Page images
PDF
EPUB

India, may by his own authority, adjourn or poftpone the confideration of any question whatsoever, in the respective Councils in which they prefide, for the space of and no longer: Provided always, That fuch Governor General or Prefident shall not have power to adjourn or poftpone the fame question more than

And be it enacted by the authority aforefaid, That neither the Gevernor General and Council of Bengal, nor Prefident and Council of any other of the faid United Company's Prefidencies or fettlements in India, fhall have power to cede to, or exchange with, any native Prince or State whatfoever, any territory, which was in the poffeffion of the faid United Company, or of any of its dependent Princes or States, in or immediately before the year nor fhall make or accept any acquifition whatsoever, whereby the territory of the faid United Company fhall be increased or extended, without orders or directions expreffly for that purpose, tranfmitted by the faid Commiffioners appointed in and by an act of this prefent feffion of Parliament, for managing the affairs of the faid United Company.

And be it enacted by the authority aforefaid, That it fhall not be lawful for the faid Governor General and Council of Bengal to invade, or enter with any armed force, or in any hoftile or offenfive manner, into the territory of any native, independent Prince or State in India, except upon intelligence, the credibility and importance of which fhall be allowed by a majority in Council, and fo declared to be, in minutes fubfcribed by each Member compofing fuch majority, upon the records of the faid Council, that fuch 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 faid United Company, or of fome of the Princes or States dependent thereupon.

And be it further enacted by the authority aforefaid, That neither the said Governor General and Council of Bengal, nor the Prefident and Council of any other of the faid Prefidencies or fettlements, fhali have power to make any offenfive alliance whatfoever, for the purpose of dividing or fharing any country or territory whatsoever, between or with the faid United Company and any native Prince or State in India, without the exprefs orders and directions, for that purpose of the Commiffioners aforefaid.

And be it further enacted by the authority aforefaid, That the faid Governor General and Council of Bengal, or any Prefident and Council of any other of the faid Prefidencies or fettlements, fhall not make or enter into any treaty or agreement whatfoever, to hire out to any native Prince or State in India, any part of the British or native troops ferving in India under the orders of the faid United Company; nor fhall make or enter into any new treaty or agreement whatsoever, to or for the keeping up of any body of fuch 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 aforefaid, That the faid Governor General and Council of Bengal or any other of the Presidents or Councils of the faid Prefidencies or fettlements in India, fhall not appoint to, or employ in any office, place, or station whatfoever, any perfon whatsoever, native or British, who hath been or fhall be removed from any office, ftation, or place whatfoever, for any misdemeanour or other offence, without authority for that purpofe first had and obtained from the faid Commiffioners.

And be it further enacted by the authority aforefaid, That it fhall not be lawful for the faid Governor General and Council of Bengal, or any Prefi

dent

dent and Council of any other of the faid Prefidencies or fettlements in India, or any. Collector of Revenue, or Chief or other Member of any provincial or fubordinate fettlement in India, to let or rent any farm of land, or other thing whatsoever, to any Banian, native fteward, or other native fervant whatfoever, of any Governor General, Prefident, 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 fervant of the faid United Company; and all contracts and agreements made contrary to this act, with any fuch Banian, native steward, or native fervant, for the purpofe of letting or renting any farm of land, or of other thing whatfoever, fhall be deemed and taken to be for the account of the principal, or perfon in whofe fervice fuch Banian, ́ ́ native steward, or native fervant is; and fuch Banian, native steward, or native fervant, fhall account to the faid United Company for the profits made by fuch farm of land or other thing; which profits fhall and may be recovered from fuch principal, or perfon in whofe fervice fuch Banian, native steward, or native fervant was, at the time when fuch contract or agreement was made or entered into.

And be it further enacted by the authority aforefaid, That from and after all monopolies, rights of pre-emption, or preferences, by any authority, or upon any pretence whatfoever, of any commodities or goods in any of the faid United Company's fettlements in India, fhall be, and are hereby declared to be contrary to law, and void.

And be it further enacted by the authority aforefaid, That no debt or ba lance exceeding in confequence of any advance to be made for the making of any manufacture, or for the purchase of materials, by any perfon making the fame, or to any hufbandmen or actual cultivator of land, for any raw commodity, fhall be recoverable in any Court, or by any action or fuit at law, or by any compulfory or other procefs or means whatfoever, after the ipace of from the time of making the faid advances: And that it shall not be lawful to imprifon in any common prifon, or in any private house or out-house, any perfon whatsoever, for or by reafon of any fuch advances, within the faid fpace of or at any time afterwards.

