and protection of their trade ; and by an Act of Parliament made in the twenty-first year of the 21 G 3 c 65 I'eign of his present Majesty, intituled, " An Act for establishing an Agreement with the United Company of Merchants of England trading to the East-Indies, for the payment of the Sum of Four hundred thousand Pounds, for the Use of the Public, in full Discharge and Satis- faction of all Claims and Demands of the Public, from the time the Bond Debt of the said Company was reduced to one million five hundred thousand Pounds, until the First Day of March one thousand seven hundred and eighty-one, in respect of the Territorial Acquisi- tions and revenues lately obtained in the East-Indies ; and also for securing to the Public in respect thereof, for a Term therein mentioned, a certain part or Proportion of the ciesx Revenues and Profits of the said Company ; and for granting to the said Company, for a further Term, the sole and exclusive Trade to and from the East-Indies, and Limits therein mentioned ; and for establishing certain Regulations for the better IManagement of the Affairs of the said Company, as well in India as in Europe, and the recruiting tlie Military Forces of the said Company," certain regulations are established for the said Company's raising recruits in Great Britain, but no provision is made, by virtue of which such recruits can be trained, arrayed, exercised, or disciplined, during tlieir abode in this kingdom, or wliereby they can be subjected to military law previous to their embarkation for, and during their passage to, the places where the said United Company are entitled to maintain and keep sucli militia force: and whereas it is expedient that his Majesty's officers should be authorized in certain cases to enlist recruits for service, either in his Majesty's troops or in the forces of the said United Company, as his Majesty shall think fit to direct; and that all recruits so raised and transferred over to, or enlisted by officers in the service of the said United Company, should be trained, arrayed, exercised, and disciplined in the use of arms, previous to their departure for places abroad ; and that they should be subjected to military- law during their abode in this kingdom, and during their passage to, and before their arrival at such places : may it tlierefore please your ]Majesty that it may be enacted ; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the 39GEO. III. Cap. 109.] 127 Lords spiritual and temporal, and Commons, in this present Parliament assembled, and bv the authority of the same, tliat it shall and may be lawful to and for his jMajestv, iiis lipirs His ^Illje^ty may and successors, to order anil cause sucii of liis officers as lie shall see fit, to levy, enlist, and °"^" oflinrs to li-vy ' ." ' men to ...erve in tbi- raise such number of men as from time to time his Majesty shall think fit, for the special Kast-Indiesinliis Mu- purpose of serving in the East-Indies, either in his Majesty's troops, or in the forces of the ''com^y^Xrc^ "'" said United Company. The Act goes on to prescribe a particular form of oath to l)e admi- nistered to recruits thus raised, and tlie second section directs the Justice before whom the recruit shall appear to tender the oath ; ])ut by 3 & 4 Vict. cap. 6, sec. 36, (the annual INIutiny Act) the forms pre- scribed therein, and no other are to be used during the continuance of that Act. III. And be it further enacted, that it shall and maybe lawful to and for his M.njestv, His Mnji-sty. on pc his heirs and successors, upon the petition of the Court of Directors of the said United uir"ectoI>"m..y°cruM Company, to cause so many recruits or soldiers, who shall have been raised by his Majesty's recruits to be tiant- officers for the special purpose hereinbefore mentioned, as the said Court of Directors shall thTcomimny.' petition for, and as his Majesty, his heirs or successors, sliall see fit to grant, to be trans- ferred over to the service of the said United Company, which transfer shall be made bv such recruits or soldiers being delivered over by such officer in his AEajesty's service, who shall have the connnand of them, at such |)lace as liis IMajesty shall think proper to ajipoint, to such person or persons a.s the said Court of Directors shall appoint to receive them. IV. Providetl always, and be it enacted, that the said I'^nited Company shall not be Company not oUligwl obliged to receive into their service any recruit or soldier who shall be an invalid, or who 'o reccivi- invuliiU. shall have any bodily infirmity. V. And be it fiu'ther enacted, that the said United Company shall pay unto such jK-rson Conipuny to iMiy or persons for the use of his Majesty, as shall be aijpointeil for that purpose in writinir 1)V *'"'' !"'"' '" ^'"'" "T ' . . - , . . , " • iigri'ivl upon for ^Ul•Il the Comnnssioners of his Majesty's Treasury, or any three or more of them, or by the Lord n:rriiii». cimi ilinnuii- High Treasurer for the time being, such sum and sums of money as from time to time shall J,'',','n""' ''"'" '"'"'" be agreed upon between f arms, such men ns thev nmv from """ <•»''••"' """'■'' time to time cnli.st and engage in their service, imder and by virtue of tlie nuthority of the r, n..! nn.i.r iIm.! m said Act of the twenty-first year of his Majesty's reign, and such men as nhall l)e Iransferretl *•""' ','""""• ''l""'" . . ... ^^y. or Jirvy. 011(1 may over to then- service in nianmr iierein-meiitiuiied, in anv of his Majesty's garrisons, or !il niiiUc o'"i|"-»ts: »nd • ' clothiui;, Kc to bo clothing for tiie said men, and all other things whatsoever, necessary to be provided for them, providi-d «« ebe Direo- or for the place in which they shall be deposited and kept, shall be provided by the said ""'**■" '"" '""• United Company, upon the best terms, and in such manner as shall appear to the Court of Directors of the said Company to be best suited to tiiat purpose. XII. And be it further enacted, that in case the said men, so to be enlisted into, or trans- onii-i-i< and irn-n to ferred over to, the service of tiie said United Compaiiv, .shall be depo>ited and kept at any of I"" »u''ji-'-H'> i' i- c"'"- his Majesty's garrisons or barracks, all such recruits and soldiers, and tlie commissiunetl and urbmrarks. uruiiuiuir- non-commissioneil oflicers having tlie command of, or being employetl in the training, e\er- '"'''■'"' "^ ""'"■'• cising, and arraying sucli recruits or soldiers, shall at all times be subject to the command aiul orders of the commandant of such garrison or barracks, or in his absence to the .senior officer in his Majesty's service, or the officer for the time being commanding in such garrison or barracks; and that the conimi.ssioneil aiul non-commissioned officers, to be appointed by the said United Company to the command of, or for the training, exercising, or arraying such re- cruits asaforesaiii, shall at all times partake in and perform tlie duties of anv of liis ^lajesty's garrisons or barracks in wiiich they may be statioiuil. XIII. .And be it further enacted, that all orders which shall i)e given i)y the .said United Onlcrsoftho Com- Company, or their Court of Directors, to their officers so stationed at any of his Majesty's !'|','^1, .i,'" mr^ ^J,"! garrisons or barracks, sliall he given and passed through the commandant or senior f slock standing in their books to be made wiiich justice may require : be it enacted by tiie King's most excellent » ^ 132 [39 & 40 Gko. III. Cap. 36. Majesty, by and \vith tlie advice and consent of the Lords spiritual and temporal, and Com- mons, in this present Parliament assembled, and by the authority of the same, that it shall be Any Conn of Equity lawful for any of his INIajesty's Courts of Equity, before or upon hearing any cause depend- may order the Dank of j therein, to order the Governor and Company of the Bank of England to suffer a transfer England to suffer a o ' , i J j • v • i i transfer of stock to lie of stock standing in their books to be made, or to pay any accrued or accrumg dividends dTnds' be'ion^ging^to,' or thereon, belonging to, or standing in the names of, any party to a suit, as such Courts may standing in tile names deem iust; or to issue an injunction to restrain them from suffering any transfer of such stock, or Iss^ufan injunction or from paying any dividends or interest accruing or accrued thereon, although such Gover- to restrain sucli trans ,^qj. ^^^^_\ Company are not parties to the suit in which such decree or order shall be made, such though '"e^Bank be Courts being satisfied by the certificate of the accountant of the said Corporation, duly signed not a party, &c. i j^j^^^ .^^ jiereiii-after is directed, that the stock required to be transferred is standing in their books in the name of the persons or person required to transfer the same, or of the persons or person to whom they or he are or is the legal representative ; and that after due service of a short order upon the said Governor and Company, or their proper oflicer, which shall contain no recital of their pleadings or other matter than the title of the cause, and the ordering part of such decree or order which respects the said Governor and Company, and for which the sum of eighteen shillings, and no more, shall be paid, like process shall issue to enforce such order or decree as to enforce them against any party to a suit depending in such Court. On request of the II. And f r the better enabling any party to a suit to obtain and produce such certificate clerk of the Court and • Q^j.. j^g jj enacted, that upon request in writing, signed by the clerk in Court (or other the solicitor of the ■^^^•^'i ■> i i i-i/.i i- party, the Bank shall officer answering thereto) and the solicitor concerned m the cause tor the party applying, stttbg till. amount'Tf ^vhich shall state the cause, and for what parties they are concerned, the Governor and Corn- such stock or divi. ,,nnv of the Bank of Eno-land shall deliver, or cause to be delivered, to the said clerk in Court, the' ft^s hcre"in rjie'i-' or otiier officer and solicitor, or one of them, a certificate signed by their accountant, stating tied shall he paid. ^\^^, amount of such Stock or dividends, and in whose names or name such stock is standing in their books, and, if it be particularly required (but not otherwise) when such stock or any ])art thereof was transferred, and by whom, for the signing of which request in writing there shall be paid to such clerk in Court or other officer, a fee of six shillings and eightpence, and no more, and to such solicitor, for the drawing, copying, and delivering at the Bank, a fee of thirteen shillings and fourpence, and no more, and to the officer making out and delivering Act not to extend to such certificate, a fee of two shillings and sixpence, and no more: provided nevertheless, any fiutlier discovery j^^^j nothino' herein contained shall extend to anv case where any further discovery is wanted than herein mentioned, '"^ .- .' . nor to any ca.e where than what is hereiii-before expressly mentioned, nor to any case where tlie said Governor and a" terest in the the Bank dajman^m- QQ,^,p.j„y cXsam any interest in or lien upon the said fund, but that in such cases it shall be necessary to make them a party to such suit as if this Act had never been made; and that if any special matter shall arise, which in the opinion of the said Governor and Company shall affect their interests, or which might be objected against suffering such transfer of stock or iiaymcut of dividends, it shall be lawful for them to state such matter to the Court by motion or petition in such suit, and that execution of process to compel such transfer or payment shall be suspended until final order shall be made thereon. In suits depending HI. And be it further enacted, that in all suits now depending, in which the said Gover- where ""j^ ]v^'!"^_^J^'"J^^ nor and Company may have put in their answer, not claiming any interest in or lien upon the not claiming any in- stock required to be transferred, no further proceeding shall be had against them as a jiarty to q'u'^^eV'to''he'tran'ifer- such suits, but that the bill shall stand dismissed as against them in such suits ; and that in led, proceedings shall j,|] j^^,^.], g^jts an order may be made, upon motion or petition as of course, for the taxing of hfii disniirfed,"L. ' "^ their costs already incurred, and for immediate payment thereof by the plaintiffs in any such 39&40Geo. III. Cap. 79.] 133 suits, or any of them, subject liowevcr to any further or^ler as between the other parties to such suits, respecting tlie final payment of such costs, asl)y the Court in which any suit may be depending shall be deemed just. IV. And be it furtlier enactei)oiiit what ^^^. ^j ^:^ being, to declare and appoint what part or parts of the said territorial acqui- parts of tliL- tenitonal I J o' rr i i i? n c • acquisitions, revemies, sitions, or of any Other now subject to the government of the said presidency of lort Samt ^ther'.^'ami' wh^ch' o'f George, or the said presidency of Bombay, together with the revenues arising therefrom, and their iiresidencics.sub- the establishment of civil servants connected therewith respectively, shall from thenceforth the' Com'mlss'ion'e'rs for hereafter be subject to the government of either and which of the said presidencies, or of the the affairs of India. presidency of Fort William in Bengal, and from time to time, as occasion may require, to revoke and alter in the whole or in part such appointment, and to make such new distribution of the same as to them shall seem fit and expedient, subject nevertheless, in all cases, to the superintendence, direction, and control of the Commissioners for the affairs of India, in like manner as any acts or orders of the said Court of Directors are now by law subject ; and all such territorial acquisitions, and the revenues arising therefrom, and the establishment of civil servants connected therewith, shall, from and after the time, and subject as to sucli time to the conditions and limitations to be by the said Court of Directors limited and appointed for such purposes respectively, be to all intents and purposes whatsoever annexed to and made subject to such presidency, and to the Court or Courts of Judicature established, or to be established, therein respectively. Letters Patent of U- And whereas his late IMajesty King George the Second did, by his Letters Patent, G.'d, dated tlieSth of Jijearing date at Westminster the eighth day of January in the twenty-first year of his reign, his reign. grant unto the said United Company of Merchants of England trading to the East-Indies, his royal Charter, thereby amongst other things constituting and estabhshing Courts of Civil, Criminal, and Ecclesiastical Jurisdiction at the United Company's respective settlements at Madraspatnam, Bombay, or the island of Bombay, and Fort William in Bengal : and whereas the said Charter, in so far as it respects the administration of justice at Madras, has been altered and changed, by virtue of an Act passed in the thirty-seventh year of his present 37 G. 3, c. 14--2, recited. Majesty, intituled, " An Act for the better Administration of Justice at Calcutta, Madras, and Bombay; and for preventing British Subjects from being concerned in Loans to the Native Princes in India:" and whereas the said Charter, so far as it respects the administration of justice at Fort AVilliam in Bengal, has also been altered and changed, by virtue of an Act 13G. 3, c. &3. passed in the thirteenth year of his present ^Jajesty, intituled, "An Act for establishing certain Regulations for tiie better IManagement of the Affairs of the East-India Company, as well in India as in Europe," and by divers subsequent statutes : and whereas it maybe expe- dient for the better administration of justice in the said settlement of Madras, that a Supreme Court of Judicature should be established at Madras, in the same form, and with the same powers and authorities, as that now subsisting, by virtue of the several Acts before-mentioned, His Majesty may at Fort William in Bengal : be it therefore enacted, that it shall and may be lawful for his c^n'of .TudiratmeTt J^^'^JE'Sty, his heirs and successors, by Charter or Letters Patent under the Great Seal of jNladras, to consist of Great Britain, to erect and establish a Supreme Court of Judicature at Madras aforesaid, to persons.*^ ^c-'^as*^' ti°e consist of such and the like number of persons, (1) to be named from time to time by his Supreme Court at Fort Majesty, his heirs and successors, with full power to exercise such civil, criminal, Admiralty, and ecclesiastical jurisdictions, both as to natives and British subjects, and to be invested with such power and authorities, privileges and immunities, for the better administration of the same, and subject to the same limitations, restrictions, and control within the said Fort Saint George, and town of Madras, and the limits thereof, and tiie factories subordinate thereto, and within the territories which now are or hereafter may be subject to or dependant upon the said Government of jMadras, as the said Supreme Court of Judicature at Fort William in Bengal, by virtue of any law now in force and unrepealed, or by this present Act, doth consist of, is 3C .^ 40 Geo. III. Cap. 79.] 1B5 invested with, or subject to, witliin tlie said Fort William, or the kingdoms or provinces of Bengal, Bahar, and Orissa. (1) [A Cliief Justice and two Puisne Judges. J'icle 37 Geo. 3, cap. 142, sec. 1.] III. Provided always, that the Governor and Council at ]\Iadras, and the Governor-general Howfur tin- Gover- of Fort William aforesaid, shall enjoy the same exemption, and no other, I'rom the authority dnLTand^thc' Govcrl of the said Supreme Court of Judicatiu-e to be tliere erected, as is cnjoved by the said Govcr- "of-gciaTdl of Fort nor-general and Council at Fort William aforesaid, from the jurisdiction of the .Supreme emptcd from the au- Court of Judicature there already by law establislied. thority of ihe Court to ■^ -^ bo erected. IV. And be it further enacted, that if his Majesty, his heirs or successors, shall grant If his Majesty shall such Charter as aforesaid, and erect such Supreme Court of Judicature at ^Madras as afore- noL'dras'''thereeor(3s said, all the records, muniments, and proceedings whatsoever, of and belonging to the late J>rected_ by recited Slayor's Court at IMadras, or to the late Court of Oyer and Terminer and Gaol Delivery, delivered' oier to the which were, by the said Act passed in the thirty-seventh year of his present Majesty, directed "'^"' Courts, and tliose 111- 1 , 1, -ii /^ i,./.i belonging thereto shall to be delivered over, jireserved, and deposited to the new Courts, erected by virtue or the i,e delivered over to said Act ; and all the records, muniments, and proceedings whatsoever, of and belonging to ''"■ Supreme Court. any of the said new Courts, shall, from and immediately after such Supreme Court of Judi- cature as his IMajesty is hereby enij)owered to erect shall be established at Madras, be deli- vered over to be preserved and dcjK)sited for safe custody in the said new Court of Judicature ; to which all parties concerned shall and may have resort and recourse upon application to the said Court. V. And Ix; it further enacted, that so mucli of the Charter granted by iiis presiMit ^lajesty, .Somuch ortheCliar- for erecting the Courts of the Recorder (»f Madras and Bombay, as relates to the ai)i)ointinent f"" °^'"' 1"**>'."' *'»- ° . ,.1/- r, J"'*' '"'■ iTectiiiR the of such Recorder, and the erecting of sucli Courts of Judicature at Madras, in cjise a new Coiins of Herordernt Cliarter shall be granted by his Majesty, Ids heirs or successors, and shall be openlv i)ublished ■^''"''•"- .'"; r'l''"'" «" '^ ^ -^ ■' • ' ' I . I the a|t)>uintnu-nl of a at Madras, from and immediately after such publication, shall cease and deterniiue, and be Uecorder.&e. ifanexv absolutely void to all intents and purposes whatsoever ; and all powers and authorities granted si,ai"b[. void, mid Uic by the said Act of the thirty-seventh of his |)resent Majesty to the said Courts of the Recorder powers L-mnted by r.-- ■»f 1 .11 11 • 11 1 -11 1 -t,, 1 . ci'i''' .\>t of :t7 G. .S. at Alaaras, shall cease and determine, and be no longer exercised by tlie saiil Court, but the mav be exerrisni i>y same shall and may be exercised by the Supreme Court of Judicature to be erected by virtue """ •''"prenie Court. of this Act, in the manner and to the extent herein-before directed. Section (5 prescribes the salaries to be paid to tiie Chief Justice and Judges, but these are now regulated by (5 Geo. 4, cap. 85, sec. 1. \'II. And br it further enacted, tliat tlie said salaries shall commence and taki' place in Wiien iwlurin >hall respect to such persons who shall be resident in Great Britain at the time of their appoint- f""""""*' «''"•'• •''"» ' 1.11 ' • be 111 lieu III a'l per mcnt, upon and from the day on which such persons shall embark from (Jreat Britain, (1) iuid ipiinite*. tliat the salaries of all such persons, who shall at the time of their appoinlment bi' resident in India, shall commence and take place from and after their respectively taking upon them the execution of their ofTice as aforesaid ; and that all such sidaries shall be in lieu of all fees of oflice, pertpiisites, emoluments, and advantages whatsoever, and that no fees of office, peniui- sites, emoluments, or advantages whatsoever .shall be accepted, received, or taken in any man- ner, or on any account or pretence whatsoever, other than such salaries and .lilow.uice' as are in and by this Act directed to l)e paid. 136 [39&40GEO. III. Cap.79. (1) [Salaries now commence in all cases from the period of entering upon office. Vide 53 Geo. 3, cap. 155, sec. 89.] The salaries of tlic IX. Provided always, and be it hereby further enacted, that when eitlier of tlie Judges of Judges of the Supreme ^],^ Supreme Court of Judicature at Fort William, or of the Supreme Court of Judicature Courts, and of the Re- l ' ^ corder of Bombay, to which his IMajestv is hereby empowered to erect at Madras, or the Recorder of Boml;ay (1), lTdia°" '^ leaving ^j^^jj j.^speetively leave India, the salary now payable, or which may become payable under and by virtue of this Act, to any such Judge or Recorder respectively, shall cease and be no longer paid ; any thing herein or in any former Act or Acts contained to the contrai'y thereof in anywise notwitlistanding. (1) [There is now no Recorder of Bombay, a Supreme Court, resem- bling those previously erected at Fort William and Fort St. George, having been established at Bombay, under 4 Geo. 4, cap. 71.] If the Govenior-ge- XII. And be it further enacted, tliat if the Governor-general of Fort AVilliam in Bengal neral of Fort \Villiam ^ j| ^- j^^j^ y^. j],^ Governor of the said Presidency of Fort Saint George, and of the or the Governor of . . * . . •' . . " Fort St. George, or of said Presidency and island of Bombay respectively for the time being, shall happen to be lus"hiteniU-d absence al^sent from any Council to be assembled for the said respective Presidencies of Fort William from the Council, the and Fort Saint George, and the said Presidency and island of Bombay, owing to indisposi- senior member present . , , i i ii " . •/. i i • • " i i i'' i shall preside ; but no tion or any other cause whatsoever, and shall signily such his mtended absence to such act oi such Council Council SO to be assembled, then and in every such case the senior member for the time being shall be valid, unless , , ,, , i ^, -i i i i , ,i . i i ^ -i • i signed by the Gover- who shall be present at the Louncii so assembled, shall preside at such Council, in sucli jior-geiieral. or Gover- ujanner, and with such full powers and authorities, during the time that such Council shall nor respectively, if re- _ ' '■ . sident at the Presiden- continue to be assembled, as such Governor-general or Governor might or would have had in by indispo°s'it'i'o"'^ and *^'^*^ ^"'^'^ Governor-general or Governor were himself actually present at such Council : if not so prevented, provided nevertheless, that no act of any Council so held .shall be valid to any effect what- sign, he, and the mem- soever, unless the same shall be signed by such Governor-general or Governor respectively, if bers who shall have 5^,]^ Governor-general or Governor shall at the time be resident at the Presidency at whicii communicate the such Council shall be so assembled, and shall not be prevented by such indisposition from grounds of their opi- sicrnins the same: provided always, that in case such Governor- general or Governor, not nions as directed byi^^ '.-. '^ recited Act of .3'{ G. 3, being SO prevented as aforesaid, shall decline or refuse to sign such act of Council, he and prtsent''cli-^eiit "vom t''*^ several ^Members of the Council who shall have signed the same, shall mutually exchange the Council. with and communicate in writing to each other the grounds and reasons of their respective opinions, in like manner and subject to such regulations and ultimate responsibility of such Governor-general or Governor respectively, as are by the said Act, passed in the thirty-third The Governoi-gene- year of the reign of his present Majesty, (1) provided and directed, in cases where such Go- ral, when absent, may yernor-general or Governor respectively shall, when present, dissent from any measure pro- nominate a \ ice-presi- c' I J 1111 i-i- • ^ deut and Depmygo- poscd or agitated in such Council respectively : provided also, that nothnig herein contained veriiorofFort\Villiam. ^i^^j^ ^^ ^^-^^^^ ^^. construed to prevent such Governor-general, in case he shall be absent from his oAvn Government of Bengal, to nominate a Vice-president and Deputy-governor of Fort William, according to the provision for that purpose in the said Act passed in the thirty-third year of his present Slajesty. (^l) (1) [33 Geo. 3, cap. 52, sees. 47 to 51. See also 3 8c 4 Wm. 4, cap. 85, sec. 49.] 39& 40 Geo. III. Cap. 79.] 137 (2) [33 Geo. 3, cap. 52, sec. 53. See also 3 & 4 Wm. 4, cap. 85, sec. 69 and 70.] XVII. And whereas great inconveniences have resulted from tlie nianner in whieii tiie The c;ovi-rnor-ge- Courts of llcciuests for tlie recovery of small debts in the respective settlements of Fort Wil- Vf"'' .!'.".''■ ''""™''' '^ . , • 1 1 • 1 p J. 1 1 1 ■ 1 ,1 '■"'■' \V'l'ian>. and the ham and Fort Saint George are constituted ; be it therefore further enacted, that it shall and fiovcmor ami Counoil maybe lawful to and for the Governor-general and Council of Fort AVilliam, and for the "f }•"<'« St. George, may J '^ ' unlet III \vn;it niiiiiner Governor and Council of Fort Saint George (1) aforesaid, for the time being resjx'ctively, to the ("onrts of Kequests order and appoint in what manner the said Courts respectively shall in future Informed, and formeJ, and to\vtmt to what amount in value, not exceedinir tlie sum of four hundred sicca rupees, the iurisdic- •■i"ic»i"t the jnrisdic- ,. , 111.1 1 ' ,. 11 1 1 1 1 ' 1 tion stmll fxteiid, &c. tion oi the same shall extend, and to frame and make such new rules and orders, and to establish and declare such new modes anil forms of proceeding, as to them shall appear to be necessary and expedient for new-modelling, altering, and reforming tlie present cunstitution and practice of the said Courts respectively, and by their proclamation, to be made and pulj- lished in due form of law, to declare and notifv to all persons concerned, such new constitu- tion, rules, orders, modes, and forms of proceeding, and the time from whence they are to have force and effect ; and from and after such time as shall be so respectively notified for that purpose, the jirescnt Courts of lleijuests, as well as the rules, orders, modes, and forms of proceeding which are now used anil observed therein, shall be abolislied and cease, and tlienceforth the new Coiu-t, rules, orders, modes, and forms of proceeding which the .-iaid Governor-general and Council are .uithorized and empowered, under and by virtue of this Act, to make and publisii, .--Iiall be in full force and ed'ect ; any former Act or Acts to the contrary thereof in anywise notwithstanding. (1) [Tlie Government of Fort St. George has no longer any legis- lative power in ordinary circum.stanccs. J^idc 3 ^: 4 W'ni. 4. ciip. 85, sec. 59.] XVIII. And whereas the powers given by tiie .\et of the thirteenth year of his present nic Govcmor-Rp- Maiesty to the Governor-general and Council of the said United Com|)anv's settlement at "'■"'' '""' •'""'"ii »' ,, ' ,,,.,,. i- • I ^ !• 11 i- 1 1 1- 1 • '""■■' William mav or- l"ort \v illiam aioresaid, to eniorce the observance oi sucli rules, orilinances, or regulations, dcr curponil imiilsli. for the subordinate to or to be subordinate thereto, as they are thereby authorized to make, by set- thority c.f the recited ting, imposing, and levying reasonable Hues and forfeitures for the breach or non-observance ■^'^' "' '•"'•■*• of such rules, ordinances, and regulations, have not been found sufficient for the preservation of good order in the said settlement; be it therefore enacted, that it siiall and may be lawful to and for the .said (iovernor-general and Council for the time being, in addition to, or instead of, such fines and forfeitures as above mentioned, to order or aiijioint sucii moderate and reasonable corporal ])unisiiment, liy |)ul)lie or ])rivate whipping, or otherwise, as to iluin shall seem fit and ex|)edient, for the lireaeh or non-observance of anv sucii rides heretol'ore made, or hereafter to i)e by them made, by virtue of tlie authority heri'in-befort' recited, sub- ject nevertheless to such registry, (1) publication, approbation, power of apjieal, and other regulations, as in and by the sju'd recited Act, passid in the thirttvntli year of his jiresi-nl Majesty, arc prescribed and provided touching tlie rules, ordinances, regulations, fines, and forfeitures therein and lu'rcin-before mentioned. (I) [By 3 & 4 Wni. 4, cap. 85, sec. 45, no rc'gislf\ or |)iil)lii;iti()ii in any Court of Justice is necessary.] 138 [39 & 40 Geo. III. Cap. 79. No corporal punish- XIX. Provided always, and be it further enacted, that no such corporal punishment shall in except on conviction ment to be ordered, j,^ ^^^y ^^gg (jg ordered to be inflicted, except only in case of due conviction of the offender reviewed. before two Justices. before two (1) Justices of the Peace acting in and for the said settlement, presidencies, and places thereto subordinate, which offence such two (1) Justices of the Peace are herebv autho- rized and empowered to hear and determine, and to order such punishment upon conviction No conviction to be as aforesaid : provided also, that no such conviction, judgment, or order, shall be reviewed or brouglit into any superior Court by writ of certiorari or appeal, or any other process whatsoever; any thing in any former Act or Acts to the contrary thereof in anywise not- withstanding. (1) [Vide Acts of Government of India, Nos. 4 of 1835, and 32 of 1838, in Appendix.] From ilarchi, 1801, the power of tiie Su- preme Court of Judi- cature of Fort ^Villiam shall extend over the province of Benares, and all places subordi- nate thereto, and all districts hereafter an- nexed to the Presi- dency. XX. -A.nd whereas the province or district of Benares has been ceded to the said United Company, and been annexed to the said Presidency of Fort William in Bengal, since the establishment of the said Supreme Court of Judicature at Fort William aforesaid, and it is expedient that the same should be subject to the jurisdiction of tlie said Court, in like manner as the kingdoms or provinces of Bengal, Bahar, and Orissa ; and that the said province or district, and all other provinces or districts, which may hereafter be at any time annexed and made subject to the said Presidency, should l)e subject to such regulations as the Governor- general and Council of Fort William aforesaid have framed or may frame for the better admi- nistration of justice among tlie native inhabitants and others within the same respectively ; be it therefore further enacted, that, from and after the first day of March which will be in the year of our Lord one thousand eight hundred and one, the power and authority of the said Supreme Court of Judicature in and for the said Presidency of Fort W^illiam aforesaid, as now and by virtue of this Act established, and all such j-egulations as have been or may be hereafter, according to the powers and authorities, and subject to the provisions and restric- tions before enacted, framed, and provided, shall extend to and over the said province or dis- trict of Benares, and to and over all the factories, districts, and places, which now are or hereafter shall be made subordinate thereto, and to and over all such provinces and districts as may at any time hereafter be annexed and made subject to the said Presidency of Fort ^Villiani aforesaid. From March 1. 1801. whenever any British subject shall die with- in either of the Presi- dencies or subordinate territories, and no next of kin or creditor shall appear, the register of the EcclesiasticalCourt shall apply for letters of administration, and shall collect the assets of the deceased, and bring them into Co\nt, and account for ilicni. XXI. And whereas gretit inconveniences have arisen from the practice of granting letters of administration by tlie said Supreme Court of Judicature at Fort William aforesaid, in cases where the next of kin, or any of the creditors of the deceased, do not apply for the same, to persons calling themselves friends of the deceased ; be it therefore fin-ther enacted, that, from and after tlie first day of Mai-ch wliicli will be in the year of our Lord one thou- sand eight hundred and one, whenever any British subject shall die intestate within either of the Presidencies of Fort William, Fort St. George, or Bombay, or the territories subordinate to either of the said Presidencies, or to become subordinate thereto, and on return of the cita- tion to be issued from the proper Ecclesiastical Court, no next of kin or creditor shall appear and make out their claim to the administration of the effects of the intestate deceased to the satisfaction of the said Court, it shall and may be lawful for the register of such Court re- spectively, and he is hereby required, to applv for, and such Court is hereby required and directed to grant such letters ad colligendu or of administration, as to such Coiu-t sliail seem meet, by virtue whereof such register shall collect the assets of the deceased, and shall bring tliein for safe custody into such Court, and account for tliem regularly, in like manner as is 39&40GF.O. III. Cap. 79.] 139 HOW by law provided in cases where assets are vested in the hands of any officer of the Court, under or l)v virtue of tiie equitable jurisdiction of any siiili Court. (1) (1) [Tlie 55 Geo. 3, cap. 84, sec. 2, provides lor granting adminis- tration to attorn ies ol" absent executors, administrators, or persons en- titled to administration in preference to the register.] XXII. Provided always, and be it further enacted, that when any next of kin or creditor, %viicnaiiynextof kin who, at the time of the return of the above citation, shall have been absent in Eurojjc or hav"t^on'ab"nl 'h^l elsewhere, shall make and e>;tablibh their claim to the administration of the assets of such make out liis ciuim. ihc intestate, the letters ad colligenda or of administration, granted by virtue of this Act to the tkm"'to* the '"register said register, shall be recalled, and administration in due form jTranted to such next of kin or *'"'" *" '"t'calied, and ,. '' • 1 /i \ letters crantcd to tlic creditor respectively. (1) cluimam. (1) [The 55 Geo. 3, cap. 84, sec. 3, directs the revocation of letters of administration granted to the register, on the application of ap- pointed attornies, where no unreasonable delay takes place. Tiie same Act (sec. 5) provides for the keeping, inspection, and pub- lication of accounts of estates to which the register has administered.] Section -2.3 provides for extending to insolvent debtors in India the relief intended by 32 Geo. 2, cap. 28, commonly called the Lords' Act, but by 1 & 2 Vic. cap. 110, sec. 119, no prisoner for debt is to [)etition anv Court for his discharjfe under the Lords' Act, nor is anv creditor to petition any Court for the exercise of the compulsory powers of that Act against debtors. Section 24 ratifies any rules and orders previ- ouslv made by the Court for the relief of in.solvents, and confirms the acts done under them. XXV. And whereas it may be expedient for his ^lajesty, his heirs or successors, t(» issue a ni» Miijemy nmy »p. Commission from his Iligii Court of Admiralty in England, for the trial and adjudication of [oTJarrymriml""!" prize causes, and other maritime (piestions arising in India ; be it therefore further enaeteil, tliat cuiion h ron.miotion it shall and may be lawful for his Majesty, his heirs and successors, to nominate and appoint cntion or ■pru'c cnuwt". all or any of the Judges of the Supreme ("ourt of .ludicature at Fort AN'illiam aforesjiid, or '^'^ '" ''"'•»• of the Supreme Court of Judicature to be erected as aforesaiil at Madras, or the Court of the Recorder at IJombay, eitiier alone or jointly wiih any other |x;rsons to be namiHl in such Com- mission, to be Commissioners for the ])in'|K)se of carrying such Commission so to be issued as aforesaid into execution : any Act or Acts to tiie contrary tiien-of in anywise notwillislaiiding. l8 140 [42 Geo. III. Cap. 85. 42 GEORGII III. Cap. LXXXV. An A.CT: for the Trying (u/d Puiiisltiiig in Great Britain Persons holding public Employments, for Offences committed Abroad ; and for extending the Provisions of an Act, passed in the tiventy first year of the reign of King James, made for the ease of Justices and others in pleading in Suits brought against them, to all Persons, either in or out of this Kingdom, authorized to commit to safe custody. [22dJune, 1802.] Whereas persons holding and exercising public employments out of Great Britain often escape punishment for offences committed by them, for want of Courts liaving a sufficient jurisdiction, in or by reason of their departing from the country or place where such offences have been committed, and that such persons cannot be tried in Great Britain for such offences as tlie law now stands, inasmuch as sucli offences cannot be laid to have been committed within tlie body of anv county : and whereas it is therefore expedient that sucli and the like ll&I2Wm. 3, c. 12. provisions as are contained in an Act passed in the eleventh and twelfth years of the reign of liis late Majesty King William the Third, intituled, " An Act to punish Governors of Plan- tations of tliis Kingdom for Crimes by them committed in tiie Plantations,"" and in an Act 13 G. 3, c. 63. passed in the thirteenth year of the reign of his present Majesty, intituled, " An Act for establishing certain Regulations for the better Manaffement of the Affairs of the East-India OCT O Company, as well in India as in Europe,'" and in an Act passed in the twenty-fourth year of -24 G.3, c. 25. the reign of his present ^Majesty, intituled, " An Act for the better Regulation and Manage- ment of the Affairs of the East-India Company, and of "the British Possessions in India, and for establishing a Court of Judicature for the more speedy and effectual trial of Persons accused of Offences committed in the East- Indies,''"' should be extended and applied to the punishment of such offenders : may it therefore please your Majesty that it may be enacted, and be it enacted by tlie King's most excellent Majesty, by and witli the advice and consent of tlie Lords spiritual and temporal, and Conunons, in this present Parliament assembled, and OiVencus committed by the authority of the same, that, from and after tlie passing of this Act, if any person in any 7)'uWicTei°m4 ^^''^° "°^' ^*' °^' lieretofore has been, or shall hereafter be employed by or in the service of iiis abiuaU niav be prose- Maiestv, his heirs or successors, in any civil or military station, office, or capacity out of cutcil m the fonit of „'.;,. . i u i ,. , ,",,,, . , i i i i King's Bench in Eiig- Great Britam, or shall heretofore have had, held, or exercised, or now has, holds, or exercises, in MiddiesT^ '^d ''f '" *'''^'' liereafter have, hold, or exercise any public station, office, capacity, or employment, offenders pnnisiied as out of Great Britain, shall have committed, or shall commit, or shall have heretofore been, or cmnnd«elnn*Engh,mi! '*' "^' ^'^'^^^ hereafter be guilty of any crime, misdemeanour, or offence, in the execution, or under colour, or in tlie exercise of any such station, office, capacity, or employment as afore- said, every such crime, offence, or misdemeanour may be jMOsecuted or inquired of, and heard and determined in Iiis Majesty's Court of King's Bencii here in England, eitlier upon an information exhibited by his Majesty"s Attoi-ney-general, or upon an indictment found, in wjiich information or indictment such crime, offence, or misdemeanour may be laid and charged to iiave been committed in the county of Middlesex, and all such jiersons so offend- ing, and also all persons tried under any of the provisions of the said recited Act, passed in the reign of King William as aforesaid, or this Act, or either of them, for any offence, crime, or misdemeanour, and not having been before tried for the same out of Great Britain, shall, on conviction, be hable to such punishment as mav, by any law or laws now in force, or any 42 Geo. III. Cap. 85.] 141 Act or Acts that may hereafter be passed, 1)l' iiiHicted for any such crime, misilemeanor, or otti'iice committed in England, and shall also be liable, at the discretion of his Majesty's Court of King's Iknich, to be adjudged to be incapable of serving his Majesty in any station, office, or capacity, civil or military, or of jiolding or exercising any public emplovniciit whatever. II. And be it further enacted, tliat in all eases of indietnients found or informations exiii- Tlic Court of King's luted under and by virtue of tliis Act, it shall be lawful for liis .Majesty's said Court of King's "'"'''• "" """'""r J -' o inuy auuru a writ 01 Bench, upon motion to be made, and sudi notice thereof as to the said Court of King's Bench mamlamiLs to any may appear to be sufficient, hy or on behalf of his Majesty's Attorney-general or otiier prose- „ °"^n. (jowm'or, &c. culor, or of the defendant or defendants, to award at the discretion of the said Court a writ "' "" lomitiy Hhrn- _ , /-,< ■ I- T • 1 T 1 j-.i • p T • 1 T 1 t'"^ otTcnce whs com- er writs ai mandfimus to any C luei .justice and Judges, or any Lhiet .Justice or otiier .Judge, niitted, to obtain proob singly for the time beins> of any Court or Courts of Judicature in tiie country or island, or ?f t'li' '"at'pfs clxuKw* near to tiie place wiiere the crime, offence, or misdemeanor shall be charged in such indictment which shall In- done by or information to have been committed, or to any Governor or Lieutenant-governor, or other Ji',e''Jmo luaii'^e t™?s- person having any chief authority in such country, island, or place, or to any otiier person or mitted to the Court of . ,. ", , " . 1^,1 • ] /~. 1 i- !-• ' H 1 King's Rench, and ad- persons residing there, as the case may require, anil as to tlie said Court oi King s bench may, „,ji,°,i „„ ,1,4. trial, &c. under all the circumstances of the case, seem most expedient, for the purpose of obtaining aiitl receiving proofs concerning the matters charged in any such indictment or information ; and the person or persons to whom such writ or writs shall be directed and sent, are hereby resjx'c- tively authorized and required to hold a Court, Session, or Meeting, with all convenient speed, for the examination of witnesses and receiving other jiroofs concerning tlic matters charged in such indictment or information respectively ; and in the mean time to cause public notice to be given of the holding the said Court, Session, or Meeting, and to issue sucli summons or otiier process as may be requisite for the attendance of witnesses, and to adjourn from time to time as occasion may require; and such examination or examinations shall be tlien ami there openly and |)ublicly taken, viva voce, in the said Court, Session, or Mt»eting, upon questions put by any such prosecutor or prosecutors, defendant or defendants, or any agent or agents, jierson or persons 011 behalf of tjie said Attorney-general or other prosecutor or prosecutors, anil defend- ant or defendants respectively, if any such shall attend for that purpose, and by the Court, person or persons to whom such writ sliall be directed and sent as aforesaid, upon the respec- tive oaths of witnesses, and tiie oatiis of .^kilfld interpreters if necessary, administered aeeording to tlie forms of their several religions, and sliall, by some ollleer or jierson sworn for tliat purpose, be reduced into writing on parchment or paper; and in case any ilui)licate or dupli- cates shall be reiiuired bv or on lieiialf of the pi'osecutor, or tlie defendant or delendants re- spectively, into two or more writings on parciinunt or jiaper, as the case may reipiire; ami sucii examination or examinations shall be sent to his ^Majesty in his Court of King's Ikiicii closed up, and under tiie .seal or seals of tiie person or i)erM)ns iiefore wliom s.;;-h e>. '.minatioii or examinations as aforesaid shall have been taken ; and the |)erM)n or persons taking sucii ex- amination or examinations as aforesaid sliall deliver the .same to any |)erson or persons appointed by the said Court of King's Bench to receive tiie same, or sliall transmit the same in such man- ner as the said Court of King's Bench shall direct ; and all such examinations shall, with all convenient speed, be delivered to one of the clerks in Court of his Majesty's Court of King's Bench, in the Crown Ollice of the said Court, for the safe custody thereof; and e\iry clerk in the said Court of King's Bench, to whom any examination or uxaniinntions shall be deli- vered, is hereby authori/.ed to administer an oath to the person delivering the same to him, in such form as the said Court of King's Bench shall direct; and such examination or examina- tions .shall be allowed and read iqion the trial of any such indictment, or information, or any 142 [42 Geo. III. Cap. 85. other subsequent proceeding thereon or relating thereto, and shall be deemed as good and com- petent evidence as if the witness or witnesses, whose examination or examinations shall be so read, liad been present, and sworn, and examined viva voce, at such trial, any law or usage to the contrary notwithstanding, saving all just exceptions to be taken to any such examina- tion or examinations or any part thereof wlien the same shall be offered io be read as afore- said ; and all persons concerned shall be entitled to take copies of such examinations in the custody of such clerk in Court at their own cost and charges. Court of King's III. And be it further enacted, that it shall also be lawful for the said Court of King's eMtninaUon °de^^ bene I^^"ch upon motion to be made, and such notice thereof as aforesaid, by or on behalf of his esse, in cases wliere jMajesty^s Attorney-general, or other prosecutor, or defendant or defendants in any such in- not be had. ' dictment or information, to order an examination de hene esse of witnesses upon interrogato- ries, in any case where the viva voce testimony of such witnesses cannot conveniently be liad, to be taken before an examiner to be appointed by the said Court, and tlie depositions taken upon such interrogatories shall be afterwards admitted to be read in evidence upon the trial of such indictment or information, or in any other subsequent proceeding thereon or relating thereto, and shall be deemed good and sufficient evidence in the law, saving all just exceptions to be taken to such depositions when the same shall be offered to be read as aforesaid. Persons to wliom IV. And be it further enacted, tliaf it sliall be lawful for any person or persons to whom such writs of )naH n- j^ ^^.j.jj. ^^. ^^.^j^g ^f numdamus shall be directed or order sent as afoi-esaid ; and in case mus shall be directed, J shall do all things ne- the same shall be directed or sent to more than one person, for so many of them as shall for tliat cution^thereo'f by^com- purpose be appointed by the said writ, or required by the said order, and who shall act in the pelling the iippcarance execution thereof ; and such person and persons is and are hereby respectively authorized and w^tness'esf &c.' " '^ " required to administer all oaths' required to be taken under any of the provisions of this Act, or necessary for the due execution of any such writ or order, or any act, matter, or thing relating thereto, and to examine upon oath all persons wiiom lie or they find occasion to sum- mon, and all other persons whom he or they shall think fit to examine, touching all matters and things necessary for the due execution of any such \^■rit or order as aforesaid : and such person and persons respectively, to whom such writ shall be directed, or order sent as afore- said, or so many of them as shall in tliat behalf be appointed, and shall act in the execution thereof as aforesaid, shall have full power and authority to compel the appearance and giving evidence of any witness u)5on any such writ or order, and to issue special summons, or other process for that purpose, and may proceed upon such summons, or other process, by impri- sonment of tlie body of any person refusing to appear or give evidence, in like manner as any Court or Courts of Record within this kingdom, having competent authority for that purpose, may proceed against any person or persons for any contempt committed against the authority of any sudi Court. Persons giving false V. And be it further enacted, that in case any person or persons in the course of his, her, evidence shnii he sub- q^. ji^gij. examination upon oath, under and by virtue of the said recited Act of the twenty- ject to the pains in- ... . . . . flicted lor perjury. fourth year of his [present Majesty, or this Act, .sliall wilfully and corruptly give false evi- dence, such person oi- persons so offending, and being thereof duly convicted, shall be, and is and are hereby declared to be, subject and liable to such pains and penalties, as persons guilty of wilful and corrupt perjury shall be liable to by any law or laws then in force in the kingdom, island, or j)lace where such false evidence shall have been given as aforesaid. VI. And whereas it is expedient to extend the provisions of an Act, passed in the twent}-- 21 Jac. 1, c. 12. first year of the reign of his JNlajesty King James the First, intituled, " An Act to enlarge 43Gi;o.III. Cap. 69.] 143 and make perpetual the Act made for ease in pleading against troublesome and contentious Suits prosecuted against .Justices of the Peace, Mayors, Constables, and certain other his ^Majesty's officers, for the lawful Execution of their Office, made in the seventh year of his Majesty's most happy reign," to all persons who may by law commit to safe custody, either in or out of this kingdom ; be it therefore enacted, tiiat, from and after the passing of Recited Act shall this Act, the said recited Act, and all the provisions tlicrein contained shall extend, and be "g""pubiir*emi!i"'l deemed, taken, and construed to extend to all persons having, holding, or exercising, or being '»t'"ti an'ign, intituled, " An Act to enable the East-India Company to raise Money by further increa.sing their S7 c. •;, c.3l. Capital Stock ; and to extend the Provisions now existing res|)ecting the present Stock of the Company to the said increased Stock;" the said United Company were authori/eii and empowered to raise money by enlarging their then ))resent capital stock or fund of six millions of pounds, to any sum or sums not exceeding the further sum of two millions capital stock, so that their whole ca])ital stock should not exceed the capital sum of lighl u 2 148 [47 Geo. III. Sess. 2, Cap. 68. millions; but the said United Company have not yet enlarged their capital stock under and by virtue of the powers contained in the said last-mentioned Act : and whereas it is expe- dient that the said Company should be permitted to increase their bond debt by a further sum, not exceeding two miUions sterling, as circumstances may require, instead of increasing their capital stock : may it therefore please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that it shall and may be lawful to and for the said Company by Conipanymay borrow and with the approbation and consent of the Board of Commissioners for the affairs of India any furtlicr sum not £^^. ^j^^ j.j|^^g being, at any time or times hereafter, to borrow, upon bonds to be issued under tlieir common seal, any further sum or sums of money, not exceeding in the whole the sum of two millions sterling, over and above such sum and sums as the said Company can now lawfully raise on their bonds, and to apply the money so to be borrowed and raised for such purposes as, imder and by virtue of the said Act of the thirty-seventh year of his said Majesty's reign, the money to be raised by enlarging the capital stock of the said Company is applicable ; anything contained in the said recited Act, or in any other Act notwith- standing. Act to be deemed a ju. And be it further enacted, that tliis Act shall be deemed and taken to be a public Act, public Act. ^^^^ ^j^^jj ^^ judicially taken notice of as such by all judges, justices, and others, without being specially pleaded. The amount of the bond-debt has been fluctuating. A statement of the particulars of its origin, progress, and variations, will be found in the note on 34 Geo. 3, cap. 41. 47 GEORGII III. Sess. 2. Cap. LXVIII. An Act for the belter Government of the Settlements of Fort Saint George and Bombay ; for the Regulation of Public Banks ; and for amending so much of an Act, passed in the thirty-third year of his present Majesty, as relates to the Periods at ichich the Civil Servants of the East-India Company may be em- ployed in their service Abroad. [\3lh August, 1807.] Governors and .Mem- IV. And be it furtliev enacted, that the Governor and Members of the Council for the bers of tlie touncii at time beinfj of Fort Saiiit George, and the Governor and Members of the Council for the jlauras and Bombay '^ . may act as Jiisiices of time being of Bombay respectively, shall and may, and they are hereby respectively declared to be, and to have full power and authority to act as Justices of the Peace for the said towns of Madras and Bombay respectively, and for the several settlements and factories subordinate thereto respectively, and to do and transact all matters and things which to the office of a Justice or Justices of the Peace do belong and appertain ; and for that purpose the said Governor and Council of Fort Saint George, and the said Governor and Council of Bombay, are hereby respectively authorized and empowered to hold Quarter Sessions within the said tlie Peace fur the said towns 47GEO.Iir. Sess.2, Cap. 68.] 149 settlements of Fort Saint George and Bombay aforesaid respectively, four times in every year, ami tlie same shall respectively be, at all times, Courts of Record. v. And be it further enacted, tliat it siiall and may be lawfid to and for the Governor in and issue commissionB Council of Fort Saint George, and the Governor in Council of Bombay respectively, for the J°\'ll'ri"es fubordU time being, by commissions to be from time to time issued under the seals of the Supreme "^ti-' thureto. Court of Judicature of Fort Saint George, and the Court of tlic Recorder of Bombay respect- ively, in the name of the King's Majesty, his heirs and successors, such commissions as shall be issued under the seal of the Supreme Court of Judicature of Fort Saint George, to be tested in tiie name of the Chief Justice of the said Court, and such commissions as shall be issued under the seal of the Court of the Recorder of Bombay, to be tested in the name of the Recorder of the said Court (which said commissions tlie said Supreme Court of Judica- ture at Fort Saint George and the said Court of tlie Recorder at IJombay, are hereby re- spectively authorized and required from time to time, by any order or warrant from the said Governor in Council of Fort Saint George and Bombay respectively, to issue accordingly) to nominate and ap])oint sucli and so many of the covenanted servants of the said Company, or other British inhabitants, as the said Governor in Council of Fort Saint George, and the said Governor in Council of Bombay respectively, shall think properly qualified to act as Justices of the Peace within and for the said provinces and presidencies, and places thereto subordinate respectively ; and such persons shall, according to the tenor of the respective com- missions wlierein they sliull be so nominated and appointed, and by virtue tliereof, and of this Act, have full power and autliority to act as Justices of the Peace, according to tiie tenor of the said commissions wherein they shall be respectively named, in and for the provinces and presidencies aforesaid, and places subordinate thereto respectively ; and the said Supreme Court of Judicature at Fort Saint Gcxjrge, and the Court of the Recorder of Bombay respectively, upon any requisition in writing from the said Governor in Council of Fort Saint George and Governor in Council of Bombay respectively, shall and may from time to time supersede such commissions, and upon like requisitions issue new conunissions for the purposes aforesaid, unto the same or such other of the covenanted servants of the said Company, or other British inhabitants, as shall from time to time be so nominated by tiie said Governor in Council of Fort Saint George, and Governor in Council of Bombay respectively, in that behalf, all which commissions shall be filed of record in the respective Courts of Oyer and Terminer of tiie province, presidency, or jilace, wherein for whicli tlie same shall lie issued as aforesaid ; and all sucii Justices of the Peace and their proceedings shall be subject and liable to such rules, regulations, and restrictions, as imder or by virtue of any Act or Acts of Parliament now in force, tlie Justices of the Peace to be appointed by the Governor-general in Council of Fort ^Vi!liam aforesaid and their proceedings are or niav be sibject or liable to. \'I. And be it further enacted, tliat from and after the first day of March, one thousand Kopcal of pn.vision tight hundred and eight, so much of tiie Act passed in tlie thirty-tiiird vear of the reign of enubiinr tin' Governor' his present Majesty, intitidcd, " An Act for continuing in the I'^ast-India Company for a kp"*'"' ii '""'''i "t p .1 1 A It • £• .1 11 ■ • 1 »n • ■ • X !• 1 • 1 I - 'i • ''<"■' VViliiiini til np- lurtiicr term the 1 ossession ot the Hritish J erntories m India, together v.ith their exclusive |,„j„t .iii»ii,is ur ilu- 'J' rade, under certain Limitations; for estal)li>]iin'r furtlier Regulations for the Government of ''''•''•"'^•"•■"■•i :.; Xa.- tile said 1 erntories, and the better Administration of Justice within (lie same; for approjin- atiiig to certain T'scs tlie Revenues and Profits of the said Company, and for making Provision for tiic good Order and Government of the Towns of Calcutta, Madras, and Bomliay," as autliorizes the Governor-general in Council of Fort AVilliani in B.'iigal to nomin.ite and 150 [47 Geo. III. Sess. 2, Cap. 68. appoint any person or persons to be or act as Justices of the Peace within and for any of the provinces, presidencies, or places, subordinate to the said Governor in Council of Fort Saint George, and Governor in Council of Bombay respectively, or to supersede any commissions of the peace, shall be and is hereby repealed : provided always, that such repeal shall in nowise prejudice or affect the authority of any person or persons theretofore appointed by the said Governor-general in Council of Fort William, to be and act as Justices of the Peace within and for any of the provinces, presidencies, or places subordinate to the said Governor in Council of Fort Saint George, and Governor in Council of Bombay respectively, until the commissions to such persons shall be superseded by the Governor in Council of Fort Saint George, or the Governor in Council of Bombay respectively. The seventh section relates to the periods of residence in India necessary to qualify for a given amount of salary ; but as these have been altered by subsequent regulations, the latter part of the section only is here retained. Yjj ***#**»* And whereas the said Company have lately established a College in England for the appro- priate education of young men designed for their civil service in India, and it will therefore be expedient that, under certain circumstances, the time spent by such young men in the said College, after they shall have attained the age of seventeen years, should entitle them to the same privileges as they would have been entitled to if they had been resident during such time Time not exceeding in India ; be it therefore enacted, that from and immediately after the passing of this Act all two years, spent in the ^^^^.]^ ^jj^^g ^ot exceeding two years, as shall be bona fide spent in the said College in the regu- College established in „ , i • " ^ • , i p- i in • i i England, shall be lar course of such education as aioresaid by any persons atter they snail respectively have at- deemed time spent in ^^g^jjjgj ^Y^Q ^gg Qf seventeen years, provided they shall bonajide spend, either before or after seventeen years of age, two years (1) at the least in the said College, in the regular course of such education, and shall afterwards go to India in the civil service of the said Company, shall be accounted, as to the offices, places, and employments, which such persons are entitled to be appointed to and to hold, as so much time actually spent in India; the said Act, or any other law or usage to the contrary thereof in anywise notwithstanding. (1) [By 10 Geo. 4, cap. 16, sec. 2, the time spent at College after seventeen, not exceeding two years, is to be accounted as spent in India without reference to the completion of two years collegiate residence.] The Governments in VIII. And whereas it may be expedient that public banks for the deposit and loan of 'ulluc baiiks th^ere''*'' D'^on^J' '''"'^ ^he negotiation of secur ies, and other purposes, should be established in the East-Indies, and that the individuals who may become members thereof should be incorpo- rated under and by the authority of the respective governments in the East-Indies ; but doubts have been entertained, whether the powers of those governments are competent to the estab- lishment of such banks within the local limits of the jurisdictions of the several Courts of Justice in India, which have been established by his IVIajesty's Charters ; and it is expedient that such doubts should be removed ; be it therefore enacted, and it is hereby enacted and declared, that it shall and may be lawful to and for the several Governments in the East- 48Geo. III. Cap. 106.] 151 Indies to establish such pubHc banks with perpetual succession, and such rights, privileges, franchises and immunities, as are incidental or are usually granted to corporations legally erected in that part of the United Kingdom of Great Britain and Ireland called England, and under and subject to such terms and conditions as they shall see fit ; and that the several persons who shall be so incorporated, and their heirs, executors, administrators, and assigns, shall have, hold, enjoy, and be entitled to all such rights, privileges, franchises, and im- munities, as well within as beyond the local limits of the Jurisdiction of the several Courts of Justice so established as aforesaid, according to the true intent and meaning of the several orders or Acts, by virtue of which any such banks or corporations shall be so estab- lished : provided always, that the establishment of any such banks or corporations shall not e valid or effectual, until they shall have received the approbation of the Court of Directors of the said Comjwny, subject to the control of the Board of Commissioners for the affairs of India for the time being. IX. And be it enacted, that it shall and may be lawful to and for all persons whomsoever, All persons in the in the service of the said Company, and for all the Judges of the several Courts of Justice may subscribe to them, in India, to subscribe to and become members of any such bank or corporation as aforesaid, and that it shall be lawful to and for any person or persons in the service of tlie said Com- pany, to be elected or appointed, or to become directors or managers thereof ; anything con- tained in the said Act of the thirty-third year of his present IMajesty's reign, or any other Act of Parliament to the contrary thereof in anywise notwithstanding. X. Provided always, and be it further enacted, that no Judge of any of the said Courts No .Tudge to be a of Justice in India, established by his Majesty's Charter shall be capable of being ^^"■*'^'°''- appointed to, or holding the office of the director or manager of any sucii bank or cor- poration. ^ XI. And be it further enacted, that this Act shall be deemed and taken to be a public TubUcVct. Act, and shall be judicially taken notice of as such, by all Judges, Justices, and others, with- out being specially pleaded. 48 GEORGII III. Cap. CVI. An Act to rciiiedi/ the Inconvenience which lias arisen, and may arise, from the E-vpiratinn of Acts, before the passing of Acts to contimie the satnc. [^151 h. June, 1808.] Whereas Bills for the continuing of Acts in force only for a limited time have sometimes not passed before tiie expiration of the Act intended to be continued : and great inconvenience may arise therefrom ; be it therefore enacted by the King's most excellent Majesty, l)y and with the advice and consent of the Lords spirituiJ and temporal, and Connnons, in this present Parliament assembled, and by the authority of the same, that where any Bill may have been or shall be introducetl into this present or any future session of I'arliament, for wiu'ii Dills for con- .1 . „ . ... , , . . , . ] I A . I II I liniiiiig f\i)iiiiig .Acts the contmuance ot any Act which would expn*c in such sessions, and such Act shall have j.|,„|| 1,,^ ^^^^ before expired before the Bill for continuing the same shall have received the royal assent, such 'l"' Acis expire, such 152 [49 Geo. III. Cap. 12G. Actssliallbecontinued continuing Act shall be deemed and taken to have effect from tlie date of the expiration of om leii expiration, jj^^ ^^,|. jntg^ded to be continued, as fully and effectually, to all intents and purposes, as if such continuing Act had actually passed before the expiration of such Act, except it shall be otherwise especially provided in such continuing Act : provided, nevertheless, that nothing herein contained shall extend, or be construed to extend, to affect any person or persons with any punishment, penalty, or forfeiture whatsoever, by reason of anything done or omitted to be done by any such person or jiersons contrary to tlie provisions of the Act so continued, between the expiration of the same and the date at which the Act continuing the same may have received or shall receive the royal assent. 49 GEORGII III. Cap. CXXVI. An Act /or t/ie further Prevention of the Sale and Brokerage of Offices. [20;// June, 1809.] 5 & G Ed G, c. IG. Whereas an Act passed in the fifth and sixth year of the reign of King Edward tiie Sixth, intituled, " Against buying and selling of Offices :" and whereas it was in and by tlie said Act enacted, amongst other things, that if any person or persons at any time thereafter bar- gained or sold any office or offices, or deputation of any office or offices, or any part or parcel of any of them, or received, had, or took any money, fee, reward, or any otiier jirofit, directly or indirectly, or took any promise, agreement, covenant, bond, or any assurance, to receive, or have any money, fee, reward, or other profit, directly or indirectly, for any office or offices, or for the deputation of any office or offices, or any part of any of them, or to the intent that any person should have, exercise, or enjoy any office or offices, or the deputation of any oflSce or offices, or any part of any of them, which office or offices, or any part or parcel of tlieni, should in anywise touch or concern the administration or execution of justice, or the receipt, controlment, or payment of any of the King's Highness's treasure, money, rent, revenue, account, aulnage, auditorsliip, or surveying of any of the King's iMajesty''s honours, cstles, manors, lands, tenements, woods, or hereditaments, or any of the King's iVIajesty's customs, or any other administration or necessary attendance to be had, done, or executed in any of tiie Kiiig''s Majesty's custom-house or houses, or the keeping of any of the King's Majesty's towns, castles, or fortresses, being used, occupied, or appointed for places of strength and defence, or which should concern or touch any clerkship to be occupied in any manner of Court of Record, wherein justice was to be ministered, that then all and every such person and persons that should so bargain or sell any of the said office or offices, deputation or depu- tations, or that should take any money, fee, reward, or profit for any of the said office or offices, deputation or deputations of any of the said offices, or any part of any of them, or that should take any promise, covenant, bond, or assurance for any money, reward, or profit to be given for any of the said office or offices, deputation or deputations of any of the said office or offices, or any part of any of them, should not only lose and forfeit all his and their right, interest, and estate which such person or persons should then have of", in, or to any of the said office or offices, deputation or deputations, or in any part of them, or of, in, or to the gift or nomination of any of the said office or offices, deputation or deputations, for the which oflfice or offices, or for the deputation or deputations of which offices, or for any 49 Geo. III. Cap. 12G.] 153 part of any of them, any sucli person or jjersons should so make any bargain or sale, or take or receive any sum of money, fee, rewaril,or profit, or any promise, covenant, or assurance to have or receive any fee, reward, money, or profit, but also that all and every such jjerson or persons that should give or pay any sum of money, reward, or fee, or should n)ake any promise, agreement, bond, or assurance for any of the said offices, or for tlie deputation or deputations of any of the said office or offices, or any part of any of them, should immedi- ately by and upon tiie same fee, money, or reward given or paid, or upon any such jiromise, covenant, bond, or agreement iiad or made for any fee, sum of money, or reward, to be paid as is aforesaid, be adjudged a disabled person in tiie law to all intents and ])urposes, to have, occupy, or enjoy the said office or offices, deputation or deputations, or any part of any of them, for the which such person or persons should so give or pay any sum of money, fee, or reward, or make any promise, covenant, bond, or other assurance, to give or pay any sum of money, fee, or reward ; and tiiat all and every such bargains, sales, promises, bonds, agree- ments, covenants, and assurances as before specified, should be void to and against him and them by whom any such bargain, sale, bond, promise, covenant, or assurance should be liad or made : and whereas it was in the said Act provided, that the said Act, or any thing therein contained, should not in anywise extend to any office or offices, whereof any person or persons was or should be fiefed of any estate of inheritance, nor to any office of parkership, or of the keeping of any park, house, manor, garden, chase, or forest, or to any of them : and wliereas it was by the said Act further provided, that if any person or persons did thereafter offend in any thing contrary to the tenor and effect of the said Act, yet tliat, not- witiistanding all judgments given, and all other act and acts executed or done by any sucii person or ])ersons so offending, by authority or colour of the office or dej)utation which ought to be forfeited, or not occupied or not enjoyed, by the person so offending, after the said offence .so by such person ccmimitted or done, anil l)efore such person so offending for tjie same offence should be removed from the exercise, administration, and occupation of the said office or deputation, should be and remain good and sufficient in law, to all intents, constructions, and purposes, in such like manner and form as the same would or ougiit to have remained and been if tiiis Act had never been had or made : and whereas it was by tlu' said Act further provided, tiiat the said Act or any tiling tiierein contained, should not in anywise extend, or be prejudicial or hurtful to any of the Chief Justices of the King's Courts, connnonly called tiic King's Bench or Connnon Pleas, or to any of the Justices of Assize, tiiat then were or thereafter should be, but that they and every of them might do in every behalf touching or concerning any office or offices to be given or granted by them or any of them, as they or any of them might liave done before the making of the said Act : lie it therefore declared and enacted by the King's most excellent Majesty, by and with tJie advice and consent of the Lords spiritual and temporal, and Commoiis, in this present Parliament assembled, and Iiy the authority of the same, that from and after the passing of tiiis .\ct, the said Act and all I'rovisionsof 6 & (i the provisions therein contained shall extend, and be construed to extend, to Scotland anil ,,',' otlicr ortirct'^'*" "^^ Ireland, and to all offices in the gift of the Crown, or of any office aj)])ointeil by the Crown, and all commissions, civil, naval or military, and to all places and einployments, • -id to all deputations to any such offices, commissions, places, or employments in the ropectivc departments or offices, or under the appointment or superintendence and iiiutiol cl'tlu' Lord High Treasurer or Commissioners of the Treasury, the Secretary of Slate, tiie J.ords Com- missioners for executing the office of I^ord High Admiral, the IVIaster-general and priniipal officers of his Majesty's Ordnance, tlie Conmiandii-in-cliicf", the Secretary at War, the Pay- master-general of his IVIajesty's l'"orces, tiie Commissioners for tiie affairs of India, the Com- missioners of the Excise, tiie Treasurer of the Navy, the Conmiissioners of the Navy, the X 154 [49 Geo. III. Cap. 126. Commissioners for Victualling, the Commissioners of Transports, the Commissary-general, the Storekeeper-general, and also the principal officers of any other public department or office of his Majesty's Government in any part of tlie United Kingdom, or in any of his IVfajesty's dominions, colonies, or plantations which now belong or may hereafter belong to his Majesty, and also to all offices, commissions, places, and employments belonging to or under the appoint- ment or control of tlie United Company of IVIerchants of England trading to the East-Indies, in as full and ample a manner as if the provisions of the said Act were repeated as to all such offices, commissions, places, and employments, and made part of this Act ; and the said Act and tliis Act, and all the clauses and provisions therein respectively contained, shall be con- strued as one Act, as if the same had been herein repeated and re-enacted. When right of ap- II. Provided always, and be it further enacted, tliat where the right, estate, or interest of goTo'hirMajefty.'*' '° a"y pei'son or persons shall be forfeited under any of the provisions of tlie said Act or this Act, the right of such appointment shall immediately vest in and belong to his Majesty, his heirs and successors. Persons buying or III. And be it further declared and enacted, that from and after the passing of this Act, if selling offices, or re- person or persons shall sell or barjrain for the sale of, or receive, have, or take any money, ceiving or paynig mo- .' I" _ l t^ ^ ,• ,, • i- ,, ney or rewards for fee, gratuity, loan of money, reward, or profit, directly or indirectly, or any promise, agree- offices, guilty of a mis- . covenant, contract, bond, or assurance, or shall by any way, device, or means, contract or demeanor. ' ' '' „ pti agree to receive or have any money, fee, gratuity, loan of money, reward, or profit, directly or indirectly, and also if any person or persons shall purchase or bargain for the purchase of, or give or pay any money, fee, gratuity, loan of money, reward, or profit, or make or enter into any promise, agreement, covenant, contract, bond, or assurance to give or pay any money, fee, gratuity, loan of money, reward, or profit, or shall by any way, means, or device, contract or agree to give or pay any money, fee, gratuity, loan of money, reward, or profit, directly or indirectly, for any office, commission, place or emi)loyment specified or described in tlie said recited Act or this Act, or within the true intent and meaning of the said Act or this Act, or for any deputation thereto, or for any part, parcel, or participation of the profits thereof, or for any appointment or nomination thereto or resignation thereof, or for the consent or con- sents, or voice or voices, of any person or persons to any such appointment, nomination, or resignation, then and in every such case, every such person, and also every jaerson who shall wilfully and knowingly aid, abet, or assist such person therein, shall be deemed and adjudged guilty of a misdemeanor. o Persons receiving or IV. And be it further enacted, that from and after the passing of this Act, if any ])erson paying money for soli- ^^, pg^.g^,,;^ shall receive, have, or take any money, fee, reward, or profit, directly or indirectly, negotiations or pre- or take any jiromise, agreement, covenant, contract, bond, or assurance, or by any way, means, relalfn" thenfto"^uilty °^ device, contract or agree to receive or have any money, fee, gratuity, loan of money, reward, of a misdemeanor. or profit, directly or indirectly, for any interest, solicitation, petition, request, recommendation, or negotiation whatever, made or to be made, or pretended to be made, or under any pretence of making or causing or procuring to be made any interest, solicitation, petition, request, recommendation, or negotiation in or about or in anywise touching, concerning, or relating to any nomination, appointment, or deputation to or resignation of any such office, commission, place, or employment as aforesaid, or under any pretence for using or having used any interest, solicitation, petition, request, recommendation, or negotiation in or about any such nomina- tion, appointment, deputation, or resignation, or for the obtaining or having obtained the consent or consents, or voice or voices, of any person or persons as aforesaid to such nomina- 49 Geo. III. Cap. 126.] 155 tion, appointment, deputation, or resignation ; and also if any person or persons sliall give or pay, or cause or procure to be given or paid, any money, fee, gratuity, loan of money, reward or profit, or make or cause or procure to be made any promise, agreement, covenant, contract, bond, or assurance, or by any way, means, or device, contract or agree or give or pay, or cause or procure to be given or paid any money, fee, gratuity, loan of money, reward or profit for any solicitation, petition, request, recommendation, or negotiation whatever, made or to be made, that shall in anywise touch, concern, or relate to any nomination, appointment, or depu- tation to or resignation of any such office, commission, place, or employment as aforesaid, or for the obtaining or having obtained, directly or indirectly, the consent or Ci)nsents, or voice or voices of any person or persons as aforesaid to any such nomination, appointment, deputa- tion, or resignation ; and also if any person or persons shall, for or in expectation of gain, fee, gratuity, loan of money, reward, or profit, solicit, recommend, or negotiate in any manner for any person or persons in any matter that shall in anywise touch, concern, or relate to any ' such nomination, appointment, deputation, or resignation aforesaid, or for the obtaining, directly or indirectly, the consent or consents, or voice or voices of any person or persons to any such nomination, appointment, or deputation, or resignation aforesaid, then and in every such case every such person, and also every person who shall wilfully and knowinglv aid, abet, or assist such person therein, shall be deemed and adjudged guilty of a misdemeanor. v. And whereas on the pretence of negotiating or soliciting the sale, transfer, or appoint- Persons opening or ment of any office or offices which under the exception of this Act or otherwise it may be transacting "busi*ness lawful to sell, offices for negotiating the same, and advertisements may be published, by means relating to the sale of 1 1 1 I /• I • 1 -11 1 • ■ 11 , 1 -1 ■ 1 1 1 • . offices, guilty of a mis- and under the colour oi which illegal transactions intended to be prohibited by this Act may demeanor. be carried on ; be it therefore fiu-ther enacted, that from and after the passing of this Act, if any person or persons shall open or keep any house, room, office, or place for the soliciting, transacting, or negotiating in any manner whatever any business relating to vacancies in, or the sale or juirchase of, or appointment, nomination, or deputation to, or resignation, trans- fer, or exdiange of any offices, commissions, places, or employments whatever in or under any public department, then and in every such case every such person, and also every person wlio shall wilfully and knowingly aid, abet, or assist therein, .shall be deemed and adjudged guilty of a misdemeanor. VI. And be it further enacted, that if any person or jxn-sons shall advertise or publish, or Inflicting n penalty cause or procure to be advertised or in any manner publislied any house, room, office, or place oI'iml^hin^Mh^^ to have been or to be opened, set up, or kept for any of the purposes aforesaid, or advertise °' l"okers or agents, or publish, or cau.se or ])rocure to be advertised or published, the name or names of any per- son or persons as broker or brokers, agent or agents, solicitor or solicitors, for any of the purposes aforesaid, or print or cause or procure or permit or suffer to be printed or advertised any advertisement or advertisements, ]>roposal or ])roposals, for any of the purpo.ses aforesaid, then and in such case sucli person or persons shall forfeit for every such offence the sum of fifty pounds, to be sued for, levied, or recovered in any of his Majesty's Courts of llecord ; .it Westminster, as to all offences committed in England, or at Dublin as to offences committed in Ireland, or in his Majesty's Courts in Scotland as to offences committed in Scotland re- spectively ; and the whole of every such penalty shall go to the person wlio shall sue for the same, with fid! costs of suit. VII. Provided always, and l)e it further enacted, that nothing in this Act contained shall Act not to extend to extend, or be construed to extend, to any purchases, sales, or exchanges of any commissions or cy„I„i^^jio,"/ for' ij"g x2 156 [49 Geo. III. Cap. 126. icguhittd prices, or appointments in the honourable band of Gentlemen Pensioners, or in his Majesty's Yeomen authorized regimental Q^J^,.^l^ oi- j^ the Marshalsea, and the Court of the Palace of the King at Westminster, or to cfses acTordmg'to re- extend to any purchases, sales, or exchanges, of any commissions in his Majesty's forces for gulation, without fee ^ i^ prices as shall be resulated and fixed by any regulation made or to be made by his Ma- or reward. ' ' '^ i • i ■ i ■ i i ., , iestyin that behalf, or to any act or thing done in relation thereto, by any agents, provided that sucli ao-ents shall be agents of regiments authorized by the Commander-in-chief of his Majesty's forces, or by the colonels or commandants of regiments or corps, and shall act therein under such regulations only as are or shall from time to time be established by his Majesty, and shall not cause or procure, or knowingly permit or suffer to be printed or advertised, any advertisement or advertisements, proposal or proposals, for any purchase or sale or excliange of any commission, or any negotiation relating thereto, and shall not receive or take any money, fee, gratuity, or reward, or any promise, agreement, covenant, contract, bond, or as- surance, or by any way, means, or device, contract or agree to receive or have any money, fee, gratuity, or reward, for acting in such behalf. Officers ill army VTII. Provided also, and be it further enacted, that every officer in his Majesty's forces, fitld^prerorpyfng who shall take, accejjt, or receive, or pay or agree to })ay, any larger sum of money, directly agents for negotiating, ^j. indirectly, than wiiat is allowed by any regulations made by his IMajesty in relation to the to forfeit their com- *, , „ . . • i • -n r • ^ * x* 'tin missions, and be cash- purchase, sale, or exchange of commissions in his IMajesty s forces, or who shall pay or cause iered; their commis- j^^ -^i^ .^j^^. g^|,.|j ^f ,„o,iey to any agent or broker, or other person, for negotiating the sions to be sold, and I •' • , • • in i ■ • , i .i /■ i half of tlie produce, purchase or sale or exchange of any such commission, shall, on being convicted tliereoi l)y a when not exceeding a . i „..,,.yt martial, forfeit his commission, and be cashiered : and as an encouragement for certain sum, to goto oL""-"" <->^ "' >- J _ /. /• • i , ,i i ,i i i i ,. i informer. the detection of such practices, such commission so forfeited shall be sold, and halt the regu- lated value (not exceeding five hundred pounds) shall be paid to the informer, and the other half, or the remainder, if more tlian five hundred pounds, shall go and be applied as his IMajesty shall order and direct, by any regulations from time to time made in that behalf: provided also, tliat every person who shall sell his commission in hi.s Majesty's forces, and not continue to hold any commission in his IMajesty 's forces, and shall, upon or in relation to such sale, take, accept, or receive, directly or indirectly, any money, fee, gratuity, loan of money, reward, or profit, or any promise, agreement, covenant, contract, bond, or assur- ance, or shall by any device or means contract or agree to receive or have any money, fee, o-ratuity, loan of money, reward, or profit, beyond the regulated price or value of the com- mission sold, and also every person who shall wilfully or knowingly aid, abet, or assist such person therein, shall be deemed and adjudged guilty of a misdemeanor within the provisions of this Act. \ct not to extend to IX. Provided always, and be it further enacted, that nothing in this Act contained shall oftiees excepted in for- g^tgj^f) f,r be construed to extend, to any office excepted from the provisions of the said Act HtTes or 'transactions passed in the si.vtli year of the reign of King Edward the Sixth against buying and selling niiiUn K-gai securities, ^p offices, or to any offic.^ which was legally saleable before the passing of this Act, and in the o-ift of any person by virtue of any office of which such person is or shall be possessed under any patent or apnointment for his life, or to render invalid or in any manner to affect any promise, agreement, covenant, contract, bond, assurance, or trust, entered into or de- clared before the pas-ing of tliis Act, and whicli before tlie passing thereof was a valid pro- mise, ai;reement, covenant, contract, bond, assurance, or trust, in law or equity, or to any money paid, or to any act, matter, or thing done in pursuance of any such promise, agree- ment, covenant, contract, bond, or assurance. 1 49 Geo. III. Cap. 12G.] 157 X Provided also, and be it furtlier enacted, tliat notliintr in tliis Act contained sliall _\^i „ot to extend extend, or be construed to extend, to ijrevent or make void any deputation to any office, in any '" 'a"'ful (lci)utations ,.,..,., ., . ^,11 where payment of case in whicli it is lawful to appoint a deputy, or any agreement, contract, bond, or assurance principal or (leputy is lawfully made in resjicct of any allowance, salary, or payment made or agretnl to be made by °"" "' ''"' '^^''^^' or to sucli principal or deputy respectively, out of the fees or profits of such office. XI. Provided also, and be it further enacted, tliat nothing in tlie said Act or in this Act Act not to extend to contained shall extend to any annual reservation, char- .• • . i. e ' Tii/i! . lioldinc such office, sucli ornce, in any conniiission or appointment oi any person succeedmg to such office, or to ° any anrcemeiit, contract, bond, or other assurance made for securing such reservation, charge, or payment : provided always, that the amount of such reservation, charge, or pay- ment, and the circumstances and reasons under which the same shall have been permitted, shall be stated in the commission, patent, warrant, or instrument of appointment of the person so succeeding to and holding such office, and paying or securing such money as afore- said. Tlie l"2th section exempts from the operation of the Act certain offices in the Court of Chancery in Ireland, until after the death, resig- nation, or removal of the existing incumbents. XIII. Provided always, and belt enacted, that every person who shall commit, in Scot- ."Manner of punishing land, any offence against this Act, which by the provisions of the same is constituted a mis- o'^^"''*'^ '" Scotland, demeanor, shall bo liable to be ])unished by fine and imprisonment, or by tlie one or the other of such punishments, as tiie Judge or Judges before whom sucli oft'ender shall be tried and convicted may direct. XIV. And be it further enacted, that all od'ences committed against the provisions of the Oflfenecs committed said recited Act and this Act, by any governor, lieutenant-governor, or person having the chief command, civil or military, in any of his Majesty's dominions, colonies, or plantations, or his or their secretary or secretaries, may and shall be prosecuted and inquired of, and heard and determined in his Majesty's Court of King's Bench at ^Vestminstcr, in like man- ner as any crime, offence, or misdemeanor committed by any person holding a ))ublic employment abroad, may be })rosecutcd and in([uired of under tlie provisions of an Act passed in the forty-second year of the reign of liis jjresint Majesty, intituled, " .An Act for the 42 G.3, c. 8.5. trying and punishing in Great Britain Persons holding public employments, for Ofiences com- mitted abroad ;" and for extending the provisions of an Act passed in tlie twenty-first year of the reign of King .fames, made for the ease of Justices and others in pleading in suits brought against them, to all persons, eitiur in or out of this kingdom, authorized to conmiit to safe custody. X\ . Provided always, and l)e il furtlur enacted, that nothing in tlu> said rnitrd Act or Commenoement of this Act contained shall extend, or be construed to extend, to GibValtnr, .Malta, or any place ['I'.^^cs'lihrom'l. "'"""'" or places in the .Mediterranean, until three months; or to any of his M:ijestv's dominions, colonies, or plantations in America or the W'vst-Indies, until lour nionths ; or lo lli' Cipe of Good Hope, the Island of Saint Helena, or any ])art of .\fricn, until six months ; or to any of his Majesty's dominions in the Mast-Indies or beyond the Cajie of (iood Hojie, until twelve months, after the passing of this Act. abroad shall be tried in King's Ueneli. 158 [50 Geo. 111. Cap. 87. 39 G. 3, c. 109. 50 GEORGII III. Cap. LXXXVII. Ax Act to amend Two Acts, relating to the raising J\fen for the Service of the East-India Company, and the Quartering and Billetting such Men ; and to Trials bi) Regimental Courts -Martial. \\ 5th June, 1810.] Wliereas an Act passed in the thirty-ninth year of the reign of his present IVIajesty, inti- tuled, "An Act for the better recruiting the Forces of the East-India Company;" and 27 G 2 c 9 vliereas an Act passed in the twenty -seventh yeai* of tlie reign of his late IVIajesty King George the Second, intituled, " An Act for punisliing Mutiny and Desertion of Officers and Soldiers in the Service of the United Company of Merchants of England trading to the East-Indies, and for the punishment of Offences committed in tlie East-Indies or at the Island of Saint Helena :" and whereas it would tend to the more speedy recruiting of the forces of the East-India Company, if men were permitted to enlist for a limited time in the service of the said Company, without engaging to serve in his Majesty's forces ; and provision must in such case be made for quartering and billetting the men so raised ; and whereas it is also expedient that the provisions of the said recited Act of his late Majesty King George the Second, as to trials by regimental courts-martial, should be amended in relation to the mem- bers and witnesses being sworn, as now required on such trials in his Majesty's regular forces ; HisMaiestymayor- be it therefore enacted by the King's most excellent IVIajesty, by and with the advice and der liny of iiis officers consent of the Lords spiritual and temporal, and Commons, in tliis present Parliament to enlist tlie number ,,, ,, , , . », i . ini i pi,. i.n/r- i- of men specified in re- assembled, and by the authority oi the same, that it shall be lawtul lor his Majesty, his cited Act of 39 G. 3, j^pj,.g j,^(j successors, to order and cause such of his officers as he shall see fit, to levy, enlist, c. lOJ, to serve in the ' _ ... . . . Company's forces in and raise such number of men, either for life or limited service, as his Majesty shall from t"d tiine '"^ °^ '^ '""' t'™^ *° t"^^ think fit, not exceeding the number of men specified in the said recited Act of the thirty-ninth year of the reign of his present IMajesty aforesaid, (1) for the special purpose of serving in the East-Indies in the forces of the said United Company only ; and the recruits to be raised for such special purpose, instead of taking the oath of fidelity appointed to be taken by the said recited Act of the thirtv-ninth vear aforesaid, or by any Act in force for the Oaths to lie taken as punishment of mutiny and desertion, shall take the oath .specified in the Sciicdule to this Act in Schedule. annexed, marked (A.) ; and instead of the oath of service prescribed by any Act in force for the punishing of mutinv and desertion, shall take the oath in the Schedule to this Act an- nexed, marked (B.); which oaths shall be administered by all justices of the peace and magis- trates before whom any such recruits shall be carried for the purpose of being attested ; and the certificate given upon such attestation shall be in the form in the Schedule to this Act annexed, marked (C). (2) (1) [See note on 28 Geo. 3, cap. 8, sec. 2.] (■2) [By 3 & 4 Vict. cap. 6, (the Anntial Mutiny Act), the oaths therein prescribed, are, during the continuance of that Act, to be admi- nistered and no other. These as well as the form of certificate directed 50Geo. III. Cap. 87.] 159 to be given by the attesting Justice, will be found in their proper place in this volume.] II. And be it further enacted, that all soldiers enlisted into the service of tlie said United SoMiers to be Kulijcct Comany of Merchants siiall be trained and discitilined and suliiect to such command and '<> V"' ■\'"''">'.-'^'^^' ,"" regulations, and at all times and until their embarkation be subject to all the provisions of to be siiiije<-t to tlie any Act in force for the punishment or mutiny and desertion, and the better payment of the ^^ 9/ . cto ./ . , army and their quarters, and after their embarkation, to the provisions of the said recited Act of the twenty-seventh year aforesaid, (1) in like manner as is prescribed in the said recited Act of the thirty-ninth year afoi'esaid ; and all the powers, authorities, provisions, clauses, rules, regulations and restrictions, penalties and forfeitures, contained and prescribed in the said recited Act of the thirty-ninth year aforesaid, shall extend and be in full force as to all soldiers enlisted imder and after tiie passing of this Act into the service of the said United Company of Merchants, as fully and effectually, as if the same were severally and respectively repeated and re-enacted in this Act and made part thereof. (1) [The '27 Geo. 2, cap. 9, here referred to, was repealed by 4 Geo. 4, cap. 81. The laws for punishing mutiny and desertion of officers and sol- diers in the service of the East-India Company are now consolidated in 3 & 4 Vict. cap. 37.J III. And be it further enacted, that all the powers, authorities, provisions, clauses, rules, Powers of .\cts relut- reeulations, and restrictions, and penalties, and forfeitures, contained and prescribed in any '"S '" . to be issued under their common seal, any further sum or sums of money not exceeding ia the whole the sum of two millions sterling, over and above such sum and sums as the said Company can now lawfully raise on their bonds, and to apply tlie money so to be borrowed and raised for such purposes, as under and by virtue of the said Act of the thirty-seventh year of the reign of his said Majesty, the money to be raised by enlarging the cajiital stock of the said Company is aj)plicable ; any thing contained in the said recited Act or any other Act notwithstanding. II. And be it further enacted, that so intiih of the said Act of the forty sevintli year of Repealing part of 47 the reign of his present Majesty, as ])rovides tiiat all the money to be raised by enlarging the ^'^' '^' *'• capital stock of the said Comi)a!iy as tlieiviii mentioned, should be a])|)lied towards the reduc- tion of the bond debt of the said United Company, until it should be so reduced to the sum which the said Company migiit then lawfully raise by bond, and as provides that in case the said Comjiany should enlarge their capital stock, then that the sinii whii^li they were thereby empowered to raise by bond slioLiid be reduced, siiall be and tiie same is hcriby repeaKd. III. Provided always, and be it enacted, that when the sail! United Company shall iiave Afiir raWmn raised under and by virtue of the said Act of the thirty-seventh year of the reiiin of liis present ^^.<"|l'•'M)||. c<.in|Hiny 1., If. .* rr>lraineu Iroin raising Majesty, and of the said Act of the forty-seventh year of the reign of his present ^lajesty, further inonoy on Y ■ bond. 162 [51 Geo. III. Cap.G4. and of this Act, such sums of money as together sliall amount to the sum of four millions sterling, then and from thenceforth it shall not be lawful for the said Company to raise any further sum of money upon bond ; and all money wliich from thenceforth shall be raised by increase of capital stock, under and by virtue of the said first-mentioned Act, shall be applied in discharge of the said bond debt, until the said bond debt, created by virtue of the said Act of tlie forty-seventh year of the reign of his IMajesty, or tliis Act, together with the money to be raised by increase of capital as aforesaid, shall be reduced to the sum of four millions sterling. Bonds issued by the Company under their common seal shall be transferable, &c. Public Act. IV. And whereas bonds issued under the common seal of the said United Company, for money borrowed by them by virtue of the powers enabling them to borrow money upon bond, have usually been entered into, and have been expressed to have been made payable to the person who for the time being has been the treasurer of the said United Company, or his assigns, and upon his indorsement thereof they have been sold and passed from one person to another, by delivery of the possession thereof; and it is expedient that a legal effect should be given to such mode of transfer of the property in the said bonds, and the money secured thereby; be it therefore further enacted, that all bonds issued, or to be issued, under the common seal of the said United Company, by virtue of any power by which they have been, are, or hereafter may be authorized to borrow money upon their bonds, shall be assignable and transferable by delivery of the possession thereof; and upon every such assignment or transfei-, the money secured by the bond so assigned or transferred, and due, and to become due thereon, and the property in such bond, shall be absolutely vested, as well at law as in equity, in the person or persons, body or bodies politic and corporate, to whom the same shall be so assigned or transferred, and the person or persons, body or bodies politic and corporate, to whom any sucb bond shall be so assigned and transferred, and his, her, and their executors, administrators, and successors respectively, shall and may maintain, his, her, or their action for the principal and interest secured thereby, and due thereon, or otherwise relating thereto, in like manner as the obligee or obligees named in any such bond, or his, her, or their executors, administrators, or successors, may now maintain any action thereon ; and in every such action the plaintiff" or plaintiff's shall recover his, her, or their debts, damages, and costs of suit ; and if any such plaintiff" or plaintiff's shall be nonsuited, or a verdict be given against him, her, or them, the defendant or defendants shall recover his, her, or their costs against the plaintiff" or plaintiff's, and every such plaintiff' or plaintiff's, defendant or defendants, respectively recovering, may sue out execution for such debt, damages, and costs by capias, Jieri facias, or elegit. V. And be it further enacted, that this Act shall be deemed and taken to be a public Act and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded. For other enactments respecting the bond debt, see note on 34 Geo. 3, cap. 41. 51GE0. III. Cap.75.] 163 51 GEORGII III. Cap. LXXV. Ax Act /or Jiutking further Provision for the Payment of Salaries and other Charges in tlie office of the Commissioners for the Affairs of India; and for enabling the East- India Company to restore to the Service of the said Company Military Officers, removed therefrom by Sentences of Courts-Martial; and tn authorize the said Company in cases of unforeseen emergency, to take up Ships by private Contract . [ 1 5th June, 1811.] Whereas by an Act passed in the thirty-third year of the reign of liis present Majesty, 33 G. 3, c. .52. intituled, " An Act for continuing in the East-India Company, for a furtiicr term, the Pos- session of the British Territories in India, together with their exclusive Trade, under certain Limitations; for establishing further Regulations for the Government of the said Territories, and the better Administration of Justice within tlie same ; for appropriating to certain Uses the Revenues and Profits of the said Company ; and for making Provision for the good Order and Government of the Towns of Calcutta, INIadras, and Bombay," it was among other things enacted, that it sliould be lawful for his Majesty, his heirs or successors, by any Letters Patent, or by any commission or commissions, to be issued under the great seal of Great Britain from time to time to nominate, constitute, and appoint, during his or their pleasure, such members > of the Privy Council (of whom the two principal Secretaries of State and the Chancellor of the Exchequer for the time being siiould always he three), and such other two persons as his Majesty, his heirs, or successors, should think iit, to be, and wlio should accordingly be anil be styled Commissioners for the affairs of India; and it was in and by the said Act also enacted, that the said Board of Commissioners should and might nominate anil appoint such secretaries and oflicers as should be necessary to attend upon the said Hoard, who should be subject to dismission at the pleasure of the said Board ; and tliat as well the said Commis- sioners, or such and so many of them as his Majesty should think fit, as likewise their tsecre- taries and other oflicers, should be paid sucli fixed salaries as his Majesty should by any war- rant or warrants under his sign manual, countersigned by the Chancellor of the Exchequer for the time being, direct ; all which salaries, together witli all otiier contingent cliarges and expenses to be incurred by the said J5oard, sliould be paid and defrayed quarterly by the United Company of Merchants of England trading to the East- Indies, and be deemed and taken as part of tlieir commercial charges, the quarterly amount thereof being first settled and allowed by the said Board, and certified by the president or acting president of the said ]{oard for the time being, to the Court of Directors of the said Company ; provideil that the whole of the salaries to be paid to tlie membirs of the said Board should not exceed the sum of five thousand pounds in any one year ; and that the wliole of tlie salaries, charges, and exiienses of the said Board, exclusive of the salaries of the members of the said Board, should not exceed the sum of eleven thousand jiounds in any one year ; and whereas it is reasonable that a more ample allowance should be made for tlie said .salaries, charges, and expenses : Ik- it therefore enacted by tlie King's most excellent Majesty, liy and witli tlie advice and consent of the Lords spiritual and tenijioral, and Commons in this present Parliament assembled, and by the authority of the same, that so much of tlie .said Act as limits the whole of the salaries to .So niucli of Act »* be paid to the members of tlie .said Board, to the sum of fi\e tiiou.sand pounds in any one '''"'" """ ""''"','■' VOni- ;r,A tU„ ...U_1„ ,-i" «U_ 1 ■ — -.1 I _!• .K. _; I 11 1 1.. •_._ _f .1 ' year, and the whole of the salaries, charges, and expenses of the said Board, exclusive of the o 1G4 [51 Geo. III. Cap. 75. salai-ies of the members thereof, to the sum of eleven thousand pounds in any one year, shall be, and the same is hereby repealed. (1) (1) [For the present constitution of the Board of Commissioners, see 3 & 4 Wm. 4, cap. 85, sees. 19 and 20. By section 23 two secre- taries and other officers are to be appointed and paid ; but no Commis- sioner, excepting the President, is to receive any salary in virtue of his office of Commissioner. By 53 Geo. 3, cap. 155. sec. 90, the expenses of the Board are Hmited to ,£26,000 per annum ; and the 3 & 4 Wm. 4, cap. 85, sec. 110, restrains the Board from increasing the amount, except for defraying the extraordinary expenses occasioned by the sus- pension of the Company's trade, and which are provided for by sec. 6 of the same Act.] So much of 50 G. 3, III. And belt further enacted, that so much of an Act passed in the fiftieth year of his coum\I'oY increase an'ii Present Majesty's reign, intituled, " An Act to direct tliat Accounts of Increase and Dinii- diminutioii of salaries, nution of Public Salaries, Pensions, and Allowances shall be annually laid before Parliament, Parliament,''"slia'ir^cx! ^"'1 to regulate and control the granting and paying of such Salaries, Pensions, and tend to the office of the Allowances," as directs that between the first day of February and the twenty-fifth day of Commissioners for the ,, , . .,. ^ ,. i ,i i -..I- j • ^ c i ■ j ' -r affairs of India. March u) every year, if Parliament shall be sitting during any part of such period ; or if Parliament shall not be sitting during any part of such period, then within forty days after the commencement of the session of Parliament in such year, tliere shall be laid before botli Houses of Parliament an account of every increase and diminution which shall have taken place within the preceding year, ending on the first day of January, in the number of persons employed in all public offices or departments, or in the salaries, emoluments, allowances, and expenses which may have taken place, or been paid, granted, received, or incurred for and in respect of all officers and persons belonging to or employed in or by, or in the service of all public offices or departments, specifying the amount and nature thereof, and distinguishing in such account every increase and diminution in the amount of all allowances or compensa- tions granted or allowed, as retired allowances or superannuations, to any person or persons having held any office, place, or employment in any such public office or department; or having been employed in any manner in any public services under any such office or department ; and specifying in every such account the time and length of service of every sucii person, and the amount of the salary or allowances received by such person immediately preceding such superannuation, and the nature of his services ; and also specifying in every sucli account the grounds upon which every such increase or diminution in the establish- ment of any such public office or department, or of any such salary, emolument, allowance, or compensation, or superannuation as aforesaid, shall have been made, granted, or allowed, shall extend, and be construed to extend, to the office of the Commissioners for the affairs of India. East- India Company IV. And whereas it was in and by the said Act of the thirty-third year of his present may lestore to tiieir Majesty's reign also enacted, that after sentence or ludgment of any Court, having compe- bci'vice militaryoflicers J J b ' j o ./ ' o i removed therefrom by tent jurisdiction, whether in Great Britain or in India, against any Governor-general, Governor, nurtTiiT "' '"""'' Tresident, Counsellor, or Commander-in-chief, or against any of the said United Company's 52 Geo. III. Cap. 121.] 165 servants, civil or military, for any debts or penalty due or belonging to the said United Company, or for any extortion or other misdemeanor, it should not be lawful for the said United Company, in any case whatever, to release or compound such sentence or judg- ment, or to restore any servant or servants of the said Company who siiould have been removed or dismissed from his or their office or employment, for or on account of mis- behaviour, by the sentence of any of the said Courts: and whereas doubts have arisen whether military officers may Ix; restored to the service of the said United Company, who may have been removed therefrom by sentences of courts-martial ; be it therefore enacted and declared, that it was and is lawful for the Court of Directors of the said United Company, to restore to the service of the said Company any military officer who shall have been or shall be dismissed or suspended therefrom by the sentence of a court-martial. V. Provided always, and be it enacted, that from and after the passing of this Act, no with consent of the 1 1 1 1 • • 1-1 n- 1-1 1 1 • 1 Board of Commis- such restoration shall be m anywise valid or eftectuaJ, without the approbation and con- sjoners. sent of the Board of Commissioners for tlie affairs of India, for that purpose had and ob- tained. (1) (1) [By 53 Geo. 3, cap. 155, sec. 83, the consent ot" the Board is rendered necessary to give effect to the restoration of any servant, civil or miUtary, who may have been suspended or removed by any of the local Governments.] 52 GEORGII III. Cap. CXXI. Ax Act to authorize the Trcnisfer, to the Ea.st- Indies, of Debts ori '"^'^ to be valid till ' . JO'' ' suiictione^- tife* Dh-ec*^ ^^^J ^^ lawful for the said Commissioners to direct that such person or persons shall, at his or tors, authorizing such their own special charge, be permitted to proceed to any of the said principal settlements of any'°of 'the'"prindp!,'i the said Company, and that such person or persons shall be furnished by the said Court of settlements. Directors with a certificate or certificates according to such form as the said Commissioners shall prescribe, signifying that such person or persons hath or have so proceeded with the cognizance and under the sanction of the said Court of Directors ; and that all such certifi- cates shall entitle the persons obtaining the same, so long as they shall properly conduct them- selves, to the countenance and protection of the several governments of the said Company in the East-Indies and parts aforesaid, in their respective pursuits, subject to all such provisions and restrictions as are now in force, or may hereafter be judged necessary, with regard to per- sons residing in India. o Directors may make XXXIV. Provided always, that nothing herein contained shall extend, or be construed ^presentations tliere- ^^ extend, to restrict or prohibit the said Court of Directors from offering such representa- 11 to the Board. . , • 1 ,, , i ^ . . .• 1 • % ■ • * tions to the said Board of Commissioners, respecting persons so applying tor permission to proceed to the East-Indies, as the said Court of Directors may at any time think fit. 53G£0. III. Cap. 155.] 171 Sections 33 and 34 can now only be applicable to those parts of India not opened to general access by 3 & 4 Wm. 4, cap. 85, sec. 81, or under the provision of section 83. On illicit entrance or residence, see sections 82 and 84 of that Act. X XXV. Provided also, and be it further enacted, that all persons who shall proceed to All i .tsoms to be the East-Indies, shall, upon their arrival at any place within the limits of the said United ["^'^^"^^ 'the "loca^Go-' Company's Government, be subject to all such rules and regulations as now arc, or hereafter vemmcnts. may be, in force within those limits. (1) (1) [Vide 3 & 4 Wm. 4, cap 85, sec. 43 to 46.] XXXVI. Provided also, and be it further enacted, that if any person having obtained a Governments in Tndia certificate or licence from the said Court of Directors, authorizinsr such person to proceed to "'•O'!'^'^^'''"" i^eitificates or I and licences to be void the East-Indies, shall at any tnne so conduct himself as in the judgment of the Governor- ii' it shall appear to general, or Governor of the presidency within which such person sliall be found, to have [„ ^Lom grlLlted W forfeited his claim to the countenance and protection of the government of such presidencv lorieiteii their claim to it shall and may be lawful for such Governor-general, or Governor, by order, to declare that '*™ *'' '""' the certificate or licence so obtained by such person, shall be void from a day to be named in such order ; and from and after such a day so to be named in such order, such person shall be deemed and taken to be a })erson residing and being in the East-Indies without licence or authority for that purpose, and may bo sent forthwith to the United Kingdom ; any matter or thing whatsoever to the contrary notwithstanding : provided nevertheless, that no person Persons not to be whose certificate or licence shall have been so vacatctl by order of any of tlie covernmeiits of P^f <^cuted for residing -' .' f witliout a licence, un- tile said Company as aforesaid, shall be subject or liable to any prosecution for residing or til two months after being found in the East-Indies witliout licence or authority for that piu-pose, until two '"""^^' months after notice of such order shall have been given to such jjcrson, by delivery to such person of a copy thereof, or by leaving the same at tlie last place of abode of such jierson, or by publication of such order in the Gaxette of the jiresideiicy wliere such order shall be made. (1) (1) [This must be construed in connection with 3&4 Wm. 4, cap. 85, sees. 81, 82, 83, and 84.] XXXVII. And be it further enacted, that it shall not be lawful for any of tlie govern- Covenmients in India mcnts of the said Company at their several presidencies, to licence or otherwise authorize the "hiem-o'T'his mIjcs- residence at any place or places within the limits of the said Company's governments of any ty's subjects without subject of his Majesty, who shall go thereto after the tenth day of April one tiiousand eight iJfre'ctors! except un- hundrcd and fourteen, unless such person shall have been previously furnished with a licence •'''•' i*!'"'"'"' oircutr.- stiinccs or certificate from the Court of Directors of the said Company, or have otherwise been authorized by law to reside within the said limits: provided, nevertheless, that any Governor- general or Governor of any of the said |)re>ideiicies, for extraordinary reasons to be entered upon the minutes of Council, may .lulhorize by special licence the residence of any subject of his Majesty in any place or places muler the government of such jJi-esidency, mitil the pleasure of the said Court of Directors shall be known in that behalf: and that such .special licence shall be deemed and taken to be of the same force and effect as a licence of and from the said Court of Directors, imtil notice of the pleasure of the saitl Court to the contrary sliall have z 2 172 [53GEO.III. Cap. 155. been given to such person, by delivery thereof to sucli person, or by leaving the same at his last place of abode, or by publication thereof in the Gazette of the ))residency by which such special licence shall have been granted ; provided that a copy of such licence, and of the reasons for granting the same, accompanied wth an application for a licence from the said Court of Directors, shall be transmitted to the said Court of Directors forthwith after the granting thereof. (1) (1) [See note on sec. 36.] Sections 38 and 39 provided for the residence of persons with or with- out Hcence within certain limits ; but tliey are superseded by tlie enact- ments of 3 & 4 Wm. 4, cap. 85, and cap. 93. The 40th and 41st sec- tions, relating to the private trade within the limits of the Company's Charter, were repealed by 4 Geo. 4, cap. 80. Colleges and semi- XLII. And be it further enacted, that the said Board of Commissioners for the affairs of subjett to™he contrtTl India, by force and virtue of this Act, shall have and be invested with full power and autho- of tile lioani. j-jfy jq superintend, direct, and control all orders and instructions whatsoever, which in any- wise relate to or concern any rules, regulations, or establishments whatsoever, of the several colleges established by the said Company at Calcutta or Fort Saint George, or of any semi- naries which may be established imder the authority of any of the governments of the said Company, in the same manner, to all intents and purposes, and under and subject to all such and the like regulations and provisions, as if such orders and instructions immediately related to and concerned the government and i-evenues of the said territorial acquisitions in the East- Indies. Provision for scliooN. XI.III. .\nd be it further enacted, that it shall be lawful for the Governor-general in piililu-lcotiires.orother r'nnncil to direct, that out of any surplus which may remain of tlie rents, revenues, and literary institutions, tor '-"""^" "■ ' ..... the benefit of the na- profits, arising from the said territorial acquisitions, after defraying the expenses of the mili- by^^Govenior'^geJieral ^''"7' '-■'^'''' ^'""^ commercial establishments, and paying the interest of the debt, in manner in Council, subject to herein-after provided, a sum of not less than one lac of rupees in each year shall be set apart but '^aii]rolntments'"to a"tl applied to the revival and improvement of literature and the encouragement of the learned ortices therein to be natives of India, and for the introduction and promotion of a knowledge of the sciences made by the local Go- , . , , . p , t^ ■ • i , ■ • ■ t !• i ,i ^ i i i i- veinmeiits. among the mhabitants ot the lintish territories in India; and that any schools, public lectures, or other institutions, for the purposes aforesaid, which shall be founded at the pre- sidencies of Fort William, Fort Saint George, or Bombay, or in any other parts of the British territories in India, in virtue of this Act, shall be governed by such regulations as may from time to time be made by the said Governor-general in Council ; subject nevertheless to such poAvers as are herein vested in the said Board of Commissioners for the affairs of India, respecting colleges and seminaries : provided always, that all appointments to offices in such schools, lectureships, and other institutions, shall be made by or under the authority of tiie governments within which the same shall be situated. College and military XLIV. And whereas the said United Company have lately established, in England, a seminary in England foUese for the appropriate education of young; men designed for their civil service in India, to be continued ; and » rrr j a n j.ipi. the Directors, with and also a Military Seminary for the appropriate education of young men designed for tlieir Board'"to'' make°ruts military service in India : and whereas it is expedient that the said College and Military 53 Geo. III. Cap. 155.] 173 Seminary should be further continued and maintained, and that proper rules and refrulations and regulations for tlie should be eonstitiited and establi;?hed by authority of law, for the good government of the ^°™^" said College and Military Seminary respectively ; be it therefore enacted, that the said Col- lege and Military Seminary shall be continued and maintained by the said United Company during the further term hereby granted to the said Company ; and that it shall and mav be lawful for the said Court of Directors, and they are hereby required forthwith, after the passing of this Act, to frame such rules and regulations for the good government of the said College and Military Seminary respectively, as in their judgment shall appear best adapted to the purposes aforesaid ; and to lay the same befoi'e the Board of Commissioners for the affairs of India, for their revisal and approbation, who shall thereupon proceed to consider the same, and shall and may make such alterations therein and additions thereto as they shall think fit; nevertheless, all such rules and regulations shall and may be sul)ject to such future revision and alteration by the said Court of Directors, witii the approbation of the said Board, as cir- cumstances may from time to time require in that behalf ; and all such rules and regulations, so framed, approved, revised, or altered, shall be deemed and taken to be good and valid in law, and shall be binding and effectual upon idl persons, and in all matters lielonging or relating to the said College and Militai'y Seminary respectively ; anv law. Charter, or other matter or thing to the contrary notwithstanding : provided always, that nothing herein con- Directors may make tained shall prevent the said Court of Directors fro.ii making such representation, with respect ''^l"'"'^^"«iitions re- ' . . . , . spectiiig alterations or to any alterations in or additions to such rules and regulations which may be made by the said additions by tlie Board. Board of Commissioners, as the said Court of Directors shall at any time think fit.(l) (1) [By 7 Wm. 4, and 1 Vic. cap. 70, the Board were to appoint examiners of candidates for admission to the College, when the tour- fold system of nomination was suspended. By 1 & -2 Mc. cap, '22, the Board, without reference to such suspension, are empowered to make rule s for the government of the College, which are to be sub- mitted for her Majesty's approbation, to be signified by an Order in Council. Notice of such rules is to be "ivcn to the Court of Direc- tors twenty-one days previously to their being submitted for the royal approbation.] XLV. And be it further enacted, that from and after the passing of this Act, it shall and Bisliop of London may be lawful for tlie Lord Bishop of London for the time being to have and exercise, aiul j„riJjjciio„ he is hereby aiiti)ori/etl and empowered to have and exercise such visitatorial power and juris- diction over all such persons, matters, and things belonging or relating to tiie said College, and in such manner as shall be a|ipointed and established by the said rules and regulations of the said College in that behalf; any matter or thing whatsoever to the contrary notwith- standing. XLVI. And be it further enacted, that it shall not be lawful for the saitl Court of Direc- No person lohe np- tors to nominate, appoint, or send to the Presidencies of Fort \\' illiam, Fort Saint George, i"e'"|',^,'iViJ",i'kI.pTronr or IJombay, any person in the capacity of a writer, miless such person shall have been didy terms at thv College, entered at such College, and have resided there foiu' terms, (1) accoriling to the rides anil re- "prtirini't'e of'"'coiifo" gidations thereof; and shall also produce to the said Court of Directors, a certificate under the niity to the rules. 174 [53 Geo. III. Cap. 155. hand of the Principal of the said College, testifying that he has, for the space of four terms, been a member of, and duly conformed himself to the rules and regulations of the said College. (1) [The 1 & 2 Vic. cap. 22, sec. 1, empowers the Board to make rules for the government of the College, and sec. 2 enacts that it shall be lawful for the Court of Directors to send out as writers persons who have resided the number of terms prescribed by such rules, and who shall produce the required certificate.] Establishment of XL VI I. And be it further enacted, that no order for the establishment of any office, or the officers ill the College appointment of any person to fill the situation of Principal at the said College, or Head Master to be subject to the of the Military Seminary, shall be valid or effectual, until the same shall have been approved control of the Board. i,y j^g gajd Board of Commissioners for the affairs of India. (1) (1) [Extended by 3 & 4 Wm. 4, cap. 85, sec. 108, to appointments of professors and teachers at the College.] Principal and profes- XLVIII. And whereas for the due performance of the public duties of religion at the said parochiau'es'id'ence™ College, as well as for the maintenance of sound learning and religious education, it is expe- dient that the principal and some of the professors of the said College should be clergymen of the established church : and whereas it may be expected, that among clergymen best qualified for such situations, from their character and attainments, some may be possessed of benefices in the church ; be it enacted, that every spiritual person holdijig the situation of principal or pro- fessor in the said College, and actually performing the duties of the same, shall be and he is hereby exempted from residence on any benefice of which he may be possessed, in tlie same manner as the spiritual persons specified in an Act passed in the forty-third year of his present 43 G. 3, c. 84,. Majesty's reign, intituled, " An Act to amend the Laws relating to Spiritual Persons holding of Farms, and for enforcing the Residence of Spiritual Persons on their Benefices in England," are by the said Act exempted from residence on their respective benefices ; any Act, matter, or thing, to the contrary notwithstanding. (1) (1) [This exemption is confirmed by 1 & 2 Vic. cap. 106, sec. 37, as to any spiritual person having been appointed })rincipal or professor before the passing of that Act, and not having more than one benefice with cure of souls.] If a bishop and three XLIX. And whereas no sufficient provision hath hitherto been made for the maintenance archdeacons shall be ^j^ j support of a church establishment in the British territories in the East-Indies and other established in India by i ' his Majesty's royal parts within the limits of the said Company's Charter, be it therefore enacted, that in case it Letters Patent, ^j^^jj pj^^j^gg jjjg Majesty, by his royal Letters Patent under the great seal of tlie said United Kingdom, to erect, found, and constitute, one bishopric for the whole of the said British territories in the East-Indies, and parts aforesaid; one archdeaconry for the presidency of Fort William in Bengal ; one archdeaconry for the presidency of Fort Saint George on the coast of Coromandel ; and one archdeaconry for the presidency and island of Bombav, on the coast of Malabar ; and from time to time to nominate and appoint a bishop and arch- 53 Geo. III. Cap. 155.] 175 deacons to such bishopric and avchdeaconries respectively; the Court of Directors of the their salaries to be paid said Company, during such time as the said territorial acquisitions sliall remain in the posses- ^^ ""^ Company, sion of tlie said Company, sliall, and thoy arc hereby required to direct and cause to be paid, certain established salaries to such bishops and arclideacons respectively ; that is to say, from and out of the revenues of the said presidency of Fort "William in Bengal to the said bishop, five thousand pounds by the year, at an exchange of two shillings for the Beno-al current rupee ; and to the said archdeacon of the said presidency of Fort AVilliam, two thousand pounds by the year, at the like exchange ; and from and out of the revenues of the presi- dency of Fort Saint George, on the coast of Coromandel, to the archdeacon of the said j)resi- dency of Fort Saint George, two thousand pounds by the year, at an exchange of eight shil- lings for the pagoda at jVIadras ; and from and out of the revenues of the presidency and island of Bombay, on the coast of INIalabar, to the archdeacon of the said presidency and island of Bombay, two thousand pounds by the year, at an exchange of two shillings and three-pence for the Bombay rupee. (1) (1) [By 3 & 4 Wm. 4, cap. 85, sec. 101, no archdeacon thereafter appohited is to receive, in respect of his archdeaconry, any salary exceeding 3,000 sicca rupees per annum.] L. And be it further enacted, that the said salaries shall take place and commence from Salaries to commence and after the time at which such persons as shall be appointed to the said offices resnectivelv °" taking office, and to 1 11 X I ii ii 1- /• 1 ■ ' n, ... • cease when functions sliall take upon them the execution ot their respective oflices ; and that all such salaries cease. shall be in lieu of all fees of office, perquisites, emoluments, and advantages whatsoever; and that no fees of office, perquisites, emoluments, or advantages whatsoever, shall be ac- cepted, received, or taken, in any manner or on any account or pretence whatsoever, otiier than the salaries aforesaid : and that such bishop antl archdeacons respectively shall be entitled to such sidarics so long as they shall respectively exercise the functions of their several offices in the East-Indies or parts aforesaid, and no longer. LI. Provided always, and be it further enacted, that such bishop shall not have or use any I!ishoptoh«venoju- jurisdiction, or exercise any ei)iscopal functions whatsoever, either in the East-Indies or else- '''="''<;ti"'> or functions, 1 1 1 1 • • !■ • /-, s 1 <. • 1 11 K ■ . , exceiit such as may be where, but only such jurisdiction(l) and functions as shall or may from tmie to tmie be limited limited by Letters Pu- to him by his Majesty by Letters Patent under the great seal of the United Kingdom. ^*"'' (1) [See 3 &4 Wm. 4, cap. 85, sec. 93 cS: 94.] LII. And be it further enacteil, that it sliall and may be lawful lor ids Majesty, from His Majesty may prant time to time, if he shall think fit, by his Letters Patent under the great seal of the said ["rs''i>a'tent!'''««Jl/"ecI United Kingdom, to grant to such bishop, so to be nominated and ajipointed as aforesaid, clesiastical jurisiiiction such ecclesiastical jurisdiction, and the exercise of such episcopal functions, within the East- sary.'"^ "* "" '"■"'* Indies and parts aforesaid, as his Majesty shall think necessary for the administering holy ceremonies, .-uid for the sii|)eriiiten(lence and good government of the ministers of the church cstabli>linient within the East-Indies and parts aforesaid; any law. Charter, or other matter or tiling to the contrary notwithstanding. LIII. And be it furflier enacted, that when and as often as it sliall iilease his jVIajestv to ^Vnr^.nt f.ir I.eiiers • , „ . . , . , . , , ,■ i ' r •'aleiit to be couiitcr- issue any J_,etters latent respecting any sucli liisliopnc or arcluleacoiiry as aiorcsaKl, or lor fci^nci by the Troi- dcnt of tlic Uoard. 176 [53 Geo. III. Cap. 155. tlie nomination or appointment of any person thereto, tlie warrant for the bill in every such case shall be countersigned by the President of the Board of Commissioners for the affairs of India. The 54tli section, relating to pensions to be granted to the bishop and archdeacons after a certain period of residence, is repealed by 4 Geo. 4, cap. 71, sec. 2. Sections 55 to 60 relate to the appropriation of the fmids of the Company, and are superseded by 3 & 4 Wm. 4, cap. 85, sec. 17. So much of 33 G. 3. LXI. And be it further enacted, that so much of the said Act of the Parliament of Great c. 32. as relates to the Bj-jtain of the thirtv-third year of his present ]Maiestv, as relates to the payment of a sum, payment of a sum into -' ■' ' ,. . , ■ r i ■ nr ■ ■> the Excliequer, the not exceeding five hundred tliousand pounds in every year, mto the receipt ot Ins Majesty s the°T-ni''iit'^h[t °\]° Exchequer, to be applied as Parliament shall direct, or to the recovery from the said United l?ank, 'repealed. Company, or their successors, by action or otherwise, of such money, in case of failure of the said United Company or their successors, in any payment thereof, or to the payment into tlie Bank of England, of money to be placed to the account of the Commissioners appointed 26 G. 3, c. 31. by the Act passed in the twenty-sixth year of his Majesty's reign, intituled, " An Act for vesting certain Sums in Commissioners at the End of every Quarter of a Year, to be by them applied in reduction of the National Debt," or to an account to be raised and kept by the Governor and Company of the Bank of England, to be intituled, " The Account of the Guarantee Fund of the United Company of Merchants of England trading to the East- Indies," or to the said guarantee fund, or to an account to be made by the said Governor and Comjxmy of the Bank of England, of or relating thereto", shall be and the same is hereby repealed. Section 6-2 has reference to the payment of a dividend on the Com- pany's capital stock, and is no longer in force. For the existing provi- sions relating to the dividend, see 3 & 4 Wm. 4, cap. 85, sec. 11. 37 G. 3, c. 31, s. 9, EXIII. And be it further enacted, that so much of the said Act of the thirty-seventh reiK'aled. yg^j. pf \^[g present jNIajesty, as directs that the said dividend of ten shillings per centum per annum upon the increased stock, to be raised by virtue of the said last-mentioned Act, shall be paid out of the annual profits of tlie said Company, shall be, and the same is hereby repealed. Sections 64 and 65 prescribe a separation of accounts in reference to tlie now obsolete distinction between territory and commerce. Copies of regulations LXVI. And be it further enacted, that from and after the passing of this Act, the said ^road, made umie^ 37 ^^^^^^ ^f Directors shall annually lay before both Houses of Parliament, together with the G. 3, c. 79; and 47 accounts directed by the said Act of the Parliament of Great Britain of the thirty-third to'beliiramm'aifj'ivitli jeai" of his Majesty's reign, and by this Act, to be laid before the said Houses by the said accomifi before Par- Court one coiiy of all the regulations made by their several governments in Intha, and transmitted to them under and in pursuance of an Act made m the tliirty-seventh year oi 53Geo. III. Cap. 155.] 177 his Majesty's reign, intituled, " An Act for the better Adniinistration of Justice at Calcutta, Madras, and llonihay, and for preventing British Subjects from being concerned in Loans to the Native Princes in India ;" and also of a certain other Act, made in the thirty-ninth and fortieth year of iiis said Majesty, intituled, " An Act for establishing further llegula- tions for the Government of the British Territories in India, and the better Administration of Justice within the same ;" and also of a certain other Act, made in the forty-seventh year of his Majesty's reign, intituled, " An Act for the better Govermnent of the Settlements of Fort Saint George and Bombay, for the Regulation of Public Banks ; and for amending so much of an Act, passed in tlie thirty-third year of his jiresent Majesty, as relates to the periods at which the Civil Servants of the East-India Company may l)e employed in their Service abroad." (1) (1) [By 3 & 4 Wm. 4, cap. 85, the Government of India alone has the power of" legislation. The enactment contained in this section is substantially continued by 3 and 4 Wm. 4, cap. 85, sec. 51.] The 67tli section refers to arrans^^ments connected with the distinc- tion, no longer existing, between territory and commerce. The object of the 68th, 69th, and 7()th, was to give the lk:)ard information and power of control in cases of mixed territorial and commercial transac- tions. Such transactions can no longer occur, and the controlling power of the Board is now general. LXXI. And whereas it is jjrovided by the saitl Act of the Parliament of Great Britain, Instciid of licing li- ef the thirty-third year of his Majesty's reign, that copies of all orders and instructions g^'^'j.j 'to""^'[urn ''"rcl which the Court of Directors or any Committee of the Court of Directors of the said posed despiiicla-s witli- Conipany shall propose to be sent to Imlia, shall be by them previously laid before the said '"'"''>'"'-'" Board, and that within the space of fourteen days after the receipt of such proposed des- patches, the said Board shall retLU'n the same to tile said (!()urt of Directors or Conmiittee of Directors, in the manner directed by the said Act: and whereas tin' said limitation of 3;^ G. .'(, c. 52. fourteen days for the return of such proposed despatches may be found inconvenient: be it therefore enacted, that so much of the said Act of the thirty-third year of his present Majesty, as requires such proposed despatches to be returned by the said ISoaul uithin fourteen days, shall be, and the same is hereby ivpealed ; and tiiat from and at'n i- the passing of this Act, it shall be sutHcient for the said Board to return all such pro])()sed despatches to the said Court of Directors, or Committee of the saiil Court of Directors, and the said Board is hereby required to return the same, with all reasonable dispatch, not exceeding two montiis. (1) (1) [ ride 3 & 4 Wm. 4, cap. 85, sec. 30.] LXXII. And whereas it is required by the said Act of the Parliament of Great Britain, rroicidlngs of the thirly-tiiird year of his Majesty's reign, tiiat various jiroceedings of the said Hoard "y'^'e S or A^i^^^^^^ of Commissioners should be signed by the Chief Secretary to the said Board ; be it enacted, nnt .'^ocri'Hiry. that fi-om and after the |)as>inij of this Act, all proceedings of tile said Hoard, to wliieli llie 178 [53 Geo. III. Cap. 155. signature of the said Chief Secretary is now by law required, may be signed either l)y such Chief Secretary, or by the Assistant Secretary to the said Boai-d ; any Act, matter, or thing to the contrary notwithstanding. (1) (1) [By 3 & 4 Wm. 4, cap. 85, sec. 30, the communications of the Board of Commissioners are to be signed by one of the two secretaries which by section 23 they are authorized to appoint.] Secret Committee not LXXIII. And be it further enacted, that from and after the passing of this Act, where to disclose despatches ^ ^^ ^^^ governments or presidencies in the East-Indies or parts aforesaid, shall, under dencies relative to war, the provisions of the said first-mentioned Act of the thirty-third year of his present IMajesty, unti^Uuthorifed by'the address any despatches to the Secret Connnittee of Directors of the said United Company, Boaid of Commission- fo,. tj^^ inspection of such Committee, the said Secret Committee of Directors shall not disclose or make known the contents of any such despatches which relate to the levying of war or the making of peace, or treating or negotiating with any of the native princes or states of the East-Indies, or other parts within the limits of the said Company's Charter, until they shall be authorized by the Board of Commissioners for the affairs of India so to do. Secret Committee to LXXIV. And be it further enacted, that instead of the oath by the said x\ct of the Par- take the following in- ij J f Q,.(^,at Britain, of the thirty-third year of his present IMajesty, required to be taken stead ot former oath. ' •' .' _ • ^ d- r-^ ■ by tlie several Directors who shall from time to time be appointed a Secret Comnuttee, they shall take an oath of the tenor following ;(1) that is to say, " I, J. B., do swear, that I will, according to the best of my skill and judgment, " faithfully execute the several trusts and powers reposed in me as a member of the " Secret Committee, appointed by the Court of Directors of the United Company of " Merchants of England trading to tlie East-Indies ; I will not disclose or make known " any of the secret orders or instructions which shall be given, communicated, or trans- " mitted to the said Committee by the Commissioners for the affairs of India, nor any " despatches communicated or transmitted to the said Committee by any of the Govern- "ments or Presidencies in India, which relate to the levying of war or the making of " peace, or treating or negotiating with any of the native princes or states of the East- " Indies, or other parts within the limits of the said Company's Charter, save only to the " other members of the said Secret Committee, or to the person or persons who shall be "duly nominated and employed in transcribing or preparing the same respectively, un- " less I shall be authorized by the said Commissioners to disclose and make known the " same. " So help me God." ( 1 ) [In connexion with this section, see 3 & 4 Wm. 4, cap. 85, sec. 35.] Kew oath of secrecy LXXV. And be it further enacted, that the Secretary of the said Court of Directors, or eniploy'ed^'i'n prepari'n^ '^'^'^ Examiner of Indian Correspondence, or any other person employed by the Secret Com- er transcribing secret niittee, in prepai'ing or transcribing any secret despatches, orders, or instructions, required to be transmitted by them to India, under tiie direction of the said Act of Parliament of Great Britain, of the thirty-third j'ear of his JVIajesty's reign, or any secret despatches received from the governments or presidencies in the East-Indies or parts aforesaid, shall, before they respectively enter upon that duty, take and subscribe, before any of the members of the said Secret Committee, an oath of secrecy, as near unto the tenor and form of the 53 Geo. III. Cap. 155.] 179 oath Iiereiii-bcforc provided aiul dirtfted to be taken by tlie members of the said Secret Committee, as the case will admit, in such manner as by the same Act of the thirty-third year of his present Majesty is required in regard to the oath thereby directed to be taken by persons employed in preparing and transcribing secret despatclies intended to be sent to India. LXXVI. And be it further enacted, that in the oath prescribed to be taken by the Title of tliis Act to Directors of the said Company, after their election, by the said Act of Parliament of Great *"-' '"sertcd "ii the- Di- Britain, of the thirty-third year of his Majesty's reign, the year and title of this Act shall be inserted, instead of tJie year and title of the said Act of tlie thirtv-third of his Majesty's reign. LXXVII. And whereas by the Charter of incorporation of the said United Company, Incas.sofequuliiy of granted under the authority of an Act passed in the ninth and tenth year of the rei^n of his "otesiiiGenfrai Courts late Majesty King William the Third, intituled, " An Act for raising a Sum not exceeding the ''q."st'ioiis"to"'l^' two millions, upon a Fund for Payinent of Annuities, after the Rate of Eio-ht Pounds ner '-■''"*'''<-''»^''i as rejected. ^ . T p ,",• 1 n' 1 1 IT X 1- •,■,.. , ' except in citses of two Centum per Annum, and lor settung the Irade to the Ji,ast-Indies, it is ordered and ap- or more candidates for pointed, that in all cases where there shall be an equality or equal number of votes in anv l''*'?' ^l''"^'' !"''-*'*''" i ' . , , ,, "i<-= ill any ,„ 1,^. (ietermuied by General Court, or in any C ourt ot Directors to be holden as aforesaid, the matter shall be '°'- determined by lots, which tlie treasurer for the said Company shall cause to be prepared and drawn for that purpose : and whereas it is expedient that such mode of decision should be no longer continued ; be it therefore enacted, that from and after tlie passing of this Act, no question in any such General Court, or Court of Directors, shall be carried otherwise than by a majority of votes ; and in all cases of an equality of votes upon any (question put in any such General Court or Court of Directors, such equality shall be deemed and taken to ope- rate as a rejection of the motion or proposition on which such question shall have Ik'cu so put : provided alwayr., that nothing heein contained shall extend, or lie ccmstriied to extend, to cases of election of any person to any office or place where there shall be more tlian one candidate for such office or place, but that in all such cases where tliere shall be an ecpiality of votes, in favour of any two or more candidates, such election may be determined by lot, in manner directed by the said Charter; anything herein-contained to the contrary notwith- standing. LXXVIIT. And be it further i-nacted, that from and after the jiassing of this Act, the Board imiy require Commissioners for tiie affairs of India, or any of the oflieers of the lioaril of Connnissioners "fcoiints.absti-.icis.nnd for the affairs of India, by the order and authority of tiie said Board, shall not only have pared by tlie Directors, free access to the books, papers, letters of correspondence, evidences, and other recorils of the said Company, and be assisted in their searches for the same, anil furnished with copies or extracts, in the manner prescribed by the .said Act of the Parliament of Great Britain of 33 g. 3. c. 52. tlic thirty-third year of his Majesty's reign, but shall and may call for, and direct to be ])re- })arcd, all such account.s, statements, and abstracts, relating to the afl'airs of the said Com- pany as the said Board shall think lit ; and tiie said Court of Directors shall, with all reason- able dispatch, cause to be jirepareil and transmitted to the said Board all such accoimts, statements, and abstracts, as the said Board shall so direct to Ik- jirepared. LX.XIX. And whereas by the .said Act of tiie Parliament of Cireat Britain, of the thirty- Proceedings at the third year of his Majesty's reign, it is enacted, that the several orders and i)roeeedings of the V'*'*''"""'''^'' -'" '"^ 1> • 1 • e I-- .' nr-ii' -n . c. /t I I. I 111.,^ , . si.uned by the princlpnl 1 rcsitlencies ot rort William, l. • ■ , . . 1 ^ " , ., scnce of the chief 8(S pre^ideiuy, iiy the autiiority ot the Goveriior-g^neral in Council or Governors in Council, eretiiry. A 180 [."JS Geo. III. Cap. 155. 33 G. 3, c. 52. as the case may be ; and whereas inconvenience may arise to the public service, unless some other person, besides such chief secretary, be authorized to sign such orders and proceedings; be it therefore further enacted, tiiat all such orders and proceedings of the several govern- ments and ]iresidencies in the East-Indies, and parts aforesaid, shall or may previously to their being published or put in execution, be signed in manner aforesaid, either by the chief secretary to tlie government of the said presidencv, or in the absence of such chief secretary, by the principal secretary of tlie department of such presidency to whicli sucli orders and proceedings relate; anything to the contrary notwithstanding. (1) {!) [Vide Acts of Government of India, No. 2 of 1834, in Ap- pendix.] Vacancies of Cover- LXXX. And l)e it further enacted, tliat from and after tlie passing of this Act, all erT-in-X'f, tobe^filleil ^'^'^''^'ities whicli >liall happen in tlie office of Governor-general of Fort William, or of Gover- up liy ttic Court of Di- nor of either of tlie Company's presidencies or settlements of Fort Saint George, or Bombay, Jl^ijesty'rapproba'tion''. °'' °^ Governor of the forts and garrisons of Fort William, Fort Saint George, or Bombay, or of Commander-in-chief of all tlie forces in India, or of any provincial Commander-in- cliit'f of the forces there, shall be filleil up and supplied by the Court of Directors of the said United Company; subject nevertheless to tlie approbation of liis Majesty, to be signified in writing under Iiis royal sign manual, countersigned by the President of the Board of C'om- missioners for tlie affairs of India: provided always that nothing herein contained shall extend, or be construed to extend, to take away or affect the power of the said Court of Directors, to remove or recall any such Governor-general, Governor, or Commander-in-chief; Not to iiftect the but the said Court shall and may at all times have full liberty to remove, recall, and dismiss recall " "^'^'^ °'^ '° ^"J ^""^'^ Governor-general, Governor, or Conmiander-in-chief, at their will and pleasure, in the like manner as if this Act had not been made. (1) (1) [F/f/e 3 and 4 Wm. 4, cap. 85, sees. 42, 58, and 75. By sec. 58 of that Act the power of the Court is extended to the newly constituted Government of Agra ; but by 5 & 6 Wm. 4, cap. 52, authority was given to suspend the creation of that government, and it has accordingly been suspended.] Vacancies in India LXXXI. And be it farther enacted, that from and after the passing of this Act it shall to be "ppiic''l'b • tl°e ""* '"^' ''''''*"^ ^"'' ''"^ ""'"'^ ^'°"^"' °*' ^'■■'^'^tors, either provisionally or otherwise, to nominate Directors without the o'" appoint any person to succeed to any office or emjiloyment in the civil or military establish- Bmni.''''"" "' """ i^^entf. of the said Company in the East-Indies, or parts aforesaid, without the approbation of the said Board of Commissioners, other than and except as aforesaid : provided always, that nothing herein contained shall prevent or hinder the said Court of Directors from nominating or appointing absolutely or provisionally such persons as they may think fit to the offices of member of council, genei-al officer on the staff, advocate and attorney-general, attorney at law of the said Company, or chaplain at the several presidencies or settlements, or to any offices or employments in the civil or marine establishments of the said Company, which may be and usually liave been supplied by persons not having been covenanted servants of the said Company previously to their nominations or appointments, nor to prevent tlie said Court of Directors from nominating or ajjpointing writers, cadets, or assistant surgeons, in such man- ner as they have heretofore been used or accustomed to do. 53 Geo. III. Cap. 155.] 181 LXXXII. And whereas a stiict adherence to the provisions contained in the said Act Provisions of 33 G. 3, made in the thirty-tliird year of his present Majesty's reign, in respect to tlie filHng up and ^rtodsTf'servl'ce ne! suj)plvino- vacancies in the civil service of the said Company lias been found impracticable, cessary for (niiilifica- • 1 " I , • !_ X ^1 11* ■ • • * 1.U • t* 1 ■ 1 *A • .■ tioii of civil orticers without detriment to the public service, or injury to the just claims and meritorious exertions modified, fi.-. pluccs of of individuals; and whereas a modification of the said Act has been in part adopted in the ">""' than i.l..j()i) per . «,/. ipi* ^ nr ■ ^ ix'xi 11 1 1 TT/.1 annum niav l»o civen Act of the forty-seventh ot his present Majesty, relative to the scliolars educated at Hertford „fter four years' ser- CoUege; (1) be it tlierefore enacted, that from and after the passing of this Act, any office, '■'"^'' '" '"'''"• P'"f<;' place, or enijiloyment, the salary anil perquisites whereof shall exceed the sum of fifteen hun- per annum after seven dred pounds, may be granted to am! conferred upon the said servants who shall have been Ji','".^ ,|/a"' £ro('i()' °l actuallv resident in India in the said Company's service for the space of four years at the annum (cnclmlin;; the least in the whole, antecedent to such vacancy ; and if the salary, perquisites, and emoluments years^' of anv office, place, or employment, shall exceed the sum of three thousand pounds jier annum, such office may be conferred upon any of the said servants who shall have been actually resident in India seven years at least in the whole; and if the salarv, pertjuisites, and einohmiciits of any office, place, or employment, shall exceed four thousand jwunds per annum, such office, including that of the Council, may be granted to or conferred upon any of the said servants who shall have been aetually resident in India in the Comjiany's service for the space of ten years at the least in the whole. ('!) (1) [P'lirther modification in 10 Geo. 4, cap. 16, sec. 2.] (•2) [See, as to JNIembers ot'the Council of India, .3 c^' 4 ^^'m. 4, cap. 85, sec. 40.] LXXXIII. And whereas by a certain Act, made in the fifty-first year of his Jlajesty's Restoration of ser- reign, intituled, " An Act for making further Provision for the Payment of Salaries, and ^'"""' *"''' 'ft '"'''" " _ _ '^ .... , . tary, suspcndfu or re- Other Charges in the office of the (Jomniissioners for the Affairs of India; and for enabling moved by thf Govern- the East-India Company to restore to the service of the said Company military officers IIIf"^iif wuhou""coi° removed therefrom by Sentences of Courts ^Martial ; and to authorize the said Company, in si^nt of the Hoard, cases of unforeseen Kmergency, to take up Ships i)y private Contract ;" it was declared and • ■ > • enacted, that it was lawful for the Court of Directors of the said United Company, to restore to the service of the said Company any military officer who slioidd have been or should be dismissed or sus])ended therefrom by the sentence of a court-martial, provideil that no such restoration should be in anyways valid or effectual, without the approbation and consent of the IJoard of Commissioners for the afiairs of India, for that purpose had and obtained : and whereas it is expedient that the restoration by the said Court of Directors to the .service of the .said Company, of such of the said Company's servants, civil and military, as shall be susjK>nded by the authority of any of the governments or presidencies of the said Com- pany in India, and also that the restoration to their former stations of officers civil and mili- tary, removed by the like authority, should be subject to the like approbation and consent of the said Board of Commissioners ; bo it therefore further enacted, that from and after the passing of this Act no restoration by the said (^ourt of Directors, to the service of the said Coni])any, of any servant of the said Company, civil or niilitarv, who shall have been sus- pended by the authority of any of the said Company's governments or presidencies in the East-Indies, or jiarts aforesaid; and no ri toration by the said Court of Directors to his station, office, or enijilovnient in the service of the said ( 'onipanv of any olticir nf the said C'om- ])any, civil or iiiilit:iry, who sli;ill li.iw b;vn reiiiovrii liuTrrroni \)\ tlu' like aiilhoril v, shall b.? valid or effectual, without the M))])rob:ition ami consent of the s.tid Hoard of ( 'onnnissioners, for that purjio.se first had and obtained. 182 [53 Geo. III. Cap. 155. Certain officers may return to India, after five years'absence, with consent of the Direc- tors and tlie Board, thougli tlieir absence may not have been oc- casioned by sickness, infirmity, or inevitable accident. L XXXIV. And wliereas by the said Act of Parliament of Great Britain, of the thirty- third year of his Majesty's reign, it is enacted, that no person who shall liold a military station in the service of the said Compan}-, being under the rank of Commander-in-chief of the forces, and who having departed from India by leave of the Governor-general in Council, or Governor in Council, shall not return to India ivithin five years next after such departure, shall be entitled to any rank, or be capable of again serving in India, either in the European or native corps of troops, unless it shall be proved to the satisfaction of the said Court of Directors, and the Board of Commissioners for the affairs of India, that such absence was occasioned by sickness or infirmity, or some inevitable accident : and whereas inconvenience to the military^'service of the said Company has been found to arise, in certain cases from the said provision ; be it therefore enacted, that it shall and may be lawful for the said Court of Directors, with the approbation of the said Board of Commissioners, to permit any mili- tary officer, beinn- of the rank of a general officer or colonel connnanding a regiment, or being a lieutenant-colonel commandant of a regiment, who, having departed from India ^^■ith such leave as aforesaid, shall not have returned to India within five years from the time of such departiu-e, to have his rank and to be capable of again serving in India, although such absence may not have been occasioned by sickness or infirmity, or any inevitable accident, any thino-inthe said Act contained to the contrary notwithstanding. Restored civil ser- vants to take prece- dence according to their seniority at the time of their departure from India. LXXXV. And be it further enacted, that when and as often as any person having held any civil station in India, in the service of the said Company, and having departed from India by leave of the Governor-general in Council, or Governor in Council, shall be restored to the said Company's service, after an absence of five years from the time of such departures such person from and after such restoration, sliall take rank and precedence only according to the time he shall have passed in the service of the said Company at the period of his departure from India ; and on his return to India, if any other civil servant or servants at the settlement to which he shall belong, shall have then passed a greater or the like length of time in the ser- vice of the said Company, as the person so restored had p:.ssed when he left India, the person so restored shall be placed and take rank innnediately below such other civil servant or ser- vants ; any matter or thing to tlie contrary notwithstanding. Servants of the Com- pany maybe apponited thirty-thn-d year of his present Majesty s reign, to Boards, Courts, or . " ^ . . ,, .'-.,. i '..i. i other official establish- said United Company in India, under ttie rank ments, though they do not take precedence accordin.; to seniority of services. LXXXVI. .4nd whereas by the said Act of the Parliament of Great Britain, of the it is enacted, that all the civil servants of the ik or degree of Member of Council, shall have and be entitled to precedence in the service of the said Company, at their respective stations, according to the seniority of their appointment : and whereas the several governments of the said Company are often prevented from appointing meritorious servants of the said Company to be members of courts, boards, and other official establishments, where offices or employ- ments are exercised by several servants of the said Company collectively, lest by such appoint- ment one or more members of such court, board, or other establishment should be superseded; be it therefore enacted, that it shall and may be lawfid for any Governor-general or Governor in Council of the said Company, if he shall think j^-oper, upon application in writing for that purpose by any civil servant of the said Company desirous of being appointed a member of any such court, board, or other establishment, by special order to direct that such servant of the said Company, on being appointed to any office or employment in any such court, board, or other establishment, shall take precedence at or in such court, board, or other establish- ment, according to the seniority of his appointment as a member of such court, board, or other establishment, although such civil servant in respect of whom such order shall be made may 53 Geo. III. Cap. 155.] 183 thereby not take precedence at or in such court, board, or otlicr establishment, accordinj:^ to the seniority of his appointment to the service of the said Company ; and sucli civil servant shall thereupon take precedence at such court, board, or other establishment accordingly, the said Act or any other matter or thing to the contrary notwithstanding. LXXXVII. And whereas it is expedient, in the present circumstances, that the number of Payment for Kmg's , . 1 11111 !• 1 • • r 1 troops hv the Com- his Majesty's forces, for which payment should be made out ot the revenues ansmg from the p^^y „ot' «, exceed British territories and possessions in the East-Indies should be ascertained and fixed, be it 20,0()0 men, unless . . /• 1 /!•.£• T !• greater number sent on therefore enacted, that it shall not be lawful for the Commissioners for the aftairs oi India to their requisition. give or approve orders or directions, that there shall be paid, defrayed and allowed, out of the revenues arising from the said territories and possessions, in respect of his Majesty's forces sent or to be sent to the East-Indies or parts aforesaid, for the security of the said territories and possessions, any sum or sums of money, in respect of any greater number of his Majesty's forces, than shall amount in the whole to twenty thousand men, including the commissioned and non-commissioned oiticers ; unless any greater number of his Majesty's forces shall be sent to the East-Indies or parts aforesaid, on the requisition of the said Court of Directors ; in which last case it shall and may be lawful for the said Commissioners to give and approve such orders and directions, for paying, allowing, and defraying such sums aforesaid, in respect to such ad- ditional forces of his Majesty so to be sent on the requisition of the said Company. (1) (1) [F/fZe note on 28 Geo. 3, cap. 8. sec. 2,] LXXXVIII. And whereas by the said Act of the Parliatnent of Great Britain of the ^'^ Rratuity above thirty-thiril year of his present Majesty, it was enacted, that no grant or resolution of the said icss ronfinnoa by' the Company, or their Court of Directors, to be made after the passing of that Act, and during I^"'"''^- the continuance of their right in the exclusive trade thereby granted, whereby the funds of the said Company might become chargeable with any new salary, or increase of salary, or any new or additional establishment of officers or servants, or any new pension or increase t)f pension, to any one person, exceeding two hiuidred pounds jier annum, shoiiUl be available in law, unless such grant or resolution should be approved and confirmed I)y the Board of Commissioners for the afl'airs of India, attested under the hand of the President of the said Board : and whereas, for further protecting the funds of the said Company, during the continuance of the further term hereby granted to the said Company, it is expedient that the said Coin|)any should be put under reasonable limitations, in respect to the granting of gratuities; be it therefore further enacted, that from and after the passing of this Act it shall not be lawful for the said C'oiu-t of Directors to charge the funds of the said Company witli the j)ayment of any gratuity to any officer, civil or military, or other person, exceetling the sum of six hundred pounds, unless the grant or resolution for that purpose shall have been sanctioned by the Cotu-t of Pi-oprietors, and approved and confinned by the Board of Commissioners for the affairs of Intlia ; and that copies of all warrants or iiisti iniients granting any salary, pension, Coiiics of grants of or gratuity, shall be submitteii to both Houses of Parliament, within one month afier mkIi grant, if Parliament shall bo then >it(iiig. ur if not, within one month after tiiL-ir tluii next meeting. (1 ) annuities to ho hiiil be- fore Parliament. (1) [The .^.'j Geo. 3, cap. 64, was passed to explain antl amend (his section. Tliat Act precludes the Company, or Court oi" Directors willi the sanction of the CoinM, of Proprietors, from charuini;' their funds 184 [53 Geo. III. Cap. 155. with any gratuity without tlie approval and confirmation oi" the Board. The 3 & 4 Wm. 4, cap. 85. sec. 25, subjects all grants and payments of money to the control of the Board, with the exception, under section 37, of the details of the home establishment.] LXXXIX. And wliereas by a certain Act, passed in tlie tliirteentli year of liis present 13 G. 3, c. 63. Majesty's reign, intituled, " An Act for establishing certain Regulations for the better Manage- ment of tlie Affairs of the East-India Company, as well in India as in Europe," it is enacted, For repealing parts of that the salaries of the Governor-general and Council of Fort William, and of the Chief Acts respecting the Justice and Judijes of the Supreme Court of Judicature at Fort William in Benoal, shall take commencement of cer- . .... Tain salaries, and di- place and conunence, in respect to all such persons who shall be resident in Great Britain at ment" Uiereof^mul'foi- ^^^'^ '''""^ "^ tiieir aj)pointment, upon and from the day on which such persons shall embark payment of passage from Great Britain ; and that the salaries of all such persons who shall at the time of their cers. ^ t !" 1 - appointment be resident in India, shall commence from and after their respectively taking ujion them the execution of their offices : and whereas by an Act passed in the fortieth vear of Jiis 39 & 40 G. 3. c. 79. Majesty's reign, intituled, " An Act for establishing further regulations for the Government of the British Territories in India, and tlie better Administration of Justice within the same," a similar provision is made in respect to the salaries of tiie Chief Justice and Judges of the Supreme Court of Judicature at Madras : and whereas by an Act passed in the thirty-seventh 37G. 3, c. 112. year of his Majesty's reign, intituled, "An Act for the better Administration of Justice at Calcutta, Madras, and Bombay, and for preventing British Subjects from being concerned in Loans to the Native Princes in India," a similar provision is made in respect to the salary of the Recorder of the Court of Judicature at Bombay : and whereas no such provision has been made i-especting the commencement of the salaries- of the Governor or Council of Fort Saint George, or of the Governor or Council of the town and island of Bombay, or of the Governor of I'rince of Wales' Island, or of the Recorder there : and wliereas it is expedient that a general and moderate provision should be made in respect of all the said ofKcers and of others who may happen to be in the United Kingdom at the time of their appointments ; be it therefore fiu'ther enacted, that so mucii of the said Acts of the thirteenth, thirty-seventh, ami fortieth years of his Majesty's reign, as relates to the commencement of salaries, shall be and the same is hereby repealed : and that from and after the passing of tliis Act, the salaries of the several officers herein-before mentioned shall commence from and after their respectively taking upon them the execution of their offices ; and the said Court of Directors shall and they are hereby recpiired to pay and advance to all and singular the officers and persons herein-after mentioned, who shall be resident in the United Kingdom at the time of their respective appointments, for the purpose of defraying the expencesof their equipments and voyage, such sums of money as are set against the names of such officers and persons respectively, that is to say. To the Governor-general of Fort "William, in Bengal (1) ... Five thousand pounds : To each of the Members of Council there (2) ... One thousand two hundred pounds : To the Commander-in-chief of all the forces in India Two thousand fivehundred pounds : TotheChief Justiceof theSupremeCourtatFortWilliam One thousand five hundred )xninds : To each of the Puisne Judges there ... ... ... One thousand pounds : To the Governor of Fort Saint George (3) ... ( Varied by 3 k 4 Wm. 4, cap. 8-5 ) To each of the IMembers of Council there ... ... ... One thousand pounds: To the Commander-in-chief there ■.. ... ... Two thousand pounds: 53Geo. III. Cap. 155.] 185 To the Chief Justice of the Supreme Court there One thousand two hundred pounds: To each of the Puisne Judges there ... ... ... One thousand pounds: To the Governor of Bombay (•!•) ... ... Two thousand five hundred pounds: To each of the Members of Council there ... ... ... One thousand pounds : To the Commander-in-chief there ... ... One thousand five hundred pounds: To the Recorder there (5) ... ... ... ... ... ... (See note) To the Governor of Prince of Wales' Island ... One thousand two hundred pounds : To the Recorder there ... ... ... ... ... One thousand pounds : To the Bishop (6) ... ... ... ... One tliousand two hundred pounds : To each of the Archdeacons ... ... ... ... Five hundred jxiunds. (1) [Re-enacted, as to the Governor-general of India, by 3 & 4 Wm. 4, cap. 85, sec. 76.] (2) [Extended to Members of the Council of India, by Act and section quoted above.] (3) [By 3 & 4 Wm. 4, cap. 85, sec. 76, reduced to two thousand five hundred pounds.] (4) [Re-enacted by 3 & 4 Wm. 4, cap. 85, sec. 76.] (5) [There is no longer a Recorder of Bombay ; a Supreme Court having been erected by 4 Geo. 4, cap. 71. By that Act (sec. 12) the allowance for passage-money to a Chief Justice is fixed at one thousand two hundred pounds j and that to a Puisne Judge, at one thousand pounds.] (6) [This allowance is for the Bishop of Calcutta. The 3 & 4 Wni. 4, cap. 85, authorized the erection of two new sees, Madras and Bombay ; and the allowance to the Bishops of those sees for passage-money is fixed, by section 91 of that act, at five hundred pounds.] XC. And wlicreas by an Act passed in the fifty-first year of his ]\Iajcsty's reign, intituled, Adiliiioiml provision " An Act for making further Provision for the payment of Salaries and other Charges in the '"J ""^ ?'",''''■' n ""l! _ o . . I'lmiges of the Board Oflice of the Commissioners for the Affairs of India, and for enabling the East-India Company of Control, to restore to the service of the said Company Military Officers removed therefrom by sentence of Courts Martial, Jinil to autliorize the said Company, in cases of unforeseen emergency, to take up sliips by Private Contract," it is enacted tliat the whole of tlie salaries to be paid to tlie mcMibers of the said Board of Coinmissioiicrs for the affairs of India, and to the secretaries and odicirs of the same, together witli all other contingent charges and expenses of the said Board to lie defrayed bythe said United Company, should not exceed tlie sum of twenty-two thousand jioiukIs in any one year : and whereas it is necessary that an addition should be niatle to the said sum, for the purpose of further remunerating the services of the secri'taries and officers of tlie said Board : be it therefore enacted, that so much of tiie said Act as limits the sum to be defrayed by the said Company on account of the said Board, to the sum of twenty-two thousand pounds in any one year, shall be, and the same is hereby repealed ; and 2b 186 [53 Geo. III. Cap. 155. that from and after the passing of this Act, the sum to be defrayed by the said Company, on account of the said Board, shall not exceed the sum of twenty-six thousand ]Dounds in any one year;(l) and that the same shall be deemed and taken as a part of the political charges of the said Company. (1) [By 3 & 4 Wm. 4, cap. 85, sec. 6, the Board are empowered to make a temporary increase upon the sum above-named for the pay- ment of such additional officers as might be necessary during the winding-up of the commercial concerns of the Company ; but section 110 prohibits any permanent increase.] His Majesty empow- XCI. And whereas it is reasonable that his 3Iajesty, his heirs or successors, should have ered to grant superan- p^^yg^ jq grant allowances, compensations, remunerations, or superannuations, to the secre- of the Board of Con- taries and other officers of the said Board, under the conditions herein-after provided; be it ^^°^' therefore enacted, that it shall and may be lawful to and for his jNIajesty, his heirs or succes- sors, by any warrant or warrants, under his or their sign manual, countersigned by the Chan- cellor of the Exchequer for the time being, to grant or allow to any of the secretaries or officers for the time being belonging to tlie said Board, such allowances, compensations, remu- nerations, or superannuations, as his ]\Iajesty, his heirs or successors, shall think proper ; under and subject nevertheless to such or the like conditions, and in such or the like proportions, as allowances, compensations, remunerations, or superannuations, may now be made to public officers by virtue of an Act passed in the fiftieth year of his present Majesty's reign, intituled, 50 G. 3, c. 117. «' An Act to direct that Accounts of increase and diminution of Public Salaries, Pensions, and Allowances shall be annually laid before Parliament, and to 'regulate and control the grantin"- and paying of such Salaries, Pensions, and Allowances ; " and that the same shall be paid and defrayed quarterly by the said Company, and be deemed and taken as part of their political charges. Previous service to XCII. Provided always, that where any officer or servant of the said Board shall have been be taken into account • ^j^g service of the said Company, previously to his employment under the authority of the forotficersoftlieBoard. i i • i ,-, , n i • said Board, the time of such service under the said Company shall be taken into account, m computing the number of years service under the said Board. Court of Directors XCII I. And whereas it is reasonable that the said Court of Directors should have power empowered to grant j^ .jj,^j allowances in the nature of superannuations, to such of their officers and servants in superannuations to° "^ ipi -ri-i Company's servants in England as from age or infirmity may no longer be qualified for the execution of their several England. offices or employments ; be it therefore enacted, that it shall and may be lawful to and for the said Court of Directors, to make allowances, compensations, remunerations, or superannua- tions, to the officers and servants of the said Company in England ; subject to the restrictions and according to the conditions and proportions following ; (that is to say), where it shall be proved to the satisfaction of the said Court of Directors, that any such officer or servant, being under sixty years of age, shall be incapable, from infirmity of mind or body, to dis- charge the duties of his office, in such case, if he shall have served with diligence and fidelity in the service of the said Company for ten years, it shall and may be lawful to grant him by way of superannuation, any annual sum not exceeding one-third of the salary and allowed emoluments of his office : if above ten years and less than twenty, any such sum not exceed- ing one half of such salary and allowed emoluments : if above twenty years, any such 53 Geo. III. Cap. 155.] 187 Slim not exceeding two-thirds of such salary and allowed emoluments : if such officer or servant shall be above sixty years of age, and he shall have served fifteen years or upwards, it shall and may be lawful, without proof of infirmity of mind or body, to grant him, by way of super- annuation, any annual sum not exceeding two-thirds of the salary and allowed emoluments of his office : if sixty-five years of age or upwards, and he slnill have served forty years or up- wards, any such sum not exceeding three-fourths of such salary and allowed emoluments : if sixty-five years of age or upwards, and he shall have served fifty years or upwards, any such sum not exceeding the whole of such salary and allowed emoluments : all which allowances so to be made shall be charged in the books of account of the said Company to the debit of that branch of the Company's affairs (1) to which the said officers or servants may respectively belong ; anything in the said Act of the thirty-third year of his Majesty's reign to the con- trary notwithstanding. (1) [This refers to the distinction between territory and commerce, which no longer exists. The 3 & 4 Wm. 4, cap. 85, made special pro- vision in section 7, for compensation to servants, their widows, or children, whose interests were affected by the discontinuance of the Company's trade.] XCIV. Provided always, and be it further enacted, that an account of all allowances, com- Account of superan- pensations, remunerations, and superannuations, which shall be granted, cither to the officers fo""p"rii'amont.'"*' ""^ or servants of the saiil Board of Connnissioners, or to the officers or servants of the said Com- pany, as aforesaid, during the j)receding year, shall be laid before Parliament within fifteen days after the next meeting thereof. XCV. Provided always, and be it further enacted, that nothing in this Act contained sluill Act not to prejudice extend, or be construed to extend, to |)rejiidice or affect the undoubted sovereignty of tlie Crown or'„rt"c? rfglitV'onhe of the United Kingdom of Great Britain and Ireland, in and over the said territorial acqui- Company, sitions, nor to preclude the said United Company, after the determination of the term hereby granted, from tile enjoyment of, or claim to, any rights, franchises, or immunities which they now have, or to which they may hereafter be entitled. XC VI. And whereas doubts have been entertained whether the several governments of the The Covenimcnts in said Company have sufficient power in all cases to make laws and regulations and articles of ^^"^i^'^ ''11^^"^ '^rcRulo- war, for the order and discipline of officers and soldiers, being natives of the East-Indies, or liuns, and artidis o( 1 1 • 1 • 1 !• • f 1 • 1 /-, . ^,1 • I • 1? »i • I r< wai-, for the rnitire other ])laces within the limits ot the said Company s Charter, in the service ot the said Lorn- ,ro,||,<,. .md to hold paiiy,and for the administration of justice by courts martial to be holden upon such officers y certinrari, and into the said Courts of Oyer and lermmer and Gaol Dehvery respectively, in tlie same subject to provisions of manner, and upon the same terms and conditions, and shall be proceeded upon in the same ^^ G. 3, c. 52. manner in every respect as is directed in the said Act of the thirty-third year of his Majesty's reign, with regard to other convictions before Justices of Peace in the British settlements or territories in India : provided also, that nothing herein contained shall extend or be construed to extend, to prevent such magistrate from committing or holding to bail any British subject, charged with any such offence before him, in the same manner as such British subject might have been committed or holden to bail if this Act had not been passed, where the offence charged shall appear to such magistrate to be of so aggravated a nature as to be a fit subject for prosecution in any of his Majesty's Courts to which such British subject may be amenable. (1) IVide Acts of Government of India, Nos. 8 and 24 of 1836, in Appendix.] CVI. And be it further enacted, that in all cases of debt not exceeding the sum of fiftv Justices of the Peace ,,,,,„ T> • • 1 , • • r T J- • 1 • 1 to have jurisilictioii in rupees, iUleged to be due from any Britisli subject to any native ot India resident in the ^^sei of small debts East-Indies or parts aforesaid, and without the iurisdiction of the several Courts of Request ')"?.'° natues from I ' J * ijritish siibiects. established at Calcutta, Madras, and Bombay respectively, it shall and may be lawful for the magistrate of the zillah or district wiiere such British subject shall be resident, or in which such debt shall have been contracted, to take cognizance of all such debts, and to examine witnesses upon oath, and in a summary way to decide between the parties, which decision shall be final and conclusive to all intents and purposes ; and in all cases where any such tlebt shall he found to be due from any British subject to any such native of India, the amount thereof shall and may be levied in the same manner, and subject to the same regidations and provisions, in respect to the commitment of the debtor, as arc herein-before made and provided in respect to the levying of fines in case of the conviction of a British subject before such magistrate. (1) (1) [Repealed as to debts due from officers and soldiers being Bri- tish subjects by 4 Geo. 4, cap. 81, sec. 57. For the mode of proceed- ino- for tlie recovery of debts not exceeding 400 rupees from persons subject to tlie East-India Mutiny Act, wlien serving beyond the juris- diction of the Presidency Courts of llequcsts, see 3 and 4 Vict. cap. 37, sec. 54. In reference to civil proceedings against British subjecis generally, see Acts of Government of India, Nos. 11 and "24 of lM3(i, in Appendix.] C\TI. And licit further enacted, tliat all Ibitish subjects of his Majesty, as well the ser- nritisli siibjeeis, re- vants of the said United Company as otiiers, wlio shall nside, or >\va\\ carry on tradi' or other '•'"''"K .'"' jrading. or , . 1 11 1 • 1 • • • 1 ■ occnpviiiB imniovonMe business, or shall be m tlie occupation or jiossession of .in\ iiinnovr.iblc ])r(i]Kilv in .iiiy |).irt propiMiv. ten mile* 2c' 194 [53Geo. III. Cap. 155. from the presidencies, of the British territories in India, at the distance of more than ten miles from the several to be subject to the prpgiflencies of Fort Wilham, Fort Saint Georee, and Bombay respectively, sliall be subject local civil judicature. 1 iii.i • ^i to the jurisdiction of all Courts which now have, or hereatter may have, cognizance of civil suits or matters of revenue, either originally or by way of appeal, witliin the districts or places where such British subject shall so reside, or carry on trade or business, or possess or occupy immoveable property, in all actions and proceedings of a civil nature, and in all mat- ters of revenue (except as herein-after excepted), in the like manner as the natives of India, and other persons not British subjects, are now liable to the jurisdiction of such Courts by and under the regulations of the several governments of Fort William, Fort Saint George, and Restrictions as to the Bombay respectively: provided always, that no British subject shall be liable to be sued in grounds of jurisdiction ^^^ g^,(.]^ Court in respect of residence, unless he shall have his residence within the iurisdic- of the local judicature. -, „,./. .i .■ t -i- ii tion thereof at the time or commencing the action or proceeding against him ; or that the cause of suit shall have arisen within the jui-isdiction of tiie said Court, and the suit shall be com- menced within two years after the cause thereof shall have arisen, and also within six months after the defendant shall have ceased to reside within such jurisdiction ; nor shall any British subject be liable to be sued in any such Court in respect of his carrying on trade or business within the jurisdiction thereof, unless the cause of suit shall have arisen within such juris- diction, and shall relate to the trade or business so carried on ; nor to be sued in respect of any immoveable property possessed or occupied by him, unle.ss such property shall be situated within the jurisdiction of the Court in which he shall be so sued, and such suit shall be brouo-ht to recover the possession or occupation of such property, or for rent, or other demand arisino- out of the possession or occupation of such property by such British subject : pro- Where an appeal vided also, that where by the laws or regulations in force, or hereafter to be in force, within would lie to the Suddcr j],g provinces resiiectivel}' subject to the governments of Fort William, Fort Saint George, and Dewanny Adawlut, or ' . , . i i i , - n t ■ i .. i c local Court, British Bombay aforesaid, it would be competent to a party to any hnai judgment or decree ot any subjects may appeal to c,,v,(j,.ti;nnte. civil, or revenue Court of Judicature, to appeal therefrom to the Sudder Dewanny his Majesty's Courts. j j .,...,., . . , Adawlut, or other Court however denominated, exercising witliin those provinces respectively the hio-hest appellate jurisdiction in civil suits, it shall be competent to British subjects of his Majesty, in suits commenced against them under the provisions of this Act, instead of appeal- ino- to the said Sudder Dewanny Adawlut, or other Courts so exercising the highest appellate jurisdiction as aforesaid, to appeal to the Supreme Court of Judicature at Fort William, or Fort Saint George, or the Recorder's Court at Bombay, according as the suit may have been commenced in the provinces subordinate to either of the said presidencies ; and such Court shall have the same powers as to suspending or allowing execution of the judgment or decree api^ealed aoainst, and as to taking security for costs, or for the performance of the decree or iudo-ment of the said subordinate Courts, as the said Sudder Dewanny Adawlut or other such Court as aforesaid would have had, and shall also make rules of practice for the conduct of tlie said appeals, in all other respects conforming in substance and effect as nearly as possible to the cour.se of procedure of the said Sudder Dewanny Adawlut, or other such Court as Not to bar the juris- aforesaid in cases of appeal : provided also, that nothing herein contained shall extend, or be dicion of tlie King's construed to extend, to take away the jurisdiction of the said Supreme Courts of Judicature at Fort William and Madras, or the said Recorder's Court at Bombay respectively ; but that The plaintiff may sue all persons having cause of action against any British subject may, at their election, instead there at his election. ^^ suin>T in such provincial Courts as herein-beforc provided, commence and prosecute their said suits in the said Supreme Courts of Judicature, and the said Recorder's Court respectively, in the same manner as before the passing of this Act: provided also, that nothing herein con- tained shall extend, or be construed to extend, to authorize the holding or occujiying of any land or other immoveable property, beyond the limits of the said several presidencies, by any 53 Gko. III. Cap. 155.] 195 British subject of his Majesty, otherwise than iiinkr aiul according to the permission of the Governments of the said presidencies. (1) (1) [ Vide Acts of Government of India, Nos. 8, 1 1, and 24, of 1836, in Appendix.] CVIII. And be it further enacted, tliat every British sid)ject of Iiis Majesty, not in the British subjects al- service of his said Majesty, or of the said United Company, who, after the tenth day of Ai)ril '','"''' '" '''''.';'* '?°'''^ one thousand eight hundred and fourteen, sliall go and reside in any part of the Britisli presidency, slmll pro- territories in India, distant more than ten miles from the presidency to which the same shall ficatc^'of Tifc'h'perm^s- be subordinate, with the permission of the government of such presidency, or who shall, after sioni" the Court of tbe the said day, change his residence from one part thereof to another, distant as aforesaid, with such permission, shall procure from the chief secretary (1) of the said government or other officer authorized for that pur])ose, a certificate signed by the said chief secretary or other officer, expressing that such British subject has the permission of such government to reside at such place, specifying the same, and expressing also whether such permission has been granted during the pleasure of such government or for any limited time ; and the said cer- tificate shall be deposited by such British subject in the civil Court of the district in wiiich and suins in any civil he shall so go to reside, within one month after his taking up his residence there, and shall copyofsudi'ccr'tlficate' be kept among the records of the said Court, of which certificate so deposited, a true copy or an affidavit account- attested by the judge [or other officer of such Court thereto autiiorizcd, sliall be given to the '"'"' "' ""' ' '"" '^' party depositing the same, and shall be deemed and taken in all Courts of Justice, and on all occasions whatsoever, to be good and sufficient evidence of such certificate, unless the con- trary shall be shewn : and no British subject not in the service of his ]\Iajesty, or of the said United Company, going to reside in any such part of the British territories, or chnnging his residence from one part thereof to another, after the said day, shall be allowed, wiiile he so resides, to have or maintain any civil action or proceeding (other than in the nature of an appeal) against any person whomsoever in any Court of civil jurisdiction within the British territories in India, until he sliall have filed, in the Court in whieii such action or proceeding is commenced, a co[)y of such certificate siL;ned by the Judge of the Court wherein the same is deposited ; or an afiidavit accounting to the satisfaction of the Court for not filing the same ; and if it sliall be ])roved to the Court in wliicii such action is brought that such British sidiject is residing at any place within the said territories, distant more than ten miles from the presidency to which it is subordinate, without such certificate or otherwise than according to the jiermission contained in suc:li certificate, or tiiat such per- mission has been revoked, or that, being for a limited time, it has exiiired and has not been renewed, and that such British subject is therefore residing without permission at more than ten miles distance from such presidency, such British subject shall thereupon be non- suited. (2) (1) [See Act of Government of India, No. 2, of 1834, in iVjjpendix.] (2) [Now applicable only to flio.se parts of India not opened to IJritisli subjects inider 3 & 4 Wm. 4, cap. 85. See note on section 3().] CIX. And whereas doubts have hcvn entertained whether persons being natives of India, N'ntivcs of ruiiln in in the service of the United Ccmipany of Mercliants of England trading to the Kast-lndics, 'Id", j'^V'ti "^|^r"wS or of any of his Majesty's subjects, are amenable to the jurisdiction of the provincial Couils Court«. 2c2 196 [53 Geo. III. Cap. 155. established in the East-Indies, or whetlier such persons being natives of India, in the service of the said United Company, or of his Majesty's subjects, are not exclusively amenable to the jurisdiction of the said Courts at Fort William, Madras, and Bombay respectively, and it is expedient that such doubts should be removed; be it further enacted and declared, that all persons whosoever, being natives of India, who have been, now are, or hereafter may be em- ployed, by or in the service of liis Majesty, the said United Company, or of any of his Majesty's subjects, were, and are, and shall be subject and amenable to all provincial Courts of competent jurisdiction for all crimes and misdemeanors, and in all actions and suits what- soever, of which such Courts respectively could take cognizance, if the persons liaving com- mitted such crimes or misdemeanors, or against whom the causes of sucli actions or suits shall have arisen, had not been employed by, or had not been in the service of his Majesty, or the said United Company, or any of his Majesty's subjects ; any law, usage, or practice to the contrary thereof in anyways notwithstanding : provided always, that nothing herein con- tained shall anywise oust the said Supreme Courts of Judicature of Fort William and Madras, and the said Court of the Recorder of Bombay(l) respectively, of any jurisdiction over any natives of India, which such Courts may now lawfully exercise; but such Supreme Courts of Judicature of Fort William and Madras, and the said Court of the Recorder of Bombay(l) respectively, as well as the provincial Courts herein referred to, according to their several jurisdictions, shall have a concurrent jurisdiction over natives of India, employed by or in the service of the said United Company, or any of his Majesty's subjects. (1) [Now a Supreme Court of" Judicature.] Admiralty jurisdic- CX. And whereas tlie Courts established by the saitl United Company have no jurisdiction tion of Kings Courts crimes maritime, and doubts have been entertained whether tlie Admiraltv jurisdiction extended. ' -^ ^ of his Majesty's Courts at Calcutta, Madras, and Bombay-, extends to any persons but those who are amenable to their ordinary jurisdiction ; by reason whereof failures of justice may arise ; be it therefore enacted, that it shall and may be lawful for his Majesty's Courts at Calcutta, Madras, and Bombay, exercising Admiralty jurisdiction, to take cognizances of all crimes perpetrated on the high seas, by any person or persons whatsoever, in as full and ample a manner as any other Court of Admiralty jurisdiction established by his Majesty's authority in any colony or settlement whatsoever belonging to the Crown of the said United Kingdom. AdvocatL' -general of CXI. And whereas doubts have arisen whether the Advocate-general or other principal the Company may file j officer of the said Company, at any of the said Company's presidencies, is by law autho- informiitions in Kings r J' J e^^^ Courts for debts due rized to exhibit to the respective Courts of Judicature at any of the said presidencies, for and to iiib Majesty. ^^ behalf of his Majesty, informations in the nature of actions at law, or bills in equity, for or in respect of any cause or causes of actions, debts, dues, demands, accounts, reckonings, sum or sums of money, stores, goods, chattels, or any other matter, cause, or thing whatsoever, which may have arisen or accrued, or which may arise or accrue to his Majesty ; for remedy thereof, be it furtlier enacted, that it shall and may be lawful to and for the Advocate-general, or other principal law officer of the said Company for the time being, at each of tlie said Company's presidencies respectively, for and on behalf of his IMajesty, his heirs, and successors, to exhibit to the respective Supreme Courts of Judicature at the said Company's presidencies of Fort William and Madras, or to the Recorder's Court at Bombay, or the Court of Judi- cature at Prince of Wales' Island, any information or informations in the nature of an action or actions at law, or of a bill or bills in equity, as occasion shall require, against any person or persons residing within or being amenable to the jurisdiction of tlie said Courts respectively. 53Geo. III. Cap. 155.] 197 for or in respect of any cause or causes of action, debts, dues, demands, accounts, reckonings, sum or sums of money, stores, g(xxls, chattels, or any other matter, cause, or thing whatsoever, as fully and effectually to all intents and j)urjx)ses, as his Majesty's Attorney-general for the time being is by law authorized to exhibit any such information or informations in any of his Majesty's Courts of Law or Equity in this realm ; and that thereupon such proceedings shall be had, as far as the circumstances of the case in the course and practice of the said Courts of Judicature, at the said several presidencies will admit, as are had upon such informations exhibited by his Majesty's Attorney-general in any of his Majesty's Courts of law or ctjuity in this realm. CXI I. .And whereas great inconvenience has arisen from requiring the civil servants of the may qualify by taking said United Company, and other persons stationed at a distance from the i)residencies, to attend ''"^ "^'lis in any Court ' . • 1 ■ 1 • 1 • mi"' Justice ivitnin tlie and take tiie oaths m the Courts of Oyer andTermmerot the said presidencies, as |jrescnbeci provinces. by the said Act of Parliament of Great Britain of the thirty-third year of his Majesty's reign ; *^ ^- ^* "■ ^-• be it therefore enacted, that all persons who shall be nominated and appointed in any such commissions of the peace as are in the said Act mentioned, shall be capable of acting as Justices of the Peace in every respect, according to the tenor of such commissions, upon taking and subscribing in any Civil or Criminal Court of Justice, within the ])rovinces in and for which any such commission shall have issued before any other Justice of the Peace, the like oaths as are appointed by the said Act to be taken in the Court of Oyer and Terminer of the province or presidency for which such persons shall be appointed to act as Justices of the Peace ; and the subscription of such persons to the said oaths shall be deposited and kept witii the records of the Courts of justice in which the said oaths shall have been administered. (1) (1) [See 33 Geo. 3, cap. 52, sec. 15-2, and 2 & 3 Win. 4, cap. ] 17, sec. 1.] CXIII. And whereas it is expedient tiiut the Sudder Dewanny Adawhit, and Ni/aimit rrovinciai t^omts of Adawlut, or other provincial Courts, however denominated, exercising the highest jurisdiction V*;, ,„„„' arri.s{'h,"ci'4'ii within the provinces respectively subject to the governments of Fort William, Fort Saint "' criminal process George, and Bombay, should have power and authority to execute process of arrest, either pjj.,_ notwitlistandiiiK civil or criminal, within the towns of Calcutta and Madras, and the town and island of Bombay, '•"' jurisdiction of • 1 I- 1 • • 1- • i- 1 • Ai • 1 .n 11-11 1 1 King's Courts, notwithstanding the junsdu'tion oi Ins Majesty s Courts established at tliose jilaces respec- tively, be it therefore enacted, that it shall and may be lawful for the said Court of Sudder Dewanny and Nizamut Adawlut, or other provincial Courts aforesaid, to execute or cause to be executed upon all persons subject to the jurisdiction of such Courts respectively,(l) all manner of lawful process of arrest, within the respective limits of the towns of Calcutta ami Madras, and of the town and island of Bombay, in the same manner as the said Courts respectively may, by virtue of any power now vested, or hereafter to be vested in them, lawfully execute, or cause to be executed, such process in any place situate without the said limits ; any Act, Charter, or otiier matter or thing whatsoever to the contrary notwithstanding : jirovided always, that all such process which shall be executed within the limits aforesaid, shall be in process to be in writinjT, and shall have underwritten or indorsed thereon, or otherwise annexed thereto, a wntiiiB, wiih an Lng- , . , . . I lisli tniiislaiioM. nnu translation tlieieof, or of the substance thereof, in the iMiglisli language and character, signed signeil l>y » .Imlw'e. by one of tlie .ludgcs of tlie Cnurt fidiu whence tlie same shall issue. (1) [I'icic Act of Government of India, No. 11 ot" 183(), in Appen- dix.] 198 [53 Geo. III. Cap. 155. Sections 114 to 1-20 are composed of penal enactments directed against various offences. They are repealed by 9 Geo. 4, cap. 74, sec. 1'26. Section 121 directs the mode of carrying into effect the sentence of transportation for offences under former sections of this Act ; but the whole of those sections have been repealed. Persons taking false CXXII. And be it further enacted, that if any person or persons wliomsoever shall be oatlis, guilty of per- convicted of makiiio; a false oath, touching any of the matters directed or required bv this Act jury; and persons sub- .•/•iii " -i i j oniing, liable to tiie to be testified on oath, such person or persons so convicted as aforesaid, shall be deemed penalties^ of P'^^^^^'^y' guilty of perjury, and shall be liable to the pains and penalties to which persons guilty of of England. perjury are liable by any law in force in that part of the said United Kingdom called Eng- land ; and if any person shall corruptly procure or suborn any other person or persons to swear falsely in any such oath, such person, being duly convicted of sucli procuring and suborning, shall for every such offence incur and suffer such penalties, forfeitures, pains and disabilities, as persons convicted of perjury are respectively liable unto, by any law in force in the said part of the United Kingdom called England. In actions for un- CXXIII. And be it further enacted, that if any suit or action shall be brought or coin- kwfui arj-estingof per- jiigHceJ against the said United Company, or any of their servants, or any person or persons Indies, &c. the defen- acting by their authority for the recovery of any costs or damages for the unlawful taking, generaUssue' ^^ "^ arresting, seizing, imprisoning, sending, or bringing into the United Kingdom, of any person or persons found in the East-Indies or other parts aforesaid, within the limits of the said Company's Charter, or as not being authorized to reside or traffic (1) there, the defendant or defendants to such suit or action may plead the general issue, and give the special matter in Proof to lie on the evidence for his or their defence; (2) and the proof shall lie on the plaintiff' or plaintiffs upon P'*"""^- the trial of the issue, to shew that at the time or times of arresting or seizing such person or persons respectively for the causes aforesaid, in the manner in which such arresting or seizing shall be laid or charged to have been done in or by the declaration or declarations in such suits or actions, the person or persons so arrested was or were in the military or marine service of liis ]\Iajesty; his heirs or successors, or was or were under covenant to serve the said Company in India, or was or were duly possessed of a licence or licences, certificate or certificates in writing, authorizing him or them to go to or reside and traffic in the East-Indies or parts aforesaid, or that the person or persons, not being in his jVIajesty *s service, was or were at the time or times of his or their being so seized or arrested, entitled or authorized, by the stipula- tion of such covenants, licences or certificates respectively, to remain and continue in India or other the parts aforesaid ; and in failure of such proof, the plaintiff or plaintiffs shall become nonsuited ; and in such case, or in any other cases wherein the plaintiff or plaintiffs shall become nonsuited, or wherein judgment shall be given against such plaintiff or plaintiffs upon demurrer, or where a verdict shall pass for the defendant or defendants, he or they shall have Tiebie costs. treble costs awarded to be paid by the respective plaintiff or plaintiffs in such suit or action ; any law, statute, or provision to the contrary notwithstanding. (1) [See note on section 36.] (2) [See 10 Geo. 3, cap. 47, sees. 5 and 7.] 54Geo. III. Cap. GI.] 199 CXXIV. And be it further enacted, that all suits, and prosecutioi>s for anything done Limitations of suits, under or by virtue of this Act, shall be commenced within tiie space of three years after the cause of complaint shall have arisen ; or being done in the United Kingdom, in the absence of any person beyond sea, aggrieved thereby, then within the space of three years next after the return of such person to the United Kingdom. CXXV. And be it further enacted, that so much and such parts of this Act in respect Parts of Die Act, whereof no particular time or times of coumiencement is or are herein named, or appointed, f9>' "hich no particular ' ^ tunc is iinpoiiitt3u to shall have commencement from and after the tenth daj- of April, one thousand eight hundred commence from 10th and fourteen. ^■"■"' '*" ^• 54 GEORGII III. Cap. LXI. An Act to amend an Act of the Twenty-second Year of Jiis present Majeatij, in- tituled, " A?i Act to prevent the granting in future any Patent Office, tu be exer- cised in any Co/nnij or Plantation, noir, or at any Time hereafter belonging to the Croion of G reat Britain, for any kniger Term than during such Time as the Grantee thereof or Person appointed thereto shall discharge the Duty thereof in Person and behave tvell therein.'" [21 th May, 1814.] V. And be it further enacted, that nothing in this Act contained .shall operate to the pre- y]^^^ .^p^ „(,( j^ p^_ judice of any subsisting grant of any office or offices, or shall be construed to affect any •<-■'«' to the East- India appointment, or any leave of absence, granted previous to the passing of this Act, or any re- '" newed grant of anv office which may be made in consequence of the demise of the Crown to any person now holding the same : and that no provision of this Act shall be ajjjilicable or applied to any office granted or to be granted by the United Company of merchants tiading to tlic East-Indies, or to any rules, regulations, or provisions, made bv the saiil C'onij)any with respect to the appointment or leave of absence of any of their civil or military servants. 200 [54 Geo. III. Cap. 105. 54 GEORGII III. Cap. CV. Ax Act to remove Doubts as to the Duties and Taxes heretofore imposed and levied under the Authoritij of the several Governments iji the East-Indies. ] 23d Jul}/, 1814.] Whereas doubts have arisen as to certain duties and taxes heretofore imposed by the several » governments of Fort William in Bengal, Madras, Bombay, and Prince of Wales' Island re- spectively : may it therefore please your Majesty that it may be enacted ; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the Power of levying authority of the same, that all duties of customs and other taxes heretofore made or imposed, vernments m ' India ^^ "'^'^ upon British subjects as foreigners, and other persons whomsoever, by the orders or confirmed. under the authority of the Governor-general in Council of Fort William in Bengal, the Go- vernor in Council at Fort Saint George, the Governor in Council of Bombay, and the Governor in Council of Prince of Wales' Island, respectively, within the several towns of Calcutta and Madras, the town and island of Bombay and Prince of Wales' Island, and u]3on all persons whomsoever resident or being therein respectively, and in respect to all goods, wares, merchandizes, commodities, and property whatsoever, also being therein respectively, and also upon all persons whomsoever, whether British-born or foreigners, resident or being in any country or place within the authority of the said governments respectively, and in respect of all goods, wares, merchandizes, commodities, and property whatsoever, being in any such country or place, and also all orders and regulations for the imposition, levying, raising, or recovering, any such duties of customs or other taxes, or hi anyways relating thereto, and aU fines, penalties, and forfeitures heretofore imposed or levied by or under the authority of such Governor-general in Council and Governors in Council respectively, for the non-payment of such duties or taxes, or for the breach of any laws or regulations heretofore made by such Governor-general in Council and Governors in Council respectively, respecting such duties and taxes, shall be and the same are hereby confirmed, and shall be deemed to be as valid and effectual to all intents and purposes whatsoever, according to the true intent and meaning of the several orders, regulations, and usages, under which any such duties, taxes, fines, penalties, and forfeitures, have been imposed or levied, as fully and effectually as if the same had been imposed and made respectively under the provisions of an Act made in the last session of o3 G. 3, c. 155. Parliament, intituled, " An Act for continuing in the East-India Company for a further Term the Possession of the British Territories in India, together with certain exclusive Privileges; for establishing further Regulations for the Government of the said Territories, and the better Administration of Justice within the same ; and for regulating the Trade to and from the Places within the Limits of the said Company's Charter;" any Act or Acts of Parliament or law to the contrary thereof in anywise notwithstanding, and all arrears of such duties and taxes may be demanded, levied, sued for, and recovered, and all penalties and forfeitures for any breach of any such rules and regulations in relation to any such duties and taxes shall and may be sued for, recovered, and enforced under the provisions of the said recited Act, as fully and effectually as if the same had been imposed, made, incurred or arisen after the pass- ing thereof. 'n Orders, &l-. to re- H. And be it further enacted, that all such orders, regulations, usages, duties, taxes, fines, son? indemnified. penalties, and forfeitures, shall be and remain in full force and effect until the same respectively 55GKO.III. Cap. 5D.J 201 shall 1)0 repealed, altered, or varied, by any orders or regulations made and passed, or to be made and passed, under or by virtue of the said recited Act : and all persons «ho have been engaged or concerned in advising, passing, imposing, demanding, levying, or recovering any such orders, regulations, duties, taxes, fines, penalties, and forfeitures, shall be and are hereby indemnified in res])eet thereof, and of all pniceedings and acts had, done, or taken under and according to the true intent and meaning of any such orders, regulations, or usages ; and all actions and suits whatsoever which have been or hereafter shall be commenced, sued, or pro- secuted, for or touching tl-.e receipt, collection, or imposition of any such duties, taxes, fines, penalties, or forfeitures, shall be and become absolutely null and void to all intents and ])ur- poscs whatsoever, save and except for the purpose of recovering any costs which may have been incurred in any such action, and which hatli been or may be awarded to be ])aid by any party thereto : provided always, that nothing herein contained shall extend to confirm any act or proceeding, or to indemnify any person or persons in respect of any act or proceed- ing, done without the authority or contrary to the true intent and meaning of any such order, regulation, or usage, as is hereby intended to be confirmed. 55 GEOKGII III. Cap. LIX. An Act for ameiidiiig an Act nf /lis present Majestij, to i//si(re the praper ajul careful Manufacturing of Fire- Arms in England, and for maldng Provision for pi'oving the Barrels of such Fire- Arms. [^\2th Afai/, 1815.] V. Provided always, and he it further declared and enacted, that nothing in this Act con- Not to extend to tained shall extend, or be construed to extend, to that part of tiic United Kingdom called """* made lor liis Mu- . 11 1 T 1 1 / 1 • • Ji-'StV. or the Kiist- Ill- Scotland, or to that part of tiie United Kingdom called Ireland (except as to the forgmg diircompany, or cer. marks, as in this Act after mentioned) or to the proving of any barrels used in tlie manufac- """ •"""'"'^'s specified. turing of any musket, pistol, or other fire-arms, for the use of his INIajesty's forces, or for the Honourable East-India Company, or to any barrels of the descrij)tion hereinafter mentioned, videlicet, any barrels in the forged groimd, finished or in any other state of manufacture, which shall be made or consist of stub or twisted stub, iron or other barrels, usually termed best barrels ; (which said last-mentioned barrels may be and are hereby allowed to be sent, brought or received for the purj)oses aforesaid, in any number not exceeding the number of twenty, without being subject to any of the penalties of the said recited Act or this Act, exce])t that such barrels shall be liable to the penalty for using barrels not duly proved aiul marked); and nothing in this Act contained is to exempt, or be construed to exempt, such last-mentioned barrels from being proved and marked as required by the said recited Act and this Act. So 202 [55 Geo. III. Cap. C4. 55 GEORGII III. Cap. LXIV. An Act to explain and amend an Act of the Fifty-third Year of hi.s- present JMajesti/, as far as relates to the granting Gratuities by the East-India Com- pany. [25MiI/«j/, 1815.] 53 G. 3, c. 155. Wliereas by an Act of Parliament passed in the fifty-third year of his IMajesty's reign, for •• continuino- in the East-India Company, for a further term, the possession of the British ter- ritories in India, and for other purposes, after reciting therein, that it was expedient that the said Company should be put under reasonable limitations in respect to the granting of gratuities, it was enacted, that from and after the passing thereof, it should not be lawful for the Court of Directors of the said Company to charge the funds of the said Company with the payment of any gratuity to any officer, civil or military, or any other person, exceeding the sum of six hundred pounds, unless the grant or resolution for that purpose should have been sanctioned by the Court of Proprietors, and approved and confirmed by the Board of Commissioners for the affairs of India ; and that copies of all warrants or instruments, granting any salary, pension, or gratuity, should be submitted to both Houses of Parliament within one month after such grant, if Parliament should be then sitting, or if not, within one month after their then next meeting : and whereas the said last-mentioned enactment doth not fully effectuate the intention expressed in the preamble thereto ; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that from and after the passing of this Act it shall not be lawful for Company not to the said Company, or for the Court of Directors of the said Company, with the sanction any1ra\u1ty clTeeding of the Court of Proprietors of the said Company, to charge the funds of the said Company £600, unless approved with the payment of any gratuity to any officer, civil or military, or other person, ex- for India affiiirs.^"*"^"^^ ceeding the sum of six hundred pounds, unless the grant or resolution for that purpose shall have been approved and confirmed by the Board of Commissioners for the affairs of India ; and that copies of all warrants or instruments granting any salary, pension, or gratuity, shall be submitted to both Houses of Parliament within one month after such o-rant, if Parliament should be then sitting, or if not, within one month after their then next meeting. By 3 & 4 Wm. 4, cap. 85, sec. 25, all grants of money, except from the sum allotted for the home expenses of the Company, are to be subject to the approval of the Board. 55 Geo. III. Cap. 84.] 