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mine whether a particular territory is British or not, it may be necessary to look not merely to the powers exercised within it, but also to the manner in which, and the understandings on which, those powers have been acquired and are being exercised. Where the acquisition dates from long back, difficult questions may arise. But in the case of recent acquisitions there will usually be no serious difficulty in determining whether what has been acquired is merely a right to exercise certain sovereign powers within a particular tract, or whether there has been such a transfer of sovereignty over the tract as to convert it into British

territory. Conclu- The general conclusions appear to be :sions as to extra-ter

1. The extra-territorial powers of the Governor-General of ritorial India are much wider than the extra-territorial powers of the powers of Governor- Indian Legislature, and are not derived from, though they General.

may be regulated or restricted by, English or Indian Acts.

2. Those powers are exercisable within the territories of all the Native States of India. Whether they are exercisable within the territories of any State outside India is a question which depends on the arrangements in force with the Government of that State, and on the extent to which the powers of the Crown exercisable in pursuance of such arrangements have been delegated to the Governor-General.

3. The jurisdiction exercisable under those powers might be made to extend not only to British subjects and to subjects of the State within which the jurisdiction is exercised, but also to foreigners.

4. The classes of persons and cases to which jurisdiction actually applies depend on the agreement, if any, in force with respect to its exercise, and, in the absence of express agreement, on usage and the circumstances of the case, and may be defined, restricted, or extended accordingly by the instrument regulating the exercise of the jurisdiction.

INDEX

Arrest, exemption from, of high

officials, 247, 248.
Articles of War, 33, 34, 205.
Assada Company, the Courten's

Association, 15.
Assam, chief commissionership, 93,

114 ; legislative council, 118, 119,
215 ; subordinate civil courts,
137 ; constitution of government,

191-196; legislation, 203.
Assent of governor-general to all

Acts, 209, 222; of governor or
lieutenant-governor to local Acts,

222.
Assessors, trial by, 138.
Assurances of property, in England,

167 ; in India, 168.
Audit of India accounts in Eng-

land, 165, 166.

B.

A.
Absence, leave of, to members of
council, 132, 226.

-from India of governor, vacates
office, 132, 226.
Accounts of Secretary of State, 161,
164.

of revenues to be laid before
Parliament, 164.
Act of State, as defence in judicial

proceedings, 171-175.
Actions against Secretary of State,

170-175:
Adalat. See Sadr Adalat.
Additional judge, 138.

members of council, of gover-
nor-general, 115, 116, 197 ; of

Madras or Bombay, 119, 213, 214.
Aden, part of British India, 264 ;

Jewish law, 338.
Admiralty jurisdiction, 20, 21, 22,

46, 241, 242-244.
Advocate-general, additional mem-

ber of legislative council, 214 ;
appointment and powers of, 251.
African protectorates, law applied

to, 372–377:
Agra, proposed presidency of, 83, 89,

191, 192.
Aldermen, at Madras, 22, 23, 32; at

Bombay and Calcutta, 32.
Allahabad, high court, 104, 126.
Allegiance, prohibition on legisla-

tion affecting, 200.
Allowances to certain officials, 224,

225.
Amalgamation of Indian and Royal

army, 97, 98.
Amboyna, massacre of, 15.
Anson, Sir W., referred to or quoted,

68, 98, 146, 159, 161, 166, 175.
Appeals, 32, 48, 127, 137, 139.
Appointments by Secretary of State,

153, 154.
Archdeacons, first appointment of,

78; salaries of, 131, 253.
Armenians, law regarding, 330.
Army, first sepoys raised, 33, 267 ;

Company authorized to enlist
soldiers, 60; further powers for
raising European troops, 72 ; re-
striction on legislature, 117, 208,
219; constitution of, 129-131 ;
military commissions, 267-271.

Benares, jurisdiction of supreme

court extended to, 72; Bengal

Regulations extended to, 101.
Bencoolen (Fort Marlborough), pre-

sidency of, 45.
Bengal, establishment of English

government, 34-37, 42, 43; ap-
pointment of governor-general,
44; supremacy over other presi-
dencies, 45 ; intended division of
presidency, 83; appointment of
lieutenant-governor, 90 ; creation
of legislative council, 103 ; subor-

dinate civil courts, 137.
Bengal, Eastern, union with Assam,
191.

