Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924096785229 CORNELL UNIVERSITY LIBRARY 924 096 785 229 In compliance with current copyright law, Cornell University Library produced this replacement volume on paper that meets the ANSI Standard Z39.48-1992 to replace the irreparably deteriorated original. 2003 Qlnrnell UnioErHtty Slibratg 3tiiaca. Nm ^ork FROM THE BENNO LOEWY LIBRARY COLLECTED BY BENNO LOEWY 1654-1919 ! BEQUEATHED TO CORNELL UNIVERSITY INDIA IN 1858; A SUMMAEY OF IHE EXISTING ADMINISTilATION, POLITICAL, FISCAL, AND JUDICIAL, OF BRITISH INDIA; lOOETmill WITH TIIE LAWS AND PUBLIC DOCUMENTS RELATING THERETO, FKOM THE EARLIEST TO THE PKESENT TIME. BY AETHUE MILLS.^M.P. " Uml das U.iml tier Staaten ward gelinbeii, Uml die alten Formcn stiirztcn ein ! " Schiller. WITH xi REVENUE MAP. ,^(toui) (Isbitioii. LONDON : JOHN IMUBRAY, ALBEMARLE S T G E E T. 18D8. UjNnOJf ; FEINTED IJY WOODl'ALL AND KINDEP, ANGEL COURT. SKINNER FTEKET. ■*■ l< Ciuliul s. ^A»i^lt«v1^ft)lC^_ 1 1 '''■■■i'^75NAr<:^Y^'jirTYPw^^ .^r>. W.v^„„,,.,. jvy HrvrnMUs yltlc/iuled in tfif '"^ j REVENUE MAP I i K.xliiliilimj IJir Colli'i'loralrs iitid Treiisiin'es >rifJi ii Sf/iU\rlu'iil Tahle ol Ihf I.iiml Kcvi^nue rvri'ii'i'r/ 111 ftir/i Disltifl acrordi/K) In llif hite.il diiyeriitriffil rftiitnx f'/ir ('.• 'J'/if thmuti Aifi'tii'i I's t/tus Note; 7'th Hrifnius ntWitijimr* . Otutf ,iiiit thf t^nnincts bfyotu/ tht lUiMgcs tin iiirtiiilfd ill till- Bffitfitt Ai'f I'll fits , / ri% .,- ffi">"""P'C O- ■ .v/vr,....' ". I ."^'inirii \ ■ I an ^1,1, ,j \' i'* ^ rio yi^-- •■ II',,,,,,,..:? M .1 h 1, ,,, •■ > c Ttir) ItrvK'iilirs of V /^ -. «J •"•'•l/i'or /are i ,1*' ''■/"'-^^-'^V tt' Ill/Ill /Icfojl/i/j ■■ Bil'J' ■.,'"*' pt ... II •M..i,,i,s ..I i,,»-^vr' 'i.). I'urnon )(i. Rnjeshahve . . ■ 17. Uunnpore . • • III. Ditto N.K. . . li). Sylhot Sli. TIpperah .... 21. 24 Pergunnnhs . . 22. necrboom Deputy 23. Uulloonh ditto 24. Calcutta ditto 25. Kurrecdpore . . . 2(i. Maldnh 27. I'ubnah .... 211. Mnunbhoom . . 2!). Darjcelins . . . £ 1(19,090 21,7.1« 39.7l«i 31fl,910 43,3(l(i 79,(l.'i4 0,770 47.705 170,248 121,909 Il8,.'i31 129,407 02,999 120,224 100,473 10.1,420 111,.'»5 1,(1UU 43,23 Puttaspore . ■f 1M,44C .lu.riiio 29,793 119,170 101,0L'9 140,4.'i7 iu.'.,nii 70,391 6,760 2,24ri ■ 9,970 4,91(i £9411,901) 37,095 02,400 43,940 37,7«0 142,295 1,294 0,702 NORTH-WESTERN PROVINCES. PnovmcKs undkr tub [ SUIMIBMK GoVKRN- AlKNT. 40. Assam 49. Arraean .... 00. Caelmr 01. n'enttsserim Provs. 02. PcRU i.V Martnban ( I'rovinces . . 1 ■W. Coorc Territory . .14. NnRiiorc ditto . . 53. Ouile ditto . . Eastern Settlcmts. ;f351,040 70,5.W 71,210 7.300 23,9*5 102,211 17,100 42^',0II1 211,0:10 9.'>,31(l 81.110,161 .■£2,801,270 Uesumetl Lands in V Uennal, Itchar, [• 10,702 and Orissa . ) Dki.im. 1. llbuttee . 2. Delhi . . 3. (Joori^Qon . 4. lli»sar . . 0. Pnneepiit . 0. llhutncit . MKKntiT. 7. Allysliui . . . 9. lloolunmhuhur 9. libera llhuon . UK Mcorut . . . 11. MoxulHimuRRiir 12. Sebarunpore . . AliRA. 13. Aura . . . 14. lotawati . . ■ 10. I'urruci^abad 10. Muttro. . . 17. Mynpocrcc . £ 15,920 40,007 10fl,(iO!) 40,7(W 01,709 IkI,119 ,i'3.'>9,101 197,000 llKi,0.17 4,390 l(i9,227 111,071 100,030 i'097,192 Al.LAHAHAD. 23. Allnbalmd . 24. llanila . . 20. Cawnnore . 20. Futtchpore 27. llumeerporc Bknarkb. 20. AzimRbtir . 29. llcnarcs . . 30. (ihiueepuro 31. Gorui'kpnre 32. .lannpore . 33. Mir/a|iore . SAUnou. 34. lloslnniRalmd 30. Nursjtijjpnrc . ;iii. .lulilmljiori' 37. SiuiRor . . . £ 2I2,.142 l,'i9.311 213,320 142,407 113,904 ,(.■041, .'i40 100,2.17 90,404 149,1100 212,417 I-.'.'., 370 03,1I.W ,£912,194 ^10,1110 311,0117 52,:i97 1 71,437 Toml ;4,()72,Ctl.'S Uouri.KUND. 10. llnreilly . . 19. nijnoilr . . 20. l)iid:toa . . 21. Moradsbnd . 22. Shajclianporc 100,003 120,099 1,')0,434 107,017 120,910 .£717.029 1-7,711 119,I.MI 112,441 l;iO,.'i.'i7 KKI.OOl .■[■().'iO,000 ■I'otal . ,t'4,209,903 OTHHIl DrSTRICTS. .'10. Alnierc . . 39. Jliansl . . 40. .ialoun . . 41. Kuinaon 42. Niniar . . ^4:1. Amballah . 44. Fcrnzepore 40, Lfindinnidl . I 40. .SImliih . . 47. Thnnesur , 49. lIoshvai>orc 49 .lulluiidur . \ 09. Klmnpra , Totol 30.7211 3,3117 44,: 41,: 41 124 nil, 07 PUNJAUB. Lauoiik, 1. .\mritslr . . 2. Goojoranwalla 3. ftoordasporo . 4. Lahore . . . 0. Scalkote . . 90.230 01,028 90,091 33,099 77.107 £300.285 Jhklum. (I. Jhelum . . . 7. llawulpindee It. .shahpore . . 9. Onjorot. . . 70,992 71.230 20,991 03,091 ,t'224,094 Lkia. 10. Dhera GMoekhan . 11. Dhera Ismucl Khan 12. KhanRhur . . . 13. Leia 34,944 44,239 44,107 40,410 £109,747 .17311,400 .£4.999,401 Mooltan. 14. Jhuno . 10. Goojnlra IG. Moultiui Pkbhawuh. 17. Huxara 10. Kohat . . 19. Pesbttwur . SD,370 39,047 07.72B ,£108,745 10,374 9,900 68,412 ,£94,006 Total .,£954.337 MADRAS. 1. (ianjiun . . 2. Vizai;apalani 3. llajalniimldry 4- Masidi))atAm .1. Giintiior . . (i, Nellore . ; . . 7. Madras . ,. . 0. CliinRli'pilt . 9. Arcot, N, Division 10. Ditto, .s, ditto 11. Tailjore . 12. Trichinoiioly 1,3. Madura ' , 14. 'riiuievclly 1;,, Malabar [. 10. Canara . . ... 17. Colmbalci-e . , 111, Salem J. 19, (^uddajiali . 20, Uellary . J . 21, Kuinool . £ 1110.100 120,l.'.9 210,740 111,914 100,012 104,080 0,003 IIO.O.IO 101,009 229.004 440,01111 120,147 109,300 231,007 1112,1127 2011,010 231,. -1.37 HIO.IIKI 211.1140 I9.1,0,'.0 711,4117 BOMBAY. Ilomhay , . . . nntnoReriah . , . 'raunali . . , . Sural Ilroach Knira Ahmednbad , . , Dharwar . . , . nelRnum . . . , I'lionab AbniedniiRRUr . . Sholapoor . , , . Candoish , . . , £ 10,127 77,007 100,049 210,402 2li9,.327 241,322 100,440 190,1110 237,019 119,009 227,390 120.110 210,112 Total . ,£3,0;17,2.'.9 SiNDB District. 14. Kurr.Acbec . . . 10. llydrabad . . . . 10. Shikarpore . . . 17. Thur and Parkur Sattaraii Provinck. 18. Satiara .... £2.301.049 (10,909 103,011 123.267 2,73(1 .£2911,772 203,204 Total . £2,»10, ABSTRACT LAND REVENUES, I Fon THE Vkar knmuno Aimul, Udl*. GROSS REVENUES OF INDIA, Kun TiiK ^'lcAn, kndino .\piul. Lnnd IT.UiiJ.M/i Opium /■i,l!l5,97(» Snll uMi51,4Mi Customs i?,HKi,(»57 Miacui.i.ANKutTB— com- prisiui;: Stomps . , Post onico Sayer Mint Y .1.2M.5(i4 Mnrini' i^; IMlotnue. KloL'trif Telegraph I Receipts . . . . / St'nsiUlKS FllOM Na- 4..i;i7 . 2,(t45,r)'ii> i7,ui!).L':.ii Atljustmem . 71.^1 Totnl Lnnd Rcvemie .i'i7.i(m,ii7i Kotnh Odoyuorc . . M unity . . . .llmlwar . . Hiniswnrra lirmuKerpore .U'vpnre . . -SlTollL'P . . Niziun's Go-\ verument J" Mysiirc . . . Travnneorc . Cnrhin . . . t'uteh . . . Knltywnr . . Ynrlmis Pct-> tv States i .17. 05(1 ii,n7r> 7, .'.on 2,5()tl 37,.'inn J .2(in UMaa 22!MiIt7 74.(i(J(i fltf.Uft'' 7>-iit> 4!(n, j.n,. „.- ,,au rTCTT3r:n: .:r-zr:mr v 7!.'-. HO pirj'iLffiuif, S)0 PREFACE. The anuoiiiicemeut of contemplated changes in the Government of India, has naturally given rise to various suggestions as to the policy to be adopted in the future Administration of that portion of the British Empire. The object of the following pages is not to multiply these suggestions, or to scrutinize the causes of those calamitous events, v.hich liave riveted the interest of all classes of the community in England, on India and its destinies. Valuable as are the speculations of thoughtful and earnest men, on a question so momentous as that which affects the loss, or the maintenance of British authority in India, it is yet too evident that those speculations have in the present case often rested on a basis of actual knowledge of the past and present cii'cumstances of our Eastern Empire, too slender for the superstructure of theories which it has been called upon to bear. If Indian taxation, law, and judicial procedure are to become the battle-field of English Parliamentary A 2 IV PEEFAOE. warfare, it is, at all events, important, that we should know what Indian taxation, law, and judicial proce- dure now are. If the Civil Government and Military defence of India are to be re-organized, it is well that we should know what is the actually-existing system on which India now depends for its Civil Govern- ment and Military defence. Those who have no personal knowledge of Asiatic character and institutions depend necessarily for their guidance in their practical dealings with these mo- mentous questions, on those who possess such know- ledge. There is, nevertheless, a certain stock of facts which is, or ought to be, accessible to all. Buried in the folios in which repose minutes of evi- dence, obtained by Parliamentary Committees, and in those well-known histories of India, and treatises on its government, which are familiar to all students of Indian politics, all, and more than all, that it is necessary to know is, doubtless, to be found. But it is difficult sometimes to extricate this information from the mass of criticisms and controversies in which it is imbedded. To disentangle facts from the opinions in which they are, generally, interwoven, is the purpose of this volume. Simply to present, as faithfully and concisely as possible, the machinery of the Anglo-Indian Government, «.s it notv exists, to- gether with its fiscal and judicial apparatus. The object to be attained being rather accuracy of statement than originality of language, the extracts of public documents, from wliich information is drawn, have been copied verbatim. Of those chapters which PREFACE. V relate to the Home Government and the " Services " in India, the analysis of the evidence, taken before the Pai'Hamentary Committees of 1852 forms, with slight alterations, the chief substance. For such por- tions of the table, appended to the Revenue Map, as are not contained in the territorial accounts, laid before Parliament, as well as for other valuable in- formation, I am indebted to the Statistical Depart- ment of the East India House. The Revenue Map is intended to afford data for a fair comparison of the various systems under which the Land Revenue of India is now collected. In classifying the Revenue Systems, the arrangement [jresented by the Government returns has been in all cases followed. Those Provinces, for instance, which are directly under the admuiistration of the Governor-General in Council, are included in the Bengal accounts -. the only exception being the Cis- Sutlej States, which are, for revenue purposes, classi- fied with the North- West Provinces. It will be ob- served that in the Punjaub, the boundaries of the Collectorates are not marked, the survey for this pur- pose being as yet incomplete. The " Village System" which there exists cannot be said to fall strictly under either of the two great divisions of Indian tenures ; the peculiarities of this system are described in the fifth chapter. In order to form a satisfactory estimate of the re- lative productiveness of the systems under which the Land Revenues of India are now assessed, accurate data as to the comparative fertility of the various VI PREFACE. soils, the localities of c'ulturable and unculturable, irrigated and imirrigated lands, are manifestly essen- tial. In tlie absence of such data, the areas of the Collectorates can only be compared. The titles of laws and public documents, contained in the Seventh Chapter, have been arranged chrono- logically, as the most convenient form for purposes of reference. Such of the documents themselves as are printed in England are