203 55 GEORGII III. Cap. LXXXIV. An Act (o amend so much of an Act of the Thirtij-tlilrd Year of his present J\Ia- jesti/, as relates to Jiv'nig the Limits of the Towns of Calcutta, Aladras, and Bumhai/ ; and also so much of an Act of the Thirli/-ninth and Fortieth Year of his present Majesty, as relates to granting Letters of Administration to the Effects of Persons dying intestate within the several Presidencies in the East- Indies to the Registrar of the Ecclesiastical Courts ; and to enahk the Governor in Council of the said Presidencies to remove Persons not being British Saljccts ; and to make Provision for the Judges in the East- Lidies in certain cases. [14M June, 181.3.] Whereas by an Act of the Parliament of Great Britain, made and passed in tlie thirty- tliird year of his present iMajesty's reign, intituled, " An Act for continuing in the East-IiuHa 33 G. 3, c. 52. Company for a further Term the Possession of the Uriti.sli Territories in India, together with their exclusive Trade, under certain Limitations; for establishing furtiier Regulations for the Government of the said Territories, and the better .Administration of Justice within the same ; for appropriating to certain Uses the Revenues and Profits of the said Company ; and for making Provision for the good Order and Government of the Towns of Calcutta, Madras, and Bombay ;" it was amongst other things enacted, that if an)' question sliould ari.se touching or concerning the true limits and extent of the towns and factories of Calcutta, Madras, and Bombay respectively, or any of them, the same should be incpiired into by the Governor-general in Council at Fort ^Viiliam, in respect to the limits and extent of Calcutta, and by tlie Governor in Council at Fort Saint George in respect to tlie limits and extent of Madras, and the Governor in Council at Bombay in respect of the town of l{ombay ; and that such limits as the said respective Governments by order in Council should declare and pre- scribe to be the limits of the said towns and factories respectively, sliould be held, deemed, and taken in law as the true limits of tlie same ; any custom or usage to tlie contrarv notwith- standing; and whereas by reason of the increase of the population of the towns of Calcutta, ]\Iadras, and Homliay, it is expedient that the several governments of Fort William, Fort Saint George, and Bombay, in the East-Indies, should be fmther empowered, in mamier here- in-after mentioned, to extend from time to time the limits of the said several towns : may it therefore ])lease your iMajesty that it may be enacted, and be it enacti'd by tlie King's most excellent Majesty, by and with the advice and consent of the I>ordssj)iritual and temporal, and Commons, in this present Parliament assembled, and hy the authority of the same, tliat it sliall and may be lawful to and for the G<)vernor-geni.r.il in roiuicil at Fort ^N'illiain in Bi'n"-al, from time to time, as circumstances sh.ill in their judgment require, to extend the limits of Limits of tlioio«i« the town of Calcutta ; and to and for the Governor in Council at Fort Saint George, from ""^ <"i'i<-'iit». Mu'lrns ,,,.,.., , , " and Duiiilmy. time to time, as circumstances sliall in tluir |U(lgmcnt re (]iMre, to extend the limits of the town of Matlras ; and to and for the Governor in Council at JJonibay, from time to time, as circum- stances shall in their judgment require, to extend the limits of the town of Bombay ; anil that such extended limits as the said respective governments shall from time to time, in anil hy their respective orders in Council, or by their regulations, declare and jirescrihe as aforesaid to be the limits of the said towns respectively, shall, from the time of publishing such orders in Council, or regulations by proclamation, at the respective presidencies, lie lu Id, deemed, and ^ d2 204 [55 Geo III. Cap. 84. taken, as and for the true limits of the same ; and from time to time, as any extension shall be made thereof, all jurisdictions, powers, and authorities which by virtue of any Act or Acts of Parliament, or any Charter or Charters, or any law or usage, shall or may be bounded or regulated by the limits of the said towns respectively, shall thenceforth be bounded and regulated by the limits of the said towns respectively, as they shall be declared and prescribed from time to time in manner herein-before mentioned ; any custom, law, or usage to the contrary notwithstanding : provided always, that no order in Council or regulation hereafter to be made, and declaring or prescribing the limits of any of the said towns, shall be valid or effectual, until it sliall have been sanctioned, or shall have been authorised to be made and passed by the Court of Directors of the United Company of Merchants of England trading to the East-Indies, with the approbation of the Board of Commissioners for the affairs of India. SOfetO G. 3, c. 79. II. And whereas by an Act passed in the thirty-ninth and fortieth year of the reign of his present IMajesty, intituled, "An Act for establishing further Regulations for the Government of the British Territories in India, and for the better Administration of Justice within the same," it was enacted among other things, that whenever any British subject should die intestate, within either of the presidencies of Fort William, Fort Saint George, or Bombay, or the territories subordinate or to become subordinate thereto, and on return of the citation to be issued from the proper Ecclesiastical Court, no next of kin or creditor should appear and make out their claim to the administration to the effects of the intestate to the satisfaction of the said Court, it should and might be lawful for tlie registrar of such Court, and he was thereby required to apply for, and such Court was thereby directed to grant letters ad coUigenda or of administration to such registrar, in such manner as the said Act set forth : and whereas the said Act doth not expressly provide for the cases of executors or administrators, or persons inti- tled to administration, as herein-after mentioned, not resident witliin the jurisdiction of such Courts, who may have appointed attornies resident or being therein; and it hath been doubted whether the said Courts were not required under the said Act, to grant letters ad coUigenda or of administration to their registrars, in preference to attornies so appointed ; and it is fit that such doubts be removed ; be it therefore enacted and declared, that when the executor Letters of admiiiis- oi" administrator lawfully appointed, or the person entitled to administration as next of kin or tration to attonne? or yesiduarv legatee with the will annexed, of any person deceased, whose effects shall be subject fxccutors. .*.'".. . to the jurisdiction of any of the said Courts in respect to the granting of administration, not being resident within the jurisdiction of such Court, shall have appointed or shall hereafter apjioint, either by power of attorney under seal, or by any other sufficent authority, to be shewn to the satisfaction of the said Court, any person or persons resident or being within such jurisdiction to act for such executor or administrator, or person entitled to administration as aforesaid, in collecting or administering in any manner the effects of the deceased, the person or persons so appointed shall be entitled to obtain hUevs ad coUigenda or of administration, either general or special, as the tenor of such authority and the nature of the case may require, preferably to the i-egistrar of such Court, and all other per-sons to whom such executor or ad- ministrator, or persons entitled as aforesaid, would have had a preferable claim, if personally resident within the jurisdiction of the said Court. Making void letters IK. And be it further enacted, that where any such letters ad coUigenda or of adminis- registrar'.""""""" '° tration shall have been granted to the registrar of such Court, and application shall be after- wards made by any person or persons so appointed as aforesaid for the revocation thereof, in order to grant other letters to sucli person or persons, the letters so granted to such registrar 55 Geo. III. Cap. 84.] 205 shall be revoked, unless it shall appear to the said Court tiiat there has been unreasonable delay, either in the transmission of the authority under wliich such application is made, or in making such application ; provided always, that wlien any letters ad co//i§renrfa or of admi- nistration shall have been actually granted to the registrar of any such Court by virtue of the Act herein-bei'ore recited, and sliall be revoked on tlie a])plicati()n of such attorney or attornies as aforesaid, it shall be lawful for sucli Court, if they shall think fit, to direct tiiat the whole or part of any commission, in respect to the administration of assets whicli may arise or become due by virtue of any reasonable custom, obtaining within the juri>diction of such Court, shall be allowed to such registrar out of any assets which may have come to his hands, regard being had to the trouble and responsibility actually incurred, and to the ser- vice rendered by the said registrar in the collection of sucli assets : provided also, that nothing in this Act contained shall be construed to render necessary the taking out of letters ad colli- genda or of administration from any of the Courts aforesaid, by any such attorney or attor- nies, otiierwise than it would have been if tliis Act had not been made ; and that no claim or right to any such commission in resjiect of administration of effects as aforesaid, sliall be deemed to accrue to any such attorney or attornies by reason of letters ad coUigeiida or administration, taken out by him or them in virtue of such authority as aforesaid, nor any other or furtlier commission than would have been payable to him or them as agents, either according to tlie usual and reasonable rates of such an agency, or by special agreement. 1\'. Provided also, and be it further enacted, tiiat tiiis Act shall not, nor shall aiivtlnng Not to affect the herein contained, in anywise prejudice or affect the rights, claims, actions, suits, or appeals '''6'''^ "^ persons onti- of any person or persons being entitled to or claiming to be entitled, either as principal or wills of administration principals, attorney or attornies, to the probate or probates of any will or wills, codicil or "Jiu'^fi^aini^^'e ai^d b ■- codicils, or letters ad colligenda or of administration of the goods, chattels and effects of fore the passing of this any person or persons who shall iiave died before the passing of this Act ; nor the rights, ' ' ' claims, actions, suits, or appeals of any person or persons claiming or suing, or to claim or sue for the recall or repeal of any letters ad colligenda or of administration, granted of the goods, chattels, or effects of any person or persons who sliall have died before the passing of this Act, which may have been or shall be granted to any such registrar as herein-bcfore mentioned ; nor to the rigiits, claims, actions, suits, or aj^pcals of any person or persons claiming or to claim as executors, legatees, or next of kin of any person or persons who shall have died before tlie passing of this Act, in any way relating to tiie goods, cliattels, property, estate, or effects of such deceased person or persons, or to the transactions, acts, deeds, neglects, defaults, intermcddlings, or accounts of any such registrar relating to any such goods, chattels, property, estate or effects, or under or by pretence of any letters ad colligenda or of administration, which may have been granted to him ; nor in any way to entitle any such registrar to any commission, compensation, or allowance in respect of any tiling done or to be done by him in relation to the goods, chattels, debts, credits, estate, or effects of any person or persons who shall have died before the passing of this Act, whicli he would not have been entitled to if this Act had not been passed ; but every person being entitled to or claiming any such probate or probates, letters «f/c(j///(/e;/(/a or of aihninistration, or to have any such letters ad colligeuda or of administration, recalled or repealed, or having or been entitled to, or claiming or to claim any such cause or causes of action, suit, or appeal sliall be entitled thereto, and all benefit and advantage thereof, and to prosecute and carry on the same, in the same manner, as he, she, or they would have been entitled if this .Vet liad not been passed. 206 [55 Geo. III. Cap. 84. Registrar when ap- V. And be it furtlier enacted, that in all cases in which the registrar of any of the said to enter in a book se- Courts shall be appointed administrator under the aforesaid Act, besides filing an inventory parate accounts. and account current according to the tenor of the administration bond and the usual course of the Ecclesiastical Court, he shall enter into a book, to be kept by him for that purpose, separate and distinct accounts of eacli estate, and of all such sums of money, bonds, and other securities for money, goods, effects and things as shall come to his hands, or to the hands of any persons employed by him or in trust for him by virtue of any letters ad colli- genda or of administration granted to him under the authority of the said Act, and likewise of all payments made by him for or on account of the said estates, and of all debts due by or to the same, specifying the dates of such receipts and payments respectively ; which said book shall be kept at the registrar's office, and shall be open for the inspection of all such persons, practitioners in the said Courts or others, as may have occasion to inspect the same, at office hours, paying such reasonable fee as may be fixed therefore by the said Courts, and no more ; and the said registrars shall twice in every year, that is, on the first day of March and the twenty-second day of October, or on the first day after those days on which their respective Courts shall be sitting, exhibit and deliver in open Court, a true and perfect schedule of all sums of money, bonds, or other securities, received on account of each estate remaining under their charge, together with the payments made thereout, and the balances ; and also of all administrations whereof the balances shall have been paid over to the persons entitled to tlie same, since the period of exhibiting the last schedule, specifyino- the amount of such balances, and the persons to whom paid ; which schedules shall bo filed of record in the said Courts, and shall within fourteen days afterwards be published in the Gazettes of the presidencies within which such Courts are respectively situated, by the said registrar, who shall likewise cause copies thereof, in triplicate, to be delivered to the chief secretary at such presidency, and the same shall be transmitted by the respective govern- ments at such presidencies to the Court of Directors of the East-India Company, who, upon the receipt thereof, shall cause the same to be j^ublished in the London Gazette. Removal of persons VI. And whereas it is expedient that the several governments in the East-Indies should jects.'""^ " '^ ^" ' ^^ enabled to prevent subjects of foreign states from residing or sojourning within the British territories there against the consent of such governments respectively ; be it further enacted, that it shall and may be lawful to and for the Governor- general in Council, and to and for the Governor in Council or chief ofiicer for the time being of any presidency, or of any place not being subordinate to any presidency under the Government of the United Company of Merchants of England trading to the East-Indies, to cause notice in writing to be given to any person, not being a native of any part of the British territories in India, or within the limits of the Charter of the said United Company, other than such natural-born subjects of his Majesty as may from time to time lawfully resort to or reside in the East-Indies, to remove himself or herself from such presidency, or from all or any part of the British terri- tories in the East-Indies, as may be deemed expedient, within a time to be limited by such notice: and in case any such person shall not obey such notice, then it shall and may be lawful to and for the Governor-seneral in Council or Governor in Council, or other chief officer (as the case may be) of the place wiiere such person shall be found, to cause such pep- son to be apprehended and brought before the Court of Civil or Criminal Judicature, to the jurisdiction whereof such place may be subject ; and upon proof being made upon oath to the satisfaction of such Court, by any credible witness swearing to his knowledge or belief, stating the ground of such belief, that such person is an ahen and the subject of a foreign 5j Geo. III. Cap. 84.] 207 state, and that such notice as aforesaid has Iwen served on sucli person, cither personally or by leaving the same at his dwelling-liousc, unless such person shall prove that he is a natural- born subject of his Majesty authorized to reside in India, or a native of the British territo- ries in India, or within the limits of the Charter of tlie Company, for the makina; which proof reasonable time and opportunity siiall be allowed by the said Court, sucli person sliall be remanded by the said Court into the custody of the Governor-general, Governor, or chief officer, who shall, as soon as may be, cause such person to be removed in such manner as his or her rank, state, and condition in life shall require, by the first convenient opportunity, to the country or place to which he or she sliall belong, if lie or she shall be willing to go thereto, orotlierwise to such country or jilace as the Governor-general, Governor, or officer by whose authority he or she shall have been apprehended or shall be detained, shall be of opinion shall be most proper, regard being had to the convenience of the person to be removed, and the peace and security of the British territories in the East-Indies, and of tiie allies of his Majesty and tiic East-India Company, and of any neighbouring princes or states ; and in the mean- time and until sucli person can be conveniently and properly removed, it shall and may be lawful to detain him or her in such custody or under such guard as the person by whose authority he or she shall have been apprehended or shall be detained sliall see lit and neces- sary, so as that the person detained may be put to as little inconvenience as shall be consis- tent with the object of his or her detention ; and in case any such person, having removed hini or herself in pursuance of any such notice, or having been so removed, shall again wil- fully return to any country or place from which he or she shall have had notice to remove, without the consent of the government or chief officer of the place to wliich he or she shall so return, it shall and may be lawful to and for the Governor-general in Council, or Governor in Council, or chief officer of the place where such person shall be found, to cause such person to be apprehended and detained in safe custody, luitil he or she shall be discharged out of custody, upon such terms and conditions as the Governor-general in Council, Governor in Council, or other chief officer at the place where he or she shall be detained, shall deem sufficient for the peace and security of the British territories, and of the allies of his Majesty and of the East-India Company, and of the neighbouring princes and states. VII. And belt further enacted, that it shall be lawful to carry into execution any warrant Wurraiitor nutliority or authority for the apprehension, detention or removal of any such person or persons as afoii^ ^'^^ appreliensioii. said, notwithslanding he, she, or they may be in custody, or delivered to liail, or in execution on any civil process, and notwithstanding any licence, privilege or pr'otection whatsoever ; any law, statute, or usage to the contrary notwithstanding : ])rovided always, that no British subject, nor any native of the British territories in India, or within the limits of the Charter of the said Company, shall be apprehended, detained, or removed, by virtue of any of the provi- sions herein contained, nor shall any thing herein contained in anywise alter or afl'ect any law or statute under or by virtue of which any British subject may resort to or is restraineil from resorting to the East-Indies: provided also, that it shall not be lawful to apprehend, detain or remove any ])erson being the subject of any foreign state, under or by virtue of this Act, in any way inconsistent with any treaty made or to be made by his Majesty or the East-India Company, and to the benefit of which such person shall be entitled. VIII. And whereas by an Act ])usm(1 in the thirty-seventh year of his Majesty's rei^n, .Tndprs' Pon-ions intituled, "An Act for the better Administration of .lustice at Calcutta, Madras, and Bombay, 37 U. 3, c. U4. and for preventing British Subjects from being concerned in Loans to the Native Princes in India," it was enacted among other things, tliat it should be hiwful lor his Majesty, his heir/i 208 [55 Geo. III. Cap. 84. and successors, under certain limitations in the said Act expressed, to direct the payment of a yearly sum out of tlie territorial revenues in India to any Chief Justice or other Judge of the Supreme Court of Judicature at Fort 'William in Bengal, who should iiave resided in India as Judge of the said Supreme Court for seven years, and to any Recorder of the Court of Judi- cature at Bombay, who should have resided in India as such Recorder(l) for five years, and who, from age, infirmity, or other cause, to be approved by his Majesty, his heirs or successors, sliould return to Europe, not exceeding to any such Chief Justice two thousand pounds per annum, to any such Judge fifteen hundred pounds per annum, or to any Recorder of Bombay (1) twelve hundred pounds per annum : and whereas also by the Act herein-before mentioned of the tln'rty-ninth and fortieth year of his Majesty's reign, it was enacted, that it should be lawful for his Majesty, his iieirs, and successors, under certain limitations therein also expressed, to direct an allowance from the said revenues to any Chief Justice or Judge of the Supreme Court of Judicature at Madras, who should have resided in India for seven years, either as Chief Justice or Puisne Judge of the said Court at Fort William, or of the said Court at Madras, and should return to Europe, for any such cause, and with such approbation as aforesaid, not exceeding to such Chief Justice sixteen hundred pounds per annum, nor to such Puisne Judge twelve hundred pounds per annum : and whereas it is expedient that provision should be made respecting the said allowances, in case of the promotion or removal of any person from any of the said Courts to any other thereof, and also in case of the resignation of any Chief Justice, Judge, or Recorder (1) of any of the said Courts, with the approbation of his Majesty, although tlie person so resigning should not return to Euiope; be it tliere- fore enacted, that where any person shall have resided in India seven years, (2) either as Chief Justice or Judge of his Majesty's Supi-eme Courts of Fort William or jNIadras, or Recorder (1) of Bombay, and shall, from age, infirmity, or other cause, to be approved of by his said Majesty, resign such oftice, it shall be lawful for his Majesty to direct the payment out of the territorial revenues, to such person, of a yearly sum not exceeding the higiiest rate of allow- ance limited by the said xVcts (2) to sucii one of the said offices of Chief Justice or Judge at Fort William, Chief Justice or Judge at Madras, or Recorder (1) at Bombay, as tiie said person sliall have filled, provided he shall have filled tlie same for four years at the least ; (2j and tliat such allowance shall be payable to such person, although he shall not return to Europe: provided, that if such person be thereafter re-appointed to any of the said offices, such payment shall from thenceforward cease. (1) [There is now no Recorder at Bombay ; a Supreme Court having been established under 4 Geo. 4, cap. 71.] (•2) [The amount of retiring pensions and period of residence re- quired as a qualification have been varied by later enactments. The existing provisions with regard to both will be found in 6 Geo 4, cap. 85, sees. 7 to 1-2.] No action to be com- IX. And be it further enacted, that no action or suit shall be commenced against tiie said menc C twe nenced against the United Company, or any of their servants, or any person or persons whomsoever, for anythuiff Jompany until after . f J' J j. , ■ \ ., i , • , „i , • wenty days' notice; done in pursuance or under colour oi this Act, until twenty days notice shall have been given nor utter three years ^j^ ^^jj Company, or to the person or iiersons respectively against whom the same is to be alter the cause of com- ,. .„. ,, J o plaint brought, or after a sufficient satisfaction or tender thereof shall have been made to the party or parties aggrieved, nor after three years next after the cause of complaint shall have arisen ; 55 Geo. III. Cap. 116.] 209 and the defendant or defendants in such action or suit sliall and may jilead the general issue, and give tliis Act and the special matter in evidence at any trial to be had thereupon, (1) and that tlie same was done in pursuance and by authority of this Act ; and if it shall appear to be so done, or that a sutlicicnt satisfaction or tender thereof hath been made before the com- mencement of such action or suit, or that such action or suit hath been commenced after the time limited for bringing tlie same, or in any otiier manner tlian as directed by this Act, the plaintiH'or plaintiffs sliall become nonsuited; and in such case, or in any other cases wherein the plaintiff or plaintiffs shall become nonsuited, or discontinue his or their action or suit after the defendant or defendants shall have appeared, or wlicrein judgment shall be given against such plaintiff or plaintiffs upon demurrer, or objection in nature of a demurrer, or where a verdict, or judgment in nature of a verdict, sliall pass for the defendant or defendants, he or they shall have treble costs awarded, to be paid by the respective plaintiff or plaintiff's in siicli action or suit. (1) [See 10 Geo. 3, cap. 47, sees. 5 and 7.J 5.5 GEORGII III. Cap CXVI. An Act to mahe. farther Regulations for the Registry of Ships built in Lidia. This Act was repealed partially by 4 Geo. 4, cap. 41, and entirely by 4 Geo. 4, cap. 80; but the effect of the following section was revived by 3 & 4 Vic. cap. 56, initil the issue of a declaration by proclamation, which by the last-named Act the Governor-general in Coiuicil is authorized to make. See tlie Act last mentioned. III. Provided always, and be it further enacted, that nothing in this or the said recited What sliips do not Acts or in any other Acts contained, shall subject any ship or vessel, built or to be built ''^1"'°^ ™B'^ O- within the limits of the Cliartcr of the said Company, which sliall not be of tlie burthen of three hundred and fifty tons; or any ship or vessel built within the limits of the Charter of the said Company, now tlie jiroperty of any of his Majesty's subjects within the limits afore- said, and employed in trade as heretofore solely within the said limits, including tiie Cape of Good Hope ; or any ship or vessel which now is or at any time before the first day of January in the year one thousand eight hundred and sixteen shiill be l)uildiiig within tlu' limits afore- said, on account of any of his Majesty's subjects within the said limits, and shall bi' employed in trade solely within the said limits, including the said Cape of Good Hope, to any jKMialty, forfeituri', disability, or impediment by reason of such ship or vessel not being registeriHl, and not iieing Ibitish-built, or to .affect the property or any transfer of property in any such shij) or vessel as aforesaid which shall not be registered. 2e 210 [57 Geo. III. Cap. 57. 56 GEORGII III. Cap. LXXXII. An Act to render valid the Judicial Acts of Surrogates of Vice-Admiralty Courts abroad, during vacancies in Office of Judges of such Courts. [25th June, 18)6.] Acts of Surrogates Whereas it is requisite that due validity should be given to the judicial acts of Surrogates appointcfl^^by^JuJges, ^^^^^ j^^^,^ executed the offices of Judges in the Courts of Vice- Admiralty established in ,his plantations and colo- Majesty's plantations and colonies, during vacancies occasioned by the deaths or resignation ' or other removals of the said Judges, or who also shall hereafter execute the same diu'ing such vacation ; be it therefore enacted by tlie King's most excellent Majest}-, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Par- liament assembled, and by the authority of the same, that all judicial acts of Surrogates having been appointed to act as Judges during such vacancies, either by Judges of the said Courts previously to their removal, or, in default of sucli appointment, by the Governors of the plantations and colonies in which such Courts shall be, shall have the same force and vali- dity, and sliall be subject to the same course of appeal, as if the said acts had been done by the authority of Judges regularly appointed by the Lords Commissioners of the Admiralty. 57 GEORGII III. Cap. LVII. An Act to empower his Alajestij to suspend Training, and to regulate the Quotas of the Militia. [30//i June, 1817.] Persons enlisting HI- And whereas doubts have arisen whether officers, Serjeants, or otiier persons enlisting militia-men for the „,£„ tg ggj-ye the United Company of Mcrciiants of England trading to the East-Indies, are East-India Company's , ■ n e • • • i • i • i • i service subject to tlie subject to tlie penalties, forfeitures, and provisions contained m the said recited Act of penalties of recited jj^^ forty-second year aforesaid, in relation to enlisting into his IMajesty's other forces men enrolled or engacred to serve in the militia ; and whether militia-men so enlisting, or militia- men offering themselves to serve for any other parish or place than the parish or place for which they are first enrolled, are within the provisions of the said Act contained in relation to offering to be enrolled in any other regiment, battalion, or company of militia ; for remedy whereof, be it declared and enacted, that every officer, serjeant, or person who shall wilfully or knowingly enlist any man to serve the United Company of merchants of England trading to the East-Indies, who at the time of such enlisting shall be enrolled or engaged to serve in the militia, shall be and be deemed to be within the provisions of the said recited Act, and shall be subject to the penalties and forfeitures therein contained for enlisting militia-men to serve in his Majesty's other forces; and that every militia-man offering to enlist to serve the United Company of Merchants of England trading to the East-Indies, who shall deny to the officer, serjeant, or other person recruiting men for such service, that he is at the IMilitia-men offering time of such offering a militia-man, or who shall offer himself to be enrolled and be en- tL'^r'^pTiishl^ubjcct'to foiled '^s a militia-man for any other parish or place than the parish or place for which he 58 Geo. III. Cap. 83.] 211 shall be then enrolled and serving, although in the same regiment, battalion, or cor])s, punishment under re- shall be subject and liable to the provisions of the said Act contained for tlie punishment and l^,','^ another'regiinen^ subsequent service of militia-inen offering to enlist in iiis Majesty's other forces, or to be &=• enrolled and serve in any other regiment, battahon, or corps of militia ; any thing in the said recited Act contained to the contrary notwithstanding. 58 GEORGII III. Cap. LXXXIII. An Act to amoid and reduce into one Act the several Laws relating to t/ie manner in n-hich the East-India Company are required to hire Ships. [5th June, 1818.] The discontinixance of the Company's trade renders most of the pro- visions of this Act temporarily inoperative. As, however, they are re- cognized as By-Laws of the Company (see By-Laws, chap. 2, sec. 3, in Appendix), it has been deemed proper to give them insertion here. Whereas by an Act of Parliament passed in the thirty-ninth year of the reign of his present 39 G. 3, c. 89. Majesty, intituled, " An Act for regulating the INIanner in which the United Company of Merchants of England trading to the East-Indies, shall hire ami take up Ships for their regular Service;" and by another Act of Parliament, passed in the tiftietli year of the reign 60 0.3 c. 6G. of his said present Majesty, intituled, " An Act to amend Two Acts passed in the Thirty- ninth and Fortv-third Years of the Reign of his present Majesty, for regulating the IVIaimer in which the East-India Company sliall hire and take up Ships;" and by another Act of Parliament, passed in the fifty-first year of the reign of his said present Majesty, intituled, 51 G.3, c. 7j. " An Act for making furtlier ])rovision for the Payment of Salaries and otlier Charges in the Office of the Connnissioners for tiie Affairs of India ; and for enabling the East-India Company to restore to the Service of the said Company Military Officers removed therefrom by Sentences of Court INIartial ; and to authorize the said Company, in Case of unforeseen Emergency, to take up Ships l)y private contract ;"" various j)rovi.sions, regulating the manner in which the said United Company shall hire and take up shi])s for their service, arc now in force : and whereas it is expedient that the laws relative to the manner of hiring ships for the said United Company's service should be amended, and reduced into one Act : and wliercas the fluctuation of prices of naval stores, and of other articles incident to the equipment of ships in times immediately following the termination of war, has been sucli as to render tlie calculations upon which the contracts for peace freight have from time to time been luadi-, greatly erroneous and insufficient, and the ])erformance of such contracts has in consi'tpii'iice thereof been found so injurious to the contracting parties, tiiat tiie Court of Directors of the said United Com|iany of Merchants of England tra(h'ng to the East-Indies have in two instances, r^idclicct, after the termination of war in one tliousand eight hundred and two, and after the termination of war in one tliousand eight Imnilicil .-irul fifteen, ])resinlril petition^ to tlie House of Connnons, jirayinff that Parliament woultl uulhori/e and enii)()wer the said o Company to make allowances to the owners of several slii])s hired by tluin under the ])rovi- eions of the said Acts, over and above the prices to which ihi- said owners were enlilled 1)3' 2 E 2 212 [58 Geo. III. Cap. 83. their contracts ; and Parliament has in the said instances complied with the prayer of the said petitions : and whereas it is liighly inexpedient that the revision and alteration of con- tracts by authority of Parliament, on whatever plea or pretext, should grow into precedent : be it therefore enacted by the King's most excellent Majesty, by and with tlie advice and consent of the Lords spiritual and tenijioral, and Commons, in this present Parliament assembled, and by the authority of the same, that the whole of the said Acts made and passed 39 G. 3, c. 89, and in the thirty-ninth and fiftieth years of the reign of his said present Majesty, and so much of 50 G. 3, c. 86, aud^so j]jg g^j^] j^^j made and passed in the fifty-first year of the reign of his said present Majesty ™"reIates'to the' hiji'iig as relates to the hiring of ships by the said United Company, shall be and the same are hereby of ships, repealed. i-epealed : provided always, that the repeal of the said Acts shall in nowise be construed to aft'ect any contract or agreement made or entered into under or in pursuance of any the said Acts, but all such contracts or agreements shall be carried into execution in the same manner as if this Act had not been made and passed. Regulations for hir- H. And be it further enacted, that from and after the passing of this Act, the said United ing ships built for the Company or their Court of Directors shall not hire or take up on freight, for the service of service of the Com- t j iiti ,^ ,.,. pany. the said Company, any ship or ships other than such as shall be contracted tor or hired in manner herein-after mentioned ; that is to say, that from time to time whenever the said United Company shall have occasion to contract for the hire of any ship or ships to be built for their service, the Court of Directors of the said United Company sliall give notice tliereof by public advertisement, and therein state the burthen of tlie ship or ships wanted, the di- mensions or scantlings of timbers and planks, number of guns, manner of building, providing, furnishing, and storing such ships, the time to be allowed for building (whicli shall be as long as reasonably may be), and other particulars necessary to enable persons to judge of the expense thereof, and the proper rate of freight for such ships respectively, or shall i-efer to printed terms and conditions to be delivered by tlieir proper officer ; and the said advertise- ment shall fix a time, not less than four weeks from the publication tliereof, for receiving- proposals in writing, sealed up, for building and freigiiting the same to the said Comj)any ; such proposals to specify the lowest rates of freight for each and every voyage in time of peace required for such ships, for such number of voyages, not less than six, as tlie said Court of Directors shall see fit from time to time to fix, to and from India or China, or elsewhere within the limits of the Charter of the said United Company, to be employed in trade and in warfare or otherwise, as shall be thought proper by the said Company if the said ships re- spectively shall so long be fit for the Company's service; and that all the tenders or proposals which shall be made in pursuance of such notices, shall be put into a box locked and sealed, which shall not be opened except publicly in a Court of Directors, and the contents of such proposals respectively shall be entered in a book, and the proposals offering the lowest peace freight shall be accepted without favour or partiality, subject to the several provisions in this Act contained ; and in case more ships than shall be wanted at the time of considering such proposals, shall be tendered to be built at the same low freight, then the Court of Dii-ectors shall determine by lot which of the said proposals shall be accepted, and the same shall be accepted accordingly, subject to the several provisions in this Act contained. Court of Directors III. And wjiereas it may happen that ships which may have been built for the service of limfted nmnber of voy- '•'^^ ^^^""^ United Comjiany, and which have performed t)r completed, or hereafter may perform ages after the expira- or complete, the number of voyages for which they have been or hereafter may be contracted tion of their contracts. . ..i • i /-< i • i , i- • o e .^ to serve the said Company, may be in sound and proper condition toperrorm a further voyage or further voyages in the service of the said United Company ; be it therefore furtiier enacted, 58 Geo. III. Cap. S3.] 213 that it shall and may be lawful to anJ for the Court of Directors of the said United Company, if they sliall see fit, in the manner and according to the provisions herein contained, as to liiring ships to be built for the service of the said Company, to advertise for proposals for any sucji ships which have performed and completed, or hereafter shall have performed and completed the contracts by whidi tjiey were built for tlie said United Company, again to be tendered for tiie service of the said United Company ; and tliat it shall and may be lawful to and for the said Court of Directors again to iiire and take up any such siiip or ships so tendered for the service of the said United Company, for an additional voyage, or for such number of additional voyages to and from India or China, or elsewhere within the limits of the Cliarter of the said United Company, as the said Court of Directors sliall see fit, beyond anil after the ))erformance of the voyages for which any sucli sliip or slu'ps respectively have been or shall be engaged by any prior contract or contracts to serve the said Company ; provided that all such ships shall be fit or shall be capable of being repaired and made fit to serve the said Company for sucli additional voyage or voyages : provided always, that tlie peace freight and additional allowance to be paid for any such ship or ships to be taken up for any additional voyage or voyages shall not exceed the rate of peace freight paid for such ships respectively under the last contracts respectively by whicli they liave been eng.iged in the service of the said United Company, together with such additional allowance as slie might eventually be entitled to under this Act, in respect of any voyage for which she might be afloat to proceed upon in tinie of peace. IV. And \k it furtlier enacted, that over and besides the peace freight for ships built or to Besides tin- jjeace be built and hired, or to be hired for the service of the said United Company, tlie Court of '''^'''''',"' "", """"ance I ■' ' iniiy be made in respect Directors of the said Company shall be at liberty to make such allowances to the owners of of cliai>;es aii.-ini to the said ships, from voyage to voyage, in respect of the additional ciiarges, if any, arising to ''""'^'''" '" """••of war. the said owners in time of war or hostilities, or of prejiarations for war or hostilities, as tlie said Court of Directors shall think right and just. V . Aiu\ In- il further enacted, tliat the Court of Directors of tlie said United Comjjaiiy Tallies cif tlie aver, shall and tliey are hereby required to cause to be prepared, once in every year, by the master °f,'j|j^,'|'",'iJ|,\ 'lu'iu* i "^ attendant or other proper officer or officers of the said Ignited Company, tables of the average ships, aixl of the pro- current prices for tlie time being of the articles of builiiing and outfit for ships to be engaged I'yvoPg',!^ iVir"\vMch in the service of the said United Company, and tables of the probable total cost and expense "")' '■'lii' ^'"'H 'i''^'- n 1 1 -T !• I /. /. 1 I o 1 • 1 1 • 1 • 1 11 1 1 coiitraeled. whiiii la- or such building and oiitlit for the several voyages tor winch any siiij) or ships sliall have been i,ies shall he Iuimk up contracted for or hired, distinguishing the probable expense of each voyage of ships of the "'""■" '"idia-Uouso. different sizes actually engaged or which may be engaged in the service of the said Comjiany ; which tal)les, when signed by the master attendant or other pro])er officer or officers of the said United Company, and when apjirovcd and allowed by their Court of Directors, shall be fairly transcribed and signed by the secretary or assistant secretary of the said Company, by order of the said Court of Directors, and shall be left or hung up in some jiublic office in tlie East-India House, for the ])erusal aiul inspection, at seasonable times and in a reasonable manner, of all persons whom it may concern, with liberty for them, at such times and in such manner as aforesaid, to make and take copies and extracts thereof ; and the first of such tables or .sets of tables shall be made and completed within four months next after the passing of this Act, and afterwards such tables or such sets of tables shall from lime to lime be made and completed between the first day of June and I he first d.ay of October in every year. VI. And be il t'urlher enacted, that IVoin and al'lrr the ((Huliision of any war or hoslililii-s .\lier lunHiision of said United Com- pany or their C'oiut of Directors, or any of their ollici'rs or servants, from causing any "(mkIs to be loaded and carried on their account on board anv ]>rivate ship or vessel, thomdi not char- tered to or in tlie service of the said United Company. XV. Provided also, and be it further enacted, thai all and every and so niiieli anil -ueii C'onipiinyM.y.lHWs parts of the i)y-laws, rules and regulations of the said United Company and of their Court «•)'•■>•■""" ""•u"''-"''" ol JJirectors now m force, and liereatter to be made, any way relating to shipping concerns main in lunc. 2f 218 [58 Gko. III. Cap. 84. of the said Company, and to the Commanders and officers in their service, whicli are not or shall not be inconsistent with or repugnant to the provisions hereby enacted, shall remain and be of the same validity, force and effect, and shall be observed in like manner to all intents and purposes, as tlie same by-law, rules, and regulations, or such parts thereof as aforesaid, would have been in force, and ought to have been observed, if this Act had not been made, or to re- strain the said Company from repealing or making any l)y-laws, so as they shall not be incon- sistent with the provisions herein contained ; this Act or anything herein contained to the con- trary thereof in anywise notwitiistanding. Section 16 (the last in the Act) is omitted, as its purpose is only to provide for granting extraordinary allowances to the owners of certain specified ships. 58 GEORGII III. Cap. LXXXIV. An Act to remove Doubts as to the Validity of certain Marriages had and solem- nizedtvithin the British Territories in India. [bth June, 1818.] Whereas doubts liave arisen concerning the validity of marriages which iiave been had and solemnized within the British territories in India, by ordained ministers of the Church of Scotland as by law establislied : and whereas it is expedient that such doubts should be quieted, and that the law respecting such marriages should be declared for the future ; be it declared and enacted ; and it is hereby declared and enacted, by the King's most ex- cellent Majesty, by and with the advice and consent of the Lords sjiiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of tiie same, that Marriages solemnized all marriages heretofore had and solemnized, or which shall be had and solemnized within December by ministers *'^^ *''*''^ territories in India, before the thirty-first day of December now next ensuing, by cf the t luirch of Scot- ordained ministers of the Church of Scotland as by law established, shall be, and shall be force as if solemnized adjudged, esteemed, and taken to have been, and to be, of the same and no other force and by clergymen of the effect as if such marriages had been had and solemnized by clergymen of the Church of Church of England: i- i i /-,i i n and after that period, England, according to the rites and ceremonies of the Church of England ; and that from marriages betweui per- ^^^^ after the said thirty-first day of December now next ensuing, all marriag-es between sons of the Church of . . , Scotland by ministers persons, both or one of such persons being members or member of or holding communion and ain'oiin'ed"by''the ^^^'''^ ^'''^ Church of Scotland, and making a declaration to the effect herein-after mentioned, East-India Company, which marriages shall be had and solemnized witliin the Britisli territories in India, by ordained ministers of the Church of Scotland as by law established, and appointed by the United Company of Merchants of England trading to tiie East-Indies to officiate as chaplains within the said territories, shall be, and shall be adjudged, esteemed, and taken to be, of the same and no other force and effect as if sudi marriages were had and solemnized by clergymen of the Churcli of England, accortiing to the rites and ceremonies of the Church Declaration to be of England : provided always, tiiat from and after the said thirty-first day of December, no made by jiarties. ^^^^^^ marriage as aforesaid shall be had and solemnized, till both or one of such persons, as the case may be, shall have signed a declaration in writing, in duplicate, stating that they, or 59GEO.III. Cap. 2o.] 219 he or she, as the case may he, are or is members or member of or holding communion willi the Church of Scotland by law establislied. II. And be it furtiier enacted, that the minister by whom sucli marriage shall be Minist.-rslmll certify solemnized, shall, immediately upon the solemnization thereof, certify such marriage by a |ieUv"r"rd'u'[)'iiratc''of writing under his hand in duplicate, subjoined to or indorsed upon tlie declaration in the ct-rtificiite to the duplicate herein-before mentioned, sjiecifying in such certificate the names and descriptions f^not^i,^.^ '\o theTecre- of the jiarties between whom and of the witnesses in whose presence the said marriage has taiy ofthe presidency, been had and solemnized, and the time and place of the celebration of the same ; and such certificate in duplicate shall be also signed forthwith by the parties entering into such marriage, and by the witnesses to the same ; and the minister officiating shall deliver one duplicate of such declaration and certificate to the persons married, or to one of them, and shall transmit the other duplicate of such declaration and certificate to the Chief Secretary of Government at the presidency within which such marriage shall have been had and solemnized. 59 GEOIIGII III. Cap. XXV. An Act to ciia/jlc his Alajesty to Jiv tlie Rate (Did direct the Disposal of Freight Money, for the Conveyauce of Specie and Jewels on board his Mqjestifs Ships and Vessels. [Sth April, 1819.] AVhereas it is expedient that Ins Majesty should be authorized to fix the rate and di" rect the disposal and distribution of freight money for the conveyance of specie and jewels on board his IVIajesty's ships and vessels ; be it therefore enacted by the King''s most excellent Majesty, by and with the advice and consent ofthe Lords spiritual and temporal, and Com- mons, in this present Parliament assembled, and by the authority ofthe same, that from and after the passing of this Act all freight money to be paid for the conveyance in any of the Allfn-iitlit to he i>ai'nd lo persons cntor- extend, or \k construed to extend, to subject to any penalty any person wlio sliali enter into j„g ;„,„ ,„iiit„ry ser- the military service of any prince, state, or ])otentate in .Asia, with leave or licence, signilied vice in Asiii. in the usual maimer, from the Governor-gencial in Council, or Vice-|)resident in Council, of Fort William in Bqigal, or in conformity with any orders or regulations issued or sanctioned by such Governor-general or \'ii'e-prc.si(leiit in Cmmcil. 222 [1 Geo. IV. Cap. 35. 1 GEORGII IV. Cap. XXXV. An Act for the better securing Monies and Effects paid into the Court of Exche- quer at Westminster, on Account of the Suitors of the said Court, and for the Appointment of an Accountant-general and Two Masters of the said Court ; and for other purposes. \%th July, 1820.] Order of the Court Whereas his Majesty's Court of Exchequer at Westminster did, on the seventeenth day minster, 17th July, of July one thousand* seven hundred and forty-seven, make an order touching the money 1747, as to securing of belonning to the suitors of tliat Court, whereby- after reciting that his jMaiestv's remem- tne suitors' monev. ,- i . i /-, i i • i i ,' . „ , , , J - brancer ot the said Court and his deputy, had niformed the said Court, that there were standing in the name of the said deputy, in the books of the Governor and Company of the Bank of England, and in the hooks of the South Sea Company, divers sums in certain stocks and annuities of the said Companies resjjectively, \vhich had been purchased with the money of the suitors of the said Court, or were belonging to them, and that no declaration of trust had been or could be made in relation thereto, in the books of the said several Com. panics, without an order of the said Court for that purpose; it was ordered, that the said Deputy-remembrancer should cause the said sum to be transferred in the books of the said Companies into his name, as Deputy- remembrancer of the said Court, in trust to attend the orders of the said Court in the several causes to which the same respectively belonged ; and that for the future all other sums of stock or annuities, or any other transferrable securities for the benefit of or belonging to the suitors of the said Court, should be in like manner transferred in trust to attend the orders of the said Courf, to be made in the several causes to which the same should respectively belong ; and that the said Deputy-remembrancer should from time to time receive the dividends or interest to arise on all the said securities, in order to apply the same for the benefit of the suitors, pursuant to the orders of the said Court ; and by the said order, certain other regulations were made for the conduct of the said Deputy- remembrancer in the sale and transfer of such stocks and securities, and the receipt of the di- Effects, &c. of suitors vidends antl interest thereon: and whereas several effects of the suitors of the said Court citra orde" "" ^' ^^' '^^^^ ^id from time to time have been delivered into the Bank of England and elsewhere, and divers stocks, funds, and annuities were and have been transferred from time to time in the books of the Bank of England and elsewhere, South Sea Company, and East-India Company, into the name of tlie Deputy-remembrancer of the said Court for the time being, and are now standing in the said books in the name of Abel Moysev, Esq., the present Deputj'-remem- brancer of the said Court; but no declaration of trust relating thereto has been made in the books of the said several Companies, according to the said order, and large sums of money or securities for money belonging to the said suitors, are now in the hands, custody, or power of the said Abel Moysey ; and it is expedient tliat a fit and proper person should be appointed to be Accountant-general of the said Court, in whose name all effects, stocks, funds, annuities, and securities belonging to the said suitors, might become and be from time to time securely vested for the use of the said suitors, and who might keep the account of the funds of the said suitors, but who should have no power to dispose of or otherwise intermeddle with such funds, further or otherwise than as hereinafter directed : be it therefore enacted by the King's most excellent Majesty, by and with the consent of the Lords spiritual and temporal, and Commons in this present Parliament assembled, and by the authority of the same, that from 1 G to. IV. Cap. 35.] 223 and after the passing of this Act, no sum or sums of money, stocks, funds, or securities wliat- No money, &c. shall soever, belongin> in .1 • II -1 Act into excoutioii. saiil, antl tlie said Lourt, or Lord Chlel Jsaron or other Jiaron to l)e nonnnated and ap|)omted as aforesaid, are herc'liy authorized and empowcntl from time to time to make ail sncii further orders and regulations as the said Court shall deem necessarv and proper for eflectuating all or any of the purjxjses herein-before expressed: provided always, that when any such orders and regulations shall be made, a true copy thereof shall be made by the Clerk of the Reports, and signed by him, and transnn'tted to the said Account.nil-general, who sh;dl cause a true co])y of stich copy, signed by him, to be transmitted to the Governor or Deputy-governor of tlie Bank of England, or to any other Company, body ])olitic or corjiorate, whom it may con- cern, who, after receiving a copy of such orders and rt'gulations, shall cause the same to be observed in the same maimer as if any sudi orilcrs and regulations had originally fornu'd ;! part of this Act. XIX. And be it Inrther enacted, that in e.i-,. ji sliall happrii at any time that li:e Inrincol illnoss, Xic. A, ,, , . 1 ^, <■ T^ 1 111- I II i -n "' '''" .\cooHntiint-K«'- ccountant-gencral ol the said Court of Exehc (|urr Im- ihe tunc being siiail hy illness or any „cm\, the Court maj O ,. () 228 [1 Geo. IV. Cap. 35. order the other Master other cause be prevented from attending to tlie duties of the said office of Accountant-general, to act for liim in that j|jgj^ j^j^^j jj^ every such case, it shall and may be lawful for the said Court of Exchequer, or Lord Chief Baron, or Baron to be nominated and appointed as aforesaid, by any order or orders to be made for that purpose, to direct the other Master of the said Court for the time being, either generally or specially, to execute and perform all or any of the duties of the said Accountant-general in his name, and in such manner and under such regulations as shall be directed and contained in such order or orders to be made for that purpose ; and the person so to be appointed shall be called Accountant-general of the Court of Exchequer, pro tempore, and shall be so described in all acts to be done by him in the execution of the duties of the said office. Punishing persons XXVII. And be it further enacted, that if any person or persons shall at any time forging tiie hand writ- aftgj. the passing of this Act forge or counterfeit, or procure to be forged or counterfeited, ing of the Accountant- , ., . . , 5" . ' . .' , *? , . . „ ge'neiiii, &c. to a certi- or wilhnglv aid or assist in the forging or counterfeiting, the name or hand- writing of any ficate to receive the ^^.(.ountant-general of the said Court of Exchequer, or any Lord Chief Baron, or any suitors enects in the t> ^ n ' j ^ ^ j Bank. of the Barons of the said Court, or of the Clerk of the Reports, or of any of the cashiers of the said Governor and Company of the Bank of England, or of any officer of any other body politic or corporate, or company, whom it may concern, to any certificate, report, entry, indorsement, transfer, declaration of trust, note, direction, authority, receipt, instru- ment, or writing whatsoever, for or in order to the receiving or obtaining any money or effects of any of the suitors of the said Court of Exchequer; or shall forge or counterfeit, or procine to be forged or counterfeited, or wilfuUv aid or assist in forging or counterfeiting anv certificate, report, entry, indorsement, transfer, declaration of trust, note, direction, au- thority, receipt, or any instrument or writing in form of ^ certificate, report, entry, indorse- ment, declaration of trust, note, direction and authority, receipt, instrument, or writing made or given by such Accountant-general, Clerk of the Reports, or any of the cashiers of the Governor and Company of the Bank of England, or shall utter or publish any such, know- ing the same to be forged or counterfeited, or shall claim or demand payment of any sum or sums of money therein mentioned, with intent to defraud any person or persons, or body politic or corporate, or any public company whomsoever, then every such person and persons so offending, being tiiereof lawfully convicted, shall be and is hereby declared and adjudged to be guilty of felony, and shall suffer death as in cases of felony, without benefit of clergy. (1) (1) [The 11 Geo. 4, and 1 Wm. 4, cap. 66, restricted the punishment of death to certain cases of forgery therein specified. The -2 & 3 Wm. 4, cap. 123, confined it to forgeries of wills or testamentary writings, and of authorities to transfer certain public securities, or receive divi- dends thereon. The 1 Vic. cap. 84, abolished the punishment in these cases also, and substituted transportation or imprisonment.] 1 Geo. IV. Cap. 99.] 229 1 GEORGII IV. Cap XCIX. An Act to ciia'ik the East-Tndia Company to raise and maintain a Corps of Volunteer Infantry. [2^ th Ja/j/. 1^20.] Wlicreas the United Company of Merchants of England trading to tlie East-Indies are wiUing, and have offered to his Majesty, at their own expense, to raise and maintain a corps of volunteer infantry, not exceeding eight hundred rank and file, from amongst the persons in the employ of the said Company ; and such offer having been submitted to his Majesty's royal consideration, his IVIajesty hath approved thereof; but by reason of the appropriation of the revenues of the said United Company, to and for the purposes mentioned in an Act of Parliament, made in the fifty-third year of the reign of his late Majesty King George tlie Tliird, intituled, " An Act for continuing in the East-India Company, for a further term, 33G. 3, c. 156. the Possession of the British Territories in India, togetlier with certain exclusive Privileges; for cstablishins further Regulations for the Government of the said Territories, and the better Admiiiistiation of Justice within tlie same; and for regulating the Trade to and from tlie Places within the Limits of the said Company's Charter," the said United Company caiuiot pay the charges of the said corps without the authority of Parliament ; and it is ixpe- dicut that tlie said United Company sliould be enabled to pay the same : be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent ol' the Lords spiritual and temporal, and Commons, in this present Parliament asstiiibled, and by tlie authoritv of tlie same, that it shall and may he lawful to and for the said I'nifed Com- Enst- India Company pany, from time to time, to defray all and every the charges and expenses of raising, training, °f '^ ™^ ^^ 'of'TOhm^ clothing, arming, paying and maintaining the said corps, as long as the services tiiereof shall teers. be acccjited by iiis Majesty, his heirs or successors, the said Act of the fifty-third year of tlie reign of his late Majesty, or any appropriation, matter, clause, or thing therein contained, to tlie contrary thereof in anywise notwithstanding. II. And be it further enacted, that ail the cliMigi's and expenses of the saitl corps shall be Expense fliull be paid defrayed out of the commercial funds (1) of the said ( oiiipany. oMtcfrummoRmlftind. (1) [Tlic distinction between commercial and territorial funds is no longer preserved.] III. And be it furtiier enacted, tJiat such corps of volunteers so I'aised and maintained by I'.mploynicnt cf the tlie said United Company, shall ami may be employed upon such service and for such '■'"''I"'' purposes, upon and for which other \oluiitnr corps lawfully eiii])odie ' ' ' - . pany, person, serving or who mav have served on board of any ship or vessel in tlie service of the said Company, whether iiired or belonging to the said Company, in whatsoever service the same may have accrued, now remaining in the iiands of any prize-agent or agents, or any other person or persons whomsoever, shall be paid over to the said I'liited Compunv in London, or at any of their settlements abroad, according to the residence of tlie partv or parties paving the same, or as the Court of Directors of the said United Coinjianv shall direct ; and all sums of money when so paid over sliall be applied to the Hospital Fund .Apphcation of siieli established for the relief of jiersons and widows of persons belonging to ships and ves.sels in """"^y- the service of tile said United Coinpanv, coiiinionlv called "Poplar Hospital," for the pur- poses and objects of the said last-mentioned fund, according to the rules and regulations for the time being thereof; subject nevertheless to be refunded without interest to any person or persons entitled to the same, and establishing iiis, her, or their claim or claims thereto, to the satisfaction of the Court of Directors of the said Company, or of tiie Governor and Council of the settlement where the same siiall have been paid over to the said • Company. III. Provided always, and be it further enacted, tiiat all money herel)v ilirected to be Times within vxhieli paid over to the said United Company, and wliicli shall br to lie paid o\er in London, shall n"„X''" ' '" '" " be paid witliin six calendar months next after thi' jiassing of this. Act; .iiid all smli iikhuv whiili shall be to be ji.nid oviT at any of thi' settleiiunts abroad of the said I 'iiited ( 'oMi])anv. shall be paid within six calendar months tU'Xt after the Gov( i iiimnts at tiu' said sctlleinents respectively shall have caused the jirovisions of this Act, in liiat respect, to be notified in the way in which general orders for tiie army arc usually published at tiie saiil settlements respectively. 234 [1 & 2 Geo. IV. Cap. 61. Agents and other IV. And l)e it further enacted, that all and every person and persons whomsoever, who oath^accoumrof^uu- ^""^ required by this Act to pay over any money to the said United Company, shall and claimed shares. they are hereby required, without further requisition or notice, to deliver or cause to be delivered to the secretary of the said United Company in London, or to the several secretaries of the respective governments at the settlements abroad where such money shall be to be paid over to the said United Company respectively, a true and correct account of all the inonies remaining in his or their hands, and so to be paid over, with a list or lists of the names, rank, regiment, or other sufficient description of the persons entitled thereto, which account and lists shall be verified by the affidavit on oath of the party or one of the parties required to deliver the same, such oath to be taken before any Magistrate or otlier person authorized by any Court of Law or Equity to administer oaths, and which oath such Magis- trate or other person is hereby required to administer accordingly. The Court of Direc- V. And be it further enacted, that upon the reasonable request and notice of the Court of lbroaT''empmvered"to directors of the Said United Company, and the governments of the settlements of the said call for general prize Company abroad respectively, all and every person and persons whomsoever who are required by this Act to pay over any money to the said United Company, shall make out and deliver or cause to be made out and delivered to the secretaries of the said Court of Directors and of the said governments respectively requiring the same, full, true, and particular accounts in writing of all the receipts, payments, dealings, and transactions of such person and per- sons ; and if they shall be executors, administrators, agents, or representatives, then full, true, and particular accounts in writing of their several testators, intestates, and principals, any way relating to any booty, prize-money, or other matter in respect of which such money so to be paid over shall have arisen, with the dates of all and every such receipts, payments, dealings, and transactions, and true and correct lists aiul descriptions of all grants, deeds, writings, books of account, letters, and papers whatsoever, in the custody or power, or which ever shall have been in the custody or power of the persons respectively required to make out and deliver the same, or of their respective testators, intestates, or principals, any way relating to any sucli booty, prize-money, or other matter; whicli accounts and lists shall be verified by affidavit on oath, to the best of the knowledge, information, and belief of the jjerson or persons required to make out and deliver the same, such oath to be taken before any magistrate or other person authorized by any Court of Law or Equity to administer oaths, and which oath such magistrate or other person is hereby required to administer accordingly ; and all the grants, deeds, writings, books of account, letters, and papers relating to the matters aforesaid, and in the custody or power of the person or persons required to pay over any such money as aforesaid, shall be produced and shewn at all reasonable times at the place or places where such grants, deeds, writings, books of account, letters, and papers shall be usually kept and deposited, or in some other reasonable and convenient manner, to such person and persons as the said Court of Directors or the said governments respectively shall direct or authorize to inspect the same ; and such person and persons shall have full liberty to inspect, and take and cause to be taken such copies, extracts, and abstracts thereof, as he or they, or the said Court of Directors, or the said governments respectively, shall see Not to require ac- fit : provided always, that this Act, or anything herein contained, or the production, inspec- counts which have ,- ■ ^- ' c ^\ .^ i i ^ i r .• i i ii been legally closed. tion, or examniation ot tlie accounts, books, and papers before-mentioned, shall not m any way be deemed or construed to extend to open any account which shall have been conclusively closed and settled by the order, judgment, sentence, or decree of any Court of competent jurisdiction, or in any other manner by which the parties interested therein would have been concluded if this Act had not been passed, nor to prevent any Court of competent jurisdic- 4 1 &2Geo. IV. Cap. Gl.] 235 tion to order any such account to lie opeiieil, or to give lilierty for surcharge or falsification tliercof, upon just cause aiid ground shewn for tliat purpose. VI. And be it further enacted, that if any person or person.s whosoever shall he convicted Tersons taking false of making a false oath touching any of the matters directed or required by this Act to be and^'frsons'subor'ninK testified on oath, such iierson or persons so convicted as aforesaid shall be deemed guilty of ''"'''c to the penalties , , . , , . , ., . . of perjury according to perjury, and sliall be liable to tlie pams and penalties to winch persons guilty oi jjerjury are the law of Enjiand. liable by any law in force in that part of the United Kingdom called England ; anil if any person shall corruptly ])ro<:ure or suborn any other person or })ersons to swear falsely in any sucli oath, such person being duly convicted of such procuring and sulxirning, shall for every such offence incur and suffer such penalties, forfeitures, pains, and disabilities, as persons con- victed of perjury are respectively liah.le unto by any law in force in the said part of tiic said United Kingdom called England. •a VII. And be it further enacted, that the said United Company shall have and be entitled Power of recovery , . , ,. 1 1 1 i? • 1 • • 1 of monies directed to to the same rights, powers, remedies, and methods or suit at law or m equity, or by any be paid over. Admiralty jirocess, to be connnenced and prosecuted in the name of the said United Company in the several Courts of Justice in the United Kingdom and in the East-Indies, and elsewhere soever, for discovery and recovery of the monies iiereby directed to be paid over to the saitl Company, as the original owners thereof now have or are entitled to use or exercise ; and all Courts of Law and Equity, and of Admiralty jurisdiction, in the United Kingdom and Courts of Justice in- in the East-Indies, shall have and exercise the same jurisdictiim, powers, and authorities, for p„^^.f.'rJ ^«s' they *now compelling all and every person and persons to account for and pay over the monies liereby have with respect to directed to be paid over to the said United Company, as any Court of Law or Equity, or of gpa Hospitals. Admiralty jurisdiction, may now lawfully exercise with respect to any unclaimed balances payable to the treasurers of Greenwich Hospital and Chelsea Hospital respectively, by virtue of any Act or Acts of Parliament, or any law, usage, or custom whatsf)ever; and that it shall and may be lawful to and for the Coiu't of Directors of the said United Company, Court of Directors, and the several governments of the settlements abroad of the said United Company, to exercise auihority towhat'muy the same or the like powers and authorities for the recovery of the monies hereby directed to •><■ exercised by tlie , . , 1 • 1 IT • 1 /-I 1 ■ 1 1 • ',■ A treasurers of Green- be paid over to the said L nited Loiii])atiy, as may now be exuTised by virtue of any Act or « ich and Chelsea Uos- Acts of Parliament now in force relating to prize-money by the treasurers of Greenwich I'""'*- Hospital and Chelsea Hospital respectively, so far as such powers ami authorities extend to the recovery by tliem, and tlie discovery of unclaimed shares of ])ri/e-inoney ihie and be- longing to any officers, soldiers, or seamen in the service of his Majesty, and shall be applicable to tlie objects of this Act. V^III. And be it fLullur enacted, tliat nothing in this Act containetl shall ixteiui, or he Not to affict the in- construed to extend, to affect the Royal Hospital for soldiers at Chelsea, nor the Royal Hos- GJecmvichS'lospiiar.! pital for seamen at Greenwich, nor to take away, repeal, or diminisli any claim, right, or interest which by virtue of any law or laws now in force have been given or are now existing, or may hereafter by virtue of the said Acts become vested in the said royal hospitals or in the treasurers thereof, for the recovery of any unclaimed and forfeited shares of prize-nioney, for the benefit of the said institutions, or for the binelit of the person or persons entilleil lo any unclaimed and forfeited shares of prize-money, but the same shall continui' and uiiiMin in the said Conniiissiouers and in the said tri'asurers as if thi-> Act ii;id not hnn niaile. 2 II 2 236 [1&2 Geo. IV. Cap. 01. Acquitting persons paying over prize- money. Application of prize- monies remaining in the Imnds of the East- India Company. IX. And be it further enacted, that all and every person and persons, who shall pay over to the said Company, or to any other person or persons, by their order or for their use, any sum or sums of money under the provisions of this Act, shall, from and after such payment, be absolutely acquitted and discharged from all claims and demands whatsoever of all and every other person and persons to the same monies which shall be so paid over. X. And be it further enacted, that all unclaimed shares of booty, prize-money, head- money, bounty-money, and salvage-money, and of money arisen from or distributable in respect of any capture or other warlike service whatsoever, belonging to officers and soldiers in the service of the said Company, and to commanders, officers, sailors, and other persons serving on board such ships as aforesaid, in the service of the said United Company, and whicli now remain in the hands of the said United Company, or in any of their treasuries abroad, shall forthwith be carried over by order of the Court of Directors of the said Company, to the credit of the said respective funds, called " Lord Clive's Fund," and " Poplar Hospital;" to be applied to and for the purposes and objects of the said funds respectively, in like manner as the monies herein-before directed to be paid to them are to be applied ; and in case at any time the person or persons originally entitled to the same, or their representatives, shall establish their claims thereto to the satisfaction of the said Court of Directors, or of the Governor and Council of the settlement where the same money sh.nll now remain, then the said Court of Directors shall cause the said money to be refunded accordingly, and the same shall be brought back from the fund to which it shall have been carried, as herein-before is mentioned. Expenses of carrying this Act into execution to be defrayed out of tlie monies recovered. XI. And be it further enacted, tliat all expenses incurred or to be incurred in executing this Act, and the sums paid in remunerating the officers or persons employed on behalf of the said United Company, for their care, pains, and trouble in performing the regulations and directions thereof, shall, so far as the same relate to those officers or persons, be subject to the discretion of the Court of Directors for managing the affairs of the said Company, and shall be paid out of the principal monies to be recovered and discovered as aforesaid, on Persons employed account of such shares respectively : )jrovidcd, nevertlieless, that no person employed by the by the Company not to said United Company in executing the regulations of this Act, shall act as an agent for act "^s a^^ents. r j ... . " prizes, or be concerned directly or indirectly in the business tliereof, under the penalty of five hundred pounds. Penalty £500. Not to prevent per- sons trynig prize-money. rights to XII. Provided always, and be it further enacted, that nothing in this Act contained shall extend, or be construed to extend, to prevent any person or persons from resorting to any remedy at law or in equity, against the said Company, for the recovery of the principal, without interest, of any money to whicli he, she, or they may be entitled, and which .shall have been paid to the said United Company, or whicli shall have been carried over by the said Company to the credit of either of the funds herein-before mentioned, under the directions of this Act ; provided such person or persons shall have preferred his or their claim thereto to the said Court of Directors, if such money shall have been paid over to the said Company in England, or shall have been carried over from their funds at home, or to the Governor in Council of the presidency where the same shall have been paid or cai-ried over, if paid over to the said Company, or carried over from their funds in India, within six years after the same shall have been so ))aid or carried over ; any thing herein contained to the contrary notwithstanding. K>t 2 Geo. IV. Cap. 78.] 237 XIII. And be it furtlier enacted, that this Act siiall be deemed and taken to be a public Public Aet. Act, and shall be judicially taken notice of as such by all Jud be iu tance of any inland bill of exchange shall be sufficient to charge any person, unless such ac- ""'"'b' "" the bdl. ceptance be in writing on such bill, or if tlure be more than one |>art of sueli bill, on one of the said parts. 238 [3 Geo IV. Cap. 93. 3 GEORGII IV. Cap XCIIL Ax Act for carrying into Execution an Agreement between his Alajesti/ and the East- India Company. [30t/i July, 1822.] The purposes for which this Act was passed having been effected, it is only necessary to insert sections 3 and 4. East- India Company, HI. And be it furtliei' enacted, that from and after such payment by tlie said United Com- ^v,''to"be finally pany hito his Majesty's Exchequer, as herein-before is mentioned, the said United Company money. discharged of all claims, shall be, and they are hereby acquitted, exonerated, and absolutely and for ever dischai-ged of and from all further payments whatsoever, in respect of tiie interest, sinking fund, charges of management, or otherwise howsoever, under or by virtue of the said Act of the fifty-second year of the reign of his said late Majesty, or in anywise relating to or by reason of the loan or advance of two millions five hundred thousand pounds therein and herein-before mentioned ; and that the said United Company shall be, and they are hereby acquitted, exonerated, and absolutely and for ever discharged of and from all sums of money due and owing by them for and on account of his Majesty's troops serving in India, computed to the said thirtieth day of April, one thousand eight hundred and twenty-two, and from all claims and demands of liis Majesty, his heirs and successors, in respect thereof, or on any account whatsoever, in rela- tion to the matters aforesaid, up to the said thirtieth day of April, one thousand eight hundred and twenty-two, save and except as herein-after is mentioned ; and that all accounts between the Paymasters-general of his ]\!ajesty's forces and the said Company, shall be held to have been closed on the thirtieth day of April, one thousand eight hundred and twenty-two ; and that his Majesty, his heirs and successors, shall be acquitted, released, and discharged of and from all claims and demands whatsoever of the said Company, in respect of any sums of money advanced or paid by them for the service of his Majesty in the East-Indies, or in rela- tion to the Island of Saint Helena, or otherwise on any account whatsoever, in relation to the matters aforesaid, to the said thirtieth day of April nov/ last past, save and except as herein- Public property in after is mentioned ; and that all the stores and pubHc property which may now remain in the fhe "property oT^t'be ^^'^"'^ °^ ^'*^"* Helena, shall be and become the property of the said United Company, for Company. their ow'n use. His Majesty's claims IV. Provided always, and be it further enacted, that nothing herein contained shall in in certain respects, not anywise prejudice the right of his IVIajesty, his heirs or successors, to any spices belonging to his Majesty, and now in the possession of the said United Company, nor to the proceeds of any such spices as may have been sold by the said United Company on account of liis Majesty, and now unaccounted for ; but his Majesty, his heirs and successors shall have the same right thereto, and the same remedies in respect thereof, as if this Act had not been passed ; and in like manner, nothing herein contained shall in anywise prejudice the right of the said United Company to all such sum and sums of money as on the said thirtieth day of April now last past, was or were due, and owing or payable, by the Commissioners of his Majesty's Navy, for or on account of hemp brought home for and supplied to his Majesty, nor to interest on anv such sum or sums of money ; nor to any bill or bills of exchange drawn or to be drawn in the East-Indies on any public office or offices of his Majesty's Government, 4Gi;o. IV. Cap. 71.] 239 in respect of current public services in India, prior to the said tliirtietli day of April, one thousand eight hundred and twenty-two; but the said United Company and their successors, shall have the same rights thereto, and remedies in respect thereof, as if this Act had not been passed. 4 GEORGII IV. Cap. LXXI. An Act for dcfrai/i/ig the Charge of Retiring Puij, Pensions, atid other Ex- penses of that nature, of his Majesty's Forces serving in India ; for establishi/ig the Pensions of the Bishop, Archdeacons, and Judges ; for regulating Ordina- tions ; and fur establishing a Court of Judicature at Bonibai/. [Wth July, 1823.] Whereas by an Act made and passed in the thirty-third year of tlie reign of his late 33G. 3, c. 52. Majesty King George the Third, intituled, " An Act for continuing in the East-India Com- pany, for a further Term, the Possession of the British Territories in India, together with their exclusive Trade, under certain Limitations ; for establisliing further Regulations for the Government of the said Territories, and the better Administration of Justice within the same ; for appropriating to certain Uses the Revenues and Profits of the said Company ; and for making Provision for the good Order and Government of the towns of Calcutta, Madras, and Bombay,'^ it is enacted, that all sums issued by the Paymaster-general of his Majesty "'s Forces, for and on account of his Majesty's forces serving in India, or for raising and sujjplyiiig recruits for the same, shall be re])aid by the said United Company, and that the actual expenses only which arc incurred for the support and maintenance of the said troops shall be borne and defrayed by the said United Company : and whereas, by another Act made and passed in tlie fifty-third year of the reign of his said late Majesty, intituled, 53 g.3, c. 155. " An Act for continuing in the Ijast-India Company for a further Term, the Possession of the British Territories in India, tojiether with certain exclusive Privileges; for establishinjr further Regulations for the Government of the said Territories, and the better Administra- tion of Justice within the same; and for regulating the Trade to and from the Places within the Limits of the said Company's Charter," it is enacted, tliat for and during tlie continuance of the possession and government of tlie said territorial acquisitions and revenues in the said United ('ompany, the rents, revenues, and profits arising from the said territorial ac(|ui- sitions, after defraying tlie charges and expences of collecting the same, shoulil ])e applieil and disposed of to and for the uses and purjxjses and in tlie order of preference therein-aftei- expressed, and to or for no other use or purpose or in any other manner whatsoever, any -\ct or Acts of Parliament then in force to the contrary notwithstanding : and in llie lirst place in defraying all the charges and expenses of raising and maintaining the forces, as well European as native military, artillery, and marine on the cstablislnnents in the East- Indies and parts aforesaid, and of maintaining the forts and garrisons there, ami providing warlike and naval stores; but no provi>iideration thereof have agreed to pa\', for those purposes, the annual sinn of sixts ihnn^aiul pouiuis. to commence from the thiitieth day of .\pril one thousanii eight hundred and twenty two, out •240 [4 Geo. IV. Cap. 71. of the territorial reveraies in the East-Indies, as herein-after mentioned; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the 111 addition to the autliority of tlie same, that over and above all sum and sums of money now payable by the EaTt'^ir'^Conijan'^ ^^^^ United Company in respect of his Majesty's forces serving in the East-Indies, the to pay an annual sum annual sum of sixty thousand pounds, to commence from the said thirtieth day of April pl^*'pSns%Tothe? o"e thousand eight hundred and twenty-two, shall be paid out of the rents, revenues, and allowances of liis Ma- profits arising from the said territorial acquisitions, in full discharge and satisfaction of all m India. claims upon the said Company for retiring pay, pensions, and other expenses of that nature, granted or payable by his Majesty or by authority of Parliament or otherwise, in re.-pect of any of the forces of his Majesty which have served, are now serving, or wliicli hereafter may serve in the East-Indies ; such annual sum of sixty thousand pounds to be payable by the said United Company out of any money in their treasury applicable to the territorial charges To be paid quarterly, in the East-Indies, by even quarterly payments, on the thirtieth day of July, the tliirtieth day of October, the thirtieth day of January, and the thirtieth day of April in every year, into the receipt of his IVIajesty's Exchequer, there to remain at the dispo.sal of Parliament ; and such payments sh;dl be charged upon and borne by the rents, revenues, and profits arising from tlie territorial acquisitions, in the same order as the charges and expenses of raising and maintain- inar the said forces are now charged and borne. Repeal of provision H. And whereas by the said Act of the fifty-third year of the reign of his saiil late in o3 G. 3, c. 15.3, re- lyja^gstv Kino- Georffe the Third, provision was made for granting certain pensions to the specting pensions of J.' » e. ,, ,./-,i -ari iSi -i i bishop and archdea- Bishop of Calcutta, and the .Archdeacons of Calcutta, JMadras, and Bombay respectivelv, who eons. .should have exercised in the East-Indies, or parts in the said Act mentioned, for fifteen years, the office or offices of bishop or archdeacon ; and it is e.\pe(lient to shorten tlie period (luring which such bishops and arclideacons respectively are required to hold their said offices before such pensions could be granted to them respectively, and to make other provisions respecting such pensions : be it enacted, that so much of the said Act as relates to such pensions shall be and the same is hereby repealed. Pensions to bishop III. And be it furtiier enacted, that it shall and may be lawful for his Majesty, his heirs and archdeacons. ^^^^j gu^cessors, in manner in the said Act mentioned, to grant to any such bishop who shall have exercised in the East-Indies, or parts aforesaid, for ten years, the office of bishop or arch- deacon, and to any sucii archdeacon who shall have exercised in the East-Indies or parts afore- said, for ten years, the office of archdeacon, pensions not exceeding such sums respectively as his Majesty by tiie said Act of the fifty-third year of the reign of his late INIajesty is empowered to grant to any such bi.shop or archdeacon. (1) (1) [To the Bishop of Calcutta, £1,500 per annum. To an Archdea- con, .£800 per annum. By the 6 Geo. 4, cap. 85, sees. 15 and 16, the Bishop ot" Calcutta, relinquishing his see from illness or infirmity, after five years' exercise of his office, may receive a pension of £750 ; and, after seven years' exercise, £1,000 per annum. For retiring pensions of Bishops of Madras and Bombay, see 3 & 4 Wm. 4, cap. 85, sec. 96 ; and for the effect of translation in estimating the period of residence, 4GEO. IV. Cap. 71.] 241 as well as that of previous archdiaconal residence by a Bishop of Madras or Bombay, see sec. 98 of the same Act.] IV. Provided also, and be it further enacted, that if any person residing any time in tlie Chaplains acting as East-Indies or parts aforesaid, as one of the chaplains of tlie said United Company, sliall have tUled'to''pension!"'in''a been or shall be appointed to the office of such archdeacon as aforesaid, and shall have certain proportion. resided in the East-Indies or parts aforesaid as such archdeacon seven years, the period of residence of such ])erson as cliaplain, shall be accounted and taken as and for a residence as such archdeacon, in the proportion of three years residence as such chaplain to two years Further provision as residence as such archdeacon : provided also, that nothing herein contained shall extend, or be '° "^''"P'"!"'- construed to extend, to prejudice tlie right of any person being or having been a chaplain of the said United Company, to any benefit he may be entitled to as under or by virtue of any regulation now in force, or hereafter to be made by the said United Company or their Court of Directors, nor to prejudice or affect the right of the said United Company, or their Court of Directors, to make, repeal, vary oi' alter any regulation or regulations respecting the chaplains of the said United Company, or the pay or allowances, pensions or retirements of such chaplains which the said United Company or their Court of Directors may now lawfullv make, repeal, vary, or alter. V. And whereas it is y)roper that a suitable house of residence siiould be provided for the Kesidence ami ox- said bishop, and that the expenses of his visitations ^liould be defrayed by tiie said Com])any ; ^f^^^ *'to'"bc'deiravc°d be it therefore further enacted, that it shall and may be lawful for the said Company, and they by the Company, are hereby required to |)rovide a suitable house at Calcutta for the residence of the said bishop. and that the expense of the visitations to be made by the said bishop from time to tinii' shall be defrayed by the said Company, out of the revenues of the British territories in India: pru- vided always, that no greater sum on account of ]iroviding such house, or of sucii visitations, lye at any time issued, than siiall from time to time be dedncd and settled by the Court of Directors of the said Company witli the approbation of the Commissioners for the affairs of India, any law or statute to tiie contrary notwithstanding. V'l. And whereas doubts have arisen whether the Bishop of Calcutta, in conferring holy Power to the Bishop orders, is subject to tiie several provisions and limitations established by the laws of this realm °',.5*'".'"? !," I'^T" •' , ' , "^ persons to holy ordcis. or canons ecclesiastical, as to tin- titles of the persons to be ordained, and as to the oaths antl subscriptions to be by sucji jjer.sons taken and made; be it further declared and enacted, that it shall and may be lawful for the Bishop of Calcutta for the lime being to admit into the holy orders of deacon and priist respectively any jier.son whom he shall, upon examination, deem duly ([ualified, especially for the purpose of taking upon hiujself the ciuv of soub. or officiating in any spiritual capacity within thi' liiuils of tiie said dioit^e of Calcutta, and re- siding tiierein ; and that a declaration of such ])urpose, and a written I'Ugagement to ])er- form tlie same, under the hand of such ])erson, being deposited in the hands of such bishop, shall be held to be a sufficient title with a view to such ordination ; and that in every such case, it siiall be distinctly stated in the letters of ordination of every jierson so admitted to holy orders, that he has been ordained for the cure of souls within the limits of the said ilio- cese of Calcutta only ; and that unless such person shall be a British subject of or belonging to the United Kingdom of (ireat Britain and Ireland, he shall not be required totaki' and make the oatlis and subscriptions whicii persons ordained in England are re(juired to take and make: provided always, that notliing herein contained shall be construed to reiK'al or affect 2i 242 [4 Geo. IV. Cap. 71. Provisions of53G. the provisions of an Act, passed in the fifty-third year of the reign of his late Majesty King 3, c. 155, not to be George the Third, intituled " An Act for continuincr in the East-India Company, for a fur- affected. ^^ . . ... ther Term, the Possession of the British Territories in India, together with certain exclusive Privileges ; for establishing further Regulations for the Government of the said Territories, and the better Administration of Justice within the same ; and for regulating the Trade to and from the places within the limits of the said Company's Cliarter," or any Letters Patent issued by his late Majesty, or by his present ]\Iajesty, tlicir heirs and successors, in virtue of the said Act or of their lawful prerogative. Supreme Court of VII. And whereas his late Majesty King George the Second did, by his Letters Patent bear- to be estabUshfd™"'''^ "'» ^'^te at Westminster the eighth day of January in the twenty-sixth year of his reign, grant unto the LTnited Company of Merchants of England trading to the East-Indies his royal Charter, thereby, amongst other things, constituting and establishing Courts of civil, criminal, and ecclesiastical jurisdiction at the United Company's I'espective settlements at Madraspatnam, Bombay or the island of Bombaj-, and Fort William in Bengal : and whereas the said Cliarter, in as far as it respects the administration of justice at Bombay, has been 37 G. 3, c. U2. altered and changed by virtue of an Act passed in the thirty-seventh year of his late Majesty Kino- Georse the Third, intituled, " An Act for the better Administration of Justice at Cal- cutta, jMadras, and Bombay ; and for preventing British Subjects from being concerned in Loans to Native Princes in India;" and by Letters Patent granted by his said late IVIajesty King George the Third, and bearing date at Westminster on the twentieth day of February in the thirty-eighth year of his reign, amongst other things, for the establishment of a Court called " The Court of the Recorder of Bombay :" and whereas the said Charter of the eighth day of January in the twenty-sixth year of the reign of his Majesty King George the Second, so far as it respects the administration of justice at Fort William in Bengal, has been altered 13 G.3, c. 63. and changed by virtue of an Act passed in the thirteenth" year of his said late Majesty King George the Third, intituled, " An Act for establishing certain Regulations for the better Management of the Affairs of the East-India Conipanv, as well in Indians in Europe,"' and by divers subsequent statutes: and whereas the said last-mentioned Charter, so f;u- as it respects the administration of justice at Madras, has been altered or changed by virtue of the said Act of the thirty-seventh year of his said late IVIajesty King George the Third, and also by an Act 39&10G. 3, c. 79. of tlie thirty-ninth and fortieth years of his said late Majesty, intituled, " An Act for esta- blishing certain Regulations for the Government of the British Territories in India, and the do ^ better Administration of Justice within tlie same:" and whereas it may be expedient, for the better administration of justice in the said settlement of Bombay, that a Supreme Court of Judicatin-e should be established at Bombay, in the same form and with the same powers and authorities as tliat now subsisting by virtue of the several Acts before mentioned at Fort Wil- liam in Bengal ; be it thei-efore enacted, that it shall and may be lawful for his ]\Lijesty, his heirs and successors, by Chiirter or Letters Patent under the great seal of Great Britain, to erect and establish a Supreme Court of Judicature at Bombay aforesaid, to consist of such and the like number of persons, to be named from time to time by his Majesty, his heirs and successors, with full power to exercise such civil, criminal, Admiralty, and ecclesiastical juris- diction, both as to natives and British subjects, and to be invested with such powei's, and authorities, privileges and immunities, for the better administration of the same, and subject to tlie same limitations, restrictions, and control, within the said town and island of Bondjay, and the limits thereof, and tlie territories subordinate thereto, and within the territories which now are or hereafter may be subject to or dependant upon the said government of Bombay, as the said Supreme Court of Judicature at Fort William in Bengal by virtue of any law 4G£0. IV. Cap. 71.] 243 now in force and unrepealed dolh consist of, is invested with, or subject to, witliin the said Fort William, or the places subject to or de{")endant on the government thereof: provided always, that the Governor and Council at Bombay, and the Governor-general at Fort Vii]- liani aforesaid, shall enjoy the same exemption and no other, from the antlioritv of tlie said Supreme Court of Judicature to be there erected, as is enjoyed by the said Governor-general and Council at Fort William aforesaid for the time being, from the jurisdiction of the Supreme Court of Judicature there already by law established. VIII. And be it further enacted, that if his Majesty, his heirs or successors, shall grant Records of Mayor's such Charter as aforesaid, and erect such Supreme Court of Judicature at Bombay as afore- f-""^',."' I'^'nl'ay to . 1 1- 1 "" uelivered over to said, all the records, mununents, and proceedings whatsoever, of and belonging to the late Supreme Court. Mayor's Court at Bombay, or to the late Court of Oyer and Terminer and Gaol Delivery, ■which were by the said Act passed in the thirty-seventh year of his said late Majesty King- George the Third directed to be delivered over, preserved, and deposited in the new Courts erected by virtue of the said Act, and all records, muniments, and proceedings whatsoever, of and l)elonging to tlie said Court of the Recorder of Bombay, or to any of the Courts established under and by virtue of the said Act passed in the thirty-seventh year of the reign of his said late JNIajesty King George the Third, shall from and immediately after such Supreme Court of Judicature, as his JNIajesty is hereby empowered to erect, shall be established at Bombay, be delivered over to be preserved and deposited for safe custody in the said Supreme Court of Judicature to be erected at Bombay, to which all jiarties con- cerned shall and may have resort and recourse upon application to the said Court. IX. And be it further enacted, tiiat so much of the Charter granted by his said late Repeal of so much of ■ Majesty King George the Third, for erecting the Court of the Recorder of Bombay, as ^^^^^"^ Courtlf' Rc- relates to the appointment of such Recorder and the erecting of such Courts of Judicature at corder. Bombay, in case a new Charter shall be granted by his Jlajesty, his heirs or successors, and shall be openly published at Bombay, from and immediately after such publication shall cea.se and determine, and be absolutely void to all intents and purposes whatsoever ; and all powers and authorities granted by the said Act of the thirty-seventh year of his said late Majesty King George the Third, to the said Court of the Recorder at Bombay, shall cease and determine and be no longer exercised by the said Court, but tiie same shall and may be exercised by the Supreme Court of Judicature to be erected by virtue of this Act, in the manner and to the extent herein-before directed. Section 10 authorizes the payment of certain salaries to the Judges of the Supreme Court at Bombay, the amounts of which are varied by 6 Geo. 4, cap. 85, sec. 2. XI. And be it furtiier enacted, that the said .salaries of such Ciiief Justice and Judges Salaries to be in lieu shall commence and take place from and after their respectively taking upon them the °' "" '"'^^''• execution of their office as aforesaid, and that all such salaries shall be in lieu of all fees of office, perrpiisites, emoluments, and advantages whatsoever; and that no fees of office, penpiisites, emoluments, or advantages whatsoever, shall be accepte'• o , o 244 [4Geo.1V. Cap. 71. of the said Supreme Court to be erected in pursuance of this Act, and who shall be resident in the United Kingdom at the time of his appointment, the sum of one thousand two hundred pounds, and to every person who shall be appointed Puisne Judge of the said Court, and who shall be resident in the United Kingdom at the time of his appointment, the sum of one thousand pounds, for the purpose of defraying the expenses of their equipment and voyage. Salary to cease on XIII. Provided always, and be it further enacted, that when either of the Judges of the u gea eavmg ii la. Supreme Court of Judicature, which his Majesty is hereby empowered to erect at Bombay, shall respectively leave India, the salary payable under and by virtue of this Act to any such Judge shall cease and be no longer paid; anything herein contained to the contrary thereof in anywise notwithstanding. Repeal of provision XIV. And be it further enacted, that .so much of the said Acts of the thirty-seventh and '" r,,^^ & 40 G. 3, of the tliirty-ninth and fortieth years of his late Maiestv King- George the Third, as relates c. 79, respecting India .... . . J J b o ' Judges' time of resi- to tile tnne during which the Chief Justices, Judges, and Recorder of the Courts therein to pens'ions"'"'^ "'^'" "lentioned are required to reside in India before any allowances can lawfully be made to them upon retirement, or which limits the amount in the whole to be paid on account of such allow- ances, shall be and tlie same is hereby repealed. The 15th and 16th sections, relating to pensionary provision for retired judicial officers, and the period of residence required as a qua- lification, are repealed by 6 Geo. 4, cap. 85, sec. 6. See sections 7 to 14 of that Act for present regulations on the subject. Court at .Aiadras XVII. And be it fiu'ther declared and enacted, that it hath been and is and shall be ?hfsamTpmversas?he lawful for the Supreme Court of Judicature at Madras, within Fort Saint George and the Court at Fort William town of JNIadras and the limits thereof, and the factories subordinate thereto, and within the territories which now are or hereafter may be subject to or dependant upon the Govern- ment of Madras ; and that it shall be lawful for the said Supreme Court of Judicature at Bombay, to be created by virtue of this Act, within the said town and island of Bombay, and the limits thereof, and the factories subordinate thereto, and within the territories which now are or hereafter may be subject to or dependant upon the said Government of Bombay ; and the said Supreme Courts respectively are hereby required, within the same respectively, to do, execute, perform, and fulfil all such acts, authorities, duties, matters, and things whatsoever, as the said Supreme Court of Fort William is or may be lawfully authorized, empowered, or directed to do, execute, perform, and fulfil within Fort William in Bengal aforesaid, or the places subject to or dependant iqjon the Government thereof. Present pensioii.=; not XVIII. Provided always, and be it further enacted, that nothing in this Act contained ecte . shall extend, or be construed to extend, to affect any warrant which may have been granted by his Majesty before the passing of this Act, in virtue of any Act now in force, for the pay- ment of a pension to any person who has resigned the office of Chief Justice or Judge of the Supreme Court of Judicature at Fort William in Bengal or at Madras, nor to affect the power of his Majesty to grant such warrants in favour of any person now exercising the office of Chief Justice or Judge ; and that any such warrant and warrants shall be obhga- tory on the said Company, in like manner and under the same restrictions and provisions as if this Act had not passed. 4 Gko. IV. Cap. 80.] 245 4 GEORGII IV. Cap. LXXX. An Act to consolidate and amend the several Lairs now in force with respect to Trade from and to Places within the Limits of the Charter of the East- India Company, and to ina he further Provisions with respect to such Trade; and to amend an Act of the present Session of Parliament, for the registering of Vessels, so far as it relates to Vessels registered in India. [\Sth Jnli/, 1823. This Act, which repealed various previous euactmeuts relating to the trade of the East-India Company, was itself repealed by 3 & 4 Wni. 4, cap. 93, except the repealing clauses, and the following sections relating to Asiatic seamen. XX. I'l-ovitled always, and belt further enacted, that no Asiatic sailors, Lascars, or iia- Lascars and natives tives of any of tlie territories, countries, islands, or places within the limits of the Charter of °ish"'|ji'n"|ncrs' 'witlun the East-India Company, .ilthough born in territories, countries, islands, or places under the the meanin); of ,34 G. government of his Majesty, or of the East-India C()m])anv, shall at any time be deemed or taken to be British sailors, seamen, or mariners, within the intent and meaning of an Act passed in the tiiirty-fourth year of the reign of his late Majesty, intituled, " An Act for the further encouragement of British Mariners, and for other Pin-poses therein mentioned," or of any other Act or Acts of Parliament relating to tlie navigation of British ships by subjects of his Majesty, for the purpose of entitling any ship or vessel to be deemed to be a British ship navigated according to law, and to have tiie jirivileges and advantages of British ships having the master and three-fourths of tlic mariners British subjects, anything in the said recited Act of the thirty-fourth year aforesaid, or in any other Act or Acts of Parlia- ment, or law or laws to the contrary notwithstanding : provided also that it sliailbe lawful for his Majesty, by his royal proclamation, upon or after the commencement of any hostilities, to permit all merchant ships or any other trading vessels, and all ])rivateers, to be manned wholly or in any such proportions as shall be specified in any such j)roclaniation, witii such Asiatic sailors, Lascars, or natives as aforesaid, for and during such periods as shall i)c specified in any such proclamation as aforesaid. XXI. And whereas Lascars and other natives of the East are not deemed to be equal in \ proportion of IJrU strengtli and use to European or other seamen, and tlie re(|uiring the proportion of three-fourths *"'' **'"/"''". '"hiil''6ulli- of Britisii seamen in ships iiaving as part of the crew Lascars and natives of tlie East, would cicnt. compel such ships to carry a larger number of British seamen than other ships, or to employ a smaller nund)cr of Lascars and natives of the East than woidd be sufficient to iiiaivca jiroper crew ; be it therefore enacted, that any ship or vessel duly registered, manned in part with Lascars or natives of India, which shall be conmiandcd by a British master, and navigated by four British seamen as part of the crew, for every luuulred tons of her registered luirliien, and so in proportion for any part of a hundred tons shall be diH.'med, construed, and taken to lu' navigated according to law as to the crew of any such sliip or vessel; althougii the numbi r of such British seamen shall not be equal to the proportion of three-fourtlis of the wliole crew of such ship or vessel; anything in any Actor Acts of Parliament, or law or law> to the contrary notwitlistaniling. 246 [4 Geo. IV. Cap. 80. In cases where in XXII. And whereas it may not always be possible to procui-e the due proportion of Bri- IndmasuBicientTiura- tisli seamen at ports in India for vessels sailing from India; be it therefore enacted, that oer of British seamen '■ <■ u t i- cannot be obtained, it shall be lawful for any of the governments of the East-India Company in India, or for Srshhi^to ^tf '"^'^"^*^ any governor or lieutenant-governor of any colony, territory, or island belonging to his Majesty, within the limits of the said Charter, and they and he are hereby required, on application made by the owner or commander of any ship or vessel, and after having ascer- tained by due inquiry that a sufficient number of British seamen cannot be procured for the crew of any ship or vessel sailing from India, within ten days from such application, to certify the same, and license such ship or vessel to sail and carry on her voyage with a less propor- tion of British seamen than required by law ; and every such ship, having on board such licence, and the propoi-tion of British seamen therein specified, shall be deemed to be navi- gated according to law, notwithstanding such deficiency of British seamen. Act not to require Bri- XXIII. Provided always, and be it further enacted, that nothing in this Act, or in any tish seamen on board other Act or Acts of Parliament contained shall extend, or be construed to extend, to require vessels employed in i/.t>--i i^ij ft • trade between port and any number of British seamen to be on board as part of the crew or marmers of anv ship or P"'^- vessel emploved in trade only between ports and places within the limits of the Charter of the said Company, including the Cape of Good Hope. 51 G.3, c. 1^ re- XXIV. And be it further enacted, that from and after the first day of June, one thousand rrvJltUj^'iailoR '&" "gilt hundred and twenty-four, all the provisions contiUned in an Act passed in the fifty- except as to the reco- fourth year of the reign of his late Jlajesty King George the Third, intituled, " An Act to boru!° "'""'"^ " continue until the First Day of January, One thousand eight hundred and sixteen, and to amend several Acts for altering Importations from and Exportations to the Places within the Limits of the Charter of the East-India Company, in Ships not of British-built, and for the better JIaintenance and Care of Lascars and other Asiatic Seamen arriving in this King- dom," relative to Asiatic sailors, Lascars, or natives of any territories, countries, or places within the limits of the Charter of the said L^nited Company, shall be and are hereby repeiiled : save and except as to the recovery of any sum or sums of money which have become or may become due on any bond or bonds whicli may have been or ought to have been entered into before the said first day of June, one thousand eight hundred and twenty- four, or of any sum or sums of money which have otherwise become or may become due by virtue of the said Act, before the said first day of June, one thousand eight hundred and twenty-four, all which sums of money shall and may be recovered in the same manner as if this Act had not been passed ; anything herein contained to the contrary notwithstanding. Governor of Fort XXV. And be it further enacted, that it shall and may be lawful to and for the Govemor- Wiiiiam to make rules, general of Fort William in Bengal, in Council, and he is hereby required, as soon as may roasters, &c. of vessels be, to make, ordain, and publish, and from time to time, as occasion mav require, to repeal and alter, and newly to make, ordain, and publish, such rules and regulations, to be observed by masters, officers, and owners of ships and vessels trading under the authority of this Act, tlie crews of which ships or vessels shall be wholly or in part composed of Asiatic sailors, Lascars, or natives of any of the territories, countries, islands, or places within the limits of the Charter of the said United Company, for the due supply of provisions, clothing, and other necessary accommodation of such Asiatic sailors, Lascars, and natives aforesaid, whilst they shall be on board such ships or vessels, and whilst absent from the countries or places to which they shall respectivel}- belong, and until they shall be carried back to the places to which they may belong, or from whence they may have been brought, and for the -tiadini: under this Act. 4 Geo. IV. Cap. 80.] 247 conveyance back of such Asiatic sailors, Lascars, or natives aforesaid, witliiu a reasonable time to be fixed by such rules or regulations. XXVI. And \x it further enacted, that all sucli rules and regulations, until they shall be sucli rules and regu- rencaled or altered, shall be observed and performed according to the true intent and meaning !"''"''* '" ^'^ observed itj/tu.tvi v^i 5 r iiiir. 1 ^1- "in like njimiicr us if thereof, in like manner as if they had been herem nisertcd and had formed part of this Act ; tliey iiad formed part and a copy of all and every such rules and regulations, signed and authenticated as such by of""^ A*-"'- the secretary for the time being of the Government of Bengal, or by the secretary for the time beino- of the said United Company, shall be deemed and received and taken, in and by all Courts, Justices, and other persons, as full, sufficient, and conclusive evidence of such rules and i-egulations. XXVII. And be it further enacted, that the master or otiier person having the command Jiasters of vessels to of every ship or vessel trading under the authority of this Act, which from and after the "as^c'ar,"L'.''o,f bXd! passing of this Act shall arrive at any port in the United Kingdom of Great Britain or before siieh ship shall Ireland, and which shall have on board, or which during any part of her voyage shall have '^ " '"'"'^' '" "'"^' had on board, either as part of her crew or in any other charaeter, or for any other reason, any Asiatic sailor, Lascar, or native of any of the tei-ritorics, countries, islands, or places within the limits of the Charter of the said United Company, before such ship or vessel sliall be admitted to entry, shall make out and exhibit to the })riucipal officers of the customs, or other person thereunto lawfully authorized, a true and perfect list and description of every such Asiatic sailor, Lascar, or native aforesaid, which shall then be, or who during any part of her voyage shall have been on board such ship or vessel, with a true account and statement what shall have become of every such Asiatic sailor, Lascar, and native aforesaid, who may- have been and shall not then be on board. XXVIII. And be it further enacted, that for every breach or non-observance of any rule Penalty for iircaeh of or retrulation to be made in pursuance of this Act, in relation to Asiatic sailors, Lascars, or regulutioiis relative to c ' ' Lascars, S;c. natives aforesaid, which shall iiave happened or taken place, and for every omission to make out and exiiibit such list, description, account, or statement of and respecting all such Asiatic sailors, Lascars, or natives aforesaid, as herein is required, the master or commander, and all and every the owners or owner of the ship or vessel on board wliich any such Asiatic sailor, Lascar, or native aforesaid shall be or shall have been, shall forfeit the sum of ten pounds for every Asiatic sailor, Lascar, or native aforesaid, in respect of whom such breach, non-observance, omission or defect siiall have happened or taken place, to be recovered against the master, commander, and owners jointly or severally, by bill, plaint, information, or action, in any of his Majesty's Courts of llecord in the United Kingdom of Great Britain ami Ireland, or in the East-Indies, or elsewhere, to beconnncnced in the county or presidencv or place where any such offender may happen to be, or by conviction in a smnmarv wav before two Justices of tiie Peace in tlie United Kingdom, or in tiie Kast-Indies, of the comity or jiresidency where any such oflender may happen to be : and of wliich sum anil sums so to be forfeited, one-third part tliercof sliali go, belong, and be paid to the jierson or jiersoiis wlio siiall inform or sue for the same, and the other two-fiiird parts thermf siiail be paid to sue!) jicrson or persons as the Court or Justices iiefore whom the same sliall be recoveri'd shall award, to be applied in payment or reimbusement of any expense which may have been incurred by or for tlie use of the Asiatic sailor, Lascar, or native aforesaid, or the respec- tive Asiatic sailors, Lascars, or natives aforesaid, in respect of whom such forfeiture or for- ieitures shall have been recovered, or in sucli other iiiamier, for his or their maintenance, 248 [4 Geo. IV. Cap. 80. return home, or benefit, as the Court or Justices before whom the same shall be recovered shall direct. Convictions to be XXIX. And for the more easy and speedy conviction of the offenders under this Act, be drawn up in tlie foi- j^ fm-ther enacted, that the Justices of the Peace before whom any person or persons shall be convicted of any offence under tliis Act, shall and may cause the conviction to be drawn up in the following form of words, or in any other form of words to the like effect as the case may happen ; videlicet, Form of conviction. " Be it remembered, that on the day of " in the year of our Lord " A. B. \the offender or offenders^ is \or are] convicted before us, two of his " Majesty's Justices of the Peace for [the county or presidency, as the case may 6e] " by virtue of an Act made in the fourth year of the reign of his Majesty King George " the Fourth, intituled [setting forth the title of this Act~\ of having [here state the " offence or offences^ which offence \or offences, as the case may he^ has, by confession " of the offender [or offenders, or the oath of one or more credible witness or witnesses, " as the case may 6e] ; for which said offence [or offences, as the case may 6e] we do " adjudge that the said offender [or offenders] hath [or have] forfeited and do pay " the sum of [the amount forfeited^ ; one-third part whereof we do order and direct " to be paid to [the i7iformer], and the other two-thirds thereof to C. D. and E. F. " [such jjersons as the said Justices shall direcfl to be api)lied [in st/ch numner as the " case may require^ pursuant to the provisions of tlie said Act. Given under our " hands and seals the day and year first above written." Recovery of penal- XXX. And be it further enacted, that all sums of nroney of which any person shall be '"'^- so convicted as aforesaid, shall anaid United *" necessaries for dis-^ Company, having been brought to the United Kingdom on board any ship or vessel not being brought to this roun- a shii) of war in the service of his Majesty, shall from and after the iiassino- of this Act be "">'' «"'' ""'y recover II- I tT • 1 T" 1 • 1- • /■•111- 1 expense from owners, found withm the United Kingtlom m distress for want of food, elotliing, or otlier necessaries, it sliall be lawful for tiie said United Company to supply necessary and reasonable relief to sucli persons, ami to maintain them until they shall be sent on board some ship bound for some place within the limits al'oresaiti ; and also to pay, defray, and advanei- the money necessary to prociu-e such persons proper and suflicient })assage to lluir homes or places from which they were brought ; and all such sums as the said Company shall j)ay for or on account of such relief or maintenance, or passage home, shall constitute and become a joint and several debt due to the said Company from the commander, owner or owners of such ship, on board whereof such person or persons shall have been brought into the said United Kingdom, and shall be recoverable as so much money paid to and for the use of such owner or owners in any of the Courts of the said United Kingdom, or in the East- Indies, if the owner shall reside there, in which actions or suits for the recovery of debts may be sued or prosecuted ; and in all such actions and suits, wliere the said Company shall recover, they shall be entitled to receive full cost of suit. H K 250 [4 Geo. IV. Cap. 83. i GEORGII IV. Cap. LXXXI. An Act to eonsolidate and amaid the Laws for punishing JMatiny and Desertion of Officers and Soldiers in the Service of the East-India Companij ; and to autho- rize Soldiers and Sailors in the East-Indies to send and receive Letters at a reduced Rate of Postage. [ 1 ^th July, 1 823.] So much of this Act as related to postage was repealed by 7 Wm. 4, & ] Vic. cap. 32, and the remainder is by 3 & 4 Vic. cap. 37, re- pealed from the 1st January 1841, when the last-named Act comes into operation. The law relating to postage of soldiers' and sailors' letters will be found in sec. 53 of 3 & 4 Vic. cap. 96. 4 GEORGII IV. Cap. LXXXIII. An Act for the better Protection of the Property of Merchants and others lolio may hereafter enter into Contracts or Agreements in relation to Goods, Wares, or Ilerchandizes intrusted to Factors or Agents. [ISth July, 1823.] [This Act was amended by 6 Geo. 4, cap. 94, which will be found in its proper place.] Whereas it has been found that the law, as it now stands, relating to goods shipped in the names of persons who are not the actual proprietors thereof, and to the deposit or pledge of goods, affords great facility to fraud, produces frequent litigation, and proves, in its effects, liiglily injurious to the interest of commerce in general ; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in tiiis present Parliament assembled, and by the authority of the Persons in whose same, that from and after the passing of this Act, any person or persons intrusted, for the names goods shall be pQ^.pose of sale, with any goods, wares, or mechandize, and by whom such goods, wares or ed to be the true own- merchandize sliall be shipped in his, her, or their own name or names, or in whose name or consignees to a""i'ien names any goods, wares, or merchandize shall be shipped by any other person or persons, thereon in respect of shall be deemed and taken to be the true owner or omiers thereof, so far as to entitle the their advances, or of . . /■ i i i i t ^ i- ^i money or negotiable consignee or consignees ot such goods, wares, and merchandize to a hen thereon, in respect securities received by ^f ^^^y money or negotiable security or securities advanced or given by such consignee or the shippers to the - pi ,.1 • 1 1 i use of the consignees, consignees to or for the use 01 the person or persons m whose name or names such goods, provided the con- y^gj.gg y^ mercliandize shall be shipped, or in respect of any money or negotiable security or signees liave no notice ' i i ' i jyo.; that the consignors are securities received by him, her, or them to the use of such consignee or consignees, in tlie torVoi^such propenT" ^^^^ manner to all intents and purposes as if such person or persons was or were tiie true owner or owners of sucli goods, wares, and merchandize ; provided sucli consignee or consignees shall not have notice, by the bill of lading for the delivery of such goods, wares, or mer- 4 Geo. IV. Cap. 83.] 251 chandizc, or otlierwisc, at or before the time of any advance of such money or negotiable security, or of sucli receipt of money or negotiable security, in respect of whicii such lien is claimed, that such person or persons so shipping in his, iier, or their own name or names, or in whose name or names any goods, wares, or mercliandize shall be sln"pped by any ])erson or persons, is or are not the actual and bond fide owner or owners, proprietor or proprietors of such goods, wares, and merchandize so shipped as aforesaid, any law, usage, or custom to the contrary thereof in any wise notwitiistanding : provided also, that the person or persons in whose name or names any sucli goods, wares, or merchandize are so shi])ped as aforesaid, shall be taken for the purposes of this Act to have been intrusted therewith, unless the contrary thereof shall appear or be shewn in evidence by any person disputing such fact. II. And be it further enacted, that it shall be lawful to and for any person or j)crsons. Any person may body or bodies politic or corporate, to accept and lake any goods, wares, or merchandize, or Jajinir^tM deposit from the bill or bills of lading for the delivery thereof, in deposit or pledge, from any consignee any consignee; but or consignees thereof, but then and in that case such person or persons, body or bodies politic acquire^'any'* further or corporate, shall acquire no further or other right, title, or interest, in or upon or to the ''|sht than the con- said goods, wares, or merchandize, or any bill of lading for the delivery thereof, tiian was possessed, or could or might have been enforced by the said consignee or consignees at the time of such deposit or pledge as a security as aforesaid ; but such person or pei-sons, body or bodies politic or corporate, shall and may acquire, possess, and enforce such right, title, or interest, as was possessed, and might have been enforced, by such consignee or consignees, at the time of such deposit or pledge as aforesaid; any rule of law, usage, or custom to tlie contrary notwithstanding. »• III. Provided always, that nothing herein contained sliall be deemed, construed, or taken Right of the true to deprive or prevent the true owner or owners, proprietor or proprietors of sucli goods, ""^jj wXAc "m the wares, or merchandize, from demanding and recovering the same from his, her, or their iianUs of hi« agent, or factor or factors, .agent or agents, before the same siiall have been so deiwsited or pledged, ^f bailkri'mtc" or to or from tlie assignee or assignees of sucli factor or factors, agent or asrents, in the event of recover them irom ... .1-11. . . 1 . assignees, &c. upon Ills, licr, or tlicir bankruptcy ; nor to prevent any sucli owner or owners, proprietor or paying his advances proprietors, from demanding or recovering of and from any person or persons, or of or from *,>•''-■"'''•'' "!'"" '''^"'• the assignees of any person or persons in case of his or her bankruptcy, or of or from any body or bodies politic or corporate, such goods, wares, or mercliandize, so consigned, depo- sited, or pledged, upon repayment of the money, or on restoration of the negotiable security or securities, or on payment of a sum of money equal to the amount of such security or securities, for which money or negotiable security or securities such person or persons, his, her, or their assignee or assignees, or such body or bodies politic or corporate, may becntitleil to any lion upon sucli goods, wares, or merchandize ; nor to prevent the said owner or owners, proprietor or proprietors, from recovering of and from such person or persons, body or boiiies politic or corporate, any balance or sum of money remaining in his, iier, or their hands, as the produce of tlic sale of such goods, wares, or mercliandize, after dethicting thereout the amount of the money or negotiable security or securities so advanceil or given upon the security thereof as aforesaid ; provided always, that in case of the bankruptcy of such factor or agent, the owner of the goods so pledged and redeemed as aforesaiil shall be held to have discliarged pro tunio the debt due by him to the banknqn's estate. 2k 2 252 [5 Geo. IV. Cap. 108. 4 GEORGII IV. Cap. XCI. Ax Act to relieve his ]\I(ijesty\s Subjects from all Doubt concerning the Validitj/of certain JMarriages soleumized abroad. [\8tk Juljj, 182.'].] Whereas it is expedient to relieve the minds of all his Majesty's subjects from any doubt concerning the validity of marriages solemnized by a minister of the Church of England in the chapel or house of any British Embassador or IMinister residing within the country to the Court of which he is accredited, or in the chapel belonging to any British factory abroad, or in the house of any British subject residing at such factory, as well as from any possibility of Marriages solem- doubt concerning the validity of marriages solemnized within the British lines by any chaplain "ers'of the Chu'rch'of '^^' officer, or other person officiating vnider the orders of the commanding officer of a British England, &c. declared army serving abroad ; be it declared and enacted, and it is hereby declared and enacted by nized in his Majesty's t'l^ King''s most excellent Majesty, by and with the advice and consent of the Lords spiritual donunions. ^nd temporal, and Commons, in this present Parliament assembled, and by the authority of the same, tliat all sucli marriages as aforesaid shall be deemed and held to be as valid in law as if the same had been solemnized witliin his ]\Iajesty"s dominions, Avith a clue observance of all forms required by law. Not to affect the va- II. Provided always, and be it further enacted, that nothing in this Act contained shall lidity of marriages so- r- ■ ■ -ii'^i ,. ^ ,. a ,. • • lemnizedhevnnd seas, conhrm or Hnpau' or anywise aftect, or be construed to conhrm or to nnpair or anywise to affect, th e validity in law of any marriages solemnized beyond the seas, save and except such as have been or sliall be solemnized in tlie places, form, and manner herein spe- cified and recited. 5 GEORGII IV. Cap. CVIII. Ax Act for transferring to the East-India Company certain Possessions neuiij acquired in the East-Indies, and for authorizing the Removal of Convicts from Sumatra. [;2-ith June, 18'24.] 53 G. 3, c. 155. Whereas by an Act passed in the fifty-third year of the reign of his late Majesty King George the Third, intituled, " An Act for continuing in the East-India Company, for a further Term, the Possession of the British Territories in India, together with certain exclu- sive Privileges ; for Establishing further Regulations for the Government of the said Terri- tories, and the better Administration of Justice within the same; and for regulating the Trade to and from tlie Places within the Limits of the said Company's Charter ;" it was 33 G. 3, c. 52. enacted, that the territorial acquisitions mentioned in an Act passed in the tliirty-tliird year of the reign of his said late IMajesty, intituled, " An Act for continuing in the East-India Company, for a further Term, the Possession of the British Territories in India, together with 5 Geo. IV. Cap. 108.] 253 their exclusive Trade, under certain Limitations ; for Establishing further Ilegulations for the Government of the said Territories, and the better Administration of Justice within the same; for appropriating to certain Uses tl)e Revenues and Profits of the said Company ; anil for making Provision for the go Majestv, and transfer- transferred to the United Company of Merchants of England tradnig to tlie East-Indies, and red tothe East-India holden by the said Company in such and the same manner, to all intents, effects, construe- <^°'"P''"5- tions, and purposes whatsoever, and subject to the same authorities, restrictions, and pro- visions, as the factory of Bencoolen, and tlie possessions in the island of Sumatra, were vested in and holden by the said Company immediately before tlie conclusion of the said treaty. Tlie second section provides ibr the removal from Simuitra ot" con- victs who had been transported thither, and tbr changing the place ot" [)nnishment with regard to persons under sentence oi'transportallon to Smnatra. 254 [6 Geo. IV. Cap. 16. 6 GEORGII IV. Cap. XVI. An Act to amend the Laws relating to Bankrupts. {2d May, 1825.] Debts how to be XLVI, And be it enacted, that at the three several meetings so appointed by the Cora- P'^"^'^''- missioners as aforesaitl, and at every other meeting by tliem appointed for proof of debts (wliereof and of the purport whereof ten days' notice shall have been given in the Londoji Gazette), every creditor of the bankrupt may prove his debt by his own oath ; and all bodies By corporations, &c. politic and public companies incorporated or authorized to sue or bring actions, either by Charter or Act of Parliament, may prove by an agent, provided such agent shall in his deposition swear that he is such agent as aforesaid, and that he is authorized to make such By creditor remote proof; and if any creditor shall live remote from the place of the meeting of the Com- ""^ ^ ^°^ ' missioners he may prove by affidavit, sworn before a jMaster in Chancery, ordinary or ex- traordinary, or if such ci'editor shall live out of England, by affidavit sworn before a magis- trate where such creditor shall be residing, and attested by a notary public, British minister Creditor may be ex- or Consul ; and no creditor shall pay any contribution on account of any such debt ; pro- amme upon d . y\(\g^ jj^^t j( gj^all |jg lawful for the said Commissioners to examine upon oath, either by word of mouth or by interrogatories in writing, every person claiming to prove a debt under the said commission, or to require such further proof, and to examine such other persons in relation thereto, as they shall tliink fit. Wliere trustee be- LXXIX. And be it enacted, that if any bankrupt shall as trustee be seised, possessed of aiancellor'^ma'' order o^" entitled to, either alone or jointly, any real or personal estate, or any interest secured upon conveyance or assign- qy arising out of the same, or shall have standing in his name as trustee, either alone or mcnt to ot lei tnis ics. j^ji^^jy^ ^^y Government stock, funds, or annuities, or any of the stock of any public com- pany, either in England, Scotland, or Ireland, it shall be lawful for the Lord Chancellor, on the petition of the person or persons entitled in possession to the receipt of the rents, issues, and profits, dividends, interest, or produce thereof, on due notice given to all other persons (if any) interested therein, to order the assignees, and all persons whose act or consent thereto is necessary, to convey, assign, or transfer the said estate, interest, stock, funds, or annuities to such person or persons as the Lord Chancellor shall think fit, upon the same trusts as the said estate, interest, stock, funds, or annuities were subject to before the bank- ruptcy, or such of them as shall be then subsisting and capable of taking eflTect ; and also to receive and pay over the i-ents, issues, and profits, dividends, interest, or produce thereof, as the Lord Chancellor shall direct. Vv lie.e bankrupt be- LXXX. And be it enacted, that if any such bankrupt shall have any Government stock, neficia;:y entitled to f^i^j^, or annuities, or any of the stock of any public company, either in England, Scotland, or Ireland, standing in his name in his own right, it shall be lawful for the Connnissioners, by writing under their hands, to order all persons whose act or consent is thereto necessary, to transfer the same into the name of the assignees, and to pay all dividends upon the same to such assignees ; and all such persons whose act or consent is so necessary as aforesaid are hereby indemnified for all things done or permitted pursuant to such order. GGEo.IV.Cap. Gl.] 255 LXXXV. And be it enacted, that if any accredited agent of any body corporate or Bodies politic &e. jjublic company shall have had notice of any act of bankruptcy, such body corporate or ff",Tersons''a7ting"on company shall he hereby deemed to have had sucli notice. their behalf had notice. C GEORGII IV. Cap. LXI. An Act to amend Tioo Acts ; of the Fifty-eighth year of his late J\fajestjj, for revidating the Payment of Regimental Debts, and the Distribution of the Effects of Officers and Soldiers dying in Service, and the Receipt of Sams due to Soldiers; and (f the Foio'th Year of his present j\Iajesty,for pa)iishing JMutinii and De- sertion of Ojjicers and Soldiers in the Service of the East- India Company. [22dJune, 1825.] Whereas an Act was passed in the fifty-eighth year of the reign of his late Maiesty King 59 o. .S, c 73. George the Tliird, intituled, " An Act for Regulating the Payment of Regimental Debts, and the Distribution of the Effects of Officers and Soldiers dying in Service, and the Receipt of Sums due to Soldiers :" and whereas by an Act passed in the fourth year of the reign of his + g. \, c. 81. present Majesty, intituled, " An Act to consolidate and amend the I^aws for punishino- Mutiny and Desertion of Officers and Soldiers in the Service of the East-India Company, and to authorize Soldiers and Sailors in tlie East-Indies to send and receive Letters at a reduced Rate of Postage,"(l) and by certain articles of war made in pursuance thereof, pro- vision is made for the care and application of the effects and credits of deceased officers and soldiers in the said Company's service : and whereas the transmission to regimental agents or other persons of the effects or proceeds of effects of officers and soldiers dying in his Majesty's service, or in the service of tlic said Company, has been found higlily lieneficia! in securing an early distribution of sudi cfl'ects among the relations of such officers and soldiers at small ex- pense, and many sums are thereby saved to the relations of soldiers, whieii woidtl otherwise be, from their small amount, wholly lost ; and it is therefore expedient to render the provisions of the said recited Acts, relating to such matters, more effectual : be it therefore enacted bv the King's most excellent Alajesty, by and wilii the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the omciis mid others same, that it shall Ih" lawfid for all officers and iiersons who may be eniploved or reouiretl bv «<" I'"" '''''"'"'<"■ •'«-• . . , „ . , ■ ' • Articles of \\ iir to or under the autliority of any ai tides of war in force for the time being, either for the officers t.ik.- .m.' of the itr.ctii or soldiers in the service of his Majesty, or for tiie European officers or soldiers in the service eli^mivriMr'tlrco^^^^^^^ of the said Company, to take care of or collect, or superintend and direct the collection of the '""' ifieivc tin- sHmc, effects of officers or soldiers dying in service out of the United Kingdom, to ask, ilemand, and a.r^.Tldmini'suation,' receive any such effects, and to commence, prosecute, and carry on any actions or suits for ^'^■ the recovery thereof, without taking out any letters of administration, cither with any will annexed or otherwise, in like niamier in every respect as if such officers or persons had been ajipointed executors, or had taken out letters of ailministralion of such eflects; and no regis- trar of any Court in the East-Indies, or elsewhere in any colonies or possessions of iiis Majesty abroad, shall in any mnnner iiitcr])<)-i- in reiation to nnv such eflects, unless re(iiiii\ • <■ T • ,/• T ■ shall die either during or when and as often as it shall hereatter happen, that any Chief Justice or Puisne Jiulge his voyage, or within of any of the said Supreme Courts of Judicature at Fort William in Bengal, Madras, ''''. '"°""'' ^"" '»= .' ' _ o ' ' arrival, &c. or Bombay, or the Recorder of Prince of Wales' Island, or any Bishop of C'alcutta, shall have departed, or shall hereafter depart this life, either during his voyage to India or within six calendar months next after the day when he shall have arrived in India for the purpose of taking upon him the office of such Chief Justice or Puisne Judge, Becorder, or Bishop, the Court of Directors of the said United Company shall and tluv are hereby re- quired to pay, or direct and cause to be paid, out of the territorial revenues from which the salary of such Chief Justice or Puisne Judge, Recorder, or Bishop so dying shall be payable, to the legal personal representatives of such Chief Justice or Puisne Judge, Recorder, or Bishop so dying as aforesaid, such sum or sums of money as shall, together with the simi or siuiis paid to or drawn l)y such Chiif .lustice or Puisne Judge, Recoriler, or Bisiiop, in respect of his salary, make up the full amount of one year's salary of the office to which he shall have been ap|)()inted ; and that from and since the first dav of January one tliousand eight himdred and twenty-three, when and as often as it shall have haj)pene(l or shall here- after happen that any >uch ( iiief Justice or Puisne Judge, Recorder, or Bishop liadi departed or shall depart this life while in possession of such office, and afte;' the exjiiration of six calendar months from the time of his ari'ival in India for the purpose of taking upon him the office of Chief Justice, Puisne Judge, Recorder, or Bishop, then and in all and every of such cases as the said Court of Directors shall and they are hereby reipiired to i)ay or direct and cause to be ])aid, out of the territorial ie\enues from which the salary of such C hief Justice, Puisne Judge, ReconUr, or Bishop so dying shall be payable, to the legal |)ersonal representatives of such Chief .Justice or Puisne .Tudgi', Itecorder, or IJishop res)iectively, so dying as aforesaid, over and above what may iiave been due to such Chief Justice or Puisne Judge, Recorder, or Bishop resjx'ctively at the time of his death, a sum ecpial to the amount of six calendar months' salary of the ofllce een chief Justice for five years Puisne Judges of the Court to which sucii Chief Justice shall belong, imless he .sliall have held the office of a Chief Justice of one of the said Supreme Courts during five years of his residence in India. XIII. And be it further enacted, that it shall not be lawful to direct any larger allowance Limitation of allow, to be made to the Recorder of the said Court of Judicature of Prince of Wales' Island, than prince of Wales' Ta- the sum of five hundred pounds sterling per annum, unless he shall have resided in India as '^""i- such Recorder for seven years ; nor if he shall have so resided for seven years, sliall it be lawful to direct any larger allowance to be made to him than the sum of si.v hundred and fifty pounds sterling per annum, unless he shall have resided in India as sueii Recorder for ten vears ; nor if he shall have so resiiled for ten years, shall it be lawful to direct any larger allowance to be made to him than the sum of one thousand pounds sterling per annum. XIV. Provided also, and be it fiu-ther enacted, that if any person having for any tiin'^ Time of Recorder resided in the East-Indies as Recorder of the said Court of Judicature of Prince of \VaKs" °ppj^'^,"jj at"'u'''cei"uin Island shall have been or shall be appointed to the office of Chief Justice or Puisne Judge rate. of either of the said Supreme Courts of Fort AVilliani, Madras, or Rombay, the jieriod of residence of such person in the Kast-Indies as such Recorder of the said Court of Judicature of Prince of Wales' Island shall be accounted and taken as and for a residence in India, as a Puisne .ludge of such CoiU'ts respectively, in the proportion of three years' residence as such Recorder to two years' residence as such Puisne Judge ; and that if such person shall have resided in the East-Indies partly as such Recorder, and jiartly as such Cliief Justice or Puisne Judge, it shall and may be lawful for his Majestv, liis iieirs and successors, in manner herein-before mentioned, to direct sucli allowance to Iw made to such person as might lawfuilv be directed in case such person had resided the whole of such time as such Recoriier, and iiad resigned the office of such Recorder, although sucii jH-rson may not have resided in India for such length of time as to entitle him, undir the provision*; herein enntaiiicd. to the allowance of a ('liief Justice or Puisne Judge. •264 [6 Geo. IV. Cap. 85. 53 G. 3 c. 155. HM. And whereas under and bv virtue of an Act made and passed in the fifty-third year of the reign of his late Majesty King George the Third, and of another Act made and iG.i, c. 71,s. 2&3. passed in the fourth year of the reign of his present Majesty, provision is made for granting a pension to the Bishop of Calcutta, under the limitations therein contained, and it is Pension to Bishop on expedient to make further provision in respect thereof; be it further enacted, that it shall resignation. ^j^j ^^^^^, ^te lawful for his Majesty, his heirs and successors, in manner in the said Act of the fifty-third year of the reign of his late Majesty mentioned, to grant to any such Bishop who shall have exercised within the limits of the Ciiarter of the said United Company the office of Bishop of Calcutta for five years a pension not exceeding one half of the sum which his Majesty, by the said Act of tlie fifty-third year of the reign of his late Majesty, is empowered to grant to any such Bishop ; and also to grant to any sucii Bishop who shall have exercised within the limits aforesaid the said office of Bishop of Calcutta for seven years, a pension not exceedino- two-thirds of the sum which his Majesty, by the said Act of the fifty-third year of his late Majesty's reign, is empowered to grant to any such Bishop. (1) (1) [The amount named in 53 Geo. 3, ca[). 155, is .£1,500 per anninn. The reduced pensions sanctioned by this Act are consequently ^750 and £1,000 per annum. Tiiese enactments iipply to the Bishop of" Calcutta only. The retiring pensions of the Bishops of Madras and Bombay are regulated by 3 & 4 Wm, 4, cap. 85, sec. 96.] Resignation under XVI. Provided also, and be it further enacted, that it shall not be lawful for his Majesty, mher^lr'^^j service for j^j^ i-j^j^s or successors, to direct any such allowance to be made to any such Chief Justice, ness not to entitle to Puisne Judge, Recorder, or Bishop respectively, who before he shall have held and exercised ''*"'*"^"' such office, or some or one of such offices, for the space of ten years in the whole, shall resign his said office for any other cause than in consequence of illness or infirmity, to be proved to the satisfaction of his IMajesty, his heirs or successors. Sections 17 and 18 contain penal enactments relating to St. Helena, whicli is not now under the government of the Company. Administration of XIX. x\nd whereas under and by virtue and according to the effect of an Act passed in ind'aiaijcca^'"^"^""' *'"-' foi-ty-s^'coiT^l jear of the reign of "his late Majesty King George the Third, intituled, "An 42 G. 3, c. 29. Act to authorize the East-India Company to make their Settlement at Fort Marlborough in the East-Indies a Factory subordinate to the Presidency of Fort 'WiJliam in Bengal, and to transfer the Servants, who on the Reduction of that Establishment shall be super- numerary, to the Presidency of Fort Saint George ;''' and an Act passed in the fifth vear of the reign of his present INIajesty King George the Fourth, intituled, " An Act for transferring to the East-India Company certain Possessions newly acquired in the East-Indies, and the Removal of Convicts from Sumatra, the Island of Singapore in the East-Indies, and the Town and Fort of Malacca and its Dependencies," and all the colonies, possessions, and establishments ceded by his Majesty the King of the Netherlands to his said present Majesty King George the Fourth, by a treaty conchuled between their said Majesties on the seventeenth day of !March, one thousand eight hundred and twenty-four, have become and now are factories subordinate to tlie Presidency of Fort William in Bengal, 6 Geo. IV. Cap. 85.] 265 and tliereby, by virtue of an Act passed in the thirty-nintii and fortieth years of the reij^n of 39 8;40G.3, c. 79. his said late Majesty King George tlie Tiiird, intituled, " An Act for establishing further Regulations for the Government of the British Territories in India, and the better Adminis- tration of Justice within the same," are subject to the jurisdiction of the Supreme Court of Judicature at Fort William aforesaid ; and it may be expedient tliat some other provision should be made for the administration of justice within the said island and otlier places afore- said ; be it therefore enacted, that it shall and may be lawful to and for his Majesty, his heirs and successors, by Letters Patent under the great seal of Great Britain, or in any other lawful manner, to make such provision for the administration of justice in civil, criminal, ecclesiastical, and Admiralty matters arisen and to arise within the said island of Singapore, and the said town and fort of Malacca and its dependencies, as by his and their royal pre- rogative he or thev miaht have done if the said last-mentioned Act liad never been made or passed ; and in case any such provision shall be made by his Majesty, his heirs and successors, then the said island, and tlie said town and fort and its dependencies, from the time or several times when such provision shall take effect, or from any other time or times to be ap- pointed bv his Majesty, his heirs or successors, and all the inhabitants of the said island, and the said town, fort, and its dependencies, and other pers(ms being thereon, shall cease to be subject to and shall be wholly exempt from the jiirisdiction of the said Supreme Court ; the said last-mentioned Act, or any other law or statute, to the contrary thereof in anywise not- withstanding. XX. And be it further enacted, that from and after the first day of January next the Colonies ceded to his colonies, possessions, and establishments so ceded to his Maiestv, and which are situate on Majesty to bcundei; J, „ 1 1 • 1 1 /-. .1 J^ jurisdiction of Fort St. the coast of Coromandel, or in the northern Circars in the East-Indies, and all the inhabitants George. of the said colonies, possessions, and estabhshments, and all other persons being therein, shall cease to be subject to, and shall be wholly exempt from the jurisdiction of the said Supreme Court of Judicature in Bengal; and the said colonies, possessions, and establish- ments, and all the inhabitants thereof, and all other persons being therein, shall be subject and amenable to the jurisdiction and authority of the Supreme Court of Judicature at Fort Saint George in the East-Indies, in like manner as any other place being or deemed to be a factory subordinate to the government of Fort Saint George, and the inhabitants thereof, whether Europeans or natives, as the case may be, is or are or ouglit to be liable and amena- ble thereto ; the said Act of the thirty-nintli and fortieth years of his late Majesty's reign, or ariy otlier law or statute, to the c(jntrary thereof in anyways notwithstanding. XXI. And be it further enacted, that it shall and may be lawful for llie Court of Direc- Singnporo und Mulnc. I anm'xc'd t''"K goods ov mer- /",..,., , . , '' " . , chandizc in their pos- or nierclianchzc ni his, her, or their own name or names, and any person or ]X'rsons in wliose session, shall be deem. name or names any goods, wares, or iiierclumdize shall be siiipped i)y any other person or <^i' to •>« the trueown- persons, shall be deemed and taken to be tlie true owner or owners thereof, so far as to diiy to contracts with entitle the consignee or consignees of sucli goods, wares, and merchandize to a lien thereon, <;^/^.*"",u„ ih^'Ltii of in respect of any money or negotiable security or securities advanced or given by such such i)roi)erty. consignee or consignees to or for the use of the person or persons in whose name or names such goods, wares, or merchandize shall be shipped, or in respect of any money or negotiable security or securities received by iiim, licr, or them, to the use of such consignee or consignees, in the like manner to all intents and purposes as if such person or persons was or were the true owner or owners of such goods, wares, and merchandize ; provided such consignee or co.nsignecs shall not have notice by the bill of lading for the delivery of such goods, wares, or merchandize, or otherwise, at or before the time of any advance of such money or nego- tiable security, or of such receipt of money or negotiable security in respect of wliich siicli lien is claimed, that such jierson or ])ersons so sjiipjiing in his, Jier, or their own name or names, or in whose name or names any gmxls, wares, or merchandize shall be shipped by any person or persons, is or are not tlie actual and honnfidc owner or owners, proprietor or proprie- tors of such goods, wares, or merchandize soshij)ped as aforesaid, any law, usage, or cus. torn to the contrary thereof in anywise notwitlistanding : ])roviiled also, that the person or persons in whose name or names any such gootls, wares, or merchandize are so shippeil as afore- said, shall l)e taken, for the purposes of this Act, to have Ixt^n intrusted therewith for the 2 M 2 2G8 [6 Geo. IV. Cap. 94. pui-pose of consignment or of sale, unless tlie contrary thereof shall be made to appear by bill of discovery or otherwise, or be made to appear, or be shewn in evidence by any person dis- puting such fact. (1) (1) [The Act referred to will be found in its place in this volume.] Persons in posses- H- And be it further enacted, that from and after the first day of October, one thousand sionot bills of lading, gjo-ht hundred and twenty-six, any person or persons intrusted with and in possession of any &c* to be the owiiGr so ^ j j i *. ^ •■ far' as to make valid bill of lading, India warrant, dock warrant, warehouse-keeper's certificate, wliarfinger's certi- contracts. ficate, warrant or order for delivery of goods, shall be deemed and taken to be the true owner or owners of the goods, wares and merchandize described and mentioned in the said several documents herein-befoie stated respectively, or either of them, so far as to give validity to any contract or agreement thereafter to be made or entered into by such person or persons so intrusted and in possession as aforesaid, with any person or persons, body or bodies politic or corporate, for the sale or disposition of the said goods, wares, and merchandize, or any part thereof, or for the deposit or pledge thereof, or any part thereof, as a security for any money or negotiable instrument or instruments advanced or given by such person or persons, body or bodies pobtic or corporate, upon the faith of such several documents or either of them ; provided such person or persons, body or bodies politic or corporate, shall not have notice by such documents or either of them, or otherwise, that such person or persons so intrusted as aforesaid, is or are not the actual and bona fide owner or owners, proprietor or proprietors of such goods, wares, or merchandize so sold or deposited, or pledged as aforesaid; any law, usage, or custom to the contrary thereof in anywise notwithstanding. No person to acquire HI. Provided always, and be it further enacted, that in case any person or persons, body rn'The"'^hands' of""^ or bodies politic or corporate, shall, after the passing of this Act, accept and take any such agent for an antece- .roods, wares, or merchandize in deposit or pledge from any such person or persons so in pos- amoun^t'^of turagent's Session and intrusted as aforesaid, without notice as aforesaid, as a security for any debt or interest in the goods. [Jemand due and owing from such person or persons so intrusted and in possession as afore- said, to such person or persons, body or bodies politic or corporate, before the time of such deposit or pledge, then and in that case, such person or persons, body or bodies politic or corporate, so accepting or taking such goods, wares, or mercliandize in deposit or })ledge, shall acquire no further or other right, title, or interest in or upon or to the said goods, wares, or merchandize, or any such document as aforesaid, than was possessed, or could or might have been enforced by the said person or persons so possessed and intrusted as aforesaid, at the time of such deposit or pledge, as a security as last aforesaid ; but such person or persons, body or bodies politic or corporate, so accepting or taking such goods, wares, or merchandize in deposit or pledge, sliall and may acquire, possess, and enforce such right, title, or in- terest as was possessed and might have been enforced by such person or persons so possessed and intrusted as aforesaid ; any rule of law, usage, or custom to the contrary notwith- standing. Per-ons may con- IV. And be it further enacted, that from and after the first day of October, one thousand tract with known pi„]jt hundred and twenty-six, it shall be lawful to and for any person or persons, body or agents in the ordinary ',.,.. - . , ^. • . ,. i -n j course of business, or bodies politic or corporate, to contract with any agent or agents intrusted witli any goods, out of that course, if ^^^^gg y,. merchandize, or to whom the same may be consigned, for the purchase of any such witliin the agent s au- ' .' n j i- i i_ thority. goods, wares, and merchandize, and to receive the same of, and pay tor the same to such agent or agents ; and such contract and payment shall be binding upon and good against the GGko. IV. Cap. 94.] 209 owner of such goods, wares, and nierdiandize, notwithstanding sucli jierson or persons, body or bodies politic or corporate, shall have notice that tlie person or persons making and enter- ing into such contract, or on whose belialf such contract is made or entered into, is an agent or agents; provided such contract antl i)ayment be made in tlie usual and ordinary course of business, and that such person or persons, body or bodies politic or corporate, shall not, when such contract is entered into or jiaynient made, have notice that sucii agent or agents is or are not authorized to sell the said goods, wares, and merchandize, or to receive tlie said purchase money. V. And be it further enacted, that from and after tlie passing of this Act, it sliall he lawful Persons may accept to and for any person or persons, ])ody or bodies politic or corporate, to accept and take any '',ieI]'e'^*'ff°ni'''''K^o\v'i' such goods, wares, or merchandize, or any such documents as aforesaid, in deposit or ])ledge agents; but in that from any such factor or factors, agent or agents, notwithstanding sucii person or persons, furTlieV'intc'resT'tlian body or bodies politic or corporate, shall iiave such notice as aforesaid, that tlie person or per- ^''^^ possessed by such sons making such deposit or pledge is or are a factor or factors, agent or agents ; but then sucli pledge. and in that case such person or persons, body or bodies politic or corporate, shall acquire no further or other right, title, or interest, in or upon, or to the said goods, wares, or merchan- dize, or any such document as aforesaid, for the delivery thereof, than was possessed or could or might have been enforced by the said factor or factors, agent or agents, at the time of such deposit or pledge as a security as last aforesaid ; but such person or persons, body or bodies politic or corporate, shall and may acquire, possess, and enforce such right, title or interest as was possessed and miglit have been enforced by such factor or factors, agent or agents, at the time of such deposit or pledge as aforesaid ; any rule or law, usage or custom to the contrary notwithstanding. VI. Provided always, and be it enacted, that notiiing herein contained shall lie deemed, mgiit of ,i,e true construed, or taken to deprive or prevent the true owner or owners, or proprietor or pro- owner to follow his ,. , , I J- i? 1 J- 1 ■ xi Soods whiie in the prietors, or such gtxids, wares, or merchandize, trom demanding and recovermg the same hand^; of bis agent or from his, her, or their factor or factors, agent or agents, before the same shall iiave been so "i ''i* assignee, in case ". . . ot bankruptcy, or to sold, deposited, or pledged, or from tiie assignee or assignees of such factor or factors, agent recover tbeui from a or agents, in the event of his, lier, or their bankru)itcy ; nor to jiievt-nt such owner or owners, 'n^'^'lli'r mlviui«s '' sc- proprietor or |)ropnetors, from demanding or recovering of and from any person or persons, cured upon them, body or bodies politic or corporate, the price or simi agreed to be jiaid for the ])urchase of such goods, wares, or merchandize, subject to any right of set-off on the part of such person or persons, body or bodies politic or corporate, against such factor or factors, agent or agents; nor to prevent such owner or owners, ])ro])rietor or proprit'tors, from demanding or recovering of anrson or persons, liody or bodies politic or corj)orate, such goods, wares, or merciiandize so deposited or |)le(iged, u})on repayment of the nK)iiev, or on restoration of the negotiable instrument or iiislruinints so advanei'd or given on the security of such goods, wares, or merchandize as aforesaid, by such person or ])ersons, body or bodies jiolitic or cor- porate, to such factor or factors, agent or agents ; and upon ])aymiiit of such further sum of money, or on restoration of such other negotiable instrimient or instruments (if any) as may have been advanced or given by such factor or factors, agent or agents, to sucii owner or owners, proprietor or proprii'tors, or on payment of a simi of money equal to the amoimt of such instrument or instruments; nor to jjrevent the said owiU'r or owners, proprietor or pro- in case ofbunkruptey prietors, from recovering of antl from such person or nirsons, body or l)odies iiolitic or "f f"'""'- '''i' "» n r ' sent gilt iin rcprcsen- wliich hath been lately sent out by his INIajesty, upon the representation of the Court of tioii of Directors of Directors of the said United Company, with the approbation of the Commissioners for the j^'^jj*' ,"err!iyid"l"yThe affairs of India, and also all the charges and expenses of any naval force which may hereafter Company. be sent out by his ^fajesty, his heirs or successors, upon the representation of the Court of Directors of the saiil United Company, and with the approbation of the said Commissioners, for the purpose of being employed in hostilities against any of the native powers in the East- Indies or parts aforesaid, shall be borne by the said United Company as part of their jjolitical charges, and the amount thereof shall from time to time, as the same shall be ascertained, be paid into the receipt of the Exchequer, in such manner as the Commissioners of his Majesty's Treasury of the United Kingdom of Great Britain and Ireland shall direct. 7 GEORGII IV. Cap. LVL An Act to suspend the Provisions of an Act of his late Majesty, respecting tlie Appointment of Writers in the Service of the East-India Company, and to authorize the Payment of the Allowances of the Civil and Military ()f/iccrs of the said Company dying ultile absent from India. \^lC)lh May, 1820.] The first two scctioii.s of this Art related to the appoiutmeiit of writers not having passed through the College, and to making provi- sion for their examination. The operation of the plan was restricted 2n Representatives of officers dying, during a temporary absence from their stations, may receive salaries to which such officers would have been en- titled. 33 G. 3. c. 52. Former jonfirnied. payments 274 [7 Geo. TV. Cap. 56. to three years from the passing of the Act. It was continued by 10 Geo. 4, cap. 16, until the 10th April, 1834, when it was suffered to expire. III. And whereas by an Act passed in the thirty-third year of the reign of his late Majesty King George the Third, intituled, " An Act for continuing in the East-India Com- pany for a further Term the Possession of the British Territories in India, together with their exclusive Trade, under certain Limitations ; for establishing further Regulations for the Government of the said Territories, and the better Administration of Justice within the same ; for appropriating to certain Uses the Revenues and Profits of the said Company ; and for making Provision for the good Order and Government of the Towns of Calcutta, IMadras, and Bombay," it was enacted, that if any Governor-general, or any other officer whatever in the service of the said Company, should quit or leave the presidency or settle- ment to which he should belong, other than in the known actual service of the said Com- pany, the salary and allowances appertaining to his office should not be paid or payable during his absence to any agent or other person for his use ; and in the event of his not returning back to his station at such presidency or settlement, or of his coming to Europe, his salary and allowances should be deemed to have ceased from the day of his quitting such presidency or settlement ; any law or usage to the contrary notwithstanding : and whereas it hath happened that officers, as well civil as military, in the service of the said Company, who have qintted the presidencies or settlements to which they respectively belonged in consequence of ill-health, with the intention of returning to their stations at such presidencies or settle- ments without proceeding to Europe, have died during such temporai-y absence within the limits of the said Company's Charter or at the Cape of Good Hope : and whereas it is just and reasonable that the representatives of such officers should be entitled to the salaries and allowances of such officers from the time of quitting their-stations; be it therefore enacted, that it shall and may be lawful to and for the said Company to cause payment to be made to the representatives of officers in their service, civil or military, who having quitted or left their stations, and not having proceeded or intended to proceed to Europe, but intending to return to their stations, have died, or may hereafter happen to die, during their temporary absence within the limits of the said Company's Charter, or at the Cape of Good Hope, of such salaries and allowances, or such portion of salaries or allowances, as the officers so dying would have been entitled to if they had returned to their stations. IV. And whereas certain payments have heretofore been made under the circumstances aforesaid, be it further enacted, that all such payments so made shall be deemed and taken to have been legally made; anything in the said recited Act of Parliament to the contrary notwithstanding : provided always, that nothing herein contained shall extend to authorize the said Company to make any such payment to the representatives of any such officer who shall have quitted or left his station prior to the second day of May one thousand eight hun- dred and twenty-one. For the conditions under which payment of salaries and allowances may be made on account of officers below a certain rank while absent from their stations, see 7 Wm. 4 & 1 Vic. cap. 47. 7& 8 Geo. IV. Cap. 15.] 275 7 & 8 GEORGII IV. Cap. XV. An Act /or declaring the Law in relation to Bills of Exchange and Promissory Notes becoming payable on Good Friday or Christmas Day. [I2th April, 1827.] Whereas an Act was passed in the tliirty-ninth and fortieth years of the reign of his late 39&40G. 3, c. 42. Majesty King George the Third, intituled, " An Act for the better Observance of Good Friday in certain Cases therein mentioned ;" and it was thereby enacted, that where bills of exchange and promissory notes became due and payable on Good Friday, the same should, from and after the first day of .June then next ensuing, be payable on the day before Good Friday, anil that the holder or holders of such bills of exchange or promissory notes nn'ght note and protest the same for nonpayment on the day preceding Good Friday, in like manner as if the same had fallen due and become payable on the day preceding Good Friday ; and that such noting and protest should have the same effect and operation at law as if such bills and promissory notes had fallen due and become payable on the day preceding Good Friday, in the same manner as was usual in the cases of bills of exchange and promissory note coming due on the day before any Lord's Day, commonly called Sunday, and before ihe feast of the nativity or birth-day of our Lord, commonly called Christmas Day ; and whereas, notwithstanding the said recited Act, and notwithstanding the general custom of merchants, doubts have arisen whether notice of tlie dishonour of bills of exchange and promissory notes falling due on any Good Friday or on any Christmas Day, should not be given on such Good Friday or Christmas Day res])ectivcly, and wliellier in cases wliere bills of exchange and promissory notes fall due on the day preceding any Good Friday or Christ- mas Day, notice of the dishonour thereof should not be given on the Good Friday or the Christmas Day next after the same bills of exchange and promissory notes so fall due ; and it is expedient that sucli doubts shoulil be removed : be it therefore declared and enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Connnons, in tliis present Parliament assembled, and by the authority of the same, that from and immediately after the tenth day of April one thousand eight iiundrcd and twenty-seven, in all cases where bills of exchange or promissory notes shall be payable, AVherc bills of ex- either under or by virtue of the said recited Act, or otherwise, on tlie day ])receding any ^„',""^e' ilay°iM-'"^'(liiig Good Friday, or on the day preceding any Christmas Day, it shall not be necessary for tlie Good Friday or christ- 111 III r- 1 I -11 <■ I " • • • /• 1 I- I '"iis l^sy- "■■»' dislio- holdcror holders of such bills of exchange or j)romissory notes to give notice of the dishonour nomed, notico thereof thereof until the day next after such Good Friday or Christmas Day; and that whenever "">y •'« given on the Christmas Day shall fall on a Monday, it shall not be necessary for the holder or holders of Kriday, K;c. such bills of exciiange or promissory notes as shall be payable on the jirecetling Satiu'day, to give notice of the dishonour thereof until the Tuesday next after such Christmas Day ; and that every such notice given as aforesaid s!i;dl be valid and efl'ectual to all intents and purposes. IL And wliereas similar doubts have existed with respect to bills of i'\change and pro- Hills of oxclmiipe niissory notes falling due upon days appointed by his Majesty's ])roclamation for solemn I'r^imnkVi'vmK^'dHyi! fasts or days of thanksgiving, or upon the day next j)rece(ling such days respectively, and it to he pnyuMe on the is expedient that such doubts should be removed ; be it therefore fiu'ther declareil and enaeteil, ^,"^11 fust or tlianksgiv that from and after the said tenth day of April one tiiousaiul eiglit hundreil and twenty- ingdoy. o V f> rt. is /v 276 [9 Geo. IV. Cap. 33. seven, in all cases wliere bills of exchange or promissory notes shall become clue and payable on any day appointed by his Majesty's proclamation for a day of solemn fast or a day of thanksgiving, the same shall be payable on the day next preceding such day of fast or day of thanksgiving, and in case of nonpayment may be noted and protested on such preceding day; and that as well in such cases, as in the cases of bills of exchange and promissory notes becoming due and payable on the day preceding any such day of fast or day of thanksgiving, it shall not be necessary for the holder or liolders of such bills of exchange and promissory notes to give notice of the dishonour thereof until the day next after such day of fast or day of thanksgiving ; and that whensoever such day of fast or day of thanksgiving shall be appointed on a Monday, it shall not be necessary for tlie holder or holders of such bills of exchano'e or promissory notes as shall be payable on the preceding Saturday, to give notice of the dishonour tlicreof until tlie Tuesday next after such day of fast or day of thanksgiving rL='spcctively : and that every such notice, so given as aforesaid, shall be valid and effectual to all intents and purposes. Good FiiiUiy, Christ- III. And be it furtlier enacted, that from and after the said tenth day of April one thou- mas Diiy, }\:c. as re- ^ eiaht hundred and twenty-seven. Good Friday and Christmas Day, and every such day Riirus bills of excliangc, e> .... to be tiei^cd as tlie of fast or thanksgiving so appointed by his Majesty, is and shall, for all otlier purposes what- Ua}. ever, as regards bills of exchange and ])romissory notes, be treated and considered as the Lord's Day, commonly called Sunday. Act not to exteuU to IV. Provided always, and be it further enacted, that nothing in this Act contained shall Scotland. extend, or be construed to extend, to that part of the United Kingdom called Scotland. 9GE0RGIIIV. Cap. XXXIII, Ax Act to declare and settle tlic Law respecting the Liability of the Real Estates of British Subjects and others, situate within the Jurisdiction of his Majestfs Supreme Courts in India, as Assets in the Hands of Executors and Adminis- trators, to the Payment of the Debts of their deceased Oicners. [27/// ./w/f, 1828.] Whereas some doubts have arisen wliether, and to wliat extent, tlie real estates of British subjects and otliers (not being Mahomedans or Gentoos), situate within or being under the jurisdiction of his Majesty's Supreme Courts of Judicature in India, are liable, as assets in the hands of executors and administrators, to tlie payment of the debts of tlieir deceased owners : and whereas it is expedient that sucli doubts should be removed ; be it tlierefore and it is hereby declared and enacted by the King's most excellent Majesty, by antl with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Par- Wbeiicvcr any Bri- liament asseinbled, and by the authority of the same, that whenever any British subject sliall tish subjects, or per- jjjg seised of or entitled to any real estate in houses, lands, or hereditaments, situate within sons not beinc Maho- , , ,.".,..,.. ,. i ■ -» r • i i o t~< » i- t ]• i medans or Gentoos, or being under the general civil jurisdiction of his Majesty s Supreme Courts of Judicature shall die, entitled to . p ^ William in Bengal, Fort Saint George, and Bombay respectively, or whenever any any real estate in In- , i ,i i- • i r • i j i "i in<' ""■' l>'Ki>l 'i""lity or tc ,...,,, ,.^ , » , , , . , . "^ '"^ niire of any ebturcs. or altering the legal quality, nature, or tenure of any lands, houses, estates, rigiits, interests, or any other subject of property whatsoever, or of making the same or any of them to l>e of the nature of real property, if by law, before the j)assing of this Act, the same or any «if them were personal property ; but that the law in that respect shall be and continue the same as if this Act iiad not passed. 278 [9 Geo. IV. Cap. 50. 9 GEORGII IV. Cap. L. An Act: for regulating the Appropriation of certain unclaimed Shares of Prize- Money acquired by Soldiers or Seamen in the Service of the East-India Company. [15i/i J«/i/, 1828.] 1&2G. 4, c. 61. Whereas by an Act made and passed in the first and second years of the reign of his present Majesty, intituled, " An Act to regulate the Appropriation of unclaimed Shares of Prize-money belonging to Soldiers or Seamen in the Service of the East-India Company," provisions are made for regulating the appropriation of all such unclaimed prize-money, belonging to soldiers or seamen in the service of the United Company of Merchants of England trading to the East-Indies, as had accrued at the time of the passing of the said Act, and as was tlien remaining in the hands of any prize agent or agents, or any other person or persons whomsoever : and whereas it is expedient that provision should be made for regulating the appropriation of all sums of money belonging to officers and soldiers employed in the service of the said United Company, and of all sums of money belonging to commanders, officers, and crews of ships hired by or belonging to the said United Company, which, since the passing of the said Act, have come into the hands of any prize agent or agents, or any otiier person or persons whomsoever, or which, since the passing of the said Act, have severally arisen from or have become distributable, or shall hereafter arise from or become distributable, in respect of any capture made, or other warlike service already performed, and wliich shall hereafter come to the hands of prize agents and other persons; and that all unclaimed shares of such prize money should be appropriated as herein-after is provided : be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of Prize-money belong- the same, that all and every shares and share of booty, prize-money, head-money, bounty- ing to soldiers remain • Q^Qjjgy^ ^p^^ salvage-money, and of money arisen or to arise from or distributable, or hereafter agents and others, to to become distributable, in respect of any capture made, or other warlike service whatsoever E^asrindia^CompanV.^ already performed, belonging or to belong to officers or soldiers or to any officer or soldier in or having been in the service of the said Company, in whatever sen'ice the same may have accrued, which, since the passing of the said recited Act, has come into and is now remaining in the hands or shall hereafter come into the hands of any prize agent or agents, or any other person or persons whomsoever, shall be paid over to the said United Company in London, or at any of their settlements abroad, according to the residence of the party or pai-ties paying the same, or as the Court of Directors of tlie said United Company shall direct ; and all sums Application of the of money, when so paid over, shall be applied to the fund established by the Right Honourable money so pai over. Robert late Lord Clive, for the relief of persons and the widows of persons in the military service of the said United Company, commonly called " Lord Clive's Fund," for the jiurpose and objects of the said fund, according to the rules and regulations for the time being thereof; subject nevertheless to be refunded, without interest, to any person or persons entitled to the same, and establishing his, her, or their claim or claims thereto to tlie satisfaction of the Court of Directors of the said Company, or of the Governor and Council of the settlement where the same shall have been paid over to the said Company. Prize-money belong- II. And be it further enacted, that all and every shares and share of booty, prize-money, halids* or'aRent's" and l^^ad-money, bounty-money, and salvage-money, and of money arisen or to arise from or dis- 9 Geo. IV. Cap. 50.] 279 tributable, or liereafter to become distributable, in respect of any capture made, or other others, to be paid over warlike service whatsoever already pcrfi)rnicd, belonging or to belong to connnanders, ofiicers, to'l'^East-IndiaCom- sailors, or other persons, or to any commander, officer, sailor, or other person, serving or who may have served on board of any ship or vessel in the service of the said Company, whetlicr hired or belonging to the said Company, in whatsoever service the same may have accrued, which, since the passing of the said recited Act, has come into and is now remaining in the hands or shall hereafter come into the hands of any pri/.e agent or agents, or any other person or persons whomsoever, shall be paid over to the said United Company in London, or at any of their settlements abroad, according to the residence of the party or parties paying the same, or as the Court of Directors of the said United Company shall direct ; and all sums of money, when so paid over, shall be applied to the hospital fund established for the relief of persons Application of such and widows of persons belonging to ships and vessels in the service of the said LJnited ™''"''y' Company, commonly called " Poplar Hospital,'" for the pui-poses and objects of the said last-mentioned fund, according to the rules and regulations for the time being thereof; subject nevertheless to be refunded, without interest, to any person or persons entitled to the same, and establishing his, her, or their claim or claims thereto to the satisfaction of the Court of Directors of the said Company, or of the Governor and Council of the settlement where the same shall have been paid over to the said Company, III. Provided always, and be it further enacted, that notliing in this Act contained shall Nothing herein to extend, or be construed to extend, to give to the said United Company, or any person or anv'rHit To pr?ze!mo- persons on the behalf of the said Company, any right, title, or interest in or to any booty, ney of any soldier or ij 1^ 1 . /-pvi "i-i sailor on account of- pnze-money, head-money, bounty-money, salvage-money, or to any lorteitetl or vmclanned services in any of his share or shares thereof, which now is or are or hereafter shall be due or payable to any officer, Majesty's forces or soldier, sailor, or other person, on account of services in his Majesty's army, royal artillery, black, provincial, or other troops in the pay of his Majesty, or on board of any of his Majesty's ships or vessels, or in any other service, to the forfeited and unclaimed shares of which the Royal Hospital for Seamen at Greenwich, or the Royal Hospital for Soldiers at Chelsea, tlie respective treasurers thereof, are entitled or shall become entitled by the laws now in force, nor to give any powers or authorities to the said United Company over such last-mentioned booty, prize-money, head-money, bounty-money, or salvage-money, or in respect thereof. IV. Provided also, and be it further enacted, that all money now remaining in the haniis Tinics within which of any prize agent or agents, or any other person or persons wlionisocver, and which is hereby P")''^'^"** 'o the t-'om- directed to be ])aid over to the said United Company, and whidi shall be to be paid over in London, shall be paid within six calendar months next after the passing of this Act ; and all such money which shall be to be paid over at any of the settlements abroad of the said United Company, shall be paid within six calendar months next after the governments of the said settlements respectively shall have caused the provisions of this Act in that respect to be notified in the way in wliich general orders for the army are usually published at tlu' said settlements respectively ; and that all money which shall hereafter come into the hanils of any j)nze agent or prize agents, or any other person or j)ersons whomsoever, and which is hereby directed to be paid over to the said United Company, and which >1im1I lie to be j)aid over in London, shall be paid within six calend.ir months next after the receipt theri'of i)v such prize agent or agents, or otlier person or persons ; and that all such money which sliall be to he paid over at any of the settlements aljioad of the s.iid United Com|)any, and wlnfii shall be ill the hands of such prize agent or agents, or otlier jierson or persons, at tlii' time 280 [9Geo. IV. Cap.50. wlien the governments at the said settlements respectively shall have caused the provisions of this Act in that respect to be notified in the way in which general orders for the army are usually published at the said settlements respectively, shall be paid over within six calendar months next after such notification : and that all such money, which shall, after such notifica- tion, come to the hands of any prize agent or agents, or other jierson or persons whomsoever, shall be paid within six calendar months next after the receipt thereof by such prize ao-ent or agents, or other person or persons. Agents and other V. And be it further enacted, tliat all and every person and persons whomsoever, who are oaEh°aceountr o^un" required by this Act to pay over any money to the said United Company, shall, and they are ciaimed sliares. hereby required, without further requisition or notice, to deliver or cause to be delivered to the secretary of the said United Company in London, or to the several secretaries of the respective governments at the settlements abroad, where such money shall be to be paid over to the said United Company respectively, a true and correct account of all the monies remain- ing in his or their hands, and so to be paid over, with a list or lists of the names, rank, regi- ment, or other sufficient description of the persons entitled thereto, which accounts and lists shall be verified by tlie affidavit on oath of the party or one of the parties required to deliver the same, such oath to be taken before any magistrate or other person authorized by any Court of law or equity to administer oaths, and which oath such magistrate or other person is here- by required to administer accordingly. The Court of Direc- VI. And be it further enacted, tliat upon tlie reasonable request and notice of tlie Court abroad' emnon"'red"to °^ Directors of the said United Company, and the governments of the settlements of the said cJl for general prize Company abroad respectivelv, all and every person and persons whomsoever, wlio are required by this Act to pay over any money to the said United Company, shall make out and deliver, or cause to be made out and delivered, to the secretaries of the said Court of Directors, and of the said governments respectively requiring the same, full, true, and particular accounts in writing of all the receipts, payments, dealings, and transactions of such person and persons : and if they sliall be executors, administrators, agents, or representatives, then full true, and particular accounts in writing of their several testators, intestates, and principals, any way relating to an\- boot}', prize-money, or other matter in respect of which such money so to be paid over shall have arisen, with the dates of all and every such receipts, payments, dealings, and transactions, and true and correct lists and descriptions of all grants, deeds, writings, books of account, letters, and papers whatsoever in the custody or power, or which ever shall have been in the custody or power of the persons respectively required to make out and deliver tlie same, or of their respective testators, intestates, or principals, any way relating to any such booty, prize-money, or other matter ; which accounts and lists shall be verified by affidavit on oath, to the best of the knowledge, information, and belief of tlie person or persons required to make out and deliver the same, such oath to be taken before any magistrate or other person authorized by any Court of Law or Equity to administer oaths, and which oath such magistrate or other person is hereby required to administer accordingly ; and all the grants, deeds, writings, books of account, letters, and papers relating to the matters aforesaid, and in the custody or power of the person or persons required to pay over any such money as aforesaid, shall be produced and shown at all reasona- ble times, at the place or places where such grants, deeds, writings, books of account, letters, and papers shall be usually kept and deposited, or in some other reasonable and conve- nient manner, to such person and persons as the said Court of Directors, or the said governments respectively, shall direct or authorize to inspect the same ; and such person and 9 Geo. IV. Cap. 50.] 281 persons shall have full liberty to inspect and take, and cause to be taken, such copies, extracts, and abstracts thereof as he or tliey, or the said Court of Directors, or tlie said governments respectively, shall see fit: provided always, that this Act, or anything herein Not to require nc- contained, or the production, inspection, or examination of the accounts, books, and papers, ?c°ga"iy closed ''"*'^'"^''" before mentioned, shall not in any way be deemed or construed to extend to open any account wiiieh shall have been conclusively closed and settled by the order, judgment, sen- tence, or decree of any Court of competent jurisdiction, or in any otiur manner by wliieh the parties interested tlicrein would have been concluded if this Act had not passed, nor to prevent any Court of competent jurisdiction to order any such account to be opened, or to give liberty for surcharge or falsification tliereof, upon just cause and ground shewn for that purpose. VII. And be it further enacted, that if any person or persons whosoever shall be convicted Persons taking false of making a false oath touching any of tlie matters directed or required by this Act to be oa'hseuiity of perjury, ^ o J ^ I J ami persons suborning testified on oath, such person or persons so convicted as aforesaid shall be deemed guilty of liable to the penalties perjury, and shall be liable to the pains and penalties to which persons guilty of pcrjur^'are tiieiii^. o|-"£i°(!|,|'"j liable by any law in force in that part of the United Kingdom called England : and if any person shall corruptly procure or suborn any other person or persons to swear falsely in any such oath, such person, being duly convicted of such procuring and suborning, shall for every such offence incur and suffer such penalties, forfeitures, pains, and disabilities as ])ersons con- victed of perjury are respectively liable unto by any law in force in the said part of the said United Kinsdom called England. & VIII. And l)e it further enacted that tlie said United Ccimpany sliall have and be entitled I'owcr of recovery to the same rights, powers, remedies, and methods of suit at law or in equity, or by any °^ be'i)iUd"ov'^r '''^^' Admiralty process, to be connnenced and ])r()seeuted in the name of the said T'^nitedComjiany, in the several Courts of Justice in the Uniteil Kingdom, and in the Iv'ist-Indies, and else- where soever, for discovery and reccjvery of the monies hereby directed to be paid over to the said Company as tlie original owners thereof now have, or are entitled to use or exercise ; and all Courts of I^aw and E(|uitv, and of Admiralty jurisdiction in tlie t'ourtsof Justice in- United Kingdom, and in tlie East-Indies, shall have and exercise the same iurisdiction, ^'^*'*'' with tbe same o ' ' J ' powers as tliey now powers and authorities for compelling all and every person and persons to account for and liave with respect to pay over the monies hereby directed to be paitl over to tiie said Cnited Company, as any sc'riloVpit'iiiT "^ ' Court of Law or Equity, or of Admiralty jurisdiction may now lawfidly exerci.se, with respect to any unclaimed balances jiayable to the treasurers of GreenwicJi Hospital and Chelsea Hospital respectively, by virtue of any Act or Acts of Parliament, or any law, usage, or custom whatsoever ; and that it shall and may be lawful to and for tlie Court of Court of Directorf, Directors of tiie said United Comiiany, and the several governments of tiic settlements abroad ^uTliorii"u?!vLit nmy of the said United Company, to exercise the same or the like powers and autiiorities for the ^^' exercised by the recovery of the monies hereby directed to be paid over to the said I " nited Company, as may xvlch amUhelseanos- now be exercised by virtue of any Act or Acts of Parliament now in force relating to prize- r'i"'«- money by the treasurers of (jreenwicli Hospital and Chelsea Hospital resjiectivelv, so far as such powers ;md authorities extend to the recovery by tliem, and tlie discovery of unclaimed shares of pri/c-money due and lielonging to any officers, soldiers, or seamen in tlic service of his Majesty, and shall be applicable to the olijects of tin's Act, and all and evi ry agent or agents shall be subject to the like penalties for neglect or default in not aeeounting for or paying over the share or shares, which by the said recited Act or by this Act is ov are made payable to the .said United Company, as agents are m;icle liaiile to by any Aet or Acts now 282 [9 Geo. IV. Cap. 50. in force, for not accounting for or for not paying over shares and balances to the treasurers of Greenwich and Chelsea Hospitals respectively. Not to affect the in- IX. And be it further enacted, that nothing in this Act contained shall extend, or be con- terests of Chelsea or g^^y ,j] to extend, to affect the Royal Hospital for soldiers at Chelsea, nor the Royal Hospital Greenwich Hospitals. ' -' ^ ,,..., . „ . , •' , . T, for seamen at Greenwich ; nor to take away, repeal, duninish or nitertere with any claim, right, or interest which by virtue of any law or laws now in force may have been given, or are now existing, or may hereafter by virtue of the said Acts become vested in the said royal hospitals, or in the treasurers thereof, on any unclaimed and forfeited sliares of prize-money, or for the recovery thereof, for the benefit of the said institutions, 'or for the benefit of the person or persons entitled to any unclaimed and forfeited shares of prize-money ; but the same shall continue and remain in the said Commissioners, and in the said treasurers, as if this Act had not been made. Acquitting persons X. And be it further enacted, that all and every person and persons who shall pay over to paying over prize-mo- ^he said Company, or to any other person or persons b}- their order or for their use, any sum or sums of money required to be paid under the provisions of this Act, shall, from and after such payment, be absolutely acquitted and discliarged from all claims and demands what- soever of all and every other person and persons to the same monies which shall be so paid over. Expenses of carrying XI. And be it further enacted, that all expenses incurred or to be incurred in executing to' b^'deftlyeTout'rf "^'"^ -^^^^ '^"'^ ^^^ ®"™^ P''^''^* "^ remunerating the officers or persons employed on behalf of the monies recovered, the said United Company, for their care, pains, and trouble in performing the regulations and directions thereof, shall, so far as the same relate to those officers or persons, be subject to the discretion of the Court of Directors for managing- the affairs of the said Company, and shall be paid out of tlie princi))al monies to be recovered and discovered as aforesaid on Persons employed by account of such shares respectively : provided nevertheless, that no person employed by the the Company not to gj^j^j United Company in executing the regulations of this Act, shall act as an agent for prizes, or be concerned directly or indirectly in the business thereof, under the penalty of five hundred pounds. Not to prevent per- XII. Provided also, and be it further enacted, that nothing in this Act contained shaU mi'ze-in ne "^^^^ '" extend, or be construed to extend, to prevent any person or persons from resorting to any remedy at law or in equity against the said Company, for the recovery of principal, without interest, of any money to which he, she, or they may be entitled, and which shall have been paid to the said United Company, or which shall have been carried over by the said Com- pany to the credit of either of the funds herein-before mentioned, under the directions of this Act ; provided such person or persons shall have preferred his or their claim thereto to the said Court of Directors, if such money shall have been paid over to the said Company in Enoland, or shall have been carried over from their funds at home, or to the Governor in Council of the presidency where the same shall have been paid or carried over, if paid over to the said Company, or carried over fi-om their funds in India, within six years after the same shall have been so paid or carried over ; any thing herein contained to the contrary notwithstanding. Public Act. XIII. And be it further enacted, that this Act shall be deemed and taken to be a public Act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded. 9Gko. IV. Cap.73.] 283 9 GEOKGII IV. Cap. LXXII. An Act to extend the Provisionn of the East-India Mutiny Act to the Bombay Marine. [I9th July, \828.] The title of this Act sufficiently indicates its object ; but the Act of 4 Geo. 4, cap. 81, the provisions of which were thereby extended to the Bombay Marine, was repealed by 3 & 4 Vic, cap. 37, to which last Act the Indian Navy is subjected until special laws and regulations for its good government shall under the powers therein given be made by the Governor-General in Council. 9 GEORGII IV. Cap. LXXIII. An Act to provide for the Relief of Insolvent Debtors in the East-Indies, until the First Day of March One thousand eight hundred and thirty-three. [mhJuly, 1828.] [This Act was continued by 2 Wm. 4, cap. 43, till the 1st jNIarch, 1836. The law was amended by 4 & 5 Wm. 4, cap. 79, and both tiie original and amending Act further continued by 6 & 7 Wm. 4, cap. 47, till the 1st March, 1839, and from thence till the end of the then luxt Session of Parliament. By 3 & 4 Vic, cap. 80, they are further con- tinued till the 1st March, 1845, and from thence to the end of the then next Session of I'arliament. See also Acts of the Government of India, No. 4 of 183(j, in Appendix.] Whereas divers good laws have of late years been established within tlie United Kingdom of Great Britain and Ireland for the relief of insolvent debtors, and it is riijht tliat relief be u;iven also to insolvent debtors in sonic parts of the East-Indies; be it therefore enaeted by tiie Kintr's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and ConnTions, in this present I'arliament assembled, and by the anthoritv oi" the same, that from and after the first day of March one thousand eirjlit hundred and twenty- Coiins for tin- liclicf nine, there shall be iiolden, within tiie respective limits of tile towns of Calcutta, .Aladnis, iind "/ „''V"'T"ij"'".''^"? Bombay, separate Courts for tin- Relief of Insolvent Debtors, wiiich shall be Courts of Record <->ii!m. Madnis, and o „ o Bomtoy. /v CI /v 284 [9 Geo IV. Cap. 73. and shall be styled " The Courts for the Relief of Insolvent Debtors ;" and that his Majesty's Supreme Courts of Judicature at Calcutta, Madras, and Bombay respectively, shall from time to time appoint such of their officers, or if the officers of such Supreme Courts shall be found insufficient, such additional persons as may be necessary to transact the business of such Courts, Powers of tlie said and to act as common assignees, examinej's, and ministerial officers of sucli Courts; and it shall '"*■ be lawful for the saidCourts for the Relief of Insolvent Debtors to administeroaths, and examine parties and witnesses upon oath or solemn affirmation ; and the said Courts, within and through- out the British territories imder the government of tlie United Company of Merchants of Eno-land trading to the East-Indies, shall have the like powers of issuing commissions to take evidence, and of enforcing the attendance of witnesses, and the production of books, papers, and writings, and of sunmioning, examining, and enforcing the attendance of any insolvent debtor, or his wife, or any other person who may be able to give infonnation respecting the debts, estates, or effects of any such insolvent debtor, as are now possessed by the said Supreme Court, or as are possessed by Commissioners of bankrupt, in cases of bankruptcy, for the purpose of summoning, examining, and enforcing the attendance of bankrupts and C G. 4, c. IG. their wives, and other jicrsons, under and by virtue of an Act passed in tiie sixth year of the re'gn of his present jMajesty, and intituled, " .An Act to amend the Laws relating to Bank- rupts ;" and the said Courts for the Relief of Insolvent Debtors sliall also have the power of finintj in a summary way, or of committing to the common gaol, all persons guilty of con- tempt of Court, and of fining in a summary way and of removing any of their officers who shall be guilty of negligence or misconduct; but the said Courts for the Relief of Insolvent Debtors shall not have the power of awarding costs against any person, except in cases in which it is expressly permitted by this 7\ct, or in which it sliall be expressly permitted by some rule which shall be made by the said Supreme Courts respectively, for the purposes and in the maimer herein-after stated : provided always, tliat the said Courts for the Relief of Insolvent Debtors shall not summon or examine any native of the East-Indies, otherwise than by commission, in any case in which such summoning or examination shall appear to the said Court to be repugnant to the customs and usages of the country. rracticeoftlic Court. II. And be it furtlier enacted, that a Court for the Relief of Insolvent Debtors sliall be holden once a month at least throughout the year, and oftener, if need be, in Calcutta, and as often as may be found necessary within the towns of Madras and Bombay, by any one Judge of the said Supreme Courts of Judicature respectively; and it shall be lawful for tlie said Courts for the Relief of Insolvent Debtors to adjourn from time to time as they may tliink fit, and for the said Courts and the said Supreme Courts respectively, to be sitting at one and the same time, and severally to act and proceed in the exercise of their respective powers ; and every advocate or attorney of the said Supreme Courts at Calcutta, JMadras, and Bombay respectively, shall be admitted to practise in the way of his profession in the said Courts for the Relief of Insolvent Debtors respectively, and no other person shall practise as advocates or attornies in the said Courts for the Relief of Insolvent Debtors ; and the said Supreme Courts of Judicature respectively shall have power from time to time to estabhsli rides to regulate the proceedings of the Courts for the Relief of Insolvent Debtors to be holden within their respective jurisdictions, and especially to prescribe in what manner notice shall b? given to the creditors of parties applying for relief under this Act, and in wliat cases, besides those mentioned in this Act, costs may be awarded ; and shall prepare, and cause to be sealed with their respective seals, a sufficient and proper list of fees to be charged and received by the officers of the Courts for the Relief of Insolvent Debtors, and shall certify under their respective seals, and transmit to the President of the Board of Commissioners for 9 Geo. IV. Cap. 73.] 285 the affairs of India, copies of sucli rules and list of fees, to be laid before liis Majesty for Jiis royal approbation, corrcetion, or revision, and other copies of the same shall at all times be fixed in conspicuous places in the Courts for the Relief of Insolvent Debtors ; and no other fee or gratuity shall be received or taken by any officer or attorney of such last-mentioned Courts on any pretence whatsoever, except such as shall be specified in such lists, III. And be it further enacted, that any person who shall be interested in any petition for Parties interested relief whicli shall be presented by any insolvent jjcrson to any of the said Courts for the ['[^"be'^'tlk'en do'wn"tn Relief of Insolvent Debtors, or in any petition which shall be presented against any trader to writing. any of tiie said Courts, praying an adjudication of insolvency as herein-after mentioned, or in any proceeding of any of the said Courts respecting any such petition, upon depositing with the proper officer of the Court a sum of money of which tile amount shall be fixed by the Court, may require that the whole of the evidence relating to any ])roceeding in which he has an interest may be taken down in writing by a sworn officer of the Court, and tiie same shall be done accordingly ; and in case the party who shall have so required such evidence to be taken down in writing sliall not within one calendar month tiiercafter present his or her petition of appeal as is herein-after directed, it sliall be lawful for the Court in which such evidence shall have been so taken dou ii in writing as aforesaid to pay the reasonable costs and expenses thereof out of the money which shall have been so deposited as aforesaid, returning the overplus, if any, to the person who shall have deposited tlie same. I\'. And be it further enacted, that it shall be lawful for anv j)erson who shall think him- Parties aggrieved .self affgrieved bv anv adjudication, order, or proceedinij; of anv such Coin't for the Relief of """^ petition the Su^ "'^ J . .1 ' 'I '-^ - premc t oiirt, &c. Insolvent Debtors, to present, witliin one calendar montli thereafter, a petition to the Supreme Court of Judicature of the presidency where such Coiut for the Relief of Insolvent Debtors shall be holden, or if such Supreme Coiu't of Judicature .shall not be sitting, then to present such petition to one of the Judges thereof; and it shall be lawful for the Court or Judge to wln'ch or to whom any such petition shall be presented to order that the whole of the evidence, if any, winch shall have been so taken down in writing as aforesaid, and the minutes and records of the proceedings of -which complaint sliall have been made, shall be brought before it ; and the said last-mentioned Court shall inquire into the matter of the petition and of such proceedings and evidence, and shall make such order thereon as to the same Court shall seem meet and just, and shall thereby direct by whom and in what manner the costs of stich petition, and of the proceedings which shall have been iiad thereon, and of the taking down of any such evidence in writing, and of tlie proceedings of which complaint shall have been made, shall be paid ; and sucii order shall be final and conclusive as to all jiartios, and shall be com]nilsory aiul binding upon the Court in which such proceedings so complained of shall have been iiad. \. And be it further enacted, tliat after the timi' hrnin-before appointed for this .\ct to Persons imprisoned . 1 rt. . ■ 1 1 II I • • .,1 ■ .1 ^- 1* •. /■ ,1 ^ c for debts nmv petition take eftcct, any person who sh.ill lie m ])risou «itlini the respective limits ol the towns or ,|,g Cmrt for tlie re- Calcutta, Madras, and Rombay, for debt, damage, costs, or money which such person is lief of insolvenis. solely, or jointly witli any other or titluM's, liable to ]iay, or for contimpt of any Court whatsoever, by the non-]iaynunt of moiuy only, may, at any time witiiiii fouileen days next after the commencement of tlie actual custody of such drbtor, or afterwards, if the Court shall in any case think it reasonable and pro])er to [lermit the same, apply Iiy ]Ktition to the Court for the Relief of Insolvent Debtors within the presidency where such insolvent debtor shall then be; and in such petition tlicre shall be stated the place wherein tlu' prisonei shall 286 [9 Geo. IV. Cap. 73. be then confined, the time when he or she shall have been first chai-ged in custod}-, and the parties by whom, and the reasons and the amount for which, he or she shall at the time of presenting such petition be detained ; and the said petition shall be subscribed by the prisoner witli his name or mark, and shall forthwith be filed in the Court to which it shall be presented ; and if any persons so imprisoned as aforesaid shall be jointly indebted, it shall be lawful for them to apply jointly by petition, in such manner as is herein-before mentioned. Insolvent persons VI. And be it further enacted, that if any person or persons being so indebted as aforesaid, property"o thVamount ^""^ ^^'^^° shall reside within the jurisdiction of either of the said Supreme Courts at Calcutta, of half their debts, and Madras, or Bombay, shall find that lie, she, or they is or are in insolvent circumstances, but petition without being that he, slie, or they has or have some estate and effects of the amount of half his, her, in prison. oj. jj^eir debts, of which instant possession might be given to an assignee, it shall be lawful for such person or persons, without being in prison, to -ipply, jointly or severally, as the case may be, by petition to the Court for the Relief of Insolvent Debtors to be holden at those places respectively, and the petition or petitions shall be subscribed by the insolvent or insolvents with his, her, or their name or names, and shall be forthwith filed in the said Court. Those who petition VII. And be it further enacted, that when any such joint petition as is afore-nientioned to "file "sole ^petitions ^^^^^^ ^^ presented to any Court for the Relief of Insolvent Debtors, it shall be lawfid for the also. Court, if it shall .see fit, to require and compel each of the insolvents to file a sole petition also, in order that upon one petition, and by the proceedings to be thereon taken, the Court may dispose of the estates and efi'ects belonging to all the insolvents jointly, and that upon the other petitions, and the proceedings to be thereon taken, it may dispose of the estates and effects belonging to each insolvent separately ; and if there shall be any residue of the joint estate and effects after payment of the joint debts, such residue shall be duly divided and paid over to the several assignees, who shall have been appointed upon the sole petitions of those to whom such joint estate and effects shall have belonged, and in like manner if there shall be any residue of the separate estate and effects of any of the insolvents after the jKiynient of his or her separate debts, it shall be paid over to the assignee or assignees who shall have been appointed upon the joint petition. Fines, penalties, for- VIII. Provided always, and be it further enacted, that no debt due to our Sovereign Lord feitures and recogni- ^^ Kinff, nor any fine, penalty, or forfeiture whatsoever, nor any recognizance whereby a zances shall not be » ,,,,,-• , , , r n u e deemed debts for the debt is acknowledged to the Knig, nor any debt due on account oi any hue, penalty, or lor- purposes of this Act. f^jt^^g^ ^qj. ^ny estreat, shall be deemed or taken to be such a debt or debts as to entitle any person or persons to petition as is before-mentioned, nor shall any person be entitled to receive any dividend for the same under this Act, nor shall any sucli fines, penalties, forfeitures, recognizances, debts, or estreats be in any way discharged or affected by any thing done under this Act, otherwise than they might and would have been discharged or affected if this Act had not been passed. At the time of pre- IX. And be it further enacted, that the person or persons who shall present any such sr'mfntr''shiai "be petition as is herein-before mentioned shall, at the time of presenting the same, execute an made to persons ap- assignment to the common assignee in such manner and form as the Court shall direct, of all pomted by the Court, j^.^^ j^^^.^ ^^. ^j^^^j^. ^.^^^^^ ^^^ personal estate and effects, rights, dues, claims, choses in action, and interests, whicli he, she, or they shall then liave or be entitled to, or which may in any way come 9 Geo. IV. Cap. 73.] 287 to or be acquired by them liefore the Court shall have made its final order in the matter of his, her, or their petition. X. And be it enacted, that if any person wiio by an Act passed in the sixtli year of the Lying in prison reign of his present Majesty, intituled, " An Act to amend the Laws relating to Bankrupts," jj^" o°dcparting the or by any Act hereafter to be passed, shall be deemed a trader liable to become bankrupt, jurisdiction with in- , ./ , ■ , • /. 1 I 1 /. tent to defeat or delay navmg been arrested or conunitted to prison tor debt, or on any attachment for n jupayment any creditor, siiaii be of money, shall, upon sucii or any other arrest or commitment for debt, be in prison for ;e of such insolvent or insolvents from all liability as herein-after mentioned, and the effect also of entitling and empowering the assignee or assignees to give such discharges for debts due to such last-mentioned person or persons as may be requisite ; and every such assignment as is herein-before mentioned shall be in trust for the benefit, in proportion to their respective dues and just claims, of all the creditors of the person or persons executing the assignment. XXVII. And be it further enacted, tliat if any insolvent at the time of making any such Offices, appoint- assignment as is herein-before mentioned sliall hold any pid)lic office, appointment, or benefice, "/"aleLble"' •ihal'^^piiss civil, military, or ecclesiastical, under the Crown of the United Kingdom of Great Britain to the assignees, and and Ireland, or under the said United Company, and if his interest in sucli office or appoint- Q,.jg^ ' J^ pro"por^on ment shall be such that he might lawfully sell the same, such interest for the purp(5se of sale thereof. shall, by the assignment, be transferred to and vested in the assignee or assignees in trust for the benefit of his creditors, and if his interest therein .shall not be such as he might lawfully sell, then it shall be lawful for the said Court to order the said insolvent to pay such propor- tion of his receipts therefrom to his assignee or assignees as the said Court shall tliink just and right. XXVIII. And be it tnacted, that if any insolvent who shall file his or her petition for VuUnitury preference his or her discharge under this Act, or if any trader who shall be adjudged to liave ,,,,;,ii,5t lussignee. committed an act of insolvency on the petition of any such creditor or creditors as aforesaid being in insolvent circumstances, shall voluntariiv convey, assign, transfer, charge, deliver, or make over any estate, real or personal, security for money, bond, bill, note, money, property, goods, or effects what.soever, to any creditor or other person whonisoe\er, or to any person in trust for or to or for the use, benefit, or advantage of any creditor or otlii'r per>o;i whomsoever, every such conveyance, assignment, transfer, charge, delivery, and making over, if made within two months before the date of such petition, or with the view or intention, by the party so conveying, assigning, transferring, charging, ileliveriiig, or making over, of petitioning the said Court for his or her discharge from custody under this Act, or of cini- mitting such act of insolvency, shall be deemed and is hereby declared to be fraudulmt and o ,, o shall be made iil'ter tlie assignment. 292 [9 Geo. IV. Cap. 73. void as against the common or other assignee or assignees of such prisoner appointed under this Act. No distress for rent XXIX. And be it enactod, tliat after any sucli assignment sliall be made by any petitioner or petitioners, as herein-before mentioned, or after anv sucli an adjudication of an act of insolvency as aforesaid, no distress for rent due before the filing of such petition or adjudication shall be made upon the goods or effects of any such insolvent or insolvents before the final order of the Court shall have been made in the matter of the petition before the Court, but the landlord or party to whom the rent sliall h; due shall be allowed to come in as a creditor, and receive any dividend or dividends in proportion to the amount of any rent due, in like manner as other creditors in proportion to tlie amounts of their respective dues. The Court may re- XXX. And be it furtiier enacted, that after any such assignment or conveyance as by the move the assignees . . /■ ^i ■ » .. • i i i i • c i A i- -,\ t o and aiipoint others. provisions oi this Act are requned to be made to the common assignee oi the Court tor Iteliei of Insolvent Debtors, or after any such adjudication as aforesaid, it shall be lawful for the said Courts respectively, at any time in their discretion, to appoint some other assignee or assignees, and when such new assignee or assignees shall have signified to the Court his, or their acceptance of the appointment, the estate, effects, rights, dues, claims, choses in action, interests, trusts, and powers, which shall have been assigned or conveyed, transferred to, or vested in such common assignee, shall immediately be assigned and conveyed by him to such new assignee or assignees as aforesaid, upon the same trusts, and for the same purposes as they are before assigned and conveyed ; and in case any assignee or assignees shall be unwil- ling to act, or in case of the death or incapacity, or misconduct of any assignee or assignees it shall be lawful for tlie Court by whicli he or they shall have been appointed, to order that any assignment or conveyance to him or them shall be vacated, and the same shall be vacated accordingly, but so nevertheless that no act or thing done prior to the order whereby they are vacated shall be annulled or in any way affected thereby ; and it shall also be lawful for the Court to appoint a new assignee or assignees, with like powers and authorities, and to oblige any assignee or assignees so removed, and the heirs, executors, administrators, and assigns of any deceased assignee, to account for and deliver up all such estate and effects, books, papers, writings, deeds, and all other evidences relating thereto, as sliall have come to his, her, or their hands by virtue of any assignment or conveyance made under this Act, and the deci- sion of the Court thereupon shall be final and conclusive ; and from and immediately after any such appointment as is aforesaid of any new assignee, all the estate, effects, rinlits, dues, claims, choses in action, interest, trusts and powers assigned or conveyed to or vested in the assignee or assignees, in the room of whom sucli new assignee or assignees as aforesaid shall have been appointed, sliall by virtue of such ajjpointment be transferred to and become vested in such new assignee or assignees : and whenever an assignee shall die or be removed, or a new Suits shall not ahatc assignee or assignees shall be appointed as aforesaid, no action at law or suit in equity brought n'lcnal of as^si"nces. *"' defended by him or them in the character of assignee or assignees under this Act shall be tliereby abated, but upon the suggestion of such deatli, removal, or new appointment, such action or suit shall be prosecuted or defended in the name of the existing assignee or assignees ; and all such assignments, conveyances, and appointments, as it is herein-before mentioned are to be made under the directions of the Courts for the Relief of Insolvent Debtors shall be entered on the proceedings of the Court by the order of which they shall be made. Petitioners shall dc- XXXI. And be it enacted, that when any such petition as is aforesaid shall be presented 1 rope'tlr'"'" °' ""'" ^y '^'^y insolvent or insolvents to the said Court for the Relief of Insolvent Debtors, the party 9 Geo. IV. Cap. 73.] 293 or parties presenting the petition, at the same time or within thirty days after, or within such further time as the said Court may deem reasonuhle, shall deliver into the Court a sehechde containing a full and true account of all his, her, or tiieir debts, w hether due by him, her, or them solely, or jointly with any other person or persons, and of all claims made upon the insolvent or insolvents for any such debts not admitted to be due, t(7gether with a fidl and true description of the several persons to whom such debts shall be owing, or by whom such claims shall have been made, and also a true and perfect account of all the estates and effects, real and personal, of tlie insolvent or insolvents, in possession, reversion, remainder, or ex- pectancy, wheresoever situate, and of all his, her, or their rights, dues, claims, choses in action, and interests, and of all trusts and powers which can in any way be available for the benefit of his, her, or their creditors; and such schedule shall also contain a full and true statement of the names and places of abode of the person or persons from whom any tlebt or debts shall be owing to the petitioner or petitioners, himself or themselves, or to him, her, or them jointly with any other person or persons, or against whom any claim or action may be brought, maintained, and enforced, and of the witnesses who may be able to prove such debts or support such claim or action, together with any other particulars which may be required by any rules to be established for the practice of the said Courts for the Relief of Insolvent Debtors respectively, or for giving further effect to this Act in the manner which is herein-before set forth ; and every such schedule so delivered as aforesaid shall be subscribed by the insolvent or insolvents delivering the same, with his, her, or their names, and siiall forthwith be filed in the Court. XXXII. Provided always, and be it further enacted, that after any such adjudication of Insolvent may file- an act of insolvency as aforesaid, it shall be lawful for any insolvent to file a schedule in the ,.!Jtioii'"^ Court by whicii such adjudication sliall have been pronounced, iii like manner as if sucii insolvent had presented a petition for relief under this Act, w-hich schedule shall have the like effect and he acted uj)on in the like mannei', and from which schedule such insolvent shall be entitled to the like benefit, as if the same had been filed in consequence of a jjetition for relief presented by such insolvent under this Act. XXXIII. And be it enacted, that after the petition and schedule of any insolvent .'