of Tippoo's Tiger grenadiers, advancing from a covered way; they are met by a party of the 75d regt. led by Captain Macleod, who, bcing wounded through the lungs, is conducted off by a foldier of the Meuron regiment, while a fevere conflict is maintained with the leader of the Tiger men by a ferjeant of the Highlanders. Under the right baftion, the light companies of the 72d regiment and the Scotch brigade are led up to the breach by Lieut. Gawler and Capt. Moile, while the remainder of the 73d Highlanders are advancing acrcís a branch of the Cavary. Further to the right, in the foreground, is the brave Col. Dunlop, borne off from the breach, wounded, between two grenadiers; and in front of the mortar battery is Major Allan, with Colonel Dallas and Major Beatfon; near them ftands the chief engineer, Colonel Gent, giving directions for the removal of a wounded artillery-man; while Captain Caldwell is, with a glafs, reconnoitring the enemy's works from the battery; and Major Agnew, immediately behind him, appears communicating the informa tion. In the distance, at the extremity of the picture, is a view of the Bri. tish camp, General Harris, with a group of his officers on horfeback, appearing on the intermediate ground. On the bastion, to the right of the breach, ftands Colonel Sherbrooke, directing the right affault along the ramparts, where the 12th and 33d regiments are bayoneting the enemy from their traverfes, and pufhing on to gain the inner works. On the rampart, to the left of the breach, is Tippoo Sultaun, attended by his chiefs ord ftandard-bearers; he ftands near an open veranda, direally above the in which gateway he afterwards fell, and appears reconnoitring the attack, in concert with a French officer, General Chapuy, who is ftationed on the battlement a little further to the left. dentally let down by the fire of our At the Sally Port Bridge (accitween the Company's fepoys, and batteries) is a defperate conflict bea chofen band of the Sultaun's guards, known by the name of Hyder's grenadiers.-Lieut. Lalor is mortally wounded on the bridge, and appears ftruggling with his af failant as he is falling into the water. the Madras artillery, under Lieut. In the fore-ground is a party of Bell, who having advanced with Sally Port, is directing his men, one of the heavy guns, to force the with the artillery lafcars, to drag it to the rear. the picture, is Captain Lardy, of At the left of the extremity of the regiment De Meuron, affifted by one of the artillery men in binding up his wounded left arm, in order that he may rejoin the forming party: and behind the group of ar tillery are the native troops, with a by Lieut.-Col. Mignan,while Lieut. party of the Nizam's forces headed Palley, as Major of Brigade, is animating them on to the attack. appear the principal buildings of Beyond the walls of the fortrefs feen to the right of the breach, and Sering patam; a fuperb mofque is gardens of the Laul Bang. Several on the left Tippoo's palace and the high cavaliers overlook the works within the fort; and on the outfide of the walls are a number of ruined redoubts, demolished by the fire of our breaching batteries, which form the two extreme points of the fore. ground of the Picture. STATE PAPERS. ABSTRACT of an Act of Parliament for the better Adminiflration of Jufice at Calcutta, Madras, and Bombay; and for preventing British Subjects from being concerned in Loans to the Native Princes in India. (20th July 1797.) 1. SETS forth, That by an act of the 13th year of his prefent Majefty, intitled "An act for the establishing certain regu lations for the better management of the affairs of the Eaft India Company, both in India and Europe," it was enacted, that a Supreme Court of Judicature should be eftablished at Fort William in Bengal, and fhould confift of a Chief and three other Juftices, who fhould be harrifters of England or Ireland, of not lefs than five years, to be named by his Majefty, his heirs, and fucceffors. It was further enacted, "That on the death, refignation, or removal of any of the Puifne Judges of the Supreme Court of Judicature in Bengal, the faid Supreme Court fhould confift of a Chief Juftice, and two other Judges." ed, That from and after the death, &c. of one of the Judges, his Majefty may direct the payment of a yearly fum, out of the territorial revenues, to any Chief Juftice, or other Judge returning to Europe. 3d, Provifo, That not more than 2000l. per annum to be fo paid to any Chief Justice, nor more than 16001. per annum to any other VOL. 2. Judge, but not to any Judge who has not refided in India for feven years as a Judge, his Majefty not to authorize the payment of any fum, with the fums before directed to be paid at the date of fuch grant, which would exceed the amount of the falary now paid to one of the Puifne Judges of the faid Supreme Court. 