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LAWS.

1826.

7 Geo. 4.

1793.

33 Geo. 3, c.52, § 125.

"to certain uses the Revenues and Profits of the said Company, and "for making Provision for the good Order and Government of the "Towns of Calcutta, Madras, and Bombay," it was enacted, that if any governor-general, or any other officer whatever in the service of the said Company should quit or leave the presidency or settlement to which he should belong, other than in the known actual service of the said Company, the salary and allowances appertaining to his office should not be paid or payable during his absence to any agent or other person for his use; and in the event of his not returning back to his station at such presidency or settlement, or of his coming to Europe, his salary and allowances should be deemed to have ceased from the day of his quitting such presidency or settlement, any law or usage to the contrary notwithstanding: and whereas it hath happened, that officers, as well civil as military, in the service of the said Company, who have quitted the presidencies or settlements to which they respectively belonged, in consequence of ill health, with the intention of returning to their stations at such presidencies or settlements, without proceeding to Europe, have died, during such temporary absence, within the limits of the said Company's charter, or at the Cape of Good Hope; and whereas it is just and reasonable that the representatives of such officers should be entitled to the salaries and allowances of such officers from the time of quitting their stations; be it therefore enacted, that it shall and may be lawful to and for the said Company to cause payment to be made to the representatives of officers in their service, civil or military, who, having quitted or left their stations, and not having proceeded or intended to proceed to Europe, but intending to return to their stations, have died, or may hereafter happen to die, during their temporary absence, within the limits of the said Company's charter, or at the Cape of Good Hope, of such salaries and allowances, or such portion of salaries or allowances, as the officers so dying would have been entitled to if they had returned to their stations.

(14) And whereas certain payments have heretofore Former paybeen made under the circumstances aforesaid; be it ments confirmed. further enacted, that all such payments so made, shall be deemed and taken to have been legally made; any thing in the said recited act of Parliament to the contrary notwithstanding: provided always, that nothing herein contained shall extend to authorize the said Company to make any such payment to the representatives of any such officer who shall have quitted or left his station prior to the 2d May 1821.

No New Salary, or Increase of, above £200, to be good, unless confirmed by the Board.

(15) And whereas, for protecting the funds of the said Company during their further term in the said exclusive trade from being burthened with any improper charges, it is expedient that the said Com

pany

LAWS.

1793.

c. 52,

§ 125.

pany should be put under reasonable limitations in respect to the granting of pensions or increasing the salaries of their officers and servants, or creating new establishments; be it further enacted, that no s Geo. 3, grant or resolution of the said Company, or their Court of Directors, to be made after the passing of this act, and during the continuance of their right in the said exclusive trade, whereby the said funds may become chargeable with any new salary or increase of salary, or any new or additional establishment of officers or servants, or any new pension, or increase of pension, to any one person, exceeding two hundred pounds per annum, shall be available in law, unless such grant or resolution shall be approved and confirmed by the Board of Commissioners for the Affairs of India, attested under the hand of the president of the said Board.

BY-LAW.

It is ordained, that no additional salary, exceeding in the whole c. 6, § 18. two hundred pounds per annum, shall be annexed to any office, without the approbation of two General Courts to be summoned for that purpose.

SALES, INCLUDING TEA.

THE sales made at the EAST-INDIA HOUSE of goods, the produce of countries within the Company's exclusive limits, with the exception of the sale of tea, are governed by the Company's regulations framed by the Court of Directors as they deem best calculated to meet the demands of the public.

Of some goods there are a fixed number of sales in each year made at stated periods, viz.

Of raw silk, three sales; of piece goods, indigo and drugs, four sales. Under the description of drugs are comprized assortments of gums, camphor, cinnamon, cloves, nutmegs, mace, ginger, rattans, and woods of various sorts, &c. &c.

There are other articles for the sale of which there is no fixed period; such as cotton-wool, sugar, coffee, rice, &c., the declarations of sale being governed by the wishes and convenience of the proprietors or consignees. Goods are permitted to be cleared from the Company's warehouses on valuation; excepting some goods, on which, if cleared for home consumption, the duty is alone ascertained at the Company's sales.

