Page images
PDF
EPUB

India, may by his own authority, adjourn or postpone the consideration of any question whatsoever, in the respective Councils in which they preside, for the space of and no longer: Provided always, That such Governor

General or President shall not have power to adjourn or postpone the same question more than

And be it enacted by the authority aforesaid, That neither the Gevernor General and Council of Bengal, nor President and Council of any other of the said United Company's Presidencies or settlements in India, shall have power to cede to, or exchange with, arty native Prince or State whatsoever, any territory, which was in the posseflion of the said United Company, or of any of its dependent Prince3 or States, in or immediately before the year nor shall make or accept any acquisition whatsoever, whereby the territory of the said United Company shall be increased or extended, without orders or directions expressly for that purpose, transmitted by the said Commissioners appointed in and by an act of this present session of Parliament, for managing the affairs of the said United Company.

And be it enacted by the authority aforesaid, That it shall not be lawful for the said Governor General and Council of Bengal to invade, or enter with any armed force, or in any hostile or offensive manner, into the territory of any native, independent Prince or State in India, except upon intelligence, the credibility and importance'of which shall be allowed by a majority in Council, and so declared to be, in minutes subscribed by each Member composingsuch majority, upon the records of the said Council, that such Prince or State is about to attack and make war upon, or actually making preparations to attack and make war upon the territories of the said United Company, or of some of the Princes or States dependent therpupon.

And be it further enacted by the authority aforesaid, That neither the said Governor General and Council of Bengal, nor the President and Council of any other of the said Presidencies or settlements., shah have power to make any offensive alliance whatsoever, for the purpose of dividing or sharing any country or territory whatsoever, between or with the said United Company and any native Prince or State in India, without the express orders and directions, for that purpose pf the Commissioners aforesaid.

And be it further enacted by the authority aforesaid, That the said Governor General and Council of Bengal, or any President and Council of any other of the said Presidencies or settlements, shall not make or enter into any treaty or agreement whatsoever, to hire out to any native Prince or State in Jndia, any part of the British or 'native troops serving in India under the orders of the said United Company; nor shall make or enter into any new treaty or agreement whatsoever, to or for the keeping up of any body of such troops in any of the countries or territories of any of the independent Princes or States in India.

And be it further enacted by the authority aforesaid, That the said Governor General and Council of Bengal or any other of the Presidents or Councils of the said Presidencies or settlements in India, shall not appoint to, or employ in any office, place, or station whatsoever, any person whatsoever, native or British, who hath been or shall be removed from any office, station, or place whatsoever, for any misdemeanour, or oth;r offence, without authority for that purpose first had and obtained from the said Commissioners.

And be it further enacted by the authority aforesaid, That it shall not'be lawful for the said Qpvernor General and Council of Bengal, or any President dent and Council of any other of the said Presidencies or settlements in India, or any . Collector of Revenue, or Chief or other Member of any provincial or subordinate settlement in India, to let or rent any farm of land, or other thing whatsoever, to any Banian, native steward, or other native- servant whatsoever, of any Governor General, President, or Member of any Council, Collector of Revenue, or of any Officer in the Army, or of any Judge in the Supreme Court, or of any civil servant of the said United Company; and all contracts and agreements made contrary to this act, with any such Banian, native steward, or native servant, for the purpose of letting or renting any farm of land, or of other thing whatsoever, shall be deemed and taken to be for the account of the principal, or person in whose service such Banian, native steward, or native servant is; and such Banian, native steward, or native servant, sliall account to 'the said-United Company for the profits made by such farm of land or other thing; which profits mail and may be recovered from such principal, or person in whose service such Banian, native steward, or native servant was, at the time when such contract or agreement was made or entered into.

And be it further enacted by the authority aforesaid, That from and after all monopolies, rights of pre-emption, or preferences, by any authority, or upon an}7 pretence whatsoever, of any commodities or goods in any of the said United Company's settlements in India; shall be, and arc hereby declared to be contrary to law, and void.

And be it further enactt-d by the authority aforesaid, That no debt or balance exceeding in consequence of any advance to be made for the making of any manufacture, or for the purchase of materials, by any person making the same, or to any husbandmen or actual cultivator of land, for any raw commodity, sliall be recoverable in any Court, or by any action or suit Dt law, or by any compulsory or other process or means whatsoever, after the space of from the time of making the said advances: And that it (hall not be lawful to imprison in any common prison, or in any private house or out-house, any person whatsoever, for or by reason of any such advances, within the said space of or at any time afterwards.