Regulations, 43, 58, 59, 71, 84,
IOI, 121.
Berar, not part of British India, 115,

393.
Bills of exchange, law regarding,

334, 335.
Birth place, no disqualification for

office, 89, 234.
Bishop, first appointment of, 78,

131 ; legislation affecting, 252-

254.
Board of Control, first established,

62,63; remodelled, 69; abolished,
97.

of Revenue, first established,
43 ; in Bengal, Madras, Assam,
and United Provinces, 134.

9

Bombay, acquisition of, 18 ; first

coinage of money, 19; munici-
pality and mayor's court, 31, 32 ;
subordination to Bengal, 45, 64 ;
recorder's court, 71; legislative
power first granted, 72 ; supreme
court, 80; code of regulations,
84, 329 ; legislative power with-
drawn, 84; marine force, 98 ;
legislative power restored, 102 ;
high court, 103, 237-251 ; com-
mander-in-chief abolished, 108,
130; constitution of government,
114, 187–190 ; legislative council,
118, 213-223; staff corps, 130 ;
subordinate civil courts, 137 ;
salary of governor, councillors,
judges, &c., 225, 272 ; advocate-
general, 251 ; ecclesiastical estab-
lishment, 252-254.

Regulations, 72, 84, 121, 329.
Booty, charter regarding, 34-36.
Borrowing powers of Secretary of

State, 163, 164.
Boundaries, power of governor-

general to alter, 194, 195.
British India, definition of, 263, 265.

subjects, may not lend to Na-
tive States, 71, 256, 257 ; defini-
tion of, 205, 235, 373, 381 ; classes
of, 348, 349; British jurisdiction
over, in Native States, 379-393.
See also Christians and European

British subject.
Bryce, J., referred to or quoted, 10,

323
Buddhist law, 332-335.
Burgesses at Madras, 22, 23.
Burke, Edmund, 60, 71.
Burma, chief commissionership, 93 ;

legislative council, 118; lieute-
nant-governorship, 93, 114 ; legis-
lative council, 119; subordinate
civil courts, 137 ; constitution of
government, 191-196; constitu-
tion of legislature, 213-218 ; busi-
ness at legislative meetings, 218-
223.

of Government of India during
cold season,

114; presidency
magistrate, 138.
Cantonments, British jurisdiction in,

394
Capitulations, 353-361.
Caste, reservation as to, in criminal

law, 57, 325, 326.
Casting vote, of governor-general,

45, 182 ; of Secretary of State,
149 ; of governors of Madras and

Bombay, 190.
Central Provinces, chief commis-

sionership, 93, 114, 115; subor-
dinate civil courts, 137 ; constitu-

tion of government, 191, 194.
Cession of territory, 35, 36, 145, 196,

207.
Chaplains, first appointment of, 28 ;

from Scotch Church, 254.
Charles I licenses Courten's Asso-

ciation, 15.
Charles II's relations with the

Company, 16-20.
Charter, first granted to Company

by Elizabeth, 4-10; made per-
petual by James I, 14; rival com-
panies, 15, 24-30; of Cromwell,
15, 16; of Charles II, 16-20 ;
English Company, 28; United
Company, 30; judicial, 32 ; re-
garding booty, 34, 36 ; regarding
cession of territory, 36; of supreme
court, 46-48 ; parliamentary re-
newals, 69-91 ; of high courts,

103, 104.
Chesney, Sir George, quoted or re-

ferred to, 33, 102, 109, 114, 268.
Chief commissionerships, establish-
ment of, 93; appointments to, 115.

court for Punjab, 266.
Child, Sir Josiah, 16, 24, 25.
China trade, preserved to Company,

75, 77 ; finally withdrawn, 81.
Choultry = justice room, in early

Madras, 17.
Christians, jurisdiction of high court

C.

outside British India, 246, 247 ;
grants may be made to any sect,

254.
Church of England, legislation
affecting, 252-254.

of Scotland, chaplains of, 254.
Civil procedure, code of, 87, 137, 332.

service, constitution of, 123-
125, 234-237 ; appointments re-

served to, 272, 273.
Clerk of the peace at Madras, 22.
Clive, Lord, 34, 37, 42.
Clode's Military Forces of the Crown,

60, 69, 72, 270.

