Page:Ruffhead - The Statutes at Large - vol 11.djvu/863

A. D. 1773, Anno declmo tertio Gborgu III. C. 63. 821 Fort William in Bengal, or the Prefident and Council at the Place of Settlement where fuch Perfon or Perfons (hall refide tor that Purpofe, firft had and obtained. « XXXIII. And be it further enabled by the Authority aforefaid, That from and after the faid Firft of the Day of Augujly One thoufand feven hundred and Seventy-four, if any of his Majefty’s Subjects in ca^P?o?Br«Ich. India y employed by, or in the a&ual Service of the faid United Company, (hall be charged with and cs of Truft, om‘ profecuted for any Breach of publick Truft, or for Embezzlement of publick Money or Store?, or for Conviaion, to defrauding the faid United Company; every fuch OftVnder, being convidtcd thereof, in the faid j3u- be fined or ira- preme Court of judicature, or in any Court of Judicature in any other Prefidency or Settlement in r1! India, may be fined and impiifoned, and adjudged to be for ever after incapable of ferving the faid c0"^°ao 1 C United Company,^ theDifcretion of the Court before which he (hall be tried ; and immediately after the Sentence of fuch Court (hall have been executed and inflicted, (hall and may be fent over to Eng- . land, by fuch Order, and in fuch Manner, as is herein-before mentioned and directed, unlefs he (hall remove bimfelf within Twelve Months, and in the mean Time give fufficient Security fo to do. XXXIV. And be it further eindled by the Authority aforefaid,That all Offences and Mifdemeanours OflFencejtobe . which (hall be laid, tried, and enquired of in the faid Supreme Court, (hall be tiied by a Jury of Bri- lried by 8 Jurr tijh Subjects refident in the Town of Calcutta, and not otherwife. of Bntifli Sub- XXXV. And be it further enacted by the Authority aforefaid, That after any Judgement of the ^ 8" faid Supreme Court of Judicature, or of any Court of Judicature at any of the faid Cnited Company’s mavco^Tound Settlements, againft any of the faid United Company’s Servants, Civil or Military, for any Debt or o^difchTrg^Sen* Penalty, due or belonging to the faid United Company, (hall be made known to the Court of Direc- tcncciofthe tors for the Time being of the faid United Company, it (hall not be lawful to releafe or compound Supreme Court, fuch Sentence or Judgment, or to releafe, difeharge, or put a flop to any Profecution, Suit or Action, commenced or to be commenced, for carrying on any illicit Trade, or for any Debt or Penalty due to ' the faid United Company, or to reftbre any Servant or Servants whatever of the faid Company, who fhall have been removed or difmified from his or their Office or Employment, for or upon Account of any Mifbehaviour, without the Confent of Three Parts in Four of the faid Court of Directors, to be taken by Ballot, and alfo the Confent of Three Parts in Four in Number of the Proprietors of the faid United Company, who (hall be prefent, and give their Votes by Ballot, to be taken at a general Court to be fpecially called for that Purpofe, and of which Fourteen Days publick Notice, at the leaft, fhall be given before the holding the fame, and of the particular Occafion for which fuch General Court (hall be calleJ. XXX VI. And>be it further enacted by the Authority aforefaid, That it (hall and may be lawful for Governor-gene-‘ the Governor-general and Council of the faid United Company’s Settlement at Fort William in Bengal, «l and Council from Time to Time, to make and iflue fuch Rules, Ordinances, and Regulations, for the good Order fuch and Civil Government of the faid United Company’s Settlement at Fort William aforefaid, and other nufippear jufti Factories and Places fubordinate, or’to be fubordinate thereto, as (hall be deemed juft and reafonable, (fuch Rules, Ordinances, ani Regulations, not being repugnant to the Laws of the Realm), and to fet, impofe, inflift, and levy, reafonable Fines and Forfeitures for the Breach or Non-obfervance of fuch Rules, Ordinances, and Regulations; but neverthelefs the fame, or any of them, (hall not be which fhall not valid, or of any Force or Effect, until the fame (hall be duly regiftered and publilhed in the faid Su- be valid until preme Court of Judicature, which (hall be, by the faid new Charter, eftablilhed, with the Confent ?ub-regiftered and Approbation of the faid Court, which Regiftry (hall not be made until the Expiration df Twenty c0^Supreme Days after the fame (hall be openly publiftied, and a Copy thereof affixed in fome confpicuous Part of °ur the Court-houfe or Place where the faid Supreme Court (hall be held ; and from and immediately after fuch Regiftry as aforefaid, the fame (hall be good and valid in Law ; but, neverthelefs, it (hall be law- Appeals may be ful for any Perfon or Perfons in India to appeal therefrom to his Majefty, his Heirs or Succeffors, in |° Council, who are hereby imnowered, if they think fit, to fet afide and repeal any fuch Rules, Ordi- cil”who may*" nances, and Regulations refpeiftively, fo as fuch Appeal, or Notice there d, be lodged in the faid new repeal fuch * Court of Judicature, within the Space of Sixty Days afier the Time of .ne regiftering and publifhing Rules; the fame ; and it (hall be lawful for any Perfon or Perfons in England to appeal therefrom in like Man¬ ner, within Sixty Days after the publifhing the fame in England; and it is hereby directed and required, and a Copy of that a Copy of all fuch Rules, Ordinances, and Regulations, from Time to Time, as the fame (hall a11 ^cgila^ons be fo received, (hall be affixed in fohne confpicuous and publick Place in the India Houfey there to IndUHoufe. remain and be reported to as Occafion (hall require ; yet neverthelefs, fuch Appeal (hall not obftrutft, # impede, or hinder the immediate Execution of any Rule, Ordinance, or Regulation, fo made and re¬ giftered as aforefaid, until the fame (hall appear to have been fet afide or repealed, upon the Hearing and Determination of fuch Appeal. XXXVII. Provided always, and be it enabled by the Authority aforefaid, That the faid Governor* Governor.gene- general and Coungil (hall, and they are hereby required, from Time to Time, to tranfmit Copies of r*l and Council all fuch Rules, Ordinances, and Regulations, as they (hall make and ifiue to One of His Majefty’s to tranfmit Co¬ principal Secretaries of State for the 'l ime being, and that it (hall and may be lawful to and for His one Majefty, His Heirs and Succtfibrs, from Time to Time, as They (hrll think necellary, to fignify to 0fYhe Scc*^! the faid United Company, under His or Their Sign Manual, His or Their Uifapprobation and Di f- taries of State ; allowance of all fuch Rules, Ordinances, and Regulations ; and that from and immediately after the which if Hi. Time that fuch Disapprobation fhall be duly regiftered and publifhed in the faid Supreme Court of M.jefty do«_ Judicature at Fort IVilliam in Btngal, all fuch Rules, Ordinances, and Regulations, fhall be null and D^ilowinc^of void ; but in cafe His Majefty, His Heirs and Succtftbrs. fhall not, within the Space of Two Years hivetuU° * from the making of fuch Rules, Ordinances, and Regulations, fignify His or Their Difapprobation or Force. Vol. XI. 5 N Difal- Digitized by Google