Page images
PDF
EPUB

LXXVI. And be it enacted, that there shall be paid to the several officers, hereinafter named, the several salaries set against the names of such officers subject to such reduction of the said several salaries respectively, as the said court of directors, with the sanction of the said board, may at any time think fit (that is to say):

To the governor-general of India, two hundred and forty thousand sicca rupees.

To each ordinary member of the council of India, ninety-six thousand sicca

rupees.

To each governor of the presidencies of Fort Saint George, Bombay, and Agra, one hundred and twenty thousand sicca rupees.

To each member of any council to be appointed in any presidency, sixty thousand sicca rupees.

And the salaries of the said officers respectively shall commence from their respectively taking upon them the execution of their respective offices, and the said salaries shall be the whole profit or advantage which the said officers shall enjoy during their continuance in such offices respectively; and it shall be, and it is hereby declared to be, a misdemeanour for any such officers to accept for his own use, in the discharge of his office, any present, gift, donation, gratuity, or reward, pecuniary or otherwise whatsoever, or to trade or traffic for his own benefit or for the benefit of any other person or persons whatever; and the said court of directors are hereby required to pay to all and singular the officers hereinafter named, who shall be resident in the United Kingdom at the time of their respective appointments, for the purpose of defraying the expenses of their equipment and voyage, such sums of money as are set against the names of such officers and persons respectively (that is to say):

To the governor-general, five thousand pounds.

To each member of the council of India, one thousand two hundred pounds. To each governor of the presidencies of Fort Saint George, Bombay, and Agra, two thousand five hundred pounds.

Provided also, that any governor-general, governor, or member of council appointed by or by virtue of this act, who shall at the time of passing this act hold the office of governor-general, governor, or member of council respectively, shall receive the same salary and allowances that he would have received if this act had not been passed.

LXXVII. Provided always, and be it enacted, that if any governor-general, governor, or ordinary member of the council of India, or any member of the council of any presidency, shall hold or enjoy any pension, salary, or any place, office, or employment of profit under the crown, or any public office of the said company, or any annuity payable out of the civil or military fund of the said company, the salary of his office of governor-general of India, governor, or member of council, shall be reduced by the amount of the pension, salary, annuity, or profits of office so respectively held or enjoyed by him.

LXXVIII. And be it enacted, that the said court of directors, with the approbation of the said board of commissioners, shall and may, from time to time, make regulations for the division and distribution of the patronage and power of nomination of and to the offices, commands, and employments in the said territories, and in all or any of the presidencies thereof, among the said governor-general in council, governors in council, governors, commander-inchief, and other commanding officers respectively appointed or to be appointed under this act.

LXXIX. And be it enacted, that the return to Europe, or the departure from India with intent to return to Europe, of any governor-general of India, governor, member of council, or commander-in-chief, shall be deemed in law a

regulation and avoidance of his office or employment; and that no act or declaration of any governor-general, or governor, or member of council other than as aforesaid, excepting a declaration in writing under hand and seal, delivered to the secretary for the public department of the presidency wherein he shall be, in order to its being recorded, shall be deemed or held as a resignation or surrender of the said office; and that the salary and other allowances of any such governor-general or other office respectively, shall cease from the day of such his departure, resignation, or surrender; and 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 belongs on other than 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, as of his coming to Europe, his salary and allowances shall be deemed to have ceased on the day of his leaving the said territories, or to 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 return there, or shall die during their absence.

LXXX. And be it enacted, that every wilful disobeying, and every wilful omitting, forbearing, or neglecting to execute the orders or instructions of the said court of directors, by any governor-general of India, governor, member of council, or commander-in-chief, or any other of the officers or servants of the said company, unless in cases of necessity (the burden of the proof of which necessity shall be on the person so disobeying or omitting, forbearing or neglecting to execute such orders or instructions as aforesaid); and every wilful breach of the trust and duty of any office or employment by any such governorgeneral, governor, member of council, or commander-in-chief, or any of the officers or servants of the said company, shall be deemed and taken to be a misdemeanor at law, and shall or may be proceeded against and punished as such by virtue of this act.

LXXXI. And be it enacted, that it shall be lawful for any natural born subjects of his majesty, to proceed by sea to any port or place having a customhouse establishment within the said territories, and to reside thereat, or to proceed to, and reside in, or pass through any part of such of the said territories as were under the government of the said company on the first day of January, one thousand eight hundred, and in any part of the countries ceded by the Nabob of the Carnatic, of the province of Cuttack and of the settlement of Singapore and Malacca, without any license whatever, provided that all subjects of his majesty, not natives of the said territories, shall, on their arrival in any part of the said territories from any port or place not within the said territories, make known in writing their names, places of destination, and object of pursuit in India, to the chief officer of the customs or other officer authorised for that purpose at such port or place as aforesaid.