Cadetships, reserved for sons of

Indian officers, 155.
Calcutta, municipality and mayor's

court, 32 ; introduction of English
law into, 32, 33, 323; treasury
transferred to, 43 ; jurisdiction of
supreme court, 46, 53, 55, 56 ; trial
by jury, 48 ; college at, 76 ; bishop
of, 78, 131, 252-254; high court,
103, 126, 137, 237 ; head quarters

:

Codification, 86, 339-341,

ferred to Crown, 94-98 ; formal
Coinage, first authority by charter, dissolution, 106.

19, 21 ; restriction on local legis- Conditional appointments, 132, 229.
lature, 120, 219.

Consecration of bishop in India, 253.
Collector = district officer, 43, 44, 135. Consular jurisdiction, 353–361.
Colleges at Calcutta and Madras, 76.

Contract Act, 334.
See also Hailey bury.

Contracts by Secretary of State, 98,
Colour, no disqualification for office, 108, 167-175.
88, 234:

Control, Board of, first established
Commander-in-chief, extraordinary 62,63; remodelled, 69; abolished,
member

of governor-general's 97.
council, 64, 180; abolished in Coorg, administration, 115; native
Madras and Bombay, 108.

Christians, 332.
Commercial business closed, 82. Copyright, restriction on local legis-
Commissioners of divisions, 136.

latures as to, 120, 219.
for Affairs of India. See Board Cornwallis, Lord, governor-general
of Control.

and commander-in-chief, 67, 268.
Commissions, judicial, under early Council (executive) of Governor and
charters, 14.

Governor-General of Bengal, 42,
military, power of governor- 44, 45, 55, 64.
general to grant, 267-271.

(executive) of Governor of
Committee of secrecy to be ap- Bombay, 42, 64,83; constitution,
pointed by directors, 63.

114, 189, 190.
Committees directors, of original (executive) of Governor of

Company, 4, 6, 18, 26; of Indian Madras, 42, 64, 83; constitution,
council, 110, 150.

114, 189, 190.
Common law applied to presidency (executive) of Governor-Gen-
towns, 323

eral, of India, first constituted,
Commonwealth, relations of Com- 84; remodelled, 102; executive
pany with, 15, 16.

legislation, 105, 118, 211; aug-
Company, incorporated by Eliza- mented, 106, 108; constitution,

beth, 3-10; renewal of charter 112-114, 176-187.
by James I, 13; power to exercise Council of Secretary of State, first
martial law, 14 ; competition with constituted, 95; tenure of office,
Dutch, 15; Courten's rival As- 104, 105, 106; reduction of mem-
sociation, 15; Cromwell's rela- bers, 107; constitution and duties,
tions with, 15, 16; charters of 109, 110, 146-153; majority of
Charles II, 16-20; grant of Bom- votes required for grant of revenue,
bay, 18; territorial sovereignty, 160; majority of votes required
18, 24, 37 ; grant of admiralty for issue of securities, 163 ; ma-
jurisdiction, 19, 20; rivalry of jority of votes required for dis-
New Company, 24-30 ; incor- posing of property and making
poration of English Company, 28 ; contracts, 167.
union of Old and New Companies -(legislative) of governor-general,
as United Company, 29, 30; ex- first constituted, 91 ; remodelled,
tension of monopoly, 30, 31 ; judi- 99, 100; powers extended, 101,
cial charters, 32; Mutiny Act 102, 104, 105; augmented by
and Articles of War, 33, 34 ; nominated representatives, 107 ;
charters regarding booty and constitution, 115-118, 197-213.
cession of territory, 34-36 ; grant (legislative) of Bengal, first
of the diwani, 37 ; recognition of authorized, 103 ; augmented by
territorial acquisitions, 39; Regu- nominated representatives, 107 ;
lating Act, 41-50; Fox's India constitution, 118, 119, 213-223.
Bill, 61; Pitt's India Act, 62-66 ; (legislative) of Bombay, first
creation of Board of Control, 62, constituted, 102, 106; augmented
63; parliamentary renewals of by nominated representatives,
charter, 69-91; sovereignty of 107; constitution, 118, 119, 213-
Crown asserted, 77 ; territorial 223
possessions in trust for Crown, 81 ; (legislative) of Burma, first con-
monopoly of China and tea trade stituted, 118; constitution, 213-
abolished, 81; government trans- 223