4. The Supreme Court, in cafes where the matter in dispute does not exceed 1000 pagodas, may direct depofitions to be filed of record or not. 5. The Court of Directors authorifed to direct the Chief Juftice to iffue precepts to the officers of the Supreme Court, to make return on oath of their falaries and fees. 6. Officers of the Court to make return to the precept in twenty days, and for making falfe return to forfeit their offices. 7. Judges to take return into confideration, and report to the Governor General in Council, what officers fhall be continued, and the Court of Directors, who are alfo to decide, if the Council and Judges difagree. Provifo, That if a vacancy occur before the report is made, fuch vacancy to be filted up provifionally. 8. That fuch regulations of the Governor General in Council, as affect the natives, or others, amenable to the court of justice, are to be printed, with tranflations in the country languages. 9. Recites the charter granted by his late Majefty to the Eaft India Company, conftituting and eftablishing courts of civil, criminal, and ecclefiaftical jurifdiction, at Madras Patnam, and Bombay in the island of Bombay, and Fort William in Bengal. Alteration of faid charter in refpect to the adminiftration of juftice at Fort William in Bengal, by an act of the 13th of his prefent Majefty's reign, intitled, "An act for eftablishing certain regulations for the better management of the affairs of the East India Company, as well in India as in Europe." It is there expreffed, the faid charter does not fufficiently provide for the due adminiftration of juftice, in fuch manner as the ftate and condition of the Company's fettlements require at Madras Patnam and Bombay. It is therefore enacted, That his Majefty may erect courts of Judicature at Madras and Bombay, to confift of the Mayor, three Aldermen, and a Recorder, who is to be a barrister, and to be appointed by his Majefty. 10. Provifo, As to the extent of their jurifdiction, viz. To all British fubjects refiding within any of the factories, fubject to or dependent upon the governments of Madras and Bombay refpectively. Courts not competent to try in formations against the Governor of Council, except for treafon or felony.. 11. That the faid courts may try all fuits, which by authority of Parliament may now be tried by the Mayor's courts, or courts of Oyer and Terminer. Provifo, That the Governor, Council, and Recorder of the court fhall not be fubject to arreft; and that the jurifdiction of the faid courts is not competent to certain matters, viz. to hear or determine, or to exercife jurifdiction in any fuit or action against the Governor, or any of the Council, at the faid fettlements of Madras and Bombay, refpectively; and the faid court not to have or exercife any jurif diction in any matter concerning the revenue under the management of the faid Governor and Council refpectively, either within the limits of the faid towns, forts, or factories, or concerning any act done according to the ufage and practice of the country, and the regulations of the Governor and Council. No perfon being a landowner, landholder, or farmer of land, or of land rent, or for receiving a penfion in lieu of any title to or ancient poffeffion of land or land rents, or for receiving any compenfation or fhare of profits for collecting rents payable to the public out of fuch lands or districts as are ufually farmed by himself or undertenants by virtue of the farm, or for exercifing within the faid lands any ordinary or local authority commonly annexed thereto, or for becoming fecurity for the payment of the rents referved, or otherwife payable out of any lands or farms within the dominion, fubject to the government of Madras and Bombay refpectively. No perfon, by reason of his be ing employed by the said Company ΟΙ of the Governor and Council, or by ahy perfon deriving authority under them, on account of his being employed by a native, or the defcendents of a native of Great Britain, fhall become fubject to the Jurifdiction of the faid courts refpectively, in any matter of inheritance or fucceffion to goods or lands, or in any matter of dealing or contract between party or parties, except in actions for wrongs or trefpafies only. 12. Rights of fathers and mafters of families, as exercifed by the Hindu and Mahommedan laws, to be preferved them; and the fame not to be violated or interrupted by any of the proceedings of the faid courts. Any act done in confequence of the rule or law of caft, fo far as refpects the members of the fame family only, not to be deemed a crime, although the fame not juftifiable by the laws of England. 