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LAWS.

1820.

1&2, Geo.4, c. 61, § 4.

Chap. 1,
$ 1.
$4.

§ 10.

§ 6, 7, & 8.

$ 9.

$ 2.

$3.

§ 11.

$5.

Chap. 6, $ 19.

Prize-Money.

(10) Accounts of unclaimed shares of prize-money belonging to soldiers or sailors in the Company's service to be delivered to the Company on oath.

BY-LAWS.

Accounts, general, Books of, to be balanced yearly to 30th April.
Accounts laid before Parliament to be laid before General Court.
Accounts to pass Court of Directors quarterly.

Exports and Payments, Accounts of, to be kept by clerks to
Committee of Shipping and Buying.

Freight and Demorage, Account of each ship to be kept in Freight Office.

Indian Books to be balanced yearly to 30th April and sent home. Nett Proceeds of Sales, Duties on Private Trade, and Application of all Nett Profits, Account of, to be laid before General Court annually.

Receipts and Payments, Accountant, his deputy, or person keeping journal, to examine all, fourteen days after every month.

State of Company's affairs per computation to 30th April, to be laid before Quarterly General Court in the month of December following at latest.

Superannuations to officers and servants, to be laid before the General Court.

(5)

ALIENS.

AT the period of the French revolution the influx of foreigners was great; and, as many of them had conducted themselves in such a manner as to justify suspicion of their intentions, Government deemed it expedient, for the security of Great Britain, to submit a bill to Parliament, containing various proposed legislative provisions relative to Aliens. Lord Grenville accordingly, on the 19th December 1793, brought a bill into the House of Lords for that purpose. The bill was considered an extraordinary measure, but the country was in a situation to render extraordinary measures necessary. Reference was made to the reign of Queen Elizabeth, when the overgrown power of Philip the Second agitated and alarmed every surrounding nation. It was asserted that many seditious writings, as well as forces and secret emissaries, were at work. In the Lords, the bill was supported by the Dukes of Leeds, Richmond, and Portland, and Lords Carlisle, Spenser, Stormont, Hawkesbury, Loughborough, and Grenville; and opposed by the Duke of Norfolk, Lords Lansdowne, Guildford, and Lauderdale ;-it passed without a division.

In the House of Commons the measure was more fully discussed. Mr. Dundas, on the second reading, stated that many of the foreigners who had fled from their country, were liable to suspicion, and had been engaged in those very transactions of cruelty and outrage, which he was confident none could defend; it became matter of still more serious consideration, since there had been found men in this country so infatuated, as to have adopted those very principles which in the country where they originated had overthrown the constitution, and were inimical to the principles of every go vernment. On the occasion of this debate, Mr. Burke made his celebrated speech; in the course of which he adverted to three thousand daggers having been manufactured at Birming

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ham, and to enforce his account threw down one of them on the floor of the House, and bid them look to it as a sample of the fruits to be obtained by an alliance with France, exclaiming, at the same time, that he would to the utmost of his power keep French infection from our country, their principles from our minds, and their daggers from our hearts. It was likewise supported by Mr. Pitt, but opposed by Mr. Fox. The measure was carried.

The act of the 33d Geo. III, cap. 4, commonly called the Alien Act, was accordingly passed, by which masters of ships arriving from foreign ports, under certain penalties, were required to report the number and names of every foreigner on board to the custom-house officers. Justices and others were appointed to grant passports to such aliens; power was given to the King to restrain and send them out of the kingdom, on pain of transportation, and, on their return, of death. Aliens were required to give in an account of the arms which they possessed, and, if necessary, to surrender them; neither could they proceed from one part of the kingdom to another without a passport. Amendments were made in the 34th Geo. III. The act was continued in a modified shape, after the peace of Amiens in 1801, and that of Paris in 1814. The 56th Geo. III. was the last act which passed on the subject: as connected with the United Kingdom: it has been designated as the Peace Alien Act.

As respects the British possessions in India, a circumstance arising out of the case of two Roman Catholic priests who had incurred the censure of their diocesan, and were subsequently suspended by him from their functions as priests, at St. Thomé, caused the subject to be discussed at Madras in the year 1814. It was determined that the priests should be required to depart from the Company's territories. They refused to obey the order; in consequence of which they were taken into custody under an order of Government. A writ of habeas corpus having been obtained, the parties were brought before the Supreme Court, where the Advocate-General contended, that the Government possessed the power of seizing and deporting aliens. He was opposed by Mr. Gahagan; the Chief Justice, in expressing his opinion, observed that it might

be

be desirable that Government should have such power, under proper modifications, particularly looking forward to the possible restitution of the foreign settlements in the neighbourhood upon the approaching peace; but, however desirable, it did not appear to him that we possessed it, and therefore the party must be discharged. The other two judges concurred in such opinion, and the priests were discharged accordingly.

