on himself the cure of souls, or officiating in any spiritual [4 Geo. IV, c. 71, 8. 6.] capacity within the limits of the diocese of Calcutta, and residing therein. (2) The deposit with the bishop of a declaration of such a purpose, and a written engagement to perform the same, signed by the person seeking ordination, is a sufficient title with a view to his ordination. (3) It must be distinctly stated in the letters of ordination of every person so admitted to holy orders that he has been ordained for the cure of souls within the limits of the diocese of Calcutta only. (4) Unless a person so admitted is a British subject, he is not required to take the oaths and make the subscriptions which persons ordained in England are required to take and make (a). (a) The enactment reproduced by this section appears to apply only to the Bishop of Calcutta, and is probably unnecessary, as being covered by the general language of the letters patent enabling the Bishop of Calcutta to perform all the functions peculiar and appropriate to the office of bishop within the diocese of Calcutta. tion of person resident in India ap pointed to bishopric. 112. If any person under the degree of bishop is appointed Consecrato the bishopric of Calcutta, Madras, or Bombay, being at the time of his appointment resident in India, the Archbishop of Canterbury, if so required to do by His Majesty by letters patent, may issue a commission under his hand and seal, directed to the two remaining bishops, authorizing and charging them to perform all requisite ceremonies for the 99.] consecration of the person so to be appointed. 113.-(1) There may be paid to the bishops and archdeacons of Calcutta, Madras, and Bombay, out of the revenues of India, such salaries (a) and allowances (b) as may be fixed by the Secretary of State in Council, but any power of alteration under this enactment shall not be exercised so as to impose any additional charge on the revenues of India. [3 & 4 Will. IV, c. 85, s. Salaries and allow ances of bishops and arch deacons. c. 71, SS. (2) There are to be paid out of the revenues of India the expenses of visitations of the said bishops, and of the providing Will. IV, c. 85, ss. 90, 96, 97, but no greater sum may be issued on account of those expenses than is allowed by the Secretary of State in Council. a suitable house for the residence of the Bishop of Calcutta (c), 98, 100, 101. 5&6 Vict. c. 119, S8. 3, 4. 43 Vict. c. 3, ss. 2, 3.] Furlough rules. [34 & 35 Vict. c. 62.] Establishment of (a) As to the existing salaries, see note on s. 80. (b) Pensions, as distinguished from allowances, appear to be still paid under 4 Geo. IV, c. 71, s. 3, 6 Geo. IV, c. 85, s. 15, and 3 & 4 Will. IV, c. 85, s. 96, and not under 43 Vict. c. 3, s. 3. But it seems hardly worth while to reproduce here the specific provisions about bishops' pensions or about payments to representatives of deceased bishops. (c) The statutory obligation to provide a house for the Bishop of Calcutta is exhausted, but it may have been construed as including an obligation to maintain his house. 114. His Majesty may make such rules as to the leave of absence of the bishops of Calcutta, Madras, or Bombay, on furlough or medical certificate as seem to His Majesty expedient. 115. (1) Two members of the establishment of chaplains maintained in each of the presidencies of Bengal, Madras, and of Church Bombay must always be ministers of the Church of Scotland, and are entitled to have from the revenues of India such salary as is from time to time allotted to the military chaplains in the several presidencies. chaplains of Scot land. c. 85, s. Saving as to Chris (2) The ministers so appointed chaplains must be ordained and inducted by the presbytery of Edinburgh according to the forms and solemnities used in the Church of Scotland, and are subject to the spiritual and ecclesiastical jurisdiction in all things of the presbytery of Edinburgh, whose judgements are subject to dissent, protest, and appeal to the Provincial Synod of Lothian and Tweeddale and to the General Assembly of the Church of Scotland. 116. Nothing in this Digest prevents the Governor-General to grants in Council from granting, with the sanction of the Secretary of State in Council, to any sect, persuasion, or community of Christians, not being of the Church of England or Church of Scotland, such sums of money as may be expedient for the purpose of instruction or for the maintenance of places of worship. tians. PART XI. OFFENCES, PENALTIES, AND PROCEDURE. 117. If any person holding office under the Crown in India Certain does any of the following things; that is to say, acts to be misde Oppression. [10 Geo. III, c. 47, s. 4.] Wilful dis (1) If he oppresses any of His Majesty's subjects (a) within meanours: his jurisdiction or in the exercise of his authority ; (2) If (except in case of necessity, the burden of proving which shall be on him) he wilfully disobeys or wilfully omits, forbears, or neglects to execute any orders or instructions of the Secretary of State; (3) If he is guilty of any wilful breach of the trust and 3 & 4 duty of his office and employment; obedience. [33 Geo. III, c. 52, 8. 65. Will. IV, c. 85, s. 80.] a a Breach of (4) If, being the governor-general, or a governor, or member of the council of the governor-general or of governor, or being a person employed or concerned in the collection of revenue or the administration of justice in the presidency of Bengal or the province of Bihar and Orissa, he is concerned in or has any dealings or transactions by way of traffic or trade within any of the provinces of India or other parts [otherwise than as a shareholder in any joint-stock company or trading corporation]; III, c. 52, s. 65. 