^hall After tlic pctiti'n have been filed in any Court for the Relief of Insolvent Debtors, and assignment shallliave I"™' ^^;,"|"';:,,"';i "g-;'; been made, as herein-before directed, and after any such adjudication of an act of insolvency notice to the detainini; shall have been pronounced upon the petition of any creditor or creditors of such insolvent as "^y \°l' hcrjng ih[. aforesaid, the Court shall cause notice thereof to be given to any creditor or creditors of the same. insolvent at whose suit he or .she may be detained in custody, or the attorney or agent of such creditor or creditors, and to the other creditors resident within the British territories in the East-Indies, as the Court shall direct; and notice to the like effect shall be twice at least published in the Gazette of the presidency where such Court shall be holden ; and the Court in such notice shall appoint a day and jilace for the hearing of the matters of the petition of such insolvent, or of any such creditor or creditors of such insolvent as aforesaid, after such convenient interval of time that all the creditors resident within the British terrt ories in the East-Indies may have sufficient ojiportunity of examining and ascertaining tiii' truth or falsehood of the insolvent's petition and schedule. XXXIV. And be it further enacted, that tquin the day so appointed by t lie Court as Hearing of petitions, aforesaid for the hearing of any petition, or on any futiu'c day to whicii such hearing may be adjourned, it shall be lawful for the insolvent or insolvents, and for any creditor or creditors 294 [9 Geo. IV. Cap. 73. of the insolvent or insolvents, to be heard, either by himself, herself, or themselves, or by counsel, in support of or in opposition to the petition before the Court, and the whole matter and substance of the petition sliall be inquired into and examined by the Court, as well respecting the claims of any creditors who shall be absent, as of those who shall be present ; and it shall be lawful for the Court to order any insolvent who is in custody to be brought before it as often as occasion may require, and to summon any insolvent who shall not be in custody, and the wife of any insolvent, and any other person, whether a creditor or not, who is known or suspected to have any of the estate or effects of the insolvent or insolvents in his or her possession, or any person who is suspected to be indebted to the insolvent or insolvents, or any person who is believed to be capable of giving any information which will more easily enable the Court to dispose of the estate and effects of the insolvent or insolvents for the benefit of his, her, or their creditors ; and it shall be lawful for the Court to examine any in- solvent or his wife, or any other such person, whether a creditor or not, who shall appear before tlie said Court, in the same way as any other witnesses are examined in any of his INIajesty's Courts of Record in the East-Indies in any suits at law or in equity, or according to any rules which may be made for the practice of the said Courts for the Relief of Insolvent Debtors resjiectively, or for giving effect to this Act in the manner which is herein prescribed : Expenses of witnesses provided always, that every witness summoned to attend before tiie Court shall have his necessary expenses tendered to him, in like manner as by law is required upon service of a subpoena to a witness in an action at law. Where creditor is in- capable of attending, the Court may receive his aliiUavit. XXXV. Provided also, and be it enacted, that in all cases where any creditor or other person shall reside more than one hundred miles from the said Court, or shall be incapable of attending the said Court by reason of sickness or infirmity, to be proved to the satisfaction of the Court, it shall be lawful for the Court to receive the affidavit or solemn affirmation of such creditor or other person, and also, if the Court shall think fit, to permit interrogatories to be filed for the examination and cross-examination of any person making or joining in such affidavit or solemn affirmation. Mutual debts. 6 G. 4, c. 16. XXXVI. And be it further enacted, that when there has been mutual credit given by the insolvent or insolvents and any other person or persons, one debt or demand may be set against the other, and all such debts, dues, and claims as may be proved under a commission of bankruptcy, according to the provisions of an Act passed in the sixth year of the reign of his present Majesty, intituled, "An Act to amend the Laws relating to Bankrupts," or may hereafter be proveable under such commission by virtue of any Act hereafter to be passed, may also be proved upon any such hearing, as is herein-before mentioned, in the same manner, and subject to the like deductions, conditions, and j^rovisions, as in the said last-mentioned Act are set forth and prescribed. Creditors may claim, although omitted from schedule, &c. XXXVII. And be it further enacted, that when any petition shall have been presented under this Act to any of the said Courts for the Relief of Insolvent Debtors, either by an insolvent or by any creditor or creditors of such insolvent, it sliall be lawful for any person or persons to whom such insolvent shall be indebted, at any time before or after the discharge of such insolvent, to make claim upon the estate of such insolvent, and to prove his or their debt or debts, whether due by such insolvent solely, or jointly with any other person or persons, and shall be entitled to and receive a dividend thereon rateably with the other credi- tors of the said insolvent, although the name of such creditor may have been wholly omitted by the said insolvent in his or her schedule, or may have been inserted for a smaller amount 9Geo.IV. Cap. 73.] 295 than tlic debt really due to such person ; and in the case of an adjudication of an act of iusolvencv under this Act, then although no schedule shall have been filed by such insolvent, and where any objection to the existence or amount of such debt so claimed shall be made by such insolvent or any creditor, such Court shall hear the same, and make such order thereon as may seem meet and just. XXXVIII. And be it further enacted, that upon the hearing of any such petition it shall Order of Court upon be lawful for the Court to adjudge that the insolvent is entitled to the benefit of this Act, *"^ '"^'"■'"e- and to order his inunediate discharge from custody accordingly, or to dismiss or amend the petition, or to order the insolvent or insolvents to amend his, her, or their schedule or sche- dules, or to adjourn the further hearing of the petition until a future day, or to make a refer- ence to the examiner or other proper officer of the Court, to make inquiry into any matter of account, or into the truth of the schedule or schedules, and to report thereon to the Court ; and it sliall also be lawful for the Court to remand the insolvent or insolvents to prison until the furtlur hearing of the petition, or until final order Ik' made in the matter thereof, or to commit the insolvent or insolvents to custody for any debt or debts, if he, she, or they shaJl not be in custody at the time of the hearing, and to cancel or renew any such certificate as is herein-before mentioned, which may have been given for the purpose of protecting the insol- vent or insolvents from arrest, or to make any fresh order for protecting the insolvent or insolvents from arrest until final order shall be made in the matter of the petition before the Court, and to order and direct that the assignee or assignees shall make some reasonable allowance for maintenance until such final order, the amount of which shall be fixed by the Court, and shall not exceed five sicca rupees per week : provided always, that in case of the Court dismissing any petition, the acts previously done by the assignee or assignees, or any person or persons acting under his or their authority, in pursuance of tiiis Act, shall be valid ; but in such case the Court shall make such order for re-assigning and re-delivery to the insolvent the residue of his or her estate and effects, as the case shall require, whereupon the same shall be re-vested in such insolvent accordingly. XXXIX. And be it further enacted, that the Court by which any order shall be made Public notice slmll upon any such hearing as is herein-before mentioned shall also order that the assignee or oe given of the order, assignees shall give such notice of such order having betn made as to the Court shall seem fit and convenient. XL. And be it further enacted, that the discharge of any such insolvent so adjudicated as Discharge mny ex- aforesaid shall and may extend to any sum and sums of money which shall be payable by byVay of'nnnuity. way of amuiity or otherwise, at any future time or times, by virtue of anv bond, covenant, or other security whatsoever; and that every person and persons who would hv a cieditor or creditors of such insolvent for such sum or sums of money, if the same were presently due, shall be admissible as a creditor or creditors of sueli insolvent for the value of such sum or sums of money so payable as aforesaid ; which value the said Court shall, upon application at any time made in that behalf, ascertain, regard being had to the original j>rice given for such sum or sums of money, deducting therefrom such diminution in the value thereof as shall have been caused by the lapse of time since the grant thereof to the time of filing sueii insolvent''s petition ; and such creditor or creditors shall be entitled, in respect of such value, to the benefit of all the provisions made for creditors by this Act, witiiout prejuilice never- theless to the respective securities of such creditor or creditors, exce[)ting as respects such insolvent's discharge under this Act. 296 [9 Geo. IV. Cap. 73. Any actions which XLI. And be it further enacted, that if at the time of any such hearing and order any may have heen brought gijit or action shall be pending against the insolvent or insolvents in any Court within the upon claims admitted ' ,. r i i i • i i- • i i n • i in the schedule shall British territories in tlie East-Indies, or for any debt, claim, obbgation, or demand admitted be discontnuieJ. j^^ ^.j^^ schedule of the insolvent or insolvents, or disputed as to amount only, every plain- tiff in such suit or action shall discontinue the same, and shall pay all costs incurred, subse- quent to his having notice of such hearing and order ; and in case of such discontinuance, the insolvent or insolvents shall not by virtue of any supersedeas, nonsuit, or judgment as in case of nonsuit in any such suit or action, be relieved from the debt, claim, obligation, or demand for which it shall have been brought, or entitled to claim from the plaintiff or plain- tiffs any of the costs of any such suit or action incurred before the plaintiff or plaintiffs had notice of the hearine; and order aforesaid. Assignees may seize XLII. And be it further enacted, that every such assignee as aforesaid shall, with all the property of the pe- (.Q,^venient speed, take possession, bv himself, or by means of messengers of the Court, or by other fit and proper persons, of all the real and personal estate and effects of the insolvent of which immediate possession may be obtained, and shall use his or her best endeavours to seize, obtain, recover, and reduce into possession as speedily as possible the rest of such estate and effects, and all debts, claims, and choses in action wliich by such assignment he shall have been empowered to obtain, recover, and get in. The Court may sell XLIII. And be it further enacted, that if any sucli insolvent or insolvents as are before- the reputed property j]ie,-,tioned, at tlie time of filing his, her or their petition, or at the time of any such adiudi- of the petitioner. ' • i , ,, , , • • ,. i cation of an act of insolvency as aforesaui, shall, by the consent and permission of the true owner thereof, have in his, her, or their possession, order, or disposition, any goods or chattels whereof he, she, or they is or are reputed owner, or of which he, she, or they have undertaken the sale, alteration, or disposition, as owner, the Court in which the petition shall have been filed, or by whicli such adjudication shall have been pronounced, shall have power to sell and dispose of the same for the benefit of tlie creditors of such insolvent or insolvents ; provided that nothing herein contained shall invalidate or affect any transfer or assignment of any ship or vessel, or any share thereof, made as a security for any debt or debts, either by way of mortgage or assignment, according to the provisions of an Act of Parliament made in the sixth year of the reign of his present IMajesty, and intituled, "An Act for the registering of British Vessels." Assignees may re- XLIV. And be it further enacted, that if any insolvent or insolvents shall have mortgaged, deem any property of pig^jged^ pawned, or deposited any real or personal estate, or any effects, deeds, or written instruments, with a reservation to himself, herself, or themselves of a power of redeeming the same, his, her, or their assignee or assignees shall have the same right and power of redemption as the insolvent or insolvents would have had if the assignment had not been made. ^yhere a petitioner XLV. And be it enacted, that if any insolvent or insolvents shall, at the time of filing to ''stock!'''cour"'m!iJ- '"»' ''"•, or their petition for relief in any sucli Court for the ReHef of Insolvent Debtors, or order transfer thereof, at the time of any such adjudication of an act of insolvency as aforesaid, or at any time before he or she shall have become entitled to his or her final discharge according to this Act, have any Government stock, funds, or annuities, or any of the stock of any public company either in England, Scotland, or Ireland, standing in his, her, or their own name or names, in his, her, or their own right, it shall be lawful for such Court, whenever it shall deem fit 9Gi:o.IV. Cap.73.] 297 so to do, to order all persons whose act or consent is thereto necessary to transfer the same into the name or names of such assignee or assignees as aforesaid, and all sucli jR'rsons whose act or consent is so necessary as aforesaid are hereby indemnified for all things done or permitted pursuant to such order: provided always, that in all transfers into tiie name or names of any sucli assignee or assignees, the transferee or transferees shall be described as assignee or assignees of tlie estate aiul effects of the insolvent; and no dividend sliall be payable to, nor any future transfer made by, any person of any such stock, funds, or annuities, except under a power of attorney in the usual form required for the receipt of dividends upon or transfer of such stock, funds, and annuities respectively, duly executed by such assignee or assignees, and attested by two credible witnesses, one of whom shall W' an officer of such Court for Ilelief of Insolvent Debtors, and to which attestation the seal of such Court shall be affixed. XI^VI. And be it further enacted, that after the hearing of any such petition and schedule Assignees may make as herein-before mentioned, it shall be law ful for tlie assignee or assignees, by and with tlie composition for the ' P . nphts anil dues of the approbation of such Court, and by and with tlie consent of any creditors whose claims after petitioners. such hearing shall aj)pear to amoinit to more than lialf of all the debts due from the insolvent to persons resident witliiii tlie Britisii territories in the East-Indies, to take such reasonable part of any debts due to the petitioner or petitioners, as may by composition be gotten, in full discharge of sucli debts, and to submit to arl)itration any difference or dispute between the assignee or assignees, anti any otiier person or persons, for or on account or by reason of anything relating to the estate and effects of such prisoner. XLVII. And be it further enacted, tliat it sliall be lawful for the assignee or assignees, Assignees may pro- bv and with the like approbation and consent, to commence and prosecute or defend any suits ^?"^""^ ■>■"' •''"fend ac- .' . ... . . . • tions at law ami suits or actions at law or in e(juity wliich the insolvent or insolvents might have comnieiunl and in eqiiity, with the ap- prosecuted or defended, and to defray the costs to which he or they may be put in respect of 1,',"^^ consent 'of cre'lU .snch suits or actions out of the proceeds of the estate and effects of the insolvent or insolvents ; '<"■*• and if there be any partner or parti'.ers of tlie insolvent or insolvents who hath not or have not joined in the petition, it shall be lawfid for the Court to authorize tlie assignee or assignees to join such partner or partners with himself or themselves as plaintiff's in such suit or action ; and if such partner or partners sliall execute any release of tlie debt or demand for which such suit or action is brougiit, the release sliall be void ; provided always, that such partner or partners, if he, she, or they shall take no part in tlio ])rosecution or defence of such suit or action, sliall not be liable to pay costs in respect of the same. XLV'III. And be it further enacted, that all jiowers vested in any such insohiiit oi- .\ssignccs may c.\c- insolvents as afore-mentioned, which he, she, or they miffht lawfully execute, for his, her, or P"'" P°"'^''* vested in insolvent* their benefit, might be executed by his, her or their assignees, for the benefit of his, her, or their creditors. XLIX. And be it further enacted, that from time to time as possession is obt.iiiird of any \ssipiiecs shall sell of the estate or eflects of any insolvent or insolvents, the assijrnee or assi'mees shall with ,ill ''"= proi.eity. unless ,,,",,, ,. , , , , the Court direct uthcr- convcnient speed make sale ot the same ; siil)|ect nevertheless to the (breclion and co itiol of wise. the Court l)y authority of which he or they shall have been ap])oinled, in case aiiv ap])lication shall be made to such Court by any insiilv cut, (ir .mv creditor or mortgagee, in :ill v'.liicli cases such Court shall have full power and authoiily to tk'lay or postpone the sale of any pro])erty, and to make such other order regulating the same as to such Court shiill si\iii meet. 2ft 298 [9 Geo. IV. Cap. 73. Court may deferthe L. And whereas the insolvents may be entitled to annuities for their own lives, or other sale of property, if it mj^ertain interests, or to reversionary or contingent interests, or may have made advances of shall think proper. ' - . , . • . money for tlie cultivation of lands, or may be interested in property in other ways, in which the immediate sale thereof for payment of their debts may be very prejudical to them and to their creditoi-s, and it may be proper in some cases to defer the sale of such property, and to put it inider temporaiy management, or to autliorize the raising of money by way of mort- gage for payment of the debts or part of the debts of an insolvent, and for defraying the expenses attending the execution of this Act, instead of selling for such purpose ; be it enacted, that in all such cases it shall be lawful for the said Courts for Kelief of Insolvent Debtors at any time to take into consideration all circumstances affecting any property of the prisoner which shall have been assigned under the provisions of this Act ; and if it shall appear to any such Court that it would be reasonable to make any special order touching the same, it shall be lawful for such Courts so to do, and to direct that so mucli of tlie said pro- perty as it may be expedient not to sell immediately, according to the provisions of this Act, shall not be so sold, and from time to time to order and direct in what manner sucii property shall be managed, for the benefit of the creditors of sucii insolvent, until the same can be pro- perly sold, or until payment of such creditors be effected, according to the provisions of this Act, and to make such order touching tlie sale or disposition of such property as to such Court for Relief of Insolvent Debtors may seem reasonable and beneficial, and upon such terms and conditions, with respect to the allowance of interest on debts not bearing interest, or other cir- cumstances, as to such Court shall seem just ; and if it shall appear tliat the debts of any such insolvent or insolvents can be discharged by means of money raised by way of mortgage on any of the said property of the said insolvent or insolvents, instead of raising the same by sale, it shall be lawful for the said Court so to order, and to give all necessary directions for such purpose, and generally to direct all things which may be proper for the discharge of the debts of such insolvent or insolvents, as may be most consistent with the interest of such petitioner or petitioners, and of his, her, or their creditor or creditors. Assignees to render LT. And be it further enacted, that the assignee or assignees of all such insolvents as are Eccounts o e ou . ]^gj.gjp.|3gfo,.g mentioned shall keep accounts of the property, debts, and credits of such insol- vents, whether belonging or due to or from such insolvents solely, or jointly with any other person or persons, wherein tliey shall enter all property of the insolvents received by them, and all payments made by them ; which accounts any creditors may inspect at all seasonable times ; and it shall be lawful for the Courts for the Relief of Insolvent Debtors at all times to summon the assignees before them, and require them to produce all books, papers, deeds, writings, and other documents in their possession, which in any way relate to the petition of the insolvent or insolvents ; and if such assignee or assignees so summoned shall not come be- fore such Courts respectively at the time appointed, or shall not bring with him or them such documents as are afore-mentioned, it shall be lawful for sucii Courts respectively to issue attachments, and to cause such assignee and assianees to be brouaht before them, and to coni- rait such assignee or assignees to prison until he or they shall submit to the Court by which he or they shall have been summoned. Court shall declare LII. And be it further enacted, that wlienever it shall appear by the accounts of any dividends. assignee or assignees that a dividend may be beneficially made amongst the creditors, it shall be lawful for any Court for the Relief of Insolvent Debtors to summon before it the assignee or assignees, and to direct that such public notice as to the Court may seem meet shall be given of a further hearing of the petition on a day certain, for the purpose of making a divi- 9 Geo. IV. Cap. 73.] 299 (Iciid ; and on the day so fixed the insolvent or insolvents, and assignee or assignee?, and any creditors wiio shall be willing to do so, shall attend the Court, and all objections to tiie sche- dule of tlie insolvent or insolvents, and to the accounts or conduct of the assignees, and any claims of any creditors which shall not iuive been previously determined, shall be then heard and determined, either by such Court immediately, or upon a reference to the examiner or other proper officer of such Court ; and it shall be lawful for such Court to examine tlic insol- vent or insolvents, assignees, or any witnesses, on oath, and either at that time to declare a dividend, and to direct that the same shall be paid by the assignee or assignees, or to postpone such declaration and direction of the same until a further hearing, and to make such order in the matter of tlie petition, and respecting the same, as shall be most conducive to tlie attain- ment of the benefit intended by the several provisions of this Act. LIII. Provided always, and be it enacted, that it shall not be lawful for sucli Court to N'o dividend to joint order any dividend to be made amongst the joint creditors out of tlie separate estate, until the estate°'^untir separate separate creditors shall have been paid in full, nor to order anv dividend to be made to the creditors paid in fulL separate creditors out of the joint estate, until all the joint creditors shall have been paid in full ; in whicb latter case it shall be lawful for such Court to order such dividend to be made among the separate creditors, out of such interest in tlie joint estate, as such insolvent shall appear to be separately entitled to. I^IV. Provided always, and be it further enacted, that unless it shall appear, upon reason- A eertain part of an able proof to be made to the satisfaction of such Court for the Relief of Insolvent Debtors, j^g reserved for a liini-.. and be so certified by such Court, that all the property of the insolvent is situate, and all the ted time. debtors and creditors resident, witliin the limits of the Charter of the said United Company, then, until the expiration of twelve calendar months from the notice in the Lo7idon Gazette of the jietition of any insolvent, as hcrein-before mentioned, tlie assignee or assignees appointed by such Court shall reserve the full amount of one-third part of the property of the .';aid insolvent collected in and received by such assignee or assignees, and shall make a dividend aniong the creditors of the said insolvent to the amount of the remaininn; two-third parts only, which third part so to be reserved as aforesaid shall in the meantime be invested or disposed of in such way as such Coiu't shall order, and shall not remain in the hands of such assignee or assignees ; and at the exj)iration of the said term of twelve cak'iuiar months, it shall be lawful for the assignee or assignees of such insolvent to apply to such Court for a return of tlie said third part so reserved as aforesaid, in order that the sanii' may be so distri- buted among the creditors as to place them all upon an equal footing ; and upon such third part so reserved as aforesaid being restored to such assignee or assignees, such assignee or assignees shall forthwith jiroceed to take an account of the debts of the said insolvent, and of the siun or stuns which shall or may have been jjaid by way of dividend to any of such credi- tors, and shall distribute the fund then in the hands of such assignee or assignees, so as to place all the creditors of the .«aid insolvent, whether Indian or Hritish, upon a just and I'tpial foot- ing, and so as that every creditor shall receive a rateable and pro])ortional)le part of the assets of the said insolvent, according to the amount of his debt, and whether such tlebt be inserted or omitted in the schedide, or whether the same shall have been rightlv inserted or not, and without refeience to the time at whiih such debt shall have been claimed. LV. And be it further enacted, that if any creditor whose claim shall have been established ( oiin to diroct «lmt /-I . n I Tii'/>/.T 1 ,xi. Ill . II' II* !• .. is to he done with the in any Court for the Uelief of Insolvent Debtors shall not ajjpear, hy hmisell, lus attorney money ,.( aiiMiit creili- or agent, at the making of any divideml, nor shall make a])plication to receive his, her, or tors. o o " ^ u .>. 300 [9 Geo. IV. Cap. 73. their share thereof, the assignee or assignees shall certify the sam? to sucli Court at its first sitting after tiie making of the dividend ; and it shall be lawful for tlie Court to direct in what manner, and by wliom, and upon what conditions, the money so due to such creditor or creditors siiall be kept for or paid to liim, her, or tliem, or to iiis, her, or their lawful consti- tuted attorney. Assignees to make LVI. And be it further enacted, that if any assignee or assignees shall neglect to account, compensation to the ,.,„ i • i i n i i i i i ,, n i t. i- <• ^t > petitioners or their or to pay any diflerence which shall have been ordered by any Court tor the Jteliei of Insol- creditois for any losses yp,^[ Debtors, or in any other respect shall neglect his or tlieir duty as assignee or assignees, winch may be occa- . iii^i 1/-1 i- • 1 o' sioneil by their mis- it shall be lawful for such Court to summon such assignee or assignees, and to inquire into '^'""'"'^'' such neglect ; and if such Court shall be of opinion that the insolvent or insolvents, or his, her, or their creditors, have suffered any injury by tiie fault of the assignee or assignees, it shall be lawful for such Court to order the assignee or assignees to make sucii compensation for the same as to such Court shall seem fit ; and in defaidt of tiie assignee or assignees obeying the summons of such Court, or making such compensation as shall be ordered by such Court, it sliall be lawful for sucii Court to commit the assignee or assignees wiio shall have so offended to the common gaol, there to remain without bail until he or they shall obey tlie order of such Court ; or to levy, bv distress and sale of the offender's goods, so much as shall be sufficient to make the compensation wliich siiall liave been ordei'ed by such Court. In certain cases, (lis- LVII. And be it furtlier enacted, that in case it sliall appear to any Court for tlie Rehef charge to he at any pti -rvi 1 I'l iciii -i- period not later than oi Insolvent Debtors, that any such insolvent has trauilulentiv, with intent to conceal the three years from peti- state of his or her affairs, or to defeat the objects of this Act, destroyed, or otherwise wilfully prevented or pui'posely withheld tlie production of any book, paper, or writing relating to such of his or lier affairs as are subject to investigation inider tliis Act ; or kept or cause to be kept false books, or made false entries in, or withiield entries from, or wilfully altered or falsified any such book, paper, or writing ; or that such insolvent has fraudulently, witli intent of diminishing the sum to be divided among his or lier creditors, or of giving' an undue preference to any of tlie said creditors, dischargeil or concealed any debt due to or from the said insolvent ; or made away with, charged, mortgaged, or concealed any part of his or her property, of what kind soever ; then it shall and may be lawful for such Court to adjudge that such insolvent shall be so discharged, and so entitled as aforesaid, so soon as he or she shall have been in custody, at the suit of some one or more of the persons as to whose debts and claims such discharge is so adjudicated, for sucli period or periods, not exceeding- three years in the whole as such Couit shall direct, to be computed from the date of his or her petition. In other cases, dis- LVIII. And be it further enacted, tliat in case it shall appear to any such Court that such pe'rad not 'later'than insolvent shall have contracted any of the debts fiaudulently, or by means of breach of trust, two years from peti- or by means of false pretences, or without having any reasonable or probable expectation, at the time when contracted, of paying the same ; or shall iiave put any of his or her creditors to any unnecessary expense, by any vexatious or frivolous defence or delay to any suit for reco- vering any debt, or any sum of money due from such insolvent ; or shall be indebted for damages recovered in any action for criminal conversation with the wife, or for seducing the daughter or servant of the plaintiff' in such action, or for breach of promise of marriage made to the plaintiff in such action, or for damages recovered in any action for a malicious prose- cution, or for a libel, or for slander, or in any other action for a malicious injury, done to the plaintiff therein, or in any action of tort or trespass to the person or property of the plaintiff' therein, wherein it sliall appear, to the satisfaction of such Court, that the injury 9 Geo. IV. Cap. 73.] 301 complained of was malicious; tlien it sliall and may be lawful for such Court to adjudge that such insolvent shall be so discharged and so entitled as aforesaid forthwith, excepting as to such debts, sum or sums of money, or damages as above mentioned: and as to sucli del)t or debts, sum or sums of money, or damages, to adjudge tliat such insolvent sliall be so dis- cliarged and so entitled as aforesaid as soon as he or she shall have been in custody, at the suit of the person or persons who shall be creditor or creditors for the same respectively, for a period or periods not exceeding two years in the whole, as such Court shall direct, to be com- puted as aforesaid. LIX. And be it further enacted, tli at whenever any creditor or creditors opposing sue!) fouit may order insolvent's discharge shall prove, to the satisfaction of any such Court, that sucii insolvent to'^ijc iwi/lTo'rrcdk^'^-^ has done or committed any act for which, upon such adjudication as aforesaid, he or she may o"t of insolvent's es- be liable to remain in such custody as aforesaid for a period not exceeding three years, to be computeil as aforesaid, such Couit shall adjudge the taxed costs of such opposition to be jiaid to such opposing creditor or creditors, out of the estate and effects of such prisoner, by his or her assignee or assignees, before any dividend made thereof: and in all other cases of oppo- sition to an insolvent's discharge being substantiated or effectual, it shall be lawful for such Court to adjudge in like maimer if it shall seem fit ; and that in case it shall appear to such Costs hi cases of Court that tiie opposition of any creditor to any such insolvent's discharge was frivolous and vex- '"^o'o"soppos""»i. atious, it sliall and may be lawful for such Court to award such costs to such insolvent as shall appear to be just and reasonable, to be paid by the creditor or creditors making such oppo- sition, which shall be paid accordingly. LX. And be it enacted, that where, in the matter of any such petition heard before any fuurt to mnke order such Court, any adjudication shall have been made by such Court for discharge of any insol- fion^.a^d iss"ue''\va'rni'iit! vent, order shall be made accordingly by the said Court in pursuance of siicli adjudication, and such (-'oiirt shall also issue a warrant or warrants to the gaoler accordingly, ordering the discharge of such insolvent from custody as to the detainers under which he or she shall then be confined, or which shall be lodged against him or her before he or she shtill be out of cus- tody, the same being for debts in respect of which such adjudication shall have been made ; and that every such order of adjudication shall take effect as from the day on which the adjudication shall have been made in that behalf; and tiiat every such ;idjudication, and cer- tificate thereof, and order thereupon, may be made without specifying therein any such debt or debts, or sum or sums of money, or claims as aforesaid, or naming therein any such creditor or creditors as aforesaid, excepting so far as shall be necessary in any case in order to distin- guish between the creditors as to whom any such insolvent may be adjudged to be so discharged and entitled as aforesaid forthwith, and tlie creditors as to whom he or she mtiy be adjudged to lie so discharged and entitled at sonic future period : provided neverthe- Proviso. less, that in all rases the detainer or detainers with respect to which any such insolvent shall have been adjudged to be ilischarged out of custody, he t)r she being then in custody there- upon, shall be specifiid in the warr:uit of such Court, to be delivered to tile gaoler in tiiat behalf. LXI. And lie it further enacted, that every such adjudication for discharge of any insol- Adjudication and or., vent as aforesaid by any such Court ;is aforesaid, and the order thereupon, so made as afore- f|i[„y,'e!i'^^,',rralso'''v'i! said, except in casts of apjx'als, shall he linal and ciiiiclusiv c, and sli;iil not be reviewed bv diiir.'. ^i-. in wliith 1 r. 1 1 1 /. 1 II I .. ! 1 ,1. • 11- 1 ' rase Court may en diTii sucli ( ourt, unless such ( ourt sli.ill tlureatter see good and suliieiiiit cause to believi' that rehearing. such ailjudication has been made on false e\ idence, or otherwise improperly nitide or fraudu- lently obtained, in which case it shall and may be lawful for such Court, upon tlie ajjplication 302 [9 Geo. IV. Cap. 73. of such insolvent, or of any creditor of such insolvent, to order such insolvent, upon due notice, to be given to such persons and in such manner as the said Court shall direct, to attend or to be brought up, and the said matter to be reheai-d before the said Court, who shall there- upon rehear the same, and shall and may, if just cause shall appear, annul the original adju- dication and order thereupon made in such case, and sliall have the same powers and autho- rities upon such rehearing as upon any original hearing in pursuance of this Act, and may adjudicate in such matter accordingly ; and thereupon, in case the former adjudication in the said matter shall not be confirmed, such order, certificate, and warrant shall be made as required by this Act to be made upon such original adjudication ; and the said Court shall and may, if necessary, remand the said insolvent to the same custody in which he or she was at the time of the former hearing, there to be subject to imprisonment as if the former adjudication therein had not been made ; and thereupon all detainers which were in force against such insolvent at the time of his or her former discharge from custody, shall be deemed to be still in force against him or her, as if such former adjudication had not been made; and the gaoler and keeper of the prison to which such insolvent shall be so remanded shall and is hereby required to receive such insolvent into his custody, in pursuance of such remand, for doing which tlie order of remand in such case shall be his sufficient warrant ; and where in any case such insolvent shall refuse or neglect to appear before such Court, according to such order for rehearing as aforesaid, a copy whereof shall have been duly served on such insolvent, it shall and may be lawful for such Court to order such insolvent to be a[)prehended, and com- mitted to custody to such prison, and to issue its warrant accordingly, and to cause such insoU vent to be brought up for examination as often as to such. Court shall seem fit : provided always, that where upon such rehearing it shall appear to such Court that such insolvent is not entitled to the benefit of this Act until some future period, according to the provisions herein contained, the said Court shall and may, if it shall appear reasonable, adjudge the discharge of such insolvent at such future period, to be calculated without including the time during which such insolvent shall have been out of custody since the time appointed for his or her discharge by such former adjudication as aforesaid. Insolvent may, after LXII. And whereas the estate, both real and personal, of any person whose discharge has discharge, be examined |^ ad'iudicated under this Act, may not be sufliciently described or discovered in his or her as to the estate and •> ».,. , , j-j eiTeets, on application schedule so sworn to as aforesaid, or tlie assistance of such person may be necessary to adjudge, of the assignee. make out, recover, or manage his or her estate and effects, for the benefit of his or her cre- ditoi-g; be it therefore enacted, that it shall and may be lawful to and for the assignee or assignees of the estate and effects of any such person whose discharge shall have been adju- dicated under this Act, in case such person shall, upon application to him or her for that purpose, have refused or neglected to give the necessary information, from time to time to apjjly to the Court by which any such adjudication shall have been pronounced, that such person may be further examined as to any matters or things relating to his or her estate and effects by such Court ; and thereupon, and also in case such jierson shall neglect or refuse to appear before such Court at such time and place as shall be directed by such order, or appearing shall refuse to be sworn, or to answer such questions as shall be put to him or her relating to the discovery of his or her said estate and effects, then and in any of such cases it shall be lawful for sucii Court, by warrant, to commit such person to gaol, there to remain without bail or mainprize until such time as he or she shall submit himself or herself to the order of such Court in that behalf, and shall answer upon oath or otherwise, as shall be required, to all sucli lawful questions as shall be put to him or her, in pursuance of the same, for the purposes aforesaid. 9Geo. IV. Cap.73.] 303 LXIII. And he it further enacted, that whenever it sliall he made to appear to the satis- Court may, in cer- faction of any Court for lielief of Insolvent Dehtors, upon the apphcation of any insolvent, ,'he\„sX'nt'^from'ari his assignee or assignees, or any of his or her creditors, that the estate of such insolvent debtor lii'i)ility in respect of which shall have come to the liands of the assignee or assignees shall Iiave produced suflicient "" "^ ^ speci le . to pay and discliarge three-fourtiis of tlie amount of the debts which shall have been established in such Court, or tliat creditors to the amount of more than one-half in number and value of the debts which shall iiave been so established shall signify their consent in writing thereto, it shall be lawful for sucli Court to inquire into the conduct of tlie said insolvent ; and if it shall appear to such Court that the said insolvent has acted fairly and honestly towards his or her creditors, such Court shall be fully authorized and empowered thereupon to order that the said insolvent sliall be for ever discharged from all lial)iiity whatsoever for or in respect of such debts so established as aforesaid ; and such Court shall, in the order to be drawn up, specify and set forth the names of such creditors ; and after any such order shall have been so made, no furtlier proceedings shall be had in tlie matter of the petition before the Court, unless u])on appeal made to the Supreme Court of Judicature of the presidency where such Court for the Relief of Insolvent Debtors shall be holden, as hereby authorized : provided Order of discharge always, that no such order as last aforesaid shall prevent any creditor who shall not have been ""'. }.° ''^^"'^^ creditors ■ . . . . , ^ . , ,, . , residing out of the resident witliin tlie limits of the Charter of the said United Com])any at any time between hmits at the time. the filing of such petition and the making of such order as last-mentioned, and who shall not have taken part in any of tlie proceedings under the said petition, from bringing any suit or action in the East-Indies, for tlie purpose of obtaining execution against the goods, estate, or effects of such insolvent, for any unsatisfied claim of such creditor, nor from bringing any suit or action for such claim in any Court of the United Kingdom of Great Britain and Ireland, or elsewhere without the limits of the said United Company's Charter, against such insolvent, in the same manner, and with the like consequences and effects, as if such order as last-mentioned had not been made. LXIV^ And be it further enacted, tliat if after the making of any such order as last Kcmedy for unlaw- aforesaid any insolvent shall, contrary to the tenor of the same, and to the true intent and f"' .l'ro<"*"«''l"'p »g«inst •' _ ' _ •' ' petitioner alter linal meaning of this Act, be sued in any Court wliatsoever, it shall be lawful for sucli person to order. plead such order, and to give an office copy thereof in evidence ; and if such person shall thereupon obtain a verdict or decree in his or her favour, or if the bill shall be dismissed for want of prosecution, or there shall be judgment of nonsuit, tlie defendant or defendants sliall also be adjudged to have treble costs. LXV. Provided always, and be it enacted, that in all case.^ wlure it shall have been Where adjudication adjudged that any such insolvent shall be so discharged and be entitled as aforesaid at some |1,h1*;iI'X 'pViUiumr future period, such insolvent shall be subject and liable to be detained in prison, and to be ">")• 1>« arrested, &c. arrested and charged in custody, at the suit of any one or more of iiis creditors witii respect to whom it shall have been so adjudged, at any time before such period shall have arrived, in the same manner as he or she would have been subject and lial)le tiiereto if tliis Act had not passeil : provided nevertheless, that wlien sucli period shall have arrived such insolvent shall be entitled to the benefit and protection of this Act, notwithstanding that he or she may have been out of actual custody during all or any part of the lime subsetpient to such adjudication, b}' reason of such prisoner not having been arresteil or detained lUuiiig such time or any part thereof. LX\ [. ^\iul be it further enacted, that in all cases where such iii><)lvent shall, upon siuli Court may order de- adjudication as aforesaid, be hable to further iiniirisonmenl ,it the suit of his or her creditor !!'y"'!,''„!'"'l','',!!\,'" '!"'' 304 [9Geo.1V. Cap. 73. ceeding five sicca ru- or creditors, or any or either of them, it shall be lawful at any time for the Court by which pees per wee -. such adjudication shall be pronounced, on the application of such insolvent, to order such creditor or creditors at whose suit he or she shall be so imprisoned to pay to such insolvent such sum or sums of money, not exceeding the rate of five sicca rupees by the week in the whole, at such times, and in such manner, and in such proportions as such CoiU't shall direct ; and that, on failure of payment thereof, as directed by such Court, such Court shall order such insolvent to be forthwith discharged from custody at the suit of the creditor or creditors so failing to pay the same. Special provisions LXV'II. And be it further enacted, that if any married woman, being a prisoner, or in for insolvent niamed i„solye,it circumstances, within the intent and meaning of this Act, shall petition to be women. ' _ _ ^ ' • discharged for any debt or debts imder the provisions of the same, it shall be lawful for any Court for the Relief of Insolvent Debtors to which such petition shall be presented to receive the same, witliout requiring such married woman to execute such conveyance or assignment as may be lawfully required for other petitioners according to the provisions of this Act, but instead thereof sucli Court shall require such married woman to execute a conveyance and assignment for vesting in an assignee or assignees appointed by such Court, all property, real and personal, to which she may be entitled for her separate use, whether in possession, remainder, reversion, or expectancy, or over which she shall liave any power of disposition, notwithstanding her coverture, or which shall be vested in any trustee or trustees, or other person or persons, for her benefit, and t(5 deliver up all personal estate and effects of wliich she shall have the actual possession, except such as she may be permitted by such Court to retain, subject only to such right, title, or interest as her husband may have in the aforesaid real and personal property ; all which acts she is hereby empowered to do witliout her husband, notwithstanding her coverture, so nevertheless as, not to prejudice any right of her husband in such real and personal estate and effects respectively ; and all such estate and effects, real and personal, in possession, reversion, or remainder, shall, by such conve^'ance and assignment so to be executed under the order of such Court, be as effectually vested in the assignee or assignees as the same might have been vested in such assignee or assignees by the conveyance or assignment of such woman if she had been sole and unmarried, subject only to the rights of her husband therein as aforesaid ; and all provision in this Act con- tained, touching the real and personal estate of any petitioner or petitioners seeking to be relieved under the authority of the same, shall apply to such real and personal estate and effects of such married woman, in the same manner as the same would apply to such personal estate. Insolvent lunatics. LXVIII. And be it further enacted, that if any such prisoner for debt as aforesaid shall be or become of unsoimd mind, and be therefore incapable of taking the benefit of this Act, in such manner as he or slie might have done if of sound mind, the gaoler or keeper of the prison wherein the prisoner shall be shall give information thereof to the Court for the Relief of Insolvent Debtors of the presidency wherein such prison shall be situated, which Court shall thereupon issue a commission to some competent person or persons to inquire, examine, and report to such Court touching and respecting the state of the prisoner's mind ; and such Court may either confirm or set aside the report of such commissioner or commissioners, and may, if it think fit, make further inquiry by examination of witnesses upon oatli ; and if such Court shall conclude that the prisoner is of unsound mind, it sliall be lawful for such Court, at the instance of any person or persons on belialf of such prisoner, to order notice to be twice inserted in the Gaxette of such presidency, and in such notice to specify and direct 9Geo. IV. Cap. 73.] 305 that application will be made to such Court for the discharge of such prisoner on a dav to be specified in such notice, being twenty days at least from the first time of publication of such notice ; which notice, together with service of the notice on the creditor or creditors at whose suit such prisoner shall be detained in custody, or iiis, her, or their attorney, shall be deemed sufficient to authorize such Court to proceed to the discharge of such prisoner, and such Court shall proceed accordingly, and discharge such prisoner: provided always, that all and every estate, right, title, interest in law and equity, real and personal, power, benefit, and emolument whatscx>ver, which if such prisoner were of sound mind could and ought lo be assigned by such prisoner pursuant to the jirovisions of this Act, shall, by force and virtue of the order for the discharge of such prisoner, be vested in the common or other assignee or assignees appointed by such Court, as fully and effectually, and in the same manner, and with all and every the same consequence and effect, l)oth in fact and law, as if such prisoner had been of sound mind, and had duly conveyed the same to such connnon or other assignee at the time and in the manner in this Act provided. LXIX. And be it further enacted, that after the time appointed for this Act to take \Vanants of attor- effect, every warrant of attorney to confess judgment in any personal action, in any of his be^vo'i'i'l''^uf"°ss'n*d^'' Majesty's Courts of Record within the British territories under the government of the said ^j'^ weeks after execu- United Company, and every cognovit actionem given by any defendant in any personal action which shall be pending in any of tiie said Courts, shall, within six weeks after the execution of sucii warrant or cognovit, be filed, together with an affidavit of the time of the execution thereof, with the prothonotary or other proper officer of the Court in which the judgment is confessed or the action is pending; and every such warrant of attorney and cognovit actionem as aforesaid, which shall not be so filed as aforesaid, shall be deemed fraudulent, null and void, to all intents and purposes ; and if any warrant or cognovit which shall be so filed as aforesaid shall have been given subject to any defeazance or condition, such defeazance or condition shall be written on the same paper or parchment on which such warrant or cognovit shall be written, before the time when it shall be filed, otherwise such warrant or cognovit shall be null or void to all intents and purposes. LXX. And be it further enacted, that the prothonotary or other proper oilicer of his I'rodionotarv.fvc to Majesty's Court of Record within the Rritisii territories under the government of the said ^'■'*^^' '"'"'*'* '"'' '''<^ ''''• United Company sliall cause every warrant of attorney antl cognovit actionem in any personal cognovits, action, filed in his office, to be numbered, and shall kifj) a book or l)ooks in his said olHce, in wiiich he shall cause to be fairly entered an alphabetical list of all .such warrants and cognovits, according to the form of a schedule annexed to an Act ))assfd in tlu' third year of 3 c. I. c. .39. his present Maje>ty, intitukil, " An Act for preventing Frauds upon Creditors by secret Warrants of Attorney to confess Judgment;" which book or books, and every warrant of attorney and cognovit actionem filed as aforesaid, shall be searched and viewed at all times, upon payment of the fees lawfully e^tal)lished. LXXI. And be it further enacted, that it shall be lawful for the Court in which nny such Court miiyoniormc warrant or cognovit is lileil to order a memorandum of satisfaction to be written upon any '"»"""'""' "" ^^lli^fuc. ...„.,,, ' ■ tion to be iii(li-, exaiiiiiiatiniu IVimliy for perjury, affidavit, or alfirmation had or taken under lliis Act, shall wilfully and eorru])t]y swear or 306 [9 Geo IV. Cap. 73. affirm falsely, it shall be lawful for any Court before wliich any such person shall be convicted of any such offence by due course of law, to order and adjudge such person, if convicted in the said United Kingdom, to be transported for any term not exceeding seven years, or if con- victed in the East-Indies, to be transported to such place and for such term as the Court shall direct, or in either case to order and adjudge that such person shall be imprisoned and fined, or imprisoned or fined only, for such time, and to such amount, and in sucli manner, as the same Court shall direct. Penalty for embez- zlement or conceal- ment of effects. LXXIII. And be it further enacted, that if any insolvent or other person shall wilfully and fra\idulently embezzle or conceal any part of tlie real and personal estate or effects of any insol- vent or insolvents who shall have filed a petition for relief, or against whom any petition shall have been filed in any of the said Courts for the Relief of Insolvent Debtors, such person shall be guilty of a misdemeanor ; and it shall be lawful for any Court before which any such per- son shall be convicted of any such offence by due course of law, to order and adjudge that such person shall be transported to such place and for such term of years as the said Court shall direct, or to order and adjudge that such person shall be imprisoned and fined, or imprisoned or fined only, for such time, and to such amount, and in such manner, as the same Court shall direct. Application of fines imposed for the fore- going offences. LXXIV. And be it fiu-tlier enacted, that whenever any person or persons shall have been ordered and adjudged, under the provisions of this Act, to pay any fine for any forgery, per- jury, embezzlement, or concealment, and such fine shall have been paid, it shall be lawful for any assignee or assignees in whom the estate and effects of any insolvent or insolvents shall be duly vested, according to the provisions of this Act, to apply to the Court by which such fine shall have been imposed ; and if it shall be })roved to the satisfaction of the same Court that the creditors for whose benefit the said assignee or assignees shall hold in trust the said estate and effects have been defrauded, or have incurred loss, by means of such forgery, perjury, embez- zlement, or concealment, the said Court by which the said fine shall have been imposed shall pav the same, after deducting the costs of prosecution, to tlie said assignee or assignees for the use and benefit of the said creditors ; provided always, that if no such application shall be made by such assignee or assignees within one year after any sucli fine shall have been paid, it shall be lawful for the Court by which such fine shall have been imposed, to appropriate, ajoply, and pay over such fine to such uses, purposes, and persons, and in such manner as any other fine imposed by the same Court for any forgery, perjury, or other crime or misdemeanor may be lawfully appropriated, applied, and paid over. Mode of taking affi. davits. LXXV. And be it enacted, that all affidavits and aflfirmations to be used before any Court for the llelief of Insolvent Debtors, or any oflicer of such Court, shall and may be sworn and affirmed before such Court, or any commissioner or other person appointed by such Court for that purpose, or any judge or commissioner for taking affidavits in any of his Majesty's Courts of Record within the limits of the said United Company's Charter, or before any master or master extraordinary in Chancery in England or Ireland, or any magistrate authorized to take afl^davitsor affirmations in Scotland. No person having LXXVI. Provided always, and be it further enacted, that no person who shall have been A'cViiudn!!iv^t"!.ga'in a' 'I'lY time discharged by virtue of tiiis Act shall again be entitled to the benefit thereof within five years, ex- ^itliin the space of five years after such discharge, unless a majority in number and value of the creditors against whom such person shall seek to be discharged by virtue of this Act shall 9 Geo. IV. Cap. 73.] 307 signify his, her, or their assent to such discharge, or unless it shall be iiiaile to appear to tiie satisfaction of the Court for the Relief of Insolvent Debtors, to which aj)plication for such discharge shall be made, that such person has since his or her former discharge endeavoured by industry and frugality to pay all just demands upon hiui or her, and has incurred no un- necessary expense, and tiiat the debts which such person has incurred subset[uent to sucii former discharge have been necessarily incurred for the maintenance of such person, or his or her family, or that the insolvency of such person has arisen from misfortune, or from inability to acquire subsistence for himself or herself, and his or her family. LXXVIl. And be it further enacted, that if any action of escape, or any other suit or In actions under this action shall be brought against any magistrate or officer, or any otiier person for performing '^^^ be'^plradTd' '^^"^ the duty of his office or appointment in pursuance of this Act, he or tliey may plead the general issue, and give this Act in evidence ; and if the plaintiff shall be nonsuited, or discon- tinue his or her action, or a verdict shall pass against him or her, or judgment shall be given for the defendant upon demurrer, the defendant shall have treble costs. LXXVIII. And be it further enacted, that the proper officer of the several Courts for the Officer of Court to Relief of Insolvent Debtors shall, on the reason able request of any such insolvent as aforesaid, a,'d''gi've copi'eT'''"^' or of any creditor or creditors of such insolvent, or his or their attorney, produce and shew to such insolvent, creditor or creditors, and his, her, or their attorney, at such times as such Courts resjjectively shall direct, every petition, schedule, order of adjudication, and all other orders and proceedings made and had relating to such insolvent, and all books, papers, and writings filed in such matter, and permit him, her, or them to inspect and examine the same, and shall provide for any such insolvent, or creditor or creditors, or his, her, or their attorney requiring the same, a copy or copies of such petition and other proceedings, or of such part thereof as shall be required, receiving such fee as such Court shall appoint for so providing the same ; and that a copy of such petition, schedule, order, and other orders and proceedings, pur- porting to be signed by the officer in whose custody the same shall be, or his deputy, certifying the same to be a true copy of such petition, schedule, order, or other proceeding, and sealed with tlie seal of the said Courts respectively, shall at all times be admitted in all Courts what- ever, and before Commissioners of Bankrupt and Justices of the Peace, as sufficient evidence of the same, without any proof whatever given of the same, further than that the sameissealul with tlie seal of sucli Courts respectively as aforesaid. LXXIX. And be it further enacted, that no conveyance, assignment, letter of attorney, Proceedings not liiible affidavit, certificate, or other proceeding, instrument, or writing whatsoever, before or under to»'i""l"''"y. ^^■• any order of any of such Courts for llelief of Insolvent Debtors, nor any eoj)y thereof, nc.r any advertisement inserted in any newspaper by direction of any such Court, relating to mat- ters witliiii the jinisdiction of such Court, shall be liable to or chargeable or cliarged with the payment of any stamp or oilier duly wliatsoever, and that no sale of any real or personal estate of any such insolvent as aforesaid, for the Ijenefit of his, or her creditors under this Act, sliall be liable to any auction duty. LXXX. And be it further enacted, that his Majesty's Supreme Courts of Judicature at Courts may muko Calcutta, Madras, and Bombay nspeclively, shall resptctively liave jjower to make all neces- ,''|',','.''''r,.i[ef hcreby""'"- sary and reasonable rides for facilitating and carrying into efl'ect witliin their respective juris- tended, dictions the relief intended to be given by this Act in cases for which sullicient provision has not been thereby made. 2 It 2 308 [9 Geo. IV. Cap. 74. Coiitimmiice of Act. LXXXI. And be it further enacted, that this Act shall continue in force until the first day of March one thousand eight hundred and tliirty-three. (1) (1) [The operation of the Act has been continued by others, for which see the note immediately following the title.] 9 GEORGII IV. Cap. LXXIV. An Act /or iinprovi/ig the Administration of Criminal Justice in the East- Indies: [25 July, 1828.] Whereas many wholesome alterations have lately been made in tlie criminal law of Eng- land, and the administration thereof, by authority of Parliament : and it is expedient that some of the said alterations should be extended to the British territories under the Govern- ment of tlie United Company of IMerchants of England trading to tlie East-Indies ; be it therefore enacted by the King's most Excellent Majesty, by and with the consent of the Lords spiritual and temporal, .and Commons, in this present Parliament assembled, and by the au- thority of tlie same, that this Act sliall conmience and take eifect on and from the first day of From the 1st March, March, one thousand eight hundred and twenty-nine, and shall extend to all persons and all effect th'roiigiimu'the Peaces, as well on land as on the higli seas, over wiiom or which tlie crimin.al jurisdiction of jurisdiction of the any of his Majesty's Courts of .Justice erected or to be erected within the Britisli territories EasClndi!".'" '" """ ""der the government of tlie United Company of jMerchants of England trading to the East- Indies does or shall hereafter extend. Wiij may be admit- 11- And be it enacted, that where any person shall be taken on a charge of felony or sus- ted to bail on a charge ■.y^^.\Q^^ of felony before one or more iustice or justices of the peace, and the charoe shall be of telony, and who i •' •> , n ii-i -o , ■ i may not. supportetl by pcsitive and credible evidence ot the fact, or by such evidence as if not explained or contradicted, shall in the opinion of the justice or justices raise a strong presumption of the cpuilt of the person charged, such person shall be committed to prison by such justice or justices in the manner herein-after mentioned ; but if there shall be only one justice present, and the whole evidence given before him shall be such as neither to raise a strong presumption of guilt, nor to warrant the dismis.sal of the charge, such justice shall order the person charged to be detained in custody until he or she shall be taken before two justices at the least ; and wiiere any person so taken, or any person in the first instance taken before two justices of the peace, shall be charged witli felony or on suspicion of felony, and the evidence given in sup- port of the cliarge, shall in their opinion not be such as to raise a strong presumption of the guilt of the person charged, and to require his or lier committal, or such evidence shall be adduced on behalf of the person charged as shall in their opinion weaken the presumption of his or her guilt, but there shall notwithstanding appear to them, in either of such cases, to be sufficient ground for judicial inquiry into his or her guilt, the person charged shall be admit- ted to bail by such two justices in the manner herein-after mentioned: provided always, tliat nothing herein contained sluill be construed to require any such justice or justices to hear evi- dence on behalf of any person so charged as aforesaid, unless it shall appear to him or them to be meet and conducive to the ends of justice to Iiear the same : provided also, that in all 9 Geo. IV. Cap. 74.] 309 cases where any person or persons charged as aforesaid, sliall be hrouglit before one justice, at any place beyond tiie local limits of the jurisdiction of any of his Majesty's Courts of Jus- tice erected or to be erected within the Britisli territories, under the Government of the said United Company, it shall be lawful for such justice alone either to commit such person to prison, or to admit him to bail as herein-before directed. III. And be it enacted, that the justice or justices of the peace, before lie or they shall Before any person admit to bail or commit to prison any person arrested for felony or on suspicion of felony, ^Ijf'^siiaii ^te'i)ailcd"or shall take the examination of such person, and the information upon oath of those who shall committeil, tlio Jus- know tlie facts and circumstances of the case, and shall put the same or as much thereof as j^j writiiV' tlie exami. shall be material into writing, and the two justices shall certify such bailment in writing; and nation, ike. and bind ,..,,,, , . 1-11 • 11 I I witnesses to appear at every such justice shall have authority to hind by recognizance all such jicrsons as know or ^i^^, ,rji,i. declare anything material touching any such felony or susjncion of felony, to appear at the next Court of Oyer and Terminer or Gaol Delivery, or superior Criminal Court or Sessions of the Peace, at which the trial thereof is intended to be, then and there to prosecute or give evidence against the party accused ; and such justices and justice respectively shall subscribe all such examinations, informations, bailments, and recognizances, and deliverer cause the Examinations, &c. to same to be delivered to the proper officer of the Court in which the trial is to be, before or at court. the opening of the Court. IV. And be it enacted, that every justice of the peace before whom any person shall be Duty of Justices on taken on a charge of misdemeanor or suspicion thereof, shall take the examination of the ^^j. *' person charged, and the information upon oath of those who shall know the facts and circum- stances of the case, and shall put the same, or as much thereof as shall be material, into writ- ing, before he shall commit to prison or require bail from the person so charged ; and in every case of bailment shall certify the bailment in writing, and shall have authority to bind all per- sons by recognizance to appear to prosecute or give evidence against the party accused, in like manner as in cases of felony ; and shall subscribe all examinations, informations, bailments. and recognizances, and deliver or cause the same to be delivered to the proper officer of the Court in which the trial is to be, before or at tliL' opening of the CoiU't, in like maiiiier as in cases of felony. V. And be it enacted, that every coroner, upon any in(jiiisition before him taken, whereby Duty of coroner. any person shall be indicted for manslaughter or murder, or as an accessary to murder befoi'e the fact, shall put in writing the evidence given to the jury before him, or as much thereof as shall be material, and shall have authoiity to bind by recognizance all such pei-sons as know or declare anything material touching the said manslaughter or inurtler, or the said offence of being accessory to murder, to ap])ear at the next Coiut of Oyer and 'i'erminer, or Gaol Delivery, or superior Criminal Coiut or Sessions, at whieli tlie trial is to be, tlun and there to prosecute or give evidence against tlir party cjiarged; and ivrry such coroiur sli.ill certify and subscribe the same evidence, and all such recognizances, and also the iiKpiisilion before him taken, and shall deliver the same to the ))roper officer of the Court in wliicli the trial is to be, before or at the opening of the Court. VI. And be it enacted, that if any justice or coroner siiall ofl'eiid in any thin;^ contrary to IVmiliy on justices »i 1 ■ . i 1 r «i • • .1 /' . ■ 1 .1' ' 1 "• nnd coroners. the true intent and meaning ot these ])rovi^ioiis, tlie ( ourt to w liosi^ odiciT any sikIi examina- tion, information, evidence, bailment, recognizance, or in(|uisition ought to li.nr been 310 [9 Geo. IV. Cap. 74. delivered, shall upon examination and proof of the offence in a summary manner, set such fine upon every such justice or coroner as the Court shall think meet. Accessory before the fact may be tried as such, or as a substan- tive felon, by any Court which has juris- diction to try the prin- cipal felon, although tlie offence be commit- ted on the seas or abroad. If the offence be committed in different places, accessory may be tried in any of the King's Courts in In- dia having jurisdiction. VII. And for the more effectual prosecution of accessories before the fact to felony, be it enacted, that if any jierson shall counsel, procure, or connnand any other person to commit any felony, whether tlie same be a felony at common law or by virtue of any statute or statutes made or to be made, the person so counselling, procuring, or commanding shall be deemed guilty of felony, and may be indicted and convicted either as an accessory befoi-e the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted of a substantive felony, whether the princi- pal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice, and may be punislied in the same manner as any accessory before the fact to the same felony if convicted as an accessory, may be punished ; and the offence of tiie person so counselling, procuring, or connnanding, howsoever indicted, may be inquired of, tried, deter- mined, and punished by any Court which shall have jurisdiction to try the principal felon, in the same manner as if such offence had been committed at the same place as the principal felony, altliough such offence may have been committed either on the high seas, or at any place on land, whether within his jVIajesty's dominions or without ; and that in case the principal felony, and the offence of counselling, procuring, or commanding, shall have been committed in different places, tlie last-mentioned offence may be inquired of, tried, determined and punished in any of his Majesty's Courts of Justice within the British territories under the government of the said United Companv, having jurisdiction to try either of the said offences ; provided alw ays, that no person who shall be once duly tried for any such offence, whether as an accessory before the fact or as for a substantive felony, shall be liable to be aeain indicted or tried for the same offence. Accessory after the fact may be tried by any Court which has jurisdiction to try the principal felon. If the offence be committed in different places, accessory may be tried in any Court having jurisdiction. VIII. And be it enacted, that if any person shall become an accessory after the fact to any felony, whether the same be a felony at common law, or by virtue of any statute or statutes made or to be made, the offence of such person may be inquired of, tried, determined, and punished by any Court which shall have jurisdiction to try the principal felon, in the same manner as if the act by reason whereof such person sliall have become an accessory had been committed at tlie same place as the principal felony, altliough such act 'may have been committed either on the high seas or at any place on land, whether within his Majesty's dominions or without ; and that in case the principal felony, and the act by reason whereof any person shall have become accessory, shall have been committed in different places, the offence of such accessory may be inquired of, tried, determined, and punished in any of his Majesty's Courts of Justice within the British territories under the government of the said United Company, having jurisdiction to try either of the said offences : provided always, that no person who shall be once duly tried for any offence of being an accessory shall be liable to be asrain indicted or tried for the same offence. Accessory may be IX. And be it enacted, that if any principal offender shall be in anywise convicted of any prosecuted after con- f ] jj g]^j,ll be lawful to proceed against any accessory, either before or after the fact, in viction of the pruici- '^' ' J» l » J . i , <• • i j- l pal, though the princi- the same manner as if such principal felon had been attainted thereof, notwithstanding such pal be not attamted. pj.j,.,(.;pal felon shall die or be pardoned, or otherwise delivered before attainder ; and every such accessory shall suffer the same punishment, if he or she be in anywise convicted, as he should have suffered if the principal bad been attainted. 9 Geo. IV. Cap. 74.] 311 X. And be it enacted, that in any indictment or information for any felony or misdemeanor In indictments for wherein it shall bo requisite to state the ownership of anv property whatsoever, whether real "5'""''"'^'^ committed on ' , . , . „ '1"^ property of parl- or personal, wiiich shall belong to or be ni the possession of more than one person, whether ners, it may be laid In such persons be partners in trade, joint tenants, parceners, or tenants in common, it shall be name^'lmd'others ^^ sufficient to name one of such persons, and to state such property to belong- to the person so named, and anotiier or others, as the case may be ; and whenever in any indictment or infor- mation for any felony or misdemeanor it shall be necessary to mention, for any purpose whatsoever, any jjartners, joint-tenants, parceners, or tenants in common, it shall be sufficient to describe them in the manner aforesaid ; and this provision shall be construed to extend to all joint-stock companies and trustees. XI. And be it enacted, that no indictment or information shall be abated by reason of any Indictment not to dilatory plea of misnomer, or of want of addition, or of wrong- addition of the iMrtv oft'erinsr "'"'"'■ '''' ''''""""y P'™ . . -t .^ ^ ol misnomer, such plea, if the Court shall be satisfied by affidavit or otiierwiso of the truth of such plea, but in such case the Court shall forthwitii cause the indictment or information to be amended according to the truth, and shall call upon such party to plead thereto, and shall proceed as if no such dilatory plea had been pleaded. XII. And be it enacted, that no judgment upon any indictment or informaticm for any \viiat defects shall felony or misdemeanor, whether after verdict or outlawry, or by confession, default, or other- "°' '"""•'-' "" '"d'<"t- , „ , , _ „ , V ment after verdict or Wise, sliall be stayed or reversed for want ot the averment ot any matter unnecessary to be otlarwise. proved, nor for tiie omission of the words " as appears by the record," or of the words " with force and arms," or of the words " against the peace ;" nor for the insertion of the words " against the form of the statute" instead of the words " against the form of the statutes," or vice versa ; nor for that any jierson or persons mentioned in the indictment or information is or are designated by the name of office or other descriptive appellation instead of his, her, or their ])roper name or names ; nor for omitting to state the time at which theofli nee was committed, in any case wiiere time is not of the essence of the offence, nor for stating the time imperl'ectly, nor for stating the offence to have been committed on a day subsequent to the finding of the indictment or exhibiting the information, or on an impossil)le day, or on a day that never happened ; nor for want of a proper or jierfect venue, where the Court shall appear by the indictment or information to have had jurisdiction over the offence. XIII. x\nd be it enacted, that no judgment after verdict, upon any iniHctment or infor- wu^t slwll not be mation for any felony or misdemeanor, shall be stayed or reversed for want of a similiter, nor sufficient to stay or re- 1 .1 .. ..1 "• 11 11 m . ... . verse judgment after by reason that the jury j)rocess lias been awarded to a wrong officer, or upon an insufficient the verdict. suggestion, nor for any misnomer or misdescrijition of the officer returning such jirocess, or of any of the jurors, nor because any person has served upon the jmy who has not been returned as a juror by the sheriff" or otiier officer ; and that where the offence charged has been created by any statute, or subjected to a greater degree of jnuiishment, the indictment or information shall, after verdict, be held sufficient to warrant the puni.shment prescribed by tlie statute, if it describe the offence in the words of the statute. XIV. And be it enacted, that if any person, being arraigned upon anv indictment or ,\ plea of not guilty inquisition for treason, felony, or piracy, shall plead thereto a plea of not ffuilty, he shall by ''"'!'. I"" ,",'* I'"*"'"'" , , . , /-IP, p ." - on Ins trial by jury, sucli plea, without any further form, be deemed to have put himself upon the coimtry for trial, and the (Jourt siiall in the usual manner order a jiu-y lor the trial of such person accordingly. 312 [9 Geo. IV. Cap. 74. If he refuse to plead, XV. And be it enacted, that if any person, being arraigned upon or charged with any Court may order a plea imlictment, inquisition, or information for treason, felony, piracy, or misdemeanor, shall stand terrd.' ^"'"^ '" ^ ^"' mute, or will not answer directly to such indictment, inquisition, or information, in every such case it shall be lawful for the Court, if it shall so think fit, to order the proiM-r officer to enter a plea of not guilty on behalf of such person, and the plea so entered shall have the same force and effect as if such person had actually ])leaded the same. Every challenge be- XVI. And be it enacted, that if any person arraigned upon any indictment or inquisition yond the legal number f^^ treason, felony, or piracy shall challenge peremptorily a greater number, of the men returned to be of the jury than such person is entitled by law so to challenge in any of the said cases, every peremptory challenge beyond the number allowed by law in any of the said cases shall be entirely void, and the trial of such person shall proceed as if no such challenge had been made. Attainder of another XVII. And be it enacted, that no plea setting forth any attainder shall be pleaded in crime not pleadable. ^^^^ ^f ^^^. [^^^\\^.^m^.nU unless the offence stated in the plea be substantially the same offence as that charged in the indictment. » Jury not to inquire of XVIII. And be it enacted, that where any person shall be arraigned ujwn any indictment prisoners lands, &e. ^^^. i„q„isitJon for treason or felony, the jury empannelled to try such person sliall not be charged to inquire concerning his lands, tenements, or goods, nor whether he fled for such treason or felony. Benefit of clergy XIX. And be it enacted, that benefit of clergy witli respect to persons convicted of felony abolished. ^\^a\\ [jg abolished. What felonies only XX. And be it enacted, that no person convicted of felony shall suffer death, unless it be shall be capital. fy,, gome felony which was excluded from the benefit of clergy before the day herein-before mentioned for this Act taking effect, or which shall be made punishable with death by this Act or by some statute to be passed hereafter. Felonies not capital XXI. And be it enacted, that every person convicted of any felony not punishable with to be punished under death shall be punished in the manner prescribed by the statute or statutes specially relating ing thereto, otherwise to such felony ; and tliat every person convicted of any felony for which no punisliment hath under this Act. jj^gj^ ^j. l^ereafter may be specially provided, sliall be deemed to be punishable under this Act, and shall be liable, at tiie discretion of the Court, to be transported to such place as such Court sliall direct, for any term not exceeding seven years, or to be imprisoned for any term not exceeding two years, and if a male to be once, twice, or thrice pubhcly or privately- whipped (if the Court shall so think fit) in addition to such imprisonment. The Court may order XXII. And be it enacted, that where any person shall be convicted of any offence hard labour or solitary punishable under this Act, for wliich imprisonment may be awarded, it shall be lawful for the the sentence of impri- Court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, sonment. j,j {]^p common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprison- ment with liard labour, a* to the Court in its discretion shall seem meet. 9 Geo. IV. Cap. 74.] 313 XXIII. And be it enacted, tliat wlierever sentence sliall be passed for felony on a person If a iktsou under already imprisoned under sentence for anotlier crime, it shall be lawful for the Court to *'^.""^"™ f""" .ano'her -'I crime is convicted of award imprisonment for tiie subsecjuent offence, to commence at the exj)iration of the fi-iony, tin- Court may imprisonment to which sucli person shall have been previously sentenced ; and wiiere sucli lo^omim"'".- iif'ter'the person shall be already under sentence either of imprisonment or transportation, the Court, fxpirationof the first, if empowered to pass sentence of transportation, may award such sentence for tlie subserpient offence, to commence at the expiration of the imprisonment or transportation to wliicli such jjerson shall have been previously sentenced, altiiough tlie aggregate term of imprisonment or transportation respectively may exceed the term for which eitiier of those pimithments could be otherwise'awarded. XXIV. And be it enacted, that if any person shall be convicted of any felony not punisli- Pimisliment for a able with death, conmiitted after a previous conviction for felony, such person shall on such subsequent felony, subsequent conviction be liable, at the discretion of tlie Court, to be transported to such place as such Court shall direct, for life, or for any term not less than seven years, or to be imjjrisoned for any term not exceeding four years, and if a male to be once, twice, or thrice publicly or privately whipped, (if the Court shall so tiiink fit,) in addition to such imprison- ment ; and in an indictment for any such felony committed after a previous conviction for Form of indictment felony, it sliall be sufllcicnt to state that the offender v.as at a certain time and place convicted [j^j^ ^"'*-' ''ii''st'Ii:iII, insiiad ot taking an oath m ^^^ ,^^, „,i„,|((,,,| j,, ^u the usual form, be permitted to make his or lier solemn adinuation or declaration in the words caaes. following; tliat is to say, " I, J. li., do soleiiinlv, sineirelv, and truly declare and ;illinii ;" and that every native of any country within the limits of the Charter of the said United 2s2 31 G [9 Geo. IV. Cap. 74. Company, who may be ivqiiired to give evidence in any case whatsoever, criminal or civil, and who shall oliject on the ground of any religious scruple to take an oath in the usual form, may, at the discretion of the Court, be permitted to make his or her solemn affirmation or declaration in such manner and form as the Court shall deem sufficiently binding upon his, or her conscience, wliich said affirmation or declaration shall be of the same force and effect in all Courts of justice and other places, where by law an oath is required, as if such Quaker, Moravian, or native had taken an oath in the usual form ; and if any person making such affirmation or declaration shall be convicted of having wilfully, faslely, and corruptly affirmed or declared any matter or thing which if the same had been sworn in the usual form ^^•ould have amounted to wilful and corrupt perjury, every such offender shall be subject to the same pains, penalties, and forfeitures to which persons convicted of wilful and corrupt perjury are subject. All persons to be XXXVII. And be it enacted, that all persons who by any laws are now reciuired to take sworn according to the .i ii tj i t' v ^ ■ i " pi /• ■ • forms of their respec- an oatli upon tlie Moly Ji,yangelists, or in any other manner, for the purpose ot sittmg or tive religions. acting as members of any Court, civil or criminal, or for any other purpose whatsoever, may instead thereof, be sworn according to the forms of their respective religions. Aideisand aliettors XXXVIII. And be it enacted, that in case of any felony punishable under this Act, meaiiors'^'a-'rinsT'Tlils ^^'^'T principal in the second degree, and every accessory before the fact, shall be punisiiable Act. with death, or otiicrwise, in the same manner as the principal in the first degree is by this Act jiunisliable ; and every accessory after the fact to any felony punisiiable under this Act, (except only a receiver of stolen property,) and an accessory after tlie fact to murder, shall, on conviction, be liable to be imprisoned for any term not exceeding two years; and every person who shall aid, abet, counsel, or procure tlie commission of any misdemeanor punishable under this Act, shall be liable to be indicted and punished as a principal offender. Aulers and abettors XXXIX. And be it enacted, that if any person shall aid, abet, coimsel, or procure the m otfenccs jjiinisliable . . „ „ i ■ i • i i • I • i i i • • • i on a summary convic- Commission ot any ottence winch is by this Act punisiiable on summary conviction, either tor "°"- every time of its commission, or for the first and second time only, or for the first time only, every such person shall, on conviction before a justice of the peace, be liable for every first, second, or subsequent offence of aiding, abetting, counselling, or procuring, to the same for- feiture and puiiishment to which a person guilty of a first, second, or subsequent offence as a principal offender is by this Act made liable. A person niny be XL. And be it enacted, that any person foiuid committing any offence punishable either act of conunit't'i'n" an upo" indictment or upon summary conviction by virtue of this Act, may be immediately "fence. apprehended without a warrant by any peace-officer, or by tiie party aggrieved, or by his servant, or any person autliorized by him, and fortliwitli taken before some neighbouring A Ju-iice, npon justice of the peace, to be dealt with according to law; and if any credible witness shall pidon^'^niav^^Lr'^a P''"^'*-' "P"" °'^^'^ before a justice of the peace a reasonable cause to suspect that any person search warrant. has in his possession or on his premises any property \vliatsoever, on or with respect to which any such offence shall have been committed, the justice may grant a warrant to searcli for A person to whom such property, as in the case of stolen goods, and any person to whom any property shall be°'stolen''&cr?s'of! ^^ o^^red to be sold, pawned, or delivered, if he shall liave reasonable cause to suspect tliat ferod, may feize the any such offence has been committed on or with respect to such property, is hereby autho- part) o. eiMi-. rjzed, and if in his power is required, to apprehend and forthwith to carry before a justice of shall l)e coniinenci'd witliin three months. GGko. IV. Cap. 74.] 317 the pcaeethe party offering the same, together with such property, ti be dealt with according to law. XLI. And be it enacted, that the profecution for every offence punishable on summary Summary proceedings ctinviction under this Act shall be connnenced within three calendar months after the commis- sion of the offence, anil not otherwise ; and the evidence of the party aggrieved shall be admitted in proof of the offence. XI>II. And be it enacted, that where any person shall be charged on tiie oath of a credible Mode of compelling . „ . • c 1 •' 1 1 /!■ ii T I- ii tlie iippcanince of per- witncss, before any justice of the peace, with any such ottence, the Justice may summon the ^q„^ ,,unisliablc on person chai-ged to appear at a time and place to be named in such summons, and if he siiall summary conviction, not appear accordingly, then, (upon proof of the due service of the summons ujxm such person, by delivering the same to him personallv, or by leaving the same at his usual place of abode,) the justice may either proceed to hear and determine the ca.se ex parte, or issue his warrant for apprehending sucli person, and liringing liim before himself or some other justice of the peace : or the justice before whom the charge shall be made, may, (if he shall so think fit) without any previous summons (unless where otherwise specially directed) issue such war- rant, and the Justice before whom the person charged shall appear or be brouglit shall proceed to hear and determine the case. XLIII. And be it enacted, that every sum of money wliicii shall be forfeited for the value Application of for- « , 1 r' i" .•■•1/11 ■. feiturt's and penuUies ot any j)roperty stolen or taken, or tor tlie amount oi any injury clone, (such value or amount q„ summary convic- to be assessed in such case by the convicting justice), shall be paid to the party aggrieved, if t'ons- known, except where sucli party shall have been examined in proof of the offence; or when the party aggrieved is unknown, such sum shall be ajiplied in the same manner as tiie penalty : provided always, that where several persons shall join in the commission of the same offence. Proviso. and shall, upon conviction thereof, each be adjudged to forfeit a sum ecpiivalent to the value of the projierty, or to the amount of the injury, in every such case no furtiier sum shall be pail! to the party aggrieved than that which shall be forfeited by one of such offenders only, and tiie corresponding sum or stuns forfeited by the other offender or offenders shall be a])plieil in tlie same maimer as any penalty imposed by a justice of the peace is lierein directed to be a|)plied XLIV. And be it enacted, that in every case of a summary conviction under this .Act, if a person summa- , . , I ,, 1 ,. P • 1 „ , ^ , " 1 c nly convicted shall not wliere tiie sum which shall he lorieited for the value of the property stolen or taken, or tor p„y, &,-. the .Mistice the amount of the injury done, or which shall be imposed as a penalty by the justice, shall "'"y t'"""""' '"'"• not be paid either immediately after the conviction, or within such period as the justice shall at the time of the conviction ajipoint, it shall be lawful for the convicting justice (unless where otherwise specially directed) to commit the offender to the common gaol or house of correction, there to be imprisoned only, or to be inijirisoneil and kept to hard labour, according to the discretion of the justice, for any term not exceedinsj two calendar months, where the ■'''■"''■ "^ imi""'**'"- amount of the sum forfeited, or of the penalty imposed, or of both, (as the case may be,) together with the costs, shall not exceed fifty sicca rupees, and for any term not exceeding four calendar months, where the ainntnil, uiili costs, shall not exceed one hundred sicca rupees, and for any term not exceeding six calendar months in any otiier case, the commit- ment to be determinable in each of the cases aforesaid upon payment of the amount, with costs, XLV. Provided always, and he it enacted, that wiure any nerson shall hesnmmarilv con- The Justice may dis- _ J ^ • ' , ■ charge the party Irom vieteil before a justice of the peaee of anv offence against this Ail, and it shall be a lii'st eon- iils conviction in cer- tain cases. 318 [9 Geo. IV. Cap. 74. viction, it shall be lawful for the justice, if he shall so think fit, to discharge the offender from his conviction, upon his nialcing such satisfaction to tlie party aggrieved, for damages and costs or either of them, as shall be ascertained by thejustice. A summary convic- XL VI. And be it enacted, that in case any person convicted of any offence punishable upon an" other '^^oceedin" nummary conviction by virtue of this Act shall have paid the sum adjudged to be paid, toge. for the same cause. ther with costs under such conviction, or siiall have suffered the imprisonment awarded for non-payment thereof, or the imprisonment adjudged in the first instance, or shall have been discharged from liis conviction in the manner aforesaid, in every such case he shall be released from all further or other proceedings for the same cause. Form of conviction. XLVII. And be it enacted, that the justice before whom any person shall be convicted of any offence against this Act may cause the conviction to be drawn up in the following form of words, or in any other form of words to the same effect, as the case sliall require ; videlicet : " Be it remembered, that on the day of in the year of " our Lord at [«s the case may 6e] A. O. is convicted " before me, I. P., one of his INIajesty's Justices of the Peace for for " that he the said A.O. did [specify the offence, and the time a?ul place zclien and where " the same was committed, as the case may be, and on a second conviction state the ^^ first conviction,'] and I, the said I. P., adjudge the said A.O. for the said offence to be " imprisoned in the [or to be imprisoned in the " and there kept to hard labour for tlie space of ; ] or, I adjudge the " said A.O. for his said offence to forfeit and pay [here " state the penalty actually imposed, or state the penalty, and also the value of the " articles stolen, or the amount of the injury, and as the case may he,^ and also to pay " the sum of for costs ; and in default of immediate payment of the " said sums, to be imprisoned in the [or to be imprisoned " in the and there kept to liard labour] for the space " of unless the said sums shall be sooner paid ; [or, and I order " that the said sums shall be paid by the said A.O. on or before the day of " ; ] and I direct tliat the said sum of [i.e. the " penalty only^ shall be paid to of " aforesaid, in which the said offence was committed, to be by him applied accordino- to " the directions of the statute in that case made and provided ; [or that the said sum of " [ie. the penalty, shall be paid to, ^-c. as before,] and that tlie said " sum of [i.e. the value of the articles stolen or the amount of the " injury done,] shdl be paid to CD. [the party aggrieved, unless he has been examined " in proof of the offence, in ivhich case state that fact, and dispose of the tvhole like the " penalty as before.] Given under my hand and seal, the day and year first above- " mentioned." Appeal. XLVIII. And be it enacted, that in all cases where the sum adjudged to be paid on any summary conviction shall exceed fifty sicca rupees, or the imprisonment adjudged shall exceed one calendar month, or the conviction shall take place before one Justice only, any person who shall think himself aggrieved^by any such conviction may appeal to the next Court of general or quarter sessions which shall be holden not less than twelve days after the day of such con- 9G£0. IV. Cap.74.] 319 viction, provided that sudi person sliall '^nc to tlie complainant a notice in writii)r- rrnuc in actions un- son for any thing done in pursuance of this Act shall be commenced within six calendar months '^" ' ■^'^'' after the fact committed, and not otherwise; and notice in writing of such cause of action Notice of action, shall be given to the defendant one calendar month at least before the commencement of the action ; and in any such action the defendant may plead the general issue, and give this Act General issue, &c. and the special matter in evidence at any trial to be had tliereupon ; and no plaintiff shall re- cover in any such action if tender or sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after sucli action brought, by or orr behalf of the defendant ; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or disc at Cileulla, Mow cIiIht of the Madras, and Hombay respectively, or any .hi.stice of the Teace in thr Hrilisli liirilorirs uinlri- i,p,','iy ""riainfmes!""'^ the govenniKiit of the saiil Cnitrd Coinpany, iikiv laufiillv dilVay tlu' lo^ls of ;mv prosecu- 320 [9 Geo. IV. Cap. 74. tion, or may make compensation to any prosecutor, otherwise than out of any fine levied in the same prosecution; be it enacted, that each of the said Supreme Courts may apply towards the reasonable costs of prosecuting offences, or of compensating prosecutors (whether the prose- cution be before the said Court or any Justices of the Peace), any part of the whole sum arising out of fines levied by or transmitted to the said Courts; provided ahvays, that no such allowance for cost or compensation shall be made, except upon motion in open Court; and that nothing herein contained shall prevent Justices of the Peace from making such allowances for costs or compensation to prosecutors as they might before have lawfully done. Petit treason to be LIII. And be It enacted, that every offence which before the commencement of this Act treated as muider. would have amounted to petit treason shall be deemed to be murder only, and no greater offence ; and all persons guilty in respect thereof, wiiether as principals or accessories, sliall be dealt with, indicted, tried, and punisiied as principals and accessories in murder. Punisliraeut of prill- LIV. And be it enacted, that every person convicted of murder, or of being an accessory cipal and accessory. ijgfore the fact to murder, shall suffer death as a felon ; and every accessory after the fact to murder shall be liable, at the discretion of the Court, to be transported to such place as the Court shall direct, for life or for any term of years, or to be imprisoned for any term not exceeding four years. Period of execution, LV. And be it enacted, that every person convicted of murder shall be executed according and marks of infamy. ^^ j^^^, ^^^ ^j^^ j^^, ^^^^^ ^^^ ^^^^ ^j^^^^. ^.j^^^, ^^ ^yhich the sentence shall be passed, unless the same sliall happen to be Sunday, and in that case on the Monday following ; and the body of Sentence to be pro- every niiuderer shall, after execution, either be dissected or hung in chains, as to the Court ."fte"convic'ti"r'^"'"^'^ ^'^'''^^ ^'^^''^ '"'^'='' ' ^^^^ sentence shall be pronounced immediately after the conviction of every murderer, unless the Court shall see reasonable cause for postponing the same; and such sentence shall express not only the usual judgment of death, but also the time hereby ap- pointed for the execution thereof, and that the body of the offender shall be dissected or Power to respite. hung in chains, if the Court shall think fit : provided always, that after such sentence shall have been pronounced, it shall be lawful for the Court or Judge to stay the execution thereof, if such Court or Judge shall so think fit. Provision for tbe LVI. And be it enacted, that where any person, being feloniously stricken, poisoned, or minsi°ui ilte'r"^ where otherwise hurt at anyplace whatsoever, either upon the land or at sea, within the limits of the tlie death, or tlie cause Charter of the said United Company, shall die of such stroke, poisoning, or hurt at any within tlie'limits'of the place without those limits, or being feloniously stricken, poisoned, or otherwise hurt at any East-India Company's place whatsoever, either upon land or at sea, shall die of such stroke, poisoning, or hurt at any place within the limits aforesaid, every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, or of being accessory before or after the fact to murder or manslaughter, may be dealt with, inquired of, tried, determined, and pimished by any of his IMajesty's Courts of Justice within the British terri- tories under the government of the said United Company, in the same manner in all re.'^pects as if such offence had been wholly committed within the jurisdiction of the Court within the jurisdiction of which such offender shall be apprehended or be in custody. Punishment of man- LVII. And be it enacted, that every person convicted of manslaughter .shall be liable, at slaughter. ^.j^^ discretion of the Court, to be transported to such place as the Court shall direct, for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, or to pay such fine as the Court shall award. 9 Geo. IV. Cap. 74.] 321 L^'III. Provided always, and be it enacted, that no punishment or forfeiture shall he Excusable and jus- incurred by any person who shall kill another by misfortune, or in his own defence, or in any manner without felony. LIX. And be it enacted, that if any iierson unlawfully and maliciously shall administer Attemptin);, by poi- ... ■ 1 11 , 'i ^ I 1 " ■ S'J" Of violciirc, to or attempt to adnnnister to any person, or sliall cause to be taken l)y any j)erson, any ]ioison murder. or other destrui'tive thing, or sliall unlawfully and maliciously attempt to drown, suffocate, or strani;le any person, or shall utdawfully and maliciously shoot at any jjerson, or shall, by drawing a trigger, or in any otiier manner, attempt to discharge any kind of loaded arms at any person, or t-liall unlawfully and maliciously stab, cut, or wound any person, with intent, in any of the cases aforesaid, to murder such person, every such offender shall be guilty of felony, and being convicted thereof, shall suffer death us a felon. (1) (1) [See Act of" Government of India, No. 31 of 1838, in Appen- dix.] L.X. And be it enacted, that if any person unlawfully and maliciously shall shoot at any siiootins at, or stab- person, or shall, by drawing a trigger or in any other manner, attempt to discharge any kind j',llj*'a'i"y'',"ei'°)ir°witli of loaded arms at any person, or shall unlawfully and maliciously stab, cut, or wound any intent to rob, maim, person, with intent, in any of the cases aforesaid, to maim, disfigure, or disable such j>erson, '' or to do some other grievous bodily harm to such person, or with intent to resist or prevent the lawful ajiprehension or detainer of the party so offending, or of any of his accomplices, for any offence for which he or they may respectively be liable by law to be apprehended or detained, every such offender siiall be guilty of felony, and Ijeing convicted thereof, shall suffer death as a felon: provided always, that in case it shall appear, on the trial of any Proviso, person indicted for any of tlie offences above s]iecified, that such acts of shooting, or of attempting to discharge loaded arms, or of stabbing, cutting, or wounding as aforesaid, were committed under such circumstances that if death had ensued therefrom the same would not in law have amounted to the crime of nuuxler, in every such case the person so indicted shall be acipiitted of felony. (1) (1) [See Act of Government of India, No. .31 of 18.38, in Ap- pendix.] LXI. And be it enacted, that if any person, witii intent to jiroeiue tiie miscarriage of AiljninUtering poi- any woman tlien being quick with child, unlawfully and maliciously shall adminster to her, t'rproarre'tVirircar' or cause to be taken by her, any |)oison or other noxious thing, or sliall use any iii>tniment i'"K'' of ""y woraun or other means wliats(X'ver witli the like intent, every such offender sliall bo guilty of filonv, and being convicted thereof, shall siiflVi- diatli as a felon ; and if an\ person, with intent to j)rocure the iniseaiiiage of any woman not bring or not lieing proved to be then ijuick witii I'sin^- menus with child, unlawfully and maliciously shall administer to her, or cause to be taken by her, any ^^^ 'where" "Jho medicine or other thing, or shall use any instrinnent or otin'r means whatever with the like woman is not quick intent, every such offender shall lie guilty of felony, and being convicted tiiereof, shall be liable, at the discretion of the Court, to be transported to such i)lace as the Coiut shall direct, lor any term not exceeding fourteen years nor less than seven years, or to be inijirisoned for any term not exceeding three years, and if a male to be once, twice, or tlirici' publicly 2t 322 [9 Geo. IV. Cap. 74. or privately whipped, (if tlie Court shall so think fit,) in addition to such imprison- ment. (1) (1) See Act of Government of India, No. 31 of 1838, in Appen- dix.] A woman concealing LXII. And be it enacted, that if any woman shall be delivered of a child, and shall, by the birth of her child. gg(.j.gt burying or otherwise disposing of the dead body of the said child, endeavour to conceal the birth thereof, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years; and it shall not be necessary to prove whether the child died before, at, or after its birth : provided always, that if any woman tried for the murder of her child shall be acquitted thereof, it shall be lawful for the jury by whose verdict she shall be acquitted to find, in case it shall so appear in evidence, that she was delivered of a child, and that she did, by secret burying or otherwise disposing of the dead body of such child, endeavour to conceal the birth thereof: and there- upon the Court may pass such sentence as if she had been convicted upon an indictment for the concealment of the birth. Sodomy. LXIII. And be it enacted, that every person convicted of the abominable crime of buggery committed either with mankind or with any animal, shall suffer death as a felon. Rape. LXIV. And be it enacted, that every person convicted of the crime of rape shall suffer death as a felon. Carnal knowledge of LXV. And be it enacted, that if any person shall unlawfully and carnally know and abuse ei^h't "nd abov "efht '"^-^ 8"""^ under the age of eight years, every such offender 'shall be guilty of felony, and being and under ten. convicted thereof, shall suffer death as a felon ; and if any person shall unlawfully and carnally know and abuse any girl being above tlie age of eight years and under the age of ten years, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned for such term as the Court shall award. What sufficient to LXVI. And whereas upon trials for the crimes of buggery and of rape, and of carnally constitute rape, &c. abusing girls under tlie respective ages herein-before mentioned, offenders frequently escape by reason of the diflSculty of the proof which has been required of the completion of these several crimes ; for remedy thereof be it enacted, that it shall not be necessary, in any of those cases, to prove the actual emission of seed in order to constitute a carnal knowledge, but that the carnal knowledge shall be deemed complete upon proof of penetration only. Forcible abduction LXVII. And be it enacted, that where any woman shall have any interest, whether legal of any woman on ac- enuitable, present or future, absolute, conditional, or contingent, in any real or personal count of htr fortune, "' ^^1 ■ ' r ' ' •■_ i • i • -c with intent to marry estate, or shall be an heiress presumptive or next of kin to any one having such interest, if any ^"' *"'• person shall, from motives of lucre, take away or detain such woman against her will, with intent to marry or defile her, or to cause her to be married or defiled by any other person, every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be transported to such place as the Court shall direct, either for hfe or for any term not less than seven years, or to be imprisoned for any term not exceeding four years. Unlawful .ii.ductioii LXVIII. And be it enacted, that if any person shall unlawfully take or cause to be taken teen'from'her'parems" any unmarried gill, being under the age of sixteen years, out of the possession and against &c. 9 Geo. IV. Cap. 74.] 323 the will of her father or mother, or of any other person having tlio lawful care or charge of her, every such offender shall he guilty of a misdemeanor, and heing convicted thereof, shall be liable to suffer such punishment, by fine or imprisonment, or by both, as the Court shall award. LXIX. And be it enacted, that if any person shall maliciouslv, either by force or fraud. Stealing a child un- lead or take away, or decoy or entice away, or detain, any cliild imder the age of ten years, years. * "''* •with intent to deprive the parent or parents, or any other person having the lawful care or charge of such child, of the possession of such child, or with intent to steal anv article upon or about the person of such child, to whomsoever such article may belong ; or if any person shall, witii any such intent as aforesaid, receive or harbour any sucli child knowing the same to have been by force or fraud led, taken, decoyed, enticed away, or detained as hercin-before mentioned ; every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be transported to sucli place as the Court shall direct for the term of seven years, or to be imprisoned for any term not exceeding two years, and if a male to be once, twice, or tlirice publicly or privately whipped (if the Court shall think fit), in addition to such imprison- ment : provided always, that no person who shall have claimed to be the father of an illcgiti- Kot to extend to mate child, or to have any right to the possession of such child, sliall be liable to be prose- f-'t'i^"'* taking their 11- 1 1. /. 1 ■ • . ,.,,.,, , . , illegitimate children, cuteu by vu'tue hereoi, on account ot his gettmg possession of such child, or taking such child out of the possession of the mother, or any other person having the lawful charge thereof. LXX. And be it enacted, that if any person professing the Christian religion, being ijigamy. married, shall marry any other pei-son during the life of the former husband or wife, whether tile second marriage shall have taken jilace in the East-Indies or elsewhere, every such offender sliall be guilty of felony, and being convicted thereof, shall be liable to be transported to such place as the Court shall direct for the term of seven years, or to be imprisoned for any term not exceeding two years ; and every such offence maybe ilealt with, iiKpiired of, Place of trial, trieii, determined, and punished by any of his Majesty's Courts of Justice witliin the British territories under the government of the said United Company, within tlie jurisdiction of wliiili tiic offender shall be apprehended or he in custody, as if the offence Iiad been actually committed within such jurisdiction: provided always, that nothing herein contained shall Exceptions, extend to any second marriage contracted out of his Majesty's dominions by any other than a subject of his Majesty, or to any jierson marrying a second time, whose husband or wife shall have been continually absent from sucli person for the space of seven years then last past, and sliall not have been known by such person to be living within that time, or shall extend to any person who at the time of such .second marriage shall have been divorced from tlie bond of the first marriage, or to any person wliose former marriage shall have been declared void by the sentence of any Court of competent jurisdiction. LXXI. And be it enacted, that if any master of a merchant vessel shall, during his being Master of « mcr- abroad, force any man on shore, or wilfully' leave liiiii behind in any of liis Maiesty's colonics chant vessel forcing a 11 1 11 !• 11 • 1 1 • ■ J •' sonmiin on shore, or or elsewliere, or sliall retiise to hrnig iionie with Mini ai^ani all such of the men whom he refusing to bring him carried out with him as arc in a condition (o return when he shall be ready to proceed on his '""'"^^• homeward-bound voyage, every such master shall be guilty of a misdenu.Mnor, and being lawfully convicted thereof, shall be ini]iris()ned for such term as the Court shall award ; and the said Court is hereby authorized to issue one or more commissions, if necessary, for the 324 [9Geo.1V. Cap. 74. examination of witnesses abroad ; and the depositions taken under the same shall be received in evidence on the trial of every such indictment or information. Counterfeiting any I.XXII. And be it enacted, tliat if any person shall falsely make, forge, counterfeit, or ' ''■ alter, or shall utter or publish as true, or sell, offer, or dispose of, or put away, knowing the same to be false, forged, counterfeited, or altered, any deed, or any written instrument for the conveyance or transfer of any property or interest in any land, house, or goods, or any share or interest in any public stock or fund established by authority of Parliament or of tlie said United Companv, or of any foreign state, or in any stock or fund of any body corporate, company, or society, or for securing the payment of money, or any will, testament, bond, writing obligatory, bill of exchange, promissory note for payment of money, or any indorsement or assignment of any bill of exchange or promissory note for the payment of money, or any acceptance of any bill of exchange, or any acquittance or receipt for money, or any goods or valuable thing, or any accountable receipt of any note, bill, or other security for payment of money, or any warrant or order for payment of money, or delivery or transfer of any goods or valuable thing, or any decree, order, record, certificate, minute, affidavit, deposition, or other writing which shall be, or purport to have been enrolled, drawn up, filed, entered, issued, or delivered by any Court or magistrate in any proceeding, criminal or civil, with intention to defraud any person whatsoever, or any corporation, every such offeni'.er shall be guilty of felony, and being thereof convicted, shall be liable, at the discretion of the Court, to be transported to such place as the Court sliall direct, for life, or any term of years, or to be imprisoned for any term not exceeding four years, and if a male to be once, twice, or tinice publicly or privately whipped (if the Court shall so think fit) in adiiition to such im- prisonment. Counterfeiting cur- LXXIII. And be it enacted, tliat if any person shall counterfeit any gold or siver coin rent com. ^^ .^^^^ ^^ ^j^^ territories under the governments of the saiil United Company in the East- Indies, or any gold or silver coin usually current and received as money in payment in any pai-t of the British territories under the government of the said United Company, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be transported to such place as the Court shall direct, for life, or any term of years, or to be imprisoned for any term not exceeding four years, and if a male to be once, twice, or thrice publicly or privately whipped (if tlie Court shall so think fit) in addition to such imprisonment coin. Uttering counterfeit LXXIV. And be it enacted, that if any person shall utter or tender in payment, or sell or give in exchange, or pay or put off to any person, any such false or counterfeited coin as aforesaid, knowing the same to be so false or counterfeited, every such offender, being thereof 1st offence, convicted, shall be adjudged by the Court to suffer six montiis'' imprisonment, and find sure- ties for his good beliaviour for six months more, to be computed from the end of the said first 2d offence. six months; and if the same person sliall afterwanls be convicted a second time of the like oflence of uttering or tendering in payment, or selling, or giving in exchange, or paying or putting off, any such false or counterfeit coin as aforesaid, knowing tlie same to be false or counterfeit, such person shall for such second offence suffer two years' imprisonment, and find sureties for his or iier good behavioiu- for two years more, to be computed from the end of 3d offence. the said first two years ; and if the same person shall afterwards offend a third time, in uttering or tendering in payment, or selling, or giving in excliange, or paying or putting off, any sucli false or counterfeit coin as aforesaid, knowing the same to be false or counterfeit, and 9G£O.IV. Cap. 74.] 325 shall be convicted of such third offence, he shall be sentenced to transportation for life to such place beyond the seas as tlie Court shall ilirect. LXXV. And be it enacted, that if any person sliall have in his custody, without lawful Having in possession excuse, the proof whereof siiould lie on the party accused, any "greater number of pieces than "1°"^'' ''"'" ?*''" P'*<;<^s ^ ^ _ . . „ . , . ' "' counterfeit coin, five pieces of such false or counterfeit com as aforesaid, every such person, being thereof con- without lawful excuse, victed upon the oath of one or more credible witness or witnesses before one of his IVIajestv's th're'e'm'onth's'' frnpri"^ justices of the peace, or if there shall be no justice of the peace duly qualified to act in the sonmem. place where such offence shall be committed, before one of the judges of his Majesty's Court there, shall forfeit and lose all such false and counterfeit coin, which shall be cut in pieces and destroyed by order of such justice or judge, and sliall for every offence forfeit and pay any sum of money not exceeding in value forty sicca rupees, or less than twenty sicca rupees, in the currency of the place in which sucii offence shall be committed, for every such piece of false or counterfeit coin which shall be found in the custody of such person, one moiety to the informer or informers, and the other moiety to the poor of the presidencv, settlement, or place in which such offence shall be committed ; and in case any such penalty shall not be forthwith paid, it sliall be lawful for such justice or judge to commit the person or persons who shall be adjudged to pay the same to the common jail or house of correction, there to be kept to hard labour for the space of three calendar months, or until sucli penalty shall be paid. Ill connection with sections 73, 74, and 75, see Act of the Govern- ment of" India, No. 31 of 183P, in A])|)endix. IjXXVI. And lie it enacted, that if any person sliall counterfeit, erase, alter, or falsify Counterfeiting licences any licence authorizing any ship or vessel to proceed to any phuv in the East-Indies or parts •"" "■■■tificates, or nt- ... 1- •,. 1 • tested copies thereof, atoresaid, or any licence or certificate aiitlionzmg any person to go to or reside at any such punishal.le with fine place, or any attested copy of any such licence or certificate, or sliall utter or publish as true "'"' "op""!**"""*"'- any such counterfeited, erased, altered, or falsified licence, certificate, or attested co))v, knowing the same to be counterfeited, erased, altered, or falsified, every such olll'iider, being convicted thereof, shall suffer such ini})risonnieiit not exceeding one year, ami shall jiay such fine not exceeding in value one thousand sicca rupees in the currency of tiu' j)laee in wliicii such offence shall be committed, as the Court shall direct. (1) (1) [This section must be understood in connection with 3 cv 4 ^^''nl. 4, cap. b5, sees. 81 to 84.] LXXVII. And be it enacted, that the distinction between granil lareeiiv :mu1 ])etty larceny Distinction between .shall be abolished ; and everv larceny, whatever be the value of the proiierty stolen, shall be Krnnil aiwl petty Inr- 1 1 1 I- 1 ' i" 1 11 1 1 ■ . I , ceny abolished, deemed to be of tiic .same nature, and shall be suhject to tlie same incidents, in all res))ects, as grand larceny was before the day of this Act taking effect. LXXVIII. And be it enacted, tiuit every per.son convicted of simjile larieny, or of any rllni^llmtlll.s for sim- feloiiy hereby made punishable like siinpU' larci'iiy, shall, except in the cases hertin-after I'l' '"■'""y- otherwise provided for, 1h' liable, at the discretion of the Court, to be transportid to siu h jilace as tile (.'oiirt shall direct, for any term not I'xceeding seven years, or to be iiii|)risoned for any term not exceeding two years, and if a male to be once, twice, or tlirice publielv or privately whipped, if the Court shall so think lit, in addition to sneli ilnpl■i^(lnllu iil . 326 [9 Geo. IV. Cap. 74. Stealing public or LXXIX. And be it enacted, that if any person shall steal any security whatsoever, enti- private securities for ^y^^^^ ^^. evidencing the title of any person or body corporate to any share or interest in any "oods/shall be felony, public stock or fund, whether established by authority of Parliament or of the said United and punishable like QQ,j,pjjny, or of any foreign state, or in any stock or fund of any body corporate, company, son or society, or to any deposit in any savings' bank, or shall steal any debenture, deed, bond, bill, note, warrant, order, or other security wliatsoever for money or for payment of money, whether of the territories under the government of the said United Company, or of any other of his Majesty's dominions, or of any foreign country or state, or shall steal any warrant or order for the delivery or transfer of any goods or valuable thing, every such offender shall be deemed guilty of felony of the same nature and in the same degree, and punishable in the same manner as if he had stolen any chattel of like value with the share, interest, or deposit to which the security so stolen may relate, or with the money due on the security so stolen or securetl thereby and remaining unsatisfied, or with the value of the goods or other valuable Rule of iutcrpreta- thing mentioned in the warrant or order ; and each of the several documents herein-before 'io"- enumerated shall, throughout this Act, be deemed for every purpose to be included under and denoted by the words " valuable security." Robbery from the LXXX. And be it enacted, that if any person shall rob any other person of any chattel, P^"°"' money, or valuable securitv, every such offender, being convicted thereof, shall suffer death stealing from the per- as a felon ; and if any person shall steal any such property from the person of another, or shall assault any other person with intent to rob him, or shall with menaces or by force demand any such property of any otlier person with intent to steal the same, every such assaults with intent to offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion comprnledTi't'lf 'mel "f tlie Court, to be transported to such place as the Court shall direct, for life, or for any term naces or force. of years, or to be imprisoned for any term not exceeding four years, and if a male to be once, twice, or thrice publicly or privately whipped, if the Court shall so think fit, in addition to such imprisonment. (1) (1) [See Act of Government of India, No. 31 of 1838, in Appendix.] Obtaining money, &c. LXXXI. And be it declared and enacted, that if any person shall accuse or threaten to by threatening to ac- £,^.(.^52 a^,„, other person of anv infamous crime, as herein-after defined, with a view or intent cuse a party of an in- .' r .' • 1 • , 1 famous crime. to extort or gain from him, and shall, by intimidating Inm by such accusation or threat, extort or gain from him any chattel, money, or valuable .security, every such offender shall be deemed guilty of robbery, and shall be indicted and punished accordingly. (1) (1) [See Act of Government of India, No. 31 of 1838, in Appendix.] Sending letters threat- LXXXII. And be it enacted, that if any person shall knowingly send or deliver any ennigto accuse a party ]etter or writhie, demandin": of any person, with menaces, or without any reasonable or proba- of an infamous crime " e j i ' ' j for the purpose of ex- ble cause, any chattel, money, or valuable security ; or if any person shall accuse or threaten torting money, &c. ^^ accuse, or shall knowingly send or deliver any letter or writing accusing or threatening to accuse, any person of any crime punishable by law with death, transportation, or pillory, oi- of any assault with intent to commit any rajie, or of any attempt or endeavour to commit any rape, or of any infamous crime, as herein-after defined, with a view or intent to extort or gain from such person any chattel, money, or valuable security, every such offender shall be guilty of felony, and l)eing convicted thereof, shall be liable, at the discretion of the Court, to be transported to such place as the Court shall direct, for life, or for any term of years, 9Geo. IV. Cap. 74.] 327 or to be imprisoned for aiiv torni not exceeding four years, and if a male to be once, twice, or tbricv publicly or privately whipped, if the Court shall so think fit, in adilition to such im- prisonment. LXXXIII. And be it enacted, that the abominable crime of buggery, committed cither What shall be deem- with mankind or witii any animal, and every assault with intent to commit the said abominable *'' "" '"fi'nious crime, crime, and every attempt or endeavour to commit the said abominable crime, and every solici- tation, persuasion, promise, or threat offered or made to any person, whereby to move or in- duce such person to commit or permit the said abominable crime, shall be deemed to be an in- famous crime within the meaning of this Act. & LXXXIV. And be it enacted, that every person convicted of burglary shall suffer deatli Burglary, capital, as a felon ; and it is hereby declared, that if any person shall enter the dwelling-house of another with intent to conunit felony, or being in such dwelling-house shall connnit any felony, and shall in either case break out of the said dwelling-house in the night-time, such person shall be deemed guilty of burglary. (1) (1) [See Act of Government of" India, No. 31 of 1838, in Appendix.] LXXXV. And be it enacted, that if any person shall break and enter any dwelling-house, House-breaking and and steal therein any chattel, money, or valuable security, to any value whatever, or shall steal s'f^''"g .'"a house, 1 11 • 1 11- 1 , . , . when capital. any such property to any value wliatever in any dwelling-house, any person therein being put in fear, or shall steal in any dwelling-house any chattel, money, or valuable security, to the value in the whole of fifty sicca rupees or more, every such offender being convicted thereof, shall suffer death as a felon. (1) (1) [See Act of Government of India, No. 31 of 1838, in Appendix.] LXXXVI. Provided always, and be it enacted, that no building, although within the AVlmt buildings only .same ciu-tilage with the dwelling-house, and occupied therewith, shall be ileeined to be part of '"''■.P'""' of " l>o"sc for such dwelling-house for the purpose of burglary, or for any of the purposes aforesaid, unless there shall be a communication between sucli building and dwelling-house, either innnediate or by means of a covered and inclosed passage leading from one to the other. LXXX\'II. And belt enacted, that if any person shall break and enter any bm'lding, and Robbery in any Imild- .steal therein any chattel, money, or valuable security, such buildinn- bein"- witliin the cin-ti- '"^ . within the same 1 /. 1 11- 1 1-11 . 1 , 1 • ' I ,. ,. , curtilage us the house, lage of a dweliing-house and occupied therewith, l)ut not being part thereof accortling to the but not |iriviiegcd as provision hcivin-before mentioned, every such offender, being convicted tliereof, either upon '""^' °^ """' ''""*'^- an indietnieiit for the same offence, or upon an indictment for burglary, house-breaking or stealing to the value of fifty sicca rujices in a dwelling-house, containing a separate count for such offence, shall l)e liable at the discretion of the Court, to be transported to sueli place ;is the Court shall direct, foi- life, or for any term of years, or to l)e imprisoned for any term not exceeding four years, and if a male to be once, twice, or thrici- publicly or privately whipped, if the Coint >hall so tliink fit, in addition to such imprisoiiMiciit. LXXXVIII. And be it enacted, that if any person shall break and enter any shop, ware- linlihiry in n shop, 1 .• 1 I . 1 .1 ■ " 1 .. 1 111- warohoiise, &c. house, or countnig-house, and steal tlierem any chatti'l, money, or valuable secin-itv, I'viry sueli offender, being convicted thereof, sliall be liable to any of the pinii>lnnents wiiicli the Court may award as herein-lK^fore last mentioned. 328 [9 Geo. IV. Cap. 74. Stealing goods from LXXXIX. And be it enacted, that if any person shall steal any goods or merchandize in or'^carf 1 " * '^'"^^' "'"^^' ''"J ^'^^sel, barge, or boat of any description whatsoever, in any port of entry or discharge, or upon any navigable river or canal, or in any creek belonging to or communicating with any such port or canal, or shall steal any goods or merchandize from any dock, wharf, or quay adjacent to any such port, river, canal, or creek, every such offender, being convicted thereof, shall be liable to any of the punisliments which the Court may award as herein-before last- mentioned. Plundering the tackle XC. And be it enacted, that if any person shall plunder or steal any part of any ship vess"^° ° ^ ""^^"^ or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, mer- chandize, or articles of any kind belonging to such ship or vessel, every such offender, being Proviso. convicted thereof, shall suffer death as a felon : Provided always, that when articles of small value shall be stranded or cast on shore, and shall be stolen without circumstances of cruelty, outrage, or violence, it shall be lawful to prosecute and punisli the offender as for simple larceny. (1) (1) [See Act of Government of India, No. 31 of 1838, in Appentlix.J Persons in posses- XCI. And be it enacted, that if any goods, merchandize, or articles of any kind, belonging sion of shipwrecked j ^- g,. ypgsel in distress, or wrecked, stranded, or cast on shore as aforesaid, shall bv gooua not giving a sa- j I ' ' _ ' _ ^ ^ •' tisfactory account. virtue of a search warrant, to be granted as herein-after mentioned, be found in the possession of any person, or on the premises of any person with his knowledge, and such person, being carried before a justice of the peace, shall not satisfy the justice that he came lawfully by the same, then the same shall by order of the justice be forthwith delivered over to or for the use of the rightful owner thereof; and the offender, on tlie conviction of such offence before the justice, shall forfeit and pay, over and above the value of the goods, merchandize, or articles, such sum of money, not exceeding two hundred sicca rupees, as to the justice shall seem meet. .siiipurecked goods XCII. And be it enacted, tliat if any person shall offer or expose for sale any goods, mer- offered for sale may be (.[^j^ii^lize, or articles ^^'hatsoever, which shall have been unlawfully taken, or reasonably sus- pected so to have been, from any ship or vessel in distress, or wrecked, stranded, or cast on shore as aforesaid, in every such case any person to whom the same shall be offered for sale, or any officer of the Customs or Excise, or peace officer, may lawfully seize the same and shall with all convenient speed carry the same, or give notice of such seizure, to .some jus- tice of tlie jieace ; and if the person who shall have offered or exposed the same for sale, being duly suumioned by such justice, shall not appearand satisfy the justice that he came lawfully by such goods, merchandize, or articles, then the same shall by order of the justice be forthwith delivered over to or for the use of tlie rightful owner thereof, upon payment of a reasonable reward (to be ascertained by tlie justice) to the person who seized the same ; and the offender, on conviction of such offence by the justice, shall forfeit and pay, over and above the value of the goods, merchandize, or articles, sucli sum of money, not exceeding two hundred sicca ru- pees, as to the justice shall seem meet. Stealing, &c. of re- XCIII. And l)e it enacted, that if any person shall steal, or shall for any fraudulent pur- cords and other pro- ^ ^^^^ f^.^,^^ j^^ pi;j(.g of deposit for the time beiuij, or from any person having the lawful ceeumgs of Courts of ' ^ ' .... Justice. custody thereof, or shall unlawfully and maliciously obliterate, injure, or destroy any record, writ, return, panel, process, interrogatory,' deposition, affidavit, rule, order, or warrant of at- 9 Geo. IV. Cap. 74.] 329 torney, or any original document whatever, of or belonging to any Court of Record, or re- lating to any matter, civil or criminal, begun, depending, or terminated in any sncli Courts or any bill, answer, interrogatory, ileposition, affidavit, order or decree, or any original docu- ment wliatsoever, of or belonging to any Court of Equity, or relating to any cause or matter begun, depending, or terminated in any such Court: every such oifendcr shall be guilty of a misdemeanor, and being convicted tiiereof, shall be liable, at the discretion of the Court, to be transported to such place as the Court shall direct, for any term not exceeding seven years, or to suffer such other punisliment by fine or imprisonment, or by both, as tiie Court shall award ; and it siiall not, in any indictment for such offence, be necessary to allege, tiiat the article in res|)ect of which the offence is connnitted is the property of any person, or that tiie same is of any value. • XCIV. And be it enacted, tliat if any person shall, cither during the life of the testator Stealing or destroying or testatrix, or after his or her death, steal, or for any fraudident purpose destroy or conceal ° ^*' ^' any will, codicil, or other testamentary instrument, whether tlie same shall relate to real or personal estate, or to both, every sucii offender shall be guilty of a misdemeanor, and being convicted thereof, sliall be liable to any of the punishments which the Court may award as herein-before last mentioned ; and it shall not in any indictment for such offence be necessary to allege, that such will, codicil, or other instrument, is tlie property of any person, or that the same is of any value. XCV. And be it enacted, that if any person shall steal any paper or parchment, written or Stoaiins of writings printed, or partly written, and partly printed, being evidence of the title, or of any part of the e^taj"'^ '" '"'^ ""' title to any real estate, every sucli offender shall be deemed guilty of a misdemeanor, and being convicted tiiereof, sliall be liable to any of the punishments wliidi tlie Court may award, as herein-before last mentioned ; and in any indictment for such offence, it shall be sullicient to allege the things stolen to be evidence of the title, or of part of tlie title of the person, or of some one of the persons, having a present interest, whether legal or equitable, in the real estate to which tiie same relates, and to mention sucli real estate or some part thereof; and it shall not be necessary to allege the tiling stolen to be of any value. XCVI. Provided always, and be it enacted, that nothing in this Act contained, relating to Nothing herein as to •■1 (• ,t • 1 X' ■ 1 !• • .• • 1 ..111 wills and writings shall either or tlic misdemeanors aioivsaui, iitn- any proceeding, conviction, or |U(lgnieiit to lie had or lessen anv rmiedv at taken thereupon, shall jirevent, lessen, or impeach any remedy at law or in equity, which any '"'*' °'' '" iquiiy which party aggrieved by any such offence might or would have liad if this Act liad not been now has! ' "^ '"' ^ passed ; but nevertheless tlie conviction of any such offender shall not be received in evidence in any action at law, or suit in etpiity against him ; and no person shall be liable to be con- victed of eitlier of the misdemeanors aforesaid, by any evidence whatever, in respect of any act done liy iiim, if he shall at any time previously to iiis iieing indicted for such offence liave disclosed such act on oath, in consequence of any compulsory process of any Court of law or equity, in any action, suit, or proceeding wiiicli sliall Iiave been bond fide instituted by any arty aggrieved. XCVII. And be it enacted, tiial if any jiirson shall ^teal any dog, or >hall steal any beast Stealing dogs, or or bird, ordinarily kept in a state of confinement, not being the subject of larceny at common |l'"*J,'ii,"lJ',','if ' ""''" law, every sucli offender, being convicted thereof before a justici- of the peace, shall for the first offence forfeit and pay, over and above the value of the dog, beast, or l)ird, such sum of nioney^ot exceeding two hundred sicca rupees, as to the justice shall mviii nml ; and if anv ' 2 u ' 330 [9 Geo. IV. Cap. 74. person so convicted shall afterwards be guilty of any of the said offences, and shall be con- victed thereof in like manner, every such offender sliall be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding twelve ca- lendar months, as the convicting justice shall thnik fit ; and if such subsequent conviction shall take place before two j'ustices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction. Stealing fixtures of XCVIIT. And be it enacted, that if any person shall steal or rip, cut, or break with intent any kind from build- jg steal, any o-lass or wood work belonging to any building whatsoever, or any lead, iron, from grounds?' ^'""^^^ copjjer, brass or other metal, or any utensil or fixture, whether made of metal or other mate- rial, respectively fixed in or to any building whatsoever, or any thing made of metal fixed in any land being private property, or for a fence to any dwelling-liouse, garden, or area, or in any square, street, or other place dedicated to public use or ornament, every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be punislied in the same manner as in the case of simple larceny ; and in case of any such thing fixed in any square, street, or other like place, it shall not be necessary to allege the same to be the pro- perty of any person. Clerks and servants XCIX. And be it enacted, that if any clerk or servant shall steal any chattel, money, or stealing from their valuable security, belonging to or in the possession or power of his master, every such offender, being convicted thereof, shall be liable, at the discretion of the Court, to be transported to such place as the Court sliall direct for any term not exceeding fourteen years, or to be im- prisoned for any term not exceeding three years, and if a male, to be once, twice, or thrice publicly or privately whipped, if the Court shall so think fit, in addition to such imprison- ment. Clerks and servants C. And be it enacted, that if any clerk or servant, or any person employed for the purpose receiving any money, ^^ jj^ t]^g capacity of a clerk or servant, shall by virtue of such employment receive or take &c. on their master's , . , , 1 i i -. j- • ii »i account, and embez- into his possession any chattel, money, or valuable security, tor or in the name or on the 2''"S it- account of his master, and sliall fraudulently embezzle the same or any part thereof, every such offender shall be deemed to have feloniously stolen the same from his master, although such chattel, money, or security was not received into the possession of such master otherwise than by the actual possession of his clerk, servant, or other person so employed ; and every such offender, beino- convicted thereof, shall be liable, at the discretion of the Court, to any of the punishments which the Court may award as herein-before last mentioned. Distinct acts of em- CI. And be it enacted, that it shall be lawful to charge in one indictment, and proceed bezzleraent may be under the same against the offender for any number of distinct acts of embezzlement not ex- hidiiftment" "^ ^^""^ ceeding three, which may have been committed by him against the same master within the As to allegation and space of twelve calendar months from the first to the last of such acts ; and in every such proof of the property indictment, except where the offence shall relate to any chattel, it shall be sufficient to allege tiie embezzlement to be of money, without specifying any particul.w coin or valuable security ; and such allegation, so far as regards the description of the property, shall be sustained, if the offender shall be proved to have embezzled any amount, although the particular species of coin or valuable security of which such amount was composed shall not be proved, or if he shall be proved to have embezzled any piece of coin or valuable security, or any portion of the value thereof, although such piece of coin or valuable security may have been delivered to embezzled. 9Geo. TV. Cap. 74.] 331 him in order that some part of the value tlicreof should be returned to the party delivering the same, and such part shall have been returned accordingly. CII. And be it enacted, that if any money, or security for the payment of money, shall Agents embezzling be entrusted to any banker, merchant, broker, attorney, or other agent, with any direction in [hem for a'Tecrf '" writing to apply such money or any part thereof, or the ])roceeds or any part of the proceeds pose; of such security, for any purpose specified in such direction, and he shall, in violation of good faith, and contrary to the purpose so specified, in anywise convert to his own use or benefit such money, security, or proceeds, or any part thereof respectively, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the Court, to be transported to such place beyond the seas as the Court shall direct, for any term not exceeding fourteen years, or to suffer such other punishment by fine or imprisonment, or by both, as the Court shall award ; and if any cliattel or valuable security, or any power or goods or valuable of attorney for the sale or transfer of any share or interest in any public stock or fund esta- ^*'="""^=" Wished by authority of Parliament or of the said United Company, or of any foreign state, or ill any stock or fund of any body corporate, company, or society, shall be entrusted to any banker, merchant, broker, attorney, or other agent, for safe custody, or for any special pur- pose, without any authority to sell, negotiate, transfer, or pledge, and he shall, in violation of gcwd faith, and contrary to the object or purpose for which such chattel, security, or power of attorney shall have been entrusted to him, sell, negotiate, transfer, pledge, or in any manner convert to his own use or benefit, such cliattel or security, or the ])rocceds of the same, or any part thereof, or the shai-e or interest in the stock or fund to which such power of attorney shall relate, or any part thereof, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the Court, to any of the punishments which the Court may award as herein-before last mentioned. cm. Provided always, and be it enacted, tliat nothing herein-before contained relating to Not to affect trustees agents shall ailect any trustee in or under any instrument whatever, or any mortgagee of any ° " gng'-*-*. property real or j)er.sonal, in respect of any act done by such trustee or mortgagee in relation to the property comprised in or affected by any such trust or mortgage; nor shall restrain nor to restniin bankers any banker, merchant, broker, attorney, or other agent, from receiving any money which shall n,o„ey juc on securi- be or become actually due and payable upon or by virtue of any valuable security according t'^s; to the tenor and effect thereof, in such manner as he might have done if this Act had not been passed ; nor from selling, transferring, or otherwise disposing of any securities or cH'ects "or from disposmg of .... . 1-11 1 II 1 1- 1 ■ 1 T "• 1- 1-11 securities on which mjiis possession upon wliicli lie .sliall have any lien, claim, or ileniaiul entitling liiiu by law so they have a lien. to do, unless such sale, transfer, or other disposal shall extend to a greater number or part of such securities or eftects than shall be re(]uisite for satisfying such lien, chiim, or demand. CIV. Aud be it enacted, that if any factor or agent entrusted for the i)urpose of sale with factors pUdging for 1 11- . . I •■! 1 -11 r I I- 1 I • their own use goods, or any goods or niercliandize, or cntrusteil with any bill ot lading, warehousekeeper s or ju,.|,nient!> relating to wharfinjrer's certificate, or warrant or order for delivery of tjoods or mercliaiuli/e, shall, for K"'"'*- "'trusted to his own benefit, and iii \iolatioiiot good faith, deiKJSit or pleilgc any such gmKis or merclian- of sale. di/.e, orjmy of the said documents, as a security for any money or negotiable instrument borrowed or received by such factor or agent at or before tile time of making sudi deposit or pledge, or intended to be thereafter borrowed or received, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall Ik- liable, at the discretion of the Court, to be traiihiiorted to such place as the Court shall tlirect for any term not excivdiiig fourteen years, or to sull'er other sueli punisliiiieiit by fine or imprisonment, or by both, as tin- I'ourl sh.ill 2 u 2 332 [9 Geo. IV. Cap. 74. NuttoextoiiJtocases award; but no such factor or agent shall be liable to any prosecution for depositing or where tlie pledge does piejjnrjng a„y siij.], goods or merchandize, or any of the said documents, in case the same shall not exceed tlie amount i o o J o 'J ' of the lien. not be made a security for or subject to the payment of any greater sum of money than the amount which at the time of sucli deposit or pledge was justly due and owing to such factor or agent from his principal, together with the amount of any bill or bills of exchange drawn by or on account of such principal, and accepted by such factor or agent. Nothing herein, as to CV. Provided always, and be it enacted, that nothing in this Act contained, nor any agents, S;c , to lessen proceedincf, conviction, or iudgment to be had or taken thereupon, against any banker, any remedy which the ' ° , „ o ■ ^ ^ ^^ i aggrieved party now mercliant, broker, factor, attorney, or other agent as aforesaid, shall prevent, lessen, or ■ impeach any remedy, at law or in Equity, which any party aggrieved by any such offence n)ight or would have liad if this Act had not been passed; but nevertheless the conviction of any such offender shall not be received in evidence in any action at law or suit in equity against him ; and no banker, merchant, broker, factor, attorney, or other agent as aforesaid, shall be liable to be convicted by any evidence whatever, as an offender against this Act, in respect of any act done by him, if he shall at any time previously to his being indicted for such offence have disclosed such act on oath, in consequence of any compulsory process of any Court of law or equity, in any action, suit or jirocceding which shall have been boiidjide instituted by any party aggrieved. Obtaining money, &c. CVI. And be it enacted, that if any person shall by any false pretence obtain from any by false pretences, a otj^gj. person anv chattel, money, or valuable security, with intent to cheat or defraud any misdemeanor. ^ .:>.;' j '^ ^ j person of the same, every such offender shall be guilty of a misdemeanor, and being con- victed thereof, shall be liable, at the discretion of the Court, to be transported to such place as the Court shall direct, for any term not exceeding seven years, or to suffer such other No acquittal on the punisliment by fine or imprisonment, or by both, as the Court shall award : provided always, ground that the case jj,^[ jf ypon the trial of any person indicted for a misdemeanor, it shall appear that he proved amounts to . ' . . larceny. obtained the property in any manner amounting to larceny, he shall not by reason thereof be entitled to be acquitted of such misdemeanor, if the offence be in any other respects sub- stantially proved ; and no person tried for such misdemeanor shall be liable to be afterwards prosecuted for larceny upon the same facts. Where the original CVII. And be it enacted, that if any person shall receive any chattel, money, valuable receivers of s^tolen" ro" ^^^urity, or other property whatsoever, the stealing, taking, or obtaining wliereof shall amount perty may be tried, to a felony, either at common law or by virtue of this Act, such person knowing the same to aftcTthr faTt? m"'as ^^""'^ ^^^^ feloniously stolen, taken, or obtained, every such receiver shall be guilty of substantive felons. felony, and may be indicted and convicted either as an accessory after the fact, or as for a substantive felony, whether in tlie latter case the principal felon shall or shall not iiave been previously convicted, or shall or shall not be amenable to justice; and every such receiver, howsoever convicted, shall be liable, at the discretion of the Court, to be transported to such place as the Court shall direct for any term not exceeding fourteen years, or to be imprisoned for any term not exceeding three years, and if a male, to be once, twice, or tiu-ice publicly or privately whipped, if the Court shall so think fit, in addition to such imprisonment : provided always, that no person, hcjwsoever tried for receiving as aforesaid, shall be liable to be jirose- cuted a second time for the same offence. AVhere the original CVIII. And be it enacted, that if any person shall receive any chattel, money, valuable nor,"recdve'i"' may"^be Security, or Other property whatsoever, the ■ stealing, taking, obtaining, or converting whereof 9 Geo. IV. Cap. 74.] 333 is made an indictable misdemeanor In- this Act, such person knowing the same to have been prosecuted for a mis- imlawfullv stolen, taken, obtained, or converted, every such receiver shall be -ruiltv of a mis- <'e"iei"ior,"hetI)erthe ,,.,.,, • 1 1 ' X- 1 1 -t prjjicipal be convicted demeanor, and may be nulicted and convicted tliereor, wliether the person guuty of the or not. principal misdemeanor shall or shall not have been previously convicted thereof, or shall or shall not be amenable to justice; and every such receiver sliall, on conviction, be liable, at the discretion of the Court, to be transported to sucli place as the Court shall direct, for any term not exceeding seven years, or to be imprisoned for any term not exceeding two years, and if a male, to be once, twice, or thrice publicly or privately whipped, if the Court shall so think fit, in addition to such imprisonment. CIX. And be it enacted, that if any person shall receive any chattel, money, valuable All receivers may be security, or other property whatsoever, knowing the same to have been feloniously or imlaw- ''""^'' wlicretlie princi- ,.,,-, , , ■ , , 1 III 1 1'"' '* triable, or wliere lully stolen, taken, obtanied, or converted, every such person, wlietlier charged as an accessory tin- proi)irt)r is found after the fact to the felony, or with a substantive felony, or with a misdemeanor only, may '" W'^" vo^^fsnou, as y ' . -^. . J ^ J will as where the re- be dealt with, indictfd, tried, and punished in any place in which he shall have or shall have ceiving takes place. had any such property in his possession, or in any place in which the party guilty of the principal felony or misdemeanor may by law be tried, in the same manner as such receiver may be dealt with, indicted, tried, and punished for receiving such property in the place where he actually received the same. ex. And be it enacted, that if any person guilty of any felony or misdemeanor as afore- ihe owner of stolen said, in stealing, taking, obtaining, or converting, or in knowingly receiving, any chattel. Property, jirosecuting 1,1 • I I 1 II 1 -^i" I ,. " , „. thicforrei-i'ivcrtocon. , money, valuable security, or other jjl-operty whatsoever, shall he iiulicted lor any sucii offence viction, shall have res- by the owner of the property, or by his executor or administrator, ami convicted thereof, in "'"t'o" of his property, such case the property shall be restored to the owner or his representative ; ami the Court before whom any such j)ers()n shall be so convicted siiall have power to award from time to time writs of restitution for the said property, or to order the restitution thereof in a sum- mary manner : provided always, that if it shall appear, before any award or order made. Exception. th;it any valuable security shall have been bo/td Jidc ivdid or discharged by some person or body corporate liable to the payment thereof, or being a negotiable instrument, shall have been bond fide taken or received by transfer or delivery by some person or body eorjHJrate for a just and \aliiable consideration, witliout any notice, or without any reasonable cau.-.e to suspect, that tlie same had by any felony or misdemeanor been stolen, taken, obtained, or converted as aforesaid, in such case the Court shall not award or order tlie restitution of such Security. CXI. And be it enacted, that if any person shall corruptly take any money or reward. Taking a nwnni for directly or indirectly, under pretence or on account of helping any person to any chattel, of'' M»hMi''''pn'pcrty! money, valuable security, or other property whatsoever, which shall by any felony or mis- "iihout biiiiKini- the 1 " I I > 1 . I 1.1 1 1 £■ • 1 1 oiri'iuliT to trial. demeanor liave been stolen, taken, olitanietl, or converted as aforesaid, every such ])erson so taking money or reward (unless he shall cause the offender guilty of the principal felony or misdemeanor to be apprehended and brought to trial for the same) .^hall lu' guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be transported to such place as tlie Court shall direct, for life, or for any term of years, or to be imprisoned for any term not exceeding four years, and if a male, to be once, twice, or thrice publicly or privately whipped, if the Coiut sliall so think fit, in addition to such imprisonment. 334 [9Geo. IV. Cap. 74. Advertising a reward CXII. And be it enacted, that if any person shall publicly advertise a reward for the propertj'^ &™ ""^ ^'°''^" return of any property whatsoever which shall have been stolen or lost, and shall in such advertisement use any words purporting that no questions will be asked, or shall make use of any words in any public advertisement purporting that a reward will be given or paid for any property which siiall have been stolen or lost, without seizing or making any inquiry after the person producing sucli property, or shall promise or offer in any such public advertise- ment to return to any pawnbroker or other person who may have bought or advanced money by way of loan upon any property stolen or lost, the money so paid or advanced, or any other sum of money or reward for the return of such property, or if any person shall print or publish any such advertisement, in any of the above cases every such person shall forfeit the sum of five hundred sicca rupees for every such offence, to any person who will sue for the same by action of debt, to be recovered with full costs of suit. Receivers of pro- CXIII. And be it enacted, that where the stealing or taking of any property whatsoever '"^r^'ffencris'pun'i'sh- ^* ^y ^'^'* ^^^ punishable on summary conviction, either for every offence, or for the first able summarily, shall and second offence only, or for the first offence only, any person who shall receive any such eina'l"offenders "^ °'^'' property, knowing the same to be unlawfully come by, shall, on conviction thereof before a justice of the peace, be liable, for every first, second, or subsequent offence of receiving, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence of stealing or taking such property is by this Act made liable. Setting fire to any CXIV. And be it enacted, that if any person shall unlawfully and maliciously set fire to church or chapel, or to church or chapel, or other public place of religious worship whatsoever, or shall unlaw- auy house. &c. used for .' . . ' trade, whether in the fully and maliciously set fire to any house, stable, coach-house, outhouse, warehouse, office, fen^der or'iio° ^ ° shop, mill, barn, or granary, or to any building or erection used in carrying on any trade or manufactiu-e, or any branch thereof, whether the same or any of them respectively shall then be in the possession of the offender, or in the possession of any other person, with intent thereby to injure or defraud any person, every such offender shall be guilty of felony, and being convicted thereof, shall suffer death as a felon. (1) (1) [See Act of Government of India, No. 31 of 1838, in Appendix.] Destroying silk or CXV. And be it enacted, that if any person shall unlawfully and maliciously destroy, or other goods in the (jamarre with intent to destroy or to render useless, any goods or articles in any stage, process loom, &c., or any ma- » , n i r ii ] |- • 1 .111. chinery belonging to or progress of manutacture ; or shall unlawfully and maliciously cut, break, or destroy, or those maimfactures, or ^jamage with intent to destroy or to render useless, any loom, frame, machine, engine, rack, breakingnitoanybuild- o , , , , , , /■ i i • c ■ ing with intent to de- tackle, or implement, whether fixed or movable, prepared tor or employed in manuiacturing stroy the same. ^^. pj.gpai-jng any such goods or articles ; or shall by force enter into any house, shop, build- ing, or place, with intent to commit any of the offences aforesaid ; every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be transported to such place as the Court shall direct, for life, or for any term of years, or to be imprisoned for any term not exceeding four years, and if a male, to be once, twice, or thrice publicly or privately whipped (if the Coui-t shall so tliink fit), in addition to such imprisonment. Uioters demolishing, CXVI. And be it enacted, that if any persons, riotously and tumultously assembled &c. any church, cha- together to the disturbance of the public peace, shall unlawfully and with force demolish, for' trade"' or"madd- pull down, or destroy, or begin to demolish, pull down, or destroy any church or chapel, or 9Geo. IV. Cap. 74.] 335 other public place of religious worship whatsoever, or any house, stable, coach-house, out- nery in any manufac- Iiouse, warehouse, office, shop, mill, barn, or granary, or any building or erection used in '°'^' carrying on any trade or manufacture, or any branch thereof, or any macliinery, whether fixed or movable, prepared for or employed in any manufacture or in any branch thereof, every such offender shall be guilty of felony, and being convicted thereof, shall suffer death as a felon. CXVII. And be it enacted, that if any j)crson shall unlawfully and maliciously set fire to Setting fire to or de- or in anywise destroy any ship or vessel, whether the same be com))lete or in an unfinished stroying any ship. state, or shall unlawfully and maliciously set fire to, cast away, or in anywise destroy any ship or vessel, or shall unlawfully and maliciously set fire to any goods being on board any sliip or vessel as cargo, with intent to burn or destroy such cargo or ship, and with intent thereby to prejudice any owner or part-owner of sucii ship or vessel, or any owner or part-owner of any goods on l)oard the same, or anj' person that hath underwitten or shall underwrite any policy of insurance upon such ship or vessel, or on the freight thereof, or upon any goods on board the same, every such offender shall be guilty of felony, and being convicted thereof, shall suffer death as a felon. (1) (1) [See Act ot" Government of India, No. 31 of 1838 , in Ap- pendix.] CXVIII. And be it enacted, that if any person shall imlawfully and maliciously damage, namaeing any ship otherwise than by fire, any ship or vessel, whether complete or in an unfinished state, with o'''^™'*^ ''"a" l*/ fir*-', intent to destroy the same, or to render the same useless, every such offender shall be guilty of felony, and being convicted thereof, shall bo liable, at the discretion of the Court, to be trans- ported to such place as the Court siiall direct for any term not exceeding seven years, or to be imprisoned for any term not exceeding two years, and if a male, to be once, twice, or thrice publicly or privately whipped, if the Court shall so think fit, in addition to such imprisonment. CXIX. And be it enacted, that if any person shall exhibit any false light or signal, with Doing any act teml- intent to bring any ship or vessel into danger, or shall unlawfully and maliciously lio any ][',fs '"f a'tli'i'p'^n loyiMl liy ilif Coin- under the government of the saul IikIki Company, tor all crniies anil olleiiies to In- hy ilicni p.,,,,. „,,,. committed on or from and after the first day of March one thousand eiglit iiundred and twenty- nine, in the same manner as persons employed by or in the service of the said United Company are now by law subject and amenable to tlie said jurisiliction. 2 X 338 [IOGeo. IV. Cap. 16. 10 GEORGII IV. Cap. VII. An Act /or the Relief of his ^Iqjestys Roman Catliolic Subjects. [I3th April, 1829.] Such members of XV. Provided nevertheless, and be it further enacted, that nothing herein contained shall Corporations not to extend to authorize or empower any of his Maiesty's subjects professing the Roman Catholic vote in ecclesiastical . ,,■ , i-iii . appointments. religion, and benig a member of any lay body corporate, to give any vote at, or in any manner to join in the election, presentation, or appointment of any person to any ecclesiastical benefice whatsoever, or any office or place belonging to or connected with the united church of England and Ireland, or the church of Scotland, being in the gift, patronage, or disposal of such lay corporate body. 10 GEORGII IV. Cap XVI. An Act to continue the Operation of an Act of the Seventh Year of His present jMajesty, for suspending the Provisions of an Act of His late Majesty respecting the Appointment of Writers in the Service of the East- India Company ; and to amend the provisions of an Act of the Forty-seventh Year of His late Majesty, so far as they relate to the Period of Residence at Hertford College as a Qaalijica- tionfor certain Offices. [14/// May, 1829.] The first section of this Act continued the operation of the Act 7 Geo. 4, cap. 56, so far as it related to the appointment of writers not having passed through the College, and to the establishment of rules for securing the requisite qualifications, until the 10th of April, 1834, beyond which period it was not extended by any subsequent law. All the time not ex- II. And whereas, by virtue of an Act passed in the forty-seventh year of the reign of his I'm thTcolireTn ^^^^ '^'^ iNIajesty, all such time as shall be bona fide spent in the College established in the course of education England by the East-India Company for the education of their civil servants, by any persons a^'^^han'te accouiiL'd after they shall respectively have attained tlie age of seventeen years, is accounted, as to as so much time spent certain offices, places, and employments which sucli persons are entitled to hold in India, as cases.' ^' ' so much time actually spent in India, provided that such persons shall either before or after seventeen years of age spend two years at the least in the said College: and whereas it is ex- pedient that the privileges so granted should, under certain circumstances, be extended to young men who may have spent less time than two years in the regular course^ of education at the said College ; be it therefore enacted, that all such time, not exceeding two years, as shall have been or shall be bond fide spent, in the said College in the regular course of such ceediii spell IOGeo. IV. Cap. 62.] 339 education as aforesaid by any persons after they shall respectively have attained tlie ao^e of seventeen years, who shall have proceeded or shall hereafter proceed to India in the civil ser- vice of the said Company, shall be accounted, as to all offices, places, and employments, to which such persons are entitled to be appointed and to iiold, the salary, perquisites, and emolu- ments whereof shall not exceed the sum of one tiiousand five hundred pounds per annum, as so mucii time actually spent in India, any law or usage to the contrary thereof in anywise notwithstanding. 10 GEORGII IV. Cap. LXII. An Act to exclude Persons accepting Offices in the Enst- Indies from being Members of the House of Commons. \2.Alh June, 1829.] Whereas by an Act passed in the sixth year of the reign of Queen Anne, intituled, " An 6 Anne, c. 7. Act for the security of lier Majcsty''s person and Government and of the Succession to tiie Crown of Great Britain in tlie Protestant Line," it is amongst other things enacted, that no ])crson who sliould be a governor or deputy-governor of any of the plantations should be ca- pable of being elected, or of sitting or voting as a member of the House of Commons : and whereas doubts have been entertained how far the provisions of the said Act extend to per- sons holding the office of governor-general, or of governor of any of the settlements or jiresi- dencies under tlie authority of the East-India Company ; bo it therefore enacted by tlie King's jjo person appointed most excellent Majesty, by and with the advice and consent of the Lords spiritual and tern- GovLmor,&c. in India, 1 1 /-. • 1 ■ ■■» !• Ill 1 1 1 1 • n 1 shall be capable of sit- poral, and Lonnnons, in tins present larliamcnt assembled, and by the authority oi the same, ting in the House of that no person who shall be hereafter appointed governor or deputy-governor of any of the Commons. settlements, presidencies, territories, or plantations of the said East-India Company, shall be capable of being elected, or of sitting or voting as a member of the House of Commons while he shall continue to hold such office. II. And be it further enacted, that if any person hcrcbv declared to be incajiable to sit or Election of such pcr- vote as a member of the House of Commons, shall nevertheless be returned as a member to '*°"'* J'-"'-"''''''^'' ™"1' serve in Parliament, such election and return are hereby enacted and declared to be void ; and if any person declared by this Act incapable of being elected shall sit or vote as a member Penalty on persons of the House of Commons, such person so sitting or voting shall forfeit the sum of five hun- ^° "ittuig or votuig. dred pounds to such person or persons who shall sue for the same in any of his Majesty's Courts at Westminster; and the money so forfeited shall be recovered l)y the person so suing, with full costs of suit, in any of the said Courts, by action of debt, bill, plaint or informa- tion, in which no essoign, privilege, protection, or wager of law, or more than one imparlance, shall be allowed. 2x2 340 [1 1 Geo. IV. & 1 Wm. IV. Cap. 20. n GEORGII IV. andl GULIELMI IV. Cap. XX. Ax Act to amend and consolidate the Laios relating to the Pay of the Royal Navy, [29M May, 1830.] Provision foi- seamen LXXXII. And whereas by the said Act of the tliirty-first yil)le to the whole of the crew, and he shall also cause such alistract to be distinctly and audibly read over once in every month in the presence of the ship's company, iimnediately after the Articles of War are read ; and the Commissioners of the Navy are hereby enjoined to intpiire whether such abstract and the said .Articles of AN'ar have been didv hung up and read as directed, ard not to grant to any captain or connnanding officer his general certilieato until they shall be fully satisfied thereof, to tlu' end that I'virv person serving on board his Majesty's ships may at one and the same time hear and know the forfeitin\'S and |)unish- nient he is liai)le to for neglect or disobedience, and likewise the advantages and benelits to which he is entitled l)y a due and faithful performance of his duty, and that if he shall suffer any oppression or injury in his .Majesty's service, he may be the better enabled to l;iy in's complaint befori' the Loril Higli ^Vdmiral or the C'ommissioners for executing the office of lord liigli adiinral of the United Kingdom, who are hereby required, on any conqilaint mack' to iIkmu, to cause strict iiupnfy to be made into the circumstances, and if the conq)laint sliall appear to them to be well-foimded, to grant relief forthwith. 342 [11 Geo. IV. & 1 Wm. IV. Cap. GO. 11 GEORGII IV. & 1 GULIELMI IV. Cap. LX. An Act for amendhig the Laws respecting Conveyances and Transfers of Estates and Funds vested in Trustees and Jllortgagees ; and for enabling Courts of Equity to give Effect to their Decrees and Orders in certain Cases. [23^/ July, 1830.] 6 G. 4. c. 74. Whereas an Act was passed in the sixtli year of the reign of liis late Majesty King George the Fourth, intituled, " An Act for consolidating and amending the Laws relat- ing to Conveyances and Transfers of Estates and Funds vested in Trustees who are Infants, Idiots, Lunatics, or Trustees of unsound Mind, or who cannot be compelled or refuse to act ; and also the Laws relating to Stocks and Securities belonging to Infants, Idiots, Lunatics, and Persons of unsound Mind :" and wliereas an Act was passed in the 2 G. 1, (I.) Parliament of Ireland in the second year of the reign of King George the First, intituled, " An Act to enable Infants who are seised or possessed of Estates in Fee, in Trust or by way of IMortgage, to make conveyances of such Estates :" and wliereas an Act was passed in the 5 G. 2. (I.) Parliament of Ireland in the fifth year of the reign of King George the Second, intituled, " An Act to enable Idiots and Lunatics who are seised or possessed of Estates in Fee or for Lives or Terms of Years, in Trust or by way of Mortgage, to make Conveyances, Surrenders, or Assignments of Estates; and to pi-event Delay in Suits in Equity where Trustees are not 7 G. 4-, c. 43. found f and whereas an Act was passed in the seventh year of the reign of his late Majesty Kino- George the Fourth, intituled, " An Act to amend the Laws in force in Ireland relating: to Convevances and Transfers of Estates and Funds vested in Trustees:" and whereas it is expedient that the provisions of the said Acts sliouUl be consolidated and enlarged ; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Conmions, in this present Parliament assembled, and Recited Acts re- by the authority of the same, that the said recited Acts shall be and the same are hereby m ment^oned'^ "* ^^^' rcpealetlj except so far as the same relate to stock belonging beneficially to infants or lunatics, and also except as to such proceedings of any description, under the same Acts respectively, as shall have been commenced before the passing of this Act, and which may be proceeded in according to the provisions of the said recited Acts respectively, or according to the pro- visions of this Act, as shall be thought expedient : provided always, that the several Acts repealed by the said first recited Act shall not be revived. Rules for the inter- II. And inasmuch as, in order to avoid unnecessary repetition, certain words are used in pre a ion o iis c . ^j^j^ Xci, as desci'ibing subjects some of which, according to their usual sense, such words would not embrace ; for the understanding of the sense attached to them in this Act, be it further enacted, that the provisions of this Act shall extend to and include the several other estates and persons, matters and things, herein-after mentioned : (that is to say), those re- lating to land, to any manor, messuage, tenement, hereditament, or real property, of whatever tenure, and to property of every description tranferable otherwise than in books kept by any company or society, or any share thereof or interest therein ; those relating to stock, to any fund, annuity, or security transferable in books kept by any company or society esta- 1 1 Geo. IV. 8c 1 Wm. IV. Cap. 60.] 343 lished or to be cstablislied, or to any money payable for the tliscliarge or raleniption tberoof, or any share or interest therein ; those relating to dividends, or to interest or other annual produce; those relating to a conveyance, to any fine, recovery, release, surrender, assignment, or other assurance, including all acts, deeds, and things necessary for making and perfecting the same ; those relating to a transfer, to any assignment, payment, or other disjwsition ; those relating to a lunatic, to any idiot or person of unsound mind or incapable of managing his affairs ; those relating to an heir, to any devisee or other real representative by the common law or by custom or otlierwise ; and those relating to an executor, to any administrator or other personal representative ; unless there be something in the subject or context repugnant to such construction ; and wjiencver this Act, in describing or referring to any trustee or other person, or any trust land, conveyance, matter, or thing, uses the word importing the singular number or the masculine gender only, the same shall be understood to include and shall be applied to several jiersons as well as one person, and females as well as males, and bodies corporate as well as intlividuals, and several trust lands, stocks, conveyances, mat- ters, or things respectively, as well as one trust land, stock, conveyance, matter or thing respectively, unless there be something in the subject or context repugnant to such construc- tion. IV. And be it further enacted, that where any stock shall be standing in the name of any i,ord Chancellor may person who shall be a lunatic, as a trustee or executor, alone or 'jointly with any other person, ''""•^'"t "'•^' Committee ' ' ' J .' .' I ' or other person to or shall continue to be standing in the name of a deceased person whose executor shall be transfer stocks or funds lunatic, or shall be otherwise vested in or transferable by any person who shall be lunatic, for a''iiinatfc'"trustee"'and the benefit of some other person, it shall be lawful for the Lord Chancellor, intrusted as afore- receive the dividends, said, to direct the committee of the estate of any such lunatic to transfer or join in transfer- ring such stock to or into the name of such person and in such manner as the said Lord Chan- cellor shall think projier, and also to order such person appointed as aforesaid to riceive and ]jay over or join in receiving and paying over the divideiuls of such stock in such manner as the said Lord Chancellor shall direct ; and every such transfer, receipt and payment, shall be as effectual as if the ])erson being lunatic had been of sane mind, memory, and understanding, and had transferred, received, and piiid, or joined in transferring, receiving, and ])aying, such stock or dividends. V. And be it further enacted, that where any such person as aforesaid being lunatic shall Lord Chnncel lor, be- not hayel)een found such by inciuisition, it shall be lawful for the Lord Chancellor, intrusted '""^ ""I"'*'''""- ""^ ' ^ ' appoint a ju-rson to as aforesaid, to direct any person whom the said Lord Chancellor may think proper to appoint convey or transfer, for that purpose, in the ]ilace of such last-mentioned lunatic, to convey or join in conveying sucli land, or to transfer or join in transferring such stock, and to receive and pay over the dividends thereof, as hercin-before is mentioned ; and every such conveyance, transfer, re- ceipt, or ])aymeiit shall be as effectual as if the said person being lunatic had been of sane mind, memory, and understanding, and had made, done or executed the same; but where any sum of money shall be payable to such lunatic, no such last-mentioned order shall be made if such stun of money shall exceed seven himdri'd pounds; and where any sum not exceeding seven hundred j)ounds shall be jiayable to such lunatic, and any such order shall be made, the Lord Chancellor, intrusteil as aforesaid, shall direct to whom and in what maimer the money so payable shall be paid ; and every payment made in ])tu-suant of such direction shall effectually discharge the person paying the same from the money which he shall so pay. 344 [HGeo.IV. &1 Wm.IV. Cap. CO. Transfer of stocks or X. And be it further enacted, that where any person in whose name as a trustee or executor "" ^' (either alone or together with the name of any other person,) or in the name of whose testator (whether as a trustee or beneficially.) any stock shall be standing, or any other person who shall otherwise have power to transfer or join with any other person in transferring any stock to which some other person shall be beneficially entitled, shall be out of the jurisdiction of or not amenable to the process of the Court of Chancery, or it shall be uncertain whetiier such person be living or dead ; or if any such trustee or executor or otiier person shall neg- lect or refuse to transfer such stock, or receive and pay over the dividends thereof to the person entitled tliereto or to any part thereof respectively, or as he shall direct, for the space of thirty-one days next after a request in writing for that purpose shall have been made to any such trustee or executor or other person by the person entitled as aforesaid, then and in every or any such case it shall be lawful for the Court of Chancery to direct such person as the said Court shall think proper to appoint for that purpose, in the place of such trustee or executor or other person, to transfer or join in transferring such stock to or into the name of such person and in such manner as such Court siiall direct, and also to order any person ap- pointed as aforesaid to receive and pay over or join in receiving and paying over the dividends of such stock in such manner as the said Court shall direct ; and every such transfer, receipt, and payment shall be as effectual as if the said trustee or executor or other person had trans- ferred or joined in transferring such stock, or had received and paid or joined in receiving and paying the said dividends. In certain cases the XXII. And wliereas cases may occur, upon applications by petition under this Act for a Court of Chaiice'iv mav (conveyance or transfer, wliere the recent creation or declaration of the trust or other circuni- appoint new trustees, stances may render it safe and expedient for the Lord Ciiancellor, entrusted as aforesaid, or the Court of Chancery (as the case may require), to direct, by an order upon such petition, a conveyance or transfer to be made to a new trustee or trustees, without compelling the parties seeking such appointment to file a bill for that purpose, although there is no power in any deed or instrument creating or declaring the trusts of such land or stock to appoint new trus- tees ; be it therefore further enacted, tliat in any such case it shall be lawful for the Lord Chancellor, entrusted as aforesaid, or the said CoiU't of Chancery, to appoint any person to be a new trustee, by an order to be made on a petition to be presented for a conveyance or trans* fer under this Act, after hearing all such jiarties as the said Court shall think necessary ; and thereupon a conveyance or transfer shall and may be made and executed, according to the pro- visions hereinbefore contained, to or so as to vest such land or stock in such new trustee, either alone or jointly with any surviving or continuing trustee, as effectually and in the same manner as if such new trustee had been appointed under a power in any instrument creating or declar- ing the trusts of such land or stock, or in a suit regularly instituted. Powers given to tlie XXVI. And be it further enacted, that the powers and authorities given by this Act to Lord Chancellor of ti,g Lo,.^! Chancellor of Great Britain, entrusted as aforesaid, shall extend to all land and stock Great Britain. _ ' ... within any of the dominions, plantations, and colonies belonging to his Majesty (except Scot- land and Ireland). Powers Riven to the XXVIII. And be it further enacted, that the powers and authorities given by this Act to Lord CliaMceUor to jjjg l^^^.j Chancellor of Great Britain, intrusted as aforesaid, shall and may be exercised in extend to the Lord ' _ _ •' Keeper and Cocnnis- like manner by and are hereby given to the Lord Keeper or Commissioners of the Great Seal 1 1 Geo. IV. & 1 Wm. IV. Cap. 65.] 345 of Great Britain for the time being, intrusted as aforesaid ; and the powers and authorities given by this Act to the Lord Chancellor of Ireland, intrusted as aforesaid, shall and may be exercised in like manner by and are hereby given to the Lord Keeper or Connni.ssioners of the Great Seal of Ireland for the time being, entrusted as aforesaid. XXIX. And be it further enacted, that the powers and authorities given by this Act to Powers Riven to the the Court of Chancery in England shall extend to all land and stock within any of the domi- EnglandV'""""'' '" nions, plantations, and colonies belonging to his Majesty (except Scotland). XXX. And be it further enacted, that the powers and authorities given by this Act to tlie which maybe exercised Court of Chancery, and tlic provisions contained in this Act relating to the said Court, chemier^"""^' "^ ^^ shall and may be exercised in like manner by and are hereby given and extended to the Court of Exchequer. XXXII. Provided always, and be it further enacted, that in all cases in which orders shall \Vho«iiail benained be made, in pursuance of this Act, for the transfer of stock, the person to be named in such coiirtTor'mi'ik?n'''traiis^ order for making such transfer siiall either be the committee of the estate of the person being fers. lunatic in whose place such transfer shall be made, or a co-trustee or co-executor of the person in whose place such person shall be directed to transfer, or some officer of the company or society in whose books the same respectively shall be directed to be made ; and where such transfer shall be directed to be made in books kept by the Governor and Company of the Bank of England, sucli officer shall be the secretary or deputy-secretary or accountant-general for the time being of the said Governor and Company, or liis deputy. XXXIII. And be it further enacted, tliat this Act shall be and is hereby declared to be a Act to be an indem- fuU and complete indemnity and discharge to the Governor and Company of the Bank of "''7 '° ""^ ^V'^ "'"* -r«ii I • 1-- ii-rt> 1 other ( ompanies. England, and to all otlicr com|)anies and societies, and their ofiiccrs and servants, for all acts and things done or permitted to be done jiursuant thereto, and that such acts and things shall not be questioned or impeached in any court of law or equity to their prejudice or detriment. 11 GEORGII IV. & 1 GULIELMI IV. Cap. LXV. An Act for consolidating and amending llic Laics relating to Propcrti/ belonging to Infants, Femes Coccrt, Idiots, Lanalies, and Persons of unsound Mind. {2-3dJulj/, ls:iO.] Whereas an Act was passeil in the ninth year of the reign of King George the First, in- tituKil, " An Act to enable Lords of Manors more easily to recover their Fines, and to exenij)t infants and Femes Covert from Forfeitures of their Copyhold l'',states in ))articiilar Cases;" and whereas an Act was passed in the twenty-ninth year of the reign of Kiii" George the Second, intituled, " An Act to enable Infants, Lunatics, and Femes Covert to Surrender Leases, in order to renew tlie same:"' and wliireas an .\ct was passed in the o ,. c. I, r. ■>;>. 20 0.2. c.^il. 346 [11 Geo. IV. & 1 W.m. IV. Cap. Co. 11 G.3, c. 20. eleventh year of King George the Third, intituled, "An Act to enable Lunatics entitled to renew I>eases, their Guardians and Committees to accept of Surrenders of old Leases, and 11 Ann. (I.) c. 3. f^rant new ones :" and whereas an Act was passed in the Parliament of Ireland in the eleventh year of the reign of Queen Anne, intituled, " An Act to enable Guardians and others to re- 43 G 3 e 75 'lew Leases for Lives :" and whereas an Act was passed in the forty-third year of the reign of Kino- George the Third, intituled, " An Act to authorize the Sale or Mortgage of the Estates of Persons found lunatic by inquisition in England or Ireland respective!}-, and the 47 G. 3, c. 8, s. 2. o-ranting of Leases of the same:" and whereas an Act was passed in the forty-seventh year of the reifU of King George the Third, intituled, "An Act concerning Common Recoveries suffered in Copyhold or Customary Co\irts by Attorney i" and whereas an Act was passed 59 G. 3, c. 80. hi the fifty-ninth year of the reign of King George the Third, intituled, " An Act concerning Common Recoveries to be suffered by Attorney in Courts of Ancient Demesne, and to explain an Act of his present Majesty relative to the Sale or Mortgaging of Estates of Lunatics:" 6G. 4, c. 74. and whereas an Act was passed in the sixth year of the reign of his late Majesty King Georoe the Fourth, intituled, " An Act for consolidating and amending the Laws relating to Conveyances and Transfers of Estates and Funds vested in Trustees who are Infants, Idiots, Lunatics, or Trustees of unsound jVIiad, or who cannot be compelled or refuse to act ; and also the Laws relating to Stocks and Securities belonging to Infants, Idiots, Lunatics, 9 G. 4, c. 78. and Persons of unsound Mind :" and whereas an Act was passed in the nintli year of the reio-n of his said late M.ijestv, intituled, " An Act for extending tiic Acts passed in the forty- third and fifty-ninth years of the reign of his late Majesty King George the Third, for the Sale and Morto-age of Estates of Persons found Lunatics by Inquisition taken in England and Ireland, so as to authorize such Sale and Mortgage for other Purposes; and for ren- dering Inquisitions or Commissions of Lunacy taken in England available in Ireland, and like Inquisitions taken in Ireland available in England :" and whereas it is expedient the provisions of the said Acts should be consolidated and amended ; be it therefore enacLed by the Kino-'s most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of Recited Acts of 11 the same, that the said recited Acts of the eleventh year of the reign of Queen Ann?, the n'43 47'^ 'd'sgo' ninth year of the reign of King George the First, the twenty-nintli year of the reign of King 3;'9 G. 4,' and so much George the Second, the eleventh, forty-third, forty-seventh, and fifty-ninth years of the reign fo LI' belonging'to of King George the Tliird, and the ninth year of the reign of his late Majesty King George infants, &c. repealed. tJ^g Fourth, and also the said recited Act of the sixth year of the reign of his present Ma- iesty, so far as the said last-mentioned Act relates to stocks, funds, annuities, and securities belono-in" beneficially to persons being infants, idiots, lunatics, or of unsound mind, shall be and the same are hereby repealed (except as to such proceedings under the same as shall have been commenced before the passing of this Act, and which may be proceeded in according to the provisions of the said recited Acts respectively, or according to tlie provisions of this Act, as shall be tliought expedient) : provided always, that the several Acts repealed by the said last-recited Act shall not be revived. pietation of this Ac^" U- -^"'^ inasmuch as, in order to avoid unnecessary repetition, certain words are used in this Act as describing subjects, some of which, according to their usual sense, such words would not embrace ; for the understanding of the sense attached to them in this Act, be it further enacted, that the provisions of this Act shall extend and be understood to extend to and include the several other estates, persons, matters, and tilings herein-after mentioned ; (that is to say), those relating to land, to any manor, messuage, tenement, hereditament, or 1 1 Geo. IV. & 1 Wm. IV. Cap. 65.] 347 real property of wliatsoever tenure, and to j)roperty of every description transferable other- wise than in books kept by any coni]iany or society, or any share thereof or charge thereon, or estate or interest therein : those relating to stock, to any fund, annuity, or security transferable in books kept by any company or society, or to any money payable foi- the discharge or re- demption thereof, or any share or interest therein ; those relating to dividends, to interest or other annual produce; those relating to the Bank of England, to the East-India Company, South-Sea Compan}-, or any other company or society established or to be estabished ; those relating to a conveyance, to any release, surrender, assignment, or other assurance, including all acts, deeds, and tilings necessary for making and perfecting the same: those relating to a transfer, to any assignment, payment or otiier disposition ; and tiiose relating to a lunatic, to any idiot or person of unsound mind or incapable of managing liis affairs ; unless there be something in the subject or context repugnant to such construction ; and whenever this Act, in describing or referring to any person, or any land, stock, conveyance, lease, recovery, matter or thing, uses the word importing the singular number, or the masculine gender only, the same shall be understood to include and shall be applied to several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, and several lands, stocks, conveyances, leases, recoveries, matters, or things, as well as one land, stock, con- veyance, lease, recovery, matter, or thing respectively, unless there be something in the subject or context repugnant to such construction. XXXII. And be it further enacted, that it shall be lawful for the Court of Chancery, by Court of Chancery an order to be made on the petition of the o-uardian of any infant in whose name any stock ^^ , ^-'"-'''"^■l'"''" "lay ■ . . order liiviilencls of shall be standing, or any simi of money, by virtue of any Act for paying off any stock, and stock belonging to in- who shall be beneficially entitled thereto, or if there shall be no guardian, by an" order to be mainVeni'nce!''''""^ ^'"" made in any cause de])ending in the said Court, to direct all or any part of the dividends due, or to become due in respect of such stocks, or any such sum of money, to be paid to any "-uar- dian of such infant, or to any other person, according to the discretion of such Court, for the maintenance and education, or otherwise for the benefit of such infant, such guardian or other person to whom such {)aynient shall be directed to be made, being named in the order direct- ing such fjayment ; and the receipt of such guardian or other person for such dividends or sum of money, or any part thereof, shall be as effectual as if such infant liad attainid the age of twenty-one years, and had signed and given the same. XXXTII. And be it further enacted, that where any stock shall be standing in the name stock bclonpinR to of, or shall be vested in any person being lunatic, who shall be beneficially entitled thereto, '""nties may be order, or shall lie standmg m the name ot, or vested in any person being committee of the estate of cellor tobetransfened . a person found lunatic, in trust for or as part of liis property, and such committee shall have died intestate, or shall himself become lunatic, or shall be out of the jurisdiction of, or not amenable to, the process of the Court of C'hancery, or it shall be uncertain wliether sucii com- mittee be living or dead, or sudi committee shall neglect or refuse to transfer such stock, and to receive and pay over tiie dividends tlu'reof to a new committee, or as lie shall direct, for the space of fourteen days next after a recpiest in writing ft)r that purpose shall havi' been made by any new committee, then and in eviry or any such case it shall be lawful for the Lord Chancellor intrusted as aforesaid, upon the pi'tition of the committee of the estates of the person being lunatic, or of tiie per.son re])orted by the master to whom the matter is referreil as a proper person to be such committee, although such report shall not have been confirmed, to direct such person as such Lord Chancellor shall think ])ropcr to apjioint for that pur]iose to transfer such stock to or into the name of any new committee, or in the name of the .Ac- 348 [11 Geo. IV. & 1 Wji . 1 V.Cap. 65. countant-gencral of tlie faid Court, or otherwise, and also to receive and pay over the divi- dends thereof, or such sum or sums of money, in such manner as such Lord Chancellor shall think proper ; and such transfers and payments shall be valid and effectual to all intents and piu'poses whatsoever. Where stock shall be XXXIV. And be it further enacted, that where any stock shall be standing in the name onun'aHc.'"resi'cMnir'oiit "^' °*" 'tested in any person residing out of England, it shall be lawful for the Lord Chancel- of EuKhiiiil the Lord lor, intrusted as aforesaid, upon petition, and proof being made to his or their satisfaction, the transfer. t''''^' such person has been declared lunatic, and that his personal estate has been vested in a curator, or other person appointed for the management thereof, according to the laws of the place where such person shall reside, to direct any person whom sucli Lord Chancellor shall think proper to appoint for that purpose, to transfer such stock, or any part or parts thereof, into the name of any such curator, or other such person as aforesaid, or otherwise, and also to receive and pay over the dividends thereof, as such Lord Chancellor shall think fit ; and that such transfers and payments shall be valid and effectual to all intents and purposes what- soever. Powers ■;ivcn to the XXXVL And be it further enacted, that the powers and authorities given by this Act to England^; ^^"'""'^ '" the Court of Chancery in England, shall extend to all land and stock within any of the do- minions, plantations, and colonies belonging to his Majesty (except Scotland). whicii may he cxer- XXX^'^. And be it further enacted, tliat tlie powers and authorities given by this Act ExtieqiiJi'"^ ^°"'^^ "' ^o ''"-' t'ourt of Chancery, shall and may be exercised in like manner by, and are hereby given to, the Court of Exchequer. Power to the Lord XXXIX. And be it further enacted, that tlie powers and authorities given by this Act Britam""' °' ^"^'" ^° ''"-' ^°"' Chancellor of Great Britain, intrusted as afofesaid, shall extend to all land and stock wheresoever, within any of the dominions, plantations, and colonies belonging to his Majesty (except Scotland and Ireland). Powers )j;i veil to the XLII. And be it further enacted, that the powers and authorities given by this Act to extend to the Lord tile Lord Chancellor of Great Britain, intrusted as aforesaid, shall and may be exercised in Kcejier and Coinmis. Jjl^e manner by, and are hereby given to, the Lord Keeper or Conmiissioners of the great seal of Great Britain for the time being, intrusted as aforesaid ; and the powers and authorities given by this Act to the Lord Chancellor of Ireland, intrusted as aforesaid, shall and may be exercised in like manner by, and are hereby given to, the Lord KeejJer or Commissioners of the great seal of Ireland for the time being, intrusted as aforesaid. Who sliaii be named XLIII. Provided always, and be it further enacted, that in all cases in which orders shall in the orders ct the , , . p i • . ^ i /• p i i i i ■ , Court for nuiking trans- ''e made m pursuance ot tins Act tor the transfer ot stock, tlie person to be named in such ^'"^'- order for making such transfer, shall be some officer of such company or society in whose books such transfer shall be made ; and where such transfer shall be directed to be made in books kept by the Governor and Company of the Bank of England, such officer shall be the Secretary or Deputy-Secretary, or Accountant-general or Deputy Accountant-general, for the time being of the said Governor and Company. Act to ho an indem- XLIV. And be it further enacted, that this Act shall be and is hereby declared to be a otlfer°compaiiies "" ^"^^ ''^"'^ Complete indemnity and discharge to the Governor and Company of the Bank of 1 1 ( iEo. IV. & 1 Wm. IV. Cap. 66.] 349 England, and all other companies and societies, and tiuir officers and servants, for all acts and things done or permitted to be done pursuant thereto ; and that siicli acts and things shall not be questioned or impeached in any Court of" Law or E(iuity to tliuir prejudice or detriment. 11 GEORGII IV. & 1 GULIELMI IV. Cap. LXVI. A.v Act for rcdachig into One Act all suck Forgcria; as shall lioiceforth be pioiis/ied with Death, ami for othencise amending the Laics relative to Forger ij. [23r/ July, r830.] The first six sections of this Act are either inapphcable to any trans- actions connected with the East-India Company, or have been repealed by later enactments. VII. And be it enacted, that if any person shall falsely and deceitfully personate any Personatingthe owner owner of any share or interest of or in any stock, annuity, or other public fund which now is "' ""7 P"''iif stock or -' ■ •' , \ 1 certain otluTstock. and or iiereafter may be transferable at tiie Bank of England, or at the South-Sea House, or any endeavouring to trans- owner of any share or interest of or in the capital stock of any body corporate, company, or divi,i"^,'u ^^^"''^ '.. society whicii now is or hereafter n)av be established by Charter or Act of Parliament, or any tion for life, &c. owner of any dividend payable in respect of any such share or interest as aforesaid, and shall thereby endeavour to transfer any share or interest belonging to anv such owner, or thereby endeavour to receive any money tlue to any such owner as if such ofl'ender were the true and lawfid owner, every such offender shall be guilty of felony, and l)eing convicted thereof, shall Ik? liable, at the discretion of the Court, to be transported beyond the seas for life or for any term not less than seven years, or to be imprisoned for any term not exceeding four years nor less than two years. VIII. And be it enacted, that if any person shall forge the name or hand-writing of any lorging the attcsta- person as or purporting to be a witness attestinsj the execution of any i)ower of attorney or ''"" '" ""1 I"'"''"' "'' ' ' ' " I- ■ 1 • 1 1- /•" I attorney for transfer of other authority to transfer any share or interest of or m any such stock, annuity, public fund, stock. &c., trnnsporta- or capital stock as is herein-before mentioned, or to receive any divideiui payable in respect of J'"" ''"' *^'"'" )■*''"■*• any such .share or interest, or shall utter any such power of attorney or other authority, with the name or hand-writing of any person forged thereon as an attesting witness, knowing the same to be forged, every such ofl'ender shall be guilty of felony, ami being convicted tiiereof, shall be liable, at the discretion of tiie Court, to be transported beyond the seas for the term of .seven years, or to be im])risoncd for any term not exceeding two years nor less than one year. X. .\iid be it enacted, that if any person shall forge or alter, or shall oiler, utter, dispose Korging a deed, bond of, or put off, knowing tlu' same to i)e forged or alti'red, any deed, bond, or writing obliga- '''•"'I't for money or , .11 /. Ill, 'ill o^ (foods, or an aceount- tory, or any court-roll or copy of any court-roll relating to any copyhold or customary estate, able rereipt. or .in or- or any acquittance or receipt either for money or (joods, or anv accountable receiiit I'itlu'r for '''''' , ^"' "'^'''''^O" "f , ' . (^ ' . 1 goodR, transjiorliition money or goods, or tor any note, bill, or other security for payment of money, or any war- tor life. &c. 350 [11 Geo. IV. .^- 1 Wm. IV. Cap. 66. rant, order, or request for the delivery or transfer of goods, or for the delivery of any note, bill, or other security for payment of money, with intent to defraud any person whatsoever, every such offender sliall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of tlie Court, to be transported bej'ond the seas for life or for any term not less than seven years, or to be imprisoned for any term not exceeding four years or less than two years. As to principals in the XXV. And be it enacted, that in the case of every felony punishable under this Act, every second degree and ac- principal in the second degree, and every accessory before the fact, shall be punishable with death (1) or otlierwise, in the same manner as the principal in the first degree is by this Act punishable ; and e\ ery accessor}- after the fact to any felony punishable under this Act shall on conviction, be liable to be imprisoned for any term not exceeding two years. (1) [Punishment of death abolished by 7 Wm. 4 & 1 Vic. cap. 84.] The Court may or- XXV'I. And be it enacted, that where any person shall be convicted of any offence punish- der hard labour or so- a^jg under this Act, for wliich imijrisonment may be awarded, it shall be lawful for the Court litary confinement for i «. i , . . i • i • i 11,1 • , offences against this to sentence the ottender to be imprisoned, with or without hard labour, m the common gaol or ^'^^- house of correction, and also to direct tliat the offender shall be kept in solitarv confinement for the whole or any portion or portions of such imprisonment, as to the Court in its discretion shall seem meet. As to offences com- XXVII. And be it enacted, that where any offence ]iunishable under this Act shall be mitted at sea. committed within tlie jurisdiction of the Admiralty, the same shall be dealt with, inquired of, tried, and determined in the same manner as any other offence committed within that jurisdiction. Rule of interpreta- XXVIII. And be it declared and enacted, that where the having any matter in the custody tion as to criminal pes- ^j. possession of any person is in this Act expressed to be an offence, if any person shall have session, and as to par- ^ . . , , . 1 11 1 . 1 i • ties intended to be de- any such matter in his personal custody or possession, or shall knowingly and wilfully have fraudcd. _^^^. ^^^^.j^ ,^)atter in any dwelling-house or other building, lodging, apartment, field, or other place, open or enclosed, whether belonging to or occupied by himself or not, and whether such matter shall be so had for liis own use or for the use or benefit of another, every such person siiall be deemed and taken to have such matter in his custody or possession within tlie meaning of this Act ; and where the committing any offence with intent to defraud any person whatsoever is made punishalile by this Act, in every such ca.se the word " person " shall throughout this Act be deemed to include his Majesty or any foreign prince or state, or any body corporate, or any company or society of persons not incorporated, or any person or number of persons whatsoever avIio may be intended to be defrauded by such offence, whetlier such body corporate, company, society, person, or number of persons shall reside or caiTy on business in England or elsewhere, in any place or country, whether under tlie dominion of his Majesty or not ; and it sliall be sufficient in any indictment to name one person only of such company, society, or number of persons, and to allege the offence to have been committed with intent to defraud the person so named, and another or others, as the case may be. This Act not to ex- XXIX. And be it enacted, that this Act shall not extend to any offence committed in tend to Scotland or ggutland or Ireland. Ireland ; hut to apply to the XXX. Provided always, and be it declared and enacted, that where the forging or altering orging or uttering in ^^^^ writing or matter whatsoever, or the offering, uttering, disposing of, or putting off any J 1 Geo. IV. 5: 1 Wm. IV. Cap. 75.] 351 writing or matter wliatsoever, knowing the same to b? forged or altered, is in tliis Act ex- pun)orting to be made, pressed to be an offence, if any person shall, in that part of the United Kingdom called °f En TJid •'""'''" °"' England, forge or alter, or offer, utter, dispose of, or put off, knowing the same to be forged or altered, any such writing or matter, in whatsoever place or country out of England, whether under the dominion of his Majesty or not, sueli wTiting or matter may purj)ort to be made or may have been made, and in wliatever language or languages the same or any part tliereof may be ex})ressed, every such person, and every ])erson aiding, abetting, or counselling such person, shall be deemed to be an offender within the meaning of this Act, and shall be punishable thereby in the same manner as if the writing or matter iuul purported to be made or had been made in England ; and if any person shall in England forge or alter, or offer, and to the forging or utter, dispose of, or put ofl", knowing tiie same to be forged or altered, any bill of exchange or b^s'^of'exchange'^'pro^ any promissory note for the payment of money, or any indorsement on or assignment of any mUsory notes, bonds, bill of exchange or promissory note for the payment of money, or any acceptance of any bill payabi*e"^u^t "of Eng- of exchange, or any undertaking, warrant, or order for the payment of money, or any deed, '"'"'• bond, or writing obligatory for the ])aynient of money (whether such deed, bond, or writing obligatory shall be made only for the payment of money, or for the payment of money toge- ther with some other purpose), in whatever place or country out of England, whether under the dominion of his Majesty or not, the money payable or secured by such bill, note, under- taking, warrant, order, deed, bond, or writing obligatory may be or may purport to be payable, and in whatever language or langu;iges the same respectively or any jiart thereof may be expressed, and whether such bill, note, undertaking, warrant, or order be or be not under seal, every such person, and every person aiding, abetting, or counselling such person, shall be deemed to be an offender within the meaning of tliis Act, and sliall be ])unishable tiierei)y in the same manner as if the money had been payable or had purported to be payable in England. 11 GEOllGII IV. & 1 GULIKLMI IV. Cap. LXXV. An Act /or the Relief of the Sufferers by the Insotveiin/ of Gilbert Rieketts, Esijuire, former li/ Registrar of the Suprcine Court of Judicalitre at Madras. [■2:i(/Ju/i/, 1830.] Whereas Gilbert llickctts. Esquire, deceased, late Registrar of the Su))reine Court of Judicatiu'e at Madras in the East-Indies, was, as sucii Registrar, empowered by an Act of the tliirty-niiith and fortieth years of the reign of King George the Third, intituled " An 30&1OC..3, c. 79. Act for cstai)li>hing further Regulations for the Government of tlie British 'i'erri lories in India, anil the better Administration of Justice within liie same," to adminihter to all Ihilisli sid)jects dying intestate within the Presidency of Madras ; and the said Court was thereby directed to grant such letters of administration to the Registrar of the Court ; and accord- ingly the said Ciilherl Rieketts did obtain from time to time adim'nistrations out of the said Court to several persons who had dird intestate within l\\^^ said I'residency of Madras, and as such administrator colli'cted their estates and ifi'ects: and whi'reas the said Gilbert Kicketis got into his liands and possession, as sucii Itegistrar, certain sums of money unKred iiv tiie said Court to be ])ai(i iiit() Court by the suitors thert'of, and afterwards (hed insolvent on or about the fourth day of l)tcend)er one thoiisiind eigiit hundred and sexeiileen, without havin^j 352 [11 Geo. IV. & 1 Wm. IV. Cap. 75. lodged in the treasury at Madras tlie monies and effects he had so as aforesaid received on account of tlie estates of intestates and from the suitors of the said Court; by reason whereof those persons representing tiie said intestates, and lawfully entitled to their estates, as well a.s the suitors of the said Court, have suffered great loss and damage in this respect : and whereas, in order to know the state and particulars of the deficiency of the said Gilbert Ricketts in respect of tlie estates of intestates, and the monies paid in by the suitors of the Court, that came to liis liands, the Honourable tlie Judges of the said Court, Sir John Newbolt and Sir Edmund Stanley, made an order, bearing date the fifteenth day of Decenilwr one thousand eight iiundred and seventeen, wiiereby it was referred to Mr. John Shaw, the then registrar of tiie said Court, Mr. George Garrow, the accountant-general. Sir Samuel Toller, Knight, advocate-general, Mr. Henry Byne, barrister-at-law, and Mr. Robert Orme, Company's solicitor, as a Connnittee or Commissioners to inquire into and report upon the accounts of the then late registrar, Mr. Gilbert Ricketts, relative to the suitors' money and the estates of deceased persons which came to his hands : and whereas the survivors of the said Commissioners made their report to the Court, bearing date the twenty-ninth day of July one thousand eight hundred and twenty, whereby they reported, that in respect to the estates of intestates that came to the hands of the said Gilbert Ricketts there was a deficiency of pagodas one hundred and twenty-three thousand one hundred and five and thirty-seven fanams, making in British sterling mone}', at the rate of eight shillings to the pagoda, forty-nine thousand two hundred and forty-two [)ounds, and in tliat of the suitors a deficiency of pagodas one thousand six hundred and sixty-two, making in British sterling, at the rate aforesaid, six hundred and sixty-four pounds and sixteen shillings; the particulars whereof, and the estates and suitors to whom due, are set out in the schedules to the said report annexed, and forming part thereof, marked (A.) (B.)(C.) and (D.): and whereas, upon the aforesaid Commissioners having made the aforesaid report of the twenty-ninth day of July one thousand eight hundred and twenty, to the said Court at Madras, in pursuance of the order of the said Court of the fifteenth day of December one thousand eight hundred and seventeen, the honourable the Judges of the said Court transmitted the same, on the thirtieth day of August one thousand eight hundred and twenty, to the Governor in Council at Madras, stating that Mr. Ricketts died insolvent, and that there was no fund applicable to the discharge of the balances reported due, and recommended it as highly- important to public justice that some fund should be pro- vided for the discharge of such claims: and whereas it is expedient that provision shall be made for payment to such persons as shall appear entitled thereto of the several sums so lost by the malversation of the said Gilbert Ricketts ; be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that it Court of Directors shall and may be lawful to and for the Court of Directors of the United Company of Mer- of the East- indiii Com- j-hgnts of England trading to the East-Indies, and the said Court of Directors is hereby pany to appropriate a . '^ " ' . . •' part of tlieir territorial authorized, empowered, and required, to appropriate so much of the territorial revenues of the'^sums 'due To'^tiie '•'^^' ^^^^ United Comjiany as will be sufficient to pay off" and discharge to such persons as estates of certain iiitcs- shall appear to be entitled thereto, as the lawful representatives of the intestates named in the Supreme Court'^of Jii- schedule annexed to the said report of the twenty-ninth day of July one thousand eiglit dicatureat .Madras. hundred and twenty, marked (D.), and also to the suitors of the said Court named in the schedules annexed to the said report of the twenty-ninth day of July one thousand eight hundred and twenty, marked respectively (A.),(B.), and(C.), or to the lawful representatives of such of the said suitors who have since deceased, and shall appear to be entitled thereto, the several and respective principal sums of money set forth and specified in the said schedules respectively as due to the estates of the intestates and the suitors therein respectively named. 1Wm.IV. Cap.4.] 353 II. And be it further enacted, that the said Court of Directors shall, as soon as reasonahly The Court of Direc- mav be after the passing of this Act, send out instructions to the Governor and Council at '?"* '" *'^I^"' 1"^ '"" ■^ , , ^ " , . V. .^ stnictioiis for the pay. Madras, directing tliat tlie said Governor and Council shall, upon demand being made by or "lent of ilie sums on behalf of any such persons lawfully qualified and entitled thereto, pay out of the said '^"^ ^ '"'^1""''' ■ territorial revenues of the said Company to such person or persons, or to their lawfully con- stituted attornies, as soon as reasonably may be, the principal sums mentioned in the said several schedules to the said report of the twenty-nintli day of July one thousand eiglit hun- dred and twenty annexed. III. Provided alwavs, and be it further enacted, that it shall he lawful for the said Court or the same may be of Directors, if they shall see fit, to make any such payments in this country to any persons '"^' "^ '" ' "* "^"""""y- who shall appear entitled thereto, and at sucli rate of exchange as shall l)c mutually agreed upon between the said Court and such persons respectively. IV. And be it further enacted, that tliis Act shall be deemed and taken to be a public Tublic Act. Act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded. 1 GULIELMI IV. Cap. IV. Ax Act to render valid Acts done hi/ the (i over nor of any of his Majesty s Plantations after the Expiration of his Commission by the demise of his late Majesty, and to e.vtend the Period within which the Patents of Governors of Colonies shall on any fat are Demise of the Croicn become vacant, and to provide for the longer Duration of the Patents of Governors after the Demise of the Crown. [23iso/i(/atii?g find (imoidhi;^: the Laics relating to the Paipnent of Anmj Prize- Money. [23■ •' _ . . J ' J ^ . , . shall w disposed ol as troops in the pay or service of his JMajesty or belonging to his ]\Iajestv, but in the pay of the liis Majesty sliall ili- llnited Company of Merchants trading to the East-Indies, or howsoever otherwise paid, of "^^"^ " any fortress or possession of his Majesty's enemies, or of any ship or vessel in any road, river, haven, or creek l)elonging to such fortress or jiossession, and in all cajitures, expeditions, or actions from whicli prize-money, bomity-money, or grant shall arise, the eonnnanilers and other officers, and soldiers engaged therein sjiall iiave such right and interest as his Majesty shall think fit toorder in all the arms, anmumition, storesof war, goods, merchandi/e, bootv, prize, and treasure belonging to the state, or to any public trading company of sucii enemies, uhieh shall Ik' foinid in such fortress or possession, or captured in or granted for any such expedition or action, to be divided in sucii [)roportions, and according to such geni lal ride of distri- bution for the army, as shall be estalilished by his .Majesiv, or in default thereof in sutli manner as his Majesty shall under his sign maiuial be pkased to direct. XXIX. And be it further enacted, that in all conjiuut expeilitions of his Majesty's land In all conjumt ex- ., 1 . If r 1 i'A ii T 1- .■ I' ' n 1 1 • 1* -ri ^i • pcditioiis. after adiiidi- and naval lorces, trom and after tiic adjudication of all and every shij) or vessel, with their I,„,iy„ j,.. „ (^ourt of arms, ammunition, tackle, apparel, and furnitiuv, and all tiie goods, merchandi/e, and other .\dmiraliy, the sliares 358 [2 & 3 Wm. IV. Cap. 98. to the army, as soon as effects on board the same, and of every other matter or thing subject to such adjudication. ov'^^rto'^he'treas''urei^o'f which shall be captured in any road, haven, river, or creek belonging to such fortress or Chelsea Hospital. possession, or otherwise, as lawful prize to his Majesty, in any of his Majesty's Courts of Admiralty or Vice-Admiralty which shall be duly authorized to take cognizance of the same, and which Courts are hereby required to proceed therein to lawful adjudication, the share and proportion of his IMajesty's army, royal artillery, provincial, black, and other troops in the pay of or belonging to his Majesty, or in the pay of the United Company of Merchants trading to the East- Indies, shall, as soon as such shares shall be ascertained, be paid over to the treasurer of Chelsea Hospital, in order that the same may be distributed, subject to the pro- visions, penalties, rules, remedies, and regulations of this Act. The remaining sections of this Act contain various regulations affect- ino- the collection, remittance, and appropriation of the shares of booty assio-ned by the favour of the Crown to the captors. When a claim arises on the part of the Company's troops, it is customary to bring it to the notice of the Crown by petition. For the appropriation of un- claimed shares of prize-money belonging to soldiers and sailors in the service of the East- India Company, see 1 & 2 Geo. 4, cap. 61, and 9 Geo. 4, cap. 50. 