[PDF]The law relating to India and the East-India Company;

Robert E. Gross
Colleflion

A Memorial to the Founder
of the

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THE L AW


BELATING TO


INDIA,


AND


THE EAST-INDIA COMPANY:


WITH


NOTES AND AN APPENDIX.


FIFTH EDITION.


LONDON:
Wm. H. ALLEN & CO. LEADENHALL STREET.

1855.


PREFACE.


The present improved edition of a work, whicli may almost be regarded as
the standard one on the subject to which it is devoted, needs little prefatory
remark. On the first appearance of the volume, many years since, it secured
the approbation of the legal profession in this country ; and it has constantly
been consulted by its most eminent members in all branches, whenever
information was sought on the peculiar portion of the law to which it
relates. Every successive edition has been subjected to a rigorous system of
revision ; and that now presented may fairly lay claim to the character of a
new work. The great changes which, within the last few years, have been
made in the law have contributed to this in some degree ; but much more
has been effected by the introduction of an increased number of notes,
historical, explanatory, and illustrative. By these the laws passed at
different times, under different influences, and with different views, are
connected with each other in a manner which throws no inconsiderable
light on the history of the Government of India at home and abroad. The
reader has thus before him not a mere lifeless string of Acts, or parts of
Acts, but such an exhibition of the state of the Law as falls little short
of an historical digest.

It will probably be observed that some parts of the law, as that relating
to the Customs Duties, received into former editions, have been omitted
from this. The exclusion took place on the suggestion of very high autho-
rity, it being considered that the matter in question increased the bulk of
the volume without adding proportionately to its utility or value. This, it
is believed, will be the opinion of most persons who have occasion to
consult the work, which now corresponds more faithfully than heretofore
with its title, " The Law relating to India and the East-India Company : "
the Editor therefore submits the above explanation Tvith confidence.

All that is necessary to be added is, that the collection is brought down
to the close of the last session of Parliament — the first session of 1854.


THE LAW


RELATING TO


INDIA


EAST-INDIA COMPANY,


CHARTERS FROM THE CROWN.


The first Charter for erecting an East-India Company was granted
by Queen Elizabeth and dated the 31st December, 1600. The Cor-
poration thus created was denominated " The Governor and Company
" of Merchants trading into the East-Indies," and the powers and
privileges granted to it were limited to Fifteen years from the
previous Christmas-day; but by further Charter or Letters Patent
granted to the Company by James the First, under date the 31st May,
1609, the powers and privileges therein contained, whether renewed
or then first granted, were to be for ever. Other Charters or Letters
Patent were subsequently granted, viz. by Charles the Second,
dated the 3rd April, 1661, by Avhich the rights and privileges of the
Company were ratified, confirmed, and extended, subject to revocation
of the grant on Three years' notice : by Charles the Second also,
27th March, 1669, granting to the said Governor and Company the
Port and Island of Bombay, ceded to the British Crown by the King
of Portugal, under treaty 23rd June, 1661: again by Charles the
Second, on the 16th December, 1674, making a like grant of the
Island of St. Helena, previously settled by the Company, but taken
from them by the Dutch, and afterwards retaken by a royal force
under Captain Mundane : by the same Sovereign, 5th October, 1677,
confirming to the Company the powers before granted ; and also by


Charles the Second, 9th August, 1683, giving, among other powers,
the important one of estabhshing Courts of Judicature for the repres-
sion of oftonces : by James the Second, 12th April, 1686 : by William
and Mary, 7th October, 1693, again confirming the rights and privileges
of the Company, subject to its acceptance of such orders, directions,
additions, alterations, restrictions, and qualifications, as the King in
Council should think fit to make or appoint at any time before the
29th September, 1694 ; under which proviso Supplementary Charters
or Letters Patent were issued at two different dates, viz. the 11th
November, 1693, and the 28th September, 1694. By alike instrument
from William the Third, dated the 13th April, 1698, regulations for
the distribution of votes and for other purposes were made.

