Persons in service of company transporting warlike stores, etc. Penalty. Company's servants in the East Indies guilty of oppression may be tried of King's Bench, and (Secs. 4-5.) Be it further enacted by the authority aforesaid, that all and every officer and officers, mariners, or other person or persons, in the service of the said united company, who shall, from and after the passing of this Act, carry, transport or send, or cause to be carried, transported or sent, to the East Indies aforesaid, or shall put or cause to be put on board any ship in the service of the said united company trading to the East Indies any artillery, ordnance, musquets, firearms, ammunition, or warlike stores of any kind whatsoever, or shall knowingly aid. or assist therein, without the license or authority of the said united company, with intention or for the purpose of transporting, selling, trafficking, bartering, exchanging or otherwise uttering or disposing of the same in the East Indies, or within the limits of the said united company's trade, shall, in every such case, be deemed and adjudged to be guilty of a high crime and misdemeanour, and as such shall and may be prosecuted for the same in His Majesty's Court of King's Bench at Westminster; and sach person or persons so offending, being convicted, shall be liable to such corporal punishment or fine as the said court shall think fit.1 3. [Rep. as to U. K. 50 & 51 Vict., c. 59 (S. L. R.). Omitted as being obsolete and inapplicable to India.] 4. And * * * * 2 if any person or persons whatsoever em ployed by or in the service of the said united company, in any civil or military station, office, or capacity whatsoever in the East Indies, or deriving or claimor other crime, ing any power, authority, or jurisdiction by or from the said united company, in the Court shall, after the passing of this Act, be guilty of oppressing any of his Majesty's subjects beyond the seas within their respective jurisdictions, or in the exercise punished as if of any such station, office, employment, power, or authority derived or claimed by, from, or under the said united company, or shall be guilty of any other crime or offence, such oppressions, crimes, and offences shall and may be enquired of, heard and determined in his Majesty's Court of King's Bench in England; and such punishments shall be inflicted on such offenders as are usually inflicted for offences of the like nature committed in that part of Great Britain called England; offence com mitted in England. Crime may be alleged to be committed and the same and all other offences committed against this Act may be alleged to be committed, and may be laid, enquired of, and tried in the in Middlesex. county of Middlesex. 5. [Rep. as to U. K. 56 & 57 Vict., c. 61; omitted as being inapplicable to India.] 1 The whole of s. 2 was omitted from the Act as printed in the Statutes Revised, Vol. II, Ed. 1871. It is reproduced, however, in the last edition (1889). The words "be it further enacted by the authority aforesaid have been omitted on the authority of section 4 of the Statute Law Revision Act, 1884 (57 & 58 Vict., c. 56)—see post, p. 506. 6. And be it further enacted by the authority aforesaid that this Act shall Public Act. be deemed and taken to be a public Act, of which notice shall be judicially taken by all judges, justices and other persons whatsoever, without specially pleading the same.1 7. [Rep. as to U. K. 56 & 57 Vict., c. 61; omitted as being inapplicable to India.] THE BRITISH NATIONALITY ACT, 1772.2 An Act to extend the Provisions of an Act, made in the Fourth year of the plain a Clause in an Act, made in the Seventh year of the reign of Her late Majesty Queen Anne, for naturalizing Foreign Protestants, which relate to the children of the natural born subjects of the Crown of England, or of Great Britain," to the Children of such Children. WHEREAS divers natural-born subjects of Great Britain who profess, Preamble. and exercise the protestant religion, through various lawful causes, especially for the better carrying on of commerce, have been, and are, obliged to reside in several trading cities and other foreign places, where they have contracted marriages and brought up families: And whereas it is equally just and expedient that the kingdom should not be deprived of such subjects, nor lose the benefit of the wealth that they have acquired; and therefore that not only the children of such naturalborn subjects, but their children also, should continue under the allegiance of his Majesty, and be intitled to come into this kingdom, and to bring hither and realize or otherwise employ their capital; but no provision hath hitherto been made to extend farther than to the children born out of the ligeance of his Majesty, whose fathers were natural-born subjects of the Crown of England, or of Great Britain: May it therefore please your most excellent Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that all persons born, or who hereafter shall be born, out of the ligeance of the Crown of England, or of Great Britain, whose fathers were or shall be, by virtue of Statute made in the fourth year of King George the Second to explain a clause in an Act made in the seventh year of the reign of Her Majesty Queen a 1 S. 6 was repealed as to the United Kingdom by 50 & 51 Vict., c. 59 (S. L. R.). It may be a question whether, with reference to 8. 