HIGH COURT OF MADRAS. 



129 



The Governor- General and Council were also empowered 

 by section 36 of the Eegulating Act (13 Geo. Ill, c. 63) to 

 make and issue such rules, ordinances, and regulations for the 

 good order and civil government of the Company's Settle- 

 ment at Fort William, and other factories and places subor- 

 dinate thereto, as should be deemed just and reasonable (such 

 rules, ordinances, and regulations not being repugnant to the 

 laws of the realm), and to set, impose, inflict, and levy reason- 

 able fines and forfeitures for the breach or non-observance of 

 such rules, ordinances, and regulations, and (by the 39 and 40 

 Geo. Ill, c. 79, s. 18) in addition to, or instead of, such fines 

 and forfeitures to order or appoint such moderate and reason- 

 able corporal punishment by public or private whipping or 

 otherwise as to them should seem fit and expedient, but such 

 rules, ordinances, and regulations were not to be valid or of 

 any force or effect until the same should be duly registered 

 and published in the Supreme Court with the consent and 

 approbation of the said Court. 



This was extended to Madras and Bombay by the Statute 

 47 Geo. Ill, c. 68, s. 1, but very little use was made in any 

 of the Presidencies of the powers thereby conferred. The 

 only instance I have met with of the power having been 

 exercised in Madras is the following :— 



"A rule, ordinance, and regulation for the good order and 

 civil government of the Settlement of Fort St. George, Madras, 

 and of tja.e Port thereof, made and passed by the Eight Honor- 

 able the Governor in Council of and for the Presidency of Fort 

 St. George, Madras, the 28th December in the year of Our Lord 

 1827, and registered in the Supreme Court of Judicature at 

 Madras the 12th day of September 1828." 



In 1832 new Police regulations were proposed to be regis- 

 tered, but the Supreme Court, after hearing Counsel on the 

 subject, refused to allow them to be put in force. 



As remarked by Sir Charles Gray, the Chief Justice, who, 

 as already noticed, just put a reasonable construction on the 



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