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33 Geo. III. c. 52.
An Act for continuing in the East India Company, for a further tere, the possession of the British Territories in India,
Ilegal trading, &c. in the East India company's limits. If any of the subjects of his Majesty, of or belonging to Great Britain, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, or Faro Isles, or to any of his Majesty's colonies, islands, or plantations in America or the West Indies, (other than such as by the East India company shall be licensed or otherwise thereunto lawfully authorized,) shall at any time before the determination of the said company's sole trade, directly or indirectly sail to, visit, haunt, frequent, trade, traffic, or adventure to in or from the East Indies, or other parts hereinbefore mentioned, cortrary to this act, every such offender shall incur the forfeiture and loss of -all the vessels belonging to or employed by such subjects respectively, and also—all the goods laden thereupon, or which were or shall be sent, acquired, traded, trafficked, or adventured within the East Indies or parts aforesaid, -and all the proceeds and effects of such goods, and double the value thereof. $ 129.
Persons going to the East Indies, &c. contrary to act.-Every subject of his Majesty, of or belonging to Great Britain, or the islands, colonies, or plantations aforesaid, or any of them, who shall at any time before the determination of the said company's sole trade, go, sail, or repair to the East Indies, or parts aforesaid, against any of the provisions of this act, shall be deemed to have unlawfully traded and trafficked there, -and all the ships and goods which shall be employed therein or found in his custody, or in the custody of any other person by his order or procurement, shall and may be seized, and shall be forfeited, with double the value thereof. § 130.
Unlicensed persons going to or found in the East Indies, &c.-If any subject of his Majesty, of or belonging to Great Britain, or any of the islands, colonies, or plantations as aforesaid, not being lawfully licensed or authorized, shall at any time before the determination of the said company's sole trade, directly or indirectly go, sail, or repair to, or be found in the East Indies, or any of the parts aforesaid, every such person is hereby declared to be guilty of a high crime and misdemeanour, and being convicted thereof shall be liable to such fine or imprisonment, (or both,) as the court in which he shall be convicted shall think fit. § 131.
Persons unduly sending goods to Europe. --Before such determination of the said coinpany's sole trade, it shall not be Jawful for any subject of his Majesty, of or belonging to Great Britain, or any of the islands, colonies, or plantations aforesaid, either in his own name or in the name of any other person to carry on or to be concerned, at his own risk or for his or their own benefit, in the sending any kind of goods, the produce or manufacture of the East Indies or China, by the way of Suez or by any other channel to Europe, otherwise than as is allowed by this act; mand if any such subject shall carry on or be concerned in any such trade or traffic on his own account, contrary hereto, he shall forfeit to the said company double the value of the goods so unlawfully sent to Europe. § 138.
• It will be seen by the subsequent acts, wherein this restriction has been relaxed.
37 Geo. III. c. 117.
An Act for regulating the Trade to be carried on with the British
Possessions in India by the Ships of Nations in Amity with his Majesty.
After reciting the 12 Car. 2. c. 18. (which has subsequently been repealed): whereas it is expedient that the ships and vessels of countries and states in amity with his Majesty should be allowed to import goods and commodities unto and to export the same from the British territories in India, subject to certain restrictions and regulations : be it therefore enacted
Vessels of countries in amity may import and export goods from the British possessions in India.—That during the continuance of the exclusive trade of the united company of merchants of England trading to the East Indies, and during the term for which the possessions of the British territories in India is secured to the said united company, it shall be lawful for the ships and vessels of countries and states in amily with his Majesty to import into—and export from the British possessions in India such goods and commodities as they shall be permitted to import into and export from the said possessions by the directors of the said company, (who are hereby directed to frame such regulations as shall seem to them most conducive to the interest and prosperity of the said possessions, and of the British empire ;)—and no ship or vessel belonging to any of the subjects or states or countries in amity with his Majesty shall be liable to seizure, confiscation, or forfeiture, or other penalty, for exporting from or importing into the said possessions any goods or commodities, the importation or exportation of which respectively shall be permitted by the said regulation :Provided always, that it shall not be lawful for the directors of the said united company to frame any regulations which shall be inconsistent with any treaty or treaties which shall have been or may be entered into by his Majesty, his heirs and successors, and any country or state at amity with his Majesty,-or with any act or acts of parliament which have been passed for the regulation of the trade and commerce of the said British territories in India. $1.
Regulations framed by the directors to be subject to the control of the board of commissioners for the affairs of India. § 2.