57 (2) of the Indian Evidence Act, 1872 (I of 1872) it ought not to be retained in the Indian Statute-book. See hitty's Statutes, Tit. Alien; Hall's Foreign Jurisdiction of the Crown, pp. 18 - 71. Dicey's Conflict of Laws, pp. 175 and 740. And, for the construction of this Act with 4 Geo. 2, c. 21, see De Geer v. Stone, 23 Ch. D., 243. 4 Geo. 2, c. 21.] [7 Ann c.5.] [13 Geo. 3, c. 63. The East India Company Act, 1772. (Sec. 7.) Anne, for naturalizing foreign protestants, which relates to the natural-born subjects of the Crown of England, or of Great Britain, intitled to all the rights and privileges of natural-born subjects of the Crown of England, or of Great Britain, shall and may be adjudged and taken to be, and are hereby declared and enacted, to be natural-born subjects of the Crown of Great Britain, to all intents, constructions, and purposes whatsoever, as if he and they had been and were born in this kingdom, any thing contained in an [12 & 13 W. 3. Act of the twelfth year of the reign of King William the Third, intituled "An c 2.] "Act for the further limitation of the Crown, and better securing the rights "and liberties of the subject," to the contrary in any-wise notwithstanding. * that nothing in this present Provisoes, etc., of 4 Geo. 2, [c. 21] not repealed by this Act. Not to defeat any right vested in an 2. Provided always * * * Act contained shall extend, or be construed, adjudged, or taken to extend, to make any persons born or to be born out of the ligeance of the Crown of England, or of the Crown of Great Britain, to be natural-born subjects of the Crown of Great Britain contrary to all or any of the provisoes, exceptions, limitations, and restrictions, contained in the aforesaid Act made in the fourth year of the reign of his said late Majesty, or to repeal, abridge, or alter the same; but all such clauses shall be and remain in the same state, plight, and condition, to all intents, constructions, and purposes whatsoever, as they would have been if this presert Act had never been made. 3. [Rep. 34 & 35 Vict., c. 48.] 4. Provided always * * * that no person shall be enabled hereby to defeat any estate, right, or interest which upon the last day of this other person session shall be lawfully vested in any other person, or to claim or demand any on the last day of this session. estate or interest which shall hereafter accrue, unless such claim or demand be made within five years next after the same shall accrue. A governorgeneral and four counsel. lors to be ap pointed, in whom the THE EAST INDIA COMPANY ACT, 1772.1 (13 Geo. 3, c. 63.) An Act for establishing certain Regulations for the better Management of the [Preamble and ss. 1-6, rep. as to U. K. 50 & 51 Vict., c. 59 (8. L. R.) Omitted as being obsolete and inapplicable to India.] 7. And for the better management of the said united company's affairs in India, be it further enacted by the authority aforesaid, that for the government of the Presidency of Fort William in Bengal there shall be appointed a governor-general and four counsellors; This Act is commonly known as "the Regulating Act." For historical notes, see Ilbert's Government of India, pp. 43 et. seq., and 278–282. (Secs. 8-9.) and Orissa ed. and that the whole civil and military government of the said presidency, whole civil and military gov. and also the ordering, management, and government of all the territorial ernment of acquisitions and revenues in the kingdoms of Bengal, Behar and Orissa, shall, Bengal, Behar, during such time as the territorial acquisitions and revenues shall remain in shall be vestthe possession of the said united company, be and are hereby vested in the said governor-general and council of the said presidency of Fort William in Bengal, in like manner to all intents and purposes whatsoever as the same now are or at any time heretofore might have been exercised by the president and councillor select committee in the said kingdoms.1 8. And * * * in all cases whatsoever wherein any In case of difference of opinion shall arise upon any question proposed in any consult- difference of opinion, the ation, the said governor-general and council shall be bound and concluded by decision of the the opinion and decision of the major part of those present: major part to be conclusive; and if votes equal, the eldest counsel. and if it shall happen that, by the death or removal, or by the absence of any of the members of the said council, such governor-general and council shall governor or happen to be equally divided, then and in every such case the said governor- lor to have a casting voice. general, or, in his absence, the eldest counsellor present, shall have a casting voice, and his opinion shall be decisive and conclusive. * * governor Bencoolen. 