PREAMBLE ftates the extenfion of the territorial poffeffions in India, and further regulations neceffary to be made on account thereof: then recites the act of 33 Geo. III. cap. 52. intitled "An act for continuing in the Eaft India Company for a further term, the British territories in India," &c. "and for making provifion for the good order and government of the towns of Calcutta, Madras, and Bombay.". ift claufe enacts, That the Court of Directors may appoint what parts of the territorial acquifitions, revenues, &c. fhall be fubject to either, and which of their Prefi dencies, fubject to the control of the Commiffioners for the Affairs of India.

ed claufe recites the grant of the charter of the 8th January, and 21 year of the reign of Geo. II.; and farther recites, that, in refpeét to the administration of justice at Madras, it had been altered by an act of the 37th of his prefent Majefty, intitled "An act for the better ad. miniftration of justice at Calcutta, Madras, and Bombay," &c. Further recites, that faid charter, in refpect to the administration of juftice at Fort William in Bengal, had been altered by an act of the 13th Geo. III. and by fubfequent ftatutes. The fame claufe

Enacts, That his Majefty may eftablish a Supreme Court of Judicature at Madras, to confift of the like number of perfons, to be named by his Majefty, &c. with full power to exercife all civil, criminal, admiralty, and ecclefiaftical jurifdictions, both as to natives and Britih fubjects; and to be invefted with the fame powers as the Supreme Court at Fort William, &c.

3. Provifo, That the Governor and Council at Madras, and the Governor General at Fort William, fhall be exempted from the authority of the Supreme Court of Judicature to be erected.

4th claufe enacts, That if his Majefty fhall erect a Supreme Court of Judicature at Madras, the records directed by recited act of 27 Geo, III. fhall be delivered over to the New Courts, and those belonging thereto fhall be delivered over to the Supreme Court, to which all perfons may have recourfe, on ap plying to faid Court.

5th claufe enacts, That fo much of the charter of his prefent Majefty for erecting the Courts of Recorder at Madras and Bombay, as relates to the appointment of Re, corder, in cafe of a new charter being granted, fhall be void, and the powers granted by the recited act of 37 Geo. III. may be exercifed by the Supreme Court.

6th clause enacts, That the Court of Directors fhall cause to be paid certain falaries to the Chief Justice and Judges of the faid Court, as shall be eftablished by the new charter, out of the territorial reve nues of Madras, at an exchange of eight fhillings for the pagoda of that fettlement.

7th claufe enacts, That the falaries in refpect to perfons refident in Great Britain hall commence from the day on which fuch perfons fhall embark from Great Britain; and in refpect to perfons refident in India, from the time fuch perfons fhall take upon them the execution of their office; and fuch falaries fhall be in licu of all perquifites.

8th clause enacts, That if the Chief Juftice, or any of the Puifne B3) Judg

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 shall have refided in India five years. Pro. vifo, 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, thall, in the whole, exceed the amount of the falary of the Judges of the Supreme Court of Judicature at Calcutta,

2ed claufe enacts, That when any Recorder of Madras or Bombay fhall die, and no facceffor fhall be apon the fpot, the junior Puifne Judge of the Supreme Court at Cal cutta hall proceed to the fettlement and take upon him the office of Recorder, and hold the fame till a Rccorder arrives.

28d claufe enacts, That fuch Judge acting as Recorder aforefaid, thall receive a proportion of falary during fo long as he fills the office of Recorder aterefaid.

exercifing the office of Recorder as aforefaid, fhall not vacate the appointment of Judge by reafon thereof.

25th claufe 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 shall 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, no British subject fhall lend any money, or be concerned in raifing any for native Princes, without confent of the Court of Directors, or the Gover nor in Council; and any perfon fo doing to be profecuted for a mifde. meanor. All bonds, notes, affign ments, or fecurity for money lent contrary (either directly or indi rectly) 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 fhall be laid be fore the Law Officers, whofe report fhall be tranfmitted to the Court of Directors.

80th claufe enacts, That the jurifdiction of the Court of Requests at Madras, Bombay, and Calcutta, thall extend to the recovery of debts only, not exceeding the fu of 80 current rupees.