2 & 3 GULIELMI IV. Cap. :SCVIII. An Act for regidat'uig the protesting for Non-payment of Bills of Exchange drawn payable at a Place ?iot being the Place of the Residence fifthe Drawee or Draicees of the same. [dth August, 1832.] Bills of exchange Whereas doubts having arisen as to the place in which it is requisite to protest for non- expressed to be paid payment bills of exchange, which on the presentment for acceptance to the drawee or drawees the residence of the shall not have been accepted, such bills of exchange being made payable at a place other than drawee, if not accepte j]jg pj^ce mentioned therein to be the residence of the drawee or drawees thereof, and it is on presentment, may i ' be protested in that expedient to remove such doubts ; be it therefore enacted by the King's most excellent Majesty, paid'to^thrholder""" ^^.V ^"'^ ^^'^'^ *''^ advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that from and after the passing of this Act all bills of exchange wherein the drawer or drawers thereof shall have expressed that such bills of exchange are to be payable in any place other than the place by him or them therein mentioned to be the residence of the drawee or drawees thereof, and which shall not on the presentment for acceptance thereof be accepted, shall or may be, without further presentment to the drawee or drawees, protested for non-payment in the place in wliich such bills of exchange shall have been by the drawer or drawers expressed to be payable, unless the amount owing upon such bills of exchange shall have been paid to the holder or holders thereof on the day on which such bills of exchange would have become payable had the same been didy accepted. 2 & 3 Wm. IV. Cap. 107.] 359 2 & 3 GULIELMI IV. Cap. CVII. An Act for regulating for three Years, and from thence until the end of the then next Session of ParliuDicnt, the care and Treatment of Insane Persons in England. [llth August, 1832.] It has been thought desirable to insert the followino- sections of this Act, with two schedules therein referred to, as affording information indispensable in placing in licensed houses of reception persons having been in the service of the Company who may become afflicted with any form of insanity. The duration of the Act was limited to the end of the Session of Parliament next after the expiration of three years from its passing; but it has been continued by later enactments, as has also an Act passed to amend it (3 & 4 Wm. 4, cap. 64) no part of which it is necessary to insert here. The 1 & 2 Vic, cap. 73, continues both Acts till the 10th August, 1841, and from thence to the end of the then next Session of Parliament. XXVII. And be it further enacted, that no person (not being a parish pauper) shall be Insane persons not 1 • . 1 T 1 i* ii .' r • • .1 . . /• .1 XT •. 1 to be received into a received into any lioiise licensed tor tlie reception ot insane persons in that part of the United licensed house without Kingdom called England, without an order under the hand of the person by whose direction "" order and medical such insane person (1) is sent, which order shall be according to tiie form in schedule (IJ.) an- nexed to this Act, and in it shall be stated the christian and surname, and place of abode, and the degree of relationship or other circumstance of connection between such pcr.son and the in.sane person, and the true name, age, place of residence, former occupation, and the asylum or other place (if any) in which the insane person shall have been previously confined, and whetiicr such person shall have been found lunatic or of unsound mind under a commission issued for that purpose by tlie Lord Ciiancellor or other the person or persons intrusted as aforesaid ; nor shall any such person be received into any such house without a medical certifi- cate of two physicians, surgeons, or ajiothecarics, in the manner directed by this Act ; and if any person shall knowingly and wilfully receive any insane person, or person represented or alleged to be insane, to be taken care of or confined in any house licensed uiuier this Act, without such order and medical certificate, and without making, within tinee clear days after the reception of sucli patient, a minute or entry in writing in a book to be kept for tliat purpose, according to the form in schedule (M.) annexed to this Act, of tiie true name of the patient, and also the christian and surname, occupation, and jilace of abode of the person by whom such patient shall be brougiit, every person so oflending shall be deemed guilty of a misdemeanor. (1) [By section 2 all persons who are idiot, huiatic, or of iinsouiul mind, are declared to be included within the tern^ " Insane Persons."] XXVIII. And be it further eiiacteh:ill l>e traiis|ior- o t) ''-■<1 for life. 364 [3 & 4 Wm. IV. Cap. 41. consist wholly or in part of forging or altering any writing, instrument, matter, or tliino- whatsoever, or of offering, uttering, or disposing of any writing, instrument, matter, or thing whatsoever, knowing tlie same to be forged or altered, or of falsely personating another, then and in each of the cases aforesaid the person so convicted of any sudi offence as aforesaid, or of procuring or aiding or assisting in the commission thereof, shall not suffer death, or liave sentence of death awarded against him, but shall be transported beyond the seas for the term of such offender's life. The '2d section made certain exceptions from the operation of the Act, in respect of forgeries of wills or testamentary writings, and of powers of attorney for the transfer of stock or receipt of dividends at the Bank of England, Sonth-Sea Honse, or Bank of Ireland; bnt the punishment of death was abolished with reference also to these ex- cepted cases, by 7 Wm. 4, and 1 Vic. cap. 84. The same Act left it to the discretion of the Court to sentence the offender to transportation for life, or for any term not less than seven years, or to be imprisoned lor any term not exceeding four years, nor less than two years. It bliali iiotljeneces- III. And in order to prevent justice from being defeated by clerical or verbal inaccuracies, or fac-simiie of fo^^ed ^'^ ^^ enacted, that in all informations or indictments for forging or in any manner uttering any iiistninierts in indict- instrument or writing, it shall not be necessary to set forth any copy or fac-simile thereof, but it shall be sufficient to describe the same in such manner as would sustain an indictment for stealing the same; any law or custom to the contrary notwithstanding. 3 & 4 GULIELMI IV. Cap. XLI. An Act for the better Admiiilstration of Justice in his Majestifs Privy Cuioicil. llAth August, 1833.] 2 &: .'i AV. 4, c. 92. Whereas by virtue of an Act passed in a session of Parliament of the second and tliirti years of the reign of his present Majesty, intituled, " An Act for transferring the Powers of the High Court of Delegates, both in Ecclesiastical and Maritime Causes, to his Majesty in Council," it was enacted, that from and after the first day of February one thousand eight hundred and thirty-three, it should be lawful for every person who might theretofore, by •^j H. 8. c. Ifi. virtue either of an Act passed in the twenty-fifth year of the reign of King Henry the Eighth intitided, "The Submission of the Clergy and Restraint of Appeals," or of an Act passed 8 Eliz c. .5. ill the eighth year of the reign of Queen Elizabeth, intituled, " For the avoiding of tedious Suits in Civil and Marine Causes," have appealed or made suit to his Majesty in his High Court of Chancery, to appeal or make suit to the King's Majesty, his heirs or successors in 3.^4 Wm. IV. Cap. 41.] 363 Council, witliiii sucli time, in sueli manner, and subject to such rules, orders, and regulations for the due and more convenient proceeding, as should seem meet and necessary, and upon such security, if any, as his Majesty, his heirs and successors, should from lime to time by order in Council direct : and whereas by Letters Patent under the great seal of Great Uritain certain persons, members of his Majesty's J'rivy Council, together with others, being Judges and Barons of his Majesty's Courts of Record at Westminster, liave been from time to time appointed to be his Majesty's Commissioners, for receiving, hearing, and determining appeals from his Majesty's Courts of Admiralty in causes of jjrize : and whereas, from the decisions of various Courts of Judicature in the East-Indies, and in the plantations, colonies, and other dominions of his Majesty abroad, an appeal lies to his Majesty in Council : and whereas mat- ters of appeal or petition to his ^lajesty in Council have usually been heard before a Commit- tee of the whole of his Majesty's Privy Council, who have made a report to his jNIajesty in Council, whereupon the final judgment or determination hath been given by his Majesty : and whereas it is expedient to make certain provisions for the more eff'ectual hearing and re- porting on appeals to his ^Majesty in Council and on other matters, and to give such powers and jurisdiction to his Majesty in Council as herein-after mentioned : be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiri- tual and temporal, and Commons in this present Parliament assembled, and by the authority of the same, that the President for the time being of his Majesty's Privy Council, the Lord Certain iieisons to High Chancellor of Great Britain for the time being, and such of the members of his Majes- i^ styled "Tlie Ji'uli- ty's Privy Council as shall from time to time hold any of the offices foUowinn-, that is to say, <=">' Committee of tlu- . . . • . , . . Privy Council." the office of lord keeper or first lord commissioner of the great seal of Great Britain, lord chief justice or judge of the Court of King's IBench, master of the Rolls, vice chancellor of England, lord chief justice or judge of the Court of Common Pleas, lord chief baron, or baron of the Court of Exchequer, judge of the Prerogative Court of the Lord Archbishop of Can- terbury, judge of the high Court of Admiralty, and chief judge of the Court in Bankruptcy, antl also all persons, members of his Majesty's Privy C'oinicil, who shall have been President thereof, or held the office of lord chancellor of Great Britain, or shall have held any of the other offices herein-before mentioned, shall form a conmiittee of iiis Majesty's said I'rivy Council, and shall be styled "The Judicial Connnittee of the I'rivy Council :' provided nevertheless, that it shall be lawful for his Majesty from time to time, as and when he shall think (it, by his sign manual, to appoint any two other persons, being Privy councillors, to be members of the saitl Committee. IL And be it further enacted, that from and after the first clay of June one thousantl Appials fiom Vlee eight hundred and thirty-three all appeals or applications in prize suits and in all other suits bn.ad, kr. to be made or proi'cedings in the Courts of Admiralty, or Vice Admiralty Courts, or any other Court in '" ''"' ^'"f '" Coun. the j)lantations in America and other his ^lajesty's dominions or elsewhere abroad, which may now, by virtue of any law, statute, commission or usage, be made to the high Court of Ailmi- ralty in England, or to the Lords Conunissioners in prize cases, shall be made to his Majesty in Council, and not to the said high Court of Admiralty in England or to such Conunissioners as aforesaid : and such ajjjieals shall be made in the same manner and form and within such time wherein such appeals might, if this Act had not been passed, have been made to the said high Court of Admiralty or to the Lords Conunissioners in prize cases respectively ; and that all laws or statutes now in force with respect to any such appeals or applications shall apply to any appeals to be made in i)in-suance of this Act to his Majesty in Couiuil. III. And he it further enacted, that all ajjpeals or coin|)laints in the natiuv of appeals .\ii m|i|ichI> frum !>eii- whatever, which either by virtue of this Act, or of any law, statute, or custom, may he biougiit [7^,',',"[","j/j|''''i''^ 306 [3&4 Wm.1V. Cap. 4i. Majesty to the Com- before his Majesty, or liis Majesty in Council, from or in respect of the determination, sen- mit ee oiepor ure- j.j^jj^.g^ rule, or order, of any Court, judge, or judicial officer, and all such appeals as are now pending and unheard, shall from and after the passing of this Act be referred by his Majesty to the said judicial Committee of his Privy Council, and that such appeals, causes, and mat- ters shall be heard by the said judicial Committee, and a report or recommendation thereon shall be made to his Majesty in Council for his decision thereon, as heretofore, in the same manner and form as has been heretofore the custom witli respect to matters referred by his Majesty to the whole of his Privy Council, or a Committee thereof (the nature of such report or recommendation being always stated in open Court). No matter to be beard unless in pre- sence of four members of the Committee. V. And be it further enacted, that no matter shall be heard, nor shall any order, report, or recommendation be made by the said judicial Committee, in pursuance of this Act, unless in the presence of at least four members of the said Committee ; and that no report or recom- mendation shall be made to his Majesty, unless a majority of the members of such judicial Committee present at the hearing shall concur in such report or reconnnendation : provided always, that nothing herein contained shall prevent his Majesty, if. he shall think fit, from summoning any other of the members of his said Privy Council to attend the meetings of the said Committee. Evidence may be taken viva voce or upon written deposi- tions. VII. And be it enacted that it shall be lawful for the said judicial Committee, in any mat- ter which shall be referred to such Committee, to examine witnesses by word of mouth, (and either before or after examination by deposition), or to direct that the depositions of any wit- ness shall be taken in writing by the registrar of the said Privy Council, to be appointed by liis jNIajesty as hereinafter-mentioned, or by such other person or persons, and in such manner, order, and course, as his Majesty in Council, or the said judicial Committee shall appoint and direct ; and that the said registrar, and such other person or persons so to be appointed shall have the same powers as are now possessed by an examiner of the high Cotn-t of Chancery, or of any Court ecclesiastical. Committee may or- der any particular wit- nesses to be examined, and as to any particu- lar facts, and may re- mit causes for reliear- ing. VIII. And be it enacted, tliat in any matter which shall come before the said judicial Com- mittee, it shall be lawful for the said Committee to direct that such witnesses shall be examined or re-examined, and as to such facts as to the said Committee shall seem fit, notwithstanding any such witness may not have been examined, or no evidence may have been given on any such facts in a previous stage of tlie matter; and it shall also be lawful for his IVIajesty in Council, on the recommendation of the said Conmiittee, upon any appeal, to remit the matter which shall be the subject of such appeal to the Court from the decision of which such appeal sliall have been made, and at the same time to direct that such Court shall reliear such matter in such form, and either generally or upon certain points only, and upon such rehearing take such additional evidence, though before rejected, or reject such evidence before admitted, as his INIajestv in Council shall direct ; and further, on any such remitting or otherwise, it shall be lawful for his Majesty in Council to direct that one or more feigned issue or issues shall be tried in any Court in any of his Majesty's dominions abroad, for any purpose for w hicli such issue or issues shall to his Majesty in Council seem proper. "Witnesses to be e.v- IX. And be it enacted, that every witness who shall be examined in pursuance of tliis amined on oath, and to ^ . j jj ■ j^jg p,. |^ evidence upon oatli, or if a Quaker or Moravian (1) upon solemn be liable to punish- ' " ' i i T i i • • i i i • i ■ i- • i ment for perjury. affirmation, which oath and affirmation respectively shall be admmistered by the said judicial 3&4Wm. IV. Cap. 41.] 367 Coiiiiiiittee .-111(1 rc'jjistrar, and bv such otlier peison or persons as liis iMajcsty ii) Coimcil, or the saitl judicial Comuiittec, sliall aj)point ; and that every sue!) witness who shall wilfully swear or affirm falsely, shall be deemed guilty of perjury, and shall be punished accordingly. (1) [ Vide 3 & 4 Wm. 4, cap. 82, and 1 & 2 Vic. cap. 77.] X. And be it enacted, that it shall be lawful for the said judicial Committee to direct one Committee may di. or more feigned issue or issues to be tried in any Court of common law, and either at bar, 'ect an issue to try any before a judge of assize, or at the sittings for the trial of issues in London or jMiddlesex, and either by a special or common jury, in like manner and for the same purpose as is now done by the High Court of Chancery. XI. And be it enacted, that it shall be in the discretion of the said judicial Committee to may, in certain eases, direct that, on the trial of any such issue, the depositions already taken of any witness who "'rect depositions to be shall have died, or who shall be incapable to give oral testimony, shall be received in evidence; issue ; and further, that such deeds, evidences, and writings shall be ])roduced, and that such facts shall be admitted, as to the said Committee shall seem fit. XII. And be it enacted, that it shall be lawful for the said judical Committee to make such may make such orders and the like orders resnectino; the admission of persons, whether parties or others, to be "^*° "'« admission of ' o . cvKUTicc as are made examined as witnesses upon the trial of any such issues as aforesaid, as the Lord High Chan- by tlie Court of Chan- cellor or the Court of Chancery has been used to make respecting the admission of witnesses '^"^' upon the trial of issues directed by the Lord Chancellor or the Court of Chancery. XIII. And be it enacted, that it shall be lawful for the said judicial Committee to direct ami may direct new one or more new trial or new trials of any issue, cither generally or upon certain points only ; '"' issues. and that in case any witness examined at a former trial of the same issue shall have died, or have, through bodily or mental disease or infirmity, become incapable to repeat his testimony, it shall be lawful for the said C'onnnittee to direct that parol evidence of the testimony of such witness shall be received. XIV. And whereas by an Act passed in the thirteenth year of his late Majesty King Powers, &c. of 13 George the Third, and intituled, "An Act for establishing- certain Kei,ndations for the P-^?, "■■^,""'' ' ^■ i^ ' ' . ' . , „ l-i <•. 22, witli repard to better Management of the Affairs of the East-India Company, as well in India as in Euro|)e," cinmination of wit- and by an Act passed in the first year of the reign of his present Majesty, and intituled, " An jujji!^|i'j'c'o,','n','it[ec.'''* Act to enable the Courts of Law to order the Examination of Witnesses upon Interrogatories and otherwise,'' certain powers are given to certain Courts therein mentioneil to enforce, and provisions arc made for the examination of witnesses by commission, upon interrogatories and otherwise; be it therefore further enacted, that .-dl the p!)wers and provisions contained in the two last-mentioned Acts, or either of them, shall extend to antl be exerci.sed by the said judicial Connuittee in all respects as if such Committee had been therein named as one of his Majesty's Courts of Law at Westminster. X\'. And belt enacted, that the costs incurred in tin- prosecution of any ap|ieal or matter Coutfi to lie in tlic referred to the .said iudicial Committee, and of such issues as the same Commitnv .shall uniler ''i:";"''"" "f '''^' >■'"'"- this Act direct, shall be ))aid by such jjarty or parties, person or jx-rsons, and be taxed by the aforesaid registrar, or such other person or persons, to be ap|)ointed by his Majesty in Council or the said judicial Committee, and in such manner as the .said Committee shall direct. 3GB [3cS:4\Vm.IV. Cap. 41. Decrees to be en- XVI. And be it further enacted, that the orders or decrees of his jNIajesty in Council made, rolled. j,j pursuance of any recommendation of tlie said judical Conmiittee, in any matter of appeal from the judgment or order of any Court or Judge, shall he enrolled, for safe custody, in such manner, and tlie same may be inspected and copies thereof taken under such regulations as liis Majesty in Council shall direct. lommittee may re- XVII. And be it further enacted, that it shall be lawful for the said Committee to refer fer matters to registrar ^ matters to be examined and reported on to the aforesaid registrar, or to such other in same manner as - , ,, , ■ i i i • m • ■ ^ -i i i • i • i- • i matters are by Court person or persons as shall be appomted by his Majesty ni Council or by the said judicial ol Chancery reterreU (]Q„,u,ittec, in the same manner and for the like purposes as matters are referred by the Court of Chancery to a Master of the said Court ; and that for the purpo.ses of this Act the said registrar and the said person or persons so to be appointed shall have the same powers and autliorities as are now possessed by a master in Chancery. Attendance of wit- XIX. And be it further enacted, that it shall be lawful for the President for the time nesses, and production ),pj,-,o. ^f {]^g gr^\^] Ppiw Council to require tlie attendance of any witnesses, and the production of papers, &c., maybe » - . . ' . . i i i „ • ■ • i i i compelled by subpoena, of any deeds, evidences, or writings, by writ to be issued by such 1 resident m such and the same form, or as nearly as may be, as that in which a writ of subpcsna ad testijicatidum or of subpccna dticcs tecum is now issued by his IVIajesty's Court of King's Bench at Wesminster; and that every person disobeying any such writ so to be issued by the said President shall be considered as in contempt of the said judicial Committee, and shall also be liable to such and the same penalties and consequences as if such writ had issued out of the said Court of King's Bench, and may be sued for such penalties in the said Court. Time ofa]ipeiiling. XX. And be it further enacted, that all appeals to his Majesty in Council shall be made within such times respectively within which the same may now be made, where such time shall be fixed by any law or usage, and where no such law or Usage shall exist, then within such time as shall be ordered by his Majesty in Council ; and that, subject to any right subsisting under any Charter or constitution of any colony or plantation, it shall be lawful for his Majesty ■ in Council to alter any usage as to the time of making appeals, and to make any order re- specting the time of appealing to his IVIajesty in Council. Decrees for Courts XXI. And be it further enacted, that the order or decree of his Majesty in Council on abroad to be carried ^ appeal from the order, sentence, or decree of any Court of justice in the East-Indies, or of into ertect as the King J li _ i ■ • -, r • ■> i ■ • i "i i n i ■ i ■ rr. • in Council shalldirect. any colony, plantation, or other liis Majesty s dominions abroad, shall be carried into effect in such manner, and subject to such limitations and conditions, as his Majesty in Council shall, on the recommendation of the said judicial Committee, direct ; and it shall be lawful for his INIajesty in Council, on such recommendation, by order, to direct that such Court of justice shall carry tlie same into effect accordingly, and thereupon such Court of justice shall have the same powers of carrying into efl'ect and enforcing such order or decree, as are possessed Act not to abridge by or are hereby given to his Majesty in Council ; provided always, that nothing in this powers of Privy Couii- ^^.j contained shall impeach or abridge the powers, jurisdiction, or authority of his Majesty's Privy Council as heretofore exercised by such Council, or in anywise alter the constitution or duties of the said Privy Council, except so fur as the same are expressly altered by this Act, and for the purposes aforesaid. His Majesty may XXII. And whereas various appeals to his Majesty in Council from the Courts of Suddcr dir.ct the East-India pg^-anny AdawUit at the several presidencies of Calcutta, Madras, and Bombay in the East- Company to bring on J ■ , . , ^ i i • /> i v ■ i appeals from the Sud- Indies, have been admitted by the said Courts, and the transcript of the proceedings in appeal 3 c^ 4 Wm. IV. Cap. 41.] 3G9 have been from time to time transniitteil under the seal of the said Courts, through theT'nited r in C'ouncil, dated lOth April, 18."38, the mini/iinifi iiniount l()r vvliicli an appeal Irom any Courl in India maybe i)refen-ed a.s a matter of" right, is fixed at 1 (),000 Company's rupees.] XXVIII. And be it enaclid, that the said judicial ( 'oiiiinittce shall have and cnjov in all Tower of enforcing respects such and tlie same jjowcr of jxmisiiing tonleiupts and of coiiipiUmg appearances, and ''^''■■'"''''*- that his I\I;ijesty in Council shall ha\ i' and enjoy in all ivspects sucii and the same powers of I uforciiig judgments, decrirs, and orders, as are now cxercisi'd by the High Court of C haiiccry or the Court of King's Hcnch (and both /;/ pcr.wiKini and iu ixiti), or as are giMii to any Court ecclesiastical by an .\ct of Parliament passed in a session of Parliament of tlu- second and third years of the reign of his present Majesty, intituled, " An Act for enforcing ■> (<. .) w . i, e. !):{. 3b 370 [3 & 4 Wm. IV. Cap. 49. the Process upon Contempts in the Courts Ecclesiastical of England and Ireland ;" and that all such powers as are given to Courts Ecclesiastical, if of punishing contempts or of com- pelling appearances, shall be exercised by the said judicial Committee, and if of enforcing decrees and orders shall be exercised by his Majesty in Council, in such and the same manner as the powers in and by such Act of Parliament given, and sliall be of as much force and effect as if the same had been thereby expressly given to the said Committee or to his Majesty in Council. Retired Judges at- XXX. And be it enacted, that two members of his Majesty's Privy Council who shall Com'imttee "to deceive '^^^^ ''^^'^ ^''^ office of judge in the East-Indies or any of his ^Majesty's dominions beyond the an allowance. seas, and wlio, being appointed for that j)urpose by his Majesty, sliall attend the sittings of the judicial Committee of the Privy Council, shall severally be entitled to receive over and above any annuity granted to them in respect of having held such office as aforesaid, the sum of four lumdred pounds for every year during which they shall so attend as aforesaid, as an indemnity for the expense which they may thereby incur; and such sum of foiu- hundred pounds shall be chargeable upon and paid out of the consolidated fund of the United King, dom of Great Britain and Ireland. 3 &4GULIELMI IV. Cap. XLIX. Ak Act to allow Quakers and Ifoirtvians to make Affirmation in all Cases where an Oath is or .shall be required. - [2%th August, 1S33.] Whereas it is expedient and reasonable that the solenm affirmation of persons of the per- suasion of the people called Quakers, and of IMoravians, should be allowed in all cases where an oath is or shall be retpiired ; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that every person of Quakers and Bio- the persuasion of the people called Quakers, and every IMoravian, be permitted to make his ravians permitted to qj. ],yj. solemn affirmation or declaration, instead of taking an oath, in all places and for all make a solemn affirma- • i • i i i i i tion or declaration in- purposes whatsoever where an oath is or shall be required either by the common law or by stead of an oath. ^^^^ ^^.j ^f Parliament already made or hereafter to be made, which said affirmation or decla- ration shall be of the same force and eftect as if he or she had taken an oath in the usual Penalty on affirming form ; and if ally such person making such solemn affirmation or declaration shall be lawfully or declaring falsely. convicted wilfully, falsely, and corruptly to have affirmed or declared any matter or thing, which if the same had been in the usual form would have amounted to wlful and corrupt perjury, he or she shall incur the same penalties and forfeitures as by the laws and statutes of this realm are enacted against persons convicted of wilful and corrupt perjury, any law, statute, or custom to the contrary notwithstanding : provided always, that every such affir- mation or declaration shall be in the words following; (that is to say,) Form of declaration. " I, ^- H., being one of the people called Quakers [or one of the persuasion of the " peojile called Quakers, or of the United Brethren called IMoravians, as the case may " be], do solemnly, sincerely, and truly declare and affirm." 3&4 W.M.IV. Cap. 52.] 371 The 3 & 4 Win. 4, cap. 82, allows the people called " Separatists" to make a solemn affirmation and declaration instead ol" an oath. The 1st and 2d Vic. cap. 77, permits an affirmation to be made instead of an oath by persons having been Quakers or JNIoravians, although they may have ceased to belong to those denominations. 3 & 4 GULIELMI IV. Cap. LII. An Act for the general Regulation of the Customs. [28t/i August, 1833.] Several sections of this Act contain provisions specially relating to the trade of the East-India Company ; but these being necessarily in- operative during the suspension of that trade, are omitted. Those pro- visions which prescribe the modes of proceeding in the Customs depart- ment, and which constitute the larger portion of the Act, are also omitted, as well as others of local or particular a})plication. I\'. And be it furtlier enacted, that before any sliip shall be cleared out or depart from any To be produceil to place in any of the British po.ssessions abroad, or from any place in China, with any goods for office* '" colonics, &c. the United Kingdom or for the Isle of I\[an, the master of such ship shall produce the mani- fest to the collector or controller of the Customs, or other proper odicer, who shall certify upon the same the date of the production thereof to him : provided always, that in all places within the territorial possessions of the East- India Conipauy the servant of the said Company by whom the last despatches of such ship shall be ilelivered shall be the proper officer to authenticate the manifest as aforesaid ; and in all places in China the chief supercargo (1) of the said Company shall be the proper officer for such j)urpose. (I) [The Company have now no establishment in China.] After some provisions regulating the mode of granting abatenuMit of duties on account of damage, the Ibllowing occius. XXXII. Provided always, and be it further enacted, tliat no abatement of duties shall be j^-^ .,|,„„,,„^,,„ ,or made on account of anv dauiage received by any of thf sorts of goods herein-ufter euunierated ; coriain goods, (that is to say,) Cocoa, IVpper, Figs, I>emons, Coffee, Currants, Tobacco, and Wine. Oranges, Ilaisins, a H 2 372 [3&4WM.IV. Cap. 52. In reference to the section following, it is proper to remark that some variation exists between its provisions and those on the same subject in 6 & 7 Wm. 4, cap. 26, which Act was renewed by 7 Wm. and 1 Vic. cap. 27, 1 & 2 Vic. cap. 33, 2 & 3 Vic. cap. 21, and 3 & 4 Vic. cap. 23. Ceitiiicito of sugar XXXVIII. And be it further enacted, tliat before any sugar sliall be entered as being tlie from limits of Charter; pj-oduce of any Britsh possession within tlie limits of the East-India Company's Charter, the master of the ship importing the same shall deliver to the collector or controller a certificate imderthe hand and seal of the proper officer at the place where such sugar was taken on board, testifying that oatli had been made before him, by the shipper of such sugar, that the same blaster to declare to was really and bond fide the produce of such British possession ; and such master shall also curtificatc. make and subscribe a declaration before the collector or controller, that such certificate was re- ceived by him at the place where such sugar was taken on board, and that the sugar so im- ported is the same as is mentioned therein. Importation direct. XLVIII. And he it further enacted, that no goods shall be deemed to be imported from aiiv particular place unless they be imported direct from such place, and shall have been there laden on board the importing ship, either as the first shipment of such goods, or after the same shall have been actually landed at such place. I'rohibitioii- ami vv- LN'III. And l)e it further enacted, that the several sorts of goods enumerated or described moilitieT "'''"'"" "' i" '^'>'' t^i^le following, denominated, " A Table of Prohibitions and Restrictions Inwards," shall either be absolutely prohibited to be imported into the United Kingdom, or shall be im- j)orted only under the restrictions mentioned in such table, according as the several sorts of such goods are respectively set forth therein ; (that is to say,) A TABLE OF PROHIBITIONS AND RESTRICTIONS INWARDS. A List of Goods ausolutely Pkohibitkd to be Imported. Arms, ammunition, and utensils of war, by way of merchandize, except by license from iiis Majesty, for fiu-nishing his Majesty's public stores only. Books ; t3iz. first composed or written or printed in the L^nited Kingdom, and printed and rejirinted in any other coimtry, imported for sale, except books not reprinted in the United King- dom within twenty years ; or being parts of collections, the greater parts of which hail been composed or written abroad. Clocks and watches of any metal, impressed with any mark or stamp appearing to be or to re- present any legal Britisii assay, mark, or stamp, or purporting by any mark or appear- ance to be of the manufacture of the United Kingdom, or not having tlic name and place of abode of some foreign maker abroad visible on the frame and also on the face, or not being in a complete state, with all the parts properly fixed in the case. 3&4 Wm.1V. Cap. 52.] 373 Coin, vix. False money or counterfeit sterling. Silver, of the realm, or any money 'purporting to be suili, not being of tlie cstablisiied standard in weight or fineness. Gunpowder ; except by licence from his Majesty, such licence to be granted for the furnishing his Majesty's stores only. * * # * * * * Snuft'-work. ******* Tobacco stalks stripped from tlie leaf, whetlier manufactured or not. Tobacco stalk flour. List of Goods subject to ceutaix Restrictions on Ijipoutatiox. J., ;(.***• # East-India ; goods of places within the limits of tlie East-India Company's Charter, unless into such ports as shall be approved of by the Lords of the Treasury, and declared by order in Council to be fit and proper for such importation. Gloves of leather, unless in ships of 70 (1) tons or upwards, and in packages containing 100 dozen pair of such gloves. Hides, skins, horns, or hoofs, or any other part of cattle or beast, his Majesty may by order in Council prohibit, in order to prevent any contagious distemper Parts of articles ; vi.r. Any distinct t)r separate ])art of any article not accompanied by the other part or all the other parts of such article, so as to be complete and perfect if such article ])e subject to duty according to the value thereof. Spirits, not being perfumed or medicinal spirits; vix, ■ .\11 spirits, unless in ships of 70 (1) tons or upwards. Rum of and from the British plantations, if in casks, unless in casks containing not less than 20 gallons. (2) ******* Tobacco and snuft"; vix. l^nless in a ship of the burthen of 120 tons or upwards. Segars, unless in packages containing 1001b>. weight of segars. -Ail other tobacco anil sinifl', unless in Jiogsheads, casks, chests, or cases, each of which shall contain of net tobacco or snull" at least lOOIbs. weight if from the East- Indies, * « # * f *r .,,,,1 ,„,j packed in bags or ])ackages within any such hogsheati, cask, chest, oi- case, nor separateil nor divided in any manner whatever, except tobacco of the dominions of the Turkish empire, which may lie packed ill inward bags or packages, or separated or divided in any manner within tin- outward package, provided such outward package be a hogshead, cask, chest, or case, and contain * * * '/! and unless the particular weight of tobacco or snuff in eacii hogshead, cask, chest, or ca;e, with the tare of the same lie marked then'on. 374 [3 & 4 W.M. IV. Cap. 52. Tobacco and SiuifF — contiiiued. and unless into the ports of I^ondon, Liverpool, Bristol, Lancaster, Cowes, Fiilmoutli, Whitehaven, Hull, Port Glasgow, Greenock, Leith, Newcastle-upon-Tyne, Plymouth, Belfast, Cork, Drogheda, Dublin, Galway, Limerick, Londonderry, Newry, Sligo, Waterford, and "Wexford. or into some other port or ports which may hereafter be appointed for such purpose by the Lords Commissioners of his Majesty's Treasury : such appointments in Great Britain being published in the London Gazette, and such appointments in Ireland being published in the Dublin Gaxette. but any ship wholly laden with tobacco may come into the ports of Forfeiture. Cowes or F'ahnouth, to wait for orders, and there remain fourteen days, pro- vided due report of such ship be made by the master with the collector or con- troller of such port. And if any goods shall be imported into the United Kingdom contrary to any of the prohi- bitions or restrictions mentioned in such table in respect of such goods, tlie same shall be for- feited. (1) [By 6 & 7 Wm. 4, cap. 60, sec. 5, goods the importation of which was previously restricted to vessels of 70 tons burden, may be imported in vessels of 60 tons.] (2) [By <6 tk 1 Wm. 4, cap. 60, sec. 4, all spirits may be imported in casks of not less than 20 gallons.] LIX. Provided always, and be it further enacted, that any goods, of whatsoever sort, may be imported into the United Kingdom to be warehoused under the regulations of any Act in force for the time being for the warehousing of goods, without payment of duty at the time of the first entry thereof, or notwithstanding that such goods may be prohibited to be imported into the United Kingdom to be used therein, except the several sorts of goods enu- merated or described in manner following ; (that is to say), goods proliibited on account of the package in which they are contained, or the tonnage of the ship in which they are laden ; tea and woods from China in otiier than British ships, or by other persons than the East-India Company during the continuance of their exclusive privileges of trade ; (1) gunpowder, arms, ammunition, or utensils of war; dried or salted fish, not being stock fish ; (2) infected hides, skins, horns, hoofs, or any other part of any cattle or beast ; counterfeit coin or tokens ; books first composed or written or printed and published in tlie United Kingdom, and re- printed in any other country or place; copies of prints first engraved, etched, drawn, or desio-ned in the United Kingdom ; copies of casts of sculptures or models first made in the United Kingdom ; clocks or watches, being such as are prohibited to be imported for home use. (1) [The trade with China is now open under 3 & 4 AVm. 4, cap. 93.] (■2) [Repealed as to Salted and Dried Fish by 1 & 2 Vict. cap. 113, sec. 7.] Terms used in Acts. CXIX. And in order to avoid the frequent use of numerous terms and expressions in this Act, and in otlier Acts relating to the Customs, and to jirevent any misconstruction of the But goods may be warehoused for expor- tation only, although prohibited. Exceptions. 3&4"SVm.IV. Cap. 52.] 375 terms and expressions used therein ; be it furtlier enacted, that whenever the several terms or expressions followin;^ sliall occur in this Act, or in any oilier Act relating to the Customs, or to trade and navigation, the same shall be construed respectively in the manner herein-after directed ; (that is to say), that the term " ship " shall be construed to mean ship or vessel generall}', imless such term shall be used to distinguish a ship from sloops, brigantines, and other classes of vessels ; that the term " master " of any ship shall be construed to mean the person having or taking the charge or command of such ship; that the term "owners" and the term "owner " of any ship shall be construed alike to mean one owner, if there be only one. and any or all the owners, if there be more than one ; that the term " mate "' of any ship shall be construed to mean the person next in command of such ship to the master thereof; that the term " seaman " shall be construed to mean alike seaman, mariner, sailor, or landsman, being one of the crew of any ship ; that the term " British Possession " shall be construed to mean colony, plantation, island, territory, or settlement belonging to his Majesty ; that the term "His Majesty " shall be construed to mean his Majesty, his heirs and successors ; that the term " East-India Company " shall be construed to mean the United Company of Mercliants of Eng- land trading to the East-Indies; that the term " limits of the East-India Company's Charter'' shall be construed to mean all places and seas eastward of the Cape of Good Hope to the Straits of Magellan : that the terms " collector and controller" shall be construed to mean the collector and controller of the Customs of the port intended in the sentence; that wiienever mention is made of any public officer, the officer mentioned shall be deemed to be such officer for the time being ; that the term " warehouse " shall be construed to mean any place, whether house, shed, yard, timber pond, or other place in which goods entered to be warehoused upon importation may be lodged, kept, and secured without payment of duty, or although prohibited to be used in the United Kiii'rdom ; tiiat the term " Kino's warehouse" shall be construed to mean any j)lace provided by the Crown for lodging goods therein for security of the Customs. Sliip. Master. Owner or owners. Mate. Seaman. Uritisli possession. His Majesty. East India Com- pany. Charter. f'ollector and con- troller. Orticcr. Warehouse. King's Warehouse. CXX. And be it further enacted, tliat the island of Malta and its dependencies shall be deemed to be in Europe. Miilta in Europe. CXXVII. And be it further enacted, that the tonnage or bin-then of every British ship Tonnage or burden within tile meaning of this Act shall be the tonnage set forth in the certificate of registry of ^ ''"' ''^ '""'■'• such ship, and tliat the tonnage or burthen of every other ship shall, for the purposes of tiiis Act, be a.scertained in the same maimer as the tonnage of British ships is ascertained. CXX\'III. And be it further enacted, that it shall be lawful for tiic officers of Customsat Orticcts may refuse any port under British dominion where there shall be a collector and controller of the Customs ',","ess indorsed on re- to refuse to admit any person to do any act at such port as master of any British ship, unless gister. his name .shall be inserted in or have been indorsed upon the certificate of registry of such ship as being the master thereof, or until liis name shall have been so indorsed by such collector and controller. 376 [Sc'v^Wm.IV. Cap. .J4. 3 & 4 GULIELMI IV. Cap. LIV. An Act f 01- t/ie E)iCQiiragcme)it of British Shipping and Navigation. [2%th August, 1833.] 6 G. 4, c. 109. ■\^'lle^eas an Act was passed in the sixth year of the reinn of his late Majesty King George the Fourtii, intituled, " An Act for tiie Encouragement of British Shipping and Navigation," whereby the laws for tiie encouragement of British shipping and navigation were consolidated and amended : and whereas since the passing of the said Act divers Acts for the further amendment of the law have been found necessary, and it will be of advantage to the trade and commerce of the country that the said Acts should be consolidated into one Act; be it there- fore enacted by the King^s most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and Commencement of by the authority of the same, tliat tliis Act shall commence upon the first day of September, one thousand eight hundred and thirty-three, except where any other commencement is herein particularly directed. The second section refers to goods the produce ol" Europe. Places from wliicli III. And be it further enacted, that goods, the produce of Asia, Africa, or America, shall A"fncaf*"oi^ \merica "'''• ^^ imjTOVted from Europe into the United Kingdom, to be used therein, except the goods may be imported. herein-after mentioned ; (tliat is to say,) Goods, the ]iroduce of the dominions of the Emperor of Morocco, which may be imported from places in Europe within the Straits of Gibraltar : - Goods, the produce of Asia or Africa, which (having been bi'ought into places in Europe within the Straits of Gibraltar, from or tlirougli jilaces in Asia or Africa within those Straits, and not by way of the Atlantic Ocean) may be imported from places in Europe within the Straits of Gibraltar : Goods, the produce of places within the limits of the East-India Company's Charter, wliich (having been imported from those places into Gibraltar or Malta in British ships) may be imported from Gibraltar or IVIalta : Goods taken by way of reprisal by British ships : Bullion, diamonds, pearls, rubies, emeralds, and other jewels or precious stones. Ships in whicli only IV. And be it further enacted, that good.s, tiie produce of Asia, Africa, or America, shall or Anierica^,'^may"'iR' ""*• ^^^ imported into the United Kingdom, to be used therein, in foreign ships, unless they be imported. the ships of the country in Asia, Africa, or America, of which the goods are the produce, and from which tliey are imported, except the goods herein-after mentioned; (that is to say), Goods the produce of the dominions of the Grand Seignor, in Asia, or Africa, which may be imported from his dominions in Europe, in shij)s of his dominions : Raw silk anil mohair yarn, the produce of Asia, which may be imported from the dominions of the Grand Seignor in the Levant Seas, in ships of iiis dominions : Bullion. In reference to the two preceding sections see 1 & 2 Vict. cap. 113, sec. 30. 3&4W.M.IV. Cap. 54.] 377 V. Provided always, aiidbe it furtluM- enacted, tliat all inanufactiired goods shall be deemed -Manufacture deemed to be the produce of tlie country of which they are the manufacture. '"^° Section 6, as well as sections 8 and 9, are omitted as unnecessary. VII. And be it further enacted, tiiat no giwds sliall be exported from the United Kingdom Exports to Asia, &c. to any British possession in Asia, Africa, or America, nor to tiie islands of Guernsey, Jersey, ""'' '° Ouemsey, &c. Alderney, Sark, or Man, except in Britisli siiips. X. And be it further enacted, that no goods shall be carried from any British possession Between liritish pos- in Asia, Africa, or .America, to any other of such possessions, nor from one part of ativ of such ^*^^"'"* '" -^sm, &c. possessions to another ])art of the same, except in British ships. XI. xVnd be it fui'tiicr enacted, that no goods shall be imported into any British possession Imports into British in Asia, Africa, or America, in any foreign ships, unless they be ships of the country of P°^^'^^*'o"5 "> Asia, which the goods are the produce, and from which the goods are imported. XII. And be it further enacted, that no ship shall l)e admitted to be a British ship, unless No ship British, un- duly registered and navigated as such ; and tiiat every Britisii registered sliip (so long as the l^gateTasTuch""'' "^" registry of such sliip shall be in force, or the certificate of such ivgistry retained for the use of such shij;) shall be navigated during the whole of every voyage (whether with a cargo or in ballast), in every part of tiie world l)y a master who is a Britisii subject, and by a crew', whereof three-fourtiis at least are British seamen ; and if such ship be employed in a coasting voyage from one part of the United Kingdom to another, or in a voyage between the United Kingdom and the islands of Guernsey, Jersey, Alderney, Sark, or Man, or from one of the said islands to another of them, or from one part of cither of tliem to another of the same, or be employed in fishing on the coasts of the United Kingdom or of any of the said islands, tlien the whole of the crew shall be British seamen. The thirteenth section provides for the adniis.sion of vessels inuler fifteen tons l)urdcn to the navigation of rivers and coast-wise, although not registered, and for the employment without registration of" vessels not exceeding thirty tons biuxlen in the colonial fisheries. The Ibiu-teeiith section relates to ships built, at Honduras. XV. And be it further enacted, that no ship shall lie admitted to be a sliip of aiiv narti- ... , , ■ 1 1 1 1 i- 1 1 •! 1 /■ 1 .' 1 " bhiji ol any fori'ijjii cular country, unless she be ot the build of such country ; or have been made ])rizeof war to louniry to be of the such country; or have been forfeited to such country under .-my law of the same, made for ^"vh cL^ZruTm. the prevention of the slave trade, and condemned as sucli prize or forfeiture bv a comue- ''^li-''"iit. liiui mvneil tent Court of sncli country ; or be British built (n..t having lieen a prize of war from Hritish jm. i i i ti i i each; except' British as ])art of the crew, in any part of the world, any foreign seamen not allowed bylaw, the seamen cannot be ])ro- ni^ster or owners of such ship shall for every such foreign seaman forfeit the sum of ten cured m Jorei;^Ti ports, ^ * Jo or in India; oriMopor- pounds : provided always, that if a due proportion of British seamen cannot be procured in aWyl'^an'd'^certmcate "".^' ^"I'^ig" port, or in any place within the limits of the East-India Company's Charter, for 3&4 W.M. IV. Cap. 55.] 379 the navigation of any Rritisli ship; (1) or if such proportion be destroyed during the voyage pioihiceii or proof by any unavuidable circumstance, and the master of such ship shall ])roduce a certificate of """^• such facts under the hand of any British consul, or of two known British merchants, if there be no consul at the place where such facts can be ascertained, or from the British governor of any place witliiu the limits of the East-India Company's Charter; (1) or in the want of such certificate, shall make proof of the truth of such facts to the satisfaction of the collector and controller of the Customs of any British port, or of any person authorized in any other part of the world to inquire into the navigation of such ship, the same shall be deemed to be duly navigated. (1) [See also 4 Geo. 4, cap. 80, sec. 22.] XX. And be it further enacted, that if his Majesty shall, at any time by his royal procia- Proportion of sea. mation, declare that the proportion of British seamen necessary to the due navigation of ""^iimay be altered by , . , .... proclauiatioii. British shi|)s shall be less than the proportion required by this Act, every British ship navi- gated with the proportion of British seamen required by such proclamation shall be deemed to be duly navigated, so long as such proclamation shall remain in force. XXI. Provided always, and be it further enacted, that goods of any sort or the produce of Goods ))roliibited any place, not otherwise prohibited than by the law of navigation hereiu-before contained, °"'y \'y n:i^ii;"t'on 'ijw I . 1 • 1 1 /. • T. • ■ 1 1 • 1 J- "'"y '"■ ""ported for may be nnported into the United Kingdom from any place in a British ship, and from any exportation. place not being a British possession in a foreign ship of any country, and however navigated, to be warehoused for exportation only, under the provisions of any law in force for the time being, made for the warehousing of goods without payment of duty u])on the first entry thereof. XXII. And be it fiu-ther enacted, that if any goods be ini])orted, exported, or carried Forfeitures how in- coastwise, contrary to the law of navigation, all such goods shall be forfeited, and the master o'^td. of such ship shall forfeit the sum of one hundred pounds. XXIII. And be it further enacted, that all penalties and forfeitures incurred under this Uecorery of forfei- Act shall be sued for, prosecuted, recovered, and disposed of, or shall be mitigated or restoreil, '"'^*'" in like manner as any j)enalty or forfeiture can be sued for, prosecuted, recovered, and dis- posed of, or may be mitigated or restored, iiniler an Act passed in the present session of Parliament for the prevention of smuggling. XXIV. And be it fiwther enacted, that this .\ct may be altered, vai'ied or repealed, by .^et may be altered any Act or Acts to be passed in this present session of Parliament. ^'^ session. 3 & 4 GULIELIMI IV. Cap. LV. An Act for (he i-cgi.sfcri//!j; of Brhlsli Vessels. [28f// Aitgud, 1S33.] Sliips or vessels built in any jiorts in the territories inider the Govern- ment of the East-India Company, beiji^' owned by Ihitish subjects and 380 [3 lSc 4 \Vm. IV. Cap. oo. registered in the manner provided by this Act, are entitled to all the privileges and advantages of a British registered ship: see preamble to 3 & 4 Vic, cap. 56. With respect to ships trading only within the limits of the Charter, see 55 Geo. 3, cap. 116, sec. 3; 3& 4 Wm. 4, cap. 59, sec. 84 ; and 3 & 4 Vic. cap. 56. It will be seen, by section 3 of this Act, that the servants of the East-India Company may be required to discharge the duties which it prescribes with regard to the registration of vessels. 6 G. 4. c HO. Whereas an Act was passed in the sixth year of the reign of his late Majesty King George the Fourth, intituled, " An Act for the Registering of British Vessels," whereby the laws in relation to the registration of British vessels were consolidated and amendeil : and v.hereas since the passing of the said Act divers Acts for the furtiier amendment of the law have been found necessary, and it will be of adxantage to the trade and connnerce of the country that the said Acts should be consolidated into one Act : be it therefore enacted by the King's most excellent IMajesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the Coiiiiiieucement of same, that this Act shall commence upon the first day of September one thousand eight A*^'- hundred and thirty-three, except where any other comniencenient is herein particularly directed. No vessel to enjoy II. And be it further enacted, that no ship or vessel shall be entitled to any of the jirivi- pnvileges until regis- j^g^g m. advantages of a British-registered ship unless the person or persons claiming ]5roperty therein shall have caused the same to have been registered in virtue of the said Act, or of an 4- G.4, c. 41. Act passed in tlie fourth year of his said late Majesty's reign, intituled, " An Act for the Registering of British Vessels," or until such person or jjcrsons siiall have caused the same to be registered in manner herein-after mentioned, and shall have obtained a certificate of such registry from the pei'son or persons authorized to make sucli registry and grant such certificate as herein-after directed ; the form of which certificate shall be as follows : videlicet, I'orni of certificate " Tills is to certify, that in pursuance of an Act passed in the fourth year of the reign "^°"' '^^' " of King William the Fourth, intituled, Ati Act [here insert the title of thin Act, the " names, occupations, and residence of the subscribitig owners^, having made and sub- " scribed the declaration required by the said Act, and having declared that [he or tliey] " together with [names, occupations, and residence of no7i-subscrihijig owners^ [is or " are] sole owner or ownei-s, in the proportions specified on the back hereof, of the ship " or vessel called the [slap's 7iame] of [place to ivhich the vessel belongs], wiiicli is of " the burthen of [nuwber of tons], and whereof [master's 7iame] is master, and that the " said ship or vessel was [w/ien and where built, or condemned as prize, referring to " bzdlder's certi^ficate, judge's certificate, or certificate of last registry, then deliceied " %ip to be cancelled], and [7iame and employment of surveying officer] having certified " to us that the said .ship or vessel has [ntimber] decks and [riumber] masts, that her " length from the fore part of the main stem to the after part of the stern post aloft is " [^number of feet and inches], her breadth at the broadest part [stating whether thai " be above or below the mahi wales] is [number of feet and inches] her [height between " deckx if more than one deck, or depth in the hold if only one deck] is [numler of fed 3&4WM.1V. Cap. 55.] 3^1 " and /wcAc.v], that slie is yiunc ih/ijed] ri<>oed witli a [xf(irtdin(j or riDinitig] bowsprit, " is [description of xferfi] stt'nK'iI, [carvel or clinc/ier] built, lias [whether a?iy or ?io] " gallery, and [kind of head, if any] bead ; and the said subscribing owners having con- " sented and agreed to the above description, and having caused sufficient security to be " given as is required by tiie said Act, the said ship or vessel called the [?2«Hie] has been " duly registered at tiie port of [name of port]. Certified under our bands at the Cus- " toni-house in the said port of [name of ])orf] this [rf«/e] day of [name of mnnth] in " the year [tcords at length]. " [Signed] Collector. " [Signed] Controller." And on the back of such certificate of registry there shall be an account of the ])arts or shares held by each of the owners mentioned and described in such certificate, in the form and manner following : " Names of the several Owners i Number of Sixty-fourth Shares within nientionetl. | held by each Owner. » [Name " [Name " [Name " [Name [Signed] [Signed] Thirty-two. Sivteen. Eight. Eight.] Collector. Controller." III. And be it further enacted, tliat the persons authorized and lequired to make such registry anil grant sucli certificates shall be the several persons herein-after mentioned and described; (that is to say,) The collector and controller of his Majesty's Customs in any port in tlie United Kingdom of Great liritain and Ireland, and in the Isle of Man respectively, in respect of siiips or vessels to be tliere registered : The principal officers of his Majesty's Customs in the Island of Guernsey or .Jersey, togetiiei- with the governor, lieutenant-governor, or commander-in-chief of those islands respectively, in respect of ships or vessels to be there registered : The collector and collector of his Majesty's Customs of any port in the British jjossessions in Asia, Africa, and America, or the collector of any such jwrt at which iio appointment of a controller has been made, in respect of ships or vessels to be tliere registered : The collector of duties at any port in the territories under tlu' govcrnnient of the F.ast-India Company, within the limits of the Cliarter of the said Conij)any, or any other person of tile rank in the said Company's service of .senior merchant, or of six years' standing in thi' said service, being respectively appointed to act in the execution of this Act by any of th • governments ol' tlu' said Companny, in respect of ships or vessels to be there regislend : The collector of duties at any Uritish possession witliin the .s;iiil limits, anil not luulrr ihc government of the .said Company, and at wiiieh a custoni-iiouse is not established, together with the governor, lieutenant-governor, or eomniander-in-chief of such possession, in respect of ships or vi's.sels to he tliere registered : The governor, lieutenant-governor, or coimnandir-in-iiiief of Alalia, Gibraltar, Ileligciand. andCaj)e of Good Hope, respectivelvi in respect of >iii|)s or vessels to be tiiere registered : Persons iiuthurizi-d to iimke rt'i^istry and (jrant certificates. In L'niteil Kinplom and Isle of Man : In Guernsey, &c. : Iji colunies in Asia, .Mrica, and .\mcrica : In territories of E.I. Conijmny ; III olliir i)laers williiii Innits of the Clinrter: In Malta, (Ml>rnllar, JVC. 382 [3.^ 4 W.M. IV. Cap. 55. Limitation as to ves- Provided always, that no sliip or vessel to be registered at Heligoland, except siicii as is ta, Gibraltar or Heli- wholly of the built of that place, and that ships or vessels, after having been registered at g°''»"'^- Mtdla, Gibraltar, or Heligoland, shall not be registered elsewhere; and that ships or vessels registered at ]\Ialta, Gibraltai", or Heligoland, shall not be entitled to the privileges and advantages of British ships in any trade between the said United Kingdom and any of the Certain powers of British ])ossessions in America : provided also, that wherever in and by tliis Act it is directed collectors and control- ^j, pj-oyj^jg^i jij^t any act, matter, or thing shall and may be done or performed by, to, or ^vith exercised in certain any collector and controller of his Majesty's Customs, the same shall or may be done or per- '^^^^*' formed by, to, or with the several persons respectively herein-before authorized and required to make registry, and to grant certificates of registry as aforesaid, and according as the same act, matter, or thing is to be done or performed at the said several and respective places, and Powers of Con-, mis- within tlie jurisdiction of the said several persons respectively; provided also, that wherever UnS Kiimlom'^hen ^" ''^"'^ ^->' *'"* ^'"^ ^^ '* directed or provided that any act, matter, or thing sliall or may be to governors, &c. done or performed by, to, or with the Commissioners of his ^Majesty's Customs, the same shall or may be done or performed by, to, or with the governor, lieutenant-governor, or commander- in-chief of any place where any ship or vessel may be registered under the authority of this Act, so far as such act, matter, or thing can be applicable to the registering of any sliip or vessel at such place. Ships exercising pri- IV. And be it further enacted, that in case any ship or vessel not being duly registered, vileges before registry ^^^^ ^^^ having obtained such certificate of registry as aforesaid, shall exercise any of the privileges of a British ship, the same shall be subject to forfeiture, and also all the guns, furniture, ammunition, tackle, and apparel to the same ship or vessel belonging, and shall but not to affect ves- and may be seized by any oflScer or officers of his Majesty's Customs : provided always, that Trevimis'Tc^'^ ""^^'" nothing in this Act shall extend, or be construed to extend, to affect the privileges of any ship or vessel whicli shall prior to the commencement of this Act have been registered by virtue of an Act passed in the sixth year of the reign of his late "Majesty King George the Fourth, intituled, " An Act for the Registering of British Vessels." What ships are enti. V". And be it further enacted, tliat no ship or vessel shall be registered, or having been ° ■ registered shall be deemed to be duly registered, by virtue of this Act, except such as ai-e wholly of the built of the said United Kingdom, or of the Isle of ]Man, or of the Islands of Guernsey or Jersey, or of some of the colonies, plantations, islands, or territories in Asia, Africa, or America, or of IVIalta, Gibraltar, or Heligoland, which belong to his Majesty, his heirs or successors, at the time of the building of such ships or vessels, or such ships or vessels as shall have been condemnetl in any Court of Admiralty as prize of war, or such ships or vessels as shall have been condemned in any competent Com-t as forfeited for the breach of the laws made for the prevention of the slave trade, and whicli shall wholly belong and continue wholly to belong to his Majesty's subjects duly entitled to be owners of ships or vessels registered by virtue of tliis Act. The sixtli section regulates the issue of Mediterranean passes to ships belonging to JNIalta or Gibraltar. Foreign repairs not VII. And be it further enacted, that no ship or vessel shall continue to enjoy the jirivi- to exceed 20s. per ton. j^^^^ ^^ ^ British ship after the same shall have been repaired in a foreign country, if such i-epairs shall exceed the sum of twenty shillings for every ton of the burthen of the said ship or vessel, unless such repairs shall have been necessary by reason of extraordinary damao-e 3&4Wm. IV. Cap. 55.] 383 sustained by such ship or vessel during lier absence from his Jfajcsty's doniinions, to enable her to perform tiie voyage in which she shall have been engaged, and to return to some port or place in the same dominions ; aiul whenever any ship or vessel which has been so repaired Tlie master on arri- in a foreign country shall arrive at any i>ort in his Maiestv''s dominions as a British-rejristered ^"l '" rt^por' such re- i^ •' .III pairs, sliip or vessel, the master or other person having tlie command or charge of the same shall, upon the first entry thereof, report to the collector and controller of his Majesty's Customs at such port that such siiip or vessel has been so repaired, under penalty of twenty shillings for every ton of the burthen of such ship or vessel, according to the ailmeasurement thereof; and if it shall be proved to the satisfaction of the Commissioners of his Majesty's Customs that Necessity of such re- such ship or vessel was seaworthy at the time when she last departed from any jjort or place c^ommissioiierTorcus. in his Majesty's dominions, and that no greater quantity of such repairs have been done to 'o™^- the said vessel tliau was necessary as aforesaid, it shall be lawful for the said Commissioners, upon a full consideration of all the circumstances, to direct the collector and controller of the port where such ship or vessel shall liave arrived, or where she shall then be, to certify on the certificate of the registry of such .ship or vessel that it has been proved to tlie satisfaction of the Commissioners of his Majesty's Customs that the privileges of the said ship or vessel have not been forfeited, notwithstanding the repairs which have been done to the same in a foreign country. VIII. And be it further enacted, that if any ship or vessel registered under the authority ships declared un- of this or any other Act shall be deemed or declared to be stranded or unscawortliv, and in- seaworthy to be deem- • . .111 ^^ *'"1'^ '"*' "' broken capable of being recovered, or repaired to the advantage of the owners thereof, and shall for up. such reasons be sold by order or decree of any competent Court for the benefit of the owners of such ship or vessel or other persons interested therein, the same shall be taken and deemed to be a ship or vessel lost or broken up to all intents and purposes within the meaning of this Act, and shall never again be entitled to the privileges of a British-built ship for any ])ur- poses of trade or navigation. IX. And be it further enacted, that no British ship or vessel which has been or shall here- British ships cap- after be captured by and become prize to an enemy or sold to foreigners shall a^cain be en- '"''f'' ""' '° '"' "S"'" . , ... . entitlt'd to registry ; titled to the privileges of a British ship: provided always, that nothing contained in this Act but ships condemned shall extend to prevent the registering of any ship or vessel whatever, which shall afterwards '" Co'irts of Admiralty ' o n . 1 ' may \,e registered. be condemned in any Court of Admiralty as prize of war, or in any competent Court for breach of laws made for the prevention of the slave trade. X. And be it further enacted, that no such registry shall hereafter be made, or certificate .ships shall be regis- thereof granted, by any person or persons herein-before authorized to make such registry and t^red at the port to 1 ../• " . "• 1 1 . . , ,....'. which they belong, grant sucli certificate, ni any other port or jjlace than the port or place to which such ship or vessel shall properly belong, except so far as relates to such shi|)s or vessels as shall be con- demned as prizes in any of the Islands of Guernsey, Jersey, or IVIan, which ships or vessels shall be registered in manner herein-after directed ; but that all and every registry and certi- Commissioners of n . J 1 .J. ^ , .i-i 11." 11 Customs miiv permit ticate, mane and granted m any port or place to whicii any such sliip or vessel does not pro- regi»tr)- at other iwrts. perly belong shall be utterly null and void to all intents and purposes, unless the officers afore- said shall be .sjiecially authorized and empowered to make such registry and grant such certi- ficate in any other port by an order in writing unikr the liands of the Commissioners of his Majesty's Customs, which order the said Commissioners are hereby authorized and empowered to issue if they shall sec fit ; and at every ]){)rt where registry shall be made in jmrsuance of liook of reRi>i.'r to this Act a book shall be kept by the collector and controller, in which all the particulars con- 1'^" \;rtt!msmUu"d "to tained in the form of the certificate of the registry hcrein-beforc directed to be uscil shall be Commissioners. 384 [3 & 4 Wm. IV. Cap. 55. duly entered ; and every registry shall be numbered in progression, beginning such progres- sive enumeration at the commencement of each and every year : and such collector and con- troller shall forthwith, or within one month at the farthest, transmit to the Commissioners of his Majesty ''s Customs a true and exact copy, together with the number, of every certificate wliich shall be by tliem so granted. Port to which ves. XI. And be it further enacted, that every ship or vessel shall be deemed to belong to some to helong. "^ '"'^'"^ P"^*^ ^'- °'" ^^^^' *•" '^^'li'-'h Some or one of the owners, who shall make and subscribe the decla- Chaiige of suhscrib- ration required by this Act before registry be made, shall reside ; and whenever such owner ing owners to require qj. owners shall iiave transferred all his or their share or shares in such ship or vessel, the same registry rfr norn. . _ • i • i i • i sliall be registered de novo before such ship or vessel shall sail or depart from the port to which she shall then belong, or from any other jwrt which shall be in the same part of the United Kingdom, or the same colony, plantation, island, or territory as the said port shall be in : pro- If registry de nuoo vided always, tiiat if the own?r or owners of such ship or vessel cannot in sufficient time com- maysoonevova^ewith p'y ^^'^'i ^''^ requisites of this Act, SO that registry may be made before it sliall be necessary perrnissioii indorsed on foi- such ship or vessel to sail or depart upon another voyage, it shall be lawful for the collector ccrtificfitc of rp'^istrv. ■* •/ o and controller of the port where such ship or vessel may then be to certify upon the back of the existing certificate of registrv of such ship or vessel, that the same is to remain in force for the voyage upon which the said ship or vessel is then about to sail or depart : provided Ships liniit ill foreign also, that if anv ship or vessel shall be built in any of the colonies, plantations, islands, or possessions, for owaiers ...,•'. '. , . i-Tir-ii • i' -t -i resident in United terntorifs in Asia, Atrica, or America, to his Majesty belonging, lor owners residing in tlie Kingdom, may have a Upifed Kinodoni, and the master of such ship or vessel, or the agent for the owner or ownere certificate from tlie col- » ' i ' o lector, &c. to trade for thereof, shall have produced to the collector and controller of the port at or near to which such vT ii?u,r;tod"'K"nJ ^^^'P »'' '■'-'^■'^'' "''* ''"i^t' ""-' certificate of the builder required by this Act, and shall have iafurali:iation have passed respectively]; " and that no foreigner, directly or indirect! \-, hath any share or part interest in the said " ship or vessel." Provided always, that if it shall l^otomo nee -ssary to register any ship or ve>scl belonging to any corporate body in the iMiitod Kingdom, the I'oilowing declaration, in !iou of t!ie 3u 386 [3 & 4 W.M. IV. Cap. 55. declaration berein-before directed, sliall be taken and subscribed by tlie secretary, or otber proper officer of such corporate body ; (that is to say), " I, A.B., secretary or officer of [name of company or corporatioiil do truly declare, " that the ship or vessel [7iai>ie] of [jjor/] whereof [masters name] is at present " master, being [ki7id of built, btirthen, et cetera, as described in the certificate of " the surveying officer], was [when and where built, or, if prize or forfeited, capture " 07id condemnation as such], and that the same doth wholly and truly belong to [name " of company or corporation]." Addition to decia- XIV. And be it further enacted, that in case the required number of joint owners or ration in case tlie re- pi.(,prietors of any ship or vessel shall not personally attend to make and subscribe the ers do not attend. declaration herein-before directed to be made and subscribed, then and in such case such owner or owners, proprietor or proprietors, as shall personally attend and make and subscribe the declaration aforesaid, shall further declare that the part owner or part owners of such ship or vessel then absent, is or are not resident within twenty miles of such port or place, and hath or have not, to the best of his or their knowledge or belief, wilfully a])sonted him- self or themselves, in order to avoid tlie making the declaration herein-before directed to be made and subscribed, or is or are prevented^by illness from attending to make atid subscribe the said declaration. Vessels to be siir- ^^ • -'^"cl ™ order to enable the collector and controller of his Majestj'^s Customs to grant veyed previous to re- ^ certificate truly and acciu'atelv describing every ship or vessel to be registered in pursuance of this Act, and also to enable all other officers of his Majesty's Customs, on due examination, to discover whether any such ship or vessel is the same with that for which a certificate is alleged to have been granted ; be it enacted, that previoirs to the registering or granting of any certificate of registry as aforesaid, some one or more person or persons appointed by the Commissioners of his Majesty's Customs (taking to his or their assistance, if he or they shall judge it necessary, one or more person or persons skilled in the building and admeasurement of ships) shall go on boai'd of every such ship or vessel as is to be registered, and shall strictly and accurately examine and admeasure every such ship or vessel as to all and every particular contained in the form of the certificate herein-before directed, in the presence of the master, or of any other person who shall be appointed for that purpose on the part of the Certificate of survey Owner or owners, or in his or their absence by the said master; and shall deliver a true and to be given ; j^^j account in writing of all such particulars of the built, description, and admeasurement of every such ship or vessel as are specified in the form of the certificate above recited to the collector and controller authorized as aforesaid to make such registry and grant such certificate of registry ; and the said master or other person attending on the part of the owner or master con- owner or owners is hereby required to sign his name also to the certificate of such surveying curring therein. ^,j. examining officer, in testimony of the truth thereof, provided such master or other person shall consent and agree to the several particulars set forth and described therein. nient to ascertain ton nasre. Modeof adnieasiirt- X^■I. And be it furtlier enacted, that for the purpose of ascertaining the tonnage of ships or vessels the rule for admeasurement shall be as follows; (that is to say,) the length shall be taken on a straight line along the rabbet of the keel, from the back of the main stern-post to a perpendicular line from the fore part of the main stem under the bowsprit, from which subtracting three-fifths of the breadth, the remainder shall be esteemed the just length of the keel to find the tonnage ; and the breadth shall be taken from the outside of the 3&4W.M. IV. Cap. 55.] 387 outside plank in the broadest part of the ship, wlietlicr that shall be above or below the main wales, exclu.sive of all manner of doubling planks that may be wrought upon the sides of the ship; then multiplying the length of the keel by the breadth so taken, and that product by half tlie breadth, and dividing the whole by ninety-four, the quotient shall be deemed the true contents of the tonnage. X\'II. And wliereas it would in some cases endanger ships or vessels to cause them to be Mode of ascertaining laid on shore ; be it therefore enacted, that in cases \\hcre it may be necessary to ascertain a°e'^oat" '^" ^'"^^'^'* the tonnage of any ship or vessel when afloat, according to the foregoing rule, the following method sliall he observed; (that is to say.) drop a plumb line over the stern of the sliip, and measure the distance between such line and the after part of the stern-post at the load water- mark, then measure from the top of the plumb line, in a parallel direction with the water, to a perpendicular point immediately over the load watermark at the fore part of the main stem, subtracting from such measurement the above distance, the remainder will be the ship's extreme, from which is to be deducted three inches for every foot of the load draught of water for the rake abaft, also three-fifths of the ship's breadth for the rake forward, the remainder shall be esteemed the just length of the keel to find the tonnage; and the breadth shall be taken from outside to outside of the plank in tlie broadest part of the ship, whether that shall be above or below the main wales, exclusive of all manner of sheathing or doubling that may be wrought on the side of the ship ; then multiplying the lengtii of the keel for tonnage by the breadth so taken, and that product by half tlie breadth, and dividing by ninety-four, the ([uotient shall be deemed the true contents of tlie tonnage. XVIII. Provided always, and be it further enacted, that in each of the several rules Engine room in iicrein-before prescribed, when used for the purpose of ascertaining tiie tonnage of any ship ^"'""i vessels to be de- or vessel propelled by steam, the length of the engine room shall be deducted from the whole length of such ship or vessel, and the remainder shall, for such purpose, be deemed the whole length of tlie same. XIX. And be it further enacted, that whenever the tonnage of any ship or vessel shall Toimnge wlicn so to lie ever d the ton- have been ascertained according to the rule herein ijrescribcd (except in the case of ships or ■'^'^''"»"'>'' '° '"^ '^^'^^ o I *■ I r 1 niter deetnei vessels which have been admeasured afloat), such account of tonnage shall ever after be nage. deemed the tonnage of such ship tir vessel, and siiall be repeated in every subsequent registry of sucii ship or vessel, unless it .shall happen that any alteration has been made in the form and burthen of such ship or vessel, or it shall be discovered that the tonnage of such ship or vessel had been erroneously taken and computeil. XX. And lie it fia-ther enacted, liuit at the time of the obtaining of the certificate of no«- "' 1'" ''■-•"1'"=* "f "'"P- duce to the person or persons authorized to grant such certificate a true and full account, under the band of the builder of such ship or vessel, of the jiropcr denomination, and of ilu- 390 [3 & 4 Wm. IV. Cap. 55. time when and the place where such sliip or vessel was built, and also an exact account of the tonnage of such ship or vessel, together with the name of the first purchaser or purchasers thereof (which account sucli builder is hereby directed and required to give under his hand on the same being demanded by sucli person or persons so applying for a certificate as aforesaid), and shall also make and subscribe a declaration before the person or persons herein-before au- „ , .. . , thorized to erant such certificate that the ship or vessel for which sucli certificate is required Ueoliiratioti lO DC o . . , . , made thereto. is the same with that which is so described by the builder as aforesaid. Certificate of regis- XXVI. And be it further enacted, that if the certificate of registry of any ship or vessel try lost or mislaid: ghall be lost or mislaid, so that the same cannot be found or obtained for the use of such ship or vessel when needful, and proof thereof shall be made to the satisfaction of the Commisoners Commissioners may of his ]\Ia')esty''s Customs, such Commissioners shall and may permit such ship or vessel to permit registry rfenoro; ^^ reo-istered de iiovo, and a certificate thereof to be granted: provided always, that if such ship or vessel be absent and far distant from the port to which she belongs, or by reason of the absence of the owner or owners, or of any other impediment, registry of the same cannot or grant a licence. then be made in sufficient time, such Commissioners shall and may grant a licence for the pre- sent use of such ship or vessel, whicli licence shall, for the time and to the extent speci- fied therein, and no longer, be of the same foi'ce and virtue as a certificate of registry granted Bond respecting lost under this Act : provided always, that before such registry rfe novo be made the owner or certificate of registry, p^.j^^.j.g g^j^^j master shall give bond to the Commissioners aforesaid in such sum as to them shall Condition. seem fit, with a condition that if the certificate of registry shall at any time afterwai'ds be found, the same shall be forthwith delivered to the proper officers of his Majesty's Customs to be cancelled, and that no illegal use has been or shall be made thereof with his or their privity Declaration to be or knowledge ; and further, that before any such licence shall be granted as aforesaid the granted"""' ""'"'"' *"" "lister of such ship or vessel shall also make and subscribe a declaration that the same has been registered as a British ship, naming the port where and the time v.hen such registry was made, and all the particulars contained in the certificate thereof, to the best of his knowledge and belief, and shall also give such bond and with the same condition as is before-mentioned : Before licence be provided also, that before any such licence shall be granted such ship or vessel shall be sur- vevecfas^if'tor registry" ^^7^^ '" ^^^'^ manner as if a registry de ttovo were about to be made thereof; and the certifi- cate of such survey shall be preserved by the collector and controller of the ])ort to which such and registry may be ship or vessel shall belong ; and in virtue thereof it shall be lawful for the said Commissioners of^U e '^•htl- '""^'""^^ and they are hereby required to permit such ship or vessel to be registered after her departure, whenever the owner or owners shall personally attend to take and subscribe the declaration required by this Act before registry be made, and shall also comply \\ith all other requisites of this Act, except so far as relates to the bond to be given by the master of such ship or and certificate trans- vessel ; which certificate of registry the said Commissioners shall and mnv transmit to the col- mitted to be exchang- lector and controller of any other port, to be by them given to the master of such ship or vessel, ed for the licence. ... ... . upon his giving such bond, and delivering up the licence which had been granted for the then present use of such ship or vessel. Persons detaining XXVII. And whereas it is not proper that any person under any pretence whatever should to fori^tt £100 '^'^^'^"^^ detain the certificate or registry of any ship or vessel, or hold the same for any purpose other than the lawful use and navigation of the ship or vessel for which it was granted; be it therefore enacted, that in case any person who shall have received or obtained by any means or for any purpose whatever the certificate of the registry of any ship or vessel (whether such person shall claim to be the master or to be the owner or one of the owners of such ship or vessel, or not,) shall wilfully detain and refuse to deliver up the same to tlie propir officers 3.«t4 Wm. IV. Cap. 55.] 391 of liis Majesty's Customs, for the purposes of such ship or vessel, as occasion shall require, or to the person or persons having the actual command, possession, and management of such ship or vessel as the ostensil)le and reputed master, or as the ostensible and rejjuted owner or owners thereof, it may and shall be lawful to and for any such last-mentioned person to make complaint on oath of such detainer and refusal to any justice of the peace residing near to tlic phice where such detainer and refusal shall be in Great Britain or Ireland, or to any member of the Supreme Court of Justice or any justice of the peace in the islands of Jersey, Guernsey, or Man, or in any colony, plantation, island or territory to his Majesty belonging in Asia, Africa, or America, or in ]\Ialta, Gibraltar, or Heligoland, where such detainer and refusal shall be in any of the places last-mentioned ; and on such complaint the said justice or other magistrate shall and is hereby required, by warrant under his hand and seal, to cause the person so complained against to be brouglit before him to be examined toucliing such detainer and refusal ; and if it shall appear to the said justice or other magistrate, on examination of such person or otiierwise, that tlie said certificate of registry is not lost or mislaid, but is wilfully detained by the said person, such person shall be thereof convicted, and shall forfeit and pay the sum of one lumdred pounds, and on failure of payment thereof he shall be committed to tiie couanon gaol, there to remain w itiiout bail or mainprize for sucii time as the said justice or other magistrate shall in his discretion deem proper, not being less than three months nor more than twelve months; and the said justice or otiier magistrate Justice to certify de- shall and he is hereby recjuired to certify the aforesaid detainer, refusal, and conviction to the registered de novo. person or persons who granted such certificate of registry for such ship or vessel, who shall, on the terms and conditions of law being complied with, make registry of such ship or vessel de novo, and grant a certificate thereof conformably to law, notifying on the back of such certificate the ground upon which the ship or vessel was so registered de novo ; and if if person detaining . the person who shall have detained and refused to deliver up such certificate of rejjistrv as '^''^>'"*'<";'"^ .'""'^ '•'''*- r I r> .' condcd, slii)> may ue aforesaid, or shall be verily believed to have detained the same, shall have absconded, so tiiat the registered rs in case of said warrant of the justice or other magistrate cannot be executed upon him, and proof '**'''^^'''' ™ *• thereof shall be made to the satisfaction of the Commissioners of his Majesty's Customs, it shall be lawful for the said Commissioners to permit such .ship or vessel to be registered de novo, or otherwise, in their discretion, to grant a licence for tiie present use of sucii ship or vessel in like manner as is hercin-beforc provided in the case wherein the certificate of registry is lost or mislaid. XXVIII. And be it furtiier enacted, that if any ship or vessel, after she shall have been ship altered in cer- registered ijursuant to the directions of this Act, shall iu any manner whatever be altered so ".''" ""'""'''' '" '"^ '<^- 1 ■ 1 11 I -1 • I • 1 gistered (/f iwio. as not to correspond witli all tlie jiarticulurs contamed m tlie certificate of her registry, in such case such ship or vessel .shall be registered de novo, iu manner hereiu-before retiuired, as soon as .she returns to the port to whicii she belongs, or to any other port which shall be in the .same part of the United Kingdom, or in the same colony, jjlantation, island, or territory, as the said port shall be in, on failure whereof such ship or vessel shall to all intents and purposes be considered and deemed anti taken to be a ship or vessel not duly registered. XXIX. And be it fiu-ther enacted, that the owner or owners of all such shi|is and vessels Vessels condemned as shall be taken by any of his Mjijesty's sliips or vessels of war, or by any iirivafe or other '" l"'''-'^' <"" for I'rcadi 1 • 1 1 "i 1 1 /•' 1 • • /-I ,. . 1 • ." ■ „ ... "f '""'* asaiiist jinve snip or vessel, and coiiilenmcil as lawful prize in any Court ol Admiralty, or of sncli ships or trade, ceniricatc of vessels as shall I)e condemned in any conii)eteiit Court ns forfeited for breach of the laws for ™"'''-'""'''<'"" '" '»= . * _ * produced, the prevention of the slave trade, siiall, for the purpose of registering such ship or vessel, produce to tiie collector and controller of his Majesty's Customs a certificate of the condemna- 392 [3&4 Wm.IV. Cap. 55. tion of such ship or vessel, under the hand and seal of the judge of the Court in which such ship or vessel shall have been comienined (which certificate such judge is hereby authorized and required to grant,) and also a true and exact account in writing of all the particulars contained in the certificate hercin-before set forth, to be made and subscribed by one or more skilfid person or persons to be appointed by the Court then and there to survey such ship or vessel, and shall also make and subscribe a declaration before the collector and controller that such ship or vessel is the same vessel which is mentioned in the certificate of the judge aforesaid. Tlie 30tli section has reference to ships condemned as prize, and belonging to residents in Guernsey, Jersey, or the Isle of" Man. Transfers of interest XXXI. And be it further enacted, that when and so often as the property in any ship or to be made by bill of vessel, or any part thereof, belonging to any of his Majesty's subjects, shall, after registry thereof, be sold to any other or others of his Majesty's subjects, the same shall be transferred reciting certificate of t>y bill of sale or Other instrument in writing, containing a recital of the certificate of registry registry. q^- ^^h\-^ s;}jip or vessel, or the principal contents thereof, otherwise such transfer shall not be Bill of siile not void valid or effectual for any purpose whatsoever, either in law or in equity : provided always, by unimportant error jj^^^^ ,^^ i,j]i ^f ^r^]^ ^j^g^j |jg deemed void by reason of any error in such recital, or by the of recital, (tc. . . . , . . . ■^ recital of any former certificate of registry instead of the existing certificate, provided the identity of the ship or vessel intended in the recital be effectually proved thereby. Property in ships to XXXII. And be it further enacted, that the property in every ship or vessel of which fo'in- parts or'sliares"'^' '^^ere are more than one ouner shall be taken and considered to be divided into sixty-four equal parts or shares, and the proportion held by each owner shall be described in the registry as being a certain number of sixty-fourth parts or shares-, and that no person shall be entitled to be registered as an owner of any ship or vessel in respect of any proportion of such sliip or Declaration upon vessel which shall not be an integral sixty-fourth part or share of the same; and upon the first the numbe? of such I'^gistry of any ship or vessel the owner or owners who shall take and subscribe tlie declaration shares held by each required by tills Act before registry be made shall also declare the number of such parts or shares then held by each owner, and tlie same shall be so registered accordingly : provided Smaller portions may always, that if it shall at any time happen that the property of any owner or owners in any ship be conveyed without ^y. vessel cannot be reduced by division into any number of integral sixty-fourth parts or stamp. . -' -' . , ? . shares, it shall and may be lawful for the owner or owners of such fractional parts as shall be over and above such number of integral sixty-fourth parts or shares into which such property in any ship or vessel can be reduced by division to transfer the same one to another, or jointly to any new owner, by memorandum upon their respective bills of sale, or by fresh bill of sale, without such transfer being liable to any stamp duty ; provided also, that the right of any owner or owners to any such fractional parts shall not be affected by reason of the same Partners may hold not having been registered : provided also, that it shall be lawful for any number of such ships or shares vMth- o^vners, named and described in such registry, being partners in any house or copartnership portionate interest of actually Carrying on trade in any part of his Majesty's dominions, to hold any ship or vessel, or any share or shares of any ship or vessel, in the name of such house or copartnership, as joint owners thereof, without distinguishing the proportionate interest of each of such owners, and that such ship or vessel or the share or sliares thereof so held in copartnership shall be deemed and taken to be partnersiiip property to all intents and purposes, and shall be governed I)y the same rules, both in law and equity, as relate to and govern all other partnership pro- perty in any other goods, cliattels, and effects whatsoever. 3&4 W.M.I V. Cap. 55.] 393 XXXIII. xVnd be it furtlior enacted, that no greater number tlian tliirty-two persons Only thirty-two per- shall be entitled to be legal owners at one and the same time of any ship or vessel, as tenants an"\h°pat%ne ti^."' in common, or to be rejjistered as such : provided always, that nothing herein contained j^^^ ^^ ^^^^^ ^^^^ shall affect the equitable title of minors, heirs, legatees, creditors, or others, exceeding that equitable title of heirs, niunber, duly represented by or holding from any of the persons within the said number, registereil as legal owners of any siiarc or shares of such ship or vessel : provided also, that Joint .Stock Compa- if it shall be proved to the satisfaction of the Commissioners of his IMajesty's Customs that any numlx-r of ))ersons have associated themselves as a joint stock company, for the pur- pose of owning any shij) or vessel, or any number of ships or vessels, as the joint projx^rty of such company, and that such company have didy elected or appointed any muiiber, not less than three, of the members of the same to be trustees of the property in such ship or vessel or ships or vessels so owned by sucli ccmijiany, it shall be lawful for such trustees or Trustees may apply any three of them, with the permission of sucli Commissioners, to make and subscribe the to hav* rei,'i8try made, declaration required by tin's Act before registry be made, except that instead of stating tlierein the names and descriptions of the other owners, they shall state the name and descrip- tion of the company to which such ship or vessel or ships or vessels shall in such manner belong. XXXTV. And be it further enacted, tiiat no bill of sale or other instrument in writing Bills of sale not cf- shall be valid and effectual to pass the property in any ship or vessel, or in any sliare thereof, to'^J^jV,,"" of fi°-^toms or for any other purpose, until such bill of sale or other instrument in writing shall have and entered in tlie 1 11 I 11 1 11 r. 1 1-1 11- 1 • book of registry or of been produced to tlie collector and controller oi the port at winch such ship or vessel is i,„(,„ded registry. already registered, or to the collector and controller of any other port at which she is about to be registered de novo, as the case may be, nor until such collector and controller respec- tively shall have entered in the book of such last registry, in the one case, or in the book of such rcgi.'-try de novo, after all the requisites of law for such registry de novo shall have been duly comj)lied witii, in the other case (and which tiiey are respectively hereby required to do upon the jmxluction of the hill of sale or other instrinneiit for that pin-j)ose), the name, residence, and description of the vendor or mortgagor, or of each vendor or mort- gagor, if more than one, tlie niunber of shares transferred, the name, residincc, and de- scription of the purchaser or mortgagee, or of each jjurchaser or mortgagee, if more than one, and the date of the bill of sale or other instrumi'nt, and the jiroduction of it ; and further, if such ship or vessel is not a])out to be registered de novo, the collector and controller of the YMTt where such ship is registered shall and tiicy are herel)y rtf[uire(l to indorse the aforesaid particulars of such I)ill of sale or other instrument on the certificate of registry of the said shij) or vessel, wlien the same shall be produced to them for that purpose, in manner anil to the effect following ; v'idelicit, " Custom House \^port and dale ; name, residence, and description of vendor or Komi of indorse. " morff/af/orl has transferred by [/ji/l of aide or other iiistrumvnt'\ dated \diilc, ninn- " her of fihiire.'i] to [w«wc, r( sidenrc, and description (f punliaxer or inorf(/a(/ec.\ « A- U. Collector. " C. D. Controller." Anil i'ortliwith to give notice tiiereof to tlie Coniniissioners of Customs; and in ca>e llie eol- Notice to Comniis- lector and controller shall lie desired so to do, and the bill of sale or other instrument shall be produced to them for that purpose, then the said collector and controller are hereby required to certify, by indor.senient upon the bill of sale or other instrument, tliat the jiarticulars before miMitioned have been so entered in the book of registry, and indorsed upon the certificate of registry as aforesaid. 3e 394 [3 & 4 Wm. IV. Cap. 55. Entry of bill of sale XXX^'. And be it furtlier enacted, that when and so soon as the particulars of anv bill of certay cases '^'''^^'" '" ^^^^ °^ other instrument by which any ship or vessel, or any share or shares thereof, shall be transferred, shall have been so entered in the book of registry as aforesaid, the said bill of sale or otlier instrument shall be valid and effectual to pass the property thereby intended to be transferred as against all and every person and persons whatsoever, and to all intents and pur- poses, except as against such subsequent purchasers and mortgagees who shall first procure the indorsement to be made upon the certificate of registry of such ship or vessel in manner herein- after mentioned. AVhen a bill of sale XXXVI. And be it further enacted, that when and after the particulars of any bill of anv slune* ^liTrtv days ®^^'^ *"" o'^'^^^' instrument by which any ship or vessel, or any share or shares thereof, shall be shall be allowed for transferred, shall have been so entered in the booiv of registry as aforesaid, the collector and of refqsny, "before any Controller shall not enter in the book of registry the particulars of any other bill of sale or other bill of sale for instrument purporting: to be a transfer by the same vendor or mortgagor or vendors or mort- the same shall be en. ^ , ?• , , i i j- ? tered. gagors of the same ship or vessel, share or shares thereof, to any other person or persons, unless thirty days shall elapse from the day on which the particulars of the former bill of sale or other instrimient were entered in the book of registry ; or in case the ship or vessel was absent from the port to which she belonged at the time when the particulars of such former bill of sale or otlier instrument were entered in the book of registry, then unless thirty days sliall liave elapsed from the day on which the ship or vessel arrived at the port to which the same belonged ; and in case the particulars of two or more such bills of sale or other instru- ments as aforesaid shall at any time have been entered in the book of registry of the said ship or vessel, the collector and controller shall not enter in the book of registry the particulars of any other bill of sale or other instrument as aforesaid unless thirty days shall in like manner have elapsed from the day on which the particulars of the last of such bill of sale or other in- strument were entered in the book of registry, or from- the day on which the ship or vessel arrived at the port to which she belonged, in case of her absence as aforesaid; and in every case where there shall at any time happen to be two or more transfers by the same owner or owners of the same property in any ship oi" vessel entered in the book of registry as afore- said, the collector and controller are hereby required to indorse upon the certificate of registry of such ship or vessel the particulars of that bill of sale or other instrument imder which the person or persons claims or claim property who shall produce the certificate of registry for that purpose within thirty days next after the entry of his said bill of sale or other instrument in the book of registry as aforesaid, or within thii'ty days next after the return of the said ship or vessel to the port to which she belongs, in case of her absence at the time of such entry as aforesaid; and in case no person or persons shall produce the certificate of registry within eitlicr of the said spaces of thirty days, then it shall be lawful for the collector and controller, and they are hereby required, to indorse upon the certificate of registry the particulars of the bill of sale or other instrument to sucli person or persons as shall first produce the certificate Nature of tlie piio- of ivgistry for that purpose, it being tlie true intent and nieiining of tiiis Act that the several nty mteiideJ in this pui-^hasers and mortgagees of such ship or vessel, share or shares thereof, when more than one appear to claim the same property, or to claim security on the same property, in tiic same r;iuk and degree, sliall have jniority one over the other, not according to the respective times « hen the particulars of the bill of sale or other instrument by which such property was trans- ferred to them were entered in tlie book of registry as aforesaid, but according to the time when the endorsement is made upon the certificate of registry as aforesaid : provided always, Provision i:,(nM.cer- that if the certificate of registry shall be lost or mislaid, or shall be detained by any person tificate be mislaid. whatever, so that the indorsement cannot in due time be made thereon, and proof thereof shall 3 & 4 W.M. IV. Cap. 55.] 395 he made by the purdiaser or mortgagee, or liis known agent, to tlie satisfaction of the Com- missioners of liis Majesty's Customs, it shall be lawful for the said Commissioners to grant such further time as to them sliall appear necessary for the recovery of the certificate of registry, or for the registry de 7iovo, of the said ship or vessel inidcr the j)rovisions of this Act, and thereupon the collector and controller shall make a memorandum in tiie hook of registers of the further time so granted, and diu-ing such time no otlier ])ill of sale shall be entered for the transfer of the same sliij) or vessel, or the same shaie or shares thereof, or for giving the same security thereon. XXXVII. And be it further enacted, that if tlie certificate of registry of such ship or Rills of sale may be vessel shall be produced to the collector and controller of any port where slie may tiien be, after oJile" *^^ort's'^h-^"'t7 "'' any such bill of sale shall have been recorded at the port to which she belongs, together with to wliidi vessels be- such bill of sale, containing a notification of such record, signed by the collector and controller joised on celiificate of of such port as before directed, it siiall be lawfid for the collector and controller of such other rPBistry. port to indorse on such certificate of registry (being required so to do) the transfer mentioned in such bill of sale, and such collector and controller shall give notice thereof to the collector and controller of the port to which such ship or vessel belongs, who sliall record the same in like manner as if they had made such indorsement themselves, but inserting the name of tlie port at which such indorsement was made: provided always, that the collector and controller Previous notice to be r 1 .1 .. 1 II /■ i. • ^- ^ ^^ ^^ ^ i .11 1' ^1 . . 1 • 1 given to ortiicrs at the ot such other port shall hrst give notice to tlie collector and controller ot the port to which ,,oit of reeistry. such ship or vessel belongs of such requisition made to them to indorse the certificate of registry, and the collector and controller of the port to which such ship or vessel belongs shall thereupon send information to the collector and controller of such other ))ort, whether any and what other bill or bills of sale have been recorded in tlie book of the registry of such ship or vessel ; and the collector and controller of such other port having such information shall proceed in manner directed by this Act in all respects to the indorsing of the certificate of registry as they would do if such port were the port to which such vessel beh)nged. XXXVIII. And be it further enacted, that if it shall become necessary to register any ship ir „|,„|, registry ,le or vessel de 7iovo. and any share or shares of such ship or vessel shall have been sold since she ",'"'" "")' ''i" of sale 1 -111 /• /• 1 1 , 11. 1 1 111 si'"!! "Ot have iH-en re- was last rcgistereil, and the transfer ot such share or shares shall not have been recorded ana ((inkd, iii<- same shall indorsed in manner hercin-before directed, the bill of sale thereof sliall be produced to the t'"^" ''^ l""oJuceil. collector and controller of his Majesty's Customs, who are to make registry of such ship or vessel, otherwise such sale shall not hv noticed in such registry de 7iovo, except as herein-after exce|)ted ; provided always, that upon the fulure production of such bill of sale, and of the Bill of sale previous cxistinii- certilicate of registry, such transfer shall and may be recoriled and indorseil as well '" V^r^'J mayh*,- tv- ^ r) . ' J trordctl after registry. after such registry de nooo as before. XXXIX. And be it further enacted, tiial if upon any change of pro])erty in any ship or I'lionelian^-eof )>ro- vessel the owner or owners shall desire to have the same registered de novo, although not ,'n'^|[y\,"frr^,','u.u'if''(U-- required by this Act, and the owner or proper number of owners shall attend at the Custom- sired, ulihough not re- house at the port to which such shi|) or vessel belongs for that purpose, it .--hall be lawful for the collector anil cnntrulkr of liis Majesty's Customs at such port to make registry de novo of such ship or vessel at the same poi't, and to grant a certificate thereof, the several retjuisites lieri'in-bi'fore in this Act mentioned ami directed being first didy observed and complied with. XL. And wliei-eas irreat incoiiveniiiici- liatli aiisrn IVom the registering officers being served . Copies of dcclnra- ^ . , . , . . , tioiis, S:c. and of ex- with subpoenas requiring tluiu to Iiring with them .nul |ii-o(hice, on tiiaN m Courts ot l.-iw tracts from books of 3 k2 396 [3.^4 Wm. IV. Cap. 55. refjistry admitted in I'elative to the owncry of vessels, or otliciwise, the oaths or declarations required to he taken evidence. ^^y j|^g owners thereof prior to the registering thereof, and the hooks of registry, or copies or extracts therefrom : and whereas it would tend much to the dispatch of business if the atten- dance of such registering officers with the same upon such trials were dispensed with ; be it therefore enacted, that the collector and controller of his Majesty's Customs at any port or place, and the person or persons acting for them respectively, shall, ujion every reasonable request, by any j^erson or persons whomsoever, produce and exhibit for his, her, or their inspection and examination any oath or declaration sworn or made by any such owner or owners, proprietor or proprietors, and also any register or entry in any book or books of registry required by this Act to be made or kept relative to any ship or vessel, and shall, upon every reasonable request by any person or persons whomsoever, permit nim, her, or them to take a co|)v or copies or an extract or extracts thereof respectively ; and that the copy and copies of any such oath or declaration, register or entry, shall, upon being proved to be a true copy or copies thereof respectively, be allowed and received as evidence upon every trial at law, without the production of the original or originals, and without the testi- mony or attendance of any collector or controller, or other person or persons acting for them respectively, in all cases, as fully and to all intents and purposes as such original or originals, if produced by any collector or collectors, controller or controllers, or other person or persons acting for them, could or might legally be admitted or received in evidence. Vessels or shares XLI. And be it further enacted, that if the ship or vessel, or the share or shares of any sold in the absence of owner thereof who may be out of the kingdom, shall be sold in his absence by his known owners without formal i.i. • -i i • i-i i"- /-i- powers. agent or correspondent, under his directions either expressed or impued, and acting lor his interest in that behalf, and such agent or correspondent who shall have executed a bill of sale to the purchaser of the whole of such ship or vessel, or of any sliare or shares thereof, shall Commissioners may not have received a legal power to execute the same, it shall be lawful for the Commissioners s'!ik^oVreg'istly*»w^^ °f '"® Majesty's Customs, upon application made to them, and proof to their satisfaction of as the case may re- tlie fair dealings of the parties, to permit such transfer to be registered, if registry cle iiovo be ''""^' necessary, or to be recorded and indorsed, as the case may be, in manner directed by this Act, and in other cases as if such legal power had been produced ; and also if it shall happen that any bill of sale where bills of sale can- (,j„^„o( be produced, or if, by reason of distance of time or the absence or death of parties not be produced : ' . . . concerned, it cannot be proved that a bill of sale for any share or shares in any ship or vessel had been executed, and registry de novo of such ship or vessel shall have become necessaiy, it shall be lawful for the Commissioners of his Majesty's Customs, upon proof to their satis- faction of the fair dealings of the parties, to permit such sliip or vessel to be registered de novo in like manner as if a bill of sale for the transfer of such share or shares had been produced : security being given to provided always, that in any of the cases herein mentioned good and sufficient security shall produce legal powers j^ criven to produce a leoal power or bill of sale within a reasonable time, or to abide the or abide future claims. » 1 >ri i future claims of the absent owner, his heirs and successors, as the case may be: and at the future recjuest of the party whose property has been so transferred without the production of a bill of sale from him or from his lawful attorney, such bond shall be available for the pro- tection of his interest, in addition to any powers or rights which he may have in law or equity against the ship or vessel, or against the parties concerned, imtil he shall have receivt-d full indemnity for any loss or injury sustained by him. Transfer by way of XLII. And be it further enacted, that when any transfer of any ship or vessel, or of any mortgage. share or shares thereof, shall be made only as a security for the payment of a delit or debts, either by way of mortgage, or of assignment to a trustee or trustees for the purpose of selling 3^:4 Wm.IV. Cap. 55.] 397 tlie sanu' for tliL' payment of any debt or debts, tlien and in every such ease tlie eollector and controller of the port where the ship or vessel is registered shall, in the entry in the book of registry, and also in the indorsement on the certificate of registry, in manner herein-before directed, state and express that such transfer was made only as a security for the payment of a debt or debts, or by way of niortgage, to that effect ; and the person or persons to whom Mortgapee not to be such transfer shall be made, or any other person or persons claiming under him or them as a * "^ .in owner. mortgagee or mortgagees, or a trustee or trustees only, shall not by reason thereof be deemed to be the owner or owners of such ship or vessel, share or shares thereof, nor shall the person or persons making such transfer be deemed by reason thereof to have ceased to be an owner or owners of such ship or vessel, any more than if no such transfer had been made, exccj)t so far as tliay be necessary for the purpose of rendering the shij) or vessel, share or shares so transferred, available by sale or otherwise for the payment of tlie debt or debts for securing tile payment of which such transfer shall have been made. The 43d section protects the rights of mortgagees and assignees in case of tlie bankruptcy of tlie mortgagor or assignor. XLIV\ And be it further enacted, that it shall and may l)e lawful for any governor, lieu- Governors of colo- tenant-governor, or eouniiaiider-in-chief of any of his iVIajestv's colonies, plantations, islands, nrnceedhi 's""'' ■^ts"to or territories, and thev are hereby respectively authorized and required, if any suit, infor- be st-iyed. mation, libel, or otiier prosecution or j)rocet'ding of anv nature or kind whatever shall have been commenced or shall hereafter be commenced in any Court whatever in any of the said colonies, plantations, islands, or territories respectively, touching the force and effect of any register granted to any shi]) or vessel, upon a representation made to any such governor, lieu- tenant-governor, or conmiander-in-chief, to cause all proceedings thereon to be stayed, if he shall see just cause so to do, until his Majesty's pleasure shall be known and certified to him by his Majesty, by and with the advice of his Majesty's Privy Council ; and such governor, lieutenant-governor, or connnander-in-chief is iiereby required to transmit to one of his Majesty''s principal secretaries of state, to be laid before his Majesty in Council, an authenti- cated copy of the proceedings in every such case, together with his reasons for causing the same to be stayed, and such docmnents (pro])erly verified) as he may judge necessary for the information of his Majesty. XLV. And be it further enacted, that if any person or persons shall falsely makedeclara- Penalty of £300 on tion to any of the matters herein-before required to be verified by declaration, or if anv );er- liersons ninKing tdsc ^ , . , . , . • ' . decliirftlion, or falsify- son or persons shall counterfeit, erase, alter, or falsify any certificate or other instrument in mir any doiumont. writing reijuired or directed to be obtained, granted, or ])r<)duced by this Act or shall know- ingly or wilfully make use of any certificate or other instrument so counterf'eiti'd, iiased, altered, or falsified, or shall wilfully grant such certificate or other instrument in \m iting, knowing it to be false, such person or persons shall for every such ofl'inee forfeit tlie sum of five hundred pounds. XLVI. And be it further enacted, that all the j)enaltics and forfeitures inflicted and in- How iiunaliic!. arc til lilt riii> Linseed ... ... ... ... .•• Senna Silks, viz. Knubs or husks of silk, and waste silk Raw Silk Thrown Silk, not dyed, vix. - - - - Singles - - - - Tram - - - - Organzine and Crape Silk Thrown Silk, dyed, vix. - - - - Singles or Tram ... ... ••■ f _ _ _ _ Organzine or Crape Silk ... ... ... the cwt. 1 the quarter 1 the lb. 1 the cwt. 1 the cwt. 1 the cwt. 1 the cwt. 6 the ton 1 the cwt. 2 tiie cwt. 5 the quarter 1 the lb. 6 the cwt. 1 the lb. 1 the lb. 1 6 the lb. o the lb. 3 6 the lb. 3 the lb. 5 2 3 & 4 Wm. IV. Cap. 56.] 403 Silk, continued. £, s. d. ■ Manufactures of Silk, or of Silk mixed with any other material, tlie produce of, and imported from, British possessions within the limits of the East-India Company's Charter ... for every 100/. of tiie value 20 Soap, the produce of, and imported from, any British possession in tlie East- Indies, viz. hard ... ... ... ... ... the cut. 18 soft ... ... ... ... ... the cut. 13 Spirits or Strong A\'aters of all sorts, viz. - - - Spirits or Strong Waters, the produce of any Britisii possession within the limits of the East-India Company's Charter, not being sweetened^ Spirits or Spirits mixed with any article, so that the degree of strength thereof cannot be exactly ascer- tained by Sikes's Hydrometer ... ... the gallon 15 (Sec also note at end of table.) - - - Spirits, Cordials, or Strong Waters respectively (not being the produce of any British possession in America), sweetened or mixed with any article, so that the degree of strength thereof cannot be exactlyascertained by Sikes'sHydronieter... the gallon 1 10 (Sec also note at end of table. Sugar, viz. Brown or Muscovado or clayed, not being refined, the growth, produce, >. or manufacture of any Hritish possession within the limits of the >^*^ ""'**' *"^ East-India Company's Charter, and imported from thence. . .the c wt. J . — Molasses, the produce of, and imported from, any British posses- sion, ... ... ... ... ... ... the cwt. 9 refined ... ... ... ... ... ... the cwt. 8 8 Candy, Brown ... ... ... ... ... the cwt. 5 V2 ^Vhite ... ... ... ... ... ... the cwt. 8 8 Talc ... ... ... ... ... ... the lb. 8 Teeth, viz. Elephant's, Sea Cow, Sea Horse, or Sea Morse Tcetii, the cwt. f ®^^ "°'^ "' '^"'' I of table. Terra, Japonica, or Catechu ... ... ... ... the cwt. 10 Tobacco, unmanufactured ... ... ... ... the lb. ,'J manufactured, or Segars ... ... ... the lb. J) Tortoiscshell or Turtlcshell, inimanufactured, imported from any British po.sscssion ... ... ... ... ... ... the lb. 1 Turmerick, imported from any British possession ... ... the cwt. 2 4 Vermilion ... ... ... ... ... ... tlie lb. 0' Wood, viz Tcake Wood, imported from iuiy Britisii jiossession within the limits of the East-India Company's Charter, the load, containing 50 cubic feet ... ... ... ... ... ... 1 (.Sec note at end of table.) - - imported from any other place within those limits, the load, containing 50 cubic feet ... ... ... ... 10 (See note at end of tuble. ) 3 1- 2 404 [3 & 4 Wm. IV. Cap. 56 Wool, vix. £. s. d. Cotton "\^'ool, or Waste of Cotton Wool the ]3roduce of, and imported from, any British possession, thecwt. 4 Goats' Wool or Hair - - - the produce of, and imported from, any Britsh possession ... Free. Woollens, viz. Manufactures of Wool not being Goats' Wool, or of Wool mixed with C'otton, not particularly enumerated or described, or otherwise charged with duty, for every ^100. of the value ... 15 ■ Articles of Manufactures of "Wool (not being Goats 'Wool), or of Wool mixed with Cotton, wholly or in part made up, not other- wise charged with duty, for every £100. of tlie value ... 20 By 5 & 6 Wm. 4, cap. Q6, the duty on coffee, the produce of" British possessions within the limits of the Charter, and imported from such possessions, is 6d. per pound. The mode of" regulating the entry will be seen by reference to the Act. By (3 & 7 Wm. 4, cap. 26, sec. 1, (continued by later enactments), the duty on sugar, the growth of British possessions within the limits of the Charter, into which the importation of foreign sugar may by that Act be prohibited and imported from thence, is, ,£1. 4s. per cwt. Section •'3 prohibits the importation of" sugar into the Presidency of Bengal and its dependencies, except by appointment of the Governor-general in Council ; and section 4 excludes the districts thus excepted from the urohibition i"rom the privile«;c of the lower rate of duty. The suoav oi' those British possessions in India into which importation is not pro- hibited, is subject to a duty of .£1. I'is. per cwt. The 7 Wm. 4 & 1st Vic. cap. 27, sec. 3, provides that on satisfactory [)roof being laid before her JMajesty in Council, that the importation of sugar was prohibited in any British possession within the limits of the Charter, an order might issue from time to time to allow the importation of sugar from such possession at the reduced rate of duty. This provi- sion was repeated in 1 & 2 Vic. cap. 33; 2 & 3 Vic. cap. 21 ; and 3 lS: 4 \'\c. cap. 23. By Act No. 15 of 1839, the Government of India pro- hibited the importation of sugar into the territories subject to tiie presi- dency of Fort Saint George after the 10th June, 1840 ; and by an Order of the Queen in Council, dated 22d May, 1840, sugar, the produce of those territories, may be imported at the lower rate of duty, £\. 4s. per cwt. 3&4Wm. IV. Cap. 59.] 405 By 6 8c 7 VVm. 4, cap. 60, sec. 1-2, and 1 & -J Vic. cap. 113, sec. 16, the rates of duty on the articles following are thus fixed : — Asplialtum Is. per ton; Cassia fistula, Id. per lb. ; Castor oil. Is. 3d. per cut. ; Cloves, 6d. per lb. ; Elephants' teeth, Is. per cwt. ; Horns, horn tips, and pieces of horns. Is. per ton. ; Mace, ^s. 6d. j)er lb. ; Nutmegs, wild in the shell, Is. per lb. ; Pepper, 6d. per lb. By 3 & 4 Vic. cap. 17, an additional duty of 4d. per gallon is im- posed on all spirits. The duties on the two descriptions of spirits noted in the table will consequently be 15s. 4d. and £\. 10s. 4d. respec- tively. By 3 & 4 Vic. cap. 19, an additional duty of Is, 6d. is imposed on all timber previously chargeable with any duty by the load of 50 cubic feet. The present duties on Teake wood are, therefore, according to the classification of the tal)lc, Is. 7d. and lis. 6d. For duties on tea, see 5 & 6 AVm, 4, cap. 32. The additional 5 per cent, duty on most articles has been noticed. For duties payable in India, see Acts of Government of India, No. 14 of 1836, and No. 1 of 1838, in Appendix. S k 4 GULIELMI IV. Cm]). LIX. A\ Ai'i to rcgii/dtc l/ic 'J'rcidc of the British Po.sxcxsioii.i A/iradi/. [2Sth Ai/gii.sl,]Sm] \ II. And 1k' it f'urtlicr enacted, tliat tlie several sorts of troods emiinerated or i • 1- " 1 1 Goiids iiroliilii'eil r the production of ,imv jjlace within the limits ot ihe East-India Company's Cliarter, prohibited to I'e inijiorted into .-my of the Uritisb j)os- sessions on the continent of South .America, or in the AW'st-Indies (the Itahama and Bermnda Islands not included), except to be warehoused for exportation oidy ; and 406 [3^4 Wm . IV. Cap, 59. may also be prohibited to be imported into the Bahama or the Bermuda Islands by his ]Majesty's Order in Council. ^ * * « # • » Goods imported con- And if any goods shall be imported or brought into any of the British possessions in America trary ere o or ei e . contrary to any of the prohibitions or I'estrictions mentioned in such table in respect of such goods, the same shall be forfeited ; and if the ship or vessel in which such goods shall be imported be of less burthen than seventy tons, sucli ship or vessel sliall also be forfeited. (1) [The 1 & 2 Vic. cap. 113, sec. 24, repeals so much of this Act as prohibits the importation of coffee the produce of British possessions within the limits of the Charter, into any of the British possessions in the West-Indies and into the Island of Mauritius.] IX. And be it further enacted, that there shall be raised, levied, collected, and paid unto Duties of importa- jjjg Majesty the several duties of Customs, as the same are respectively set forth in figures in the table of duties herein-after contained, upon goods, wares, and merchandize imported or brought into any of his Majesty's possessions in America ; (that is to say), ***** j« * Duties payable upon Goods, Wares, and Merchandize, not being of the Growth, Production, or Manufacture of the United Kingdom, or of any of the British Possessions in America, imported or brought into any of the British Possessions in America, by Sea or by Inland Carriage or Navigation. (A few only of the principal articles are mentioned here : for others it will be necessary to refer to the Act.) Imported into any of the British possessions in America, viz. Spirits, viz. £. s. d. - - - - Brandy, Geneva, or Cordials, and other Spirits, except Rum ... ... ... ... ... the gal. 10 And further, the amount of any duty payable for the time being on Spirits the Manufacture of the United Kingdom. Rum ... ... ... ... the gal. () And further, the amount of any duty payable for the time being on Rum of the British possessions in South America or tlie AVest Indies. •^^— ^^^-^ \_^oitee ... ... ... ... ... ' v^ ocoa ... ... ... ... ... Sugar Molasses ... And further, the amount of any duty payable for the time being on Coffee, Cocoa, Sugar, and Molasses respectively, being tlie produce of the British possessions in South America or the West-Indies. « » the cwt. 5 the cwt. 5 the cwt. 5 tlie cwt. 3 3&4WiM.IV. Cap.59.] 407 J?. S. (I. Silk Manufactures ... ... ... ... For every 100/. of value 30 Tobacco Manufactured ... ... •••■> ^^ inni e ^ o^ r> /^ V I'orevery 100/. of value 20 Cotton Manufactures ... ... ... ••■ > And if any of the goods lierein-before mentioned shall he iniportcd through the United King- Abatement of duty doni (iiaving been warehoused tiierein and exported from the warehouse, or the duties thereon '" certain cases, if there paid, having been drawn back) one-tenth part of the duties herein-imposed shall be reniittetl in respect of such goods. A variety of articles, which are enumerated, are subjected to an ad valorem duty of seven and a half per cent. Goods not otherwise charged and not declared free, are chargeable with a duty of fifteen per cent. Among the articles admitted free of duty are the fol- lowing' '& Goods the produce of places within the limits of the East-India Company's Charter im- ported from those places, or fi-om the United Kingdom, or from some other place in the British dominions. The 49th section subjects goods imported into and exported from the Island of jNIauritius to the same duties and reoulations as in the West-India Islands. LXXXI. And be it further enacted, that it shall be lawful for his Majesty, by and with Tlie Kinp may repii- the advice of liis Privy Council, by any Order or Orders in Council to be issued from time to '■'»'' tl.e trade of certain .* ^ J J colonu'!-. time, to give such directions and make such regulations touching the trade and commerce to and from any British possessions on or near the Continent of Europe, or within tlie Mediter- ranean Sea, or in Africa, or within tiie limits of the East-India Company's C barter (excepting the possessions of the said Company), as to his Majest}- in Council shall appear most expe- dient and salutary, any thing in this Act to the contrary notwithstanding; and if anv goods shall be im])ortcd or exported in any manner contrary to any such Order of his Majestv in Council, the same shall be forfeited, together with tlie ship importing or exporting the same. (1 ) (1) [Under the authority above given, an Order in Council was issued on the 10th of August, 1840, directing the levy of the lollowing duties on goods imported into the Colony of the Cape of Good Hope : Coffee, produce of British possessions ... ... ... the cwt. .'» re])per ... ... ... ... ... ... the cwt. !• Rice ... ... ... ... ... ... tlie cwt. 1 (i Sugar, not refined, tiie jiroiluce t)f any British possession ... the cwt. " 15 Refined or Candy, not manufactured in the United Kingdom the cwt. (i Sj)irits, being the manufacture of anv British possession not exceeding the strength of proof by Sikes's hydrometer ... tlie imperial gal. !• £ s d. the lb. 4!, the cwt. 12 the cwt. 1 he 1,000 5 408 [3 & 4 Wm. IV. Cap. 37. X Ctl ••• ••• ■•■ ••• ••• ••■ Tobacco, not manufactured ■ manufactured (not Cigars) Cigars Goods not otherwise cliarged, and not declared free, being the produce of the Ignited Kingdom, or of her Majesty's possessions, for every 100/. of the value 3 [The new scale of duties was to come into operation when made known by a proclamation from the Governor. For any articles omitted here the Order in Council must be consulted.] reriificiite of pro- LXXXIII. And be it further enacted, that it shall be lawful for any person, being the tin. tiou of East-India gi^jpp,,,. yf j,„y sugar the produce of some British possession within the limits of the East-India Company's Charter, to be exported from any place in such possession, to go before the col- lector or controller or other chief officer of the Customs at such place, or if there be no such officer of the Customs, to go before the principal officer of such place, or the judge or commercial icsident of the district, and make and sign an affidavit before him that such sugar was really and bond fide the produce of such British possession, to the best of his know- ledge and lielief; and such officer, judge, or resident, is hereby authorized and requiretl to administer such affidavit, and to grant a certificate thereof, setting forth in such certificate the name of tlie ship in which the sugar is to be cx];orted, and the destination of the same. Shipsbiiiltiirioitolst LXXXIV. And be further enacted, tliat all ships built at anyplace within the limits ■lfiS?"sl?i!fs'^wJi,'in "f the East-India Company^s Charter prior to the first day of January one thousand eight certiiiii limits. hundred and sixteen, and which then were and have continued ever since to be solely the property of his Majesty's subjects, shall be deemed to be British ships, for all the purposes of trade within the said limits, including the Cape of Good Hope, anything in this Act, or in any other Act or Acts passed in this pi-esent session of Parliament, to the contrary not- withstanding. 3 & 4 GULIEOII IV. Cap. LXXIII. An Act for the Abolition of S/avcrjj throughout the British Colonies ; for pro- utotiug the Iiuluntry of the mdinimitted Slaves ; and for compensating the Persons hitherto entitled to the Serviees of such Slaves. [28tk August, \HVS.] Act i,of to pxtomi to LXI V. And be it furtlicr enacted, that nothing in this Act contained doth or shall extend r.nst-lnilies.Kc. ^^^ any of the territories in the possession of the East-India Company, or to the island of Ceylon, or to the island of Saint Helena. 3c'n:4Wm.1V. Cap. 82.] 409 3 & 4 GULIELMI IV. Cap. LXXXII. An Act to allow tJic People called Sepctratixts to make a solemn Aljirmalioii and Declaration instead of an Oath. [_2%th Aagu.st, 1S33.J Whereas there arc in various places in Ireland, and in some parts of Eiii^land, and else- Separatists, instead where, certain Dissenters from the United C'luircli of England and Ireland and from the affii^^aJion' """'' '"'"''^ Church of Scotland, commonly called Separatists, the members of wliich class or sect of Dissenters, from conscientious scruples, refuse to take an oath in Courts of justice and other places, and in cimscquence thereof are exposed to great losses and inconveniences in their trades and concerns, and are subject to fines and imprisonment for contempt of Court, and the connnunity at large are deprived of the benefit of their testimony: and whereas it is therefore expedient that the said sect called Separatists should be relieved in manner herein- after mentioned; be it enacted by the King's most excellent Majesty, by and witli the advice and consent of the Lords spiritual and temporal, and Commons in this present Parliament assembled, and by the authority of the same, that every person for tlie time being belonging to the said sect called Separatists, who shall be required upon any lawful occasion to take an oath in any case where bv law an oath is or may be required, shall, instead of the usual form, be permitted to make his or her solemn affirmation or ileclaration in tliese words ibllouiiig: videlicet, " I, A. B., do, in the presence of Almighty God, solemnly, sincerely, and truly affirm " and declare that I am a member of the religious sect called Separatists, and that " the taking of any oath is contrary to my religious belief, as well as essentially op- " posed to the tenets of that sect ; and I do also in the same solenni manner affirm and " declare." Which said solemn affirmation or declaration shall be adjudged and taken, and is hereby Sucli uflirmatioM shall enacted and declared to be of the same force and effect, to all intents and i)ur])()ses, in all I'^^J^^ ""■" ''"''" "' "" Courts of justice and other places whatsoever, where by law an oatii is or may be required, as if such Separatists had taken an oath in the usual form. II. And be it further enacted, that if any person making sucii solemn affirmation or decla- Persons ninkincr u ration shall in fact not be one of the people commonly called Separatists, or shall wilfully, ["Jbjecf "."j*" ulo'samJ falsely, and corruptly affirm or declare any other matter or thing which if the same had been |)unislimoiit as for ptr- sworn in the usual form woidd have amounted to wilful and corrupt perjiu-y, every such per- son so offending shall incur the same penalties and forfeitures as by the law and statues of this kingdom are or may be enacted or provided against persons convicted of wilful and corrupt perjury. Vide 3 & 4 Wm. 4, cap. 49, ;iiul 1 & -2 Vic. cap. 77, as to Quakers and JMoravians. 3o 410 [3&4WM.IV. Cap. 85. 3 & 4 GULIELMI IV. Cap. LXXXV. An Act for effecting an Arrangement with the East- India Company, and for the better Government of his ISIajestys Indian Territories, till the Thirtieth day of April, one thousand eight hundred and fifty four. I28th August, 1833.] 53 G. 3, c. 15.x The British territo- ries in India to remain under the government of the Company till 30th April, 183i. Real and personal property of the Com- pany to be held in trust for the Crown, for the service of India. Whereas by an Act passed in the fifty-third year of the reign of his Majesty King George tiie Third, intituled, "An Act for continuing in the East-India Company for a further Term the Possession of the British Temtories in India, together with certain exclusive Privileges; for establishing further Regulations for the Government of the said Territories, and the bet- ter Administration of Justice within the same; and for regulating the Trade to and from the Places within the Limits of the said Company's Charter," the possession and government of the British territories in India were continued in the United Company of ^Merchants of Eng- land trading to the East-Indies for a term therein mentioned : and whereas the said Company are entitled to or claim the lordships and islands of St. Helena and Bombay under grants from the Crown, and other property to a large amount in value, and also certain rights and privi- leges not affected by the determination of the term granted by the said recited Act ; and whereas the said Company have con.sented that all their rights and interests to or in the said territories, and all their territorial and commercial, real and personal assets and property what- soever, shall, subject to the debts and liabilities now affecting the same, be placed at the dis- posal of Parliament in consideration of certain provisions herein-after mentioned, and have also consented that their right to trade for their own profit in common with other his Majesty's subjects be suspended during such time as the government of the said territories shall be con- fided to them : and whereas it is expedient that the said territories now vmder the government of the said Company be continued under such government, but in trust for the Crown of the United Kingdom of Great Britain and Ireland, and discharged of all claims of the said Com- pany to any profit therefrom to their own use, except the dividend herein-after secured to them, and that the property of the said Company be continued in their possession and at their dis- posal, in trust for the Crown, for the service of the said government, and other purposes in this Act mentioned : be it therefore enacted by the King's most excellent INIajesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons in this j)resent Parliament assembled, and by the authority of the same, that from and after the twenty-second dav of April, one thousand eight hundred and thirtv-four, the territorial acquisitions and re- venues mentioned or referred to in the said Act of the fifty-third year of his late .Majesty King George the Third, together with the port and island of Bombay, and all other territo- ries now in the possession and under the government of the said Company, except the island of St. Helena, shall remain and continue under such government until the thirtieth day of April, one thousand eight hundred and fifty-four : and that all the lands and hereditaments revenues, rents, and profits of the said Company, and all the stores, merchandize, chattels, monies, debts, and real and personal estate whatsoever, except the said island of St. Helena, and the stores and property thereon herein-after mentioned, subject to the debts and liabilities now affecting the same respect ivel}-, and the benefit of all contracts, covenants, and engage- ments, and all rights to fines, penalties, and forfeitures, and other emoluments whatsoever, which the said Company shall be seised or possessed of or entitled unto on the said twenty- second day of April one thousand eight hundred and thirty-four, shall remain and be vested in, and be held, received, and exercised respectively, according to tiie nature and quality, 3 c^ 4 Wm. IV. Cap. 8u.] 411 estate and interest of and in the same respectively, by the said Company, in trust for his Ma- jesty, his heirs and successors, for tlie service of the government of Inilia, discharged of all claims of tlie said Company to any profit or advantage therefrom to tlieir own use, except the dividend on their capital stock, secured to them as herein-after is mentioned, subject to such powers and authorities for tlie superintendence, direction, and control over the acts, operations, and concerns of the said Company as have been already made or provided by any Act or Acts of Parliament in tliat behalf, or are made or provided by tiiis Act. II. And be it enacted, that all and singular the privileges, francliises, abilities, capacities, All privileges, pow- powers, authorities, whether militarv or civil, rights, remedies, methods of suit, iienalties, for- "f'r. H!^' S,™"'?*^ j'J' Z. . ,.,.,.. . . " 11-, o.{ (.. .j, c. 1j5, for the feitures, disal)ihties, provisions, matters, and things whatsoever, granted to or continued in the term thereby limited; said United Company by the said Act of the fifty-third year of King George the Third, for and during tlie term limited by tlie said Act, and all other the enactments, provisions, matters, and all enacttnents not and things contained in the said Act, or in any other Act or Acts whatsoever which are limited, '■'-'l»'B"«"t to this Act ; or may be construed to be limited, to continue for and during the term granted to the said Comp:my by the said Act of the fifty-third year of King George the Third, so far as the same or any of them are in force and not repealed by or repugnant to the enactments herein- after contained, and all powers of alienation and disposition, rights, franchises, and immuni- ?s also all rights and ties, which the said United Company now have, shall continue and lie in force, and may be p"ny""to'^be^'i'i'r'force exercised and enjoyed, as against all persons whomsoever, subject to the superintendence, .""'i' 'M'rii, 18 j-l, sub- direction, and control herein-before mentioned, until the thirtieth day of April, one thousand *"^ ° '^"'"'° ' eight hundred and fifty-four. III. Provided always, and be it enacted, that from and after the said twenty-second day of From 22d April, April, one thousand eight hundred and thirty-four, the exclusive right of trading with the do- l®'^' S''J?" ^"'^ *^°, ' " , ■' . , " " trade of Company to minions of the Emperor of China, and of trading in tea, continued to tlie said Company by cease. the said Act of the fifty-third year of King George the Third shall cease. IV. And be it enacted, that the said Company shall, with all convenient speed after the Company to close said twenty-second day of April, one thousand eight hundred and thirty-four, close their com- J,'^*!,'' anaTo'seii 'their mercial business, and make sale of all their merchandize, stores, and effects at home and property not retained abroad, distinguished in their account books as commercial assets, and all their warciiouses, ""^ o\ernment. lands, tenements, hereditaments, and property whatsoever which may not be retained for the purposes of the Government of the said territories, and get in all debts due to them on account of the commercial branch of their affairs, and reduce their commercial establisiiments as the same shall become unnecessary, and discontinue and abstain from all commercial business which shall not be incident to the closing of their actual concerns, and to the conversion into money o the ])roperty herein-before directed to be sold, or which shall not be carried on for tiie pur- poses of the said Government. V. Provided always, and be it enacted, that nothing herein contained siiall prevent the said C"ompatiy not prc- Conipany from selling, at the sales of their own goods and mercliandizc by this Act directed ^i*," prinuMiy'of ^"iher or authorized to be made, such goods and mercliandize tlie jiropcrty of other persons as they persons. may now lawfully sell at their ])ublic sales. VI. And be it enacted, tliat tlie Hoard of Connnissioners for the affairs of India shall have HoMnl of Control to full powei- to superintend, direct, and conlrol the sale of the said merehaiidi/.e, stores, and u,'r'prop"l'iy ''"th.'.'''rc! effects, and other property herein-liefore directed to be sold, and to determine from time to iinciidii nitheconimer- .-i .i -1 . 1 n 1 . 1 • . 1 . . r- .1 • 1 1 ■'"' cslBlili>hmcnt«, time, until the saiil property sliall he convcrled into money, wliat parts ot the taid comnureial nuymentofcomnuTeiaJ ;j (J o claims, &c. 412 [3 & 4 Wm. IV. Cap. 85. estahlisliments shall be continued and reduced respectively, and to control tiie allowance and payment of all claims upon the said Company connected with the commercial branch of their affairs, and generally to s\iperintend and control all acts and operations whatsoever of the said Company whereby tlie value of the property of the said Company may be effected ; and the said Board shall and may appoint such officers as shall be necessary to attend upon the said Board to appoint Board during tlie winding up of the commercial business of the said Company ; and that the durin" Uiu^wimUn'i'-u'p charge of such salaries or allowances as his IVIajesty shall, by any warrant or warrants under of the commerciiil bu- Jjig sign manual, countersigned by the Chancellor of the Exciiequer for the time being, direct to be paid to such officers, shall be defrayed by the said Company, as herein-after mentioned, in addition to the ordinary charges of the said Board. The Cuinjiany may ^'H ^"'1 Li^ it enacted, that it shall be lawful for the said Company to take into conside- coii'^iJerclaimsoieom- ration the claims of any persons now or heretofore employed by or under the said Company, duccd, and, under the or the \vidows and children of any such persons, whose interests may be effected by the dis- control oi tlie Board, continuance of the said Company''s trade, or who may from time to time be reduced, and, grant compensations. ,/.,., \. ' n i ■ • n under the control of the said Board, to grant such compensations, superannuations, or allow- ances (the charge thereof to be defrayed by the said Company as herein-after mentioned) as shall appear reasonable : provided always, that no such compensations, superannuations, or allow- ances shall be granted until the expiration of two calendar months after particulars of the com- pensation, superannuation, or allowance proposed to be so granted shall have been laid before both Houses of Parliament. The particulars there- VIII. Provided always, and be it enacted, that within the first fourteen sitting days after of to be laid before jj^g ^^^^ nieetintr of Parliament in every year there be laid before both Houses of Parliament Parliament every year. _ '^ " "^ ■ i i the particulars of all compensations, superannuations, and allowances so granted, and of the salaries and allowances directed to be paid to such officers as may be appointed by the said Board as aforesaid during the preceding year. Ci^iiipany's dtbts and IX. .\nd be it enacted, that from and after the said twenty-second day of .April one thou- Ind'ia "^^ "^ ' ° smk\ eight hundred and thirty-four, all the bond debt of the said Company in Great Britain, and all the territorial debt of the said Company in India, and all other debts which shall on that day be owing by the said Company, and all sums of money, costs, charges, and expenses which after the said twenty-second day of A[)ril one thousand eight hundred and thirty-four, may become payable by the said Company in respect or by reason of any covenants, contracts, or liabilities then existing, and all debts, expenses, and liabilities whatever which after the same day shall be lawfully contracted and incurred on account of the Government of the said territories, and all payments by this Act directed to be made, shall be charged and chargeable upon the revenues of the said territories ; and that neither any stock or effects which the said Company may hereafter have to their own use, nor the dividend by this .Act secured to them, nor the Directors or proprietors of the said Company, shall be liable to or chargeable with any of the said debts, payments, or liabilities. wiiiie India is under X. Provided always, and be it enacted, that so long as the possession and government of pi.vernmeiit of the j.]^g g^jj territories shall be continued to the said Company, all persons and bodies politic shall Company, their pro- sr j ' r i perty to continue sub- and may have and take tlie same suits, remedies, and proceedings, legal and equitable, against ject to execution. ^^^^ ^^^j^j Company, in respect of such debts and liabilities as aforesaid, and the property vested in the said Company in trust as aforesaid shall be subject and liable to the same judgments and executions, in the same manner and form respectively as if the said property were hereby continued to the said Company to their own use. 3 & 4 Wm. IV. Cap. 80.] 413 XI. And be it enacted, that out of the revenues of the said territories there shall be paid to Adividendof 10/. 10<. or retained by the said Con)])any, to their own use, a yearly dividend after the rate of ten pounds ''"paiVJifcurim"^^^^ ten shillings per centum per anninii on the j)resent amount of their cajjital stock; (1) the said *'"'='« •'y half-yearly dividend to Iio payable in Great IJritain, by equal half-yearly payments, on the sixth day of Britain. '" ^''^ January and the sixth day of July in every year; the first half-yearly payment to be made on the sixth day of July one thousand eight hundred and tliirty-four. (1) [The origiiuil capital of the English Company trading to the East-Indies was jt**2,000,0()0. Tiie 6th Anne, cap. 17 (under which tlie union of" the two Companies was effected) authorized an increase of" Xl,'200,000 to be raised by additional subscriptions of" the Proprie- tors. Tiiis addition was made for the purpose of granting a loan to the Crown, and very stringent proceedings were prescribed with respect to those Proprietors who refused or neglected to pay up their quota of the additional subscription. By 26 Geo. 3, cap. 62, a further addition of X800,000 was sanctioned, and it was provided that the new stock might be subscribed at the rate of £160 per cent. The 29 Geo. 3, cap. 65, empowered the Company again to increase their capital stock by an addition of <£l,000,000, and provision was granted to receive subscrip- tions for the increased amount at the rate of j£l70 per cent, A f"urther extension took place under 33 Geo. 3, cap. 47, to the amount of j£l, 000,000, which was allowed to be raised at the rate of .£'200 per cent. The 37 Geo. 3, cap. 31, authorized an addition of i'2,000,000. No increase of capital, however, took place under tliat Act, and the Company were j)ermitted by 47 Geo. 3, cap. 41, to raise the recpiired siuu on bond. The amount of capital stock thus remained at .£6,000,000; of which, as has l)een shown, j£800, 000 was subscribed at a jjremium of 60 ])er cent., ^1,000, 000 at a premium of 70 per cent., and j£l, 000,000 at a premium of 100 per cent. The dividend secured on the suspension of tlie Company's trade is at the same rate as that paid without interruption from the year 1793, and which had been confirmed by 33 Geo. 3, cap. 52, and 53 Geo. 3, cap. 155.] XII. Provided always, and be it enacted, that the said dividend shall be subject to re- niviiloiul to be siiii- dcmption by Parliament uiKin and at any time after the thirtieth day of Ai)ril, one thousand J;;",'" '■'^"''^^"'P''''" ''y ' -' ' _ - . I'arliuniciit altir April, eight hundred and seventy-four, on payment to the Company of two hundred |)()Uiu!s steiling IHTi, on payment oi for every one hundred pounds of the .said capital stock, together with a prupurlionate jiait of ' the same dividend, if the redem|)tion shall take phue on any other day than one of the said half-yearly days of payment : jirovided also, that twelve months' notice in writing, signilied Notice oi rudemp. by the Speaker of the House of Commons by the oiihr of the ITou.se, shall bj givci) to tln' ""' said Company of the intention of Parliament to redeem the said dividend. 414 [3 & 4 Wm. IV. Cap. 85. If Company depriv- XIII. Provided always, and be it enacted, that if on or at any time after the said thir- of l'ndia''tlfe7ma)"de- t'^th day of April, oue thousand eight hundred and fifty-four, the said Company shall by the mand redemption of expiration of the term hereby granted, cease to retain, or shall by the authority of Parliament the dividend. ^^ deprived of the possession and government of the said territories, it shall be lawful for the said Company, within one year thereafter to demand the redemption of the said dividend, and provision shall be made for redeeming the said dividend, after the rate aforesaid, within three years after such demand. Company to pay to XIV. And be it enacted, that there shall be paid by the said Company into the Bank of Commissionersfor lie- j?,,,]^.,,,,] jq i\^^ account of the Commissioners for the Reduction of the National Debt, such duction of National » ' Debt £2,000,000; sums of money as shall in the whole amount to the sum of two millions sterling, with com- pound interest after the rate of three pounds ten shillings per centum per annum, computed half-yearly, from the said twenty-second day of April, one thousand eight hundred and thirty- to be placed to account four, on S3 much of the said sums as shall from time to time remain unpaid ; and the the Com'^'an '^""'^ "^ cashiers of the said Bank shall receive all such sums of money, and place the same to a separate account with the said Commissioners, to be intituled " The Account of the Monies and divi- Security Fund of the India Company ; " and that as well the monies so paid into the se^ndties!" and "divU s^id Bank as the dividends or interest which shall arise therefrom, shall from time to time dends placed to the be laid out under the direction of the said Commissioners, in the purchase of capital th™"lioTe'^'amo'untTto Stock in any of the redeemable Public Annuities, transferable at the Bank of England ; twelve millions. which capital stock so purchased shall be invested in the names of the said Commissioners on account of the said Security Fund, and the dividends payable thereon shall be received by the said cashiers and placed to the said account, until the whole of the sums so received on such account sb.all have amounted to the sum of twelve millions sterling : and the said monies, stock, and dividends, or interest, shall be a Security Fund for better securing to the said Company the redemption of their said dividend after the rate herein-before appointed for such redemption. Commissioners for XV. Provided always, and be it enacted, that it shall be lawfid for the said Commissioners Debru'pon'rcqul'uion ^^r the Reduction of the National Debt from time to time, and they are hereby required, upon of Court, nuiy raise requisition made for that purpose by the Court of Directors of the said Company, to raise money lor paying the , i ■ i /-^ i c i ,• i <. dividend in caseoffai- a'ld pay to the said Lompany such, sums ot money as may be necessary tor the payment of lure or delay of remit- i\^^, ^ajj Company's dividend by reason of any failure or delay of the remittances of the proper tance of proper funds. „ , „ , ," ,. • i i i ,. , . , funds for such payment ; such sums ot money to be raised by sale or transfer or deposit by way of mortgage of a competent part of the said Security Fund, according as the said Direc- tors, witli the approbation of the said Board, shall direct : to be repaid into the Bank of Eng- land to the account of the Security Fund, with interest after such rate as the Court of Di- rectors, with the approbation of the said Court, shall fix, out of the remittances which shall be made for answering such dividend, as and when such remittances shall be received in Eng- land. Application of divi- XV^I. Provided always, and be it enacted, that all dividends on the capital stock forming dends of Security Fund j]^g g.^j^j Security Fund, accruinsr after the monies received by the said Bank to the account of and the fund itself in J ■> s^ . -i i • i i- j aid of revenues. such fund shall have amounted to the suit! of twelve millions sterling, until the said fund shall be applied to the redemption of the said Company's dividend, and also all the said Security Fund, or so much thereof as shall remain after the said dividend shall be wholly redeemed after the rate aforesaid, shall be applied in aid of the revenues of the said ter- ritories. (O 3&4W.M.IV. Cap, 85.] 415 XVII. And be it enacted, tliat the said dividend on the Company's capital stock shall be Comnanv's dividends paid or retained as aforesaid out of sucii ijart of tiie revenues of the said territories as shall '" ^^ I"'"' ""• °^ '■'^*''^' : .ir-1 -r.--- z' 111 1 111 ■/-! '"""^ '" pr^fci^'ice (o be remitted to Orreat liritani, in preference to all other charges payable thereout ui Great oilier rharsKs. and Britain ; and that the said sum of two millions sterling sliall be paid in manner aforesaid out ^2a100'™^0 to i.e paid ' . <"" "' '''^"t <'"e from of any sums which shall on tlie said twenty-second day of April, one thousand eight hundred the public and by sale and thirty four, he due to the said Company from the public as and when the same shall be "'''"=• received, and out of any monies which shall arise from the sale of any government stock on that day belonging to the said C'ompany, in preference to all other payments thereout : and that, subject to such provisions for priority of charge, the revenues of the said territories, and Subject to such prio- all monies whidi sliall belong to tlie said Company on the said twenty-second day of April, [Smiles tVbe implied one thousand eiglit hundred and thirty-four, and all monies which shall be thereafter received to service of India and by tlie said Company from and in respect of the property and rights vested in them in trust as ^^^er control. ' ' aforesaid, shall be applied to the service of the government of the said territories and in de- fraying all cliargcs and payments by this Act created, or confirmed and directed to be made respectively, in such order as the said Court of Directors, under the control of the said Board, shall from time to time direct ; any thing in any other Act or Acts contained to the contrary notwitlistanding. XVIII. Provided also, and be it enacted, that nothing herein contained shall be construed Not to prejudice per- _,.., •]•!• !•• ii- I lie » sons claiming under a or operate to tlic prejudice ot any persons claimmg or to claim under a deed ot covenants p(,v,,„.„,t between the dated the tenth day of July, one thousand eiglit hundred and five, and made between the Company and the crc- said Company of the one part, and the several persons whose hands should be thereto set Arcot, &c. and affixed, and who respectively were or claimed to be creditors of his iiighne.ss the Nabob Wallah Jah, formerly Nabob of Arcot and of the Camatic in the East-Intlies, and now deceased, and of his Iligliness the Nabob Omduh ul Oinrah, late Nabob of Arcot and of tiie Carnatic, and now also deceased, and of his Highness the Ameer ul Omrah, of the other part. XIX. And be it enacted, tliat it sliall and may be lawful for his Majesty by any Letters iiislMajesiynmyap- Patent, or by any commission or commissions to be issued under the great seal of Great ^^^'^i'^ artu'hs'orindl" Britain from time to time to nominate, constitute, and apjioint, during pleasure, sucli persons as his Majesty .sliall think fit to be, and who shall acconlingly be and be styled. Commissioners for the affairs of India; and every enactment, provision, matter, and thing relating to the Commissioners for the aflairs of India in any other Act or Acts contained, so far as the same are in force and not repealed by or repugnant to this Act, shall be deemed and taken to be applicable to the Commissioners to be nominated as aforesaid. XX. And be it enacted, tiiat the I.onl President of the Council, the Lord Privy Seal, the iCx officio Commis- First Lord of the Treasury, the principal Secretaries of State, and the Chancellor of the sioncrs. l'xche<|uer for the time being shall, bv virtue of their respective offices, be and they are hereby declared to be Commissioners for the aflairs of India, in conjunction with the jiersons to be nominated in any such commission as aforesaid, and they shall have the same powers respec- tively as if they had been cxjiressly nominated in such commission, in the order in which they are herein mentioned, next after the Commissioner first named therein. XXI. And be it enacted, that any two or more of the said CommisMoners shall and may Ivyo i ommi-..i(>ners may (onn a Hoard ; form a Board for executing the several powers which by tins Act, or i)y any otiur .Act or Acts, are or shall be ffiven to or vested in tiie Commissioners for the affairs of Inilia ; and lli.il (irst-n.uned to he Pre- " ....... siilent ; in his uhscnce the Commissioner first nanuil in anv such Letters Patent or commission, fur the tune liuiig the ne.xi in order. 416 [3&4WM.1V. Cap. 85. shall be the President of the said Board ; and that when any Board shall be formed in the absence of the President, the Commissioner next in order of nomination in this Act or in the said commission, of those who shall be present, shall for that tarn preside at the said Board. President and occa- XXII. And be it enacted, that if the Commissioners present at any Board shall be equally have the castinff vote divided in opinion with respect to an}' matter by them discussed, then and on every such occasion the President, or in his absence the Commissioner acting as such, shall have two voices or the casting vote. The Board to appoint XXIII. And be it enacted, that the said Board shall and may nominate and appoint two two secretar" other officers. two secretaries and jjuci-etai-jeg^ and such other officers as shall be necessary, to attend upon tlie said Board, who sliall be subject to dismission at the pleasure of the said Board ; and each of the said secretaries shall have the same powers, rights, and privileges as by any Act or Acts now in force are President, secreta- vested in the chief secretary of tlie Commissioners for tlie affairs of India; and tliat the paTd 'slfcli*''sa'iaries as Pi'^sident of the said Board, but no other Commissioner as such, and the said secretaries and the Crown shall direct, otiier officers, shall be paid by the said Company such fixed salaries as his Majesty- shall, by any warrant or warrants under his sign manual, countersigned by the Chancellor of the Exchequer for the time being, direct (1) (1) [Provisions relating to the constitntion, duties, and expenses of" the Board, will be found in 33 Geo. 3, cap. 52, sees. 5, 6, & 8, and 53 Geo. 3, cap, 155, sees. 90 & 91.] Secretaries and offi- XXIV. And belt enacted, that if at any time the said Board shall deem it expedient to cers to tal n J ^ t^ r^ respect to any person better Management of the Affairs of the East-India Company as well in India as in Em-ope," employed in the Kast- as enacts that no person em|)loyed in any civil or military station in the East-Indies, or claim- i"j',.e',.tor' '"^ »^'iosen ing or exercising any power, authority, or jurisdiction therein, shall be capable of being appointed or chosen into the office of Director until such person shall have returned to and been resident in England for the space of two years, shall be and is hereby repealetl : provided, that if the said Court of Directors, with the consent of the said Board, shall declare such per- 'f «"<•'' person lias .1 • I 1 ■ 1 /^^ 111- 111 unsettled aeeoinits. he son to bean accountant wUli the said I ompany, ami that his accounts are uiisettleil, or that a shall be ineligible lor charge against such a person is under the consideration of the said Court, such person shall not be '"" y'''"'^' "»i''ss they 1 1 /. 1 ■ 1 . 1 /r> ■• T-.- CI c <• t ■ are sooner settled, capable ot being cbosen into the office or Director lor the term of two years alter his return to England, unli'ss such accounts shall be settled, or such charge be decideil on, before the exjii- ration of the said term. XXIX. .Xnd be it further enacted, thai the said Cotutof Directors shall from time to time Conrt to deliver to deliver to the said Board copies of all minutes, orders, resolutions, and proceedings of all ,„lTi'.sKii"oTiimrisof Courts of Proprietors, general or special, and of all Courts of Directors, within eight days after I'ropiietor'i and Di- III,. ,. 1 /-I • 1 II • !• 11 1 1 • 1 1 " 1 rectors, and of all nia- tlie lioKling ot sucli t ourts respectively, and also copies ot all letters, advices, and despatcbes ,,.ri,ii letteis and des- whatever, whicii shall at any time or times lie received by the saiil Court of Directors or any P""'''''''. Cmimiittee of Directors, and whicli sliidl be material to be commimicaUil in (he said Board, or which the said Hoard shall from time to time recpiire. (1) (1) [;■«/<> Section :J4.] 3h 418 [3 & 4 Wm. IV. Cap. 85. No official coramu- XXX. And be it enacted, that no orders, instructions, despatches, official letters, or coin- nicatioii to be sent by niunications whatever, relatinsr to the said territories or the s;overnment thereof, or to the pro- tneCouit until approv- , . i ■ i /-, ■ p ^^ i i- ed by the Board ; pert}' or rights vested in the said Company m trust as aforesaid, or to any pubhc matters whatever, shall be at any time sent or given by the said Court of Directors, or any Committee of the said Directors, until the same sliall have been submitted for the consideration of and ap- proved by the said Board ; and for that purpose tliat copies of all such orders, instructions, despatches, official letters, or communications which the said Court of Directors, or any Com- mittee of the said Directors, shall propose to be sent or given, shall be by them previously laid before the said Board, and that within the space of two months after the receipt of such pro- posed orders, instructions, despatches, official letters, or communications, the said Board shall either return the same to the said Court of Directors or Committee of Directors, with their approbation thereof, signified under tlie hand of one of the secretaries of the said Board, by the order of the said Board ; or if the said Board shall disapprove, alter, or vary in substance any of such proposed orders, instructions, despatches, official letters, or communications, in every such case the said Board sliall give to the said Directors, in writinc, under the liand of one of tlie secretaries of the said Board, by order of the said Board, their reason in respect thereof, together with their directions to tlie said Directors in relation thereto; and the sad Directors shall and they are hereby required forthwith to send the said orders, instructions, despatches, official letters, or communications, in the form approved by the said Board, to tlieir proper except such classes of destinations : provided always, that it sliall be lawful for the said Board, by minutes from time to sTaXnay alion^^ "'* *^'™'^ ^° ^^ "^^'^^ ^°^" *'"*' purpose and entered on the records of the said Board, and to be com- municated to the said Court, to allow such classes of orders, instructions, despatches, official letters, or communications as shall in such minutes be described to be sent or given by the said Court witliout having been previously laid before the said Board. If the Court omit to XXXI. And be it enacted, that whenever the said Coiu't of Directors shall omit to prepare nirat^ns "for conside- ^^^^ submit for tile consideration of the said Board any orders, instructions, despatches, official ration of the Board, letters or communications, beyond tiie space of fourteen days after requisition made to them 'by order of the said Board, it shall and may be lawful to and for the said Board to prepare and send to the said Directors any orders, instructions, despatches, official letters, or comniu- Comt to send them, nications, togetiier witii their directions relating thereto ; and the said Directors are hereby re-. quired forthwith to transmit the same to their proper destinations. Representations may XXXII. Provided always, and be it enacted, that nothing herein contained shall extend, to ^ckl omiTmunica! o'" be Construed to extend, to resti'ict or prohibit the said Directors from expressing, \\ itliin tions; and Board to fourteen days, by representation in writing to the said Board, sucli remarks, observations, or semationsr'and'^'^gWe explanations as tliey shall think fit touching or concerning any directions which they sliall re- final orders. p^j^.g fj.Q,,^ tjjg gg^jj Board ; and that the said Board shall and they are hereby required to take every such representation, and the several matters therein contained or alleged, into their con- sideration, and to give such further directions thereupon as they shall think fit and expedient, which shall he final and conclusive upon the said Directors. If Court think the XXXIII. And be it enacted, that if it shall appear to the said Court of Directors that any orders of Board con- ,,.jg,.g instructions, despatches, official letters or communications, except such as shall pass trary to law. the I ourt ' ' • ■ . , i- • • i i -j t> i of King's Bench may through the Secret Committee, upon winch directions may be so given by the said Board as an'-cLc whiT "ma'be aforesaid, are contrary to law, it shall be in the power of the said Board and the said Court of agreed upon; snch opi- Uij-ectors to send a special case, to be agreed upon by and between them, and to be signed by the nion to be conclusive. pj.ggjjg|^j ^f ,1^^ g^jj g^^j.^ „„j tl,e Chairman of the said Company, to three or more of the 3&4WM.IV. Cap. 85.] 419 judges of his Majesty's Court of King's Beiicii, for the opinion of the said judges; and the said judges are hereby required to certify tlieir opinion upon any case so submitted to them, and to send a certificate thereof to tlie said President and Ciiairman ; which opinion sliall be final and conchisive. XXXIV. Provided always, and be it enacted and declared, that the said Board shall not Board not empower- have the power of appointin"- any of the servants of the said Company, or of directing or inter- '''} f° »Ppo'"t officers _ ' ' ' i^ .' I . ' e of the ( ompany, or to fering witli the oilicers and servants of tiie said Company, (1) employed in the home establish- interfere with home inent, nor shall it be necessary for the said Coiu-t of Directors to submit for the consideration ° '^^'^^' of the said Board their communications witli the officers or servants employed in their said homo establishment, or with the legal advisers of tlie said Company. (1) [J'idc 33 Geo. 3, cap. 52, sec. 14.] XXXV. And be it enacted, that the said Court of Directors shall from time to time appoint Directors to appoint a Secret Committee, to consist of any number not exceeding three of tlie said Directors, for ^vi,o's'i[rtn taUe'thefoI- the particular purposes in this Act specified ; which Directors so appointed shall, before tliey lowing oatli. or any of them shall act in the execution of the powers and trusts hereby reposed in them, take an oath of the tenor following ; (that is to say,) " I, A. B., do swear, tliat I will, according to the best of my skill and judgment, faith- " fully execute the several trusts and powers reposed in me as a member of the Secret " Committee appointed by the Court of Directors of the India Company ; I will not dis- " close or make known any of the secret orders, instructions, despatches, official letters or " communications which shall be sent or given to me by the Commissioners for tiie Affairs " of India, save only to tlie other members of the said Secret Committee, or to the person " or persons who shall be duly nominated and employed in transcribing or preparing the " same respectively, unless I shall be authorized by the said Commissioners to disclose " and make known the same. " So help me God." Which said oath shall and may be administered by the several and respective members of the said Secret Committee to each other ; and, being so by them taken and subscribed, shall he recorded by tlie secretary or deputy secretary of the said Court of Directors for the time being amongst the acts of the said Court. (1) (1) [ Vide 53 Geo. 3, cap. 155, sec. 74.] XXX\'I. Provided also, and be it enacted, that if the said Board shall lie of opinion that If tlie Roanl are of ,1 1 • . .. /> r .1 • 1 1-1 .■ • ..1 1 • I • opinion that anv niat- tlie sul)ject matter ot any ot then- (lclu)erations concernmg the levynig war or makmg pi'nce, ,j,|.^ «hrrein Indian or or treating or negotiating witli anv of the native princes or states in India, or with anv '"i"'' '•lates are con- , . , . ; , . 1 1 1 • 1 1 • " cernril reiruire serrccy, otiier [irnices or states, or touclimg the policy to be observed with respect to such pruice.- or the Hoard may send states intended to be communicated in orders, despatclies, official letters, or communications, "/fi""'' comnuinica. „ , _, .,..-,. ~ /. I • 1 ''°"* Ihrongli .Secret to any of the Governments or presidencies ni India, or to any officers or servants of the saul Conunittec. Company, shall be of a nature to require secrecy, it shall and may be lawful for tiie said Board to send their orders, despatches, official letters or communications, to tiie Secret Com- mittee of the said Court of Directors to be appointed as is by tiiis Act directed, wiio shall thereupon, witliout disclosing the same, tram^mit tlie same according to the tenor thereof, or jiuisuant to the directions of llie said lioard, to the respective governments anti jire- 420 [3 & 4 Wm. IV. Cap. 85. sidencies, officers and servants; and that the said governments and presidencies, officers and servants, shall be bound to pay a faithful obedience thereto, in like manner as if such orders, despatches, official letters or communications had been sent to them by the said Court of Directors. (1) (1) [For further enactments respecting the Secret Committee and the persons employed under it, see 33 Geo. 3, cap. 52, sections 19, 21, & 22, and 53 Geo. 3, cap. 155, sections 73, 74, 75, & 76.] XXXVII. And be it enacted, that the said Court of Directors shall, before the twenty- to the Board an esti- second tlay of April, one thousand eight hundred and thirty four, and afterwards from time mate of salaries of Di- j so often as reductions of the establishment of the said Court, or otlier circumstances, rectors and other ex- <.""^, " i . n i i • i -ii i_ penses of the India- may require, frame and submit to the said Board an estimate of the gross sum which will be s^b^ect^'o reduction.'''' annually required for the salaries of the Chairman, Deputy Chairman, and Members of the said Court, and the officers and secretaries thereof, and all other proper expenses fixed and contingent thereof, and of General Courts of Proprietors ; and such estimate shall be subject to reduction by the said Board, so that the reasons for such reduction be given to the said Court of Directors ; and any sum not exceeding the sum mentioned in such estimate, or (if The sum allowed to ^""'>- J ^ , n , n i- i i i. j- be applicable to such the same shall be reduced) in such reduced estimate, shall be annually appncable, at the dis- ortiTe'coiirt o'dI'Ic'- cretion of the Court of Directors, to the payment of the said salaries and expenses ; and it tors. shall not be lawful for the said Board to interfere with or control the particular application thereof, or to direct what particular salaries or expenses shall from time to time be increased or Accounts of applica- reduced : provided always, that such and the same accounts shall be kept and rendered of the tion to be rendered. sums to be applied in defraying the salaries and expenses aforesaid as of the other branches of the expenditure of the said Company. Presidency of Fort XXXVIII. And be it enacted, that the territories now subject to the government of the William in Bengal to Presidency of Fort AVilliam in Bengal shall be divided into two distinct presidencies, one of Presidencies. such presidencies, in which shall be included Fort "William aforesaid, to be styled the Presi- dency of Fort William in Bengal, and the other of such presidencies to be styled the Presi- Tbe Court to declare dency of Agra; (1) and that it shall be lawful for the said Court of Directors, under the the limits from time to control by this Act provided, and they are hereby required to declare and appoint what part s'id'encies. " or parts of any of the territories under the government of the said Company shall from time to time be subject to the government of each of the several presidencies now subsisting or to be established as aforesaid, and from time to time, as occasion may require, to revoke and alter, in the whole or in part, such appointment, and such new distribution of the same as shall be deemed expedient. (1) [By 5 & 6 Wm. 4, cap. 52, the Court of Directors are authorized, with the approbation of the Board of Commissioners for the affairs of India, to suspend the execution of the contemplated division into two distinct presidencies. The same Act provides that during such sus- pension the Governor-general in Council may appoint a servant of the Company of ten years' residence to be Lieutenant-governor of the north-west provinces, under such limitations as may be prescribed. See note on that Act,] 3&4 W.M.IV. Cap. 85.] 421 XXXIX. And be it enacted, tluit the superintendence, direction, and control of tlie whole Government of India civil and military government of all the said territories and revenues in India .shall be and is hereby vested in a Governor-general and counsellors, to be styled " Tlie Governor-general of India in Council." XL. And be it enacted, that there shall be four ordinary members of the said Council, There slmli be four three of whom shall from time to time be appointed by the said Court of Directors from °hrero7wl.om"l>aiiTe amongst such persons as shall be or shall have been servants of the said Company ; and each servants of the Com- of the said three ordinary members of Council shall at the time of his appointment have l)een in tlie service of the said Company for at least ten years ; and if he sliall be in tlie military no military officer service of the said Company, he shall not durin 1/. •! i»i/' ii'i'i hilint; to supreme go- •(.Tovernor-geneial ot rort William in Bengal iii(-()uncil, and the Uovernor-geneial ol I'ort v,.,„„„.,it bhall npply William in Bengal alone, respectively, in any other Act or Acts contained, so far as liu' i" ciovmior-giMurai of same arc now m force, and not re])eale(l hv or repugnant to the ])rovisions ol tins Act, shall alone. 424 [3 & 4 Wm. IV. Cap. 85. continue and be in force and be applicable to the Governor-general of India in Council, and to the Governor-general of India alone, respectively. A law commission LIII. And whereas it is expedient that, subject to such special arrangements as local cir- qiiire into the iurisd'ic' ciimstances may require, a general system of judicial establishments and police, to which all tion, &c. of existing persons whatsoever, as well Europeans as natives, may be subject, should be established in the Courts of Justice and . , . . , • i i i i i " ' i i- i_i • » ii police establishments, said territories at an early period, and that such laws as may be apphcable m common to all and the operation of dosses of the inhabitants of the said territories, due regard being had to the rights, feelings, the laws. ' c <::> C7 j-j and peculiar usages of the people, should be enacted, and tiiat all laws and customs having the force of law within the same territories should be ascertained and consolidated, and as occasion may require amended ; be it tlierefore enacted, that the said Governor-general of India in Council shall, as soon as conveniently may be after the passing of this Act, issue a commission, and from time to time commissions, to such persons as the said Court of Directors with the approbation of the said Board of Commissioners, shall recommend for that purpose, and to such other persons, if necessary, as the said Governor- general in Council shall think fit, all such persons, not exceeding in the whole at any one time five in number, and to be styled, " The Indian Law Commissioners," with all such powers as shall be necessary for the purposes herein-after mentioned ; and tlie said Commissioners sliall fully inquire into the jurisdiction, powers, and rules of the existing Courts of justice and police establishments in the said territories, and all existing forms of judicial procedure, and into the nature and ope- ration of all laws, whether civil or criminal, written or customary, prevailing and in force in any })art of the said territories, and wliercto any inhabitants of the said territories, whether Commissioners from Europeans or others, are now subject; and tlie said Commissioners shall from time to time th'e''result™of their''in- '"a^e reports, in whicli they shall fullv set forth tlie result of their said inquiries, and shall i ■ t i- ■ i • " ,.1 any office, the King to the notification oi the vacancy 01 any office or employment in India in the appointment of the "I'P"'"'- said Court shall have been received by the said Court, to supply such vacancy, then and in every such case it shall be lawfid for his Majesty to appoint, by writing under his sign manual, such person as his Majesty shall think proper to supply such vacancy ; and that every person so apjiointed shall liave the same powers, privileges, and authorities as if he or tliey had been appointed by the said Court, and shall not be subject to removal or dismissal witiiout tiie ap- probation and consent of his Majesty. (1) (1) [Vide 33 Geo. 3, cap. 52, sec. 26.] Power for the Court LXI. And be it enacted, that it shall be lawfid for the said Court of Directors to appoint to make provisional ^^^^ person or persons provisionally to succeed to any of the offices aforesaid for supplying offices. any vacancy or vacancies therein, when tlie same shall happen by the death or resignation of the person or persons holding the same office or offices respectively, or on his or their departure from India with intent to return to Europe, or on any event or contingency expressed in any such provisional appointment or appointments to the same respectively, and sucii appointments Provisional appoint- again to revoke: provided that every provisional appointment to the several offices of Gover- ments of certain offi- nor-ve , . , " t"^ control over the Governors and Governors in Council of Fort William in Bengal, Fort Saint George, Bom- presidencies, bay, and Agra, (1) in all points relating to the civil or military administration of the said pre- sitlencics respectively, iiiid the said (iovernors and Governors in Council sliall be bound to obey such orders and instructions of the said Governor-general in Council in all cases what- soever. (2) (1) [ Vide note on section 38.] (2) [ Vide 13 Geo. 3, cup. 03, sec. 9, and 33 Geo. 3, cap. 52, sees. 40, 41,43, oS: 44.] LXVI. And be it enacted, that it shall and may be lawful for the Governor or Governors Drafts of hiws |)ro- in Council of Fort William in Bengal, Fort Saint (ieorge, JJombay, and Airra respectively, to po^e'lkv <:ovcrnors to 1 • /• -1 1 i. • " • ' he taken nito consiclc propose to the said Governor-general ui Council drafts or projects of any laws or regulations ration !)>• (iovernor- which the said Governor or Governors in Council respectively may think expedient, together *^"*™' '" ' """<=''• witli their reasons for proposing the same ; and the said (Jovernor-gcneral in Couiicil is hvTeby required to take the same and such reasons into consideration, and to conmiunicate the resolutions of the said Governor-general in Council thereon to the Governor or Governor in Council by whom the same shall have been proposed. 3 1 2 428 [3 8c 4 Wm. IV. Cap. 85. Powers of Governors LX\'II. And be it enacted, that when the said Governor-general shall visit any of tli? pre- of presidencies not to gidencies of Fort Saint Georo;e, Bombay, or As^ra, (1) the powers of the Governors of tiiose be suspended. o ■' r- i • ■ i i i presidencies respectively shall not by reason ot sucli visit be suspended. (1) [ T/V/e note on section 38.] Communications to LXVIII. And be it enacted, that the said Governors andGovernors in Council of the said be transmitted by Go- presidencies of Fort William in Bengal, Fort Saint George, Bombay, and Agra,(l) re- general' in^CoundL"'*'^' spectively shall and they are hereby respectively required regularly to transmit to the said Governor-general in Council true and exact copies of all such orders and acts of their respective o-overnments, and also advice and intelligence of all transactions and matters whicli siiall liave come to their knowledge, and wliich they shall deem material to be communicated to the said Governor-general in Council as aforesaid, or as the said Governor-general in Council shall from time to time require. (1) [Vide note on section 38.] The Govfrnor gene- LXIX. And be it enacted that it shall be lawful for the said Governor-general in Council, rill ill Council may ap- ^s often as the exigencies of the public service may appear to him to require, to appoint sucii norof'Bnl'Ja/af exi- one of the ordinary members of the said Council of India as he may tliink fit to be Deputy- geuciesmay rctiure. governor of the said presidency of Fort AVilliam in Bengal, and such Deputy-governor shall be invested with all the powers and perform all the duties of the said Governor of the Presi- dency of Fort William in Bengal, but shall receive no additional salary by reason of such appointment. Provision in ease the LXX. And be it enacted, that whenever tiie said Governor-general in Council shall declare Governor-general in ^\^^^ jj j^ expedient that the said Governor-general should visit any part of India unaccompa- exiIei'i'ienVfor 1*116 Go- nicd by any member or members of the Council of India, it shall be lawful for the said Gover- vernor-gencral to visit noi-.o-eneral in Council, pveviouslv to the departure of the said Governor-general, to nomi- any pan of India with- & „ , ^, -i "j? t ]• . i ii • i . r .1 -w- -1 • 1 1 • out his Comicil. nate Some member ot the Council of India to be President of the said Council, in wliom during the absence of the said Governor-general from the said presidency of Fort William in Bengal, the powers of the said Governor-general in assembliesof the said Council sliall be reposed ;(1) and it shall be lawful in every such case for the said Governor-general in Council, by a law or regulation for that purpose to be made, to authorize the Governor-general alone to exercise all or any of the powers which might be exercised by the said Governor-general in Council, ex- cept the power of making laws or regulations: provided always, that during the absence of the Governor-general no law or regulation shall be made by the said President and Council without the assent in writing of the said Governor-general. (1) [ Vide 33 Geo. 3, cap. 52, sec. 53. Vide also Act of Government of India, No. 26 of 1837, in Appendix.] •iTie new presidency LXXI. And be it enacted, that there shall not, by reason of the division of the territories of Agra not to aflect now subject to the government of the presidency of Fort William in Bengal into twopresiden- mands'and'""fficeT'!n cies as aforesaid, (1) be any separation between the establishments and forces thereof re- Bengal and Agra. spectively, or any alteration in the course and order of promotion and succession of the Com- pany's servants in the same two presidencies respectively, but that all the servants, civil and mili- tary, of the Bengal establishments and forces, shall and may succeed and be appointed to all 3&4Wm. IV. Cap. 85.] 429 conuiiamls ami offici's within eitlKr of the s;»id presidencies respectively as if this Act had not been passed. (1) [J'ide note on section 38.] LXXII. And be it enacted, that for the purposes of an Act passed in tlie fourth yc.ir of PiesUlciicy of Ftrt tlie reiffn of liis late Majestv Kini-- George the Fourth, intituled, "An Act to consolidate and ^^'h'"" '° *"= *"''r' '^ . ■ . . . . ""^ ""' purposes of tl;c amend the Laws for punishing- Mutiny and Desertion of Officers and Soldiers in the Service Mutiny ,^ct. of the East-India Company, and to authorize Soldiers and Sailors in the East-Indies to send and receive Letters at a reduced ]late of Postage," (1) and of any Articles of War made or to be made under the same, the presidency of Fort William in Bengal shall be taken and deemed to comprise under and within it all the territories which by or in virtue of this Act siiall be divided between the presidencies of Fort AVilliam in Bengal and Agra respectively, and shall for all the purposes aforesaid be taken to be the presidency of Fort William in Bengal in the said Act mentioned. (1) [Repealed from the 1st of January, 1841, by 3 & 4 Vic. cap. 37, which comes into operation from the same date. For tlie purposes of the last named Act, it is therein provided (sec. 4-2) that the Presidency of Fort William shall be entire.] LXXIII. And be it enacted, that it sliall be lawful for the said Governor-general in Ariicles cf Wui- to Council from time to time to make Articles of ^Var for the government of the native officers general 'in^^",'""'"" and soldiers in the military service of the Companv, and for the administration of justice by courts-martial to be holden on such officers and soldiers, and such Articles of War from time to time to repeal or vary and amend; and such Articles of War sliall be made anil taken notice of in tlie same manner as all other the laws and regulations to be made by the said Governor-general in Council under this Act, and shall jirevail and be in force, and shall be of exclusive authority over all the native officers anil soldiers in the said military service, to what- ever presidency such officers and soldiers may belong, or wheresoever tliey may be serving : provided nevertheless, that until such Articles of AVar shall be made In" the said Governor- general in Council any Articles of War for or relating to the government of the Company's native forces, which at the time of this Act coming into operation shall be in force and use in any part or parts of the said temtories shall remain in force. (1 ) (1) [Vide 53 Geo. 3, cap. 155, sees. 96 and 97, & 3 & 4 Vic. cap. 37, sees. 7 & 8.] LXXIV. And be it enacted, that it shall be lawful for his Majesty, by any writing unilir u;, sriiip=tv mny his sign manual, countersigned by the President of the said Board of Commissioners, to ro- ■"J"'"";'^ "">' ""I'-er o; ° , , . ...... ''"-■ I iimi'iiiiy III Iniliii. move or dismiss any ])erson holding .-my office, employnuiit, or commission, civil or military, under the said Company in India, and to vacate any appointment or connnission of any jjcrson to any such office or employment; i)rovided that a copy of every such writing, attested by the said President, shall within eight days after the same sh.-ill lie signed bv his IVtajesty be trans- mitted or delivered to the (. hairman or Deputy Ciiairman of the saiil Company. (1) (1) [ Vide .'33 Geo. 3, cap. 5-2, sec. .35.] 430 [3&4Wii.IV. Cap. 85. The power of the Di- rectors to remove their servants preserved. LXXV. Provided always, and be it enacted, that notiiing in this Act contained sliall take away the j)Ower of the said Court of Directors to remove or dismiss any of tlie officers or servants of the said Company, but that the said Court shall and may at all times have full libertv to remove or dismiss any of such officers or servants at their will and pleasure; pro- vided that any servant of the said Company appointed by his Majesty through the default of appointment by the said Court of Directors shall not be dismissed or removed without his Majesty's approbation, as herein-before is mentioned. (1) [ Vide 33 Geo. 3, cap. 52, sec. 36, and 53 Geo. 3, cap. 155, sec. 80.] Acceptance of gratui ties a misdemeanor. Salaries of Governor- l.XXVI. And be it enacted, that there shall be paid to the several officers herein-after general, &e. fixed; to i^aH^etJ t],e several salaries set against the names of such officers, subject to sucli reduction of be mheii ofalIfees,&c. . . P . . . the said several salaries respectively as the said Court of Directors, with the sanction of the said Board, may at any time think fit ; (that is to say,) To the Governor-general of India, two hundred and forty thousand sicca rupees : To eacli ordinary Member of the Council of India, ninety-six thousand sicca rupees: To each Governor of the Presidencies of Fort St. George, Bombay, and Agra, one hundred and twenty thousand sicca rupees : To cacli Member of any Coiuicil to be appointed in any presidency, sixty thousand sicca rupees: And the salaries of the said officers respectively shall commence from their respectively taking upon them tlie execution of their respective offices, and the said salaries shall be the whole profit or advantage which the said officers shall enjoy during their continuance in such offices respectively ; and it shall be and it is hereby declared to be a misdemeanor for any such officer to accept for his own use, in the discharge of his office, any present, gift, donation, gratuity, or reward, pecuniary or otherwise whatsoever, or to trade or traffic for his Passage-money 6xed. own benefit or for the benefit of any other person or persons whatsoever, (1) and the said Court of Directors are hereby required to pay to all and singular the officers and persons herein- after named who shall be resident in the United Kingdom at tiie time of tlieir respective ap- pointments, for the purpose of defraying the cxpences of their equipment and voyage, such sums of money as are set against the names of such officers and persons respectively ; (2) (that is to say,) To the Governor-general, five thousand pounds : To each Member of the Council of India, one thousand two hundred pounds: To each Governor of the Presidencies of Fort St. George, Bombay, and Agra, two thousand five hundred pounds: Provided also, that any Governor-general, Governor, or Member of Council appointed by or by virtue of tliis Act, who shall at the time of passing this Act hold the office of Governor- general, Governor, or IVIember of Council respectively, shall receive tlie same salary and allowances that he would have received if this Act had not been passed. (1) [Vide 33 Geo. 3, cap. 52, sees. 62, 63, and 137.] (•2) [Vide 53 Geo. 3, cap. 155, sec. 89, as to passage-money to various officers.] 3 &4Wm. IV. Cap. 85.] 431 LXX\'II. Provided always, and be it enacted, tiiat if any Govcrnor-goiieral, Governor Governor-general and or ordinary Member of the Comicil of India, or any ]\Ieniber of the Council of any presi- pens[on"an(l "other sa- dency, sliali hold or enjoy any pension, salary, or any place, office, or emjiloymcnt of profit '"■■'** f''"'" ''"^ Crown ,, ,, I,'/.. fi •!/-, -ii \., or Company while tlicy under the Crown or any public oHice of tlie said Company, or any annuity ])ayal)le out of the hold office. civil or military fund of the said Company, tiie salary of liis office of Governor-general of India, Governor or Member of Council, shall be reduced by the amount of the pension, salary, annuity, or profits of office so respectively held or enjoyed by him. LXXN'III. And be it enacted, that the said Court of Directors, witli tlic approbation of Directors to make the said Board of Connnissioners, shall and may from time to time make regulations for the trn)ut1on"of°patrona'Ee division and distribution of the patronage and })0\ver of nomination of and to the offices, '"• I'ldia. commands, and employments in the said territories, and in all or any of the presidencies thereof, among the saitl Governor-general in Council, Govcrnoi-generai, Governors in Coun- cil, Governors, Commander-in-chief, and other commanding officers respectively appointed or to be appointeil inidor this Act. (1) (1) [ Vide 53 Geo. 3, cap. 155, sec. 81.] LXXIX. And be it enacted, that the return to Europe or the departure from India Departure of Gover- with intent to return to Europe of any Governor-general of India, Governor, Member of K°urope,'^'to be a'^resig- Councii, or Commander-in-chief, shall be deemed in law a resignation and avoidance of his nation. office or employment, and that no act or declaration of any Governor-general, or Governor, or Member of Council, other than as aforesaid, excepting a declaration in writing under Resignation in India hand and seal, delivered to the Secretary for the Public Department of the Presidency " " ^ wherein he shall be, in order to its being recorded, shall be deemed or held as a resignation or surrender of his said office ; and that the salary and other allowances of any such Governor- Salary to cease on general or other officer respectively shall cease from the day of such his deiiarture, rcsig- ',ig,','"^ ""^^ °' rciigna- nation, or surrender ; and that if any such Governor-gencr.il or Member of Council of India shall leave the said territories, or if any Governor or other officer whatever in the service of the said Company shall leave the presidency to which lie shall belong, other than in the known actual service of the said Company, the salary and allowances ajipertaining to his office shall not be paid or payable during his absence to any agent or other person for liis use ; and in the event of his not returning, or of his coming to Europe, his salary and jillowanccs shall be deemed to have ceased on the day of his leaving the said territories, or the presidency to which he may have belonged ; (1) provided that it shall be lawful for the said Company As to represcniativcs to make such i)ayment as is now by law permitted to be made to the rei)resentatives of their of "'fibers dying during ...... absence. ofHcers or servants who, having left their stations inteiuling to return thereto, shall die din-ing their absence. (2) (1) [ Jlcle 33 Geo. 3, cap. 52, sec. 37. Tlie rule prohibiting payment ot" .salary to an agent diu'ing absence, has been modified witli respect to officers inider the rank ot" Members of Council, bv 7 \V'm. 4, and 1 Vic, cap. 47.] (2) [ Vide 7 Geo. 4, cap. 5(>, sec. .'}.] LXXX. And be it enacled, that every wilful disobeying, and every wilful omitting, Disohedencc of or- forbearing, or neglecting to execute tlii' orders or instructions of tlie said Court of Directors !lj.™rt-"^I^'"7,r''!.cn^^^^^^^ by any Governor-general of India, (ioveruor, Member of Coiuicil, or CoinmandiM-in-chief, or of the Company in In- din, niiiidenu'unurs. 432 [3cSc 4Wm.1V. Cap.SS. by any other of tlie officers or servants of tlie said Company, luiless in cases of necessity (tlie burtiien of tlie proof of Avhich necessity shall be on the person so disobeying or omitting, forbearing or neglecting, to execute such orders or instructions as aforesaid) ; and every wilful breacli of tiie trust and duty of any office or employment by any such Governor-general, Governor, ]M ember of Council, or Commander-in-chief, or any of the officers or servants of the said Company, shall be deemed and taken to be a misdemeanor at law, and shall or may be proceeded against and punislied as such by virtue of this Act.(l) (1) [Vide 33 Geo. 3, cap. 52, sec. 65.] AutUoritv for liis LXXXI. And be it enacted, that it shall be lawful for any natural-born subjects of his Miijcsty's subjects to Majesty to proceed by sea to any port or place having a Custom-house establishment within FL-side in certain parts . •' rl \ . "', ., , ? , ., . , , of Imiia witlioiit li- the said territories, and to reside thereat, or to proceed to antl reside in or pass througli any <:6nce, Y,avt of such of the said territories as were under the government of the said Company on the first day of January, one thousand eight iuindred, and in any part of the countries ceded liy the Nabob of the Carnatic, of the province of Cuttack, and of the settlements of Singapore and Malacca, without any licence whatever; provided that all subjects of his Majesty not natives of tlie said territories shall, on their arrival in any part of the said territories from any port or place not within the said territories, make known in writing their names, jilaces of destination, and objects of pursuit in India, to the chief officer of the Customs, or other officer authorized for tiiat purpose, at such port or place as aforesaid. Subjects of Iiis Ma- LXXXII. Provided alwavs, and be it enacted, tliat it shall not he lawful for any subject jcsty not to reside in ^f j^j^. ]\j;,ie;^ty except the servants of tlie said Company and others now lawfully authorized certain parts ot India ..... . . witboiit licence. to reside in the said territories, to enter the same by land, or to proceed to or reside in any place or places in such parts of the said territories as are not herein-before in that behalf mentioned, without licence from the said Board of Commissioners, or the said Court of Directors, or the said Governor-general in Council, or a Governor or Governor in Council of any of the said presidencies for that purpose first obtained: provided always, that no licence given to any natural-horn subject of iiis JVIajesty to reside in parts of the territories not open to all such subjects shall be determined or revoked, unless in accordance with the terms of some express clause of revocation or determination in such licence contained. Tiie Governor-gene- LXXXIII. Provided always, and be it enacted, that it shall be lawful for the said '^'r'evious^°consent"'of Governor-general in Council, \\ ith the previous consent and approbation of the said Court of Directors, may declare Directors for that purpose obtained, to declare any place or places whatever within the said otlier places open. territories open to all his Majesty's natural-born subjects, and it shall be thenceforth lawful for any of his Majesty's natural-born subjects to proceed to, or reside in, or pass through any place or places declared open witiiout any licence whatever. Laws against illicit LXXXI V. And be it enacted, that the said Governor-general in Council shall, and he is rcsi enceto e mai e. ],p,.^,|3y required, as soon as conveniently may be, to make laws or regulations providing for the prevention or punishment of the illicit entrance into or residence in the said territories of persons not authorized to enter or reside therein. Laws and icgula- LXXXV. And whereas the removal of restrictions on the intercourse of Europeans with protection o(natiyes°'^ *''^ '^^''^ territories will render it necessary to provide against any mischiefs or dangers that may arise therefrom, be it therefore enacted, that the said Governor-general in Council shall. 3 & 4 Wm. IV. Cap. 85.] 433 and lie is hereby required, by laws or regulations, to provide with all convenient speed for the protection of the natives of the said territories from insult and outrage in their persons, religions, or opinions. LXXXVI. And be it enacted, that it shall Ix? lawful for any natural-born subject of his Lands within the Majesty authorized to reside in the said territories to acquire and hold lands, or any right, be'|lurcli"i!s'ed°'^''^^ "'^ interest, or profit in or out of lands, for any term of years, in such part or parts of the said territories, as he shall be so authorized to reside in : provided always, that nothing herein contained shall be taken to prevent the said Governor-general in Council from enabling, by any laws or regulations, or otherwise, any subjects of his Majesty to acquire or hold any lands, or rights, interests, or profits in or out of lands, in any part of the said territories, and for any estates or terms whatever. (1) (1) [See Act of Government of India, No. 4 of 1837, in Appendix.] LXXXVII. And be it enacted, that no native of the said territories, nor any natural-born No disabilities in subject of his Majesty resident tlierein, shall, by reason only of his religion, place of birth, fofror"*!..™ ofbi'nl"' descent, colour, or any of them, be disabled from holding any place, office, or employment, under the said Company. LXXXVI II. And be it further enacted, that the said Governor-general in Council shall Slavery to bo miti- and he is hereby required forthwith to take into consideration the means of mitio-atin-- the R'"«*1>'""'"V'*'"''''^ -' ^ _ _ _ "•'o"'^" ,-> ••'"- soon as practicable. state of slavery, and of ameliorating the condition of slaves, and of extinguishing slavery, throughout the said territories, so soon as such extinction shall be practicable and safe, and from time to time to prepare and transmit to the said Court of Directors drafts of laws or regulations for the purposes aforesaid, and that in preparing such drafts due regard shall be had to the laws of marriage and the rights and autlioritiesof fathers and heads of families, and that such drafts shall forthwith after receipt thereof be taken into consideration by the said Court of Directors, who shall, with all convenient sjx^ed, communicate to the said Governor- general in Council their instructions on the drafts of the said laws and regulations, but no such laws and rcgidations shall be promulgated or put in force without the j)revious consent of the said Court; and the .said Court shall, within fourteen days after the first meeting of Parliament in every year, lay before both Houses of Parliament a report of the drafts of such rules and regulations as shall have been received by them, and of their resolutions or proceed- ings thereon. LXXXIX. And whereas the present diocese of the bishopric of Calcutta is of too great Respectinp the in- an extent for the incumbent thereof to perform efficiently all the duties of the oflice without tl^diocl^e of Calcutta! endangering his health and life, and it is therefore expedient to diminish the labours of the bishop of the said diocese, and for that purpose to make j)i-ovision for assigning new limits to the diocese of the said bishop, and for foiuuling and constituting two separate and distinct bishoprics, but nevertheless the bisho))s thereof to be subordinate and subject to the ]{ishop of Calcutta for the time Ix-ing, and his successors, as their metr»pi)iitaii ; be it therefore enacted, that in case it shall jilease bis Majesty to erect, found and constitute two bishoprics, one to n the King croct-: Ix.' styled the bishopric of Madras and the other the Ilishopric of Bombay, and from time to .^.'f Xlif^ay, "''lain time to nominate and appoint bish()|)s to such bishopries imder the style and title of Hishops inlari.s to be' |.»id to of Madras and Hoinbay respectively, there shall be paid from and out of the revenues of the ""■" ""'''°''*- .said territories to such bislioj)s resjwtively the sum of twentv-foiu- thousand sicca ui|)ees by the year. 3 K 434 [3 & 4 Wm. IV. Cap. 85. Such salaries to com- XC. And be it enacted, that the said salaries shall commence from the time at which such taking office, and to be Persons as shall be appointed to the said office of bishop shall take upon them the execution of in lieu of all fees, &c. their respective offices; and that such salaries shall be in lieu of all fees of office, perquisites, emoluments, or advantages whatsoever; and that no fees of office, perquisites, emoluments, or advantages whatsoever shall be accepted, received, or taken by such bishop or either of them, in any manner or on any account or pretence whatsoever, other than the salaries aforesaid ; and that such bishops respectively shall be entitled to such salaries so long as they shall respectively exercise the functions of their several offices in the British territories aforesaid. Passage-money for XCI. And be it enacted, that the said Court of Directors shall and they are required to eac sue is op. p^^. ^^ ^-^^ bishops so from time to time to be appointed to the said Bishoprics of Madras and Bombay, in case they shall be resident in the United Kingdom at the time of their respective appointments, the sum of five hundred pounds each, for the purpose of defraying the expenses of their equipments and voyage. As to jurisdiction of XCII. Provided always, and be it enacted, that such bishops shall not have or use any jiu'isdiction, or exercise any ej)iscopal functions whatsoever, either in the said territories or elsewhere, but only such jurisdiction and functions as shall or may from time to time be limited to tiiem respectively by his Majesty by his Royal Letters Patent under the great seal of the said United Kingdom. The King empow- XCIII. And be it enacted, that it shall and may be lawful for his Majesty from time to ered by Letters Patent .... o j to limit jurisdiction time? it' he shall think fit, by his Royal Letters Patent under the great seal of the said United and functions. Kingdom, to assign limits to the diocese of tlie Bishopric of Calcutta and to the dioceses of the said Bishoprics of Madras and Bombay respectively, and from time to time to alter and vary the same limits respectively, as to liis Majesty shall seem fit, and to grant to such bisliops respectively within the limits of their respective dioceses the exercise of episcopal functions, and of such ecclesiastical jurisdiction as his Majesty shitll think necessary for the superinten- dence and good government of the ministers of the United Church of England and Ireland therein. The Bishop of Cal- XCIV. Provided always, and be it enacted, that the bishop of Calcutta for the time being cutta to be Metropoli- gij^H be deemed and taken to be the Metropolitan Bishop in India, and as such shall have, tan in Inilia, _ ...... . enjoy, and exercise all such ecclesiastical jurisdiction and episcopal functions, for the purposes aforesaid, as his ^lajesty shall by his Royal Letters Patent under the great seal of the said United Kingdom think necessary to direct, subject nevertheless to the general superintendence and revision of the -Archbishop of Canterbury for the time being; and that the Bishops of Madras and Bombay for the time being respectively shall be subject to the Bishop of Calcutta for the time being as such Metropolitan, and shall at the time of their respective appointments to such bisiioprics, or at the time of their respective consecrations as bishop, take an oath of obedience to the said Bishop of Calcutta in such manner as his Majesty by his said Royal Letters Patent shall be pleased to direct. ■Warrants for bills on XCV. And be it enacted, that when and as often as it shall please his Majesty to issue any poTnt'in^g Bisliops toTe Letters Patent respecting tlie Bishopric of Calcutta, Jladras, or Bombay, or for the nomination countersigned by the or ajipointment of any jierson thereto respectively, the ^^•arl•ant for the bill in every such case shall be countersigned by the President of the Board of Commissioners for the affairs of India, and by no other person. 3&4 Wm. IV. Cap. 85.] 435 CXVI. And be it enacted, that it shall and may be lawful for his Majesty, his heirs and The King may grant successors, by warrant mider his royal sipjn manual, comitersigncd by tho C'haiKvUor of the uishops of Madras or Exche([uer for the time being, to grant to any such Bishop of Madras or Bombay respec- Bombay, tively who shall have exercised in tlie British territories aforesaid for fifteen years the office of such bishop a pension not exceeding eight lunuh-ed pounds per annum, to be p:iid quarterly by tlie saiil Company. XCVII. And be it enacted, that in all cases when it sliall liappen the said person nomi- Respecting salary of nated and appointed to be bishop of either of the said Bislioprics of Madras or Bombay Bmitl'^?i"r%Wthh^ shall depart this life within six calendar months next after the day when he shall have arrived six months after arri- iu India for the purpose of taking upon him the office of such bishop, there shall be payable out of the territorial revenues from wliich tlie salary of sucli bishop so dying shall be payable, to the legal personal representatives of such bisliop, such sum or sums of money as shall, togetlier with the sum or sums paid to or drawn by such bishop in respect of his salary, make up the full amount of one years salary ; and when and so often as it sliall liappen that any or after six months 1 , ■ 1 , 11 1 1 ■ !•/. 1 •! • • <• 1 ft> IP 1 • i" c holding office in India. such bishop shall depart this lire while in possession ot sucli ofhce, and alter the expiration ot six calendar months from the time of his arrival in India for tiie j)urpose of taking u])on him such office, then and in every such case there shall be payable, out of the territorial revenues from which the salary of the said bishop so dying shall be payable, to his legal personal representatives, over and above what may have been due to him at the time of his death, a sum equal to the full amount of the salary of such bishop for six calendar months. XCVIII. And be it enacted, that if it shall hapiien that either of the Bishops of [Madras As to residence of ,, , 1 ,1 I ,1 1 T,- 1 ■ n X 1 1 ■ 1 <• • 1 V \ Bishop of Madras or or Bombay shall be translated to tlie Bishopric of Calcutta, the period ot residence ot sucli iJombay if translated, person as Bishop of Madras or Bombay shall be accounted for and taken as a residence as to Calcutta. Bisiioj) of Calcutta; and ifanyjierson now an archdeacon in the said territories shall be appointed Bishop of Madras or Bombay, tlie period of his residence in India as such arch- deacon shall for all tlie purposes of this Act be accounted for and taken as a residence as such bishop. XCIX. Provided also, and be it enacted, that if any person under the degree of a bishop As to consecration shall be appointed to eitlier of the Bishoprics of Calcutta, Madras, or Bombay, who at the the degree of a bishop, time of such aiipointment shall be resident in India, then and in such case it shall and may 'f resident m India, ' ' ' 1 • 1 1 1 u- nppo"'ted to a bishop- be lawful for the Archbishop of Canterbury, when and as he shall be reciuired so to do by his ric. Majesty by his Boyal Letters Patent under the great seal of the said United Kingdom, to issue a coiiiniission under his hanil and seal, to be directed to the two remaining bishops, autho- rizing and <'liarging tliem to perform all sucli requisite ceremonies for the consecration of the person so to be appointed to the degree and office of a bishop. C. And be it enacted, that the expenses of visitations to be made from time to time by the rrovision for ex- .,-,., /■ -nr 1 1 1. 1 • 1 1 11 1 • 1 1 xi • 1 /■ \ 4! pcnses ol visitntioni. said J5isho]is of jMadras and Bombay rt>s])ectively sliall lie iiaid by the said (. om])any out ot ' the revenues of the said territories ; jirovided tliat no greater sum on accoinit of sucli visita- tions be at any time issued than shall from time to time be definetl and settled by the Court of Directors of the said Company, with the approbation of ihf Commissioners for the affairs of India. CI. And be it enacted, that no archdeacon luTcafter to 1k' appointed for tlie archdeaconry No Arcluloacon in f .1 -I ,■■•■, ,.,.,,. • ,. , 1 11 !• 1 • 1 r i> . India In have n salary ot the presidency or J'ort Uilliam m Bengal, or the areiuleacoiu-y ol the presiikiicy ol loit ^.,;,,,,,.j|,|g ;y)i)o bicea Saint George, or the archdeaconry of the presidency and Island of Bombay, sliall receive in rupcci. 3 k2 436 [3 & 4 Wm. IV. Cap. 85. respect of his archdeaconry any salary exceeding three thousand sicca rupees per annum ; pro- vided always, that the whole expence incurred in respect of the said bishops and archdeacons shall not exceed one hundred and twenty thousand sicca rupees per annum. Twocliaplainsof the CII. And be it enacted, that of the establishment of chaplains maintained by the said be "on °he' est'Tr h' Company at each of the presidencies of the said territories, two chaplains shall always be ment of each presi- ministers of the Church of Scotland, and shall have and enjoy from the said Company such salary as shall from time to time be allotted to the military chaplains at the several Presiden- cies : provided always, that the ministers of the Church of Scotland to be appointed chap- lains at the said presidencies as aforesaid shall be ordained and inducted by tlie presbytery of Edinburiih accordine: to the forms and solemnities used in the Church of Scotland, and shall be subject to the spiritual and ecclesiastical jurisdiction in all things of the presbytery of Edinburgh, whose judgments shall be subject to dissent, protest, and appeal to the provincial Synod of Lothian and Tweedale, and to the General Assembly of the Church of Scotland : provided always, that nothing herein contained shall be so construed as to prevent the Governor-general in Council from granting from time to time, with the sanction of the Court of Directors and of the Commissioners for the affairs of India, to any sect, persuasion, or community of Christians not being of the United Church of England and Ireland, or of the Church of Scotland, such sums of money as may be expedient for the purpose of instruction or for the maintenance of places of worship. Section 103 provided for the transmission of a prospective estimate of the number of persons who in the opinion of the Governor-general in Council would be necessary to supply the expected vacancies in the Civil Establishments of the respective Governments of India in a sub- sequent year, to be fixed by rules to be framed by the Board of Com- missioners ; which estimate it was declared lawful ibr the Board to reduce. The Board were thereupon to certify to the Court of Directors what number of students should be admitted to the College at Hailey- bury in the then current year ; four candidates between the ages of seventeen and twenty were to be nominated, and one student admitted for every expected vacancy, according to the estimate or reduced estimate ; the right of nominating candidates to be in the Court of Directors. In case of the certified number not beino; nominated within a month of the receipt of the certificate, the Board might supply the deficiency. Section 104 provided for supplying vacancies in the num- ber of students caused by death, expulsion, or resignation. For each vacancy one was to be added to the number of students, and four to the number of candidates in the following year. Section 105 directed that the candidates should be examined and classed, and the candidates whose names should stand highest in the lists be admitted to the 3&4Wm. IV. Cap. 85.] 