The salary of the commander-in-chief and of lieutenant-governors was fixed at 100,000 Company's rupees by 16 & 17 Vict. c. 95, s. 35, but the salaries so fixed were declared to be subject to the provisions and regulations of the Government of India Act, 1833 (3 Will. IV, c. 85), concerning the salaries thereby appointed. The view adopted in this Digest is that these salaries can be fixed at any amount not exceeding the amounts specified in the Acts of 1833 and 1853. The power to reduce has been exercised more than once, but it is open to argument whether the power to reduce involves a power to raise subsequently. The allowances for equipment and voyage of the officers mentioned in the First Schedule (and also of the bishops and archdeacons of Calcutta, Madras, and Bombay) may, under the Indian Salaries and Allowances Act, 1880 (43 Vict. c. 3), be fixed, altered or abolished by the Secretary of State in Council. But nothing in that Act was to authorize the imposition of any additional charge on the revenues of India. Sub-section (3) is taken from s. 76 of the Act of 1833. Under 33 Geo. III, c. 52, s. 32, a commander-in-chief was not to be entitled to any salary or emolument as member of council, unless it was specially granted by the Court of Directors. The salaries and allowances now paid under the enactments reproduced in this Digest are as follows :— 'These allowances are not payable unless the officer is resident in Europe at the time of the appointment. Leave of absence to 81.-(1) The Governor-General in Council and the Govermembers nors of Madras and Bombay in Council respectively may of council. grant to any of the ordinary members of their respective [24 & 25: Vict. c. councils leave of absence under medical certificate for a period 67, s. 26.] not exceeding six months. Provision as to absence or pro (2) Where an ordinary member of council obtains leave of absence in pursuance of this section, he retains his office during his absence, and on his return and resumption of his duties is entitled to receive half his salary for the period of his absence; but if his absence exceeds six months his office becomes vacant. 82. (1) If the governor-general, the Governor of Madras, the Governor of Bombay, or the commander-in-chief of His from India Majesty's forces in India, and, subject to the foregoing provisions of this Digest as to leave of absence, if any ordinary member of the council of the governor-general, or of the Governor of Madras or Bombay, departs from India 56, s. 31. intending to return to Europe, his office thereupon becomes 3 & 4 Will. IV, vacant (a). vince. s. 37. 7 Geo. IV, c. 85, s. 79. 7 Will. IV, and 1 Vict. c. 47.] [(2) No act or declaration of any governor-general, governor, or member of council, other than as aforesaid, except a declaration in writing under hand and seal, delivered to the secretary for the public department of the presidency wherein he is, in order to its being recorded, shall be deemed or held as a resignation or surrender of his office (b).] [(3) If the governor-general, or any ordinary member of the governor-general's council, leaves India otherwise than in the known actual service of the Crown, and if any governor, lieutenant-governor, or ordinary member of a governor's council leaves the presidency to which he belongs otherwise than as aforesaid, his salary and allowances are not payable during his absence to any person for his use (c).] [(4) If any such officer, not having proceeded or intended to proceed to Europe, dies during his absence and whilst intending to return to India or to his presidency, his salary and allowances, will, subject to any rules in that behalf made by the Secretary of State in Council, be paid to his personal representatives. (5) If any such officer does not return to India or his presidency, or returns to Europe, his salary and allowances will be deemed to have ceased on the day of his leaving India or his presidency (d).] (a) Under 33 Geo. III, c. 52, s. 37, 'the departure from India of any governor-general, governor, member of council, or commanderin-chief, with intent to return to Europe, shall be deemed in law a resignation and avoidance of his office,' and his arrival in any part of Europe is to be a sufficient indication of such intent. The Act of 1833 (3 & 4 Will. IV, c. 85, s. 79) enacts in almost identical words that the return to Europe, or departure from India with intent to return to Europe, of any Governor-General of India, governor, member of council, or commander-in-chief, is to be deemed in law a resignation and avoidance of his office or employment. These provisions have been qualified as to members of council by the power to grant sick leave under the Act of 1861 (see s. 82). But when the Duke of Connaught wished to visit England in the Jubilee year during his term of office as commander-inchief in the Bombay Presidency a special Act had to be passed (50 Vict. sess. 2, c. 10). (b) This sub-section reproduces a provision in s. 79 of the Act of 1833, which was copied from a similar provision in the Act of 1793. The provision possibly arose out of the circumstances attending Warren Hastings' resignation in 1776 (see above, p. 64), but does not appear to be observed in practice. (c) This sub-section is intended to reproduce as far as practicable the effect of the enactments still in force on this subject, but their language is not clear, and was framed with reference to circumstances which no longer exist. Section 37 of the Act of 1793 enacts that if any such governorgeneral or any other officer whatever in the service of the said Company shall quit or leave the presidency or settlement to which he shall belong, other than in the known actual service of the said Company, the salary and allowances appertaining to his office shall 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 