LXXXII. Provided always, and be it enacted, that it shall not be lawful for any subject of his majesty, except the servants of the said company and others now lawfully authorised to reside in the said territories, to enter the same by land, or to proceed to or reside in any place or places in such parts of the said territories as are not hereinbefore in that behalf mentioned, without license from said board of commissioners, or the said court of directors, or the said governor-general in council, or governor in council of any of the said presidencies for that purpose first obtained; provided always, that no license given to any natural-born subject of his majesty to reside in parts of the territories

not open to all such subjects, shall be determined or revoked unless in accordance with the terms of some express clause of revocation or determination in such license contained.

LXXXIII. Provided always, and be it enacted, that it shall be lawful for the said governor-general in council, with the previous consent and approbation of the said court of directors for that purpose obtained, to declare any place or places whatever within the said territories, open to all his majesty's naturalborn subjects, and it shall be thenceforth lawful for any of his natural-born subjects to proceed to, or reside in, or pass through any place or places declared open, without any license whatever.

LXXXIV. And be it enacted, that the said governor-general in council shall, and he is hereby required, as soon as conveniently may be, to make laws or regulations providing for the prevention or punishment of the illicit entrance into or residency in the said territories of persons not authorised to enter or reside therein.

LXXXV. And whereas the removal of restriction on the intercourse of Europeans with the said territories will render it necessary to provide against any mischiefs or dangers that may arise therefrom, be it therefore enacted, that the said governor-general in council shall, and he is hereby required, by laws or regulations, to provide with all convenient speed, for the protection of the natives of the said territories from insult and outrage, in their persons, religions, or opinions.

LXXXVI. And be it enacted, that it shall be lawful for any natural-born subjects of his majesty, authorised to reside in the said territories, to acquire and hold lands, or any right, interest, or profit in or out of lands, for any term of years, in such part or parts of the said territories as he shall be so authorised to reside in; provided always, that nothing herein contained shall be taken to prevent the said governor-general in council from enabling, by any law or regulation, or otherwise, any subjects of his majesty to acquire or hold any lands, or rights, interests, or profits in or out of lands in any part of the said territories, or for any estates or terms whatever.

LXXXVII. And be it enacted, that no native of the said territories, nor any natural-born subject of his majesty resident therein, shall, by reason only of religion, place of birth, descent, colour, or any of them, be disabled from holding any place, office, or employment under the said company.

LXXXVIII. And be it further enacted, that the said governor-general in council shall, and he is hereby required, forthwith to take into consideration the means of mitigating the state of slavery and of ameliorating the condition of slaves, and of extinguishing slavery throughout the said territories, so soon as such extinction shall be practicable and safe, and from time to time to prepare and transmit to the said court of directors, drafts of laws or regulations for the purpose aforesaid, and that in preparing such drafts due regard shall be had to the laws of marriage, and the rights and authorities of fathers and heads of families, and that such drafts shall forthwith, after receipt thereof, be taken into consideration by the said court of directors, who shall, with all convenient speed, communicate to the said governor-general in council, their instructions on the drafts of the said laws and regulations, but no such laws and regulations shall be promulgated or put in force without the previous consent of the said court, and the said court shall, within fourteen days after the first meeting of parliament in every year, lay before both houses of parliament, a report of the drafts of such rules and regulations as shall have been received by them, and of their resolution, or proceedings thereon.

LXXXIX. And, whereas, the present diocese of the Bishopric of Calcutta is of too great an extent for the incumbent thereof to perform efficiently all the

duties of the office, without endangering his health and life, and it is, therefore, expedient to diminish the labours of the bishop of the said diocese, and for that purpose to make provision for assigning new limits to the diocese of the said bishop, and for founding and constituting two separate and distinct bishoprics, but nevertheless the bishops thereof to be subordinate and subject to the Bishop of Calcutta for the time being, and his successors as their metropolitan; be it therefore enacted, that in case it shall please his majesty to erect, found, and constitute two bishoprics, one to be styled the Bishopric of Madras, and the other the Bishopric of Bombay, and from time to time to nominate and appoint bishops to such bishoprics under the style and title of Bishops of Madras and Bombay respectively, there shall be paid from and out of the revenues of the said territories to such bishops respectively, the sum of twenty-four thousand sicca rupees by the year.

XC. And be it enacted, that the said salaries shall commence from the time at which such persons as shall be appointed to the said office of bishop, shall take upon them the execution of their respective offices; and that such salaries shall be in lieu of all fees of office, perquisites, emoluments, or advantages whatsoever; and that no fees of office, perquisites, emoluments, or advantages whatsoever, shall be accepted, received, or taken by, such bishops, or either of them, in any manner or on any account or pretence whatsoever, other than the salaries aforesaid; and that such bishops respectively shall be entitled to such salaries so long as they shall respectively exercise the functions of their several offices in the British territories aforesaid.

