quitted or left their stations and not having proceeded or intended to proceed to Europe, intending to return to their stations, have died or may hereafter happen to die during their temporary absence within the limits of the said Company's charter or at the Cape of Good Hope, of such salaries and allowances, or of such portions of salaries and allowances, as the officers so dying would have been entitled to if they had returned to their station.' Section 79 of the Act of 1833 enacts that 'if any such governorgeneral or member of council of India shall leave the said territories, or if any governor or other officer whatever in the service of the said Company shall leave the presidency 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 or of his coming to Europe, his salary and allowance shall be deemed to have ceased from the day of his leaving the sai territories or the presidency to which he may have belonged. Provided that it shall be lawful for the said Company to make such payment as is now by law permitted to be made to the representatives of their officers or servants who, having left their stations intending to retur thereto, shall die during their absence.' An Act of 1837 (7 Will. IV, c. 47) enacts that these provisions in th Acts of 1793 and 1833 are not to extend to the case of any officer o servant of the Company under the rank of governor or member o council who shall quit the presidency to which he shall belong in consequence of sickness under such rules as may from time to time be established by the Governor-General of India in Council, or by the Governor in Council of such residency, as the case may be, and who shall proceed to any place within the limits of the East India Company's charter, or to the Mauritius, or to the island of St. Helena, nor to the case of any officer or servant of the said Company under such rank as aforesaid who, with the permission of the Government of the presidency to which he shall belong, shall quit such presidency in order to proceed to another presidency for the purpose of embarking thence for Europe, until the departure of such officer or servant from such last n ioned presidency with a view to return to Europe, so as that the port of such departure for Europe shall not be more distant from the place which he shall have quitted in his own presidency than any port of embarkation within such presidency.' These rules were to require the approval of the Court of Directors and the Board of Control. Finally, s. 32 of the Act of 1853 (see s. 89 of the Digest) declared that 'Nothing in any enactment now in force, or any charter relating to the said Company, shall be taken to prevent the establishment, by the Court of Directors (under the direction and control of the said Board of Commissioners), from time to time, of any regulations which they may deem expedient in relation to the absence on sick leave or furlough of all or any officers and persons in the service of the said Company in India, or receiving salaries from the said Company there, under which they respectively may be authorized to repair to and reside in Europe or elsewhere out of the limits of the said Company's charter, without forfeiture of pay or salary, during the times and under the circumstances during and under which they may now be permitted (while absent from their duty) to reside in places out of India within the limits of the said Company's charter, or during such times and under such circumstances as by such regulations may be permitted.' The powers conferred by the Act of 1853 would seem to override the previous provisions as to salary, but not the previous provisions sto vacation of office. (d) The last two sub-sections are inserted as a rough reproduction of the Act of 1826, and of an enactment in the Act of 1853, but it is joubtful whether these enactments are still law, and whether they re not superseded by regulations under the Act of 1853. tional Will. IV, 83.-(1) His Majesty may by warrant under his Sign CondiManual appoint any person conditionally to succeed to any appointof the offices of governor-general, governor, or ordinary ments. [3 & 4 Member of the council of the governor-general or of the governor of Bengal, Madras, or Bombay, in the event of The office becoming vacant, or in any other event or coningency expressed in the appointment, and revoke any such conditional appointment (a). (2) A person so conditionally appoint. I is not entitled to any authority, salary, or emolument appertaining to the office to which he is appointed, until he is in the actual possession of the office. (a) By 3 & 4 Will. IV, c. 85, the power of making conditional appointments to the offices of governor-general, governor, and member of the Council of Madras and Bombay was vested in the Court of Directors, and consequently is now vested in the Secretary of State (21 & 22 Vict. c. 106, s. 3). Under 24 & 25 Vict. c. 67, s. 5, the power of making conditional appointments to the office of ordinary member of the governor-general's council is apparently exercisable either by the King, or by the Secretary of State with the concurrence of a majority of the Council of India. In practice, the power is in all these cases exercised by the King only. c. 85, s. 61. 24 & 25 Vict. c. 67, ss. 2, 5.] 