SALARIES. 1813. 53 Geo. 3, THE parliamentary enactments relating to salaries may be stated under the following heads: 1st. Those which fix a specific salary to certain offices. 2dly. Those which limit the amount to be drawn by servants in India. 3dly. Those which authorize the payment of a portion of the salary of a deceased party to the executors or repre sentatives. 4thly. Those regarding the increase of salaries beyond £200 per annum. There are also certain By-Laws of the Company relating to salaries which will be noticed. The salaries fixed by Parliament are those of the GovernorGeneral and Members of Council in Bengal, of the Judges of the Supreme Courts of Judicature at Calcutta, Madras, and Bombay, and of the Bishop of Calcutta and the Archdeacons of the three Presidencies. The salary of the Recorder of Prince of Wales' Island is fixed in the letters-patent. The salaries of the several officers commence from and after their respectively taking upon them the execution of their offices, and cease on their resignation or departure. BENGAL. The salaries of the Governor-General and Members of Council, and of the Judges of the Supreme Court at Calcutta, are fixed by the Regulating Act of 1773. To the Governor-General...............£25,000 per annum. MADRAS. When the Supreme Court was first established at Madras, in 1800, the salaries of the Judges were fixed at £6,000 per annum to the Chief Justice, and £5,000 per annum to each of the Puisne Judges, payable at eight shillings the pagoda. In 1825, the subject of increasing the salaries of the Judges in Great Britain was brought before Parliament; and, at the same time, it was proposed to fix an even sum in the currency of Madras for the Judges of the Supreme Court there. To the Chief Justice............60,000 Madras Rs. per annum. do. The 6th Geo. 4, cap. 85, was accordingly passed. BOMBAY. The act authorizing the establishment of a Supreme Court at Bombay passed in July 1823; the salaries to the Judges are fixed by the act of 1825. 60,000 Bombay Rs. per annum. To the Chief Justice Any judge executing the office of Chief Justice is to be entitled to the salary of chief justice for such time as he shall officiate. 6 Geo. 4, c.85, § 4. PRINCE OF WALES' ISLAND, SINGAPORE, AND MALACCA. Recorder. In the month of March 1805, the East-India Company presented a petition to the King, praying that his Majesty would be graciously pleased to establish a Court of Judicature at Prince of Wales' Island. It became necessary to fix the salary which should be allotted to the Recorder; the Court of Directors, having considered the subject, recommended to the General Court to grant £4,000 per annum for that purpose; and also to authorize the Court to grant a pension, not exceeding £1,000 per annum, to any person who should have resided on the island, in the office of Recorder, for any period not Letters not less than ten years. The proposition was laid before the proprietors on the 21st May. On the 18th June following a warm debate took place in the General Court, the measure being supported by the chairman, and opposed by Mr. George Johnstone, Mr. Peter Moore, Mr. Kemble, and other proprietors, not only on the ground that the appointment was unnecessary, but under the persuasion that the interference of his Majesty's ministers was apparent throughout the measure. The question was negatived without a division. On the 24th September following, the subject was again brought under discussion, and it was proposed to grant a salary of £3,000, with a pension of £1,000 after ten years' service. The chairman stated, that letters had been received from Prince of Wales' Island since the meeting of the Court in June, expressive of the great want of such a person and the mischief which would ensue from any delay. The resolution for fixing the salary at £3,000 per annum was carried in the affirmative, but that for granting a pension of £1,000 per annum was negatived. Letters-patent were issued on the 25th March 1807, by which the Recorder is authorized to receive from the Company a salary of £3,000 per annum, to be calculated at five shillings for every dollar current within the factory. By the act of the 5th Geo. IV, cap. 8, passed in June 1824, the island of Singapore, together with Malacca, were transferred to the Company. By the 6th Geo. IV, cap. 85, sec. 21 (5th July 1825), the Court of Directors are authorized, if they shall see fit, to annex Singapore and Malacca to Prince of Wales' Island; and by the 19th section of the same act, his Majesty is authorized by letters-patent to make provision for administering justice at Singapore and Malacca. Bishop and Archdeacons. The salaries to the Bishop and Archdeacons are fixed by the act of 1813, viz. To the Bishop of Calcutta £5,000 per annum, at two shillings the Bengal