XCI. And be it enacted, that the said court of directors shall, and they are required to pay to the bishops so from time to time to be appointed to the said Bishoprics of Madras and Bombay, in case they shall be resident in the United Kingdom at the time of their respective appointments, the sum of five hundred pounds each, for the purpose of defraying the expenses of their equipments and voyage.

XCII. Provided always, and be it enacted, that such bishops shall not have or use any jurisdiction, or exercise any episcopal functions whatsoever, either in the said territories or elsewhere, but only such jurisdiction and functions as shall or may from time to time be limited to them respectively by his majesty, by his royal letters patent, under the great seal of the said United Kingdom.

XCIII. And be it enacted, that it shall and may be lawful for his majesty, from time to time, if he shall think fit, by his royal letters patent, under the great seal of the said United Kingdom, to assign limits to the diocese of the Bishopric of Calcutta and to the diocese of the said Bishoprics of Madras and Bombay respectively, and from time to time to alter and vary the same limits respectively, as to his majesty shall seem fit, and to grant to such bishops respectively, within the limits of their respective dioceses, the exercise of episcopal functions, and of such ecclesiastical jurisdiction, as his majesty shall think necessary for the superintendence and good government of the ministers of the united church of England and Ireland therein.

XCIV. Provided always, and be it enacted, that the Bishop of Calcutta for the time being, shall be deemed and taken to be the metropolitan bishop in India, and as such shall have, enjoy, and exercise all such ecclesiastical jurisdiction and episcopal functions, for the purposes aforesaid, as his majesty shall by his royal letters patent, under the great seal of the said United Kingdom, think necessary to direct, subject, nevertheless, to the general superintendence and revision of the Archbishop of Canterbury for the time being; and that the Bishops of Madras and Bombay for the time being respectively, shall be subject to the Bishop of Calcutta for the time being as such metropolitan, and shall at the time of their respective appointments to such bishoprics, or at the time of their re

spective consecrations as bishops, take an oath to obedience to the said Bishop of Calcutta, in such manner as his majesty by his said royal letters patent shall be pleased to direct.

XCV. And be it enacted, that when and as often as it shall please his majesty to issue any letters patent respecting the Bishoprics of Calcutta, Madras, or Bombay, or for the nomination or appointment of any person thereto respectively, the warrant for the bill in every such case, shall be countersigned by the president of the board of commissioners for the affairs of India, and by no other person.

XCVI. And be it enacted, that it shall and may be lawful for his majesty, his heirs and successors, by warrant under his royal sign manual, countersigned by the chancellor of the exchequer for the time being, to grant to any such Bishops of Madras or Bombay respectively, who shall have exercised in the British territories aforesaid for fifteen years the office of such bishop, a pension not exceeding eight hundred pounds per annum, to be paid quarterly by the said company.

XCVII. And be it enacted, that in all cases when it shall happen that the said person nominated and appointed to be bishop to either of the said Bishoprics of Madras or Bombay, shall depart this life within six calendar months next after the day when he shall have arrived in India, for the purpose of taking upon himself the office of such bishop, there shall be payable out of the territorial revenues from which the salary of such bishop so dying shall be payable, to the legal personal representatives of such bishop, such sum or sums of money as shall, together with the sum or sums paid to or drawn by such bishop in respect of his salary, making up the full amount one year's salary; and when and so often as it shall happen, that any such bishop shall depart this life while in possession of such office, and after the expiration of six calendar months from the time of his arrival in India, for the purpose of taking upon him such office, then and in every such case there shall be payable out of the territorial revenues from which the salary of the said bishop so dying be payable, to his legal personal representatives, over and above what may have been due to him at the time of his death, a sum equal to the full amount of the salary of such bishop for six calendar months.

XCVIII. And be it enacted, that if it shall happen that either of the Bishops of Madras or Bombay shall be translated to the Bishopric of Calcutta, the period of residence of such person as Bishop of Madras or Bombay shall be accounted for and taken as a residence as Bishop of Calcutta ; and if any person now as archdeacon in the said territories, shall be appointed Bishop of Madras or Bombay, the period of his residence in India as such archdeacon, shall, for the purposes of this act, be accounted for and taken as a residence of such bishop.

XCIX. Provided also, and be it enacted, that if any person under the degree of a bishop, shall be appointed to either of the Bishoprics of Calcutta, Madras, or Bombay, who at the time of such appointment shall be resident in India, then and in such case it shall and may be lawful for the Archbishop of Canterbury, when and as often as he shall be required so to do by his majesty, by his royal letters patent, under the great seal of the said United Kingdom, to issue a commission under his hand and seal to be directed to the two remaining bishops, authorising and charging them to perform all such requisite ceremonies of the consecration for the person so to be appointed to the degree and office of a bishop.

C. And be it enacted, that the expenses of visitations to be made from time to time by the said Bishops of Madras and Bombay respectively, shall be paid by the said company out of the revenues of the said territories; provided that no greater sum on account of such visitations be at any time issued, than shall

« ՆախորդըՇարունակել »