readily accessible. The Orders in Council, and the earlier Treaties with the Native Princes of India have not, so far as the Author is aware, been printed in this country. The brief chronological summary of the legislative changes and annexations which have marked the rise and progress of our Eastern Empire, contained in the first chapter, seemed an almost essential introduc- tion to those which follow. The leading events of Anglo-Indian history, and the various systems of policy through which it has passed, are associated, not so much with the success- ive Charters granted to the East India Company, as with the names of those men to whom the local government of that empire has been, from time to time, committed ; from the days when peaceful traders presided over our earliest factories, to be afterwards succeeded by the warriors, Avho expelled the French and crushed the Mahrattas, and the diplomatists who were to absorb, one by one, under British supremacy, nearly all the ancient feudatories of the Mogul Empire. PREFACE, Vll The 10 blowing are the names of those who have held Office as Goveenors-Genehal and Administrators of India, with the Dates of ArpoiNTSiENi; those prior to THE Act of 1773 having been sttled "Admintstea- TORs;" those between 1773 and the Act of 1833 " Go- vernors-General of Fort William ; " those from 1833 to the present time " Goveunors-Gekebal of India in Council." Alexau del' Dawsoii, January 27, 1 748. William Fytdie, January 8, 175-J. Roger Drake, August 8, 1 76iJ. Colonel Robert Olive, March 25, 1758. Henry Vansittart, November 23, 1759. John Spencer, November 26, 1764. Lord Olive (second time), June 1, 1764. Harry Verelst, January 26, 1767. John Cartier, December 16, 1769. Warren Hastings, April 25, 177J. John Macpherson (provisionally), February I, 1785. Lord Macartney, July 1785. (Declined Office.) Lord Cornwallis, February 24, 1 786. Major-General W. Meadows, April 28, 1790. Sir John Shore (Lord Teignniouth), September 19, 1792. Sir Alured Clarke (provisionally), September 20, 1797. Lord Mornington (Marquess of Wellesley), October 4, 1797. Marquess Cornwallis (second time), January 9, 1805. Died October 0. Sir George H. Barlow (appointment revoked by H.M.), Fe- bruary 19, 1800. Lord Minto, July 9, 1806. Earl of Moira (Marquess of Hastings), November 18, 18J2, George Canning, March 27, 1822. (Declined Office.) William, Lord Amherst, October 23, 1822. \y. B. Bayley (provisionally), March 23, 1828. Lord William Bentinck, March 13, 1828. William, Lord Heytesbury (appointment revoked by H.TSL), January 28, 1835 Vlll PREFACE. Sir Charles Metcalfe (in-ovisionally), March yO, 1835. George, Lord Auckland, August 19, 1836. Edward, Lord Ellenborough (revoked by Court of Directors, May 1, 1844), October 20, 1841. W. W. Bird (provisionally), 1844. Sir Henry Hardinge (Viscount Hardinge), May 6, 1844. James Andrew, Marquess of Dalhousie, August 4, 1847. Charles John, Viscount Canning, July — , 1855 The following are the Names of those who have held the Office of President of the Board of Commissioners for THE Affairs of India since its Constitdtion in 1784. Thomas, Lord Sydney, September 3, ] 784. Eight Hon. W. Wyndham Grenville, March la, 1700. Eight Hon. Henry Dundas, June 28, 1793. George, Viscount Lewisham, May 19, 1801. Eobert, Viscount Castlereagh, July 13, 1802. Gilbert, Lord Mmto, Tebruary 12, 1806. Eight Hon. Thomas Grenville, July 16, 1806. Eight Hon. George Tierney, October 1, 1806. Eight Hon. Eobert Dundas, April 6, 1807. Dudley, Earl of Harrowby, July 16, 1807. Eight Hon. E. Dundas (second time), November 13, 1809. Robert, Earl of Buckinghamshire, April 7, 1812. Eight Hon. George Canning, June 20, 1816. Eight Hon. Charles Rathurst, July 16, 1821. Eight Hon. C. Watkin Williams Wynn, July 8, 1822. Eobert Dundas, Viscount Melville, February 7, 1828. Edward, Lord Ellenborough, April 24, 1828. Eight Hon. Charles Grant, December 6, 1830. Edward, Lord Ellenborough (second time), December 90, 1884. Eight Hon. Sir John C. Hobhouse, Bart., April 29, 1835. Edward, Lord Ellenborough (third time), April 9, 1841. W. P. Fitzgerald, Lord Fitzgerald and Vesci, October 28, 1841 . Frederic J., Earl of Eipon, May 23, 1843. Sir J. C. Hobhouse, Lord Broughton (2ik1 time), July 10, 1846. Eight Hon. Fox Maule, February 5, 1852. Eight Hon. J. C. Herries, February 27, 1852. Eight Hon. Sir Charles Wood, Bart., December 28, 1852 Eight lion. E. Veruon Smith, , IS^fi. PREFACE. IX The Constitution and functions of the Home and Local Government, with those of its subordinate in- struments, will be described in the second and third chapters of this volume. It may be sufficient here to remark, that the original establishment of the Board of Control appears to have arisen from the circum- stance that at the time when by common consent it had become necessary that the Crown should be in some form represented in the Government of our Eastern dependencies, the department to which that authority would have been naturally committed had ceased to exist. The expansion of British dominion in India at the close of the eighteenth century, precisely concurred in point of time with the loss of those American Pi'o- vinces which had theretofore formed the bulk of our Colonial Domain. The Imperial Parhameut which, at the suggestion of Burke in 1782, had broken iip as useless the Board of Plantations, and the Colonial Department, and the whole existing framework of Colonial Adminis- tration, was compelled only two years afterM'ards, at the suggestion of Pitt in 1784, to devise an entirely new machinery for the Home Government of India. The political mechanism thus framed in 1784, Avhicli the successive modifications introduced by the statutes of 18 IB, 1833, and 1853, have left untouched in its leading features, is now on its trial Amidst the conflict of opinion on the past, present, and future of our Indian Empire we may yet derive hope and encouragement from the very cojicentration X PREFACE. of tlie thought and intelligence of the country on those mighty probleuas -which surround every depart- ment of a question, now once more, after the lapse of thi'ee-quarters of a century, thrown open to debate. If our stock of knowledge on the subject we are called upon to discuss be confessedly meagre and in- adequate, the progress of opinion and of events has in some respects fitted us for dealing more fairly and successfully than in former times with questions of policy affecthig the remote dependencies of our Empire. That cluster of affiliated States, which we still call Colonics, and which are still proud to call themselves the subjects of our Queen, have been endowed for the most part witli the powers of self-government, and promoted to a rank very little removed from that of independent principalities. To retain for the longest possible period, at the smallest possible cost, with the greatest possible advantage to ourselves, the dependencies of our Empire, was once the problem which occupied the minds of British statesmen. To ripen those communities to the earliest possible ma- turity, moral and material, to qualify them by all the means within the reach of the Parent State for self- government and eventual independence is now the universally-admitted object and aim of our Colonial policy. And though India may be as yet unripe for self- government, though its teeming population may be as yet incapable of appreciating or of exercising the privileges of iVccdoui, to raise them to this standard, PREFACE. XI regardless of any political consequences to ourselves, ■will be the foremost object of all who rightly ap- prehend the duties and responsibilities of Imperial power. An inglorious and unlovely subjection to be maintained by force, when the functions of the Parent State are fulfilled, has no longer any chariu for the Economist, the Philanthropist, or the States- man. But a rude disseverance of those ties which bind us to those communities which still claim our protection, and still own a common sway, would be deprecated alike by all who have the foresight to anticipate the calamitous issues it would assm-edly involve. And to those who regard vast empires as permitted to exist and to expand for some higher purpose than the gratification of ambition, the exer- cise of State-craft, or the development of material wealth, the premature dismemberment of such em- pires seems nothing less than a wilful disorganization of a mighty machinery, which (however it may have been used by man) was designed by God for the civilization of mankind. On the adoption of a policy involving the moral and material progress of India, the instincts of the country, though not as yet moulded into a present- able or practicable form, may, nevej'theless, be said to be unanimous. Whether this policy is to be carried out by the Anglo-Indian Government in its existing form, or by some other machinery differently contrived, to be substituted in its place, — whether under the present circumstances, and with the present resources of Xll PREFACE. India, such a policy can be carried out at all, are questions altogether foreign to these pages, the purpose of which is simply to contribute data for the foriiiation of a correct opinion on these important subjects. Integrity, intelhgence, and coiirage have been, in past seasons of trial, conspicuous characteristics of the Anglo-Indian Service ; let us hope, that, under whatever form of Government our Eastern Empire may eventually be placed, the same qualities may distinguish in an equal degree the personnel of its future administration. PREFACE TO THE SECOND EDITION. The demand for a Second Edition of this volume has followed so closely upon its first publication, as to leave little time for supplying omissions or amending errors. Eor the discovery and correction of some typo- graphical and other inaccuracies which escaped notice in passing the First Edition through the press, the Author is indebted to the friendly criticism of Mr. John Stuart Mill. In the draughts of Mr. Fox's India Bills, marginal abstracts of the clauses have, in order to facilitate reference, been added. Since the publication of the First Edition, the introduction into ParHament of a Bill for the transfer of the Government of India to the Crown, has given rise to discussions which appear to illustrate the im- portance of some means of ready reference to sources of information as to the existing Anglo-Indian Go- vernment, both home and local. If this volume should, in any degree, supjily this want, it will have answered the purpose for which it was originally designed. CONTENTS. CHAPTEE I. I'Al'iK INTKODUCTORY SKETCH OF THE POLITICAL HISTORY OF BUITISH INDIA I CHAPTER II. EXISTING GOVBIINMEXT OF BRITISH INDIA. Sect. I — Home Goveniment. Sect. II. — Local Govern- ment ....... oO CHAPTEll 111. THE INSTRUMENTS OF INDIAN GOVERNMENT. The Services — Civil (Covenanted and Uncovenanted), Military, Naval, Ecclesiastical ... .55 CHAPTER IV. ADJIINISTRATION OF JUSTICE IN BRITISH INDIA. Sect. I. — Laws in Force in British India generally. Sect. II. — Laws and Judicial Procedure applicable to British- born Subjects — The Supreme Courts. Sect. III. — Laws and Judicial Procedure applicable to the Native Population of India — Civil Courts — Criminal Courts and Police. Sect. IV. — The Indian Law Commission .... ... 