Page images
PDF
EPUB

lending of any money, or in any money tranfaction whatsoever, or in the farming of any lands or revenues, or in the buying or felling of any goods. or commodities whatsoever, or in any other tranfaction of commerce or bufinefs whatfover, with any fuch protected or other native Prince or State; and all fuch tranfactions, and all contracts and engagements of or relating to the fame, are hereby declared and any perfon or perfons guilty of any fuch offence, and thereof convicted in the manner herein before laft mentioned, shall be

And be it further enacted by the authority aforefaid, That it fhall not be lawful for the faid protected native Princes or States to remove or difpoffefs any Zemindar, or other native Prince, or landholder, nor to increase his rent or tribute beyond that which was paid by fuch Zemindar or native Prince in the year nor to farm any land at any higher or greater rent or tribute than the fame was farmed at or for in the faid year fume any Jaghire granted at any time before the year

nor to re

And be it further enacted by the authority aforefaid, That all Zemindars, and native Princes and States, who fhall have been difpoffeffed of their lands and territories by at any time fince fhall be reftored to the poffeffion and enjoyment of the fame.

And be it further enacted by the authority aforefaid, That the Nabob of Arcot, the Rajah of Tanjore, or any other protected native Prince in India, fhall not affign, mortgage, or pledge any territory, or land whatsoever, or the produce or revenue thereof, to any British fubject whatsoever; neither fhall it be lawful for any British subject whatsoever to take or receive any fuch affignment, mortgage, or pledge; and the fame are hereby declared

and all payments or deliveries of produce or revenue, under any fuch affignment, fhall and may be recovered back by fuch native Prince paying or delivering the fame, from the perfon or perfons receiving the fame, or his or their reprefentatives.

And be it enacted by the authority aforefaid, That it fhall not be lawful for any British fubject whatsoever to have, receive, or take any payment of money, produce, revenue, goods, commodities, or effects whatfoever, of or from any fuch native protected Prince, or any agent or fervant thereof, for or on account of any debt now due, or claimed to be due, from fuch protected native Prince, except fuch debts as were confolitated in the year and allowed by the Court of Directors, and by them ordered to be recovered, without proof firft made, to the fatisfaction of the faid Commiffioners, or fuch perfon or perfons as they fhall appoint, that fuch debt was fairly and bona fide contracted for money lent, or goods fold and delivered, or in fome open and avowed courfe of trade and commerce, and not as, or for, a reward for any service done or performed, or intended to be done, or performed, by any fuch British fubject, to or for any fuch protected native Prince, or for any other matter forbidden or prohibited to be made or done by any law or laws now in force, or hereafter to be in force, or by any order or orders of the faid United Company, or any order or orders to be made by the faid Commiffioners appointed to manage the affairs thereof; and an entry, with the na ture and particulars of the claim, and of the evidence in fupport thereof, fhall be made in the journal of the faid Commiffioners, or in the minutes of fuch perfon or perfons as they fhall for those purposes appoint, with the opi nion of the faid Commiffioners, or fuch perfon or perfons, thereon.

And be it further enacted by the authority aforefaid, That all difputes and differences whatsoever, now actually fubfifting between the Nabob of Arcot

and

and the Rajah of Tanjore, fhall be examined and confidered, as foon as may be, by the faid Commiffioners appointed to manage the affairs of the faid United Company; who fhall, and they are hereby required, as foon as they fhall have fufficiently examined and confidered the fame, to fend and tranímit fuch orders as fhall appear to them beft calculated for the quiet and final adjustment and termination of fuch difputes and differences, according to the principles of, and the terms and ftipulations contained in, the treaty of one thousand feven hundred and fixty-two, between the faid Nabob of Arcot and the Rajah of Tanjore, and to the orders and inftructions of the Court of Directors given to George Lord Pigot, late Governor of Fort Saint George, and to the arrangements made relative to fuch difpute and differences by the faid George Lord Pigot.

And be it further enacted, That the faid Commiffioners fhall, and they are hereby directed and required to fend and tranfmit to the Governor General and Council of Bengal, or the Prefident and Council of Fort Saint George, or to or by fuch other perfon or perfons as they fhall for that purpofe fpecially nominate and appoint, full and explicit orders and directions, not only to fettle and terminate the faid differences and difputes, but also to take into confideration and examine the present state of the affairs, revenues, aud debts of the faid Nabob of Arcot, and of the Rajah of Tanjore; and to enquire into and ascertain the origin, nature, and amount, of all claims whatsoever on them by British fubjects; and immediately to make a full report thereupon to the faid Commiffioners; and to adopt, propofe, or fuggeft fuch ways or means for the liquidation and fettlement of fuch debts as fhall appear to be well founded and contracted bona fide (and not by any illicit dealing, or in confequence of any breach or difobedience of the faid United Company's orders) and for the payment and discharge thereof, by fuch inftallments, and at fuch times, and in fuch manner, as fhall be confiftent with justice to the creditors of the faid Nabob and Rajah, and to the fervice of the faid United Company, and as fhall occafion the leaft difficulty and inconvenience to the faid Nabob and Rajah; and, as fpeedily as may be, to make a full report of all their proceedings touching the faid matters to the faid Commiffioners.

