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 any such case, it shall not be lawful for the said Governor-General and Council to declare war or to commence hostilities, or to enter into any 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 said Court of Directors, or to the said Secret Committee, 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.-(Vide Government in India.) LAWS. 1793. 33 Geo. 3, c. 52, § 42. BRITISH SUBJECTS. A SECRET Committee of the House of Commons was appointed in the year 1771, to inquire into the state of the EastIndia Company. Between the date of the committee's nomination and the month of June 1773, they made nine voluminous reports on the affairs of India, in which a full review was taken of the various and extensive subjects connected with every branch of the Company's government, both at home and abroad. The committee dwelt upon the sufferings experienced by the natives from oppression practised in a country where the name of an European was sufficient to authorize any act of injustice. The committee urged upon the House the importance of introducing a new system of government, supported by a new system of jurisprudence, and thereby secure prompt and effective obedience from the Company's servants and other British subjects to the governing power; and likewise facilitate the means of redress, by establishing a fixed, lasting, and regular course of justice for the permanent security of liberty and property. The regulating act of 1773, appointing a GovernorGeneral and Council, and establishing a supreme court at Calcutta, was the result of the committee's investigation. That act, together with acts which have been subsequently passed, provide for the resort to India of British subjects, and their responsibility to the local authorities during their residence in that country. No person can proceed to India without a license or certificate from the Court of Directors, to whom application is to be made in the first instance; if the Court do not see fit to comply with such request, it is transmitted to the Board of Commissioners for the Affairs of India: who, if they concur in opinion with the Court, intimate that they have no instructions to issue with regard to it; otherwise they direct a cer a certificate to be issued to the party from the Court of Directors, permitting the applicant to proceed to India. The governments in India are not to license the residence of parties who shall not have been previously furnished with a license or certificate from the Court of Directors, unless the Governor-General or Governor shall authorize by special license the residence of any British subject; his reasons for so doing are to be entered on the Minutes of Council, and a copy of such license, and the reasons for granting it, are to be sent home, accompanied by an application from the party for a license from the Court of Directors. All British subjects are amenable to the courts of justice there, and to the local regulations. No British subject is to reside more than ten miles from a principal settlement, without a special license from the Company, or the Governor-General or Governor of such principal settlement; if resident beyond ten miles, then to be subject to the local civil judicature under certain restrictions, and to have power of appeal to the Supreme Court of Judicature, instead of to the Sudder Dewanny Adawlut; but all persons having cause of action against any British subject, may, at their election, commence and prosecute their suit in supreme courts, instead of suing in such provincial courts. The governments in India may declare licenses and certificates to be void; and after the expiration of two months from the notification to the party of his license being withdrawn, he is liable to prosecution for being in India without a license. Unlicensed parties who shall be found in India, or trading within the Company's exclusive limits, are subjected to various forfeitures and penalties prescribed by the acts of 1793 and 1813. Dismissed persons or persons who shall have voluntarily resigned the service, or any free merchant, mariner, or other person whose covenants with the Company shall have expired or ceased, being found within the limits aforesaid, are to be deemed to have unlawfully traded, and are subject to all the penalties and forfeitures contained in the various Acts. Provision has likewise been made for the summary conviction and punishment of British subjects being in India without license, or exceeding 1793. 1813. 1813. 53 Geo. 5, c. 155, $ 101. the terms of such license, upon information by the Advocate General or other principal law-officer of the Company in either of the Supreme Courts, and the offender is liable to such fine as the Court may see fit, not exceeding 2,000 rupees for the first offence, and imprisonment for two months if the fine is not paid: on conviction of a second offence, 4,000 rupees or four months imprisonment, or he may be sent home and prosecuted for a misdemeanor. Persons not licensed may be sent home without being afterwards prosecuted, and the Governor-General, or in his absence the Vice President and Governor of any presidency or settlement, to take, arrest, seize, and send them to the United Kingdom on board any ship or ships in the Company's service. All British subjects are required to enter in the provincial office the name and place of their native stewards and agents. Justices of the peace may be appointed from the British subjects. By the act of 1813, justices of the peace in the provinces have jurisdiction in case of assault and trespass committed by British subjects on the natives of India, and in cases of small debts due to natives from British subjects. 1784. c. 25, § 44. LAWS. Amenable to Courts in India and England, and subject to the local Regulations. British subjects amenable to jusdone in India. tice for all acts (1) All his Majesty's subjects, as well servants of 24 Geo. 3, the United Company as others, shall be and are hereby declared to be amenable to all courts of justice (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 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. 1786. 26 Geo. 3, c. 57, $ 29. Persons resi amenable to the courts there. (2) As well the servants of the United Company as all other of his Majesty's subjects resident or to be dent in India resident in India, shall be, and are hereby declared to be amenable to the courts of Oyer and Terminer and gaol-delivery, and courts of murders, felonies, homicides, manslaughters, burglaries, rapes of women, perjuries, confederacies, riots, routs, retainings, ble to courts of 1786. c. 57, § 29. 1793. c. 52. § 67. retainings, oppressions, trespasses, wrongs, and other misdemeanors, LAWS. offences and injuries whatsoever, by them done, committed, or perpetrated, or to be by them hereafter done, committed, or perpetrated in any of the countries or parts of Asia, Africa, or America, beyond the Cape of Good Hope to the Streights of Magellan, within the limits of the exclusive trade of the said United Company, whether the same shall have been done, committed, or perpetrated, or shall hereafter be done, committed, or perpetrated against any of his Majesty's subjects, or against any other person or persons whatsoever. His Majesty's (3) All his Majesty's subjects, as well servants of subjects amena- the United Company as others, shall be and are hereby 33 Geo. 3, justice in India declared to be amenable to all courts of justice, both and Great Bri- in India and Great Britain, of competent jurisdiction tain for offences in the territoto try offences committed in India, for all acts, injuries, ries of native wrongs, oppressions, trespasses, misdemeanors, offences princes. and crimes whatever, 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. All persons to (4) All persons who shall proceed to the East-Indies be subject to the shall, upon their arrival at any place within the limits 53 Geo. 3. regulations of of the said United Company's government, be subject to all such rules and regulations as now are or hereafter the local ments.. govern may be in force within those limits. When the Court of Directors refuse, the applications to be transmitted to the Board. As to granting Licenses. (5) And whereas it is the duty of this country to promote the interest and happiness of the native inhabitants of the British dominions in India, and such measures ought to be adopted as may tend to the introduction among them of useful knowledge, and of religious and moral improvement; and in furtherance of the above objects, sufficient facilities ought to be afforded by law to persons desirous of going to and remaining in India, for the purpose of accomplishing those benevolent designs, so as the authority of the local governments respecting the intercourse of Europeans with the interior of the country be preserved, and the principles of the British Government, on which the natives of India have hitherto relied for the free exercise of their religion, be inviolably maintained: and whereas it is expedient to make provision for granting permission to persons desirous of going to and remaining in India for the above purposes, and also to persons desirous of going to and remaining there for other lawful purposes; be it therefore enacted, that when and as often as any application shall be made to the said Court of Directors, for or on behalf of any person or persons desirous of proceeding to the East-Indies for permission H 4 1813. c. 155, $ 35. $ 33. |