Page images
PDF
EPUB

And for the more speedy and esfectual punishment of osfences committed in India, by persons employed in the service of the said Company, be it enacted by the authority aforesaid, That whenever any charge of corruption, peculation, oppression, extortion, receipt of presents, usury, breach of orders, or other jrrievous offence, shall be exhibited or made before the Governor General and Council of Bengal, or the President and Council of any of the Presidencies or settlements abroad, of the laid United Company, and transmitted from thence to the Court of Directors, hereby discontinued, or to the said Directors hereby appointed, against any of the said Governors, Presidents, or Members of the Council, of any of the said Presidencies or settlements of the said United Company, or others, in any office, station, or employment, civil or military, in the said United Company's service; or which shall be exhibited or made by any .of the native Princes dependent upon, or under the protection of the said United Company, against any such person or persons; the said Directors hereby appointed, shall, within twenty days after the fame shall be received, enter into an examination of such charge; and if, upon, or in consequence of such examination, such Directors shall not think proper either to recal or order a prosecution against such person so charged, each and every such Director, making such examination as aforesaid into such charge, shall enter in writing, and subscribe with his name, in the journals of such Directors, his opinion on the validity and importance of such charge, with his specific reasons, on the particular cafe, for not recalling the person so charged, or for not ordering a prosecution upon such charge.

And be it further enacted by the authorty aforesaid, That before any person or persons whatsoever, who have been, are, or shall hereafter be, in the service of the said United Company, in any ossice, station or employment whatsoever, civil or military, in any of the Presidencies or settlements of the said United Company abroad; and who have been, or are, or shall be, in Great Britain after such service abroad; and against whom any charge shall appear upon any of the Company records, or shall have been made ro the said Court of Directors hereby discontinued, or General Court of Proprietors, or shall be made or exhibited to the said Directors hereby appointed; shall be permitted by the said Directors hereby appointed to return to any part of India, either in the fame or in any other office, station or employment, in the service of the said United Company; and also, before the said Directors hereby appointed shall consirm the appointment, or suffer the departure from Great Britain for India, of any person or persons who may have been, or sliall be, appointed to any office, station, or employment whatsoever in the service of the said United Company, and against whom any such charge shall appear, or shall have been made, or shall be made as aforesaid; and also before the said Directors hereby appointed, shall themselves appoint any person, having before been in the service of the said United Company, to any ossice, station, or employment whatsoever, in the said United Company's service, and against whom any such charge shall appear, or sliall have been made, or shall be made as aforesaid; the said Directors hereby appointed shall, and they are hereby required to make a full and particular examination and enquiry into the conduct os every such person, relative to the said service, and the subject matter of such charge; and shall enter on their journals their reasons for permitting any such person to return, or consirming the appointment, and permitting the- departure, of any such person, or for

themselves themselves appointing any such person (as the cafe may be) notwithstand* ing such charge.

And be it further enacted by the authority aforesaid, That in case of any disputes, disferences, or controversies whatsoever, which have arisen and are depending, or which shall or may hereafter arise, between the Governor General and Council of Bengal; or betweeh any of the Presidents of any other of the settlements of the said United Company, and their respective Councils; or between any of the subordinate Chiefs and their Councils; or between the government of one settlement and the government of any other settlement; or between any of the Governors or presiding powers of any of the subordinate settlements; the said Directors hereby appointed shall, within twenty days after the receipt of any ossicial account of any such dispute, disference, or controversy, enter upon an examination and enquiry into the same; and shall,! within three months thereafter, either come to a desinitive decision, thereupon, or enter upon their journals their reasons, signed with their respective names, for not coming to such desinitive decision.

And be it further enacted by the authority aforesaid, That if at any time the Governor General and Council of Bengal, or the President and Council of any of the principal or subordinate settlements, shall require the direction or opinion of the said Directors hereby appointed, on any matter whatsoever for the government of such Governor General and Council, or President and Council, or for the settlement or accommodation of any matter in dispute, or likely to come into dispute, between or among them, or any of them; the said Directors shall return an answer, opinion, or direction, to such requisition, within three months after receiving the letter or letters containing the fame, or enter upon their journals their reasons signed, with their respective names, for not sending the lame within the time aforesaid.