71 CHAPTEE V. EXISTING REVENUE SYSTEM OF BRITISH INDIA. Sources of Revenue. — Land — Salt — Opium — Customs — Miscellaneous 104 CHAPTER VI. ADMINISTRATION OF NATIVE STATES. Existing Relations with Native States: List of Treaties 135 XVI CONTENTS. CHAPTER VII. EXISTING GOVEENMENT INSTITUTIONS AND PUBLIC WORKS IN BBITISH INDIA. PAOR Sect. I. — Educational Institutions. Sect. II. — Public Works — Canals — Eoads — Eailways — Telegraphs. Sect. III. — List of Government Measures adopted to promote the Culture of Cotton. Sect. IV. — Measures adopted to promote the Working of Iron Ores . lO.'j CHAPTER VIII. LAWS AND PUBLIC DOCUMENTS RELATING TO BBITISH INDIA. Sect. I. — Bengal Regulations, and Acts of die Governor- General in Council. Sect. II. — Orders in Council. Sect. III. — Acts of the Imperial Parliament. Sect. IV. — Parliamentary Reports, Accounts, and Paper.s . 1 S 1 APPENDIX A. Mr. Fox's East India Bills . . . . . 9r, I APPENDIX B. Draft of proposed Treaty between the East India Company and the King of Oude, and of Proclama tion issued on its non-acceptance .... S;-*:i APPENDIX C. Regulations for the Examination of Candidates for the Civil and Military Services . . , QOl INDIA IN 1858. CHAPTER I. INTRODUCTORY SKETCH OF THE POLITICAL HISTORY m OP BRITISH INDIA. nriiE British Empire in India may be divided politically into three classes of Territories, dis- tinguishable by the degree and the form in which British authority is exercised over each. I. The Territories which are subject to that system of administration, fiscal and judicial, which is em- bodied in the published Regulations and Acts of the Indian Government, as carried out exclusively by Members of the Civil Service, and known by the designation of "Regulation Provinces." II. The Territories (consisting chiefly of the more recently acquii-ed Districts) which are governed under such special and varynig Instructions as have been from time to time issued for the guidance of the Functionaries, whether civil or military, to whom the administration of those Districts, which are called " Non-Regulation " Provinces, has been committed. III. The Territories of Native Princes, Avith whom B POLITICAL HISTORY OP relations have been established by various Treaties differing in their stipulations, but generally entitling those States to British protection, on the condition either of payment of tribute, or cession of a portion of their Territory, or providing a Military Contin- gent.* These States are in various degrees under the political supremacy of the Anglo-Indian Govern- ment exercised through Agents, called " Residents," stationed within their respective dominions ; who act under instructions from the Governor- General in Council, to whom the management of these Terri- tories is generally committed.! British India, as thus defined, contains, according to recent returns, a population of about 180 millions, and an area of about 1^ iniEion of square miles ; the detailed statistics of which are given in the following summarv : — * The territories of those Native Asiatic Princes who have simply entered into diplomatic relations with Great Britain, and who are therefore, escept in matters in which they may have accepted British mediation, absolutely independent, cannot, of course, be properly included within the limits of British India. t Some of the smaller Native States are associated for purposes of political communication, with the Presidencies to which they are geographically contiguous, as Travancore with Madras, and Kolapore with Bombay. Vide chap. vii. infra. BRITISH INDIA. »~ 'di t^ CO ci t- ■<# -^ o 0^ CO 01 r— 1 11 0" co" t-" I- c* t- CO ^l. CO CO co_ CO p co' ii^r co" 0" ll( 05 CO -* 09 C3 CO 10 xO -^ « xii 00 ci 00 CD rH o » CO CO i— CO t- 1- < •43 i-H CO '^ 10 Oi CT co_^ CO in C* CD^C0_^ rt f— 1 CT r-H ira ICO 0" co" co" -4 of co" 0" p U CO l~ O! r« io 03 00 ^-* t^ — 1 o « OT -H Ci^ in CO C0_ l- t-_ « Th >* Ph 1-" 0' 0" cr" co" co' CO I't co .SrS CO 1--J T( c^ ira CO CO CT CO l~ o r-H »0 l- co' cf OS l^-" CO 00 I- >o co_ CO ira CO oj" co" »o ro 10 »n ^" 0" o o 1— 1 w EH 1 o g 2 2 -1-3 Ph §■3 S Q CO p • "3 S? ■S m xn _g m .9 to g .g « > ~» < -5 M > a p ^ hs -o CQ K tn 'H -2 ^ R 1 a -3 1 g 03 H ^ P g; H ^0 111 CD 0^ ^ OJ Ch ■^ fc, "3 t. 53 '3 OJ ■ i Board of the latter by the rresident. This complicated system of mutual check and in- tervention is nowhere more clearly described than in the evidence given by Mr. Waterfield and Sir James Melvill before the Parliamentary Committees of 1852. That evidence, as condensed in the analysis subse- quently printed, is as follows : — Each dispatch from India is laid before the Court of Directors, to which body all dispatches are ad- dressed. They arrive in duplicate, one copy being for the Court, one for the Board. When a dispatch BRITISH INDIA. 39 comes from India it is accompanied by a collection of papers bearing upon the subject, which collection con- tains the former correspondence relating to it, and the present proceedings of the Government upon it. The dispatch comes to the Secretary's office, and from it is iuunediately transferred to the department to which it relates. In that department an abstract of the con- tents of the dispatch is made; this is htliographed, and copies of it are sent to the Chairman and Deputy- Chairman, and the members of the Committee having the superintendence of the department to which the dispatch relates. The officer in charge of that de- partment then communicates with the Chairman and Deputy upon the dispatch, and, in cases in which the subjects are not mere routine, frames the reply, with or without any instructions as to its tenor. A draft answer is then prepared, and submitted with the collections to the Chairman and the Deputy ; they confer together, and with the officer, upon the subject ; and when the draft conforms to their views, they place their initials upon it as the authority for its being sent to the President of the Board, in what is technically called "P. C. ;" that is to say, previous communica- tion. AMien the "previous communication" is re- ceived from the India House, it is referred, with the accompanjing " collections," to the senior clerk of the department to which it may belong. It is his duty to make himself acquahited with the contents of the papers, and the " previous communication " is then, with the notes and comments of the clerk, laid before the Secretary under v.-hom the particular dei)artment 40 EXISTING GOVERNMENT OF has been placed. He reads these papers, and, if not satisfied with them, he refers to the "collections." Having formed his opinion, he expresses it in writing j and the papers are, with that opinion, submitted to the President. The President in lUce manner reads the " previous communication," and the notes and comments, and, if necessary, refers to the " collections." Having considered these various papers, he gives his decision ; that decision may be entire approval of the " previous communication ;" the cancelling of it, on the ground that it is not advisable to give any opinion on the subject ; the substitution of other paragraphs in place of those proposed ; or the partial alteration of them, in greater or less degree. The " previous comniuni- cation" is returned to the clerk, in order that the President's decision may be carried into effect, and it is then sent back to the Chairman, together with the "collections." The "previous communication," in fact, is merely a suggestion of the way in which the Chairman and Deputy think that the dispatch or letter should be answered ; so the alterations made in the " previous communication " by the President are merely suggestions back again to the Chairman and Deputy of the way in which the President thinks that the draft should stand. There is nothing authorita- tive till the proposed dispatch is in the form of a draft ; what passes is considered on both sides merely a sug- gestion. If the "previous communication" be re- turned unaltered, the draft is immediately submitted to the Committee of the Court having superintendence BRITISH INDIA. 41 of tlie department in which it is. If altered, the officer comiuuuicates with the Chaii'mau and Deputy- Chau'man, who either allow wholly or partially, or re- ject entu'ely, the alterations. Differences are gene- rally settled iu conference between the President and the Chairman and Deputy at the weekly meeting which takes place between them. If they do not succeed iu convincing each other, or in effecting a compromise, it remains for the Chairman and Deputy to consider whether they should adhere rigidly to their opuiion or not. The draft is finally arranged by them, and is then submitted to the Committee. Drafts generally lie on the table of the Committee for a week, dming which time both the draft, and any papers bearing upon the case, are perused by the members of the Committee. The Committee then thscuss the draft, and adopt or alter it as they think lit, after which it is submitted to the Court, who usually take a week for consideration, and then the draft comes on for discussion. Every Dkector has an opportunity of expressing his sentiments, and, if he differ from the majority, of recording a dissent. W^heu the draft is approved by the Court, the Secre- tary sends it officially, with all the papers, including the dissents, if any, to the Board of Commissioners, and the Board return it always within two months, the period limited by law, approved or altered ; and if altered, with a statement of theii' reasons for making the alteration. The unaltered drafts are immediately transcribed, and fair copies, signed by at least ton Members of the Court, are despatched to India. The 42 EXISTING GOVERNMENT OF altered drafts are referred to the proper Committee, upon whose report the Court decide, either that the alterations shall be adopted, in which case the draft is signed and despatched to India, or that a remonstrance shall be addressed to the Board against the altera- tions, in which case the draft is retained until the de- cision of the Board is communicated. Instances are known where, on the Board adhering to its original opinion, a second letter has been written by order of the Court, and even a rejoinder to a second reply. Ultimately the dispatch is sent oat as approved by the Board ; and the instances are numerous in which the Board overrule the Court. The Court, after remonstrance, have the power of recording a protest against a decision of the Board from which it finally dissents ; and under a bye-law such protest is to be laid before the next General Court. But it is only in a case believed to be of very serious importance that the Court would have recourse to such a proceeding, and no instance of the exer- cise of this right has occurred since 1834. By.the 3 & 4 WiU. IV. cap. 85, if the Court doubt whether any instructions of the Board be consisteflt with law, a case may be framed, which, when approved by the Board, is to be submitted to three judges of the Court of Queen's Bench, whose decision upon the point at issue is to be final. But neither has this right ever been exercised. Of the drafts that go to the Board in "P. C." (previous communication), more than one-half come back without any alteration at all. It appears, however, that in the Political Depart- BRITISH INDIA. 