3 & 4. Will. IV, c. 85, s. 80.] Trading. [33 Geo. III, c. 52, s. 137. Will. IV, 3 & 4 c. 85, s. 76.] Receiving presents. [13 Geo. III, c. 63, ss. 23, 24, 25. (5) If he accepts or receives for his own use, in the discharge of his office, any gift, gratuity, or reward, pecuniary or otherwise [except in accordance with rules made by the Secretary of State as to the receipt of presents], and except in the case of fees paid to barristers, physicians, surgeons, and chaplains in the way of their respective 3 & 4 professions; he is guilty of a misdemeanour. If a person is convicted of having accepted or received any such gift, gratuity, or reward, the court may order that the gift, gratuity, or reward, or any part thereof, be restored to 33 Geo. III. c. 52, ss. 62, 64. Will. IV, c. 85, s. 76.] Loans to native any the (a) The expression His Majesty's subjects' in the Act of 1770 (10 Geo. III, c. 47, s. 4) was used at a time when it was very doubtful how far the sovereignty of the British Crown extended over natives of India, at all events outside the presidency towns, and was possibly intended to be used in the narrower sense formerly attributed to the expression British subjects.' See note (c) on s. 63 above. (b) This section reproduces with as much exactness as seems practicable the several enactments noted in the margin. In many cases enactments dealing with the same offence use different language, and apply to different classes of persons. The provisions reproduced from 3 & 4 Will. IV, c. 85, cannot be altered by Indian legislation. See 24 & 25 Vict. c. 67, s. 22. The words otherwise than as a shareholder in any joint-stock company or trading corporation,' and 'except in accordance with rules made by the Secretary of State as to the receipt of presents,' do not occur in the enactments reproduced, but represent the limitations placed in practice on the extremely general language of the enactmnts. Similar prohibitions of trading or lending money are contained in enactments of the Indian legislatures. See, e. g., Act XV of 1848 (trading by officers of chartered courts); Act II of 1874, s. 10 (by administrator-general); Acts VII of 1878, s. 74, and XIX of 1881, s. 73 (by forest officers); Acts V of 1861, s. 10, XXIV of 1859, s. 19; Bombay Act VII of 1867, s. 11 (by police officers); Acts XI of 1876, s. 34, and V of 1879, s. 3 (by officers of presidency banks); Act XVIII of 1881, s. 155; Bombay Act V of 1879, s. 31; Madras Regulation I of 1803, s. 40; Madras Regulation II of 1803, s. 64; Bengal Regulation II of 1793, s. 18 (by revenue officers); Bengal Regulation XXXVIII of 1793, s. 2 (loans by civil servants). As to the rules prohibiting the receipt of presents by governors of and servants of the Crown in British Colonies, see Todd, Parliamentary Government in the British Colonies, p. 153 (second edition). 118.-(1) If any British subject, without the previous consent in writing of the Secretary of State in Council or of the Governor-General in Council or of a local Government, III, c. 142, 8. 28.] by himself or another (a) lends any money or other valuable thing to any native prince or chief in India; or (b) is concerned in lending money to, or raising or procuring money for, any such native prince or chief, or becomes security for the repayment of any such money; or (c) lends any money or other valuable thing to any other person for the purpose of being lent to any such native prince or chief; or (d) takes, holds, or is concerned in any bond, note, or other security granted by any such native prince or chief for the repayment of any loan or money herein before referred to, he is guilty of a misdemeanour. (2) Every bond, note, or security for money, of what kind or nature soever, taken, held, or enjoyed, either directly or indirectly, for the use and benefit of any British subject, contrary to the intent of this section, is void (a). (a) The enactment reproduced by this section was passed in 1797 to stop the scandals caused by the lending of money by European adventurers to native princes on exorbitant terms. See above, p. 71. The expression British subject,' as used in the Act of 1797, would doubtless be construed in its narrower sense, as not including natives of India. 119.-(1) If any person holding office under the Crown in India commits any offence referred to in this Digest, or any other crime or offence, the offence may, without prejudice to any other jurisdiction, be inquired of, heard, tried, and determined before His Majesty's High Court of Justice, and be dealt with as if committed in the county of Middlesex. (2) Every British subject is amenable to all courts justice in Great Britain of competent jurisdiction to offences committed in India for any offence committed within India and outside British India as if the offence had been committed within British India. of try (3) Every prosecution before a high court in British India in respect of any offence referred to in this section must be commenced within five years after the commission of the offence (a). (a) This section is merely an imperfect attempt to reproduce several enactments of the eighteenth century which are still unrepealed, and which, though obsolete as respects procedure, may still be of importance with respect to jurisdiction. Section 67 of 33 Geo. III, c. 52, has been repealed as to Indian courts by Act XI of 1872, but is still unre pealed as to courts in the United Kingdom. The limitation under 21 Geo. III, c. 70, s. 7 (which applies only to proceedings against the governor-general or a member of his council), is |