13. Said courts may determine fuits against the inhabitants according to the charter; but their inhe. fitance of and fucceffion to lands, rents, and goods, and all matters of contract between party and party, to be determined in the fame man. ner as would have been done in a na tive court, and, where one party is a Mahommedan, or Hindu, by the ufages of the defendant; the faid court to make rules and orders of the fame, and to frame procefs for the execution of their judgments, fen tences, or decrees, as fhall be moft confonant to the religion and manhers of faid natives, and to faid laws and ufages refpectively; and the appearance of the witneffes fhall be in fuch manner, and their examinations fhall be taken in fuch a way, as fhall be confiftent with faid laws and fuits, to be conducted with as much eafe and little ex pence as is confiftent with the attainment of fubftantial justice. 14th claufe enacts, That no action for wrong fhall be brought against a judicial officer for any order of court, nor for any act done by virtue of any fuch order: and if any information is intended against fuch officer, it is to be brought according to 21 Geo. III. intitled, "An act to explain and amend an act, &c. for eftablishing certain regulations for the better management of the Eaft India Company, both in India and Europe.” 15th claufe enacts, That a re giftry of the natives employed by the Company, or British fubjects, fhall be eftablished at Calcutta. 16th claufe enacts, That his Majefty may direct by the faid new charter, that perfons conceiving themfelves injured by any judgment of the faid courts, may appeal from fuch judgment to his Majefty in Council. 17th claufe enacts, That the records of the Mayor's courts, or the courts of Oyer and Terminer, and Gaol Delivery, fhall be depofited in the new courts refpectively, to which parties concerned may refort upon application to faid court. 18th claufe enacts, That the jurifdiction of the Mayor's courts, and of the Prefidents and Councils, as courts of Appeal, fhall ceafe on the publication of the new charter. The charter of his late Majefty to continue in full force and effect, except in fo far as it is altered or varied by this act. 19th claufe enacts, That the Court of Directors fhall caufe to be paid to the Recorder of each court, 50001. annually, out of the revenues of the fettlement. The payment to be made at the exchange of eight fhillings for the pagoda at Madras, and two fhillings for the Bombay rupee at the fettlement of Bombay. + B 2 20th 20th clause enacts, That the commencement of the falaries (which are to be in lieu of all emoluments). fhall take place from the day on which perfons refident in Great Britain at the time of appointment thall embark therefrom; and the falaries of perfons refident in India at the time of appointment, fhall have their falaries from the time they take upon them the execution of their office. 21ft claufe enacts, That upon the return of the Recorder from either of the faid Courts of Judicature of Madras and Bombay refpectively, from age, infirmity, or other caufe to be approved by his Majefty, his Majefty may order him an annuity to be made out of the territorial revenues: fuch allowance not to exceed 12001. per annum. Provifo, that fuch Recorder fhall have refided in India five years. Provifo, that his Majefty fhall not direct the allowance of any fum to any Recorder, which, with the allowance before directed at the date of fuch grant to be paid either to any Recorder, Chief Juftice, or other Judge of the Supreme Court of Judicature at Calcutta, fhall, in the whole, exceed the amount of the falary of the Judges of the Supreme Court of Judicature at Calcutta. exercising the office of Recorder as aforefaid, fhall not vacate the appointment of Judge by reafon thereof. 25th clause enacts, That the Re. corders at Madras and Bombay refpectively, fhall not be concerned in traffick or commerce, either directly or indirectly. 26th claufe enacts, That the Recorders of the faid Courts fhall be tried in the fame manner, for of. fences committed by them, as the Judges of the Supreme Court at Calcutta. 27th claufe enacts, That all new forms of procefs are to be tranfmitted to the Board of Commiffioners for India affairs, and laid before his Majefty for his approbation: and fuch procefs to be used till repealed or varied. 1 28th claufe enacts, That from the December 1797, nó British fubjet fhall lend any money, or be concerned in raifing any for native Princes, without confent of the Court of Directors, or the Governor in Council; and any perfon fo doing to be profecuted for a mifde. meanor. All bonds, notes, affignments, or fecurity for money lent contrary (either directly or indirecly) to the intent and meaning of this act, to be void. 29th claufe enacts, That, on complaint to the Governments in India, any perfon acting contrary to the provifions in this act, fuch complaint and cafe shall be laid before the Law Officers, whofe report fhail be tranfmitted to the Court of Directors. 90th claufe enacts, That the jurifdiction of the Court of Requests at Madras, Bombay, and Calcutta, fhall extend to the recovery of debts only, not exceeding the fu of 80 current rupees. |