43 ment (to avIucIi the statement is limited) there are not many previous communications returned without some alterations, but these are usually adopted by the Court. Of the altered drafts, a large proportion con- sist of alterations that are little more than verbal, and are generally acqmesced in by the Chairman and Dc- puty-Chau-mau before the draft goes to the Com- mittee ; and of the drafts that, being approved by the Committee and the Court, go to the Board officially, and are returned by it, not more than five per cent, contain any alterations. Since the last Act came into operation, no case of iiTeconcilable difference between the Court and the Board has arisen. Previously there were one or two instances in which the resistance of the Court to the vicAvs of the Board was so determined, that the latter threatened to enforce their purpose by mandamus. Previous communications have sometimes been re- turned from the Board in one or two days. Usually they are returned within three months, but oftener much sooner. In 1851 there was only one in the Political Department which remained in the office a month. There have been cases in which such com- munications have been detained a year or more. The origin of the practice of making previous com- munications seems not distinctly traced, though a re- cord of such papers is retained. It is thought to have arisen about the year 1793. At an early period it was restricted to questions of principle, but gradually extended itself to details. The title P. C. used to be icgarde-d as somctliing mysterious, until Mr. Canning 44 . EXISTING GOVERNMENT OF made known its meaning in a speech made by him in the House of Commons, on a motion of Mr. Creevey. Some sort of communications probably took place between the President and the Chairman and Deputy before these more formal ones. The ordinary interval between the return of the previous communication to the India House and the sending up the draft is about a month or five weeks. Previous communication being entirely a matter of private understanding between the Court and the Pre- sident, and there being no law to prevent a proposed dispatch being sent up in the first instance as a draft, this occasionally takes place. Drafts come up at once as drafts, sometimes because they treat of mere mat- ters of course, sometimes because they relate to matters of a pressing nature, and a mail may be on the point of departure ; but if a long dispatch were required, the previous communication would not be dispensed with. Dispatches are addressed to the Governor-General of India in Council, to the Governor in Council of Madras, and to the Governor in Council of Bombay. None are addressed to the Lieutenant-Governor of the North- West Provinces, the whole of that correspon- dence being conducted with the Governor-General; The Court has the initiative in the preparation of dispatches : if the Board of Control think any sub- ject neglected it can call upon the Court to frame a dispatch in regard to it ; and, in the case of the Court's non-compliance within fourteen days, the Board has the power to frame such dispatch, and send it to the Court to be forwarded to India. BRITISH INDIA, 45 SECT. II.— LOCAL GOVERNMENT. The Supreme Local Admiinstration of India (wliicli was formerly distributed between the three co-ordi- nate Governments of Port William, Madras, and Bombay,) is now centred in the " Governor-General of India in Council," the seat of the Supreme Govern- ment being now at Calcutta, but removable at the will of the Governor- General. The Governor- General is, as has been stated, ap- Governor- pointed by the Com-t of Directors, with the approba- council— tion of the Crown. The Supreme Council consists i^'s powers "^ ana of four ordinary members, three of whom must have d'lties. been civil or military servants of the Company in India of at least ten years' standing, and the fourth a person not previously in the service of the Company. The Commander-in-Chief of the forces in India is also always admitted an extraordinary member of the Council, which thus consists altogether of five mem- bers. To these were added in 1853, six Legislative Members, empowered only to sit and vote on the framing of Laws and Regulations ; of these, four are civil servants of the Company of ten years' standing in Bombay, IMadras, Bengal, and the North- West Provinces respectively, and the two remaining mem- bers ai-e the Chief Justice and one other Judge of the Supreme Court of Calcutta. Two other members may be appointed by the Governor-General, under section 22 of statute 16 and 17 Vict. cap. 95.* * It does not appew that the power given to the Goui't by 46 EXISTING GOVERNMENT OF The Council of India may thus be said to consist, for general purposes of Executive Government, of six members, including the Governor- General and Commander-in-Chief, and for Legislative purposes of twelve members — seven to be a quorum. The powers vested in the Governor-General are extensive. They are as follows : — He has a veto on all legislative measures proposed in Council, and an independent prerogative of initiat- ing and carrying out measures irrespective of the Coiui- cil. He has also the patronage of nearly all appoint- ments designated as " political " throughout India ; these comprise the Residents va native States and the Commissioners in the Non -Regulation Provinces. In the Governor-General is also vested the appoint- ment of the Lieutenant-Governor of Bengal and the North-West Provinces, also that of the Judges of the Sudder Courts and the military patronage in Bengal and the North- West Pro\dnces. The Governor-General in Council has also a direct control over all those districts of British India com- prising the Punjab, Cis-Sutlej States, Oude, Berar, Pegu, the Tenasserim Provinces and the Straits Set- tlements, which are not included Avithin the limits of any of the four subordinate Governments. His authority extends also to the territories of all native princes with whom we have contracted subsidiary or protective relations, and to the exercise of such in- s. 2'3 of statute 16 and 17 Vict. c. 95, to authorise the nommntion of two ailditional legislative councillors, heiug civil servants of tlie Company of ten years' standing, has as yet Ijeen e.xercised. BRITISH INDIA. -17 flueiice as Great Biitaiu may possess by treaty over those independent States which have accepted of our mediation. The official staff of the Governor-General in Conn- official cil consists of four Secretaries of the four foUovviiig Ooyeruor- Departments :— General. 1 . The political or so called ' ' Foreign " Department' to wliich is committed all correspondence arising out of the government of those provinces which are directly under the Governor-General in Council, and all arising out of British relations with native States. 2. The Home Department, which is charged with the judicial and revenue correspondence. 3. The Financial Department. 4. The Military Department. There is also a Secret Department of both the Political and Finance Secretariats, to Mhicli all secret dispatches are entrusted. The mode of transacting the business of the Couu- Mode of cil is as follows : — All papers in^'olving questions for f'^^"^*''*" discussion are circulated, going first to the Governor- business. General and then to ah the Members of Council. The Council meets at the Government House once or twice a week. At or before the Meeting, the Governor-General writes orders on the backs of the papers, in which, if the Members of Council concur, they subscribe their initials, and letters in conformity therewith are despatched from the Secretary's office. If a member of Council dissent, he writes " reserve," and the case is then brought before the Council for discussion. In other matters the Governoi'- General 4« EXISTING GOVKKNMKNT OF roserves tlie case for discussion, or minutes upon it, Avhen the Members of Council do the same; or a ]\ [ember of Council may record a minute at once, while the papers are in circulation. The mode of conducting the correspondence between the Govern- ment of India and the Court of Directors is the following : Upon questions requiring a reference to the Court's authority, and in matters of more than ordinary importance, separate letters are prepared and written ; but upon the whole record it is usual that a report should be sent every quarter which reviews the whole proceedings of the Govei'nment, and is called a quarterly general letter ; that is, every letter of any importance on the record, and the substance of the reply, are abstracted and reported in paragraphs of this general letter, and these general letters are sent home now with the collections of papers referred to in each paragraph. Three copies of the Govern- ment proceedings used to be sent quarterly, the whole proceedings being completely copied out in triplicate for the purpose, but when collections were sent home, one copy was dispensed with. The letters thus transmitted are replied to by the Court with the same detail, every paragraph having its paragraph of reply. The dispatches of the Com-t of Dii-ectors, immediately upon their arrival in India, are circulated among the Members of the Government, as above stated, and the Secretary takes the orders upon them, paragraph by paragraph. It is then the duty of the Secretary to write the resolution upon every para- graph seriatim, which resolution is the foundation BRITISH INDIA. 49 of orders, if sucli are required, to the subordinate authorities, and at the same time gives the substance of the reply, when the time comes to make the reply to the Court of Dkectors. The time occupied in transmitting a communication and receiving a reply varies according to the nature of the matter contained in the dispatch ; sometimes orders may be requked to be sent to a subordinate Board, calling for an explanation, before a full reply can be sent ; those orders appear in the record as issued on the day when the Court's dispatch is read, and the reply is entered on the record on the date when it arrives, and is laid before the Council. In replying to the Court, these letters are all referred to, and the sub- stance of the specific statements is given, but the receipt of the dispatch is always separately acknow- ledged. Under the present system, collections have to be made in India for every paragraph, and sent home in duplicate. It is necessary to place everything on record ; no discretion is vested in any member of the Govern- ment, or in the Secretary, of changing or withholding from the record anything which is addressed to the Government, and the exact nature of the reply to it. In regai'd to the subordinate Governments, it was determined, in place of the transmission of proceed- ings in extenso (which these Governments continue to transmit to the Com-t of Directors), to call from each of the Presidencies below for abstracts of their proceedings, which abstracts, on coming to the dif- ferent departments, it is the business of the Secretary 50 EXISTING GOVERNMENT OE to overlook, to put a cross upon any matter wMch he deems of more than ordinary importance, and then to take the orders of Council as to whether the papers shall be called for. There are other matters which the Governments themselves refer, because of the incom- petency of their own powers. Their references in- clude all questions of salary or new appointments, and all questions relating to legislation; indeed, aU important subjects involving changes in administra- tion. Every appointment is made by a minute of the Governor- General in Council. If the Members of Council concur, of course the appointment is made ; if they do not, the dissentients record their disap- proval. If a majority objected, the appointment would not be pressed, and it is said that the Gover- nor-General would not in general propose an appoint- ment unless he knew it would be carried in Council. If, however, it should be put and negatived, the appointment could not take place, except under the Governor- General's special power of overruling the decision of his Council. It appears to be held, without qualification, that this power may be exer- cised in regard to appointments, and if the Governor- General considered the appointment essential in a political point of view, it certainly would. If the Governor-General's nominee were withdrawn, another man would not be proposed by the Members of Council, but it would be left to the Governor-General to propose another. No new office can be established Avithout reference BRITISH INDIA. 