437 College, till the number of students for the year was supplied. Section 106 required the Board to frame rules for the govenmient of the College and the examinations and qualifications of candidates and students, which rules were to be revised and approved by the Kino- in Council. Section 107 regulated the mode of examining the students after residence at the College, with a view to their entering the service, and laid down rules for determining seniority and choice of Presidencv. But the 7 ^Vm. 4 and 1 Vic. cap. 70, authorized the suspension of the fourfold system of nomination, and it has accordingly been suspended. The same Act provided, in case of this suspension of the fourfold sys- tem, for the examination of candidates. The 1 & 2 Vic. cap. -22, em- powered the Board of Commissioners, whether that system should be suspended or not, to make such rules for the College as might in their judgment appear best adapted to secure the appropriate education of young men for the Civil Service of the East-India Company ; such rules to be submitted to her Majesty (after at least twenty-one days' notice to the Court of Directors), and to take effect on receiving the appro- bation of the Crown, to be signified by an Order in Council. CVIII. And be it onactod, that no appointment of any professor or teacher at the said Sanction of appoiut- Collc^e shall he valid or effectual until the same shall have heen approved Iiy the Board of "ent o' proiessors. Commissioners. CIX. And be it enacted, that every power, authority, and function by this or any other All powers of Court Act or Acts given to and vested in the said Court of Directors shall be deemed and taken to 9^ directors to be sub- 1 1 ■ 1 1 /• 1 • 1 T> 1 I- /-i • • • 1 • . • • > J*^"^' '" '''<^ control of be subject to such control oi the said Hoard ot Connnissioners as m tins Act is mentioned, the Hoard, except pa- unless there shall be something in tlie enactments conferring such powers, authorities, or fiinc- '"'''"^B^* tions inconsistent with such construction, and except as to any patronage or right of appoint- ing to oflicc vested in or reserved to the said Court. (1) (1) [For various enactments relating to the powers of the Board, see 28 Geo. 3, cap. 8, sees. 3 & 4 ; 33 Geo. 3, cap. 52, sees. 9, 10, 11, 12, 13, 15, 17, 18, 19, 68, 70, and 125 ; 37 Geo. 3, cap. 117, sec. 2 ; 39 & 40 Geo. 3, cap. 79, sec. 1 ; 47 Geo. 3, cap. 68, sec. 8 ; 51 Geo. 3, cap. 75, sec. 5 ; 53 Geo. 3. cap. 155, sees. 25, 42, 43, 44, 78, 81,83, 87, and 88 ; 55 Geo. 3, cap. 64, and 55 Geo. 3, cap. 84, sec. 1. The sections of this Act referring more particularly to the subject are, 2.5, 28, 29, :30, 31, 32, 33, 34, 36, 37, 44, 47, 57, 78, 108, and 110. For later enact- 438 [3 c^ 4 Wm. IV. Cap. 85. ments, see 5 Si 6 Wm. 4, cap. 52 ; 7 Wm. 4 and 1 Vic. cap. 47, sees. 2 and 3 ; 7 AVm. 4 and 1 Vic. cap, 70, sees. 1 & 2 ; and 1 & 2 Vic. cap. 22, sec. 1.] Board of Control CX. Provided always, and be it enacted, that nothing herein contained shall be construed prohibited from direct- {q enable tlie said Board of Commissioners to ffivc or cause to be oiven directions orderino; or ing the grant of allow- .... „ i- n • i • /. ances. authonzinc; tlie payment oi any extraorcnnary allowance or gratuity, or the nicrease oi any established salary, allowance, or emolument, unless in the cases and subject to the provisions in and subject to which such directions may now be given by the said Board, or to increase the sum now payable by the said Compan\' on account of the said Board, except only by such salaries or allowances as shall be payable to tlie officers to be appointed as herein-before is mentioned to attend upon the said Board during the winding up of the c;)mmercial business of the said Company. (1) (1) [ Vide 28 Geo. 3, cap. 8, sees. 3 and 4 ; and 33 Geo. 3, cap. 52, sees. 17 and 18.] Tlie Company to be CXI. And be it enacted, that whenever in this Act, or in any Act hereafter to be passed, called the East-India tj^g (-e,.,^, East-India Company is or shall be used, it shall be held to apply to the United Company of Merchants of England trading to the East-Indies, and that the said United Com- pany of Merchants of England trading to the East-Indies may, in all suits, proceedings, and transactions whatsoever after the passing of this Act, be called by the name of the East-India Company. St. Helena vested in CXII. And be it enacted, that the Island of Saint Helena, and all forts, factories, public the Crown. "edifices, and hereditaments whatsoever in the said island, and all stores and property thereon fit or used for the service of the government thereof, shall be vested in his Majesty, his lieirs and successors, and the said island shall be governed by such orders as his Majesty in Council shall from time to time issue in that behalf. Servants of the Com- CXIII. And be it further enacted, that every supercargo and other civil servant of the pany m China and St. j^^jj Company, now employed by the said Company in the factory at Canton or in tlie island Helena to be eligible „ ^ ■ tt , , ,, 1 i i c . 1 • 1 i i l' Oi ■ "l to offices in any presi- of Saint Helena, shall be capable oi taking and holding any othce in any presidency or esta- ^^'^'^y- blishment of the said territories which he would have been capable of taking and holding if he had been a civil servant in such presidency or on such establishment during the same time as he shall have been in the service of the said Company. Repeal of enactments CXIV. And be it enacted, tliat from and after the passing of this Act all enactments for keeping a stock of ^^^ provisions directing the said Company to provide for keeping a stock of tea shall be re- pealed. King's Courts au- CXV. And be it enacted, that it shall be lawful for any Court of Justice established by his thorized to admit ad- Majesty's Charters in the said territories to approve, admit, and enrol persons as barristers, vocates and attornies , ' , . , ,, . , ' ^ ,. ,, , . , U , . without the Company's advocates and attorneys in sucli ( ourt without any licence from the said Company, any tiling ^''*"'^^" in any such Charter contained to the contrary notwithstanding : provided always, tliat the being entitled to practise as an advocate in the principal Courts of Scotland is and sliall be deemed and taken to be a qualification for admission as an advocate in any Court in India equal to that of having been called to the bar in England or Ireland. 3&4W.M.IV. Cap. 93.] 439 CXVI. And be it further enacted, that tlie C'oiirt of Directors of the said Company shall, Accounts to le an- within the first fourteen sitting days next after the first day of May in every year, lay before 11""",'' '"'^ ^^^fote Par- both Houses of Parliament an accouTit, made up according to tlie latest advices which shall have been received, of the annual produce of tlie revenues of the said territories in India, dis- tinguishing the same and the respective heads thereof at each of their several presidencies or settlements, and of all their annual receipts and disbursements at home and abroad, distin- guisliing the same under tiic respective heads thereof, together witii tiie latest estimate of the same, and also the amount of their debts, with the rates of interest they respectively carry, and the annual amount of such interest, the state of tiieir effects and credits at each presidency or settlement, and in England ai\d elsewlicre, according to tiie latest advices which shall have been received thereof, and also a list of tlicir several establishments, and the salaries and allowances payable by tiic said Court of Directors in respect thereof: and tlie said Court of Directors, under the direction and control of tlie said ]5oard of C'onniiissioncrs, shall forthwith prepare forms of the said accounts and estimates in sucli manner as to exhibit a complete and accurate view of tlie financial affairs of the said Company ; and if any new or increased salaries, establisiiments, or pensions shall have been granted or created within any year, tiie parti- culars thereof sliall be specially stated and explained at the foot of the account of the said year. CXVIT. And be it enacted, that this Act shall commence and take effect from and after Commencement of the passing thereof, so far as to authorize the appointment or prospective or provisional ' "^ ' appointment of the Governor-general of India, Governors, Members of Council, or other offi- cers, under the provisions herein contained, and so far as hercin-before in that belialf mentioned, and as to all other matters and things, from and after the twenty-second day of April next. 3 & 4 GULTELMI IV. Cap. XCITI. An^ Act to regulate the Trade to China and India. [2Sth August, 1833.] AVhereas tlie exclusive right of trading with llie ilominions of tiie Emperor of Ciiiiia, and of trading in tea, now enjoyed by the United Company of INIerchants of England trading to the East-Indies, will cease from and after the twenty-second day of April one thousand eiglit hundred and thirty-four : and whereas it is expedient that the trade with China, and tlie trade in tea, should be open to all his Majesty's subjects, and that the restrictions imjiosed on the trade of his ^lajesty's subjects with places beyond the Cape ol'dood llojie to the Straits of Magellan, for the purpose of protecting the exclusive rights of trade heretofore enjoyed by tlie said Company, siiould lie removed : be it tiierefore enacted by tiie King's most excellent IV[ajesty, by and with the advice and consent of the Lord's s]iiritual find temporal, and Commons in this present Parliament assembled, and by the authority of tlie same, that from and after iut''»' "f ''''" •'^'^' the said twenty-second day of April one tiiousand eiglit liundred and tiiirty-fnur an .Act i,er',,'in'imnii-nal?' '* passed in the fourth year of the reign of his late Majesty King George the Fourth, intituled, "An Act to consolidate and amend the several Laws now in force with respect to Trade from and to Places within the limits of the Charter of the East-India Company, and to make 440 [3&4Wm. IV. Cap.93. further Provisions with respect to such Trade, and to amend an Act of the present Session of Parliament, for the registering of Vessels, so far as it relates to Vessels registered in India," shall be repealed, except such parts thereof as relate to Asiatic sailors, Lascars, being natives of the territories under the government of the East-India Company, but so as not to revive any Acts or parts of Acts by the said Act repealed ; and except also as to such voyages and adventures as shall have been actually commenced under the authority of the said Act ; and except as to any suits and proceedings wliich may have been commenced, and shall be de- pending on the said twenty-second day of April, one thousand eight hundred and thirty-four; and from and after the said twenty-second day of April, one thousand eight hundred and thirty-four the enactments herein-after contained shall come into operation. Repeal of piohibi- II. And be it further enacted, that so much of an Act passed in the sixth year of the reign tions upon the impor- ^ j j j j Maiestv Kino- George the Fourth, intituled, "An Act for the general Regulation tation ot tea and goods J. o ^ . ' in tic- , from China, imposed of the Customs," as prohibits the importation of tea, unless from the place of its growth, and 6^gTc*11I^'^^' ''"'' ^y *'i^ East-India Company, and into the port of London ; and also so much of the said Act as prohibits the importation into the United Kingdom of goods from China, unless by the East-India Company, and into the port of London ; and also so much of the said Act as requires tliat the manifests of ships departing from places in China shall be authenticated by the chief supercargo of the East-India Company ; and also that so much of another Act passed in the said sixth year of tlie reign of his said late Majesty King George the Fourth, intituled, " An Act to regulate the Trade of the British Possessions Abroad," as prohibits the importation of tea into any of the British possessions in America, and into the island of Mauritius, except from the United Kingdom, or from some other British possessions in America, and unless by the East-India Company or with their license, shall be, from and after the twenty-second day of April, one thousand eight hundred and thirty-four, repealed ; All British suhjeots and thenceforth (notwithstanding any provision, enactment, matter, or thing made for the )3'th"c°pe™'Go''o^d pui-pose of protecting the exclusive rights of trade heretofore enjoyed by the said Company, Hope to the Straits of in any Charter of the said Company, in the said Act or any other Act of Parliament contained,) Magellan. ^^ ^^^^^^ ^^ lawful for any of his Majesty's subjects to carry on trade witli any countries be- yond the Cape of Good Hope to the Straits of Magellan. List of persons on III. Provided always, and be it enacted, that the person having the command of any ship board any ship arriving ^j. yggsel arriviuo- at anyplace in the possession of or under the government of the said in India to be delivered o w i * to officers of Customs. Company shall make out, sign, and deliver to the principal officer of the Customs, or other pcr-son thereunto lawfully authorized, a true and perfect list, specifying the names, capacities, and description of all persons who shall have been on board such ship or vessel at the time of its arrival ; and if any person having the command of such ship or vessel shall not make out. Penalty for neglect sign, and deliver such list, he sliall forfeit one hundred pounds, one half part of which penalty ^^^' shall belong to such person or persons as shall inform or sue for the same, and the other half part to the said Company ; and if the said Company shall inform or sue for the same, then the whole of the said penalty shall belong to the said Company. Penalties how reco- IV. And be it enacted, that the penalty or forfeiture aforesaid shall be recoverable by ^*'''''''^- action of debt, bill, plaint, or information in any of his Majesty's Courts of Record in the United Kingdom of Great Britain and Ireland, and in India or elsewhere, or in any Courts iu India to which jurisdiction may hereafter be given by the Governor-general of India in Council in that behalf, to be commenced in the county, presidency, colony, or settlement where the offender may happen to be ; or by conviction in a summary way before two justices 3&4Wm. IV. Cap.9:3.] 441 of the peace in the Ignited Kiiigdoni, or in India, of the county or presidency where such offender may happen to be ; and upon such conviction the penalty or forfeiture aforesaid shall and may be levied by distress and sale of the goods and chattels of the offender; and for want of such sufficient distress every such offender maybe committed to the conunon gaol or House of Correction for the space of three calendar niontiis. V. And whereas it is expeilient for the objects of trade and amicable intercourse with tlie Three superintcn- dominionsof the Emperor of China that provision be made for the establislmient of a Uri- ?X appointed'"'''''* tisli autiioritv in the said dominions ; be it tlierefbre enacted, that it shall and may be lawful for his Majesty, by any commission or commissions, or warrant or warrants under his royal sign manual, to appoint not exceeding tliree of his IMajesty's subjects to be superintendents of the trade of his Majesty''s subjects to and from the said dominions, for tlie purpose of pro- tecting and promoting such trade, and ])v any such commission or warrant as aforesaid to settle such gradation and subordination among the said superintendents (one of whom sliall be styled the diief superintendent), and to appoint such officers to assist them in the execution of their duties, and to grant such salaries to such superintendents and officers, as his Majesty shall from time to time deem expedient. V'l. And be it enacted, that it shall and may be lawful for his Majesty, by any such order His Majesty in Coim- or orders, commission 444 [4 & 5 Wm. IV. Cap. 24. witli the Commissioners of the Customs or their officers under the authority of this Act ; hut Licences to sell tea, nothing herein-before contained shall extend to alter or affect any law of excise relating to and permits, not to be licences for the sale of tea, or relating to permits for the removal of tea, or otherwise to the internal management of tea by the Commissioners of Excise, after the duties of importation on the same shall have been paid, and after the same has been delivered out of the charge of the officers of the Customs. The seventh section relates to the means of protecting the revenue by permits or otherwise, on the removal of tea. 4 & 5 GULIELMI IV. Cap. XXIV. An Act to alter, amend, and consolidate the Laics for regulating tJie Pensions, Compensations, and Allowances, to be made to Persons in respect of tlieir having held Civil Offices in his uMajesti/'s Service. [2i')th July, 1834.] 57 G.3, c. 65. Whereas by an Act passed in the fifty-seventh year of the reign of his late Majesty King George the Third, to enable his Majesty to recompense tlie services of persons holding or who have held certain high and efficient civil offices, his Majesty is empowered to grant pensions as therein provided, to persons who shall have served his Majesty, his heirs or successors, in 6 G. 4, c. 90. the offices tlierein mentioned : and whereas by an Act passed in the sixth year of the reign of his late INIajcsty King George the Fourth, for amending the said recited Act, it is enacted, that the several other offices therein particularly described sl>all be deemed to be comprised in the several classes of offices in the said recited Act respectively specified : and whereas it is expedient that the amount of tlie pensions by the said two Acts authorized to be granted should as to future pensions be reduced, and the conditions under which the same shall be granted be altered and regulated : be it therefore enacted bv tlie King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this Pensions to the First Present Parliament assembled, and by the authority of the same, that from and after the passing Lord of the Treasurj-, of this Act no pension to be granted to any person in respect of his having served in any one Chancellor of the Ex-' or more of the offices of First Lord of the Treasury, or of one of his Majesty's Principal Secre- cheqncr, i-irst Lord of [^y\^^ of State, or Chancellor of the Exchequer, or First Lord of the Admiralty, or President the -Vdmiralty, Presi- . . , . . . . dent of the India of the Board of Connnissioners for the Affairs of India, or President of the Committee of the^Board or'xrade "^ Council appointed for tlie consideration of matters relating to Trade and Foreign I'lanta- tions, shall exceed the sum of two tliousand pounds per annum : nor shall any such pension be granted to any person unless he shall have held one or more of the said offices for a jieriod of not less than two years in the whole, either uninterruptedly or at different times; nor shall any more or greater number than four such pensions hereafter to be granted bejexisting or in force at the same time. Under Secretaries of ^^ " -^"'^' '^'^ ^^ fi"''her fiiacted, that from and after the passing of this Act the pension, not State, Clerk of the exceeding one tliousand pounds, authorized by the said recited Act to be granted to any cretary of .\dmiralty^ person in respect of his having served in any one or more of the offices of one of the Under Secretaries of India Secretaries of State, or Clerk of the Ordnance, or Second Secretary of the Admiralty, or one of the Secretaries of the Board of Commissioners for the Affairs of India, shall not be granted to any such person unless he shall have held one or more of the said offices for a period of not 4&5 Wm.IV. Cap.24.] 445 less than ten years in tlie whole, either uninterruptedly or at different times ; nor shall any more or greater number than six such last-mentioned pensions be existing or in force at the same time. V. Provided always, and be it enacted, that in case it shall happen that any person shall Itegulation as topo- have served his Majesty, his heirs or successors, in more than one class of offices herein-before "^'"^ °' **'""''^' specified, in respect whereof any ])ension less than two tho\isand pounds may be granted, it shall be lawful to grant, under the regulations aforesaid, to such j)erson any pension annexed to the highest class of office in which such person may have been employed, whenever the whole period of the service of such person in tlie several offices in wjiich lie shall have been employed shall amount to ten years, although the period of tlie service of such person in such highest class shall not have extended to the period of five years ; provided always, that such person shall have served in such highest class for the period of not less than three years; and in cases in which the service of any such person in any class of those offices shall not be suffi- cient to entitle him to the pension of that class, it shall be lawful to grant him a pension not exceeding one thousand pounds, provided the period of his aggregate services in that and any inferior class or classes or department of the public service shall amount to ten years; pro- vided also, that there shall not be more than the aforesaid number of pensions to that amount existing at the same time. VI. And whereas the principle of the regulations for granting allowances of this nature is Declaration to be and ought to be founded on a consideration, not onlv of tlie services performed by the iiuli- made by persons claim- •111 r-i-i f 1 ■ •"^. •■!• ■ ■ i-f ing pensions, vidual to tlic state, but oi tlie inadequacy of his private fortune to maintain his station m life ; be it therefore enacted, that from and after tiie passing of this Act, whenever any person .shall seek to obtain any one of the pensions before-mentioned, his application for that jiurpose sliall be made in writing to tlie Commissioners of his Majesty's Treasury, to wliicli he sliall subscribe his name, and which shall contain, not only a statement of the services performed by him, and the grounds on wliieli sucli pension is claimwl, but a specific declaration tliat tlie amount of his income from otlier sources is so limited as to brine: him witliin tlie intent and meaning of this Act and the principle herein-above declared ; and witiiout sueli declaration no pension as herein-before provided or authorized shall be granted. The seventh section provides that pensions granted under this Act shall be subject to the regulations of 57 Geo. 3, cap. 65, and (i Geo. 4, cap. 90, except so far as they may be altered or repealed. The princi- pal of those regulations are the following : — no pension is to take effect till the surrender of office; no grant is to be valid unless it contain a provision for the suspension of the })ension during the possession of any office producing not less than double the anioinit, and for reducing the pension by one half if the office be of equal value or more ; upon the acceptance of the pension any pension ])reviously enjoyed is to cease, except such as may be charged by Act of Parliament upon the Consolidated Fund ; payment is to be iriade (juartcrly, exempt iVom fees and deductions, and the warrants, if" signed, are not to be deter- minable by the demise of the Crown, or any change in the treasury. 446 [4 & 5 Wm. IV. Cap. 79. 4 & 5 GULIELMI IV. Cap. LXXIX. An Act to amend the Law relating to Insolvent Debtors in India. l]4th August, 1834.] (Continued by 6 & 7 Wm. 4, cap. 47, until the 1st iSIarch, 1839, and from thence till the end of the then next session of Parliament ; fur- ther continued by 3 & 4 Vic. cap. 80, till the 1st March, 1845, and from thence to the end of the then next session of Parliament. See also Act of Government of India, No. 4 of 1836, in Appendix.) 9 G. 4, c. 73. Whereas an Act was passed in tlie ninth year of the reign of his late Majesty King George the Fourth, intituled, " An Act to provide for the llelief of Insolvent Debtors in the East- Indies until the first day of March, one thousand eight hundred and thirty-three;" and by 2 W. 4, c. 43, another Act passed in the second year of the reign of his present Majesty King William the Fourth, the said Act was continued in force until the first day of IMarch, one thousand eight hundred and tliirty-six : and wliereas, in and by tiie said Act to provide for the Relief of Insolvent Debtors in the East-Indies, certain provisions were enacted as to a connnission of bankruptcy issuing against any such insolvent debtor as therein mentioned, and as to the pro- ceedings consequent thereon ; and amongst other things it was enacted, that a certificate obtained under such commission as tlierein provided should have tlie same force and eifect in all places situate without the limits of the East-India Company's Charter, as if the same had been duly signed in the usual way after such liankrupt had duly surrendered and passed his last examination ; and it was also by the said Act amongst other things provided and enacted, that whenever it shall be made to appear to the satisfaction of any Court for Relief of Insolvent Debtors, upon the application of any insolvent, his assignee or assignees, or any of his or her creditors, that the estate of such insolvent debtor which shall have come to the hands of the assignee or assignees shall have produced sufficient to pay and discharge three- fourths of tlie amoLuit of the debts which shall have been established in such Court, or that creditors to the amount of more than one-half in number and value of the debts which shall have been so established shall signify their consent in writing thereto, it shall be lawful for such Court to inquire into the conduct of the said insolvent, and if it shall appear to such Court that the said insolvent has acted fairly and honestly towards his or her creditors, such Court shall be fully authorized and empowei-ed thereupon to order that the said insolvent shall be for ever discharged from all liability whatsoever for or in respect of such debts so established as aforesaid, and such Court shall, in the order to be drawn up, specify and set fortli the names of such creditors, and after any such order shall have been so made no further pro- ceedings shall be had in the matter of the petition before the Court, unless upon appeal made to tiie Supreme Court of J udicatui'e of the presidency where such Court for the Relief of In- solvent Debtors shall be holdcn as thereby authcrized ; and it was by the said recited Act also provided, that no sucli order as last aforesaid shall prevent any creditor who shall not have been resident within the limits of the Charter of the said United Company at any time be- tween the filing of such petition and the making of such order as last-me;itioned, and who shall not have taken part in any of the proceedings under the said petition, from bringing any suit or action in the East-Indies for the purpose of obtaining execution against the goods, estate, or effects of such insolvent for any unsatisfied claim of such creditor, nor from bringing any 4 & 5 \Vm. IV. Cap. 79.] 447 suit or action for such claim in any Court of the United Kino;doni of Great Britain and Ire- land, or elsewhere, without the limits of the said United Coiiipany's Charter, ai^ainst such insolvent, in the same manner and with the like consequences and effects as if such order as last-mentioned had not been made ; and whereas it is expedient to extend and add to tlie pro- visions of tile said A'.-ts, so as to give insolvent debtors, being traders, who sliall liave actetl fairlv and honestly towards their creditors, an additional and more complete discharge, and also to render more effectual tlie means of obtaining such discharge, and at the same time to preserve to such insolvent debtors such relief as is already afforded by the said recited Acts : and whereas under the pi-ovisions of the Act passed in the first and second years of his present 1 & 2 W. 4, c. 56. Majesty King "William the Fourth, intituled, "An Act to establish a Court in Bankruptcy," a fiat is issued in bankruptcy in lieu of a commission of bankrupt in every case where tlie Lord Chancellor, by virtue of any former Act, had heretofore power to issue a commission of bank- rupt : be it therefore enacted by the King's most excellent Majesty, by and with the advice Any insolvent within and consent of the Lords spiritual and temporal, and Commons, in this present Parlia- thenieamngof the Act 111 iiii- ^1 1 1 . 1 of i) G. 4s may petition raent assembled, and by the authority or the same, that any person who now is or who the Court for tiis dis- shall hereafter become an insolvent debtor within the intent and meaning of the said '^'""'K'' after three . months. Act of the nintii year of the reign of his Majesty King George the Fourth, either upon petition filed, or by adjudication on an act of insolvency as therein provided, and who, at the time of such petition being filed or adjudication made as aforesaid, shall have been or sliall be a person who, by an .Act passed in the sixth year of the reign of his late Majesty, inti. 6 G. 4, c. 16. tuled, " An .Act to amend the Laws relating to Bankrupts," or by any Act hereafter to be passed, would be deemed a trader liable to become bankrupt, shall be at liberty, at any time not earlier than three months from the making of such assignment as in the said Act, intituled," An Act for the Relief of Insolvent Debtors in the East-Inilies,'" directed, or from 9 G.4-, c. 73. any such adjudication of insolvency as therein mentioned (as the case may be), to apply by petition for Iiis discharge to any one of the said Courts in the East-Indies for tht> Belief of Insolvent Debtors, in the said last- mentioned Act mentioned, as shall have already jurisdiction over the matter of his insolvency ; and the principal officer of such Court shall cause a notice Notice of such pcti- of such petition to be forthwith inserted in the Gazette of the iiresidency within wliicli sueli '""' '° '"^ msertetl in ' . . , . • . till f.a: , I <. I ,. ,, . . , . 1 discharge nil delll^ll(lth operate ( save as lierein-atter jirovided) as a release and discliarge from all dei)ls claims, .iiid in indiaund eUcwhtn. 448 [4&5WM.IV. Cap. 79. demands for which such insolvent was liable at the time of ids petition for relief being filed, or of any such act of insolvency committed as aforesaid (as the case may be), and whether, within tlie limits of the Charter of the said United Company, or elsewhere, and whether such debts, claims, and demands shall or shall not have been established in such Court But not to discharge as aforesaid; provided nevertheless, tliat such order shall not operate as a release or discharge of any person who was partner with such insolvent, or jointly bound or liable with him. partners. If any fiat of bank- II. Provided always, and be it further enacted, that in case any fiat in bankruptcy shall be iinde'r'the\cts^forRe- i^^*^^'' •" England against any such insolvent trader as aforesaid, under the provisions of liefof Insolvent Debt- the said Act, intituled, "An Act to provide for the Relief of Insolvent Debtors in the discliargetobeconfined East-Indies," or under the provisions of any other Act passed or to be hereafter passed re- *° I'ldia; specting insolvent debtors in the East-Indies, tlien and in such case such order for discharge as aforesaid shall not operate as a discharge of tlie debt, claim, and demand of any creditor who shall not have been resident within the limits of the Charter of tlie said United Company at any time between the filing of sucli petition and the making of such order as last-men- tioned, nor shall any such creditor be debarred from bringing any suit or action for such debt, claim, or demand in any Court of the United Kingdom of Great Britain and Ireland, or else- where without tlie limits of tlie said United Company's Charter, against such insolvent, in the same manner and with the like consequences and effects as if such order as last-mentioned iiad not been made. but on the order for III. Provided nevertheless, and be it further enacted, that in sucli last-mentioned case, to tbe Comnnssioner, "P°" '"'"J application made to the Commissioner acting in sucli fiat as aforesaid, to sign the and on bis signing tbe certificate of such insolvent, and after the same shall have been signed by the requisite number bankrupt's certificate, „ ,. , , . . _ , • ■ , • ■ i i ,, i * • i /■ i ,i such certificate is to oi creditors under the provisions or the said Act, intituled, " An Act to provide tor the lie- be a general discharge jj^f gf Insolvent Debtors in the East-Indies,'" or any other Act passed or hereafter to be passed respecting insolvent debtors in the East-Indies, then if it shall be made to appear to such Commissioner that such order for a discharge has been made by the Court in the East-Indies as aforesaid, and if such Commissioner shall sign such certificate, he shall also certify in writing upon such certificate that such insolvent has obtained such order for discharge in the East-Indies as aforesaid, and thereupon such certificate shall have the same force and effect, as well within as without the limits aforesaid, as a certificate duly obtained under the said Act 6 G. i, c. 16. of the sixth year of the reign of his Majesty King George the Fourth, intituled, " Act to amend the Laws relating to Bankrupts,"' or in any other Act passed or to be hereafter passed respecting bankrupts. In ease tliere is no IV. And be it enacted, that any such insolvent trader who sliall not be made a bankrupt bankruptcy, the order u„j|e,. ^1,^ provisions of the said Act for the Relief of Insolvent Debtors in the East-Indies, 61 discharge to have ' ... eflFc-t everywhere. or of any otlicr Act passed or hereafter to be passed respecting insolvent debtors in the East-Indies, if lie shall, after such order for his discharge shall have been made as aforesaid, be arrested, or have any action brought against him for any debt, claim, or demand for which he was so liable as aforesaid, either within the limits of the Charter of the said United Company or elsewhere, shall be discharged upon common bail, and may j)lead in general that the cause of action accrued b core he ecame insolvent, and may give this Act and the sjiecial matter in evidence ; and such order as aforesaid, duly sealed with the seal of the said Court, shall be sufficient evidence in all Courts and places whatsoever of all tlie proceedings precedent to such order being made, and of tlie same being duly obtained ; and if any such insolvent trader shall be taken in execution or detained in prison for such debt, claim, or demand, where judgment has been obtained. befoi-e such order of tlie Court for his discharge 4 8c 5 Wm. IV. Cap. 79.] 449 as aforesaid, it shall be lawful for any 'Tiulire of the Court wherein such judgment has been obtained, on such insolvent producing such order as aforesaid, to order any officer who shall have such insolvent in custody by virtue of such execution to discharge such insolvent with- out exacting anv fee, and such officer shall be hereby indenniified for so doing; and any such If tliere be a bank- insolvent trader who shall be a bankrupt under the provisions of tlie said last-mentioned Act, cXfinccf'tu India '** ^^ and who shall be arrested witliin the limits of tlie Charter of the said Company, sliall be so discharged, and may so plead, and shall have otherwise such relief, within the said limits, as herein-before mentioned ; and if he siiall also obtain such certificate as herein-before provided. If curtificate be ob- he may be at lilx-rty to avail himself either of such certificate, or of such order of disciiargc ed'in'lnto!!'' '''" '''''"'" as aforesaid, for tlie jiurposes of his discharge within the limits aforesaid. V. And be it furtlier enacted, that in case any iiat in bankruptcy (other than a fiat under if a fiat under tlie the provisions of the said Act, intituled, "An Act to provide for the Relief of Insolvent bankrupt Art within T-vi'i-nTi- 1 « !• iTi eight muntlis after pe- Debtors ni tlie Jb,ast-lnriics, or any otiier Act relating to tlie Insolvent Debtors m the tition for discharge, the East-Indies,") be issued against any such insolvent trader within the period of eight calendar 9°""^' '" "'•''<•■"<'"'"- months from the time of such petition for relief being filed, or of such adjudication of insolvency being made, as the case may be, and such insolvent trader shall be didy adjudged a bankrupt under such fiat, then and in such case such Court as aforesaid shall not be autho- rized and empowered to make any such order for discharge as aforesaid. VI. And be it further enacted, that after the expiration of such eight calendar montlis as But no fiat to issue aforesaid, no fiat shall issue against any such insolvent, upon any petitioning creditor's debt 'f ."'jVi' 'ffji , ' j '* due before the filing of such petition for relief, or such adjudication of insolvency (as the solvent Court, after the case may be); and in case any fiat shall issue against such insolvent trader as aforesjiid, upon n'e^ti'tioTiXr disdmrRV.'^ a petitioning creditor's debt incurred sidisetiuently to such filing of the petition for relief, or to such adjudication of insolvency as aforesaid, such fiat sliall not in any manner afiect, invalidate, or interfere with the proceedings under the insolvency previously existing in the Kast-Indies, nor shall the assignees under such fiat actjiiire any right or title to take pos- session of, demand, sue for, or recover any property or interest, real or personal wheresoever situated, which belonged to such insolvent at the time of such petition for relief being filed, or of such adjudication of insolvency as aforesaid, but the assignee or as.signees aj)pointed by such Court for the Relief of Insolvent Debtors, shall have the sole and exclusive right and title thereto; and all debts, claims, and demands, due and jiayable to sudi insolvent at the time of such petition for relief being filed, or of such adjudication of insolvency as afores;iid, shall be established luuler such insolvency, and shall not be provable under such last- mentioned fiat. VII. And whereas by the said recited Act of the ninth year of the reign of his late .Schedules of debtors Majesty King (ieorge the Fourth, it is en.acted, that all such insolvent debtors as fiierein !"i(l",ito rourinfTi- mentioncd shall, within the time also therein mentioned, deliver into the Court a scliethde rerior> in KuKhmd, and ... 1. 1, 1 . 1 r ii • 1 1 , . 1 (I. 1 • ■ , to be open to inspec- contaiiiing a lull and true account or then- debts, estates, and eflects, as therein mentioned, tion of creditors. and which schedule is thereby directed to be fortiiwith filed in the said Court ; and whereas it is expedient that tiie creditors of such insolvent debtors residing out of the limits of the said Company's Charter, shoidd have the means of inspecting such schetlule wilh ctjual facility with creditors of such insolvent debtors residing within tiie limits of tlie sjiid Charter; be it therefore furtlier enacted, that tiie jirincipal oilier of the said res])ective Courts for the Relief of Insolvent Debtors shall, wiliiout delay, transmit to the Court of Directors of the said Couipany, by different ships, two or more copies of each such schedule, and the said Court 450 [5&GW.M.IV. Cap. G. shall retain the same, and permit any person or persons being a creditor or creditors of any such insolvent debtor, to inspect and examine at all seasonable times such sciiedule, and shall, upon the request and at the reasonable costs and charges of any such creditor or creditors (such costs and charges to be regulated by the said Court), provide for him or them a copy or copies of anv such schedule. 5 & 6 GULIELMI IV. Cap. VI. An Act to iiidemniftj the Govcruor-geiieral and other Pcrsom hi respect of certain Acts done in the Administration of the Government of the British Territories in the East- Indies subsequent to the Twenty -second Day of April, one thousand eight hundred and thirty-four, and to make those Acts valid. [13;// April, 1835.] 3 & 4. W.4, c. 85. Whereas under and by virtue of an Act of Parliament made and passed in the fourth year of the reign of his present iVIajesty, intituled, '• An Act for effecting an Arrangement with the East-India Company, and for the better Government of his Majesty's Indian Territories, till the thirtieth day of .April, one thousand eiglit hundred and fifty-four," the super- intendence, direction, and control of the whole civil and military government of all the British territories and revenues in India is vested in a Governor-general and Councillors, styled " The Governor-general of India in Council ;" and it is thereby enacted, that there shall be four ordinary members of the said Council, to be appointed by the Court of Directors of the said Company, as therein mentioned ; and it is thereby enacted, that the person wlio should be Governor-general of the Presidency of Fort William in Bengal on the twenty-second day of April, one thousand eight hundred and thirty-four should be the first Governor-general of India under that Act, and that such persons who should be Members of Council of the same Presidency on that day sliould be respectively Members of the Council constituted by that Act ; and it is also enacted, that the said Council shall from time to time assemble at such place or places as shall be appointed by the said Governor-general in Council within the said territories; and various provisions are made for the administration of the government of the said territories, all of which it is thereby enacted shall commence and take effect from and after the twenty-second day of April then next, (that is to say), from and after the twenty-second day of April, one thousand eigiit hundred and thirty-four ; and Avhereas by a commission under the seal of the Honourable the East-India Company, bearing date the twenty-.seventh day of December, one thousand eight hundred and thirty-three, duly issued by order of the Court of Directors of the said Company in that behalf, the said Court did appoint Lord William Cavendish Bentinck to be Governor-general of India, to take upon himself the said office upon and from the twenty-second day of April, one thousand eight hundred and thirty-four, and did further appoint William Blunt, esquire, Alexander Ross, esquire, William Byani Martin, esquire, and Thomas Babington jMacauley, esquire, to be respectively the first, second, thini, and fourtli ordinary ^Members of the said Council ; and by another commission bearing the same date the said Court did appoint Sir Charles Theophihis Metcalfe, baronet, to be Governor of the Presidency of Agra, which Presidency is by the said recited Act directed to be constituted, to take upon himself the said olHce upon S&GWm.IV. Cap. 6.] 451 and from the said twenty-second day of April, one thousand eight lumch-eil and tliirty-four : and whereas under and by virtue of the former aj)pointments of the Court of Directors of the said Company at the time of issuinrr the said commissions, and from tlience until the twenty- second of April, one thousand eight hundred and thirty-four, the said Lord ^Viiliam Cavendish Bentimk was Governor of the Presidency of Fort William in Bengal, and the said Sir Charles Theophiliis Metcalfe, and the said William Blunt and Alexander Ross were respectively Members of the Council of the said Presidency, and in virtue of the provisions of former Acts the said Sir Charles Theophilus Metcalfe was also Vice-President of the said Council : and whereas on the said twenty-second day of April, one thousand eight hundred and thirty-four the said Lord William Cavendish Bentinck was, in consequence of ill-health, at Ootacamund in the Presidency of Madras, and the said Sir Charles Theophilus Metcalfe and the aforesaid AVilliam Blunt were at Calcutta, and the said Alexander Boss, William Byan; Martin, and Thomas Babington Macauley were not in the East-Indies, and Lieutenant- colonel William Morrison, who had been appointed by the said Court a Pi-ovisional Councillor of India, was in Mysore ; and for these and other reasons the Government of the said Presidency, and other the territories belonging to the East-India Company in India was administered for a time otherwise than in accordance with the said i-ecited Act ; and it is expedient that the said Lord William Cavendish Bentinck, and Sir Charles Theophilus Metcalfe, and William Blunt, and all other persons by whom the said government was so administered, and all persons acting under the order of them or of any or either of them, should be indemnified in manner herein-after mentioned, and their acts rendered valid : be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Conmions, in this present Parliament assembled, and by the authority of the same, that the said Lord William Cavendish Bentinck, Sir _ Govemor-Reneral, ViCG" Prcfiiilcnt sncl. Charles Theophilus Metcalfe, and William Blunt, and also the several persons who at any members of Council iu ■ time after the said twenty-second day of April, one thousanil eight luindred and tliirly-four India, &c. indemnified . . for all acts done by were or acted as Members of the Council of India, and also all persons acting under the tlK^m between 22d authority of them or any or either of them, shall be and they are jointly and severally hereby j^''")' ^lob.'""* '*' indenmified, freed, and discharged from and against all actions, suits, prosecutions, and penalties whatsoever, for or on accoimt or in respect of all or any acts, matters, and things whatsoever done, ordered, directed, or authorized by the said Governor-general and Vice- President and I\[embers of Council, or any or either of them, or by any person or persons acting under the authority of them or of any or either of them ; so only and provided that such acts, matters, and things shall have been done, ordered, directed, or autliori/ed l/oiiii fide in the exercise of the administration of the govei-nment of the British territories in tlie East- Indies, between the said twenty-second day of April, one thousand eight hundred and thirty- four and the first day of January, one thousand eight hundred and thirty-five. II. .Vnd be it further enacted and declared, that all such acts, matters, and things shall be and such Acts to be as valid and cflectual, and shall be and be deemed to be of as much force, validity, and effect ^'' • as if the same had been expressly authorized by the said recited Act. (1) (1) [See Act of Government of India, No. 1 of 1834, in iVppentlix.] 3 .M '2 452 [5&6 Wm.IV. Cap. 32. 5 & 6 GULIELMI IV. Cap. XIX. An Act to amend and consolidate the Laws relating to the Jlerchant Seame/i of the United Kingdom, and for forming and maintaining a Register of all the Jllen engaged in that Service. [30th Jalj/, 18ci5.] Seamen not to be XLI. And be it fiirtlier enacted, that no such master sliall discliarge any individual person witiiout sanction of °^ '^'^ crew, whether British subject or foreigner, at any of his ISIajesty's colonies or plan- one of certaui func- tations, without the previous sanction in writing of the Governor, Lieutenant-crovernor, tionarie*! ^ o ^ Secretary, or otlier officer appointed in that behalf by the Govei'nment there, or in the absence of all such authorities at or near to the port or place at wliich the sliip shall be then lying, then of the chief officer of Customs of such colony or plantation resident at or near to such port or place ; nor shall he cHscharge any sucli person at any other place abroad without the like previous sanction in writing of his ]\Iajesty's minister, consul, or vice-consul tliere, or in the absence of any such functionary, then of two respectable niercliants resident there ; all whicli said functionaries respectively are hereby authorized and required, and all which said merchants are hereby autliorized, in a summary way to inquire into the grounds of any sucii proposed discharge by examination on oath, and thereupon to grant or refuse such sanction according to their discretion, having regard to the objects of this Act. Nor to be left abroad XLII. And be it further enacted, tliat no such master shall be at liberty to leave behind on the plea of ineapa- jj{ g,^y y,\^cQ abroad, either on shore or at sea, anv person of his crew as aforesaid, on the plea tity to proceed, deser- „ • / ... ... ' , i , • i i c tion, or disappearance, oi sucli person not bemg ma condition to proceed on the voyage, or having deserted irom th'r'it"' " *'""''"■ """ the ship, or otherwise disappeared, unless upon a previous certificate in writing of one of sucii functionaries or mercliants as aforesaid, if there lie any such at or within a reasonable distance from tile place where the sliip shall then be, if there be time to procure the same, certifying that such person is not in such condition, or has deserted or disappeared, and cannot be brought back ; and all such functionaries as aforesaid are hereby autliorized and required, on tlie application of any such master, to inquire by examination on oath into the circumstances, and to give or refuse such certificate according to the result of such examination. SSzG GULIELMI IV. Cap. XXXII. Ax Act to impose certain Duties on Tea. [2\st Angust, 183.5.] 3&4 W. 4., c. 101. Whereas an Act was passed in the third and fourth year of the reign of his present Majesty, intituled, " An Act to provide for the Collection and Management of tiie Duties on Tea :" and whereas it is found expedient to alter the rates of duty thereby imposed ; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled. 5 & 6 Wm. IV. Cap. o2.1 453 and I)V tlio authority of the same, that from and after the first clay of July one thousand After 1st July, 1836, eiglit hundred and thirty-six, the several duties on tea imposed by the said recited Act shall ',e\^ to'^ease, an"d aflm" cease and determine, save and except as to any arrears of such duties wiiich may then be due of •2<. li'. per pound to and payable and unpaid ; and in lieu and instead thereof there shall be charged a duty of two ti^orJof!"^^'^ shillings and one penny on every pound weight of tea which after the said day shall be im- ported, or which, having been previously imported, shall after that day be entered for home consumption in the United Kingdom ; which said duty shall be raised, levied, collected, and paid imder tiie like rules and rcgidations, so far as the same may be applicable, and siiall be appropriated and applied in such and the like manner, as the duties on tea imposed by the said recited Act. Under 3 & 4 Vic. cap. 17, tea is subject to an additional duty of 5 per cent, on the amount of" the former duty. 5 & 6 GULIELMI IV. Cap. LII. Ax Act to authorize the Court of Directors of the East-Indiu Compain/ to suspend the Execution of the Provisions of the Act of the Third and Fourth William the Fourth, Chapter eighty-five., so far as the;/ relate to the Creation of the Government of Agra. \li\st August, li^'io.'] Whereas by an Act of Parliament made and passed in the fourth year of the reign of his 3 S; I- v. 4., e. $5. present Majesty, intituled, " An Act for effecting an Arrangement witli the East-India Company, and for the better Government of his Majesty's Indian Territories, till the Thir- tieth Day of April one thousand eight hundred and fifty-four," it is among other things enacted, that the territories then subject to the Government of the presidency of Fort Wil- liam in Bengal .shall be divided into two distinct presidencies, one of such presidencies, in which shall be included Fort AVilliani aforesaid, to be styled the jjresidency of Fo;t AViiliani in Bengal, and the other of such presidencies to be styled the presidency of Agra ; antl wiiereas much difficulty has arisen in carrying such enactment into effect, and the same would be attended with a larijc increase of charge: be it therefore enacted by the King''s most excel- lent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and C'onnnons, in this jircscnt Failianient assembled, and by the authority of the same, that it shall and may be lawful for the ('ourt of Directors of the I'".ast-India ('<)m])any, inider the Kast-Indiu ConipmiT direction and control of the Board of Commissioners for the affairs of India, to suspend the "^''^ siis|)iiiii prmi- ' ' sion-iot ri'citi'd .Actus execution f>f the provisions of the said in part recited Act so far as the same relate to the to tlio division of the r • * r .1 * 1 *•**•» . 1' *• . * 1 1 . .1 . tfrritt>ri<'s into two division ot the said territories into two ilistinct jiicsulciicies, and to the measuns consecpient ,,rcsidoncios thereupon, for siiiii time and from time to tiini' as tlu- said Court of Directors, uiuKr tiie direction and control of the said Board of Coinmissioiurs, shall think fit. II. Ami be it further enacted, that for and duiiiig suili time as the I'xeeutioii of ^u^■h jiro- Oovcrnor-grncral, visions aforesaid shall be suspended by the authoritv aforesaid, it shall anil may be lawful for ''."'''"^' *'"''' ^"'P''"- ... • Shin, ni.iy iippoint ii the Governor-general of India in Council to a})i)oint from time to time any .servant of the lioutonnnt governor of 454 [5 & 6 AVm. IV. Cap. 62. the north-western pro- East-India Company, who shall have been ten years in their service in India, to the office of v'"<^'=S' lieutenant-iTovernor of the north-western provinces now under the presidency of Fort William in Benn-al, and from time to time to declare and limit the extent of the territories so placed under such lieutenant-governor, and the extent of the authority to be exercised by such licu- tenant-o'overnor, as to the said Governor-general in Council may seem fit. The operation of the provisions of 3 & 4 Wm. 4, cap. 85, respecting the estabhshment of a fourth Presidency has been suspended, and a Lieutenant-governor of Agra appointed under this Act. 5 & 6 GULIELMI IV. Cap. LXII. An Act lo repeal an Act of the present Session of Parliament, inlituled, " A)i Act for the more effectual Abolition of Oat lis and Affirmations taken and made in various Departments of the State, and to substitute Declarations i/i lieu thereof ; and for the more entire Suppression of voluntary and extra-judicial Oaths and Affidavits ; " and to make other Provisions for the Abolition of unnecessarjj Oaths. ['Jth September, 1835.] - ™. , g Whereas an Act was passed in the present session of Parliament, intituled, " An Act for the more effectual Abolition of Oaths and Affirmations ta1assing of this Act it shall be lawful for tlie Conunis- .sioncrs of his ^lajesty's Treasury for the time being, or any three or more of them, from time to time, to compound and agree with the East-India Company for the payment by the said Company of such an annual sum of money as the said Commissioners shall deem to be a reasonable composition for and in lieu of the Stamp duties which would otherwise be payable on such bonds as aforesaid, to be made and issued by the said Company at any time during the term for which such composition shall be made ; which said sum of money so agreed upon shall be j)aid to the lleceiver-general of Stamps and Taxes by two etjual half- yearly payments on sucli days in every year during the said term as the said Connnissioners shall ajipoint for that purj)ose, and tiic {)ayment thereof accordingly shall be .secured by the bond of the .said Company, which is hereby exempted from Stamp duty ; and every such composition shall be made either for one year or for any term not exceeding five years, at the discixtion of the said Commissioners, and may be renewed and continued from time to time for any furtlicr term not exceeding as aforesaid, and for the payment of the .same or any greater or less annual sum as the said (.'ommissioners shall deem to be reasonable; and upon such composition being agreed upon and secured in manner aforesaid, all the bonds for the j)ay- ment of any definite and certain sura or sums of money which shall be made and issued i)y the said Company during the term for which such composition siiall be made, renewed, or continueil shall be and ihe same aw luTchy freed and I'Xtinpted IVdiii .ill St.inip duties. V. And whereas under and by virtue of the laws in forci' in (Jreat Uritain the transfer of Tmnsfor^ in rnc- , ,.l.„.. ; . *i . I t !• 1 I* .\ i-> . 1 !• ^^ It » » lnn*i of tlic tt'rntotinl any snaie m tlie stock and funds of the East-India Company, whether uikjii a sal<' or otlier- ,|pi,tof the lia^it-India !3 N 458 [5 & G Wm. IV. Cap. 66. Company to be cliarge- wise is subject to a Stamp duty of one pound ten shillings : and whereas a portion of the able with a stamp duty (-ei-ritovial debt of the said Company in India may be transferred from the books of the Com- pany in India to their books in England, and may be transferable in such last-mentioned books in the same manner as the stock and funds of the said Company commonly called East-India stock are now transferable ; and it is expedient that all transfers of the said terri- torial debt which may be made in England should be subject only to the same amount of stamp duty as transfers of shares in the stock and funds of the said Company called East- India stock are now subject to as aforesaid ; be it therefore enacted, that from and after the passino- of this Act every transfer of any part of the said territorial debt in the books of the said Company in England, whether upon a sale thereof or otherwise, shall be chargeable with a stamp duty of one pound ten shillings and no more. Letters of attorney VI. And whereas under and by virtue of the laws in force in Great Britain and Ireland t^on of "East- India'' DU respectively letters or powers of attorney are chargeable with certain stamp duties, and it rectors exempted from jg expedient to exempt from such duties the letters or powers of attorney herein-after men- tioned ; be it therefore enacted, that from and after the passing of this Act all letters or powers of attorney for voting on any election of a Director or Directors of the East-India Company shall be and the same are hereby exempted from all stamp duties whatsoever. 5 & 6 GULIELMI IV. Cap. LXVI. Ax Act to amend the Law relating to the Customs. \^th September, 1835.] 3&4W. 4, c. 36. Whereas an Act was passed in the third and fourth years of his present Majesty, intituled, " An Act for granting Duties of Customs;'" and it is expedient to alter and amend the same in manner herein-after provided : be it therefore enacted by tlie King''s most excellent ]\Iajesty, by and with the advice and consent of the Lords spiritual and temporal, and Com- Regulating the duty mons, in this present Parliament assembled, and by the authority of the same, that from artidfr herein^ men- ^"'' ''*"f^'' ^^^ passing of this Act, instead of the duties now payable under the said Act upon tioned. coffee the produce of the British possessions, within the limits of the East-India Company's Charter, and imported from such possessions, and upon coffee the produce of Sierra Leone, and imported from thence, there shall be paid for every pound of such coffee a duty of six- pence. (1) * * * * (1) [The duty on coiFee imported from any place within the limits of the Charter, not being a British possession, is Is. See table ap- pended to 3 & 4 Wm. 4, cap. 56.] The remainder of section 1 relates to articles the produce of Africa and of British possessions in Europe. Regulating tlie entry II. And be it further enacted, that no coffee shall be entered as being the produce of any f coffee ti.c produce i^^jti^jj possession witliin the limits of the East-India Company's Charter, unless the master f British possessions ... r J ' I the East-Indies. of tile ship importing the same shall have delivered to the collector or controller a certificate iinskn- the Jiand and seal of the proper officer at the place where such coffee was taken G & 7 Wm. IV. Cap. 26.] 459 on board, testifying that a declaration in writing had been made and signed before him (the contents of which he had examined and believed to be truej by the shipper of such coflee, tliat the same was really and hondjide the produce of some such British possession, nor unless such master shall also make and subscribe a declaration before the collector or controller that such certificate was received by him at the place where such coffee was taken on board, and that the coflee so imported is the same as is mentioned therein. 6 & 7 GULIELMI IV. Cap. XXVI. An Act for granting to his Mqjcsti/, itntil the Fifth Day of July one thoitsaml eight hundred and thirty-seven, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year one thousand eight hundred and thirti/-sir. I'ith Ju/y,\^2G.] Most Gracious Sovereign, We, your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom of Great Britain and Ireland in Parliament assembled, towards raising the necessary supplies to defray your Majesty's public expenses, have freely and voluntarily resolved to give and grant unto your Majesty the duties herein-after mentioned ; and therefore do most humbly beseech your Majesty that it may be enacted ; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that on and from and after the fifth day of July one thousand eight hundred and thirty-six, and until the fifth day of July one thousand eight hundred and thirty-seven, (1) tliere shall be raised, levied, collected, and paid unto his Majesty, his heirs and successors, the duties of Customs liaues. following ; (that is to say,) Sugar, videlicet, £■ ■'•'• d. Brown or Muscovado or clayed sugar, not being refined, the hundred weight - - - - . 3 !3 - - . the growth of any British possession in America, and imported from thence, the luuKhrd weii>ht - - - 1 1 ■ - - - the growth of any Britisli possession within the limits of the East-India Company's Charter, into which the importa- tion of foreign sugar may be by this Act (2) ])r()hil)ited, and iniporled from tlience, the hundred weigiit - 11-0 - . - the growth of any other British possession within those limits, and imported from thence, (he hundred weight - 119 Molasses, the hundreil weight - - - -13 9 ... the produce of and imported from any British possession, the hundred weight - - - . () {) refined, the hundred weight - - - - - 8 S Candy, brown, the hundred weight - - - - 5 1S2 - - . white, the hundred weight - - - -8^1) 3x2 460 [6&7WM.IV. Cap.2G. Which several duties shall be raised, levied, collected, and paid in like manner as if such 3 & i W. 4, c. 56. duties had been imposed by an Act passed in the third and fourth years of the reign of iiis present Majesty, intituled, " An Act for granting Duties of Customs." (1) [Continued by 7 Wm. 4 & 1 Vic. cap. 27, 1 & 2 Vic. cap. 33, 2 & 3 Vic. cap. 21, and 3 & 4 Vic. cap. 23, — by the last Act to 5th July, 1841.] (2) [The prohibitions and exceptions will be found in sections 3 and 4 of this Act. By 7 Wm.4& 1 Vic. cap. 27, sec. 3, 1 &2 Vic. cap. 33, sec. 4, 2 & 3 Vic. cap. 2 1 , sec. 4, and 3 & 4 Vic. cap. 23, sec. 4, it was de_ clared lawful for her Majesty to extend the privileges of importation at the lower rate of duty, subject to the restrictions and conditions of this Act, to any British possession within the limits of the Charter, on satisfactory proof being laid before her Majesty in Council that the importation of foreign sugar into such possession is prohibited. By Act of Government of India, No. 15 of 1839, (see Act in Appendix,) the importation of foreign sugar into any of the territories subject to the presidency of Fort Saint George is from 10th June, 1840, prohibited ; and under an Order in Council dated 22d May, 1840, sugar the pro- duce of those territories is admissible at the lower rate of duty.] The second section relates to bounties on sugars exported from the United Kingdom. &" Foreign sugar not to HI. And be it further enacted, that from and after the first day of December one thousand be imported into cer- gjojit hundred and thirty-six, it shall not be lawful to import into any part of the in'csidcncv tain British posses- '^ .... ... . sions. of Fort William in Bengal, or of any dependency thereof, being a British possession, any foreign sugar, nor any sugar the growth of any British possession into which foreign sugar can be legally imported, save and except into such districts or provinces of the said presidency or of the dejiendencies thereof, as shall be appointed by the Governor-general of India in Council. Sugar not to be ira- IV. Provided always, and be it further enacted, that no sugar the produce of any district ported at a lower rate ^^, province in respect of which any such order or orders shall be issued shall be imported into any part of the United Kingdom at the lower rate of duty proposed by this Act. Cci tificate of origin. V. And be it further enacted, that before any sugar .shall be entered as being of the pro- duce of any of the provinces composing the presidency of Fort William in Bengal, or of any of the dependencies thereof, being a British possession, at the lower rate of duty fixed by this Act, the master of the ship importing the same shall deliver to the collector or controller of the Customs at the port of importation a certificate under the hand and seal of the collector of sea Customs of the port where such sugar was taken on board within the limits of the presi- dency of Fort William in Bengal, or of any of the dependencies thereof, being a British possession, testifying that there had been produced to him by the shipper of such sugar a 6& 7 Wm.1V. Cap.47.] 461 certificate under the hand and seal of tlie collector or assistant collector of the land or custom revenue of the district within which such sugar was jirodiiced that such sugar was of the produce of the district, and that the importation into such district of foreign sugar, or sugar the growth of any British possession into which foreign sugar can be legally imported, is prohibited ; which certificate so granted by the said collector of sea customs shall state the name of tiie districts in which such sugars were produced, their quantity and quality, the number and denomination of the packages containing the same, and the name of the ship in which they are laden, and of the master thereof; and that such master shall also make a declaration before the collector or controller that such certificate was received by him at the place where such sugar was taken on board, and that the sugar so imported is the same as is mentioned therein. (1) (1) [See 3 & 4 Wm. 4, cap. 5-2, sec. :38.] V"I. Provided always, and be it further enacted, that it shall be lawful for the Governor- Governor-general general of India in Council to appoint any officer or officers, other than the said collector and 'to^eJve'XTUticaU'^'""^ assistant collector of land revenue and the collector of customs, to eive such certificates. 6 & 7 GULIELMI IV. Cap. XLVII. An Act to continue until the Fint Daii of March one thousand eight hundred and thirty-nine, and front thence until the end of the then next Session of Parliament, the .several Acts relating to Insolcent Debtors in India. [28th July, lS3(j.] The Acts recited in the preamble were further continued by 3 & 4 Vic. cap. 80, till the 1st March, 1845, and ironi thence to the end of then next session of" Parliament. Whereas an Act was passed in tlie ninth year of the reign of his late Majesty King George y g. +, c. 73. the Fourth, intituled, " An Act to provide for the Relief of Insolvent Debtors in the East- Indies, until the first day of March one thousand eight hundred and thirty-thriv :" and whereas a certain other Act was |)assed in the second year of the reign of his j)resent IMajisiv, intituled, " An Act to continue until the first day of March one thousand eight hundiKl and _' \v. y, <■. \3. thirty-six, an Act of the ninth year of his late Majesty for the Relief of Insolvent Debtors in India," whereby the said first-nientiomd Act was continued in force \uitil llie first dav ot March one thousand eight hundred and thirty-si.\ : anil whereas a certain other Act was passed in the fiftli year of the reign of his present Maje>lv, intituled, " An Act to amend jW V, c. 79. the Law relating to Insolvent Debtors in Inilia :" and whereas it is exjjedient that the said first-mentioned Act, as amended by the said last-mentiom-d Act, should be contimied ; I)e it therefore enacted by the King's most excellent IMajesty, by and with the advice and constnt ot the Lords spiritual and tenqioral, and Connnons, in this present Parliament assembled, anil 462 [6 & 7 Wm. IV. Cap. 53. Recited Acts conti- W the authority of the same, that the said Acts shall be and the same are hereby continued ^»ed. until the first day of March one thousand eight hundred and thirty-nine, and from thence until the end of the then next session of Parliament. (1) (1) [See Act of Government of India, No. 4 of 1836, in Appendix.] Acts and deeds done H- And whereas it may have happened that divers Acts have been done since the first subsequent to the ex- j^y of March last pursuant to the provisions in the said recited Acts contained, and doubts to be deemed valid. niay be entertained of the validity or efficacy of such Acts, or of some of them, and it is ex- pedient that sucli doubts should be removed ; be it therefore enacted and declared, that all acts, deeds, matters, and things whatsoever wliich shall have been made or done on or sub- sequent to the said first day of March last, and which would have been valid and effectual if the said several Acts had been then in force, are and shall be, and shall be held, adjudged, deemed, and taken to be, as valid and effectual to all intents and purposes as if the said recited Acts had not expired, and tliis Act had passed on the twenty-ninth day of February last. Act maybe altered III. And be it enacted, that this Act may be amended, altered, or repealed by any Act or this session. Acts to be passed in the present session of Parliament. 6 & 7 GULIELMI IV. Cap. LIII. An Act /or enabUng his Majesty to grant AdtniraUy Jurisdiction to the Court of Judicature of Prince of Wales's Island, Singapore, and Malacca. [iWi August, 1836.] Whereas it is expedient that his Majesty's Court of Judicature of Prince of Wales's Island, Singapore, and Malacca, should have jurisdiction as a Court of Admiralty ; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled. Admiralty jurisdic- and by the authority of the same, that it shall and may be lawful for his Majesty, by Charter \Vimam'"i'2ended^°to °'" betters Patent under the great seal of the United Kingdom of Great Britain and Ireland, Prince of Wales's to grant and commit to the said Court of Judicature of Prince of Wales's Island, Singapore, and Malacca, powers and authorities for the exercise of Admiralty jurisdiction to the same extent, in all respects as his Majesty's Supreme Court of Judicature at Fort William in Bengal, is now by vu-tue of any Charter or Acts of Parliament authorized to exercise any Admiralty jurisdiction. By whom the war- II. And be it further enacted, that when it sliall please his jVIajesty to issue any Charter stgned.° ° counter- ^^ Letters Patent by virtue of this Act, the warrant for such Chai-ter or Letters Patent shall be countersigned by the President of the Board of Commissioners for the Affairs of India, and by no other person. 6 & 7 Wm. IV. Cap. GO.] 4G3 6 & 7 GULIELMI IV. Cap. LVIII. An Act for dcclar'nig llic Law as to the Day on which it is rcquisilc to present for Payment to the Acceptors or Acceptor supra Protest for Honour, or to the Referees or Referee in case of Need, Bills of Exchange which had been disho- noured. [I'ith August, 1836.] Whereas bills of exchange are occasionally accepted snpra protest for honour, or have a reference thereon in case of need : and whereas doubts have arisen when bills have been pro- tested for want of payment as to the day on which it is requisite that they should be pre- sented for payment to the acceptors or acceptor for honour, or to the referees or referee, and it is expedient that such doubts should be removed : be it therefore declared and enacted by Bills of exclianpe the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual "^ Acceptors forhonour and temporal, and Commons, in this present Parliament assembled, and by the authoritv of or referees till the day the same, that it shall not be necessary to present such bills of exchange to such acceptors ,vi,j'ch"'fhey^ become or acceptor for honour, or to such referees or referee, until the day following the day on due. whicli such bills of exchange shall become due; and that if the place of address on such bill of exchange of such acceptors or accejitor for honour, or of such referees or referee, shall be in any city, town, or place, other than in the city, town, or place where such bill shall be therein made payable, then it shall not be necessary to forward such bill of exchange for pre- sentment for payment to sucii acceptors or acceptor for honour, or referees or referee, luitil the day following tlie day on which such bill of exchange shall become due. II. And be it further enacted and declared, tliat if the day follow^'ng the day on whicii If the following day such bill of exchange sliall become due shall happen to be a Sunday, Good Friday, or Christ- on ''tiie '(lay' following mas Day, or a day appointed by his Majesty's proclamation for solenm faster of thanksgiving, such Sunday, &;c. then it shall not be necessary that such bill of exchange shall be presented for payment, or be forwarded for such presentment for payment, to such acceptors or acceptor for honour, or referees or referee, until the day following such Sunday, Good Frklay, Christmas Day, or solemn fast or day of thanksgiving. 6 & 7 GULIELMI IV. Cap. LX. An Act to anwml the Laics relatiivj; to the Customs. [\'Mh August. iN.-if;.] I\'. And whereas by the said last-mentioned Act (1) all spirits, nol being in'rluiind or .Spirits nmy he im- medicinal spirits, or nnn of and from the British possessions, arc required to 1k' im])(irte(i '"'."'!. ,"|'|,„™,iih1 to- intothc United Kingdom in casks containing not k'ss than fortx' gallons, and tobacco and hue™ or >nntT in hogs- ,,■ ■ . ■ 1 • 1 . 1 • ■ 1 • 1 11 1 1 ^ hemls, &c. conlaining snuH m certain cases arc also required to lie nn])ortc(i in lioghluads, ca^ks, chests, or cases, •j^)^)n,J, each of which shall contain of net tobacco or snufi' I'oui- huiuiii.(l .nid fifty jiounds weight ; In.' it enacted, that the said restrictions shall not extend to any sucli spirits in casks of not less 464 [7 Wm. IV. cSc 1 Vic. Cap. 27. than twenty gallons, nor to any such tobacco or snuff in hogsheads, casks, chests, or cases, eacii of which shall contain of net tobacco or snuff three hundred pounds weight. (1) [3 cS: 4 Wm. 4, cap. .52.] Goods may be ex- V. And whereas the importation and exportation of certain goods into and from the United fonsr '" **^'*'^ ^ ° Kingdom and other dominions of his Majesty by the laws now in force, is restricted to vessels 5tSi 6 W. 4., c. 56. of seventy tons burthen or upwards: and whereas by an Act passed in the fifth and sixth years of the reign of his present Majesty, intituled, " An Act to regulate the Admeasure- ment of tlie Tonnage and Burthen of the Merchant Shipping of the United Kingdom," vessels are required to be admeasured according to the rules set forth in tliat Act, and in consequence thereof it has become expedient to reduce the tonnage to whicii such importations and expor- tations are restricted ; be it therefore enacted, that it shall be lawful to import or export from the United Kingdom, and other dominions of his Majesty, any such goods in vessels of sixty tons burthen and upwards, provided such vessels have been admeasured according to the rules prescribed by the last-mentioned Act. A subsequent section of this Act contains a table of new duties ; but all variations thereby made with respect to articles contained in so much of the table appended to 3 & 4 Wm. 4, cap. 56, as is printed in this collection, have been noticed in a note upon that table. 7 GULIELMI IV. and 1 VICTORIA. Cap. XXVII. An Act for granting to her Majesty, until the Fifth Day of July, one thousand eight hundred and thirty-eight, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year one thousand eight hundred and thirty- seven. [3d July, 1837.] jNIost Gracious Sovereign, We, your Majesty ''s most dutiful and loyal subjects, the Commons of the United Kingdom of Great Britain and Ireland in Parliament assembled, towards raising the necessary supplies to defray your Majesty's p\iblic expenses, have freely and voluntarily resolved to give and grant unto your Majesty the duties herein-after mentioned ; and therefore do most humbly beseech your Majesty that it may be enacted ; and be it enacted by the Queen's most excellent Majesty, by and witli the advice and consent of the Lords spiritual and temporal, and Com- mons, in this present Parliament assembled, and by the authority of the same, that the duties Duties imposed by iniposed on sugar and molasses by an Act passed in the sixth and seventh years of the reign 6&7W.i 0.26, con- yf ]jis jjjfg jMajesty King: William the Fourth, intituled, " An Act for granting to his Majesty tinned till 3tl\ July, , -p, t^ , ,• •■,-.• 183H. till the Fifth Day of July one thousand .eight hundred and thirty-seven, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year one thousand eight hundred and tliirty-six," shall be further continued until tlie fifth day of July, one thousand eight hundred and thirty-eight. 7 Wm. IV. c . 11 . -.r • , 1 ' 1 • 1 1 1 • 1 c 1 Court of Directors may enacted by the Kmg s most excellent JVIajesty, by and with the advice and consent or the suspend the operatioli Lords spiritual and temporal, and Commons in this present Parliament assembled, and by the pf enactments respect- . ^ * ing admissiuii ol" stu- authority of the same, that the Board of Commissioners for the Affairs of India and the Court dents ; of Directors of tlie East-India Company shall, from the passing of this Act, have and l)e invested jointly with full power from time to time to suspend and to revive the operation of tliL' said enactments for and during sueli period or successive periods of time as the said Board of Commissioners and Court of Directors may in their discretion think desirable. II. And whereas in case of any suspension of the operation of thi' said enactments it will and in sueli case the be expedient to establish some system of examination of candidates for admission to the said ,|,^"t!Js. " '"'''""" College at Haileybury ; be it therefore fiu-thcr enacted, that in case tiie said Board of Com- missioners and Court of Directors shall at any time or times hereafter siispeml the operation of the said enactments, it shall be lawful for the said Board of ( 'onnnissioners and they are hereby retpiired to ap[K>int, during the pleasure of the said Board, any competent person or jiersons to 1k' an examiner or examiners of all candidates for admission to the said College at Haileybury, and to make, and afterwards alter, vary, or repeal, and again mairisoned and their estates sequestered by process of contempt issuing out of such Courts, to the ruin of themselves and families, it is enacted that every Quaker on every occasion (except on criminal trials) where an oatli is by law required, shall be permitted to make solemn affirm- ation and declaration in lieu tliereof : and whereas the same privilege has by subsequent Acts of Parliament been extended in all cases to the persons called Quakers and Moravians ; and whereas it is expedient and fitting that the aforesaid privilege should be extended to sue!i persons as liave been Quakers and Moravians, but have ceased to belong to either of such religious denominations of Cliristians, still continuing nevertheless to entertain conscientious objections to the taking of an oath : be it therefore enacted by the Queen's most excellent Majesty, by an;l witli the advice and consent of the Lords spiritual and tenqyiral, and Commons, in this j)reseut Parliament assembled, and by the authority of tlie same, tliat it shall be lawful for any person who shall have been a Quaker or a Moravian to make solenni Certain persons may affirmation and declaration in lieu of taking an oath, as fully as it would be lawful for ijenofoatli- any such person to do if he still remained a mend)er of either of such religious denominations of Christians, which said affirmation or declaration shall be of the same force and effect as if he or she liad taken an oath in the usual form ; and if any such person making such solenm if convicted of having affirmation or declaration sliall he convicted of liaving wilfully, falsely, and corruptly affirmed p''„^,'ishe''i a"\t ^n\]°y o^f or declared any matter or thing which, if the same had been sworn in the usual form, would perjury, iiave amounted to wilful and corrupt ))erjury, every such offender shall be subject to the same pains, penalties, and forfeitures to wliich persons convicted of wilful and corrupt perjury are or shall be sidiject : provided always, that every such affirmation or declaration shall be in the words following ; that is to say, " I, j4. B., having been one of the j)eople called Quakers, [or one of the persuasion of Form of declaration. " the people called Quakers, or of the Cnited brethren called Moravians, as the case " rnai/ /;t',] arid entertaining conscientious objections to the taking of an oath, do solemnly, " sincerely, and tndy declare and affirm." The 7 & 8 VVm. 3, cap. 34 (recited in this Act), allowed the solemn uffirnuilion of a Quaker to be received on all occasions except on c rimi- nal trials. liy various enactments in this collection it is prescribed that (he solemn affirmation of a Quaker is to be taken in the cases referred to in place of the oath recpiired from otlun's. The .'> iS; -I \\'iu. I, c;i|). 49, allowed of the substitution of the solenni aflirmation or dechi- ration of a Quaker in all cases where an oatii might be requireil, 3p 474 [] &2 Vic. Cap. 110. either by common law or Act of Parliament. The same privilege, and to the like extent, was by that Act afforded to Moravians, and by 3 & 4 Wm. 4, cap. 82, to the people called Separatists. 1 & 2 VICTORIA. Cap. CVI. An Act to abridge the holding of Ikiujices in Plurality, and to make better Provision for the Residence of the Clergy. [14iA August, 1838.] Certain persons ex- XXXVII. And be it enacted, that no spiritual person, being Head Ruler of any College empt from penalties for ^j. jj,^}] „.;jj^j„ gjt|,g^ ^f the Universities of Oxford or Cambridge, or being Warden of the non-residence. . . . University of Durham, or being Head Master of Eton, Winchester, or Westminster School, or Principal or any Professor of the East-India College, having been appointed such Principal or Professor before the time of the passing of this Act, and not having respectively more than one benefice with cure of souls, shall be liable to any of the penalties or forfeitures in this Act contained for or on account of non-residence on any benefice. 1 Sc 2 VICTORLE. Cap. CX. Ax i\cr for abolishing Arrest on Alesne Process in Civil Actions, except in certain Cases ; for extending the Remedies of Creditors against the Property of Debtors; and for amending the Laics for the Relief of Insolvent Debtors in England. [\Gth August, 1838.] ° Stock and shares in XIV. And be it enacted, that if any person against whom any judgment shall have been public funds and public (>,jtei-ed up in anv of her Maiestv's Superior Courts at Westminster shall have any government companies belonging >■ • j j i ,. . ii-z-i .-r^ii to the debtor, and Stock, funds, or annuities, or any stock or shares of or m any pubhc Company ni England n^me "to be cbar' ed b" ("''i^'ther incorporated or not), standing in his name in his own right, or in the name of any order of a judge. person in trust for him, it shall be lawful for a judge of one of the Superior Courts, on the application of any judgment creditor, to order that such stock, funds, annuities, or shares, or sucli of them or such part thereof respectively as he shall think fit, shall stand charged with the payment of the amount for which judgment shall have been so recovered, and interest thereon, and such order shall entitle the judgment creditor to all such remedies as he would have been entitled to if such charge had been made in his favour by the judgment debtor ; provided that no proceedings shall be taken to have the benefit of such charge until after the expiration of six calendar months from the date of such order. Order of judge to be XV. And in order to prevent any person against whom judgment shall have been obtained made in tlie first 111- £ transferring, receiving, or disposing of any stock, funds, annuities, or shares hereby stance «• parte, and on o' o' i o -' .' K^- 2 Vic. Cap. no.] 475 autlioriztd to he diarjifetl for the benefit of the judgment creditor under an order of a judge, notice to the Bank or be it further enacted, that every order of a judge cliarging any government stock, funds, or Company to operate as annuities, or any stock or shares in any public company, under this Aet, shall be made in the first instance e.v parte, and without any notice to the judgment debtor, and shall be an order to show cause only; and such order, if any government stock, funds, or annuities standing in the name of tlie judgment debtor in his own right, or in the name of any person in trust for him, is to be affected by such order, shall restrain the Governor and Company of the Bank of England from permitting a transfer of such stock in the meantime and until such order shall be made absolute or discliarged ; and if any stock or shares of or in any public Com- pan}', standing in the name of the judgment debtor in his own right, or in the name of any person in trust for him, is or are to be affected by any such order, shall in like manner restrain sucii public Company from permitting a transfer thereof; and that if, after notice of such order to the person or persons to be restrained thereby, or in case of corporations to any authorized agent of such corporation, and before the same order shall be ilischarged or made absolute, such corporation or person or persons shall permit any such transfer to be made, then and in such case the corporation or person or persons so permitting such transfer shall be liable to tlie judgment creditor for the value or amount of tiie property so charged and so transferred, or such part thereof as maybe sufficient to satisfy his judgment ; anil that no disposition of the judgment debtor in the meantime shall be valid or effectual as against the judgment creditor; and further, that, unless the judgment debtor shall, within a time to be mentioned in such order, show to a judge of one of the said Superior Courts sufficient cause to the contrary, the said order shall, after proof of notice thereof to the judgment debtor, liis attorney or agent, be made absolute: provided that any such judge sliall, upon the a]ipli- cation of the judgment debtor, or any person interested, have full power to discharge or vary such order, and to award such costs upon such apjilication as he may think fit. In reference to the above two Sections, see 3 & 4 Vic. cap. 82. XXIII. And whereas it is expedient to continue, for the purposes herein-after mentioned, Powers now vested the laws now in force for the relief of Insolvent Debtors in England, and to make further "> tjie Conn for Relief . . _ 1 °f Tiisolvciit Debtors provision tor the relief of Insolvent Debtors ; be it therefore further enacted, that from and continued lor the imr- after the jjassing of this Act the powers vested in the Court now established for the relief of ^^]^^^ ''"'•''" '""'■ Insolvent Debtors in England shall be and t!ie same are hereby continued and vested in the Court to be continued by virtue of this Act, as herein-after provided, in so far as the same relate to or may be exercisetl in the matters of the petitions of any persons who, before tiie time appointetl for the commencement of tliis Act, shall have petitioned the said Court now established for relief, under tlie provisions of any Act or Acts for the relief of Insolvent Debtors in England, or of any persons wlio have obtained tlieir discharge bv virtue of any Aet for the relief of Insolvent Dclitors in EnglantI ; and tliat all things shall and may be done by all persons relating to the matters of all such petitions which sucli persons might have done if the laws now in force with respect to Insolvent Debtors in England had beiMi continued by this Aet. Tlie ubove section continues in certain cases (he operation oC the former laws for the relief of insolvent debtors. Those which follow apply to cases of insolvency under this Act. LIV. And be it enacted, that if any such prisoner shall at the time of filing such jietition Whcic liie prisoner as aforesaid, whether such petition shall have been preferred by himself or by any such [I ''»iockr''thc''comt 3 1- O niiiy order II transfer. 47(} [1&2 Vic. Cap. 110. creditor as aforesaid, or at any time before such prisoner sliall become entitled to liis final discharge according to this Act, liave any Government stoclssignees, in order tliat the same may be applied in payment of the debts of sucli prisoner; and such order and consent being lodged in the office of her Majesty's Paymaster- general, or of the Secretary of tlie said Court of Directors, or of any other officer or person appointed to pay, or paying, any such pay, half-pay, salary, emoluments, or pension, sucli portion of tlie said pay, half-pay, salary, emoluments, or pension as shall be specified in sucli order or consent shall be paid to the said assignee or assignees, until the said Court shall make order to the contrary. Prisoners for debt, CXIX. And be it further enacted, that from and after the passing of this Act no prisoner or their creditors, not f^,. (\Q\yi shall petition any Court for his or iier discharge under tlie provisions of an Act to petition any Court. . '. ■' .,..,. for certain purposes, jiassed in the tliirty-secoiid year of the reign of his late Majesty King George the Second, er - ... c. ^^. intituled, "An Act for the Relief of Debtors with respect to the Imprisonment of tlieir Persons, and to oblige Debtors who shall continue in Execution in Prison beyond a certain Time, and for Sums not exceeding what are mentioned in the Act, to make Discovery of and deliver upon Oath their Estates for the Creditors'' Benefit;" nor shall any creditor of any prisoner petition any Court for the exercise of the compulsory powers given against debtors under the provisions of the Act above-mentioned. (1) (1) [See note on 39 & 40 Geo. 3, cap. 79, sec. 23.] Commencement of CXXIII. And be it enacted, that this Act shall, as to all matters not otherwise provided ^'^^- for, commence and come into operation on the first day of October, one thousand eight hun- dred and thirty-eight. ] c^ 2 Vic. Cap. 113.] 477 1 & 2 \ ICTORI/E. Cap. CXIII. A.\' Act to amend the Laws relating tu the Custcnns. [\Gth August, 1838.] XI. And whereas by one other of the said Acts, intituled, " An Act for the registeiinj; of commissioners of Britisli Vessels," it is among other things enacted, that cverv iJerson wlio shall apply for a '^'"*'<'n>s i'"}'. '" '''<-• .„ „ . J. ,. 1 1 11 1 ■ I ^ ) 1 , absence of the builder's certificate ot registry tor any sl)ip or vessel siiall l)c re- made to the satisfaction of the Commissioners of her Majesty's Customs of all the particu- lars required as aforesaid, they are hereby authorized to dispense with the account required under the hand of the builder, and to allow tiie certificate of registry to be granted. XII. And whereas it is expedient tiiat true information should be had at every port in Owners of British her Majesty's dominions whether all the vessels registered at such jiort are actually in T'coi^pe? ■s'^of"c"" existence and entitled to the privileges of IJiitish registered ships, or not; be it therefore toms at the port of re- enacted, that the person or persons registered as owner or owners of any British ship or of such vessels'^*' "^ vessel which shall have been lost, or taken by the enemy, or burnt, or broken up, or other- wise prevented from returning to the port to wliicii sucli slii|)or vessel belongs, or wliich shall on any account have lost or forfeited the ])rivileges of a Hritish shij), siiall imniediatelv upon obtaining knowletlge of any of the circumstances aforesaid give notice in writing of such cir- cumstances to the collector or controller of the Customs at the port of registry of such sliij) or vessel. XIII. And be it enacted, that in all cases where any British registered ship or vessel shall or if vessels absent have been absent from the port of registry for the space of tluee years, the person or per.sons [''om the port oi regis- ' . . . . "y ""' ""■ee years, to registered as the owner or owners of such ship or vessel shall in like manner give notice in state cause, writing to the collector or controller of the Clustonis at such port, stating therein the cause of such absence, and that the said vessel has not forfeited her privileges as a British ship. XIV. And be it enacted, that every such owner or owners failing to give such notice in l-aiiing to give such either of the cases aforesaid, or making any untrue statement in resjiect of any such ship or "^'"^'•'*'' ^^'- '" f^ffe'' vessel, shall forfeit the sum of five pounds. XV'III. And be it enacted, that if any sugar or coffee the |)ro(luce of any Britisli pos- Kast. India sugar session witiiin the limits of the East-India ( 'oiiiinuiy's Ciiarter siiall have lueii im])orled into "fGooTn'opVand fin^^ the Cajie of Good Hope from the place of its production, accompanied by such a eertilicate ported from ihence. of origin as would be suflicient for its admission in the I'nited Kingdom at the low rate ot' duty, and shall have been warehoused at the Capt' of (lood Ibipe, under tlu' regulations there in force for the warehousing of goods, and shall iiave Ixiii expurled from such ware- house, accompanied by a certificate from tlu' ])ri)])ei- dllieer of the Customs at tlie Caj lie ol 478 [ic^- 2 Vic. Cap. 113. Good Hope, setting forth the particulars of the importation and of the warehousing and of the exportation of the same, and also setting forth the suhstance of the certificate of origin before-mentioned, and if on the arrival in the United Kingdom of the ship importing such sugar or coffee the master of sucli ship siiall deliver to the collector or controller at the port of importation such certificate from the officer of the Customs at the Cape of Good Hope, and shall make a declaration before such collector or controller that such certificate was received by him at the Cape of Good Hojje, and tliat tlie sugar or coffee so imported is the same as is mentioned therein, then such sugar or coffee shall be admitted at such port of im- portation in the United Kingdom at the same rate of duty as would be payable if the same had been imported direct from the place of its production. Coffee, tlie produce XXIV. And be it enacted, that so much of the said Act for regulating the trade of the of British possessions gj-jtish possessions abroad as prohibits cofl'ee the production of British possessions within the within the limits of the . ^ , _, ^ i- ^ , r„ ,- \ ■ ■ ^ ■ ^ i -r. • • i East-India Company's hmits of the t,ast-India Company s L barter Irom bemg miported mto any ot the British pos- Charter. may be im- ggggjQj^g jjj the West- Indies and into the Island of Mauritius shall be repealed: provided ported into the hSritisu _ _ _ _ _ ■ • i possessions in the always, that no coffee shall be entered in any British possession in the West-Indies or in the the Mauridus-^'ceraa- Island of Mauritius as being the produce of any British possession within the limits of the cate of origin of such East-India Company's Charter when imported from such possessions, unless the master of the ee requi ^j^.^ importing the same shall have delivered to the collector or controller a certificate under the liand and seal of the proper officer at tlie place where such coffee was taken on board, testifying that a declaration in writing had been made and signed before him (the contents of which he had examined and believed to be true) by the shipper of such coffee that the same was really and bond Jide the produce of some such British possession, nor unless such master shall make and subscribe a declaration before the collector or controller, that such certificate v as received by him at the place where such coffee was taken on board, and that the coffee so imported is the same as is mentioned therein. Goods the produce XXX. And whereas by one other of tlie said first-mentioned Acts, intituled, " An Act of certain ^_^ powers, or privileges now belonging to or inherent in the said Supreme Courts of Judicature respectively. 2 & 3 VICTORI.E. Cap. XXXVII. An Act to amend and cwtcnd until tlie First Day of January, one thousand eight hundred and forty-two, the Provisions of a)i Act of the First Year of her present Majesty, for e.veinpting certain Bills of Exchange and Promissory Notes from the Operation of the Laics relating to Usury. [29th July, 1839.] 7\v. 1.&I Vic. e.80. Whereas by an Act passed in the first year of the reign of her present Majesty, intituled, " An Act to exempt certain Bills of Exchange and Promissory Notes from the Operation of the Laws relating to Usury," it was enacted, that bills of exchange, payable at or within twelve months, should not be liable, for a limited time, to the laws for the prevention of usury : and whereas the duration of the said Act was limited to the first day of January, one thousand eight hundred and forty ; and it is expedient that the provisions of the said Act should be extended : be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and con.sent of the Lords spiritual and temjwral, and Commons, in this present Parliament assembled, and by the authority of the same, that from and after the Hills of exchange passing of this Act no bill of exchange or promis.sory note made payable at or within and contracts for loans . , ii r.. »i i . .1 r .. 1 • ...l ^ 1 1 1 or forbearance of mo- twelve montlis after tile date thereof, or not liavnig more than twelve montlis to rini, nor any ney above .£10 not to contract for the loan or forbearance of money, above the sum of ten pounds sterling, shall, by 3& 4 Vic. Cap. 6.] 481 reason of any interest taken thereon or secured tlicreby? or any agreement to pa}' or receive or be affected by usury allow interest in discounting, negotiating, or transferring any such bill of exchange or '*"^' promissory note, be void, nor shall the liability of any party to any sucli bill of exchaii're or promissory note, nor the liability of any person borrowing any sum of money as aforesaid, be affected, by reason of any statute or law in force for the prevention of usury ; nor shall any person or persons or body corporate drawing, accepting, endorsing, or signing any sucli bill or note, or lending, or advancing, or forbearing any money as aforesaid, or taking more than the present rate of legal interest, in Great Britain and Ireland respec- tively, for the loan or forbearance of money as aforesaid, be subject to any penalties under any statute or law relating to usury, or any other penalty or forfeiture ; any thing in any law or statute relating to usury, or any other law whatsoever in force in any part of the United Kingdom, to the contrary notwithstanding : provided always, that nothing herein contained shall extend to the loan or forbearance of any money upon security of any laned to between the parties. IV. And be it enacted, that this Act shall continue in force until the first day of January, Continuance of .A cl one thousand eight hunched and forty-two. (1) (1) [Continued by 3 &4 Vic. cap. 83, till the 1st .January, 1843.] 3 & 4 VICTORLE. Cap. VI. An kcv for Punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters. [3d April, 1840.] An Act under this title and having the same objects is passed annually. The period fixed for the commencement and expiration of the present Act in various parts of the world will be fomul in sec- tion 80, and as its operation in India does not commence until the 1st February, 1842, the Queen's Forces there will imtil that period be subject to the Acts passed in former sessions ; the provisions of which, however, it is to be observed, correspond \vith those oi' the present Act. Another Act exists lor the troops of tlu> Kasl-India Company, (3 tS: 4 Vic. cap. 37), but it has Jio operation within the United Kingdom. 3«i 482 [3 & 4 Vic. Cap. 6. Composition of tee- \l. And be it enacted, that a general Court-martial convened in any part of the Queen's neral Courts-martial. Joniinions, (Bermuda, the Bahamas, Saint Helena, Africa, and the Australian colonies ex- cepted), or in the settlements of the East-India Company, shall consist of not less than thir- teen commissioned officers; if convened in Bermuda or the Bahamas, or out of the Queen's dominions, excepting Saint Helena, Africa, and the Australian colonies, shall consist of not less than seven, and in Saint Helena, Africa, and the Australian colonies, of not less than five commissioned officers; and no judgment of death shall pass without the concurrence of two- thirds at the least of the officers present ; and the president shall in no case be the officer commanding-in-chief or governor of the garrison where the olfender shall be tried, nor under the degree of a field officer, unless where a field officer cannot be had, nor in any case what- soever under the degree of a captain. Powers of general ^'II• And be it enacted, that a general Court-martial may sentence any soldier to im- Courts-martml. prisonnieiit, with or without hard labour, in any public prison, or other place which the Court or the officer commanding the regiment or corps to wiiich the offender belongs or is attached shall apjjoint, and may also direct that such offender shall be kept in solitary confinement for any ]iortion or portions of such imprisonment, not exceeding one month at a time or three montlis at diffei-ent times, with intervals of not less than one month between such times in one year, or of such imprisonment with hard labour, or may sentence any sol- dier to corporal punishment, not extending to life or limb, for immorality, misbehaviour, and neglect of duty ; and a general Coiu-t-martial may, in addition to any such punishment as aforesaid, sentence any offender to forfeiture of all advantage as to additional pay, and pension on discharge ; and whensoever any general Court-martial by which any soldier shall have been tried and convicted of any offence punishable with death shall not think the offence deserving of capital punishment, such Court-martial may, instead of awarding a corporal punishment or imprisonment, adjudge the offender, according to the degree of the offence, to be transported as a felon for life or for a certain term of years, or may sentence him to general service as a soldier in any corps and in any country or place which her Majesty shall thereupon direct, or may, if such offender shall have enlisted for a limited term of years, sentence him to serve for life as a soldier in anj' corps which her Majesty shall please to direct, and the Court may, in addition to any other punishment, sentence such offender to forfeit all advantage as to increase of pay, or as to pension on dicharge, which might other- wise have accrued to such offender; provided that in all cases where a capital punishment shall b.ave been awarded by a general Court-martial it shall be lawful for her Majesty, or, if in the East-Indies, for the officer commanding-in-chief the forces at the presidency to which the offender shall belong, instead of causing such sentence to be carried into execution, to order the offender to be transported as a felon, either for life or for a certain term of years, as shall seem meet to her Majesty, or, if in the East-Indies, to the officer commanding as aforesaid. Mixture of officers XIII. And be it enacted, that in certain cases, where it may be necessary or expedient, upon Courts-martial, officers of her Majesty's marine forces may sit upon Courts-martial in conjunction with officers of her Majesty's land forces, and such Courts-martial shall be regulated, to all intents and purposes, in like manner as if they were composed of officers of the land forces only, whether the commanding officer by whose order sucli Court-martial is assembled belongs to the land or to the marine forces ; and officers of her Majesty's land forces and officers in the service of the East-India Company, when serving together, may be associated in Courts-martial, w^hicli shall, to all intents and purposes, be regulated in like 3&4Vic. Cap. C] 483 manner as if consisting wholly of officers of her Majesty's land forces, or wholly of officer* in the service of the East-India Company; save and except that on the trial of any person in her Majesty's land forces, the provisions of this Act, and the oaths thereby ])rescril)cd, siiall be applicable; antl that on the trial of any person belonging to her Majesty's marine forces, the provisions of an Act passed in the present session of Parliament for the regulation of her INIajesty's royal marine forces while on sliore, and the oaths thereby prescribed, shall be applicable ; and on the trial of any officer or soldier in the service of the East-Iniiia Coin|)any the provisions of an Act passed in tlie fourth year of the reign of his Majesty King George the Fourth, to amend the laws for punishing mutiny and desertion of officers and soldiers in the service of the East-India Company, and the oaths thereby prescribed, shall be aj)plicable, not- withstanding any officer in the actual service of the said Company may have a commission from her Majesty or fi'omhis late Majesty King William the Fourth. XV. And be it enacted, that in all trials by general Courts-martial to be held by virtue of Proceedinc s of this Act, tile president and every member assisting at such trial, before any proceeding be had Courts-martial, thereon, shall take the oath in the schedule to this Act annexed, before the judge advocate or his deputy, or person officiating as such, and on trials by other Courts-martial before the pre- sident of such Court, who are hereby respectively authorized to administer the same, and any sworn member shall administer the oath to the president, and as soon as the said oaths shall have been administered to the respective members, the president of the Court is hereby authorized and required to administer to the judge advocate, or the person officiating as such, the oath in the schedule to this Act annexed ; and no proceeding or trial shall be had upon any offence but between the hours of eight of the clock in the morning and four in tiie after- noon, except in cases which require an immediate example, and except in the East-Indies, where such proceedings or trial may be had between the hours of six in the morning and four in the afternoon : provided also, that all witnesses duly summoned by the judge advocate or the person officiating as such, or by tlie president of a district or garrison Court-martial, shall during their necessary attendance in such Courts, and in going to and returning from the same, be privileged from arrest, and shall, if unduly arresteil, be disciiarged by liie Court out of which the writ or process issued by which such witness was arrested, or if such Court be not sitting, tlien by any Judge of the Court of Queen's Hench in London or in Dublin, or the Court of Session in Scotland, or Courts of Law in the East or West-Inilies or elsewlKie, according as the case shall require, upon its being made to appear to such Court or judge, by any adidavit in a summary way, that such witness was arrested in going to or returning from or attending upon such Court-martial ; and that all witnesses so duly sunnnoned as aforesaid who shall not attend on such Courts, or attending shall refuse to be sworn, or, being sworn, shall refuse to give evidence or to answer all such (juestions as the Court may legally deiiiMiid of them, shall be liable to be attaclied in the Court of Queen's Ueneh in London or Dublin, (;r the Court of Session, or sheriff depute, or Stewarts depute, or their respective substitutes, within their several shires and stewartries iu Scotland, or Courts of Law in the East or \Vest- Intlies, or in any of her Majesty's colonies, giU'risons, or dominions in Europe or elsewhere respectively, ujwn complaint made, in like manner as if such witness had neglected to attend in a trial in any proceeding in that Court. XIX. And be it enacted, that win never any sentence of transportation heretofore or lu re- Traiipiiortution from after passed by any Court-martial hohkn in the East-Indies, or in any part of her Majesty's foreign donnnions, is to be carried into execution for the term sj)ecified in such .sentence cr for any shorter term, or when sentence of death has been or shall as aforesaid lie connnuted 3a2 the COlulllC!'. 484 [3 & 4 Vic. Cap. 6. to transportation, the same shall be notified by the officer comnianding-in-cliief lier ^Majesty's forces at the presidency or station, or in his absence by tlie adjutant-general for the time being, to some judge of one of the Supreme Courts of Judicature in the East-Indies, or chief -j ustice, or some other judge, as the case may be, in any part of her Majesty's foreign dominions, who shall make order for the transportation or intermediate custody of such offender, in like manner as for the transportation or intermediate custody of any other convict ; and the necessary jiroceedings shall be taken, according to sucii o)-der, for the transportation or inter- mediate custody of sucli offender ; and all Acts in force in such place touching other offenders to be transported shall in all respects apply as well to the offender himself so to be transported as to all other persons whatsoever therein concerned. Fr.iudulent confes- XXIII. And be it enacted, that any person who shall voluntarily deliver himself up as a sioii of deseitioiu deserter from her Majesty's forces, or the embodied militia, or the forces of the East-India Company, or who, upon being apprehended for any offence, shall, in the presence of the jus- tice, confess himself to be a deserter as aforesaid, shall be deemed to have been duly enlisted and to be a soldier, and shall be liable to serve in any of lier Majesty's forces, as her Majesty shall think fit to appoint, whether such person shall Iiave been ever actually enlisted as a soldier or not ; and in case such person sliall not be a deserter from the regiment stated in such confession, he shall be liable to be punished as a rogue and vagabond, or may be prose- cuted and punished for obtaining money under ftilse pretences ; and the confession and receiving subsistence as a soldier by such person shall be evidence of the false pretence and of the obtaining money to the amount of the value of sucli subsistence, and tlie value of such subsistence so obtained may be charged in the indictment as so much money received by such person ; and in case sucli person shall have been previously convicted of the like offence, or as a rogue and vagabond for making; a fraudulent confession of desertion, such former conviction may be alleged in the indictment, and may be proved ujion the trial of such person; and in such indictment for a second offence it shall be sufficieiit to state that the offender was at a certain time and place convicted of obtaining money luider false pretences as a deserter, or as a roirue and vagabond for makins a fraudulent confession of desertion, wiihout otherwise describing the said offence ; and a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for the former offence, purporting to be signed by the clerk of the Court or other officer having the custody of the records of the Court where the offender was first convicted, or by the deputy of such clerk, or by the clerk of the convict- ing magistrates, shall, upon proof of the identity of the person of the offender, be sufficient evidence of the first conviction, without ])roof of the signature or official character of the per- son appearing to have signed the same ; and if the person so confessing himself to be a deser- ter shall be serving at the time in any of her Majesty's forces, he shall be deemed to be and shall be dealt with as a deserter. Persons subject to XXXII. And be it enacted, that all the provisions of this Act shall apply to all persons employed on the recruiting service receiving pay in respect of such service, and to the foi-ces of the East-India Company while they shall lie in any part of the United Kingdom, and until their arrival in the territories of the East-India Company (1 ), and to the officers and persons who are or shall be serving and hired to be employed in the Royal Artillery and Field Train, and to master gunners and gunners, and conductors of stores, and to all officers and persons « ho are and shall be serving in the regiment of Royal Engineers and the corps of Royal Sappers and Miners, and in the corps of Royal jMilitary Surveyors and Draftsmen, and to persons in the Ordnance and in the Commissariat Departments, who are or shall be serving with any 3 c^ 4 Vic. Cap. 6.] 485 ]);irt of her Majesty's forces, iit lioiiic or abroad, under the coimiiand of any officer having coiirinission from her Majesty, or from his late Majesty King William the Fourth, and to all storekeepers and other civil oflicers wlio are or sliall he employed l)y or act under the Ordnance at any of her IMajesty's ordnance estahlislmients at foreign stations: provided that nothing in this Act contained shall extend to affect any security which has been given by such store- keeper, barrack -master, or other officer, or their sureties, for the due })erforinance of their respective offices, under the provisions of an Act passed in tiie tiftietli year of tjie reign of his IMajesty King George tiie Third, to regulate the taking of securities in all offices, but that such bonds and other securities shall be and remain in full force and effijct. (1) [The 3«S>: 4 Vic. cup. 37, (" An Act to consolidate and amend the Laws for punishing Mutiny and Desertion in the Service of the East- India Company,") enacts (sec. 38) that all officers and soldiers enlisted or transferred to the service of the Company, and all officers and soldiers proceeding in charge of or doing duty with such enlisted or transferred officers or soldiers, shall, from and after their en^barkation for the place to which they may be sent in the service of the Company, be diu'ing their passage subject to all the provisions and regidations of that Act (3 c^ 4 Vic. cap. 37).] XXXVI. And be it enacted, tliat every person who shall receive enlisting money from any Kiilistingiaiul swear, person employed in the recruiting service, he being an ofiicer, nDn-eomnn'ssioncd officer, or an i"R "f rrcrmts. attested soldier, shall be deemed to be enlisted as a soldier in her MajestyV service, and while he sliall remain with tlie recruiting party siiall be entitled to be billetted ; and every person who shall enlist any recruit shall first ask tiie person offering to enlist whetiier he docs or does not Ix^long to tlu- militia, and sliall cause to be taken ilown, in «ritiiig, the name and place of abode of such recruit ; and (if such recruit shall not reside in or in the vicinity of the town or jilace wliere he ofl'ered to enlist) the place also at which he shall declare that he intends to sleep, in order that within forty-eight but not sooner than twenty-four hours, any intervening- Sunday not included, after his having received the enlisting money, notice of his having so enlisted be given to the recruit or left at iiis usual jilace of abode, or at the place where he stated that it was his intention to sleep; and when any person shall be enlisted as a solilier in her Majesty's land service he shall within four days, any intervening Sunday not included, but not sooner than twenty-four hours after such enlisting, appear, together witli some |'.erson employed in the recruiting service of the ))arty with which he shall Jiave enlisted, before a justice, or, in Scotland, before any baillie of a royal burgh, residing within the vicinity of tlii' place, and acting for tile division or district where such recruit shall liave been enlistetl, and not being an officer in the army ; and if such recruit shall declare liis having voluntarily en- listed, the said justice shall put to him the .several questions contained in the scheilule to this Act annexed, and shall record, or cause to be recorded, in writing, his answers thereunto ; and the said justice is hereby recpiired forthwith to cause the answers so recorded in writing, and the first and second articles of the second section of tiie Articles of \\':\v against nuitin\ and desertion, to be read cjver in his own presence to such recruit, and to aihninister to such recruit the oath in the schedule to this Act aimexed for limited or imliniitid service', or for scivice in the forces of the East-India Company, as may be aj)plicable to the casi' of the recruit, and no 486 [3&4 Vic. Cap. 6. othei- oaths, any thing in any Acts to the contrary notwithstanding ; (1) and tlie said justice is iuTeby required to give, under iiis hand, the certificate in the schedule to this Act annexed; and if any such recruit so to be certified shall refuse to take the oath in the schedule to this Act annexed before the said justice, it shall be lawful for the officer or non-commissioned officer with whom he enlisted to detain and confine such jierson until he shall take the said oath of fidelity. (1) [The 50 Geo. 3, cap, 87, prescribes other oaths, the administra- tion of whicli is thus suspended during the continuance of this Act.] Dissent and relief XXXVII. And be it enacted, that any recruit appearing as aforesaid before such justice from enlistment. ^j^^jj j^^ ^^ liberty to declare his dissent to such enlisting, and upon such declaration, and returning the enlisting money, and also paying the sum of twenty shillings for the charges expended upon him, together with the full amount of subsistence and beer money which shall have been paid to such recruit subsequent to the period of his having been enlisted, shall be forthwith discharged and set at liberty in the presence of such justice; but if such person shall refuse or neglect, within the space of twenty-four hours after so declaring his dissent, to return and pay such money as aforesaid, he shall be deemed and taken to be enlisted as if he had given his assent thereto before the said justice: provided also, that it shall be lawful for any justice to discharge any person who shall have hastily enlisted, and who shall apply to him to declare his dissent within such four days as aforesaid, upon the payment of tiie sum of money required to be paid by any recruit declaring his dissent under this Act, notwithstanding no person belonging to the recruiting party shall be with the recruit, if it shall appear to such justice, upon proof to his satisfaction, that the recruiting party has left the place where such recruit was enlisted, or that the recruit could not procure any person belonging to such party to go with him before the justice; and the sum paid by such recruit upon his discharge shall be kept bv the justice, and paid to any person belonging to the recruiting party entitled thereto demanding the same ; provided that no recruit who has been actualh', tliough erroneously, discharged by the justice before the expiration of twenty-four hours after the time of his enlistment shall be liable on that account to be proceeded against as having deserted from her Majesty''s service; and the justice who shall discliarge any recruit shall in every case give a certificate thereof, signed with his hand, to the recruit, specifying the cause thereof Offences connected XXXVIII. And be it enacted, that if any recruit shall receive the enlisting money from with enlistment. ^^^^ person employed in the recruiting service (knowing it to be such), and shall abscond or refuse to go before such justice, or shall thereafter absent liimself from the recruiting party or person with whom he enlisted, and shall not voluntarily return to go before some justice within such period of four days as aforesaid, such recruit shall be deemed to be enlisted and a soldier in her Majesty's service, as fully to all intents and purposes as if he had been duly attested, and may be apprehended and punished as a deserter, or for being absent without leave, under any Articles of War made for punishment of mutiny and desertion ; and such recruit shall not be discharged by any justice of the peace after the expiration of such four days as aforesaid, imless it shall be proved to the satisfaction of such justice that the true name and residence of the recruit were disclosed and known to the recruiting party, and that no notice was given to the recruit, or left at his usual place of abode, of his having so enlisted ; provided that in every case wherein any recruit shall have received enlisting money, and shall have absconded from the party, so that it shall not be possible immediately to apprehend and bring him before a justice, the officer or non-commissioned officer connnanding tlie party shall 3&4 Vic. Cap.C] 487 produce to the justice before whom the recruit ouglit regularly to have been brouglit for attestation a certificate of the name and place of residence of such recruit; and the justice to wliom such certificate shall be produced shall, after satisfving himself that tlie recruit who had absconded cannot be found and apprehended, transmit a duplicate tiiereof to her Majesty's Secretary at War, in order that, in the event of such recruit being afterwards apprehended and reported as a deserter, the facts of his having received enlisting money, and having absconded after having been enlisted, may be ascertained, before he be finally adjudged to be a deserter ; and any recruit who shall enlist into her Majesty's forces, and who shall be discovered to be incapable of active service by reason of any infirmity concealed or not declared by such recruit before the justice at the time of his attestation, may be transferred into anv garrison or veteran or invalid battalion or company, or into her Majesty's marine forces, notwitiistanding he shall have enlisted for any particular regiment, and shall be entitled to receive such proportion or residue of bounty only as her Majesty may allow in that behalf, instead of the bounty upon which such man shall have been enlisted, any thing in any Act or Acts, or any rules and regulations relating to soldiers, to the contrary notwith- standing; and it shall be lawful for any two justices before whom such recruit shall ba brought, and who shall be proved upon oath, before them, to Iiave conccaleil his having been a soldier and discliarged, or to have concealed his having been discharged upon any prior enlistment, or to have wilfully concealed any such infirmity u])on being attested, or to have designedly made any false representation as aforesaid, to adjudge sucli person to be a rogue and vagabond, and to sentence him to such punishment as by any law in force may be in- flicted upcm rogues and vagabonds and vagrants and incorrigible rogues; and any recruit who shall designedly make any false representation of any particular contained in the oaths and certificates in the schedule to this Act annexed, before the justice, at tlie time of his attestation, and shall obtain any enlisting money or bounty for entering into her Majesty's service or any other money, shall be deemed guilty of obtaining money under false pretences within the true intent and meaning, if in England, of an Act, intituled, "An Act for con- 7&8 G. 4sc. 29. solidating and amending tlie Laws in England relative to Larceny and other OfTencos connected therewith ;" and if in Ireland, of an Act passed in the ninth year of the reign of liis jMajesty King George tlie Fourth, intituled, "An Act for consolidating and amending 9 g. i, c. 55. the Laws in Lvland relative to Larceny and other Ofl'enccs connected therewith ;" and the production of such certificate, and jiroof of the handwriting of the justice giving sucli cer- tificate, shall be sufficient evidence of such party having represented the several particulars contained in the oath sworn by him, and specified in tlie certificate of tlie justice at the time of his being attested; and that proof by the oath of one or more credible witnesses that the person so prosecuted hath voluntarily acknowledged that at the time of his enlistment he be- longed to the militia, or to any regiment in her Majesty's service, or to her Majesty's ordnance, navy, or marines, shall be deemed and taken as evidence of the fact so by him acknowledged, without production of any roll or other document to prove the same; and such proof of such acknowledgment shall l)e certified to the Secretary at War by the justice before wliom such proof shall Jiave been given ; and any man having been em'olled to serve in the militia at the time of ofl'ering to enlist wiio shall lieny tliat he is a militia man then actually enrolled and engaged to serve, or shall di'iiy to tlie justice before whuin he shall he attested that he belongs to the militia, shall, on conviction thereof before any one justice in the Uniteil Kingdom, either upon oath of one witness or upon his own loiHession, or upon the production of the attestation, and the before-mentioned aeknowledgnient of suili person certified by the Secretary at Wai- or lleputv Secretary at War, be lonimitteil to tlie coniiuoii gaol or house of correction, there to remain without bail or mainpri/e for and during any 488 [3 & 4 Vic. Cop. 6. time not exceeding six calendar months, over and above any penalty or punishment to which such person so offending may be otlierwise liable, and shall from the day on whicli his engagement to serve in the militia shall end, and not sooner, belong as a soldier to the corps of her Majesty's regular forces, or of the East-India Company's forces, into which he shall have so enlisted ; provided that every such person shall be liable to serve within the United Kingdom of Great Britain and Ireland, in any regiment, battalion, or corps of her Majesty's regular forces, or of the East-India Company's forces, in which he has so enlisted, during all the time the militia to which he shall belong shall remain disembodied, or shall not be called out for training or exercise, and shall during all such time be subject to all the provi- sions of this Act, and liable to be apprehended and dealt with and punished as a deserter from the corps in which he shall have so enlisted, if he shall neglect or refuse to join and serve in such corps as aforesaid. Penalty on officers XXXIX. And be it enacted, that every military officer who shall act contrary to the offeniiing agiiinst laws pi-Qvisjc^g of {^ig Act in any respect regarding the enlisting and attesting of recruits of Iier IVIajesty's service, or for the service of the East-India Company, sliall, upon proof thereof upon oath by two witnesses before a general Court-martial, be cashiered, and disabled to hold any civil or military office or employment in her Majesty's service. .Apprentice enlisting XLII. And be it enacted, that any person duly boimd as an apprentice, who shall enlist lfte?tlie"'ex1ir!uioi7o't- ''* ^ soldier in her IMajesty's or tlie East-India Company's service, and shall state to the his apprenticeship. magistrate before whom he shall be carried and attested that he is not an apprentice, shall be deemed guilty of obtaining money under false pretences within the true intent and meaning of the before-recited Acts, and shall, after the expiration of his apprenticeship, whetlier he shall have been so convicted and punished or not, be liable to serve as a soldier in any of her Majesty's regular forces, oj-in the forces of the East-India Company, according to the terms of the enlistment ; and if on the expiration of big apprenticeship he shall not deliver himself up to some officer authorized to receive recruits, may be taken as a deserter from her IMajesty's forces. Claims of mastersto XLIII. And be it enacted, that no master shall be entitled to claim an apprentice who ,)pien ices. shall enlist as a soldier in her Majesty's or the East-India Company's service, unless he shall, witliin one calendar month after such apprentice shall have left his service, go before some jus- tice, and take the oath mentioned in the schedule of this Act annexed, and produce the certi- ficate of such justice of his having taken such oath, which certificate such justice is required to give in the form in the schedule to this Act annexed ; and unless such apprentice shall have been bound, if in England, for the full term of seven years, not having been above the age of fourteen when so l)ound, and, if in Ireland or in the British Isles, for the full term of five years at tlie least, not having been above the age of sixteen when so bound, and, if in Scot- land, for the full term at least of four years, by a regular contract or indenture of appren- ticeship, duly extended, signed, and tested, and binding on both parties by the law of Scot- land, prior to the period of enlistment, and unless such contract or indenture in Scotland shall, within three months after the commencement of the apprenticeship, and before the period of enlistment, have been produced to a justice of the peace of the county in Scotland wherein the parties reside, and there shall have been indorsed thereon by such justice a certificate or declaration signed by him, specifying the date when and the person by whom such contract or indenture shall have been so produced, which certificate or declaration such justice of tlie peace is hereby required to indorse and sign ; and unless such apprentice shall, when claimed bv such master, be under twenty-one years of age; provided that any master of an apprentice 3&4 Vic. Cap. G.] 489 indentured for the sea service sliall be entitled to claim and recover him in the form and man- ner above directed, notwitiistanding such apprentice may have been bound for a less term than seven, five, or four years, as aforesaid ; and any such master who shall give up the indentures of apprenticeship within one month after the enlisting of such apprentice, shall be entitled to re- ceive to his own use so much of the bounty payable to such recruit, after deducting tiierefrom two guineas to provide him with necessaries, as shall have not been paid to such recruit before notice g ven of his being an apprentice. XLI\'. And be it enacted, that no apprentice claimed by his master shall be taken from any Pimisliment of ap. corjis or recruiting jiarty, but under a warrant of a justice residing near and witliin whose juris- l""*'"'"''^'' pnhsting. diction such apprentice shall then happen to be, before whom he shall be carried, and such justice sliall iiiijuire into the matter upon oath, which oath he is hereby empowered to administer, and shall require the production and proof of the indenture, and that notice of the sail! warrant has been given to the commanding officer, and a copy thereof left with some officer or non-commissioned officer of the party, and that such person so enlisted declared that he was no apprentice ; and such justice, if required by such officer or non-commissioned officer, shall commit the offender to the conunon gaol of the said place, and shall keep the indenture to be produced when I'equired, and shall bind over such person as he may think proper to give evidence against the oH'ender, who shall be tried at the next or at the sessions immediately succeeding the next general or quarter sessions of the county, division, cr place, unless the Court shall on just cause put off the trial ; and the production of the indenture, with the certificate of the justices that the same was proved, shall be sufficient evidence of the said indenture; and every such offender, in Scotland, may be tried by the judge ordinary, in tlie county or stewartry, in such and the like manner as any ])erson may be tried in Scotland for any offence not inferring a capital punishment ; provided that any justice not required as aforesaid to commit such apprentice may deliver him to his master. LIT. And whereas by petition of right in the third year of King Charles the First it is How and where enacted and declared, that the people of the land are not by the laws to be burthened with the "oopsmaybebilletted. sojourning of soldiers against their wills; and by a clause in an Act of the Parliament of England, made in the thirty-first year of the reign of King Charles the Second, for grantino- a supply to his Majesty of two hundred and six thousand four hundred and sixty-two pounds seventeen shillings and three pence, for paying and disbanding the forces, it is declared and enacted, tliat no ollicer, civil or military, nor other person whosoever, should thenceforth presume to |)lace, (juarter, or billet any soldier upon any subject or inhai)itant of this realm, of any degree, (juality, or profession whatsoever, without his consent, anil that it shall be lawful for any subject or inhabitant to refuse to quarter any soldier, notwithstandino- any warrant or billetting whatsoever : and whereas by an Act passed in Ireland in flie sixtli year of the reign of Qiicen Anne, intituled, " An Act to ])revcnt the Disorders that may haji- 6 Amu-. (1.) pen by the marching of Soldiers, and providing Carriages for tlie Haggage of Soldiers on their March," it was enacted, that no officer, soldier, or trooper in the army, nor the servant of any oflicer, nor any attendant on the train of artillery, should at any time thereafter be allowed any quarters in any j)art of Ireland, save only during such time as he or they should be and remain in some seaport town in order to be transported, or during sucli lime as there shoidd be any conmiotion in any part of IrelantI, by reason of which enu rgeiuy the army should be connnandcd to march from any part of Ireland to another: but forasmuch as at this time, during the continuance of this Act, there is and mav be occasion for the marching and (juartering of regiments, troops, and companies in several j)arts of the Unilcii ^ It 490 [3&4 Vic. Cap.6. Kingdom of Great Britain and Ireland, be it enacted, that it shall be lawful for all con- stables of parishes and places, and other persons specified in this Act, in England and. Ireland, and they are hereby required, to billet the officers and soldiers in her Majesty's service, and persons receiving pay in her Majesty's army, and the horses belonging to her Majesty's cavalry, and also all staff and field officers' horses, and all bat and baggao-e horses belonging to any of her Majesty's other forces, when on actual service, not exceed- ing for each officer the number for which forage is or shall be allowed by her Majesty's regu- lations, in victualling houses and other liouses specified in this Act (taking care in Ireland not to billet less than two men in any one house, except only in case of billetting cavalry as specially provided) ; and that they shall be received by the occupiers of such houses in which tiiey are so allowed to be billetted, and be furnished by such victuallers with proper accommodation in such houses, or if any victualler shall not have sufficient ac- commodation in tlie house upon which a soldier is billetted, then in some good and sufficient quarters to be provided by such victualler in the immediate neighbourliood, and in England with diet and small beer, and with stables, hay, and straw for such horses as aforesaid, paying and allowing for the same the several rates hereinafter provided ; and at no time when troops are on a march shall any of theni, whether infcUitry or cavalry, be billetted above one mile from the place mentioned in the route ; and in all places where cavalry shall be billetted in pursuance of this Act, the men and their horses shall be billetted in one and the same house, except in case of necessity ; and in no otlier case whatsoever shall there be less than one man billeted where there shall be one or two horses, nor less than two men where there shall be four horses, and so in proportion for a greater number ; and in no case shall a man and his horse be billetted at a greater distance from each other than one hundred yards; and the constables are hereby required to billet all soldiers and their horses on their march in a just and equal proportion upon the keepers of all houses within one mile of the place men- tioned in the route, although some of such houses may be in the adjoining county, in like manner in every respect as if such houses were locally situate within such place ; jjrovided that nothing herein contidned shall be construed to extend to authorize any constable to billet soldiers out of the county to which such constable belongs, when the constable of the adjoin- ing county shall be present and undertake to billet the due proportion of men in such adjoining county ; and no more billets shall at any time be ordered than there ai-e effective soldiers and horses present to be billetted ; all w hich billets, when made out by such consta- bles, shall be delivered into the hands of the commanding officer present ; and if any person shall find himself aggrieved by having an undue proportion of soldiers billetted in his house, and shall prefer his complaint, if against a constable or other person not being a justice, to one or more justices, and if against a justice, then to two or more justices, within whose jurisdiction sucli soldiers are billetted, sucli justices respectively shall have power to order such of the soldiers to be removed, and to be billetted upon other persons, as they shall see cause ; and when any of her Majesty's cavalry or any horses as aforesaid shall be billetted ui:)on the occupiers of houses in which officers or soldiers may be quartered by virtue of this Act, «lio shall have no stables, then and in such case, upon the written requisition of the commanding officer of the regiment, troop, or detachment, the constable is hereby required to billet the men and their horses, or horses only, upon some other person or persons who have stables by this Act liable to have officers and soldiers billetted upon them ; and upon com- plaint being made by the person or persons to whose house or stables the said men and horses shall ha^■e been so removed to two or more justices within whose jurisdiction such men or horses shall be so billetted, it shall be lawful for such justices to order a proper allowance to be paid by the person relieved to the persons receiving such men and horses, or to be applied 3&4 Vic. Cap. 6.] 491 in furuishing the requisite accommodation ; and commanding officers may exchange any man or horse billetted in any place with another man or horse billetted in the same place, for the benefit of the service, provided the number of men and horses do not exceed the number at that time billetted on such houses; and the constables are hereby required to billet such men and horses so exchanged accordingly ; and it shall be lawful for any justice, at the request of any officer or non-conniiissioned officer commanding any soldiers requiring billets, to extend any routes or enlarge the districts witliiu wliich billets shall be required, in such manner as shall appear to be most convenient to the troops ; provided that, to prevent or punish all abuses in billetting soldiers, it shall be lawful for any justice witliin his jurisdiction, l)y ■warrant or order under his hand, to require any constable to give him an account in writing of tlie number of officers and soldiers who shall be quartered by such constable, together with tlie names of tlie persons upon whom such officers and soldiers are billetted, stating the street or place wliere such persons dwell, and the sign, if any, belonging to tliose liouses ; and it shall be lawful to billet officers and soldiers in Scotland according to the provisions of the laws in force in Scotland at the time of its unicm witli England ; and no officer shall be obliged to pay for his lodging where he shall be regularly billetted, except in the suburbs of Edinburgh. (1) (1) [By 50 Geo. 3, cap, 87, sec. 3, all the powers, authorities, pro- visions, &c., in any Act of Parliament in force for the time being, re- lating to the quartering, billetting, and provisioning of soldiers and officers of the Crown and to allowances in respect thereof, as well as to the providing of carriages for the use of such soldiers, are extended to soldiers enlisted for or transferred to the service of the Company.] LVII. And I)e it enacted, that for the regular provision of carriages for her Majesty''s Supply of carriages, forces, and their baggage in their mareiies, in England and Ireland, all justices of the j)eace within their several jurisdictions, being duly required thereunto by an order from her Majesty, or the General of her forces, or the Master-general or Lieutenant-general of her Majesty's ordnance, or other person duly authorized in that behalf, shall, on production of such order to such justices by some officer or non-commissioned officer of the regiment so ordered to march issue a warrant to any constable having authority to act in any place from, through, near, or to which the troop shall be ordered to marcli (for each of which wiuTants the fee of one shilling only shall be paid), requiring him to provide the carriages, horses, and oxen, and drivers therein-mentioned, and allowing sufficient time to do the same, specifying places from and to which the said carriages shall travel, and the distance between the places, for which dis- tance only so specified payment shall be demanded, and which distance shall not, except in cases of pressing emergency, exceed a day's march prescribed in the order of route, and shall in no cases exceed twenty -five miles; and the constables receiving such warrants shall order such persons as they shall tiiink y)roper, having carriages to furnish the re([uisite su|)])lv, who are hereby rccjuircd to furnisli the same accordingly ; and wlien suilicient carriages cannot I)e procured witiiin the pro])er jurisdiction, any justice of the next adjoining jurisdiction shall, by a like course of j)roceeding, supply the deficiency ; anil in order that the burtlien of pro- viding carriages may fall equally, and to ]iri'vcnt inconvenience arising from there being no justice near the place where troo|)s niav lie quartereil on tlie march, any justice residing nearest to such place may cause a list to be made out once in every year of all persons liable lo 3r2 recnutiii 492 [3 & 4 Vic. Cap. 6. furnish such caiTiages, and of the number and description of their said carriages (wliich list shall at all seasonable hours be open to the inspection of the said persons), and may by war- rant under his hand authorize the constable within his jurisdiction to give orders to provide carriages, without any special warrant for that purpose, which orders shall be valid in all re- spects ; and all orders for such carriages shall be made from such lists in regular rotation, as far as the same can be done. (1) (1) [See note on section 52.] Penalty on unlawful LX\'II. And be it enacted, that all the persons (except such recruiting parties as may be stationed under military connnand) who shall cause to be advertised, posted, or dispersed bills for the purpose of procuring recruits or substitutes for the line, embodied militia, or East- India Company's service, or shall open or keep any house, place of rendezvous, or office, or receive any person therein under such bill or advertisement, as connected with the recruiting- service, or shall directly or indirectly interfere therewith, without permission in writing from the Adjutant-general, or from the Directors of the East-India Company (as the case may be), shall forfeit for everv sucli offence the sum of twenty pounds. Duration of -Vet. LXXX. And be it enacted, that this Act shall be and continue in force within Great Britain from the twenty-fifth day of April, one thousand eight hundred and forty inclusive, until the twenty-fifth day of April, one thousand eight hundred and forty-one ; and shall be and continue in force within Ireland, and in Jersey, Guernsey, Alderney, Sark, and Isle of Man, and the Islands thereto belonging, from the first da\' of Jlay, one thousand eight hun- dred and forty inclusive, until the first day of May, one thousand eight hundred and forty- one ; and shall be and continue in force within the garrison of Gibraltar, the Mediterranean, and in Spain and Portugal, from the first day of August, one thousand eight hundred and forty inclusive, until the first day of August one thousand eight hundred and forty-one ; and shall be and contiime in force in all other parts of Europe where her ^lajesty's forces may be serving, and in the West-Indies and America, from tlie first day of September, one tliousand eight hundred and forty inclusive, to tlie first day of September, one thousand eight hundred and forty-one ; and sliall be and continue in force within the Cape of Good Hope, the Isle of France, or Mauritius and its dependencies, Saint Helena, and tlie Western Coast of Africa, from the first day of January, one thousand eight hundi-ed and forty-one inclusive, to the first day of January, one thousand eight hundred and forty-two ; and sliall be and continue in force in all other places from the first day of February, one thousand eigiit hundred and forty-two inclusive, to the first day of February, one thousand eight hundred and forty-three; provided that this Act shall, from and after tiie receipt and promulgation tliereof in general orders in any part of her ^Majesty's dominions beyond the seas, become and be in full force ; anything herein-before contained to the contrary notwithstanding. SCHEDULES to which tiiis Act refers. Question's to be put separately by the Justice to a Reckuit. Enlisthig for Unlimited Service. 1. AVhat is your name ? 2. In what parish, and in or near what town, and in what comity were you born ? 3&4 Vic. Cap. G.] 493 3. What is your age ? 4. What is your trade or calling ? 5. Are you an apprentic3 ? 6. Are you married ? 7. Are you ruptured or lame ; have you ever been subject to fits ; or have you any dis- ability or disorder which impedes the free use of your limbf, or unfits vou for ordinary labour ? 8. Are you willing to be attested to serve in the reo-iment of until you shall legally be discharged ? 9. On what (hiy and by whom were you enlisted ? 10. For what bounty did you enlist ? 11. Do you now belong to the militia ? 12. Do you belong to any other regiment, or to the marines, ordnance, or navy ? 13. Have you ever served in tlie army, marines, ordnance, or navy ? Note. — The Justice is directed, in putting the eleventh question to the recruit, and before he receives his answer, distinctly to apprise the recruit that if he l)elongs to the militia, and denies the fact, he is liable to six months'' imprisonment. Enlisting for cit/icr /ur AIqje.sti/s or t/ic Ea-'il-hidia Company's Servia: Question 8 is to be put by the Justice as follows : 8. Are you willing to be attested to serve in her Majesty's army, or in the forces of the East- India Company, according as her Majesty shall think (it to order, until you shall be diilv and legally discharged .'' E)iHsting for the Edst-India CovijHinifs Service. Question 8 to be put by the Justice as follows : ^. Are you willing to be attested to serve the East-India Company imlil you shall 1)l' legally discliarged .'' [Or if the recruit enlist for limited service, then insert for tlie period of twelve years, {if the person enlisting is of the age of eighteen gears or ■upwards ; hut if nndcr eighteen years, then the difference betweeji his age and eighteen to be added to such twelve years, as the case may he, and such period to he inserted instead of twelve years), provided the said Company sliould so long rt' cS: 3 Vic. cap. 21), for <,nvin<^ admittance, subject to certain conditions, to the Sugar of other British possessions in India in addition to that of Bengal, at the lower rale of duty, under whicli the Sugar of the territories of Fort Saint George is now admissible. Sec note (2) on section 1 of (i & 7 Wm. 4, ca)). 2(i. 3s 498 [3 & 4 Vic. Cap. 37. S S: 4 VICTORIJE. Cap. XXXVII. Ax Act to consolidate and amend the Lairs for punishing Mutiny and Desertion of O /peers and Soldiers in the Service of the East- India Company, and for provid- ing for the Observance of Discipline in the Indian Kavy, and to amend the Laws for regulating the Payment of Regimental Debts, and the DiMribution of the Effects of Officers and Soldiers dying in Service. [_4th August, 1 S40.] Whereas an Act was passed in the fourth year of the reign of his late ^Majesty King George 4 G. 4, c SI. the Fourth, intituled, " An Act to consolidate and amend the Laws for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the East-India Company, and to au- thorize Soldiers and Sailors in the East-Indies to send and receive letters at a reduced Rate of Postage,'" and it being requisite for the retaining of such forces in their duty, that an exact discipline be observed, and that soldiers who shall mutiny or stir up sedition, or shall desert the said Company's service, be brought to a more exemplary and speedy punishment than the usual forms of the law will allow ; be it therefore enacted by the Queen's most excellent Majesty, bv and with the advice and consent of the Lords spiritual and temporal, and Com- PnnUhmem for mn- mons, in this present Parhament assembled., and by the authority of the same, that if any tiny, desertioB, and di- pgrgon who is or shall be commissioDed or in pay as an officer, or who is or shall be listed or in TEis Other miluary ^^ - • j /»> u- • • • crimes. pay as a non-commissioned officer or soldier in the service of the said Companv, shall, at any time during the continuance of this Act, begin, excite, cause, or join in any mutiny or sedition in the land or marine forces of her Majesty or of the said Company, or shaU not use his utmost endea- vours to suppress the same, or coming to the knowledge of any mutiny or intended mutiny shall not, without delay, give information thereof to his commanding officer ; or shall cast away his arms or ammunition, or otherwise misbehave himself before the enemy ; or shall shamefully abandon or deliver up any garrison, fortress, post, or guard committed to his charge, or which he shall be commanded to defend ; or shall compel the governor or com- manding officer of any garrrison, fortress, or post to deliver up to the enemy or to abandon the same ; cjr shall speak words or use any other means to induce such governor or command- ing officer, or others, to misbehave towards the enemy, or shamefully to abandon or deliver up any garrison, fortress, post, or guard committed to their respective charge, which he or they shall be commanded to defend; or shall treacherously make known the watchword ; or shall intentionally occasion false alarms in action, camp, garrison, or quarters; or shall leave his post, for plunder or otherwise, before relieved, or shall be found sleeping on his post ; or shall hold correspondence with or give advice or inteUigence to any rebel or enemy of her Majesty or the said Company, either by letters, messages, signs, or tokens, in any manner or way whatsoever ; or shall knowingly harbour or protect such rebel or enemy, or shall treat or enter into any terms with such rebel or enemy, without the licence of the said Company or of the said Company's Governor-general in Council, or Governor in Council at an}- of their presidencies, or without the licence of the general or chief-commander; or who shall do violence to any per- son bringing provisions or other necessaries to the quarters of the forces ; or shall force a safe- guard ; or shall strike or shall use or offer any \-iolence against his superior officer, being in the execution of his office; or shall disobey any lawful command of his superior officer ; or shall desert the said Company's service ; and all and every person and persons so offending in any of the matters before-mentioned, whether such offence shall be committed within the dominions of 3 &4 Vic. Cap. 37.] 499 lier Majesty or the possessions or territories which are or may be under the government of the said Company, or in foreign parts, upon land or upon the sea, within or without the limits of the Charter of the said United Company, shall suffer death, transportation, or such other punishment as by a Court-martial shall be awarded. II. And be it enacted, that the general or other officer commanding in chief the forces of Power to appoint or belonging to the presidencies of Fort William, Fort Saint George, and Bombay respec- £y^»-here be^nd 120 tivelv for the time being may appoint general Courts-martial, and issue his warrant to anv ™''es from tiie presi- general or other officer not below the degree of a field officer, having the command of a bodv jiam Fort St. Georr^ of troops of her Maicstv, or of the said Company, empowering them respectively to appoint ^'^ Bombay, except ' • 1 ■ • • " > 1 1 1 • I • 1 . . Prince of Wales' Is- general Courts-martial, as occasion may require, to be holden withm the territories of any land, Singapore, and foreign state, or in any country under the protix-tion of her ^lajesty or the said Company, or ^|*^^-*^ '"^ 'j^ ^^ at anv place (other than Prince of Wales* Island, Singapore, and Malacca.) in the territories under the government of the said Company, and situated above one hundred and twenty miles from the said presidencies respectively, for the trial of any person under his command, accused of having committed wilful murder or any ether capital crime, or of having used violence or committed any offence against the person or property of any subject of her Majesty, or any other person entitled to her Majesty's protection, to the protection of the resf>cctive governments of the East-India Company, or of any state in alliance with the said Company, witliin the territories of anv foreign state, or in any country under the protec- tion of her Majesty or the said Company, or at any place, other than Prince of Wales" Island, Singapore, or ilalacca, in the territories under the government of the said Company, situated above one hundred and twenty uiUes from the said presidencies respectively ; and the persons accused, if found guilty, shall suffer death, or be Liable to transportation for life or for a term of years, or to such other punishment, accnjrding to the nature ;md degree of the respective ofl'ences, as by such sentence of any such general Court-martial shall be awarded : provided always, that any person so tried skallnot be liable to be tried for the same offence by any other Court whatsoever. III. And be it enacted, that in every case wherein a sentence of death or transportation Sentences of death shall be pronouncetl, or a sentence of death shall be commuted to transportation, for any such "J b^"*'v^nf" ""' capital offence committetl at any place situatetl above one hundred and twenty miles from the cution till rounnned presidencies of Fort William, Fort Saint George, and Bombay respectively, and being within nLidin; ?n chief, wUh the territories under the i;overnment of the said Company, such sentence, whether original, the concurrence of the , 1 1 'ii 1 • 1 • • ■ -1 !• J 1 1 ^1 govenior of the presi- revisetl, or commiUed, sliall not be carried into execution until confirmetl by the general or dency. other officer commaniling-in-chief at the presidency, with the concurrence of the Governor- general in Council, or Governor in Council of the presidency in the territories subordinate to which the offender shall have been tried, ;ilthou'rh such offender may belong to the forces of another presidency : provided always, that such sentence shall have been regularly reported to and approved and confinneil by the general or other officer commanding-in-chief the forces of the presidency to whicii sucli offender sluUl lielong, and by whom or under wliose aiitluM-itv the Court-martial by which such offender shall have been tried was appointetl. IV. And be it enacted, that if any person liable to be trietl by a Court-martial for any Such offenders, if such offence alleged to have been committetl within the territories of any foreign state, or in a.pr'^''«"">'*«.' . ^'X the =" _ _ . C5 ' ci»il .lutlinntics, to be any c»iuntry uniler the protection of her Majesty or the s;»id Conijxtnv, or at any plaiv (other doli»-eroectively, and for whicli no proceetling 8 s 2 SCO [3 & 4 Vic. Cap. 37, shall have been commenced in any Court of competent jurisdiction, shall be apprehended by the authority of or brought before any magistrate for any such offence, such magistrate shall deliver over such accused person to the commanding officer of the I'eginient, corps, or detach- ment to whicli such accused person shall belong, or to the commanding officer of the nearest military station, for the purpose of his being tried by a Court-martial for such offence as here- in-before is provided in that behalf. The ordinary course V. And be it enacted, that nothing in tliis Act contained shall be construed to exempt any fcred wm' '" '"""" officer or soldier from being proceeded against by the ordinary course of law ; and any com- manding officer who shall wilfully neglect or refuse, when application is made to him for that purpose, to deliver over to the civil magistrate any officer or soldier accused of any capital crime, or of any violence or offence against the person, estate, or property of any of her JNIajesty's sub- jects, or any other person entitled to her Majesty's protection, or to the protection of the respec- tive governments of the East-India Company, or of any state in alliance with the said Com- pany, which is punishable by the ordinary course of law, or shall williilly neglect or refuse to assist the officers of justice in apprehending such offender, shall, upon conviction thereof in any prosecution in any of her Majesty's Courts of Record in India, be deemed to be ipso facto cashiered, and shall be utterly disabled to have or hold any civil or military office or employ- ment in tlie said Company's service in the East-Indies : and a copy of the record of such con- viction, subscribed and attested by the clerk of tlie crown or other proper officer of the Court in which sucli conviction shall take place, shall, witliin two montlis from the time of sucli condition, be transmitted to tlie Judge Advocate General of the army to which such offender shall belong; provided that nothing herein contained shall extend to require the delivery- over to the civil magistrate of any sucli person accused of any oU'ence who shall have been tried for such offence by any Court-martial in manner herein-before provided in respect of offences committed within the territories of any foreign state, or in any country under the protection of her Majesty or tlie said Company, or at any place in or out of the territories of the said Company situate above one hundred and twenty miles from the said presidencies of Fort William, Fort Saint George, and Bombay respectively, or against whom any effectual proceeding shall have been taken or ordered to be taken, for the purpose of bringing such Alter trial by the person to trial by such Court-martial as aforesaid ; provided also, tliat no person or persons, civil power, no other being acquitted or convicted of any capital crime, violence, or offence, by the civil magistrate piiiiishmeiit than ca- , ,. „ . i ■,,,,.",, i • i i i /•. , ,-"i ;> i ^ ■ sjiiering. or the verdict of a jury, shall be liable to be punished by a Court-martial for the same other- wise than by cashiering. No soldier liable to VI. And be it enacted, that no person wliatever enlisted into the Company's service as a arrest for debt, unless sylflier shall be liable to be arrested or taken therefrom, by any process or execution whatever, amounting to300t'om- , , „ • • i -i «> i • /<• i • i /• i n i i panys rupees, other than for some criminal matter, unless an affidavit (tor which no tee shall be taken) shall be made by the plaintiff, or some one on his belialf, before a judge of tlie Court out of which such process or execution shall issue, or before some person authorized to take affidavits in such Court, of which affidavit a memorandum shall, without fee, be endorsed upon the back of such process, that the original debt for which the action has been brought or execution sued out amounts to the value of three hundred Conipany''s rupees at the least, over and above all costs of suit in the action or actions on which the same shall be grounded ; and any judge of such Court may examine into any complaint thereof made by a soldier or by his superior officer, and by warrant under his hand discharge such soldier without fee, he being shown to be duly enlisted, and to have been arrested contrary to the intent of this Act, and shall award reasonable costs to such complainant, who shall liave for the recovery thereof the like remedy 3& 1 Vic. Cap. 37.] 501 tlial tliu person who takes out the suiil execution might iiave ]i;ul for iiis costs, or tiio plaintiff in the like action might have liail for the recovery of his costs, in case judgment Iiad been given for him witli costs, against tlie defendant in tlie said action ; provided that anv ])hiin- riiiimitT may uiiter tiff, upon notice of tlie cause of action first given in writing or left at such soldier's last » common appearance, quarters, may file a common appearance, in any action to be brought for or upon account of any debt whatsoever, and proceed therein to judgment according to the course of the Court, and have execution other tlian against the body. VII. And be it enacted, that it shall be lawful for her IVIajesty to make articles of war for The Qneen may the better government of the said Company's Forces, which articles of war shall be judicially JI]''„'?i,*Ji'i"',^n "conr't's taken notice of by all judges and in all Courts whatsoever ; and copies of the same, printed by \li»ll take judicial no- the Queen's printer, shall, as soon as conveniently may be after the same shall have been transmitted to iuilgcs made and established by her IVIajesty, be transmitted by her Majesty's Secretary at War, '""^ governors, signed with his own hand and name, to the judges of her jMajesty's superior Courts at West- minster, Dublin, Edinburgh, and in India respectively, and also to the Governors of her Ma- jesty's dominions abroad, and the territories within the limits of the Charter of the said Com- pany ; provided that no person shall by such articles of war be subject to any punisinnent extending to life or limb or transportation within the dominions of her Majestv, or the j)os- sessions or territories which are or may be under the government of the said Company, for any crime committed within one hundred and twenty miles distance from either of the presi- dencies of Fort William, Fort Saint George, or Bombay, which is not expressed to be so punishable by this Act ; provided also, that nothing in this Act contained shall in any maimer impeacii or affect any articles of war, or any matters enacted or in force, or wliich hereafter may be enacted by the Government of India, respecting officers or soldiers being natives of the East-Indies, or other places within tlie limits of the said Company's Charter, and to whom the present Act is declared not to be applicable. (1) (1) [Vide 53 Geo. 3, cap. 155, sees. 96 & 97, and 3 & 4 Wni. 4, cap. 85, sec. 73.] VIII. And be it enacted, that on the trial of all offences committed by any native officer or ... . , .. ... ■ ■ Inalot native ofh- soldior, or follower, reference shall be had to tlie articles of war, franu'd by the Government cur or soldier. of India for such native officers, soldiers, or followers, and to the established usages of the service. (1) (1) [ Jldc note on section 7.] IX. And be it enacted, that her Majesty may from timi> to time grant a commission or The Qneenmay an- warrant under her royal sign manual imto the Court of Directors of the said ConiDanv. who. ''""""' ''"' ^""" "' ,.,.,.? , ,, , , , 1 ." ' Uireitoisol the Kast- by virtue oi sucli commission or warrant, shall have power under the seal of the said Companv India Cumpimy to cm- to authoriz.' and empower their Governor-general in Council and flovernor in Coimcil fortliV 1'",",^',',^, ,',','!;' l',',','i'""|^."'. time being at tlie presideiuiesof Fort A\'illiani, l''orl Saint (Jeorgr, and ISouibav respectively, <^" nnidin^' lield olli- !• .- ..• , •,/', ,•! 1 1- I 'i 1 oers to aiiiKiint (*onrtb- Ironi time to tmie to a])poliit I ouits-m.irtiai, and to .lUthdri/r ,iiui impowrr the general or niarlial. other odicer coiimianding ,iiiy body of the forces inipioyed in tht' said Coiiipanv's si'rvice to appoint general (Courts-martial, as well as to authori/e any olllcer under their respective com- mands, not below the degree of a field officer, to convene general Courts-martial, as occasion may retpiire, for the trial of offences committed bv any of their forces under their several com- mands, whether the same shall have been so committed before or after such ofliccr shall have 502 [3 & 4 Vic. Cap. 37. taken upon himself such command, all which Courts-martial shall be constituted and shall re- gulate their proceedings according to the several provisions herein-after specified ; provided that, whenever any of her IMajesty's forces shall be employed to act under the authority of any of the said Company''s presidencies in the East-Indies, the power of appointing Courts-martial, or authorizing the appointment of Courts-martial, for the trial of any officer or soldier of the said Company of or belonging to such presidencies, shall be in the officer for the time being commanding in chief at such presidency. The Queen may au- X. And be it enacted, that for bringing to justice offenders against such articles of war as of°CoM's!m™rtia^"'for "^'ij ^^ framed by her INIajesty as herein-before provided, it shall be lawful for her ]\Iajesty to trying offences against grant her commission or warrant to the persons and in the manner herein mentioned and ex- pressed for convening, and authorizing any officer under their respective commands not below the degeee of a field officer to convene Courts-martial, as well in the possessions or territories which are or may be under the government of the Company, as elsewhere, where the troops of the Company are or may be employed, as occasion may require, for the trial of offences committed by any of the forces under their several commands, whether the same shall have been committed before or after such officer shall have taken upon himself such command. Offenders may be XI. And be it enacted, that any person subject to the provisions of this Act who shall, in pb'ifes'otLrtlianwhere -i"y P^''^ of 'ler Majesty's dominions, or the possessions or territories under the government of the offences have been tj^g East-India Company, or elsewhere, commit any offence for which he may be liable to be tried by Court-martial by virtue of this Act, may be tried and punished for the same in any part of her Majesty's dominions, or the possessions or territories which are or may be under the government of the said Company, or elsewhere where he may have come after the commis- sion of the offence, in the same manner as if the offence had been committed where such trial shall take place. Composition and XII. And be it enacted, that all general Courts-martial held under the authority of this constitution of general ^ ^]^n\\ consist of not less than thirteen commissioned officers, except the same shall be holden Courts-mai'tiai. ^ ^ ^ .... in any place out of her Majesty's dominions, or of the possessions or territories which are or may be under the government of the said Company, or at Prince of Wales' Island, Singapore, or Malacca, at which places such general Court-martial may consist of any number not less than five; and no judgment of death shall pass without the concurrence of two-thirds at least of the officers present ; and the president shall in no case be the officer commanding in chief or Governor of the garrison where the offender shall be tried, nor under the degree of a field officer, unless where a field officer cannot be had, nor in any case whatsoever under the degree of a captain. Powers of general XIII. And be it enacted, that a general Court-martial may sentence any soldier to impri- Courts-mavtial. sonment, -with or without hard labour, in any public prison or other place which the Court or the officer commanding the regiment or corps to which the offender belongs or is attached shall appoint, and may also direct that such offender shall be kept in solitary confinement for any portion or portions of sucli imprisonment, not exceeding one month at a time, or three n:o:iths at different times, with intervals of not less than one month between such times in one year of such imprisonment with hard labour, or may sentence any soldier to cor- poral punishment, not extending to life or limb, for immorality, misbehaviour, or neglect of duty; and a general Court-martial may, in addition to any such pimishment as aforesaid, sentence any offender to forfeiture of all advantage as to additional pay and pension on dis- charge ; and whensoever any Court-martial by which any soldier shall have been tried and convicted of any offence punishable with death shall not think tlie offence deserving of capital 3& 4 Vic. Cap. 37.] 503 punishment, sucli Court-martial may, instead of awardinj^ a corporal punishment or imprison- ment, adjudge the offender, according to the degree of the offence, to be transported as a felon for life or for a certain term of years, or may sentence him to general service as a soldier in any corps of the said Company's forces, and in any country or place (such country or place being within the limits of the said Company's Charter, and under the said Company's Go- vernment,) which the officer commanding in chief at the presidency to which the offender belongs shall tiiereupon direct, or may, if such offender shall have enlisted for a limited number of years, sentence him to serve for life as a soldier in any corps of the said Company's forces which such officer commanding in chief shall direct ; and tlie Court may, in addition to any other punishment, sentence such offender to forfeit all advantage as to increase of pay or as to pension on discharge which might otherwise have accrued to such offender ; provided that in all cases where a capital punishment shall have been awarded by a general Court-martial it shalh be lawful for the officer commanding in chief tlie forces of the presidency to which the offender shall belong, instead of causing such sentence to be carried into execution, to order the offender to be transported as a felon, either for life or for a certain term of years, as shall seem meet to the officer commandino; as aforesaid. o XIV. And belt enacted, that her Majesty may, by any order or orders, to be by her from Tlie Queen empow- time to time made, with the advice of her Privy Council, appoint, or by any such order or amhorize''The' 'indian orders in Council authorize the Governor-general of India in Council, and the Governors in Government to appoint Council of Fort Saint George and Bombay respectively, to appoint any jilace or places beyond fion*^' ° ranspora- the seas witliin her Majesty's dominions to whicli felons and other offenders may be conveyed ; and that when such offenders shall be about to be transported from any of the said presiden- Indian Governments cies to such place of transportation, the Governor of such presidency shall give orders for his [^ansoortat^o""^""^ "^ intermediate custody and removal to the ship to be employed for his transportation, and shall empower some person to make a contract for tlie effectual transportation of the offender to the place so appointed, and shall direct security to be given for such transportation. XV. And be it enacted, that so soon as such offender shall be delivered to the Governor of Transports to be tlie colony, or other person or persons to wliom the contractor or other person appointed for ^"^v■'/'■'f"'tl""^ ?°!?"^f that purpose as aforesaid shall be so directed to deliver him, every such person shall, within tiansportation. the place or places to wiiich, under or in pursuance of any such order or orders in Council, they siiall l)e sent or transported, be subject and liable to all such and the same laws, rules and re- gulations as are or shall be in force in any such place or places witli resjiect to convicts trans- ported from Great Britain. X\ I. And be it enacted, tiiat every paymaster or other commissioned officer, or any person Trial and punisli- cmployed in the ordnance or connnissariat department, or in anv manner in the care or distri- "'tntiorenibezzienient , . • „ .... 11,' and sunilaroffencts. hution ot any money, provisions, forage, or stores, wjio.sliall embezzle or fraudulently misap- ply, or be concerned in or connive at the embezzlement or frauiiuient misapplication, or damage of any money, provisions, forage, clothing, ammunition, or other niilitary stores, be- longing to her Majesty's forces, or for her use, or belonging to the East-India Company, or for their use, may be tried for the same by a general Coiut-martial, which may adjudge any such offender to be transported a.s a felon for life, or for any certain term of years, or to suH'er such punishment trfj/ine, imj)risonnient, dismissal from tlie said Company's service, and inca- jiacity of serving the East-India Company in any office, civil or military, as such Com-t shall think (it, according to tlie nature and degree of tlii' offence ; and every such ofloiuier shall, in addition to any other punishment, make good at his own expense the loss and damage sustained, which shall have been ascertained by such Court-martial ; and the loss and damage 504 [3&4 Vic. Cap. 37. so ascertained as aforesaid shall be a debt to her Majesty or the East-India Company, as the case may be, and may be recovered accordingly. Composition and XVII. And be it enacted, that a district or garrison Court-martial shall consist of not less garrison ° Comt^s'-mar^ '-'''^" five commissioned officers, and may sentence any soldier to any imprisonment, with or '■*•• without hard labour, in any public prison or oilier place which such Court or the officer com- manding the regiment or corps to which the offender belongs or is attached shall appoint, and may also direct that sucli offender shall be kept in solitary confinement for any portion or por- tions of such imprisonment, not exceeding one month at a time, or three months at different times with intervals of not less than one month between such times in one year, of such impri- sonment with hard labour, or may sentence any soldier to corporal punishment, not extending to life or limb, for immorality, misbehaviour, or neglect of duty ; and such Court may, in addition to either of the said punishments, sentence a soldier to forfeiture of all advantage as to additional pay, and to pension on discharge, for disgraceful conduct. In wilfully maiming or injuring himself, or any other soldier, at the instance of such sol- dier, with intent to render iiimself or such soldier unfit for service: In tampering with his eves: In malingering, feigning disease, absenting himself from hospital whilst under medical care, or other gross violation of the rules of any hospital, thereby wilfully producing or aggra- vating disease or infirmity, or wilfully delaying his cure: In purloining or selling stores, the property of the Crown or of the East-India Company: In stealing any money or goods, the property of a comrade, or of any military or regi- mental mess : In jH'oducing false or fraudulent accounts or returns: In embezzling or fraudulently misapplying money intrusted to him, belonging either to the Crown or the East-India Company : Or in committing any ])etty offence of a felonious or fraudulent nature, to the injury of or with intent to injure any person, civil or military : Or for any other disgraceful conduct, being of a cruel, indecent, or unnatural kind : And such offender may be further put under stoppages, not exceeding two-thirds of his daily pay, until the amount be made good of any loss or damage arising out of his misconduct ; and if any soldier shall be convicted of any such disgraceful conduct, and shall be sentenced to forfeiture of his claim to pension, the Court may further recommend him to be discharged with ignominy from the service ; and any such Court shall deprive a soldier, if convicted of a charge of habitual drunkenness, of his liquor when issued in kind, or of his allowance in lieu of beer or liquor, or of such proportion thereof, or of such portion of his additional or regular pay, for such period, not exceeding two years, as may accord with lier Majesty's articles of war for the Company's troops, subject to restoration on subsequent good conduct ; and in addition to any such punishment, the Court may, if it shall think fit, sentence such offender Sentences to be con- t*^ imprisonment or to corporal punishment ; provided that in all the foregoing cases the sen- fi''""^''' tences of a district or garrison Court-martial shall be confirmed by the general officer, governor, President. or senior officer in connnand of the district, garrison, or island ; and the president of every Court-martial, other than a general Court-martial, not being under the rank of captain, shall be appointed by the officer convening such Court-martial ; provided that such Court-martial shall not have power to pass any sentence of death or transportation. Certain ofifences may XVIII. And be it enacted, that in cases of mutiny and gross insubordination, or any by regimental' Courts, offences committed on the line of march, the offence may be tried by a regimental Court- martial. 3& 4 Vic. Cap. 37.] 505 martial, and the sentence confiniicd and carried into execution on the spot hy the officer in the immediate command of tlie troops, provided that the sentence shall not exceed that which a regimental Court-martial is competent to award ; and a regimental Court-martial may try any soldier for habitual drunkenness, and may sentence any soldier to im])risonmcnt, with or with- out hard labour, for any period not exceeding forty days, and to solitary confinement for any period not exceeding twenty days ; and whenever any such Court-martial shall sentence any soldier to imprisonment as aforesaid it may (if it shall think fit) direct that he be kept in solitary confinement for a certain portion or portions of the period of sucii imprisonment ; provided always, that when such Court shall direct the imprisonment to be ])art solitary and Regulations as to im- part otherwise, the whole period of such imprisonment, including the solitary part thereof, p[,'ni's'i,1Iu",t "'awarded shall not exceed twenty days, and shall be divided into jieriods not exceeding ten days each ; ^Y rt;t,'iniental Courts- and a regimental Com-t-martial may sentence any soldier for being drunk when on or for duty or parade, or on the line of march, to be deprived of a penny a day of his pay for any period not exceeding thirty days, in addition to any other punishment which such Court may award ; and any such Court shall deprive a soldiei', if convicted of a charge of habitual drunkenness, of his liquor, when issued in kind, or of his allowance in lieu of beer or liquor, or of such pro- portion thereof, or of such portion of his additional or regular pay for such period, not exceed- ing six months, as may accord with iier iMajestv's Articles of War for the Company's trooj)s, subject to restoration on subsequent good conduct. XIX. And be it enacted, tiiat every soldier who shall be found guilty of de.-.ertion l)y a Additional punish- general or district or garrison Court-martial, where such findings shall be duly approved, or "^'^ *' of felony in any Court of civil judicatin-e, shall thereupon forfeit all advantage as to additional pay, and to pension on discharge, in addition to any punishment which such Court may award ; and it shall be lawfid for any Court-martial empowered to try the crime of desertion, in addi- tion to any other punishment, to direct tiiat the offender be marked on the left side, two inches below the arm-pit, with the letter D., such letter not to be less than an inch long, and to be marked upon the skin witii some ink or gunpowder, or other preparation, so as to be visible and conspicuous, and not liable to be obliterated. XX. And be it enacted, that it shall be lawful for any oflicer commanding any district, or Orficers in commund any jxirtion of the said Company's troops which may at any time be serving in any place out f f™ops serving ^m of her Majesty's dominions, or of the possessions or territories wiiich are or may be under the in alliance with the government of the said Company, or of the territories of those states in alliance with the said ,^"y'"is"emhkTmuts- Company in which the said Company's forces are permanently stationed, iij)on complaint martial. made to him of any offence committed against the property or jierson of any inliabitant of or resident in any such countries, by any person serving with or belonging to the Company's army, being under the immediate conmiand of any such officer, to sumimm and cause to as- semble a Court-martial, wiiich shall consist of not less than three ofliccrs at the least, for the purpose of trying any sucli person, notwitiistanding any such oflicer siiall not have receivid any warrant empowering him to assemble Courts-martial ; and every such Court-martial sliall have the same powers in regard to sunnnoning and examining witnesses, trial of and sentence u])on any such offenders, as are granted by this Act to general Courts-martial ; provided lliat Suniiiue ui such no sentence of any such Court-m.ntial >ii.-.n be executed until the generMl coninianding-in- f""'"'" '-^ '•""'"''""'•'l- chief of the army to wiiich llie divisidn, brigade, (k-l;u Iiiir iil, or paily to which any person x) tried, convicted, and adjudgvil to culler puui^hninit >hail luioiii;, >liali liave aj.jirovLd and coiifirmed the same. 3t 506 [3 & 4 Vic. Cap. 37. How proceedings XXI. And be it enacted, that officers of her Majesty's land forces, and of the forces in cases oU-o^n™ict[on of ^^^ service of the East-India Company may, whenever it sliall be necessary, sit in conjunc- Queen's and Compa- tion on Courts-martial, which shall be regulated in like manner as if consisting wholly of iiy's officers on Courts- _, ,. i ■, , • , i i p i h j- n^ • ^i • i- .i ■ i ,-, martial. officers of her Majesty s land forces, or wliolly ot ofhcers m tlie service of the said Company ; except that upon the trial of any person in lier Majesty's land forces, the provisions of the Act which shall exist at the time for the punishment of mutiny and desertion in her Majesty's forces shall be ajiplicable ; and on the trial of any officer or soldier in the service of the said East-India Company, the provisions of this Act shall be applicable, notwitlistandingany officer in the actual service of the said Company may have a commission from her jMajesty or any of her royal predecessors. Courts-martial may XXII. And whereas it may sometimes happen that officers in the service of the said Com- be wholly composed of • i i i i i i i p z-i • i i • Queen's officers. pany cannot conveniently be had to compose the whole or part ot a Court-martial ; be it enacted, that any officer or soldier, or person subject to the provisions of this Act, may be tried by a general Court-martial composed of officers in her ]\Iajesty's service alone; pro- vided always, that the officer convening such Court-martial shall specify in his warrant that no officer in the service of the said Company could conveniently be had. Oaths or solemn de- XXIII. And be it enacted, that all general and other Courts-martial shall administer an nistered?^ ° e a mi- ^^^y^^ ^^.^ jj^ ^.^g^ q£ natives of India, an oatii or solemn declaration, as circumstances may re- quire, to every person wlio shall be examined before such Court in any matter relating to any proceedings before the same. Members of general XXIV. And be it enacted, that in all trials by general Courts-martial to be held by virtue ciXi'g Tidge''Ad°TO- °^ t'"^ -^^^ ^'^*^ President and every member assisting at such trial, before any proceedings be cate to take the oaths had thereon, shall take the oaths in the schedule to this Aet annexed, before the Judge Advo- duje "^ '^ ' cate or his deputy, or person officiating as such, and on trials by other Courts-martial before the President of such Court, who are hereby respectively authorized to administer the same, and any sworn member may administer the oath to the President ; and as soon as the said oaths shall have been administered to the respective members, the President of the Court shall administer to the Judge Advocate, or the person officiating as such, the oath in the schedule to this Act annexed ; and no proceeding or trial shall be had but between the hours appointed by the officer commanding where the Court-martial is held, except in cases which Protection to wit- require an immediate example : provided also, that every witness duly summoned or warned "^^*^'' to attend any Court-martial shall during his necessary attendance on such Court, and in going to and returning from the same, be privileged from arrest, and shall, if arrested in breach of such privilege, be discliarged by such Court-martial, or any Court of law, or Judge of any such Court, according as the case shall require, upon its being made appear to such Court-mar- tial, Court of law, or Judge, by affidavit in a summary way, that such witness was arrested in Witness not attend- going to or returning from or attending upon such Court-martial ; and that every witness so evidence liable to be ^^h' summoned or warned to attend as aforesaid who shall not attend on such Court, or who attached. attending shall refuse to give evidence, on oath or solemn declaration, or to answer all such questions as the Court may legally demand, shall be liable to be attached in the Courts of law, ujion comjilaint made, in like manner as if such witness had neglected to attend on any trial in any such Court. A second trial to be XXV. And be it enacted, that no officer or soldier, being acquitted or convicted of any had only on appeal „. iiii,.ii ■ -, i. i i i /~i i i-ipi.i from a regimental to a ottence, shall be liable to be tried a second time by the same or any other Court-martial tor the 3 cS: 4 Vic. Cap. 37.] 507 same offence, unless in tlie case of an appeal from a ref^iniental to a general Court-martial ; genfral Court-martial, and that no findino;, opinion, or sentence o-iven by any Court-martial, and sitrned by the '','"' "° '■'^^^'*''0" ""re '. .'^ J J ' n J tli^n once. President tiiereof, shall be liable to be revisetl more than once ; and no witness shall be ex- amined nor shall any additional evidence be received by tlie Court on such revision. XXVI. And be it enacted, that every Judge Advocate, or person officiating as such at a Original proceeJings, general Court-martial, shall transmit, with as much expedition as circumstances will admit, tmnsin^JtV,! *^ to '" the the original proceedings, and the sentence, finding, or opinion of" such Court-martial, to the Judge Aavoeatc-gene- Judge Advocate-general of the army in which such Court-martial shall be held, in whose wliiclisucli Court shall office they are to be carefully preserved ; and any person tried by a general Court-martial ^^ '""'''• or any person in his behalf, shall be entitled, on demand, to a copy of such sentence, fintiing, or opinion, and proceedings, (paying reasonably for the same,) whether such sentence shall be approved or not, at any time not sooner than three months if the trial took place on the continent of India, or six months if beyond seas; provided that such demand as aforesaid shall have been made within the space of three years from the date of tlie approval or other final decision upon the proceedings before such general Court-martial. XXVII. And be it enacted, tliat the Government of any of the said presidencies in India Indian Goveniments may suspend the proceedings of any Court-martial which may at any time be holden within |]|"^ suspend procced- such presidencies respectively. XXVIII. And be it enacted, that all crimes and offences which liave been committed Offences against for- against the said Act of the fourth vcar of the reign of iiis Maiesty King George the Fourth, •"7 ,^,'"''"y. •^'^' P."" o ./ o J J a a ' nisliable iis il coinmit- or against any of the Articles of War made and established by virtue of the .same, may, during ted against this Act, the continuance of this Act, be inquired of and punished in like manner as if tliey had been ccedin"s ewiiinued!! ' committed against this Act ; and every warrant for holding any Court-martial vmder the said Act of the fourth year of the reign of his Majesty King George the Fourth shiill remain in full force, notwithstanding the repeal of such Act, and all proceedings of any Court-martial upon any trial begun under the authority of such former Act shall not be discontinueil I)y the repeal of the same : provided always, that no person shall be liable to be trietl and piuiislied for Limitation as to trial any offence against the said Act or this Act, or the Articles of War made or to be made by ° ° ^'""''' virtue of the same Acts, or either of them, whicii shall appear to have been committed more than three years before the issuing of the commission or warrant for such trial, unless the person accu.sed, by reason of his having absented himself, or of some other manifest impedi- ment, shall not have been amenable to justice within that period, in which case such person shall be liable to be tried luider such conunission or warrant at any time not exceeding two years after the impediment shall have ceased ; or unless the conduct of the person accused shall have Ixien submitted to the consideration of tiie Court of Directors of the East-India Company by the Government of tlie presidency to uliicli such person sliall belong, in wliich ease such person shall be liable to be tried under such conunission or warrant at any tiinc not exceeding five years after his ofi'ence shall have been connuitted. XXIX. .And be it enacted, that every .soldier shall be liable to be tried and punished for nesertion shall be desertion from any corps into which he may have enlisted, or from her Majesty's service, IZdt? m,y 'Xcum! notwithstanding tiiat he may of right belong lo some corps fiom which he shall iiave origi- stances oi enlistment. nally deserted ; and if such person shall be claimed as a deserter by the corps to which he originally belonged, and be tried as a deserter tlierefrom, or shall be tried as a deserter from any other corjis into which he may liave enlisted, or if he shall be tried while actually serving in .some corps for desertion from any other corps, every desertion previous or subsequent to 3 xa >08 [3 & 4 Vic. Cap. 8^ Admissibility of evi- dence of former of- fences. that for wliicli lie sliall be under trial, as well as every previous conviction for any otiier offence, may be given in evidence against him ; and in like manner in the case of any soldier tried for any offence whatever, any previous convictions may be given in evidence against him ; provided that no such evidence shall in any case be received until after the prisoner shall have been found guilty of such offence, and then only for the purpose of affixing punishment ; and provided also, that after he shall so have been found guilty, and before such evidence shall be received, it shall be proved to the satisfaction of the Court that he had previously to his trial received notice of the intention to produce such evidence on the same ; and provided further, that tlie Court shall in no case award to him any greater or other punishment or punishments than may by this Act, and by the Articles of War to be framed by her Majesty by virtue of this Act, be awarded for the offence of which he shall have been found guilty. with accordingly. A person acknow- XXX. And be it enacted, that any person who shall voluntarily deliver himself up as a deserter to^bedeertfed '^^^''t^'' from any regiment or corps of the said Company's forces, or who, upon being ap- duly enlisted and dealt prehended for desertion or any other offence, shall, in the presence of the magistrate or of the commanding officer of the place, confess himself to be a deserter from any such regiment or corps, shall be deemed to have been duly enlisted and to be a soldier, and shall be liable to serve in any such corps of the said Company's forces as the commander of the forces of the said Company shall think fit to appoint, whether such person shall have been ever actually enlisted as a soldier or not. Punishment for in- ducinj; or assisting in desertion. XXXI. And l)e it enacted, that every person who shall directly or indirectly persuade any soldier to desert shall suffer such punishment by fine or imprisonment, or both, as the Court before which the conviction may take place shall adjudge ; and every person who shall assist any deserter, knowing him to be such, in deserting or in concealing himself, shall forfeit for every such offence the sum of eight himdred Company's ri'ipees, and be further liable to impri- sonment, not exceeding twelve months. Regulations for mus- ters and penalties on false musters. XXXII. And be it enacted, that musters shall be taken of every regiment, troop, or company in the said Company's service at such times as shall be appointed ; and no soldier shall be absent from such nmsters unless properly certified to be employed on some other duty, or to be sick, or in prison, or on furlough ; and every person who shall give or procure to be given any untrue certificate whereby to excuse any soldier for his absence from any muster or any other service which he ought to attend or perform, or shall make any false or untrue nnister of man or horse, or shall wittingly or willingly allow or sign the muster-roll wherein such false muster is contained, or any duplicate thereof, or who shall directly or in- directly take or cause to be taken any money or gratuity for mustering any soldiers, or for signing any nnister-roUs or duplicates thereof, or shall knowingly muster any jierson by a wrong name, upon proof thereof upon oath made by two witnesses before a general Court- martial, shall for such offence be forthwith cashiered, and shall be thereby utterly disabled to have or hokl any civil or military office or employment within the territories under the government of the East-India Company, or in her Majesty's service or the service of the said Company ; and if the person giving such untrue certificate shall not have any military connuission he shall forfeit for every such offence the sum of five hundred Company's rupees ; and any person who shall falsely be mustered or offer himself to be mustered, or lend or furnish any horse to be falsely mustered, shall, upon oath made by two witnesses before some magistrate residing near the place where such muster shall be made, forfeit the sum of two 3& 4 Vic. Cap. 37.] 509 liuncired Company's rupees; antl tlie informer, if lie belong to tlie Company's service, shall, if ba demand it, be forthwith dischargetl. XXXIII. And be it enacted, that any soldier who shall absent himself without leave, or Suspension and for- who shall desert, shall, on conviction by a general or other Court-martial, in addition to any ^^""'''^ "^ P^>- punishment awarded by such Court, forfeit his pay for the days on which he has so absented himself without leave, or on which he has been absent by such desertion ; and that no soldier shall be entitled to pay, or to reckon service, rewards, pay, or pension, when in confinement under any sentence of any Court, or during any absence from duty by commitment on a charge of any offence cognizable by a civil or criminal Court, or by reason of any arrest for debt, or as a prisoner of war, or while in confinement under any charge of which he shall after- wards be convicted ; and if any soldier shall absent himself without leave for any period not exceeding five days, and shall not account for the same to the satisfaction of the conmianding officer, it shall be lawful for the said conmianding officer (if he shall think fit) to order and direct that, in addition to such other punishment as he has authority to inflict, such soldier shall also suffer forfeiture of his pay for the day or days on which lie has so absented iiimself, and thereupon such pay shall be forfeited, and such soldier shall not be liable to be afterwards tried by a Court-martial for the said offence : provided always, that any soldier who shall be so ordered to forfeit his pay shall have a right to insist on being tried bv a Court-martial for his offence instead of submitting to such forfeiture; and provided also, that any soldier acquitted of any offence for which he had been committed shall, upon return to his duty in his cor|)s, be entitled to receive all arrears of pay growing due, and to reckon service during his absence or confinement ; and upon rejoining the service from being a prisoner of war due inquiry shall be made by a Court-martial, and if it shall be proved to the satisfaction of such Court that the said soldier was taken prisoner without wilful neglect of duty on his part, and that he hath not served with or under or in any manner aided the enemy, and that he hath returned as soon as possible to the service, he may thereupon be reconnnendcd by such Court to receive either the whole of sucli arrears of j)ay, or a proportion thereof, and to reckon service during his absence; provided also, that it sliall be lawful for the govern- ment under which any soldier is serving to order or withhold the payment of the whole or any part of the pay of any such soldier during the period of absence by any of the causes aforesaid. XXXIV. And be it enacted, that every soldier entitled to his discharge under any orders Soldiers entitled to or any regulations made by the said Company, or upon tlie expiration of any perioil for which d'^churgo may claim ■' " ■' 1 1, 1 • 1 1 1 /-. '" l"^ 8C"t liome, free he shall have engaged to serve, or under this Act, shall be entitled to lie sent to Great ofcxi)ense; Britain or Ireland free of expense, and be intitleil on his return to have and receive march- ing money from the place of his being landed to tlu- parish or place in which he shall have been originally enlisted, or at which he shall at the time of arrival in Great Britain or Inland decide to take uj) his residence, such place not being at a greater distance from tlie jilace of his landing than the j^lace of his original enlistment, such marching money being at the rate and reckoning per diem fixed for victualling soldiers in her Majesty's service on the march : but to bo sul>jece to . , , , , , , ,. -11 1 1 • • ' 1 • " !• 1 1.1 . "'is Act till tlieirarri- provKled always, that I'very such soldur entitled to atul clamnng Ins discharge, and to he sent ,.„] to (ireat Britain or Ireland, shall, initil his arrival and debarkation in Great Britain or Ire- land, be subject to the provisions of this Act, and the Articles of War framed, or to be framed by her Majesty for the better government of the ('oni|)any's forces. XXXV. And be it enacted, that no paymaster or other person shall receive any fees or No nnvmaster to re- make any deductions whatsoever out of the pay or allowances of any officer or soldier (without Ji*'Jg„B7ii'ejuct'ions out 510 [3&4 Vic. Cap. 37. of pay, or to detain his consent be obtained thereto), Other than the Usual deductions or siich other necessary deduc- tions as shall from time to time be required to be made according to the regulations of the ser- Funishment for so vice ; and every paymaster or other officer having received any officer's or soldier's pay and allowances, who shall unlawfully detain for the space of one month the same, or refuse to pay the same when it shall become due, according to the several rates established by the regula- tions of the service, shall, upon proof thereof before a Court-martial, be discharged from his employment, and shall forfeit eight hundred Company's rupees, and be liable to such fur- ther punishment as shall by the Court-martial be awarded, one moiety of such fine to be paid to the informer, and should such informer be a soldier he shall, if he demand it, be discharged Indian Governments from any further service ; provided that it shall be lawful for the Governor-general in withhold pay in cases Council, or tile Governor in Council, at the said presidencies respectively, to give orders for of absence without withholding tile pay of any officer or soldier for any period during which such officer or soldier shall be absent without leave. Penalties on persons XXXVI. And be it enacted, that any person who shall unlawfully have in his or her pos- purchasing "'miUtary session or keeping, or who shall knowingly detain, buy, exchange, or receive from any soldier stores, &c. or deserter, or any other person, on any pretence whatsoever, or shall solicit or entice any sol- dier, or shall be employed by any soldier knowing him to be such, to sell any arms, ammuni- tion, clothes, or military furniture, or any provisions, or any sheets or other articles used in bar- racks, provided under barrack regulations, or regimental necessaries, or any article of forage provided for any horses belonging to the service, or shall change the colour of any clothes as aforesaid, shall forfeit for every such offence any sum not exceeding forty Company's rupees, (one moiety to be paid to the informer,) together with treble value of all or any of the several articles of which such offi?nder shall so become possessed ; and if any credible person shall prove on oath or solemn declaration before a magistrate, or person exercising the like autho- rity, a reasonable cause to suspect that any person has in -his or her possession, or on his or her premises, any property of the description herein-before described, on or with respect to which any such offence shall have been committed, the magistrate or person exercising like authority may grant a warrant to search for such property as in case of stolen goods. Recruits concealing XXXVII. And be it enacted, that any person who shall enlist into the Company's forces, punis m e. ^^^^ ^^ j^^ shall be discovered to be incapable of active service by reason of any infirmity which shall have been concealed by such person, or not declared before the justice of the peace at the time of his attestation, and mentioned at the foot thereof, may be transferred into any garrison or veteran or invalid battalion, or into her Majesty's or Company's marine forces, notwithstanding he shall have been enlisted for any particular regiment, and shall be entitled to receive such portion or residue of bounty only as shall be allowed by the said Company by any regulation made in that behalf, in lieu and instead of the bounty upon which such man shall have been enlisted, any thing in any Act or Acts, or any rules or regulations relating to soldiers, to the contrai-y notwithstanding. After embarkation XXXVIII. And be it enacted, tliat all officers and soldiers who shall be enlisted in or subject to this Act. * transferred to the service of the said Company, and all officers in the said Company's service who may proceed in cliarge of or be appointed to do duty with such enlisted or transferred officers and soldiers, shall, from and after tlieir embarkation to go abroad to such place whereto tiiey shall be sent in the service of tlie said Company, be, during their passage, (1) subject to all the provisions and regulations of this Act, and to all such provisions and regiila- 3 &4Vic.Cap. 37.] 511 tions as officers and soldiers in tlie pay of the said Company shall from time to time be sub- ject to at tlie garrison or plaw to which such officers and soldiers shall be sent. (1) [r/(/t' note on sec. 32 of 3 & 4 Vic. cap. 6. J XXXIX. And forasmuch a.s it may ]iapp.>n that offences may be committed by the said Offences during pas- ofificers and men after their embarkation, and before their arrival at tlieir place of destination arrival, abroad, which nevertheless cannot be tried and punished during their passage in such manner as such offences ought to be tried and punished ; be it therefore enacted, that in every such case every such officer or soldier may and shall, after his arrival at his place of destination abroad, be tried and punished for every offence committed after his embarkation and before his arrival, in the same manner as he would have been liable to be tried and punished if such offence had been committed in any place where the offender would have been tried by any Court-martial held under the authority of this Act. XL. And be it enacted, that the provisions of this Act shall ap])ly to all officers and per- Divers persons, be- sons who are or shall be serving and hired to be employed, or who shall serve and be hired to ^jg^^ made'^^subiect'to be employed, in the artillery, and in the several trains of artillery, and all conductors of stores, this Act. and in the department of engineers, and all officers serving or who shall serve in the corps of engineers, and all officers and persons serving or who shall serve as military surveyors or drafts- men, or in the corps of saj)pers and miners or pioneers, and all persons who now are or shall be in the ordnance and commissariat department ; and all apothecaries, veterinary surgeons, medical storekeepers, hospital stewards, and others serving in the medical establishment of the army, licensed sutlers and followers, and all storekeepers and other civil officers employetl vmder the ordnance, shall be at all times subject to all the penalties and punishments men- tioned in this Act, and siiall in all respects whatsoever be holden to be within tlic intent and meaning of every j)art of this Act. XLI. And be it enacted, that all officers and soldiers of any troops, being mustered and in Officers and soldiers ,.,,,,, . , . . ,. ., . ^ . ■ , . , raised or serving in pay, wincli sliall be raised or servnig m any of tlie jiossessions or territories wlncli are or may friendly states subject be under the government of the said Company, or places which are or may be occupied by '° martial \a\\: persons subject to the government of the said Company, or by any forces of the said Company, under tlie command of any officer having a commission immediately from the government of any of the presidencies of tlie said Company, siiall be liable to martial law in like manner as the Company's other forces are. XLII. And be it enacted, that for the purposes of this Act, and of any Articles of War For the purposes of 1 1 11 ii ■ I r i-< ^ -iirMi- • n 1 ! 11 I i 1 1 tl'is Act the iiresiden- to lie made under tlie same, the presidency ot i'ort William m Uengal shall lie taken and p., ^f ].-„rt William to deemed to comprise under and witiiiii it all the territories which by law are divisable between comprise that oi Agra, the presidencies of Fort William in Jk'iigal and Agra respectively, antl shall for all the pur- poses as aforesaid be taken to be the presidency of Fort William in Bengal. XLTII. And whereas the said Company, for the safety aiul protection of the territories under tlieir government, in addition to their land forces, maintain a marine establishment, heretofore called " The Honibay IMarine," l)ut now called " The Indian Navy ;" and by an Act passed in the ninth year of the reign of King George the Fourth, intituled, " An Act to extend the Frovi- 9 G. t, c. 72. sions of tile East- India Mutiny Act to the IJombay Marine," reciting the said Act of the fourth year of King George the Fourtli, and that it was expedient that discipline should be enforced in 512 [3 & 4 Vic. Cap. 37. Governor-general of India in Council em- powered to make laws and regulations for se- curing discipline and punishing offences in the Indian navy, as fully as he may make otlier laws under .3 & i W. 4, c. 85. the said marine establishment in the manner provided by the said Act of the fourth year of King George the Fourth in respect to the other forces of the said Company, it is enacted, that the pro- visions of the said Act of tlie fourth year of King George the Fourth, and the rules and Articles of War made and to be made by virtue thereof, sliould extend and be applied to the service of " The Bombay Marine ;" and that all persons in the service of the said Company belonging to the said Bombay Marine who shoidd be commissioned or in pay as officers, or enlisted or in pay as non-conmiissioned officers or soldiers respectively, in the said Company's army, should be, to all intents and purposes, liable to the provisions of the said Act of the fourth year of his Majesty King George the Fourth, and to the same rules and Articles of War, and the same penalties, as the officers and soldiers of the said Company's other forces : and whereas it is ex- jiedient to provide other means for enforcing discipline in the said marine establishment called " Tlie Indian Navy ;" be it enacted, that for tlie retaining tlie forces of the said establishment in their duty, the Governor-general of India in Council shall have power to make Jaws and regulations for securing the observance of an exact discipline in the said service called " The Indian Navy ;" and for bringing to a more exemplary and speedy punishment than the usual forms of tlie law will allow all officers, engineers, soldiers, marines, seamen, and all others be- longing to the said marine establishment who shall mutiny or stir up sedition, or shall desert the said service, or sliall connnit any other offence which in its nature would be cognizable by Courts-martial under this Act, or which may be against good disi-ipline in naval service, in the same and as full and ample manner, to all intents and purposes, as by virtue of an Act passed in the session held in the third and fourth years of the reign of his late Majesty King William the Fourth, intituled, " An Act for effecting an Arrangement with the East-India Company, and for tlie better Government of his Majesty's Indian Terrritories till the thirtietli day of April one thousand eight hundred and fifty-four," the said Governor-general in Council now has power to make any laws and regulations whatsoever ; any tiling in the said last-mentioned Act, or any otlier Act or Acts, to the contrary notwithstanding. Court of Directors, under control, may dis- allow any such laws and regulations ; XLIV. Provided always, and be it enacted, that in case the Court of Directors of the East- India Company, under the control of the Board of Commissioners for the affairs of India, shall signify to the said Governor-general in Council their disallowance of any laws or regula- tions by the said Governor-general in Council made by virtue of this Act, then and in every such case, upon receipt bv the said Governor-general in Council of notice of such disallowance, the said Governoi--general in Council shall forthwith repeal all laws and regulations so dis- allowed. but until repealed they shall be in force. XLV. Provided also, and be it enacted, that all laws and regulations made as aforesaid, so long as they shall remain unrepealed, shall be of the same force and effect, within and throughout the said territories, as any Act of Parliament would or ought to be within the same territories, and shall be taken notice of by all Courts of justice whatsoever within the same territories in the same manner as any public Act of Parliament would and ought to be taken notice of; and it sliall not be necessary to register or publish in any Court of justice any laws or regulations made by the said Governor-general in Council. Ko law to be made XLVI. Provided also, and be it enacted, that it shall not be lawful for the said Governor- nTshment'of death e"- g^""^'"^! "^ Council, witliout the previous sanction of the said Court of Directors, to make any ropean born subjects, law or regulation whereby power shall be given to any Court, other than the Courts of justice established by the Charters of tlie Crown, to sentence to the punishment of death any of her Majesty's naiural-born subjects, born in Europe, or the children of such subjects. 3 &4 Vic. Cap. 37.] 513 XI.VII. Provided also, and be it enacted, that until the said Governor-ffcneral in Council l'"'! ="<=■' '»«* *"'^ . , i^i-jTi- 1 reeulatioiis made, tue shall have made laws and regulations for the good government ot the said Indian navy by provisions of this Act virtue of the powers by this Act for that purpose given, all the provisions of this Act, and \l^^^^^^^^^:'^^'' '° "" the rules and Articles of War to be made by virtue thereof, shall extend and be applied to the said marine establishment called " The Indian Navy ;" and that all persons in the service of the said Company belonging to the said Iiulian navy, who shall be commissioned or in pay as officers, or enlisted or in pay as non-commissioned officers or soldiers respectively, in the said Company's army, shall be, to all intents and ])urposes, liable to the provisions of this Act, and to the same rules and Articles of AVar, ami the same penalties, as the officers and soldiers of the said Company's other forces. XIAIII. And whereas by an Act passed in the sixth year of the reign of his Majesty 6G. 4, c. GI. King George the Fourth, intituled, " An Act to amend Two Acts ; of the Fifty-eighth Year of his late JNIajesty, for regulating the Payment of Regimental Debts, and the Distri- bution of the Effects of Officers and Soldiers dying in Service, and the Receipt of Sums due to Soldiers; and of the Fourth Year of his jjresent Majesty, for punishing ]Mutiny and Desertion of Officers and Soldiers in the Service of the East-India Company," provision is made for the care, application, and distribution of the effects and credits of officers and soldiers in the said Company's service ; and it is expedient to render such jjrovisions more effectual ; be it enacted, that it shall be lawful for all persons who maybe employed or rctjuireil, by or Persons employed under the authority of any Articles of War in force for the time bL-iii\vA\ arise Slilitnry secretary to as to whether any claiiii or deuiaiid uiadi' in relation to any officer or solilier is a regimental Irfi^,"/,,.,'!''"!.!,'*^"* ""^'^' debt or not, or whether such elurges or expi'iises attending or relating to the illni'ss or funeral of such ofiicer or soldier are )>ro|)er to l)e alloweil, such tjuestion shall be (Ueided and coi;- eludeil by the order or certificate of llie military secretary to the government of the prcsiilcncy 3 u 514 [3 & 4 Vic. Cap. 37. to which such officer or soldier shall have belonged ; and all such payments shall be good and valid in law ; and every person who shall make any such payment out of any such arrears of pay, effects, or proceeds as aforesaid under the provisions of this Act, or in pur- suance of any such order or certificate of such military secretary, or into whose hands any such money shall come, shall be and are hereby indemnified for and in respect of such pay- ments, and all other acts, matters, and things done in pursuance of tlie provisions of this Act, or of the order or certificate of the said military secretary, in relation to the distribution of such assets : anything in any Act or Acts, or law or laws, to the contrary notwithstanding. Regimental debts to be paiil without pro- bate or letters of ad- ministration, and the surplus only to be deenned the personal estate to be adminis- tered. Military secretary to administer such sur- plus when not exceed- ing 500 Company's ru- pees, without probate or administration, and duty free. L. And be it enacted, that all such regimental debts shall and may be paid without pro- bate of any will being obtained, or any letters of administration, or any confirmation of testament, or letters testamentary or dative, being taken out of any person ; and the surplus only of such arrears of pay or allowances, prize or bounty-money, equipage, goods, and chattels, or the proceeds thereof, sliall be deemed the personal estate of tlie deceased, for the payment of any duty in respect of any probate, or of any letters of administration or confirmation of testament, or letters testamentary or dative, or for the purpose of distribution as personal estate ; and it shall be lawful for the said military secretary to order and direct the payment or distribution of any such surplus in any case in which the same shall not ex- ceed five hundred Company's rupees, without any probate or letters of administration or confirmation of testament, or letters testamentary or dative, or payment of any duty of stamps, or upon legacies or otherwise : and it shall also be lawful for any paymaster or other person to issue any sum not exceeding the value of five hundred Company's rupees, which may be due to any officer deceased, or to the widow or relative of any officer deceased, or to the representative or representatives of any such officer's widow or relative in India, in like manner without any probate or letters of administration, or confirmation of testament, or letters testamentary or dative, or payment of any duty of stamps; or upon legacies or otherwise, the same to be paid to the person who shall be notified by the said military secretary as aforesaid as being entitled thereto ; and all such payments respectively shall be as valid and effectual, to all intents and purposes, as if the same had been made by or to any executor or adminis- ti'ator, or under the authority of any probate or letters of administration, or confirmation of testament, letters testamentary or dative ; anything in any Act or Acts, or law or laws, to the contrary notwithstanding. Effects remitted not deemed assets in the place to which remit- ted, so as to render administration neces- sary, &c. Jlilitary secretary authorized to order re- mittance of effects to any other place in In- dia. LI. And be it enacted, that such effects, or the proceeds or surplus of such effects, of any officer or soldier so dying, when remitted to any person under any order of the military secretary to the government of any of the said Company's presidencies, or to such military secretary, shall not by reason of coming to tlie hands of such person or military secretary be taken to be assets or effects in the place to which such proceeds or surplus may be remitted, so as to render it necessary that administration should be taken out in respect thereof; and it shall be lawful for the military secretary to tlie government of the presidency to which the deceased officer or soldier shall have belonged to order tliat such effects, or the j>roceeds or surplus of any such effects, shall be remitted to any other place in India where the same can more conveniently be paid over to the person or persons entitled thereto ; and the obe- dience to the orders of such military secretary in respect to the payment and disposal of any such effects, proceeds or surplus of such effects, shall be a discharge from all actions, suits, and demands in respect thereof to any ]jerson to whose hands any such effects, proceeds, or siu-plus sliall liave come, and which shall have been paid and disposed of under the order of such military secretary. 