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The thirty-third section recites the thirteenth resolution, and the expediency of making provision for granting permission to persons desirous of going to and remaining in India, for the purposes mentioned in the resolution (missionaries) ‘and for other lawful purposes' (traders), and then enables the Court of Directors or, on their refusal, the Board of Control, to grant licences and certificates entitling the applicants to proceed to any of the principal settlements of the Company, and to remain in India as long as they conduct themselves properly, but subject to such restrictions as may for the time being be judged necessary. Unlicensed persons are to be liable to the penalties imposed by earlier Acts on interlopers, and to punishment on summary conviction in India. British subjects allowed to reside more than ten miles from a presidency town are to procure and register certificates from a direct court.
A group of sections relates to the provision for religion, learning, and education, and the training of the Company's civil and military servants. There is to be a Bishop of Calcutta, with three archdeacons under him. The colleges at Calcutta and elsewhere are placed under the regulations of the Board of Control. One lac of rupees in each year is to be * set apart and applied to the revival and improvement of literature and the encouragement of the learned native of India, and for the introduction and promotion of a knowledge of the sciences among the inhabitants of the British territories in India. The college at Haileybury and the military seminary at Addiscombe 1 are to be maintained, and no person is to be appointed writer unless he has resided four terms at Haileybury, and produces a certificate that he has conformed to the regulations of the college.
Then come provisions for the application of the revenues ?, for keeping the commercial and territorial accounts distinct,
· The names of these places are not mentioned.
? An interesting discussion of these provisions is to be found in the correspondence of 1833 between Mr. Charles Grant and the Court of Directors. According to Mr. Grant the principle established by the Acts of 1793 and 1813 was that the profit accruing from the Company's commerce should, and for increasing and further defining the powers of superintendence and direction exercised by the Board of Control.
The patronage of the Company is preserved, subject to the approval of the Crown in the case of the higher offices, and of the Board of Control in certain other cases.
The number of king's troops to be paid for out of the Company's revenues is not to exceed 20,000, except in case of special requisition. In order to remove doubts it is expressly declared that the Government in India may make laws, regulations, and articles of war for their native troops, and provide for the holding of courts-martial.
The local Governments are also empowered to impose taxes on persons subject to the jurisdiction of the supreme court, and to punish for non-payment.
Justices of the peace are to have jurisdiction in cases of assault or trespass committed by British subjects on natives of India, and also in cases of small debts due to natives from British subjects. Special provision is made for the exercise of jurisdiction in criminal cases over British subjects residing more than ten miles from a presidency town; and British subjects residing or trading, or occupying immovable property, more than ten miles from a presidency town are to be subject to the jurisdiction of the local civil courts.
And, finally, special penalties are enacted for theft, forgery, perjury, and coinage offences, the existing provisions of the common or statute law being apparently considered insufficient for dealing adequately with these offences.
The imperial legislation for India during the interval between Legisla1813 and 1833 does not present many features of importance. between
An Act of 1814 removed doubts as to the powers of the 1813 and Indian Government to levy duties of customs and other taxes.
in the first instance, be employed in securing the regular payment of dividends to the proprietors of stock, and should then be applied for the benefit of the territory. The last-mentioned applications to be suspended only so long as the burden of debt on the territory continued below a certain specified amount.
" 54 Geo. III, c. 105.
An Act of 1815 ? gave power to extend the limits of the presidency towns, and amended some of the minor provisions of the Act of 1813.
An Act of 1818 2 removed doubts as to the validity of certain Indian marriages, a subject which has always presented much difficulty, but which has now been dealt with by Indian legislation 3.
An Act of 1820 4 enabled the East India Company to raise and maintain a corps of volunteer infantry.
An Act of 18236 charged the revenues of India with the payment of additional sums for the pay and pensions of troops serving in India, and regulated the pensions of Indian bishops and archdeacons, and the salaries and pensions of the judges of the supreme courts.
The same Act authorized the grant of a charter for a supreme court of Bombay in substitution for the recorder's court.