Court of proprietors not to alter any resolution of directors. $ 3.
53 Geo. III. c. 155.
An Act for continuing in the East India Company, for a further
Term, the Possession of the Brilish Territories in India, together with certain exclusive Privileges ; for establishing further Regulations for the Government of the said Territories, and the better Administration of Justice within the same; and for regulating the Trade to and from the places within the limits of the said Company's charter.
Whereas by an act of parliament of Great Britain of 33 Geo. III. c. 52, for continuing in the East India company, for a further term, the possession of the British territories in India, together with their exclusive trade, under certain limitations, and for other purposes ;-and whereas by an act of the parliament of Ireland, passed in the same thirty-third year of his said Majesty's reign, for regulating the trade or Ireland to and from the East Indies, under certain conditions and provisions, for a time therein mentioned, the exclusive privileges granted to the company by the said act of the parliament of Great Britain were confirmed and whereas it is expedient that the territorial acquisitions mentioned in the said act of the parliament of Great Britain, together with such other territorial acquisitions on the continent of Asia
, or tu any islands situate to the north of the equator, as are now in the passession, and under the government, of the said united company, with the revenues thereof, should, without prejudice to the undoubted sotereignty of the crown of the United Kingdom of Great Britain and Ireland, in and over the same, or to any claim of the said united company to any rights, franchises, or immunities, remain in the possession and under the government of the said united company for a further term, &c. ;-and whereas it is expedient that, from and after the 10th day of April, 1814, the right of trading, trafficking, and adventuring in, to, and from all ports and places within the limits of the said united company's present charter (save and except the dominions of the emperor of China) should be open to all his Majesty's subjects, in common with the said united company, subject to certain regulations and provisions,* &c. during the further term hereby limited :it is therefore enacted, that the territorial acquisitions mentioned in the said act of the parliament of Great Britain of 33 Geo. III. together with such
of the territorial acquisitions since obtained upon the continent of Asia, or in any islands situate to the north of the equator, as are now in the possession, and under the government, of the said united company, with the revenues thereof, respectively, shall remain and con tinue in their possession, subject to such powers and authorities for the superintendence, direction, and control over all acts, operatiotus, and concerns, which relate to the civil or military government of revenues of the said territories, and to such further and other powers
, regulations, and restrictions, as have been already made or provided by any act or acts of parliament
in that behall, or are made and provided by this act for a further term, to be computed from the said 10th day of April, 1814, until the same shall be determined by virtue of the proviso hereinafter contained. $ 1.
Exclusive trade with China, and trade in Tea.—The sole and es. clusive right of trading and using the business of merchandise in, to and from the dominions of the emperor of China, -and the whole,
, and exclusive right of trading in Tea, in, to, and from all islands, ports and places between the Cape of Good Hope and the Straits of Magellan, - in such manner as the same rights are now lawfully exercised or enjoyed by the said united company, by virtue of any act or charter now in force, so far as the same, or any of them, are in force, and not repealed by, or repugnant to, this act, shall continue and be in force during the further term hereby granted to the said oompany: subject to such alterations therein as may be made by any of the enactments, &c. contained in this act. $ 2.
When the erclusive trade shall cease.—At any time, upon three years' notice to be given by parliament, after the 10th day of April, 1831, and upon payment made to the East India company, of any sum or sums
The provisions of this act, as to the Private trade within the company's limits, and as to the limits within which ships fitted out for the southern whale fishery may post, p. 755.
of money, which, according to the provisions of an act of the thirtythird year of his late Majesty (intituled “ An Act for placing the Stock, called East India Annuities, under the management of the Governor and Company of the Bank of England, &c. in redemption of a Debt of four millions two hundred thousand pounds, owing by the Public to the East India Company, &c.") shall, or may, upon the expiration of the said three years, become payable to the said company, according to the true intent and meaning of the said act; then and from thenceforth, and not before or sooner, the term hereby granted to the said company, and all right, title, and interest of the company, to or in any exclusive trade continued to the company under the provisions of this act, shall cease and determine.
Not to determine the corporation, &c.—Nothing in the last proviso, or in any act or charter contained, shall extend to determine the corporation of the united East India company, or to preclude the said company, or their successors, from carrying on at all times, after such determination of their exclusive trade as aforesaid, a free trade in, to, and from the East Indies, with all or any part of their joint stock in trade, goods, merchandises, estates, and effects, in common with other the subjects of his Majesty trading to, in, and from the said parts. § 4.
Notice by the Speaker to be deemed a due notice by Parliament. $ 5.