9. And * the said governor-general and council Power of the or the major part of them, shall have, and they are hereby authorised to have general in council in power of superintending and controuling the government and management of Madras, the presidencies of Madras, Bombay and Bencoolen respectively, so far and Bombay, and in so much as that it shall not be lawful for any president and council of Madras, Bombay or Bencoolen for the time being to make any orders for commencing hostilities, or declaring or making war, against any Indian princes or powers, or for negotiating or concluding any treaty of peace, or other treaty, with any such Indian princes or powers, without the consent and approbation of the said governor-general and council first had and obtained, except in such cases of imminent necessity as would render it dangerous to postpone such hostilities or treaties until the orders from the governorgeneral and council might arrive, and except in such cases where the said presidents and councils respectively shall have received special orders from the said united company; and any president and council of Madras, Bombay or Bencoolen who shall offend in any of the cases aforesaid shall be liable to be suspended from his or their office by the order of the said governor-general and council 2; and every president and council of Madras, Bombay and Bencoolen for the time being shall and they are hereby respectively directed and required 1 Apparently superseded by 3 & 4 Will. 4, c. 85, but not repealed. 2 Modified by 33 Geo. 3, c. 52, s. 48. (Secs. 10-13.) to pay due obedience to such orders as they shall receive touching the premises from the said governor-general and council for the time being * * * 1; and the said governor-general and council for the time being shall and they are hereby directed and required to pay due obedience to all such orders as they shall receive from the court of directors of the said united company, and to correspond from time to time, and constantly and diligently transmit to the said court an exact particular of all advices or intelligence, and of all transactions and matters whatsoever, that shall come to their knowledge relating to the government, commerce, revenues or interest of the said united company; 10. And * * * * * * * * * *1 Warren Hastings, Esquire, shall be the first governor-general, and lieutenant-general John Clavering, the Honourable George Monson, Richard Barwell, Esquire, and Philip Fraucis, Esquire, shall be the four first councellors; and they and each of them shall hold and continue in his and their respective offices for and during the term of five years from the time of their arrival at Fort William in Bengal, and taking upon them the government of the said presidency, * * * * and from and after the expiration of the said term of five years, the power of nominating and removing the succeeding governor-general and council shall be vested in the directors of the said united company. 2 11. [Rep. us to U. K. 50 & 51 Vict., c. 59 (S. L. R.). Omitted as being spent.] 12. [Rep. 55 & 56 Vict., c. 19 (S. L. R.).] 13. And whereas his late Majesty King George the Second did by his letters patent, bearing date at Westminster this eighth day of January, in the twenty-sixth year of his reign, grant unto the said united company of merchants of England trading to the East Indies his royal charter, thereby amongst other things, constituting and establishing courts of civil, criminal and ecclesiastical jurisdiction at the said united company's respective settlements at Madras-patnam, Bombay on the Island of Bombay, and Fort William in Bengal, which said charter does not sufficiently provide for the due administration of justice in such manner as the state and condition of the company's presidency of Fort William in Bengal, so long as the said company shall continue in the possession of the territorial acquisitions before mentioned, do and must require · 1 Words repealed by 55 & 56 Vict., c. 19 (S. L. R.) have been omitted. 2 Seems spent, but is probably the origin of the five years' rule which is still observed in practice. |