878 COM! 
on their account in India, to be brought, without break¬ 
ing bulk, to tome part of England or Wales, and there to 
be unladen and put on land. The amount of this fecu- 
rity is regulated by 6 Ann. c. 3. By 13 Geo. III. c. 63. 
“ for eftablilhing certain rules and orders for the manage¬ 
ment of the affairs of the company, as well in India as in 
Europe,” confiderable alterations were made in the con- 
ftitution of the company. It was enafted that the court 
of directors (hould in future be elefted for four years; fix 
members annually; but none to hold their feats longer 
than four years. That no perfon Ihould vote at the elec¬ 
tion of the directors, who had not poTefftd their ftock 
twelve months. This ftatute alfo increafed the qualifica¬ 
tions for a vote from five hundred pounds to one thou¬ 
land pounds. The ftatute ordained that the mayor’s court 
of Calcutta Ihould in future be confined to fmall mercan¬ 
tile caules, to which only its jurilHiftion extended before 
the territorial acquifitions. That, in lieu of this court, 
a new one fiiould be eftablilhed at Fort William, under 
the title of the Supreme Court of Judicature, confiding 
of a chief juftice and three puifne judges; and that theie 
judges be appointed by the crown. That a fuperiority be 
given to theprefidency of Bengal over the otherprefidencies 
in India. That the power of nominating and removing 
the governor-general and council at Fort William and 
Bengal, fiiould be veiled in the directors. By 26 Geo. III. 
25. it is declared, that his majefty’s approbation of the 
appointment of the governor-general and council of Fort 
William is not neceffary. The falaries of the judges were 
alio fixed at eight thouland pounds to the chief juftice, 
and fix thouland pounds a-year to each of the other three. 
The appointment of the governor-general and council 
were fixed, the firft at twenty-five thouland pounds, and 
the four others at ten thouland pounds each, annually. 
It has been laid, we know not on what foundation, that 
no proportionable benefit has refulted from this aft'to the 
company ; that, on the contrary, this court of juftice oc- 
cafioned much diiContent to the natives, as weil as uiffa- 
tisfaftion to the company's fervants. This being a poli¬ 
tical queftion, the difcullion of it is by no means appli¬ 
cable to the purpofes of this work. 
By 24. Geo. III. c. 25. three things were intended: 1. 
The eftablilhing a power of controul in this kingdom, by 
which the executive government in India is connefte 1 with 
that over the reft of the empire. 2. The regulating the 
conduft of the company's fervants in India, in order to 
remedy the eviis that had prevailed there. 3. The pro¬ 
viding for the punifhment of crimes which might refleft 
difgrace upon Great Britain. Under this ftatute, fix per- 
Tons are to be nominated by the king, as coinuuflioners 
for the affairs of India, of whom one of the fecreturie, of 
ftate, and the chancellor of the exchequer for the time 
being, lhall be two, and the prelident is to have the call¬ 
ing vote, if equally divided. New coinmiffioners are to 
be appointed at the pleafure of the crown. The mem¬ 
bers of this board of controul are lworn to execute the 
feveral powers and trulls repoled in them, without favour 
or affeftion, prejudice or malice. The court of directors 
are to deliver to this board, for their approbation or al¬ 
teration, all minutes, orders, and refolutions, of tliem- 
felves, and of the courts of proprietors ; and copies of all 
letters, orders, and inftruftions, propofed to be lent 
abroad. None to be fent until after fuch previous com¬ 
munication, - on any pretence whatever. The directors 
are to appoint the fervants abroad; but power is given 
to the king, by his fecretary of ftate, to re-call the gover¬ 
nors and members of the councils, and all inferior ma- 
giUrates.. The council of Bengal are fubjefted to the di¬ 
rection of the company at home ; and in all cafes, except 
thole of immediate danger and neceffity, reftrained from 
aiding without orders from England. Another object of 
this aft is, to redrefs the grievances of the natives of In¬ 
dia ; to provide for the payment of the debts of the na¬ 
bob of Arcot, which are a burden on his country; dif- 
criminating at tiie liune time tliofe which were juttly in- 
A N Y. 
curred, from tliofe which were forced upon him by the 
injuftice and extortion of Britilh oppreffors; to afeertaiu 
the indeterminate rights and pretenlions, on which lo 
many differences arofe between him and the rajah of 
Tanjore; and to deliver the zemindars, and other native 
landholders of India, from oppreiiion ; and to lecure to 
them their pofteftions by permanent rules of moderation 
and juftice. 