And be it enacted by the authority aforesaid, That if at any time complaint shall be made of any breach of treaty, injury, wrong, or grievance, done or committed against any native Prince in India, by any of the governments of the said United Company's settlements, or any ossicer or other person, civil or military, in the service of the said United Company; or if any such breach of treaty, injury, wrong, or grievance, shall (without complaint being made thereof) appear upon any part of the correspondence relating to the said United Company's asfairs; the said Directors hereby appointed {hall, as speedily as may be, enquire into such breach of treaty, injury, wrong, or grievance; and shall begin their examination into the same, by reading and considering any treaties, agreements, or assurances, subsisting between the said United Company and such native Prince, or any way relative to him, if any such there shall be, or any orders which may have been given by the Court of Directors hereby discontinued, or General Court of Proprietors, relating to such native Prince; and the said Directors hereby appointed, shall do full and complete justice to such native Prince for such breach of treaty, injury, wrong, or grievance, and on every material article and head of charge (if there be more than one) specisically, and not upon the whole of such charge in gross.

And be it further enacted by the authority aforesaid, That three, and not less, of the said Directors, shall form a Board for executing this act, or any of the powers thereof, or any other powers vested in or committed to, or which shall be vested in or committed to, such Directors, and the major part of the said Directors present shall determine, except where the voices shall be

Vol. XIII. Tt equally equally divided, and then the Chairman, or in his absence, the Deputy Chairman, (hall have t+vo voices, or the casting voice.

And be it further enacted by the authority aforesaid, That all the correspondence of the said Directors hereby appointed, with all persons whatsoeveE in the service of the said United Company, shall De signed by the Secretary of such Directors, by order of the Board.

And whereas by virtue of the charter of the said Company, and the regulations which have from time to time been made for the better government of the said Company, it is required, that certain Acts stiould be done or consented to, and that certain accounts should be signed by a particular number of the Direchjis hereby discontinued, be it therefore enacted by the authority aforesaid, That in all cases whatsoever, where any act, matter, or thing is directed to be done or consented to, or any accounts or writing to be signed by the Directors hereby discontinued, or to be done or consented to, or signed by any particular number of such Directors, such act, matter, or thing shall, from and after the commencement of this act, be done or consented to, and such accounts or writing shall be signed by three of the Directors hereby appointed.

And be it further enacted by the authority aforesaid, That the said Directors hereby appointed, and Assistant Directors, and each and every of them, during the continuance of this act, shall be utterly incapable of taking, holding, or exercising-any office, station, or employment whatsoever, in the service of the laid United Company; and shall also be incapable of taking, holding, or exercising any other place of prosit from the Crown, during pleasure.

And be it further enacted, by the authority aforesaid, That it shall and may be lawful for his Majesty to remove any of the said Directors Hereby appointed, or assistant Directors upon an address of either House of Parliament.

And whereas a doubt may arise, whether the place of Director, when the fame fliall be held by any person, to be appointed by His Majesty, in manner herein before provided, be not within the provision of an act of the sixth year of the reign of Queen Anne, intitled, " An Act for the security of Her Ma

V jesty's person and government, and of the succession to the Crown of Great

V Britain in the Protestant line," although the said place shall have been created and erected by authority of Parliament: be it therefore enacted and declared by the authority aforesaid, That such office shall not be deemed and taken to be within the intent and purvieu of the said act;.nor shall any person accepting and holding the same, by au appointment from His Majesty, under his royal sign manual, be thereby disqualified from being elected, or sitting and voting as a member of the House of Commons.

And be it further enacted, by the authority aforesaid, That there shall be allowed and paid for and to each of the Assistant Directors, for so long time as he shall continue in the office, a clear yearly salary of five hundred pounds, payable by half yearly payments; and that the respective payments of the laid salaries shall be fluted and allowed in the account of the disbursements for the management of the affairs of the said United East-India Company.

And be at further enacted by the authority aforesaid, That this act and all the provisions herein contained, shall commence and take effect from and immediately after this act fliall have received His Majesty's royal assent, ■ and lhall continue, and be in full force for and during the space of four years.

. . A Bill

A Bill for the better Government of the Territorial Possessions and Dependencies in India.

