LAWS. 1786. c. 57, § 38. executed and witnessed by persons resident in the and contrariwise, East-Indies; and the like difficulties, expense and hand-writing of on proof of the 26 Geo. 3, delay also arise in giving proof in the East-Indies of the parties. the execution of bonds, and other deeds and writings executed and witnessed by persons resident in Great Britain; for remedy thereof be it enacted, that whenever any bond, or other deed or writing, executed in the East-Indies, and attested by any person or persons resident there, shall be offered in evidence in any of the courts of justice in Great Britain, it shall be sufficient to prove, by one or more credible witness or witnesses, that the name or names subscribed to such bond, deed, or writing, purporting to be of the hand or handswriting of the obliger or obligers to such bond, or of the party or parties to such deed or writing, is or are of the proper hand-writing or hands-writing of such obliger or obligers, party or parties respectively, and that the name or names set and subscribed of the witness or witnesses attesting the execution of the same respectively, is or are of the proper hand or hands-writing of the witness or witnesses so attesting the same, and that such witness or witnesses is or are resident in the East-Indies; and in like manner all courts of justice in the East-Indies shall admit the like proof of the execution of bonds and other deeds and writings executed in Great Britain, and witnessed by any person or persons resident in Great Britain: and such proofs shall be deemed and taken to be as valid and sufficient evidence of the due execution of such bonds, and other deeds and writings, as if the witness or witnesses thereto was or were dead. Misdemeanors committed above One Hundred Miles from Presidency. (17) For misdemeanors committed by British subjects more than one hundred miles from a presidency, informations may be filed ex officio and prosecuted as in the Court of King's-Bench in England.— (Vide British Subjects, p. 118.) 1813. 53 Geo. 3, c. 155, $ 103. § 115. Forgery punishable with Transportation. (18) And be it further enacted, that if any person or persons within the local limits of the criminal jurisdiction of the said courts, or if any person or persons personally subject to the jurisdiction of any of the said courts, at any place in the East-Indies, or at any place between the Cape of Good Hope and the Straits of Magellan, where the said Company shall have a settlement, factory, or other establishment, shall falsely make, forge, counterfeit, or alter, or cause or procure to be falsely made, forged, counterfeited, or altered, or willingly act or assist in the false making, forging, counterfeiting, or altering any deed or any written instrument, for the conveyance of any property or interest in any land, house, or goods, or for securing the payment of money, or any will, testament, bond, writing obligatory, bill of exchange, promissory note for payment of money, or any indorsement or assignment of any bill of exchange or promissory note for the payment of money, or any acceptance of any bill of exchange, or any acquittance or LAWS. 1813. c. 155, § 115. or receipt, either for money or goods, or any accountable receipt of any Gifts, Company's Servants or others receiving any, to be deemed a (18) Receiving gifts to be deemed a misdemeanor. (19) The Court may order gifts to be restored, and fines to be given the prosecutor. (Vide Servants, Civil and Military, p. 631.) Loans, and Interest on. (20) No person to take above twelve per cent. Persons by covin accepting loans, shall forfeit for every offence treble the value, &c. 1793 33 Geo. 3, c. 52, § 62. $ 63. 1773. 13 Geo. 3, c. 63, § 30. 1797. (21) From 1st December 1797, no British subject to lend money to or raise loans for native princes, without consent of the Court of 37 Geo 3, Directors or the Governor in council.-(Vide Loans, p. 435.) Neglect of Court's Orders, and Office obtained by corrupt means, Misdemeanors. (22) Neglect to execute the orders of the Directors, &c. to be deemed a misdemeanor, as also any corrupt bargain for giving up or obtaining any employment.-(Vide Servants, Civil and Military, p. 633.) Perjury. (28) And be it further enacted, that if any person or persons whomsoever shall be convicted of making a false oath, touching any of the matters directed or required by this act to be testified on oath, such person or persons so convicted as aforesaid shall be deemed guilty of perjury, and shall be liable to the pains and penalties to which persons c. 142, § 28, 29. LAWS. guilty of perjury are liable by any law in force in that part of the said United Kingdom called England; and if any person shall corruptly 53 Geo. 3, procure of suborn any other person or persons to swear falsely in any 1813. c. 155, § 122. § 114. 