A material part of this bill is direfted alfo againft the 
abufes faid to have prevailed in the civil and military de¬ 
partments ; enjoining a thorough revilal of their efta- 
blilhment, together with the fuppreflion of fuch places as 
are found to be ufelefs, and of luch expences as may be 
conveniently avoided. And, in order to prevent any de- 
lufive Ihow of retrenchment, or any future deviation, this 
reform is direfted to be conitantly lubmitted in its whole 
ftate and progrefs to parliament. Cadets and writers 
were heretofore fent to India in fuch numbers as to re¬ 
main a burden upon the company’s ellablilhments. Theie 
are reduced to a certain complement not to be exceeded. 
A fyftem of fucceffion by fenioi ity is eftabliftied by the 
aft, to prevent the fervants of the company from riling, 
merely through intereft, without merit; leaving, how¬ 
ever, to the councils abroad the power of bringing for¬ 
ward, for reafous to be by them afligned, any perfons of 
extraordinary merit or capacity. 
Security having been heretofore derived to delinquents 
in India, from the circumltance of their offences being 
committed within the territories of Indian princes, fo as 
not to come within the cognizance of the Britilh govern¬ 
ment; this aft provides againft fuch evaiions in future, 
by declaring the offence equally punifhable in whatever 
territory of India it is committed. The aft of receiving 
prelents is declared to be in itlclf extortion, and punifh¬ 
able accordingly. The offences of difobeying orders, 
and bargaining for offices, are pronounced to be mifde- 
meanors; and it is provided that offenders lhall not com¬ 
pound for them with the company ; nor ever be reftored 
to appointments in their fervice. Collectors and receivers 
are bound r>y oath not to receive any private gratuity 
over and above the legal tribute. With a view to pre¬ 
vent, or more eafily punifti, the mifeonduft of the com¬ 
pany’s fervants, feveral regulations were made by this 
ftatute for the difeovery of .their property on their return 
to England from India 5 but which were ali repealed by 
26 Geo. III. c. 57. 
The attorney.general, or court of direftors, may exhi¬ 
bit an information againft any perfon guilty of the crime 
of extortion, or other mifdemennors committed in the 
Eall Indies, alter January 1, 1785; which information is 
to be tried by commitfioners lelefted from both houles of 
parliament. The election of theie commifiioners is re¬ 
gulated by 26 Geo. III. c. 57. which in nibftance direfts 
as follows : The lords are to ballot for twenty-fix of their 
houfe, and the commons for forty of their number; their 
names are again to be put into a box, to be drawn out 
by lot, in pretence of thiee judges, (one of the court of 
king’s-bench, one of common pleas, and one of the ex¬ 
chequer,) and of the oarties; and the defendant may 
peremptorily chal.ciige thirteen peers and twenty com¬ 
moners; and he, as well as the prolecutor, may challenge 
as many as they pleafe for caule Ihewn. The firll five 
names of the peers, and the firft leven names of the com¬ 
moners, which tiia.il be drawn without challenging, lhall 
be returned by die three judges .to the lord chancellor, 
to inlert their names, with thole of the three judges in a 
fpecial commilfrdri, for them, or any ten of them, of 
whom one of the judges always to be one, to hear and 
determine every fuch information, and pronounce judg¬ 
ment thereon; fuch judgment to be enforced by the au¬ 
thority of the court of king’s-hench, and to be elfeftual 
and conclnlive to all intents and purpofes whatfoever. 
This, as well as the former aft alfo, contains many other 
directions relative to the trial, as alfo relative to the dif- 
penfing juftice, both in criminal and civil cafes in India. In 
coniequence 