On the 5th September, 1698, William the Third incorporated a
second East-India Company, under the name of the " English
" Company trading to the East-Indies." To this Company the com-
merce with India was exclusively committed, with the exception that
" the Governor and Company of Merchants trading to the East-
" Indies" (the old Company), were to be permitted to carry on their
trade until the 29th September, 1701. On the 22nd July, 1702, an
Indenture Tripartite was made between Queen Anne of the first part ;
the old Company of the second part ; and the new Company of the
third part. The object of this was the union of the two Companies at
the end of seven years. Several of the covenants are of temporary
interest, and the greater part of them relate to trade. By one of
them permission was given to the old Company to convey Bombay
and Saint Helena to the new Company. By other articles the old
Company covenanted to surrender their Charters in two months after
the expiration of the said seven years into the Queen's hand, and the
Queen engaged to accept of such surrender ; and from thenceforth the
new Company was to be called The United Company of Merchants of
England trading to the East-Indies, whose affairs were to be con-
ducted by their own sole Directors, agreeably to the Charter of the
tenth of King William the Third. And lastly, the Queen declared that
this Indenture should be construed in the most favourable sense for
the advantage of both Comj)anies.

By Indenture Quinquepartite, dated 22nd July, 1702, made be-
tween various parties, the old Company conveyed to the new Company
all their forts, settlements, and dead stock of every description.


By an Act 6 Anne, cap. 17, all matters of difference between the
two Companies were referred to the Earl of Godolphin, who was to
settle the terms and conditions of union, and whose award was to be
binding. That award was made on the 29th September, 1708, and in
compliance with it the old Company, on the 27th October following,
by Indenture enrolled in Chancery, assigned to the Queen the debts
due to the Company ; which debts the Queen, on the 22nd April, 1709,
granted to the new Company.

And by Deed Poll enrolled in Chancery, dated 22nd March, 1709,
the old Company, in pursuance of Lord Godolphin's award, and for the
entire extinguishment of their corporate capacity, having granted,
surrendered, yielded, and given up to the Queen, her heirs and succes-
sors, their corporate capacity or body politic, of Governor and
Company of Merchants of London trading into the East-Indies, and
all their charters, capacities, powers, and rights, for acting as or con-
tinuing to be a body politic or corporate, by virtue of any Acts of
Parliament, Letters Patent, or Charters whatever; the Queen by
Letters Patent, dated the 7th May in the same year, accepted the
surrender ; and thus, the right of trading to the eastward of the Cape
of Good Hope, together with the government of the Forts and
Settlements possessed by the English in India, became vested in
the " United Company of Merchants of England trading to the East-
" Indies."

Thus the Charter granted by William the Third to the new
Company, became the foundation of the United Company. This
Charter, after reciting an Act lately made and passed in Parliament,
entitled " An Act for raising a Sum not exceeding Two Millions, upon
" a Fund for Payment of Annuities, after the Rate of Eight Pounds
" per Centum per Annum, and for settling a Trade to the East-Indies ;"
and reciting also the appointment of a Commission for receiving the
subscriptions, the transmission into the Exchequer of the duplicates
of the subscriptions for two millions (see 9 & 10 Wm. 3, cap. 44,
sec. 62, and the note on 3 & 4 Wm. 4, cap. 85, sec. 11), the incorporation
of the " General Society," on the third of the instant month, and the
desire of the Subscribers to be united in a Joint Stock, proceeds to
endow the Company with various privileges, and to make various
provisions for its regulation. From the following selection of parts
of this Charter everything of temporary application, or which has

B 2


been annulled by later authority, is excluded, except so far as it was
inseparable from matter necessary to be retained, or requisite for its
explanation ; and in such cases the obsolete matter is distinguished
by being printed in italics.

The Subscribers in- Now know ye, That in pursuance of the powers and clauses for this purpose contained in
corporated. ^j^^ ^^^^ p^^^ ^^ Parliament, and of our gracious promise and declaration made in and liy our