Dd

ILBERT

Council (legislative) of Madras, first

constituted, 102, 106; representa-
tive nominees, 107; constitution,
118-121, 213-223.

(legislative) of North-Western
Provinces, first authorized, 103 ;
representative nominees, 107 ;
constitution and powers, 118-121,
213-223.

(legislative) of the Punjab, first
authorized, 103 ; constitution,

213-223.
Court. See Directors and Pro-

prietors.
Courten's Association, 15.
Courts of request at presidency

towns, 43
Covenanted = imperial, civil service,

123
Cowell's Tagore Lectures quoted, 59,

248.
Creed no disqualification for office,

88, 234.
Criminal law, Mahomedan, 37, 44,

324 ; under Regulations, 325 ;
penal code, 325.

Procedure, Code of, 87, 137,
332, 385.
Cromwell, relations of Company

with, 15, 16.
Crown, government of India trans-

ferred to, 94, 95. See also Queen.
Customary law, 329, 330, 338.

63, 82 ; power of appointing and
removing governor-general, 64,
76; patronage, 66, 79, 82; dispute
with Board of Control, 68 ; dis-
patch from Court, explaining Act
of 1833, 89; number reduced
from twenty-four to eighteen, of
which six appointed by Crown,
90; patronage taken away, 92; to
elect seven members of first coun-

cil of Secretary of State, 95.
Discussion of financial statement,

117, 208, 209.
Dispatches from India to be ad-

dressed to Secretary of State, 152.
District, unit of administration,

135, 136; restriction on transfer

of, 195.

councils, 136.
judge, 138.

magistrate, 138.
Divisions, of high court, 128 ; of

provinces, 135:
Diwani, grant of, 37 ; meaning of,
43 n.

Adalat, Company's court, es-
tablished by Warren Hastings,
44; Impey judge of, 55; merged

in high court, 103, 126.
Double government of Company

and Crown, 66, 94.
Dual government of Bengal, 37.
Dundas (Lord Melville), 61, 69, 73.

D.

E.
Death sentences must be confirmed Easements Act, 336.
by high court, 138.

East India Company, first so styled
Debt, public, restriction on legis- in 1833, 82 ; formally dissolved,
lature, 120, 208, 219,

106. See also Company.
Deed, resignation of governor- Eastern Bengal, union with Assam,
general to be by, 226.

191.
Deeds to be executed by three mem- Ecclesiastical establishment, 78, 89,

bers of council of Secretary of 131, 252-254.
State, 167.

jurisdiction of supreme court,
Definitions in digest, 263-266.

46.
Departments, of India Office, 110; Education and learning, provision

of Government of India, 112, 113. for, by Act of Parliament, 78.
Deputy commissioner, district offi- Elizabeth, Queen, charter of, 4-10.

cer in non-regulation province, Elphinstone, author of Bombay
135.

Regulations, 84, 329.
Digest of statutory enactments Emperor of India, title of King,
relating to India, 144-322.

145.
Dioceses, King may vary limits of, Empress of India, Act authorizing

252.
Directors of Company, riginally | English courts, jurisdiction over

styled committees, 6, 18, 26 ; first offences in India, 50, 65, 129, 255-
styled directors, 28 ; qualification, 262.
42; four years' term, 44; required law, to be administered by
to submit papers to Secretary of supreme court, 53 ; applied to
State, 46; committee of secrecy,

natives of India, 323-341.

title, 107

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