84. (1) If any person entitled under а conditional Power for appointment to succeed to the office of governor-general general to governor exercise powers before taking seat. [21 & 22 Provision for tem porary office of on the occurrence of a vacancy therein, or appointed absolutely to that office, is in India on or after the occurrence of the vacancy, or on or after the receipt of the absolute appointment, as the case may be, and thinks it necessary to exercise the powers of governor-general before he takes his seat in council, he may make known by proclamation his appointment, and his intention to assume the office of governorgeneral. (2) After the proclamation, and thenceforth until he repairs to the place where the council may assemble, he may exercise alone all or any of the powers which might be exercised by the Governor-General in Council, except the power of making laws at legislative meetings. (3) All acts done in the council after the date of the proclamation, but before the communication thereof to the council, are valid, subject, nevertheless, to revocation or alteration by the person who has so assumed the office of governor-general. (4) When the office of governor-general is assumed under the foregoing provision, if there is at any time before the governor-general takes his seat in council no president of the council authorized to preside at legislative meetings, the vice-president or, if he is absent, the senior ordinary member of council then present presides therein, with the same powers as the governor-general would have had if present. 85.-(1) If a vacancy occurs in the office of governorgeneral when there is no conditional or other successor in vacancy in India to supply the vacancy, the Governor of Bengal, the governor- Governor of Madras, or the Governor of Bombay, whichever general. has been first appointed to the office of governor by His c. 85, s. 62. Majesty, is to hold and execute the office of governor-general until a successor arrives or until some person in India is duly appointed thereto. [3 & 4 Will. IV, 24 & 25 Vict. c. 67, ss. 50, 51. Edw. (2) Every such acting governor-general, while acting as VII, c. 4, such, has and may exercise all the rights and powers of the S. 4. office of governor-general, and is entitled to receive the emoluments and advantages appertaining to the office, forgoing the salary and allowances appertaining to his office of governor; and his office of governor is supplied for the time during which he acts as governor-general in the manner directed by law with respect to vacancies in the office of governor. (3) If, on the vacancy occurring, it appears to the governor who by virtue of this provision holds and executes the office of governor-general necessary to exercise the powers thereof before he takes his seat in council, he may make known by proclamation his appointment, and his intention to assume the office of governor-general, and thereupon the provisions of this Digest respecting the assumption of the office by a person conditionally appointed to succeed thereto apply. (4) Until such a governor has assumed the office of governor-general, if no conditional or other successor is on the spot to supply the vacancy, the vice-president or in his absence, the senior ordinary member of council, holds the office of governor-general until the vacancy is filled in accordance with the provisions of this Digest (a). (5) Every member of council so acting as governorgeneral, while so acting, has and may exercise all the rights and powers of the office of governor-general, and is entitled to receive the emoluments and advantages appertaining to the office, forgoing his salary and allowances as member of council for that period. (a) Thus, on Lord Mayo's death in 1872, Sir John Strachey acted as governor-general from February 9 until the arrival of Lord Napier of Merchistoun on February 23. 2 & 3 for tem vacancy in 86. (1) If a vacancy occurs in the office of Governor of Provision Bengal, Madras, or Bombay when no conditional or other porary successor is on the spot to supply the vacancy, the vice- office of president, or, in his absence, the senior ordinary member of Governor the governor's council, or, if there is no council, the chief Madras, secretary to the local Government (a), holds and executes the bay. of Bengal, or Bom [3 & 4 Will. IV, VII, c. 4, office of governor until a successor arrives, or until some other person on the spot is duly appointed thereto. (2) Every such acting governor is, while acting as such, entitled to receive the emoluments and advantages appertaining to the office of governor, forgoing the salary and allowances appertaining to his office of member of council or secretary. (a) The Act of 1833 contained a power to abolish these councils. 87.-(1) If a vacancy occurs in the office of an ordinary member of the council of the governor-general, or of the vacancy in council of the Governor of Bengal, Madras, or Bombay, when ordinary no person conditionally appointed to succeed thereto is council. present on the spot, the vacancy is to be supplied by the [24 & 25 Vict. c. appointment of the Governor-General in Council or Governor Provision for temporary office of member of 67, 8. 27.] in Council, as the case may be. (2) Until a successor arrives the person so appointed executes the office to which he has been appointed, and has and exercises all the rights and powers thereof, and is entitled to receive the emoluments and advantages appertaining to the office during his continuance therein, forgoing all salaries and allowances by him held and enjoyed at the time of his being appointed to that office. (3) If any ordinary member of any of the said councils is, by infirmity or otherwise, rendered incapable of acting or of attending to act as such, or is absent on leave, and if any person has been conditionally appointed as aforesaid, the place of the member so incapable or absent is to be supplied by that person. (4) If no person conditionally appointed to succeed to the office is on the spot, the Governor-General in Council or Governor in Council, as the case may be, is to appoint some person to be a temporary member of council, and, until the return to duty (a) of the member so incapable or absent, the person conditionally or temporarily appointed executes the office to which he has been appointed, and has and exercises all the rights and powers thereof, and receives half |