3& 4 Vic. Cap. 37.] 515 LII. And be it enacted, that the effects, or tlie proceeds or surplus of such effects, of any Modeofadminister- such officer or soldier dying as aforesaid, \vl)ich shall remain after satisfying such regimental '"^ ""^'' "" l"'"'^'''"''** debts as aforesaid, shall wth all convenient speed be transmitted to such military secretary, bv the officer or person em])loyed or required to take care of, collect, and receive the same as aforesaid ; and such military secretary shall cause the same, or the surplus tliereof remaining after satisfying such debts, and after such payment and application as is herein-before autho- rized, to be paid to the executor or legal representative (if in India) of such officer or soldier ; or if such executor or legal representative shall not be in India, or shall not within twelve montiis from the death of sucli officer or soldier claim such surplus, then and in that case such military secretary sliall remit the said surplus to tlie Court of Directors of the said Company in London, to be by them paid to tlie executor or legal representative of such officer or soldier so deceased ; and such remittance, at tlie end of twelve montlis as aforesaid, shall be a discharge to such military secretary from all actions, suits, and demands in respect of such surplus; provided always, that tlic registrars of her Majesty's several Supreme Courts in Registrars of Su- India shall not be required or entitled to take out letters of administration, with the will fa"le"^consi'- of the Charter of tiie East-India Company, being owned by her Majesty's subjects for whom by weiglit. cording to tlie following scale, and that tlie several numbers of rates of postage herein- after set forth shall be charged by and be paid to her Majesty's Postmaster-general for the use of iier Majesty, on letters transmitted bv the post ; (that is to say,) On every letter not exceeding half an ounce in weight, one rate of postage : On every letter exceeding half an ounce and not exceeding one ounce in weight, two rates of jiostage : On every letter exceeding one ounce and not exceeding two oimces in weight, four rates of postage : On every letter exceeding two ounces and not exceeding three ounces in weight, six rates of postage : And on every letter exceeding three ounces and not exceeding four ounces in weight, eight rates of postage : And for every ounce in weight above the weight of four ounces there shall be charged and taken two additional rates of postage, and every fraction of an ounce above the weigiit of four ounces shall be charged as one additional ounce. Colonial Letters by Packet-Boat. Colonial letters. VI. And be it enacted, that on all letters not exceeding half an ounce in weight, trans- mitted by packet-boat between the United Kingdom and her Majesty's Colonies, or between any of her Majesty's Colonies through the United Kingdom, (including letters to and from the East-Indies by any of Iier Majesty's Mediterranean packet-boats to and from the United Kingdom via Syria or Egypt, but not including letters sent through France,) there shall be cliarged and paid the several rates of Britisli postage herein-after mentioned and specified ; (that is to say,) Between any place within the L^^nited Kingdom, wherever situate, and any port in her Majesty's Colonies, one uniform rate of one siiilling, and between any of her Majesty's Colonies through the L^nited Kingdom, one uniform rate of two shillings. And on all such letters, if exceeding half an ounce in weight, there sliall he charged and paid progressive and additional rates of postage, according to the scale of weight and 3&4Vic.Cap. 9C.] 525 nimiber of rates liereiii-Ijefore contained, each additional rate beinj^- estimated at one shilling or two shillings, according as such Ictt nient, if not exceeding half an ounce in weight. shilling or two shillings, according as such letter shall be chargeable under this enact- Ship Letteks. VII. And be it enacted, that the Postmaster-general may collect and receive letters to for- ward by vessels not ])acket-btJats to places beyond the seas, and may forward the same aceoril- ingly, and may collect and receive letters brought by any such vessels from places beyond the seas. VIII. And be it enacted, that on all letters not exceeding half an ounce in weight, trans- uiittefl by vessels not packet-boats between the United Kingdom and any place beyond the seas, including Ceylon, the Mauritius, the Cape of Good Hope, and the East-Indies, or between any places beyond the seas through the United Kingdom, there shall be charged and paid for British postage the rates following ; (that is to say,) Between the United Kingdom and any place beyond the seas, at whatever place within the United Kingdom the letters may be posted or delivered, one uniform rate of eight- pence, and between any places beyond the seas through the United Kingdom, one uniform rate of one shilling and four-pence. And on all such letters, if exceeding half an ounce in weight, there shall be charged and paid additional rates of postage, according to the scale of weigiit and number of rates herein-before contained, estimating and charging each additional rate at eight- pence or one shilling and four-pence, according as such letters shall be chargeable under this enactment, if not exceeding half an ounce in weight. Ship letters. Rates of postage on ship letters. FoKEiGN Letters. IX. And be it enacted, that on all letters transmitted by the post between the United Foreign letters. Kingdom and foreign parts, or between any of the places out of the United Kingdom mentioned in the schedule to this Act annexed, there shall be chargeil and paid the several rates of British postage mentioned and specified in such schedule. X. And be it enacted, that all letters brought into the United Kingdom by packet-boats Letters by packet- (whcther in a mail bag or not) shall be chargeable with packet postage. XI. And be it enacted, that on all printed votes and proceedings of the Iiiijjinal Tarlia- mcnt forwarded by the j)ost between places in tiie United Kingdom, or posted in any |)ost town of the United Kingdom, addressed to ])ersons or places within such town, or the suburbs thereof, and on all printed votes and j)roceediiigs of the Imperial Parliament sent to any of her Majesty's colonies by packet-boat, and on all printed votes and proceedings of the Colonial l^egislatures sent to the United Kingdom from the colonies by j)acket-boat (but not throu'di France nor to the East-Indies by her Majesty's Meditteranean packet-boats rid Syria or Egypt), there shall be charged and paid the rates of British postage following (1); * * * (I) [The reduced rates at which the papers and |)roceedhios lel'cned Postage on Parliii- iiicntary ]>roctcclings. 52G [3 & 4 Vic. Cap. 96. to are to be charged are omitted, as it will be seen that they do not apply to snch papers when transmitted by the packet communication with India. To direct attention to this fact, the former part of the sec- tion is inserted.] Stamped covers. XII. And be it enacted, tliat all letters posted in any town or place within the United Kingdom shall, if written on stamped paper or enclosed in stamped covers, or having a stamp or stamps affixed thereto, and all printed votes and proceedings of the Imperial Parliament, and all newspapers which sliall be liable to postage under this Act, sliall, if posted in any town or place within the United Kingdom and enclosed in stamped covers, or having a stamp or stamps affixed thereto, (the stamp or stamps in every such case being affixed or ap_ pearing on theoutside, and of the A'alue or amount herein-after expressed and specially provided under the authority of this Act or of the said recited Act, and if the stamp shall not have been used before,) pass by the post free of postage, as herein-after mentioned ; (that is to say,) In case any such letters shall be posted in and addressed to any place within the United Kingdom, the stamp or stamps thereon shall be equal in value or amount to the rates of postage to which such letters would be liable under this Act if pre-paid : In case any such letters shall be addressed to any other of the British dominions or colo- nies, or to any foreign country, the stamp or st;imps thereon shall be equal in value or amount to the rates of British postage to which such letters would have been liable under this Act : And on all such printed votes and proceedings of Parliament and newspapers the stamp or stamps shall be equal in value or amount to the rates of postage to which such votes or proceedings or newspapers would have been liable under this Act: And that in all cases in which the same shall be necessary, in order to place on any such letters, pi-inted votes or proceedings of Parliament, and newspapers, the full amount of stamps hereby required as aforesaid, there shall be affixed thereto such a number of ad- hesive stamps as alone or in combination with the stamp on such letters or packets, or on the envelope or cover thereof, will be equal in amount to the rate of postage to which such letters, printed votes or proceedings of Parliament, and newspapers would be liable under this Act. Postage on packet- XXXIV. And be it enacted, that it shall be lawful for her Majesty's Postmaster-general demande/'^^from'' the '° require the postage from time to time payable for letters transmitted by packet-boats or sender. private ships between places out of the United Kingdom to be paid by the sender on the tender or delivery of such letters at the Post-office, or other place appointed by the Post- master-general for the receipt of such letters. Letters of owners of XXXV. And be it enacted, that the owners, charterers, or consignees of vessels inward- ''^^^^'^- bound, and the owners, consignees, or shippers of goods on board vessels inward-bound, shall have their letters by such vessels free from postage (except as herein-after mentioned) if delivered at the port of the siiip's arrival ; and if delivered at any other place within the United King- dom, on payment of, the postage, as on pre-paid inland letters, according to the scale of ■weiglit and number of rates herein-before mentioned, from the port of arrival to tlie place of 3&4Vic. Cap. 96.] 527 delivery, aiid if delivered in any of lier Majesty's Colonies, on payment of the colonial rates of postage to which letters in sucli Colony may be liable, on conveyance from such port of arrival to the place of delivery, provided the letters brought by anyone vessel to any one such person shall not collectively exceed six ounces in weight (except in the case of letters brought by vessels coming from Ceylon, the IVfauritius, the East-Indies, the Cape of Good Hope, into any port of the United Kingdom, for an owner, charterer, or consignee of such vessel, in which case they may be collectively twenty ounces in weight), and the owner, charterer, or consignee shall be described as such on the address and suj)erscription ; and in the case of owners, shippers, or consignees of goods, it shall also appear by the ship's manifest that they havego(xlson board tlie vessel ; and the persons hereby exempted shall be entitled to have their letters which come witliin tlie above c-oiiditions before the master of the vessel dilivers the other letters in his charge to the Post-office : provided nevertheless, that all ship letter gratuities payable by law to masters of vessels bringing any sucli letters shall in all cases be paid to the Post-office by the parties to whom the same may be addressed (in addition to any postage payable thereon) before delivery of such letters to the parties entitled to receive the same, whether such letters shaU be delivered at the port of arrival of such vessel or elsewhere. XXXVI. And for encouraging masters of vessels, not being Post-office packets, to under- Gratuities to mas- take the conveyance of letters ; be it enacted, that the Postmaster-general may allow to mas- ters of vessels, on letters and newspapers conveyed by them for or on behalf of tlie Post- office between places within the United Kingdom, a sum not exceeding two shillings and six- pence for each and every number of one hundred of such letters and newspapers, and for any less number in the like proportion, and may allow to the masters of vessels bound from the United Kingdom to the East-Indies a sum not exceeding one penny for each letter, and one halfpenny for each newspaper convej-ed by them for or on belialf of the Post-office, and may allow to the masters of all other vessels a sum not exceedingtwo-pence for each letter conveyed by them for or on behalf of the Post-office from the United Kingdom to places beyond sea, and may allow to the masters of all vessels not exceeding two-pence for each letter brought into the United Kingdom, which they shall deliver at the Post-office at tlie first port at which they touch or arrive, or with which they communicate, (all which gratuities may be paid at such times and places, and under all such regulations and restrictions, as tlie Postmaster-general shall in his discretion think fit); and every master of a vessel outward-bound siiall receive on board ivfasters of outward- his vessel every post letter-bag tendered to liim for conveyance, and having received the .same, bound vessels to rc- * . ceive letters, and to shall deliver it, on his arrival at the port or place of his destination, without delay ; and every deliver them at the master of a vessel inward-bound shall cau.se all letters on board his vessel (except tliose be- first port of arrival. longing to the owners of tiie vessel, or of the goods on board, which do not exccvd the j)re- scribed weights,) to be collected and enclosed in some bag or other envelope, and to be sealed with his seal, and to be addressed to any of iier Majesty's Deputy Postmasters, that they may be in readiness to send on shore by his own boat, or by the pilot lK)at, or by any other side or convenient means, in order that the same may be delivered at the first regular Post-office which can be comminiicated with; and at the regidar ]H)rt or place where the vessel shall report, shall sign a declaration in the presence of tlie person authorized by the Postmaster-general at such port or place, who shall also sign the same, and the declaration shall be in the form or to the effect following, (that is to say,) " I., AJh, comuvAuArr t>( iho [state t/i(' iiainroftfie s/ii])ar vesse/,\a\T'\\\n'f^ivtm\ [state, Dcclarntion to be "the place], do, as required l)y law, solemnly declare, that I have, to the best of my made by maiters. " knowledge and belief, delivered or caused to be delivered to the Post-office every letter 528 [3 & 4 Vic. Cap. 96. " bag, package, or parcel of letters that were on Iward the \^state the name of ike ship], " except such letters as are exempted by law." Officers of Customs And no collector, controller, or principal officer of the Customs shall permit such vessel to r°po« before"declara° report till such declaration shall be made and produced ; and no vessel shall be permitted by tionmade. any officer of the Customs to break bulk, or to make entry in any port of the British domi- nions, until all letters on board the same shall be delivered to the Post-office, where posts are or hereafter may be established, and from whence such letters may be despatched by post, ex- cept such letters, commissions, and other matters and things as are exempted by tlie Post- office Acts from the exclusive privilege of the Postmaster-general, and also except all such letters as shall be brought by a vessel liable to the performance of quarantine, all which last- mentioned letters shall be delivered by the person having possession thereof to the persons ap- pointed to superintend the quarantine, that all proper precautions may be by them taken be- fore the delivery thereof; and when due care has been had therein, the said letters siiall be by them despatched in the usual manner by the post; and the principal officer of Customs at every port shall search every vessel for letters which may be on board contrary to the Post- office Acts, and may seize all such letters and forward them to the nearest Post-office ; and tlie officer who shall so seize and send them sliall be entitled to a moiety of the penalties which may be recovered for any such offence; and in case an officer of her Majesty's Customs shall find a letter superscribed as the letter of an owner or charterer, or consignee or shipper, ex- ceeding the weight herein-before limited, then the officer shall seize so many of the letters as shall reduce the remainder within the proper weight, and he shall take the same to the nearest Post-office, and the Postmaster of the place shall pay to the officer delivering the same any sum tlie Postmaster-general, with the consent of the Lords of the Treasury, may think fit, not ex- ceeding two shillings and sixpence for every post letter so seized ; and the Postmaster-general may appoint any person to demand from the masters of vessels arriving at or off a port of the United Kingdom, all letters on board the same not exempted by the Post-office Acts; and the master of any such vessel shall forthwith deliver all such letters on boai-d to such person, on his demanding the same. Certain penalties un- XXXVIII. And belt enacted, that the penalty which, by an Act passed in the first year '^^qZ^^'i* *"'' ' ^'"^' '^^ ^^^^ reign of her present Majesty, intituled, " An Act for consolidating the Laws relative to tended. ' Offences against the Post Office of the United Kingdom, and for regulating the Judicial Administration of the Post Office Laws ; and for explaining certain Terms and Expressions employed in those Laws," is imposed on every master of a vessel outward-bound to Ceylon, the Mauritius, the East-Indies, or the Cape of Good Hope, who shall refuse to take a post letter-bag delivered or tendered to him by an officer of tlie Post-office, shall henceforth ex- tend and apply to the master of every vessel outward-bound who shall refuse to take a post- letter-bag, delivered or tendered to him for conveyance by an officer of the Post-office ; and that the penalty which, by the said Act of the first year of the reign of her present Majesty, is imposed on every master of a vessel who shall refuse or wilfully neglect to make the declaration of having delivered his ship letters to the Post-office, as required bj- an Act passed in the first year of the reign of her present Majesty, intituled, "An Act for the Regu- lation of the Duties of Postage,"(l) shall henceforth extend and apply to the master of every vessel who shall refuse or wilfully neglect to make the declaration of having delivered his ship's letters to the Post-office, as is required by this Act, and that the penalty by the said first-mentioned Act imposed on every collector, controller, or officer of the Customs, who by the said last-mentioned Act is required to prohibit any vessel reporting until the requisites of 3^^4 Vic. Cap. 9G.] 529 sucli last-mentioned Act shall have been complied with, and wlio sliall permit such vessel to report before the requisites of such Act shall have been complied with, shall henceforth extend and apply to every collector, comptroller, or officer of the Customs who by this Act is re- quired to prohibit any vessel refwrting until the requisites of this Act liave been complied with, and wlio sliall permit such vessel to report before the requisites of this Act shall have been complied with. (1) [The Act here referred to (7 Wni. 4 and 1 Vic. cap. 34) is (with various otiiers) repealed by sec. 68 of this Act ; but that section, con- sisting entirely of" repealing clauses, is not inserted in this collection.] XL. And be it enacted, that petitions and addresses forwarded to lier Majesty by the post Petitions and aii- shall be exempt from postage. " " ^i;''''' !° ''" '^'"^'''^ XLI. And be it enacted, that Members of each House of Parliament may receive by the also pEtitions to Par- post petitions and addresses to her Majesty, and petitions addressed to either House of Tar- '"""''"'• liament, not exceeding thirty-two ounces in weigiit, exenq)t from postage, provided such petitions and addresses be sent witliout covers, or in covers open at the sides. XLII. And be it enacted, that jM-inted newspapers may be sent free of postage, or liable Newspupcrs. to postage according to the regulations and rates herein-after set forth ; (that is to say,) PiiiNTED British Newspapkiis. «♦»•*# Between the United Kingdom and her Majesty's Colonies, as follows : By packet-lxjats to any of her Majesty's colonies and possessions beyond tlie seas (including tlie East-Indies, by packet-Iioats from tlie United Kingdom, via Syria or Egypt), free : By private ships, one pemiy each. Printed Colonial Newspai'khs, Brought from tlie Colonies to the United Kingdom by packet-boats (including newspapers from the East-Intlies, by her Majesty's Mediterranean packet-boats), whether directed to a place within the United Kingdom or to any of her Majesty's colonies beyond the seas, to be forwarded from the United Kingdom by-])acket boats, free: Brought from tlie colonies to the TTnited Kingdom bv private ships, addressed to places within the United Kingdom, and delivered by the master at the Post-office, one penny each : Sent by packet-boat tlirough the United Kingdom tt) a foreign state (subject to the consent of the Lords ol' tlir Til ii^iiiv), free. XLIV. And l)e it enacted, that no i)i-inte(i liaptr, whethrr iK'ws|)aper or volts and ]>r()- Mod,- ..f scmling I* • 1-* T r. I * , » • I -r • 1 I II 1 II • I r ncwBpaiM'is or I'aiiiti- ceedmgs in Parliament, or oi tiie ( olonial Legislature, sliall tie sent by tlu i)o>t, eitlur tree or „,c„tary piotrfdings. at tile aforesaid rates of postage, unless the following conditidiis shall be observed: First, it shall be sent without a cover, or in a cover open at the sides. Second, there shall be no woril or coimiiunication printcil on the paper after its publication, C> V 530 [3 & 4 Vic. Cap. 96. or upon the cover thereof, nor any writing or marks upon it or upon the cover of it, except the name and address of the person to whom sent. Third, there sliall be no paper or thing enclosed in or with any such paper. Fourth, the said printed papers shall he put into the Post-office at sucli hours in the day, and under all such regulations, as the Postmaster-general may appoint, inclucUng therein the payment of postage on such as are going out of the United Kingdom when put into tlie Post-office, if the Postmaster-general shall so require. Fifth, all foreign newspapers brought into the United Kingdom under this Act are to be printed in the language of the country from which they shall have been forwarded, unless tlie Conmiissioners of her IMajesty's Treasury sliall in any ease direct that any foreign newspapers shall be exempted from the restriction hereby imposed. Limitation of time L. And be it enacted, that every British newspaper, sent by the post to places out of the fcr^^ posting newspa- -{^y^jf^j Kingdom shall in all cases be put into a Post-office or receiving-office in tlie United Kingdom within seven days next after the day on which the same shall be published, the day of pul)lication to be ascertained by the date of such paper ; and in case a paper shall be put into a post-office after the expiration of such seven days, the Postmaster-general may either detain the paper, or forward it by post charged with full postage as a letter. Allowance to mas- LII. And be it enacted, that the Postmaster-general may allow the masters of vessels, tersof vessels fornews- Qf]^gj than packet-boats, a sum not exceeding one penny on every printed newspaper, foreign or colonial, brought into the United Kingdom from a port or place out of the United Kingdom, and delivered by them at tlie Post-office of the post-town at which they shall touch or arrive, and a sum not exceeding one penny on every printed newspaper conveyed by them for or on behalf of the Post-office from the United Kingdom to any port or place out of the same, in respect of which no gratuity is herein-before authorized to be allowed. Letters of sailors and LIII. And be it enacted, that the following classes of persons m.iy both send and receive ^°''^'^''^- letters, not exceeding half an oimce in weight, by the ]5ost, on their own private concerns, at a postage of one penny for each letter ; (namely,) Every seaman employed in her Majesty's navy, whether at home or abroad, whilst such seaman shall be actually employed in her Majesty's service. Every serjeant, corporal, drummer, trumpeter, fifer, and private soldier in her Majesty's regular forces, militia, fencible regiments, artillery, or royal marines, whether at home or abroad, whilst actually employed in her Majesty's service. Every serjeant, corporal, drummer, trumpeter, fifer, and private soldier in the service of the East-India Company, whilst actually employed in the service of the Company. But the letters of commissioned officers or warrant officers, whether in the army or navy, or midshipmen, or masters' mates of the navy, are not included in this provision. And with respect to letters sent by any such privileged persons, the following conditions shall be observed ; (that is to say,) the postage of each letter (unless sent from parts beyond the seas, as herein-after mentioned,) shall be paid (or the letter, if posted within the United Kingdom, shall be duly and properly stamped,) on being put into a Post- office established under the authority of the Postmaster-general ; and upon such letter shall be superscribed the name of the writer, and his class or description in the vessel, regiment, corps, or detachment to which he shall belong ; and upon every such letter 3&4 Vic. Cap.96.] 531 there shall be written in the handwriting of and signed by the officer having at the time the command of the vessel, or of the regiment, cor]}s, or detaclnnent to which the pri- vileged person belongs, the name of such oflficer and tlie name of such vessel, or of such regiment, corps, or detachment. And with respect to letters received by the post by any of the said privileged persons, the following conditions shall be observed ; the postage of each letter (unless sent from parts beyond the seas as herein-after mentioned) shall be paid (or the letter, if posted within the United Kingdom, shall be duly and properly stamped) upon putting it into a Post- office established under the autliority of the Postmaster-general, and it shall be directed to the privileged person, specifying on the superscription thereof the vessel, or the re- giment, corps, or detachment to which he shall belong ; and the deputy-postmaster of the place to which such letter shall be sent to be delivered shall not deliver such letter to any person except the person hereby privileged to whom it shall be directed, or to some person appointed to receive the same, by writing under the hand of the officer in command. And whenever the letters sent or received by any such privileged persons shall be sent from parts beyond the seas without tiie said jiostage of one penny being pre-paid, every such letter shall be charged to the party receiving the same with a rate of two-pence; and any letters received by the post under this enactment by any such privileged per- sons which may have been re-directed shall not be charged any postage on or in respect of such re-direction. LIV. And be it enacted, that any such privileged persons may both .send and receive letters. Privileged persons not exceeding half an ounce in weight, by private ships, between the United Kingdom and gjiips. ^ ''"^'' ^ places beyond the seas, on their own private concerns, at the like postage for each letter, and subject to the like conditions and regulations, in all respects, as are herein-before mentioned in respect of letters sent and received by any such privileged persons by the post ; but when- ever the letters sent or received by any such privileged persons shall be conveyed, or be in- tended to be conveyed, by private ships, the gratuities payable by law to tiic masters of such vessels in respect of such letters shall in all cases be paid to the Post-office in addition to such postage. LV. And be it enacted, tliat the said privilege shall not extend to any letters liable to any ^'ot to extend to fo-. foreign rates of jiostage. reign postage. LXI. And be it enacted, that it shall be lawful for tiie Conunissioners of her Majesty's Trea- Gratuities to masters sury to make any reduction or increase or alteration they may consider expedient in thegratui- (gjJJ***^'* '""^ "** "'' ties allowed l)y this Act to masters of vessels for letters and newspapers conveyed by tliem for or on behalf of tlie Post-office, or delivered by them to tlie Post-office, and to allow and authorize such gratuities for the conveyance of letters and newspapers to masters of vessels passing to or from or between any of lier Majesty's Colonies or possessions beyond the seas, as they shall think fit, and also to allow and authorize any gratuities to be paid to pilots, seamen, or others, on tlie letters and newspa])ers they may bring to any Post-odice from any vessels. LXXI. And be it enacted, that tlie following terms ami expressions, whenever n.scd in tiiis Interpretation clause, or any other Post-office Act, shall have the several interpretations herein-after resjicctively set fortli, unless such interpretations are repugnant to the subject, or inconsistent with the context of the provisions in which ihoy may be found : (that is to sav,) the term " l{riti>h newsjia- pers" shall mean newspapers printed and published in thelJnited Kingdom, liable to the stamp duties ami duly stamped, and also newspapers printeil in the islands of Guernsey, Jersey, Al- ;i Y 2 532 [3&4 Vic. Cap. 96. derney, Sark, or Man, althougli not liable to stamp duties; and the term " inward-bound " shall be held to include vessels bound as well to any port in the United Kingdom as to any port in any of her Majesty's Colonies; and the term " outward-bound " shall be held to in- clude vessels bound as well from any port in the United Kingdom as from any port in her Majesty's Colonies; and that the term " United Kingdom " shall mean the United Kingdom of Great Britain and Ireland, and the Islands of Man, Jersey, Guernsey, Sark and Alderney, and that the term " her Majesty's Colonies " shall include every port and place within tlie territorial acquisitions now vested in the East-India Company in trust for lier ^lajesty, the Cape of Good Hope, the Island of Saint Helena, the Ionian Islands, and Honduras, as well as her JMajesty's other Colonies and possessions beyond the seas (the Islands of IMan, Guern- sey, Jersey, Alderney, and Sark only excepted) ; and that the term " by the Post ^ shall ex- tend to and include the transmission of post letters as well by any general or two-penny or penny or convention post as by packet-boat ; and tlie term " post-town " shall include every city, town, or place where a post-office is or sliall be established ; and that the several other terms and expressions used in this Act siiall be construed according to the respective interpre- 7 %V. i and 1 Vic. tations of the terms and expressions contained in the said Act passed in the first year of the reign of her present Majesty, intituled, " An Act for consolidating the Laws relative to Of- fences against the Post-office of the United Kingdom, and for regulating the Judicial Admi- nistration of the Post-office laws, and for explaining certain Terms and Expressions employed in those Laws,'^!) so far as those interpretations are not repugnant to the subject, or inconsis- tent with the context of such terms and expressions. (1) [See a note on the Act referred to.] Comnienc. merit of LXXII. And be it enacted, that tilis Act shall come into operation on the first day of September, one thousand eight hundred and forty. C.3G, The SCHEDULE to which this Act refers. On all letters not exceeding half an ounce in weight, transmitted by the post between the United Kingdom and foreign i)arts, or between any of tiie places out of the United Kingdom herein-after mentioned, there shall be charged and taken the following rates of British postage ; (that is to say,) * * * # * ■ * * Between any part of the United Kingdom, and any place in the East-Indies, rid s. d. France, in addition to tlie Red Sea or Persian Gulf Packet Rate herein-after mentioned ... ... ... ... ... ... ... 10 ******* And the rates of British postage for every letter not exceeding half an ounce in weight, transmitted by packet-boats between the places herein-after mentioned, shall be as follows : Between Suez or Bassora, or any other port in the Red Sea or Persian Gulf, and s. cl. any port in the East-Indies (letters transmitted by her Majesty's Mediterranean packets to or from tlie United Kingdom only excepted) ... ... ... 1 Between any of the ports or islands or places situate upon the Mediteri'anean Sea, the Adriatic Sea, the Archipelago, the Black Sea, in Turkey in Europe and Asia, in Spain, Portugal, Italy, France, in the Mediterranean, and upon the 3 & 4 Vic. Cap. 105.] 533 Northern Coast of Africa, wliether in the Mediterranean or in tlie Straits of Gibraltar (not iiaving been first brouglit or conveyed from the United Kingdom, or not being intended to be conveyed to the United Kingdom) Between any of the ports or places last aforesaid and any port or 'place in the East Indies, by way of the Red Sea or the Persian Gulf, in addition to the aforesaid Red Sea or Persian Gulf Packet Rate G And in addition to the foregoing rates, (except on letters between the United Kingdom and France, and lx?tween the United Kingdom and Spain, (otherwise than by way of France,) and between the United Kingdom and the United States of America,) there shall be paid on every such letter as aforesaid an inland rate of postage of two-pence for tlie distance any sucli letter shall be conveyed within the United Kingdom ; and on every letter so transmitted as iierein- before mentioned, exceeding half an ounce in weight, there shall be charged and taken pro- gressive and additional rates of British postage, according to the scale of weight and number of rates in this Act contained as to letters, estimating and charging each additional rate at tlie amount herein-before directed to be charged and taken on every letter so transmitted, not ex- ceeding half an ounce in weight, and charging the inland rate as aforesaid, but so that letters lierein rated between London and a place abroad shall not be charged any inland rate for tlic distance between London and the outport at which the packet-boats conveying the same shall he stationed. 3 & 4 VICTORL^. Cap. CV. U G. 3, e. 63. An- Act fur aboHsliiiig Arrest on Mesne Process in Civil Actions, except in cer- tain cases ; for extending the remedies of Creditors against the Property of Debtors; and for the further amendment of the Law and the better advancement of Justice in Ireland. [10/// August, 1840.] LXVI. And whereas great difficulties and delays may be experienced, and sometimes a failure of justice may take place, in actions depending in Courts of law in Ireland, !>>' reason of the want of a competent [)ower or authority in tlie said Courts to order and enforce tlie examination of witnesses, when the same may be required, before the trial of a cause : and whereas by an Act passed in the Parliament of Great Britain in the thirteentli year of the reign of his late Majesty King George the Tliird, intituled, " An Act for the establishing certain Regulations for the better Management of the Affairs of the East-India Company as well in India as in Europe,'" certain powers are given and provisions made for the examination of witnesses in Intlia in the cases therein mentioned : and whereas by an Act passed in the first year of the reign of his late Majesty King William the Fourth, intituled, " An Act to enal)lc Courts of Law to order the l''.\aniination of \Vitnesses upon Interrogatories, and otiier- wise," further provisions were made in relation to the examination of witnesses in all colonics, islands, plantations, and places under the dominion of the Crown of England in foreign parts : and whereas it is expedient to extend to Ireland certain provisions of the said two last- mentioned recited Acts; Ix; it therefore enacted, that all and every the powers, authorities, rowoi^iof tlu-r.-ritod ]irovisions, and matters contained in the said recited Act of the tiiirteenth year of the reign „'^ctioi.8"'in 'the' Courts 1 W. 1, c. 22. 534 [3 &4 Vic. Cap. 107. at Dublin, when exa- of his said late Majesty King George the Third, relating to the examination of witnesses in mination by commis- j^^^-^^ gj^gU j^g ^^^ ^l^^ ga„,g are, with reference to all actions in any of her Maiesty's Courts siou shall appear ne- ' ' _ _ J J J ^ " cessary. of law at Duhlin, hereby extended to all colonies, islands, plantations, and places under the dominion of her Majesty in foreign parts, and to the judges of the several Courts therein, and to all actions depending in any of her Majesty's Courts of law at Dublin, in what place or county soever the cause of action may have arisen, and whether the same may have arisea within the jurisdiction of the Court to the judges whereof the writ or commission may be directed, or elsewhere, when it shall appear that the examination of witnesses under a writ or conmiission issued in pursuance of the authority hereby given will be necessary or conducive to the due administration of justice in the matter wherein such writ shall be applied for. Judges to whom the LXVII. And be it enacted, when any writ or commission shall issue under the authority commission is directed „, .,, . ,, i<.i.. r.i i-ir • i i- empowered to enforce ot the said hist-mentioncd Act and oi this Act, or oi the power herein-beiore given by this the attendance of wit- Act, the iudse or iudffes to whom the same shall be directed shall have the like power to nesses. ^ j o j o ^ i <• i compel and enforce the attendance and examination of witnesses as the Court whereof they are judges does or may possess for that purpose in suits or causes depending in such Court. Costs of writs to be in the discretion of the Court. LXVIII. And be it enacted, that the costs of every writ or commission to be issued under the authority of the said last-mentioned Act and of this Act, or of the power herein-before given by this Act, in any action at law depending in either of the said Courts at Dublin, and of the proceedings thereon, shall be in the discretion of the Court issuing the same. 3 & 4 VICTORI.E. Cap. CVII. An Act to co7iti?iue a7id amend the Lmcs for the Relief of I/isolvetit Debtors in Ireland. [lOth August, 1840.] Whereas it is expedient to continue, for the purposes herein-after mentioned, the laws now in force for the relief of insolvent debtors in Ireland, and to make further provision for the relief of insolvent debtors : be it therefore enacted by the Queen's most excellent Majesty, by and witli the advice and consent of the Lords spiritual and temporal, and Commons, in this Powers now vested present Parliament assembled, and by the authority of the same, that from and after the of Insolvent Debtors Passing of this Act, the powers vested in the Court now established for the relief of insolvent continued for the pur- debtors in Ireland shall be, and the same are hereby continued and vested in the Court, to poses herem men. , -jl- i- , ■ a i-/. -ii- ,. tioned. DC continued by virtue oi this Act as herein-aiter provided, m so far as the same relate to or may be exercised in the matters of the petitions of any persons who, before the time appointed or the commencement of this Act, shall have petitioned the said Court now established for relief (under the provisions of any Act or Acts for the relief of insolvent debtors in Ireland), or of any persons who liave obtained their discharge by virtue of any Act for the relief of insolvent debtors in Ireland ; and that all things shall and may be done by all persons, re- lating to tlie matters of all such petitions, which such persons might have done if the laws now in force with respect to insolvent debtors in Ireland had been continued by this Act. The above relates to persons having become insolvent under the previous law. The two sections following refer to insolvent persons subject to the operation of this Act. 3&4 Vic. Cap. 107.J 535 XLII. And be it enacted, tliat if any such prisoner shall, at the time of filing such petition WTiere the prisoner as aforesaid, whether such petition shall have been preferred by himself or by any sucii ere- " beneficially entitled ditor as aforesaid, or at any such time before such creditor shall have become entitled to his may order a transfer, final discharge according to this Act, have anv Government stocks, funds, or annuities, or any of the stock of any public company, either in England, Scotland, or Ireland, standing in his own name in his own right, and for his own_benefit, it shall be lawful for the said Court for the Relief of Insolvent Debtors, whenever it shall seem fit so to do, to order all persons whose act or consent is thereto necessary to transfer the same into the name of such assignee or as- signees as aforesaid, and all such persons whose act or consent is so necessary as aforesaid, are hereby indemnified for all things done or permitted pursuant to such order. XLIV. And be it enacted, tliat nothing in this Act contained shall extend to en- Assignees' power not . , , . . PI 1 (T> !■ 1 • 1 ■ to extend to the pay or title tlie assignee or assignees oi the estate and efrects or any such prisoner, being or pension of naval, mili- having been an officer of the army or navy, or an officer or clerk or otherwise em- ^^^' °^ '^"■'' officers, ployed or engaged in the service of her Majesty in the Customs or Excise, or any civil office or other public department whatsoever, or being or having been in the naval or military service of the East-India Company, or an officer or clerk or otherwise em- ployed or engaged in the service of the Court of Directors of the said Company, or being otherwise in tiie enjoyment of any pension whatever, under any department of her Majesty's Government, or from the said Court of Directors, to tlie pay, half-pay, salary, emoluments, or pension of any such prisoner for tlie jiurposes of this Act : provided always, tliat it shall be Portion of pay or lawful for the said Court to order such portion of the pay, half-pay, salary, emoluments, or fained on application. pension of any such prisoner, as on communication from the said Court to the Secretary at War, or tlie Lords Commissioners of the Admiralty, or the Commissioners of the Customs or Excise, or the chief officer of tlie department to which such prisoner may belong or have belonged, or under which such pay, half-pay, salary, emoluments, or pensions, may be en- joyed by sucli prisoner, or the said Court of Directors, he or they may respectively under his or their hands, or under the hand of his or their chief secretary or other chief officer for the time being, consent to in writing, to be paid to such assignee or assignees, in order that the same may be applied in payment of the debts of such prisoner ; and such order and consent being lodged in the office of her Majesty's Paymaster-general, or of the Secretary of the said Court of Directors, or of any other officer or person appointed to pay or jiaying any such pay, half-pay, salary, emoluments, or pension, such portion of the said pay, ha]f-])ay, salary, emoluments, or pension as shall be specified in such order and consent shall be paid to the said assignee or assignees until the said Court shall make order to the contrary. CVIII. And be it enacted, that this Act shall, as to all matters not otherwise provided for, commencement of commence and come into operation on the first day of November, in the year one thousand eight ■*'^'' hundred and forty. \ APPENDIX. PART I. LETTERS PATENT FROM THE CROWN. 3 z ( APPENDIX. PART I. LETTEKS PATENT FROM THE CROWN. Letters Patent, estabUsliing a Supreine Court of Judicature at Fort William, in Bengal, bearing Date the twenty-sixth Day of March, in the fourteenth Year of the Reign of George the Tliird, one thousand seven hundred and seventy- four. [It will be seen from various parts of these Letters Patent that the jurisdic- tion of this Court was originally limited to the provinces of Bengal, Bahar, and Orissa. By 39 & 40 Geo. 3, cap. 79, sec. 20, it was extended to Benares, and to all factories, districts, and places, subject to the presidency of Fort ^^ illiam in Bengal. By 33 Geo. 3, cap. 52, sec. C7, offences committed by British subjects in native states may be tried in any Court in India of compe- tent jurisdiction to try offences committed in the British territories there.] George tlie Third, by tlic Grace of Gotl, of Great Britain, France, and Ireland Kino;, De- Recital of Act 13 fender of tlie Faitli and so forth : to all to whom these presents shall come, greeting. Wlicreas G. 3, by an Act of I^arliamcnt, passed in the thirteenth year of our reign, reciting a Charter, bear- ing date at "Westminster tlie eighth day of January, in the twenty-sixth jear of the reign of owx Iloyal Grandfather, King George the Second, of glorious memory, by liini granteil to the United Company of Mercliants of England trading to the East-Indies ; tliereby, amongst otiier things, constituting and establishing Courts of civil, criminal, and ecclesiastical jurisdiction, at the said United Company's settlements at Madraspatnam, Hombay, and Fort William in Bengal; and that the said Charter does not suniciently provide for the due administration of justice, in such manner as the state and condition of the Company's Presidency of ]''ort AVil- iiam in Bengal, so long as the said Company shall remain in the jwssession of the territorial acquisitions, therein before-mentioned, do and m\ist require : it is among other things enacted, that it siiall and may be lawbd for us, by Charter or Letters Patent, under tlie Great Seal of Great Britain, to erect and establish a Supreme Court of .Judicature at Fort AVilliam in Bengal aforesaid, to consist of a Chief Justice, and three other judges, (1) being barristers of England or Ireland, of not less than five years' standing, with power to exercise and perform all civil, criminal, admiralty, and ecclesiastical jurisdiction, nnointmoIit. caturc at Fort William in Bengal shall, upon the first Tuesday of December, in every year, nominate three persons, resident in tlie town of Calcutta, or the |ireciiicts thereof, to the Governor-general and Council, or the major part of tluni, wiio, within three ilays after sucli Chief Justice's and Puisne Justices' sala'- ries. Their rank. 542 [Supreme Court, deatli, office. Slieriffs duty. Mode of proceeJing when tlie Sheriff shall he a party. nomination, shall appoint one of tha said three persons to serve the office of sheriff, for the year ensuing, to be computed from the twentieth day of December next after such appoint- Sherififs oatli. ment ; wliich sheriff shall, as soon as conveniently may be, and before he shall enter upon his said office, take an oath, faithfully to execute liis office, and the oath of allegiance, before the Governor-general, or in his absence, the senior member of the Coimcil there present, vviio are hereby respectively authorized to administer the same ; and shall continue in such office, durino- tlie space of one v. hole year, to be computed from the said twentieth day of December, Provision in case of and until another shall be duly appointed and swc n into the said office ; and in case such &c. while in his si^gi-jfi" s],all die in his office, or depart from the provinces of Bengal, Bahar, and Orissa, then another person shall and may, as soon as conveniently may be, after the death or departure of such sheriff, be in like manner nominated, appointed, and sworn in as aforesaid, and shall continue in his office for tlie remainder of the year, or until another sheriff shall be duly appointed and sworn into the said office ; and we do further order, direct, and appoint, that the said sheriff, and his successors, shall by themselves, or their sufficient deputies, to be by them appointed, and duly authorized, under their respective hands and seals, and for whom he and tliey shall be responsible, during his or their continuance in such office, and lie and they, aye herebv authorized to execute aU the writs, summons, rules, orders, warrants, commands, and process of the said Supreme Court of Judicature, at Fort William in Bengal, and make return of the same, together with the execution thereof, to the said Supreme Court of Judi- cature, at Fort William in Bengal, and to receive and detain in prison such persons as shall be committed to him for that purpose by tiie said Supreme Court of Judicature at Fort William in Bengal, and by the Chief Justice and Justices respectively : and we further dii'ect, ordain, and appoint, that whenever the said Supreme Court of Judicature, at Fort "William in Benoal, shall direct, or award any process against the said sheriff, or award any process, in any cause, matter or thing, wherein the said sheriff, on account of his being i-elated to the parties, or any of them, or by reason of any good cause of challenge, which would be allowed airainst any sheriff, in that part of Great Britain called England, cannot by law execute the same, in every such case, the said Supreme Court of Judicature, at Fort AVilliam in Bengal, shall name and appoint some other fit person to execute and return the same ; aud the said process shall be directed to the said person, so named for that purpose ; and the cause of such special proceeding shall be suggested, and entered on the records of the same. And we do farther authorize and empower the said Supreme Court of Judicature at Fort officers, William in Bengal, from time to time, as occasion may require, to appoint so many and such clerks, and other ministerial officers, as shall be found necessary for the administration of justice, and the due execution of all tlie powers and authorities which are and shall be granted and and committed to the said Supreme Court of Judicature, at Fort William in Bengal, by these our Letters Patent. And it is our further will and pleasure, and we do hereby, for us, our heirs and successors, give, grant, direct and appoint, that all and every the officers and clerks, to be appointed as aforesaid, shall have and receive respectively such reasonable salaries as the said Supreme Court of Judicature, at Fort William in Bengal, shall appoint, for each office and place respectively, and as the Governor-general and Council appointed, constituted and created, by the Act of Parliament, herein-before mentioned, shall approve of; jirovided Such officers to re- always, and it is our will and pleasure, that all and every the officers and clerks, to be ap- siiie within the juns- pointed as aforesaid, shall be resident within the limits of the iurisdiction of the said Court, diction of the Court. ' , ^i i ii i i i tu ■ t- ax SO long as they shall hold their respective omces. Court to approve ad- And we do hereby further autiiorize and empower thesaid Supreme Court of Judicature at Fort vocates and attornies William in Bengal, to approve, admit, and enrol such and so many advocates and attornies at ' """ '^" law as to the said Supreme Courtof Judicature at Fort William in Bengal shall seem meet, who shall be attornies of record, and shall be, aird are hereby authorized to appear and plead, and act for the suitors of the said Supreme Court of Judicature at Fort William in Bengal ; and the said advocates and attornies, on reasonable cause, to remove ; and no other person or per- sons whatsoever, but such advocates or attornies, so admitted and enrolled, shall be allowed to appear and plead, or act in the said Supreme Court of Judicature at Fort W^illiam in Ben- gal, for or on the behalf of such suitors, or any of them. Fees to he settled And we do hereby further authorize and empower the said Supreme Court of Judicature by the Court, and ap- at Fort "William in Bengal to settle a table of the fees to be allowed to such sheriff, and all proved by^the Cover- qjIj^,,. {jjg officers, clerks, and attornies aforesaid, for all and every part of the business to be iior-genera in oun- ^^^^ j^^ them respectively, which fees, when approved by the Governor and Council, to whom appoint Court to clerks and with such reasonable salaries as shall be ap- proved of by the Go vernor-general Council. at law, who are to plead and act for the suitors ; and be remov- able on reasonable cause. Four William.] 543 we hereby give avithority to review tlie same, the said Sheriff and otiier officers, clerks and at- tornies, i^'liall and ninv lawfully demand and receive : and we do further authorize the said Su- preme Court of Judicature at Fort William in Bengal, with the like concurrence of the said Governor and Council, from time to time, to vary the said table of fees, as there shall be oc- casion : and it is our further will and pleasure, and we do hereby require and enjoin the said Copy tl^reof to be Chief Justice, and the said Puisne Justices, and eacii of them respectively, within one year ^'','^\ 'J'f offi^rs^'^Vrks! after these our I,cttcrs Patent shall have been published at Fort William in Bengal aforesaid, g-c. and within one month from the said settling and allowance of the said table of fees, to certify, under their several hands and seals, and to transmit to us, our heirs and successors, a full and true account of the several offices and ])laces, and officers and clerks, and of their salaries, severally and vespeetively, and a true copy of the said table of fees, together with tiie appro- bation of tiie said Governor and Council, and also any variation of the said table, to be made as aforesaid, v/ilhin one month after the same shall iiave been so varied : and we furtlier direct, Table of fees to be ordain, a-id appoint that the said table, and the said alteration and variations thereof, if any hung >'P '" Court, alteration or variation shall be made, sliall be hung up in some conspicuous part of the hall or ])lace wliere the said Supreme Court of Judicature at Fort William in Bengal sliall be publicly iiolden. And wc do further direct, ordain, and appoint, that the said Supreme Court of Judicature Court's po\ver and at Fort William in Bengal may and shall have power and jurisdiction, and is hereby autho- i"''f '''''?," '"/^''''^'; rized to hear, examme, try, and determme, ni manner nerein-attcr mentioned, all actions and ajrainst the Company, suits, which shall or may arise, happen, be brought, or promoted, upon or concerning any Mayor's Court of CuU trespasscs or injuries of what nature or kind soever, or any debts, duties, demands, interests or ^^"";^, &c °or"others concerns, of wliat nature or kind soever, or any rights, titles, claims or demands, of, in, or to ^^.,jq° \y^^,l! resided any houses, lands, or other things, real or personal, in the several provinces or districts, called there, or who have ef- Benoal, Bahar, and Orissa ; or'touching the iiossession, or any interest or lien, in or ui)on the ['^'^'^ there, or are or »',,', , ' , >^. I, /. r- 1 1 11 1 r. • have been in the Com- same, and all pleas, real, personal, or mixt, the causes ot wliicn snail or may licrcatter arise, pony's service, or of accrue and grow, or shall have heretofore arisen, accrued, and grown, against the saiil United the Mayor's Court, or Company of Merchants trading to tiie East- Indies, and agains't the said mayor and aldermen ^^^|°'|'^[,^,, ^^"^l ,,!^°^ of Calcutta, at Fort William in Bengal, and against any other of our subjects, who shall be ^,ey'"r'rJsidL'd\here, or resident within the said |)rovinces, districts, or ('ountries, called Bengal, Bahar, and Orissa, or a(?ainst sueh who re- who shall iiave resided tliere, or who shall have any debts, effects, or estate, real or i)ersonal, siJe !>' Great Bn- witliin the same, and against the executors and administrators of such our subjects, anil against ' ' any other person, who shall, at the time of such action being brought, or at the time when any such cause of action shall have accrued, be or have been employed by, or be or have been, directly or indirectly, in the service of the said United (Jonipany, or of the said mayor and aldermen, or of any other of our subjects : provided always, that it shall not be competent to the said Supreme Court of Judicature at Fort AVilliam in Bengal to try or determine any suit or action against such jwrson, who siiall never have been resident in the provinces of Ben- gal, Bahar, and Orissa, or any one of them, nor against any ])erson then resident in Great Britain or Ireland, unless sueh suit or action, against such jierson, so thin resident in Great Britain or Ireland, shall be commenced within two years after the cause of action arose, and the sum to be recovered be not of greater value than tliiity thousand rupees: and the said Court's power to try Supreme Court of Judicature, at Fort William in Bengal, "shall have the like power and ju- fXhitaiiis' witl'.T.'. risdiclion, and isheriby authorized to hear, examine, try, and determine, all such causes, ac- Bengal, &c. where the tions, and suits, as aforesaid, arising, growing, and to be brought or pronioteil against every cause shall exceed 500 other jiirMin or persons whatsoever, inhabitants of India, residing in the said provinces, dis- '"'■'■'■'"' rupi'i''-. tricts, or countries of Jiengal, ]{ahar and Orissa, U])on anv contract or agrinnent in writing, entered into by any of the said inhabitants, with any of his Majesty's subjects, where the cause of action shall exceed the sum of five hundred current rupees, and when such inhabi- tant shall have agreed in the said contract, that, in case of dispute, the matter shall be deter- mined in the said Supri'me Court of Judical luv, at Fort William in Bengal; and to the end that justice may be administered in the said Siii)reme Court of Judicature, at Fort William in Bengal, with all conveniiiit speed and certain eHecl, our will and pleasure is, and wi' do hereby fintlur grant, ordain and ajjpoinl, that upon any sueh cause of action, as aforesaid, it shall be lawful and competent for anv person whatsoever, by himself or Ids lawful attorney, admitted and inrolled as aforesaid, to prefer to the said Supreme Court of Judicature at Fort Mode of proceeding ^Villiam in Bengal, and file of record, in the said Supreme Court of Judicature at Fort Wil- "' s'"^'' "'••''°"» = 544 [Supreme Court, liani in Bengal, a plaint or bill in writing, containing the cause of action or complaint, where- upon the said Supreme Court of Judicature, at Fort William in Bengal, shall, and is hereby authorized to award and issue a summons, or precept in nature of a summons, in writing, to be prepared in manner above-mentioned, directed to the said sheriff, and containing a short notice of the cause of action set forth in the said plaint, and commanding the said sheriff" to summon the ])erson against whom the said j)laint shall have l>een filed, to appear at some certain time and place therein to be sj)ecified, to answer the said plaint, wliich said precept and the execution thereof, the said sheriff shall duly return to the said Supreme Court of Judicature, at Fort- William in Bengal, and the person or persons, so summoned, shall accordingly appear, and may plead such matter in abatement, bar, or other avoidance of the said plaint, or other- wise, as he or they shall be advised ; and after such appearance, the Supreme Court of Judi- cature at Fort William in Bengal shall proceed from time to time, giving reasonable days to the parties to hear their respective allegations, as justice may require, and examine the truth thereof, upon the oath or oaths (1) of such competent and credible The examination of witnesses as they shall produce respectively ; to which end, we hereby authorize and witnesses on oatli ; empower the said Supreme Court of Judicature at Fort W^illiam in Bengal, at the request of to summon witnesses ; either of the said parties, to award and issue a summons, or precej)t in the nature of a summons, to be prepared in manner before-mentioned, directed to every one of such witnesses, command- ing him or her to ajipear, at a time and place to be specified in such suunnons, to depose his or her knowledge, touching the suit so depending between the parties, naming them, and spe- cifyinrf at whose I'equest such sunmions shall have issued ; and upon the appearance of the said witnesses, or any of them, the said Supreme Court of Judicature, at Fort William in Bengal, may, and is hereby required to order and award to them, and each of them, such rea- reasonable expenses to sonable sum of monev, for his, her, or their expenses, as the said Supreme Court of Judica- be allowed tiiem ; ^^^.^^ ^^ p^^.^, winj.,,,; j,j Bengal, shall think fit, whether such witnesses shall be examined or not, the same to be paid forthwith by the party, at whose request the said summons shall have issued ; and if the said sum of money, so ordered and awarded, shall not be forthwith paid or secured to such witness, to the satisfaction of the Supreme Court of Judicature, at Fort Wil- liam in Bengal, the party, to wiiom it shall belong to pay the same, shall not only lose the payment thereof com. benefit of such witness's testimony, but shall be compelled to pay him or her the money, so pelled; ordered and awarded, by such ways and process as are hereinafter provided, for levying and enforcing the payment and satisfaction of money recovered by judgments of the said Court; and the said Supreme Court of Judicature at Fort William in Bengal is hereby authorized witnesses to be sworn; and empowered to administer, to such witnesses and others, whom they may see occasion to examine, proper oaths and affirmations,(l) that is to say, to such persons as profess the Quakers to affirm. Cliristian religion oath upon the Holy Evangelists of God, and to Quakers affirmations, ac- cording to the form used in England for that purpose ; and to others oaths, in such manner and form as the Supreme Court of Judicature at Fort William in Bengal shall esteem most binding upon their consciences respectively ; and the said Supreme Court of Judicature at Fort ^Villiam in Bengal is hereby authorized and required to reduce, or cause the said depo- sitions to be reduced into writing, and subscribed by the several witnesses, with their name or Witnesses refusing other mark, and to file tiie same of record ; and in case any person or persons, so summoned, to be sworn, or affirm, ^1,^11 refuse, or wilfully neglect to appear and be sworn, or, being Quakers, to affirm, and be examined, and subscribe their depositions, as the Supreme Court of Judicature, at Fort Wil- liam in Bengal, shall appoint, the Supreme Court of Judicature at Fort William in Bengal is hereby empowered to punish such person or persons, so refusing, or wilfully neglecting, as for a contempt, by fine, imprisonment, or other corporal punishment not affecting life or limb. (1) [See 9 Geo. 4, cap. 74, sees. 36 & 37.] Tlie Court to give And we do further give the said Supreme Court of .Judicature at Fort William in Bengal judgment, on liearing full i)ower and authority, upon examining and considering the several allegations of the said the parties, in ease de- paj-tjeg (q such suit, or of the complainant alone, in case the defendant should make default tendant should make i. ., . ' j- »; i • .^ i ^i j •»• r ii •. default after appear- after appearance, or say nothnig, or confess tlie planit ; and tlie depositions of the witnesses ance, or refuse to make produced, swoni and examined in manner above-mentioned, to give judgment and sentence a defence ; according to justice and right ; and also to award and order such costs to be paid by either or any of the parties to the other or others, as they the said Court shall think just. Court to award costs, And we do further authorize and empower the said Supreme Court of Judicature at Fort and may issue writs of Fort William.] 545 \\'illiaiii in Uentral, to award and issue a writ or writs of execution, to be pre]>ared in manner exccutioti, for seizing before-nuntioned, and directed to tin' said sheriff for tlie time hein^, coinmandiiin- liim to seize olTects; and deliver the jKissession of houses, hnid, or otiier things recovered in and bv such jud'i-ment, or to levy any sum of nionev which siiall be so recovered, or any costs whicii shall be so awarded, as the case may require, bv seizing and selling so much of tlie houses, lands, debts, or other effects, real and personal, of the party against whom such writs shall be awarded, as will be sufficient to answer and satisfy the said judgment or award, or to take and im|)ris()n the body of such party or jiarties, until he or they shall make such satisfaction, or to do both, as the case shall require; and we do further order, direct, and appoint, that tliesevei'al debts to be debts so seized to be seized as aforesaid shall, fiom the time the same shall be extended and returned into tiie said l' exigence thereof; and upon tlu' apiiearance of such defendant in and before the said Supreme Court of Judicature at I'ort A\'illiani in Beiioal, we do hereby authorize and empower the said Supreme Court of Judicature at I'ort William in IJeiigal, to commit him to jirison, to the said sheriff, unless or until he shall give security, to the satisfaction of the said Supreme Coiu-f of .ludicature at Fort AVilliam in lUngal, to perform the judgment thereof, and pay all such sum or sums of money as shall be awarded tluTeby ; which security, we hereliv empower the said Court to take, anil thereupon to deliver tlie body of the said defendant upon bail : and if the said sheriff shall return to either of the said u rits of summons, oi- r(/y;/(/.s. thai the 4 A 546 [Supreme Court, defendant is not to be found within the jurisdiction of tlie said Supreme Court of Judicature at Fort William in Bengal, and the plaintiff shall, by affidavit, or, being a Quaker, by affirmation, in writing or otherwise, to the satisfaction of the said Supreme Court of Judi- cature at Fort William in Bengal, make proof, verifying his demand, we do hereby grant, ordain, and apj)oint, that the said Supreme Court of Judicature at Fort William in Bengal shall and may award and issue a writ of sequestration, to be pre})ared in manner above- mentioned, and directed to the said sheriff, commanding him to seize and sequester the houses, lands, goods, effects, and debts of such defendant, to such value as the said Supreme Court of Judicature at Fort William in Bengal shall think reasonable and adequate to the said cause of action, so verified as aforesaid, and the same to detain till such defendant shall appear and abide such order of the said Supreme Court of Judicature at Fort W^illiani in Bengal as if he had appeared on the former process; and the said Supreme Court of Judicature at Fort William in Bengal shall and is liereby authorized and empowered, according to their dis- cretion, either to cause the said goods to be detained in specie, or to be sold, and to give day to such defendant, by proclamation in open Court, from time to time, not exceeding two years in the whole; and if such defendant shall not appear on the last day, which the said Court in their discretion shall think proper to give, it shall be lawful, and the said Supreme Court of Judicature at Fort William in Bengal is hereby authorized to proceed ex-parte, to hear, examine, and determine the said plaint and cause, and give such judgment therein, and award and order such costs as aforesaid ; and if judgment shall in such case pass for the plaintiff, the said Supreme Court of Judicature at Fort William in Bengal is hereby authorized and empower'ed to award and issue a writ to the said sheriff, to be prepared in manner above- mentioned, conmianding him to sell the said houses, lands, goods, effects, and debts, so seized and sequestered, and to make satisfaction out of the produce thereof, to the plaintiff, for the duty so recovered, and his costs, and to return the overplus, if any there be, after satisfying the said judgment and costs, and the expenses of the said sequestration, to such person in whose possession the said effects were seized, or otherwise to reserve them for the said defendant, as occasion shall require : and if such effects shall not be sufficient to produce the sum so to be recovered, and the said costs, the said Supreme Court of Judicature at Fort William in Bengal is further empowered to award and issue such process of execution, for the deficiency, as is heretofore provided for levying money recovered by judgment and costs: and if judg- ment shall, in such last-mentioned case, pass for the defendant, the said Supreme Court of Judicature at Fort William in Bengal is authorized and enijiowered to awartl and order the costs of the said suit, and the expense of the said sequestration, and all the damages occa- sioned thereby, to be paid by the said plaintiff to the said defendant, or his attorney, or the person in whose possession the said effects w-ere seized, and the same shall be levied by such process as is herein provided for levying costs; and the said debts, from the time of their being so seized and extended, and returned into Court, shall be payable in such manner as the said Supreme Court of Judicature at Fort William in Bengal shall direct, and no other. Recital of former And whereas, in and by the said Charter, made and granted by our said royal Grandfather, proceedings, either King George the Second, on the eighth day of January, in the twenty-sixth year of his reign, meTihiiiuiffs oi-°defen'' '*• '^ anionff other things provided, that incase of actions or suits against the said United Com- dants : ' pany, it should be lawful, for the Court thereby established, to issue their summons to the Governor, or President and Council, at Fort Wilham in Bengal, to appear for the said United Company, with further power to issue such process, against the said Company, and their estate and effects, as should be necessary to conijiel the appearance of tlie said Company, and to raise and levy upon tlieir goods, estate or effects, the debt or damages, together with such costs of suit as should he awarded by the said Court ; and that in case of any action or suit, to be brought by the said Company against any other person, it should be lawful for the said Governor, or President and Council, to ajjpear and act for the said Company ; and in case of judgment given against the said Company, and costs awai'ded, the same should be levied by the said Court, upon the goods and effects of the said Company, as by the said Company to appoint Charter may more fully appear: now we meaning also to extend the powers and authorities, ail ;itiorney to act on ],e,.eby given and granted, for the due administration of justice, in the most beneficial man- "^"^ '" ''' ' ner, to all our loving subjects, in the said provinces, districts, or countries, of Bengal, Bahar, and Orissa, do grant, ordain, and appoint, that the said Governor and Council, or their sue- FollT WiLMAM.] 547 cessors, sliall and may, from tiiiK' to time, by tlieir sufficient warrant, to ho filed of record, name and appoint some sufficient person, resident in the said town of Calcutta, to be the attorney of tlie said United C'omjxiny, wlio shall remain and act as attorney to the said United Company, so long as be siiall reside in Calcutta, or until some other fit person, there resident, shall be appointed in bis place, in manner above-mentioned. And if any sucli plaint, as afore- porm of proceedings, said, shall be filed in the said Supreme Court of Judicature at Fort William in Bengal against the said Unitetl Company, the said Supreme Court of Judicature at Fort William in Bengal may, and is hereby enijHJwered to award and issue such summons or jirecept, as afore- said, directed to the said sheriff, commanding him to summons the .said United Company, by their said attorney, to appear at a time and ])lace therein to be specified, to answer the Siiid plaint, and the said sheriff shall serve the same upon the said attorney, and the said attorney shall thereupon appear for the said Com])any ; and if the said United Company shall not appear in manner aforesaid, upon the return of the said writ, the said Supreme Court of Judicature at P'ort AVilliam in Bengal may, and is hereby authorized, upon such default, to award and issue a writ, to be prepared in manner before-mentioned, and directed to the said sherifi', commanding him to seize and sequester such and so much of the estate and effects of the said Companv as, upon the circumstances, the said Supreme Court of Judicature at Fort \Villiam in Bengal shall think fit, to compel the appearance of the said Com})any, at the time and place, which shall be specified for that purpose, in sucli writ of sequestration : and for default of appearance, u|)on tiie retiu-n of such last-mentioned writ, the .said Supreme Court of Judicature at Fort William in Bengal may, and is hereby empowered to issue other such writ or writs of sequestration, from time to time, till the said Company shall duly appear ; and after such appearance, the said Supreme Court of Judicature at Fort William in Bengal shall and may jirocetnl to hear, examine, try and determine, the said action and suits, in man- ner before-mentioned. And if judgment shall be given in such action or suit, against the said Company, the said Supreme Court of Judicature at Fort William in Bengal may, and is hereby einjX)wered to award and order reasonable costs to be paid by the said Company, and to cause the debt or damages and costs, so awarded, to be raised and levied of the estates, goods, and chattels of the said Company, in such manner as is herein-before provided, for execution to be had in other actions and suits. And if the said Governor and Council shall And if tlie Company refuse or neglect, at any time, to make such attorney, the said Supreme Court of Judicature, refuse to appoint an at Fort William in Bengal are hereby empowered and authorized to name an attorney for ""°''"'T' . «'"' <.''»>n 1 • 1 T- • 1 ^. • 1 1 11 • I'l 1 11 4 11 may appoint one, the said L nited Company, against whom jirocess sliall in like manner be awrirded. And the porm of nroccedincs s;iid United Company may also sue in the saiil Supreme Court of Judicature at Fort A\'il- liam in Bengal, in the same manner, and to the same effect, as othei- ))ersons herein-before mentioned ; and if judgment should be given against the said United Company, the said Supreme Court of Judicature at Fort William in Bengal may order reasonable costs to be paid by them to the defendant, and to be raised and levied of their lands, houses, debts, estates, goods, and chattels, in such manner as is herein provided for execution of judgments on other occasions. And if the said ITnited Company, after fnmmon ^"1" t'^^t purpose to issue a summons or precept, prepared in such manner as is before-men- Petit Juries. tioned, and directed to the said Sheriff, commanding him to summon a convenient number, to be therein specified, of such British subjects (1) as aforesaid, to be and appear, at a time and Fort William.] 549 place tliereiii to he specified, and to try the said indictment or inquest. And if any such grand or petit jury, so siinnnoned as aforesaid, sliall refuse or neglect to attend, according to such sunuiions, and be sworn upon in(|uest, we do hereby further empower the said Supreme Court of Judicature at Fort William in Uengal to |)unish tlie said contempt, by fine or impri- sonment, or both And we do further empower the said Supreme Court of Judicature at Fort William in IJengal, in like manner and under the like penalties, to cause all such wit- nesses as justice shall re([uire to be sunnnoncd, and to administer to them and each of them the proper oaths, (2) that is to say, an oath upon the liolv evangelists of God, to such as profess the Christian religion ; and to others, such oaths, and in such manner as fiie said Supreme Court of Judicature at Fort William in Bengal shall esteem to be most binding upon their consciences ; and to proceed to hear, examine, try, and determine the saiil indictments and of- fences, and to give judgment thereu])()n, and award execution thereof, and in all respicts to administer criminal justice, in such or the like manner and form, or as nearly as the condition and circumstance of the place and the ])ersons will admit of, as our Courts of Oyer and Ter- miner and Gaol Delivery do or may, in that part of Great Britain called England. And «e do further authorize antl empower the said Supreme Court of Judicature at Fort W^illiam iii Bengal in like manner to in(piire, hear, and determine, and to award judgment and execution of, upon, and against all treasons, murders, felonies, forgeries, perjuries, trespasses, crimes, misdemeanors, and oppressions, liad, done, or committed, or which shall hereafter be had, done, or committed in the districts, provinces, or countries, called Bengal, Baliar, and Orissa, by any of the subjects of us, ourbeirs or successors, or any other person orper.sons, who shall, at the time of committing the same, have been em])loyed by, or shall have been, directly or indi- rectly, in the service of the said T ^nited Company, or of any of tiie subjects of us, our heirs or successors ; and for that ])urpose to award and issue a writ or writs to tlie said sheriff, pre- pared in manner before-mentioned, conunanding him to arrest and seize the body or bodies of such offenders, and bring him or them to Fort William aforesaid, and him or them to keep, until he or they shall be delivered by due course of law, and to do all other .\cts which shall be necessary for the due atlministration of criminal justice, in such maimer and form, or as nearly as the circumstances and condition of the case will admit of, as oiu' Courts of Oyer and Terminer and Goal Delivery may do in that part of (ireat IJritain called England. And we do further ordain and establish, that in sucii case, it shall not be lawful for such offender to object to the locality of the jurisdiction of the Coiu't, or the grand or petit jury ; but he shall be indicted, arraigned, tried, convicted, and ])unished, or acquitted and demeaned, in all re- spects as if the crime had been connnitted within the said town of Calcutta, or factory of Fort William, or the limits thereof. (1) [For the law as to the eligibility of Juror.s, see 7 (ieo. 4, cap. 37, sees. 1 & 2 ; and 2 & 3 Wm. 4, cap. 117, sec. 2.] (2) [See 9 Geo. 4, cap. 74, .sees. 36 & 37.] And whereas cases may arise, wherein it may be proper to remit the general severity of the law, we do hereby authorize and empower the said Supreme Court of Judicature at Fort William in Bengal to rejirieve anil sus])end the execution of any ca])ital sentence, wherein there shall appear, in their judgment, a proper occasion for mercy, \uitil our pleasure shall be known ; and they shall, in such case, transmit to us, imder the seal of the Suj)reme Court of Judicature at Fort William in Bengal, a state of the siiid case, and of the evidence, and of their reasons for recommending the criminal to our mercy ; and in the mean time they siiall cause such offender to i)e kept in strict custody, or deliver him or her out to sufficient main- prize or bail, as the circumstances shall seem to recjuire. (1) (1) [See Act of Government oi' India, \o. 7 of 1837.] And to the I'nd tliat tiu' said Court of Uecjuests and the said Court of Quarter Sessions, erected and established at Fort AVilliam in Bengal, by the said Charter of our said royal Grandfather, made in the twenty-sixth year of his reign, and the justices, slicriff's, and otiier magistrates, thereby aj)p()iiited for the said districts, may better answer the ends of their re- spective institutions, and act more cimformablv to law anil justice, it is our f\n(her will and |)leasure, and we do hereby further grant, ordain, and otablish, that .-dl and every the said Courts and magistrates shall be subject to the order anil control of the saiil Supremo Court of Piinisliment for nor- atteiulunce of Juries. Witnesses to be sum- moned and sworn. Criminal justice to be administered, as in Courts of Oyer and Terminer in (ireat Bri- tain. I'nlawful for offen- ders to olijcet to loca- lity of tlie Court's ju- risdiction, or to tlie Juries. Offender? to be tried, See. as if tlii'ir crimes had been connnitted in Calcutta. Supreme Couit may reprieve or suspend execution of sentence until the King's plea- sure is known, to whom a state of the ease, &c. is to be sent ; in the mean time Ibc offen- ders may be detained, or delivered on bail. Court of liiquesls and (^tnirler Sessions established by tlie late Charter, anil .lustices, Sheriir>. anil other Ma- ^islr.itcs. Ill be subject to the order and ctni- Irol of the .Supienie Court, as tile loner 550 [Supreme Court, Courts of Great Bri- Judicature at Fort William in Bengal in such sort, manner, and form as the inferior Courts teiTiare to the Court of ^^^^j niagistrates of and in that part of Great Britain called England are by law subject to the may issue writs of order and control of our Court of King's Bencli ; to which end the said Supreme Court of mandamus, certiorari, Judicature at Fort William in Bengal is hereby empowered and authorized to award and issue &c., and punish con- a writ or writs of maiidnnms, certiorari, procedendo, or error, to be prepared in manner above- prlsonment "^ "" """ 'mentioned, and directed to such Courts or magistrates, as the case may require, and to punish any contempt of a wilful disobedience thereunto, by fine and imprisonment. Supreme Court to And it is our fin-ther will and pleasure, and we do hereby grant, ordain, establish and appoint, exercise ecclesiastical that the said Supreme Court of Judicature at Fort William in Bengal shall be a Court of jurisdiction in Bengal, Ecclesiastical Jurisdiction, and shall have full power and authority to administer and execute British subjects, as is ^^'tl''" ^nd tliroughout the said provinces, districts or countries, called Bengal, Bahar, and exercised in the die- Orissa, and towards and upon our British subjects there residing, the ecclesiastical law, as cese of London. the same is now used and exercised in the diocese of London in Great Britain, so far as the Powei- to proceed in circumstances and occasions of the said pi'ovinces and people shall admit or require : and to that all causes, suits, &c. purpose, we give and grant to the said Supreme Court of Judicature at Fort William in Ben- against British sub- gal, full power and authority to take cognizance of, and proceed in all causes, suits and busi- lects of ecclesiastical j^^^^g belonging and appertaining to the Ecclesiastical Court, before the said Supreme Court of cognizance. -..^^ '...^ . ^ ,. Judicature at Fort William in Bengal, in whatsoever manner to be moved, as well at the in- stance or promotion of parties as of office, mere or mixed, against any of oin- British subjects, residing at the said provinces, countries or districts, and which, bv the law and custom of the said diocese of London, are of ecclesiastical cognizance ; and the siiid causes, suits and busi- ness, with their incidents, emergents and dependents, and whatsoever is thereto annexed, and To grant probates of therewith connected, to hear, despatch, discuss, determine, and also to grant probates, under last wills of British the same seal of the said Supreme Court of Judicature at Fort William in Bengal, of the last siibjects dying within ^yJUg ^,^j testaments of all or any of the said British subjects, of us, our heirs and successors, Orissa ■ to^ "commit 'Iv^'^g " ithin the said three provinces, countries or districts of Bengal, Bahar, and Orissa ; and letters of adininistra- to commit letters of administration, under some seal, of the goods, chattels, credits, and tion of intestates. all Other effects whatsoever of such Britisli subjects as aforesaid, who shall die intestate within tlie said three provinces, countries or districts, or who shall not have named an executor, resi- Form of proceedings dent in such districts, or where the executor, being didy cited, according to the form now used therein as iii the dio- for that purpose, in the said diocese of London, shall not appear and sue forth such probate, annexing the will to the said letters of administration, where such person sliall have left a will, without naming any executor, or any person for executor, who shall then be alive, and re- sident within the said three provinces, countries or districts, and who, being duly cited there- To sequester estates unto, will appear and sue forth a probate thereof; and to sequester the goods, chattels, credits of deceased persons; jj,^^| ot],j.j. efiects whatsoever, of such persons so dying, in cases allowed by law, as the same is to allow and reject ac- ^^'^ "i''y "ow be used in the said diocese of London ; and to demand, require, take, hear, ex- counts, amine and allow, and, if occasion require, to disallow and reject the account of them, in such manner and form as is now used, or may be used, in the said diocese of London, and to do all ,,. .._ other things whatsoever, needful and nesessary in that behalf: provided always, and we do ' hereby authorize and require the said Supreme Court of Judicature at Fort William in Ben- gal, in such cases as aforesaid, where letters of administration shall be committed, with the will if an executor appeai-s annexed, for want of an executor appearing in due time to sue forth the pi'obate, to reserve in after letters of admi. such letters of administration full power and authority to revoke the same, and to grant pro- nistration are granted, i^^te of the said will, to such executor whenever he shall duly appear, and sue forth tlie same : and we do hereby further authorize and require tlie said Supreme Court of Judicature at Fort To whom letters of William in Bengal, to grant and commit such letters of administration, according to the course administration are to j-,„^y ii^ej^^ qy which lawfully maybe used in the said diocese of London, to the lawful next of kin of such persons so dying as aforesaid ; and in case no such person then be residing within the jurisdiction of the said Supreme Court of Judicature at Fort William in Bengal, or, being duly cited, shall not appear, and pray the same, to the principal creditor of such person, or such other creditor, as shall be willing or desirous to obtain the same ; and for want of any creditor appearing, then to such other person or persons who shall be thought proper by the said Siqireme Court of Judicature at Fort WilHam in Bengal. .Vdministrators to And we do hereby further enjoin and require, that every person to whom such letters of ad- give security to the ministration shall be committed, shall, before the granting thereof, give sufficient securitv, by junior Justice to the bond, to the Junior Justice of the said Supreme Court of Judicature at Fort William in Ben- gal, for the payment of a competent sum of money, with two or more able sureties, respect Fort Willi. \ M.] 551 beinjr Iiad in tliL- sum therein to be contained, and in the ability of tiie sureties, to the vahie of tlie estate, credits and effects of the deceased ; which bond sliall be dejwsitcd in the said How bond to be kept Supreme Court of Judicature at Fort William in Beniral, anion;n,«, „ v. i n .",,,, ' , ■111. ■ ,■ 1 1 n 1 ■ ■ 1 .r. Directions if it shall case It shall be necessary to put the said bond in suit, for the sake of obtaining the effect be necessary to put tlie thereof, for the benefit of such person or ])ersons as shall a))pear to the said Supreme Court of said bond in suit. Judicature at Fort William in Bengal to be principally interested therein, such person and persons, from time to time, paying all such costs as shall arise from the said suit, or any part thereof, such jierson or ])ersons shall, bv order of the saiil Supreme Court, be allowed to sue the same, in the name of the said obligee, and the said bond shall not be sued in any other manner : and we do hereby authorize and empower the said Supreme Court of Judicature at Fort ^Villiam in Bengal to order that the said bond shall be put in suit, in the name of the said Juiiior Judge, or of his executor, whom we also authorize the said Supreme Court of Judicature in Bengal to name and appoint for that special purpose. And we do hereby authorize the said Supreme Court of Judicature at Fort \\'illiani in Court to appoint re- Bengal to constitute and appoint such, and so many, registrars, proctors, ajjparitors, and other gisters, proctors, Sec. ofiicers, as from time to time there shall be occasion for, and to ilo and perform all other matter anil things, needful and necessary, in or concerning the premises, although, by their own nature, they may recjuire a more special warrant or mandate. And we do hereby authorize and empower the said Supreme Court of Judicature at Fort Court to appoint AVilliam in Bengal to ap|)()int guardians and keepers for infants, and their estates, according {.'"ardiuns of inlanis, to the order and course observed in that part of Great Britain called England, and also »■"' «f i"j«n,' &c. per- guarihans anil keepers of the persons anil estates of natural fools, and of such as are or shall tatos. be ile])riveil of their understanding or reason, by the act of God, so as to be unable to govern themselves and their estates, which we hereby authorize and empower the said Supreme Court of Judicature at Fort William in Bengal to inquire, hear, and determine, by inspection of the ncrson, or by svich other ways and means, by wh.ich the truth may best be discovered and known. And it is our further will and pleasure, and we do lurebv grant, ordain, establish, and Supreme Court to appoint, that the said Supreme Court of Judicature at Fori "William in I5engal shall be a be a Court of Adnii. Court of Admiralt v, in and for the said jirovinces, countries or districts, of Bengal. Bahar, '^'' ■' and Orissa, and all other territories and islands adjacent thereunto, and which now are or ought to be dejiendent thereupon. And we do hereby commit and grant to the said Supremo Tlieir power, and in Court of Judicature at Fort William in Bengal full ])ower and authoritv to take cogni/ancc "'"" "'"scs to pro- of, hear, examine, try, and determine all causes, civil and maritime, and all jiloas of contracts, "'''^' debts, exchanges, policies of assurance, accounts, charter-parties, agnements. loading of shi])s, and all matters and contracts which, in any manner whatsoever, relate to freight, or monev due for shi])s hired and let out, transport money, maritime usury or bottomry, or to extortions, trespasses, injuries, complaints, demands, and matters, civil and maritime, whatsoever, between merchants, owners, and proprietors of shijis and vessels, employed '»■ used within the juris- 552 [Supreme Court, Extent of jurisdic- tion, which is to be ex- ercised as in Great Britain, without the strict formalities of law. diction aforesaid, or between otiiers, contracted, done, bad, or commenced, in, upon, or by the sea or public rivers, or ports, creetis, harbours, and places overflown, within the ebbing and flowing of the sea and high-water mark, within, about, and throughout the said three pro- vinces, countries or districts, of Bengal, Bahar, and Orissa, and all the said territories or islands adjacent thereunto, and dependant thereupon, the cognizance whereof doth belong to the jurisdiction of the Admiralty, as the same is used and exercised in that part of Great Britain called England, together witli all and singular their incidents, emergents, and de- pendencies, annexed and coimexed causes whatsoever ; and to proceed summarily therein, with all possible dispatcli, according to the course of our Admiralty of that part of Great Britain called England, without the strict formalities of law, considering only the truth of the fact, and tlie equity of the case. And we do further commit to the said Supreme Court of Judicature at Fort William in Bengal full power and authority to inquire, hear, try, examine, and determine, by tiie oaths of honest and lawful men, being our British subjects,(l) resident in the said town of Calcutta, and not otherwise, all treasons, murders, piracies, robberies, felonies, maimings, forestalling, extortions, trespasses, misdemeanors, offences, excesses, and enormities, and maritime crimes whatsoever, according to the laws and customs of the Admiralty, in tliat part of Great Britain called England, done, perpetrated, or committed upon the high seas, within the limits and jurisdiction aforesaid; (2) and to fine, imprison, correct, punish, chastise, and reform pai-ties guilty, and all violators of the law, usurpers, delincjuents, contumacious absenters, masters of ships, mariners, rowers, fishers, shipwrights, and other workmen, exercising any kind of mari- time affairs, according to tlie said civil and maritime laws, ordinances, and customs, and their respective demerits; and to deliver and discharge persons imprisoned in that behalf, who ought to be delivered, and to take recognizances, obligations, stipidations, and cautions, as well to our use as at the instance of other parties, and to put the same in execution, or to cause or command them to be executed ; and also to arrest, or cause or command to be arrested, ac- cording to the civil law, and the ancient customs of our High Court of Admiralty, in that part of Great Britain called England, all ships, persons, things, goods, wares, and merchan- dizes, for the premises, and every of them, and for other causes whatsoever concerning the same, wheresoever thev shall be met with or foinid, in or throughout the said districts and jurisdictions aforesaid; and to compel all manner of persons in that behalf, as the case shall require, to appear and answer in the said Court, with power of using any temporal coercion, and inflicting mulcts and penalties, according to the laws and customs aforesaid ; and more- over to com|iel witnesses, in case they should withdraw themselves for interest, fear, favour, or ill-will, or other cause whatsoever, to give evidence to the truth, in all or every the cause or causes above-mentioned, according to the exigencies of the law, and to proceed in such cause or causes, according to tiie civil and maritime laws and customs, iis well as of mere office mixed, or promoted, at the instance of any party, as the case may require ; and to promulge and interpose all manner of sentences and decrees ; and put the same in execution, according to the course and order of the Admiralty, as the same is now used in that part of Great Britain called England. (1) [See 7 Geo. 4, cap. 37, and 2 & 3 Wm. 4, cap 117.] (2) [By 33 Geo. 3, cap. 52, sec. 156, the jurisdiction of the Court is ex- tended to crimes committed upon any part of the High Seas.] Affidavits and aflir- -^"^ "*? '1*^ hereby ordain and appoint, tliat all affidavits taken in the said Supreme Court of mations in the Court Judicature at Fort ^Villiam in Bengal, or before any justice thereof, shall be made on oaths, of Admiralty. administered in such form and manner as is before directed in the case of witnesses to be examined before the said Supreme Court of Judicature at Fort WiUiam in Bengal. (1) And that in all civil cases, the affirmation in writing of a Quaker, which the said Court, or any Justice of the said Supreme Court of Judicature at Fort William in Bengal, as the case may require, are hereby authorized and empowered to take, shall be of the same weight, authority, and effect, as an affidavit upon oath. (1) Provided always, that the several jxjwers and authorities hereby to proceed in maritime causes, and according to the laws of the Admiralty, shall extend, and be construed to extend, only to tiie subjects of us, our heirs or successors, who sliall reside in the kingdoms or provinces of Bengal, Bahar, and Orissa, or some of them, Further power in regard to crimes mari- time. To punish offenders. and to deliver and dis- charge them. Jlay arrest ships, &c. To compel persons to appear, under pe- nalties. Witnesses to answer according to the law, civil and maritime, as is now used in Great Britain. Foin Wi 1,1 I A M.] 553 and to persons who shall, wlu-n the cause of suit or complaint shall have arisen, have been employed by, or shall then have been, directly or indirectly, in the service of the said United C()mj)any, or of any of our subjects. (I) [See 9 Geo. 4, cap. 74, sees. 3G & 37.] And we do hereby reserve to ourselves, our heirs and successors, all amerciaments, fines. Fines, &c. reserved ransoms and forfeitures, to be set and im])osed bv the said Supreme Court of Judicature, at '° ''"^ King. Fort William in Bengal, or otherwise incurred : jirovided always, that it sliall be lawful, and Satisfaction to be we hereby authorize and empower the said Supreme Court of Judicature at Fort AVilliam in ""><*" '" prosceutois Bengal to make such satisfaction to prosecutors of informations or indictments, as to the said "^'y^t '"^^ "'' Supreme Coiut of Judicature at Fort ^^'illiam in Bengal sliall seem reasonable and fit, out of any fine, to be bv them set or imposed, upon any person or persons, wjio shall be convicted on such ])rosecutions. And it is our fiu'tlier will and pleasure, and we do hereby direct, establish and ordain, tliat A|)|)eal allowed to if any person shall find him, her, or themselves aggrieved, by any judgment, decree, order or 'I'e King in Council rule of the said Supreme Court of Judicature at Fort William in "Bengal, in any case what- [^°"\ *'' . .^upfeme •. I 11 1 1 1 i- 1 f 1 • 1 ^1 . 1 ^ 1 • Court, in civil causes, soever, it shall aiul may be lawful tor liim ami them to appeal to us, our lieirs or successors, by petition to that in our or tlieir Privy Council, in such manner and under such restrictions and qualifications Court, as are hereinafter mentioned, that is to say, in all judgments, decrees, or decretal orders, made by the said Su))reme Court of Judicature at Fort \\'illiani in Bengal in any civil cause, the party and ])arties against whom, or to whose immediate jirejudicc, the said judgment, decree, or decretal order sliall be or tend, may, by his or their humble petition, to be preferred for that pur]iose to the said Su|)reme Court of Judicature at Fort ^^'illiam in Bengal, pray leave to ap]ieal to us, our heirs or successors, in our or their Privv Council, stating in such peti- tion the cause or causes of appeal ; and in case such leave to appeal shall be prayed by the party or parties, who is or are directed to pay any sum of money, or to perform any iluty, the said Supreme Court of Judicature at Fort William in Bengal shall, and is hereby empowered to award, that such judgment, decree, ride or order, shall be carried into execution, or that suflncient security shall be given for the performance of the said judgment, decree, rule or order, as shall be most exjiedient to real and substantial justice ; provided always, that where the said Supreme Court of Judicature at Fort William in Bengal shall think fit to order the judgment, decree, rule or order, to be executed, security shall be taken from the other party ~* or parties, for the due performance of such order or decree, as we, our heirs or successors, shall tliink fit to make thei-eupon. And in all cases we will and recpiire, that security slioidd Security on such ap- also be oiven to the satisfaction of the said Supreme Court of Judicature at Fort ^Villiam in peal, for costs and for 1) 1 !• ii i !• 11 I i A 'J c <-! i f T !• . . T,' i. pertDrinaiire of juilir- Jieiigal, lor the payment ot all such costs as the said bujireme Court oi ,1 udicature at Tort i,,e„t_ AVilliam in Bengal may think likely to be incurred by the said appeal, and also for the per- formance of such judgment or order as we, our heirs or successors, shall tliink fit to give or make thereuptm. And upon such order or orders of the said Supreme Court of Judicature at Fort William in Bengal thereupon made, being performed to their satisfaction, tlie said Supreme Court of Judicature at Fort William in Bengal shall allow tlie appeal, and tlie party or ])arties, so thinking him, her, or themselves aggrieved, sliall be at liberty to prefer and prosecute his, iier, or tiieir appeal, to us, our lieirs or successors, in our or their Privy ( 'ouncil, in such mannei' and form, and under such rules, as are observed in appeals made to us from our plantations or colonies, or from the islands of Guernsey, Jersey, Sark, and Alderney. And it is our further will and pleasure, and we do hereby direct and ordain, that in all Supreme Court on such cases the said Sujireme Court of Judicature at Fort William in Bengal shall certify and ^''c';'\''''Jj7'![,5".'.™|"'''.''' transmit, under the seal of the said Su|)renie Court of Judicature at I'"ort AVilliam in Bengal '' '^*"*"'-^* to us, or our heii's or successors, our or their Privy Council, a true and exact cojjy of all the evidence, proceedings, judgments, ilecrces and orders, had or maile in such causes appealed. And it is our further will and pleasure, that in all indictments, inlormations, and criminal ,'" criminal suits the suits and causes whatsoever, the said Supreme Coiu-t of Judicature at Fort \Villiam in Ben- j,""' ' "'."J u,','d™,u[ gal shall have the full and absolute power and authority to allow, or deny, the appeal of the lato the terms, party pretending to be aggrieved, and also to award, ordi'r anil regulate the terms upon which such ap|K>als shall be allowed, in such cases in which the said Sujiniue Court of Jiidicalure at Fort William in Bengal may think fit to allow such appeal. 4 B 554 [Supreme Court, Reservation of power And we do hereby also reserve to ourself, our heirs and successors, in our or their Privy ill the King to refuse (Council, full power and authority, upon the humble petition of any person or persons aggrieved an appea . , ^ judgment, decree or decretal, or other order or rule of the said Supreme Court of Judica- ture at Fort William in Bengal, to refuse or admit his, her, or their appeal therefrom, upon such terms, and under such limitations, restrictions, and regulations, as we or they shall think fit, and to reform, correct, or vary such judgment, decree or orders, as to us or them shall Court to execute seem meet. And we do further direct and ordain, that the said Supreme Court of Judicature judgments and orders ^^ Yort William in Bengal, shall in all such cases conform and execute, or cause to be executed, o us ajesty. ^^^j^ judgments and orders as we shall think fit to make in the premises, in such manner as any orioinal judgment, decree or decretal, or other order or rule by the said Supreme Court No appeals to be al- of Judicature at Fort William in Benoal, should or might have been executed : provided lowed except the peti- always, that no appeal shall be allowed by the said Supreme Court of Judicature at Fort t^Mnfx month^'Ind William in Bengal, unless the petition for that purpose shall be preferred within six months unless the matter shall from the day of pronouncing the judgment, decree or decretal order complained of, and unless exceed 1,000 pagodas, the value of the matter in dispute shall exceed the sum of one thousand pagodas. (1) (I) [On the subject of appeal see 3 8: 4 Wm. 4, cap. 41. By order in Council dated lUth April, 1838, the sum of 10,000 Company's rupees is fi.xed as the minimuin for which an appeal from any Court in India may be preferred as matter of right.] Governor-general Provided also, and we do hereby limit and declare, that the person or persons of the and Council, Chief Governor-general, or of any of the Council, appointed in and by the above-recited Act of and other Justices, not Pai-Hameut, or of the Chief Justice, or any of the Justices of the said Supreme Court of for treascm or felony,''' Judicature at Fort William in Bengal, hereby erected and created, shall not, nor shall any of them respectively, be subject or liable to be arrested or imprisoned, upon any action, suit, or proceeding in the said Court, except in cases of treason or felony ; nor shall the said Supreme Court of Judicature at Fort William in Bengal, be competent to hear, try and determine, any indictment or information, against the said Governor-general, or any of the said Council for the time being, for any offence, not being treason or felony, which the said Governor-general, or any of the said Council, shall or may be charged with having committed in Bengal, Bahar, or Orissa, any thing herein-before contained to the contrary notwithstanding; but in all such cases above-mentioned, wherein a capias, or process, for arresting the body is hereby given and provided, it shall and may be lawful for the said Supreme Court of Judi- thcir goods and estates cature at Fort William in Bengal to order the goods and estate of such persons to be seized may be seized and se- jj,^j sequestered, until he or they shall respectively appear and yield obedience to the judg- ''"'^^ ^^*" ' raent, decree or decretal, or other order or rule of the said Court. Court-room for hold- And it is our further will and jjleasure, and we do hereby direct, ordain, and appoint, that the ing Supreme Court to said Chief Justice, and other Justices, shall respectively assemble themselves, in a prof)er '^'"°^' " ' Court or room, to be by them appointed for that purpose, forthwith after their respective Chief Justice to be arrivals at the said town of Calcutta in Bengal aforesaid ; and before they shall proceed to *'^^''""' execute the above-mentioned powers or authorities, or any of them, the said Chief Justice shall then and there take an oath, in the most solenm manner, that he will, to the best of his knowledge, skill, and judgment, duly and justly execute the office of Chief Justice of the said Supreme Court of Judicature at Fort William in Bengal, and impartially administer Justice in every cause, matter, or thing which shall come before him ; and shall also take the oath of allegiance and supremacy, and make and subscribe the declaration against transubstantiation, in such manner and form as the same are by law appointed to be taken or made in Great Britain, of which oaths a record shall be forthwith made : and we do hereby authorize the said Puisne Justices, or so many of tliem as shall be so assembled, to administer the said I'liisiie Justices to oaths and declarations, and make such record thereof accordingly ; after which the said Puisne be sworn. Justice, or so many of them as shall then and there be present, shall take the like oaths, and make and subscribe the like declarations, only changing what ought to be changed for that purpose, before the said Chief Justice, of which oaths also a record shall be forthwith made : and we do hereby authorize the said Chief Justice to administer the said oaths and declara- tions, and record the same accordingly ; or if the said Chief Justice, or any other of the said Fort William.] 555 Justices, shall he dead, or unavoidably absent, by sickness or otherwise, we do hereby autho- rize the next Justice of the said Supreme Court of Judicature at Fort William in Beni'al, who shall be there present, to take and administer the said oaths, and act, in all respects, as the Chief Justice should have done : and we do hereby further ordain and establish, that all All future Justices and every succeeding Chief Justice and Puisne Justices shall, before he or they be capable of '° be sworn before tliey exercising the said office, resiiectively take, in open Court, tiie like oaths, and make and '^*" ""^ ■ subscribe the like declaration, only changing what ought to be changed for that purpose, whereof records shall be made and filed among the other records of the Court from time to time; and after the said Chief Justice and Puisne Justices, or so many of them as shall then and there assemble and be present, shall have taken the said oaths, and made and subscribed the like declaration, the said Supreme Court of Judicature at Fort William in Bengal shall be proclaimed and publisiied in due manner, and j)roceed forthwith to the execution of the several authorities hereby vested in it. And it is our further will and pleasure, that from and after such publishing and proclaiming Former Charter of of the said Supreme Court of Judicature at Fort William in Bengal, the said Mayor's Court 26 G. 2, to be voia of Calcutta, at Fort William in Bengal aforesaid, granted, erected, and created, by and in the after publication of the above-mentioned Charter, made in the twenty-sixth year of our said royal Grandfather, and ^"P'''^'"'^ Court. also the Court of Record, in nature of a Court of Oyer and Terminer, and Gaol Delivery, erected and created by the said Charter, and all the authority thereby given to the President, or Governor or Council of Fort William in Bengal, to be or act as Commissioners of Oyer and Terminer, and Gaol Delivery ; and every clause and article in the said Charter, which extends or relates to the establishment of the said Mayor's Court of Calcutta, at Fort William in Ben- gal, or the said Court of Oyer and Terminer, and Gaol Delivery, or to the civil, criminal, or ecclesiastical jurisdiction of the said Courts, or any of them, shall cease, determine, and be utterly void,to all intents and purposes whatsoever. Provided alwa^-s, that nojudgment, decree, decretal. Judgments nro- or other order, ride or act, of the said Mayor's Court of C'alcutta at Fort William in Bengal, nounced by the May- or the said Courts of Oyer and Terminer and Gaol Delivery respectively, theretofore legally """'s t'ourt to be in pronounced, given, had or done, shall be thereby avoided, but shall remain in full force and ^' virtue, as if these presents had not been made; nor shall any indictment, information, action, Proceedings depend- - suit, cause, or proceeding, depending in the said Mayor's Court of Calcutta, at Fort William '"S i" tlie Mayor's in Bengal, or in the said Courts of Oyer and Terminer, and Gaol Delivery, be abated or S""",' ^''; ."" ,-" ^^, ■I •! 1 1 1 1 11 1 <■ 1 • 1 ■ 1 1- • • 1 auated, hut translerred amnhilated, but the same shall be transterred, ni then- tiicn present condition respectively, to, to the Supreme Court. and subsist and depend in the said Supreme Com-t of Judicature at Fort William, to all intents and purposes, as if they had been respectively commenced in the last-mentioned Court. And we do hereby authorize and empower the said Supreme Court of Judicature at Fort William in Bengal, to jiroceed accordingly in all such intlictnients, informations, actions, suits, causes, and proceedings, and to make such orders respecting the same, and also respect- ing any sum or sums of money belonging to the suitors, at the said jNIayor's Court of Cal- cutta, at Fort William in Bengal, as the said Mayor's Court of Calcutta in Beng;U, or the said Coiu't of Oyer and Terminer, and (iaol Delivery, might have made, or as the said Supreme Court of Judicature at Fort AVilliam in Bengal is hereby em|)owercd to make, in causes, commenced or depending before the said Supreme Court oi Judicature at Fort Wil- liam in Bengal ; fur which purpose it is our further will and pleasure, that all the records, Recordsof tlie ."Mny- inuniments, and proceedings whatsoever, of or belonging to the said IMayor's Court of Cal- or's Court, &c. to in- cutta, at Fort ^^■illiam in Bengal, or to the said Courts of Oyer and Terminer, and Gaol ''^g',)^''''?;' '" ""^ «"• Delivery, shall be delivered over, deposited, and j)reserved among the records of the said Supreme Court of Judicatun' at Fort William in Bengal j\nd we do hereby authorize and enijiower tlu' saiil Supreme Court of Judicature at Fort I'our tiMins and sit- AA'illiam in Bengal (respect being had to the seasons of the year, and the convenience of the n"K* »ftcr term to be suitors) to settle and appoint proper terms and law days, and days for sittings after term, and "PP*"'"'" '" >'aeliycnr. to proclaim, hold, and adjoiu'ii the sessions of Oyer and Terminer and Gaol Delivery, and Ad- miralty Sessions, a.s to them shall seem iiio>t expediiiit ; proviiled nevertheless, that the said Duration oflcrms and Supreme Court of Judicature at l''ort A\'illiam in Bengal, shall, and tiuy are hereby recpiired iiiti"Bs. to a|)point not less than foin- terms in (he year, lacli term consisting of four wieks at the least in each year, ami sittings afttr each term, each sitting to consist of fourteen days, if tlie busi- ness of the said Supreme Court of Jutlicature at Fort A\'illiam in Bengal, lie not Muiuer 4 I) 2 556 [S LT P U E M E Co U RT, Two sessions to be dispatched ; and that tlie said Supreme Covirt of Judicature at Fort William in Bengal, do held every year. j,^ g^j^)^ yg^j. J^qJ^] two sessions of Oyer and Teminer, and Gaol Delivery. Court to frame rules ■^"'-^ ^^'^ ^^° hereby authorize and empower the said Supreme Court of Judicature at Fort of practice, &c. and William in Bengal, to frame sucii rules of practice, and make such standing orders, for admi- transmit them to the nistration of justice, and the due exercise of the civil, criminal, admiralty and ecclesiastical Pnvy Council for ap- jy,.is[|jction, hereby created, and to do all such other things as shall be found necessary there- ^™^'' " unto, so as the saicl Supreme Court of Judicature at Fort William in Bengal, shall, from time to time transmit the same, under the seal thereof, to us, our heirs or successors, in our Privy Council, for our approbation, control or alteration : and we do hereby reserve to us, our heirs and successors, with the advice of our or tiieir Privy Council, full power and authority to approve, reject, control, or vary the same, and to make such new and other rules of practice, and rules and orders, for the process of the said Supreme Court of Judicature at Fort Wil- liam in Bengal, as to us or them shall appear fit and convenient, which we will and ordain shall be in force, from such time or times as the same shall be respectively transmitted to the said Supreme Court of JudicatiU'e at Fort William in Bengal. All the King's oiK- And we do further hereby strictly charge and connnand all our governors, commanders, cers and subjects to be magistrates, officers and ministers, civil and military, and all oiu' faithful and liege subjects obedient to the Su- ^yhatsoever, in and throughout the said provinces, countries or districts of Bengal, Bahar, and preme ourt. Orissa, and all other lands, islands or territories adjacent thereunto, and which are or ought to be dependent thereupon, that in the execution of the several powers, jurisdictions, and authorities hereby erected, created and made, they be aiding, assisting, and obedient in all things, unto the said Supreme Court of Judicatiu'e at Fort William in Bengal, as they will answer the contrary at their j)eril. In witness whereof. Sec. Letters Patent, establishing a New Court of Judicature at Fort St. George in the Kusi-Itulies, bearing Date the tweiity-sixth day of December, in the forty-first Year of tJie Reign of George the Third, one thousand eight hundred. The recital of various Charters and Acts of Parliament is omitted. After the recital the Cluirter proceeds as follows. Establishment of a Now know ye, that we, upon full consideration of the premises, and of om- especial grace, Court of Record, to certain knowledge, and mere motion, have thought fit to m-ant, direct, ordain, and annoint, be called the Supreme i i ti ^ i j- i !• i ^- i ' {• Court of Judicature at ^"" hy these presents we do accordingly, for us, our heirs and successors, grant, direct, Madras. ordain, and appoint that there shall be, within the settlement of Fort St. George, a Court of Record, which shall be called the Supreme Court of Judicature at Madras. We do hereby create, direct, and constitute the said Supreme Court of Judicature- at Madras to be a Court of Record. To consist of a Chief And we do further will, ordain, and appoint that the said Supreme Court of Judicature at •Tustice and two Puisne Madras shall consist of and be holden by and before one principal judge, who shall be and ■^"*"'^^^- be called the Chief Justice of the Supreme Court of Judicature at Madras, and two other judges, who shall be and be called the Puisne Justices of the Supreme Court of Judicature Their (lualification at Madras ; which Chief Justice and Puisne Justices shall be barristers, in England or Ireland and mode of appomt- of not less than five years' standing, to be named and appointed from time to time by us, our ""*""■ heirs and successors, by Letters Patent under our and their great seal of Great Britain, whilst such seal shall be used, and afterwards under our and their great seal of the United King- dom of Great Britain and Ireland : and such Chief Justice and Puisne Justices, and all and every of them shall hold their said offices severally and respectively during the pleasure of us, our heirs and successors, and not otherwise. Fort St. Geokge.] 557 AirI we do hereby give and grant to our saiil Chief Justice rank and ])retedeiice above and Their rank, before all oin* subjects whomsoever, within the territories subject to the government of Fort St. George aforesaid ; excepting the Governor-general for the time being of the nrc...idency of Fort William in Bengal, and the Governor of Fort St. George for the time being ; and, excepting all such persons as bv law and usage take place in England before our Chief Jus- tice of our Court of King's Bench. And we do hereby also give and grant to each of our said Puisne Justices respectively, according to their respective priority of nomination, rank, and precedence, above ami before all our subjects wiiomsoever, within tlie territories subject to the government of Fort St. George ; excepting the said Governor-general for the time being of the presidency of Fort William in Bengal, and the Governor of Fort St. George for the time being; and excepting our said Chief Justice of our said Supreme Court of Judicature at Madras, and all and every the member and members of the Council there ; and also except- ing all such persons as by law and usage take place in England before our Justices of the Court of King's Bench. (1) (1) [By the Charter of the Supreme Court of Bombay, tlie Chief Justice takes precedence there (jf all persons except the Governor-general and the Governor of Bombay. The Governor of Fort St. George takes precedence of the Puisne Judges at Bombay, as do also the Bishop of Calcutta and the Mem- bers of the Council of Bombay. When the Charterof the Madras Court was granted, there was no Bishop's See in India, and only that of Calcutta at the time of granting the Bombay Charter.] And it is our further will and pleasure that the said Chief Justice and the said I'lu'sne Justices, shall severally and respectively be, and they are all and every of them herel)v ap- „.i^,''^i iurMictmn'ri- pointed to be, justices and conservators of the peace, and coroners within and throughout the milar to the jurisdic- . settlement of Fort St. George, and the town of Madras, and the limits thereof, and the facto- ''"" °[ '!,"^ Kini's ries subordinate thereto, ancl all the territories which now are, or hereafter may be subject to "^'■"''' '" t-'iB'^'"'- or dependent upon the govenmient of .Madras aforesaid ; and to liave such jurisdiction and authority as our .Justices of our Court of King's Bench have, and may lawfidlv exercise, within that part of Great Britain called England, as far as circumstances will admit. And we do further will and ordain that all judgments, rules, orders, and acts of authority or power whatsoever, to be made or done by the said Supreme Court of Judicature at IMadriis f.,,',!^^ to iR'dccided'ljy shall be made or done with and by the concurrence of the said three Judges, or so many or such the majority of the one of them as shall be, on such occasions respectively assembled or sitting as a Court, or of Judges present, with a the major |)art of them so assembled or sitting. Provided always, that in case there shall bi' ™*s"|^'„t™"^^ '" '''^ only two of such .Justices present, and tliey shall be divided in their opinions, the Chief .Tus- tice, if present, shall have a double or casting voice; and if the Chief Justice sliall be absent the matter shall abide the future judgment of the Coiu-t. The provisions respecting- the seal of the Court, its custody and use, are similar to those of the Charter of the Court at h'ort William. Those relating to the amount of salaries are void, they being now regulated by G Geo. 4, cap. 85. And we do hereby ordain, appoint, and declare, that the said salaries shall be in lieu of all fees of office, perrjuisites, eniolmnents, and advantages, wliatsoever ; and that no feesof ollice, perqui.sites, emoluments, and advantages, whatsoever, other than and except thi' said salaries, shall be accepted, receiveil, or taken by such Chief Justice, or the Puisne .Justices, in any manner, or on any account or jiretence wliatsoever. And we do further grant, appoint, and Jtidf;c!! iirnhiliiicd declare, that no Chief Justice, or other Justice of the said Supreme Court of Judicatme at ''■';'" enpiginp !.. uny , ' , . , . ,. 1 1 i- 1 • • 1 • 1 ,!• • 1 1 11 1 Other olhco or eiiiplov- Madras, dunng the tnne ol holdmg and exercismg the said olllces, respectively, sliall he ment, on pain of forfei- ture. 558 [Supreme Court, capable of accepting, taking, or performing, any other office, place, or employment, of any denomination whatsoever, on pain tiiat the acceptance of any such other office, place, or em- ployment, shall be and be deemed, in law, de facto, an avoidance of his office of Chief Justice, or one of the Puisne Justices of the said Supreme Court of Judicature, as the case may be ; and the salary thereof shall cease, and be deemed to have ceased accordingly, from the time of such acceptance of any other office, place, or employment. Nevertheless, in case of one of the Justices of the said Supreme Court of Judicature at INIadras acting as Recorder of Bombay, during a vacancy of such office of Recorder of Bombay, (1) in pursuance of the provision in the said recited Act of the fortieth year of our reign for that purpose contained, or in case all or any of the Justices of the said Supreme Court shall be nominated or appointed by us, our heirs, or successors, commissioners for the trial and adjudication of prize causes, and other maritime questions, arising in India, we ordain and declare, that his or their appointment, as such Justice or Justices of such Supreme Court of Judicature at JIadras, shall not be vacated, nor shall his or their right to his or their salary, as such Justice or Justices of the said Su- preme Court, be affected, by reason of his exercising the office of Recorder of Bombay, (1) or by reason of his or their acting under any such commission as aforesaid, nor shall he or they thereby be disabled from accepting the office of Clrief Justice of the said Supreme Court of Judicature at Madras. (1) [There is now no Recorder of Bombay.] A clause nominating the first Chief Justice and Judges is omitted. Provision as to She- -^^^ "^ Jo further, for us, our heirs, and successors, grant, ordain, and appoint, that the riff. person who shall be the sheriff' at Fort Saint George or JMadraspatnam, at the time of the publication of this our Charter at the presidency of Fort Saint George, shall be and continue the sheriff", until another shall be duly appointed and sworn into the said office. And we do further, for us, our heirs, and successors, grant, direct, and appoint, that the Governor or President and Council of Fort Saint George aforesaid, for the time being, or the major part of them (whereof the said Governor or President, or in his absence, the senior of the Council then residing at Fort Saint George aforesaid to be one) shall yearly, on the first Tuesday in December, or as soon after as ma\' be, assemble themselves, and pi'oceed to th« appointment of a new sheriff' for the year ensuing, to be computed from the twentieth day of December, next after such appointment ; which sheriff", when appointed, shall, as soon as conveniently may be, and before he shall enter upon his said office, take an oath, faithfully to execute his office, and the oath of allegiance, before the Governor, or in his absence, the senior member of the Council there present (who are hereby respectively authorized to administer the same) and shall continue in such office during the space of one whole year, to be computed from the said twentieth day of December, and luitil another shall be duly appointed and sworn into the said office. And in case such sheriff' shall die in his office, or depart from the coast of Coromandel, then another person shall and may, as soon as conveniently may be after the death or depar- ture of such sheriff", be, in like manner appointed and sworn in, as aforesaid, and shall continue in his office for the remainder of the year, and until another sheriff" shall be duly appointed The Sherirs duty anc^ sworn into the said office. And we do further order, direct, and appoint, that the said defined. sheriff" and his successors shall, by themselves or their sufficient deputies, to be by them ap- pointed and duly authorized under their respective hands and seals, and for whom he and they shall be responsible during his or their continuance in such office, execute, and the said sheriff" and his said deputies are hereby authorized to execute, all the writs, summonses, rules, orders, warrants, commands, and process of the said Supreme Court of Judicature at Madras, and make return of the same, together with the manner of the execution thereof, to tlie said Su- preme Court of Judicature at Madras, and to receive and detain in prison all such persons as shall be committed to the custody of such sheriff", by the said Supreme Court of Juclicature at Madras, or by the Ciiief Justice, or any of the said Puisne Justices of the said Court, re- spectively. And tlie Court is And we do further direct, ordain, and appoint, that whenever the said Supreme Court of empowered to cause Judicature at Madras shall direct or awartl any process against the said sheriff, or award any writs, &c. to be direct- process in any cause, matter, or thing, wherein the said sheriff', on account of his being related ed to any ether person .'^ ,, ^. •' o ., i " /. i ,. i n , • i '^ , i , for execution, \There ^^ '''- parties, or any oi them, or by reason oi any good cause oi challenge, which would be Four St. Gjeorge.] 559 allowed against any sheriff' in that part of Great Britain called England, cainiot or ought not the Sheriff is interest- bv law, to execute the same, in every such case the said Supreme Court of Judicature at cd- JIadras shall name and appoint sonic other fit person to execute and return the same; and the said process shall be directed to tlie said person so to be named for that jjurpose, and the cause of such special proceedings shall be suggested and entered on the records of the said Court. I'rovided always, and we liereby ordain and declare, that the said Supreme Court of Judi- Court to fix limiti, cature at IVIadras shall fix certain limits, beyond which the said sheriff shall not be com- l^i'/^^tofbouml to^exl pelled or compellable to go in person, or by his officers or deputies, for the execution of any pcute process, and process of tlie said Court : and upon occasions where the ])rocess of the said ('ourt shall be provision to execute to be executed in any place or jilaces beyond the said limits so to be fixed, we grant, l'.^^!^^'^^"_^ '"^J'""'' '"*"" ordain, and direct, that the Chief Justice, or one of the said Puisne Justices, shall, by order, subject to the revision and control of the said Court, or the said Court shall, upon motion, direct, by what person or persons, and in what manner, such process shall be executed, and the terms and conditions which the party issuing the same shall enter into, in order to prevent any improper use or abuse of the process of the Court. And the said sheriff shall, and he is hereby required to grant his special warrant or deputation to such jjerson or persons, as the said Chief Justice or one of the Puisne Justices, or the said Court, may direct, for the exe- cution of such process. And in tiiat case wc direct and declare, that the said sheriff, his executors or administrators, shall not be res])onsible or liable for any act to be done, in or in any ways respecting the execution of such process, under and by virtue of such special war- rant : and any person or persons, being aggrieved under or by pretence of such special war- rant, shall and may seek their remedy, under any security which may liave been tlirected to be taken upon the" occasion, and which the said Court, or the said Chief Justice, or Puisne Justices, are hereby authorized to direct to be taken. And we do hereby further authorize and empower the said Supreme Court of Judicature Court to admit ad- at IVIadras to approve, admit and enrol, such and so many persons, being ho)id fide, jiracti- vocates and attorneys. tioners of the law in the said Court of tlie Recorder at Madras, at the time of the publication of this our Charter at IMadras, or having been admitted barristers-at-law in England or Ire- land, (1) or having been admitted attorneys or solicitors in one of our Courts at \Vestminster, or being otlierwise capable, (2) according to such rules and qualifications as the said Court shall for that purpose make ant! declare, to act, as well in the character of advocates as of attornics in the said Court ; and wiiich persons, so approved, admitted, and enrolled, as aforesaid, shall be, and are hereby authorized to appear and plead, and act for the suitors of the said Court ; subject always to be removed by the said Court from their station therein, upon reasonable cause. And we do declare, that no other person or persons whatsoever shall be allowed to ajipear and })lead, or act in the said Supreme Court of Judicature at ]\Iadras, for and on the belialf of such suitors, or any of them. Provided always, and we do hereby further ordain and declare, that no person, from and after the date of these our lA'tti-rs Patt'iit, other than the said persons, being lu7ul fide practitioners of tiie law in the saitl Court of the Recorder of Madras, at the time of the'iiublication of this our Charter, shall be capable of being admitted or enrolled, or of practising in tlie said Court, without the licence of the said United Company for that jiurpose first iiad and obtained. (3) (1) [By 3 & 4 Win. 4, cnp. 85, sec. 1 15, the being entitled to practise as an advocate in the principal Coiuts of Scotland is a (qualification fur admis.sion as an advocate for any Court in India.] (2) [In tile Bombay Charter the words "being- otherwise capable" are omitted.] (3) [By 3 & 4 Wni. 4, cap. 85, sec. 115, the Company's licence is unne- cessary.] And we do further authorize and empower the said Supreme Court of Judicature at Appointmrnt of Madras, from time to time, as occ.ision shall require, to ajipoint so many and such clerks, '^^^^^^ '""' """"■ "'*• registers, proctors, and other ministerial ollicers, as sliall be found necessary foi- the adminis- 5C0 [Supreme Court, tration of justice, and the due execution of all the powers and authorities which are and shall be granted and committed to the said Court, by these our Letters Patent. Fees to be settled And we do hereby furtiier authorize and empower the said Supreme Court of Judicature at by the Court, subject Madras to settle a table of the fees to be allowed to such sheriff, attornies, and all other the to the revision of the j.]g,.)^g .,pj ytj^er officers aforesaid, for all and every part of the business to be done by them. Governor of Fort St. . . • ■ ,- i i i i ' • j /-. r -v o • /-i • • George in Council. respectiyely, Aviiich lees, when approved by the said (jovernor oi I'ort feaint Ijeorge, in Council (to whom we hereby oive authority to review the same,) the said sheriff, attorney.s, clerks, and other officers, shall and may lawfully demand and receive. And we do further authorize the said Supreme Court of Judicature at JMadras, with the like concurrence of the said Governor in Council, from time to time, to vary the said table of fees, as there shall be A true copy of the occasion. And it is our further will and jileasiire, and we do hereby require and enjoin the table of fees to be said Court, within one year after these our Letters Patent shall have been published at Madras transmitted to the pre- J^fQ|•pg!^i^|^ ;,ij(l within one month from the said settling and allowance of the said table of fees, Commissioners for the ^o certify, under their several hands and seals, and to transmit to the President of the Board affairs of India, to be of Commissioners for the Affairs of Lidia, to be laid before us, our heirs, and successors, for laid before the Knig q^j. g„(] their royal approbation and correction, a true copy of the said table of fees, together conection' ' with the approbation of the said Governorin Council, and also any variation of the said table, to be made as aforesaid, within one month after the same shall have been so varied. And we further direct and appoint, tliat the said table, and the said alteration and variations thereof, fand if any alteration or variation shall be made) shall be hung up in some consjiicuous part of the hall or place where the said Supreme Court of .Judicature at Madras shall be publicly holden. The iuiisdietiou of And we do further direct, ordain, and appoint, that the jurisdiction, powers, and authorities the Court defined. ,)f the said Supreme Court of Judicature at j\Lidras, shall extend to all such persons as have been heretofore described and distinguished in our Charters of justice for ^ladras by the appellation of British subjects, wlio shall reside within any of the factories, subject to, or de- ])endent upon, the Government of Madras; and that the said Court shall be competent and effectual, and shall have full ])ower and authority to hear and determine all suits and actions whatsoever against any of our said subjects, arising in territories subject to, or dependent upon, or which hereafter shall be subject to, or de))endent upon, the said Government, or within any of the dominions of the native princes of India in alliance with the said Govern- ment, or against any person or persons who at the time when the cause of action shall have arisen, shall have been employetl by, or shall have been directly or indirectly in the service of the said United Company, or any of the said subjects of us, our heirs, or successors. And the said Court hereby established shall have like power and authority to hear, try, and determine all, and all manner of civil suits and actions which, by the authority of any Act or Acts of Parliament might have been heard, tried, or determined by the said Mayor's Court at Madras aforesaid, or which may now be heard, tried, oi- determined by the said Court of the Recorder of Madras, and all powers, authorities, and jurisdictions, of what kind or nature soever, which by any Act or Acts of Parliament may be, or are directed to be exercised by the said Mayor's Court, or by the said Court of the Recorder of Madras, shall and may be as fully and effec- tually exercised by the said Supreme Court of Judicature at Madras, as the same might have been exercised and enjoyed bv the said Mayor's Court, or by the said Court of the Recorder at Madras. As to the inhabitants -And we do hereby further direct and ordain that the said Supreme Court of Judicature at oi Madras. IVLadras shall have full power to hear and determine all suits and actions that may be brought against tlie inhabitants of Madras. Yet nevertheless in the cases of Mahomedans or Gentoos, their inheritance and succession to lands, rents and goods, and all matters of contract and dealing, between party and party, shall be determined, in the case of the Mahomedans, by the laws and usages of the Mahomedans ; and where the parties are Gentoos, by the laws and usages of the Gentoos, or by such laws and usages as the same would have been determined by if tlie suit had been brought and the action connnenced in a Native Court ; and where one of the parties shall be a Mahomedan or Gentoo, by the laws and usages of the defendant. And in all suits so to be determined by the laws and usages of the said natives, the said Court shall make such rules and orders for the conduct of the same, and frame such process for the execu- tion of their judgments, sentences, or decrees, as shall be most consonant to the religion and manners of tlie .said natives, and to the said laws and usages respectively, and the easy attain- Fort St. George.] 561 mcnt of the ends of justice. Anil in all cases such means shall be adopted for compellinn; the apjjearanceof witnesses and takin;^ their examination, as shall he consistent witli tlie said laws and usages, so that all suits may be conducted with as much ease, and at as little expense as shall be consistent with tlie attainment of substantial justice. Provideil always, and we do hereby declare, that nothing in this Charter shall extend, or be Certain persons not construed to extend, to subject the person of the Governoi--general of Fort William, or the 'o l>e arrested, person of the Governor or any of the Council at the said settlement of Madras, or the person of the Chief Justice, or any of the .Justices respectively for the time being, to be arrested or imprisoned in any suit, action, or jiroceeding in the said Court ; nor shall it be competent for the said Court to hear or determine, or to entertain or exercise jurisdiction in any suit or ac- tion against the Governor-general of Fort William, or the Governor or any of tlie Council of tiie said settlement, (1) for or on account of any act or order, or any other act, matter, or Certain cases in thing whatsoever, connnitted, ordered, or done by them in their public capacity, or actino- as which the Court shall Governor-general, or Governor and Council ; nor shall the said Coiu't have or exercise any r"' *"" ""^ J^'n^l^e- jurisdiction in any matter concerning the revenue imdcr tlie management of tiie said Governor and Council resjjectivelv, either within or beyond tiie limits of the said town, or tlie forts or factories subordinate thereto, or concerning any act done according to the usage and practice of the couiitrv, or the regulations of the said Governor and Council. And we fm-ther will and declare tliat no person shall be suliject to the jiu-isdictiim of the said Court, for or by reason of being a land-owner, land-Iiolder, or farmer of land, or of land rent, or for receiving a pen- sion or payment in lieu of any title to or ancient possession of land, or land rent, or for re- ceiving any compensation or share of profits for collecting rents payable to the jniblic out of such lands or districts as are actually farmed by himself, or those wiio are his under tenants, by virtue of the farm, or for exercising within the said lands or farms any ordinary oi- local authority, commonly annexed to the possession or farm thereof, or for or bv reason of his becoming security for the ]iayment of the rents reserved, or otherwise payable out of any lands or farms, or farms of lands within the dominions subject to the siud government of ?%Iadras. And no person, for or by reason of his being employed by the said Company, or the Governor and Council, or by any person deriving authority under them, or for or on ac- count of his Ixing emjiloyed by a native, or the descendant of a native of Great Britain, shall become subject to the jurisdiction of the said Court, in any matter of iniieritanee or succession to goods, or lands, or in any matter of dealing or contract between party and jiarty, except in actions for wrongs or trespasses only. And provided also, and we do fiu-ther declare tliat no action for wrong or injury shall lie against any person whatever, exercising a judicial office in any country Court, for any judgment, decree, or order of such Court, or against any person for any act done by or in virtue of the order of such Court. And in ca.se any information is intended to be brought against any such person or officer, the same shall be brought and pro- ceeded in in the same manner, and to all intents and purposes in tlie same form, and to the same effect, as such informations are directed to be proceeded in before the Su))reiiie Coiu't of •Judicature ;it Calcutta iu Heiigal by an Act jiassed in the twenty-first year of our reign, en- titled, "An Act toex])lain and amend so mueli of an .\ct made in the tiiirteentli year of the reign of his jn'esent Majesty, entitled an Act for establishing certain regulations for the better management of the affairs of the East-India Coni])any, as well in India as in Europe, as re- lates to the administration of justice in Ik-ngal, and for the relief of certain persons imprisoned at Calcutta in Bengal, under a judgment in tiie Supreme Court of .Judicature, and also for in- demnifying tlie (iovernor-geiieral and Council of Bengal, and all ollicers who have actey any oi the • 1 X 1 • 1 1 J •., 1 1 ■ ■ Kings »ub)i'cts 111 the tions, misuemeanors, trespasses, wrongs, and oppressions, had, done, or committed, or which territories of forei-n shall hereafter he had, done, or committed, hy any of our suhjects, in any of the territories princes, subject to, or dependent ujwn the government of Madras, or within any of the territories wliieli now are, or hereafter may be, subject to, or dependent upon the said government, or within any of tlic dominions of the native jirinces of India in alliance with the said govern- ment ; and for that jiurpose to award and issue a writ or writs to the said sheritf, prepared in manner before-mentioned, conmianding him to arrest and seize tiie body or bodies of such offender or offenders, and bring him or them to Fort St. George aforesaid, and iiim or tliem to keep, until he or they shall be tlelivered by due course of law, and to do all other acts which sliall be necessary, as well for tlie due administration of criminal justice, as for aiiy other ])urposc or purposes, in as ample manner and form as might have been done by the Court of Oyer and Terminer at Fort St, George, as established by the said Charter of Justice, so granted as aforesaid by our said royal grandfather, or by the said Cliarter so granted by us as herein-l)efore mentioned, or by virtue or under the authority of any Act or Acts of Par- liament relative thereto, and in such manner and form, as nearly as the circumstances and condition of the case will admit of, as our Court of Oyer and Terminer and Gaol Delivery may do in that part of (ireat Britain called England. And we farther ordain and establish, that in any case it shall not be lawful for any offender to object to the locality of the juris- diction of the Court, or of the grand or petit jui'y summoned as hereby directed ; but he shall be indicted, arraigned, tried, convicted and piuiislied, or acquitted or demeaned, in all respects as if the crime had been conmiitted within Fort St. (xeorge or the town of Madras, or the limits tiiereof, or the factories subordinate thereto. Provided always, and we do hereby declare, that the said Court shall not be competent to Exception of tlie- hear, trv, and determine, any indictment or information against the Governor-general of Fort Governor and (uuneil Willian"i in Hengal, or the Governor, or any of the Council of Fort St. CxeoiW, (1) not bein-- "' ' "" "^t- t^eoige, in <■ * *■ 1 1 • 1 .1 /^ ■ 1 /- f.i /' -1 I 11 •'^ certain e.ise?. from ilie tor treason or felony, which tlie Governor-general, or Governor, or any or the C ouncil shall or criminal jntisdiction. may be charged with having committed within the jiu-isdiction of the same. (1) [In the Bombay Charter the excepted persons are the Governor-gene- ral, the Governor of Fort St. George, the (lovernor of Bombay, and the Mem bers of the Council of Bombay.] A clause, not inserted here, gives the Court a power of reprieve and suspen- sion of the execution of sentence, similar to that pos.sessed by the Court at Fort William. Sec the Charter of that Court and a note thereon. After clauses conferring ecclesiastical Jurisdiction and making provision for administration by executors, next of kin, or creditors (as at Fort William), the Charter proceeds thus : And for want of any creditor appearing, then to tlie Itegister of the said Court, in such manner, and subject to such power of revocation as in and by the saiil recited Act of Parlia- ment, passed in the fortieth year of our reign, is for that purpose provided. (1) (1) [The Charter of Bond)ay refers also to the o.'i Geo. 3, cap. 84.] The provisions for taking and enforcing seciu ity in the case of administrators do not differ essentially from those at Fort William ; but the bond required by 5G6 [SupiiEME Court, administrators is to be given to the Registrar or Chief Clerk instead of the Junior Judge. The next clause is ihe following : d whereas many persons possessed of, or entitled to, money or effects within the limits • iurisdiction hereby given to the said Supreme Court of Judicature at Madras, may die The Court may grant An d administration of ef- of the fects at the settlement, j^^ other parts or countries, in aid therefore of the executors or next of kin and creditors of who^ died' o^utTf' the the persons so dying not within the said limits, we further, for us, our heirs and successors, settlement. grant and ordain, that the said Supreme Court of Judicature at Madras shall and may grant such probates of wills, and letters of administration of any person dying out of the limits of the said iurisdiction, and leaving effects within the said limits, as the said Court is authorized to o-rant in case of a person dying within the said limits, so far as may relate to such money or effects, as the person so dying was possessed of or entitled to at the time of his decease, within the limits of their said jurisdiction, and no fiirther. By clauses, which it is not necessary to insert, Admiralty jurisdiction is con- ferred similar to that given to the Supreme Court at Fort William, as enlarged by the 33 Geo. 3, cap. 52. Power for the Court And we do hereby further will, ordain, and declare, that it shall and may lie lawful, to and to appoint Commis- f^. (i,g g^jj Supreme Court of Judicature at Madras, in any part of its jurisdiction, whether sioners to take affida- ^^j^^j^j^,^ ]^,^.^ ecjuitv, ecclesiastical or admiralty, by commission or commissioners, under the ' "^ ■ seal of the said Court, to authorize and apjioint any fit or proper person or persons, either o-enerally, or in any particular case, or for one or more turn or turns only, to receive the ac- knowledo-ments of recognizances of bail and bail process, and to administer oaths for the justification of bail, and for the taking of any affidavit or affirmation, or for receiving and taking the answer, plea, demurrer, disclaimer, or examination of any party or parties to any suit, or for the examination of any witness or witnesses, upon interrogatories, either de bene esse or in chief, or anv other occasion, and for the swearing executors and administrators in any suit, matter, or proceeding, whicii may be pending, or about to be instituted in the said Court, upon such occasions as the said Court shall thinkfit to issue such commissions. And we direct and ordain, that such connnission and commissions, so to be issued, shall respec- tively be executed, acted under, and returned, if the same shall require any return, in such manner and form as such matters are usually transacted by connnissions, general or special, issued out of our Court of King's Bench at Westminster, or our High Court of Chancery, or the Ecclesiastical Court of the Diocese of London, or our High Court of Admiralty in England, respectively. Provided always, that nothing herein contained siiall extend to authorize or empower the issuing of any commission or connnissions, for the examination of any witness or witnesses, upon any indictment or information for any offence whatsoever, to be tried and determined by and before the said Court. . ^ And we do further will and ordain, that all the monies, securities, and effects of the securities to he'dppo- suitors of the said Court, which shall be ordered into Court, or to be paid, delivered, or de- sited with the Compa- posited for safe custody, shall be paid or delivered unto, or deposited with the Governor, or ny's cash. President and Council at Fort St. George, to be by them kept, and deposited with the cash and effects of the said Company, subject to such orders and directions as tiie said Supreme Coiu't of Judicature at Madras shall from time to time think fit to make concerning the same, for the benefit of the suitors : the said United Company being responsible for the said monies, securities, and effects, in such manner, and subject to the same exceptions, as is men- tioned in the said in part recited Charter of our said royal grandfather, with respect to the monies, securities, or effects, to be deposited with the said Governor, or President and Coiuicil, under the authority of the Mayor''s Court thereby erected. . , „„ And we do, for us, our heirs, and successors, give and srant unto the Court of Directors .\n accountant-f?e- ,-^ ' ^ ' ?o o .... neral to be appointed of the said Company, or the major part of them, full power and authority, from time to tmie, hy the Court of Direc- to name and appoint an officer, under tiie name of the Accountant-general of the Supreme ^°"- Court of Judicature at Madras, and the same at their ]ileasure to remove, and another to ap- point, who shall act, perform, and do all matters and things necessary to carry into execution the orders of the said Court, relating to the payment or delivery of the suitors' money, effects, FoHT St. George.] 567 and securities, unto the Governor, or President and Council of the said T^nited Company of Fort St. George, and taking tlie same out again, anil keeping tiie accounts witli the said Governor and ('ouneil, and Register, of tiie said Supreme Court of Judicatmv at Madras, and other matters relating thereto, under such rules, metiiods, and directions, as siiall from time be made and given, under tlie hands of tliirteen or more of the Coiu't of Directors of the said Company ; which rules, methods, and directions, we will and direct, sliall be according to such rules, methods, and directions, as are observed by the Accountant-general of our High Court of Chancery in Great Britain, or as near thereto as may be, and as the situation and circumstances of afFiiirs will permit. By a clause following the above, Courts of" Requests and Quarter Sessions are brought under the jurisdiction of the Supreme Court, as at Foit William. Other clauses, giving-, restricting, and regulating the power of appeal, cor- respond with those in the Charter of the Supreme Court at Furt William, as also those directing the Chief Justice and Judges to be sworn. By others, the Charter of the Recorder's Court is revoked, and the transfer of its authorities and records ordered. The following clauses succeed: And it is our further will and pleasure, and we do iiereby authorize and empower the said Court to settle nro- Suprenie Court of Judicature at Madras (respect being had to tiie sea.sons of the year and per terms, &c. the convenience of the suitors) to settle and appoint proper terms and law days, and days for sittings after term, if necessary, and to change and vary such appointments as occasion shall require, and to ])roclaim, hold, and adjourn the sessions of Oyer and Terminer and Gaol De- livery, and Admiralty Sessions as to tiiem severally shall seem most expedient. Provided nevertlieless, that the said Court shall, and is hereby rei[uiied,in each year to hold The Oyer and Ter- at the least four sessions of Oyer and Terminer and Gaol Delivery, within and fur its limits, miner slmil be held and more if the same shall be found necessary for the convenience of tlie said settlement of f'J"'' t'mes a year. Madras, and the ends of |)ublic ju.stice. Provided also, and it is our furtiier will and pleasure, and we do hereby rc(|ui re and enjoin Hules to be tmns- the said Court, as soon as any rules sliall have been made for theapjiointment of terms, or law """<^ hereby given and provided ag.iinst otlu'r ])i'isi)ns, it >.liall and may be lawful for the said ('ourls hereby established, respectively to onler the goods and estates of such persons so exempted from arrest and iinprisonnient ns aforesaid, to be seized and sequestered, or sold, if need be, until he or they respectively shall apjiear and yield obedience to the judgment, decree, or decretal, or other order or rule of the said Court. (1) [In the Bombay Charter the Governor-general, the Governor or Fresident of Fort Saint George, the Governor or President of Bouibav, the Councillors of Bomliay, the Chief Justice and I'uisue Judgosof lioinhav.] 568 [Supreme Court, Provided always, aad we do hereby direct and declare, tliat all offences connnitted by, or charged upon the said Chief Justice or any of the Puisne Justices of tlie said Supreme Court of Judicature at Madras, respectively shall be heard, tried, and determined in the same man- ner as if tlie same were committed by, or charged upon any of the Judges of the Supreme Court of Judicature at Calcutta. General clause as to And it is our further will and pleasure, and we do hereby grant and declare, tlie said powers of tlie new Supreme Court of Judicature at Madras shall have full power and autiiority to hear, try, and Courts to try all causes (Jetermine all and all manner of suits and actions, either civil or criminal, which by the autho which may now be . « . . ,. r. i- i i i • p ■ i t ^^ ^^ <. tried at Fort St. George, '"'ty of any Act or Acts ot Parliament, or under the autlionty ot our said L,etters Patent ot the thirty-eighth year of our reign, may now be tried or determined by the said Court of the Recorder at Madras; and that all powers, authorities, and jurisdictions, of what kind or nature soever, which bv any Actor Acts of Parliament, or by the said Letters Patent, may be or are directed to be exercised by the said Court of the Recorder of Madras, shall and may be as fully and effectually exercised by tlie said Supreme Court of Judicature at Madras, as the same might have been exercised and enjoyed by the said Court of tlie Recorder of Madras. Grants of fines to the And furthermore, we, of our further especial grace, certain knowledge, and mere motion, East- India Company. l,ave given and granted, and by these presents, for us, our heirs, and successors, do give, grant, and confirm, unto the said United Company of Merchants of England, trading to the East-Indies, and their successors, all such fines, amerciaments, forfeitures, penalties, or parts of penalties, and sums of money, wliatsoever, as have heretofore been ordered, charged, adjudged, set, imposed, or awarded, upon or against any jiersou or persons whomsoever, in or bv any Court of Justice or person at ^Madras, having lawful authority to order, charge, adjudge, set, impose, or award the same ; and all such fines, amerciaments, forfeitures, penalties, or parts of penalties, and sums of money, which licreafter, during all the residue of the term of the continuance of the said United C'ompany*'s exclusive trade, shall be ordered, adjuged, set, imposed, or awarded, upon or against any person or persons whatsoever, in or by the said Court, hereby established, or bv any Court of Oyer and Terminer and Gaol Delivery, or General Court of Quarter Sessions, or bv any of the Justices of the Peace, Commissioners of Oyer and Terminer or Gaol Delivery for the said presidency of ]\Iadras, or any of them, or by any person or persons there, having lawful authority to order, charge, adjudge, set, impose, or award the same, for or by reason of any offences, misdemeanors, defaults, con- tempts, neglects, or forfeitures, whatsoever, to have, holcf, receive, levy, sue for, recover, and enjoy the same, to the said United Company and their successors, for ever, ia as large and ample manner, to all intents and purposes, as we, our heirs, or successors, could or might have had held, received, levied, sued for, recovered, and enjoyed the same, if these presents had not been made, without any account, or otlier matter or tiling to be rendered or paid for the same, unto us, our heirs, or successors ; subject, nevertheless, to the several powers and authorities by these our letters granted to, or vested in, the said Court, hereby established, to discharge, mitigate, or set over, any of such fines, amerciaments, forfeitures, penalties, or sums of money, respectively, according to the true intent and meaning hereof. Power for the Courts Provided always, nevertheless, that it shall and may be lawful, and we hereby authorize to make satisfaction and empower the "said Supreme Court of Judicature at" Madras to make such satisfaction to to prosecutors out of ' c ■ c ■ ■ i- i • i /-. in , i i /. fines. prosecutors ol informations or indictments, as to tlie said Court shall seem reasonable and fit, out of any fine or fines to be set or imposed upon any person or persons who shall be con- victed u]5on such proceedings, respectively, and to order and direct such satisfaction to be paid accordingly, as hereinafter directed. Power given to the And we do hereby, for us, our heirs, and successors, give and grant unto the said Company, to recover the fines. "^ ^'''^ power and authority to sue for, recover, and levy, all and every the said fines, amercia- ments, forfeitures, penalties, and sums of money, by any action or actions of debt to be brought in tlie said Court, hereby established, or by such other suits, actions, ways, means, and proceedings, as may be lawfully had and prosecuted in the said Court, in their corporate name, or by any other lawful ways or means, either in the name of us, our lieirs, or suc- cessors, or of the said United Company of IVIerchants of England trading to the East-Indies, or their successors ; and to collect, take, seize, and levy the said fine, amerciaments, forfeitures, penalties, and sums of money, in and by these presents granted, or mentioned to be granted, from time to time, by the proper officers and ministers of the said United Company of Mer- chants of England trading to the East-Indies, and their successors, to the only proper use Bombay.] 569 and behoof of tliein and tlieir successors, without any writ, warrant, or otlitr jiroccss of the Excliequer, of us, our heirs, and successors, or any otlier Court or Courts, wliatsocver and wheresoever to be had and obtained in tliat behalf, any usage or custom to the contrary thereof, in anywise, notwithstanding : subject, nevertheless, to such orders as the said Court, hereby establislied, sliall respcctivelv make, in favour of prosecutors, as hcrein-bcfore directed. And we do hercbv, for us, our heirs and successors, direct, authorize, and command the Chief Justice, and other Justices of tiie said Court liereby established at j\Iadras, and all Justices of the Peace, Connnissioners of Oyer and Terminer and Gaol Delivery, now and for the time being, all sheriffs and otlier officers and ministers and others tlierein concerned respectively, by virtue of these our Letters Patent, to cause to be paid over to tiie said I'nited Company of Aterchants of England trading to the East-Indies and their successors, from time to time, all sucli fines, amerciaments, forfeitures, penalties, and sums of money as shall be set or imposed upon, or he forfeited, or accrueil due, l)y or from any per>()n or jjcrsons as afore- said : and the same shall be paid or satisfied by such jierson or persons accordingly, or otlier- wise shall and may be recovered and levied by any of the ways and means before-mentioned : subject, nevertheless, to such orders as shall be made for the satisfaction of jirosccutors as herein-before directed. And we do by these presents, for us, our heirs and successors, declare and grant, that such payments, so to be made, shall be as full and sufficient a discharge, to all intents and purposes, to the said Chief .Justice, and other Justices of the said Supreme Court of Judicature at IMadras, Justices of the Peace, Connnissioners of Oyer and Terminer and Gaol Delivery, and the said respective officers and ministers, and all and every otlier person and persons, as if such ])ayments had been made to us, our heirs and successors, at the receipt of our or their exchequer. And to the intent that the ends of justice may not be frustrated or delayed by the want of Piwision for reco- a due remedy to enforce the payment of the said fines, amerciaments, forfeitures, penalties and ^'^'■y of fines, sums of money, we hereby will and direct, that the Commissioners of the said Court of Oyer and Terminer and Gaol Delivery, and the Justices of the Peace in their Courts of Quarter Sessions shall, by themselves, or by the proper officers of the said Court, in every term next after the holiling of the said Courts respectively, deliver into the said Court hereby esta- blished, upon oath, an estreat roll of all fines, amerciaments, forfeitures, penalties and sums of money, which shall have been set, imposed, lust, or forfeited, by any person or jiersons whatsoever, at or by or before the said Courts, or any of them, or by or before any of tlie said Connnissioners or Justices of the Peace, during the time of the holding any of the said Courts of Oyer and Terminer and Gaol Delivery, or Quarter Sessions, at any perioti suliscquent to the time when thi' next preceding Courts aforesaid were last holden resjiectivel}'. And that it shall and may be lawfVd for the said Court iierebv established to award and issue such pro- cess against tlie jiersons liable to the payment thereof, in order to the recovery of the same, in aiil and for the use of the said Company, or otherwise, according to tiie circumstances of the case, to discharge or mitigate the same, as our Court of Exchetpier in England, or the Chancellor and ]?arons thereof may or can lawfully do upon estreats of the green-wax' in England ; witii power also to the said Court hereby establi-shed, by any rule or order, to cause a share or proportion of any fine imjiosed on any person or persons, for any delinquency or misdemeanor prosecuted to judgment, to be paid over to the jirosecutor, towards deiraying his expenses occasioned thereby, as such Court shall, in its discretion, think fit or expedient. In conclusion, all the King-'s officers and subjects arc required to he aiding, assi.sting, and obedient, as in the Charter of Furt William. Letters Patent, cst(i/>li.s/uiii( the SuprcDic Court of Jtidicdtiiir nt 1iomba>i, in the East-Indies, Ocari/ig Dale the eighth 1) a ii of December, in the fourth War (f the Re/L(n ofdeoro-e the luiurlh , one thoiisund ci'j;lil hundred m/d lu-eiifi/-lhree. These Letters Patent correspond ahnost entirely with those establishing tlie Supreme Court at INIadras. Any points of difterencc deserving notice have been referred to in the notes upon that Cliarter. 570 [Court of Judicature, Letters Patent, establishing the Court of Judicature at Priuce of Wales' Island, Singapore, and Malacca, in the East-Indies, bearing Date the twenty seventh Day of November, in the seventh year of the reign of George the Fourth, one thousand eight hundred and twenty-six. Court of Judicature of Prince of Wales' Island established. To consist of tlie Governor and the resi- dent counsellor, and one other judge, to be called the Recorder of Prince of Wales' Is- land. Their rank. These Letters commence by reciting various Charters and Acts of Parliament. It is also recited, that the East-India Company, having annexed Singapore and Malacca to Prince of Wales' Island, had petitioned the Crown to accept the surrender of the Charter of the former Court of Judicature of Prince of Wales' Island, and to grant a new one, with which prayer the Crown was pleased to comply. The clause following succeeds to the recital : Now we, having considered the premises, of our special grace, certain knowledge, and mere motion, l)ave given and granted, and by these presents do, for us, our heirs, and successors, give and grant unto the said United Company and their successors, and by these presents we, for us, our heirs and successors, do grant, direct, ordain, and appoint, that there shall be within the settlement of Prince of Wales' Island, Singapore, and IMalacca, and the places now, or at any time to be, subordinate or annexed thereto, a Court of Record, wliich shall be called " The Court of Judicature of Prince of Wales' Island, Singapore, and Malacca." And we do hereby erect, create, and constitute the said Court of Judicature of Prince of Wale.s' Island, Singapore, and Z\Ialacca, to be a Court of Record. And we do further will, ordain, and appoint, that tlie said Court of Judicature sliall con- sist of, and be holden before, the Governor or President and tlie resident Counsellor for the time being, of the station where the said Court shall be held, as two of the Judges of the said Court, antl before one other Judge, who shall be called " the Recorder of Prince of Wales' Island, Singapore and Malacca,'' and which Recorder shall be a barrister in England or Ire- land of not le=s than five years' standing, to be named and appointed from time to time by us, our heirs and successors, by Letters Patent under our and their great seal of the United Kingdom of Great Britain and Ireland. And we do ordain, that the said Governor or President, and the resident Counsellor of the station where the said Court shall from time to time be held, shall at all times be Judges of the said Court, and shall hold their said offices of Judges, severally, during all such time as they shall severally liold and exercise the offices of Governor or President and Counsellor, respectively, of the said settlement. Provided always, and we hereby declare, that in case at any time there shall be more than one Counsellor present at either of the said stations, besides the Governor or President, then that the Governor or President and the resident Coun- sellor only, if he shall be thei'e, shall be Judges of the said Court ; and if the resident Coun- sellor shall not be present, then that the Go\ernor or President and tlie senior Coimsellor pre- sent, according to his rank in the said Council, shall be Judges of the said Court. And we further direct, that tiie saiil Recorder of Prince of Wales' Island, Singapore, and Malacca, shall hold his office during the pleasure of us, our heirs and successors. And we do hereby further give and grant to the said Governor or President for the time being, rank and precedence above and before all our subjects whomsoever, within the said settlement of Prince of Wales' Island, Singapore, and Malacca, and the places now or at any time hereafter to be subordinate or annexed thereto ; excepting the Governor-general for the time being of Fort Wilham in Bengal, if he shall happen to be at any time within the said settlement or places aforesaid. And we do liereby also give and grant to each of the said three Counsellors respectively, being Judges of the said Court, according to the order of PiMNCE OF Wales' Island, Sec.'] 571 rank tliey shall hold in the said Council, rank and precedence above and before all our sub- jects whomsoever within the said settlement of Prince of AV ales' Is^land, Singapore, and Malacca, and the places now or at any time hereafter to be subordinate or annexeil thereto ; excejiting tiie said Governor-general for the time being of Fort AVilliam in Bengal, if he shall happen at any time to be within the said settlement and places aforesaid ; and excepting the said Governor or President of Prince of Wales' Island, Singapore, and IVIalacca, for llie time being; and excepting all such persons as by law or usage take place in England before our Justices of our Court of King's Pencil, except as hereinafter mentioned. And we do hereby also give and grant to the said Recorder of I'rince of Wales' Island, Singapore, and ]\Ialacca, for the time being, rank and precedence above and before all our subjects whomsoever within the said settlement of Prince of W^ales' Island, Sir.gapore, and Malacca, and the places now or at any time hereafter to be subordinate or annexed thereto; excepting the said three (Coun- sellors, being respectively Judges of tlie said Court, and excepting such persons and oificers as hereinbefore are directed to take precedence of and before them. Provided always, and we do hereby declare, that when the said Judges shall be respec- xhe Recorder in tively sitting and acting in and as a Court, or otherwise executing the judicial functions Court to take prece- herebv vested in them, but upon no other occasion, the said Ilecortler, if he shall be present, ^^"'^'^ ""' ^° ^^^ ^°- shall liave and take precedence next after the Governor or President for the time being of the acting as Governor, said settlement, or next after the Counsellor for tiie time being acting as such Governor or Pre- sident of the .said settlement, if he shall be present, but before any other Judge of the said Court, any thing herein contained to the contrary thereof in any wise notwithstanding. .And we do further will and ordain. That all judgments, rules, orders, and acts of authority All .-Vets to be de- or power whatstK'vcr, to be made or done by the said Court of Judicature of Prince of Wales' cided by the majority Island, Singapore, and Malacca, shall be made or done by and with and by the concurrence exce»t"'i'tf ais ""i^t^^'d' of the Judges of the said Court, or .so many or such one of them as shall be, on such occasions journmem after men- respectively, assembled or sitting as a Court, or of the major part of them so assembled or tioned. sitting ; except in the case of adjournment hereinafter mentioned. And we declare, that in case at any time tiiere shall be more tlian one of the s,oiicr. coroner shall and may lawfully demand and receive. And we do further authorize the said Court, from time to time, to vary tiie said table of fees as there shall be occasion. And w(.' do hereby re(iuire and enjoin the s.aid Court, within one year after these our Letters Patent shall have been publisiied at the said settlement, and by the first convenient opportunity after the settling and allowance of the said table of fees, to certify, under tiie hands of the said Governor or President and the Ilccordcr, and to transmit to the Court of Directors of the said United Company, to be by them or tluir order delivered, with their observations thereon, to 574 [Court OF Jldicatl're, the Board of Commissioners for the affairs of India, to be laid before us, our heirs and suc- cessors, for our and their Royal approbation and correction, a true copy of the said table of fees, and also any variation of the said table to be made as aforesaid, by the first convenient opportunity after the same shall have been so varied. And we further direct and appoint, that the said table, and the said alterations and variations thereof (if any alteration or varia- tion shall be made) shall be hung up in some conspicuous part of the hall or place at each of the said three stations of Prince of AV ales' Island, Singapore, and jMalacca, where the said Court of Judicature shall be publicly holden. Court to settle the And we further authorize and empower the said Court to settle and adjust v.hat salary allowances to registrar, g^ salaries, or what proportion of the fees to be allowed to the Registrar, Sheriff, and Coroner, clerks, and sheriffs j-gspectively, shall be paid and allowed by them, respectively, to any clerk or clerks, under- sheriff or officers, to be employed by or under them respectively. Provisious respecting the Court's seal, and the issue of writs under it, are omitted. Jurisdiction of the And it is our further will and pleasure that the said Court of Judicature of Prince of Wales' Court defined. Island, Singapore, and jMalacca, and the several Judges of the said Court, shall severally and respectively be, and the said Court is, and they are all, and each and every of them is hereby appointed "to be Justices and conservators of the peace, and coroners within and throughout the said settlement of Prince of Wales' Island, Singapore, and ^Malacca, and the places now or at any time hereafter to be subordinate or annexed thereto, and to have such jurisdiction and authority as our Court of King's Bench and our Justices thereof, and also as our High Court of Chtuicerv, and our Courts of Common Pleas and Exchequer respectively, and the several Judges, Justices, and Barons thereof respectively have and may lawfully exercise within that part of our United Kingdom called England, in all civil and criminal actions and suits, and in matters concerning the revenue, and in the control of all inferior Courts and jurisdictions, as far as circumstances will admit. And further, that the said Court of Judica- ture shall have and exercise jurisdiction as an Ecclesiastical Court, so iar as the several reli- gions, manners, and customs of the inhabitants of the said settlements and places will admit. And that the said Court shall have full power, and is hereby authorized to hear, examine, try, and determine, in manner hereinafter mentioned, all actions and suits which shall or may arise or happen, or be brought or promoted, upon or concerning any trespasses or injuries, of what nature or kind soever, or any debts, duties, demands, interests, or concerns, of what nature or kind soever, or anyrights, titles,' claims, or demands, of, in, ortoanyhouses,lands, or other things, real or personal, within the said settlement of Prince of Wales' Island, Singapore, and Ma- lacca, and the places now or at any time hereafter to be subordinate or annexed thereto, or toucliing the possession, or any interest or lien in or upon the same ; and all pleas, real, per- sonal or mixed, the causes of which shall or may hereafter arise, accrue, and grow, or shall have heretofore arisen, accrued, and grown against the said United Companj', and against any per- sons who shall be resident within the said settlement of Prince of Wales'' Island, Singapore, and iVIalacca, or the places now or at any time hereafter to be subordinate or annexed thereto, or mIio shall have resided there, or who shall have any debts, effects, or estate, real or per- sonal, within tb.e same, and against tlie executors and administrators of such persons. Pro- vided always, that it shall not be competent to the said Court of Judicature to try or deter- mine any suit or action against any person who shall never have been resident in the said set- tlement of Prince of Wales' Island, Singapore, and Malacca, or any of the places now, or at any time hereafter to be subordinate or annexed thereto, or any one of them, nor against any person then resident in Great Britain or Ireland, unless such suit or action against such person, so then resident in Great Britain or Ireland, shall be commenced within two years after the cause of action arose, and the sum to be recovered be not of greater value than twelve thousiiini dollars. The Governor and Provided always, and we do hereby declare, that nothing in this Charter shall extend, or Counsellors and Re- j^g construed to extend to subject the person of the Governor or President, or any of the jj ' Councillors of the said settlement, or the person of the Recorder of Prince of Wales'' Island, Singapore, and Malacca, to be arrested or imprisoned in any civil suit, action, or prooeeding in the said Court. Prince of Wales' Island, &c.] 575 And we do hereby authorize tlie said Court of Judicature to appoint guardians and keepers The Court to excr- for infants and tlicir estates, aceordinii' to the order and course observed in that part of our «'se authority over the Uniteil Kingdom called England, and also guardians and keepers of tiie persons and estates P'^'^o""""! estates of of natural fools, and of sucli as are or shall be deprived of their understanding or reason by '" """^ *" """'"' the act of God, so as to be unable to govern tlienisclves and their estates, which we hereby authorize and empower the said Court to inquire, hear, and determine, by inspection of the {xTson, or such other ways and means by which tlie truth may be best discovered and known. And it is our furtlier will and iileasure. and we do iiereby for us, our heirs and successors, The Court to exer- grant, ordain, establish and appoint, tliat tlie said Court of Judicature of Prince of Wales' "'^ ecclesiastical ju- Island, Singapore and Malacca, sliall be a Coiu-tof Ecclesiastical Jurisdiction, with full power "robat'eTof wUls &^"' to grant jirobates under the seal of the said Court of the last wills and testaments of all or any of the inhabitants of the said settlement of Prince of Wales" Island, Singapore and IMalacca, and tlie places now or at any time hereafter to be subordinate or annexed thereto, dvinfr within the said settlement, and of all other persons who shall die and leave jiersonal effects ■within the said settlement, or the places now or at any time hereafter to be subordinate or annexed thereto; and to commit letters of administration under the seal of the said Court, of the goods, chattels, credits, and all other effects whatsoever of the persons aforesaid who shall die intestate, or who shall not have named an executor resident within the said settle- ment and places aforesaid, or where the executor being duly cited shall not appear and sue forth such probate, annexing the will to the said letters of administration when sucli nersons shall have left a will without naming any executor, or any jierson for executor, wiio sliall then be alive and resident within the said settlement and places aforesaid, and who beino-duly cited thereunto will not appear and sue forth a probate thereof; and to sequester the "-oods and chattels, credits, and other effects whatsoever of such persons so dying in cases allowed by law, as the same is and may now be used in the diocese of London, and to demand, require, take, hear, examine and allow, and if occasion recpiire, to disallow and reject the account of them in such manner and form as is now used, or may be used, in the said diocese of London, and to do all other things whatsoever needfid and necessary in that behalf. Provided always, and we do Iiereby authorize and require the said Court, in such cases as aforesaid, where letters of administration sliall be committed with tlie will annexed, for want of an executor apjiearing in due time to sue forth the probate, to reserve in such letters of administration full power and authority to revoke the same, and to grant probate of the said will to such executor or executors, whenever he or they shall duly appear and sue forth the same. And we do hereby further authorize and require the said Court of Judicature of Prince of Wales' Island, Singapore, and IMalacca, to grant and commit such letters of administration to any one or more of the lawful next of kin of such person so dying as aforesaid, and being then" resident within the jurisdiction of tiie said Court, and being of the age of twenty-one years; and in case no such person shall then be residing within the jurisdiction of the said Court, or beinw duly cited shall not appear and pray the same, to the Itegistrar of the said Court, or to such person or persons, whether creditor or creditors or not of the deceased per.son, as the Court shall set fit, provided always, that probates of wills and letters of administration to be granted by the said Court shall be limited to such money, gootls, chattels and effects, as the deceased person siiall be entitled to within the .said settlement of I'rince of Wales' Island, Singaiiore, and Malacca, and the places now, or at any time hereafter to be, subortiinate or annexed thereto. The provisions respecting the bond reciuired from administrators are similar to those of the Supreme Courts, but the bond is to be given to the Company, and put in suit if necessary in their name. And We further will, order, and ricpiiiv, that the said Court shall (ix certain jieriods, when Uepul.itions m to or within whicii all persons to whom probates of wills and letters of administration shall be "'"■" induct of execu- granted by the said Court, shall from time to time, until the effects of the deceased jiersons \Zl "'I'nini.triw shall be fully administered, pass their accounts relating thereto before the said Court. And in case the effects of the deceased shall not be fully administered within the time for that pur- 576 [Court OF JuDiCATLRE, pose to be fixed by the said Court, then, or at any earlier time, if the said Court shall see fit so to direct, the person or persons to whom such probate or administration shall be granted, shall pay and deposit the balance of money belonging to the estate of tiie deceased, then in his, her, or their liands, and all money which shall afterwards come into his, her, or tlieir hands ; and also all precious stones, jewels, bonds, bills, and securities belonging to the estate of the deceased, into and in the treasury of the said I'nited Company, in the name of the Accoun- tant-general of the said Court, to abide the orders of the said Court ; or shall otiierwise dispose of sucli money, goods, chattels, and securities, as tiie said Court shall direct. And we require that the said Court shall, from time to time, make such order as shall be just for the due administration of such assets, and for the payment or remittance thereof", or any part thereof, as occasion shall require, to or for tlie use of any persons or person, whether resident or not resident in the said settlement, who may be entitled thereto, or any part thereof, as creditors, legatees, or next of kin, or by any other riglit or title whatsoever. And we further ordain and direct, that it shall be lawful for the said Court to allow to any executor or acimi- nistrator of tlie effects of any deceased person or persons (except as herein-mentioned) such com- mission or per-centage, out of his, her, or their assets, as siiall be just and reasonable, for their pains and trouble therein. Provided always, tiiat no allowance whatever sliall be made for the pains and trouble of any executor or administrator who shall neglect to pass his accounts at sucli time, or to dispose of any money, goods, chattels, or securities with whicli lie shall be ciiargeable, in sudi manner as, in pursuance of any general or special rule or order of the said Coiu't sliall be requisite. And moreover, every executor or administrator so neglecting to pass his accounts, or to dispose of any sucli money, goods, chattels, or securities with which he shall be charged, shall be charged with interest, at the rate to be then current within the said settle- ment, for such sum and sums of money as, from time to time, shall have been in his hands, whether he shall or shall not make interest thereof. The method of com- ^n'' to the end that justice may be administered in the said Court of Judicature of Prince mencing and prose- of Wales' Island, Singapore, and ]\Ialacca, with all convenient speed, known form, and certain cuting civil suits, and effect, our will and pleasure is, and we do iiereb)- grant, ordain, and appoint, that upon any casesTn which any or- cause of action or suit supposed to have arisen and to be cognizable by the said Court in any der of the Court shall of its jurisdictions herein-mentioned, upon any occasion where the aid of the said Court shall be necessary. ^,p required, it shall be lawful and competent for any person whomsoever, by himself or her- self, or his or her lawful attorney, or his friend or agent, to prefer, verbally or in writing, to the saitl Court of Judicature of Prince of Wales' Island, Singapore, and Malacca, or to any of the Judges or the Registrar thereof, his or her complaint, and thereupon the Recorder of the said Court of Judicature of Prince of Wales' Island, Singa])ore, and Malacca, or the Re- gistrar of the saiil Court, or the clerk of such Registrar, by liis direction, shall reduce the substance of the saitl complaint, if verljal, into writing ; or if it shall be preferred in writing, lie shall divest it of all extraneous matter, and set down the substance thereof in a writing to be drawn up, if it sliall require to be re-drawn ; and such complaint shall be in, or shall be reduced into the form of a petition to the said Court, stating shortly the substance of the matter complained of, or touching which tlie aid of tiie Court is required, and praying that justice may be done, as the case shall require, and such petition shall be filed of Record in the said Court. AVhereupon the said Court shall, and is hereby authorized and required to award and issue a summons in writing, to be ])repared by the Registrar of the said Court, directed to the Slieritl", intimating shortly the cause of action or suit set forth in such petition, and commanding the said Sheriff' to summon the person or persons against whom the said complaint shall have been preferred, and all others whom it sliall appear to the said Court to concern, to appear, at a certain time and place therein to be specified, to answer or appear to the said complaint or petition as justice shall require: which said sum- mons, and the execution thereof, the said Sheriff' shall duly return and certify to the said Court of Judicature, and the person or persons so summoned shall accordingly appear; and such person or persons, or any others having an interest, and appearing voluntarily without summons, shall confess the truth of the complaint, or may plead thereto such matter of exception or defence (excepting always matters of mere form) as he, she, or they shall see fit ; or such person or persons so summoned or voluntarily appearing, shall be compellable, and if necessary be compelled, to make a full answer or answers and discovery, on oath, as on a bill filed on the equity side of our High Court of Chancery, and Prixck or Wales' Island, &c.] 577 requiring an answer and discovery, as (lie case may require ; and tlie full substance of such confession, plea, defence, or answer, as the case may be, shall be reduced into writinij and annexed to the petition, anil which |)etition, confession, plea, defence, or answer may lx» amended or withdrawn, from time to time, and upon such terms as substantial justice shall appear to the said Court to require : and after such appearance, the said Court of Judicature shall proceed from time to time, assigning reasonable ilavs to the said parties, or to anv other party or parties lawfully intervening in the suit and alleging an interest therein ; or who shall appear to the Court to be necessary parties, to hear their respective allegations, as justice may require, and examine the truth thereof (that is to say): in cases arising out of ])ersonal contract or obligation, as well on the oath of the parties to the suit, where such oath may lawfidly be tendered by the Court ; and if it shall apjiear to the Court necessary to examine any jiarty on oath, as also upim the oath or oaths of such competent and credible witnesses as the parties shall produce in Court, respectively, and in all other cases upon the oath or oaths of such ■witnesses as aforesaid To which end, we hereby authorize and empower tlic said Court of witnesses to be Judicature, at the request of any party, to issue a sunmions, to be prepared by the Registrar summoned; of the saitl Court or person acting as such, ilirected to every one of such witnesses, com- manding him or her to appear, at a time and place to be specified in such summons, to depose his or her knowledge touching the suit so de]iending between the parties, naming them, and specifying at whose request such summons shall have issued. And upon the a])pearance of the said witnesses, or any of tiiem, the said Court of Judicature may, and is iiereby retpiired to order and decree to them and each of tiieni, sucli reasonable sum of money for his, her, or their expenses, as the said Court shall think fit, whether such witnesses shall be examined or not, the same to be ])aiil forthwith by the party at whose rc([uest the said sunnnons shall have issued ; and if the saiii sum of money, so ordered and decreed, shall not be forthwith paitl or secured to such witness, to the satisfaction of the said Court, the party to whom it shall be- long to pay the same shall not only lose the benefit of such witness's testimony, but shall be compelled to pay him, her, or them, the money so ordered and awarded, by such ways and process as are herein-after provided for enforcing the payment and satisfaction of money re- covered by judgmtnt, sentence, or decree of the said tOurt. And the said Court of J udi- and arc to be sworn m caturc is hereby authorized and empowered to administer to such witnesses and others, whom ^""^'^ way as '"")■" 1 - . . ' , , ,,■ • / 1 • \ 1 most bindiiitr on tlieir they may see occasion to exannue, ])roper oaths anil athrnialions (that is to say): to sucli conscienco. persons as profess the Christian religion, the oath ujion the Holy Evangelists of God ; and to Quakers, the affirmation, according to the form used in England for that purpose ; and to others, such oath, in such manner anil form as the said Court shall esteem most binding on their consciences respectively. And the said Court of Judicature is, on the trial or hearing of all such causes as are herein-after declared to be a])pealal)lc, required to cause the depo- sitions to be reduced into writing, and subscribed by the several witnesses with their name or other mark, and to annex the same to the ])elition and the jilea or answer, and to file the same of record ; and in case any person or persons, so cited, shall refuse, or wilfully neglect to appear and be sworn, or being Quakers to affirm and be examined, or to subscribe such their depositions as aforesaid, as the said Court of Judicature shall appoint, the said Court is hereby empowered to punish such persons so refusing or wilfully neglecting, as for a contempt, by Witnesses in con- fine, imprisoumeut, or other corporal ])iuiislinienf, not afiicting life or limb. tempt to be fined or And we do further give to the said Court of .Judicature of Vriuee of \\'ales" Island, Singa- ""l'^'*°"<;'^- pore, and Malacca, full power and authority, upon examining and considering the several ■ j ,,^L.„t",ccord?nf 'to allegations and proofs of the said parties to such suit, or to such of them as shall appear at justiee ami riiilit. the trial or hearing thereof, or of the complainant or complainants, or parties promoting such suit alone, in case the defendant or defendants shall make default after appearance, or say nothing, or confess the ])etition of complaint or cv-jxirlc the petitioner, if justice shall so require, and on examining and considering the ilepositions of the witnesses, to give and pass judgment and seutenee according to justice and right : and in case of anv proceeding renio\ed iiom or originating in any inferior Court of Judicature, to remit the same thereto, as sub- stantial justice shall best be attainable ; and also to award and order such costs to be paid by either or any of the parties to the other or others, as the said Court shall think just. And we do fiu'ther authorize and empower the said Coiu't of Judicature of I'riiiee of I'lie Court to award Wales' Island, Singapore, and Malacca, to award and issue a writ or writs, or otiiir process cxecntioii. of execution, to be prepared in manner before-mentioned, and directed to the said Sherid'for 4 K 578 [Court OF Judicature, tlie time being, commanding him to seize, and deliver the possession of the houses, lands, or other things recovered in and by such judgment, sentence, or decree, or to levy any sum of money which shall be so i-ecovered, or any costs which shall be so awarded, as the case may require, by seizing and selling so much of the houses, lands, debts, or other effects, real and personal, of the party or parties against whom such writ or writs shall be awarded, as will be sufficient to answer and satisfy the said judgment ; or to take and imprison the body or bodies of such party or parties, until he, she, or they shall make such satisfaction, or to do both, as the case may require. And we direct and appoint, that the several debts to be seized as aforesaid, shall from the time the same shall be extended and returned into the said Court of Judicature of Prince of Wales' Island, Singapore, and Malacca, be paid and payable in such manner and form as the said Court shall appoint, and no other ; and such payment, and no otiier, shall from thenceforth be an absolute and effective discharge for the said debts, and Court empowered to every of tiieni respectively. And we do hereby furtiier authorize and empower the said Court dl'isf &c'.'"'"°''"'°''^ °''' °f Jiidicature of Prince of Wales' Island, Singapore, and Malacca, to make such further and other interlocutory rules and orders as the justice of the proceeding may seem to require. ProTision as to agents Provided always, and we hereby further declare, that no person or persons shall be per- mitted to appear or act as the advocate, solicitor, attorney, proctor, or agent, or to plead ver- bally or in writing, for any suitor or suitors in the said Court (save and except only for the said United Company), in any action or suit, or touching any matter whatsoever, unless such person or persons shiill have been previously permitted or licensed by the said Court to act as an agent or agents for the suitors of the said Court, generally or specially, for the particular occasion or occasions. And we further authorize and empower the said Court at its pleasure, (-Sic orig.) either assigning a reason without assigning any reason whatever, to withdraw or vacate any permission or license which shall at any time be granted to any person or persons to act, generally or specially, as the agent or agents of any suitors or particular suitor of the said Court. And we further declare, that the fees to be received by any such agent or agents, whether general or special, shall at all times be subject to the control and taxation of the said Court, as well in Court as on reference to the said Ilecorder or the said Registrar, if the said Court shall see fit to make sucii reference, in like manner as costs may be taxed in our said Court of King's Bench at Westminster, either as between party and party or as between attorney and client, as the case mav require. Provided also, and we hereby direct, that all examinations of witnesses by the said Court, and all hearings and trials, whether in chief or on interlocutorv matters, and all judgments, sentences, and decrees to be made and passed, shall l)e taken, had, and passed publicly. Provided ahvays, that it shall be lawful for the Judges of the said Court, out of Court, and in vacation, to make such orders and do acts of such natures as are usually done out of Court and in vacation, by the Judges of any of our Courts at Westminster; but the orders and acts of tlie said Judges out of Court ai"e, nevertheless, to be subject to the review and control of the Court. As to acts to be done Provided always, and we heieby fui'ther declare, that except in the case of the vacanc}' of the by the Judges out of office of Recorder of Prince of Wales' Island, Singapore, and Malacca, or in case of tile absence of tuTrs 'to^laheas corj)»s ^'^'"' ''^^'' Rccoixler from the said settlement, or in case, by reason of sickness or other misfortune, out of Court. tlic said Recorder shall be incapable of attending to business, tliat none other of the Judges of the said Court shall be competent to make any order, or do any act out of Court, in any civil matter, suit, or concern, unless the Recorder shall be previously summoned to meet the Judge about to make such order, or do such act, in order to assist him with his opinion thereon. Provided ahvays, and we hereby further declare, that no writ of or in tlie nature of a writ of habeas corpiis ad subjiciendum shall be returnable in vacation-time, or during any adjournment of the said Court, before any of the Judges of the said Court, other than the Ilecorder ; except in the case of the vacancy of the office of Recorder, or in the case of the absence of the Recorder from the said settlement, or of his being unable by reason of illness to transact business: but we direct, that upon any such return of any writ of habeas corpus, to jjroduce the body or bodies of any person or persons com- mitted or detained in custody by, or by the authority or direction of the Governor or Presi- dent of the said settlement, or any of the Council of the said settlement, notice of such return shall be forthwith given to the said Governor or President, or to the Counsellor acting as such for the time being, and no such prisoner or prisoners shall be released or discharged out of custody by the said Recorder out of Court, until the expiration of forty-eight hours from Pkixceof Wales' Island, &.C.] 579 the time when siicli notice sliall Iiavc been gi%'cn, unless the Governor or President, or the ('ounsellor acting as siicli, shall in the nieaiitinie, by writing under iiis hand, authorize the Recorder to proceed out of Court to the consideration of the matter of tiie return ; and in case tlie said Governor or President, or the Counsellor acting as such, shall cause the said Court of Judicature to be specially convened before the expiration of the said forty-eight hours, the matter of such return shall be proceeded upon in Court only. And in case the party so summoned as aforesaid shall not appear upon the return of such Power to arrest a sunnnons or precept as aforesaid, according to the exigence thereof, or if the cause of action, defendant on mesne as contained in such petition of complaint as aforesaid, shall exceed the value of eighty dollars, P''°*^*^' '" certain or shall be in the nature of a personal wrong, and in either or any of the said cases, the said Court shall be satisfied, by affidavit or affirmation to be filed of record, that the case is such as to require security, then after return of such summons, or in lieu thereof, the said Court is hereby authorized and empowered to award and issue a writ or warrant directed to the said sheriff", commanding him to arrest and seize tiie body of such defendant, and to have the same, at a time and ))lace in the said writ to be specified, liefore the sail Court, to answer the said coni))laint. And tlie said Court may, in and by the said writ or warrant, authorize the said And in certain case* sherilf to deliver the body of such defendant, so arrested, to sufficient bail, that such defend- to liolil to bail. ant shall appear at a time and place mentioned in such writ or warrant, and in all things per- form and fulfil the exigence thereof. And upon the appearance of such defendant in and before the said Court, we do hereby authorize and empower the said Court to commit him to Prison of said She- priscij to the said sheriff, unless and until he shall give bail, to the satisfaction of tiie said riff. Court, for paying the delits, damages, and costs which shall be recovereil against him in such action, or for rendering himself to prison ; and in default, that the bail will pay such debt, damages, and costs for him ; which bail we hereby empower the said Court to take, and thereupon to deliver the body of the said defendant to bail. And if the said sheriff shall make return upon either of the said writs of summons or capias, and the Court shall be satisfied that the defendant is not to be found within the jurisdiction of the said Court, and the plaintitl', or some other person, shall by affidavit, or in the case of a Quaker by affirmation, in w riting or otherwise, to the satisfaction of tlie saiil Court, make proof, verifying the com- plainant's demand, we do hereby grant, ordain, and appoint, that the said Court .shall or may award and issue a writ, in the nature of a writ of sequestration. The mode of proceeding under sequestration, is similar to that in the Supreme Courts. And we do hereby appoint, that all affidavits taken in tlie said Court of Judicature of Affidavits and aflir- Prince of Wales' Island, Singapore, and Malacca, or before any of the Judges thereof, or any mations, how to be Connnissioner to be appointed by the said Court, shall be made on oaths administered in taken. such form and manner as is before directed, in case of witnesses to be examined before the said Court. Provided nevertheless, that in all civil cases, the aftlrmation in writing of a Quaker, which the said Court or the Judges thereof, respectively, or any Commissioner to be ajipointed by the said Court are hereby authorized and empowered to take, shall be of the same weight, authority, and eflect, as an affidavit upon oath. And we do hereby further will, ordain, and declare, that it shall and may be lawful to and Power for the Court for the said Court of .Tudicature of Prince of Wales' Island, Singapore, and Malacca, in any to appoint Cominii- part of its jurisdiction, whether common law, equity, or ecclesiastical, by commission or com- ''•?"'^^j^c'" '" "^ *"" "' missions under the seal of the said Court, to authorize and appoint any fit or proper person or persons, either generally or in any ])articular case, or with such limitations as tiie said Court shall see fit, to receive the acknowledgments of recognizances of l)ai! and bail-])ieces, ami to administer oalhs for the justification of bail, and for taking of any affidavit or affirmation, or for receiving and taking the answer, plea, demurrer, disclaimer, or examination of any party, or parties to any suit, or for the examination of any witness or witnesses ujion interrogatories, eitiur (If bene esse or in chief, or on any otiier occasions, and for swearing executors or administrators in any suit, matter, or proceeding which may be jiending, or about to lie insti- tuted in the said Court, upon such occasion as the said Court shall think fit to issue such com- mission. And we direct and ordain, that such commission and commissions, so to be issued, shall respectively be issued, acted under, and returned, if the same shall re(|uire any return, ■!• E 2 580 [CouRTOF Judicature, in such manner and form as siicli niatters are usually transacted by commissions gen3ral or special, issued outof our Court of King's Bench at Westminster, or our High Court of Chan- cery, or the Ecclesiastical Court of the diocese of London respectively. Suitors' niciicy and And whereas the said United Company have undertaken to be answerable to the suitors of securities to be depo- the said Court for all such money, jewels, precious stones, and securities, asunder the orders sited witli the Compa- ^^ jj^p gp,jf] Court shall be paid or delivered into, or deposited in the treasury of the said United Company (except in cases of fire, foreign invasions, civil commotions, or other unavoidable acci- dents, whereby the said money, jewels, precious stones, or securities, may be lost or damaged), and also to be at the charge and expense which may be occasioned by reason of the depositing, safe-keeping, and restoring of the said money, jewels, precious stones and securities, at the said settlement of Prince of Wales' Island, Singapore and ^Malacca, we do therefore will and ordain, that all money, jewels, precious stones and securities of tlie suitors of the said Court, which shall be ordered into Court, or to be paid, delivered, or deposited for safe custody, shall be paid, delivered into, or deposited in the public treasury of the said United Company at the said settlement, or into one of such public treasuries, if there shall be more than one, to be kept and deposited with the cash, precious stones, jewels and effects of the said Company, sub- ject to such orders and directions as the said Court shall from time to time think fit to make concerning the same, for the benefit of the suitors. And we do further authorize and empower the said Court, from time to time, to order and direct any money belonging to the suitors of the said Court to be invested at interest, or without interest, for tlie jiurpose of remittance to any plate v>ithout the said settlement, as there may be occasion, for tlie use and benefit of the parties respectively entitled thereto, on any bills, bonds, or securities of the said United Com- pany, or any other bills, bonds, or securities as the said Court shall see to order and direct. And we hereby declare, that all executors, administrators, guardians, and trustees whatsoever, acting, with respect to such investments at interest or for remittance, under the directions of the said Court, shall be indemnified against all risk or loss to be occasioned thereby. An .'\ccoimtant-ge- And we do, for us, our heirs and successors, give and grant imto the said United Company, iieral to be appointed, l\^r^^ (],p ^aid United Company, or their Court of Directors, or the major part of them, or the Governor or President anil Council of the said settlement, or any two of them, the Go- vernor or President always being one, shall have fall power and authority, from time to time, to name and appoint tlie treasurer of the said Company at the said settlement, or any other officer under the said United Company, to be and be called " the Accountant- general of the Court of Judicature of Prince of Wales' Island, Singapore and Malacca," and the same at their pleasure to remove and another to a|)point, who shall act, perform, and do all matters and things necessary to carry into execution the orders of the said Court relating to the payment or delivery or depositing of the suitors' money, jewels, precious stones and securities, into or in the said treasury, and taking the same out again, and investing the money of the suitors at interest or for remittance, and keeping the accounts thereof with the said Governor or President and Council and the Registrar of the said Court of Judicature of Prince of Wales' Island, Singapore and JNIalacca, and for doing such other matters re- lating thereto, under such rules, methods, and directions, as shall from time to time be made and passed by the said Court of Judicature of Prince of Wales' Island, Singapore and Malacca. Proceedings by or And we do hereby grant, order, and direct, that in case any person or persons shall have against the East India any action or suit against the said United Company, he, she, or they shall be at liberty to '"' •■ proceed therein, in like manner as hereinbefore mentioned, and it shall and may be lawful for the said Court to issue their sunnnons for the appearance of the said United Company, to be served upon the said Governor or President and the resident Counsellor of the station in which the cause of action or suit shall have arisen, and thereupon the said Governor or President, and such resident Counsellor as aforesaid, shall appoint such person or persons to appear and act for the said United Company as they shall see fit, and such person or persons shall be admitted to answer and defend such suit in the name and for and on the behalf of the said United Company, and the said Court shall be at liberty to issue process of sequestra- tion against the lands, tenements, chattels, estate and effects of the said United Company, to compel their appearance and answer, and on non-appearance, or for want of answer of the said Company, to proceed in the same way as the said Court might proceed against an individual absent from the said settlement, and on whose behalf, after sequestration of his goods and Pkinck of Wales' Isi.ami, &c.] 581 chattels, no appearance should be entered or answer given. And we hereby authorize and empower the said Court to try, liear, and determine all such actions and suits against the said United Company, and to give judgment and costs, and award execution, and do and order all such other matters and things tlierein, as far as the case will admit, in such manner as herein is mentioned, as to any person or persons whomsoever; subject, nevertheless, to such rigiit of appeal by cither party as herein is mentioned. And, in like manner, if the said I'nited Com- pany shall liave any action or suit against any person or persons, it sliall and may Ije lawful to and for tiie said Governor or President and Council, or any two of them, tlie Governor or Presi- dent being always one, to authorize any jjerson or persons for and on behalf of the said Com- pany, and in their name, to make comjjlaint tiiereof, in writing, to the said Court, who shall proceed therein, and .shall hear and determine the same as in other cases; and in case judg- ment or sentence shall i)e given against the said Company, shall award costs to be levied ujjon tile goods and effects of tiie said Company as they shall see occasion, subject, nevertheless, to such appeal by either party as herein is mentioned. The same power of framing rules and processes as is given to the Supreme Courts of Madras and Bombay is conferred, and copies ordered to be furnished to the Board of Commissioners for the affairs of India. The Court is to be a Court of Oyer and Terminer, and as the provisions for the e.\erci.sc of its criminal jurisdiction do not materially differ from those re- lating to the Supreme Courts, several of them are omitted. Provideil always, and we hereby further declare, tliat no grand jury or inquest shall con- as to Juries, sist of less than thirteen persons or more than twenty-tiiree ; and that the nuijoritv of the persons to sit on sucii grand jury or incjuest (such majority not being in any case less than seven), shall be sufficient to authorize any presentment to be made, or any act to be done bv them. And we further declare, tiiat no person arraigned for any offence whatsoever shall be admitted to any peremptory challenge, above the number of seven. Provided always, and we tlo hereby declare, that tlie said Court shall not be competent to Kxccption of the hear, try, and determine any indictment or information against the Governor, or any of the Oovernor ami (:ouiicil C-r *i T> 1 L' It • c w^ I ^ T 1 I ^■' 1 ■* f 1 . 1* ■ r i'litl Recorder, in cer- ouncil, or the Itecorder ot I'rmce ol \\ ales Island, bnigapore, and Malacca, not beuig lor ,jji„ ^3^^,^. dQ,,, crimi- treason or felony, with which tlie (iovernoror any of the Council, or the said Recorder, shall mil jurisdiction. or may be charged, in the jurisdiction of the same. And whereas cases may arise, wherein it may be proper to remit the general severity of the I'lie Court may re- law, we do hereby authorize and empower tlie said Court, after sentence iiassed, from time to 1""''^'-' c^tecution of .• . •. • ii .■ £• t 7 /!• 1 ii- 1 1 '"'f t'aintMl sentence, time to res])lte or reprieve the execution ot any sentence passed on any oltender or orienders who ,,,,,1 siib-.titntc a lesser shall be convicted of any oflence, cajiital or otlierwise, by or before the said Court. .Vnd we pimi liment. do order and declare, that in all cases, after sentence passed, tlie .said Court may substitute and ordi'r any lesser punishment to be inflicted on the person or persons convicted, than the punisliment to which such person or |)ersons shall have been sentenced, according to law, whether such lesser ])unishment be transjiortation or imprisonment, or to be kept to hard labour, or such other reasonable corporal jiunislmient, not extending to life, limb, or pi'rpi'tual im|)risi)nment, as the said Court shall tliink (it to be so substituted and inHicteil. .And we authorize the said Court, at its discretion, during the tes|)ite or susj)ensioii of the execution of any sentence, or tiie infliction of any puiiishnieiit, to cause tiie oflender to be kept in strict custody, or to deliver him or her to sufficient bail or mainprize, as the circumstances shall seem to require. Another clau.se authorizing the suspension of execution of .sentence, witii ;i view to the exercise of the Royal mercy, is similar to that in the Charters of the Supreme Courts ; but the statement of the case and evidence are to be trans- mitted to the Court of Directors for presentation to the Crown. 