WHEREAS great disorders have prevailed in the government of the British territorial possessions, and dependencies thereof in India; and the laws and lawful authority of this kingdonv have not been duly oteeyed by divers of the servants of the United Company of merchants trading- to the East Indies:

For remedy whereof in future, be it declared and enacted, and it is hereby declared and enacted, by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, tn this present Parliament assembled, and by the authority of the same, that there is not, nor hath been^ any privilege, authority, power, pre-eminence, or jurisdiction granted, or meant or intended to be granted, in and.by an act of the thirteenth year of the reign of His present Majesty, intitlecf, j" 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," or in and by any other act or acts whatsoever, or in or by any law or usage, whatsoever, for the Governor General and Council of Bengal, or ekher or any of them, collectively or individually , or ,any other person whatsoever in the service of the said United Company, which doth or shall in any manner exempt him or them, in the exercise of any powers or authorities whatsoever, from a strict and faithful obedience to the orders and directions which have been issied to or for them, from the late or any other Court of Directors, or which shall or may be'issued to or for them by the Commissioners named and appointed in an act of this session of Pslrliament, to manage and govern the affairs of the said United Company, instead of the said Court os Directors and General Court of Proprietors, or such other Commissioners as shall or may be lawfully appointed for exercising the powers given them in and by the said act.

And be it further declared and enacted, That all general or special orders of the Court of Directors of the said United Company, for the regulation of the conduct of the Governor General and Council of Bengal, or of any other President and Council, or of any other person or persons, in any other station, office, employment, or capacity whatsoever, in the service of the said United Company, shall be, and are hereby declared to be, rules by which the persons herein before described shall be governed and directed, until notice shall be given by the said Commissioners, of any alteration, revocation, or repeal of them, or any of them.

And whereas pretences have been used to evade the salutary regulations of the said act of the thirteenth year of his Majesty's reign, relative to rules, ordinances, and regulations, as if the provisions contained in the said act, relative thereto, were confined to certain forts and factories; whereby a power subject to no control has been exercised throughout the provinces of Bengal, Bahar, and Orissa; be it therefore declared and enacted, That all rules, ordinances, and regulations, which by the said act it is made lawful for the Governor General and Council of Fort William to issue, for the good order and civil government of the said settlement, under certain restrictions and provisions in the said act contained, were not, nor are meant or intended to be, confined only to such rules, ordinances, and regulations, as are made or issued for the government of, or relative to forts and factories, or other subordinate places in the (aid settlement only; but shall, and all.such restrictions and provisions are hereby expressly declared to extend, without any exception or limitation whatsoever, to all rules, ordinances, and regulations, as are made or issued for the government of or relative to forts and factories, or other subordinate places, in the said settlement only; but shall, and all such restrictions and provisions are hereby expressly declared to extend, without any exception or limitation whatsoever, to all rules, ordinances, and regulations, made and issued by the said Governor General and Council of Fort William, in whatever place, or wheresoever, or over whatsoever class or description of persons, the fame are to operate.

And be it further enacted by the authority aforesaid, That any such rule, ordinance, or regulations, shall not only be duly registered and published in the Supreme Court of Judicature, but an account or abstract of the true effect and substance thereof, and of every clause and provision thereof, in the Persian and Hindostan languages, sliall be registered and published, and affixed up in some commodious and conspicuous place, in each and every provincial Court within the provinces of Bengal, Bahar, and Orifla, or within the territory to which it relates.

And be it enacted by the authority aforesaid, That no delegation whatsoever of the powers of the Governor General and Council of Bengal, or of any President and Council of any other of the said settlements, shall be made or given to the said Governor General or President, or any other person or persons whatsoever; and in case the said Governor General, or any Member of the Council of Bengal, or any President or Member of the Council of any other of the said settlements, or any other person or persons whatsoever, shall be employed in the execution of any.special commission, the proceedings thereupon shall not be finally approved, and confirmed until a full report of the same sliall be made to the said Governor General and Council, or Pesident and Council, respectively; and the person or persons so employed sliall, upon the requisition or the Governor General or President, or any Member of the. said Council, deliver into Council his documents or vouchers in support of any particular fact or facts alledged by him to have happened in the execution of such commission, and in support of which documents or vouchers might have been had. v

And be it further enacted by the authority aforesaid, That all correspondence and communication whatsoever, of or by any resident, agent, or other person employed at the Court of any native Prince or State, or of or by any such native Prince or State, or any agent or minister of such native Prince or State, or of or by any Chief and Council of any factory or, subordinate settlement, or any of them, or of or by any collector of revenue, shall be addressed to the Governor General and Council, or President and Council, respectively; and all correspondence and communication whatsoever of or by any such person or persons, whether addressed to the said Governor General or his Secretary, or to any Member of the Council or his Secretary, shall be laid before the Council, after the same sliall be received.

And be it enacted by the authority aforesaid, That the Governor General of Bengal, and the President of any other of the said principal settlements in

India,

« PreviousContinue »