And whereas in and by the said act of the thirteenth year of the reign of His present Majesty, it is enacted, That every present, gift, gratuity, donation, or reward, accepted, taken, or received, contrary to the true intent and meaning of the said act, sliall be deemed and construed to have been received and taken to and for the sole use os the said United Company. And whereas the said provision hath been attended with inconvenience, inasmuch as it has been pretended that the servants of the Company have liberty to take and receive presents, accounting to the said United Company lor the same: Be it therefore enacted by the authority aforesaid, That every such present, gift, gratuity, donation, or revyard, accepted, taken, or received, jf the same sliall not be corruptly, given to obtain any place or other object, to which the person giving the same shall not be entitled, sliall be returned or're-delivered to the person, giving the same, or his representatives, according to the custom of the country; and such, person, or his representatives, sliall and may recover the fame-by any suit, action, or bill, or other mode of proceeding whatsoever in use in the place where such gift, gratuity, donation,' or reward, sliall be accepted, taken, or received, brought at any time against the. person to whom the same was given, or his representatives j and if the fame was

cor?

corruptly given to obtain any place, or other object, in or any way relating to the said United Company's service, then and in that case the person giving shall not be entitled to recover the same, but the same shall be to and for the' sole use of the said United Company, as heretofore.

And whereas it may happen, that neither the person giving such present, gift, gratuity, donation, or reward, nor the said United Company, may sue for the same; Be it therefore enacted, that in case the person giving the same, or the said United Company, shall not sue for the same within months, then the fame shall and may he sued for, and recovered, in manner aforesaid, by any person or persons whatsoever, to and for his and their sole use and benefit.

And be it .further enacted by the authority aforesaid, That if any person, from and after shall, contrary to the said act of the thirteenth year ef

the reign of His present Majesty, accept, receive, or take, directly or indirectly, by himself, 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 mini" fters or agents, or any of the natives of Alia, any present, gift, donation, gratuity, or reward, pecuniary or otherways, upon any account, or on any pretence whatsoever, or any promise or engagement for any present, gift, donation, gratuity or reward, and shall be therefore legally convicted in the Supreme Court at Calcutta, or in the Mayor's Court in any other of the said United Company's settlements, or in any Court of competent jurisdiction to try such offence in this kingdom, such person shall thereupon

'And whereas some of the servants of the said United Company, have raised the rents paid by landholders to the said United Company, ana have farmed out the lands at new rents, by means of which practices several ancient families have been dispossessed of lands long in their occupation, and have been reduced to indigence and ^distress. For remedy whereof, be it enacted and declared by the authority aforesaid, and it is hereby enacted and declared, That all lands and tenements within the provinces of Bengal, Bahar, and OrhTa, or in any territories in which the receipt and management of the revenues is or shall be under the immediate administration of the said United Company, or their servants or agents, not in the actual occupation of the said United Company, or by them leased or farmed out, in or immediately before'the year shall be deemed and taken to be the estate and inheritance of the

native landholders and families who then had and held the fame, unless dispossessed by judgement of some competent Court, for some crime or misdemeanour, or non-payment of their rent, and shall be from henceforward enjoyed by them, and their heirs and descendants, according to the custom of the country of or relating to the same, or where the same is had and held, without any molestation, interruption, or disturbance whatsoever, of or by the said United Company, their Governors, Council, Ministers or servants. •*

Provided always, That nothing herein contained fliall be construed to deprive the said United Company of the rent or tribute which shall be due or payable to them from such native landholders, their families or descendants, for or on account ot any such land; or to prevent the said United Company from having or taking any means according to the laws and usages of the said countries, for recovering and obtaining payment of such rent or tribute.

I' Ar.d,

And, for quieting the minds of the said native Princes, and preventing the corrupt practices which may arise from arbitrary alterations of rent or tribute; be it enacted by the authority aforesaid, That the rent, tribute, service, or payment, paid or agreed to be paid by the said native landholders, in the provinces or territories aforesaid, to the said United Company, in or immediately before the year shall remain and be, and be deemed and taken to be, the fixed and permanent rent, tribute, payment, or service, which shall be payable to the said United Company by the said native landholders, their families, heirs, and descendants; and that it shall not be lawful for the Governor General and Council of Bengal, or the Governor and Council of any other principal settlement, or the Chief and Council of any subordinate settlement, or any other servant or agent of the said United Company, to alter such rent, tribute, service, or payment, upon any pretence whatsoever, or to exact from or impose upon any such native landholder, his family, heirs, or descendants, any farther or greater rent, tribute, service, or payment, or any other charge than is herein provided.