Duties.-All goods, wares, and merchandise, of or belonging to the said company, exported or imported from or into any ports or places under their government in the East Indies, or other places within the limits of their charter, shall be subject to the payment of the like rates, customs, and duties of import and export, as the goods, wares, and merchandise, of the same kinds or sorts, exported or imported in private trade, under the authority of this act, are or shall be subject or liable to be charged with. $ 24.
Duties imposed in India.-No new or additional imposition of any duty or tax upon the export, import, or transit of any goods, wares, or merchandise, whatsoever, made by authority of the governor-general, or governor in council, of any of the said company's presidencies or settlements in the East Indies, or parts aforesaid, shall be valid or effectual, until the same shall have been sanctioned by the court of directors, with the approbation of the board of commissioners. $ 25.
Directors refusing permission to any persons to proceed to the East Indies.—When any application shall be made to the court of directors, for or on behalf of any person or persons desirous of proceeding to the East Indies, for permission so to do, the said court shall, unless they shall think fit to comply there with, transmit every such application, within one month froin the receipt thereof, to the board of cominissioners for the affairs of India; and, in case the commissioners shall not see susficient objection thereto, it shall be lawful for them to direct that such person or persons shall, at his, or their own special charge, be permitted to proceed to any of the said principal settlements of the company; and that such person or persons shall be furnished by the court of directors with a certificate or certificates, signifying that such person or persons hath or have so proceeded with the cognizance and under the sanction of the court of directors. $ 33.
But nothing herein contained shall extend to restrict the court of directors from offering such representations to the board of commissioners, respecting persons so applying for permission to proceed to the East Indies, as the court may at any time think fit; and all persons who shall proceed to the East Indies shall, upon their arrival at any place within the limits of the united company's government, be subject to all such rules and regulations as now are, or hereafier may be, in force within those limits. 34 and 35.
Governments in India may declare certificates and licences roid.But if any person, having obtained a certificate or licence from the court of directors, authorizing him to proceed to the East Indies, shall at any time so conduct himself, as in the judgment of the governor general, or governor of the presidency within which such person shall be found, to have forfeited his claim to the countenance and protection of the government of such presidency, it shall be lawful for such governor-general, or governor, by order to declare that the certificate or licence so obtained by such person shall be void, from a day to be named in such order; and from and after such day so to be named, such person may be sent forth with to the United Kingdom: Provided, nevertheless, that no person whose certificate or licence shall bave been so vacated, shall be subject or liable to any prosecution for residing, or being found in the East Indies, until two months after notice of such order having been given to such person, by delivery of a copy thereof, or by leaving the same at the last place of his abode, or by publication of such order in the gazette of the presidency where such order shall be made. $ 36.
Unlicensed residents. - It shall not be lawful for any of the governments of the said company, at their several presidencies to license or otherwise authorize the residence, at any place or places within the limits of the said company's
governments, of any subject of his Majesty, who shall go thereto, after the 10th day of April
, 1814, unless such person shall have been previously furnished with a licence or certificate from the court of directors, or have otherwise been authorized by law to reside within the said limits : Provided, nevertheless, that any governor-general, or governor of any of the said presidencies
, for extraordinary reasons, to be entered upon the minutes of council
, may authorize, by special licence, the residence of any British subject in any place or places under the government of such presidency, until the pleasure of the court of directors shall be known in that behalf: Provided, that a copy of such licence, and of the reasons for granting the same, &c. shall be transmitted to the said court of directors forthwith after the granting thereof. $ 37.
Persons proceeding to reside, except within certain limits.- It shall be lawful for the board of commissioners for the affairs of India, by licence in writing for that purpose, upon such terms and conditions as they may think
fit, to authorize any person or persons to proceed to and reside at any place or places situate more to the northward than 11 degrees of south latitude, and between the 64th and 150th degrees of east longitude from London, and not being upon the continent of Asia, between the river Ivdus and the town of Malacca inclusive ; nor in any island under the government of the said company lying to the northward of the equator ; nor at the said company's factory at Bencoolen, nor its dependencies ; nor within the dominions of the Emperor of China. § 38.
And it shall be lawful for any subject of his Majesty to proceed to and reside at any place or places, situate more to the southward than 11 degrees of south latitude, or more to the westward than 64 degrees, or more to the eastward than 150 degrees of east longitude from London, for any lawful purpose, without any licence whatsoever. $39.
The sections 42 to 97, relate wholly to the internal concerns of