ABSTRACT

PREAMBLE ftates the extenfion of the territorial poffeffions in India, and further regulations neceffary to be made on account thereof: then recites the act of ss Geo. III. cap. 52. intitled "An act for continuing in the Eaft India Company for a further term, the Britifh territories in India," &c. "and for making provifion for the good order and government of the towns of Calcutta, Madras, and Bombay.". 1ft claufe enacts, That the Court of Directors may appoint what parts of the territorial acquifitions, revenues, &c. fhall be fubject to either, and which of their Prefidencies, fubject to the control of the Commiffioners for the Affairs of India.

zd claufe recites the grant of the charter of the 8th January, and 21 year of the reign of Geo. II.; and farther recites, that, in refpeét to the adminiftration of juftice at Madras, it had been altered by an act of the 37th of his prefent Majefty, intitled "An act for the better ad. miniftration of justice at Calcutta, Madras, and Bombay," &c. Further recites, that faid charter, in refpect to the administration of juftice at Fort William in Bengal, had been altered by an act of the 13th Geo. III. and by fubfequent ftatutes. The fame claufe

Enacts, That his Majefty may eftablish a Supreme Court of Judicature at Madras, to confift of the like number of perfons, to be named by his Majesty, &c. with full power to exercife all civil, criminal, admiralty, and ecclefiaftical jurifdictions, both as to natives and Britih fubjects; and to be invefted with the fame powers as the Supreme Court at Fort William, &c.

$. Provifo, That the Governor. and Council at Madras, and the Governor General at Fort William, fhall be exempted from the autho rity of the Supreme Court of Judicature to be erected.

4th claufe enacts, That if his Majefty fhall erect a Supreme Court of Judicature at Madras, the records directed by recited act of 27 Geo, III. fhall be delivered over to the New Courts, and those belonging thereto fhall be delivered over to the Supreme Court, to which all perfons may have recourse, on ap plying to faid Court.

5th claufe enacts, That fo much of the charter of his prefent Ma. jefty for erecting the Courts of Recorder at Madras and Bombay, as relates to the appointment of Re, corder, in cafe of a new charter being granted, fhall be void, and the powers granted by the recited act of 37 Geo. III. may be exercifed by the Supreme Coart.

6th claufe enacts, That the Court of Directors fhall cause to be paid certain falaries to the Chief Jultice and Judges of the faid Court, as fhall be eftablished by the new charter, out of the territorial revenues of Madras, at an exchange of eight fhillings for the pagoda of that fettlement.

7th clause enacts, That the falaries in refpect to perfons refident in Great Britain fhall commence from the day on which fuch perfons fhail embark from Great Britain; and in refpect to persons refident in India, from the time fuch perfons fhall take upon them the execution of their office; and fuch falaries thall be in licu of all perquifites.

8th claufe enacts, That if the Chief Juftice, or any of the Puifne B 3. Judges

Judges fhall return to Europe, his Majefty may direct allowances to be made to them out of the revenues of the British territories in India, not to exceed 1600 1, to the Chief Juftice, and 1200 1. fterling to the Puifne Judges; provided that they have refided in India feven years either as Chief Juftice or Puifne Judge.

9th claufe enacts, That the falaries of the Judges of the Supreme Courts, and of the Recorder of Bombay, fhall ceafe on their leaving India.

10th clause enacts, That the junior Puifne Judge of the Supreme Court at Madras, fhall execute the office of Recorder of Bombay, whenever there shall be a vacancy thereto. The faid Puifne Judge to fill and exercife the fame office of Recorder in as full and ample manner, and with the fame allowances and exemptions, as if appointed Re, corder thereof.

11th clause enacts, That it may be lawful for the Governor and Council at Fort St. George to frame regulations for the Provincial Courts and Councils annexed to that Prefi, dency, in the fame manner as the Governor and Council at Fort William may do for the better adminiftration of juftice in Bengal, Bahar, and Oriffa.