1793. Geo. 3, c. 52, § 45. $ 46. such oath, such person, being duly convicted of such procuring and suborning, shall for every such offence incur and suffer such penalties, forfeitures, pains, and disabilities, as persons convicted of perjury are respectively liable unto, by any law in force in the said part of the United Kingdom called England. Stealing Choses in Action. (24) And whereas it is expedient, for the protection of property and trade in the East-Indies, that the stealing or taking by robbery of securities for the payment of money within the East-Indies should be made felony, and should be punishable as felony; and also, that further provisions should be made for the punishment of the crimes of forgery, and of uttering forged instruments, and of counterfeiting the current coin, and uttering such counterfeit coin, in the East-Indies; be it therefore enacted, that if any person or persons within the local limits of the criminal jurisdiction of any of his Majesty's courts at Fort-William, Fort St. George, Bombay, or Prince of Wales' Island, or if any person or persons personally subject to the jurisdiction of any of the said courts, at any place in the East-Indies, or any place between the Cape of Good Hope and the Straits of Magellan, where the said Company shall have a settlement, factory, or other establishment, shall steal, or take by robbery, any bond, bill of exchange, promissory note, treasury note, banker's note, order, acknowledgment, or other security or warrant for the payment of money, or entitling any person to the payment of money, being the property of any other person or persons, or of any corporation, notwithstanding any of the said particulars are termed in law a chose in action, it shall be deemed and construed to be felony, of the same nature and in the same degree, and with or without the benefit of clergy, in the same manner as it would have been if the offender had stolen or taken by robbery any other goods of like value with the money due on such bond, note, bill, order, acknowledgment, warrant or other security respectively, or secured thereby, and remaining unsatisfied; and such offender and offenders shall suffer such punishment as he, she, or they would or might have done, if he, she, or they had stolen other goods of the like value with the monies due on such bond, note, bill, order, acknowledgment, warrant, or other security respectively, or secured thereby, and remaining unsatisfied; any law to the contrary thereof in anywise notwithstanding. Suspected Persons engaged in Illicit Correspondence. (25) Governor-general may issue his warrant for the apprehension of persons suspected of carry ing on illicit correspondence, &c. (26) Governor of Madras and Bombay shall have the like powers.→ (Vide Governments in India, p. 400.) Trading Trading clandestinely or under the authority of Foreign Powers. (27) And be it further enacted, that no person being a subject of his Majesty, his heirs or successors, of or belonging to Great Britain, or any of the islands, colonies, or plantations aforesaid, shall procure, solicit for, obtain, or act under any commission, authority or pass, from any foreign prince, state, or potentate whatsoever, to sail, go, or trade in or to the said East-Indies, or any of the parts aforesaid; and every such person who shall offend therein shall incur and forfeit for every offence five hundred pounds, one-half part of which penalty shall belong to such person or persons as shall inform or sue for the same, and the other half to the said United Company; and if the said United Company shall inform or sue for the same, then the whole of the said penalty shall belong to the said Company. (28) Provisions against clandestine traders not repealed by opening the, trade.(Vide British Subjects, p. 109.) Unlicensed Persons. 1813. (29) Unlicensed persons trading to or going within the limits of the Company's charter, otherwise than as allowed by this act, shall be 53 Geo. 3, subject to all the penalties imposed on illicit traders. (30) Provision for summary conviction and punishment of British subjects being in India without license, or exceeding the terms of their license. (31) Persons residing in India without license may be sent home, without being afterwards prosecuted.—(Vide British Subjects, p. 109.) c. 155, § 40. § 101. $ 104. PARLIAMENT. 1767. THE Parliament in 1698 empowered his Majesty King William III. to grant to the English East-India Company the charter bearing date the 5th of September of that year, which charter is the foundation of the privileges and immunities enjoyed by the present United East-India Company. The existing laws which have been subsequently passed for the government of the Company's affairs, are contained under the different heads treated of in this work. Those which require certain accounts and statements to be laid before Parliament, and THE SPEAKER to give notice of the expiration of the period to which the Company's exclusive privileges have been extended, will be now given: such laws being preceded by an account of the leading points connected with the Company, which have been noticed in Parliament from the year 1767, when their affairs formed the subject of discussion and regulation. The difference of opinion which arose between the Court of Directors and the Proprietors of East-India Stock, on the subject of increasing the dividends, was productive of consequences which were then little foreseen or expected. On the 24th September 1767, a message in writing was sent to the Court of Directors from the First Lord of the Treasury, intimating that it was very probable the Company's affairs might be taken into consideration; therefore, from regard to the welfare of the Company, and in order that they might have time to prepare their papers for the occasion, they were informed that Parliament would meet some time in November. In the early part of the session, a committee was appointed to inquire into the state of the Company. After several warm |