51 to the liome authorities; and the Government of India cannot expend more than 50,000 rupees upon any one new public work without their sanction. An increase in the military establishment being generally a matter of emergency, is, in such case, made by the Governor- General in Council at once, but when not matter of emergency, the question must be referred home. The Governor- General ordinarily holds office for five years, and receives a salary of 25,000/., and each Member of his Council 10,000/. per anmun. The absolute authority vested in the Governor- General in Council extends, not only over those pro- vinces which, by lapse or annexation, have fallen under his direct control, as the Punjaub, Oude, Berar, the Burmese Provinces, and the Straits Settlements, but also over the four subordinate Governments of British India, and applies to all powers, legislative and executive, subject only to the limitations speci- fied in section 43 of statute 3 and 4 AVill. IV. cap. 85.* The suborduiate Governments ai-e, subject to such Subordi- geueral control, administered as follows : — Goirem- The Presidencies of Madras and Bombay ai-e each ™6its. under Governors and Councils of tlu-ee Members (the Commandei'-in-Chief being one) — both Governors * The lunitations to the po-wers of tlie Governor-General in Council are those whicli jireclude any alterations of the Act of 1833, or any subsequent Imperial statute relating to India, or from promulgating laws affecting the prerogatives of the Crown, or the allegiance of British subjects. E 2 52 EXISTING GOVERNMENT OP and Councillors being appointed by the Court of Di- rectors. Bengal and the Nortli-West Provinces are eacli under Lieutenant-Governors, appointed by tlie Go- vernor-General. These Governments have no powers of legislation, nor can they create any new office, or even " grant any salary, gratuity, or allowance without the pre- vious sanction of the Governor- General of India in Council." This provision being found to involve the necessity of a formal reference of every petty detail to the Governor- General, the rule has been established of making periodical reports of these minor matters. The Governor-General, for instance, does not require the employment of each additional menial servant in a public office to be separately reported ; but every quarter, reports are made, in the form of a statement, of the additions and changes of the establialnnents made in the quarter, and these are so passed under the review of the Govei-nor- General in Council. This practice, though not in strict accordance with the letter of the law, is generally adopted; everything passes under the review of the Government of India, and ultimately is sanctioned by it ; while the inferior Governments are not fettered in the nomination of petty officers — as of customs or excise, by the ne- cessity of a previous reference, but rely upon obtain- ing the sanction of the Government of India when they make the quarterly report. In regard to expen- diture on Public Works, there is an order from the Court of Directors that no work requiring an ex- BRITISH INDIA. 53 penditure of more than 10,000 rupees slaould be midertaken by any of the Governments, neither the Government of India, nor the Governments below, without their sanction first obtained ; but the Court of Directors enlarged the discretion in the case of the Governor-General in Council : and now the rule is understood to be, as laid down by the Governor- General in Council to the subordinate Presidencies, that they are to refer to the Governor-General in Council all works ]'equiring an expenditure of more than 10,000 rupees, according to the estimates. But the Home authorities often sanction expenditure for Public Works without reference to the Government of India. Though the mode of transacting business adopted by the subordinate Governments is not uniform, it may be stated generally, that at Madras and Bombay where there are Councils, there is also a staff of Se- cretaries by whom the business brought weekly before the Governments is despatched in theu distinct depart- ments; and the Governors of these Presidencies exer- cise, with the concurrence of their respective Councils, all the ordhiary local patronage which, in the case of Bengal and the North- West Provinces, is also, with the exceptions above noticed, vested in their respec- tive Lieutenant-Governors. The Governments of Madras and Bombay have the privilege of corresponding dii'ect with the Coui't of Directors. They send their proceedings to the Court, and furnish abstracts only to the Govermuent of India. TJiey have also their separate services, 54 EXISTING GOVERNMENT OF BRITISH INDIA. civil and military. A question arose very early, as to whettier, in the case of a servant being suspended, or removed from ofBce by one of the subordinate Governments, the appeal should lie to the Court of Directors or to the Government of India ; and it was determined that, in consequence of the existence of separate reports to the Court from the subordinate Presidencies, and of the fact that the servants there were the Company's servants, placed under the authority of those Governments by the Court of Directors, the appeal should lie to the Court. The power of selection for political appointments is exercised very largely in favour of military officers, who are, equally Avith civilians, qualified to hold those situations. Certain military appointments are con- sidered the patronage of the Commander-in-Chief; others are the patronage of the Governor. The right of nominating to ofl&ces connected Math finance, such as the ]\Iihtary Auditor-General, the Llilitary Ac- countant, Paymasters and Commissariat Officers, is vested in the Governor. To those connected with the discipline of the army, such as the Adjutant-General and the Quartermaster- General, the Commander-in- Chief appoints, but his appointments require the con- firmation of the Governor in Council. These statements apply to the subordinate Presi- dencies; the rights of patronage, civil and military, vested in the Governor- General of India in Council have been already explained. CHAPTER III. THE INSTRUMENTS OF INDIAN GOVERNMENT. The Sebvices— Civil (Cotenanted and Uncovenanted), Military, Naval, Ecclesiastical. SECT. I. — THE CIYIL SERVICE. The two great functions of the Civil Service, and of all wlio are concerned in tlie Civil Government of India, ai'e, — The collection of the Revenue, and the Administration of Justice. It is either in a fiscal or a judicial capacity, or in a combination of both, that all Civil Officials, from the highest to the lowest, are employed. The Civil Service in India consists of two classes : — 1. Those who, having passed an examination in England, and subjected themselves to a certain degree of training in India, have entered into the cove- nant prescribed by ancient custom, " That they " shall obey all orders ; that they shall discharge all " debts ; and that they shall treat the natives of India " well." This select body, consisting of Europeans only, by whom the higher class of Government duties ai-e performed, are termed the " Covenanted Service." 2. Those Europeans, Natives, and half-castes, to 56 THE INSTRUMENTS OF whom subordinate duties, fiscal and judicial, are committed, and avIio are not subjected to any pre- liminary training, and do not enter into covenant witli tlie Company, and are consequently designated as the " Uncovenanted Service." Cove- The Covenanted Civil Service in India, which none nan ted Civil Ser- could formerly enter but those who, at the nomina- tion of Directors, had been admitted to a preliminary two years' training at the Company's CoUege at Hai- leybmy, is now open, by a prescribed system of examination, to public competition. By s. 36 of statute 16 and 17 Vict. cap. 95 (which applied not only to the Civil Service proper, but to all candidates for employment as Assistant-Surgeons to the Company's forces in India), the Directors' rights of patronage to primary appointments were extinguished. And by statute 18 and 19 Vict. cap. 53, Haileybury College was prospectively abolished. The Board of Control was also, by the first-mentioned Act, empowered to appoint Examiners, and to fi-ame Regulations for conducting Examinations to be laid before Parliament. Doubts having arisen as to the mode in which the powers conferred by the Act should be exercised, the question was referred by the Board of Control to a Committee, who were re- quested to take the subject into consideration, and who subsequently reported thereupon.* * The Committee consisted of Lord Ashburton, Mr. J. G. Shaw Lefevre, the Rev. H. IMelvill, tlie Rev. B. Jowett, and the present Lord Macaulay. For their Report, vide Parlia- mentai-y Paper 34, 1855. INDIAN GOVERNMENT. 