With respect to TEA, the Legislature has provided that there shall be at least four sales in the year, and as near as conveniently may be at equal distances of time, and the Company are required to put up at such sales such quantities of tea as shall be judged sufficient to supply the demand. It is to be put up at prime cost, with the charges of freight and importation, together with lawful interest thereon from the arrival of such tea in Great Britain, and the common premium of insurance as a compensation for the sea risk incurred thereThe Company are required to keep a stock at least equal to one year's consumption according to the last preceding year;

on.

and

and it may be stated, without the fear of contradiction, that during the whole of the late extended war, and under a variety of most trying circumstances, the public were fully and uninterruptedly supplied. At each and every sale, the tea put up is to be sold without reserve to the highest bidder, provided an advance of one penny per pound is bid upon the upset prices. In the sale of some teas, the Company have reduced the advance to one farthing per pound.

The Commissioners of his Majesty's Customs are empowered to appoint officers to attend the public sales of tea, and to report the prices on oath.

In order to prevent parties bidding for tea at the sales who are unable to purchase the same, it is ordained by the 7th section of the 18th Geo. 2, cap. 26, that a deposit of £2 shall be made by the purchaser for every chest or bag of all sorts of tea, with the exception of bohea, on which, under the 13th Geo. III, cap. 44, a deposit of £4 per chest or bag is to be made, which deposits, by the 161st section of the 33d Geo. III, cap. 52, are to be paid on all tea sold on the Monday and Tuesday in each week on the Saturday following, at or before three o'clock in the afternoon; and for all teas sold on the Wednesday, Thursday, Friday and Saturday in each week on the Tuesday following, at or before the same hour; the remainder of the purchase-money being made good at the time specified in the notice of sale. In default of payment of the deposit, such buyer is to forfeit six times the value of the sum to be deposited, and shall be rendered incapable of bidding for, or buying any teas at any of the Company's future sales, and the teas on which such deposits shall not be made are to be resold within fourteen days after the end of the sale at which such teas were sold.*

The buyers of the teas pay all the duties which have been or may be imposed by any act or acts of Parliament; such duties being computed upon the gross prices at which the tea is sold, and are to be paid to the Company at the time appointed for payment of the tea; except in the case of teas intended to be exported to Ireland, as provided by the 41st Geo. III, cap. 75, and except also in the case of

18 Geo. 2, cap, 26.

teas

teas intended to be exported to the British Plantations or Settlements in America, and of a limited quantity to the Islands of Jersey and Guernsey, to Gibraltar, or the continent of Europe, or to Africa, as provided by the 54th Geo. III, cap. 142; also to Malta and Sicily.

Limited quantities of tea are allowed to be exported, free of duty, to Guernsey, Jersey, and to Gibraltar and other places on the continent of Europe, and to Malta, Sicily, and likewise to Africa.

The buyers are required to pay warehouse rent for all teas which shall remain in the warehouses six months after the prompt day, at the following rates per week, until the same shall be taken away, viz. for every small chest, box, or bag, one halfpenny; for every half chest, one penny, and for every large chest, two-pence.

The Company make no allowance on account of any damage, rubbish, false package, or unequal goodness found, or pretended to be found, in any package of tea, after it is taken out of the warehouses, as the Company are willing the same shall be examined before it is taken away.

Copies of the terms, conditions, and agreements declared and contained in the general preamble of the sales, are always affixed in the sale rooms.

The duties and regulations respecting tea prior to the year 1819, were under the management of the customs. By the 59th Geo. III, c. 53, sec. 16, the whole was transferred to the Excise. On all teas imported or brought into Great Britain, an excise duty of £96 per cent. on tea sold at or under 2s. per pound; and £100 per cent. on all teas sold at or above 2s. per pound; the same being computed upon the gross prices at which the tea is sold.

By the 11th Geo. I, c. 30, sec. 8, no tea was to be imported into Great Britain from any place, other than that of its growth, although the same may have been formerly exported from hence.

It is not lawful for any person, with the exception of the East-India Company, or such as shall obtain their special leave and license in writing, or a special leave and license in writing under their authority for that purpose, to ship, carry,

or

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