And whereas in and by the faid act of the thirteenth year of the reign of His prefent Majefty, it is enacted, That every prefent, gift, gratuity, donation, or reward, accepted, taken, or received, contrary to the true intent and meaning of the faid act, fhall be deemed and construed to have been received and taken to and for the fole use of the faid United Company. And whereas the faid provifion hath been attended with inconvenience, inafmuch as it has been pretended that the fervants of the Company have liberty to take and receive préfents, accounting to the faid United Company for the fame: Be it therefore enacted by the authority aforefaid, That every fuch prefent, gift, gratuity, donation, or reward, accepted, taken, or received, if the fame fhall not be corruptly, given to obtain any place or other object, to which the perfon giving the fame fhall not be entitled, fhall be returned or re-delivered to the perfon giving the fame, or his reprefentatives, according to the custom of the country; and fuch perfon, or his reprefentatives, fhall and may recover the fame by any fuit, action, or bill, or other mode of proceeding whatfoever in ufe in the place where fuch gift, gratuity, donation, or reward, fhall be accepted, taken, or received, brought at any time against the perfon to whom the fame was given, or his reprefentatives; and if the fame was

cor.

corruptly given to obtain any place, or other object, in or any way relating to the faid United Company's fervice, then and in that cafe the perfon giving fhall not be entitled to recover the fame, but the fame fhall be to and for the fole ufe of the faid United Company, as heretofore.

And whereas it may happen, that neither the perfon giving fuch prefent, gift, gratuity, donation, or reward, nor the faid United Company, may fue for the fame; Be it therefore enacted, that in cafe the perfon giving the fame, or the faid United Company, fhall not fue for the fame within months, then the fame fhall and may be fued for, and recovered, in manner aforefaid, by any perfon or perfons whatfoever, to and for his and their fole use and benefit.

And be it further enacted by the authority aforefaid, That if any perfon, from and after fhall, contrary to the faid act of the thirteenth year of the reign of His prefent Majefty, accept, receive, or take, directly or indirectly, by himself, or any other perfon or perfons on his behalf, or for his use or benefit, of and from any of the Indian Princes or powers, or their minifters or agents, or any of the natives of Afia, any present, gift, donation, gratuity, or reward, pecuniary or otherways, upon any account, or on any pretence whatsoever, or any promife or engagement for any prefent, gift, donation, gratuity or reward, and fhall 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 fettlements, or in any Court of competent jurifdiction to try fuch offence in this kingdom, fuch perfon fhall thereupon

And whereas fome of the fervants of the faid United Company, have raised the rents paid by landholders to the faid United Company, and have farmed out the lands at new rents, by means of which practices feveral ancient families have been difpoffeffed of lands long in their occupation, and have been reduced to indigence and diftrefs, For remedy whereof, be it enacted and declared by the authority aforefaid, and it is hereby enacted and declared, That all lands and tenements within the provinces of Bengal, Bahar, and Orissa, or in any territories in which the receipt and management of the revenues is or fhall be under the immediate administration of the faid United Company, or their fervants or agents, not in the actual occupation of the faid United Company, or by them leafed or farmed out, in or immediately before the year fhall be deemed and taken to be the estate and inheritance of the native landholders and families who then had and held the fame, unless difpoffeffed by judgement of fome competent Court, for fome crime or mifdemeanour, or non-payment of their rent, and fhall be from henceforward enjoyed by them, and their heirs and defcendants, according to the custom of the country of or relating to the fame, or where the fame is had and held, without any moleftation, interruption, or disturbance whatsoever, of or by the faid United Company, their Governors, Council, Minifters, or

fervants.

Provided always, That nothing herein contained fhall be construed to deprive the faid United Company of the rent or tribute which fhall be due or payable to them from fuch native landholders, their families or defcendants, for or on account of any fuch land; or to prevent the faid United Company from having or taking any means according to the laws and ufages of the faid countries, for recovering and obtaining payment of fuch rent or tribute.