57 llegulations* prescribing the mode and subjects for the examination of candidates for the Civil Sei'- vice were promulgated by the Board of Control, in January, 1855, by which it was provided that two examinations of all such candidates should take place : the first in ancient and modern languages, mathe- matics, Arabic, and Sanscrit ; the second, which was to be held at an interval of a year after the first, in law, Indian history, and political economy. The second examination, which, on the special ground of an immediate demand for recruits for the Civil Ser- vice in Sinde, was waived in 1856, has never in fact taken place. f The present practice is, to send out all youths who shall have passed the single examination now requii'ed, to those parts of India where they may be wanted. Those intended for the Civil Service in Bengal, the N. W. Provinces, and those districts which are directly under the Supreme Government, are sent to Calcutta, where they are subjected to a further course of study, concluded by an exammation in the native languages at the College, Port Wilham. At Bombay and Madras there are no establishments for preparing young Civil servants (or writers, as they were formerly called) for their duties, by the study of the native languages. It is pursued under certain teachers appointed for the purpose. It may be stated, as a general rule, that every member of * The first Regulations issued by the Board of Control, under the Statute of 1853, lU'e printed at length in Appendix C. f TiWe Parliamentary Paper 317, 185C. 58 THE INSTRUMENTS OF the Civil Service is entitled to some office, though not at once nominated to any particular office. During the probationary period, from the time of their arrival in India, all receive a certain rate of pay, called the " out of employ allowance." In Bengal, after passing the necessary examina- tion, they are sent into the ]\Iofussil (the country, as distinct from the Presidency), and become assistants to collectors and magistrates. Assistants are sub- jected to two examinations, before they can rise to superior grades in the service : the first, chiefly to test their familiarity with the vernacular languages ; the second, to ascertain their further proficiency therein, and also their knoAvledge of criminal and fiscal law and practice. These examinations are conducted by Divisional Committees at certain large stations, under a Central Committee at the Pre- sidency. The Divisional Committees consist of the Commissioners of the division, the Judge of the dis- trict, and others. These report to the Central Com- mittee, who report to the Government. . On first entering the Public Service, the civilian is occupied with magisterial and fiscal duties simul- taneously. In his magisterial capacity he takes the depositions of witnesses, and prepares cases for the decision of his superior, or he hears and determines, subject to revision, cases specially made over to him by the Magistrate. His power of punishment extends to two months' imprisonment, a period which, when he is entrusted with special powers by the Govern- ment, is enlarged to twelve months. As assistant INDIAN GOVERNMENT. 59 in the revenue department, he decides petty claims I'elating to arrears or exactions of rent. After an apprenticeship of several years, the assis- tant is regarded as a candidate for promotion. He is then subjected to a further examination, with the view of testing his knowledge of the languages and laws of the country ; and his promotion depends on the suc- cess mth which he passes the test. A successful can- didate is theu deemed qualified for the office of Col- lector or Magistrate. As Magistrate he directs the pohce operations of his District, and takes cognizance of all criminal matters. The law provides for his dealing with certain classes of offences, but Umits his power of punishment to three years' imprisonment. Appeals from his sentences, or fi'om those of his assistant, when vested with special powers, lie to the Sessions Judge. As Collector he has charge of the district treasury. He superintends the collection of the Government rental; puts in execution coercive measures against defaultea's ; sells estates for arrears of revenue ; and manages those escheated or bought by Government. He superintends the partition of estates, and regu- lates the distribution of the Government Assessment araona; the several sub-divisions. He also exercises judicial powers in settling, by summary process, disputes among the agricultural community regai-d- ing rents. The gradations of the Service differ in some re- spects in the different Presidencies. In Bengal, the offices of Judge, Magistrate and 60 THE INSTRUMENTS OP Collector are lield by three distinct persons. In Madi'as, Bombay, and the North-West Provinces, the functions of Magistrate and Collector are dis- charged by one individual, the office of Judge by another. In the Non-Regulation Provinces, which are under the direct control of the supreme Govern- ment, all the three offices are united in the person of a single representative of the local Executive Government. To a certain extent, advancement in the Civil Ser- vice is regulated by law, but there is also opportunity for selection. The mode of proceeding under the supreme Government (and the same general rule is acted upon throu.ghout British India) is as follows : — When an appointment is vacant, it is the business of the Secretary to lay before the Governor-General a statement of all those who can be considered to have any claim, with his own opinion as to their relative fitness, and also his opinion whether the office requires peculiar fitness. The Governor-General thereupon makes his selection. He is not bound to regard seniority, and if it be an important office, he will choose the most competent. Seniority, however, has large influence in advancement. The Covenanted Service is by law a seniority service, every member of which, in consideration of his having been spe- cially, and expensively, trained up for the service, is supposed to possess certain prescriptive rights, M'liich can only be forfeited by misconduct or gross incapacity, and cannot be withheld qitamdiu se bene gesserit .• here, with some exceptions, the office of the INDIAN GOVERNMENT. 61 local Goverument is merely to distribute. In practice, however, the superior appointments, such as Secre- taries to Government, Judges of the Sudder Adawhit, Revenue Commissioners, and a few others, are filled by selection. Military men are employed to a considerable ex- tent in CivU duties, chiefly in the Political Depart- ment, or in the Civil Administration of districts not brought regularly under the existing laws of British India. They are especially selected for particular duties, and the practice has prevailed since the time of Lord Cornwallis. Instances have occm'red, under the Presidency of Bombay, of their being appointed Collectors in the Regulation Provinces ; but such instances are few, and it is believed that a deficiency of CivU servants led to the appointments being made. The officers selected are generally appointed young, and with especial reference to their knowledge of the native languages, without which important qualifications no officer can be removed from his regiment to Civil duty. The proportion of mili- tary employed in diplomatic duties is conjectured to be one-thii'd of the whole, but this estimate is re- stricted to high appointments : if inferior situations be admitted, the number of mihtary men employed, as already described, has a great preponderance ; and if Sinde be included, the proportion to Civilians is stated to be as twelve to seven. The Members of the Covenanted Civil Service re- ceive salaries graduated according to the nature and vice. 62 THE INSTRUMENTS OF duties of their respective offices, from that of the lowest Assistant Collectors to the Members of the Supreme Council, and ranging in amount between £500 and £10,000 per annum, payable in rupeees per mensem. Unoove- The Uucovenanted Civil Service comprises that Civil Ser- large class of Indian officials who are appointed by the local Governments, and who do not, as tlieir designation implies, enter into covenants with the Company, and who, though subjected to certain pre- scribed examinations on promotion, are not placed under any preliminary training. There is no precise hne drawn as to the offices which Covenanted Servants alone may fill, and those which are open to Uucovenanted Servants also. The distinction exists vsdth regard to the Services only; the appointments to the Covenanted Service which are made at home, forming one class, and those left in the hands of the local Government the other — ^the former being entitled on vacancies to promotion, the latter not. The Covenant is in fact an old form, having its origin at a time when the East India Com- pany was a Commercial body, but it now indicates a separate and exclusive Service. Of the Uncovenanted Civil Servants, some are Europeans — some of mixed origin, European and native — some — and by far the largest proportion — pui'e natives. The European Uncovenanted Servants consist chiefly of persons who have gone out to India in INDIAN GOVERNMENT. 63 some other calling, and of sons of commissioned officers who have obtained Government employ. Though they do not ordinarily attain the higher offices, and are not entitled to furlough, exceptions to this rule have arisen. Pensions also are granted to them on retirement after certain lengths of service. The total number of Em'opeans, and of persons belonging to the half-caste population in the Uncovenanted Service in India, appears to have amounted in 1853 to between two and three thou- sand individuals. The employment of native agency in the Uncove- nanted Service, which was applied to judicial offices about thh'ty years ago, under Lord WiUiani Beutinck, and was promoted in 1834 by s. 85 of statute 3 & 4 William IV. cap. 85, removing all disqualifications for office on account of descent, creed or colour, has been since so largely extended, that at this time al- most the whole of the Judicial Administration of the lower Coiu'ts is in the hands of natives. Not only the Vakeels or Pleaders, but the three grades of Judges called Principal Sudder Aumeens, Sudder Aumeens, and Moonsiifs, numbering altogether about 700 in all India, are now natives. The subordinate Revenue Collectors in the Salt, Opium and Customs Depart- ments, with the Land Revenue Officers, called Tehsel- dars, in which various duties about 1200 function- aries are employed, are also natives. There is also a class of Medical Officers, called Sub-assistant Sur- geons, which consists entirely of natives ; and every C4 THE INSTRUMENTS OP regiment has a native Doctor to assist tlie Surgeon. Added to these, there is a large number of natives employed in subordinate pohce and revenue duties, and drawing less than twenty rupees per month, amounting in Bengal alone to upwards of 40,000 in number, exclusive of the village watchmen, of whom there were said to be, in 1853, more than 170,000 in the lower Provinces. Natives are admitted to all offices in the Uncovenanted branch, for which they are deemed qualified in point of trustworthiness, and the principle now in progress throughout the CivU admiuistration of India, is native agency and Euro- pean superintendence. The salaries received by the higher officials em- ployed ill the Uncovenanted Civil Service range from £100 to £900 per annum. It appears that a native who recently held the office of Judge of the small Cause Court, at Calcutta, received no less than £1560 per annum. The Judicial appointments are held chiefly by Mahommedans, but many Hindoos are employed, and at the head of the factory at Bombay a Parsee presides, who has Europeans placed under his authority. SECT. ir. — THE MILITARY SERVICE. The army ordinarily used for the defence of British India is (or rather was before the recent revolt) com- posed of four elements : — INDIAN GOVERNMENT. 1. The East India Company's native Forces officered by Eiu'opeans. 2. Tlie East India Company's European Eorces. 