The prohibition on settling in India without a licence was still retained. But restrictions on Indian trade were gradually removed, and a consolidating Act of 1823 expressly declared that trade might be carried on in British vessels with all places within the limits of the Company's charter except China.
Another Act of 18237 consolidated and amended the laws for punishing mutiny and desertion of officers and soldiers in the Company's service.
An Act of 18248 transferred the island of Singapore to the East India Company.
Acts of 18259 and 1826 10 further regulated the salaries of Indian judges and bishops, and regulated the appointment of juries in the presidency towns.
55 Geo. III, c. 84.
58 Geo. III, c. 84. 3 See Acts III & XV of 1872.
i Geo. IV, c. 99.
4 Geo. IV, c. 80.
5 Geo. IV, c. 108. Singapore was placed under the Colonial Office by the Straits Settlements Act, 1866 (29 & 30 Vict. c. 115, 8. I). 9 6 Geo. IV, c. 85.
7 Geo. IV, c. 37.
An Act of 1828 1 declared the real estates of British subjects dying within the jurisdiction of the supreme courts at the presidency towns to be liable for payment of their debts. Other Acts of the same year applied the East India Mutiny Act to the force known as the Bombay Marine ?, and extended to the East Indies sundry amendments of the English criminal
And an Act of 1832 4 authorized the appointment of persons other than covenanted civilians to be justices of the peace in India, and repealed the provisions requiring jurors to be Christians. When the time came round again for renewing the Com- Charter
Act of pany's charter, Lord William Bentinck’s peaceful régime had
1833. lasted for five years in India ; the Reform Act had just been carried in England, and Whig principles were in the ascendant. Bentham's views on legislation and codification were exercising much influence on the minds of law reformers. Macaulay was in Parliament, and was secretary to the Board of Control, and James Mill, Bentham's disciple, was the examiner of India correspondence at the India House. The Charter Act of 18335, like that of 1813, was preceded by careful inquiries into the administration of India. It introduced important changes into the constitution of the East India Company and the system of Indian administration,
The territorial possessions of the Company were allowed to remain under their government for another term of twenty years ; but were to be held by the Company ‘in trust for His Majesty, his heirs and successors, for the service of the Government of India.'
The Company's monopoly. of the China trade, and of the tea trade, was finally taken away.
19 Geo. IV, c. 33.
? 9 Geo. IV, c. 72. 9 Geo. IV, c. 74.
2 & 3 Will. IV, c. 117. 3 & 4 Will. IV, c. 85. The Act received the Royal Assent on August 28, 1833, but did not come into operation, except as to appointments and the like, until April 22, 1834 (s. 117).
The Company were required to close their commercial business and to wind up their affairs with all convenient speed. Their territorial and other debts were charged on the revenues of India, and they were to receive out of those revenues an annual dividend at the rate of £10 108. per cent. on the whole amount of their capital stock (i. e. £630,000 a year), but this dividend was to be subject to redemption by Parliament on payment of £200 sterling for every £100 stock, and for the purpose of this redemption a sum of two million pounds was to be paid by the Company to the National Debt Commissioners and accumulated with compound interest until it reached the sum of twelve millions 1.
The Company, while deprived of their commercial functions, retained their administrative and political powers, under the system of double government instituted by previous Acts, and, in particular, continued to exercise their rights of patronage over Indian appointments. The constitution of the Board of Control was modified, but as the powers of the Board were executed by its president the modifications had no practical effect. The Act re-enacted provisions of former Acts as to the 'secret committee of the Court of Directors, and the dispatches to be sent through that committee, and it simplified the formal title of the Company by authorizing it to be called the East India Company.
No very material alteration was made in the system on which the executive government was to be carried on in India.
The superintendence, direction, and control of the whole civil and military government were expressly vested in a governor-general and councillors, who were to be styled 'the Governor-General of India in Council ?' This council was increased by the addition of a fourth ordinary member,
As to the financial arrangements made under these provisions, see the evidence of Mr. Melvill before the Lords Committee of 1852.
2 It will be remembered that the Governor-General had been previously the Governor-General of Bengal in Council.