And,

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

And be it further enacted by the authority aforefaid, That it fhall and may be lawful for the Governor General and Council of Bengal to restore, and they are hereby authorifed and required to restore to every native landholder, his heirs or defcendants, according to the ufage of the country, who shall have been removed or difpoffeffed of his land or territory, the actual poffeffion thereof, upon the rent, tribute, fervice, or payment herein before provided, if fuch native landholder fhall be willing or defirous to repoffefs his land or territory; fubject, nevertheless, to fuch farm or leafes thereof as fhall or may have been made before the and fhall be ftill exifting; and if fuch native landholder, fhall have quitted, or been difpoffeffed of his land or territory, for or upon condition of receiving any penfion or appointment, in lieu thereof, and fhall prefer fuch penfion or appointment, the fame fhall, on no account, or upon no pretence, be difcontinued, withheld, diminished, or taken away, but fhall be regularly paid to fuch native landholder, his family, heirs, or defcendants, according as the land or territory was held, and to the terms and ftipulations made with fuch native landholder.

And be it further enacted by the authority aforefaid, That all native Princes and States in India, who having the management of their own reve nues, are engaged, by treaty or otherwife, to furnish or keep up a body of troops for the defence or fervice of the faid United Company, or to pay any tribute or fum of money in lieu thereof, or to keep up or pay any body of English troops, or to pay any tribute or fum of money in lieu thereof, or who pay any tribute or fum of money for the protection of the faid United Company, are under the protection of His Majefty, and fhall not be disturbed or molested by any of the fervants of the faid United Company in the enjoyment of their rights according to the laws and ufage of the country.

And whereas fome of the fervants of the faid United Company have here tofore 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 aforefaid, That all and every of the fervants of the faid United Company, civil and military, fhall be, and are hereby declared to be amenable to the faid Commiffioners appointed to manage the affairs of the faid United Company, and in and to all Courts of

Justice,

Juftice, (both in India and in Great Britain) of competent jurifdiction to try offences committed in India, for all acts, injuries, wrongs, oppreffions, trefpaffes, misdemeanors, crimes, and offences whatfoever, by them or any of them done or committed in any of the lands or territories of fuch protected native Princes or States, or against their perfons or properties, or the perfons. or properties of any of their fubjects or people; whether the fame were committed under pretence of the order of any native protected Prince, or otherwife howfoever, in the manner as if the fame had been done or committed within the territories directly fubject to and under the British government in India.

And be it further enacted by the authority aforefaid, That no civil or military fervant in the faid, United Company's fervice, or perfon in the service of His Majefty, fhall, 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 fuch protected native Princes or States. And be it further enacted by the authority aforefaid, That if any officer, civil or military, of the faid United Company, fhall invade or make war upon or enter with an armed force, in a hoftile or offenfive manner, any of the territories of the native Princes or States in India, not under the protection of His Majesty and the faid United Company, without exprefs orders in writing from the Governor General and Council of Bengal, fuch perfon, upon conviction thereof in the Supreme Court of Calcutta, or in any Mayor's Court, in any other of the faid principal fettlements, 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 aforefaid, That none of the faid protected native Princes or States fhall have any other native Prince or State dependent upon him or them, any farther or otherwife than as fuch other native Prince or State fhall have ftood bound or engaged to fuch protected native Prince or State or on before the year for the payment of

any fum or fums of money, rent, or tribute, or for furnishing or fupplying fome definite quota of troops, which troops fhall not be required or called for without the orders of the Governor General and Council of Bengal, or Prefident and Council of fome other principal fettlement.

And be it further enacted by the authority aforefaid, That the fucceffion of the faid protected native Princes shall be directed and difpofed of according to the laws of the country, or to fuch treaties as fhall have or contain any stipulation concerning the fame; and that fuch fucceffion fhall not be altered or difpofed of by will, or in any other manner, contrary to the laws of the country, and the faith of fuch treaties.

And be it further enacted by the authority aforefaid, That fuch protected native Princes or States hall not be permitted to rent or take, or have any farm or leafe of any lands whatsoever, of or from the faid United Company. And be it further enacted by the authority aforefaid, That no fuch pro tected native Prince fhall be permitted to refide for more than

in any of the faid United Company's fettlements, unlefs, being expelled from or driven out of his dominions, he fhall take refuge in the faid United Company's territories.

And be it enacted by the authority aforefaid, That from and after it fhall not be lawful for any fervant, civil or military, of the faid United Company, to have or be engaged in the borrowing or lending

VOL. XIII

U u'

[ocr errors]
« PreviousContinue »