3. Tlie Queen's Forces, whicli at the request of tlie Court of Directors are furnished for the Indian service, the cost of their conveyance and entire pay being provided by the East India Company. 4. The contingent Forces, which are at the com- mand of the British Government nndcr Treaties witli native Princes. The total number of the East India Company's native Foi'ces of all arms, including commissioned and non-commissioned native officers and men, up to the latest period received before the recent revolt, was as follows : — C5 Eogimenta. Officers and Men. Engineers. — Native Commissioned and Non-Commissioued, Kauk and File 3,158 Artillery. — Horse .... Brigades 5 1,073 Foot .... Batts. 18 7,076 Cavah-t/. — Eegulai- and Irregular* Kegts. 50 26,129 Lifantri/. — Eegulai- and L-regular * . Eegts. 196 189,008 F«to-ans.— Native Officers and Men . 8,374 Native Medical Establishment 858 Total, 269 231,276 Giving a total number of 269 native regiments of all arms, and of 231,276 native officers and men. A large portion of this force, comprising about one-half * The Irregulai- Forces have four Officers to each Eegiment. 66 THE INSTRUMENTS OK of the whole, has by mutiny and disarmament ceased to exist, leaving a total number of native Forces of all arms practically available of about 120,000 men. The total number of the East India Company's European Forces now in India (not deducting losses arising out of the recent revolt, of which no complete authentic return has been received), is as follows, and presents a total of 22,047 European officers and men : — Engiveers. — European Officers and Men . . 434 Artillery. — Horse and Foot, do. . . C,585 (of -wliicli there are 12 Battalions of European Foot.) Cavalry* — European Officers and Men . . 509 Infantry.— Do. do. . . 13,032 Veterans. — Do. do. . . 436 Medical Establishment. — Europeans, including European "Warrant Officers . . 1,051 Total . . . 22,047 The total number of Queen's troops now in and on their voyage to India amounts to about 63,500 men. The contingent Troops of the native States com- manded by British officers, and bound under Treaties to serve the British Government, amounted, before the mutiny of 1857, to about 32,000, viz. -. — Hyderabad (Nizam's) Auxiliary Force t Gwalior (Scindiah's) Contingent t Kotah Contingent Mysore Horse (officered by Natives) Guzerat (Guieowar's) Contingent 8,004 8,401 1,148 4,noo 3,756 * Four additional Cavalry Eegiments are now in course of formation. f The Contingents which have mutinied are marked with an obelisk. INDIAN GOVERNMENT. G7 t Bhopal Contingent t Mahva United Contingent Malwa Blieel Corps t Joudpoi-e Legion Meywar Bheel Corps Colapore Local Horse Sawunt Waree Local Coips 829 1,617 648 1,246 1,054 oor 611 32,311 Holkar is bound by Treaty to furnish a contingent of 1000 horse ; but these troops are not commanded by British officers. The Commander-in-Chief of Her IMajesty's Forces in India is ex-oj/icio Commander-in-Chief of all the Company's Forces there ; and any officer who may be appointed by Her Majesty to be Commander-in-Chief of Her Forces in any Presidency in India is, by virtue of such appointment, also Commander-in-Chief of the Company's Forces in such Presidency. The officers of the East India Company's Forces Rules for are primarily nominated to the service hj the Directors, \^ "he^'°" and those who receive " dhect appointments " are ^ii'i'^^'y '- ^ bervice, examined (see Appendix C) and sent out at once — Addis- combe. the rest are trained for two years at Addiscombe. The seminary at Addiscombe is for the preparation of youths for those branches of the Military service where scientific attainments are indispensable, — the Engineers and the Artillery ; but as the establishment win accommodate a larger number than is requhed for those branches, others are admitted. There is a preliminary examination. At the final examination the most distinguished obtain appointments in the Engineers,* and those next in merit in the Artillery. * The Engineers ai-e afterwards trained for a year at Chatham. F 2 68 THE INSTRUMENTS OF These are the prizes of the institution. The Cadets who fail to obtain them go into the infantry.. Those receiving cavahy appointments in no case pass through Addiscombe, but proceed direct to India, as do a large portion of Infantry Cadets. These, however, are sub- jected to an examination, and are ehgible up to twenty- two years of age. The number of Cadets at Addis- combe is 150. There are four terms, which extend over a pei'iod of two years ; and the age of admission is from fom'teen to eighteen. The payment to the Company is 100/. a year; the total expenses of a Cadet may be stated at 120/. or 130/. a year. The Company's charge was formerly much lower. It is the same to aU. The only Oriental language taught is Hindostanee. SECT. III. — THE NAVAL SERVICE. The East India Company maintain an independent ]\Iariue, under the orders of the Government of India. The chief branch of that service is that wliich was formerly called the Bombay Marine, the officers of which are primarily appointed by the Directors (the patronage being allotted between the members of the Court), and sent out from England. From 15 to 18 is the age for Naval Cadets. The diities of the Indian Navy consist of Sur- veys on the coast of Arabia and the Red Sea, and the coast of Sinde. The Force is also used for the prevention of piracy in the Persian Gulf. The total present strength in vessels and men of the Indian Navy, consists of 53 steam and sailing INDIAN GOVERNMENT. 69 vessels, and 4286 Eui'opean and Native men, — according to the latest returns. The general correspondence relating to this force is carried on with the Home authorities, and not "vvith the Government of India. lu reQ;ard to the expenditure, it is partly managed from home and partly by the Government of India. The Indian Navy is connected with the overland communication ; and therefore, on many points, such as the building of ships, steam-factories, and docks, instructions are received from England. But as regards the repair of ships and the establishments in those ships, any increase is referred to the Government of India, like any other increase. As an example of the control exercised by the Government of India, if repair of a vessel be wanted, and the expense is esti- mated to exceed Rs. 10,000, it must be referred for the sanction of that Government. There is a small IMarine force under the Bengal Government. Those acting as officers have no com- missions, and the force is not subject to the Articles of War or the ]\Iutiny Act. They have been employed in the China war, and are constantly employed in the Eastern Archipelago. SECT. IV. — THE ECCLESIASTICAL SERVICE. The Ecclesiastical establishment is maintained at the charge of the Indian revenue for the exclusive benefit of the servants of the Company, and without reference to the population of India generally, with 70 THE INSTRUMENTS OP INDIAN GOVERNMENT. whose religion the Government profess not to inter- fere. The jjresent estabhshment consists of three Bishops — of Calcutta, Madras, and Bombay, respec- tively; and 135 Chaplains, English and Scotch, who are covenanted servants of the Company, and are placed on the same footing, as to furlough and other privileges, with other classes of European servants.* There are also three Roman Catholic Bishops, and 78 Roman Cathohc Priests, who participate in an annual grant from the Indian Government of about 5000/. per annum. The three Anglican Bishops receive salaries from the Indian revenues as follows : — The Bishop of Cal- cutta, 5000/. per annum; the Bishops of Madras and Bombay, 2500/. each per annum. The jm-isdiction of the Bishops extends, not only over the Chaplains, but over all the clergy of the Church of England within the hmits of their respective dioceses. The present metropolitan jurisdiction of the Bishop of Calcutta extends over all the British territories, from the Punjaub to Singapore. In addition to his salary he has, while on his tour, an allowance of 1000 rupees per mouth for his expenses, besides Avhich the means of traveUing, either vessels or carriages, are provided for him by the Government. The total aggi-egate amount charged on the territo- rial revenues of India for ecclesiastical salaries, exclu- sive of traveUing allowances, is 111,030/. per annum. * Candidates for the office of Chaplain must have been two years in Orders, under forty years of age, and approved by the Ai-chbishop of Canterbury and the Bishop of London. CHAPTER IV. ADMINISTRATION OF JUSTICE IN BRITISH INDIA. Sect. I. — Laws in Force in British India generally. Sect. II. — Laws and Judicial Phoceddee applicable to British- liORN Subjects — The Supreme Courts. Sect. III. — Laws and Judicial Procedure applicable to the Native Popu- lation OF India — Civil Courts — Criminal Courts and Police. Sect. IV. — The Indian L.\w Commission. SECT. I. — LAWS IN FORCE IN BRITISH INDIA GENERALLY. In the legal and judicial Administration of India, tlie uniform principle of British policy in respect of Territories acquired by conquest or cession, has been adopted. The laws and system of jurisprudence, Mahommedan or Hindoo, to which we have succeeded, have, in every case, been recognised as valid, until superseded by the supreme authority of the British Government. The cu'cumstauce that this authority has, in the case of British India, been in some degree delegated to a chartered Company, has occasioned no difference in the practical application of the rule. In the territories of the East India Company, as in all British dependencies similarly acquh-ed, and not possessing Representative Institutions, the do- 72 ADMINISTRATION OF JUSTICE minant country has exercised its legislative powers either by Order in Council, or by Act of Par- liament. At the present time, both the Imperial Parhament and the Governor-General in Council have the power of legislating for India; but there are certain ex- ceptions to the power of the latter authority, by one of which it is restrained from interfering with any Act of Parliament passed subsequently to 3 & 4 WUl. IV. cap. 85, and applying to India. Acts not so made applicable by the British Parliament are some- times made so by the local Legislature. All laws passed by the Governor- General in Council extend, unless specially limited in their application by the Acts themselves, to all inhabitants, whether British or Native, of all territories within the Com- pany's Charter. Drafts of all laws, previously to being enacted, are published in the newspapers at all the Presi- dencies, in order that any parties thinking themselves Hkely to be affected by them, may apply to the Government. The publication does not take place at any fixed time before the enactment is passed ; but it is usually from six weeks to two or three months. Tliis practice of preliminary publication originated with the Court of Directors, and was adopted with the view of preventing precipitate legislation, by interposing a delay between the pro- posing and passing of a legislative Act. The laws themselves, when they become such, are published in English — in Oordoo, a higher dialect of IN BRITISH INDIA. 