And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Governor General and Council of Bengal to restore, and they are hereby authorised and required to restore to every native landholder, his he^rs or descendants, according to the usage of the country, who shall have been removed or disposselled of his land or territory, the actual possession thereof, upon the rent, tribute, service, or payment herein before provided, if such native landholder shall be willing or delirous to repossess his land or territory; sub ject, nevertheless, to such farm or leases thereof as shaH or may have been made before the and shall be still existing; and if

such native landholder, shall have quitted, or been dispossessed of his land or territory, for or upon condition of receiving any pension or appointment, 3n lieu thereof, and shall prefer such pension or appointment, the same shall, on no account, or upon no pretence, be discontinued, withheld, diminished, or taken away, but shall be regularly paid to such native landholder, his family, heirs, or descendants, according as the land or territory was held, and to the terms and stipulations made with such native landholder.

And be it further enacted by the authority aforesaid, That all native Princes and States in India, who having the management of their own revenues, are engaged, by treaty or otherwise, to furnish or keep up a body of troops for the defence or service of the said United Company, or to pay any tribute or sum of money in lieu thereof, or to keep up or pay any body of English troops, or to pay any tribute or sum of money in lieu thereof, or who pay any tribute or sum of money for the protection of the said United Company, are under the protection of His Majesty, and shall not be disturbed or molested by auy of the servants of the said United Company in the enjoyment of their rights according to the laws and usage of the country.

And whereas some of the servants of the said United Company have here* toforc committed unwarrantable acts in and relative to the territories and revenues of the native Princes and States under the said United Company's protection; Be it further enacted by the authority aforesaid, That all and every of the servants of the said United Company, civil and military, shall be, and are hereby declared to be amenable to the said Commissioners appointed to manage the afSiirs of the said United Company, and in and to all Courts of

Justice, Jufliee, (both In India and in Great Britain) of competent jurisdiction to try offences committed in India, for all acts, injuries, wrongs, oppressions, trespasses, misdemeanors, crimes, and offences whatsoever, by "them or any of them done or committed in any of the lands or territories of such protected native Princes or States, or against their persons or properties, or the persons, or properties- of any of their subjects or people; whether the fame were committed under pretence of the order of any native protected Prince, or otherwise howsoever, in the manner as if the fame had been- done or committed within the territories directly subject to and under the British government in India. »

And be it further enacted by the authority aforesaid, That no civil or military servant in the said, United Company's service, or person in the service of His Majesty, shall, by himself or any agent for him, take upon himself to collect or farm, or be any way concerned, directly or indirectly, in collecting or farming of any of the revenues of such protected native Princes or States.

And be it further enacted by the authority aforesaid, That if any officer, civil or military, of the said United Company, shall invade or make war upon or enter with an aYmed force, in a hostile or offensive manner, any .of the territories of the native Princes or States in India j not under the protection of His Majesty and the said United Company, without express orders in writing from the Governor General and Council of Bengal, such person, vpon conviction thereof in the Supreme Court of Calcutta, or in any Mayor's Court, in any other of the said principal settlements, or in the Court of King's Bench, or in any other Court which shall have jurisdiction to try offences committed in India, shall be

And be it further enacted by the authority aforesaid, That none of the said protected native Princei or States shall have any other native Prince ot State dependent upbn him or them, any farther or otherwise than as such other native Prince or State" shall have stood bound or engaged to such protected native Prince or State or on before the year for the payment of any sum or sums of' money, rent, or tribute, or for furnishing or supplying some definite quota of troops, which troops shall not be required or called for without the orders of the Governor General and Council of Bengal, or President and Council of some other principal settlement,

And be it further enacted by the authority aforesaid, That the succession of the said protected native Princes shall be directed and disposed of according to the laws of the country, or1 to such treaties as shall have or contain any stipulation concerning the same; and that such succession shall not be altered or disposed of by will, or in any other manner, contrary to the laws of the country, and the faith of such treaties. «

And be it further enacted by the authority aforesaid, That such protected native Princes or States shall not be permitted to rent or take, or, have any farm or lease of any lands whatsoever, of or from the said United Company.

And be it further enacted by the authority aforesaid, That no such pro* tested native Prince shall be permitted to reside for more than in any of the said United Company's, settlements, unless,, being expelled from or driven out of his dominions, he"fiiall take refuge in the said United Company's territories.

And be it enacted by the authority aforesaid, That from and after it mall not be lawful for any servant, civil or military, •f the said United Company, to have or be engaged in the borrowing or

•vol. XIH 'U u-" lending

« PreviousContinue »