an authentic copy thereof, and it is lawful for His Majesty to signify through the Secretary of State in Council his disallowance of any such Act. (6) Where the disallowance of any such Act has been so signified, the governor or lieutenant-governor or chief com missioner must forthwith notify the disallowance, and thereupon the Act, as from the date of the notification, becomes void accordingly. (a) Assent has been withheld on one or more of the following grounds: (1) that the principle or policy of the Act, or of some particular provision of the Act, is unsound; (2) that the Act, or some provision of the Act, is ultra vires of the local legislature; (3) that the Act is defective in form. With respect to (3), the recent practice of the Government of India has been to avoid criticism of the drafting of local Bills or Acts. Validity of Indian Laws. of doubts as to validity of certain 79. A law made by any authority in India is not invalid Removal solely on account of any one or more of the following reasons: (1) in the case of a law made by the Governor-General in Council, because it affects the prerogative of the Crown (a); (2) in the case of any law, because the requisite proportion of members not holding office under the Crown in India was not complete at the date of its introduction to the Council or its enactment; (3) in the case of a law made by a local legislature, because it confers on magistrates, being justices of the peace, the same jurisdiction over European British subjects as that legislature by Acts duly made could lawfully confer on magistrates in the exercise of authority over natives in the like cases (b). (a) This saving does not appear to apply to the local legislatures. See note (d) on s. 76. As to the prerogatives of the Crown, see note (a) on s. 36. (b) An Indian Act (XXII of 1870) was passed to confirm certain previous Acts of the Madras and Bombay legislatures which had been adjudged invalid on the ground of interference with the rights of European British subjects. See R. v. Reay. 7 Bom. Cr 6, and the laws. 67, 88. 14, 24, 33, 48. 34 & 35 Vict. c. 34, s. 1.] speeches of Mr. FitzJames Stephen in the Legislative Council in 1870, Proceedings, pp. 362, 384. As Indian legislation could not confer on local legislatures the requisite power in the future, it was conferred by an Act of Parliament in 1871 (34 & 35 Vict. c. 34). Salaries and allow tain other PART VII. SALARIES, LEAVE OF ABSENCE, VACATION OF OFFICE, 80.-(1) There are to be paid to the Governor-General of ances of India and to the other persons mentioned in the First Schedule governor to this Digest, out of the revenues of India, such salaries, not general and cer- exceeding in any case the maximum specified in that behalf officials in in the said schedule, and such allowances (if any) for equipIndia. ment and voyage, as the Secretary of State in Council may by order fix in that behalf, and subject to or in default of any such order, as are now payable. [33 Geo. III, c. 52, 8. 32. 3 & 4 Will. IV, c. 85, 8s. 76, 77. 16 & 17 Vict. c. 95, 8. 35. 24 & 25 Vict. c. 67, s. 4. 43 Vict. c. 3, 88. 2, 4.] (2) Provided as follows: (a) An order affecting salaries of members of the GovernorGeneral's council may not be made without the concurrence of a majority of votes at a meeting of the Council of India; (b) If any person to whom this section applies holds or enjoys any pension or salary, or any office of profit under the Crown or under any public office, his salary under this section must be reduced by the amount of the pension, salary, or profits of office so held or enjoyed by him; (c) Nothing in the provisions of this section with respect to allowances authorizes the imposition of any additional charge on the revenues of India. (3) The salary payable to a person under this section commences on his taking upon himself the execution of the office to which the salary is attached, and is to be the whole profit or advantage which he enjoys during his continuance in the office (a). (a) The salaries of the governor-general, governors, and members of council were fixed at what is shown as the maximum in the First Schedule by 3 & 4 Will. IV, c. 85, s. 76; but were there declared to be subject to such reduction as the Court of Directors, with the sanction of the Board of Control, might at any time think fit. The salary of the commander-in-chief and of lieutenant-governors was fixed at 100,000 Company's rupees by 16 & 17 Vict. c. 95, s. 35, but the salaries so fixed were declared to be subject to the provisions and regulations of the Government of India Act, 1833 (3 Will. IV, c. 85), concerning the salaries thereby appointed. The view adopted in this Digest is that these salaries can be fixed at any amount not exceeding the amounts specified in the Acts of 1833 and 1853. The power to reduce has been exercised more than once, but it is open to argument whether the power to reduce involves a power to raise subsequently. The allowances for equipment and voyage of the officers mentioned in the First Schedule (and also of the bishops and archdeacons of Calcutta, Madras, and Bombay) may, under the Indian Salaries and Allowances Act, 1880 (43 Vict. c. 3), be fixed, altered or abolished by the Secretary of State in Council. But nothing in that Act was to authorize the imposition of any additional charge on the revenues of India. Sub-section (3) is taken from s. 76 of the Act of 1833. Under 33 Geo. III, c. 52, s. 32, a commander-in-chief was not to be entitled to any salary or emolument as member of council, unless it was specially granted by the Court of Directors. The salaries and allowances now paid under the enactments reproduced in this Digest are as follows: 1 These allowances are not payable unless the officer is resident in Europe at the time of the appointment. Smaller allowances are payable if the officer is then resident elsewhere. Leave of absence to of council. 