The subject was brought to the notice of the authorities in England; and in the following session of Parliament an act was passed, by which the Indian Governments were respectively empowered to remove persons not being British subjects, under the following provisions.

LAWS.
Aliens.

1815.

c. 84, § 6.

Removal of per(1) Whereas it is expedient that the several governsons not being ments in the East-Indies should be enabled to prevent 55 Geo. 3, British subjects. subjects of foreign states from residing or sojourning within the British territories there, against the consent of such governments respectively; be it further enacted, that it shall and may be lawful to and for the Governor-General in Council, and to and for the Governor in Council or chief officer for the time being of any presidency, or of any place not being subordinate to any presidency under the government of the United Company of Merchants of England trading to the East-Indies, to cause notice in writing to be given to any person, not being a native of any part of the British territories in India, or within the limits of the charter of the said United Company, other than such natural-born subjects of his Majesty as may from time to time lawfully resort to or reside in the East-Indies, to remove himself or herself from such presidency, or from all or any part of the British territories in the East-Indies, as may be deemed expedient, within a time to be limited by such notice: and in case any such person shall not obey such notice, then it shall and may be lawful to and for the Governor-General in Council or Governor in Council or other chief officer (as the case may be) of the place where such person shall be found, to cause such person to be apprehended and brought before the court of civil or criminal judicature, to the jurisdiction whereof such place may be subject; and upon proof being made upon oath to the satisfaction of such court, by any credible witness swearing to his knowledge or belief, stating the ground of such belief, that such person is an alien and the subject of a foreign state, and that such notice as aforesaid has been served on B 4 such

LAWS.

1815.

55 Geo. 3,

c. 84,

§ 7.

such person, either personally or by leaving the same at his dwellinghouse, unless such person shall prove that he is a natural-born subject of his Majesty authorized to reside in India, or a native of the British territories in India, or within the limits of the charter of the Company, for the making which proof, reasonable time and opportunity shall be allowed by the said court, such person shall be remanded by the said court into the custody of the Governor-General, Governor, or chief officer, who shall, as soon as may be, cause such person to be removed, in such manner as his or her rank, state, and condition in life shall require, by the first convenient opportunity, to the country or place to which he or she shall belong if he or she shall be willing to go thereto, or otherwise to such country or place as the GovernorGeneral, Governor, or officer by whose authority he or she shall have been apprehended or shall be detained, shall be of opinion shall be most proper, regard being had to the convenience of the person to be removed, and the peace and security of the British territories in the East-Indies, and of the allies of his Majesty and the East-India Company, and of any neighbouring princes or states; and in the meantime, and until such person can be conveniently and properly removed, it shall and may be lawful to detain him or her in such custody, or under such guard as the person by whose authority he or she shall have been apprehended or shall be detained shall see fit and necessary, so as that the person detained may be put to as little inconvenience as shall be, consistent with the object of his or her detention; and in case any such person, having removed him or herself in pursuance of any such notice, or having been so removed, shall again wilfully return to any country or place from which he or she shall have had notice to remove, without the consent of the Government or chief officer of the place to which he or she shall so return, it shall and may be lawful to and for the Governor-General in Council, or Governor in Council, or chief officer of the place where such person shall be found, to cause such person to be apprehended and detained in safe custody, until he or she shall be discharged out of custody, upon such terms and conditions as the Governor-General in Council, Governor in Council, or other chief officer at the place where he or she shall be detained, shall deem sufficient for the peace and security of the British territories, and of the allies of his Majesty and of the EastIndia Company, and of the neighbouring princes and states.

Warrant for Apprehension.

(2) It shall be lawful to carry into execution any Warrant or auwarrant or authority for the apprehension, detention, thority for apprehension. or removal of any such person or persons as aforesaid, notwithstanding he, she, or they may be in custody, or delivered to bail, or in execution on any civil process, and notwithstanding any license, privilege, or protection whatsoever, any law, statute, or usage to the contrary notwithstanding: provided always, that no British subject,

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