12th claufe enacts, That if the Governor General of Fort Wil liam, or the Governor of Fort St. George, or of Bombay, fhall fignify his intended abfence from the Council, the fenior Member for the time being fhall prefide but no act of fuch Council fhall be valid, unlefs figned by the Governor General or Governor refpectively, if refident at the Prefidency, and not prevented by indifpofition; and if not fo pre. vented, and he shall refuse to fign, he and the Members who fhall have figned, fhall mutually communicate the grounds of their opinions as

directed by faid recited aft of 33 39 Geo, III. where he shall, when pre, fent, diffent from the Council.

Provifo, That nothing herein be, fore-contained shall prevent fuch Governor, when abfent, from nominating a Vice-Prefident and DeputyGovernor of Fort William.

13th claufe enacts, That any perfon or perfons convicted at any feffion of Oyer and Terminer, convicted of offences for which they would have been liable by the laws of this realm before the paffing of this act, fhall be tranfported to New South Wales, or to fome of the islands adjacent, or elsewhere, and for fuch term of years as the faid court shall direct; and perfons convicted of crimes excluding them from benefit of clergy, may, inftead of fentence of execution, be ordered to be tranfported.

Provifo, That natives of India, not born of European parents, are not to be transported to New South Wales.

14, Provifo, That no offence fhall be punished by tranfportation (except fubftituted for capital pu. nifhment,) unlefs fuch offence fhall have been committed three months after this act fhall have been pub. lifhed at Fort William, Fort St. George, and Bombay refpectively."

15th clause enacts, That if any perfon fo tranfported for life, or term of years, fhall return into the territories of the faid United Company, or fhall come into any part of Great Britain or Ireland, before the expiration of his term, fuch perfon fhall be punished as a felon, without benefit of clergy.

16. Provifo, That his Majefty may extend his mercy to fuch offenders.

17th claufe enacts, That the Governor General and Council of Fort William, and the Governor and Council of Fort St. George may

order

ørder in what manner the Courts of Requests fhall in future be formed, and to what amount the jurifdiction hall extend.

18th claufe enacts, That the Governor General and Council at Fort William may order corporal punishment for breach of rules made under authority of the recited act of 13 Geo, III

19. Provifo, That no corporal punishment fhall be inflicted, except on conviction before two Juftices of the Peace,

Provifo alfo, That no fuch conviction, judgment, or order fhall be reviewed, or brought into any fuperior court by cartiorari, or appeal, or any other procefs whatsoever.

20th claufe enacts, That from March 1ft 1800, the power of the Supreme Court of Judicature of Fort William fhall extend over the province of Benares, and all places fubordinate thereto, and all districts hereafter to be annexed to the Prefi dency,

2ift claufe enacts, That from March 1ft 1801, whenever any British fubject fhall die within either of the Prefidencies, or fub. ordinate territories, and no next of kin or creditor fhall appear, the Regifter of the Ecclefiaftical Court fhall apply for letters of adminiftration, and fhall collect the affets of the deceafed, and bring them into court and account for them.

22d claufe enacts, That when any next of kin or creditor who

fhall have been abfent, shall make out his claim, the letters of adminiftration to the Register shall be recalled, and administration in due form fhali be granted to the claimant.

23d claufe enacts, That the Judge of the Supreme Court at Fort Wil. liam, and of the Supreme Court to be erected at Madras, and the Court of the Recorder at Bombay may. make rules for extending to infol vent debtors the relief intended by act 32 Geo. II. commonly called "The Lords' Act."

Provifo, That all fuch rules fhalk be tranfmitted to the Prefident of the Board of Commiffioners for India Affairs, to be laid before his Majefty for his royal approbation; and fuch rules and orders fhall be obferved until the fame fhall be repealed or varied; and in the laft cafe, with fuch variation as fhall be made therein.

24th claufe enacts, That all rules and orders made previous to the notification of this in the refpective Prefidencies for the relief of infol vent debtors, fhall be confirmed, and all fuits commenced for acting under them fhall be void,

25th claufe enacts, That his Majefty may appoint Commissioners for carrying into execution a com. miffion for the trial and adjudica. cation of prize caufes; all any of the Judges of the Supreme Court of Judicature at Fort William, Madras, or the Court of Recorder at Bombay.

or

Fort Marlbro', 6th Feb. 1800. The following proclamnation to be iffued in the different languages:

"Complaints have been made to the Rt. Hon. the Governor General in Council, that the trade of this + B 4 Prefidency