81.—(1) The Governor-General in Council and the Govermembers nors of Bengal, Madras, and Bombay in Council respectively may grant to any of the ordinary members of their respective councils leave of absence under medical certificate for a period not exceeding six months. [24 & 25 Vict. c. 67, s. 26.] Provision as to absence or pro vince. (2) Where a member of council obtains leave of absence in pursuance of this section, he retains his office during his absence, and on his return and resumption of his duties is entitled to receive half his salary for the period of his absence; but if his absence exceeds six months his office becomes vacant. 82.-(1) If the Governor-General, the Governor of Bengal, Madras or Bombay, or the commander-in-chief of His from India Majesty's forces in India, and, subject to the foregoing provisions of this Digest as to leave of absence, if any ordinary member of the council of the Governor-General, or of the Governor of Bengal, Madras or Bombay departs from India c. 56, s. 3. intending to return to Europe, his office thereupon becomes 3 & 4 Will. IV, vacant (a). [33 Geo. III, c. 52, 8.37. 7 Geo. IV, c. 85, s. 79. 7 Will. IV, and I I Vict. c. 47.] [(2) No act or declaration of any governor-general, governor. or member of council, other than as aforesaid, except a declaration in writing under hand and seal, delivered to a secretary to the Government of India or to the chief secretary of the presidency wherein he is, in order to its beir recorded, shall be deemed or held as a resignation or surren of his office (b).] [(3) If the governor-general, or any ordinary member of the governor-general's council, leaves India otherwise than in the known actual service of the Crown, and if any governor, lieutenant-governor, or ordinary member of a governor's council leaves the presidency to which he belongs otherwise than as aforesaid, his salary and allowances are not payable during his absence to any person for his use (c).] [(4) If any such officer, not having proceeded or intended to proceed to Europe, dies during his absence and whilst intending to return to India or to his presidency, his salary and allowances, will, subject to any rules in that behalf made by the Secretary of State in Council, be paid to his personal representatives. (5) If any such officer does not return to India or his presidency, or returns to Europe, his salary and allowances will be deemed to have ceased on the day of his leaving India or his presidency (d).] (a) Under the Act of 1793 33 Geo. III, c. 52, s. 37, 'the departure from India of any governor-general, governor, member of council, or commander-in-chief, with intent to return to Europe, shall be deemed in law a resignation and avoidance of his office,' and his arrival in any part of Europe is to be a sufficient indication of such intent. The Act of 1833 (3 & 4 Will. IV, c. 85, s. 79) enacts in almost identical words that the return to Europe, or departure from India with intent to return to Europe, of any governor-general of India, governor, member of council, or commander-in-chief, is to be deemed in law a resignation and avoidance of his office or employment. These provisions have been qualified as to members of council by the power to grant sick leave under the Act of 1861 (see s. 82). But when the Duke of Connaught wished to visit England in the Jubilee year during his term of office as commander-in-chief in the Bombay Presidency a special Act had to be passed (50 Vict. sess. 2, c. 10). (b) This sub-section reproduces a provision in s. 79 of the Act of 1833, which was copied from a similar provision in the Act of 1793. The provision possibly arose out of the circumstances attending Warren Hastings's resignation in 1776 (see above, p. 64), but does not appear to be observed in practice. (c) This sub-section is intended to reproduce as far as practicable e effect of the enactments still in force on this subject, but their nguage is not clear, and was framed with reference to circumstances hich no longer exist. Section 37 of the Act of 1793 enacts that if any such governorgeneral or any other officer whatever in the service of the said Company shall quit or leave the presidency or settlement to which he shall belong, other than in the known actual service of the said Company, the salary and allowances appertaining to his office shall not be paid or payable during his absence to any agent or other person for his use, and in the event of his not returning back to his station at such presidency or settlement, or of his coming to Europe, his salary and allowances shall be deemed to have ceased from the day of his quitting such presidency or settlement, any law or usage to the contrary notwithstanding.' An Act of 1826 (7 Geo. IV, c. 56, s. 3), after referring to this provision, enacts that the Company may cause payment to be made to the representatives of officers in their service, civil or military, who, having |