66

"war between the British Government and any State or "Power whatever, to export from the said territories, with" out the special permission of the British Government, any "military stores, or naval stores, or rice. The citizens of the "United States shall pay for their vessels, when admitted, no higher or other duty or charge than shall be payable on the "vessels of the most favoured European nations; and they "shall pay no higher or other duties or charges on the impor"tation or exportation of the cargoes of the said vessels than "shall be payable on the same articles, when imported or "exported in the vessels of the most favoured European "nations.

"But it is expressly agreed, that the vessels of the United "States shall not carry any articles from the said principal "settlements to any port or place, except to some port or "place in the United States of America where the same shall "be unladen.

"It is also understood, that the permission granted by this "article is not to extend to allow the vessels of the United "States to carry on any part of the coasting trade of the said "British territories; but the vessels of the United States hav"ing, in the first instance, proceeded to one of the said prin"cipal settlements of the British dominions in the East-Indies, "and then going with their original cargoes to any part "thereof, from one of the said principal settlements to ano

6.

ther, shall not be considered as carrying on the coasting "trade. The vessels of the United States may also touch "for refreshment, but not for commerce, in the course of "their voyage to or from the British territories in India, or "to or from the dominions of the Emperor of China, at the

66

Cape of Good Hope, the island of St. Helena, or such "other places as may be in the possession of Great-Britain, "in the African or Indian seas; it being well understood that "in all that regards this article, the citizens of the United "States shall be subject, in all respects, to the laws and "regulations of the British Government, from time to time "established..

"Art. IV. It shall be free for each of the two contracting parties respectively to appoint consuls, for the protection of "trade,

66

"trade, to reside in the dominions and territories of the other "party; but before any consul shall act as such, he shall, in "the usual form, be approved and admitted by the govern"ment to which he is sent; and it is hereby declared, that in case of illegal or improper conduct towards the laws or government of the country to which he is sent, such consul "may either be punished according to law, if the laws will "reach the case, or be sent back, the offended government assigning to the other the reasons for the same.

66

"It is hereby declared, that either of the contracting par"ties may except from the residence of consuls such particular places as such party shall judge fit to be so excepted."

66

On the 20th of October 1818, a further convention was signed, explanatory of and arranging the differences which had arisen respecting liberty claimed by the United States for the inhabitants thereof to take, dry, and cure fish, &c., on certain coasts, bays, harbours, and creeks of his Britannic Majesty's dominions. By this convention, the term of four years, to which that of 1815 was confined, was extended to the term of ten years from the said 20th October 1818.

The act of the 59th Geo. III, cap. 54, was passed to carry into effect the provisions of the convention; by the sixth section of which American vessels are permitted to clear out from any port in the United Kingdom for the British settlements in the East-Indies, subject to the same regulations as British vessels.

Vessels of Ame

lowed to clear

India.

LAWS.

1819.

c. 54, § 6.

(1) And whereas it is expedient that vessels built rican-built al- in the countries belonging to the United States of 59 Geo. 3, out for British America, or any of them, or condemned as prize there, settlements in and being owned and navigated as hereinbefore-mentioned, should be allowed to clear out from any part of the United Kingdom, for the principal settlements of the British dominions in the East-Indies, viz. Calcutta, Madras, Bombay, and Prince of Wales' Island, with any articles which may be legally exported from the United Kingdom to the said settlements in British-built ships; be it therefore enacted, that all vessels built in the said United States of America, or any of them, or condemned as prizes there, and being owned

* Master and three-fourths of the mariners to be subjects of the said states.

LAWS.

owned and navigated as herein-before mentioned, shall be allowed to clear out from any port of the United Kingdom for the following principal settlements of the British dominions in the East-Indies, viz. Calcutta, Madras, Bombay, and Prince of Wales' Island, with any goods, wares, or merchandize, which may be legally exported from the United Kingdom to the said settlements in British-built vessels, subject to the like rules and regulations, restrictions, penalties, and forfeitures as are now by law imposed upon the exportation of such goods to the said settlements in British-built ships, any law, custom, or usage to the contrary notwithstanding.

ANNUITIES.

By the 10th of Wm. III. a new East-India Company was established; the union between the old and the new Companies took place in 1702. The new Company had advanced to the Government, at the time of their incorporation, the sum of £2,000,000, at eight per cent. interest, payable quarterly; in 1708 the Joint Company lent a further sum of £1,200,000 without interest: thus the loan to Government was £3,200,000, bearing an interest on the whole of £5 per cent. In 1730, the Company consenting to the interest being reduced from five to four per cent., and paying the sum of £200,000 to the public, the exclusive trade was continued to them until 1766. In 1744 the Company agreed to lend £1,000,000 at three per cent. to the Government, on their exclusive trade being continued to 1783. In 1749 the Company consented to a reduction in the interest on the £4,200,000 from four to three per cent., on condition that they were empowered to raise money towards the discharge of their bond debt by the sale of three per cent. annuities to the amount of the debt due from the public to the Company. The sum of £2,992,440. 58. was raised, the dividends on which were paid at the East-India House, Government allowing the Company £1,687 per annum for charges of management: these, together with £1,207,559. 15s., being the residue of the debt of £4,200,000 from the public, form the East-India Annuities, which, by the Act of the 33d Geo. III, cap. 47, were placed under the management of the Bank, and engrafted on the Three per Cent. Reduced Annuities. By the same Act the Company was allowed to increase their capital stock from five to six millions.

APPEALS.

13 Geo. 3, c. 63.

$ 36.

THE right of appeal forms a most important part of every well-devised system of legal administration; it guards against the injury which might be inflicted by unjust decisions of inferior courts of primary jurisdiction, whether arising from error in judgment or any less venal cause, at the same time that it is calculated to maintain regularity and enforce duty. In England, appeals lie from the lowest court, as well as from Courts Baron and County Courts, to the Courts of Record at Westminster and from those courts and the Court of Chancery to the one great court of appeal, the House of Lords, which is described by Blackstone in the following terms: "it is the last resort, in matters both of law "and equity, and which will, therefore, take care to preserve "an uniformity and equilibrium among all the inferior juris"dictions—a court composed of prelates, selected for their piety, and of nobles, advanced to that honour for their personal merit, or deriving both honour and merit from an "illustrious train of ancestors, who are formed by their edu"cation, interested by their property, and bound upon their "conscience and honour to be skilled in the laws of their "country."

The act of 1773, commonly called the Regulating Act, authorized the establishment of a Supreme Court of Judicature for the administration of British laws in India, and provided at the same time for investing the Governor General and Council with powers to make such rules, ordinances, and regulations for the good government of the Company's pos21 Geo. 3, sessions as they might judge to be expedient. By the Explanatory Act of 1781, the jurisdiction of the Supreme Court was more accurately defined, with a reservation of the laws and usages of the natives.-(Vide Courts of Judicature.)

c. 70.

Many rules and orders were passed by Government from 1772; but it was not until 1793 that the existing code of regu

lations