And be it further enacted by the authority aforefaid, That all Polygars, which fhall or may have been difpoffeffed or driven out of their lands or ter ritories at any time fince the year fhall be restored to the poffeffion of the fame, and hold the fame at and for the fame, and no greater, rent or tribute as fuch Polygars paid, or were liable to pay, on or immediately be

fore

1

And whereas it is enacted in and by the act of the thirteenth year of the reign of His prefent Majefty, That the faid Governor General and Council, or the major part of them, fhall have power of fuperintending and controling the government and management of the Prefidencies of Madras, Bombay, and Bencoolen, refpectively, fo far as that it fhall not be lawful for any Prefident and Council of Madras, Bombay, or Bencoolen for the time being, to make any orders for commencing hoftilities, or declaring or making war, against any Indian Princes or powers, or for negociating or concluding any treaty of peace, or other treaty, with any fuch Indian Princes or powers, without the confent and approba tion of the faid Governor General and Council first had and obtained (except in the cafes of imminent neceffity, and of fpecial orders from the faid United Company) with power to the faid Governor General and Council to fufpend any Prefident and Council offending in any of the cafes aforefaid: And whereas great difputes have at different times arifen refpecting the extent of

U u 2

the

1

the faid controling power given to the faid Governor General and Council, to the embarrassment and injury of the faid United Company's fervice; For remedy whereof, be it enacted and declared, That the faid power given to the Governor General and Council of Fort William, of fuperintending and controling the government and management of the Prefidencies of Madras, Bombay, and Bencoolen, refpectively, doth and fhall extend to all negociations and cafes whatsoever, which, though they fhall not in themselves be the commencement, or orders for the commencement, of hoftilities, or the declaring or making war against any Indian Princes or powers, fhall neverthelefs be of any unwarrantable nature or tendency against fuch Indian Princes or powers, or fhall be of a nature and tendency to create diffatisfaction and alarm among any of them, and confequently provoke to bring on and occafion hoftilities and war, without directly importing or leading to the fame: and in all fuch cafes, the faid Governor General and Council hall have all the powers of fufpending, given them in and by the faid act of the thirteenth year of the reign of His prefent Majefty; and fhall enter on their minutes of confultation at large, the whole nature of the cafe in which, and the reasons for which, they exercise the faid powers, and fhall transmit the fame by the first opportunity, to the faid Commiffioners appointed for the management of the affairs of the faid United Company: and if the cafe in which the faid fuperintending, controling, and fufpending powers, or any of them, are exercifed, be fuch as creates a reasonable doubt whether the faid powers apply to it, the Governments and Prefidencies of Madras, Bombay, and Bencoolen, are nevertheless hereby required to fubmit and yield obedience to the acts of the faid Governor General and Council, and to lay the cafe before the faid Commiffioners, for the determination thereof.

:

And be it further enacted by the authority aforefaid, That it shall and may be lawful to and for the Government and Prefidency of Bombay, whenever and as often as any war against the faid United Company, their poffeffions or dependencies, fhall be actually commenced, or the danger thereof is impending and imminent, in the North-west and Western coafts of India, or in the territories adjoining thereto, and in the neighbourhood thereof, or in any part of the territories of the States of the Marattas, to make and conclude any treaty or terms of peace, truce, or ceffation of arms, with any of fuch Indian Princes or States actually at war, or about to make war, or for the amity, affiftance, or alliance of any other Indian Prince or States, the better to defend the poffeffions of the faid United Company against fuch war commenced or impending Provided always, That the faid Government and Prefidency of Bombay do and fhall infert, or cause to be inferted, in all and every fuch treaty herein before mentioned, a clause or provifion that the fame fhall be null and void, unless it fhall be approved and ratified (within a certain reafonable time therein to be named) by the Governor General and Council of Fort William; and the faid Government and Prefidency fhall, and they are hereby required to enter on their minutes of confultation, at full length, the occafion of and neceffity for fuch proceedings, with the reafons upon which they have acted, and the documents or vouchers (if any there fhall be) for the facts alledged; and fhall transmit the fame from time to time, as they fhall arife or happen, and all propofitions relative to the fame, as they fhall be made, to the faid Governor General and Council of Fort William, and to the faid Commiffioners appointed to mamarge the affairs of the faid United Company, refpectively; and fhall obey

and

and follow, under the pain of fufpenfion, all fuch orders and directions thereupon as they fhall receive from the, faid Governor General of Fort William, until the fame fhall be altered or corrected by the faid Commiffioners.

And be it further enacted by the authority aforefaid, That the Government and Prefidency of Madras fhall have the like powers and authorities, under the fame limitations and reftrictions, in cafe of war against the fail United Company, their poffeffions or dependencies, actually commenced, or the danger thereof impending and imminent, on the coaft of Coromandel, from on the coast of Malabar, or in the territories adjoining thereto, and in the neighbourhood thereof.

to.