582 [CouKT OF Judicature, In case of transpor- tation and keeping to hard labour. Governor and Council to take order for the due per- formance of the sen- tence. Power to the Court to hold General and Quarter Sessions. Direction as to tlie appointment of peace officers. Power for tlie Gene- ral and Quarter Ses- sions to try without a Jury all offences not being treason or felony. Chaise authorizing the appointment of Justices of the Peace. And we do hereby order and declare, that in all cases where any offender or offenders shall be sentenced or ordered to be transported or to be kept to hard labour, the Governor and Council of the said settlement shall, and tliey are hereby required to take order for the due performance of all such sentences or orders accordingly. And we do hereby further authorize and empower the said Court to hold General and Quarter Sessions of the Peace from time to time, within and for the said settlement and places aforesaid, to give order touching the making repairs and cleansing of the roads, streets, bridges, and ferries, and for tiie removal and abatement of public nuisances, and for such other purposes of police, and for the appointment of peace officers, and trial and punishment of misdemeanors, and doing such other acts as are usually done by our Justices of tlie Peace at their General or Quarter Sessions, within that part of our United Kingdom called England, as nearly as circumstances will admit and shall require. And we hereby authorize and empower the said Court, at their General and Quarter Ses- sions, from time to time to nominate and appoint such persons as the said Court shall see fit, to be and act as constables, or to perform the duties usually performed by constables and subordinate peace officers, in that part of our United Kingdom called England, as nearly as the different religions, customs, and manners of the different inhabitants of the said settle- ment and places shall require or will admit. And we authorize and empower the said Court to direct, that the said constables, and other subordinate peace officers, shall have and exercise their authority within and over any particular district or districts, or over any particular class or classes, tribe or tribes, of the inhabitants of the said settlement of Prince of Wales' Island, Singapore, and jNIalacca, and places aforesaid, as the said Court shall see fit. And we authorize and empo\^'er the said Court to compel all and every such persons to serve the said offices to which they shall be appointed, in the like manner as persons may be compelled to serve the office of constable, within that part of our United Kingdom called England, so far as the religions, customs, and manners of such persons will admit ; and that before they shall enter upon their respective offices, they shall respectively take before the said Court the oath of allegiance, and an oath well and faithfidly to execute the same, without favour or partiality, malice or hatred. And we further grant, ordain, and appoint, that the said Court of Judicature, at their General and Quarter Sessions, shall have full power and authority by themselves, without any inquest or jury, to inquire of, hear, and determine all breaches of the peace, quarrels, contro- versies, and other crimes and misdemeanors whatsoever, other than and except treason and felony, and to cause such witnesses as shall be necessary to be sunmioned to give evidence before them, upon oath, and to award and cause such punishment to be inflicted on such per- sons who shall be found guilty by them of any such offences, so as such punishment shall not extend to life or limb, or perpetual imprisonment, or banishment or transportation from the said settlement of Prince of Wales' Island, Singapore, and Malacca, or places aforesaid, and so as such punishment shall not be repugnant to the religious customs or manners of the person on whom it is to be inflicted. And we hereby authorize the said Court of Judicature to proceed to the trial and punishment of such offenders as last aforesaid, in such sunmiary way, and to give such orders thereon to the sheriff and other peace officers and ministers, as shall be most consistent with the attainment of substantial justice. Provided always, that the said Governor or President and Council, and the said Recorder of Prince of Wales' Island, Singapore, and Malacca, shall in no way be subject to the jurisdiction of the said Court at their General or Quarter Sessions. And we do hereby further authorize and empower the said Governor in Coimcil of the said settlement of Prince of Wales' Island, Singapore, and jNIalacca, for the time being, by commis- sions to be from time to time issued under the seal of the said Court of Judicature there, in the name of the King's Majesty, his heirs and successors, tested in the name of the Recorder of the s:iid Court (which commissions the said Court of Judicature is hereby authorized and recpiircd from time to time, by any order or warrant from the said Governor in Council to issue accordingly), to nominate and appoint such and so many of the covenanted servants of the said Company, or other inhabitants, as the said Governor in Council shall think properly qualified to act as Justices of the Peace within and for the said settlement, and the places now, or at any time hereafter to be subordinate or annexed thereto ; and such persons shall, according to the tenor of the respective commissions wherein they shall be so Prince of Wales' Island, &c.] 583 nominated and appointed, and by virtue tliereof, have power and aiitliority to act as Justices of tlic Peace, according to the tenor of the same commissions wherein tiiey shall be named, in and for the said settlement and places aforesaid. And the said Court of Judicature, upon any requisition in writing from the said Governor in Council, shall and may, from time to time, supersede such comniisssions, and upon like requisition issue new commissions for the |iurposes aforesaid, unto the same or such other of the covenanted servants of the said Company or otlier inliabitants, as shall from time to time be so nominated by tlie said Governor in Council in that behalf; all which commissions shall be filed of record in the said Court of Judicature. And we do further grant, direct, and ordain, that the persons who shall be so nominated and appointed to act as Justices of the Peace as aforesaid, when and so of ten as a Court of General or Quarter Sessions of the Peace shall be assembled by order of the said Court of Judicature, shall and may sit as Justices of the Peac?, and have a deliberate voice in such Court of General or Quarter Sessions of the Peace. Pro- vided always, that the persons who shall be so nominated and a])pointed as aforesaid shall not be ca])able of holding any Court of Oyer and Terminer or of Gaol Ui'livery, nor to sit in any Court of Oyer and Terminer or Gaol Delivery, unless such Court shall, on any particular occasion, call upon them so to do, in which case, and so often as the same shall happen, the person or jiersons so called upon shall and may, for that time, associate with the Justices of such Court of Oyer and Terminer or Gaol Delivery, and sit as a Justice or Justices of such Court of Oyer and Terminer or Gaol Delivery, and have a deliberative voice therein, being- first specially authorized for that purpose by Order in Council. Provided always, and we do further declare and ordain, that no person to be nominated and appointed in and by any such Connnission as aforesaid, shall be capable of acting as a Justice of the Peace in or for the said settlement, iu)til he shall have taken and subscribed in the Court of Oyer and Terminer of the said settlement, theoatii of allegiance and the like oath of office as is appointed to be taken by Justices of the Peace in that part of the United Kingdom called England, or as nearly to the tenor thereof as the case will admit, and as shall be approved by the said Court. And we do hereby further grant, direct, and ordain, that all the Justices of the Peace Justices, constables, within and for the said .settlement and places aforesaid, and all the constables and all other 4c. to be subordinate magistrates and peace officers siiall be subordinate to, and all their acts and proceedings shall be liable to be inquired into, annidled, corrected, and dealt with by the said Court of Judica- ture of Prince of Wales' I.sland, Singapore and Malacca, and by the like methods and process, as near as may be, as all inferior criminal (,'ourts, justices, magistrates, and peace officers are subordinate to our Court of King's Bench, in that part of our United Kingdom called England. The regulations as to appeals are similar to those applicable to appeals from the Supreme Courts. And we do hereby, for oiuvclves, our heirs and succes.sors, give and grant to the said Courts, in the na- Company and their successors, that it shall and may be lawful to and for the .said C'ourt of '"re of Courts of Uc- Directors of the said Cnited Company, and for the Governor or ['resident and Couni-il of pi'i'to'de'tennine suits Prince of AVales' Island, Singapore, and Malacca, for the time being, or the major part not exceeding' ilic va- of thcni, subject to the orders and pleasure of the said Court of Directors, to erect and estab- '"e of tliirty-two dol- lish such Court or Com-ts of Judicature as they shall see fit, for the recovery of small debts, '"'^" and for the trial and determination of all suits and causes what.soever against any of the inha- l)itants of the said settlement of Prince of AVales' Island, Singapon-, and j\Ial,icca, or the places now or at any time hereafter to be subordinate or annexed theri'to, w lu rein the debt, duty, or matter in dispute shall not exceed the value of tliiity-two dollars, and from time to time to appoint any of the said inhabitants, whether J{ritish-born or not, to be the Judges of the said Coiu't or Courts respectively, and to revoke such appointments. And also to direct and appoint whether the jurisdiction of the said Court or Courts respectively, shall be local, or whether it sliall be personal, with respect to any particular class or classes, tribe or triJH's of the .said inhabitants ; and to frame such rules and regulations for the due adminis- tration of justice in .nid bv tiiesaid Court or Courts respectively, and to regulate i-very m;it- ter nicitleiit tiu'reto, as tliey shall see fit, conforming as nearly as may bi' to the rules generally practised for the administratiou of justice in the several Courts of lleciuest and Courts for 584 [Court of Judicature, Court to fix periods for holding civil and criminal Courts, Ses- sions, &c. The President to have power to convene and adjourn special Courts in vacation time. The Governor and Council and Recorder to be sworn. Recovery of small Debts within that part of our United Kingdom called England, so as that the administration of justice in and by the said Court or Courts may, as far as circumstances will permit, always be adapted to the religions, manners, and customs of the several classes and tribes of iniiabitants from time to time within the said settlement and places aforesaid. Pro- vided always, and we do hereby declare, that the establishment of all such Court and Courts last herein-before mentioned, shall be liable to be repealed, annulled, varied, or altered by the said Court of Directors, and by the said Governor or President and Council for the time being, or the major part of them, subject to the orders and pleasure of the said Court of Directors. And we do hereby further will, ordain, and ajipoint that all and every the Court and Courts so to be establisheil as last herein-before mentioned, shall be subject to the order and control of the said Court of Judicature of Prince of Wales" Island, Singapore, and Ma- lacca, in such sort, manner, and form, as the inferior Courts of civil jurisdiction in that part of our United Kingdom called England are by law subject to the order and control of our Court of King's Bench ; for which purpose the said Court of Judicature is hereby authorized and empowered to issue any writ or writs, orders or precepts, in a summary way, to have the force of writs of certiorari, procedendo, error, or false judgment, or otherwise, as the case may require, to be directed to such Courts respectively, or tiie respective Judges or officers thereof, and to punish any contempt thereof, or wilful disobedience thereunto, by fine or im- prisonment. And we do hereby further authorize and empower the said Court of Judicature to appoint and from time to time, as occasion shall require, to vary the place or places where, and the periods at and ckiring which the said Court, and any Court hereby authorized to be established, shall sit and hold sessions for the dispatch of business, and that subject to any general rules ; and also as to inferior Courts subject to the order and control therein of the said Court of Judicature, the said several Courts shall have full j)Ower and authority to sit and dispatch busi- ness, and adjourn from ])lace to place within the said settlement and the places now or here- after to be subordinate or annexed thereto, and from time to time, as well within the periods to be fixed for their regular sittings and sessions as out of those periods as there shall be occasion. Provided always, and we hereby declare, that it shall be lawful at all times in vacation, or diu-ing anv adjournment of the said Court of Judicatm-e of Prince of Wales' Island, Singapore, and iVIahicca, to and for the Governor or President of the said settlement, or in his absence to and for tiie resident Counsellor at any of the saiti stations, of his own authority, to convene, or cause to be convened, a special Courts and to adjourn, or cause such special Court to be adjourned, from time to time, and from place to ]>lace, as he shall see fit. And it is oiu- further will and pleasure, and we do hereby direct, ordain, and appoint, that as soon as may be after the arrival of this oiu- Charter at the said settlement of Prince of Wales' Island, Singapore, and IVIalacca, the said Governor or President and Council, and the said Kecorder, or so many of them as shall tiien be able to meet together, shall assemble themselves in some convenient place, and thereupon the said Governor, President, or the senior Counsellor present, shall ])ubliclv take an oath, in the most solenm manner, that he will, to the best of his knowledge, skill, and judgment, duly execute the office of Judge of the said Court of Judi- cature of Prince of Wales' Island, Singapore, and Malacca, and impartially administer justice in every cause, matter, or thing which shall come before him ; and he shall also take the oath of allegiance, in such manner and form as the same is by law appointed to be taken in Great Britain, of which oath a record shall forthwith be made. iVnd we do hereby autho- rize the Counsellors anil Recorder of Prince of Wales' Island, Singapore, and Malacca, or such of tiieni as shall then be present, to administer the said oath, and make such record thereof accordingly. And then the said Counsellors and Recorder, or such of them as shall then and there be present, shall take the like oaths, only changing what ought to be changed for that purpose, before the said Governor if present, and if not, then before the Counsellor who shall first have taken the said oaths. And we do hereby authorize the said Governor, Counsellors, and Recorder, respectively, to administer the said oaths, and record the same accordingly. And we do hereby fiu'ther ordain and establish, that the said Governor or President, and Counsellors and Recorder of Prince of Wales' Island, Singapore, and Malacca, and all suc- ceeding Governors, Counsellors, and Recorders, before he or they shall be capable of exer- cising the office of Judge of the said Court, shall take in open Court, the like oaths, only Prince of Wales' Island, Sec] 585 fliano'in^ what ouf>,lit to be changed for tliat jjurpose ; whereof records sliall he made, and filed among the other records of the Court from time to time. And after the said Governor or This Cliartcr lo be President, and Counsellors and Recorder, or so many of them as shall be assembled for that proda'raeil. ""il there- purpose, sliall have taken the said oaths, this our Ciiarter, and the said Court of Judicature but"'tho!'e hcrd.y^csta! of Prince of Wales' Island, Singapore, and Malacca, sliall be proclaimed and published in blished, or autiiorized due manner, and proceed forthwith to the execution of the several authorities hereby vested *" ^<^ establislu-d, to in it. It is then provided that after publication of the Charter, the former Courts should cease (proceedings not to be abated thereby), and their authority and records be transferred. And we, of our especial grace, certain knowledge, and mere motion, have given and granted, The King grants to and by these presents for ns, our heirs and successors, do give and grant unto the said United ''" Company all fines. Company of Merchants of England trading to the East-Indies, and their successors for ever, Courts"of°Justice^ 8:^ all such fines, amerciaments, forfeitures, penalties, and sums of money whatsoever, as shall be ordered, charged, judged, set, or imposed upon any person or persons whatsoever, in or by the said Court, or by the said Justices of the Peace, or any of them, or otherwise howsoever, by virtue or in pursuance of the powers, grants, privileges, or authorities in these presents men- tioned or contained, upon any person or persons, for or by reason of any contempts, misde- meanors, or offences whatsoever, to have, hold, receive, levy, sue for, recover, and enjoy the same, to the same United Company and their successors for ever, without any account, or any other matter or tiling to be rendered or paid for the same, unto us, our heirs or suc- cessors. Provided always, that it shall be lawful, and we hereby authorize and empower the said Power for the Court Court of Judicature to order satisfaction to be made to any prosecutors, for anv crimes com- to make satisfaction to niitted or contempts incurred, as to the said Court shall seem reasonable and tit, out of any P''°*^'^"'°''* > fine or fines to be set or imposed upon any person or persons who shall be convicted before and fined by them ; and we will, that such fines shall be paid according to such order to be given by the said Court. And we do hereby, for us, our heirs and successors, give and grant unto the said United with powers to sue for Company of Merchants of England trading to the East-Indies and their successors, full power a'n' recover the ?amc. and authority to sue for, recover, and levy, all and every the said (lues, amerciaments, forfeitures, penalties, and sums of money, by any action or actions, or by such other suits, actions, ways, means, and ])rocecdings, as may be lawfully had and prosecuted in our said Court, in their corporate names, or by any other lawful ways or means, either in the name of us, our heirs or successors, or of the said United Company or their successors, and to collect, take, seize, and levy the said fines, amerciaments, forfeitures, penalties, and sums of money, in and by tiiese presents granted, or iiientioned to be granted, from time to time, by the proper ofticiis and ministers of the said United Comjiany and their successors, to the only proper use and belioof of them and tlieir successors, without any writ, warrant, or other ])rocess cut of the I'.xciiequer of us, our heirs or successors, or any other Court or Courts of us, our heirs and successors, whatsoever and wheresoever, to be had and obtained in that behalf, any usage or custom to tlie contrary thereof in any wise notwithstanding ; subject nevertheless to sucii orders as shall he made for the satisfaction of j)rosecutors, as herein-before directed. j\iid we hereby further will anil direct, that the said Comt, and the Justices of the Peace in Estrent-roll of tines, their said Courts of GeiU'ial and Ouarter Sessions, shall by themselves, or by the iiroinr olllcers ^'^^ '" l^*^ 'Iclivered to /. 1 • 1 ^. . 1 1- .1 /-^ i> • 1 " • /'< -1 "i • i' tlie Governor and of the saul Court, deliver to the Crovernor or rresiileiit in Council, or their sicietary, tour (y,u,ic||_ to lie filed in times in every year, at periods to be fixed by them, upon oath, an estri-at-roll of all lines, the Conrtof Ueveiiue. amerciaments, forfeitures, penalties, and sums of money, wiiich shall from time to time ha\e been set, imposed, lost, or forfeited by any jierson or persons whomsoever, at or by, or before the said Courts; and it shall thereupon be lawful for the said Governor or President and Council to mitigate or discharge the same, or to give such order for the recovery tluriof. Iiy the process of the said Coiut or otherwise, as tiiere shall he occasion. And we do hereby strictly ciiargi' and command ail (ioveniors, Commanders, Magistrates, All the King's luli- ]\linisters, civil aiul'military, and all our lieire subjects within or belonging to the said settle- J^'"^!* '" •>= "'Ji'iB »'"> .' ' n .1 o o assisting. 4 F 586 [Bishopric of ment and places aforesaid, that in the execution of the several powers, jurisdictions, and autho- rities hereb}' granted, made, given, or created, they may be aiding, assisting, and obedient in all things, as they will answer at their peril. Power reserved for Provided always, that nothing in these presents contained, or any act which shall be done making further pTovi- under the authority thereof, sliall extend, or be construed to extend to prevent us, our heirs ratloVof ju^tiM.""'"'^" ^^^ successors, upon the surrender of this Charter by the said United Company or their suc- cessors, or upon the petition of the said United Company or their successors to us, our heirs or successors, without surrender thereof, to repeal these presents, or any part thereof, or to make such further or other provision, by Letters Patent, for the administration of justice, civil and criminal, within the said settlement of Prince of Wales' Island, Singapore, and ^lalacca, and the places now, or at any time hereafter to be annexed thereto, as to us, our heirs and succes- sors, shall seem fit, in as full and ample manner as if these presents had not been made, these presents, or any thing herein-contained, to the contrary thereof in any wise notwithstanding. In witness whereof, &c. Letters Patent for the Bishopric of Calcutta, dated the Second Day of JSlai), one thousand eight hundred and fourteen. [Several parts of these Letters Patent having been made void by instru- ments of later date, and others being of purely temporary application, are omitted.] George the Thied, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, to all to whom these presents shall come, greeting. Whereas the doctrine and discipline of the United Chwrch of England and Ireland are pro- fessed and observed by a considerable part of our loving subjects resident within our territo- ries under the government of the United Company of ^Merchants of England trading to the East-Indies, and whereas no sufficient provision has been made for the supply of persons duly ordained to officiate as Ministers of the United Church of England and Ireland within the said territories, and our aforesaid subjects are deprived of some offices prescribed by the liturgy and usage of the Church aforesaid, for want of a Bishop residing within the same; for remedy of the aforesaid inconveniences and defects, we have determined to erect the afore- said territories into a Bishop's Sec, and we do by these presents erect, found, ordain, make and constitute the said British territories in the East-Indies to be a Bishop's See, and to be called from henceforth the Bishopric of Calcutta; and to the end that this our intention may be carried into due effect, we having great confidence in the learning, morals, probity, and prudence of our well-beloved Thomas Fanshaw jMiddleton, Doctor in Divinity, do name and appoint him to be Bishop of the said See of Calcutta, so that the said Thomas Fanshaw JMid- dleton shall be and be taken to be Bishop of the Bishop's See of Calcutta, and may by virtue of this our nomination and appointment enter into and possess the said Bishop's See as the Bisiiop thereof, witliout any let or impediment of us, our heirs, or successors, subject nevertheless to the powers of revocation and to the rights of resignation hereinafter more particularly expressed. Moreover, we will and ordain by these presents, that the Bishop of the said See of Calcutta and his successors, shall be subject and subordinate to the Archiepiscojial See of the province of Cantei-bury and to the !Most Reverend Father in God Charles Lord Archbishop of Canter- bury, Primate of all England and Metropolitan, and his successors, in the same manner as any Bishoji of any See within the province of Canterbury in our kingdom of England is under the authority of the aforesaid Archiepiscopal See of Canterbury and the Archbishop thereof, save and except in the matter of appeals from judgments, decrees, and sentences pro- nounced by the Bishop of Calcutta or his successors, or by his or their Commissaries, which we will shall not be made to the said Archbishop or to his Courts, but shall be made to Com- Calcutta.] 587 missioneis appointed by us or our successors, in manner hereinafter set forth. And to the end that all the matters and tliinf>.s herein prescribed may liave their due effect, we do liercby sig- nify to the Most Reverend Father in God Ciiarles Lord Arclibisliop of Canterbury, Primate of all Eiifrland and Metropolitan, that we have erected and founded tlie aforesaid E])iscopal Sec of Calcutta, and have named and preferred our lieloved Thomas Fanshaw iMiildlcton, Doctor in Divinity, to the said I}islio])ric, and have appointed him the Bishop and ordinary pastor thereof, recpiiring, and by the faith and love whereby he is l)ound unto us, command- ing him to consecrate the aforesaid Thomas Fanshaw Middleton Bishop of Calcutta in manner accustomed, and diligently to do and perform all other things appertaining to his office in this behalf with effect. And we do by these presents give and grant to the said Thomas Fan- shaw ^Middleton and his successors. Bishops of Calcutta, full power and authority to confer the orders of Deacon and Priest, to confirm those that are baptized and come to years of dis- cretion, and to perform all the other functions peculiar and appropriated to the office of a Bishop, within the limits of the said See, but not elsewhere, such Bishop and his successors liaving been first duly ordained or consecrated Bishops according to the form prescribed by the liturgy of the Church of England, and also by himself or themselves, or by his or their Commissary or Commissaries, to exercise jurisdiction, spiritual and ecclesiastical, in and throughout the said Sec and Diocese, according to the ecclesiastical laws of our realm of England, which are lawfully made and received in England, in the several causes and matters herein-after in tiiese presents expressed and specified, and no other : and for a declaration of our royal will concerning the special causes and matters in which we will tliat the aforesaid jurisdiction shall be exercised, we have further given and granted, and do by these presents give and grant to the aforesaid Bishop and his successors fidl power and authority, by himself or themselves, or by his or their Connnissary or Commissaries, by him or them to be there- unto specially authorized, to grant licences to officiate to all Ministers and Chaplains of all the churches or chapels or other j)]aces within the said Diocese wherein divine service shall be celebrated according to the rites and liturgy of the Church of England, and to visit all such Ministers and Chaplains and all Priests and Deacons in holy orders of the United Church of England and Ireland resident in their said Diocese, with all and all manner of jurisdiction, power, and coercion ecclesiastical, that may be requisite in the premises : as also to call before him or them, or before his or their Commissary or Commissaries, at such competent days, hours, and ])laces whatsoever, when and as often as to him or them shall seem meet and convenient, the aforesaid ^Ministers, Chaplains, Priests, or Deacons in Holy Orders of the United Church of England and Ireland, or any of them, and to incjuire by witnesses, to be sworn in due form of law, and by all other lawful ways and means by which the same may be best and most effec- tually done, as well concerning their morals as their behaviour in their saiil offices and stations respectively, and we do hereby authorize and empower the said Bishop and his successors, and his and their Commissary or Commissaries to administer all such oaths as are accustomed and may by law be administered according to the ecclesiastical laws of our realm of England, and to punish and correct the aforesaid Chaplains, Ministers, Priests, ami Deacons in Holy- Orders of the United Church of England and Ireland according to their demerits, whether by deprivation, susj)ension, or other such ecclesiastical censure or correction as they would be liable to according to the ecclesiastical laws aforesaid. And for the further accomplishment of our intention, and for aiding the said Bishop of Calcutta according to the laws and cus- toms of the United Church of England and Ireland in the due and Cantmical superintendence of ecclesiastical persons and afl'airs, we do hereby erect, found, and constitute one Archdea- conry in and over the Presidency of Fort ^Villianl in Bengal, to be styled the Archdeaconry of Calcutta, and one other Archdeaconry in and over the I'resideniy of I'\)rl St. George, on the coast of Coromundel, to be styled the Archdeaconry of Madras, anil also one other .Arch- deaconry in and over the I'residency and Island of Bombay, on the coast of Malabar, to be styled the Archdeacom-y of Bombay. « • * • » # In other pait.s of these Letters, not inserted, tlic Archdeacons are declared to be Commissaries of the Bishop, with the usual ecclesiastical jurisdiction of such officers. Power is also granted to the Bishop to fill vacancies in the office of 4f 2 588 [Bishopric of Archdeacon by api ointments from the Chaplains of the Company ; and to appoint Registrars, or persons to act as such at all the presidencies. But since the establishment of the Sees of Madras and Bombay, the Archdeacons of those places are no longer appointed by the Bishop of Calcutta, nor are they Commissaries of that Bishop. The right of the Bishop of Calcutta to appoint Registrars, &c, at Madras and Bombay has also ceased. And moreover we command, and by tliese presents for us, our heirs and successors, strictlv enjoin, as well the Court of Directors of the said United Company and their Governors, officers and servants, as all and singular, and Governors, Judges, and Justices, and all and singular Chaplains, Ministers, and otiier our subjects within the parts aforesaid, tliat they and every of them be in and by all lawful ways and means aiding and assisting to tlie said Sishop and Archdeacons and his and their successors in the execution of the premises in all things. N'ever- theless, we will, and do bv these presents declare and ordain, that in all grave matters of correc- tion which are accustomed according to the practice of the ecclesiastical laws of our realm of England, to be judicially examined, tlie same shall in like manner be judicially examined and proceeded in before the said Bishoj) and his successors, or his or their Commissary or Commis- saries aforesaid, in the respective Archdeaconries in which the party to be proceeded against shall reside, and all such causes shall be proceeded in to final sentence in due form of law. * * And further, we will and do by these presents declare and ordain, that if any person against whom a judgment or decree shall be pronounced by the said Bishop or his successors, or by his or their Commissary or Commissaries, shall conceive himself to be aggrieved thereby, it shall be lawful for such person to appeal to us, our heirs or successors, provided such appeal be entered within fifteen days after such sentence shall have been pronounced ; and we do hereby nominate, constitute and appoint the Judges of our Supreme Court of Judicature at Calcutta for the time being, and the IVIembers of the Council at Calcutta for the time being, to be our Conmiissioners delegate, to hear such appeals, and that such Conmiissioners delegate, or any three of them, of whom one shall be a Judge of the said Supreme Court of Judicature, shall have power finally to decide and determine the said appeals in as ample manner and form as the Commissioners appointed under our great seal, by virtue of the Statute made in the twenty-fifth year of the reign of King Henry the iTighth, intituled, " An Act for the submission of the Clergy and restraint of Appeals," can or may hear and definitely^ determine appeals from any of the Courts of the Arclibisiiops of our realm of England, jirovided always, that in any sentence to be given by the said Commissioners delegate, one at least of the said Judges of the Supreme Court of Judicature shall concur. And we do further direct, that the person appointed to act as registrar within the Archdeaconry of Calcutta, shall act as regis- trar of the said Commissioners delegate, or if there be no such registrar, or such registrar be unable to act, the said Commissioners delegate may assume an actuary to do all acts as their registrar. And we do further will, declare and ordain, that in case any proceeding shall be instituted against any Archdeacon, such proceeding shall originate and be carried on before our said Commissioners delegate, whom we hereby aiUhorize and direct to take cognizance of the same. And we further will, and do by these presents declare and ordain, that in case any Archdeacon appointed as aforesaid, or Chaplain duly appointed by the Court of Directors of the said United Company, shall be for any cause whatever deprived of his said office or suspended therefrom, or inliibited from preaching tlie word of God, or exercising his holy office within the limits of the presidency to whicli he shall have been appointed, or shall be subjected to any ecclesiastical punishment or censure whatsoever by the said Bishop of Cal- cutta, or by his successors, or by his or their Commissary or Commissaries, a copy of the sentence in such case promulgated and given, setting forth the causes of such deprivation, suspension, or other ecclesiastical punishment or censure, shall without delay be certified and transmitted by tlie said Bishop and his successors, or his or their Commissary and Com- missaries to the Governor-general in Council of Fort William, or the Governors in Council of Fort Saint George or Bombay, as the case may be, and we further ordain, that the Supreme Court of Judicature at Calcutta or Madras, or the Recorder''s Court at Bombay, as the case may be, shall have such and the like jurisdiction and power of interfering by writ Calcutta.] 589 of prohibition or mandamus, subject to the same laws, restrictions, and rules of practice as is, or has been exercised by our Court of King's Bench at Westminster, in regard to proccedino-s in the Ecclesiastical Courts in England, regard being had nevertheless to any special pro- visions or exceptions contained in these our Letters Patent, and to any otlier laws and regu- lations specially applicable to, or concerning our territories in the East- Indies, or the See and Diocese of Calcutta. Moreover it is our Royal will, and we do hereby declare and ordain, that nothing in tiicse {)resents contained shall extend, or be construccl to extend, to repeal, vary, or alter the j)rovisions of our several Charters of tlie twenty-sixth day of March, in the fourteenth year of our reign, the twenty-sixth day of December, in the forty-first year of oiu' reign, and the twenty-eighth day of February, in the twenty-eighth year of our reign, wlua-ebv ecclesiastical jurisdiction was given to the said Courts of Judicature and Jlecorder's Court respectively, so far as the same does not appertain to the correction of Clerks, or the spiritual superintendence of ecclesiastical persons, or to give to the said Bishop or Archdeacons, or their successors, any authority or jurisdiction whatever in matters now cognizable in tiie said Courts, except as herein last before excepted. IVIoreover, we will and grant by these presents, that the said Bishop and Archdeacons respectively, be bodies corporate, and do ordain, make, and constitute him and tliem to be perpetual Corporations, and to have perpetual succession, and that he and they, and liis and their successors be for ever hereafter called and known by tlie names of Bishop of Calcutta, and Archdeacon of Calcutta, Madras, and Bombay respec- tively, and that they and their successors by the names aforesaid shall be able and capable in the law, and have full power to purchase, have, take, hold, and enjoy such manors, messuages, lands, rents, tenements, annuities, and hereditaments, of what nature or kind soever, in fee and in perpetuity, or for term of life or years, as by grant or licence from the said United Company, they shall at any time be authorized to take, hold or enjoy, and also all manner of goods, chattels, and things personal whatsoever, of wiiat nature or value soever ; and that they and their successors, by and under the said name, may prosecute claim, plead and be impleaded, defend and be defended, answer and be answered in all manner of Courts, of us, our heirs and successors, and elsewhere, in and upon all and singular causes, actions, suits, writs, and demands, real, personal and mixed, as well temporal as spiritual, and in all other things, causes, and matters whatsoever. And that the said IJishop and his successors shall and may for ever hereafter have and use a corporate .seal, and the said seal from time to time at liis and their will and ])leasure, break, change, alter or make new as to him or to them shall seem expedient. And we do hereby further declare, that nothing herein containeti, shall extend, or be construed to extend, to limit or abridge any power, now by law vested in the Governor-general in Council, or Governors in Council of Fort William, Fort Saint George, and Bombay respectively, as to the residence of any person whatsoever within the territories under the government of the said C^nited Company. And we do hereby declare, that if we, our heirs or successors, shall think fit to revoke or recall the appointment of the said Hishop of Calcutta, or his successors, or of the Archdeacons of Calcutta, or Madras, or Bombay respectively, for the time being, and shall declare such our ])leasure by Letters Patent under our great seal of our United Kingdom, then every such Bishop or Archdeacon siiall from and after the notification thereof, in such manner as in the said Letters Patent shall from time to time be directed to the said Bishop or Archdeacons respectively, to all intents and pur])oses, cease to be Bishop of Calcutta, or Archdeacon of Calcutta, ]\Iadras, or Bombay, as the case may be. .And for removing douijt.swith respect to the validity of resig- nations of the said offices of Bishop, or Areiuli'acon, it is our further uill that if the said Bisiiop or any of his successors shall by instrument under his hand and seal delivered to our Connnissioners delegate aforesaid, and to be by tiiem accepted and registered, or any of the said Arclideacons or their successors by a like instrument delivered to tlie Bishop of Calcutta, for the time being, and by him accepted and registered, resign the ofilce of l$i>hop of Calcutta, or Archdeacon, as aforesaid, sucli IJishop, or Arclideacon, shall fortliwith cease to bt' Bisiio|) of Calcutta, or Archdeacon, as the case maybe, to all intents and pur|)oses, but without jirejudice to any responsibility to which he may be liable, in law or e([uity, in respect of Ins conduct in his saiil oflice. 590 [Bishoprics of Letters Patent respecting the Bishoprics of Calcutta and Madras, dated the thirteenth Day of June, one thousand eight hundred and thirty-five. So much of these Letters as consist of recital or revocation of former Letters is omitted. And whereas it is our intention by Letters Patent under the great seal of our said United Kingdom, bearing even date with these presents, to erect, found, and constitute our territo- ries in tlie East-Indies, within the Hmits of the Presidency of IMadras, and also our territories within the said Island of Ceylon, to be a Bishop's See, and to be called from henceforth the Bishopric of Madras, and to name and a])point our well-beloved Daniel Corrie, Doctor of Laws, now Archdeacon of Calcutta, to be Bishop of the said See of Madras, and to grant to such Bishop of Madras, and his successors, such or the like ecclesiastical jurisdiction, and the exercise of such or the like episcopal functions within the said See of ]\Iadras as were hereto- fore enjoyed and exercised by the said Bishop of Calcutta witliin the limits of the said Presi- dency of IMadras, and within our territories in the said Island of Ceylon. And we do further will and ordain, that the Bishop of the said See of Calcutta for the time being, shall be and be deemed and taken to be the Metropolitan Bishop in India, and shall have and enjoy and exercise such ecclesiastical jurisdiction as herein-after is mentioned, (subject nevertheless to the general superintendence and revision of the Archbishoji of Canterbury for the time being, in the same maimer as the said Bishop of Calcutta was subject and subordinate to the Archi- episcopal See of the province of Canterbury, in the exercise of all ecclesiastical jurisdiction and powers which previously to these our Letters Patent were vested in the said Bishop). And we will and ordain, that the said Bishop of IMadras shall be a suffragan to the said Bishop of Calcutta and his successors. And we give and grant unto the said Bishop of Calcutta and his successors, full power and authority to perform all functions peculiar and approjjriated to the office of Metropolitan within the limits of the said See of Madras, and to exercise metropoliti- cal jurisdiction over the Bishop of Madras and his successors, and the Archdeacon of ]\Iadras and Colombo, and all other Chajilains, Ministers, Priests, and Deacons in Holy Orders, of the united Ciuirch of England and Ireland, witliin the limits of the said Diocese of Madras. And we do, by these presents, give and grant unto the safd Bishop of Calcutta and his suc- cessors, full power and authority to visit once in every five years, or oftener if occasion shall require, as well the said Bishop of IMadras and his successors, as all IMinisters and Chaplains, and all Priests and Deacons in Holy Orders of the united Church of England and Ireland, resident in the said Diocese of Madras, for correcting and applying the defects of the said Bishop of Madras and his successors, with all and all manner of visitatorial jurisdiction, power, and coercion. And we do hereby authorize and empower the said Bishop of Calcutta and his successors to inhibit, during any such visitation of the said Diocese of Madras, the exercise of all or of such part or parts of the ordinary jurisdiction of the said Bishop of IMadras or his successors, as to him the said Bishop of Calcutta or his successors shall seem expedient, and during the time of such visitation to exercise by himself or themselves, or his or their Com- missaries, such jiowers, functions, and jurisdictions in and over the Diocese of Madras, as the said Bishop of IMadras might have exercised if he had not been inhibited from exei-cising the same. And we do fm-ther ordain and declare, that if any person against whom a judgment or decree shall be pronounced by the said Bishop of JMadras or his successors, or his or their Commissary or Commissaries, shall conceive himself to be aggrieved by such sentence, it shall be lawful for such person to appeal to the said Bishop of Calcutta or his successors, provided such appeal be entered within fifteen days after such sentence shall have been pronounced. And we do give and grant to the said Bishop of Calcutta and his successors, full power and authority finally to decree and determine the said a)5peals, in as am]3le a manner as any of the Archliishops of England can or may hear and determine appeals from the Courts of the Bishops within his province. And we do hereby authorize and empower the said Bishop of Calcutta and his successors, and his and their Commissary or Commissaries, to administer in his and their metropolitical and visitorial and appellate jurisdiction over the said See of Madras, all such oaths as the said Bishop of Calcutta and his predecessors have been accustomed lawfully to administer in his and their ordinary jurisdiction. Nevertheless we do will, and by Calcltta and ^Madras.] 591 these presents declare and ordain, that in tlie exercise of tlie metropolitical, visitorial, and appellate jurisdiction aforesaid, hereby limited and given to the said IJishop of Calcutta and his successors, all grave matters of correction which are accustomed according to the practice of the ecclesiastical laws of England to be judiciall_y examined, shall in like manner be judicially examined and proceeded in before the said Bishop of Calcutta and his successors, or his or their Connnissary or Connnissaries, and all such causes shall be proceeded into final sentence in due form of law. And we do further will and ordain, that in case any proceedings shall be instituted against any Bishop of jVIudras, such proceedings shall originate and be carried on before the said Bishop of Calcutta, whom we hereby authorize and direct to take cognizance of the same. And we further will, that during a vacancy of the said See of Calcutta, by tlie demise of the Bishop thereof for the time being, or otherwise, the episcopal jurisdiction and functions appertaining to the said See shall be exercised by the Bishop of Madras for the time being, and in case of a vacancy of the said See of Madras, then the same jurisdiction and functions shall be exercised as far as by law they may by the Archdeacon of Calcutta for the time being, or in ease of a vacancy of the said Archdeaconry, then l)y the Archdeacon of j\Iadras, or the Archdeacon of Bombay, or by two Clergymen of the Church of England resident within the Diocese of Calcutta, as may be directed by the Governor- general of India in Council. And we do further will, that during the vacancy of the said See of Madras, by the demise of the Bishop thereof for the time being, or otherwise, the episcopal jurisdiction and functions appertaining to such See shall be exercised by the Bishop of Calcutta for the time being, and in case of a vacancy of the said See of Calcutta, then the same jurisdiction and functions shall be exercised as far as by law they may, !)y the Arch- deacon of the Sec of ]\Iailras for the time being, or in case of a vacancy of such Arcluleaconry, then by two Clergymen of tiie Church of England, resident within the Diocese, as may be directed by the Governor-general of India in Council. And we further will and ordain, that a copy of every sentence of deprivation, suspension, or other ecclesiastical punishment or censure whatsoever, promulgated, or given, or affirmed by the said Bishop of Calcutta or his successors, in the exercise of his or their metropolitical, visitorial, or appellate juris- diction, shall be certified and transmitted to the same persons, and in the same manner as copies of sentences promulgated or given by the said Bishop of ('aleutta, or his successors, in the exercise of his or their ordinary jurisdiction, ought to be certified and transmitted. And we further ordain, that the said Supreme Court of Judicature at Calcutta, Madras, or Bombay, or in Ceylon (as the case may be) shall have such and the like jurisdiction and Eower of interfering by writ or prohibition, or mandamus, in regard to all ])rocecdings to be ad or instituted, or which might be hail or instituted, in )iursuanee of those presents, sub- ject to the same laws, restrictions, and rules of practice, as is, or has been exercised by our Court of King's Bench, at AVestminster, in regard to proceedings in the Ecclesiastical Court in England, regard being had, nevertheless to any special provisions or exceptions contained in these our Letters Patent, and to any other laws and regulations specially applicable to, or concerning our territories in the East-Indies, or the See and Diocese of Calcutta. Moreover it is our Royal will, and we do hereby declare and ordain, that nothing in these ])resents contained shall extend, or be construeil to extend, to repeal, vary, or alter tiie provisions of the several Ciiartei-s, whereby ecclesiastical jurisdiction has been given to the said Court of Judicature respectively, so far as the same does not appertain to the correction of Clerks, or the spiritual superintendence of ecclesiastical persons, or give to the said ]5ishop of Calcutta, or his suc- cessors, any authority or jurisdiction whatever in matters now cognizable in the said Courts, except as herein last before excepted. And moreover, we command and enjoin the Court of Directors of the East-India Company, and their Governors, officers, and servants, and our Governor of Ceylon, and all and singular our Governors, Judges, and Justices, and all and singular Chaplains, Ministers, and others our subjei'ts, within tiie jiarts aforesaid, that they and every of them be in and by all lawful ways and means aiding and assisting to the said Bishop of Calcutta and his successors in the execution of the premises in all things. Since the date of the above Letters Patent, the provisions of the 3 & 4 Wm. 4, cap. 85, for the erection of a Bisliopric at Bombay, subject to the Metropo- litan jurisdiction of Cnlcutta, have been carried into ellcct. APPENDIX, PART II. BY-LAWS OF THE EAST-INDIA COMPANY. 4 o APPENDIX. PART 11. BY-LAWS FOR THE GOVERNMENT OF THE CORPORATION OF THE EAST-INDIA COMPANY. CHAPTER I. Accounts. Section 1. — It is ordained, that the books containing the general accounts of this Com- Books o( the Com- pany in England sliall be balanced tu the 30tli day of April yearly, and tlie balance be drawn pany in England to be out witiiin six calendar months after tiie receipt of the Indian books of account, corresponding !!o'h"\'''' r"rtV*? '''* in period with tiie books about to be balanced in England. drawn out witliin ""six months of receipt of Sec. 2.— Item, It is ordained, that the books of this Company's affairs in India shall, I"^^"'" "^ooj^^. once every year, be balanced in every of the said Company's stations to the 30th x\pril in balanc'td yearly to"the each year ; and transcripts or copies tliereof, signed by the cliief civil servant of each station, 30th April, and copiei and those from the Presidency by the Accountant-general, shall be sent to England by the ««"' I'onae duly signed, first opportunity following : that those persons, whose duty it shall be to make up the same. Officers neglecting and who siiall refuse or neglect so to do, shall become thereby liable to dismission from tlie ''"''l'' '<> dismission. Company's service ; and that those accounts, when prepared, shall be accordingly transmitted to England by the first safe conveyance. tnnt. Sec. 3. — Itetn, It is ordained, that the secretary or his assistant in the department of Secreturj-, assistm.. accounts, or sucli other officer as the Court of Directors may appoint, with the iwrson keeping or other .xiicor. witb the journal in that department, do, witiiin fourteen days after the end ot every month, P*""" l-< on •■ii,»a "iii • 41 1 contracting for ships the i)8th Crco. 6, cap. Hii, intituled, " All Act to amend and reduce into one Act the several for Comi)aiiy's service, Laws relating to the manner in whicli the East-India Company are required to hire Ships," to be cunsidered By- ^\^^]i ^.^ ^^^^i i,g considered as by-laws of this Company. (1) Laws of Coin])any. ■' 1 .» v / (1) [The Act here referred to will be found in its proper place in this Col- lection.] Tenders of ships to §£(,_ 4, — Item, It is ordained, that the Court of Directors shall not accept the tender of any ni'ore o\vners in' writ- ship, but such as shall be first made by one or more of the o^viiers in writing, wherein shall ing, and to express be expressed the names of all the other owners. names of all other owners. CHAPTER III. Bi/-Lmcs. A Committee of I5y- SECTION 1. — Item, It is ordained, that at the Genera! Court to be held yearly in the month Laws to be chosen an, of June, a Committee of fifteen shall be chosen, whereof five to be a quorum, who being luially in June; num- ]iereby authorized and empowered, are required to meet at least twice in the year, to inspect rum " five- "to' meet 'he By-laws, and to make inquiry into the observance and execution of them, and to consider twice at least in the what alterations and additions may be proper to be made, and to report their opinion from year; duties. (j^^p (q jj,),p („ (he General Court ; and that the said Committee shall be summoned to meet, SeCTe'tJiry'on" 'rcn'uisi- hy tlie Secretary for the time being, on the requisition of any two members thereof. tion of two members. By-Laws to be read Sec. 2. — Itetu, It is ordained that tlie By-laws shall be read in the first Court of Direc- tors, and first General Court after every annual election. on certain occasions. By-Laws not to be Se(\ 3. — Item, It is ordained that no By-laws shall be ordained, altered, repealed, or sus- varied \vithout consent pended without the consent and a))probation of two General Courts, specially to be called for c two lenei.i ourts. ^^^_^^ pvirpose : of the first of which General Courts fourteen days' public notice at the least rvotice to be given. 1 n • • "^ shall be given. By-Laws.] 597 CHAPTER IV. Casli . Skcxion 1. — Item, It is ordained, that the Court of Directors shall not invest any of the Conijiany's money in ])urchasinnj anv part or share in the capital stock of this Company, without tlie consent of the General Court first had. Skc. 2. — Hon, It is orilaiiied, that tlie Court of Directors sliall not invest any of the Com- pany's uionev in shipping, excepting for tlie service of tlie ('omj)any. Skc. !3. — Item, It is ordained, tiiat tiie cash of this Corporation, exco])t such sums as the Court of Directors shall think necessary to trust under the care of the Company's cashier, from time to time, for tlie current business, shall be kept at the Bank of England, in such method as the Court of Directors sliall appoint. Sec. 4. — Item, It is ordained, that for every sum drawn out of the Bank of England, a write-off or draft shall be signed by the Cliairman or Deputv Chairman for the time being, and one other Director of tlie Finance anil Home Connnittec, and countersigned by the princi- pal casiiier or his iirst assistant, or bv such other officer or officers as the Court of Directors shall appoint for that ])urp()se, and that no otiier person but the principal cashier or his first assis- tant shall present the said w^rite-ott' or draft for payment; excepting nevertheless, that all bills of exchange accepted by order of the Court of Directors, and the dividends on the Company''s caj)ital stock, and also orders for monies made payable to others than the cashier or his first assistant, may, if the ('ourt of Directors should tiiink fit so to direct, be paid at the Bank of England, in such manner as may be arranged between tiie Court of Directors and tlie Bank. (oiiipany's money not to lie invested in C'onipany'sstock, with- out consent of General Court. Coiii]);iny's money not to be invested in sliipjiini;, except for Company's service. Cash to be kept at Bunk uf Engliinil. Write off or drafifoc sums drawn out of the liank of En;.,'lanil to he signed by certain Di- rectors. Countersigned and presenteaymeiit whereof the partiis pavini; tlieiii in .shall engage to be responsible for the three following davs. No money to be dis- posed of without order of Court of Directors. .\11 ))rofits to be brought to account of Comiiauy. Book eontaininir state of cash to be laid before Court of Direc- tors HcelJy, signed by casiiier. ( luiirman. Deputy, ami two Directors to examine and certify balance (ifcasli muntli- ly. N'o mitiniitcd vote of credit to be given to Einani'e and Home Coininiltce. .\o bills, drafts, ur notes to be In!. en. ex- cept notes of the f!ank of En'.'laiii!. luiil bank- ers* notes payable on demand, for which pur- ties paying shall be re- sponsdile. 598 [Bv-Lam's, CHAPTER V. Committees. Reports of Commit- tees to be laid before Court of Directors within eight days. Quorum of Finance and Home Committee to be three. Section L'—Item, It is ordained, that the report of every Committee appointed by the Court of Directors shall be signed and laid before a Court of Directors within eight days. Sec. 2. — Item, It is ordained, that the quorum of the Finance and Home Committee shall never consist of less than three Directors. CHAPTER VI. A Court of Direc- tors to he held once in every week. Chairman and De- puty Chairman to be chosen annually by ballot, and allowed ;£300 a year ; every other Director to be allowed £300 a year. No Director to have any dealings with the Company except at its public sales. Directors, Officers, and Servants. Section 1. — Item, it is ordained, tliat a Court of Directors shall be summoned and held once in every week, at the least. Sec. 2. — Item, It is ordained, that at the first Court of Directors after every annual election, a Chairman and Deputy Chairman shall be chosen for the year by the ballot, and tliat each of them be allowed five hundred poimds a year, every other Director three hundred pounds a year, for his attendance upon the business of this Company. Sec. 3. — Item, It is ordained, that in all cases, no Director of this Company shall have any dealings or business with the Company upon his own account, either separately or in conjunction with any other person or persons, for or in respect of buying for, or selling to, the Company, any bullion or otlicr goods, or in the making of any otlier bargain or contract by, to, or with this Corporation, otlier than at any of the Company's public sales. Sec. 4. — Item, It is ordained, that no Director of this Company shall, directly or indirectly, tender to the Court of Directors any ship or vessel of wiiich he shall be an owner or part, owner ; and that in case any ship or shares of ships, in the service of the said Company- shall come to a Director by bequest or marriage, or as next of kin of any person who shall cfie intestate, such Director shall give notice in writing to the Court of Directors of his being so interested, and shall sell and dispose of liis interest in such shipping within twelve months next after the same shall have accrued, or in default thereof shall be liable to be removed from the office of a Director. Sec 5. — Item, It is ordained, that no Director shall give his vote for any lot of goods bought at the Company's sale, or for making any allowance for any goods so bought, wherein he shall be directly or indirectly concerned. Sec. 6. — Item, It is ordained, that if any debate shall arise in the Court of Directors wMi tiiey^are p'erso" concerning any Director, or any matter or thing wherein any Director shall be personally naliy concerned, and concerned, every such Director, having been first heaid, shall withdraw during such debate, when question put. and when I he question thereon is put. No Director to ten- der any ship in which he is interested. Interest in sliips in Company's service ac- quired incidentally, to be reported to Court of Directors, and dis- posed of within twelve months. Tn default Directors liable to be removed. No Director to give a vote respecting goods wherein he is con- cerned. Directors to with- Director taking any Sec 7. — Item, it is ordained, that if any Director shall take any fee, present, or reward, ward ^to7o"rfeit double 1. . Good I loi>c, or obevcd lieyond the Cajie ot Good Hojie, but such as shall be Mgned by thirteen or more ot the ,||pn. „|||,,„J ^j,,,n,j i,y Directors fur the time being; except such orders as art' directed or allowed to be issued by thirteen or more Di- the Secret Committee, pursuant to tlie Act of Tarliament, 3^4 Wm. 4, cap. 8j. rectors; except orders ' '■ ' from (lie Secret Com- mittee, 600 [By-Laws. No Director, officer, or servant, in Europe, to trade to or from In- dia, either as principal or apent, otherwise tlian in the Company's joint stock. Offender to forfeit value of rAo.se. in trade, and be incapable of holding office. If Director, liable to be removed. Sec. 16. — Item, It is ordained, that no Director, officer, or servant of this Coniiiaiiy in Europe, shall trade, either as principal or agent, or execute any mercantile commission, either directly or indirectly, under any colour or pretence whatever, to or from India, otherwise than in the Joint Stock of the Company, or transact any kind of business for persons resident in India, for any gain or emolument wliatever ; and that whatsoever Director, officer, or servant of this Company in Europe, shall offend against this ordinance, shall forfeit to the use of this Company, the value of such goods, merchandizes, and money, as he or they shall trade for, or be concerned in executing any mercantile commission for, contrarv to tiiis ordinance, and shall be incapable of serving the Company in any place or office whatever, the qualification for which is subject to regulation by the General Court ; and, if a Director, shall be fin-ther liable to be removed from that office. No officer or servant ^'''•^- ^^- — Item, It is ordained, tliat no officer or servant of this Company in Europe, shall in Europe to deal with have any dealings or I)usiiicss with tliis Company, upon his own account or for his own profit Company, except by ^^^^ advantaffe, (lirectlv or indirectly, solely or in coniunction with any other person or e.xpress permission of -^ ' -, ^ -.i .. ^i • • "i ..i -.. x' .i Court of Directors in persons, or in any manner whatsoever, without tlie express permission and authority oi tlie writing. Court of Directors in writing, signed by the Secretary. No fees to he de- Sec. 18. — Item, It is ordained, that no officer or servant belonging to the Company shall, manded or accepted, directly or indirectl}', demand or accept any fee, reward, or present, other than sucii as .shall WdV7counof''Di' ^^ allowed and established by the Court of Directors, and contained in a table or tables of rectors, ami contained f*^eS) to be printed and exposed to public view in every office where fees are allowed to be in a printed table pub. taken, licly e.\hiblted. Xo officer or servant Sec. 19- — Item, It is ordained, that no officer or servant of this Company shall be or take of Company to be a ^po,, hi„iself tlie office of a broker. bioKer. t^ Member of Cuni])a- iiy ciideiivouring to ob- tain vote for election of Director by violent or corrupt means, if decliired guilty, by General Court, to he incapable of holding otfice, aiul if Director, to be liable to be re. moved. CHAPTER VII.- Elcctio)is. Section 1. — Item, It is ordained, that if any member of this Company shall, by menaces or promises, collusive transfer or transfers of stock, by any fee, present, reward, or remuneration, under the plea of defr.-iving travelling expenses, or under any other plea or pretence whatso- ever, directly or indirectly obtain, or endeavour to obtain, any vote for the election of liimself or any other to be a Director, and be declared guilty thereof at a General Court to be callei' for tliat purpose, such person shall be incapable thereafter of holding any office, tiie ([ualification for wliicli is subject to the regulation of the General Court ; and, if a Director, be further liable to be removed from his office. Xo lists to be Sec. 2. — Item, It is ordained, that no lists shall be received for any election, after the glass received after glass is finally sealed up according to the time prefixed. finally sealed up. j i a Upon an equality of Sec. 3. — Item, It is ordained, that if, upon the scrutiny for Directors, any two or more votes, election of Di- persons qualified shall have an equal number of votes, the election in such cases, shall mined by lot. ' ^'^ determined by drawing lots in the General Court in which such scrutiny shall be reported. Questions relating Sec. 4. — Item, It is ordained, that if on the scrutiny, two or more persons qualified for the to names of candidates g;,,^]^ office have the Same Christian and surnames, and are not distinguished by their additions, to be determined by .~ ,^, • ,• • ,■ . • i i i i . c < scrutineers, or if they "*" " ^ wrong L hristian name in any list is placed to a surname when but one person ot that are equally divid'd, by surname is qualified, or literal mistakes are made in Christian or surnames : in every of the '"'■ said cases, the majority of the scrutineers may determine the person or persons intended ; By-Laws.] GOl but in case of the scrutineers being equally divided, the question shall be decided by drawing lots. Skc. 5. — Item, It is ordained, that previous to every annual election of Directors, at least Seven montlis' pub- seven months' public notice shall be given thereof, and two printed lists of the names of ''<= notice ot annual the members who appear qualifietl to vote shall be ready to l)e delivered ; tlie first at least five (^ ),g „-^^^^ and'^iists months, and the second at least fourteen days before the day of the election. of mtmbcrs' (luaiified to vote lie reaily for delivery at two stated Sec. G.—Item, It is ordained, tliat a list shall be published, thirty tlays before tlie annual \^'^f^^ oUhZtlu *° election of Directors, containing the names of such Proprietors, cjualified agreeable to law, as Lists of candidates shall signify in writing to the secretary their desire of becoming candidates for the direction, fof ''"^ Direction to be thirty-two days before suci, annual election. C^'l^^^.aoi: Skc. 7. — Item, It is ordained, that in all elections to be annually made of six Directors for Proprietors voting at four years, in pursuance of the Act of Parliament of the 13th year of his Majesty K ng annual elections of Di- George 3, cap. 63, each Proprietor voting shall give in a list, containing not more than six ^^"^'"■'s 'og'^e in listof names of persons duly qualified to be Directors ; and if any list shall contain the names of Lists ' containing more than six persons duly qualified, every such list sliall be totally rejected. greater number to be rejected. Sec. 8. — Item, It is ordained, that the fourth and seventh sections of this chapter shall be certain sections of inserted at tiie end of every printed list delivered to the Proprietors, at or before the annual this elmpter to be in- election. serted at end of printed lists delivered to Pro- prietors. Sec. 9. — Item, It is ordained, that in all elections of Committees made by ballot in a Election of Commit- General Court, the same method (so near as the case will admit) shall be observed, under such rarrour""°o beacon' penalties as are before prescribed concerning the election of Directors. ducted in same me- thod as elections of Directors and under Sec. 10. — Item, It is ordained, that whenever two or more ballots are to be taken on distinct s"'"'' l"^""'"**- ,',,',,,,,. , Ballots on distinct (lucstions on the same (lay, the same ballots be taken ni separate rooms ; anil that upon every questions oceniring on pid)lic ballot, the Directors in charge of the glasses, at their being opened, shall retiuire the the same day to be scrutineers, should any be then present, to satisfy themselves of their being empty, and that at ^'•^^^" '" separate the conclusion of each ballot tiie Directors in charge of the glasses deliver the same, scaled up Glasses may be e\a- to tiie scrutineers. niined when opened, and are to be delivered sealed up wiien ballot is concluded. CHAPTER VIII. GeiiiTdl Courts. Skction 1. — Item, It isordaini>d, that if at any Gt'iiii-al Court nine of the members present, a ballot to be taken duly qualified to vote, sliall demand a ballot for determining any ijuestion, except for adjourn- w''"' "lemanded by nient, or tiie previous question, or an amendment, such question shall l)e put by the ballot, and '""" ('".""''7^ P'esfnt not otherwise. Exceptions." Sec. 2. — Item, It is ordained, tliat if any doubt sliall arise in the (ieniral Court uiiou, or Motions for adjourn- relating to, any declaration wiiieli shall be made I'roiii tiie Chair upon the question for adjoiu-n- "}^"^- previous ijues- nient, or the previous (luestinn, or an amendment, such (luestion shall be dcteriiiincil by a !'"",' "'",' '""""''"^■"•* 1- • • r- .1 i> • . 11 I-,' 1 . . 1 .' " to be determined by division ot tlie Proprietors duly (|ualUR'il to vote then present. division. „ „ , ¥ ■ 1 ■ 1 1 11 • • yi (iuestioiis, Willi cer- SEC. J. — Item, It IS ordamed, that all questions in any General Court, i \iipt tlir previous lain exeeptions. to be question or for adjournment, shall, if icquiri'd, be stated in writing, before the same shall be '-'"'"'i' "' writing if rc- put, and the Chairman shall not adjourn or ilissolve the Coiut witiioul a question. '"('jeneral Court not to be adjourned ordis- 4 II solved without (lues- tion. 602 [Bv-Lam-s. Notice of motions to Sec. 4, — Item, It is ordained, that no motions shall, in future, be made in a General Court, forgive offences orgrant to forgive any offences committed by any of the Company's servants, or to make any grants money to be given and pf jj,^y g^nis of money oul of the Company's cash, without notice being given in writing by tiie persons proposing the same, and published by the Court of Directors at least fourteen days previous to the holding of such General Court. published. Notices of motions in General Court to be advertised. Sec. 5. — Itein, It is ordained, that all notices of motions for consideration in the General Court shall be advertised in two or more of the London morning newspapers, at least three days before the day of meeting, at which the motion is to be taken into consideration. No person to be pre- Sec. 6. — Itc7n, It is ordained, that no persons be admitted to Iw present at any General sent at General Court (^"Qurt who shall not at the time be possessed of five hundred pounds stock. unless possessed of ^ '■ £500 stock. CHAPTER IX. Offices, Salaries, Pe/isiotis, and Gratuities. No new office to be Section 1. — //em, it is ordained, that no new office, cither at home or abroad, shall be created created of more than \jy (|^g Directors, with any salary exceeding the sum of two hundred pounds per annum, fut%probrt'im"of two without the approbation of two General Courts to be summoned for that purpose. General Courts. No additional saliuy exceeding i'200 per annum to be annexed to any office without approbation of two Ge- neral Courts. Resolution of Court of Directors granting new or increased pen- sions exceeding £200 per annum to be laid in form of a report before two General Courts, and approved previously to being submitted to Board of Commissioners. Grounds to be stated. Resolution and re- port to be signed by Directors approving. Resolution of Court of Directors bestowing gratuity exceeding £GO0 to be laid in form of a re])ort before two General Courts, and approved. Grounds to be stated. Resolution and re- port to be signed by Directors approving. Documents on which resolution formed to be open to inspection of Proprietors. Sec. 2. — lieni, It is ordained, that no additional salary, exceeding in the whole two hundred ])ounds per annum, shall be annexed to any office without the approbation of two General Courts to be summoned for that purpose. Sec. 3. — Item, It is ordained, that every resolution of the Court of Directors for granting a new pension or an increase of pension, exceeding in the whole two hundred pounds per annum, to any one person, shall be laid before and approved by two General Courts specially sunnnoned for that purpose, before the same shall be submitted to the Board of Commis- sioners for the Affairs of India in the form of a Report, stating the grounds upon which such grant is recommended, which resolution and report shall be signed by such Directors as approve the same ; and that the documents upon which such resolution may have been formed, .shall be open to the inspection of the proprietors from the day on which public notice has been given of the proposed grant ; and that such allowances, in the nature of superannuations, as the Court of Directors are em)oowered to grant to their officers and servants in England, by 53 Geo. 3, cap. 155, sec. 93, shall be laid before the next General Court. Sec. 4. — Item, It is ordained, that every resolution of the Court of Directors for granting to any person, by way of gratuity, any sum of money, exceeding in the whole six hundred pounds, sliall be laid before and approved by two General Courts specially summoned for that purpose, in the form of a report, stating the grounds upon which such grant is recom- mended, which resolution and rej)ort shall be signed by such Directors as approve tlie same, and that tlie documents on which such resolution may have been formed shall be open to the inspection of the Proprietors from the day on which public notice has been given of the proposed grant. By-Laws.] 603 CHAPTER X. Parlia7ne7itary Papers and Proceedings. Section 1. — Item, It is ordained, that copies of such accounts and papers as may from time to time be laid before either House of Parliament by the Court of j3irectors, and copies of all bills or resolutions in either House, in anywise regarding the East-India Company, shall be laid upon the table of tlie reading-room appropriated to the Proprietors, and shall be laid before the next General Court ; and that all proceedings of Parliament which, in the opinion of the Court of Directors, may affect the rigiits, interests, or privileges of the East- India Company, sliall be submitted by them to the consideration of a General Court to be specially summoned for that purpose, before the same shall be passed into a law. Copies of accounts and papers laid before I'arliiirnent by Court of Uirictors, and of bills and resolutions in Parliament repirding Company, to be laidon table of Proprietors* readini^-room and be- fore next General Court. Proceedings of Par- liament affecting Com- pany to be submitted (before becoming law) to a General Court. CHAPTER XI. Register of Bonds and other Instriwients. Section' 1. — Item, It is ordained, that the Court of Directors do cause a register of Register of all bonds all bonds for money borrowed at interest to be kept, under the inspection of those who have jnter'e" tw be'^kept*! the custody of the seal. Sec. 2. — Item, It is ordained, that a register be kept, in like manner, for tlie entry of Also, register of all all other bonds and instruments of what kind soever, which shall pass under the Company''s otlicnnstrumentspass- j '11./ ,„g under Company s seal. Sec. S.—Item, It is ordained, that the Secretary for the time bi-ing do see tliat the , Rcgi^^ter books to said register-books be laid before the Court of Directors at the first Court in every calendar month. be laid before the Court niontlily. CHAPTER XII. Seal of the Company. Sectuix 1. — Item, It is ordained, that the connnon seal of tliis Corporation sliall be kept under three locks. Tiiat the key of one of the said locks sliall be kept iiy the Cliairmau or Deputy Chairman for tiie time being ; that tlie key of anotlier of the said locks shall be kept by the Secretary or liis assistant ; and that llie key of the tliird lock shall be kejit by the Examiner of India correspoiulence or his assistant. Tiiat in case of the indispensable absence of the Chairman and De|)uty Chairman, they be authorized to place tlieir key in the custotly of such other officer as they may select for that purpose : and that the said seal shall not be set to any writing or instrument but by an order of the Court of Directors first had for that purpose; and in tiie unavoidable absence of the Cliairman or Deputy Cliairman, not to be affixed but in the presence of the Secretai-y and the E\aminer of India ci)rre'>piiiidence, or their respective assistants, and of the odicer who may be in charge of tlie C'liairman and Deputy Chairman's key. 4n 2 Company's seal to be kept uniler three locks, keys to be kcjit by Chairman or liepuly. Secretary or assistant, and Examiner or assis- tant. Chainnnn or Deputy may place key in cus- tody of ollicer. Se.il not to be set to any writing but by or- der of Court of Direc- torii. In absence of Chair- man or Deputy, not to be ullixed line in pre- sence of Secrclary and l^xiiminer (or their as- sistanl-.!, and ollicer in charge of key of the Chairs. APPENDIX. PART III. ACTS OF THE GOVERNMENT OF INDIA- APPENDIX. PART III. ACTS OF THE GOVERNMENT OF INDIA. ACT No. I. OF 1834. Passed by the Right Honourable the Goijernor-general of India in Council on the 20th November, 1834. Be it enacted, that all acts done by the Governor-general of India in Council, or by the Vice President of Fort William in Bengal in Council, or in pursuance of any authority given by the said Governor-general in Council, or by the said Vice President in Council, between the 22nd of April, 1834, and the 14th of November, 1834, shall be valid and eflcctual to all intents and purposes, as if the said acts had been done before the said 22nd day of April, 1834. ACT No. II. OF 1834. Passed by the Right Honourable the Governor-general of India in Council on the 20th November, 1834. Be it enacted, that each of the Secretaries to the Government of India and to the Govern- ment of Fort William in Bengal, shall be competent to perform all tlie duties and to exercise all the powers which by any Act of Parliament or any regulation now in force, are assigned to the Chief Secretary to the Government of Fort William in Bengal, and that each of the Secretaries to the Government of Fort St. George and Bombay respectively, shall be competent to perform all the duties, and to exercise all the powers, which by any Act of Parliament, or any regulation now in force, arc assigned to the Chief Secretaries to the Governments of Fort St. George and Bombay respectively. ACT No. IV. oi- 1835. Passed by the Right Honourable the Governor-general of India in Council on the I3th March, 1835. Be it enacted, that from the 14th day of IMarch, 1835, all powers whatever in criminal cases which, by virtue of any law now in foice, may be ixercised uy two Justices of the Peace for the town of Calcutta, shall be exercised by one such Justice. 608 [No. XI. of 1836. ACT No. IV. OF 1836. Passed by the Right Honourable the Governor-general of India in Council on the 22nd February, 1836. It is hereby enacted, that the Act of Parliament passed in tlie 9th year of King George the Fourth, and entitled " An Act to provide for the Relief of Insolvent Debtors in the East- Indies until the 1st day of March, 1833," which Act was, by an Act passed in the 2nd year of King William the Fourth, continued till the 1st day of March, 1836, shall continue to be in force till the 1st day of March, 1839- ACT No. VIII. OF 1836. Passed by the Right Honourable the Governor-general of India in Council on the 28th March, 1836. I. It is hereby enacted, that from the 31st day of March, 1836, no person whatever shall by reason of place of birth, or by reason of descent, be incapable of being a Principal Sudder Ameen, Sudder Ameen, or Moonsiff, witliin the territories subject to the Presidency of Fort William in Bengal. II. And it is hereby enacted, tliat every British-born subject of the King, or descendant of such British-born subject, who shall be appointed a Principal Sudder Ameen, Sudder Ameen, or Moonsif, shall, in respect of all acts done by him as such Principal Sudder Ameen, Sudder Ameen, or IMoonsif, be liable to the same proceedings, as well criminal as civil, and shall be amenable to the jurisdiction of the same tribunals, as if he were not of British birth or descent. ACT No, XI. OF 1836. Passed by the Right Honourable the Governor-general of India in Council on the 9th May, 1836. I. It is liereby enacted, that from the 1st day of .June, 1836, the 107th clause of an Act of Parliament, passed in the 53rd year of King George the Third, and entitled, "An Act for continuino- in the East-India Company for a further Term the possession of the British Territories in India, together with cei-tain exclusive Privileges ; for estabhshing further Keo-ulations for the Governnient of the said Territories, and the better Administration of Justice within the same, and for regulating tlie Trade to and from the Places within the limits of the said Company's Charter," shall cease to have effect within the territories of the East-India Company. II. And it is hereby enacted, that from the said day and within the said territories, no person whatever shall, by reason of place of birtli, or by reason of descent, be in any civil proceeding whatever excepted from the jurisdiction of any of the Courts herein-after men- tioned ; that is to say, The Courts of Sudder Dewanny Adawlut — of tlie Zillah and City Judges — of the Prin- cipal Sudder Ameens — and of the Sudder Ameens, in the territories subject to tlie Presidency of Fort William in Bengal. The Court of Sudder Adawlut — the Provincial Courts — the Courts of the Zillah Judges — of the Assistant Judges — of the Registers — and of the Native Judges, in the territories subject to the Presidency of Fort St. George. Tlie Courts of Sudder Adawlut — of the Zillah Judges — of the Native Judges — and of the Principal and Junior Native Commissioners, in the territories subject to the Presidency of Bombay. No. XIV. of 1836.] GOO ACT No. XIV. OF 1836. Passed hy the Right Honourable the Govcnior-geiiural of hidia hi Council on the SOth Mui/, 1S3G. I. It is hereby enacted, that from tlie 1st .luiie next, such ])arts of Regulations IX. and X. 1810, Regulation XV. 1825, and of any other Regulations of the Bengal rrosidcncv, as pR'scrihe the levy of transit or inland Customs duties, or of town duties; and likewise- the seliedules of duties and ])rovisi()ns of any kind contained in these, or any other Regu- lations for fixing tiie amount of duty to be levied upon goods imported into, or exported from, the said Presidency by sea, shall be repealed : provided, however, that nothing herein contained, .sliall be construeil to prevent the levy of (hitics at the rates now in force at the Custom-iiouses and Chokies established on the line of the Jumna, or on anv frontier line, upon goods crossing that line for ini))ort into, or export from, the territory of t'le Kast- India Comj)any by land, nor to affect tiie Regulations in force for imposing and levying duties on salt, the ])roduce of ^Vcstern and Central India. II. And it is iiereby enacted, tiiat duties of Customs shall be levied on goods imported by sea into Calcutta, or into any olher jilace within the pnninces of Bengal and Orissa, accoriiing to the rates s])eci(ied in schedule A. annexed to this Act, and with the excejitions specified therein, and the said schedule with the note.; attached thereto, shall be taken to be a part of this Act. III. And it is hereby further enacted, that duties of Customs shall be levied upon country goods exported by sea from any port of Bengal or Orissa, according to the rates specified in schedule B, annexed to this Act, with tiie exceptions tlierein specified, and the said schedide with the notes attached thereto, shall also be taken to be a part of this Act. IV. And it is hereby enacted, that no goods or articles whatsoever, entered in eitlier of the said schedules as liable to dutv, shall be exempted from the payment of such duty or of any jiart thereof, except luider special order from tiie Governor of Bengal : provideil however that it .-luill and bi' lavud for the ector of Customs or other oflic^'r in chai'iij of a Custom-liousc, to pass free of duty, as heretofore, any baggage in actual use, at his discretion, and in case of any person applying to have goods passed as such, the collector acting uiuier the orders of the Board of Customs, salt and opium, shall determine whetiier they be baggage in actual use, or goods subject to duty, under the rules of this Act. V. And it is hereby enacted, that the rules and regulations now established for tiie kvy of duties of Cust:>ms on goods imported into, or exported from, Calcutta and other ports of the Presidency of Fort \V^iiliam in IJengal, shall continue to be in force, and shall bo observed and a])])lied for tiie levy of the import and export duties imposed by this Act, unless rejiealed or altered, or rej)ugnant to the provisions thereof. Re(<;iiliitions imposing- transit .ind town duties in the interior, and fix- ing rules of import and export duty on se.1 goods repealed ; except !;s regards the .Tnmna frontier line, and duties pn western salts. Import duties to be levied according to Schedule A, annexed. Kxport dutit'S to be collected on country goods according to Schedule B, annexed. No gucds enlercd therein as liable to duty to be exempted, except by order ot Go- vernment ; but the collector may pass baggage belonging to passengers at his discretion. Existing rules to he enforced tor levying the new in>portah,, „..,i ..;,,.,.,i ;., d.,. /■',./,..,/<,. n — ,//,. »., i: i ;. " so (K'livered by the master and commander sha , of all tiie goods imported in ihf vessel, (he master or ])erson in charge tiiereof, shali' be liable to a fine of 1,000 rupees; and any goods or packages that may be found on board in excess of the manifest so delivered, or iliffering in <|iiality or kind, or in marks and num- bers, from the specification contaiiirtl therein, shall be liable to lie seized and conliscated, or to be charged with such increasetl tinties, as may be determined by tiie Board of Customs, 4i ■ ■ Place iray bo fixeil by (Jovernor of Ileii- gal, heyond wliich an inwaril' bound vessel is not to proceed until a manifest lia< liicn de- livered to |ii:o[ to 111- forwarded. Master to be respon- sible for Its corrreel- iiess, under penalty of 1,(100 rupees. Goods in excetniding wjlli marii!i-.^t to be seized and conliscated ; or charged with increased duties. 610 [No.XIV. of 1836- The masters of ves- sels lying below, to de- liver manifests on com- ing to anchor. If remaining at an- chor twenty-four hours v^'ithout sending mani- fest to be subject to penalty of 1 ,000 rupees. No vessel to break bulk unless two copies of manifest have been received ; and entry may be re- fused until papers of the places of departure are delivered. Collector may send Custom-house officer on board any vessel — to remain on board till she sails. Persons refusing to admit Custom-house officers, or not giving them proper accom- modation, liable to fine. salt and opium; and if any inward-bound vessel shall remain outside, or below tlie place so fixed by the Governor of Bengal, the master or conmnander shall in like manner deliver to tlie pilot so soon as the vessel shall anchor, a manifest as above prescribed; and if any vessel entering- a port for wliich there is a Custom-house established, shall lie at anchor therein for the space of twenty-four liours, the master and commander whereof shall neglect to deliver the said manifest to the pilot on board, he shall for sucli neglect be liable to forfeit the sum of one thousand rupees, and no entry or port clearance shall be given for sucli vessel, until the fine is paid. VII. And it is hereby enacted, that no vessel shall be allowed to break bulk until the manifest described in the preceding section of this Act, and another copy thereof to be presented at the time of applying for entry inwards, shall iiave been received by the collector of Customs, and order shall have been given by the said collector for the discharge of the cargo, and the said collector may further refuse to give such order if he sliall see fit, until any port clearances, cockets, or other papers, known to be granted at the places from which the vessel is stated to have come, shall likewise be delivered to him. VIII. And it is hereby enacted, that it shall be competent to the collector of Customs at anv port of Bengal or Orissa, at his discretion, to send one or more officers of Customs on board of any vessel at any time, and the Custom-house officer so sent shall remain on board of such vessel by day and by night, until the vessel shall leave the port, or until it be otherwise ordered by the collector of Customs. IX. And it is hereby enacted, that any master or jjerson in charge of such vessel, who shall refuse to receive a Custom-house officer on board when so deputed as above provided, or shall not afford such officer suitable shelter and sleeping accommodation while on board, shall be liable to a fine not exceeding the sum of 500 rupees for each day, during which such officer shall not be received and provided with suitable shelter and accommodation, which fine shall be adjudged by, and at the discretion of the Board of Customs, salt and opium, at Calcutta, and the vessel by the master or person in charge of which such fine shall have been incurred, shall not be moved until the same shall be paid. X. And it is hereby enacted, that whenever a collector of Customs shall see cause to direct that any vessel shall be searched, he shall issue his warrant or written order for the same, addressed to the Custom-house officer on board, or to any other officer under his authority, and upon production of such order, the officer bearing it shall be competent to require any cabins, lockers, or bulkheads to be opened in his presence, and if not opened upon his requi- sition, to break the same open, and any goods that may be found concealed, and that shall not be duly accounted for to the satisfaction of the collector of Customs, shall be confiscated, and any master or person in charge of a vessel, who shall resist such officer, or refuse to allow the vessel to be searched when so ordered by the collector of Customs, shall be liable upon con- viction for everv such offence to a fine of one thousand rupees, to be adjudged by any magis- trate or justice of the peace of the place. Goods not to be ^I- -A^nd it is hereby enacted, that no goods shall be allowed to leave any vessel, or to be landed or put on board put on board thereof, until entry of the vessel shall have been duly made in the Custom- nil entry of the ship is J^ouse of the port, and order shall have been given for dischai'ge of the cargo thereof as above ' '' *■■ provided ; and it shall be the duty of the Custom-house officer on board, and of all officers of Customs to seize as contraband, any goods which shall have been removed or put on board of any vessel, in contravention of the above provision, or which any attempt shall have been made to remove from, or to put on board of, any vessel in contravention of the above provi- Cargo to be sent sion : and after entry of the vessel at the Custom-house in due form, such part of the cargo as ashore and laden out- may not be intended and declared for re-exportation in the same vessel, shall be sent to land : wards according to ex- ^nd export cargo shall be laden on board thereof according to the rides and practice now in force, and if an attempt be made to land or put on board goods or merchandize in contraven- tion thereof, the goods or merchandize shall be liable to seizure and confiscation. Collector may order a vessel to be searched. Bulkheads to be broken open if not opened on requisition. Any concealed goods to be confiscated. Resistance or refusal of masters punishable with fine of 1,000 ru- pees. istiniz forms. Goods unmanifested not to be landed in ordinary form ; XII. Provided however, and it is hereby enacted, that no goods shall be allowed to leave any vessel under the said rules, unless the same be duly manifested, and any goods found on No. XIV. of 1836.] 611 board in excess of the manifest, or not corresponding with the specification and description tlierein contained, shall be seized l)y the Custom-house officer on board, in order that they mav be dealt witli as prescribed in section VI. of this Act; and if .ntaineil in section XIX. of this Act. Arabs and other fo- XXI. Ami it is iieieby fiuther enacted, that vessels owned by natives of Arabia and reign Asiatic vessels to Coming from the ports thereof, and likewise the vessels of any country or port of Asia not be deemed foreign. subject to the dominion of the King of the United Kingdom of Great 'Britain and Ireland, excepting dhoonies and .small craft from the Maldive and Nicobar Islands as herein-under provided, shall be deemed foreign vessels. Uhonnies, &c. to be XXII. And it is hereby enacted, that dhoonies, country craft, and other small vessels, p'i!rticular°parVo'f "he ^^^^ brought into the port of Calcutta by pilots, shall be required to anchor and moor in such river. No. XIV. of 1836.] 613 part of the river Hooglily as shall be marked out by the collector of Customs, with the siuiction of the Board of Customs, salt and opium ; and if any such vessel shall anchor in any other part of the river than as so marked out, and the master or person in charge theret)f shall not inmiediatelv upon being ordered so to do, move his vessel to the place marked out, he shall be liable to a tine of one hundred rupees, to be adjudged by the collector of Customs, and the vessel, or any part of its equipment or cargo may be seized and sold in satisfaction of such fine, and goods shall be hnnled from such vessels and put on board for export according to such rules, and at such places as shall be prescribed by the collector of Customs, and vessels of this description conn'ng from the ^Maldives, or from the Nicobar Islands, shall be consitlered as British vessels. Penalty if not moved wlien required, 100 ru- pees. ^'essel, its equip- ment, or cargo may be seized. Dhoonics, &c. from Maldives and Nicobars to be British vessels. SCHEDULE A. Rates of Duty to he charged on Goodn imported htj Sea into any Port of the Presidency of Fort William in Beiigal. No. 1 2 I 3 4 5 6 7 Enumeration of Goods. 10 [ 11 ! 12 1 J. 3 14 1.5 16 17 When imported on British ^Vhen imported on Foreign Bottoms. bottoms. 1 Bidlion .and coin Precious stones and pe.-irls Grain and pulse Horses and otlier living animals Ice Coal, coke, bricks, chalk, and stones Books printed in t!ie United Kingdom, or in any British possession ..^ ... J Foreign Books ... ... ... Marine stores, the produce o\•^ manufacture of the United I Kingdom, or of any British ( possession ... ... J Do. do. the produce or nianiifac--, lure of any other place or ' country ... ... J Metals, wrought or unwrouglit,-i the produce or manufacture of the United Kingdom, or any i British possession ... J Metals, do. do. excepting tin, the■^ produce or manufacture of any v other place ... ... J Tin, tile produce of any other"! j)lacc than the United King- ,• doni, or any British possession J Woollens, the produce or nianu-'i faeture of the United King- . doni, or any britisli possession ^ Do. the protluce of any other | place or country ... i Cotton and silk piece goods, cot-T ton twistandyarn,thc produce I of the United Kingdom, or of I any liritisli possession J Do. tlic produce of any other place Free Ditto ... Ditto ... Ditto ... Ditto ... Ditto ... Ditto ... ,3 per cent 3 per cent 6 per cent 3 per cent. G per cent. 10 per cent. 2 per cent. 4 per cent. i\ per cent 7 per cent. ••• I Free. Ditto. Ditto. Ditto. Ditto. Ditto. 3 percent. 6 per cent. 6 per cent. ... '• 12 percent. G per cerit. 12 per cent. 1 ... I 20 per cent. ... I 4 per cent. 8 per cent. 7 per cent. 14 per cent. G14 [i\o. XIV. of 1 836. No. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Enumeration of Goods. Opium Salt Alum Camphor Cassia Cloves Coffee Coral Nutmegs and Mace Pepper ... Kattans ... Tea Vermilion Wines and Liquers Spirits, consolidated duty, in--j eluding that levied heretofore > through the police of CalcultaJ And the duty on spirits shall be rate ably increased as the strength exceeds of London proof, and when imported in bottles, five quart bottles shall be deemed equal to the imperial gallon. All articles not included in the "i above enumeration ... J When imported on British bottoms. 24 rupees per seer of 80 tolas Rupees 3-4 per maund of 80 tolas per seer 10 percent. 10 per cent. 10 per cent. 10 per cent. 7| per cent. 10 per cent. 10 per cent. 10 per cent. 7i per cent. 10 per cent. 10 percent. 10 per cent. 9 annas per imperial gallon 3J per cent. When imported on Foreign bottoms. T^24 rupees per seer of 80 J tolas. "1 Rupees 3-4 per maund of J 80 tolas per seer. 20 per cent. 20 per cent. 20 percent. 20 per cent. 15 per cent. 20 per cent. 20 per cent. 20 per cent. 15 per cent. 20 per cent. 20 per cent. 20 per cent. 16 annas per imperial gallon 7 per cent. And when the duty is declared to be ad valorem, it shall be levied on the market value without deduction, and if the collector of Customs shall see rea.son to doubt wlietiier the goods come from the country from which they are declared to come by tlie importer, it shall be lawful for the collector of Customs to call on the importer to furnish evidence as to the place of manufacture or production, and if such evidence shall not satisfy the said collector of the truth of the declaration, the goods shall be charged with the highest rate of duty, subject always to an appeal to the Board of Customs, salt and opium. And upon the re-export by sea of goods imported, excepting opium and salt, provided the re-export be made within two years of the date of import as per Custom-house register, and the goods be identified to the satisfaction of the collector of Customs, there shall be retained one-eighth of the amount of duty levied, and the remainder shall be repaid as drawback : and if goods be re-exported in the same ship without being landed (always excepting opium and salt, in regard to which the special rules in force shall continue to apply) there shall be no import duty levied thereon. No. XIV. of 1830.] 615 SCHEDULE B. Rates of Duty to he charged upon Goods exported by Sea from any Port or Place in the Presidency of Fort Jf Uliain in Bengal. No. 10 11 12 1.3 U 15 16 Knumeration of Goods. Bullion and coin Precious stones and pearls ... Books printed in India ... Horses and living animals Opium purchased at government! sales in Calcutta ... J Cotton wool exported to Europe,") the United Slates of America, { or any British possession in ( America ... ... J Ditto ditto exported to placesT other than above ... J Sugar and rum exported to the-i United Kingdom, or to any I British possession ... J Ditto exported to any other place Grain and pulse of all sorts Indigo ... ... ... -i Lac dye and shell lac ... Silk, raw filature ... 'i Silk, Bengal wound ... J Tobacco All country articles not enume--i rated or named above j Kxported on British bottoms. Exported on Foreign bottoms Free Ditto Ditto Ditto Ditto Ditto Annas 8 per maund of 80 tolas per seer Free 3 per cent. 1 anna per bag not ex- ceeding 2 maunds of 80 tolas to the seer, or if exported otherwise than in bags, half an anna per maund Rs. 3 per maund of 80 tolas to the seer. 4 per cent. 3 A annas per seer of 80 tolas 3 annas per seer of 80 tolas ... 4 annas per maund 3 per cent Free. Ditto. Ditto. Ditto. Ditto. r8 annas per maund of 80 \ tolas to the seer. /I6 annas per maund of I 80 tolas to the seer. 3 per cent. 6 per cent. 2 annas per bag not ex- ceeding 2 maunds of 80 tolas to the seer, or if exported other- wise than in bags, I anna per maund. 1 Rs. 6 per maund of SO / tolas to tlic seer. 8 per cent. \7 annas per seer of 80 / tolas. 1 6 annas per seer of 80 / tolas. 8 annas per maund. 6 per cent. And when the duty is declared to be ad valorem, tiie same shall be levied on the market value of the article at the place of export, without deduction. And in scttlinjj for the duties on exports liy sea, credit shall be given for payment of in- land Customs duty, and drawback sli;ill bo allowod of any excess of duly paid upon produc- tion of ruwanns under the followinn; conditions, until the 1st April, IS.'iT: — 1st. Tiiat tile goods shall be identified, and destination to the port of export i)n)ved in the usual manner. 2d. That tiie ruwanas .sliall bear date before the 1st April, 1S3C, and the good.s shall not have been protected thereby, or by the original thereof, more than two years. And iifter tliesaid Isl A])ril, 1837, credit shall not be given, nor shall drawback l)e allowed, of any inland Customs or land frontier duty paid at any Custom-house or Chokee of the Junnia frontier line, or of Benares, except only u]ion tiie article of cotton wool covered by ruwanas taken out at the C'listom-houses of the western provinces, and ])roved tt) have been destined for export by sea when passed out of tho.se provinces. [See No. IG of 1^37, and No. 1 of 1838.] G16 [No.XXVllI. of 1836. ACT No. XXIV. OF 1836. Passed by the Right Honourable the Governor-general of India in Council on the loth October, 1836. I. It is hereby enacted, that the officers who in the Regulations of the Presidency of Fort St. George are designated as Native Judges and Native Criminal Judges, shall, from the 1st day of November, 1836, be designated as Principal Sudder Ameens. II. And it is hereby enacted, that from the said 1st day of November, 1836, the officers who, in the Regulations of the Pi-esidency of Bombay, are designated as Native Judges, shall be designated as Principal Sudder Ameens ; and the officers who in the said last-mentioned regulations are designated as Principal Native Commissioners shall be designated as Sudder Ameens ; and the officers who in the said last-mentioned regulations are designated as Junior Native Commissioners shall be designated as IMoonsiff's. III. And it is hereby enacted, that from the said 1st day of November, 1836, no person whatever shall, by reason of birth or by reason of descent, be incapable of being a Principal Sudder Ameen, Sudder Ameen, or Moonsiff, within the territories subject to the Presidencies of Fort St. George and of Bombay. IV. And it is hereby enacted, that every Britisb born subject of the King, or descendant of such British-born subject, who shall be appointed a Principal Sudder Ameen, Sudder Ameen, or ^Moonsiff, in the territories subject to the Presidency of Fort St. George or of Bombay, shall, in respect of all acts done by him as such Principal Sudder Ameen, Sudder Ameen, or Moonsiff', be liable to the same ]5roceedings, as well criminal as civil, and shall be amenable to the juris- diction of the same tribunals, as if he were not of British birth or descent. V. And it is hereby enacted, that from the said 1st day of November, 1836, no person shall by reason of place or birth, or by reason of descent, be excepted in any civil proceeding from the jiu-isdiction of the Assistant Judges in the territories subject to the Presidency of Bombay. ACT No. XXVIII. OF 1836. Passed III/ the Right Honourable the Governor-general of Inili a in Council on the 7th November , 1836. I. It is hereby enacted, that from the 1st day of December, 1836, no assessment made by the Justices of the Peace for the Presidency of Fort Saint George under the authority of the Act of Parliament of the 33 George III, cap. 52, shall be levied, until the same .shall have been approved by the Governor in Council of Fcrt Saint George. II. And it is hereby enacted, that it shall be lawful for the said Governor in Council of Fort Saint George, by an Order in Council, to exempt any district, or portion of a district, from payment of any such assessment. No. XXXII. of 1836.] 617 ACT No. XXXII. OF 1836. Pamed by the Right Honourable the Governor-general of India in Council on the 2Sth November, 1836. I. It is hereby enacted, that if any jierson after tlie 1st Any of December, 1836, lands or attempts to hind in any part of tlie territories subject to the Government of the Presidency of Fort WilHam in Benj^al (1) any sugar which is not the growth of a British possession into which foreign sugar cannot be legally imported, such sugar shall l)c seized and confiscated by the collector of the Customs, or by anv other officer thereunto authorized by tlie Governor of the said Presidency, unless the district in which such sugar is landed, or in which an attempt has been made to land such sugar, be a district in which the Governor-general of India in Council has authorized the importation of such sugar. (1) [Iniportatiou prohibited into territories subject to Government of Fort St. George, by Act No. 15 of 1839.] II. And it is iiereby enacted, that if any owner of sugar, the produce of the said terri- tories, or duly authorizetl agent of such owner, desires to obtain a certificate of origin from the collector or assistant-collector of the land or custom revenue of any district within the said territories or from any other oflficer appointed by the Governor-general of India in Council to give such certificates, such owner or agent shall, in the presence of the ofiicer from whom he desires to obtain such certificate, make and subscribe a declaration in the form contained in the schedule hereunto annexed marked A. III. And it is hereby enacted, that if the district be one into which the Governor-general of India in Council has not by any order authorized tlie importation of foreign sugar, or of sugar the growth of any IJriti.sh possession into which foreign sugar can be legally imported, the officer before whom such a declaration as is aforesaid shall have bei'U made, shall grant under his hand and seal to the declarant a certificate in the form contained in the schedule hereunto annexed marked B. IV. And it is iiereby enacted, that every person wlio intends to ship sugar from any ))lace within the said territories for any part of the United Kingdom, shall be eutitleil to produce to the collector of Customs at that yilace, or to any other officer who may have been appointed by the Governor-general of India in Council, to act cm such occasions in the jilace of the collector of Customs, a certificate such as is above described, and also in the presence of the officer to whom he has so produced such certificate, to make and subscribe a declaration in the form contained in the schedule hereunto annexed marked C. V. And it is hereby enacted, that the officer to whom such a certificate shall have been so produced, and before whom a declaration in the last-mentioned form siiall have been so made and subscribed, shall grant to the person who has made the last-mentioned dei-laration a certificate in the form contained in tiie schedule hiTeunto annexed marked 1). VI. And it is hereby enacted, that any ))ers()n wiio shall in making anv di'claration under the authority of tliis Act, knowingly aflinii an untrutli, >hall on louviction tluii'of before such Court, us would be c<)ni])etent to try such person lor perjury, be punished by line to an amount not exceeding five thousand rupees, and imi)risonment for a term not exceeding t wo years. 4 K 618 [No. XXXII. of 1836. Schedules. A. I, A. B., solemnly declare that all the sugar herein-under described is to the best of my knowledge and belief the produce of the district of Description of the Sugar to which the Declaration relates. Quantity, Quality. Number and denomination of Packages. I (Signed) A.B. The day of 18 B. I, C. D., collector of land revenue (or collector of Custom revenue, or being an officer appointed hy the Governor-general of India in Council to act in this behalf) for the district of , do hereby, in conformity with the provisions of Act No. XXXtl. of 1836, grant this certificate under my hand and seal that the sugar herein-under described is of the produce of the district of , and that the importation of forefgn sugar and of sugar the growth of any British possessions into which foreign sugar can be legally imported, is prohibited in the said district of . Description of the Sugar to which this Certificate relates. Quantity. Quality. Number and denomination of the Packages. Name of the Declarant on whose declaration the certificate is given. L. S. (Signed) C.|Z). I, E.F., shipper of the sugar herein-under described, solemnly declare, that all the sugar herein-under described, is to the best of my knowledge and behef the same sugar to which the certificate now produced by me relates. No. I. of 1837.] 619 Description of the Sugar to which the Declaration relates. Quantity. Quality. Number and denomination of Packages. Name of Ship in wliich Sugar is Shipped to be Shipped. Name of the Jlastcr of the Ship. (Signed) E. F. D. I., G. H., collector of Customs (or being an officer appointed by the Governor-general of India in Coiincil to act in this behalf ) for the port of , certify under my hand and seal, that there has been produced to me by E. F., the shipper of tlic sugar herein-under described, a certificate under the hand and seal of C. D., collector of land revenue (or collector of Custom revemie, or being an officer appointed by the Governor-general of hidia iti Coun- cil to act in this behalf) for the district of , in the territories subject to the Govern- ment of the Presidency of Fort William in Bengal, whicii certificate certifies that the said sugar is of the produce of the said district, and that the importation of foreign sugar or sugar the growth of any British possession into which foreign sugar can be legally imported, is pro- hibited in the said district. Description of the Sugar to which this Certificate relates. Quantity. Quality. Number and denomination of Packages. Name of the Ship. Name of the Master of the Ship. L. S. (Signed) G.n. ACT No. I. OK 1837. Passed by the Right Honourable the Goveniot^-getieral of India in Council on tht Gtfi February, 1837, It is hereby enacted, that from the 1st day of March next, it shall be lawful for any one Justice of tiie Peace for the town of Calcutta, to issue a warrant of distress for the recovery of arrears of assessment accruing under the Act of Parliament 3;J Geo. .3, cap. 52; and_ every such warrant shall liave tlie same force as if it were under tiie iiantls and seals of two such Justices. 4 K 3 G20 [No. IX. of 1837. ACT No. IV. OF 1837. Passed by the Right Honourable the Governor-general of India in Council on the Mth April, 1837. I. It is hereby enacted, that after the 1st day of May next, it shall be lawful for any sub- ject of jiis Majesty to acquire and hold in perpetuity, or for any term of years, property in land, or in any emoluments issuing out of land, in any part of the territories of tlie East-India Company. II. And it is hereby enacted, that all rules which prescribe the manner in which such property as is aforesaid may now be acquired and held by natives of the said territories, shall extend to all persons who sliall, under the authority of this .Act, acquire or hold such property. ACT No. MI. OF 1837. Passed bi/ the Right Honourable the Governor-general of India in Couneil on the 1st Mai/, 1837. It is hereby enacted, tliat it shall be lawful for any of the Courts established by his Majesty's Charters, in any case in whicii such Court shall have recommended to his Majesty the granting of a free pardon to any convict, to permit such convict to be at liberty on his own recoo-nizance. ACT No. IX. OF 1837. Passed by the Right Honourable the Governor-general of India in Council on the I5th May, 1837. I. It is hereby enacted, that from the 1st day of June, 1837, all immoveable property, situate within the jurisdiction of any of the Courts established by his iVIajesty's Charter shall, as far as regards the transmission of such property on the death and intestacy of any Parsee having a beneficial interest in tlie same, or by the last will of any such Parsee, be taken to be and to have been of the nature of chattels real and not of freehold. II. Provided always, tliat in any suit at law or in equity which shall be brought for the recovery of such immoveable property as is aforesaid, no advantage shall be taken of any defect of title arising out of tlie transmission of such property upon the death and intestacy of any Parsee having a beneficial interest in the same, or by tlie last will of any such Parsee, if such transmission took place before the said 1st day of June, 1837, and if such transmission were either according to the rules whicli regulate the transmission of freehold property, or else took place with tlie acquiescence of all persons to wiiom any interest in that property would, according to tlie rules wliich regulate the transmission of chattels real, have accrued upon the death of sucli Parsee. [See 21 Geo. 3, cap. 70, .sees. 17 and 18, and 37 Geo. 3, cap. 14, sees. 12 and 13. See also Act of Government of India, No. 20 of 1837.] No. XX. of 1837.] 621 ACT No. XVI. OF 1837. Passed bi/ tht Right Honourab/c the Governor-general of Lidia in Council on the ?,rd Jnhi, 1837. XI. And it is hereby enacted, in niodilieation of the article of Schedule B. of Act. XIV. of 1836, wliich provides that when sugar or rum shall be exported on British bottoms to any British possession, no duty shall be levied thereupon, and if on foreign bottoms, a dntv of 3 per cent, only shall be levied, that the said exemption from duty and advantage of rate shall not hold or apply to the case of sugar exported to any British possession or settlement on the continent of India (including the port of Bombay), but duties shall be levied on such exports in the same manner as upon sugar and rum exported to other places, and the amount of duties so levied shall be credited, in the adjustment of any im|)ort duty to whicii the sugar so exported from Bengal may be subject at any place of import within the possessions of the East-India Company. XII. And it is hereby enacted, in modification of section XVIII. of the Act XI\'. of 1836, that when goods shall be shipped after port clearance, if tlie same be imported goods entitled to drawback, sucii drawback shall be forfeited, but no separate duty shall be levied thereon. XIII. And it is hereby enacted, in modification of section XV. of Act XI\'. of 1836, that if goods landed at the Custom-hou.se be not claimed and cleared from the Custom-house within three months from the date of entry of tlie ship in whicii such goods were imported, it shall be competent to the collector to sell the gixxls cm account of tlie duties, freiglit, and other charges incurred and due tlierc^m. XIV. And it is hereby enacted, that no ])ayment shall be made of drawback upon any goods exported from any port of Bengal or Orissa, iniless the export be made within two years from the date of the import in the Custom-house registers, nor unless the claim to receive such drawback be made at the time of exportation, nor unless the amount due there- upon be demanded within one year from the date of entry for shipment in the Custom-house register. ACT No. XIX. OK 1837. Passed by the Right Honourable the Governor-general of India in Council on the 1th August, ] 837. It is hereby enacted, that no jierson shall, by reason of any conviction for any offence whatever, be incomjietcnt to be a witness in any stage of any cau.se, civil or criminal, before any Court in the territories of the East-India Company. ACT No. XX. OF 1837. Passed by the Right Honourable the Governor-gciural of India in CduiicH tin the Wlh Scptei/dicr, 1837. It is hereby enacted, that from the first day of Oetobrr, 1837, all immoveable property situate within tin- jurisdiction of tlie (,'ourt of .Judicature of Prince of AVales' Island, Smga- porc and Malacca, shall, as far as rcgarils the transmission of such property on the ileath and 622 [No. I. of 1838. intestacy of any person having a beneficial interest in tiie same, or by the last will of any such person, be taken to be, and to have been, of the nature of chattels real and not of freehold. II. Provided always, that in any suit at law or in equity which shall be brought for the recovery of such immoveable property as is aforesaid, no advantage shall be taken of any defect of title ai-ising out of the transmission of such property upon the death and intestacy of any person having a beneficial interest in the same ; or by the last will of any such person, if such transmission took place before the said first day of October, and if such transmission were according to the rules which regulate the transmission of freehold property, or were according to the law of the nation to which the deceased person belonged, or took place with the acquiescence of all those to whom any interest in that property would, according to tiie rules which regulate the transmission of chattels real, have accrued upon the death of that person. III. Provided also, that in all cases where such immoveable property derived from a deceased person shall have been, before the said first day of October, conveyed for a valuable consideration by any person who would be entitled to convey the same according to tlie rules wliich regulate the transmission of freehold property, or according to the law of the nation to ■which the deceased person belonged, the person who so conveyed shall be entitled to retain to his own use the consideration received for such conveyance. [See No. 9 of 1837.] ACT No. XXVI. OF 1837. Passed by the Right Honourable the Governor-general of India in Coimcil on the \eth October, 1837. It is hereby enacted, that from the day on which it shall be notified by an Order of the Grovernor-general of India in Council, published in the official Gazette, that the said Gover- nor-general has quitted his Council, for the purpose of proceeding to the north-western provinces till the time at which the said Governor-general shall next, after the said notifica- tion, rejoin his Council, the said Governor-general shall have all the powers of Governor- general in Council, except the power of making laws or regulations. ACT No. I. OF 1838. Passed by the Honourable the President of the Council of India in Council on the 3rd January, 1838. I. It is hereby enacted, that from the 1st February, 1838, all Regulations of the Bombay Code passed before the year 1827, and now in force, with the exception of Sections I., II., and III., Regulation VI., 1799, and of Clause 2, Section VII., Regulation IX., 1800, and of Sections XIV., XVII., XX., XXI., and XXV., Regulation I. of 1805, and of the whole of Regulations II., 1810, and VI., 1814, shall be repealed. II. And it is hereby enacted, that Chapters I., II., IV., VI., VIII., and IX., of Regu- lation XX., 1827, of "the said Code, together with the Appendices A, B, C, E, H, I, J, K, of that Regulation, also RegulatiAi II., 1831, Regulation XIII., 1831, Regulation I., 1832, Regulation IV., 1833, and Regulation IV., 1834, of the said Code, and all such parts of any Regulations of the said Code as prescribe the levy of transit or inland Custom duties, or as require the payment of any fee whatever on account of any vessel which may enter No. I. of 1838.] G-23 any port in the territories subject to tlie Bombay Presidency, and liitewise the provisions of any kind contained in those or in any otlier Regulations for fixing the amount of (hity to be levied on goods imported or exported by sea at any place within tlie limits of the Bombay Presidency, or the drawback ])ayable on the same, shall be repealed ; and it is further enacted, that Act No. II. of 1836 shall likewi.se be rej)ealed, except in so far as it repeals any Regulation of the Bombay Code. III. Provided always, that nothing contained in the two preceding sections of this Act shall be construed to prevent the levy of any town duty, or of any municipal tax, or of any toll on any bridge, road, canal, or causeway, for repair and maintenance of tlie sanie ; or of any fee for the erection and maintenance of light-houses. IV. And it is hereby enacted, that duties of Customs sliall be levied on goods imported by sea into any place in the territories subordinate to tiie Government of the Presidency of Bombay, after the said 1st Fi'bruary next, according to the rates specified in schedule A annexetl to this Act, and with the exceptions specified therein, and the said schedule, with the notes attached thereto, shall be taken to be a part of this Act. V'. And it is hereby further enacted, that duties of Customs shall be levied upon country goods exported by sea from any ports of the Bombay Presidency after the said 1st February next, according to the rates specified in schedule B annexeil to this Act, with tlie exceptions therein sjiecified, and the said schedule, with the notes attached thereto, shall also be taken to be a jiart of this Act. VI. Provided, however, that the ships of any European nation having firman privileges in the port of Surat, shall not be subject to further duties of import or export than may be prescriljcd by their firmans respectively, any thing in the schedules or in tiiis Act notwith- standing. VII. And it is hereby enacted, that duties of Customs shall be levied on goods passing by land into or out of foreign European settlements, situated on the line of coast within the limits of the Presidency of Bombay, at the rates prescribed in the schedules of this Act for goods imported or exported on foreign bottoms at any British port in that Presidency. VIII. And it is hereby enacted, that it .shall be lawful for the Governor in Council of the Presidency of Bombay, to declare, by notice to be published in the Guxette of that Presi- dency, that the territory of any Native chief, not subject to the jurisdiction of the Courts and civil authorities of tliat Presidency, sliall be deemed to be foreign territory, and to declare goods passing into or out of such territory liable either to the duty fixed for British or for foreign bottoms, as tlie said Governor in Council may thiiik fit. IX. And it is hereby enacted, that for the levy of duties of Customs as above provided on goods exported by land to, or imported by land from, such foreign territories. Customs' chokees may be established at such places as may be determined by the said Governor in Council, and every officer at every such chokce shall have power to detain goods passing into or out of any such foreign territory, and to examine and ascertain tiie (juantities and kinds thereof; anil such goods shall not be allowed to pass across the frontier line out of or into the territory of the East-India Company, \uitil the owner, or jierson in cliarge thereof, shall produce and deliver a certificate, sliewing that the Customs liuty leviable thereupon has been paid in full. X. And it is hereby enacted, that it shall be lawfid for the said Governor in Council to appoint such officers as he may think fit to receive money on account of Customs duties, and grant certificates of the payment thereof, and that such a certificate being delivered to any chokeo officer, shall entitle goods to cross the frontier into or out of tlie East-India Com|)any's territories, provided that the goods correspond in descrijition with the specilie.ition thereof contained in such certificate, and tlial the ii'rtifieate .'^hew the t'niire amount of duty leviable on those goods to have been duly j)aid ; and if u|)on examination tlie goods brought to any chokee be found not to correspond with the s])eci(ication iiitered in tlii' certilii'ate presented with the same, the difi'erence shall be noted on the face of the certificate, and if the payment 624 [No. I. of 1838. of duty certified therein shall not cover the entire amount of duty leviable on the goods as ascertained at such examination, the goods shall be detained until a further certificate for the difference shall be produced. XI. And it is hereby enacted, that the said Governor in Council shall give public notice in the official Gazette of the Presidency of Bombay, of the appointment of every officer appointed to receive Customs duties on goods crossing the land frontier of the said foreign territories, and the officers so appointed shall on receipt of money tendered as Customs duty, be bound to give to any merchant or other person ap[)lying for the same a certificate of pay- ment, and to enter tlierein the specification of goods, with the values and description thereof, according to the statement furnished by the person so applying, provided only that the projier duty leviable thereupon, according to the descriptions and values stated, be covered bv the payment made. XII. And it is hereby enacted, tliat no certificate shall be received at any chokee, that shall bear date more than thirty davs before the date when tlie goods arrive at the chokee : provided, however, that any person who has taken out a certificate from any authorized receiver of Customs duties, shall at any time within the said period of thirty days, on satisfying such receiver that such certificate has not been used, and on delivering up the original, be entitled to receive a renewed certificate with a fresh date, without further pay- ment of duty. XIII. And it is hereby enacted, that it shall be lawful for the said Governor in Council to prescribe by public notice, in the official Gazette of the Presidency of Bombay, by what routes goods shall be allowed to pass into or out of any such foreign territory, as is described in sections VII. and ^'III. of this Act ; and after such notice shall be given, goods which may be brought to any chokee established on other routes or passes than those so prescribed, shall, if provided with a certificate, be sent back, and if not provided with a certificate, shall be detained, and shall be liable to confiscation by the collector of Customs, unless the person in charge thereof shall be able to satisfy the said collector, that his carrying them by that route was from ignorance or accident. XIV. And it is hereby enacted, that goods which may be passed, or which an attempt may be made to pass, across any frontier guarded by chokees Ijetween sun-set and sun-rise, or in a clandestine manner, shall be seized and confiscated. XV. And it is hereb}- enacted, that any chokee officer who shall permit goods to pass across the frontier when not covered by a sufficient certificate, or wiio sliall permit goods to pass bv any prohihited route, shall be liable, on conviction l)efore the collector of Customs, to imprisonment for a term not exceeding six months, and to a fine not exceeding five hundred rupees, commutable, if not paid, to imprisonment for a furtiier period of six months. X\ I. And it is hereby enacted, that if any chokee officer shall needlessly and vexatiously injure goods, under the pretencj of examination, or in the course of his examination, or who shall wrongfully detain goods for whicli there shall be produced a sufficient certificate, such officer shall, on conviction before the collector of Customs, or before any magistrate, or joint magistrate, be liable to imprisonment for a term not exceeding six months, and to fine not exceeding five hundred rupees, commutable, if not paid, to imprisonment for a further period of six montlis. XVII. And it is hereby enacted, that all goods imported by sea into any port of the Pre- sidency of Bombay from any foreign European settlement in India, or from any native state, the inland trade of which has been declared by the Governor in Council of the Presidency oi Bombay, under section VIII. of this Regulation, to be subject to the duties levied on foreign bottoms, shall be liable to the same duties as are imposed by scliedule A on imports on foreign bottoms. XVIII. And it is hereby enacted, that no goods whatsoever entered in either of the schedules of this Act, as liable to (lut\-, shall be exempted from the payment of such duty or of any part thereof, except under special order from tlie Governor in Council of the Presidency of Bombay : ]Drovided always, that it shall and may be lawful for the collector of Customs, or No. I. of 1838.] 625 other ofTicer in cliarge of a Custoin-liouse, to pass free of duty any baggage in actual use, at his discretion ; and if any person shall apply to liave goods passed as such baggage, the collector, acting under the orders of the Government, shall determine whether they be baggage in actual use, or goods subject to duty under the provisions of this Act. XIX. Provided always, that when goods are imported at any port of the Bombay Presi- dency from anv other port in that Presidency under certificate that tlie export duty specified in schedule B lias been duly ])aid thereon, or that there has been a re-export, and tliat the imjiort duty specified in schedule A has been didy paid, the said goods shall be admitted to free entry. XX. Provided also, that when duties of Customs shall have been paid on any goods at any |)ort in anv part of the territories of the East- India Company not subject to the Presidency of Bombay, and when sucli goods shall subsequently be imported at anv port of the Presidency of Bombay, credit shall be given at such last-mentioned port for the sum that may be proved by the production of due certificates to iiave been so paid. XXI. And it is hereby enacted, that it shall be lawful for the Governor in Council of the Presidency of Bombay, from time to time, by notice in tlie oHicial Gdxette of that Presidency, to fix a value for any article or number of articles liable to ad valorem duty, and the value so fixed for such articles shall, till altered by a similar notice, be taken to be the value of such articles for the purpose of levying duty on the same. XXII. And it is hereby enacted, that when goods liable to duty, for which a value has not been fixed by such a notice as is above directed, or for which a fixed duty has n()t been declared by the schedules annexed to this Act, are brouglu to any Custom-house in the Presidency of Bombay, for the j)urpose of being passed for importation or exportation, the duty leviable oii such goods siiall be levieil ad valorem, that is to say, according to the market value of such goods at the place and time of importation or exportation, as the case may be. XXIII. And it is hereby enacted, that tlie market value for assessment of (hities on ad valorem go(xls shall be declared by the owner, consignee, or exporter, or by tlie agent or factor for any of these respectively, upon the face of the application to be given in by him in writing for the passing of the goods through the Custom-house; and the value so declared shall include the packages or materials in whicli the goods are contained, and the ai)j)lication sliall truly set forth the name of the shij) in wliich the gooils have been imported or are to be exportcil, tile name of the master of the said slii[), the colours under which the said shij) s;uls, the number, description, marks, and contents of tlie packages, ami the country in which the goods were produced. XXIV. And it is hereby enacted, that every sucli declaration, when duly signed, shall be submitted to the ofiicer of Customs appointed to apjiraise goods at the Custom-house, and if it sliall appear to him that the .same is correct, he shall countersign it as admitted ; but if any part or the whole of the goods shall seem to him to be undervalued in such declaration, he shall report the same to the collector of Customs, who sliall have power to fake the goods or any jiart thereof as purchased for the (Jovernment at the ))rice so declared; and whenever the collector of Customs shall so take goods for the Government, paynuiit theriof shall be made to the consignee or im])orter, if the gwxls be importid goods, within fifteen days from tlu' date of tlie declaration, the amount of import duty leviable thereon being first diducleii, and if the goods be intended for exportation, the entire value as declared shall be paid without deduction on account of Customs duty. XX\'. And it is hereby enacted, that it shall be lawful for tlu' Cloviriior in Couiieil of tlu' Presidency of Bombay to declare liy public notice in the official (iiizctlc of that Presidency, what places within tlic same shall be ports for the landing and shipment of merchandi/.e, and any goods that may lie landed, or which an attempt may lie made to laud, at any other ])ort than such as shall be so declared, shall be seized and confiscated. XXVI. And it is lureby eiiacled, that wluii any vessel shall arrivi' in any ]i(irl of liu' Presidency of Bombay, (lie master shall deliver a true manifest of the cargo on board, made !• I, 626 [No. I. of 1838. out according to the form annexed to this Act, and marked C, to the first person duly empowered to receive such manifest that may come on board, and if no such person shall have come on board before the anchor of the said vessel is dropped, then the manifest shall be forwarded to land on board of the first boat that leaves the vessel after dropping anchor, and if the ])ort be up a river, or at a distance from the land first made, then it shall be lawful for the said Governor in Council, by an order published in the official Gaxette of the Presidency, to fix a place in any such river or port, beyond which place it shall not be lawful for any inward bound vessel, except such country craft as are described in sections LI. and LIT. of this Act, to pass until the master shall have forwarded in such manner as may be ordered by the said Governor in Council such a manifest as is required by this Act. XXVII. And it is hereby enacted, that if the manifest so delivered by the master shall not contain a full and true specification of all tlie goods imported in the vessel, the said master shall be liable to a fine of one thousand rupees, and any goods or packages that may be found on board in excess of the manifest so delivered, or differing in quality or kind, or in mai'ks and numbers, from the specification contained therein, shall be liable to be seized by any Customs officer and confiscated, or be charged with such increased duties as may be deter- mined by the collector of Customs under the orders of Government. XXVIII. And it is hereby enacted, that if any inward bound vessel shall remain outside or below the place that may be fixed by the said Governor in Council for the first delivery of manifests, the master shall deliver a manifest as herein-before prescribed, to the first person duly empowered to receive such manifest that may come on board, and if any vessel entering a port for which there is a Custom-house established, shall lie at anchor therein for the space of twenty-four hours, the master whereof shall refuse to deliver the said manifest in the manner aliove-prescribed, he shall for such refusal be liable to a fine not exceeding one thousand rupees, and no entry or port clearance shall be given for such vessel until the fine is paid. XXIX. And it is hereby enacted, that no vessel shall be allowed to break bulk until a manifest, as required by this Act, and another copy thereof to be presented at the time of applying for entry inwai'ds, if so required by the collector of Customs, shall have been received by the said collector, nor until order shall have been given by the said collector for the dis- charge of the cargo ; and that the said collector may further refuse to give such order, if he sliall see fit, until any port clearances, cockets, or other papers, known to be granted at the jilaces from which the vessel is stated to have come, shall likewise be delivered to him. XXX. And it is hereby enacted, that no goods shall be allowed to leave any vessel or to be put on board thereof until entry of the vessel shall have been duly made in the Custom- house of tiie port, and until order shall have been given for discharge of the cargo thereof as above provided, and it shall be the duty of every Customs officer to seize as contraband any goods which have been removed or pat on board of any vessel in contravention of the above provision, or which any attempt shall have been made to remove from, or to put on board of any vessel in contravention of the above provision : and after entry of the vessel at the Cus- tom-house in due form, sucii part of the cargo as may not be declared for re-exportation in the same vessel shall be sent to land, and exjjort cargo shall be laden on board according to the forms and rules that may be prescribed for the port by this Act, or by order of the Governor in Council of the Presidency of Bombay, and if an attempt be made to land or put on board goods or merchandize in contravention of the forms and rules so prescribed, the goods sliall be liable to seizure and confiscation. XXXI. And it is hereby enacted, that if goods entered in the manifest of a vessel slial! not be found on board that vessel, or if the quantity found be short, and the deficiency be not duly accounted for, or if goods sent out of the vessel be not landed at the Custom-house, or at such other place as the collector of Customs shall have prescribed, the master shall be liable to a penalty not exceeding five hundred rupees for every missing or deficient package of unknown value, and for twice the amount of duty chargeable on the goods deficient and unaccounted for, if the duty can be ascertained: provided, however, that nothing herein con- tained shall be construed to prevent the collector of Customs from permitting at his discretion No. I. of 1838.] 627 the master of any vessel to amend obvious errors, or to sujiply omissions from accident or inadvertence, by furnishing an amended or supplemental manifest. XXXII. And it is hereby enacted, tliat there sliall, in every port of the Bombay Presidency, be one or more places appointed for t!ic landing and shipment of goods, and goods shall not he landed at any other place without the special order in writing of the collector of Customs for the port, and if any goods be landed, or an attempt be made to land any goods at any other tlian the said authorized places, without such order, they shall be seized and confiscated. XXXIII. And it is hereby enacted that if the Governor in Council shall sec lit, for the security of Customs at any port, to maintain special establishments of boats for the landing and shipping of merchandize, or to license and register the cargo boats plying in anv })orts, then, after line notification thereof, it shall not be lawful for any person to convey goods to or from any vessel in such port, otherwise than iu the boats so autliorized and prescribed, except under special permit from the collector of Customs at the port, and any goods that may be found onboard of other boats than those so authorized for the port, shall be liable to be seized by any officer of Customs, and shall be liable to confiscation. XXXIV. And it is hereliy enacted, that when the Governor in Council of the Presidency of Bombay sliall see fit to maintain at any port an establishment of officers to be sent on board of vessels to watch their unlading and lailing, then, after due notification shall have been given that such establishment is so maintained at any port, the collector of Customs at that jwrt shall have power at his discretion to send one or more officers of such establislinient to remain on board of any vessel in such port by night and by day, until the vessel shall leave the port, or it shall be otherwise ordered by the collector. XXXV. And it is hereby enacted, that any master of such vessel at such port who shall refuse to receive such officer with one servant on board, when such officer shall be so deputed as above provided, or shall not afford such officer and such servant suitable shelter and sleep- ing accommodation while on board, and likewise furnish them with a due allowance of fresh water if necessary, and with the means of cooking on board, shall be liable to a fine not exceed- ing the sum of one hiuidred rupees for eacli day during which such officer and servant sliall not be received and provitled with suitable shelter and accommodation. XXXVI. And it is hereby enacted, that whenever a collector of Customs shall see cause to direct that any vessel shall be searched, he shall issue his warrant or written order for such search, addressed to any officer under his authority, and upon production of such order the officer bearing it shall be competent to recpiire any cabins, lockers, or bulkheads to he opened in his presence, and if they be not opened ujion his requisition, to break the same open, and any goods that may be found concealed, and tliat shall not be duly accounted for to the satis- faction of the collector of Customs, shall be liable to confiscation, and any master or person in charge of a vessel, who shall resist such officer, or refuse to allow tlic vessel to be searched when so ordered by the collector of Customs, shall be liable upon conviction for every such offence, to a fine of one thousand rupees. XXXVII. And it is hereby enacted, that every master of a vessel who shall remove from such vessel or put on board thereof any goods, or cause or suffer any goods to be removed from thence or put on boanl thereof between sunset and sunrise, or on any day wiien the Custom-house is closed for business, without leave in writing obtained from the collector of Customs, shall be punished with a fine not exceeding five hundred rupees. XXXVIII. And it is hereby enacted, that no cargo boat laden with goods, intended for exportation by sea, shall make fast to, or lie alongside of, any vessel on l)oard of which there shall be a Customs offiiTr stationed, unless there shall be on board the boat, or ha\e been received by the said Customs officer, a Custoniliouse permit or (jrder lor the shipment of the goods, aiKl the goods on board of any boat tliat may be so alongside or be made fast to a vessel if such goods be not covered by a Custom-house pass accompanying tiiem, or previously received by the Customs officer on board the said vessel, shall be liable to cj'.i fiscal ion. 4l2 628 [No. I. of 1838. XXXIX. And it is hereby enacted, that when goods shall be sent from on board of any vessel having a Customs officer on board for the purpose of being landed and passed for importation, tliere shall be sent with each boat load, or other separate despatch, a boat note, specifying the number of packages, and the marks and numbers or other description thereof, and such boat note shall be signed by an officer of the vessel, and likewise by the Customs officer on board, and if any imported goods be found in a boat proceeding to land from such a vessel without a boat note, or if being accompanied by a boat note they be found out of the proper track between the ship and the proper place of landing, the boat containing such goods may be detained by any officer of Customs duly authorized by the collector, and unless the cause of deviation be explained to the satisfaction of the collector of Customs, the goods shall be liable to confiscation. XL. And it is hereby enacted, that when goods shall be brought to be passed through the Custom-house either for importation or exportation by sea, if the packages in which the same may be contained shall be found not to correspond with the description of them given in the application for passing them through the Custom-house, or if the contents thereof be found not to have been correctly described in regard to sort, quality, or quantity, or if any goods not stated in the application be found concealed in or mixed up with the specified articles, all such packages, with the whole of the goods contained therein, shall be liable to confiscation. XLI. And it is hereby enacted, that if any person, after goods have been landed, and before they liave been passed through the Custom-house, removes or attempts to remove them with the intention of defrauding the revenue, tlie goods shall be liable to confiscation, unless it shall be proved to the satisfaction of the collector of Customs that the removal was not sanctioned by the owner or by any person having an interest in or power over the goods. XLII. And it is hereby enacted, that it sliall be lawful for the collector of Customs, ■wlienever he shall see fit, to require that goods brought by sea and stowed in bulk shall be weighed or measured on board ship before being sent to land, and to levy duty according to the result of such weighing or measurement. XLIII. And it is hereby enacted, that on application-by the exporter of any salt that has paid the Excise duty fixed by Act No. XXVII. of 1837, a certificate shall be granted by the collector of Customs at the place of export, under authority of which certificate the quantity of suit specified therein sliall be landed at any other port of the said Presidency of Bomb.ay, and sliall be passed from such port into the interior without the levy of any fiu-ther duty either of Excise or of Customs. XLIV. And it is hereby enacted, that when a Customs officer shall be sent on board of any vessel to superintend tlie delivery of cargo, twenty days, exclusive of Sundays and holidays, shall be allowed for the discharge of tlie import cargo of vessels not exceeding six hundred tons burthen, and thirty days, exclusive of Sundays and holidays, for the dischai'ge of the import cargo of vessels exceeding that burthen, and the said periods shall be calculated from the day when the Customs officer first went on board : and if the whole cargo be not discharged by the expiration of the above-mentioned periods, the master shall be charged with the wages of such office)', and other expenses for any further period that such officer may be detained on board : and if tlie owners, importers, or consignees do not bring their goods to land witliin the periods above fixed, it shall be the duty of the master so to do. XLV. And it is hereby enacted, that when there shall be no Customs officer sent aboard vessels discliarging cargo, it shall be lawful for the collector of Customs to fix a period, not being less than twenty days, for the discharge thereof and clearance of the vessel inwards; and if any goods remain on board after the time so fixed, or after the time allowed in the last preceding section of this Act, the collector may order the same to be landed and ware- housed for the security of the duties chargeable thereon, and of any freight and primage and other demands that may be due thereon, giving his receipt to the master of the same : provided always, that in all cases it shall be lawful for the collector or other officer in charge of the Custom-house, with the consent of the master of the vessel, to cause any packages to be brought No. I. of 1838.] 629 on shore and to be deposited in tlie Government warehouses for the security of the duties and charges thereon, although twenty days may not iiave expired from the entry of such vessel ; and in case any goods brought to land froTii any vessel be not claimed and cleared from the Custom-liouse within three months from the date of entry of the shi]) in which such goods were inijwrted, it shall be competent to the collector to sell the same on account of the duties and other charges due thereon, and the balance remaining after deducting the said duties and charges shall be held in deposit and paid to the owner on application. XLVI. And it is hereby enacted, that when a Customs officer shall be sent on board of any vessel discharging cargo, a further period of fifteen days, Sundays and holidays excluded, beyond the twenty days above specified, shall be allowed for putting on board export cargo if the vessel shall not exceed six hundred tons burthen, and twenty days if it exceed that burthen, when the lading and unlading thereof shall be continuous, and the master or com- mander .shall in such case not be charged with the wages and expenses of the Customs officer on board until after the expiration of such additional period : and if a vessel having discharged its import cargo shall be laid up, the Customs officer on board siiall certify that no goods remain on board except necessary stores and articles for use, and when a vessel so laid up shall be entered at the Custom-house for receipt of export cargo, a Customs officer shall be sent on board, and if the last-mentioned officer shall certify that no goods are on board except as above excepted, twenty days, exclusive of Sundays and holidays as above, shall be allowed from the date of such certificate for the lading outwards of a vessel not exceedine six hundred tons, and thirty days for vessels exceeding that burthen, after whicli periods respectively the master shall be charged with tlie wages and expenses of the Customs officer on board to the date of the vessel's sailing from the port. XLVII. And it is hereby enacted, that when upon application from the master of an}' vessel the Customs officer shall be removed from on board thereof under the provisions to that effect contained in the last preceding section of this Act, if the master of such vessel shall before a Customs officer has again been placed in such vessel, put on board of such vessel, or cause or suffer to be put on board of such vessel, any goods whatever, such master shall be punished with a fine not exceeding one thousand rupees, and tlie goods siiall be liable to be relanded for examination at the expense of the shippers, upon requisition to that effect from the collector of Customs. XLVIII. And it is hereby enacted, that uiion any goods liable to duty tiial may be passed through the Custom-house for .shipment, the application for which shall be })ivsented after port clearance shall have been taken out, double of the prescribed duty shall in all cases be levied, and if the goods be free, or have already jiaid import duty, or have been imported free under certificate, five per cent, upon the market value shall be levied thereon, or if the same be imported goods entitled to drawback the drawback shall be forfeited, liut no separate duty .shall be levied on drawback goods. XLIX. And it is hereby enacted, that when a vessel having cleared out from any port shall put back from stress of weather, or it shall for any damage or from other cause be iiix-es- sary that the cargo of a vessel that has cleared out shall be unshipped or relanded, a Customs officer shall be sent to watch the vessel and take charge of the cargo during such relaiidiiig or removal from on board, and the goods on board such vessel shall not hv allowed to be tran- shipped or re-exported free of duty by reason of the previous settlement of duty at tlie time of first export, unless the goods shall be lodged in such j)lace as shall be allowed by the collector of Customs, and shall remain while on land, or while on board of any otlier vessel, vmdcr special charge of the officers of Customs until the time of re-export, and all charges attending such custody shall be borne by the exporter: provided, however, that in all cases of return to port after port clearance, on account of damage or for striss of weather, it shall be lawful for the owner, or for the master to enter the vessel and land tlu' cargo luuler the rules for the importation of goods, .-uid the export duty shall in tiiat case be lefiuuled and the amount paid in drawback be rt'claimed, and if goods on account of which drawback has been paid be not found on board the vessel, the master shall be liable to a fine not exceeding the entire value thereof, unless he account for them to the satisfaction of the collector of Customs. 630 [No. I. of 1838. L,. And it is hereby enacted, that when goods shall be relanded before the lading of any vessel is complete, and before port clearance has been granted, the duty levied upon such goods shall be returned to the exporter, but no refund shall be made of duty paid on the export of any goods, after port clearance shall have been granted for the vessel on which the goods were exported, unless the vessel shall have put back for stress of weather or for damage, and the goods shall have been relanded under the rule contained in the last preceding section of this Act. LI. And it is hereby enacted, that it shall be lawful for the said Governor in Council to establish rules for the anchoring of the coasting and country craft of the British territories, for the delivery of manifests of the cargo of such vessels, and for the landing of goods there- from, and shipping of goods therein, and that whoever being in charge of any such craft shall knowingly contravene any such rule, shall be liable to a fine not exceeding one thousand rupees for each offence. LII. And it is hereby enacted, that pattamars, dhonies, botellos, and other small craft from the Maldive or Laccadive islands, or from the native ports of Katty war, Cutch, and Scinde, shall be treated in the ports of the Bombay Presidency like the coasting craft of the British territory, provided that they conform to such special regulations as to the place of anchoring, and mode of landing and shipping goods, as may be made by the Governor in Council of Bombay for such vessels in the several ports of the Bombay Presidency. LIU. And it is hereby enacted, that no drawback shall be allowed on goods shipped on such Native craft, as are described in the last preceding section of this Act. LIV. And it is hereby enacted, that goods exported in the same vessels, if manifested for re-export, shall not be subject to import or export duty, and if any goods brought to any port in any vessel be transhipped in such port, they shall in all cases be subject to the same duty as if they had been landed and passed through the Custom-house for re-exportation in the vessel into which they may be transhipped. LV. And it is hereby enacted, that no transhipment shall be made of any goods, except under special order in writing from the collector of Customs of the port, and an officer of Customs shall in all cases be deputed to superintend the removal of the goods from vessel to vessel. LVI. And it is hereby enacted, that at every port subordinate to the Bombay Presidency, the port of Bombay excepted, an anchorage fee shall be levied once at each port according to the burthen, on all country craft above the burthen of (100) one hundred maunds, at the rates herein-under specified. Above f 10 Candies (equal to 100 maunds,) > 20 Not exceed- ing. "*.20( J 40 60 80 100 150 200 250 300 350 400 bandies. f L irds, 200 Indian ^ maunds, J Fee. K 1 1 2 o 3 3 4 4 5 5 6 ipc< s 40 60 s 80 100 s 150 200 8 2-50 fl 300 s 860 and upw£ LVII. And it is hereby enacted, that in all cases in which under this Act, goods are liable to confiscation, the collector of Customs of the place where those goods may be shall be competent to adjudge such confiscation. No. I. of 1838.] 631 LVIII. And it is hereby enacted, that if any person in cliargc of a vessel shall have become liable to any fine on account of any act or omission relating to Customs, the collector of Customs shall be competent, subject to the orders of the Governor in Council of the Presidency of Bombay, to refuse port clearance to such vessel until the fine shall be dis- charged. LIX. And it is hereby enacted, that it shall be lawful for any collector of Customs, or other officer who may be authorized to adjudicate Customs cases, if he sliall decide that a seizure of goods made under tlie authority of this Act was vexatious and unnecessary, to adjudge damages to be paid to the proprietor by the Customs officer who made such vexatious seizure, besides ordering the immediate release of tlie goods ; and if tlie proprietor acce|)t such damages, no action shall thereafter lie against the officer of Customs in any Court of justice on account of such seizure: and if such adjudicating officer shall decide that the seizure was warranted, but shall deem that the penalty of confiscation is unduly severe, it shall be lawful for him to mitigate tlie same to the extent of the levy of double duty : and if tlie said officer shall adjudge confiscation, it shall further be lawful for him to order that from the proceeds of the sale of the goods, a proportion not exceeding one-half shall be distributed in rewards amongst such officers as he shall deem entitled tliereto, and in such proportion as he may direct to each respectively. LX. And it is hereby enacted, that all officers of Customs shall as heretofore be amenable to the civil Courts of the Presidency or island of Bombay by action for damages, on account of any executive acts done in their official capacity, at the suit of the parties injured by such acts : provided, however, that no suit shall lie against a collector of Customs or other officer, for any judicial award in a matter of Customs passed under the preceding section of this Act. LXI. And it is hereby enacted, that whoever intentionally obstructs any officer in the exercise of any powers given by this Act to such officer, shall be punished with imprisonment for a term not exceeding six months, or fine not exceeding one thousand rupees, or botli. LXII. And it is hereby enacted, that whoever, being an officer appointed under the authority of this Actj sliall accept, or obtain, or attempt to obtain from any person any property, as a consideration for doing, or forbearing to do, any official act, shall be j)unished with imprisonment for a term not exceeding two years, or fine, or both. LXI 1 1. And it is hereby enacted, that wlioever, being an officer appointed under the authority of this Act, practises or attempts to practise any fraud, for the purpose of injuring the Customs revenue, or abets, or connives at any such fraud, or at any attempt to practise any such fraud, shall be punislied with imprisonment for a term not exceeding two years, or fine, or botli. LXIV. And it is iiereby enacted, that it .shall be lawful for the Governor in Council of Bombay, by an Order in Council, to triuisfer any of the powers given to a collector of Customs by this Act or any other functionary, and to make any rules con.sistent with law for the carrying of this Act into effect, and to establisii sucii bunders antl ap])oint such officers as he sliall think fit, and to fix rates of wharfage and of rent to be paid for goods deposited or Buttered to lie in tiie godowns of the Custom-house. 632 [No. I. of 1838. SCHEDULE A. Bates of Duty tole charged on Goods imported by Sea into any Port of the Presidency of Bombay. No 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 Enumeration of Goods, Bullion and coin ... ... Precious stones and pearls... Grain and pulse Horses and other living animals ... Ice ... ... ... Coal, coke, bricks, chalk, stones-> (marble and wrought stones ex- [- cepted)... ... ... ...J Books printed in the United King--! dom or in any British posses- \ sion J Foreign Books Marine stores, the produce or ma--) nufacture of the United King- j. dom or of any British possession J Ditto, ditto, the produce or tnanu--, facture of any other place or I country... ... ... ...J Metals, wrought or unwrought, the-> produce or manufacture of the I United Kingdom or any British ( possession ... ...J Jlctals, ditto, ditto, excepting tin,-) the produce or manufacture of . any other place ... ...J Tin, the produce of any other place-, than the United Kingdom or I any British possession... ...J Woollens, the produce or raanu— i facture of the United Kingdom ' or any British possession ...J Ditto, the produce of any other-i place or country ... ...j Cotton wool, not covered by certifi— , cate of the payment of export I duty at any other port of BombayJ Cotton and silk piece-goods, cotton ^ twist and yarn, the produce of ( the United Kingdom, or of any I British possession ... ....) Ditto, the produce of any other place Opium covered by a pass ... Ditto, not covered by a pass Salt, not covered by a pass Alum Camphor Cassia Cloves When imported on Britisli bottoms. Free Ditto Ditto Ditto Ditto Ditto Ditto 3 per cent. 3 per cent. 6 per cent 3 per cent 6 per cent. 10 per cent 2 per cent 4 per cent. 9 annas per maund of 80 tolas to the seer 3^ per cent 7 per cent. ... *■ Tec ••• «•• ••« f 24 rupees per seer of "\ I 80 tolas / /8 annas per maund of"! L 80 tolas per seer ... / 10 per cent. 10 per cent. 10 per cent. 10 per cent When imported on Foreign bottoms. Free. Ditto. Ditto. Ditto. Ditto. Ditto. 3 per cent. 6 per cent, 6 per cent. 12 per cent. 6 per cent. 12 per cent. 20 per cent. 4 per cent. 8 per cent. 1 Re. 2 as. per maund of 80 tolas to the seer. 7 per cent. 14 per cent. Free. 24 rupees per seer of 80 tolas. 8 annas per maund of 80 tolas per seer. 20 per cent. 20 per cent. 20 per cent. 20 per cent. No. I. of 1838.] 633 When iiiipoited on British \\'hon imported on Foreieu Xo. Enumeration of Goods. bottoms. bottoms — tj- 26 Coffee 7^ per cent 15 per cent. 27 Coral 10 percent 20 per cent. 28 Nutmegs and mace 10 per cent. 20 per cent. 29 Pepper 10 per cent. 20 per cent. 30 Rattans 7i per cent. 15 per cent. 31 Tea... 10 per cent. 20 per cent. 32 Vermilion ... JO per cent 20 per cent. 33 AN'ines and liqueurs 10 per cent 20 per cent. 34 Spirits, consolidated duty, includ--i ing any duties levied heretofore;- through the police ... ...J And tlie duty on spirits shall be rateably increased as the strength exceeds London proof, and when imported in bottles, five quart but- tles shall be deemed equal to the imperial gallon. /9 annas per imperial"! \ gallon ... ...J 1 rupee per gallon. imperial 35 Tobacco fl Re. 8 as. per maund"( 1 Re. 8 as. per maund of \ of 80 tolas per seer/ 80 tolas per seer. Which duty sliall be the minimum Customs duty levied on raw tobacco and all preparations thereof in all the ports of the Bombay Presi- dency, but if at the rate of .5 per cent, on the actual value, a higher duty than 1 rupee 8 annas per maund should be leviable on any prepara- tion of tobacco, the duty shall be levied ad valorem at that rate if im- ported on Pritish bottoms, and at 10 percent. on foreign bottoms. Andthc Customs duty laid upon tobacco shall be allowed in settling for the special duty levied on the import of this arti- cle into the Island of Bombay, which special duty shall be levied at the rate of 1) rupees for the Indian maund. 3G All articles not included in the i above enumeration ... ...j 7 per cent. 3 per cent And if the collector of Customs shall see reason to doubt whether the i^oods liable to a different rate of duty according to the place of their production come from the country from which they are declared to come by the im])orter, it shall l>e lawful for the collector of Customs to call on tlie importer to furnish evidence as to the place of niaiiufaetiire or produc- tion, and if such evidenci' siiall not ,s;itisfv tlie said collector of tile trutli of the declaration, tile <)oo(ls .shall be charged with tlie highest rate of duty, subject always to an appeal to thr Governor in C'ouiuil at Hoinbay. And upon the re-export by sea of goods imported, excepting opium and salt, and all goixls of the growth, production, or inaiiufacturt' of tlie continent of India, provideil the re-export be made within two years of the date of import as per Custom-liou.se register, and tile goods be identilied to the satisfaction of the collector of Customs, tiiere shall be retaiiieil oiie-eiglitli of tlie amount of duty levied, and the remainder shall be repaid as drawback. Put no exporter of imported goods shall be entitled to drawbaci<, unless tiie drawbacl^ be 4 M 634 [No. I. of 183S. claimed at the time of re-export, nor shall any payment be made of drawback, unless the amount claimed be demanded within one year from the date of entry of the goods for re-export in the Custom-house registers. SCHEDULE B. Rates of Duty to be charged on Goods e.rportcd by Sea from any Port or Place in the Presidency of Bombay. No. Enumeration of Goods. Exported on British bottoms. Exported on Foreign bottoms. 10 n Bullion and coin ... Precious stones and pearls... Books, maps, and drawings printedi in India ... ... .../ Horses and living animals ... Opium, covered by a pass ... Ditto, not covered by a pass Cotton wool exported to Europe,-! the United States of America, or J. any British possession in AmericaJ Ditto, ditto, exported to places"\ other than above ... .,.) Salt, having paid the excise of 8 \ annas a maund... ... ...J Tobacco All country articles not enume-") rated or named above ... ...S Free Ditto ... Ditto ... Ditto ... Ditto ... Prohibited Free 9 annas per maund of 80 tolas per seer... Free f 1 R. 8 as. per maund of \ 80 tolas to the seer .. 3 per cent Free. Ditto. Ditto. Ditto. Ditto. Prohibited. r9 annas per maund of \ 80 tolas to the seer. r\ rupee 2 annas per i maund of 80 tolas to L the seer. Free. r\ rupee 8 annas per J maund of 80 tolas per L seer. 6 per cent. And upon the re-export to Europe, the United States of America, or to any British possession in America, or from any other port of the Bombay Presidency, of cotton, that has been imported under certificate of the payment of the duty specified in this schedule, provided that the re-export be made in British bottoms within two years from the date of such certi- ficate, and the amount be claimed within one year from the date of re-export as per Custom- house registers, the whole amount of export duty levied at the first place of export shall be refunded. No. XXXI. of 1838.] 635 SCHEDULE C. Manifest of Goods imported per Commander, from under Colours, viz. 1 1 Num. „ , bers. Packages. Quantity. 1 CO 6 Yards. Description of Goods. Invoice value. Tariff value. A. 1 to5 5 cases 250 pieces 3000 Cambrics Long cloths, bleached. . Long cloths, unbleached Madapollams, bleached Ditto, unbleached. . . Plain muslins N. B. Articles generally to be specified, excepting such as ironmongery, hard-ware, glass-ware, earthenware, cutlery, perfumery, confectionary, stationery, and such like. All articles from Great Britain to be entered according to the English weight, not Native. From China, in like manner in China weights. In imports and exports of bullion or coin, to specify the sort of which they consist. ACT No. XXXI. OF 1838. Passed hy the Honourable the President of the Council of India in Council on the 3rd December, 1838. I. It is liereby enacted, that so much of a Statute made and passed in tlie ninth year of the reign of his late Majesty King George the Fourth, intituleii, "An Act for im|)r()ving the Admi- nistration of Criminal Justice in the East-Indies,'" as relates to any person who unlawfVillv and mahciou^^ly sliall administer or attempt to administer to any person, or shall cause to he taken by any person, any poison or other destructive thing, or shall unlawfully and maliciously attempt to drown, suffocate, or strangle any person, or shall unlawfully and maliciously shoot at any person, or shall by drawing a trigger or in any other manner attcmjjt to discharge any kind of loaded arms at any i)erson, or shall unlawfully and maliciously stab, cut or woiuul any person, witli intent in any of the cases aforesaid to nmrder such person ; and so nnich of the said Act as relates to any person who shall unlawfully and maliciously shoot at any person, or shall by drawing a trigger or in any otlu'r maimer attempt to discharge any kind of loaded arms at any jierson, or shall unlawfully and maliciously stab, cut or wound any [jcrson, with intent in any of the eases aforesaid to maim, disfigure, or disable such j)erson, or to do some other grievous bodily harm to such person, or with intent to resist or ))rcvent the lawful a])prehensi()n or detaiiur of the party so offending, or of any of his aceoniplie's for any offence for \Nhich he or tlu'y may resj)eetivelv be liable by law to be a|)])relKiuKil or detained; and so much of tiie s.iid Act as relates to any person who, with iiiKiit to procure the miscarriage of any woman, then l)eing (|uiek with child, unlawfully and maliciously shall administer to her, or cause to be taken by lier, any poison or otiier noxious thing, or shall use .any instrimient or otiier means whatsoever with the like intent ; and who with intent to procure the mi.scarriage of any woman, not being or not being proved to be then quick witli child, unlawfully and maliciously shall administer to her, or cause to be taken by iier, any meiiicine or other thing, or shall use any instrument or other means v.I-..ilevcr with the like 4 M 2 636 [No. XXXI. of 1838. intent ; and so much of the said Act as relates to any person wlio shall rob any other person of any chattel, money or valuable security ; and so much of the said Act as relates to any person who shall accuse or threaten to accuse any other person of any infomous crime, with a view or intent to extort or gain from him, and shall by intimidating him by such accusa- tion or threat extort or gain from him any chattel, moncv or valuable security ; and so much of the said Act as relates to any person who shall steal from the person of another, or shall assault any other person with intent to rob him, or shall by menaces or by force demand property of any other person with intent to steal the same ; and so much of the said Act as relates to any person who shall be convicted of burglary : and so much of the said Act as relates to any person who shall break and enter any dwelling house and steal therein any chattel, money or valuable security to any value whatever, or siiall steal any such property to any value whatever in any dwelling-house, any person therein being jnit in fear, or shall steal in any dwelling house any chattel, money or valuable security to the value in the whole of fifty Company's rupees or more ; and so much of the said Act as relates to any person who shall plunder and steal any part of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandize, or articles, of any kind belonging to such ship or vessel ; and so much of the said Act as relates to any person who shall unlawfully and maliciously set fire to any church or chapel, or other public place of religious worship whatsoever, or shall unlawfully and maliciously set fire to any house, stable, coach-house, out-house, warehouse, office, shop, mill, barn, or granary, or to any building or erection used in carrying on any trade or manufacture or any branch thereof, whether the same or any of them respectively shall then be in the possession of the offender or in the possession of any other person, with intent thereby to injure or defraud any person ; and so much of the said Act as relates to any person who shall unlawfully and maliciously set fire to, or in any wise destroy, any ship or vessel, whether the same be complete, or in an unfinished state, or shall unlawfully and maliciously set fire to any goods being on board any ship or vessel as cargo, with intent to destroy such cargo or siiip, and with intent thereby to prejudice any owner or part owner of such ship or vessel, or any owner or part owner of any goods on board the same, or any person that hath underwritten, or shall underwrite any policy of insurance upon such ship or vessel, or on the freight thereof, or upon any goods on board the same ; and so much of the said Act as relates to any person who shall exhibit any false light or signal with intent to bring any ship or vessel into danger, or shall unlaw- fully and maliciously do any thing tending to the innnediate loss or destruction of any ship or vessel in distress, or destroy any part of any shij) or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandize or articles of any kind belonging to such ship or vessel, or shall by force prevent or impede any person endeavouring to save his life from such ship or vessel (whether he shall be on board or shall have quitted the same); and so much of the said Act as relates to any person who shall unlawfully and maliciously set fire to any stack of rice, corn, or other grain or pulse, or sugar-cane, whether standing or cut down, or to any part of a wood, coppice or plantation of trees or valuable plants, or to any grass, fern, or other like ground produce, wheresoever the same may be growing ; and so much of the said Act as relates to the punishment of principals in the second degree, and of accessaries before and after the fiict respectively to such of tlie felonies punishable under those Acts as arc herein-before referred to, shall, from the time of passing this Act, cease to have effect within the territories of the East-India Company, except as to offences committed before or upon the day of passing this Act, which shall be dealt with and punished as if this Act had not been passed. II. And it is hereby enacted, that this Act shall extend to all persons and over all places over whom or which the criminal jurisdiction of any of her Majesty's Courts of justice within the territories under the government of the East-India Company extends, but liot further or otherwise. III. And it is hereby enacted, that whosoever shall administer to or cause to be taken by any person any poison or other destructive thing, or shall stab, cut, or wound any person, or shall by any means whatsoever cause to any person any bodily injury dangerous to life, with intent in any of the cases aforesaid to commit murder, shall be guilty of felony, and being convicted thereof shall suffer death. No. XXXI. of 1838.] 637 IV. And it is hereby enacted, that wli05r>?ver sliall attempt to administer to anv person any poison or other destructive thino;, or shall sh>)!)t at any person, or shall hy drawin" a trigger, or in any other manner attenij)t to discharge any kind of loaded arms at any person, or shall attempt to drown, sutt'ocate, or strangle any person, witli intint in any of the cases aforesaid to commit the crime of murder, shall, although no bodily injury sliall be eti'ected, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be transported to such place as the Court shall direct for life, or for any term of years, or to be imprisoned for any term not exceeding four years. V. And it is hereby enacted, that whosoever unlawfully and maliciously shall siioot at anv person, or shall by drawing a trigger or in any other manner attempt to discharge any kind of loaded arms at any person, or shall stab, cut, or wound any person, with intent, in any of the cases aforesaid, to maim, disfigure, or disable sucii person, or to do sojne other irrievous bodily harm to such person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be transported to such ])lace as the Court shall direct for life, or for any term of years, or to be imprisoned for any term not exceeding four years. VI. And it is hereby enacted, that whosoever shall unlawfidly and maliciously send or deliver to, or cause to be taken or received by any person, any explosive substance or any other dangerous or noxious thing, or shall cast or throw upon or otherwise apply to any per- son any corrosive fluid or other destructive matter, with intent in any of the cases aforesaid, to burn, maim, disfigure, or disable any person, or to do some other grievous bodily harm to any person, and whereby, in any of the cases aforesaid, any person shall be burnt, maimed, disfigured, or disabled, or receive some other grievous bodily liarm, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be transported to such place as the Court shall direct for life, or for any term of years, or to be imprisoned for any term not exceeding foui- years. VII. And it is hereby enacted, tiiat whosoever with intent to procure the miscarriage of any woman shall unlawfully administer to her or cause to be taken by her any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent, shall be guilty of felony, and being convicted thereof shall be lialile, at the discre- tion of the Court, to be transported to such place as the Court shall direct for life, or for anv term of years, or to be imprisoned for any term not exceeding four years. VIII. And it is hereby enacted, that on the trial of any person for any of the offences here- in-before mentioned, or for any felony whatever where the crime charged shall include an assault against the person, it shall be lawful for the jiu'y to acquit of the felony and to find a verdict of guilty of assault against the person indicted, if tiie evidence shall warrant sucii finding, and when such verdict shall be found, the Court shall have power to imprison the person so found guilty of an assault for any term not exceeding four years. IX. And it is hereby enacted, that whosoever shall burglariously break and enter inti> any dwelling-house, and shall assault with intent to murder any j)erson being therein, or shall stab, cut, woimd, beat, or strike any such person, shall be gviilty of felony, and being convicted thereof shall surt'er death. X. And it is hereby enacted, that whosoever shall be convicted of tlie crime of burglary shnll be liable, at the discretion of the Court, to be tratisjjorted to such place as the Court shall direct for life, or for any term of years, or to be imprisoned for any term not exceeding four years. XI. Provided always, and it is hereby enacted, that so far as the same is essential to tlie offence of burglary, tne night shall be considered, and is hereby declared to connnence al nine of the clock in the evening, and to conclude at six of the clock in the morning of tiie next succecnling day. XII. And it is hereby enacted, that Whosoever shall steal any property in any dwelling- house, and shall by any menace or threat j)ut anv one being therein in bodily fear, or shall steal in any dwelling-house any property to the value in the whole of fifty ConipanyV rupees 638 [No. XXXI. of 1838. or more, or shall break and enter any dwelling-house, and steal therein any property, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be transported to such place as the Court shall direct for life, or for any term of years, or to be imprisoned for any term not exceeding four years. XIII. And it is hereby enacted, that whosoever shall rob any person, and at the time of or immediately before or immediately after such robbery shall stab, cut or wound any person, shall be guilty of felony, and being convicted thereof, shall suffer death. XIV. And it is hereby enacted, that whosoever shall, being armed with any offensive weapon or instrument, rob or assault with intent to rob any person, or shall together with one or more person or persons rob or assault with intent to rob any person, or shall rob any person, and at the time of or immediately before or after such robbery shall beat, strike or use any other personal violence to any person, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be transported to such place as the Court shall direct for life, or for any term of years, or to be imprisoned for any term not exceeding four years. XV. And it is hereby enacted, that whosoever shall accuse or threaten to accuse any person of the abominable crime of buggery committed either with mankind or with beast, or of any assault witii intent to commit the said abominable crime, or of any attempt or endeavour to commit the said abominable crime, or of making or offering any solicitation, persuasion, promise, or threat to any person whereby to move or induce such person to commit or permit the said abominable crime, with a view or intent, in any of tlie cases aforesaid, to extort or gain from such person, and shall by intimidating such person by such accusation or threat, extort or gain from such person any property, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be transported to such place as the Court shall direct for life, or for any term of years, or to be imprisoned for any term not exceeding four years. XVI. And it is hereby enacted, that whosoever shall plunder or steal any part of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandize or articles of any kind belonging to such ship or vessel, and be convicted thereof, shall be liable, at the discretion of the Court, to be transported to such place as the Court sliall direct for life, or for any term of years," or to be imprisoned for any term not exceeding four years. XVII. And it is hereby enacted, that whosoever shall rob any person, or shall steal any property from the person of another, shall be liable, at the discretion of the Coin-t, to be transported to such place as the Court shall direct, for any term not exceeding fifteen years, nor less than ten years, or to be imprisoned for any term not exceeding three years. XVIII. And it is hereby enacted, that whosoever shall assault any person with intent to rob, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding three years. XIX. And it is hereby enacted, that wliosoever shall, with menaces or by force, demand any property of any person with intent to steal the same, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding three years. XX. And it is hereby enacted, that whosoever shall unlawfully and maliciously set fire to any dwelling-house, any perscin being therein, shall be guilty of felony, and being convicted thereof, shall suffer death. XXI. And it is hereby enacted, that whosoever shall unlawfully and maliciously set fire to any church or chapel or other public place of religious worship whatsoever, or shall unlaw- fully and maliciously set fire to any house, stable, coach-house, out-house, warehouse, office, sliop, mill, barn, or granary, or to any building or erection used in carrying on any trade or manufacture, or any branch thereof, whether the same cr any of them respectively shall then be in the possession of the offender or in the possession of any other person, ^\ith intent thereby to injure or defraud any person, shall be guilty of felony, and being convicted tlicreof, shall be liable, at the discretion of the Court, to be transported to such place as the Court No. XXXI. of 1838.] 639 shall direct for life, or for any term of years, or to be imprisoned for any term not exceeding four years. XXII. And it is hereby enacted, that whosoever shall unlawfully and inalicioulv set fire to, cast away, or in anywise destroy any siiip or vessel, eitiier with intent to murder any person, or whereby the life of any person shall be endangered, shall be guilty of felony, and being convicted tliereof, sliall suffer death. XXIII. And it is iiereby enacted, that wliosoever shall unhiwfully exhibit any false liglit or signal, witli intent to bring any ship or vessel into danger, or sliall unlawfully or maliciously do anything tending to the immediate loss or destruction of any ship or vessel in distress, shall i)e guilty of felonv, and being convicted thereof, shall suffer death. XXIV. And it is hereby enacted, that whosoever shall unlawfully and maliciously set fire to, or in anywise destroy any ship or vessel, whether the same be complete or in an unfinished state, or shall unlawfully anil maliciously set fire to, cast away, or in anywise destroy any ship or vessel, with intent thereby to jjrcjudice anyowner or part owner of such ship or vessel, or of any goods on board the same, or any person that hatii underwritten or shall underwrite any policy of insurance upon such ship or vessel, or on the freight thereof, or upon any goods on board the same, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be transported to such place as the Court shall direct for life, or for any term of years, or be imprisoned for any term not exceeding four years. XXV. And it is hereby enacted, that whosoever shall by force prevent or impede any per- son endeavouring to save his life from any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore (whether he shall be on board or shall have quitted the same) shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be transported to such place as the Court shall direct for life, or for any term of years, or to be imprisoned for any term not exceeding four years. XX^ I. And it is hereby enacted, that whosoever shall unlawfidly and maliciously destroy any part of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandize, or articles of any kind belonging to such ship or vessel, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be transported to such place as the Court shall direct for life, or for any term of years, or to be imprisoned for any term not exceeding four years. XXVII. And it is hereby enacted, that whosoever shall unlawfully and maliciously set fire to any mine of coal shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be transported to such place as the Court shall think fit for life, or for any term of years, or to be imprisoned lor any term not exceeding four years. XXVIII. And it is hereby enacted, that whosoever shall unlawfully and maliciously set fire to any stack of rice, corn, or otiier grain, j)ulse, or sugar-cane, straw, hav, or wood, or to any crop of rice, corn or other grain, or ])ulse or sugar-cane, whether staiuling or cut liown, or to any part of a wood, coppice, or jilaiitation of trees or valuable ])lants, or to any grass, fern, or otiur like ground jiroduce, wheresoever the same mav be growing, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be transfwrted to such place as the Court shall think fit for life, or for any term of years, or to be imprisoned for any term not exceeding four years. XXIX. And it is hereby enacted, that if any person shall steal the whole or any part of any growing tree, sapling, or shrub, or any underwood, or of any pnle, post, or stile, or any growing cultivated plant, root, fruit, or vegetable production, or shall unlawfidlv and mali- ciously commit any damage, injury, or spoil to or iijiou any real or |)ersonal jiropirly what- soever, eitiier of a public or jirivate nature, every such oliender, Ix'ing convicted (n'l'ore a magistrate or justice of the ])iace, shall lor the first oH'cnee forfeit ami pay, o\er and above the amount of the injiu-y done, such sum of money, not exceeding fifty rupees, as to the magistrate or justice of the peace shall .seem meet; and if any jiersou so convicted shall after- wards be guilty of any of the .said offences, and shall be convicted thereof in like manner, every such oU'ender shall for such second oU'ence be imiirisoned with or witliout hard labour. 640 [No. XXXI. of 1838. for such term not exceeding six calendar months, as the convicting magistrate or justice of the peace shall think fit : provided always that nothing in this section contained concerning the stealing of any property or malicious damage, injury or spoil to or upon any real property of a jirivate nature shall extend to the settlements of Prince of Wales' Island, Singapoi-e, or jNIalacca. XXX. And it is hereby enacted, that every sum of money which shall be forfeited for the amount of any injury done (such amount in each case to be assessed by the convicting magistrate or justice of the peace) shall be paid to the party aggrieved, if known, except when. such party shall have been examined in proof of the offence, and that in every case of a sum- mary conviction under tliis Act, when the sum which shall be forfeited for the amount of the injury done, or which shall be imposed as a penalty by the magistrate or justice of the peace shall not be paid, either immediately after the conviction, or within such period as the magis- trate or justice of the peace shall at the time of conviction appoint, it shall be lawful for the convicting magistrate or justice of the peace to commit the offender to the common gaol or liouse of correction, to be imprisoned only, or to be imprisoned with hard labour, according to the discretion of the magistrate or justice of the peace, for any term not exceeding two calendar months, where the amount of the sum forfeited, or of the penalty imposed, or of both (as the case may be ) together with the costs, shall not exceed fifty rupees, and for any term not exceeding four calendar months, when the amount with costs shall not exceed one hundred rupees, and for any term not exceeding six calendar months in any other case, the commitment to be determinable in each of the cases aforesaid upon payment of the amount and costs. XXXI. Provided always, that where several persons shall join in the commission of the same offence, and shall, upon conviction thereof, each be adjudged to forfeit a sum equivalent to the amount of the injury done, in every such case no further sum shall be paid to the party aggrieved than that which shall be forfeited by one of such offenders only. XXXII. And it is hereby enacted, that in case any person convicted of any offence punish- able upon summary conviction, by virtue of this Act, shall have paid the sum adjudged to be paid, together with costs under such conviction, or shall have suffered the imprisonment awarded for non-payment thereof, every such person shall be released from all further or other proceed- ings for the same cause. XXXIII. And it is hereby enacted, that every punishment and forfeiture by this Act imposed on any jjerson maliciously committing any offence shall equally apply and be enforced whether the offence shall have been connnitted from malice conceived against the owner of the property in respect of which it shall be committed or otherwise. XXXIV. And it is hereby enacted, that it shall not be necessary in any proceeding, either for theft or for malicious injury, spoil or damage, to or upon any property, dedicated to public use or ornament, to allege the same to be the property of any person. XXXV. And it is hereby enacted, that the word " property" shall throughout this Act be deemed to include every thing included under the words " chattel, money, or valuable security," in the said statute made and passed in tiie ninth year of the reign of his late ^Majesty King George the Fourth aforesaid, and that the term dwelling-house shall have the same construction as in the said statute. XXXN'I. And it is hereby enacted, that in the case of every felony punishable under this Act, every principal in the .second degree, and every accessary before the fact shall be punish- able with death or otlierwise jn tiie same manner as the principal in the first degree is by this Act jHUiishable : and every accessary after the fact to any felony punishable under this Act (except only a receiver of stolen property) shall on conviction be liable to be imprisoned for any term not exceeding two years. XXXVII. And it is hereby enacted, that where any person shall be convicted under this Act for any offence punishable under this Act for which imprisonment may be awarded, it shall be lawful for the Court to sentence the offender to be imprisoned and kept to hard labour and also to direct that the prisoner be kept in solitary confinement for such a period or periods Ko. III. of 1839.] 641 of tlie imprisonment as to the Court in its discretion shall seem meet, not exceeding onemoiitli at a time, or three months in any one year. XXXVIII. And it is hereby enacted and provided, that it shall not be lawful for any Court under the authoritv of this Act, to order the transportation of any person being a native of the East-Indies, and not born of European parents, to the eastern coast of New South Wale.s, or any of the islands adjacent thereto. ACT No. XXXII. OF 1838. Passed by the Honourable the President of the Council of India in Council on the loth December, 1838. T. It is hereby enacted and declared, that all powers whatever in criminal cases, which by virtue of any law now in force may be exercised by two Justices of the l^eace within and for the provinces, districts, and countries of Bengal, lithar, and Orissa, and witliin and for the Presidency of Fort William in Bengal, and places thereto subordinate, may be exercised by one such Justice. II. And it is hereby enacted, that it shall Le lawful for any one such Justice to issue a war- rant of distress for tlie recovery of arrears of assessment accruing under the Act of Parlia- ment 33 George 3, cap. 52, and every such warrant shall have the same force as if it were under the hands and sials of two Justices. III. And it is hereby enacted and declared, tiiat all such powers heretofore exercised, and warrants issued by one such Justice of the Peace, shall be deemed legal and valid as if the same had been exercised or issued by two such Justices. ACT No. III. OF 1839. Passed by the Honourable the President of the Council of India in Council o)t the ] 8th February, 1839. I. It is liereby enacted and declared, that within the British territories under the govern- ment of the East-India Company, no person whatever is or shall be, by reason of phue of birth or by reason of descent, in any proceeding whatever connected with arrears or exactions of rent, excepted from the jurisdiction of the revenue Courts, anything in Act No. XI. of 183G contained notwithstanding. II. And it is hereby enacted that no such j)roceeding which may have been instituted before the passing of this Act in any such Court, and no decree which may have been passed before the passing of this Act in any such proceeding by t;ny such Court, shidl be treated as invalid by reason of the place of birth, or by reason of the descent of any party to such proceeding or to such decree. III. And it is hereby enacted, that within the said territories no person whatever shall, i)y reason of place of birth, or by reason of descent, be in any civil proceeding wliattver connected with arrears or exactions of rent excepted from tlie jurisdictions of the Courts of the moonsifs. 4 N 642 [No. XV. of 1839. ACT No. XV. OF 1839. Passed bi/ the Honourahk the President of the Coimeil of India in Council on the loth June, 1839. I. It is hereby enacted, that if any person on or after the day on which this Act will come into operation, as herein-after provided, lands or attempts to land in any part of the territories subject to the Government of the Presidency of Fort St. George, any foreign sugar, or any sugar which is the growth of any British possession into which foreign sugar can be legally imported, such sugar shall be seized and confiscated by the collector of the Customs, or by any other officer thereunto authorized by the Governor in Council of the said Presidency : jirovided always, that sugar which is the growth of any part of the Presidency of Fort AVilliam, in Bengal, into which foreign sugar, and sugar which is the growth of any British possession into which foreign sugar may be legally imported, are prohibited from being landed, may, during such prohibition, be landed in the said territories as heretofore. [Importation prohibited into territories subject to Fort William, by No. 32 of I83G.] II. And it is hereby enacted, that if any person being in possession of sugar, the produce of the said territories, desires to obtain a certificate of origin from the collector or assistant- collector of the land or Custom revenue of any district within the said territories, or from any other oflicer aj)pointed ])y the Governor in Council of Fort St. George to give such certificates, such person shall, in the presence of the oflicer from whom he desires to obtain sucli certificate, make and subscribe a declaration in the form contained in the schedule here- imto annexed, marked A. III. And it is hereby enacted, that the ofliicer before whom such a declaration as is afore- i^aid shall have been made, shall grant under his hand and seal to the declarant a certificate in the form contained in the schedule hereunto annexed, marked B. IV. And it is hereby enacted, that every person who intends to ship sugar from any place within the said territories for any part of the United Kingdom, shall be entitled to produce to the collector of Customs at that place, or to any other officer who may have been appointed by the Governor in Council of Fort St. George, to act on such occasions instead of the col- lector of Customs, a certificate such as is above described, and also in the presence of the officer to whom he has so produced such certificate, to make and subscribe a declaration in the form contained in the schedule hereunto annexed, marked C. V. And it is hereby enacted, that the officer to whom such a certificate shall have been so produced, and before whom a declaration in the last-mentioned form shall have been so made and subscribed, shall grant to the person who has made the last-mentioned declaration a cer- tificate in the form contained in the schedule hereunto annexed, marked D. VI. And it is hereby enacted, that any person who shall, in making any declaration under the authority of this Act, knowingly afiirm an untruth, shall, on conviction thereof, be punished by fine to an amount not exceeding five thousand rupees, and imprisonment with or without hard labour for a term not exceeding two years. VII. And it is hereby enacted that this Act shall come into operation at the expiration of one year after the passing of this Act. No. XV. of 1839.] 643 SCHEDULES. A. I, A. B., solemnly declare that all the sugar hereiii-iiiuler described is, to the best of niy knowledge and belief, the produce of this district of Description of the Sugar to tvhich the Declaration relates. The day of ) 18 . S Quantity. Quality. Number and denomination of Packages. (Signed) J.B. B. I, C. D., collector of land revenue (or collector of Custom revenue or being an officer appointed by the Governor in Council of Fort St. George to act in this behalf) for this dis- trict of , do hereby grant this certificate under my hand and seal, that the sugar herein under described is of the produce of this district of , and that the importation of foreign sugar, and of sugar the growth of any British possession into which foreign sugar can be legally imported, is prohibited in the said district of Description of the Sugar to which this Certificate relates. i Quantity. 1 Quality. Number and denomination of the Packages. Name of the Declarant on whose 1 Declaration the Certificate is given. 1 1 L. S. (Signed) CD. I, E. F., shipper of the surar lierein-under described, solemnly declare that all the sugar herein-under described is, to the best of my knowledge and belief, the same sugar to wliidi the certificate now produced by me relates. Description of the Sugar to which the Declaration relates. Quantity. Quality. Number and duiiDminntion of Packages. Name of Shi|) in which ! Xamc the .Supir is shipped of tlir .Master of or to be shipped. tlie Ship. (Signed) E. F. 4x2 644 [No. XXXI. of 1839. D I, G. H., collector of Customs (or hi'mg an officer appointed by the Governor in Council, of Fort St. George to act in this behalf) for the port of certify, under my hand and seal, that tliere has been produced to me by E. F., the shipper of the sugar lierein-under described, a certificate under the hand and seal of CD., collector of land revenue (or collector of Custo;n revenue, or beingr an officer appointed by the Governor in Council of Fort St. George to act in this behalf) for the district of in the territories subject to the Government of the Presidency of Madras, which certificate certifies tliat the said sugar is the produce of the said district, and that the importation of foreign sugar, or sugar the growth of anv British possession into which foreign sugar can be legally imported, is prohibited in the said district. Description of the Sugar to which this Certificate relates. Quantity. Quality. Number and (leuomiuation of l'aclt fourteen sitting days after the 1st May, of annual prochiee of nxenue, ilistinguishing res- 4 o G50 Accounts, he. — continued. rAGE pective heads at eacli presidency or settlement ; annual receipts and disbursements at home and abroad, distinguished under respective heads, with latest estimate of the same : amount of debts, rate of interest, annual amount of interest, state of effects and credits at home and abroad ; lists of establishments and of salaries and allowances ; Court of Directors under control of Board, to prepare forms of accounts and estimates ; particulars of new increased salaries, establishments, or pen- sions to be placed at foot of accounts 3 & 4 IF. 4, c. 85, s. 116 439 Company discharged from all claims on account of King's troops serving in India computed to 30th April, 1822, and Crown released from all claims on account of money advanced by Company for its service; stores and public property in St. Helena to become property of the Company ... ... ... ... 3 G. 4, c. 93, s. 3 238 Claims of Crown in respect of spices and proceeds thereof not to be affected, nor claims of Company to money due for hemp, nor to any bills of ex- change drawn in India on His Majesty's Goverment in respect of current public service prior to 30th April, 1822 ... s. 4 ib. Copies of Regulations passed in India, and transmitted to Court of Direc- tors, 37 G. S, c. 142 ; 39 & 40 G. 3, c. 79 ; 47 G. 3, sess. 2, c. 68 ; to be laid annually before Parliament, together with account 53 G. 3, c. 165, J. m 176 Copies of all laws and regulations made by Governor-general of India in Council to be laid before Parliament annually 3 & 4 W. 4, c. 85, s. 51 423 Rules for procedure of the Governor-general in Council, approved by the Board of Control, to be laid before Parliament in the session next after their approval ... ... ... ' ... ... s. 47 422 Repoits of India Law Commissioners, with opinions or resolutions of Governor-general in Council thereon, to be laid before Parliament in the same manner as is now provided concerning regulations made by Government of India ... ... ... ... s. 54 424 Repoits of drafts of Regulations respecting slavery received by the Court of Directors and tlieir proceedings thereon, to be laid before Parliament within the first fourteen days of their meeting ... s. 88 433 Accounts and papers, &c. to be furnished to the Commissioners for the affairs of India {see Board of Conunissioners). By Laws relating to Accounts {see Appendix). Acts. Clerk of Parliament to endorse on every Act the time it receives the Royal Assent, which shall be its commencement, when no other is provided 33 G. 3, c. 13 77 33 G. 3, c. 52, to commence immediately on passing in Great Britain : in India from 1st February, 1794 ... 33 G. 3, c. 52, s. 163 114 Wlien bills for continuing expiring Acts do not pass before Act expires, such Acts shall be continued from expiration ... 48 G. 3, c. 106 151 ^— So much of 53 G. 3, c. 155, for which no other time is prescribed, to com- mence 10th April, 1814 ... ... 53 G. 3, c. 155, *. 125 199 9 G. 4, c. 74, (Criminal Justice) from 1st March, 1829. 9 G. 4, c. 74, s. 1 308 651 Acts — continued. PAGE 3 & 4 Wm. 4, c. 54 (British Shipping and Navigation) 1st September, 1833, except when any other conimencenient named 3 & 4 W. 4, c. 54, s. 1 :576 3 & 4 Wm. 4, c. 85 (Renewal of term of Company's Goverinnont of India) from the passing thereof, as to appointment of Governors, members of Council, and other officers, and to all other matters and things, from 22nd April, 1834 ... ... 3 & 4 W. 4, c. 85, «. 117 lv39 5 S: C W. 4, c. G2 (Abolition of Unnecessary Oaths) from 1st October, 1835 5 k6W. 4, c. 62, s. 22 457 1 & 2 V. c. 110 (Insolvent Debtors in England) from 1st October, 1838, except when any other coniBiencement named 1 & 2 F. c. 1 10, s. 123 476 3 St 4 V. c. 37 (Mutiny Act for Company':, Forces — Indian Navy — Pay- ment of Regimental Debts — Distribution of Estates of Officers and Soldiers dying on Service) to commence from and after 1st January, 1841, except where other commencement is particularly directed, from which date 4 G. 4, c. 81, is repealed ... 3 & 4 V. c. 37, s. 59 517 ■ 3 & 4 V. c. 96 (Duties of Postage) to commence 1st September, 1840 3 & 4 V. c. 96 532 Acts of the Goveunment of India (see Governor-general and Council of India). Actions not to be stayed or compromised by the Company, their officers and servants, or the Court of Directors, before final judgment, unless with approba- tion of the Board ... ... ... 33 G. 3, c. 52, j. 68 100 All suits and prosecutions for anything done under or by virtue of 33 G. 3, c. 52, to be connucnced within three years after cause of complaint, or if done in Great Britain in the absence of any person aggrieved thereby, within three years of the return of such person to Great Britain ... ... ... ... s. 162 114 Same provision with regard to proceedings under 53 G, 3, c. 155 (See that Act, s. lU) 199 No action be commenced for anything done under 55 G. 3, c. 84, until after twenty days' notice, nor after sufficient satisfaction or tender thereof shall have been made, nor after three years' after cause of complaint shidl Iiave arisen ; defendants may plead general issue, and give special matter in evidence : plaintiffs to be nonsuited if sufficient satisfaction or tender proved or action not commenced within limited time, or in any other manner than as directed ; tlie defendant to have treble costs if jjiaiiitiH' be nonsuited, or discontinue his action, after defendant lias appeared, or judgment be given against j)laintift' ujjoii demurrer, (jr similar objoetion, or wiu're verdict, or judgment in nature of verdict, shall pass for defendant ... ... ... ... 55 G. 3, c. 84, *. 9 2t)8 • All actions or suits for anything done under Act 4, (i. 4, c. 80 (relative to Asiatic seamen) to be commenced within three months after the fact com- mitted, such action to be brought only in the county or place where the cause of action shall have arisen ; defendant mav plead general issue and give Act and special matter in evidence; if done imder authority and execution of Act, or l)rought al'ter limited time, or in other county 4 o 2 652 Action — continued. PASf or place, jury to find for defendant : if plaintiff become nonsuit, dis- continue action, or have verdict against him, defendant to have treble costs and usual remedy for recovery thereof 4 G. 4, c. 83, *. 33 249 All actions under Act 9, G. 4, c. 74 (Criminal Justice in India), to be com- menced within six calendar months after fact committed ; notice to be n-iven to defendant one calendar month at least before the commencement of action ; defendant may plead general issue,and give Actand special mat- ter in evidence ; no plaintiff to recover if tenderer sufficient amends have been made liefore action brought, or if a sufficient sum of money shall have been paid into Court by defendant after action brought ; if verdict for defendant, plaintiff nonsuited or discontinue action after issue joined, defendant may recover full costs as between attorney and client ; if a verdict be o-iven for plaintiff", such ])laintiff' not to have costs against defendant, unless the judge shall certify his approbation of the action 9 G. 4, c. 74, s. 51 319 {See also Court of King's Bench, Mandamus, Officers and Servants of the Company, and Residence.) Administkatiok of Effects or British Suujkcts dyixc Intestate in India, in default of next of kin or creditor appearing after citation in proper Ecclesiastical Court, and satisfactorily establishing claim, the registrar of the Court to administer and account 39 & 40 G. 3, c. 79, *. 21 138 Letters of administration thus granted to be recalled on establishment of claim by next of kin or creditor absent at return of tlie citation ... s. 22 139^ Letters of administration to be granted to attornies Iiaving sufficient autliority from executors, next of kin, or residuary legatees, in preference to tlie registrar of tlie Court, and all other persons over whom the principal would have had a preferable claim if resident within the jurisdiction of the Court 5-5 G. 3, c. 84, ... 2 204 On application of attorney duly appointed, letters of administration to regis- trar to be revoked, unless unreasonable delay has taken place either in furnishing the authority or making application under it: Court may order the whole or part of any commission in respect to administration due by any reasonable custom, to be allowed to the registrar ; not neces- sary fur attornies to take out letters of administration otherwise than if Act had not be made ; no claim to commission to accrue to them thereby otiier tlian would have been payable to them as agents according to usual rates or by special agreement ... ... ... s. 3 204 Act not to affect rights or interests arising before passing ... s. 4 205 Registrar to enter in a book separate account of each estate to which he has been appointed administrator ; book to be kept open to inspection of all parties at office hours, on payment of reasonable fee, to be fixed by Court ; registrar twice a year to exhibit and deliver in open Court sche- dules of accounts to be filed and publislied in Gaxefte of Presidency, and transmitted by Government to Court of Directors who shall cause them to be published in the Zo?ido?j Gff^e<^e ... ... s. 5 206 To effects of deceased officers and soldiers, &c. (see Army and Indian Navy). 653 AuMiNisTitATioN OF JiJSTicE IN CuiMiN'Ai. Casks {sce Criminal Justice in India). AnMiUAi.TY. Commission for trial of prize causes and other maritime questions arising in India may be issued by his ^Majesty from the High Court of Admiralty in Kngland ; and Judges of the Supreme Courts in India either alone or jointly with other persons named in commission, shall be Commissioners ... ... ... 39 & 40 (7. a, c. 79, a. 2.3 1:39 Acts of Surrogates of V^ice-Adniiralty Courts abroad appointed by Judges or by governors of plantations and colonies to be valid during vacancies occasioned by deaths, resignations, or removals of Judges 56 G. 3, c. 8.'2 !ilO ■ Regulations respecting practice, fees, and jurisdiction of Vice-Admiralty Courts abroad ... ... ... 2 IF. 4, c. 51, s. 1 to 6 356,3.37 • ■ Appeals from Admiralty and Vice-Admiralty Courts to be to the King in Council ... ... ... ... 3 & 4 ir. 4, c. 41,s.2 365 — — Adniiralty jurisdiction as exercised by Supreme Court at Fort William may be extended to his Majesty's Court of Judicature of Prince of Wales' Island, Sec. ; warrants for Letters Patent to be countersigned by Pre- sident of Board of Control ... 6 & 7 IK. 4, c. 5.3, s. 1 & 2 462 Advocatks axi) ATTonN'i?:s of the Supreme Courts only to practice in Insolvent Courts ... ... ... ... 9 fr. 4, r. 73, «. 2 284 may l)e approved, admitted and enrolled by Supreme Courts in India without tile Company's licence ... ... 3 & 4 W. 4, c. 85, *■. 115 438 Agkxts {.see Factors or Agents, Larceny, and Officers and Servants). AcRA, Presidency of, created ... ... ... 3 & 4 IF. 4, c. 85, s. 38 420 Court of Directors, with apjirobation of the Poard, may suspend jirovisions for dividing territories subject to Presidency of Fort William into two presidencies, Fort ^Villiam and Agra ... 5 & 6 IF. 4, c. 52, s. 1 433 (See aim, Clovornor-gencral and Council of India, Passage-nioney, and Salaries). Ai,i::n"s. 'i'iie several Governments authorized to ])rcveiit subjects of foreign states from residing in India (.see Residence) ... 55 G'. 3, r. S l, .v. 6 &: 7 206, 207 Amt:imc'.\. American vessels allowed to clear out of ports of the United Kingdom for tiie Britisii dominicms in the Fast-Indies under the same regulations as British vessels; duration of the Act to be that of the Convention between the Crown and tiie United States 59 G. 3, <: 54, *. 6 & 12 220 Ai-i'EAi.s maybe made from the Provincial Courts of Bengal to the Supreme Court to be established there ... ... ... 13 G. 3, c. 63, .v. 16 30 and from the Supreme Court to the King in Council ... .y. 18 31 (iovcrnor-geiitral and (Council or some Conniiittee thereof or appointed thereby, may determine appeals from Provincial Courts in civil causes ; judgments to be dual, except when, in suits above a certain amount, the parties appeal to the King in Council ... 21 G. 3, c. 70, v. 21 51 (lovcrnor-general in Council and Governors in Couiuil lu.iy call .Iu>ticesof the Peace to sit with tluni in lienriiig and determining ajjjieals 33 G'. 3, c. 52, A-. 155 110 10,000 rupees fi.xed as the »i/'«ewn/w for which an apjical will lie to the Pri\y Council froni any ('ourf in India ... ... ... .. 120 Constitution of Judicial Committee of Privy Council 3 & 4 W. 4, r. 41, «. 1 Xt V 654 Appeals — continued. from Admiralty and Vice-Admiralty Courts (see Admiralty). AH appeals to be referred to Judicial Committee to report thereon ; modes of proceeding, costs, time of appealing, mode of carrying into effect de- crees, &c. 3&4^r.4,c.41, s.3to21 365—368 His Majesty in Council may give directions to the Company or other persons for bringing to a hearing appeals from the several Courts of Sudder Dewanny Adawlut, and for appointing agents and counsel for the dif- ferent parties, and may make orders for the security and payment of costs; whereupon such appeals may be heard and determined, but last- mentioned powers not to extend to any appeal except where no pro- ceedings may have been taken in England on either side for two years subsequent to admission of appeal by Court of Sudder Dewanny Adawlut ... ... ... ... ... .V. 22 368 Order to have effect on any such appeal notwithstanding death of any of the parties interested therein, but where appeal has been withdrawn, or dis- continued, or compromised, determination of Council therein to have no effect ... *. 23 369 I His Majesty in Council may make rules and orders for regulating the mode, form, and time of appeal from all Courts eastward of the Cape of Good Hojje, from which an appeal lies to the King in Council ; and also for preventing delays, regulating expenses, and fixing amount for which appeal may be made ... ... ... ... s. 24 369 Powers of Judicial Committee and of liis Majesty in Council to punish contempts, compel appearances, and enforce judgments, decrees, and orders ... ... ... -... ... s. 28 ib. —— Retired Judges of Courts in India appointed to attend the sittings of the Judicial Committee, to have from the consolidated fund over and above their retired pensions .£'400 for every year they may so attend, as an indemnification of their expanses ... ... ... «. 30 370 Appointments, provisional (see Provisional Appointments). Appkopkiation of Revenues (see Directors, Security Fund, Stock). Argot. Nabobs of Arcot and Carnatic, claims not to be prejudiced 3 & 4 JK. 4, c. 85, s. 18 415 AiiCHDEACOMs (see Ecclesiastical Establishments). AuMY IN India. Army of the Crown. Board of Commissioners for the affairs of India may direct expenses of forces sent to India to be paid out of the revenues of that country 28 G.3, c. 8, s.l 75 Number not to exceed in the whole 8,045 men, including commissioned and non-commissioned officers ... ... ... ... s. 2 ib. increased to 10,727 men ... ... ... ... 31 G. 3, c. 10 77 Payment for King''s troops by the Company not to exceed 20,000 men, including commissioned and non-commissioned officers ; unless any greater number shall be sent to India on the requisition of the Court of Directors ... ... ... ... 53 G. 3, c. 155, s. 87 183 655 Army — in India —continued. TACE Actual expenses of the forces of the Crown in India, and of raising and sup- plying recruits for the same, to be borne by the Company 33 G. 3, c. 52, *. 128 104 • Company discharged from all claims on account of, com])utcd to SOtli April, 1822; and Crown released from all claims on account of money advanced by Company for its service ... ... 3 G. 4, . Good Friday, Christmas-day, and fast or thanksgiving daj-s, as regards bills of exciiange and promissory notes, to be treated and considered as the Lord's day ... ... ... ... ... a. 3 276 Act not to extend to Scotland ... ... ... ... s. 4 ih. Bills not accepted on presentment, may be protested in the place where made payable by the drawers ... ... 2 & 3 IF. 4, r. 98 358 Accepted for honour, need not be presented to acceptor or referree till day after falling due, and if residence of acceptor or referree be in any other place than where payable, need not be forwarded till day after falling due ; if day following be Sunday, Good Friday, Christmas-day, fast or thanksgiving da}', presentment or transmission may be delayed one day longer ... ... ... 6 & 7 W. 4, c. 5S, s. 1 S^- 2 4G3 Bills of exchange payable at or witiiin twelve months, not liable to the laws for the prevention of usury ... ... 2 & 3 T. s. 37, s. 1 480 Act continued till 1st January, 1843 ... ... 3 & 4 V. c. 83 523 Bishop of London {see College). Bishops of Calcutta, iMaohas, an-^d Bombay (see Ecclesiastical Establishment). BoAKD of Commissioners for Affairs of India to be constituted by Letters Patent or Commission from the Crown ... 33 G. 3, c. 52, s. 2 79 665 noAiti), &c. — continued. mny be constituted bv Commission from tlie Crown under the Great Seal, and all previous provisions and enactments not rej)ealed, or repuj^nant to Act 3 & 4 W. l, c. 85, to be applicable to the Commissioners so nomi- nated 3 & 4 IF. 4, r. 85, ,9. 19 415 The Lord President of the Council, the Lord Privy Seal, the First Lord of the Treasury, the Principal Secretaries of State, and the Chancellor of the Exchequer, to be e.r ojficlo Connnissioners, with the same powers as if exj)ressly nominated in the Connnission ... ... .v. 20 415 Two Connnissioners may form a Hoard ... ... ... .v. ~1 Hj- First-named Connnissioner to be President ... 3;j G. 3, c. 52, ; . ii 79 3 & 4 W. 4, f. 85, s- 21 415 In his absence, Connnissioner whose name stands next in the Connnission to preside ... ... ... ... 33 G. 3, c. 52, s. 3 79 Or the Commissioner next in order of nomination of the Act 3 & 4 W. 4, r. 8", s. 21 415 Presidtnt, or Commissioner acting as such, to have the castine; vote ;» G. 3, c. 52, .V. 4 79 3 &: 4 W. 4, c. 85, s. 22 416 Connnissioners to take oath according to a prescribed form 33G'..3,r.52,.s-.G 80 Appointment of Connnissioner not to disqualify from sitting in Parliamc\'.t, nor appointment of Member of the House of Conunons to be Commis- sioner, without salary, to vacate seat ... 33 G. 3, c. 52, s. 8 81 President, but no other Commissioner as such, to receive salary 3 & 4 W^. 4, r. 85, .V. 23 41 f) Connnissioners, secretaries, and servants, on 22nd April, 1834, to continue till appointments revoked ... ... ••• ••• .v. -t) 41u Board may appoint such officers as shall be necessary to attend upon them, who shall be subject to dismission at their pleasure ; proceedings to be entered in books; salaries to be fixed by the Crown, and, with all con- tingent charges, to be paid quarterly by the Company ; the amount having been previously allowed by the Board and certified by the Pre- sident or acting President ... ... ... 33 G. 3, (\ 5~. .V. J (9 To take and subscribe before tiie Board such oath of secrecy for the execu- tion of the duties of their respective stations as the Board shall direct •v. 7 80 Board niav, if at any time they shall deem it expctlient, recpiire an oath to be taken by all or any of their oflicers 3 Sc 4 (»'. 4, c. 85, s. 24 41(j Apiiointment of secretary not to discjualify from sitting in Parliament, nor appointment of Mend)er of the House of Connnons (o be secretary l.> vacate seat 33 G. 3, f. 52, *■. 8 81 May appoint two secretaries and other olHcers ; each secretary (o have the same powir as tile chief secretary ; who are to be jiaiil by the Company such fixed salaries as his Majesty shall direct 3 Sc 4 M'. 4, c. 85, s. 23 Wii Proceedings of the l?()ard to be signed by one or other of the secretaries .s-. 30 41 S The sum to be jiaid by tiie Company for the salaries and charges of the Board fixed at .X'2(),0()0 per annum, exclusive of superannuations 5d G. 3, r. 155, s. 90 185 4 d 666 Board, &c. — continued. Amount not to be increaserl, except for expenses attending the winding-up of the commercial business of tlie Company 3&4 IF. 4, c. 85,5.110 438 President to be in the first class of officers specified in Act 57 G. 3, c. 65, intituled, " An Act to enable his Majesty to recompense the Services of Persons holding or having held certain higli and efficient Civil Offices," and Chief Secretary of the Board in the fourth class 6 G. 4, c. 90 266 Pension to President not to exceed =£'2,000 per annum, after a service of not less tiian two years in tlie whole, either uninterruptedly or at different times, in any one or more of the offices named 4 & 5 W. 4, c. 24, s. 1 444 Pensions to Secretaries to the Board limited to .£'1,000 per annum, after a service in one or more of the offices named for a period of not less than ten years, either uninterruptedly or at different times 4 & 5 IF. 4, c. 24, s. 4 ih. Rules with respect to such pensions, and declarations to be made by claimants ... ... ... ... ... ... s. o tol 445 His iVIajesty may grant allowances, compensations or superannuations to officers of the Board in conformity with 50 G. 3, c. 117, s. 12, to be paid by the Company ; previous service under the Company to be reckoned in computing period of service ... 53 G. 3, c. 155, s. 91 & 92 186 (The scale is the same as that prescribed for officers and servants of the Company, by the 93rd section of the same Act, page 186). Accounts of superannuations to be laid before Parliament ... a. 94 187 to have access to the books, papers, &c. of the Company; to be assisted by the proper officers of the Company in their searches for the same, and furnished with such copies or extracts as may be required 83 G. 3, c. 52, s. 10 81 may call for tlie preparation of all such accounts, statements, and abstracts, relating to the affairs of the Company, as they shall think fit, and whicli are to be furnished by the Court with all reasonable dispatch 53G.3,c. 155, 5.78 179 to receive from the Court of Directors copies of minutes of Courts of Pro- prietors, and of Courts of Directors, within eight days after the holding of such Courts ... ... ... S3 G. 3, c. 52, s. 11 82 3 & 4 W. 4, c. 85, s. 29 417 and copies of letters received from the East-Indies, and other settlements or factories, relating to civil or military government or revenue, immedi- ately after arrival ... ... ... 33 G. 3, c. 52, i-. 11 82 and copies of all the letters, &c. which may be material to be comnumicated, or the Board may require ... ... 3 & 4 W. 4, c. 85, «. 29 417 But Court not required to submit for the consideration of the Board, com- munications witli their officers and servants on the Home Establishment, or with the legal advisers of the Company ... ... j. 34 419 >;o orders relating to the civil and military government or revenues to be sent to India by Court of Directors, until approved by Board ; copies of jn-oposed orders, &c. to be sent to the Board, and to be returned with approval certified, or if disapproved or varied in substance, with reasons 607 BoAUD, Scc. — co7itinucd. PAGE in writing; dispatches, as apj)roved, to be forwarded, unless, on repre- sentation of Directors, Board shall orcier any alteration ; Directors to be bound by instructions received from time to time from Board 33 G. 3, 0.52, 5.12 82 Proposed despatches to be returned within two months 53 G. 3, c. 155, *. 