current rupee. To the Archdeacon at Calcutta £2,000 per annum, at the same exchange. To To the Archdeacon at Madras £2,000 per annum, at eight shillings the Madras pagoda. To the Archdeacon at Bombay £2,000 per annum, at two shillings and threepence the Bombay rupee. Civil Servants. The whole of the salaries fixed by legislative enactments have been noticed in the foregoing detail. Those which limit the amount to be drawn by civil servants are contained in the 82d section of the act of 1813. In the act of 1793, three years' residence in India was requisite to entitle a civil servant to hold an office of £500 per annum, six years for £1,500 per annum, nine years for one of £3,000 per annum, and twelve years for one of £4,000 per annum. At present Until a civil servant shall have resided four years in India he is not qualified to hold a place of more than £1,500 per annum; until seven years, of more than £3,000; after ten years, of £4,000, including council. Payment of Salary to Executors or Representatives. By the 6th Geo. IV, cap. 85, passed in 1825, provision is made that in all cases from and since the 22d January 1822, in the event of a judge or bishop dying either during his voyage or within six months after his arrival, the salary for one year shall be paid to the legal personal representatives; and that from the 1st January 1823, on the death of any judge, bishop, or recorder, after the expiration of six months from the time of his arrival in India, a sum equal to the amount of six months' salary to the legal representatives. In March 1826, a bill was brought into Parliament to authorize the Company to cause payment to be made to the representatives of officers in their civil or military service who having quitted or left their stations, and not having proceeded or intended to proceed to Europe, but intending to return to their stations, have died, or who may hereafter die during their temporary absence within the limits of the Company's charter, or at the Cape of Good Hope, of such salaries and allowances, or such portion thereof as the officers so dying would have been entitled to if they had returned to their stations: the payments which have already been made under similar circumstances are confirmed. Increase of Salaries beyond £200 per Annum. The limitation as to increase of salaries, &c. beyond £200 per annum, without the consent of the Board of Commissioners, is fixed by the 125th section of the act of 1793. The approbation of the proprietors is required by the By-Law. LAWS. 1773. c. 63, § 21. LAWS. GOVERNOR-GENERAL, MEMBERS OF COUNCIL, and Judges. Bengal. Salaries established to the governor-general, (1) And be it further enacted by the authority afore13 Geo. 3, said, that during such time as the territorial acquisitions shall remain in the possession of the said Com- council, chief pany, the Court of Directors of the said United Com- justice, and judges. pany shall, and they are hereby required to direct, and cause to be paid, certain and established salaries to the governorgeneral and to each of the council of the said United Company's presidency of Fort-William in Bengal, and to the chief justice and each of the judges of such Supreme Court of Judicature at Fort William, as shall be by the said new charter established; (that is to say) to the governor-general twenty-five thousand pounds by the year, and to each of the council of the said United Company's presidency of Fort William in Bengal ten thousand pounds by the year; and to the chief justice eight thousand pounds by the year; and to each of the judges of the said Supreme Court of Judicature at Fort William, six thousand pounds by the year: and that such salaries shall be paid and payable to each and every of them respectively for the time being out of the said territorial acquisitions in the kingdoms of Bengal, Bahar, and Orissa. (2) And be it further enacted by the authority aforesaid, that the salaries of such governor-general and council, and of such chief justice and judges of such Supreme Court of Judicature as aforesaid, shall take place and commence upon and from the day* of their respectively taking upon them the execution of these offices; and that all such salaries to such governor-general and council, and of such chief justice and judges, shall be in lieu of all fees of office, perquisites, emoluments and advantages whatsoever, and that no fees of office, perquisites, emoluments or advantages whatsoever shall be accepted, received, or taken by such governor-general and council, or by such chief justice and judges, as aforesaid, or any of them, in any manner, or on any account or pretence whatsoever, other than such salaries and allowances as are in and by this act directed to be paid to them respectively. By the 53 Geo. 3, cap. 155, sec. 89. Madras. |