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directors, or from the secret committee of the said court of directors, repugnant to the orders and instructions of the said governor general and council, and not known to the said governor general and council at the time of dispatching their orders and instructions as aforesaid; and the said governor general and council shall, at the time of transmitting all such orders and instructions, transmit therewith the dates of and the times of receiving, the last dispatches, orders, and instructions, which they have received from the court of directors, or from the secret committee of the said court of directors, . . . And the said presidencies and governments, in all cases where they have received any orders . . which they shall deem repugnant to the orders of the said governor general and council of Fort William, and which were not known to the said governor general and council at the time of dispatching their orders . . . shall forthwith transmit copies of the same, together with an account of all resolutions or orders made by them in consequence thereof, to the governor general and council of Fort William, who shall, upon receipt of the same, dispatch such further orders and instructions to the said presidencies and settlements as they may judge necessary thereupon.

...

(XXXIII. provides regulations for the transactions of the several boards in India.)

XXXIV. And whereas to pursue schemes of conquest and extension of dominion in India, are measures repugnant to the wish, the honour, and policy of this nation; Be it therefore further enacted . . . That it shall not be lawful for the governor general and council of Fort William aforesaid, without the express demand and authority of the said court of directors, or of the secret committee of the said court of directors, in any case (except where hostilities have 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 dependent 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 such case it shall not be lawful for the said governor general and council to declare war or commence hostilities, or enter into treaty for making war against any other prince or state than such as shall be actually committing hostilities, or making preparations as aforesaid, or to make such treaty for guaranteeing 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 preparations made as aforesaid; and in all cases where hostilities shall be commenced, or treaty made, the said governor general and council shall, by the most expeditious means they can devise, communicate the same unto the court of directors, together with a full state of the information and intelligence upon which they shall have commenced such hostilities, or made such treaties, and their motives and reasons for the same at large.

XXXV. . . . That it shall not be lawful for the governors or presidents and counsellors, of Fort Saint George and Bombay, or of any subordinate settlement respectively to make or issue any order for commencing hostilities, or levying war, or to negociate or conclude any treaty of peace, or other treaty, with any Indian prince or state, (except in cases of sudden emergency or imminent danger, when it shall appear dangerous to postpone such hostilities or treaty), unless in pursuance of express orders from the said governor general and council of Fort William aforesaid, or from the said court of directors, or from the secret committee of the said court of directors; and every such treaty shall, if possible, contain a clause for subjecting the same to the ratification or rejection of the governor general and council of Fort William aforesaid: And the said presidents and counsellors of the said presidencies and settlements of Fort Saint George and Bombay, or other subordinate settlement, are hereby required to yield due obedience to all such orders as they shall from time to time respectively receive from the said governor general and council of Fort William aforesaid, concerning the premises.

(XXXVI. Of the relations of the subordinate presidents and counsellors to the governor-general.

XXXVII. The directors to consider British demands on the Nabob of Arcot; XXXVIII., and of the demands on the Rajah of Tanjore ; and XXXIX., of the rajahs and zemindars.

XL. The directors to introduce "a just and laudable œconomy" in the civil and military establishments).

XLI. . . . That until the said several lists of the offices, places, and employments shall have been made. . . the said court of directors shall be, prohibited from appointing or sending to India any new servant, civil or military, under the degrees of the respective counsellors and commanders in chief; and after such lists shall have been perfected and established, the said court of directors

shall in no wise appoint or send out any greater number of persons to be cadets or writers, or in any other capacity, than will be actually necessary, in addition to the persons on the spot, to supply and keep up the proper complement or number of officers and servants con

(XLII and XLIII. Regulations as to promotions, cadets, etc.)

XLIV. . . . That all his Majesty's subjects, as well servants of the said united company, shall be, and are hereby declared to be, amenable to all courts of justice (both in India and Great Britain) of competent jurisdiction to try offences committed in India, for all acts, injuries, wrongs, oppressions, trespasses, misdemeanours, crimes, and offences whatsoever, 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 government in India.

(XLV.-LXXXII. deals with prosecutions, corruption, and extortion, and the appointment of special commissioners from the Lords and Commons.) LXXXIII. Provided always, . . . That nothing herein contained shall extend, . . . to prejudice or affect the rights or claims of the public, or the said united company, respecting the said territorial acquisitions and revenues.