shall be deemed to have ceased from the day of his quitting such presidency or settlement, any law or usage to the contrary notwithstanding.' An Act of 1826 (7 Geo. IV, c. 56, s. 3), after referring to this provision, enacts that the 'Company may 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, 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 of such portions of salaries and allowances, as the officers so dying would have been entitled to if they had returned to their station.' Section 79 of the Act of 1833 enacts that if any such governorgeneral or member of council of India shall leave the said territories, or if any governor or other officer whatever in the service of the said Company shall leave the presidency to which he shall belong, other than in the known actual service of the said Company, the salary and allowances appertaining to his office shall 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 or of his coming to Europe, his salary and allowances shall be deemed to have ceased from the day of his leaving the said territories or the presidency to which he may have belonged. Provided that it shall be lawful for the said Company to make such payment as is now by law permitted to be made to the representatives of their officers or servants who, having left their stations intending to return thereto, shall die during their absence.' An Act of 1837 (7 Will. IV, c. 47) enacts that these provisions in the Acts of 1793 and 1833 are not to extend to the case of any officer or servant of the Company under the rank of governor or member of council who shall quit the presidency to which he shall belong in consequence of sickness under such rules as may from time to time be established by the Governor-General of India in Council, or by the Governor in Council of such presidency, as the case may be, and who shall proceed to any place within the limits of the East India Company's charter, or to the Mauritius, or to the island of St. Helena, nor to the case of any officer or servant of the said Company under such rank as aforesaid who, with the permission of the Government of the presidency to which he shall belong, shall quit such presidency in order to proceed to another presidency for the purpose of embarking thence for Europe, until the departure of such officer or servant from such last-mentioned presidency with a view to return to Europe, so as that the port of such departure for Europe shall not be more distant from the place which he shall have quitted in his own presidency than any port of embarkation within such presidency.' These rules were to require the approval of the Court of Directors and the Board of Control. Finally, s. 32 of the Act of 1853 (see s. 89 of the Digest) declared that 'Nothing in any enactment now in force, or any charter relating to the said Company, shall be taken to prevent the establishment, by the Court of Directors (under the direction and control of the said Board of Commissioners), from time to time, of any regulations which they may deem expedient in relation to the absence on sick leave or furlough of all or any officers and persons in the service of the said Company in India, or receiving salaries from the said Company there, under which they respectively may be authorized to repair to and reside in Europe or elsewhere out of the limits of the said Company's charter, without forfeiture of pay or salary, during the times and under the circumstances during and under which they may now be permitted (while absent from their duty) to reside in places out of India within the limits of the said Company's charter, or during such times and under such circumstances as by such regulations may be permitted.' The powers conferred by the Act of 1853 would seem to over-ride the previous provisions as to salary, but not the previous provisions as to vacation of office. (d) The last two sub-sections are inserted as a rough reproduction of the Act of 1826, and of an enactment in the Act of 1853, but it is doubtful whether these enactments are still law, and whether they are not superseded by regulations under the Act of 1853. tional ments. [3 & 4 c. 85, s. 61. 83.-(1) His Majesty may by warrant under his Sign CondiManual appoint any person conditionally to succeed to any appointof the offices of governor-general, governor, or ordinary member of the council of the governor-general or of the Will. IV, Governor of Madras or Governor of Bombay, in the event 24 & 25 of the office becoming vacant, or in any other event or con- ss. 2, 5.] tingency expressed in the appointment, and to revoke any such conditional appointment (a). (2) A person so conditionally appointed is not entitled to any authority, salary, or emolument appertaining to the office to which he is appointed, until he is in the actual possession of the office. (a) By 3 & 4 Will. IV, c. 85, the power of making conditional appointments to the offices of governor-general, governor, and member of the Council of Madras and Bombay was vested in the Court of Directors, and consequently is now vested in the Secretary of State (21 & 22 Vict. c. 106, s. 3). Under 24 & 25 Vict. c. 67, s. 5, the power of making conditional appointments to the office of ordinary member of the governor-general's council is apparently exercisable either by the King, or by the Secretary of State with the concurrence of a majority of the Council of India. Vict. c. 67, governor In practice, the power is in all these cases exercised by the King only. 84.-(1) If any person entitled under a conditional Power for appointment to succeed to the office of governor-general general to on the occurrence of a vacancy therein, or appointed absolutely powers to that office, is in India on or after the occurrence of the before taking vacancy, or on or after the receipt of the absolute appoint exercise |