71 177 No orders, &c. relating to territories or government, or property or rights in trust, or any public matters whatever, to be sent until submitted to the Board ; copies to be sent to the Board to be returned within two months, with approbation signified, or reasons in writing for disapproval or variation and directions, in either case under the hand of one of the Se- cretaries ; Directors to send orders, &c. in form approved, to proper destination ; Board by minutes, from time to time to be entered on re- cord, may allow such classes of orders, &c. as may be described to be sent without being laid before the Board 3 & 4 IK. 4, c. 85, s. 30 418 to take into consideration representations in writing from Directors in re- ference to any letters, &c. varied in substance, or disapproved, and to give orders thereupon, which are to be conclusive 33 G. 3, c. 52, s. 13 83 Directors not restricted from expressing within fourteen days, by representa- tion in writing, such remarks, &c. as they shall think fit, concerning directions which they siiall receive from tlie Board ; Board to take matters into consideration, and give further directions, which shall be final and conclusive ... ... 3 & 4 W. 4, c. 85, a-. 32 418 Board may prepare and send to Court of Directors, orders to the Govermncnt of India, if Court neglect to frame despatches within fourteen days after requisition made, and Court to transmit them, unless upon representa- tion the Board should make alterations ... 33 G'. 3, f. 52, A'. 15 83 ^h^W. 4, c. 85, s. 31 418 Time for making such representation by the Court restricted to fourteen days ... ... ... ... 3 & 4 IF. 4, c. 85, s. 32 ib. If the Court deem orders respecting which directions of the Board have been given to be contrary to law, Board and Court may send a special case to be agreed upon, and signed by President and Chairman, to three or more of the Judges of the Court of King's Bencii for their o|)inion, which opinion, being certified to the President and Chairman, shall be final and conclusive ... ... ... ... *-. 33 ib. may send orders relating to levying war, or making peace, or treating or nego- tiating with any of the Native Princes or States of India, to the Secret Committee, who without disclosure shall transmit them as directed ; obedience to be paid thereto ... ... 33 G. 3, c. .52, a. 1 9 84 Directions concerning the levying of war, making of peace, or treaties, or negotiations with any Native Princes or States of Imiia, or any otjier Princes or States, may be sent, through the Secret Conunittee, to any of the Governments or Presidencies of India, or to any oflicers or ser- vants of the Company, who shall pay ()l>edience thereto 3 & 4 M'. 4, c. 85, A. 3G Hi) {See Secret Committee). — — to superintend, direct, and control all acts and concerns whicli in any wise 4q2 668 Board, &e — coiithmed. '•a«k relate to or concern the civil or military government or revenues of the territories in the East-Indies ... ... 33 G. 3, c. 52, s. 9 81 3 & 4 W. 4, c. 8.5, «. 25 41 G , may direct payment of the King's troops sent to India, from the revenues of that country (see Army of the Crown.) 28 G. 3, c. 8, s. 1 & 2 1-5 31 G. 3, c. 10 77 53 G. 3, c. 155, s. 87 183 to control all increase of salaries, establishments, or pensions exceeding £200 per annum 33 G. 3, c. 52, ... 1^5 102 to control grants of gratuities exceeding £600 53 G. 3, c. 155, *. F8 183 55 G. 3, c. 64 202 to superintend and control sale of commercial and other property under provisions of 3 Sc 4 \V. 4, c. 85, and appoint officers to attend them during tlie winding-up of the commercial concerns of the Company. Charges of such officers to be defrayed by the Company, in addition to other charges of the Board 3 & 4 IF. 4, r. 8.5, .s'. 6 411 Particulars of such charges to be laid before Parliament ... s. 8 412 to control all Acts, &c. relating to the property, &c. vested in the Company in trust, all grants of salaries, gratuities, and allowances, and all other payments and charges, with certain exceptions s. 25 416 420 437 Directois to frame and submit to the Board an estimate of the gross sum annually required for salaries and expenses of the home establishment ; if amount reduced, reasons to be given; amount to be applicable at dis- cretion of Directors, and Board not to interfere with or control particu- lars. Accounts to be kept and rendered as of other brancl.es of Company's expenditure ... ... - ... ... «■. 37 All powers given to Court of Directors to be deemed subject to the control of the Board, except there be something in enactments inconsistent with such construction, and except as to patronage, or right of ajipointing to office vested in or reserved to the Court ... ... s. 109 to appoint examiners of candidates for admission to the Company's Col- lege, and make rules for examinations. Expenses not to exceed £500 in any one year 7 IF. 4 & 1 V. c. 70, «. 2 & 3 469, 470 Rules to be laid before Parliament within 14 days after the commencement of the session next ensuing ... ... ... .s. 7 to make rules for government of Company ''s College, such rules to have no effect till approved by her Majesty by Order in Council; twenty-one days' notice previously to their being submitted to her Majesty to be given to the Court of Directors ... ... 1 & 2 K.c. 22, s. 1 not to nominate servants of the Company ... 33 G. 3, c. 52, s. 14 3 & 4 W. 4, c. 85, s. 34 not to direct or interfere with the officers and servants of the Company on the home establishment ... ... ... ... «. 34 not to give directions for increasing salaries beyond fixed amount, unless proposed by Court of Directors, and unless amounts, with reasons, be laid before Parliament thirty days before despatch sent 28 G. 3, c. 8, s. 3 75 33 G. 3, c. 52, s. 17 83 3 & 4 ir. 4, c. 85, s. 110 438 ib. 471 S3 419 ih 60.0 BoAitu, &c. — continued. PiOE nut to give directions for payment of any extraordinary allowance or gratuity unless proposed by Court of Directors ... 28 G. 3, c. 8, s. i 7() 33 G. 3, c. 52, A-. 18 8+ 3 & 4 IF. 4, c. 8.5, s. 110 438 Accounts of increased salaries, allowances and gratuities, proposed by the Court, and approved by tlie Board, to be laid before Parliament 28 G. 3, c. 8, A-. 4 Hi 33 G. 3, c. 52, «. 17 & 18 83, 84 Bom HAY granted to tlie East-India Company 27th March, l(iG9 ... ... 1 (..S'ee Governments Subordinate, Courts Supreme, Limits, and ^larinc.) BovDs EXECUTED IN THE East-Indies shall be evidence in Great Britain, and con- trariwise, on proof of handwriting of parties 2G 6'. 3, c. 57, s. 38 73 Bonds anu Bond Debt of the Comtany in England. United Company to borrow money only on the conmion seal, payable at not less than six months, with restrictions to prevent injury to the Bank of England 9 & 10 \V. 3, c. 44, s. 75 15 ^[ay liorrow on the common seal, £1,500,000, to enable tliem to lend money to the Crown to carry on the war ... 6 Anne, c. 17, s. 2 17 • Autiiorized to borrow to an amount not exceeding at any one time the sum due at such time from tlie public to the Company, or not exceeding i?5,000,000 ill tile whole ... ... 7 G. 1, c. 5, s. 32 18 May borrow i?l,000,000 in addition to the above J^5,000,000, to enable them to raise and pay a lilcc hum for the service of tlie Crown 17 G. 2, c. 17, s. 8 22 3.Ioney raised by the sale of annuities to be applied in discliarge of the bond debt, and the power of borrowing given by previous Acts of Parliament continued and confirmed ... ... 23 G'. 2, c. 22, .s. 6 23 Del)t to be reduced to X'l,. 500,000 ... 13 G. 3, c. fi4, j. 13 88 Debt reduced to oei,.500,000 ... ... ... 21 G. 3, c. 65 44 - Bond debt may be increased to ^2,000,000 23 G. 3, c. 36, s. 2 52 Boiul debt to be again reduced to X'l ,500,000 23 G. 3, c. 83, s. 8 53 24 G. 3, c. 34, .f. 4 .59 Huiids may be issued to the extent of i'l ,200,000, in addition to the present bond debt ... ... ... ... 28 G. 3, r. 29 7f) Debt to be reduced to X'l, 500,000 ; but, witii the approbation of the Board, m:iy subsequently be increased by a sum not exceeding oC500,000 .33 G. 3, c. 47, .V. 14 ,%■ 15 78 Company may continue their bonil tlebt of J.'2, 000,000, and borrow, as cir- cumstances may require, a further sum of -t'l,00(),0()() 34 G. 3, c. 41 111- ^^'itil consent of Board of Control, interest may be allowcil on bonds not exceeding the rate allowed on Excliecjuer bills issued at the same time 44 G. 3, V. 3, s. 3 144 IVriiii^sion above not to be construeil to restrain Company from allowing at any time legal interest ... ... ... ... s. \ 1 l."> Company autiiorized to borrow furtiier sum not exceeding i^^2,()00,()00 47 G. 3, *m.2, f. 41,.v. 1 147 I'nrtiuT increase of of 2,0<)(),()0() autliori/id 51 G. 3, r. 64, s. 1 1()1 670 Bonds, &c. — continued. PAGE Bonds to be assignable and transferable by delivery of possession 51 G. y, c. 64, s. i 162 Commissioners of Treasury may compound with the Company for annual sum of money in lieu of stamp duty on bonds; to be paid half-yearly ; payment secured by bond exempt from stamp duty ; may be made for any number of years not exceeding five; all bonds of the Company during the term exempted from stamp duty 5 Si 6 W. 4, c. 64, s. 4 457 British Subjects residing in the Company's possessions amenable to the Courts of Justice therein ; and such who reside in the Company's possessions on tlie coast of Coromandel, in the Carnatic, in the five Northern Circars, including the parts thereof in Orissa, the dominions of the Soubah of the Deccan, the Nabob of Arcot, or the Rajah of Tanjore, to be subject to the Courts of Oyer, &c.. Supreme Court at Madras, &c. 26 G. 3, c. 57, s. 29 & 30 72 appointed to collect, manage, control, &c. rents, duties, or revenues, belonging to the Company ; to take oath before acting, not to receive any presents, &c., and to render a just account of all monies received. British sub- jects in the King's or Company's services receiving or demanding presents 8ec., deemed extortion, and to be punished as a misdemeanor 33 G. 3, c. 52, s. 61 to 64 99, 100 amenable to Courts of Justice in India and Great Britain, for offences in the territories of Native Princes ... ... ... s. 67 ib. not to be concerned in the inland trade in salt, beetle-nut, tobacco, or rice, except on account of or witli the Company's permission, on pain of for- feiture of goods and treble the value thereof ; one moiety to the Com- pany, and one to party suing ... ... ... i. 137 104 residing in places dependant upon the government of Madras and Bombay, amena'ule to the Recorder's Courts respectively, for all crimes, &c. com- mitted therein, or in the dominions of any Native Princes, &c., in alliance with those governments 37 G. 3, c. 142, s. 10 & 11 121, 122 No British subject, either directly or indirectly, to lend any money, or other valuable things, to any Native Prince, nor be concerned in lending any money to any Native Prince, or raising or procuring any for iiim ; nor be security for any sucli loan of money ; nor make any loan to any other person for the purpose of being lent to such Prince, nor directly or indi- rectly to take bond, or be concerned in any bond, note, or other security or assignment granted by such Prince for his repayment of any money or other valuable thing, without previous consent of the Court of Directors, or of one of the Company's governments in India, in wTiting. Offenders to be deemed guilty of misdemeanor at law, and may be pro- ceeded against before any Court of competent jurisdiction. All securi- ties to be void ... ... ... ... ... s. 28 125 {See also Courts of Judicature, Justices of the Peace, Natives of India and Residence). Brokerage {see Sale and Brokerage of Offices). By-Laws. Directors to act according to the by-laws given them by the General Court {Charter.) 8 nc): 671 By-Laws — co7it'mtted. ■ wliere wanting, Directors may act as flicy shall see cause (Charter.) 8 General Court may make them from time to time ... ... ib. ib. relating to shipping, if not inconsistent with Act 58 G. 3, c. 83, to remain in force {see Shipping) .. ... 58 G. 3, c. 88, s. 15 217 for the government of tlie Corporation of the East-India Company, vix:. — Chapter 1. Accounts ... ... ... ... ... 595 — 2. Buying, selling, hiring, and contracting ... ... 596 — 3. By-Laws ... ... ... ... ... lb. — 4. Cash ... ... ... ... ... ... 597 — 5. Committees ... ... ... ... ... 598 — G. Directors, officers, and servants ... ... ... ib. — 7. Elections ... ... ... ... ... GOO — 8. General Courts ... ... ... ... ... GOl — 9. Offices, salaries, pensions, and gratuities ... ... G02 — 10 Parliamentary papers and proceedings ... ... 603 — 11. Register of bonds and other instruments ... ... ib. — 12. Seal of the Company ... ... ... ... ib. Cadets. No more to be sent out than necessary to complete the establishments 33 G. 3, c. 52, s. 59 98 Age of Cadets not to be under fifteen or more than twenty-two years ; certifi- cate of age under hand of minister of the parish, or keeper of the register of baptisms, to be delivered ; if no register can be found, affidavit to be made; but Court may appoint any person who has been one year a commissioned officer in the service of the Crown, or in the militia, or fen- cibles, and hath been called into actual service, or from the company of Cadets in the royal regiment of artillery, whose age shall not exceed twenty-five years ... ... ... ... ... s. 60 ib. Calcutta (see Limits). Cai'ITai- Punisidikmt. Governor-general in Council not authorized to make laws inflicting death on natural-born European subjects of the Crown, or their children, without previous sanction of Court of Directors 3 & 4 IF. 4, c. 85, *- 4G 422 3 & 4 r. c. 37, s. 4G 512 Capitai, Stock (see Stock). Caiixatic. Nabobs of Arcot and Carnatic ; claims not to be prejudiced 3& 4 /r. 4, C.85, s. 18 415 Cash, Company not to keep, for others ... ... ... 7 G. 1, c. 5, s. 33 18 Cattle, killing or maiming {see Malicious Injuries to Property). Chaikman and Deputy CnAiuMAN (see Directors). Chaplain's of Chuuch of Scotland (see Ecclesiastical Establishment). CiiAKTEK. Account of those granted to the old East India-Company; vix. 9 Aug. 1683 12 April, 1G86 7 Oct. 1G93 13 April, 1698 1 1st ... 31 Dec. 1600 5th 2d ... 31 May, 1609 Gth 3d ... 3 April, 1661 7th 4t!i ... 5 Oct. 1667 8th 672 Charter — contlntied. I'ACE Grant of Charter to tlie English Company by Wm. 3, dated 5th Seplenibei-, 1698, extracts from ... ... ... ... ... 9. — 11 Charters of Justice for Supreme Courts at Calcutta ... ... 539 — — ... ... Madras ... ... 556 ... ... Bombay ... ... 569 for Recorder's Court of Prince of Wales's Island. .570 Child Stealixg, and Conceai.ixg biuth of Child {see Offences against the Person). Chixa. — From 22nd April, 1834, China and tea trade of Company exclusively with China to cease ... ... ... 3 & 4 FF. 4,c. 85, «. 3 411 Supra cargoes eligible to take and hold office in any presidency in India s. 113 438 trade with, opened ... ... 3 & 4 W. 4, c. 93, j. 1 & 2 439—440 Commission for protecting and promoting trade ; establishment of Court of Justice, with criminal and admiralty jurisdiction, for trial of offences committed by his Majesty's subjects ; and imjwsition of tonnage duty on vessels and goods, towards defraying expense of establishments s. 5 to 8 441 Provision with respect to actions ... ... ... s. 9 442 Civil Service. Civil servants under rank of members of Council to have precedence according to seniority of appointment, and promotion to be regulated by length of service ... ... ... S3 G. 3, c. 52, s. 56 97 Civil servants having departed from India with leave, who shall be allowed to return to the service after an absence of five years, to take rank and precedence according to seniority at the time of departure only, and on return to be placed innnediatcly below any servant who shall then have passed a greater or the like time in India that the restored servant had passed when he quitted it ... ... 53 G. 3, c. 155, *•. 85 182 No office exceeding in value £500 per annum to be conferred upon any servant who shall not have been resident three years antecedent to the vacancy ; appointments made contrary to provi.sions to be void 33 G. 3, e. 52, «. 57 97 Office exceeding £1,500 may be bestowed after four years ; £3,000 ... ... after seven years ; £4,000 (including Council) after ten years 53 G. 3, c. 155, A\ 82 181 Governor-general, or Governor in Council, on application in writing from any civil servant desirous of being appointed a member of any Court, Board, or other Establishment, may, by special order, direct tliat such servant shall take precedence at such Court, Board, or Establishment, according to seniority of appointment thereto, although such precedency may not be according to seniority of appointment in the service of the Company ... ... ... ... ... s. 86 182 No pLn-son to hold two or more offices, the united emoluments of which exceed tlie amount hmited ... ... 33 G. c. 52, i. 58 98 673 Civil Service — continued. I'ACE No more writers to he sent out than necessary to coiT)j)lete the estahhsh- nient ... ... ... ... ... ... s. 59 98 None to be sent out under fifteen years of age ... ... s. 60 ib. Nor above twenty-three years of age ... 7 IF. 4 & 1 V.c.lO,s.~i 47U Time spent at Company's Coegj in England after seventeen, provided two years at least be jiassed at College, to be reckoned, as to offices, places, and emoluments, as time spent in India 47 G. 3, scss. 2, c. 68, s. 7 1.50 And as to offices not exceeding of 1,500 per annum, time not more than two years after seventeen, notwithstanding less than two vears may liave been spent in the whole ... ... ... 10 G. 4, c. 16, s. '■2 i5!38 No person to be appointed a writer except after due entry and residence at the Company's College in England according to the rules, and on production of a certificate from the Principal 53 G. 3, c. 155, s. 46 173 Students having resided at Company's College the number of terms pre- scribed by rules to be framed by the Board, and producing certificate of conformity to rules under the hand of the Principal, may be appointed writers ... ... ... ... 1 & 2 F. c. 5^2, «. 2 471 Civil servants at Canton and Saint Helena capable of taking any office in any presidency or establishment to which they would have been eligible if civil servants of such presidency, during the same time as they may have been in the service of the Company ... 3 & 4 71'. 4, c. 85, .s. 113 438 All writers sent out between 10th April, 1834, and 10th April, 1839, after receiving certificate from Principal of College, to be deemed duly ap- pointed, although not having resided four terms 7 W. 4 & 1 V. c. 70, *. G 470 {See also Officers and Servants). C^i.EiiKs AXD Seuva.vts {see Larceny). Coffee {see Customs). Coin. Counterfeiting current coin ; felony, transportation for life or term of years, or by imprisonment ... ... ... 9 G. 4, c. 74, 6-. 73 324 Uttering counterfeit coin; on first and second offence, offender to be imj)risuned and find sureties for good behaviour; third offence, trans])ortation for life ... •.. ... ... ... ... ■<''. 74 ib. Having in possession more than five pieces of counterfeit coin without lawful excuse, punisliable witli fine or three montlis' imprisonment .v. ~~> 325 (See also Act of the Government of India No. 31 of 1839, in connection witii the above sections). 644 College, Company's, in England to I)e contiinied ... 53 G. 3, c. 155, y. 44 172 Bi>iiiop of London to exercise visitorial jurisdiction ... ... .v. 45 173 I'jstablislmient of officers and appointment of Piiiuipal (o be subject to approbation of tiie Board of Control ... ... ... .v. 1-7 174 And appointment of professors and teachers 3 & 4 W. 4, c. 85, .v. 108 437 Priiicipal and professors if benefici'd Clergymen, exempted from parochial residence ... ... ... ... .53 G'. 3, c. 155, ^. 48 174 4 11 674 College — continued. PAGE If appointed before passing of Act 1 & 2 Vic. cap. 106, and holding only one benefice ... ... ... ... 1 & 2 F. c. 106, s. 37 474 Fourfold system of nomination may be suspended by Court and Board " 7 ir. 4 & 1 V. c. 70, s. 1 469 i No person to be admitted a student whose age shall exceed twenty-one years s. 5 470 Board of Control to appoint examiners of candidates for admission to the College, and to make rules for examinations ; expenses not to exceed £500 in one year ; rules to be laid before Parliament (see Parliament) 7 IF. 4 & 1 F. c. 70, s. 2, 3, & 7 469, 470 Board of Control to make rules for the government of the College ; such rules to have no effect till approved by lier Majesty, by order in Council ; twenty-one days' notice to be given to the Court of Directors previously to their being submitted to her Majesty. 1 & 2 F. c. 22, s. 1 471 {See also Civil Service and Writers). Colleges and Semixaries abroad to be under control of the Board of Commis- sioners ... ... ... ... 53 G. 3, C.155, «. 42 172 Coiimakdee-in-Chief of the Forces in India, and Provincial Commanders-in-Chief, to be appointed by the Court of Directors ... 33 G. 3, c. 52, s. 25 86 • subject to approbation of the Crown ... 53 (?. 3, c. 155, *. 80 180 . Appointment to lapse to the Crown on default ... 33 G. 3, c. 52, s. 26 86 3 & 4 IF. 4, c. 85, s. 60 426 {Sie Crown, Directors, Governments of India generally, Governor-general and Council of Fort William, and Governor-general and Council of India). Commencement of Operation of Acts {see Acts). Commissioners, Board of (see Board). CojiMiTTEES (see Directors, Secret Committee, and By Laws). Company, Account of Charters granted to the Old East-India Company ... ... 1 The Islands of Bombay and St. Helena granted to them ... ... ib. English, trading to the East-Indies, incorporated by Charter from Wil- liam III. on 5th September, 1698, to have perpetual succession (Charter) 2 to use a common seal, w ith power to break, alter, and renew it from time to time ; to hold lands, purchase goods, demise land and goods, sue and be sued, &c., and to execute all other acts appertaining to them by 9 & 10 W. 3, c. 44, or otherwise ... ... ... ... ib. ib. to deliver yearly to the Privy Council, in tlie month of October, an account signed by two or more Directors, of English goods exported in the pre- ceding year, stating places, &c., from whence exported, and attested by the oath of the officer in charge of the books of entry ... ib. 3 to maintain ministers and provide for Divine service in every garrison or superior factory in India (see Ecclesiastical Establishment) ib. 4 to provide schoolmasters for like places (see Schoolmasters) ... ib. tb. to have twenty-four Directors ; which Directors, or thirteen or more of them, shall be called a Court (see Directors and General Court) ... ib. ib. 675 Company — cont'miied. PACE to Jiavc the government of all forts, factories, and plantations settled by or under them in the East-Indies; to appoint and remove at pleasure Governors and officers, who under their direction may raise military forces to defend such forts, Sec, the Sovereign right being always reserved {Charter.) 10 All admirals and other officers of the Crown to be assisting when rccjuired ib. ib- Cliarter to be construed in the most beneficial sense ; and Company to Iiave further reasonable powers and privileges from time to time ... ib. 11 Union with the old Comj)any under the title of the United Company of Merch;mts of England trading to the East-Indies... ... ib. ib. United, to borrow money only on their common seal, and not made payable in less than six months, with restrictions to prevent injury to the Bank 9 & 10 \V. 3, c. 41., .s. 75 15 Restricted from discounting bills of exchange, or any other bills or notes whatsoever ... ... ... 9 & 10 ir. 3, c. 44, s. 75 ib. 7 G. 1, c. 5, s. 33 18 not to keep any books or cash for others ... ... ... lb. ib. may ship stores, &c., free of duties, provided duties do not exceed ,£'300 in one year ... ... ... ... ... 7 C. 1, c. 21, «. 13 18 to continue a body politic, with all rights, &c., notwithstanding redemption of annuity ... ... ... ... 3 G. 2, c. 14, s. 7 19 to have benefit of all Acts or Charters in tlieir favour ... ib. s. 10 20 Corporation not to be determined, nor right to common trade to cease by determination of exclusive trade ... ... ... s. 12 21 33 G. 3, c. 52, s. 74 102 not to purchase lands, &c., exceeding <£'! 0,000 per aimum 3 G. 2, c. 14, A-. 14, a7id note 21 to retain rights, interests, powers, privileges, and authorities 13 G. 3, c. 63, 6-. 46 38 19 G. 3, 0. 61, s. 6 42 20 G. 3, c. 56, .V. 6 44 21 G.ii, c. do, s. 25 & 39 46 24 G. 3, c. 25, .y. 83 59 33 G. 3, r. 52, .v. 74 & 123 102 53 G. 3, c. 155, .V. 2 & 95 168 & 187 to be entitled for ever to all profits, privileges, Stc, given by former Acts and not varied ... ... ... ... 21 G. 3, c. 65, *. 4 45 33 G. 3, c. 52, *. 72 101 (For various grants in continuation of exclusive trade and territorial Possession and Government, see page 15.) to retain the (iovernment of India ... ... 3 &: 4 // . 4, c. 85, .v. 1 HO to iiold all real and personal property in trust for the Crown for the service of tile Government of India, discharged of all claims on jwrt of the Company, except for the dividend secured ... ... ... //'. to retain privileges, &c., given by 53 G. 3, c. 155, and other .^cts s. 2 411 4h 2 676 Company — cont'tnited. But exclusive riwht of trade with China, and of tradinc; in tea, to cease from 22ik1 April, 1834. 3 & 4 ir. 4, c. 85, i'. 3 411 4i2 41 f2 438 ib. to close tlieir commercial business with all speed after that date, and sell all property not retained for purposes of Government ... .?. 4 ib. ■ at sales of their own goods may sell jn-operty of other persons ... s. 5 ib. Sales to be under the control of the Board (see Board). )nav make compensation to persons affected by discontinuance of trade (see Officers and Servants). All the debts and expenses of the Company charged on revenues of India : no liability to attach to future effects of Company, nor to the dividend secured, nor to the Directors and Proprietors ... ... s. 9 But same suits and remedies against the Company to remain, and the property vested in the Company in trust to be subject to judgment and exe- cution ... ... ... ... ... s. 10 Dividends to be paid {see Stock). Expenses, (see Home Expenses). to be called the East-India Company ... ... ... s. Ill East-India, enactments compelling them to keep a stock of tea repealed s. 11 4 By-laws for the government of the Corporation of the East-India Company, (see By-laws). Comtaxy's Fokces (see Army.) CoxTiN'uiNG Bills. When bills for continuing expiring Acts do not pass before Act expires, such Acts shall be continued from expiration 48 G. 3, c. 10() CoKvicTs (see Criminal Justice — Transportation). CoiioNEEs may be appointed by Governor-general in Council and Governors in Council, and removed by same authority. Coroners to take oaths and to liave reasonable fees and allowances ... 33 G. 3, c. 52, s. 157 Authority and duty of, upon inquisitions for manslaughter or murder ... ... ... ... 9 G. 4, e. 74, s 5 • may be fined for offending ... ... ... s. 6 CoRi'oiiATioxs HOLDING Stock may vote in respect thereof at elections for Directors, and in all General Courts by Deputy under seal ... (Charter) 5 Deputy to make oath, such oath to be administered by two or more Directors of the Company, ... ... ... ... ib. 6 Council. (See Civil Service, Directors, Governments India generally. Governor-general and Council of Fort William, Governor-general and Council of India, Governments subordinate, Salaries). CouiiT OF DniECTons (see Directors). CoriiT OF ExcHF.QUEn (see Stock). Couirr OF EiiuixY (see Stock). Court General (see General Court). CoiRT FOR Relief of Insolvent Debtors (see Insolvent Debtors in India). Court of Jldicatlre for the trial of offences committed in India, (see Parliament) also 13 G. 3, c. 63, s. 42 c?- 43 37 24 G. 3, c. 25, s. 64 to 67 & 73 to 82 54 to 58 26 G. 3, c. 57, s. 1 to 28 60 to 71 151 111 309 ib. 677 CoLitT OF JrDicATL'RK AT FoiiT St. George to liave jurisdiction over all British subjects residing in certain places ... ^26 G. ti, c. 51, s. 150 72 C'ca'iiT OF Kixg's Bentii. Governors, &c., of plantations guilty of oppression, crimes, and offences towards British subjects may be tried in that Court, or by a conniiission, and ])unislied as for like ofi'ences committed at iiome ... ... ... ... 11 & 12 IF. 3, c. 12 IG Company's servants (Civil and Military) may be tried and punished in like uianner ... ... ... 10 G. 3, c. -iT, •« 4, 5, tj- 7 25 Manner of proceeding in, for prosecution of persons accused of extortion, or other misdemeanors in India ... 24 G. 3, c. 25, *•. G4, do 54 26 G. 3, c. 57, s. 15 to 26 66 to 70 may try offences committed by persons employed in any public service abroad ... ... ... ... 42 G. 3, c. 85, «. 1 140 may issue mandamus for examination of witnesses (see Mandamus). Courts Martial (seeArmy). Composition of marine general Courts-martial in Company's settlements, proceedings of Courts-martial, duration of Act 3 4- 4 V. c. 8, s. 6, 8, 67 495 Courts, Mayor's {see Court Supreme). Courts of Oyer and Terminer, and Gaol Delivery, and Courts of General or Quarter Sessions in any British settlements in India. All persons to be amenable to, for offences committed against any person in any part of Asia, Africa, and America, beyond the Cape of Good Hope to the Straits of Magellan ... ... 26 G. 3, c. 57, «. 29 72 Court of Requests, jurisdiction of, extended to eighty rupees 37 G. 3, c. 142, s. 30 125 Constitution, rules, forms of processes, &c., may be altered and reformed, and jurisdiction extendeil to amount not exceeding four hundred sicca rupees of local government ... 39 & 40 (i. 3, c. 79, s. 17 137 Court of Sudder Dewanny Adawi.ut, and Nizamut Adawlut, or otiier provincial Courts exercising highest jurisdiction, may execute j)rocess of arrest within towns of Calcutta, Madras, and Bombay, to be accompanied by translations thereof, or of substance to be signed by one of the Judges of the Court ... ... ... 53 G. 3, c. 155, i. 113 197 from 1st June, 1836, all persons amenable to, in civil proceedings. Acts of Government of India, No. 11 of 1836, a7id No. 3 of 1839, in Appendix. CouRi'. ]Ikctoms ; and where a party is a Maho. medan and the other Gentoo, by the laws and usages of the defendant .V. 17 ib. — — to respect rights and authorities of fathers and masters of faniiliis; atu done in consecpience of the rule and law of caste respecting members of families only, not to be adjudged crimes ... ... s. 18 ~A to liaine process and make rules and orders for tlie execution thereof, wliich are to l)e transmitted for the approval (if the Crown; previous rules and orders to be in o])eration until repealed or varietl s. 19 Is: "0 ili. 4 s 682 Court, Supreme, &c. — continued. FACE No action for wrong or injuries to lie against judicial officer in country Courts for any judgment, decree, or order of Court, nor against any person for any act done in virtue thereof ... ... 21 G. 3, c. 70, 5. 24 52 No rule or other process to be made or issued against such judicial officer or magistrate for any corrupt act without one month's notice within fifty miles of Calcutta, two months' beyond fifty, and three months'" beyond one hundred miles ... ... ... ... s. 25 ib. No magistrate liable, in such case, to arrest, nor to put in bail, until he shall have declined to answer, notice and service of process, by himself or attorney ... ... ... ... ... s. 26 ib. Transcripts of estreats of recognizances or fines, in cases of persons prose- cuted for offences in India, may be transmitted by Court of Exchequer in England to be filed and recorded in Courts in India, and process may thereupon issue against lands or goods in India 26 G. 3, c. 57, s. 27 70 Power and authority given by Charter of Justice to extend to the higli seas 33 G. 3, c. 52, s. 156 110 . to consist of a Chief Justice and two Puisne Judges 37 G. 3, c. 142, s. 1 119 Ketiring pensions of Judges {see Pensions). Salaries {see Salaries). where value of matter in dispute does not exceed one thousand pagodas, may direct deposition of witnesses to be reduced to writing or not *. 4 120 10,000 rupees fixed as the minimum for which an appeal will lie to the Privy Council from any Court in India ... ... ... ib. Jurisdiction of, extended to Benares, and to all provinces and districts there- after to be annexed to the Presidency of Fort William 39 & 40 G. 3, c. 79, s. 20 138 Administration of effects of persons dying intestate *. 21 & 22 138 — 139 {See Administration). Appeals to Privy Council {see Appeals). Insolvent Debtors {see Insolvent Debtors). Admiralty Jurisdiction {sec Admiralty). Letters Patent from the Crown dated 26th March, 1774, establishing a Supreme Court ... ... ... ... ... ... 539 Court, Supreme of Madras may be established by Charter, to consist of like number of persons with that of Fort William, to have civil, criminal, admiralty, and ecclesiastical jurisdiction, to be invested wth such powers, and subject to the same limitations, within territories subject to Presi- dency of Madras, as Supreme Court of Fort William within that Fort, and provinces of Bengal, Bahar, and Orissa 39 & 40 G. 3, c. 79, s. 2 134 Powers confirmed ... ... ... 4 G. 4, c. 71, *. 17 244 Governor and Council of Madras, and Governor-general of Fort William, to enjoy same exemption from authority of Supreme Court as enjoyed by Governor-general and Council of Fort William 39 & 40 G. 3, c. 79, .r. 3 135 — — Records of Mayor's Com-t, of Court of Oyer and Terminer, and of any 683 Court, Supreme, &c. — continued. rACK new Courts subsequently erected, to be delivered over to Supreme Court ... ... ... ... 39 & 40 G. 3, e 79 v. i 135 So much of Charter of Geo. 3, as relates to appointment of a Recorder, &c. to be void, and all powers a n dauthorities granted by 37 G. .3, c. 142, to Recorder's Court tocease with respect to that Court, but to be exercised by Supreme Court in manner and extent directed ... s. 5 ib. Salaries to be in lieu of all perquisites, (i-ee Salaries). ... s.l ib. Passage money to Chief Justice if resident in the United Kingdom at the time of his appointment, .£'1,200 to Puisne Judge £1,000 ... 53 G. 3, c. 155, s. 89 18-3 Retiring Pensions of Judges (.vt'e Pensions). Administration of effects of persons dying intestate {see Administration.) iisolvent Debtors {see Insolvent Debtors). Admiralty {see Admiralty). Ceded territories situate on the coast of Coromandel, or in the northern Cir- cars to be subject to its jurisdiction ... 6 G. 4, c. 85, .v. 20 265 Letters Patent from the Crown, dated the 2Gt]i December, 1800, establishing Supreme Court ... ... ... ... ... 556 Court, Suprf.mk of Bombay to be established, to consist of such and the like number of persons as the Supreme Court of Fort William ; to be named by the Crown, with the like civil, criminal, admiraltv, and ecclesiastical juris- dictio-i both as to Natives and Rritisli subjects, with sucli powers, authorities, privileges and immunities, and subject to the same limitations restrictions, and control, as the Supreme Court at Fort William ; Governor and Council of Bombay to enjoy such exemption from its authority as Governor-general and Council from authority of Supreme Court at Fort William ... 4 G. 4, c. 71, s. 7 to 17 242—244 Records of Courts previously existing to be delivered over to Supreme Court ... ... ... ... ... ... A-. 8 243 So much Charter of Geo. 3, as relates to appointment of a Recorder, &c., to be void, and all powers and authorities granted by 37 G. 3, c. 142, to Recorder's Court to cease with respect to that Court, but to l>e exer- cised by Supreme Court, in manner antl extent directed ... v. 9 243 Salaries of Judges to be in lieu of all fees (*ee Salaries) ... .v. 11 ih. And to cease on leaving India ... ... ... ,9.13 244 Passage money to Chief Justice, if resilient in United Kingdom at time of appointment, £1,200 to Puisne Judge, IM, 000 ... ... ... ... v. 12 243 lietiring Pension of .Judges (.fee Pensions). Administration of effects of persons dying intestate (jcc Administration). Insolvent Debtors (xce Insolvent Debtors). Admiralty {see Admiralty). Letters Patent from the Crown, diilrd the 8th December, 1833, establishing Supreme Court ... ... ... ... ... .IGO C ouRT OF .luuiCATURE at Princc of \Vales' Island, Singapore, and Malacca. Passage money to Recorder £1,000 ... 53 G. 3, c. 155, j. 89 185 4s 2 6S4 Court of Judicature, &c. — continued. PACE — — Pension to Recorder not to be granted until after five years' residence 66 G. 4, c. 85, s. 7 262 No larger pension than £500 per annum to be granted to Recorder unlcs- lie shall iiave resided in India as such for seven years, nor if he shall have so resided for seven years, any larger sum than £650 per annum, unless he shall have resided in India as Recorder for ten years, nor if he sliall have so resided for ten years any larger allowance than dPl,000 per annum ... ... ... ... ... s. 13 263 Time of Recorder appointed Chief Justice or Judge in Supreme Courts in India to be reckoned at a certain rate ... ... .s\ 14 ib. Provision for administration of Justice at Singapore and jVIalacca .?. 19 264 Admiralty jurisdiction as exercised by Supreme Court at Fort William may be extended to his Majesty's Court of Judicature of Prince of Wales' Island, &c. ; warrants for Letters Patent to he countersigned by Presi- dent of Board of Control ... 6 & 7 W. 4, c. 53, s. 1 & 2 462 Letters Patent from tlie Crown, dated the 27th November, 1826 ... 570 establishing Recorder's Court CiUiMiN'Ai. Justice in India. Act to come into operation from the 1st March, 1829 9 G. 4, c. 74, s. 1 308 Duties of Justices of the Peace with respect to admitting to bail, or connnit- tal of persons cliarged with felony ... ... *. 2 to 3 308, 309 On charges of misdemeanor ... ... ... j. 4 & 40 309,316 Duties of Coroner on inquisitions taken before him for manslaughter, or mur- der, or as accessory to murder before the fact .. ... s. 5 309 Penalty on Justices and Coroners offending . ••• ••• s. 6 ih. Duties of Justices in regard to summary proceedings s. 41 & 50 317, 319 Accessory before the fact may be tried as such, or as a substantive felon, by any Court having jurisdiction to try the principal felon, althougli oflf'ence be committed on the seas, or abroad ; if the offence be committed in different places, accessory may be tried in any of the King's Courts in India having jurisdiction ... ... ... ... s. '7 310 Accessory after the fact may be tried by any Court which has jurisdiction to try the principal felon ; if offence be committed in different places, acces- sory may be tried in King's Courts in India having jurisdiction s. 8 ib. Accessory, either before or after the fact, may be prosecuted after conviction of principal, though the principal be not attainted ... s. 9 ib. In indictments for offences on the property of partners, it may be laid in any one partner by name, and others ... ... ... i. 10 311 Indictment not to abate by plea of misnomer ... ... .9.11 ib What defects shall not vitiate an indictment, after verdict or otherwise ,?. 12 ih, What shall not be sufficient to stay or reverse judgment after verdict s. 13 ih- Pica of not guilty by pjirty arraigned upon indictment for treason, felonv, or jjiracy, shall put prisoner on his trial by jury ... a-. 14 ib. If he refus3 to plead. Court may order plea of not guilty to be entered s. 15 312 Every peremptory challenge beyond legal number to be void, and trial to ■ proceed as if no such challenge had been made ... ... *. 16 ib. 685 Citi.MiNAi. Justice, &c. — continued. PACK No pica setting fortli any attainder shall be |)leadf(l in bar of iiulictnient, unless offence stated in plea be substantially the same as that in indict- ment ... ... ... ... 9 G. 4, f. 74, *. IT 312 .Iinv not to in([iiire concerning prisoner's lands, tenements, or goods, nor whether he fled for such treason or felony ... ... *. 18 ih. 15enefit of Clergv with respect to persons convicted of fclonv abolished v. 19 )l>. No person to sutler death, unless for some felony, excluded from benefit of Clergy before day fixed for Act coming into operation, or which shall be made punishable with death by this Actor some other afterwards passed s. yO Ih. Felonies, not capital, to be punished under the Acts, if any, relating thereto, otherwise under this Act ... ... ... ... *. 21 ///. Court may order hard labour or solitary confinement, as part of sentence of imprisonment ... ... ... ... ... v. 22 ///. If a j)erson under sentence for another crime is convicted of fclonv, Court may pass a second sentence, to commence after the expiration of the first *. 23 313 Punishment and form of indictment for a subsequent felony ; what sufficient proof of first conviction ; punishment for signing or altering false certi- ficate of conviction ... ... ... ... J. 24 ill. Admiralty offences upon every first and subsequent conviction, sidjject to same punishment, whether of death or otherwise, as if conmiittedon land .*. 2.3 ih. llule for interpreting all criminal Statutes ... ... ... .v. 26 ih. Court may abstain from pronouncing sentence of death on persons convicted of any felonies, except murder, if of opinion that the case does not require that judgment should be pronounced, but that offender shoulil be recom- mended to the royal mercy, or be transported ... ... .v. 27 .'514 {See also Act of Government of India, No VII. of 1837, in Appendix). Ilecord of .Judgment to have same effect as if actually pronounced in open Court, and offender reprieved ... ... ... s. 28 ih. Court may order capital off'entlers to be transported, instead of being left for execution ... ... ... i.. ... f. 2i) ih. Governor in Council or other olficer to take order for due performance of sentence of transportation ; l)ut no Native of India to be transported to Eastern Coast of New South Wales, or any of the Islands adjacent thereto ... ... ... ... ... ... s. .30 (7;. • Persons returning from transportation into Company's territories or the United Kingdom before the end of term, liable on conviction, to be punishi'd as a person attainted of felony, and to suffer death accordingly ; Crown may extend mercy ... ... ... ... s. 31 ih. Party whose name is forged to any deed, writing, or instrument, &c., sliall be a competent witness in supjiort of prosecution, notwithstanding he may have an interest in such deeil, &c. ... ... .v. 32 31.') • I'lflet t of free or conditional pardon on a convict ... ... .v. W.i ih. {See also Act of Government of India, No. \1I. of 1837, in A|)pendiN). 6S6 Criminal Justice, &c. — continued. Punishment for felony, after endured, to be equivalent to pardon under the Great Seal ... ... ... 9 G. 4, c. 74, s. 34 315 — No misdemeanor (except perjury or subornation of perjury) shall render a party an incompetent witness after punishment ... ... s. S5 ib. (See aho Act of Government of India, No. XIX. of 1837, in Appendix). — Affirmations of Quakers or Moravians to be admitted in all cases instead of oath ; Natives objecting to oath on ground of religious scruple, to make affirmation or declaration ; persons required to take oath on Holy Evangelists, in order to sit as Members of any Court, or for any other purpose, may be sworn according to forms of their resjjective religions s. 36 & 37 315, 316 — — In felonies, principals in the second degree and accessories before the fact, and accessories after the fact, (except receivers), may be imprisoned two years; in misdemeanors, aiders punishable as principals ... s. 3S 316 Aiders to offences punishable on summary convictions, punishable as princi- pals ... ... •" ... ••• ... s. 39 ib. — — Apprehension of offenders caught in the fact ; Justices may grant search warrants ... ... ... ... ... s. 40 ib. I Supreme Courts may apply fines towards reasonable costs of prosecuting offences, or of compensating prosecutors, upon motion in open Court ; but not to prevent Justices of the Peace from making such allowances for costs and compensation to prosecutors as before this Act they might lawfully have done ... ... ... ... ... 4-. 52 319 {See also Coin, Larceny, MaUcious Injuries to Property, Offences against the Person. — Acts of Government of India, No. XXXI. of 1838, in Appendix). Crown, sovereign right, power, and dominion over forts, factories, and plantations in East- Indies, &c., reserved to ... ... ... {Charter). 10 rights reserved ... ... ... ... 19 G. 3, c. 61, s. 6 42 20 G. 3, c. m, s. 6 44 21 G. 3, c. Go, s. 39 46 33 G. 3,c. 52, *. 123 10 53 G. 3, c. 1.55, i. 95 187 may by Charter or Letters Patent establish a Supreme Court of Judicature at Calcutta ... ... ... 13 G. 3, c. 63, 6. 13 29 at Madras ... ... 39 & 40 G. 3, c. 79, .s. 2 134 at Bombay ... ... 4 G. 4, c. 71, s. 7 242 may by Letters Patent under the great seal, or in any other lawful manner, make provision for the administration of Justice in Civil, Criminal, Ecclesiastical, and Admiralty matters, at Singapore and Malacca 6 G. 4, c. 85, s. 19 264 The process for trials between Natives, framed by Supreme Court, and rules for Provincial Courts framed by Governor-general, &c., to be approved by the Crown ... ... 21 G. 3, c. 70, J-. 19, 20 & 23 51 Rules established by Supreme Courts in India with respect to qualification. 687 CuowN — continued. I-AGE appointment, &c., of jurors, to be laid before his Majesty for apjiroval W. 4, c. 37, s. 2 272 (Sec Courts of Judicature.) may by Letter Patent or a Commission appoint a Board of Commissioners for tiie Affairs of India ... ... ... 33 G. 3, c. 52, a. 2 79 may constitute the Board by Commission under the great seal, and all pre- vious provisions and enactments not repealed, or repugnant to 3 & 4 W. 4, c. 85, to be applicable to the Commissioners so nominated 8 & 4 ir. 4, c. 85, s. 19 415 (See Board of Commissioners.) may by Letters Patent establisii one Bishopric for the whole of the British territories in the East-Indies ; and one Archdeaconry for each of the Presidencies of Bengal, Madras and Bombay 53 G. 3, c. 155, *. 49 174 may also erect Bishopi-ics of Madras and Bombay 3 & 4 W. 4, c. 85, *. 89 '133 (.S't'e Ecclesiastical Establishment). Approval of the Crown required to the appointment of Governor-general, Governors, Commanders-in-Chief, and the fourth ordinary Member of the Council of India ... ... ... 53 G, 3, c. 155, *. 80, 180 3 & 4 fV. c. 85, s. 40, 42, 58 & 75 421, 425, 430 Provisional appointment to the offices of Governor-general, Governor of a Presidency, and fourth ordinary Member of Council of India, to be subject to approval of the Crown ... 3 & 4 JV. 4, c. 85, s. 61 42G If the Court of Directors neglect to appoint to vacancies in India for two months after receiving notification thereof, the King may appoint, and the party so appointed shall be subject to recal only by his Majesty 33 G. 3, c. 52, s. 26 86 3 & 4 W. 4, c. 85, *. 60 426 His IMajesty, by sign manual, countersigned by the President of the Board, may remove or recal persons in India ; and vacate or make void any appointments or commissions there ; such appointments, &c. to cease at file time expressed in the said writing ; a duplicate of the instrument for removal, attested by the President of the Board, to be delivered to the Ciiairs within eight da^'s after the signature thereof 33 G. 3, r. 52, ,v. 35 89 3 & 4 W. 4, c. 85, i-. 74 429 by Order in Council, may regulate- trade and connnerce of Britisli possessions on continent of Europe, Africa, or witiiin limits of Company's Charter, &c. ... ... ... ... 3 & 4 IF. 4, r. 59, *. 81 407 — — The Queen empowered to make Articles of War for Company's forces, &c. (see Army). Customs. In regard to ships arriving from the British possessions in India, the servant of the Company delivering the last des])atches of such ship sliall be tlie proper officer to authenticate tiie manifest 3 & 4 // . 4, c. 52, .v. 4 371 No abatement of duty to be made on coffee, tobacco, pepper, and certain otiier articles, on account of damage ... ... ... .9.32 ili. Sugar from British possessions within limits of Charti'i-, ci-rtiiicate of origin to be furnished ... ... ... ... ... j. 38 372 3 & 4 JV. 4, c. 59, *. 83 408 688 Customs — continued. No goods to be deemed imported from any place except imported direct 3 & 4 W. 4, c. £2, .V. 48 But goods the produce of places witiiin the limits of the Charter, having been imported into Malta or Gibraltar from those places in British ships, upon subsequent importation into tiie United Kingdom, to be liable to same duties as if imported direct 3 & 4 If^. 4, c. 56, s. 10 ^^— Goods absolutely prohibited to be imported ... 3 & 4 JV. 4, c. 52, s. 58 — Goods subject to certain restrictions on importation ... s. 58 Goods imported contrary to prohibitions or restrictions to be forfeited ib. . Certain prohibited goods may be warehoused for exportation only s. 59 Definition of terms used in the Act ... ... ... *. 119 Malta to be deemed in Europe ... ... ... j. 120 Tonnage to be according to certificate of registry 399 372 373 374 ib. ib. 375 ib. ib. 376 478 377 .V. 127 Name of master of British ship to be inserted in certificate of registry .v. 128 Produce of Asia how to be imported ... 3 &: 4 IF. 4, c. 54, s. 3 & 4 1 & 2 V. c. 113, .1. 30 Manufactured goods the same as produce ... 3 & 4 JV. 4, c. 54, s. 5 No exportation from United Kingdom to Asia, nor goods carried from any British possession in Asia to any other Britisli possession, nor from one part of any British possession to another part, except in British ships ; no importations into British possessions in Asia, except in Britisli ships, or in siiips of the country of which the goods are the produce, and from which they are imported (see America) ... ... *. 7, 10, 11 Provisions for importation for warehouseing, forfeitures, &c. *. 21, 23, 23 Goods may be warehoused upon first entry, without payment of duty " 3 & 4 W. 4, c. 56, i: 8 United Kingdom, table of duties inwards ... ... ... 399 to 404 Notes on table ... ... ... ... ... 404—405 British possessions in America, table of prohibitions and restrictions 3 & 4 IF. 4. C.59, s. 7 Table of duties on importation into British possessions in America *. 9 The King by Order in Council empowered to regulate trade and commerce of British possessions on continent of Europe, Africa, or within limits of Company's Charter, &c. ... ... ... ... *. 81 Table of duties to be levied on goods imported into the Colony of the Cape of Good Hope by order in Council, 10th August, 1840 407- ib. 379 399 405 4(;6 407 United Kingdom, duties on tea on coffee -408 3 & 4 IF. 4, c. 101 442 to 444 5 & 6 IF. 4, c. 32 453 5 & 6 IF. 4, c. 66, i. 1 & 2 458 1 & 2 F. c. 113, s. 24 478 6 & 7 IF. 4, c. 26, s. 1, 3 ^ 6 459 to 461 7 IF. 4 & 1 F. c. 27, s.lioS 464—465 1 & 2 F. c. 33, *. 1 ^ 3 472 1 & 2 F. c. 113, s. 18 477 2 & 3 F. c. 21 479 3 & 4 F c. 23 497 (See also Act of Government of India No. 32 of 1836, No. 16 of 1837, and No. 15 of 1839, in Appendix). C89 C usTOMs — continued. Im])ortation of spirits ... ... ... 6 & 7 IF. 4, c, GO, a. 4 4C!J Tonnage of vessels, &c. ... ... ... ... ... *•. 5 464 ■ British possessions in West-Indies and Mauritius — importation into, of East-India coffee ... ... ... 1 & 2 I', c. 113, .v. !24 478 An additional duty of JP5 per cent, levied on the amount of all Custom and Excise duties, except spirits, corn, and post horses, from 15th May, 1840 ... ... ^ &:4 F. c. 17, v.l 496 Additional duty of £5 per cent, levied by above Act on timber, to cease from 25th June, 1840, and in lieu thereof to pay a duty of Iv. 6rf. on tlie load containing fifty cubic feet ... ... 3 Sc 4 F. c. 19 497 An additional duty to be levied from IStli May, 1840, of 4rf. per gallon upon all spirits imported into the United Kingdom 3 & 4 F. c. 17, v. 2 496 Regulations imposing transit and town duties in tlie interior, and fixing rates of import and export duty on sea goods repealed from 1st June, 1836, except as regards the Jumna, or any frontier line, and duties on Western salts. (Act of Government of India No. 14 of 1836, in Ap[)endix) ... ... ... ... .... ... 609 Bombay. (Act of Government of India No. 1 of 1838, in Appendix) ... 622 CusTour. Provisions of 21 Jac. 1, c. 12, extended to all persons Jiolding public employ- ment in or out of the United Kingdom, having authority to commit persons to custody ... .. ... 42 G. 3, c. 85, i. 6 142 Debt, Bond. Account of the origin and progress of the debt (.sre Bonds and Bontl Debt). ... ... ... ... ... ... 115—116 Dkdt, India 'I'ehritorial, transfer of, in England, subject to stamp dutv of £1 10*-. 5 & 6 /;'."4, c. 64, .S-.5 457 contracted by Company in East-Indies, and transfeiTed to England for pay- ment, may be re-transferred to India, there to bear interest at the Indian rate ... 52 G. 3, c. 121 165 Desertkus (sec Army). ])i HECTORS, Twenty-four to be appointed ... ... ... {Charter) 4 Tliirteen or more to be called a " Court of the Directors'" ... ih. Ui. to order, manage, and direct the affairs of the Company ... V>. ih. to have certain powers and privileges ... ... ... ih. ih. to assemble General Courts to supply vacancies in tlie number of Directors ih. 5 to administer oath to persons voting at elections ... ... ///. 6 No jierson to be a Director but natural horn subjects of I'lnglaiul, or natu- rali/cd ... ... ... ... ... ... //'. ih. to hold each in his own name, or in his own right, and for his own use, £2,000 stock ; dis(|uali(ied on jiarting with or reducing such amount ih. ih. autiiori/cd to administer, according to a prescribed form, an oath to lluir agents or servants ... ... ... ... ... ih. ih. refusing or neglecting to take the ap|)ointed oath or declaration within liu days after election ; or to take ofiice, the same to he declared \aeaiit ih. t!i. (Sec 33 G. 3, c. 52, s. 160, p. 112). 4 T G90 DiKECTOEs — coyitiniied. rAGE to summon four General Courts in every year — one in December, one in March, one in June, and one in September ... {Charter) 7 In default of which any three Directors may summon a General Court to be held in the month next coming after that in which the same should have been held ... ... ... ... ... ih. ib. to summon a General Court on demand of nine or more Proprietors, holding each £500 stock, within ten days after such demand ... ib. ib- may be displaced by General Court for misdemeanor, or abuse of office, and others be elected ... ... ... ... ... ib. ib. Vacancies to be supplied in General Courts ... ... ... ib. ib. or any thirteen to meet from time to time, and hold Courts at convenient times and places, for the direction and management of the affiiirs and business of the Company ... ... ... ... ib. ib. - to summon General Courts as often as tliey shall see cause ... ib. 8 to act according to the By-Laws given them by the General Court ib. ib- ■ ■ in default of By-Laws, or other rules, to direct and manage all the affairs and business of the Company ... ... ... ... ib. ib. to appoint and remove servants ; allow and pay such reasonable salaries and allowances as they may judge necessary for the well ordering and managing of the Company's aflf'airs ; and enjoy all powers, authorities, and privileges, acts and things in relation to tiie Company, as fully as if done by the whole Companj', or General Court, subject to restrictions of Acts of Parliament and Charter ... ... ... ib. ib. — ^— on equality of votes in any Court or General Court determination to be by lot (see Lot) ... ... ... ... ... ib. 10 may order business to be done by Sub-committee, or by other persons ap- pointed imder them ... ... ... ... ... ib. ib. Governor, Deputy-governor, or Directors of the Bank of England, not eli- gible ; and Directors of the United Company incapable of being elected Governor, Deputy-governor, or Director of the Bank d Anne, c. 7 17 Same provision as to South-Sea Company ... ... d Anne, c. 21 ib- Six to be chosen annually in place of those whose time shall have expired, and who are to be incapable of being then re-chosen ; to continue in office four years ; Directors chosen to supply vacancies by death or other cause to serve during remainder of term for which the person whose office shall become vacant was chosen, and no longer 13 G. 3, c. 63, s. 1 26 Collusive transfers of stock to qualify voters at elections, and all securities affecting them, void ; persons voting by virtue of collusive transfer and afterwards re-transferring stock to forfeit £1,000 ... s. 3 26,27 Qualification of voters .sPLOOO or more stock entitles to 1 vote, i'SjOOO ... ... 2 votes, =C6,000 ... ... 3 votes, .flOjOOO ... ... 4 votes; stock to be in his possession twelve calendar months in his own right, not in trust, and free from incumbrance ; excepting acquired by bequest, marriage, or succession to any intestate's estate, custom of City of 691 DiRECTOKS —cont'mued. PAGE London, or deed of settlement after the death of any person entitled for life to the dividends of stock ... 13 G. 3, c. 63, s. 2> h ^ 27 — — Oath or affirmation to he taken by Proprietors previous to voting ; and persons committing perjury liable to penalties ... ... s.G 28 Election to taiie place annually on the second Wednesday in April 17 G. 3, c. 8, s. 1 39 Term of office to expire in all cases on the second Wednesday in April s. 2 ib. At every election of Directors, Proprietors residing in the United Kingdom may vote by letter of attorney, oath or affirmation being made before Justice of Peace ... ... ... 3 Sc 4 IF. -i, c. 85, i. 27 417 Repeal of restriction in 13 Geo. 3, c. 63, which prevents the election of any civil or military servant as a Director until he shall have been resident in England for two years ; but such person shall not be chosen for two years after return, if his accounts shall be unsettled, or if any charge against him shall be undecided by Court of Directors. 3 & 4 JV. 4, c. 85, s. 28 ib. to fill up vacancies in office of Governor-general of FortWilliani, Members of Council there. Governor of Fort Saint George and Uombay and jMem- bers of Council at those Presidencies ; Governors of Forts and Garri- sons of Fort William, Fort Saint George, Bombay, Commander-in- chief of all the forces in India or provincial Commander-in-chief 33 G. 3, c. 52, i'. 25 86 subject to the approbation of the Crown as respects Governors and Com- manders-in-chief, to be signified in writing under royal sign manual, countersigned by President of Board of Control 53 G. 3, c. 155, s. 80 180 . to appoint three ordinary Members of the Council of India absolutely, and the fourth ordinary Member subject to the approbation of the Crown 3 & 4 W. 4, c. 85, A'. 40 421 to (ill uj) vacancies in the office of Governor-general of India subject to the approbation of the Crown ... ... ... ... a-. 42 ib. to fill up vacancies in office of Governor in subordinate Presidencies, subject to approbation of the Crown... ... ... ... a-. 58 425 neglecting to malce appointment for two calendar months, the Crown may ajipoint ; and person so appointed to be liable to recall only by tiie Crown ... ... ... ... 83 G. 3, c. 52, A. 26 86 3 & 4 W. 4, c. 85, A-. 60 426 may make j)rovisional appointments subject to any event or contingency 33 G. 3, c. 52, A'. 27 87 3 & 4 W. 4, c. 85, s. 61 426 subject, in respect of offices of Governor-general in India, Governor of a Presidency, and fourtli ordinary Member of Council of India to llie apj)roi)ationof the Crown ... ... 3 & 4 //'. 4, c. 85, a. 61 426 (iSVe Crown and Provisional Ajipointments). may remove any officers or servants, exeej)t those ap]iointed by the Crown 33 G. 3, c. 52, A. 36 SO 53 G. 3, c. 155, A-. 80 180 3}ic 4 /r. 4, c. 85, 5.75 }30 4t 2 692 Dii!i:cTORs — continued. with approbation of the Board, may suspend the power of t!ie Governor-general of Fort William to act upon his own authority, and revive the same ... ... ... 33 G. 3, c. 52, *. oo 9T to lay before Parliament yearly certain accounts ... s. 126 103 {See Parliament). ... ... 8 & 4 W. 4. c. 85, s. 116 439 to take prescribed oath within ten days after election and befoi-e taking office, save administering the oath — oath to be signed by person taking- it ; to be administered by two Directors, who are to sign and attest it — on neglect to take oath within jirescribed term, office to be void 33 G. 3, c. .32, *•. 160 112 Year and title of Act .53 G. 3, c. 155, to be inserted instead of that of tlie 33G. 3,c.52 ... 53 G. 3, e. 155, A-. 76 179 to frame regulations for trade of friendly nations with India {see Trade, external) ... ... ... 37 G. 3, c. 117,s. 1 & 3 118,119 to make reports twice a-year to Secretary of State and Commander-in-cliicf of number of men raised, and all acts done under an " Act for better Recruiting the Forces of the East-India Company. '' 89G.3, c. 109. s. 21 131 may declare from time to time what parts of territorial ])ossessions and establishments shall be subject to respective Presidencies with consent of Board ... ... ... 39 & 40 G. 3, c. 79, s. 1 134 S& 4 rf: 4, c. 85, A-.38 420 to give or withhold sanction of duties levied in India {see Duties) 53 G. 3, c. 155, A-. 25 169 Equality of votes in Court to be taken as a rejection of the motion, except in cases of election to office or place where there shall be more than one candidate, which are still to be determined by lot {see Lot) 53 G. 3, c. 155, s. 77 179 not to appoint to any office in India without the approbation of the Board, saving as to offices excepted by previous sections, appointing abso- lutely or provisionally any Member of Council, General Officer on the Staff, Advocate and Attorney-general, Attorney-at-law of the Company, Chaplains, or to any office in the civil or marine establishment which have usually been supplied by persons not covenanted servants, and of writers, cadets, and assistant-surgeons in the accustomed manner 53 G. 3, c. 155, J. 8] 180 Kestoration of officers and servants {see Army, Company's, and Officers and Servants). to cause publication in Londoyi Gassette of Administration, Accounts of Registrars of Courts in India; Adjudication, &c., in cases of Insolvency in India, &c. {see Administration, and Insolvent Debtors in India). Subject to priority of charge for payment of dividends, and of amount for constituting security fund, may, with the consent of the Board, apply revenues and monies to the service of the Government of India, and to the ]):iyment of charges in such order as the Court, under the control of 693 DiRECTous — co7itimied. rxGr the Board may direct, anything in any other Act to the contrary not- withstanding ... ... ... 3 &4 IF. 4, f. 83, .V. 17 41."; if Court, wit!) consent of Hoard, sliall declare tliat any person having held civil or military office ahroad has unsettled accounts with tiie ('ompany, or that a charge against him is untler consideration, such person not to be capable of being elected a Director for two years after his return, iniless his accounts be settled, or the charge determined at earlier ]ieriod s. iiH 417 to frame estimates of Home Espences (see Home Expences). subject to ap])n)bation of the Board, to make rules for the procedure of the Governor-general of India in Council, which are to prescribe the mode of promulgating and authenticating Acts and proceedings, and which rules, when approved, shall have force of law ... «. 47 422 {See also Parliament). Law Commission (see Law Commission). iii'iy» nnder control of Board, suspend appointment of Councils in any Presi- dency, or reduce the number of counsellors ... ... 6'. 57 42.5 (See also Governments subordinate). to make regulations, with the approbation of the Board, for distribution of patronage in India ... ... ... ... s. 78 4f31 to take into consideration drafts of laws respecting slavery transmitted by Governor-general in Council, and communicate instructions thereon s. 88 433 {See also Board of Commissioners). By Laws relative to ... ... ... ... ... ... ,59] Dividends (See Security Fund and Stock) ... ... ... ... ... 14 DivoRCK. Upon petition to Parliament of any party praying a Bill of divorce. Speaker of eitiicr House may issue his warrant to the Judges of tlie Supreme Courts in India for the examination of witnesses; examinations to be certified and two copies transmitted ; Judges may ask further questions and require further witnesses to be produced ; proceedings not to be discontinued by prorogation of Parliament 1 G. 4, c. 101, s.\ to i 230, 2.31 D()G-srK.\i,TX(; {see I>arccny). DuTiiis imposed in India upon export, imj)ort, or transit of goods not to be valid until sanctioned by the Court, with the approbation of the Board ; sanction and approbation to be signified in public despatches, describing regula- tions by title at full length ; regulations, when proniulgateil in India, to contain mention of sanction and approbation ; such mention to be evidence in Courts of Justice ... ... .53 <7. 3, r. 1.55, .v. 2.> 1(59 and Customs may be imj)osed on ])laces and jiersons within jurisdiction of Courts established by Boyal Charter, under the sanction of Court of Directors and Board of Control ; laws and regulations may be made, and lines, ])enalties, and forfeitures for non-jxiynient imposed : such laws to be noticed, without being specially pleaded, in Courts established by Royal Charter, and proceedings for cnforc'ng them to be had thereon A-. 98, 99 188, 189 . t'-jwer of levying duties upon all persons and in respect of all goods, and all laws and regulations, fines, and |)enalties previously made and imposeil. 694 Duties — continued. confirmed; all orders to remain in force; all persons concerned in advising. or acting under such orders indemnified ; all actions and suits touching the levy of such duties to be void, except as to costs ; but no person indemnified for acts done without authority, or contrary to meaning of orders intended to be confirmed ... 54 G. 3, c. 105, «. 1, 2 200 Eastern Settlements. Singapore and Malacca transferred to the East-India Com- pany ... ... ... 5 G. 4, c. 108, *. 1 252 Provision may be made by the Crown for administration of justice in Singa- pore and Malacca ... ... ••• 6 G. 4, (". 85, *. 19 264 Singapore and Malacca annexed to Prince of Wales' Island ... *. 21 265 to be under such Presidency as Court of Directors, with approbation of Board, may determine, or to form a separate Settlement ... ib. ib. (See also Act of the Government of India, No. 20 of 1837, in Appendix, fixing the law by which the succession to immoveable pro- perty either by inheritance or testamentary disjwsition is to be regulated in future, and giving it retrospective effect. Proviso in respect to pro- perty so acquired or sold) ... ... ... ... ... 621 East-India Company (see Company). Ecclesiastical Establishment. Company to maintain a Minister in every gar- rison or superior factory ; such Minister to be approved by the Arch- bishop of Canterbury or the Bishop of London, and to be treated with all due respect ... ... ... ... (Charter) 4 . Ministers to learn the Portuguese and Native language of the country wliere they shall reside, the better to enable them to instruct the Natives in the Protestant religion ... ... ... ... ••• ib. ib. A Bishopric (Calcutta) and three Archdeaconries for the Presidencies of Bengal, Madras and Bombay respectively, to be erected by Letters Patent 53 G. 3, c. 155, s. 49 174 Salary of the Bishop fixed at £5,000 per annum, at an exchange of 2s. the Bengal current rupee ... ... ... ... *■ 49 175 No Archdeacon to receive in respect of his Archdeaconry any salary exceeding 3,000 sicca rupees per annum ... 3 & 4 JV. 4, c. 85, s. 101 435 Salaries to commence on taking office, and to cease when functions cease 53 G. 3, c. 155, s. 50 175 Bishop to have no jurisdiction but as limited by Letters Patent. Crown may grant such jurisdiction in the East-Indies as thought necessary s. 31 & 52 ib. Warrant relating to Bishops and Archdeacons to be countersigned by Pre- sident of Board ... ... ... ... ... s. 5'3 lb. Passage -money to the Bishop, if resident in Europe, =£'1,200 ... s. 89 185 Archdeacons, =P500 ... ... ... ib. ib. House to be provided for the Bishop of Calcutta : sum for the purpose to be defined by the Directors with approbation of the Board 4 G. 4, c. 71, s. 5 241 Visitation expences of the Bishop of Calcutta to be defrayed by Company : C95 Ecclesiastical Establishmext — C07itmu$d. PACE amount to be fixed by Court of Directors with approbation of Board 4G. 4, c.71,j. 5 241 Bishop of Calcutta may admit persons to lioly orders for cure of souls within liis diocese only ; persijns ordained, unless British subjects or belonging to the United Kingdom of Great Britain and Ireland, not required to take oaths and subscriptions required in England ... ... j. 6 ib. Pension to the Bishop of Calcutta after ten years' service in that office, £1,500 per annum ... ... ... ... 4 G.4, c. 71, s. 3 240 Bishop relinquishing his see from iUness or infirmity, after five years'' exer- cise of his office may receive a pension of dP750 per annum ; and after seven years' exercise oCl,000 per annum 6 G. 4, c. 85, s. 15 264 Itesignation under ten j'ears'service for other cause than illness or infirm ity to be proved to the satisfaction of the Crown, not to entitle to pension s. 16 ib. Bishop of Calcutta to be Metropolitan, sidiject to general superintendence of Archbishop of Canterbury ; Bishops of Madras and Bombay to be sub- ject to Bishop of Calcutta, and take oath of obedience 3 & 4 W. 4, c. 85, «. 94 434 The King empowered to erect two additional Bishoprics, to be called Bishoj)- rics of Madras and Bombay ... ... 3 & 4 IF. 4, c. 8.5, s. 89 433 To be paid out of those territories respectively, 24,000 Sicca rupees by tlie year (see Salaries) ... ... ... ... ... s. 89 ib. Jurisdiction of Bishops of Madras and Bombay to be determined by Letters Patent from the Crown ... ... ... ... «. 92 434 Passage-money to Bishops, if resident in United Kingdom at time of appointment, 1*500 each ... ... ... ... *. 91 ib. Pensions to Bishops of Madras and Bombay after exercising office for fifteen years, £800 per annum each (.see Pensions) ... ... s. 96 435 . Visitation expenses of Bishops of Madras and Bombay to be provided for by the Company ; sum to be fixed by Court of Directors, with the appro- bation of the Board ... ... ... ... s. 100 ib. No Archdeacon hereafter appointed to receive in respect of his Archdeaconry any salary exceeding 3,000 Sicca rupees per annum ... s. 101 ib. Bishops of Madras and Bombay to be subject to Bishop of Calcutta, and to take oath of obedience ... ... ... ... s. 94 434 Limits of tile three dioceses to be determined by the Crown s. 93 ib. Warrant for bills for Letters Patent respecting Indian Bishoprics to be coun- tersigned by the President of the Board of Control ... *•. 95 ib. On anv l)ers()n under the degree of a Bishop, resident in In ib. Oath or affirmation of qualification (according to a prescribed form), to be taken by Proprietors before voting ... ... ... s.6 28 Persons committing perjury, or suborning others to do so, subject to penalties ... ... ... ... ... ih. ib. of Directors to take place annually on the second Wednesday in April 17G.3, c. 8, 5. 1 39 At every election of Directors, Proprietors residing in the United Kingdom may vole by letter of attorney, oath or affimation being made before Justice of Peace ; making false oath or affirmation, or procuring such to be made, to subject offender to penalties provided against perjury and subornation of perjury ... ... 3 & 4 ^F. 4, c. 85, a. 27 417 Repeal of restriction in 13 G. 3, c. 63, which prevents the election of any civil or military servant as a Director, until he shall have been resident in England for two years ; but such person shall not be chosen for two years after return, if his accounts shall be unsettled, or if any charge against him shall be undecided by Court of Directors ... s. 28 ib. By-Laws relative to ... ... ... ..• ... ... 600 697 Estates, real, of deceased persons vitliin jurisdiction of Supreme Courts in India to be deemed assets in the liands of executors for tlie payment of debts whether by sjK'ciality or simple contract ... ... 9 G. i, c. ii'.i, s. I 276 Executors or administrators may sell such real Estate for payment of del;ts, and convey and assure the same estate to purchaser ... .v. '.i 277 In actions for debts against executors, &c. they may be charged witli full amount of real Estate, not exceeding the actual net proceeds wiicn sold by the Sheriff, as assets in their hands ... ... s. ',i Hi. In actions against executors, &c., Courts may order writs of sequestration and execution against houses, lands, and real effects of testator, in liand of executors ... ... ... ... ... .v. -!■ Ih Conveyances and assurances of Estates by executors and administrators shall be deemed valid ... ... ... ... ... x.5. ih. Act not to alter the legal quality or tenure of Estates... ... *. 6". ih. Extorting Money {see Larceny). Factous on Agents, having goods or merchandize in their possession, shall be deemed to be tiie true owners, so as to give validity to contracts with persons dealing hondjidc upon the faith of such property A- G. 4, c. 83, s. 1 3.50 6 G. 4, c. 94, s. 1 267 Persons in possession of bills of lading, S:c., to be deemed the owner, so far as to give validity to contracts thereafter to be made with parties for tlie sale of goods, &c. ... ... ... ... i. 2 26iS Noj)erson to acquire a security upon goods, &c., in the hands of an agent for an antecedent debt beyond the amount of tlie agent's interest in tlie goods ... ... ... ... ... ... s.'d ih. Persons may contract with known agents in the ordinary course of business, or otherwise, if within the agent's authority ... ... a-. 4 ih. Persons may accept and take goods, &:c., in pledge from known agents : but in that case shall actpiire no further interest than was possessed by agent at tlie time of such pledge ... ... 4 G. 4, c. 83, a- 2 251 6 G. 4, c. 94, .V r, '.69 Act not to [irevent the right of the true owner to follow his goods while in the hands of his agent or assignee, in case of bankruptcy, or to recover from a third jierson ujion paving his advances secured upon them ; in case of bankruptcy of factor the owner of goods so pleilged and redeemed, shall be held to have discharged pro tatito the debt due from him to bankrupt ... ... ... 4 G. 4, c. 83, s. 3 IWI 6 G. 4, c. 94, .V. 6 269 I'laudukntl V I'lcdging the goods of their ])rincipals to be deemed guilty of a mixlemcanor ; liable on conviction to transportation, or such other ])iuiishnRiit as the Court shall adjudge •" ... .v. 7 270 .\ct not to 1)0 construed to extend to cases in which the agent has not made the goods a security for any sum beyond the I'Xtent of his own lien ; acceptance of bills by agent not to create a lien so as to excuse the pkdg.-, unless such bill shall be paiil when due ... .v. 8 ih. 4 V 698 Factors or Agents — continued. TAGZ Act not to extend to partners, society or firm, not being accessory or privy to the oflence ... ... ... 6 G. -i c. 9-i, j. 9 270 And not to lessen any remedy at law or equity which the party aggrieved may be entitled to adopt ... ... ... j. 10 ib. Fees not to be taken by Governor-general and Council, Chief Justice or Judges of the Supreme Court at Calcutta ... 13 G. 3, c. 63, «. 22 St 23 32 Counsellors, Physicians, Surgeons and Chaplains may take professional fees *. 25—32 33 G. 3, c. 52, s. 64. 100 Coroners appointed by Governors-General in Coimcil and Governor in Coun- cil to have and be entitled to such reasonable fees and allowances for the performance of their duties as shall be prescribed by the respective Governments ... ... ... 33 G. 3, c. 52, *. 157 111 (See a/40 Presents). Felony (see Criminal Justice in India). Fines, mode of recovery from property in the East-Indies (see Court Supreme of Fort William). FiKE Aems, provisions for proving barrels not to extend to any for the use of the Company's forces ... ... ... 53 G. 3, c. 115, s.H 166 55 G. 3, c. 59, s. 5 201 Forces of the Crown and or the Company (see Army). Foreign Enlistment Act not to extend to persons entering the service of any Prince or State in Asia under the authority of the Government of Fort William ... ... 59 G. 3, c. 69, s. 12 221 Foreign Trade (see Trade, external). Forgery. Parties personating the owner of any Public Stock, or certain other stocks, and endeavouring to transfer or receive dividends, guUty of felony and to be punished by transportation for life, or for any term not less than seven years, or imprisonment not exceeding four, nor less than two years ... ... ... 11 G. 4 & 1 IF. 4, c. 66, s. 7 349 Forging the attestation to any power of attorney for transfer of Stock, &c., transportation for seven years, or imprisonment for any term not exceed- ing two years, nor less than one year ... ... ... *. 8 ib. Forging a deed, bond, receipt for money or goods, or an accountable receipt, or an order for delivery of goods, transportation for seven years, or im- prisonment for any term not exceeding four or less than two years s. 10 ib. Principals in the second degree, and accessories before the fact punishable with death or otherwise, in the same manner as principal in the first de- gree. Accessories after the fact by imprisonment not exceeding two years ... ... ... ... ... .,, s. 25 350 — — Court may order hard labour or solitary confinement for offences against Act ... ... ... ... ... ... s. 26 ib. Offences committed witliin Admiralty jurisdiction to be determined in same manner as any other offence committed within that jurisdiction s. 2? ib. Rule of interpretation as to criminal possession, and as to parties intended to be defrauded ... ... ... ... ... s. 28 ib Act not to extend to Scotland or Ireland ... ... s. 29 ib. 699 Fougery — continued. PAGE But to apply to the forginn; or altering in England documents purporting to be made, or actually madeout in England, and to the forging or uttering in England, bills of exchange, promissory notes, bonds, &c., purporting to be payable out of England ... 11 G. 4 & 6 ]V. 4, c. 61, «. 30 350 ^— Counterfeiting written instruments, &c., for conveyance or transfer of land stock in public funds, or Companies, or for securing payment of money under any will, bond, &c., felony, punishable by transportation for life, or term of years, or by imprisonment ... 9 (r. 4, c. 74, s. 72 324 Counterfeiting, erasing, altering, or falsifying licences or certificates, or attested copies, punishable with fine and iniprisoimicnt s. 16 325 Persons hereafter convicted of crimes punishable with death, under Act 11 G. 4, & 1 W. 4, c. 66, shall not suffer death, but shall be transported for Hfe ... ... 2 & 3 IF. 4, c. 123, s. 1 k 3 363, 364 Freight, rate of, for specie and treasure conveyed on board his Majesty's ships may be fixed by the Crown ; all bargains concerning freight to be void 59 G. 3, c. 25 219 In January, 1838, the Lords of the Admiralty determined that the rate for conveying Company's treasure should be the same as that paid for the transfer of treasure belonging to the British Government FuxD, Security (see Security Fund). General Couet, Members of the Company may assemble at any convenient place {Charter) 5 ~ — For the choice of Directors ... ... ... ... /^. /{,. for making By-Laws, ordinances, rules, &c. for the government of tiie Com- pany, or for any other business or affairs concerning the same i/j. ib. When assembled to be called a General Court ... ... ib. ib. Corporations holding stock may vote in respect thereof at election of Di- rectors in General Courts by deputy under conmion seal ; oath to be taken and administered by two or more Directors {see Corporations) ib. 5, 6 to be assembled to supply vacancies in the number of Directors ... ib. 5 to l)e assembled yearly in December, March, June, and September ib. 7 if not duly held by default of Directors, any three Directors may summon a General Court to be held in the month next coming after that in wliicli the same should have been held ... ... ... ib. ib, to bo sunnnoned by Directors, on the demand of nine or more Proprietors, each holding .£.'500 stock, within ten days after such demand ib. ib. if not sunnnoned on sucii demand tlie nine members may summon upon ten days' notice, to be fixed upon the Royal Exchange; tiic Court so sum- moned may dispatch any liusiness, hear and determine any coniplaiiit against a Director or Directors, ami if the accused sliouid not clear him- self of complaint another General Court may be helil within ten days, in which the odender may be removed for misdemeanor or abusi', and otiiers elected in ])lace ... ... ... ... ... ih. ib. ■ may make By-Laws, inflict reasonable ])enalties aiul punishments, levy fines 4 u 2 700 Gkxeral CoiruT — continued. PACE to the use of the Company ; such By-Laws not being repugnant to law, anil to be confirmed and approved according to Statute (^Charter) 8 to determine by lot in certain cases where votes are equal (see Lot) ih. 10 Ballot upon any question not to take place in less than eight hours after the breaking up of the Court ; and to be begun not later than twelve o'clock at noon, nor closed at an earlier hour than six o'clock in the afternoon 7 G. 3, c. 49, s. 3 23 Ballot not to take place in less than twenty-four hours after the adjourn- ment of the Court in which the question to be ballotted originated 10 G. 3, c. 47, A\ 3 23, 24 No Proprietor to vote in respect of stock amounting to less than =£"1,000, nor until possessed twelve calendar months in his own right, not in trust, and free from incumbrance; excepting stock acquired by bequest, marriage, succession to any intestate's estate, custom of City of London, or by deed of settlement after the death of any person entitled for life to the dividends of stock ... ... 13 G'. 3, c. 63, s. 3 &7 Proprietor of £3,000 stock entitled to give two votes, £6,000 three votes, and £10,000 four votes ; oath or affirmation prescribed by section 6 being altered in sucli manner as shall be necessary to compi-ise such right of voting ... ... ... ... ... *. 4 ib. At every election of Directors and every ballot, Proprietors to make oath or affirmation of qualification, according to prescribed form, before voting s.d 28 Persons committing perjurv or suborning others to do so liable to penalties ih. ih. At every election of Directors, Proprietors residing in the United Kingdom may vote by letter of attorney, oath or affirmation being made before Justice of Peace ; making false oath or affirmation, or procuring such to be made, to subject offenders to penalties provided against perjury and subornation of perjury ... ... 3 & 4 W^. 4, f. 85, *. 27 417 Letter of attorney for voting for Directors exempted from Stamp duty 5 & 6 W. 4, r.64, 5. (i 458 Not to rescind, suspend, revoke, or vary any order of Court of Directors touching civil or military government, or revenues of India, after it has been approved by the Commissioners for affairs of India 33 G. 3, c. 52, s. 23 86 not to revoke or vary regulations respecting trade of friendly nations with India (see Trade external) ... ... 37 G. 3, c. 117, s. 3. 110 Equality of votes to be taken as a rejection of the motion (*ee Lot and Votes) 53 G. 3, c. 155, *. 77 179 By-Laws relative to ... ... ... ... ... ... 601 (ii;Ni;uAi. SociETV. Incorporation of, recited ... ... ... ... 1 to be incorporated ... ... ... 9 & 10 IF. 3, c. 44, s. 62 13 Gifts (.see Presents). GovEKN.MEXTs, India, generally. May address despatches to the Secret Committee of the Court of Directors (*ee Secret Committee) 33 G. 3, c. 52, s. 22 85 Provisional appointments {see Directors and Provisional Appointments). Office of Governor-general, or Governor becon)ing vacant, and no successor 701 Governments, India, kc. — continued. being on the spot, Councillor next in rank to execute oflice ; if Council Board be reduced to one Member besides Governor-general or Governor, the latter may call a senior merchant to be a temporary Member ; actiii" officers to be entitled to emoluments and advantages of offices, the acting Governor-general, or Governor, foregoing for the time his salary as Councillor ... ... ... ... 33 G. 3, c. 52, .s. 29 87 3 & 4 W. 4, c. 85, *. 62, (53 426 (See also Governments Subordinate, and Governor-general and Council of India.) Commander-in-chief, although a Member of Council, not to succeed to tem- porary government unless provisionally appointed 33 G. 3, c. 52, s. 30 88 Vacancies in Council, when no successor on the spot, to lie supplied by the Governor-general in Council from among the senior merchants ; persons thus appointed to have powers and emoluTiients till tlie arrival of a suc- cessor duly appointed ... ... ... 33 G. 3, c. 52, ,f. 31 ib. {See also Governor-general and Council of India.) Vacancies to be supplied by Governor-general in Council, or Governor in Council, but temporary Members of Council, wlien drawing salary of that office, to forego their own, and no person to be appointed tempora- rily who might not have been appointed to supply tlie vacancy 3 & 4 W. 4, c. 85, *. 64 427 Commander-in-chief may be appointed Meniber of Council to take rank next to Governor-general or Governor ; but not entitled to any salary in respect of seat in Council, unless specially granted 33 O. 3, c. 52, .V. 32 88 (See also Governor-general and Council of Fort William.) Connnander-in-chief of all the Forces, when resident at Fort St. George and Bombay, to be a Member of Council there, and if the Provincial Com- mander-in-chief, have a seat in Council, he may continue to sit and deliberate, but not to vote ... ... ... .?•. 33 if'. If Member of Council incapable of acting or absent from Presidencv, Gover- nor-general or Governor may call provisional successor, or senior mer- chant, to assist for tiiat turn, but such occasional Councillor not to receive salary nor vacate office ... 33 G. 3, c. 52, .v. 34 89 Resignation and departure of Officers (see Officers and Servants). //;. Councils to consider in (irst place matters proposed by Governor-general or Governor; competent to Governor-general or Governor to adjourn dis- cussion for not more than forty-eight hours; no matter to be adjourned more tlian twice, without the consent of Councillor who proposed it .s\ .'i.S 90 Proceedings to be expressed to Ik? made by the Governor-general in Council, or Governor in Council ... ... ... ... .v. 39 91 To be signed hy Chief Secretary, or Principal Secretary of dei)artment 63G.3, c. 155, S.79 179 In case of difrcrence of opinion between Governor-general and Council, or between Governor and Council, on any matter essentially allecling the interest of the Company, or the safety and traiujuillity <>! the British 702 Governments, India, &c. — continued. Government, the grounds and reasons of their respective opinions to be stated in writing, exchanged and recorded in secret consultations ; if difference continue. Governor-general or Governor may make order with- out the concurrence of the Council, which being duly signed, shall be valid and effectual, and all Officers are required to obey it 33 G. 3, e. 59,, s. 47 94 Governor-general or Governor to be alone responsible for any order recorded without concvu-rence of any other Member of Council ... «. 48 95 -—' But no power given to Governor-general or Governor to make any order by their sole authority, which could not have been lawfully made by Gov ernor-aeneral or Governor in Council ... ... s. 49 ib. No person on whom office of Governor-general or Governor may devolve by death or resignation, nor any Deputy Governor-general or Governor, to have discretionary power of acting without the concurrence of Council, unless provisionally appointed to succeed, or unless and until confirmed in office ... ..• ... -.. ••• ... s. 50 ib. Discretionarv power of Governor-general or Governor not to extend to judi- cial matters, nor to making or repealing any regulation of Government, nor to imposing any tax or duty ... ... ... s. 5\ 96 No Governor-general, Governor, or Member of Council to be concerned in trade ... «. 137 104 ■ Governor- general, Governor, or Member of Council trading for his own benefit, declared to be a misdemeanor 3 & 4 JF". 4, c. 85, s. 76 430 ■ may appoint and remove Coroners (see Coroners) 33 G. 3, c. 52, s. 157 111 Limits of Presidencies (see Directors) ... . 39 & 40 G. 3, c. 79 s. 1 134 On intended absence from Council of Governor-general or Governor being signified, senior Member present to preside, with same powers as Governor-general or Governor, but no act of Council to be valid, unless signed by the Governor-general or Governor, if not prevented by indis- position ; if Governor-general or Governor, not being so prevented, refuse or decline to sign acts of Council, grounds and reason of difference to be exchanged by Governor-general or Governor and Members of Council, subject to such regulations and ultimate responsibility as directed in S3 G. 3, c. 52, s. 47 to 51; nothing Jiowever to prevent Governor- general, when absent from Bengal, nominating a Vice-President, and Deputy-Governor of Fort William .., ... ... j. 12 136 may establish Banks {.see Banks). — — Duties on Goods (*ee Duties). may remove subjects of Foreign States (*ee Residence). may suspend proceedings of any Court-Martial, which may at any time be held within the respective Presidencies 3 & 4 F. c. 37, s. 27 507 Goverxou-Generai, and Council of Fort William to superintend and control the subordinate Governments of INIadras and Bombay ; these latter to obey their orders, and not to commence hostilities, declare or make war or peace with Native Powers, without the approbation of the Governor- 703 Governor-general and Council, Sjc. — continued. TACE general, Scc, except in cases of ininnnent necessity, or where they shall have received special orders from the Court of Directors 13 G. 3, c. G3, s. 9 28 to obey all such orders as they shall receive from the Court of Directors ; to correspond from time to time, and to transmit to the Court an exact particular of all that relates to the government, revenues, or interests of tlie Company ... ... ... ... ... ih, 29 may make and issue such rules, ordinances and regulations (not being repug- nant to the las of thi r^xlm) fjr tli.^ gJ^d os'd er of Fort William and its subordinates as shall be deemed just and reasonable; and may inflict fines, kc, for the breach or non-observance of them ... s. 36 34 to be Justices of the Peace (see Justices of the Peace) ... ... *. 38 35 not subject to proceedings of Supremo Court {see Court Supreme of Fort William). liable to prosecution and suit in Great Britain ... 21 G. 3, c. 70, *. 4 48 (For motle of proceeding, see Supremo Court of Fort William.) No prosecution or suit to be carried on against the Governor-general or Member of Council, before any Court in Great Britain (except the High Court of Parliament) unless commenced within five years after offence committed, or five years after arrival of accused party in England x. 7 49 or some Committee thereof, or appointed thereby, may determine on ap- peals from Provincial Courts in civil causes; judgment to bo final and conclusive except upon aj)j)eal to tlie Crown in civil suits of a cer- tain value; to hear and determine on all offences committed in collecting the revenue, &c., and to inflict jmnishmont not extending to death, maiming, or perpetual imprisonment ... ... ... s. 21, 22 51 to frame resiulations for Provincial Courts and Councils to be transmitted within six months to the Court of Directors, whicii regulations the Crown may approve or disallow ; if not disallowed within two years to be of force and authority, provided no new expence to suitors be produced thereby ... ... ... ... ... ... s. 23 ill. to superintend, control, and direct Governors of Fort St. George aiil Bom- bay, and all other Governments erected by the Company 33 a. 3, c. 52, s: 40 91 in transmittins orders to subordinate Presidencies, shall transmit dates of last orders received from Court of Directors or Secret Committee : on receipt from subordinate Presidencies of orders from Court or Secret Committee, to give such further orders as may be judged necessary s. 41 il>, not to declare war, nor commence hostilities, nor enter into any treaty for making war, nor guaranteeing possessions (exco|)t liostilities bo com- menced, or in preparation against the British nation, its dependants or allies) without authority of the Court of Directors or the Secret Com- mittee ; nor to declare war, conmience hostilities, nor enter into treaty for the purj)ose against any Prince or State not actually committing hos- tilities, or making preparations for committing them ; not to guarantee 704 GovERNOR-oEXiiRAL AND CouNciL, &c. — continued. FACE possessions of Prince or State, but upon consideration of receiving actual assistance against hostilities; and in all cases of hostilities commenced, or treaty made, communication to be made to the Court of Directors or Secret Committee by the most expeditious means, with full information and motives and reasons at large ... 33 G. 3, c. 52, x. 42 92 may, upon reasonable grounds, secure persons suspected of carrying on illicit correspondence dangerous to the peace and safety of the British posses- sions ; may commit such persons to custody ; accused party to be per- mitted to make defence and call witnesses who, as well as the witnesses in support of thechai'ge, are to be examined and cross-examined on oath, in presence of the accused, and depositions and examination taken down in writing; jiarties may be detained till brought to trial in India or sent to England ; and all examinations and proceedings, or copies to be sent to Court of Directors, under judicial seal, by first despatches; party if departed to England to be sent by first convenient opportunity, unless disabled by illness ; examination and proceedings transcribed to be received in evidence in all Courts of law, subject to just exceptions as to competency of witnesses ... ... ... ... *. 45 93 Governor-general having occasion to be absent from Bengal, may nominate IVIember of Council, Vice-president and Deputy-governor of Fort Wil- liam ; Government to be exercised by im and Council in manner of \ Governments of Fort St. George and Bombay ... ... ,v. 53 96 | Governor-general while absent from Bengal, may issue orders to Govern- ments, or to officers and servants, without previously communicating the same to Governments ; which orders are to be obeyed and have the same force as if made by Governor-general in Council at Fort William ; Gover- nor-general alone responsible for orders made on his sole authority ; to transmit to respective Governments, by first opportunity, copies of orders to officers and servants, with reasons, and to Court of Directors copies of all orders whatever, also with reasons ... ... j. 54 ih. may by commission issued under seal of the Supreme Court of Judicature appoint Justices of the Peace; Supreme Court to supersede conunission and issue new ones on requisition of Governor-general in Council {see Justices of the Peace) ... ... 33 G. 3, c. 52, s. 151 307 Regulations {see Regulations). When offices of Governor-general and Connnander-in-chief of all the ibrces in India may be vested in the same person, the Commander of the forces on the Bengal establishment may be appointed a Member of the Supreme Council, to have rank next to Governor-general, but not to succeed to government on. vacancy unless provisionally appointed ; vacancy to be supplied by the Councillor next in rank to the Commander of the forces ; to be subject to recall by the same persons, and in the same manner, and to have the same powers, franchises, and authorities as Member of Council, as if appointed thereto as Commander-in-chief of all the forces in India ... 45 G. 3, c. 36, *. 1 & 3 146,147 . Imposition of duties {see Duties). 705 GovERxoR-GENEEAL, Scc. — continued. rACE Governor-general ami Members of Council of Fort William on 22il April, 1834', to be Governor-general and Members of Couiuil of Indin 3 &, 4 W. 4, c. 8o, .V. 4.1 421 ' A\D Council ok India. Superintendence, direction, and control of the whole Civil and Military Government of India vested in Governor- general of India in Council ... ... ... i'. ,39 ib. To be four ordinary IVIembers of Council — three to be appointed by the Court of Directors from among such persons as are, or iiave been in the ser- vice of the Company, each of whom shall have been in the service ten years ; if in military service, not to iiold any command, or be employed in actual military duties, during continuance in office ; fourth ordinary Member to be a person not previously in the service of the Company, to be appointed also by the Court of Directors, but subject to the appro- bation of the Crown ; such fourth ordinai-y Member not to sit or vote in Council, except at meetings for making laws and regulations ; Com- mander-in-chief of forces in India, or C'ominander-in-cliief of forces on Bengal Establishment, may be appointed Extraordinary Member, to take rank next after Governor-general ... ... ... 6". 40 ib. to have power to make, repeal, and alter laws and regulations for all persons, British, Native, and Foreign, — for all Courts whether established by Royal Charter or otherwise, and for all places and things in every part of the territories under the government of the Company, and for all servants of the Company within the dominions of Princes and States in alliance therewith; but not to repeal or vary Act 3 & 4^\'. 4, c. 85, nor ]\Iutiny Acts eitlier for forces of the Crown or of the Company, nor any Act subsequently to be jjassed affecting the Company's territories or inhai)itants, nor any laws affecting the prerogative of the Crown or authority of Parliament, or constitution and rights of the Company ; or unwritten law or constitution of Great Britain and Ireland, whereon may depend allegiance to the Crown or its sovereignty over the territories of India ... ... ... ... ... ... ,v. 43 ib. to repeal laws and regulations disallowed by the Court of Directors, but wiiile unrepealed such laws and regulations to have same force and effect as an Act of Parliament ; registration or publication in any Court of Justice not necessary; no law giving power to any Court of Justice, except those established by lloyal Charter, to sentence to death any of ills Majesty's European subjects, or their children, nor which shall abn- lish any Court to be established by lloyal Charter, to be made without previous sanction of CoiM't of Directors ... ,v. 44, 45, 4() 422 • Rules for discharge of functions (.s-ec Directors and Parliament) s. 47 ib. Presence of Governor-general and three ordinary Mend)ers of Council neces- sary to make laws and regulations ; for otlii-r functions presence of Governor-general and one ordinary Member sullicieiit ; in case of c(puility of votes, tlie (io\ crnor-geiieral to have casting voto .?. 4S ib. Where Governor-general may differ IVoni majority of Council nn any i|ues- ti )n wlere safety, tranquillity or interests of Ihitisli possessions may ]:e 4 X 70G Govervok-ge>;eral and Council of India — continued. PASE affected, exchange in writing, of grounds and reasons, of tlieir opinions, to take place, to be recorded on secret consultations ; if difference still continue. Governor-general may act on his own authority and responsi- bility ... ... ... ... 3 & 4 rr. 4, c. 85, *. 49 423 {See Governments, India, generally 33 G. 3, c. 52, s. 47 to 49 94, 95 Council may assemble at any place in India ; if within Subordinate Presi- dencies the Governor of such Presidency to act as extraordinary Member 3 & 4 W. 4, c. 85, s. 50 423 Enactments, &c. relating to Governor-general of Fort William in Council, and Governor-general of Fort William alone to be applicable to the Gover- nor-general of India in Council, and Governor-general of India alone respectively ... ... ... ... ... s. 52 ib. to take into consideration opinions of Law Commissioners, and transmit them with opinions and resolutions to Court of Directors ... j. 54 424 {See also Law Commission and Parliament.) On vacancy in office of Governor-general of India occurring when no succes- sor on the spot, ordinary Member of Council next in rank to hold and execute office till arrival or appointment of a successor, and while acting to exercise all rights and powers, and to receive emoluments, foregoing his own ... ... ... ... j. 62 426 - On vacancy in office of Members of Council and no successor on the spot. Governors-general to make temporary appointment ; person appointed to have all powers, and be entitled to all emoluments of office, foregoing those of his own ; but no person to be appointed temporary JNIember who might not have been appointed to fill the vacancy ... s. 64 427 to control civil and military administration of subordinate Presidence s i' 65 ib. to take into consideration drafts of laws from subordinate Governments and communicate resolutions thereon ... ... ... s. GQ ib. may appoint an ordinary Member of Council as Deputy-governor of Fort William, who may exercise all powers and duties, but receive no addi- tional salary ... ... ... ... ... j. 69 428 {See also Governor-general and Council of Fort William.) Whenever Governor-general sliall be about to visit any part of India without Council, such Governoi-general may nominate some Member of Council, President, in whom during absence of Governor-general his powers in assemblies of Council shall be reposed ; and Governor-general alone may be authorized by law to exercise all or any of the powers of Governor- general in Council, except that of making laws or regulations ; during absence of Governor-general no law to be made without his assent in writing ... ... ... ... ... *. 70 428 {See also Act of Government of India, No. 26 of 1837, in Appendix) 622 ■ to take into consideration means of mitigating and extinguishing slavery, and to prepare and transmit to Court of Directors drafts of laws for the purpose, due regard being had to laws of marriage, and rights and authorities of fathers and heads of families; no such laws to be 707 GovERNOR-GENEKAL AND CouNciL OF India — Continued. TAQt promulgated or put into force without previous sanction of the Court of Directors {see also Parliament) ... 3 & 4 fF. 4, c. 85, s. 88 433 — — Governor-general, Vice-president, and Members of Council, and^^all persons acting under their autliority, indemnified for acts done between 22nd April, 1834, and 1st January, 1835, not in accordance with the law, and are declared valid ... 5 & (> JV. 4, e. 6, v. 1 & 2 450—451 (See Act of Government of India in Appendix, No. 1 of 1834) 607 Governor-general in Council may appoint servant of ten years' service to be Lieutenant-governor of north-western provinces, and limit extent of territories and of authority ... ... 5 & JV. 4, c. 52, s. 2 453 Governor-general of India in Council empowered to'make laws and regulations for securing discipline and punishing offences in the Indian Navy, as fully as he may make other laws under Act 3 Sc 4 W. 4, c. 85, s. 43. Such laws if disallowed by Court of Directors, under control of the Board of Commissioners, to be forthwith repealed ; but while unrepealed to have same force and effect as an Act of Parliament ; registration or publication in Court of Justice unnecessary. No law giving power to any Court of Justice, except those established by Royal Charter, to sentence to death any of her Majesty's European subjects or their children, to be made without the previous sanction of the Court of Directors 3 & 4 F. c. 37, s. 43 to 46 511—512 {See aha 3 & 4 W. 4, c. 85, s. 43 to 46, pages 421—422) ■ Acts passed by Governor-general of India in Council, and printed in this collection : No. 1 of 1834, confirming Acts done between 22nd April and 14th November, 18.34 ... ... ... ... 607 2 — Secretaries to Government ... ... ... ib. 4 of 1835, Justices of the Peace ... ... ... id. 4 of 1836, Insolvent Debtors in the East-Indies ... ... 608 8&24— Judicial offices ... ... ... ?7>. & 616 11 — .Jurisdiction of Company's Courts ... ... ib. 14 — Customs, IJetigal ... ... ... ... 609 28 — Town Assessment, Madras ... ... ... 616 32 — Prohibition of Importation of Sugar into territories subject to Presidency of Fort Wilham ... ... 617 No. 1 of 1837, Justices of the Peace ... ... ... 619 4 — Holding of Land ... ... ... ... 620 7 — Power of Court establisheil by Royal Charter in case of convict recommended for free pardon . . . /f>. 9 — Innnoveable ])r()perty of Parsees ... ... /''. 16 — Customs, Bengal ... ... ... ... 621 19 — Competency of Witnesses ... ... ... il>. 20 — Immoveable property in eastern settlements ... ifi. 26 — Absence of Ciovernor in north-western provinces ... ()22 1 of 1838, Customs, Bombay ... ... ... •■. «';. 31 — Criminal Justice ... ... ... ... 635 4x2 703 GovEi!xoK-Gi:xERAL, &:c. — continued. PACE No. 32 of 1838, Justices of the Peace ... ... ... ... 641 3 of 1839, Jurisdiction of Revenue Courts and Courts of MoonsifF iJi. 15 — Prohibition of importation of sugar into territories subject to Presidency of Fort Saint George . . . G42 31 — Coin ... ... ... ... ... 644 5 of 1840, Oaths and Declarations of Hindoos and Mahomedans 645 Governments, Subordinate, to obey the orders of the Governor-general in Council of Fort William, touching the commencement of hostilities, declaration of wai% or the making of peace with the Native Princes ; these several Acts not to be committed by the Subordinate Governments, except in cases of imminent necessity, or where they shall have received special orders from home ; parties ort'ending in any of such cases liable to be suspended from his or their office, by the order of the Governor-general in Council 13 G. 3, c. 63, i. 9 29 not to make war or peace, nor conclude a treaty, except in cases of emergency or danger, but under orders from the Governor-general in Council of Fort William, or Court of Directors, or Secret Committee ; everj- treaty, if possible, to contain a clause subjecting it to ratification or rejection by Governor-general in Council of Fort William ; to obey orders of Governor-general in Council concemine; such matters : in case of refusal or neglect, Governors, Councillors, and other Officers, to be liable to be removed or suspended by Governor-general in Council, and sent to England, and to be subject to such further pains and penalties as shall be provided by law ... ... ... 33 G. 3, c. 22, s. 43 93 — ■ to transmit to Supreme Government advice and intelligence of all transactions and matters relating to the government, revenues, or interests of the Company ... ... ... ... 13 G. 3, c. 63, .y. 9 29 33 G. 3, c. 52, s. 44 93 3 & 4 W. 4, c. 85, s. 68 428 to liave the same powers with regard to suspected persons as Governor- general and Governor-general in Council {which see) 33 G. 3, c. 52, s. 46 94 Governors and Members of Council to be Justices of the Peace (see Justice of the Peace). niav appoint Justices of the Peace {see Justice of the Peace). Executive Governments of Presidencies to be administered by a Governor and three Councillors, having same rights and voices, and observing same course and order in their proceedings as previously observed at Fort St. George and Bombay ; Governor-general of India for the time being to be Governor of Fort William ... 3 & 4 W. 4, c. 85, s. 5^ 425 Council mav be suspended, revoked, or reduced in number, by Court of Directors ... ... ... ... ... a\ 57 ib- When Council suspended at any Presidency, Government to be administered by Governor alone ... ... ... .. *. 57 ib. Governors on 22nd April, 1834, to continue in office ... j. 58 ib. — — When Council suspended or none appointed, Governors of Presidencies to possess rights, powers, duties, functions, and immunities, previously 709 GovKKNMEMTs, SuBouDi N'ATi". — continued. enjoyed by Governors in Council of Fort St. George and Honibav not repugnant to Act ... ... 3 & 4 W. 4, c. 85, *. 59 425 Governors and Members of Council to liave all rights, powers, and immuni- ties of Governors and Members of Council of Fort St. George and Bombay ... ... ... ... ... *. 59 H'- But not to make or suspend regulations or laws, except in case of urgent necessity, and then only till the decision of the Governor-general of India in Council shall be signified ; nor to create any new office, nor grant any salary, gratuity, or allowance, without previous sanction of Governor-general of India in Council ... ... *. 59 ib, On vacancy of office of Governor, where no successor on the spot, tlie IMem- ber of Council next in rank (if there be a Council), to hold and execute office till successor arrive or be appointed i if no Council, the senior Secretary to act as Governor ; acting Governor entitled to emoluments of office, foregoing his own ... ... ... ... s. 6'.i 426 to obey orders and instructions of Governor-general of India in Council in all cases whatever ... ... ... ... a- 65 427 may propose drafts of laws, with reasons ... ... ... j. 66 /b. Powers of Governors not to be suspended by visits of Governor-general to Presidencies ... ... ... ... ... x. GT 428 GovEuxons OF Plantations, Lieutknant-governors, Depoty-governors, ok CoMMANDERS-iN-CiiiEF guilty of oppression, ci-imes, and offences towards her Majesty's subjects may be tried in England by the King's Bench, or by a Commission, and punished as for like offences, &c. com- mitted at home ... ... ... 11 i^-12 >r. 3, r. 12 16 or Deputy -governors of any of the settlements, presidencies, territories or plan- tations of the East-India Company incapable of being elected or sitting, or voting as Member of the House of Commons while holding office lOG. 4,c. 62,4-. 1 339 election and return void, and person sitting or voting in contravention of Act liable to penalty of r500 ... ... ... -s. 2 ih. fees and presents (see Fees and Presents). Acts done by, after the demise of the Crown valid, and thereafter their com- missions to continue in force vuitil eighteen months after such ! expenses as may be incident to the Commission. Salaries of Commis- sioners to be according to the highest remuneration given below the rank of Member of Council ... fJ & 4 If. 4, c. 85, ,y. 5a, 54, 55 494 Laws expiuing {see Acts). Letter of Attoks-ey (.see Ballot, Directors, Election, tind Stock). Letters Patext establishing Supreme Court of Judicature at Calcutta ... ... .339 ... ... ... ... at Madras ... ... .3.56 at Bombay ... ... 5()9 J{ecorcler's Court at Prince of Wales' Island, Singapore, and I\Ialacca ... 570 establishing a Bishopric for the whole of the JJritish territories in the Kast- Indies, and one Archdeaconry for each of the Presidencies of Bengal, I\Iadras, and Bombay ... ... ... ... .., ,5>^() respecting Bishoprics of Calcutta, Madra>, and Bombay ... ... 590 Licences. Counterfeiting, erasing, or altering licences or certificates, or attested copies, punishable with fine and imprisonment 9 G. 4, r. 74. .v. 76 .325 (^'ee (lino Residence). Lime Strket. Company to wi Princes). Locai, Governments (nee Governments). Lot. On equality of votes in any General Court, or Court of Directors, ileteiinination to be by lot ... ... ... ... ... (Cluirter) 10 But only in cases of election to office or places where there siiall be more than one candidate .,. ... ... .53 G. 3, r. 155, .t. 77 1*9 Lunatics, except parish paupers, not to b? receivid into any licensed house without order and medical certificate in prex-riljcd form 2Sc 3//. 4, f 107, «. 27Sc28 .3.39 Act not to extend to ]{oyal llosjiital of Bethlehem, nor lloyal Military, or Naval Hospital, nor County Lunatic Asylum-^, nor Public Hospitals, nor 1. /, 722 Lunatics — continued. Charitable Institutions, except as to visitations and transmission of reports ... ... ... 2 & 3 W. 4, c. 107, s. 62 & 63 360 Act continued till 10th August, 1841, and from thence to the end of the then next Session of Parliament ... ... 1 & 2 F. c. 73 472 {^Sec also Stock). Madras {sec Governments, Subordinate, and Limits). Magistrates (see Court, Supreme, of Fort William, Justices of tlie Peace, and Residence). Malacca, transferred to the East-India Company ... 5 G. 4, c. 108, s. 1 2,52 Annexed to Prince of Wales' Island ... G. 4, c. 85, s. 21 265 — Provision may be made by Crown for administration of justice in Singapore and Malacca ... ... ... ... ... s. 19 264 Malicious Injuries to Property. Setting fire to a church, chapel, house or buildings used for trade ; or rioters demolishing, &c. any church, or chapel, or building used for trade; or machinery in any manufactory, felony — death 9 G. 4, c. 74, s. 114, 116 334 — Destroying silk or other goods in the loom, &c., or any machinery belonging to those manufactures, or breaking into any building with intent to destroy the same, felony — transportation, &c. ... ... s. 115 ib. — — Setting fire to, or destroying a ship, witli intent to prejudice owners or undei'-writers, felony — death ... ... ... s. 117 336 Damaging any ship otherwise than by fire, felony — transportation, &c. s. 118 ib. Doing any act tending to the immediate loss of a ship in distress, or de- stroying the goods, or any part, of such ship, or by force preventing or impeding any party endeavounng to save his life, felony — death s. 119 ib. Destroying sea-banks, banks of rivers or canals, locks, floodgates, &c.; re- moving the piles, Sec. of any such sea-banks, &c., or doing any damage with intent to obstruct navigation, felony — transportation, Sic. s. 120 ib. Breaking down the dam of a fishery, on conviction before a Justice, ofiender to pay fine, not exceeding fifty sicca rupees ... ... s. 121 336 Killing or maiming cattle, felony — transportation, &c. ... s. 122 ib. Setting fire to crops, or stacks of corn, Stc, or to any plantation of trees, Sec, felony — transportation, &c, ... ... ... s. 123 ib. Punishments and forfeitures equally to apply and be enforced whether committed from malice or otherwise ... ... ... s. 124 ib. {See also Act of Government of India No. 31 of 1838, in Appendix, in connection with sections 114, 117, 119, and 123, of Act 9 Geo. 4, Ct I ^)' **■ *•* ••• ••• •■• *•* Ut)0 Malta, to bo deemed in Europe ... ... ... 3 & 4 W. 4, c. 52, 5. 120 375 Mandamus. In cases of prosecution in Court of King's Bench for offences committed in India, Court may issue jnandainus requiring Judges of King's Courts to examine witnesses; evidence to be received in writing and sent home under seals of Judges ; oath to be made as to identity and integrity 723 Mand AM us — con tinned. TiCB of the document, and tlic deposition be tlien received in evidence 13 G. 3, c. 63, «. 40 35 — — If accused person be for the time being a Judge of any Court of Judicature in India, inandamus to be directed to Governor-general in Council of Fort William, who is to take all proceedings ... ... s. 41 36 A commission for cxainination of witnesses in India may issue from any of tlie Courts in Westminster in actions of suits in law or equity conmienced by the Company, or others ... ... ... ... s. 44 37 No depositions taken by virtue of 13 G. 3, c. 63, to be given in evidence in any capital cases, except such as shall be proceeded against in Par- liament ... ... ... ... ... ... s. 45 38 Judge or Judges to whom writ is directed to have like powers to compel attendance and examination of witnesses as the Court whereof they are Judges may possess in ordinary cases ... 1 IF. 4, c. 22, ,?. 2 355 ■ Court of King's Bench, in case of prosecution for offences committed by any person holding public employment abroail, may issue writ of rnnndamtts, for examination of witnesses ... ... 42 G. 3, c. 85, *■. 2 141 may order examinations de bene esse on interrogation s. 3 142 '■■ Persons to whom writs of mandamus directed to do all things necessary for the due execution thereof ... ... ... ... «. 4 ib. Persons giving false evidence subject to pains of perjury ... s. 5 ib. Powers given in Acts 13 G. 3, c, 63, and 1 W. 4, c. 22, relating to the ex- amination of witnesses in India, extended to all actions in the Courts of Law of Dublin when examination by Commission shall ai)pear necessary; Judge to whom Commission is directed empowered to enforce attend- ance and examination of witnesses ; costs of writ or Commission to be in the discretion of the Court issuing the same 3 & 4 F. c. 105, s. 66 to 68 533, 534 Mans"laughteii (see Offences against the Person). Manufactures, destroying, (see Alalicious Injuries to Projiertv). Marine, Bombay. Provisions of East-India Mutiny Act extended to, 9 G. 4, f. 72 283 {See also Indian Navy.) Maiune Courts IVIartial. Composition of, in Company's Settlements ; proceedings; duration of Act .... ... 3 & 4 T. c. 8, j. 6, 8, 67 495 I^Iarriages. All marriages solemnized in India before 31st December, 1818, by ^Ministers of the C'hurcii of Scotland to be valid, and after tliat jieriod if one of the ])artics be a member of the Churcli of Scotland and the minister be a Company's Chaplain, minister to certify marriage in duplicate, one copy to be delivered to parties, the other transmitteil to Government ... ... 58 G. 3, c. 84, *. 1 & 2 218,219 Solemnized by minister of the Clnircli of England, in chapel, or house of British Ambassador or Minister, at British ftictories, and witliin Briti-h hues, to be valid ... ... ... 4 G. 4, r. 91, ^^ 1 2.>2 Act not to affect the validity of other marriages solemnized beyond sea a: 2 ib. 4z 2 724 Members of Council (see Civil Service, Governments of India, and Passao-e Money). MiLiTAiiY Seminary, to be continued, and Directors to make rules for, subject to the approbation and revision of the Board 53 G. 3, c. 155, .v. 44 172 Establishment of offices in, and appointment of head master, to be subject to approbation of the Board of Control ... ... .y. 47 174 MiLriAiiY AND Naval Stores {see Stores). Money, interest of, in India (.see Interest). Moravians (.see Oath). ISIiRDER {see Criminal Justice in India). Mi'TiNY Act (.vee Army, Indian Navy, and Marine). Nabobs of Arcot and Carnatic (see Arcot and Carnatic). Natives of India may be sued in the Supreme Court at Calcutta by British subjects for sums exceeding five hundred current rupees on any contracts, &c., in which it was agreed to abide by the decision of that Court 13G. 3, c.63,.s. 16 30 not to be subject to the jurisdiction of the Supreme Court on account of being a landowner, landholder, or farmer, within Bengal, Behar, or Orissa, or receiving share or profit, or rent of land, or exercising local authority, or being security for payment of rent 21 G. 3, c. 70, s. 9 49 Nor on account of being employed by the Company ; in any matter of inheritance or succession to lands or goods, or of dealing or contract, except in actions for wrongs or trespass, or in any civil suit by agree- ment of parties in writing ... ... " ... ... s.\Oib. Name, descrijJtion and place of abode of every Native employed in the Com- pany's service in any judicial oflice, or in the collection of revenue, to be registered; on the death of persons so employed, or being removed from office, to be likewise registered in books to be kept for that purpose s. 11 & 12 ib. ' Native stewards, or agents, &c. employed by British subjects to be registered in the provincial office of the district in which British subjects reside; should they so employ them before registry, liable to penalties s. 13 & 14 50 No Native to receive salary, except from the day of the date of registry *■. 15 ib, British subjects engaging in trade with Native partners not registered, liable to penalties ... ... ... ... ... .y. 16 ib. — — Actions l)etween Natives before the Supreme Court to be determined according to their own laws, &c.; forms of process framed by Supreme Court to be submitted for his Majesty's approval i\ 17 to 90 50, 51 Native Magistrates not to be attached, until after notice of information, and in default of appearance ... ... ... s. 24 /o 26 52 {See also Court, Recorder's, of Fort St. George and Bombay, and Court, Supreme, of Fort William). Registers to be established at Madras and Bombay for Natives employed by the Company or bv British subjects, the same as at Calcutta 37 G. 3, c. 142, s. 15 124 725 Natives of Ixdia — continued. PAOt Offences against Natives by Britisli subjects S3 G. 3, c. 5^, s. 67 100 53 G. 3, c. loo, 6-. lOo 192 (5'ee British Sulijects, Native States, Residence). In cases of debts not exceeding fifty rupees, alleged to be due from British subjects to Natives resident beyond the jurisdiction of the Court of Requests at the Presidencies, Manistrates of Zillah or district may decide summarily; amoinit, when found due, to be levied in the same manner and subject to same provisions as to comniitment of debtor, as in cases of fines ... ... ... ... ... *. 106 193 All persons whatsoever, being Natives of India, to be subject, civilly and crinu'nally, to all Provincial Courts of competent jurisdiction ; Supreme Courts to have a concurrent jurisdiction over Natives cm])loyed by the Company, or by his Majesty's subjects ... ... .v. 109 195 No Native to be transported to Eastern Coast of New South AVales, or any of the adjacent Islands ... ... 9 C 4, c. 74, *•. 30 314 • Governor- general in Council, with all convenient speed, to make laws for protection of Natives from injury and outrage 3 & 4 IF. 4, c. 85, s. 85 432 No Native of India, or natural-born subject resident therein, ilisqualificd from office by reason only of religion, place of birth, descent, or colour s. 87 433 {^See also Sudder Ameens). Native Princes. No British subject, either directly or indirectly, to lenil any money or other valuable things to any Native Prince; nor be concerned in lending any money to any Native Prince, or raising or procuring any for him, nor be security for any such loan of money ; nor make any loan to any other person for the purpose of being lent to such Prince, nor directly or indirectly to take bond, or be concerned in any bond, note, or other security, or assignment, granteil by such Prince for his repayment of any money or other valuable tiling, without previous consent of the Court of Directors, or of one of the Company's Govern- ments in India in writing; ofl'enders to be deemed guilty of misde- meanor at law, and may be proceeded against before any Court of com- petent jurisdiction ; all securities to be void 37 G. 3, c. 142, .v. 28 125 On complaint inaile to any of Company's Governments in India of violation of this Act (37 G. 3, c. 142), case to be laid before law officers, for their re])ort, to be transmitted to Court of Directors by first convenient opportunity ... ... ... ... ... .v. 29 >!>• Snii'iTNr, {see Shipping). SiATKS. British subjects connnitting offences in, to be anu'nable to all Courts of Justice, both in India and Great Britain, competent to try offences committed in India ... ... 33 G. 3, c. 52, a. 67 100 Navai, Force of tiie Crown sent to the Ivist-Indies at tlie retpiest of Court of Directors, with approbation of tlie Board, to be employeil against Native powers ; expense to Ix! borne by the Company 7 G. 4, c. 52 273 Navy, Indian, {nee Indian Navyj. Negotiations with Native Princes ok States {sec W'ai-, Treaties, Sec.) 726 Oath. Directors empowered to administer an oath to their agents and servants, according to a prescribed form ... ... ... (Charter) 6 - Deputy of a Corporation before voting in General Court on behalf of such Corporation, to make oath or declaration ... ... ib. ib, Director refusing or neglecting to take prescribed oath within 10 days after election, office to become vacant, and other to be chosen in his place ib. ib- — — according to prescribed form to be taken by Proprietors at Ballots for elec- tion of Directors ... ... ... 13 G. 3, c.6'6, S.6 28 Commissioners of the India Board before proceeding to act, to take an oatli according to a prescribed form ... 33 G. 3, c. 52, s. 6 80 —— Secretaries and other officers of the Board, to take such oath of secrecy as the Board may direct ... ... ... ... «. 7 ib. —— Board may, at any time they shall deem it expedient, require an oath of secrecy to be taken by all or any of their servants 3 & 4 W. 4, c. 8-5, s. 24 416 Secret Committee of Court of Directors to take an oath according to a pre- scribed form, previous to acting ... 33 G. 3, c. 52, s. 20 84 53 G. 3, c. 155, *. 74 178 3 & 4 I^. 4, c. 85, s. 35 419 Persons employed by the Secret Committee in the preparation of secret des- patches to take oath of secrecy, to be administered and attested by Committee or any two members ... 33 G. 3, c. 52, s. 20 84 taken by persons employed by the Secret Committee to be of the same tenor with that taken by the Committee before entering upon their duty 53 G. 3, c. 155, s. 75 178 British-born subjects appointed or authorized to receive rents, duties, or revenues belonging to the Company to take oath according to prescribed form, before the Chief Justice or one of the Puisne Judges of the Supreme Courts ... ... ... 33 G. 3, c. 52, s. 61 99 No person to act as a Justice of the Peace until he has taken the requisite oath ... ... J. 152 109 Justices of the Peace may qualify by taking the oaths in any Court of Jus- tice within the provinces in which and for which the Commission has issued, and before any other Justice of the Peace 53 G. 3, c. 155, s. 112 197 Coroners to take the like oath as directed to be taken by Coroners of counties in England ... ... ... 33 G. 3, c. 52, s. 157 111 Directors to take prescribed oath within ten days after election, and before taking office, save administering the oath. Oath to be signed by person taking it ; to be administered by two Directors, who are to sign and attest it ; on neglect to take oath within prescribed time, office to be void, .9. 160 112 Parties not being British subjects, of or belonging to the United Kingdom of Great Britain and Ireland, admitted into holy orders by the Bishop of Calcutta, not required to subscribe the oath required of persons ordained in England ... ... 4 G. 4, c. 71, *. 6 241 ' Quakers and INIoravians (in India) to make solemn affirmation or declaration in place of oath in all cases, civil or criminal. Natives objecting to oath on grounds of religious scruple to make affirmation or declaration 9 G. 4, c. 74, s. 36 315 727 OATir — continued. PAGE Persons required to take oath on Holy Evangelists, in order to sit as mem- bers of any Court, or for any other purpose, may be sworn according to forms of their respective religions .,, 9 f/. 4, c. T-l s. 37 316 Quakers and Moravians (in England) allowed to make affirmation in all cases where oath is required. Penalty on affirming or declaring falsely 3 & 4 W. 4, c. 49 370 And persons having been Quakers or Moravians ;,. 1 & 2 K. c. 77 473 Separatists allowed to make solemn affirmation and declaration instead of oath. Penalty on affirming or declaring falsely 3 & 4 IF. 4, c. 82 409 to be taken by President and Members of Courts-martial in India 3 & 4 V. c. 37 517 to bo taken by Judge Advocate or person officiating as such ib. 518 to be taken by recruits enhsting for unlimited or limited service, either in her Majesty's or the Company's service ... 3&4 V. c. 6, 493 494 ' Provisions for abolition of unnecessary oaths 5 & 6 W. 4, c. 62, s. 1 to 8, 16 to 18, 20 to 22 454 to 457 {^See also Act of Government of India, No. 5 of 1840, in Appendix). 645 Offences, &c. Governors of plantations, Lieutenant-Governors, Deputy-Governors, or Connnanders- in-chief, and any persons whatever in the service of the East-India Company, may be tried in England by the King's Bench, or by a commission, and jnmisheii as for like offences committed at home 11&12 ir. 3, f. 12 IG 10 G. 3, c. 47, s.'^tol 25 Offences against the Person. Petit treason to be treated as murder 9 G. 4, c. 74, s. 53 320 Parties convicted of murder, or of being an accessory before the fact, to suflcr death as a felon; punishment by transportation or imprisonment of accessories after the fact; period of execution and marks of infamy ; sentence to be pronounced immediately after conviction ; power of Court or Judge to stay execution ... ,., ... a-. 54 & 55 il. Provision for trial of murder and manslaughter, where the death, or cause of death, only happens witliin the limits of the Company's Ciiarter *. 56 ib. . IVIanslaughter may be punished by traiisportalion, imprisonment, or fine s. 57 il>. No ])unishmcnt or forfeiture to be incurred by any person who shall kill another by misfortune, or in his own defence, or in any manner without felony ... ... ... ... ... ... *•. 58 321 Attempt by poison or violence to nuu-der, deemed felony, ])unisliable with death ... ... ... ... ... ... s. 59 ib- Shooting at, or stabbing, cutting, or wounding any person witii intent to rob, maim, &c., capital; but if committed uniier circumstances tiiat if death had ensued tlie same woidd not in law have amounted to nuu'dcr, in every such case person indicted shall be ac(juitted of felony ... .v. (iO ih Punislmicnt for administering poison, or using any means to procure the mis- iMiriage of any woman quick witii child ; tiie like where the woman is not i|uiik witii child; concealment of birth of child s. 61 & 62 321,322 ■ Sodom V ; rape; carnal knowledge of a girl under eiglit years, ca])ital ; above ■•28 Ok FENCES, Stc. — continued. eight and under ten years, a misdemeanor, punishable with imprison- ment; what sufficient to constitute those crimes respectively 9 G. 4, c. 74, s. 64 to 66 32^ Forcible abduction of any woman on account of her fortune, with intent to marry or defile her, or to cause her to be married or defiled ; felony, punishable by transportation or imprisonment ... ... s. 67 ib. Unlawful abduction of an unmarried girl, under sixteen, from iier parents or guardians, a misdemeanor, punishable by fine, imprisonment, or both s. 68 ib. Stealing a child under ten years from parents or guardians, or with intent to steal any article upon or about the person of such child, or receiving or harbouring, felony, punishable by transportation or imprisonment. Not to extend to fathers taking their illegitimate children ... a. 69 323 Bigamy deemed felony, punishable by transportation or imprisonment s. 70 ih. —^ Masters of merchant vessels forcing seamen on shore, or refusing to bring them home, guilty of misdemeanor, and to be imprisoned for such term as the Court shall award ... ... ... ... *. 71 ib. {See also Act of Government of India, No. 31 of 1838, in Appendix, in connection with sections 59, 60 & 61, of 9 G. 4, c. 74). 635 Offices. Act to regulate Grant of Offices in Colonies or Plantations of the Crown, not to extend to Offices granted by the East- India Company 54 G. 3, c. 61, s. 5 199 (See Civil Service, Crown, Directors, Governments of India generally, Governor-General and Council of Fort William, Governor-General and Council of India, Governments Subordinate, Officers and Ser- vants, Sale and Brokerage of Offices). Officers of the Crown to be assisting the Company when required, on pain of the displeasure of the Crown ... ... ... {Charter) 10 AND Servants of the Company. Directors may administer an oath, according to a prescribed form, for tiie faithful and due execution of tlie several places and trusts reposed in them ... {Charter) 6 Directors may appoint and remove them ; allow and pay them such reason- able salaries and aUowances as they may judge necessary for the well- ordering and managing of the Company's affairs ... ... ib. 8 in the East-Indies guilty of o])pression, or other crimes, may be tried in the Court of King's Bench, and ])unislied in the same manner as if com- mitted in England ... ... ... 10 G. 3, c. 47, s. 4 25 in all ;utions or suits brought against tlie Company, their agents or servants, defendant may plead general issue, and give special matter in evidence s. 5 ib. But nuist deliver to plaintiff' notice in writing of substance of defence six days before trial in London or IVIiddlesex, and eight days before trial in any other county ; and defendant shall not give evidence of any mat- ters not contained therem ... ... ... ... «. 7 ib. The Company's right to appoint officers, servants, &c., preserved to them 13G.3, c. 63, *. 12 29 729 Offhkks axd Seuvakts of the Compaxv — continued. PAGE No officer of the Company, either civil or military, to receive any fee, pre- sent, donation or gratuity, except in the case of physicians, counsellors, surgeons and chaplains, who may receive them jirofessionally 13 (;. 3, r. ()3. i: 22 to 2.5 32 33 G. 3, c. 52, s. 62 to 64 99, 100 convicted in any Court of Judicature in India of breach of trust, or embezzle- ment, or defrauding the Companv, may be fined and imprisoned, and adjudged to be for ever after incapable of serving the Company ; inune- diately after execution of sentence may be sent to England by order of Court, unless he shall remove liimself within twelve months, and in the mean time give secmity to do so ... ... 13 G. 3, r. 63, s. .33 33 answerable to Courts of Oyer and Terminer and Gaol Delivery, and Courts of General and Quarter Sessions, for offences eonnnitted against any per- son in any jiart of Asia, Africa and America, beyond the Cape of Good Hope to "the Straits of Magellan ... 26 G. 3, c. .57, «. 29 72 His Alajcstv. by sign manual, countersigned by tlic President of the Board, may remove or recall persons in India, and vacate ami make void any appointments or commission tliere; such a|i]iointmeiits, &c., to cease at the time expressed in the said writing; a duplicate of tlie instiument for removal attested by the President of the Board, to be delivered to the Chairs within eight days after the signature thereof 33 G. 3, c. 52, s. 35 89 3 & 4 W. 4, f. 85, s. 74 429 Directors ma}' remove any officers or servants, except those appointed by the Crown ... " ... ... ... 33 G. .^ 0. 52,".^. 36 89 53 G. 3, c. 155, .y. 80 180 3 & 4 W. 4, c. 85, s. 75 430 Departure from India of Governor-general, Governor, or IMember of Council, or Commander-in-chief, with intent to return to Europe, to be a resig- nation. Resignation within the Presidency must be in writing, under liand and seal, and be delivered for the purpose of being recorded. Salary to cease from day of (le]wrture, resignation, or surrender; in case of any officer quitting his station or Presidency, exce]>ting on the .service of Company, no payment to be made to any agent for his use, and in the event of his not returning, or of iiis jirocecding to Europe, salary to cease from day of departure ... ... 33 Tr 3, f. 52, *. 37 89 3 & 4 ]V. 4, c. 85. s. 79 1^1 But payments may be made to representatives of officers (civil or military) who having (juitted tiieir stations witiiout proceeding i;r inlemling to proceed to Europe, have died witliin tlu' linn'ts of the Charter or at the Cape, of such salary and allowances as ihiy would have been entitled to had they returned, ami payments made previously to the passing of tliis Actcon'irmcd ..." ... ... " 7 6'. 4, f. 56, 5. 3, 4 274 — — Payments to I'epresentatives of deceased servants, as above, to !)e lawful 3 i!c 4 M'. 4, r. 85, .s. 79 431 And provJNions tA' former Acts against payment to aginls, not to exleiul In ilu- 5 a 730 Officers AND Servants of the Company — continued. PAGE case of any officer under the rank of Governor or Member of Council quitting the Presidency under established rules, in consequence of sick- ness, and proceeding to places within prescribed limits, or with permis- sion of Government proceeding to another Presidency to embark for Europe, so that the port of departure be not more distant from the place quitted than the ports of his own Presidency ; no rules to be valid until approved by Court under control of Board ; Court may direct refund in case of permission being improperly granted, and the amount shall be recoverable at law ... 7 F^. 4 & 1 V. c. 47, s. I io S 467, 468 ' Board restricted from appointing any of the servants of the Company 30G.3, c. 53, i. 14 83 Not to direct or interfere with those employed in the Home Establishment. Directors not required to submit for consideration of the Board, their communications with their officers or servants on the Home Establish- ment, or witli their legal advisers ... 3 & 4 IF. 4, c. 85, s. 34 419 British-born subjects appointed to collect or manage rent, duties, and reve- nues, to take oath ... ... ... 33 Cr. 3, r. 52, «. 61 99 — — Wilful disobedience to orders of Court of Directors, except in cases of neces- sity (the burden of proof to lie on the party disobeying), and wilful breach of trust or duty to be deemed a misdemeanor at law s. 65 100 3 & 4 W. 4, c. 85, 6-. 80 431 ■ After sentence or judgment against any officer or servant. Company not to release or compound siicli sentence or judgment in any case whatever, nor reinstate any servant removed for misbehaviour by sentence of Court of Law " ... ... ... ... 33 G. 3, c. 52, s. 69 100 No person holding civil or military station under rank of Member of Coun- cil, or Commander-in-chief, having departed from India on leave, and not returning within five years, to be entitled to rank or restoi'ation to office, nor capable of again serving in India, unless it be proved to the satisfaction of Court of Directors, that his absence was caused by sickness or infirmity, or unless permitted to return with rank by vote by ballot of three parts in four of a General Court, specially convened with eight days' notice in the London Gazette, or unless in case of a . military officer it shall be proved to the satisfaction of the Court of Di- rectors and the Board of Control, that his absence was caused by sick- ness, infirmity, or inevitable accident ... ... ... .9.70 101 But military officers of a certain rank may be restoretl by the Court and the Board, although absence continue more than five years, and bo not caused by sickness, infirmity, or inevitable accident — (See Army, Com- pany's) ... ... ... ... 53 G. 3, c. 155, *. 84 182 Rank of civil servants restored after five years' absence from India s. 85 ib. (See Civil Service). -^— Com25any may, with approbation of the Board of Control, restore to their service military officers removed therefrom by sentence of Courts-martial 51 G. 3, cap. 75, s. 4 & 5 164—165 731 Officers and Servants of the Company. — continued. rACE Civil or military servants, suspended or removed by Governments in India, not to be restored without the approbation of the Board 53 G. 3, c. 1.55, s. 83 181 — — Company may consider claims of tiiosc aflected by discontinuance of tlicir trade, and of their widows and children, and under the control of the Board grant compensation ; but no such compensation to be granted till expi- ration of two months after particulars have been laid before Parliament 3 & 4 IF. 4, c. 85, s. 7 412 {See also Parliament). Division of Presidency of Fort William not to affect promotion or succession to office or conmiand ... ... ... ... s. 71 428 Trade (sec Trade). ^—— Subscription to and management of Banks (see Banks). By-Laws relating to ... ... ... ... ... ... 598 Ordixation for Foreion Possessions. Persons may be admitted without canonical title, to orders of deacon and priest, for Foreign Possessions only 59 G. 3, c. GO 221 P ARSEEs. Quitting the possession of estates acquired by, in tlie way of succession ; and fixing the law bv which the succession, either by inlieritance or testa- mentary disposition, is to be regulated in future Act of Government of India, No. 9 of 1837, i)i Appendix. 620 Parliame.vt. In all cases of proceedings touching offences connnitted in India, the Lord Chancellor, or the Speaker of the House of Commons, may issue warrant to the Governor-general and Council of Fort AVilliam, or to the Judges of his i\Iajesty''s Courts in India for examination of witnesses, which duly returned shall be deemed good and competent evidence, and shall be allowed to be read in eitlier or both Houses 13 G. 3, c. 63, s. 42 37 No proceedings to be discontinued by prorogation or dissolution s. 43 ih. Informations against parties accused of extortion, &c., in India may be exiii- bitcd in the Court of Kinir's Bencli, the record whereof to be delivered to the Lord High Chancellor, who thereupon is to issue a commission for the trial thereof; the parties accused may be connnitted, or in case of non appearance tlie information to proceed. AVithiii thirty days from the commencement of each session, twenty-six Lords and forty Com- moners to be chosen by ballot, who with tliree Judges are to form tlie commission for trying the accused. Members of the Board of Control, the Court of Directors, or persons liaving been employed in India not to form any ))art of the Court ; senior Judge present to be President of the Commission, and in case of an equality of votes to have a casting vote. Mode of procedure. Party found guilty and adjudged to ]iay a fine to tlie Crown may be interrogated as to Ills ell'ects ; if he shall not apj)ear or refuse to answer to forfeit iiis estate and be onimitted. 5 A 2 732 P A u L I A M E X T — conlvi tied. PAGE Depositions of witnesses taken in India deemed evidence. Writings received by the Court of Directors from India, and copies of writino-s sent by them to India to be admitted as evidence 24. G. 3, c. 25, s. 64 to 67, and s. 73 to 82 54 to 58 Ten Commissioners competent to act ; majority to determine and the Presi- dent to have the casting vote. If by deatli or otherwise the number should be reduced below ten a new Commission is to be made out. Rules with respect to leave of absence ; appointment and allowances of clerks, &c. ; Court of King's Bench may issue warrants for apprehend- ing persons accused, who may be committed or find bail ; if accused parties cannot be found, or abscond, an order of the Court for their surrender to be inserted in the London Gazette, and affixed in some conspicuous place in tiie India House. Should the parties not then appear, the information to })roceed as though the plea of not guilty had been given. The judgments of the Commissioners to be executed by the Court of King's Bencli, and to be final. Fines how to be recovered in England, and in India, when efl'ects in England are insufficient. Exami- nations in India to be sealed up and delivered in the Court of King's Bench on oath... ... ... 26 G.3, c. 57, s. 1 ifo 28 60—71 Appointment of Commissioner or Chief Secretary to the India Board not to disqualify for sitting in Parliament; nor appointment of Member of the House of Commons to be Commissioner without salary, or to be Chief Secretary, to vacate seat ... ... 33 G. 3, c. 52, s. 8 81 Upon petition of any party praying a bill of divorce, Speaker of either House of Parliament may issue his warrant to the Judges of the Supreme Court in India for the examination of witnesses ; examinations to be certified and transmitted ; Judges may ask furtlier questions and require further witnesses to be produced ; proceedings not to be discontinued by prorogation ... ... ... ... IG. 4, c.lOl 230—231 Governors elected to serve in Parliament {see Governors and Deputy- governors). Right of Parliament to legislate for India reserved. 3 & 4 W. 4, c. 85. s. 51 423 Accounts of increase and diminution of salaries, &c. of Board of Com- missioners for Affairs of India to be annually laid before Parliament 51 G. 3, c. 75, s. 3 164 Accounts of all superannuations granted to officers of the Board or tlie Company for the preceding year to be laid before Parliament within fifteen days after meeting thereof ... 53 G. 3, c. 155, s. 94 187 Copies of regulations passed in India and transmitted to Court of Directors, 37 G. 3, c. 142 ; 39 & 40 G. 3, c. 79 ; 47 G. 3, sess. 2, c. 68, to be laid annually before Parliament, together with accounts 53 G. 3, c. 155, s. GG 176 All laws and regulations made by Governor-general of India in Council to be transmitted to England and laid before Parliament 3 & 4 W. 4, c. 85, s. 51 423 733 PAnLIAMENT — COTlthlUed. rAGK Accounts of increased salaries, allowances and gratuities proposed by tlie Court of Directors, and approved by the Board of Conunissioners for the Affairs of India to be laid before Parliament 28 G. 3, c. 8, s. 4 7(5 33 G. 3, c. 52, i-. 17 Scl8 83, 84 53 G. 3, c. 155, A-. 88 183 Directors to lav before Parliament yearly certain accounts relative to the annual produce of tiie revenues of India; annual recei|)ts and disburse- ments at home and abroad ; amount of debts, rates of interest, &c. 33 G. 3, r. 52, s. 126 103 Accounts to be laiti before both Houses annually witliin the first fourteen sitting days after the 1st of May, made up according to the latest advices of annual produce of revenue, distinguishing respective heads at each Presidency or settlement ; annual receipts and disbursements at hotne and abroad, distinguished under respective heads, with latest esti- mate of the same ; amount of debts, rates of interest, annual amount of interest ; state of effects and credits at home and abroad ; lists of esta- blishments, and of salaries and allowances ; Court of Directors, under control of Board, to prepare forms of accounts and estimates ; particu- larly of new or increased salaries, establishments, or pensions to be placed at foot of accounts .,. ,,. 3 & 4 ir. 4, c. 85, s. 116 439 Particulars of all compensations granted to persons affected by discontinuance of Company's trade, and of salaries and allowances directed to be paid to officers appointed by Board, to attend tliem during tlie winding-up of the commercial concerns of the Company, to be laid before both Houses of Parliament within the first fourteen sitting days after tlieir meeting in every year ... ... ... ... ... .s. 8 412 Ilules framed for proceedings of Governor-general of India in Council to be laid before Parliament ... ... ... ... *-. 47 422 Report of India Law Commissioners, witli opinions or resolutions of Governor- general in Council thereon, to be laid before Parliament in the same manner as is now provided concerning regulations made by Government of India ... ... ... ... ... ... «. 54 424 Beports of draft regulations respecting Slavery, received by Coiu-t of Di- rectors, and their proceedings thereon, to be laid before Parliamerit within the first fourteen days of their sitting ... ... .v. 88 433 Ilules for adnn'tting Students at Company's College to be laid before Par- liament ... ... ... 7 //'. 4 & 1 r. c. 76, ,v. 7 470 Passage-iVIoNky. When persons are resident in tiie United Kingdom at tlie time of their appointment to stations in India, to lx> allowed the following sums to defray the expenses of their e(|ui]iinent and voyage ; !v',;., — to the Governor-general of India ...i'5,000 53 G. 3, r. 155, a. 8}) 1S4 3 & 4 M'. 4, c. 85, A-. 76 430 Commander-in-chiefof all the Forces ... 2,500 53 G. 3, c. 155, s. 89 ISJ. Each Member of the Council of India ... 1 ,200 3 & 4 W. 4, c. 85, *. 76 430 Each Member of the Council of IKiigal ... 1,200 53 G. 3, f. 155, a. 89 18|. 734 Passage Money — conthiiied. PACE Chief Justice of the Supreme Court at Fort £ William 1,500 53 G. 3, c 155, s. 89 184 Each of the Puisne Judges there ... 1,000 ... ... ib. ib. Bishop of Calcutta ... ... ... 1,200 ... ... ib. 185 Archdeacon ... ... ... 500 ... ... ib. ib. Governor of Fort St, George ... ... 2,500 3 & 4 TF. 4, c. 85, s. 76 430 Each Member of Council there ... 1,000 53 G. 3, c. 155, s. 89 184 Commander-in-chief there ... ... 2,000 ... ... ib. ib. Chief Justice of the Supreme Court there 1,200 ... ... ib. 185 Each of the Puisne Judges there ... 1,000 ... ... ib. ib. Bishop of Madras ... 500 3 & 4 IF. 4, c. 85, «. 91 434 Archdeacon of Madras 500 53 G. 3, c. 155, s. 89 185 Governor of Bombay ... ... 2,500 ... ... ib. ib. 3 & 4 JV. 4, c. 85, s. 70 430 Each Member of Council there ... 1,000 53 G. 3, c. 155, s. 89 185 Commander-in-Chief there ... ... 1,500 ... ... ib. ib. Chief Justice of the Supreme Court there 1,200 4 G. 4, c. 71, .'. 12 243 . Each of the Puisne Judges there ... 1,000... ... ib. 244 Bishop of Bombay ... ... ... .500 3 & 4 IF. 4, c. 85, *. 91 434 Archdeacon ... 500 53 G. 3, c. 155, *. 89 185 Governor of Agra ... ... ... 2,500 3 & 4 JF. 4, c. 85, j. 76 430 Governor of Prince of Wales' Island ... 1,200 53 G. 3, c. 155, *. 89 185 Recorder there ... ... ... 1,000 ... ... ib. ib. Peace (see War, Peace, &c.) Pensions. No new pension, or increase of pension, to any one person exceeding d£'200 per annum, to be available in law, unless resolution proposing the same shall be approved and confirmed by the Board of Control 33 G. 3, c. 52, s. 125 102 All grants to be subject to the Board of Control 3 & 4 TV. 4, c. 85, j-. 25 416 Competent yearly sum, out of revenues of India, may be applied for the use of Chief Justice or Judge returning to Europe 37 G. 3, c. 142, *. 2 120 And although he shall not return to Europe ; payment to cease on re-appoint- ment to any such judicial office ... .55 G. 3, c. 84, s. 8 207 To Chief Justice and Judges of Supreme Courts in India, granted previously to passing of 4 G. 4, c. 71, or to be subsequently granted, in favour of persons then exercising office, not affected by provisions of this Act 4 G. 4, c. 71, s. 18 244 to Chief Justice, Judges, or Recorder of Prince of Wales' Island, not to be granted till after five years' residence ... 6 G. 4, c. 85, s. 1 262 to Chief .Justice of Calcutta, who has served seven years, partly as Judge or Chief Justice, =£1,000 per annum; seven to ten years, £1,300; above ten years, £2,000 per annum ... ... ... s. 8 ib. to Cliief Justices of Madras and Bombay, under same limitations, of dP800, £1,000, and .£1,600 per annum ... ... ... s. 9 ib. to Puisne Judges of Calcutta of =£"750, .£'1,000, and ^1,500 per annum s. 10 263 735 Pensions — continued. PACE to Puisne Judges of Madias and Bombay, £G00, £800, .£'1,200 6G. 4, c. 8o,s. 11 2C3 to Recorder of Prince of Wales' Island, cCoOO, ceGoO, -PI, 000 s. 13 ib. Time of Recorder appointed Judge to be reckoned as residence in India at a certain rate ... ... ... ... ... s. 1^ ib. not to be granted to Chief Justice, Judges or Recorder, under ten years' service, for other cause tlian illness ... ... ... s. 16 264 ■ Chief Justice not to have more than Puisne Judjie, unless he has held tlie office of Chief Justice for five years ... ... ... *. 12 263 Crown may grant to the Bishop of Calcutta, after ten years' exercise of that office, a pension of o£'l,500 per annum ... ... 4 G. 4, c. 71, s. 3 240 Bishop relinquisliing his see from illness or infirmity, after five years' exer- cise of his office, may receive a pension of iJ'TSO per annum ; and after seven years' exercise =^1,000 per annum ... 6 G. 4, c. 85, s. 15 264 Resignation under ten years' service, for other cause than illness or infirmity, to be proved to the satisfaction of the Crown, not to entitle to pension s. 16 ib. • Residence as Bishop of Madras or Bombay, on translation to see of Calcutta, to be accounted residence as Bishop of Calcutta 3 & 4 fV. 4, c. 85, s. 98 4S5 to Bishop of Madras or Bombay, after exercising office for fifteen years, i?800 per anninn, payable by the Company quarterly ... s. 96 ib. If translated to See of Calcutta, residence by such Bishops to be accounted residence of Bishop of Calcutta ... ... ... *. 98 ib. to Archdeacons, after exercising that office for ten years, 0P8OO per annum 4 G. 4, c. 71, s. 3 240 to Archdeacons, having previously served as Chaplains, whose right to any benefit granted by the Company is not to be prejudiced, nor the right of the Company to make and vary regulations respecting the fees, allowances, powers, and retirement of their Chaplains s. 4 241 If any ])erson now an Archdeacon shall be appointed Bishoj) of Madras or Bombay, the period of his residence in India as such Archdeacon to be accounted for and taken as a residence of such Bishop 3 & 4 IV. 4, c. 85, s. 98 435 to President, Secretaries, and Ollicers of the 15oard of Control (see Board of C'onmiissioners and Superannuations). to Officers and Clerks of the Home Establishment (see Sujierannuations). Perjchv and Subouxation' of Per.iury punisiiable with transportation and ini])rison- ment 2 G. 2, c. 25, *•. 2 19 in any matter connected with 53 G. 3, c. 155, to be punishable according to the law of England 53 G. 3, c. 155, $. 122 198 (iSV<; Army antl General Court). Petit Theason {see Criminal Justice in India). Plantations (.sic Governors of Plantations). Postage. Letters transmitted by jM)st to be charged by weight, according to scale set fi.itli in Act 3 & 4 r. c. 96, «. 2 52-1 73G Postage. — co7it'uuicd. PAGE Rate of Postage on Colonial letters by packet boat 3 & 4 F. c. 96, s. 6 .524 s. 34 526 Ship letters ... ... ... ••. ••• *• 7 & 8 525 Penalties on masters of ships not taking letter bags 7 T^^. 4 & 1 V. c. 36, s. 6 466 3 & 4 F. c. 96, *. 38 528 Foreign letters ... ... ... ... ... *.9^oll 525 Newspapers, Parliamentary proceedings, &c., .r. 11, 42, 44, 50, 52 525, 529, 530 Petitions and addresses to her Majesty or to Parliament s. 40 & 41 529 Stamped covers .. ... ... ... ••• *. 12 526 Framking. — Penalties for abusing the privilege. Penalty for falsely super- scribing the letter of an owner of a vessel, &c. 7 IF. 4, & 1 F. c. 36, s. 4 465 Letters of owners of vessels ... ... 3 Sj 4 F. f. 96, ,f. 35 526 Gratuities to masters of vessels for conveyance of letters and newspapers. Masters of outward bound vessels to receive letters and to deliver them at first port of arrival. Declaration to be made by masters as to their delivery. Officers of Customs not to allow vessels to report before declaration made *. 36, 52, 61 527,530,531 Soldiers' and seamen's letters ... ... s. 53, 54, 55 530,531 Interpretation of terms in Post Office laws .. ... s. 71 531 Schedule referred to in Act ... ... ... ... 532 Powj:rs or Attoiixey {see Stock). Pkince of Walks' Isi.axd. Singapore and IVIalacca annexed tliereto, to be under such Presidency as Court of Directors, w ith approbation of Board, may determine, or to form a separate Settlement 6 G. 4, c. 85, s. 21 265 Provision for administration of Justice in ... ... s. 19 264 Presents, Sec, not to be taken by Governor-general, Council, Chief Justice or Judges of the Supreme Court of Fort AVilliam 13 G. 3, c. 63, *. 23 32 Nor by any Civil or Military Officer under the Crown or tlie Company from Natives of India ... ... ... ... -v- 24 ^Y*. Demanding or receiving, whetiier for use of the party, or pretended to be for the use of the Company, or of any other person, to be deemed extortion and a misdemeanor at law, to be proceeded against under 33 G 3, c. 52, and offender also to forfeit the wliole gift or present received or full value ... 33 G. 3, r. 52, s, 62 99 Court of .Inrisdiction may order present to be restored, or fine paid to prose- cutor ... ... ... ... ... i. 63 ill. Professional fees of Counsellors, Physicians, Surgeons, and Chaplains, excepted from prohibition, ... ... 13 G. 3, c. 63, s. 25 32 33 G. 3, c. 52, s. 64 100 Reception of present by Governor-general, or Governor, or Member of Council, for his own use, or in discharge of his office, a misdemeanor 3 & 4 n. 4, c. 85, s. 76 430 737 PAGC Privy Coincii,. An account to be laid before tlieni yearly in the month of October, siffned bv two or more Directors, of English goods cx])orted bv the Company in tlie preceding year ; shewing tlie ])laces from whence they were ex))orted, and to I)e attested by tlie oath of the officer in charge of the book of entry ... ... ... ... ((/tarter) 'i (See Appeals). PnizE Causes, Commission for trial of, (.see Admiralty). Pri/k-1VIokev. TTiK'lainu'd shares of ])rize-nioney belonging to soldiers in the service of the Company, in the hands of agents or otlu'rs, to be paid over to (^onipany, and a|)plied to Lord Clive's Fund, subject to be refunded without interest on the establishment of a claim thereto 1 & ^ G. -t, c. ()1, *■. 1 5i32 9 G. 4, c. 50, «. 1 ."278 Ijelonging to seamen to be paid over to the Company, to be applied to Poplar Hospital, subject to be refunded in like manner 1 & 2G. 4, r. ()1, A-. y .'233 9 a. 4, c. 50, A-. y 278 No right given to Company to pi-ize-money, or unclaimed siiares belonging to soldiers and sailors in the service of the Crown, nor to shares to which Greenwich and Chelsea Hospitals are entitled ... ... s. '.i 279 Payment in London to be made within six months, abroad within six months after notification of Act ... ... 1 & 2 U. 4, r. 61, s. 3 233 9 O. 4, c. 50, .V. 4 279 All persons required to deliver to the Secretary to the Company in Lon- ilon, or Secretaries of (xovernments abroad, accoimts on oath ; deeds and papers may be inspected by ])ersons duly authorized by Court of Directors, and copies taken ; but not to extend to open accounts legally closed, nor to bar legal remedies; persons taking false oaths Hable to penalties of jjerjury ... 1 & 2 G. 4, r. 61, *. 4 /o (5 234,235 9 G. 4, r. 50, *•. 5 to 7 280, 281 Company to have the same rights, powers, and remedies for discovery and re- covery of money as owners; Courts of law m.ay exercise same ])owers as with regard to balances payable to Treasurers of Greenwich and Ciielsea Hospitals; and Court ci' Directors and Governments abroad to have same powers as those Treasurei-s; but the interests of the tMo Hospitals not to be affVcled ... ... 1 & 2 (1. 4, c. 61, .v. 7 Sc 8 235 9 G. 4, r. 50. .V. H iv- 9 281 , 282 Per.sons jiaving over prize-money under Acts accpiitled absolutely 1 &2(.-. 1-. c. 61. ,v. 9 2.36 9 G. 4, c. 50, A. 10 2S2 I'nclainied shares in hands of Company lo be carried to credit of Lord ('li\e's Fund and Poplar l'"un(l, res])eclively, subject to ri'I'uiid 1 &2 (;. 4,c. 61, .V. 10 U-Mi Expen.scs of carrying Act into operation to be defrayed out of monies re- ceived ; no person cm])Ioyed by the Company in executing it to act as agent, under ixnulty of £500; Act not to jirevent remedy at law or 5 Ji 738 Prizk MosEX—contbiued. TACE equity against the Company after application to Court of Directors at home or Governments abroad, within six years 1 & 2 G. 4. c. 61, i. 11 & 12 236 9 G. 4, c. 50, *. 11 & 12 282 Army.— All captures to be at tiie disposal of tlie Crown 2 W. 4, c. 53, s. 2 357 In conjunct expeditions of land and naval forces, after adjudication of Court of Admiralty share of the army to be paid over for distribution s. 29 ib. Provisional Aitoixtments. Court of Directors may make provisional appoint- ments, subject to any event or contingency 33 G. 3, c. 52, s. 27 87 3 & 4 JF. 4, c. 85, s. 61 426 Subject, in respect of offices of Governor-general of India, Governor of a Presidency, and fourth ordinary Member of Council of India, to tlie approbation of the Crown ... ... 3 & 4 /F". 4, c. 85, i\ 61 ib. No person so apjiointed to be entitled to any authority, salary, or emolument until in actual jiossession of office ... ... 33 G. 3, c. 52, j. 27 87 3 & 4 W. 4, c. 85, *. 61 426 Proprietors (see General Court and Stock). Quakers (see Oath). Qualification {see Directors and General Court). Quarter Sessions to be held by Governor-general and Council of Fort William four times a year ... ... ... ... 13 G. 3, c. 63, ,?. 38 35 Rape [see Offi^nces against the Person). Recruits and Recruiting the Company's Forces (see Army in India). Registration of Natives (*ee Courts of Judicature and Natives). Registration of Shipping (see Shipping). Regulations. Governor-general and Council of Fort William may make and issue such rules, ordinances and regulations (not being repugnant to the laws of the realm), for the good order of Fort William and its subordinates, as shall be deemed just and reasonable; and may inflict fines, &c., for breach or non-observance of them 13 G. 3, c. 63, s. 36 34 To frame regulations for Provincial Courts and Councils, to be transmitted within six months to Court of Directors, which regulations Crown may approve or disallow, if not disallowed within two years, to be of force and authority, provided no new expense to suitors be occasioned thereby 21 G. 3, c. 70, s. 23 51 issued and framed by Governor-general in Council, aifecting persons amenable to Provincial Courts, to be registered in judicial department, formed into a code, and piinted, with translations into the country languages, and grounds of each regulation prefixed to ; all Provincial Courts to be 739 Regulations — coriihitted. PACE bound by sucli regulations, and Governor-general in Council to transmit ten copies to Court of Directors, and ten to Board of Control annually 37 G. 3, c. 142, s. 8 121 Governor-generiil and Council may order corjjoral jiunishment for breach of regulations ... ... ... 39 ^- 40 G. 3, c. 79, «. 18 137 Such punishment not to be inflicted but upon due conviction before Justices of Fort William ; no conviction to be reversed or brought into any Superior Court ... ... ... ... ... .v. 19 138 to be laid before Parliament annually ... 53 G. 3, c. 155, s. 66 176 3 & 4 W. 4, c. 83, s. 51 423 (.See also Governor- general of India in Council, Justices of the Peace, and Parliament). Ri.aMITTAxces, in case of failure or delay of, to pay dividend, so much of security fund may be sold or mortgaged as required for that purpose, to be repaitl when remittances are received ... 3 & 4 JV^ 4, c. 85, s. 15 41 4 Company's dividend to have preference of all territorial charges, payable out of remittances in Great Britain ... ... ... .v. 17 415 Residexce IK India, and Possession on Occupation of Land. Persons proceeding to India under the directions of the Board of Commissioners to be jiro- tected ... ... ... ... 53 G. 3, c. 155, s. 33 170 —— All persons to be subject to the rules and regulations in force ... s. 35 171 Governments of India may declare certificates and licences void ; persons whose certificates or licences are thus vacated, not liable to prosecution for illicit residence until two months after notice ... *. 36 ib. Governments of India not to authorize residence without lawful authority ; but for extraordinary causes, to be entered upon minutes, may grant special licence until pleasure of Court of Directors know n s. 37 ib. On information exhibited by Advocate-general, or otiier principal law oflicer of the Company, that any subject of the Crown not licensed or duly authorized, has been found withinits jurisdiction, Court may order sucii person to be arrested and brought before it, and upon non-production or want of proof of licence or authority, or if ujion production of such licence or proof it shall appear that liis residence, resort, or remaining, comes not within its true intent and meaning, Court may summarily convict, inflict fine, not exceeding two thousand rupees, and connnit ofi'ender to gaol for period not exceeding two months, unless the fine shall be sooner paid ; on second conviction, before same or any other Court, offender may be fined not exceicling four tiiousand rupees, and committed for a term not exceeding four months, unless fine sooner paid ; not to afl'eet other enactments making unlawful residence a mis- demeanor, or subjecting offender to be sent home ; but no persons convicted as above to be prosecuted for mifdi meanor, or sent home in respect of resilience previously to such conviction ... a-. 101 190 Pirsons resident without liemce niav be sent home witiiout being suhjeet to prosecutions ; masters and commanders of ships to receive anil kicp them 5 Ji 2 740 Hesidence in India, Scc — Ciint'inued. tXGe safely until landed in tlie United Kingdom ; persons thus deported to be entitled to be discharged in sucii port of the United Kingdom in which ship shall be moored in safety, as such person shall see fit 53 G. 3, c. 155, *■. 104 191 — — Natives resident without tiie towns of Calcutta, Madras, or Bombay, may make complaint to the Magistrate of any Zillali against Briti-h subjects of injury against person or property, accompanied by force, and not being felony ; magistrate to hear parties, examine witnesses, and having taken substance of complaint in writing, ac(|uit or convict ; in case of conviction, may inflict fine not exceeding five hundred rupees, to be levied in case of non-pavment upon property of offender ; if no property be found, oiFender may be conmiitted to suitable place of confinement, within district, if there be such ; if not, to gaol of Presidency, for a })eriod not exceeding two months, unless fine sooner paid; magistrate may award whole or part of fine to party aggrieved ; Magistrates to transmit copies of all depositions and proceedings to Government ; all fines to be paid in first instance to IMagistrate, and amount, after making satisfaction to parties, transmitted to Clerk of tlic Crown, or other proper officer of Court of Oyer and Terminer ; convictions may be removed by certiorari to Court of Oyer and Terminer ; not to ])revent Magistrate committing and holding to bail any British subject whose offence may appear a fit subject for prosecution in his Majesty's Court s. 105 192 In cases of debts not exceeding fifty rupees, alleged to be due from British subjects to Natives resident beyond the jurisdiction of the Courts of Recjuests at the Presidencies, Magistrates of Zillaii or district mav decide summarily ; amount when found due to be levied in the same manner and subject to same provisions as to connnitment of debtor as in cases of fines ... ... ... ... ... .v, 106 193 British subjects residing, carrying on trade, or possessing immoveable pro- perty more than ten miles from Presidencies, in all civil and revenue matters to be subject to all Courts having jurisdiction in sucli matters; but no British subject to be sued in any such Court in respect of resi- dence, imless residing within jurisdiction at the time of connnencing the action, or that cause of suit shall have commenced within the juris- diction of the Court, and the suit be commenced within two years after the cause shall have arisen, and witiiin six months after defendant shall have ceased to reside ; no British subject liable to he sued in respect of carrying on trade within jurisdiction, unless cause of suit arise within it and relate to such trade ; nor to be sued in respect of immoveable propert)-, unless situated within jurisdiction of Court, nor unless the suit be brought to recover possession, or occupation of such pro|)erty, or for lent, or other demand arising out of it ; jurisdiction of King's Court not barred, but plaintiff may sue there at his election s. 107 193 British subjects, not in the service of the Crown or the Company, residing 741 Uksidi:nck in India, Sec. — contimted. with permission of Government in certain parts of India, to procure cer- tificate of permission, to be depositeil and filed in the Civil Court of the district ; copy attested ))V tlie Judge, or other officer, to be delivered to tiie party, which shall be taken as evidence in Courts of Justice. No British subject, as aforesaid, to maintain any civil action (other tliun appeal) in any Court until attested copy of certificate be filed in sucli Court, or an affidavit accounting satisfactorily for not filing it. Unau- thorized residence to subject party to be non-suited .53 0'. ;}, c. 155, s.lOS 195 Governor-general in Council, or Governor in Coiuicil, or chief officer of any Presidency, or jilace subordinate to any Presidency, may give notice to any person not being a Native of any ])art of tiie Uritisli territories, within the limits of tlie Charter, other tlian n;itural-born subjects of the Crown, lawfully resorting to, or residing in In. ■ (iovernors of ]VIadras, Bombay, and Agra 120,000 sicca rupees per annum ib. Each Member of Council to be appointed in any Presidency 60,000 sicca rupees per annum ; salaries to be subject to such reduction as the Court, witli tlie sanction of the Board, may at any time tliiuk fit. Salaries to be entire emoluments ... ... ... ... *. 76 430 ■ If Governor-general, Governor, or ^Icinber of Council iiold pension, salary, or place under the Crown, or pul)lic office of tlie Companv, or ainuiity out of civil or military fuiul of (-"ompany, salary to be reduced by the amount so enjoyed ... ... ... ... .v. 77 l^l ■ ■ of Governor-general, Governor, Commander-in-chief, or Member of Coinicil to cease from day of departure, resignation or surrender of office .v. 75) if). 744 Salaried, &c. — contijiued. lAGE of tlie Chief Justice of the Supreme Court of Calcutta, dCSOOO per annum 13 G. 3, c 63, s. 21 31 of each of tlie Judges of the Court, ■i'GjOOO per annum ... ih. ili. to commence from tlie date of taking upon them the execution of their offices 53 G. 3. c. 155, s. 89 184 of Chief Justice of the Supreme Court at Madras, 60,000 Madras rupees per annum ; and of each Puisne Judge, 50,000 Madras rupees per annum 6 G. 4, c. 85, s. 1 260 of the Cliief Justice of tlie Supreme Court at Bombay, 60,000 Bombay rupees per annum ; and of each Puisne Judge, 50,000 Bombay rupees per annum 6 G. 4, c. 85, s. 2 ib. Salaries to be in lieu of all fees, and to commence from date t)f taking upon them the execution of their office ... 4 G. 4, c. 71, s. 11 243 • to cease when either of the Judges shall respectively leave India s.V.i 244 Judge executing the office of Chief Justice in any of the Supreme Courts to be entitled to the salary of that office, wliilst so acting, instead of his own 6 G. 4, c. 85, s. 4 261 of Bishop of Calcutta, 1^5,000 per annum ... 5',i G. 3, c. 155, s. 49 174 of Bishop and Archdeacons, to commence on taking execution of office ; to be in lieu of all fees and emoluments, and to continue wliile they execute tlieir functions in the Kast-Indies, and no longer .., s. .50 175 i)f Bishops of Madras and Bombay, 24,000 sicca rupees per annum 3 & 4 IF. 4, c. 85, .1. 89 433 to commence on taking execution of office, and no fees, perquisites, emolu- ments or advantages beyond them to be taken ; salary to cease when functions cease ... ... ... ... ... a. 90 434 If Ciiicf Justice, or Judge of any of tlie Supreme Courts, Recorder of Prince of Wales' Island, or Bishop of Calcutta die during passage out, or W'ithin six months after arrival, his representatives to receive so much as together with any siuu drawn by the deceased, shall make one year's salary ; six months salary in addition to any sum that may be due, to be paid where Judge or Bishop has resided more than six months, and dies in possession of office ... ... ... 6 T/. 4, r. 85, ,s\ .5 261 Sai-k, Coxtuact, or Bakgain for Okfick. Entering into an}' with respect to any office or employment under the Crown or Company in the East- Indies, by any persons resident in India, to be a misdemeanor 33 G. 3, c. 52, s. 66 100 (See Sale and Brokerage of Offices). Sai,f, axd BiiOKERAGE OF OFFICES. Provisions of 5 & 6 Edward 6, c. 16, extended to offices, connnissions, places and employments belonging to, or under tlie appointment of, the Company ... ... 49 G. 3, c. 126, *. 1. 152 Right of appointment when forfeited to go to the Crown ... *. 2 151- Buying or selling offices, or receiving or paying money for offices, a misde- meanor ... ... ... ... ... ... J. 3 ill. Receiving or paying money for soliciting offices, negotiating, or pretending to negotiate, a misdemeanor ... ... ... ... s. 4 ib. 745 Salt, and ]3itoKiiKAGE or Offices —continued. TAOI Openiiin; or advcrtizinir liouses for transacting business relating to sale of otfic-es, a niisilenieanor ... ... AS)G.'^,c 126, i-.. 5 15j Persons advertizing or publishing names of brokers or agents lial)!e to a penalty of o£'50 ... ... ... ... ... *■. (i ih. ^— Act not to extend to sale, purchase, or exchange of certain Court appoint- ments, nor of Commissions in his Majesty's Forces at regulation prices, nor to aiitliorizcd regimented agents acting without fee or reward .v. 7 ih, Hut oiiieers in army not to give more than regulation prices inider certain penalties ... ... ... ... ... ... s. S lo(i l-'xceptions to operation of Act ... ... ... f. 9 /" 10 1.5() — 157 Manner of punishing oflenders in Scotland ... ... ... s. 13 1.57 Offences committed abroad to he tried in the Court of King's Bencii s. 14 il>, Date of commencement of the Act in various parts ... ... .?. 15 ih. Sale:* (^ee Auctions). Schoolmasters to be provided in all garrisons and superior factories where necessary {Charter) 4 Score H Chaplains {see Ecclesiastical Establishments). Seamek. Prize-money due to seamen in service of East-India Company {see Prize Money). —— Asiatic. Thougli born witliin territories luider tiie Government of tiie Crown or East-India Company, not to be deemed Britisli seamen 4G. 4, c. 80, .V. 5>0 245 3 & 4 ]V. 4, (. 54, .s: IG 378 l}iit in time of war his Majesty, by proclamation, may permit trading vessels and privateers to be manned, wholly or in part, witii Asiatic seamen, for period to be limited ... ... ... 4 <7. 4, c. 80, .v. 20 245 — — British vessels manned in part with Lascars, and having four British si-amen for every hundred tons, to be deemed navigated according to law s. 21 ih. — — If in India sufficient mnnber of British seamen cannot be |)rocured. Govern- ment may grant licence to sail with less proportion ... .v. 22 240 No British seamen required in trade between ports and places within thi' limits of the Cliarter ... ... ... ... .v. 2.3 ih. Governoi-general in Council to make rules i'or tiie protection of Asiatic sea- men ; such rules to have the effect of law, and if duly authenticated to be received by Courts and .Justices ... ... v. 25, 20 21(5, 247 -^^ Masters of vessels arriving at any ptn-t of the United Kingdom, before ship shall be admitted to entry, shall make out and exhibit list of /\ sialic seamen on board ilnring any ])art of tile voyage, with a true aeeonnt of wiiat became of those no longer on board ... ... .v. 27 217 For breach or non-observance of rules and provisions in relation to Asiatic seamen, master and owners sliall forfeit £10, to be recovered in any of his Majesty's Courts of Record in tlu- United Kingdom, l''nst-Indies or elsewhere, or by summary conviction before .Justices; one-tiiird of penalty to go to informer, and two-thirds for biiielil of .\siatic seamen, in respect of whom |)enalty has been incurred ... ... .v. 28 .2i7 Form of conviction lefore Justices ... ... ... ... .v. 52i) 24H 5v. 746 Seamek, Asiatic — continued. PAGE Penalties to be recovered by distress and sale of goods ; in default of sufficient distress, offender may be committed for three months 4 G. 4, c. 80, s. 30 248 Asiatic sailors, convicted of vagrancy, may be shipped on board any vessel bound to the place from which they were brought, the commander of which may be willing to take charge of them at the expense of the per- son liable under the rules, or of any other person willing to defray it s. 31 ib. Proceedings not to be quashed for want of form, and proceedings before Justices not removable by certiorari ... ... ... s. S2 ib. Action or suit under this Act to be commenced within three months s. 33 249 — — If Asiatic sailors, natives of the territories within the limits of the Charter, and brought into the United Kingdom on board any ship, not being a ship of war in tiie service of the Crown, be found in the streets in dis- tress, Company to afford relief, and advance money for their passage home, to be recovered with costs of suit in any Courts of the United Kingdom, or in the East-Indies if the owners shall reside there j. 34 ib. British. Seamen and boys, by shipwreck or other cause, left in distress in foreign parts, or discharged from his Majesty's ships, to be provided for by Governors, ministers, consuls, &c., at the authorized Admiralty allowance ; bills and vouchers to be sent to the Commissioners of the Navy ; seamen and boys to be sent home by first British ship wanting hands ; and if no such ship, passage to be procured ; master or other person refusing to receive such men or boys, liable to penalty of if 100 for each ... ... ... 11 G. 4 & 1 IF. 4, c. 20, s. 82 ,340 Admiralty to cause abstract of Act to be made out and printed, and copies forwarded to Governors of Settlements within the Charter of the East- India Company ... ... ... ... ... J. 94 341 Letters of {see Postage). ~ Provisions for determining who are British seamen 3 & 4 JV. 4, c. 54, s. 16, 17 378 Merchant seamen, whether British or foreign, not to be discharged in Colo- nies or Plantations, without sanction in writing of Governor or other officer ... ... ... ... 5 & 6 JV. 4, c. 19, s. 41 452 Master shall not leave abroad any person of his crew, under pretence of not being in a condition to proceed, or having deserted, or otherwise disap- peared without certificate ... ... ... ... 5.42 ib. Seceetaeies. Those of the Governments of India, Fort William, Fort St. George and Bombay invested with the duties and powers assigned to the Chief Secretaries of the three last-mentioned authorities. — (Regulations of Government of India, No. 2 of 1834, in Ajipendix.j 607 Seceet Committee. Directors to appoint a Secret Committee to consist of any num- ber not exceeding three Directors, who are to take oath previously to acting, according to prescribed tenor ... 33 G. 3, c. 52, *. 20 84 53 G. 3, c. 155, J. 74 178 3 & 4 jr. 4, c. 85, 5. 35 419 747 Secret Committee — contmued. to forward despatches sent from the Board without disclosure 83 G. 3, c. 52, J. 19 84 3& 4 Jf. 4, r. 85, *.3G 419 to employ only the Secretary or Examiner in jireparing secret despatches, except with a})probation of the Board. Every person so employed to take oath of secrecy, to be administered and attested by Committee or any two Members ... ... ... 33 G. 3, c. 52, j'. 21 85 53 G. 3, c. 155, s. 75 178 to deliver to the Board secret despatches, or copies received from India, immediately on arrival ... ... 33 G. S, c. 52, i-. 22 85 not to disclose the contents of such despatches without the approbation of the Board ... ... 53 G. 3, c. 155, *. 73 178 Security Fund. Company to pay cP2,000,000 into the Bank of England to acco\int of Commissioners for reduction of National Debt, with compound interest at 3^ per cent, on sums unpaid, commencing from 22nd April, 1834 ; principal and interest to be laid out in purcliase of Stock in redeemable public Annuities transferable at the Bank ; dividends to be received by cashiers of the Bank, and paid to account of Commissioners, until the whole sum amounts to ,£'12,000,000, to be a fund to secure the redemption of the Company's dividend ; Connnissioners on rccpiisition of Court of Directors to raise and pay to the Comj)any sums necessary for dividends in cases of failure of remittances ; such sums to be raised by sale or mortgage, as Directors with approbation of Board may direct ; to be repaid into Bank when remittances received, with such interest as Directors, with approbaticm of Board, shall fix. Dividends on Stock, form- ing Security Fund, after it shall liave attained tlie sum of .£'12,000,000, until applied to redemption of Company's dividend, and surplus after redemption to be applied in aid of revenues of India. Sum of dP2,000,000 to be paid out of any sums due to the Company by the pub- lic when received, and out of any money arising from sale of Government Stock belonging to the Companv, in preference to all other payments 3 & 4 ]V. 4, c. 85, s. 14 to 17 414, 415 Seminary, Military {.sec Military Seminary). Sepakatists (.sec Oath). Shii'I'IKC. Court of Directors to give notice by public advertisement when they liave occasion to contract for tlie iiire of any ship or ships to be built for their service ; such notice to state the burtiien of the shij) wanted, dimensions or scantlings of timbers and planks, number of guns, manner of build- ing, proviiling, furnishing, and storing; the timi- to be alloweil for building, and other particulars to enable parties to judge of the expense thereof, and the jiropcr rate of freight ; advertisement to (ix a time, not less than four weeks from pul)liiation, to receive proposals in writing, sealed up, for building and freighting the same, sju-cifying tlie lowest rate of freight for each and every voyage, and for sucli number of voyages, not less than six, as the Court sliall see fit to (ix ; ships to b.c employed in trade, warfare or otherwise; tenders or proposals to be put 748 Shipi'inc — continued. PAGE into a box locked or sealed, to be opened publicly in a Court of Directors ; the contents of sucli proposals to be entered in a book, and the lowest to be accepted ; in case more ships than shall be wanted at the time of considering such proposals, sludl be tendered to be built at the same low freight, the Court to determine by lot which shall be accepted 58 G. 3, c. 83, .V. 2 212 Directors may engage ships, if in a sound and proper condition, for a limited number of voyages, to be performed after the expiration of tlieir con- tracts ; the peace freight not to exceed the rate paid for voyages under previous contracts ... ... ... ... ... .y. 3. ib. Court may make such allowance to the owners from voyage to voyage, in respect of the additional charges, if any, arising to owners in time of war or preparation for war ... ... ... ... .y. 4 213 Tables of the average current prices of building and out-fit for ships, and of the probable expense for several voyages, for which any ship sliall have been contracted, to be prepared once a-year, and hung up in the India House ... ... ... .. ... .V. 5 ib. ' After conclusion of war, siiips coming a-float to proceed on voyage to have tables of current prices of out-fit ; cases in which an abatement or non- abatement from the freight to which the ship or ships would be entitled under contract to be determined finally and conclusively by the Court *. 6 214 Court of Directoi-s or Governments abroad, in cases of unforeseen exigency, may hire ships, public notice being given ; the lowest tender to be accepted if reasonable, and the ship fit for the required service ; engage- ment of ships not to extend beyond the duration of the service for which they have been hired ... ... ... ... v. 7 215 In cases of unforeseen exigency, ships may lie taken up by private contract under certain ])rovisions ... ... ... ... 5. 8 ib. may hire by private contract witliout advertising for one voyage from China or India, ships going out in the transport or other public service -y. 9 ib. Court of Directors may hire for any service anv ships, new or otherwise, tlie remstered measurement of which is not more than eight hundred tons i\ 10 ib. But no vessel under 350 tons ... ... ... ... *. 11 216 Provision for building a ship in room of one lost or captured, before the com- pletion of her fifth voyage ... ... ... ... s. 12 ib. Court of Directors or Governments abroad not obliged to enter into any un- reasonable contract, nor to accept lowest tender ... ... *. 13 217 Provisions of Act not to extend to ships employed in Company's service, or Marine War Establishment in East-Indies, but Court of Directors and their agents abroad may take up vessels for those purposes in any manner they may see fit ; Act not to prevent goods being loaded on account of Company on board any private ship ... ... j. 14 ib. Company's By-Laws relating to shipping not inconsistent with provisions of Act to remain in force ... ... ... ... s. 15 ib. 749 Shipping — continued. TXGE — — Importation and exportation of GooJs (Are Customs). . Provisions for determining Britisli and Foreign siiips 3 & 4 fV. 4, c. 54, *. U & 1-3 ;3TT Provisions for navigating IJritish and foreign ships s. 16, 18, 19, 20 378, 3T9 Ships trachng witliin limits of Charter may be navigated entirely by Natives of the countries within those limits ; ... 4 G, 4, c. 80, *. 23 24(i 3& 4 IF. 4, r. 54, * 18 378 {See also Seamen, Asiatic). Registration of Britisli vessels, provisions affecting 3 & 4 W. 4, c. 55 379, 398 1& 2r. c. 113, .V. 11 /ol4 477 Ships built at any place within limits of the Charter prior to 1st January, 1816, and then and ever since the property of British subjects, to be deemed British ships within tlie limits, including tlie Cape of Good Hope ... ... ... ... 3 Sc 4 ir. 4, <•. 59, v. 84 408 Lists of Persons on board ships arriving in India (see Residence). Until proclamation by Governor-general in Council, all shij)s mentioned in the Act 3 Sc 4 W. 4, c. 59, as also all otlier siiips or vessels described in Act of 55 G. 3, c. 116, to have and enjoy the same privileges as were thereby given to such ships or vessels ... 3 & 4 F. c. 56, s. 1 518 For all purposes of indemnity and discliarge from actions, suits, prosecution^, &c., and for confirming and giving validity to sales, assignments, con- tracts, &c., this Act to have same force and effect as if the 55 G . 3, c. 116, had never been repealed ... ... ... ... i-. 2 519 Governor-general in Council by proclamation to declare what ships shall be considered British, to make regulations to be enforced bv penalties, with respect to registering, licensing, and ascertaining admeasurement of tonnage and burden, and generally for trade. Laws may be disallowed or repealed ; to be transmitted to England and laid before Parliament .V. 3 519 Ships or vessels belonging to Native Princes or States, in alliance witii, or having subsidiary treaties with the Company, or owned by subjects of such Princes or States, may be admitted to privileges and advantages of British shi])s for purposes of trade witliin tiie Company's limits, in- cluding the Cape of Good llojie ... ... ... .V. 4 520 Legal validity and effect given to acts of (iovcrnors of Presidencies in refer- ence to trading of vessels exceeding 350 tons, built in ports within the Company's limits, since 1st January, 1816, and owned by British sub- jects, or owned by Native I'rinces or States in subordinate alliance with or having subsidiary treaties with the ('ompany, or by the subjects of such Princes or States ... ... ... ... •'■■•5 ih. Provisicms and remedies in Act of the 3 & 4 W. 4, c. 55, for registering British vessels, as respects the wilful detention of certificates of registry. or the absconding of any person in possession of the same, to extend to and be in force in the territories undiT the Company's Govermnent .v. 6 ih. Matters directed to be performed by said Act before (Joveniors, &c., of any particular place where vessel may be registered, may be done or ptr- 750 Shipping — continued. PACK formed in Company's territories in presence of Governor-general, Governors of Presidencies, or Governor of Prince of Wales' Island, or the resident Councillors at Singapore or Malacca 3 & 4 F. c. 56, s. 7 520 Proceedings touching the force and effect of registers granted to any ship or vessel may be stayed until the pleasure of the Crown shall be known. Authenticated copy of the proceedings in every such case, with reasons of Government for causing the same to be stayed, to be transmitted to Court of Directors, and by them to Board of Control, to be laid before her Majesty in Council ... ... ... ... s. 8 521 term " Limits of the East-India Company's Charter," for purposes of Act, to be construed to mean all places and seas eastward of the Cape of Good Hope to the Straits of Magellan ... ... s. 9 ib. SiKGAPOUE transferred to the Company ... ... 5 G. 4, c. 108, s. 1 252 Provision may be made by Crown for administration of Justice in 6 G. 4, c. 85, s. 19 264 Annexed to Prince of Wales' Island ... ... ... *. 21 265 Slavery Abolition Act not to extend to territories of the Company, Ceylon, or St. Helena ... ... ... 3 & 4 W. 4, c. 73, *. 64 408 Slaveky in India. Governor-general and Council forthwith to take into consideration means of mitigating and extinguishing slavery, and to prepare and transmit to Court of Directors drafts of laws for the purpose, due regard beino; had to laws of marriage, and rights and authorities of fathers and heads of families; no such law to be promulgated or put in force without previous sanction of the Court of Directors. Report of draft of regulations and proceedings of Directors thereon to be laid before both Houses of Parliament within fourteen days after their meeting ... ... ... 3 & 4 TF." 4, c. 85, i-. 88 433 Society General (see General Society). Sodomy {see Offences against the Person). South Sea Company. Governor, Deputy-governor or Director not to be Governor, &c., of the East-India Company at the same time 9 Anne, c. 21, s. 61 17 St. Helena granted to East-India Company, 16th December, 1674 ... ... 1 Slavery abolition Act not to extend to ... 3 & 4 IK. 4, c. 73, j'. 64 408 Island transferred to the Crown by Act 3 & 4 ]V. 4, c. 85, s. 112 438 Civil servants there eligible to offices in any Presidency in India i'. 113 ib. Stamps (see Bond Debt, Debt, India Territorial, General Court). Stock, Capital. — £2,000,000 raised upon a fund for payment of annuities at the rate of £8 per cent, per annum, to be called the Common Capital and the Principal Stock ... ... ... ... (Charter) 1 Books of account of the principal and additional stock to be kept by an accountant, to be attested upon oath if required ... ... ib. 8 Mode of assigning or transferring stock in person ... ... ib. 9 ■ by letter of attorney ... ib. ib. may be devised by will ; but the devisee not to transfer or receive any divi- dend imtil a memorandum or entry of so much of the will as relates to the Stock is made in a book to be kept for that purpose ... ib. ib. 751 Stock, Capital — continued. PACE to be a personal and not a real estate ... 9 & 10 IF. 3, c. 4-1-, «. 71 14 Dividends exempt from taxes, &c. ... ... ... *. 72 ib. No i\Iember to be liable to be a bankrupt in respect of his stock only j. 74 ih. Not liable to foreign attachment ... ... ... ... ib- ib. £1,200,000 to be raised to enable her Majesty to carry on the war, to be considered a further addition to the capital stock, and to be tax free 6 Anne, c. 17, s. 4 17 Collusive transfers to qualify voters at elections, and all securities affecting them, void 13 G. 3, c. 6;3, *. 3 26 Persons voting by virtue of collusive transfer, and afterwards re-transferring stock, to forfeit £1,000 ... ... ... ... ib. 27 No Proprietor to vote at any election in respect of stock amounting to less than £1,000, nor till possessed twelve calendar months in his own right, not in trust, and free from incumbrance; excepting stock acquired by bequest, marriage, or succession to any intestate's estate, custom of City of London, or by deed of settlement after the death of any person entitled for life to the dividends of stock ... ... ... ib. ib. £3,000 stock entitles a Proprietor to two votes, £6,000 to three votes, and £10,000 to four votes ... ... ... ... *■ 4 ib. Mav be increased to £4,000,000; the new stock to be subscribed at £160 per 'cent ... 26Geo.3,c. 62 74 Company emjKJwered to increase their capital stock by an addition of i?l,000,000 ; and provision granted to receive subscriptions for the in- creased amount at the rate of £170 per cent. ... 29 G. 3, c. 65 76 Increased to £6,000,000, to be raised at the rate of £200 per cent. 33 G. 3, c. 47, s. 8 to 13 78 Company empowered to enlarge their capital stock by iG'2,000,000 37 G. 3, c. 31 117 (No increase took place under Act 37 G. 3, c. 31, and the Company were permitted by 47 G. 3, c. 41, to raise the required sum on bond, see note page 413). Court of Equity may order tranfer of stock, or payment of dividends to jiartics in a suit, and issue injunction to restrain transfer or payment, although Company not party to suit ; certificate signed by jiroper oificer, stating amount of stock or dividend, and in whose name standing, and (if recjuired, but not otherwise) when any part of it was transferred, to be delivered on due application, for which payment of 2s. 6d. shall be made; Act not to extend to any case where any further discovery is wanted, nor to any case in which Company claim an interest, but in such cases Company to be made j)arty to suit ; if special matter shall arise whicii may aflect interests of Company, or which may be objected against any such transfer or payment ; it may be stated by motion or petition, and process to be suspended until final order; in suits pre- viously depending, when Company may have ])ut in answer not elaimmg any interest, no further proceedings to be had against them, as parly \ 752 Stock, Capttai. — conthmed. PACK and costs may be taxed, subject to further orders as to final payment 39 & 40 G. 3, c. 36, *. 1 ^ 4 131 to 133 Stock taken by direction of the Court of Excliequer, or Lord Chief Baron, to be in name of Accountant-general, and the particular trust to be specified in the security ; on death or resignation of Accountant- general property to \est in his successor ; when money is ordered by Court of Exchequer to be invested, the security shall be specified ; if East-India stock, it shall be transferred into name of Accountant- general, transfer to contain an entry or declaration of trust in the books, and Accountant-general shall take a certificate from the proper officer of the Company for delivering to the Bank ; one of the cashiers of the Bank to receive interests and dividends ; when Court order sale or transfer of stock, a certificate of the decree or order to be signed by the clerk of the reports, shall be delivered to the proper officer of the Company, which siiall be a sufficient authority for the transfer. If Accountant-general incapacitated from acting. Court may direct the otiier Master of tlie Court, eitiier generally or speciallv, to perform his duties. Forgery of handwriting of Accountant-general, or other officers of Court of Exchequer, or of cashier of Bank, or of any officer of Com- ))any, body politic or corporation, whom it may concern, punisiiable by law ... ... ... IG. 4, c. 35 222 /o 228 Stock of any public Company standing in the name of trustee becoming bank- rupt, Lord Chancellor may order to be conveyed to other persons on the same trusts, or such of them as mav be then subsisting, and profits, interests, dividends, &c., to be paid over as the. Lord Cliancellor shall direct ... ... ... ... 6 G. 4, e. 16, s. 79 254 Stock in which bankrupt is beneficiallv interested, Commissioners may order to be trani-ferred to assignees, and dividends to be paid to them, which order shall be an indemnification for such transfer and payment s. 80 lb. When standing in name of an infant beneficially entitled thereto, Lord Chan- cellor n;av direct dividends to be paid to any person for benefit of infant; the person to wiiom payment is directed to be made being named in the order, and the receipt of such person to be effectual 11 G. 4 & 1 W. 4, c. 65, s. 32 347 Where standing in nan.e of, or vested in person of lunatic, or of Committee of estate of lunatic ; Lord Chancellor may direct such person as he may appoint to transfer stock into name of new Committee, or of Accountant- general of Court or otherwise, and to receive and pay over dividends, such transfer and payments to be valid ... s. 33 & 34 347, 348 Powers given to Court of Chancery and Lord Chancellor of England to extend to all his Majesty's dominions except Scotland, and may be exercised bv Lord Keejjer, or Commissioners of Great Seal s. 36, 39, 42 848 Power given to Court of Chancery by this Act may be exercised by Court of Exchequer ... ... ... ... ... s. 37 ih. In all orders for transfer of stock, the person to be named shall be some 753 Stock, Caimtal — contuiued. TAGT. Officer of t!ic Comj)any in whose books such transfer shall be made 11 G. 4 & 1 jr. 4, c. 65, s. 43 348 Act to be ail indemnity and discharge to all Companies, their officers, and servants ... ... ... ... ... s. 44 ib. Forgery (see Forgery) ... ... 11 G. 4 & 1 IF. 4, r. 6G 349 Dividend of oClO lOs. percent, per anuuni on the existing- amount of eajjital stock to be paid out of Indian revenues; to be payable half-yearly, on 6th January and 6th July ... 3 Sc 4 IF. 4, c! 85, s. 11 413 Dividend to be redeemable by Parliament after 30tli April, 1874, at the rate of £200 per cent., together with jiroportionabie part of dividend, if redemption take j)lace, except on one of the half-yearly days of jiay- ment; twelve months'' notice in writing to be given by tlic Speaker of the House of Commons of the intention to redeem ; if C;)m]iany cease to retain territory and government after 30th A|)ril, 1854, tliey may within one year thereafter demand the redemption of tiie dividend, and provision for the redemption at the above rate shall be made within three years ... ... ... ... *■ 12 & 13 413,414 Security for redemption of dividend (see Security Fund), . Dividenil to l)e paid in preference to all other charges ])ayable in Great Britain ... ... ... ... ... ... s. 17 415 Stock belonging to an insolvent debtor, standing in his own name, may be charged bv order of a Judge with the )iayment of the amount for wliieli judgment may have been entered up in any of iier IMajesty's Superior Courts at Westminster ; order of Judge to be made in first instance e.v parte, and on notice to Company, to operate as a dinfrhifjaii 1 & il V. c. 110, .V. 14 & 15 474, 475 Court for relief of Insolvent Debtors may order transfer to assignee of iiisol. vent, of stock standing in his name in his own right ... j. 54 475 3 & 4 r. r. 107, s. 42 535 Provisions c.f At 1 & 2 V. c. 110, as to property of judgment debtors, extended to the interest of such debtor in stock, wiietlier in jiossession, remainder, or reversion, and whether vested or contingent 3 & 4 I', c. 82 523 Storks, Military a\i) Naval. Company may ship out stores of war, dutv friv, if duties do not exceed .C300 in one year ... 7. G. 1, c. 21, ,v. 13 IS Sugar (see Customs). Sumatra {see Transportation). Si'i'iiRANNUATiON allowances to officers of the Board of Control. His ^Majesty may grant allowances, compensations, remunerations to officers of the Board, in conformity with 50 G. 3, c. 117, s. 12, to be paid by tlk' Comp.iny ; previous service iindir theCom})any to be reckoned in computing jierioil of se:' vice ... ... ... .53 G. 3, c. l.>j, .v. ;)Kv 92 186 (The condition and proportion of such superannuations are the .same as those fixed by 93 sec. of this Act for oHiens and s'.'ixaiits of the Fast-India ('om|)any). to oHieers of Company in l'',Mglaiid discpiaiified by age or iniirunl\- iiim\ Ix* 6d 754 I Super AXNUATiox — coyitinned. granted by Court of Directors ; to any officer under sixty years of ag disabled by age or infirmity, and having served ten years, any annual sum not exceeding one-third of his salary and allowed emoluments; above ten years and less than twenty, one-half ; above twenty 'years, two-thirds ; an officer above sixty years having served fifteen years (without proof of infirmity) two-thirds ; sixty-five years of age and havinw served forty years, three-fourths ; sixty-five years of age, and havino- served fifty years, the wliole ... 53 G. 3, c. 155, s. 93 186 Accounts to be laid before Parliament (see Parliament). ... s. 94 187 SuDDEU Ameens from 31st March, 1836, no person incapable of being a Principal Sudder Ameen, Sudder Ameen,or MoonsifF, by reason of place of birth or descent; liability of British-born subjects of the Crown, or their descendants, who shall be appointed Principal Sudder Ameens, Sudder Ameens, or Moonsiffs, and the tribunals to which they are amenable 608 (Regulation Government of India, No. 8 of 1836, in Appendix). Native Judicial functionaries at Madras and Bombay to be in future called Principal Sudder Ameens, Sudder Ameens and Moonsiffs ; from 1 Nov. 1836, no person incapable of being appointed by reason of place of birth or descent ; no person to be exempt in any civil proceeding from the jurisdiction of the Assistant Judges under Bombay Presidency (Act of Government of India No. 24 of 1836, in Appendix). 616 SoPREME Courts {see Courts of Judicature). Surgeons and Assistant Surgeons in service of Company may practice as Apothe- caries in England and Wales without examinations and certificate — pre- scribed by 55 G. 3 ... 6 G. 4, r. 133, s. 4 971 Suspected Persons {see Governor-general and Council of Fort William, and Govern- ments Subordinate). Tea. Enactment requiring Company to keep a stock repealed 3 & 4 W. 4, c. 85, s. 114 438 {See also Customs). Territorial Debt of India {see Debt) Territorial Possession, Revenues and Government of India to remain in the possession of the Company till the 1st February, 1769, on payment into his Majesty's Exchequer of de400,000 7 G. 3, c. 57, *. 1 & 2 24 Period extended to 1st February, 1774, on payment of a like annual sum during such extended period ... ... 9 G. 3, c. 24, *. 1 & 2 ih. Period further extended till certain advances of money were repaid 13 G. 3, c. 64, s. 13 38 Debt of £1 ,400,000 having been repaid, the period extended till 5th April, 1780 19 G. 3, c. 61, *. 1 42 to remain with the Company till 5th April, 1781 20 G. 3, c. 56, s. 1 44 Secured to the Company till three years' notice after 1st March, 1791 21 G. 3, c. 65, s. 8 45 =_ Further continued till 1st March, 1814 ... S3 G. 3, c. 52, s. 1 79 7 05 Teuritoriai. Possessiom, &c. — continued. TACE Continued for a period expiring on three years' notice after 10th April, 1831 53 G. 3, V. 1.55, s. 1 167 - to remain under the Government of the Company till 30th April, 1854 3 & 4 W. 4, c. 85, s. 1 410 Trade. No Governor-general, Governor, or Member of Council, nor any j)erfon en. S., & G. S., M. R. A. 9., &c. Pro/tssor of Materia Ahdica and Therapeutics^ }Ciny^6~CoUege. iJloto ©omplctc, toill) ^ScautifuHH^ffioIorctf plates, In Two Volumes, Imperial quarto, half morocco, extra. Price £11 lis. •»• ANT OP THE PARTS UAY BE HAD SEPAKATELY, TO COMPLETE SETS. This Work beinpf now concluded, it is desirable to give a fuller idea of its contents than can be obtained from its title, llie Himalayan Mountains, forming the stupendous barrier between the dominions of the British and of the Chinese, and having their south-western bases resting on the heated plains of India, abound in all the forms of Animal and Vegetable Life, characteristic of Tropical Countries in general, and of India in particular. Their gradually-elevated slope, supporting vegetation at the gi'eatest known heights, aH'ords, at intermediate elevations, all the varieties of temperature adapted to forms, considered pecidiar to very different latitudes. A gradual ap])roach is thus observ'cd to take ])lace to the Animal and Vegetable forms common in Europe, China, Japan, Siberia, and North America. Dr. RoVLE, while Superintendant of the Honourable East India Company's Botanic (Jarden at Sahamnporc, within 30 miles of the Himalayas, had great advantages in becoming acquainted with the Natural History and Products of these Mountains. He made Meteorological Observations, collected Geological Specimens, and skins of the Mammalia and Birds, together with Insects, and about 4,000 species of Plants in the Plains of India, and in the Himalayas, as far as Cashmere. Drawings were made of the most interesting of these by the East India Company's Establishment of Painters. To shew the connection between the different branches of Natural History, and their dcpcndance on the Physical Features, Soil, and Climate of the Country, the work has been dividctl into two Parts. The Introductory portion treats, first, — of the Physical Geogkai'UY of the Plains and IVlountains of WORKS RELATING TO INDIA, I I India, dwelling especially on the results of the Surveys of the Himalayas, (of which a view from the vicinity of Almoiah is given in the Frontis- piece,) and the Travels of Messrs. Turner, Moorcroft, and the Gerards, with notices of the elevations of the highest Peaks and Passes. This is followed by a view of the Geological Features of the Plains and Mountains, illustrated by a Plate of Sections, (in which the Author was assisted by Mr. De La Beche,) and three plates of Fossil Plants and Animals, containing 54 figures. Tlie Meteorology is next treated of, and the climate of the Tropics compared with that of the Plains and Mountains of India, with tabular Views of the monthly and diurnal range of the Barometer and Thermometer in the Plains of India. The characteristics of Himalayan Climate, consisting of mildness, and equability of Temperature and of Pressure, at such elevations as Simla and Mussooree, resorted to by Europeans for the recovery of health, are then given. The Physical Features, Soil, and Climate hai-ing been noticed, a general view of the Geographical Distribution of the Plants and Animals which these are calculated to support, is treated of in an Introductory Chapter, in con- nection vnth the Cultivation at different seasons and at several elevations. The Botany itself is arranged according to the Natural System, under the heads of 207 families, illustrated by colored plates of 197 Plants. The observations on each Family consist of a notice of its Geographical Distribution in different parts of the world, an enumeration of the Genera and remarkable species found either in the Plains and Hot Vallies, or in the Mountains of India ; and the Vegetation natural to different parts of India is compared with that of other countries enjoying similar climates. This plan was adopted, as giving the most interesting and important general results, and as leading to a just appreciation of the influence of Physical Agents on Vegetation, and as elucidating those principles which require to be attended to in the Culture both of new Plants, and of old Plants in new situations. It also afforded great facilities in treating of the properties of Plants as connected with structure, and for showing the immense resources of British India, and the probable means of still further increasing them. The subjects of Agricultural aird Commercial importance which are more fuUy treated of, are Tea, Cotton, and Tobacco ; and the probability of the first being successfully grown in the Mountains, and the two latter in the Plains, is shown by ajtplication to Practice of the principles of Science. Also Hemp, Flax, and the Cordage Plants; and, among Medicines, the Cinchonas, Ipeca- cuanha, Sarsajiarilla, Senna, Rhubarb, and Henbane, -nith many others. As articles of Culture and Commerce, various Timber trees. Gums, Resins, Caout- chouc, Astringents, Dyes, Vegetable Oils. Fruit Trees, the Olive and Carob Trees, Corn and Pasture Grasses, Salep, Arrow-Root, and other articles of diet, are pointed out. As subjects of Classical Interest elucidated, may be noticed Lycium, Agallochum, or Eagle Wood, Calamus Aromaticus, and Spikenard of the Ancients ; also their Costus, which is the Puchuk of Commerce. In connection mth the Climate and Vegetation, it is interesting to notice the Animal Forms, and this has been done in two able papers, one on the Entomology of India, and the Himalayas, by the Reverend F. W. Hope, President of the Entomological Society, which is illustrated with two colored plates of 20 insects, and the other on the Mammalogy of the Himalayas, by W. Ogilby, Esq., Secretary of the Zoological Society ; this is illustrated by a figure of Lagomys, (new species,) and also by two of Deer. A hst of the Birds in the Author's Collection is also appended, and two plates, one of Birds of Tropical Fonns found in the Himalayas in the rainy season, and the other of Himalayan Birds of European forms are given. As the work contains so much of detail as well as of General Views it would have been comparatively useless without easy means of reference. This has been supphed by an Analytical Table of Contents, and by Alphabetical Indexes at the end of the book, extending to 34 pages ; also an Alphabetical List of Plates for the Second Volume. PUBLISHED BY Wm. H. ALLEN AND CO. NOTICES OF THE WORK. " It is not too much to say of this very remarkable work, that it is indispen- sable to all who would acquire a knowledge of the vegetation, climate, and soil of the north of India." — Athenaum. " This work unquestionably contains a greater amount of valuable practical information upon useful mutters than any work yet written upon the foreign posses- sions of any other European power." — Dr. hiniUeij in Botanical Reyister. " The observations respecting the geographical description of the Flora of Northern India are very interesting; and the work will be valuable in supplying a lich mass of facts on" the Natural History, of a part of the world of which our know- ledge has hitherto been very vague and partial." — Loudon's Gardener's Magazine. " We may now congratulate the public on a great blank in the physical geography of India being satisfactorily tilled up by the appearance of this important work. The plates are remarkably good." — Asiatic Journal. " A perusal of the very interesting letter-press, and a careful examination of the well- engraved and beautifully-colored plates of lliiualavan plants and animals fully realize the very favorable opinion we expressed of Mr. Kotle's Illustrations, an 0|)inion founded on the well-knuvvn and highly-esteemed practical skill of our author as a naturalist, and his activity and intelligence as a traveller." — Jameson's Edinburgh I'hilo.. sophical Journal. "Replete with varied and important facts and inferences, no one can peruse this work without advantage and great satisfaction. So perfect do we regard this work in all its departments, that we are sensible of no desideratum, except that of the remaioiag portion of it, which, we trust, will speedily be laid before the public. The plates are very beautifully executed and colored." — London Medical Gazette. " A mote valuable contribution has rarely been made to the science of Natural History than by the splendid wiirkofMr. J. Foudes UoYLE. The work, in sllort, is highly deserving of public patronage." — Times. " Of this region, (the Himalayan) an invaluable account is given by Mr. Roylb in the above work, to which we are indebted for the principal part of our data regard- ing the vegetation of India." — Penny Cyclopadia. " The constant attention which is paid in this work to useful matters, and the skilful manner In which general views are made to bear upon particular cases of practical value, render it of immense importance to all who have a stake in our Indian possessions. We particularly refer to the articles on Cotton and Tea, both which deserve the most serious attention of the Indian Government. The value of such a work is scarcely to be appreciated." — Atlienieum, 1831, Second Notice. " Such an authentic and almost official book, in express contribution to an ex- tension of our information, must be welcome, must be valued, must be taken into possession." — Loudon's Magazine of Natural History. " We feel justilied in pronouncing this to bo by far the most valuable practical work which has yet been published with reference to the vegetable resources of the British territories in Asia; and the most calculated to show how the vegetable kingdom ia capable of extending our revenues in the most valuable part of our Colonial possessions." — Asiatic Journal. Second Notice. " We rise from an attentive examination of this work, in doubt whether the botanical knowledge which It displays and imparls, or the patriotic spirit which pervades It, calls fur the higher adinlratiim. We are, however, certain that every Botanist who desires to demonstrate what are the practical uses of his study, may appeal to It wllh satisfaction, to shew its bearings upon ihe allalrs of life ; while the Merchant who Is interested in the produce of the East should patronize it, as contributing largely to promote a just knowledge of the resources of that vast empire, the improveiuent of which would materially increase the commercial greatness of Britain and of India." — London Medical Gazelle, Second Notice. " No one who would ho acquainted either with the ornnmental, the cultural, or the medical qualllles of the Indian Flora, can dispense with the pnsscBsluu of lia. Royle's bighly-vuluablo labours." — Journal oj' the Asiatic Society of Bengal. "Mr. Uoyle's work presents a must systematic and complete view of the Natural WORKS RELATING TO INDIA, History of those Regions which, though the first that has been given to the world, will probably long remain the best. Instead of being one to be prized by mere botanists or geologists, it is likely to have the warmest admirers among the politico-economical class, whose principal care is how to increase the " Wealth of Nations." Its contents are of so generally-interesting a nature that it can hardly fail of obtaining a very extensive share of popularity." — Mechanic's Magazine. " We highly recommend this publication to our readers, containing, as it does, not only an ample store of information respecting the natural productions of the Himalayas, but also the best general view of the physical features of those mag- nificent mountains. "^Loiidoi and Edinburgh Philosophical Magazine and Journal of Science. " The work is chiefly addressed to the scientific naturalist, but contains much that is also interesting to the more general student, as well as a vast number of interesting statements regarding a most interesting portion of the globe." — Journal of the Royal Geographical Society. " This will be found to be one of the most scientific and comprehensive worlis of the kind that has ever been published." — Arboretum Britannicum. *' The text is rich in original details, as well as in elaborate scientific researches ; and every thing bearing on the Materia Medica, whether as acknowledged iu the schools, or as existing only in the written dispensatories of the natives of the country, is studiously noticed "•— British and Foreign Medical Rei'iew. " Dr. LiNDLET, on the subject of Geography of Plants, after referring to the works of Brown, Humboldt, De Candolle, and Schouw, refers his readers to "Rovle's most instructive Work on the Flora of Northern India, and of Cash- mere." — Introduction to Botany, Second Edition, p. 52.3. " We strongly recommend this work, not only to botanists and horticulturists, but to readers generally, as full of instructive matter, agreeably placed before them, on subjects in which all are inleresied."— Loudon' i Gardener's Magazine. Second Notice. By the same Author, AN ESSAY ANTIQUITY OF HINDOO MEDICINE ; INCLUDING AN Introductory Lecture to the Course of Materia Medica and Therapeutics, delivered at King's-College. 8vo. 6s. 6d. boards. " This very curious volume has been already so fully noticed in the different literary and medical journals, that we have only the agreeable duty of recommending it to the notice of our general and medical readers." — Edinburgh New thilosophical Journal. " A work of immense research and erudition." — Medico Chirurgical Review. " The existence, then, of a School of Medicine in Hindostan, prior to the age of Dioscorides, or even of Hippocrates, to the extent of this portion of knowledge, (Materia Medica,) becomes matter of demonstration. We cannot pretend to trace the variety of proofs which Dr. Koylk produces to make out his case. For this purpose he ransacks the history of Medicine, as it existed among the Persians, Arabs, and Greeks ; all of whom he shews to have obtained much from the Hindoos, whose science, therefore, must have been anterior to theirs. He brings, likewise, a number of facts, derived from Hindoo literature, to shew not only the culture of Medicine, but of Philosophy, the fine and useful arts, and Mathematics, at a veiy remote period. He further enters into the details of early commerce, and brings together numerous proofs that the Egyp- tians, Phoenicians, Jews, and Arabs, had constant communications with India. To detail tkts», would be to quote the entire volume." — Aihtnaum. PUBLISHED BY Wu. H. ALLEN AND CO. 2. A VIEW OF THE EVIDENCE Given before a Select Committee of the House of Commons, on a Petition from the East India Comfany, praying for Relief to India in reference to unequal Duties and other grievances ; wiih NOTES, containing portions of the Evidence given on the same subjects before a Select Committee of the House of Lords. Royal 8vo. 3. ACHEEN, AND THE PORTS on the NORTH and EAST COASTS OF SUMATRA ; With Incidental Notices of the Trade in the Eastern Seas, and the Aggressions of the Dutch. By JOHN ANDERSON, Esq. Late of th« Hon. East India Company's Civil Service at Penang, Singapore, & Malacca. 8vo. cloth boards, 7s. Gd, 4. CHAPTERS OF THE MODERN HISTORY of BRITISH INDIA. By Edward Thornton, Esq. Author of " India; its State and Prospects." 8vo. cloth boards, lettered. £1. Is. "This is a valuable work, the result of much buowledge and much thought, containing con.siderable matter, and displaying tlironghout an animated, and so far as the Rraviiy of the subject admits, a not ungraceful style. 'J'he reflections of the Author are judicious, and his opinions upon men and ereBts unprejudiced and impartial." — Spectator. "The book is full of solid information.*' — Examiner. 5. TRAVELS IN WESTERN INDIA, Embracing a Visit to the Sacred Mountains of the Jains; and the most cele- brated Shuines of the Hindoo Faith, between Rajpootana and the Indus ; and an account of the ancient City of Nehrwalla. By the late Lieutenant-Colonel JAMES TOD, Author of "The Annals of Rajasl'han." Royal 4to. cloth. Price £3. 13s. 6d. •^* This Woik is embellished with Nine Plates and ^'ignettes, beautifully engraved from Sketches by Mrs. Hunter Blair. " A work which must be regarded as tlie most important, tlio most full, and the most intereBlIng that has ever appeared upon Western India." — il/as, " As a sequel to the ' Annals,' the present publication takes it place amon^ the most valuable contribu- tions to our knowledge of India." — Literary Oazctie, 6. The BUCHANAN PAPERS. The HISTORY, ANTIQUITIES, TOPOGRAPHY, & STATISTICS OF EASTERN INDIA; Comprising the districts of Btliar, Shnhabml, Bhai/ulpore, Gorukpore, Dinajepore, Puraniija, Rumjpure, and Asiam, in relation to their (jeoloyy, Mincraloyij, Bulamj, AyricHttute, Commerce, &c. &c. Sutveycd under the orders of the .Supreme Govern- ment, and collated from the original documents at the East India House, by MONT- GOMERY MARTIN. Complete in 3 vols. 8vo. with numerous plates. £3. 12s. cloth boards, lettered. "This work is now concluded, and wo con only repeat our previous opinion, that it is one of the most Taluable additions to the litcruturo of the picsont