LXXXIV. . . That this act shall take place and have commencement, in Great Britain immediately after the same shall have received his Majesty's royal assent; and shall take place and have commencement, in the several presidencies aforesaid, and in the territories thereunto belonging, from the first day of January, one thousand seven hundred and eighty-five.

LXXXV. . . . That this act shall, and shall be deemed and taken to be a public act.

(See Parlt. Hist. xxiv. 1086 et seq.; May, C.H.E. iii. 381; Lecky, H.E. v. 74; Rogers, P.L. ii. 214; Ilbert, The Government of India (esp. introduction).)

XXXIX

FOX' LIBEL ACT

32 Geo. III. Cap. 60, 1792.

An Act to remove doubts respecting the functions of Juries in Cases of Libels.

Whereas doubts have arisen whether on the trials of an indictment or information for the making or publishing any libel, where an issue or issues are joined between the king and the defendant or defendants, on the plea of Not Guilty pleaded, it be competent to the jury impanelled to try the same to give their verdict upon the whole matter in issue: Be it therefore declared and enacted . . . That, on every such trial, the jury sworn to try the issue may give a general verdict of Guilty or Not Guilty upon the whole Matter put in issue upon such indictment or information; and shall not be required or directed, by the court or judge before whom such indictment or information shall be tried, to find the defendant or defendants guilty merely on the proof of the publication by such defendant or defendants of the paper charged to be a libel, and of the sense ascribed to the same in such indictment or information.

II. Provided always, That, on every such trial, the court or judge before whom such indictment or information shall be tried, shall, according to their or his discretion, give their or his opinion and directions to the jury on the matter in issue between the King and the defendant or defendants, in like manner as in other criminal

cases.

III. Provided also, That nothing herein contained shall extend, or be construed to extend, to prevent the Jury from finding a special verdict, in their discretion, as in other criminal cases.

IV. Provided also, That in case the jury shall find the defendant or defendants guilty, it shall and may be lawful for the said defendant or defendants to move in arrest of judgement, on such ground and in such manner as by law he or they might have done before the passing of this act; anything herein contained to the contrary notwithstanding.

(See May, C.H.E. ii. 256; Odgers, L. and S. (passim); Dicey, L.C. 234 et seq.; Rogers, P.L. ii. 234; Stephen, H.C.L. ii. ch. xxiv. ; Parlt. Hist. xxix. 501 and 1403 et seq.)

XL

AN ACT FOR THE UNION WITH IRELAND

40 Geo. III. Cap. 67, 1800.

An Act for the Union of Great Britain and Ireland.

Whereas in pursuance of his Majesty's most gracious recommendation to the two houses of parliament in Great Britain and Ireland respectively, to consider of such measures as might best tend to strengthen and consolidate the connection between the two kingdoms, the two houses of the parliament of Great Britain and the two houses of the Parliament of Ireland have severally agreed and resolved, that, in order to promote and secure the essential interests of Great Britain and Ireland, and to consolidate the strength, power, and resources of the British Empire, it will be advisable to concur in such measures as may best tend to unite the two kingdoms of Great Britain and Ireland into one kingdom, in such manner, and on such terms and conditions, as may be established by the acts of the respective parliaments of Great Britain and Ireland.

And whereas, in furtherance of the same resolution, both houses of the said two parliaments respectively have likewise agreed upon certain articles for effectuating and establishing the said purposes, in the tenor following:

ARTICLE FIRST. That it be the first article of the union of the kingdoms of Great Britain and Ireland, that the said kingdoms of Great Britain and Ireland shall, upon the first day of January that shall be in the year of our Lord one thousand eight hundred and one, and for ever after, be united into one kingdom, by the name of The United Kingdom of Great Britain and Ireland; and that the royal style and titles appertaining to the Imperial Crown of the said united kingdom and its dependencies; and also the ensigns, armorial flags and banners thereof shall be such as his Majesty, by his royal proclamation under the great seal of the united kingdom, shall be pleased to appoint.

ARTICLE SECOND. That it be the second article of union, that the succession to the imperial crown of the said united kingdom, and of the dominions thereunto belonging, shall continue limited and settled, according to the existing laws, and to the terms of union between England and Scotland.