said commission or letters patent, whereby the subscriptions and contributions on the said
Act have been promotetl and encouraged : and by virtue of our prerogative royal, and
likewise of our especial grace, certain knowledge and mere motion, we have given, granted,
made, ordained, constituted, declared, appointed, and established, and by these presents for
us, our heirs and successors, do give, grant, make, ordain, constitute, declare, appoint, and
establish. That the said Subscribers herein last before particularly named, and every of
them, and all and every person and persons, bodies politic and corporate, who, as executors,
administrators, successors, or assigns, or by any other lawful title derived, or to be derived
from, by, or under the same Subscribers, shall have and be entitled to any part, share, or
interest, of or in the said yearly fund, by the said Act settled as aforesaid, or of or in the
proportionable annuities or vearly payments, issuing out of the said yearly fund, so long as
they respectively shall have any such part, share, or interest therein, to be one body politic
and corporate, by the name of the English Company trading to the East-Indies, and them
by the name of the English Company trading to the East-Indies, one body politic and
corporate, in deed and in name, really and fully for ever, for us, our heirs and successors : we
do make, declare, and establish by these presents, and by the same name tliey and their
To have perpetual successors shall have perpetual succession, and shall and may have and use a common seal,
succession and acorn- f^^ ^j^^ ^j^.^ of business and affairs of the said Company and their successors, with power to
break, alter, and make new their seal from time to time, as to them shall seem expedient ;
and by the same name they and their successors from time to time, and at all times for ever
hereafter, shall be able and shall be a body politic and corporate, capable in law to have, take.
And may purchase purchase, receive, hold, keep, possess, eniov, and retain, to and to the use of tiiem and their

lands, &c. , goods, and 11 ti • • -i /• 1 •

chattels. successors, any manors, messuages, lands, rents, tenements, liberties, privileges, iranchises,

hereditaments, and possessions whatsoever, and of what kind, nature, or quality soever; and

moreover to purchase and acquire all goods and chattels whatsoever, wherein they are not

restrained by the said Act : and also to sell, grant, demise, alien, or dispose of the said manors,

messuages, lands, rents, tenements, privileges, franchises, hereditaments, possessions, goods,

and chattels, or any of them ; and by the same name they and their successors shall and may

Power to sue and be sue and implead, and be sued and impleaded, answer and defend, and be answered and
sued ,

defended in Courts of Record, or any other place whatsoever, and before whatsoever judges,

justices, officers, and ministers, of us, our heirs and successors, and in all and singular pleas,

actions, suits, causes, and demands whatsoever, of what kind, nature, or sort soever, and in

as large, ample, and beneficial manner anrl form, as any other body politic and corporate, or

any other liege people of England, or other our dominions, being persons able and capable in

law, may or can have, take, purchase, receive, hold, keep, ])ossess, enjoy, sell, grant, demise,

alien, dispose, sue, implead, defend, or answer, or be sued, impleaded, defended, or answered

in any manner of wise; and shall and may do and execute all and singular other matters and

things by the name aforesaid, that to them shall or may appertain to do by virtue of the

Subjects of redemp- g^id Act or otherwise, subject nevertheless to the proviso and condition of redemption in the

tion of all restrictions . . ' ....

in the Act 9 I'ic 10 Will, said Act mentioned (I), and to all and every other restrictions, limitations, clauses, pro-


visas, and conditions, in the said Act contained, and to sucli other restrictions, covenants, 3, cap. u, and this
agreements, matters and tilings, as are hereafter in these presents expressed.

(1) [See note on sec. 74, of 9 & 10 Wm. 3, cap. 44]

The trade of the Company having been suspended, by Act 3 & 4
Wm. 4, cap. 85, the limits of the Charter in that respect are for the
present unimportant ; but reference being frequently made to them
for other purposes, it has been thought expedient to insert that part
of the Charter in which they are defined.

And our will and pleasure is, and we hereby for us, our heirs and successors, grant, direct, May tor ever here-
and appoint that the said English Company trading to the East-Indies, and their successors, ^ "' ^^^ y fa e
shall and may for ever hereafter, hy themselves, or by such factors, agents, or servants, as they
severally shall think fit to intrust, freely traffic and use the trade of merchandize in such
places, and hy such ways and passages as are already frequented, found out, or discovered,
or which shall be hereafter found out or discovered, as they severally shall esteem and take
to be the fittest and best for them, unto and from the East-Indies, into the countries and to and from the East-
parts of Asia and Africa, and unto and from the islands, ports, havens, cities, creeks, towns, '"''"'*•
and places of Asia, Africa, and America, or any of them beyond the Cape of Bona Esperanza
to the Straits of Magellan, where any trade or traffic of merchandize is or may be used or
had, and to and from every of them.

After various provisions, temporary and commercial, the following
occurs :

And that the Directors of the said English Company trading to the East-Indies, and An account to be
their successors for the time being, do and shall give in and deliver unto us, our heirs and ''^''^red yearly m the
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