And be it further enacted by the authority aforefaid, That no Governor General, Governor, or Prefident, member of council, or other officer, civil or military, in the fervice of the faid United Company in India, (whether fuch perfon fhall be actually in the execution of his office in India, or shall be abfent therefrom in Great Britain, or in any other place) or any agent, in Great Britain or India, of any protected or other native Prince in India, fhall be capable of being a member of, or of fitting and voting in the House of Commons: Provided, That every fuch perfon, actually a member of the Houfe of Commons at the time of pailing this act, fhall and may fit and vote for and during the remainder of the prefent Parliament.

And be it further enacted by the authority aforefaid, That no perfon having been in the civil and military fervice of the faid United Company, and who hath refigned or quitted the fame, fhall be capable of being elected into, or of fitting or voting in the House of Commons, at any time within

after he fhall have been returned to and refident in Great Britain, or whilft any proceedings in Parliament, or any other public profecution, hall be depending against him for any crimes or offences alledged to have been committed by him whilst he was in the faid fervice: Provided always, That fueh proceedings or public profecution fhall have been commenced before the expiration of the faid space of after the return of fuch person, and shall be finally determined within the space of after the after the commencement thereof; otherwife the fame fhall not operate to difable fuch perfon from being elected into, or from fitting or voting in the Houfe of Commons, unless the delay in fuch proceedings, or public profecution, fhall be at the request, or through the default of, the party profecuted.

And be it further enacted, That all crimes and offences against this act may be profecuted in the Supreme Court at Calcutta, or in the Mayor's Court in any other of the principal fettlements in India, or in the Court of King's Bench, or any other Court in this kingdom, which fhall be established for taking cognizance of crimes and offences committed in India; and all the powers and authorities given to the faid Court of King's Bench, in and by the faid act of the thirteenth year of the reign of His prefent Majefty, and not herein otherwife provided for, are hereby declared to be extended to all the crimes and offences committed against this act: And in all cafes where the punishment is not herein appointed, the Court in which the conviction shall take place, fhall appoint fuch fine or imprisonment, or both, as they fhall think proper, provided the fine fhall not exceed' nor the imprisonand may, in their difcretion, fuperadd the incapacity of serv ing the faid United Company.

ment

The

The following is a Copy of the Right Honourable WILLIAM PITT'S EAST-INDIA BILL.

A BILL for the better Government and Management of the Affairs of the EAST-INDIA COMPANY.

FOR the better government and fecurity of the territorial poffeffions of this kingdom in the Eaft Indies, be it enacted by the King's moft Excellent Majefty, by and with the advice and confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the authority of the fame, that it fhall and may be lawful to and for the King's Majefty, his heirs, and fucceffors, by any commiffion to be iffued under the Great Seal of Great Britain, to nominate and appoint fuch perfons

as his Majefty fhall think fit, being of his Majefty's Moft Honourable Privy Council, of whom the Principal Secretary of State for the Home Department for the time being, and the Chancellor of the Exchequer for the time being fhall be two, to be, and who shall accordingly be, Commiffioners for the affairs of India.

And be it enacted by the authority aforefaid, that any number not less than of the faid Commiffioners, fhall form a Board for executing the feveral powers which, by this or any other ac, fhall be vested in the Čommiffioners aforefaid.

And be it further enacted, That the faid Secretary of State, and in his abfence, the faid Chancellor of the Exchequer, and in the abfence of both of them, the fenior of the faid other Commiffioners, according to his rank in feniority of appointment, as one of his Majesty's Moft Honourable Privy Council, fhall prefide at and be Prefident of the faid Board; and that the faid Commiffioners, or any of them, fhall have, and they are hereby invested with, the fuperintendance and control over all the British territorial poffeffions in the East Indies, and over the affairs of the United Company of Merchants trading thereto, in manner herein after directed.

And be it further enacted, That in cafe the Members prefent at the said Board fhall at any time be equally divided in opinion, in refpect to any matter depending before them, then, and in every fuch cafe, the then Prefident of the faid Board fhall have two voices, or the cafting vote.

And be it further enacted, That it fhall and may be lawful for the King's Majefty, his heirs and fucceffors, from time to time, at his and their will and pleasure, to revoke and determine the commiffion aforefaid, and from time to time to caufe any new commiffion or commiffions to be fealed as aforefaid, for appointing any other perfon or perfons, being of His Majesty's Moft Honourable Privy Council, of whom the Secretary of State for the Home Department, and the Chancellor of the Exchequer for the time being, shall always be two, to be Commiffioners and Members of the faid Board, when, and fo often as his Majefty, his heirs or fucceffors, fhall think fit, fo that the number of Commiffioners therein to be named shall in no wife exceed the aforefaid number of

Provided always, and be it further enacted, That the office or place of a Commiffioner or Member of the faid Board hereby erected, fhall not be deemed or taken to be a new office or place, within the intent and purvieu of an act of the fixth year of the reign of Queen Anne, intitled, "An act

for

« PreviousContinue »