73 Hiudostanee — and in other Native languages, accord- ing to the part of India to wliich they may apply. Po-sver is reserved to the Imperial Parliament (before which all such laws are to be laid) to alter or repeal them. SECT. II. — LAWS AND JUDICIAL PROCEDURE APPLIC- ABLE TO BRITISH-BORN SUBJECTS IN INDIA — THE SUPREME COURTS. British-born subjects and their descendants, re- sident in India, whether in the service of the Com- pany or otherwise, are, with certain exceptions,* amenable only to British law, as administered by the Courts called the Supreme Courts, uoav existing at Calcutta, Madras, and Bombay. The history of this exemption, from the ordinary tribunals of the country, is described in the appendix to the first report of the Indian Law Commissioners, wherein also the present constitution and jurisdiction of the three Supreme Courts is minutely described. The first Charter of the East India Company which contained any provision for the administration of justice was that of the 13th Charles II., which em- powered the Company to appoint Governors and other Officers to govern their plantations, forts, fortifi- cations, factories, or colonies, and authorised the * The exceptions are cases of opijression of the natives, or judicial malversation, cognizable by tlie ordinary tribunals, wliicli also try civil suits between natives and British subjects. 74 ADMINISTRATION OF JUSTICE Governor and Council so appointed to "judge all persons belonging to the said Governor and Com- pany, or that should Uve under them, in all cases, whether civil or criminal, according to the laws of the Idngdoni, and to execute judgment accordingly." By the 35th Chai'les II. the Company were em- powered to erect Courts of judicature, " consisting of a person learned in the civil laws, and two mer- chants, who were to decide according to equity and good conscience, and according to the laws and customs of merchants." And similar provisions were contained in the subsequent Charters down to the period of the union of the old and new Companies. By the first Charter granted to the United Com- pany, which was that of the 13th George I. in 1726, a Mayor's Court was established at each of the Settle- ments ",to b,e a Com-t of Record, to try, hear, and determine all civil suits between party and party that should arise T\'itliin the towns of INIadras, Bombay, and Calcutta, or witliin any of the factories subject thereto, between all persons there residing, or who, at the time of action accrued, did reside or be within the said towns, or the precincts, districts or territories thereof, and to determine according to justice and right."- From the decisions of this Court an Appeal Avas given to the Governor and Council, whose decision was declared to be final in all suits under 1000 pngodas ; * but if the suit exceeded that amount a further appeal was given to the King in Council. * A pagoda is about eight shillings. m BRITISH INDIA. I '0 The criminal jurisdiction was given to the Governor and Council, Avho were appointed Justices of the Peace, with power to hold Courts of Quarter Sessions, and Oyer and Terminer and Gaol Delivery, for the trial of all offences except treason, committed within the said towns, or within any of the factories subor- dinate, or within ten miles of the same. They were also empowered to grant probates of wills. By the Charter of the 26th George II. upon the surrender of the previous Charter, the Mayor's Court and the Coui-t of Oyer and Termiuer and Gaol Delivery were again estabhshed at the tlu-ee Settle- ments, and similar provisions made — with this differ- ence, that the native inhabitants of the respective toAvns Avere excepted from the civil jurisdiction of the Mayor's Court, unless with theii- own consent ; and the criminal jurisdiction of the Court of Oyer and Terminer was limited to the trial of offences com- mitted within the said towns, or within any of the factories or places subordinate thereto, the words " or ■\vithin ten miles of the same " being left out. A Court of Requests was also established, to which natives were liable for suits under five pagodas. By the Act 13th George III. c. 63, so much of the said charter as related to the establislmient of the Mayor's Court at Calcutta Avas cancelled, and His ]\Iajesty was empowered to grant a Charter or Letters Patent for the erection of a Supreme Court of Judi- cature at Fort WilUani in Bengal, to consist of a Chief Justice and three other Judges, being barristers of England or Ireland, of not less than five years' 76 ADMINISTRATION OF JUSTICE standing. And the Supreme Court was accordingly constituted by Royal Charter, dated the 6th March, 1774. By the 37th George III. c. 142, s. 1, the number of Judges was reduced to a Chief Jiistice and two other Judges, and the Court now consists of that number, the qualification of the Judges being the same. The Court exercises civil and criminal jurisdiction, the former under the different heads of Common Law, Equity, Ecclesiastical, and Admiralty, and the latter as a Court of Oyer and Terminer. The Judges are also Commissioners of the Court for Relief of In- solvent Debtors, established by the Act 9th George IV. c. 73. The Supreme Court appoints its own ministerial officers ; and the same persons may hold offices on different sides of the Court at the same time. The officers are paid by salaries. The whole annual expense of the Court is 471,248 rupees, of which 208,367 rupees are for the salaries of the Judges, and 262,880 for the salaries of the officers and other ex- penses attending their establishments. This is exclusive of the emoluments of the Registrar, who is paid by a commission on the estates of persons dying intestate. The Court is also authorised by its Charter to admit and enrol such and so many advocates and attornies as shall seem meet ; and no other persons but such advocates and attornies are allowed to plead or act for the parties. The general qualification for an advocate of the Supreme Court is, that he shall produce a certificate IN BRITISH INDIA. 77 of having been called to the bar in England or Ireland, or of bemg entitled to practise as an advocate in the principal Courts of Scotland, except the Judges shall see fit to dispense with the same. The qualification for admission as an attorney is, that the applicant has been admitted an attorney of one of Her IMajesty's Principal Courts of Record in England or Ireland, or a writer to the Signet in Scot- land, or a member of the Society of Sohcitors prac- tising before the Court of Session there, or that he has served a regular clerkship of five years, under a contract in writing to some attorney practising in the Court, or that he is or has been a principal clerk to one of the Judges. The advocates and attornies practise on all sides of the Court, under the same professional designations as in England. The local jurisdiction of the Supreme Court is lin)ited to the town of Calcutta, which for this pur- pose is bounded on the west side by the river Hooghly, and on the other sides by what is called the INlahratta Ditch. Within these limits the Court exercises all its jmisdictions, civil and criminal, over all persons residing within them, with the exception of its ecclesiastical jurisdiction, which has not been applied to Hindoos and IMahommedans beyond the granting of probates of wills. The persons residing within these limits, and there- fore subject to the local jurisdiction of the Supreme Coui't, are computed, according to the latest informa- tion, at about 400,000. 78 ADMINISTRATION OF JUSTICE Secondly. In like manner the Court exercises all its jurisdictions over all British-born subjects, that is, persons who have been born within the British islands, and their descendants, Avho are resident in any of the provinces which are comprehended within the Presi- dency of Bengal, or the North -Western Provinces. The number of persons so subject to the juris- diction of the Coiu't, including the members of the Covenanted Services, civil and military, but exclusive of the Queen's troops and their families, was, on the 30th March, 1851, according to the Parliamentary census returns, 22,387, and is now probably larger. Thirdly. AU persons resident at any places within the said provinces, who have a dwelling-house aud servants in Calcutta, or a place of business there where they carry on any trade, through their agents or servants, are held to be constructively inhabitants of Calcutta for the purpose of liability to the common law and equity jurisdictions of the Court. Pourtlily. Natives of India, within the said provinces, who have bound themselves upon any con- tract or agreement in writing with any British sub- ject, where the cause of action exceeds the sum of 500 rupees, to submit to the jurisdiction of the said Court, are subject to its jurisdiction in disputes re- lating to the said contract. Fifthly. In like manner, persons who avail them- selves of the Com't's jurisdiction for any purpose, are held liable to its jurisdiction in the same matter, even on other sides of the Court than that of which they have availed themselves; as, for instance, persons IN BRITISH INDIA. 79 who have appHed for and obtamed probates of wills, are held liable to the Court's equity jui'isdiction for the due administration of the estate. Sixthly. All persons ^yho, at the time of action brought or cause of action accrued, are or have been employed by, or directly or indirectly in the service of, the East India Company, or any British subject, are liable to the civil jurisdiction of the Court in actions for wrongs or trespasses, and also in any civil suit by agreement of parties in writing to submit to the jurisdiction of the said Court : and all persons who, at the time of conmiitting any crime, misde- meanor, or oppression, are or have been employed, or directly or indirectly in service as aforesaid, are liable to the criminal jurisdiction of the Court. Seventhly. The Admiralty jurisdiction of the Court extends over the provinces of Bengal, Behar, and Orissa, and all other territories and islands adjacent thereto, which at the date of the charter were or ought to be dependent thereon, and comprehends all causes, civil and maritime, and all matters and con- tracts relating to freights, or to extortions, trespasses, injmies and demands Avhatsoever between merchants or owners of ships and vessels employed or used within the jurisdiction aforesaid, or other persons, contracted, done, and commenced in or by the sea, public rivers, or creeks, or within the ebbing and flowing of the sea about and throughout the said three provinces and territories. The criminal juris- diction extends to all crimes committed on the high seas by any person or persons whatsoever in as full 80 ADMINISTRATION OF JUSTICE and ample a manner as tlie jurisdiction of any otlier Court of Admiralty in any colony or settlement be- longing to the Crown. Lastly. The Supreme Coiu-ts at Calcutta, Madras, and Bombay have criminal jurisdiction over all British subjects for crimes committed at any place within the limits of the Company's Charter, that is, any part of Asia, Africa, or America, beyond the Cape of Good Hope to the Straits of Magellan, or for crimes committed in any of the lands or territories of any Native Prince or State, in the same way as if the same had been committed within the territories sub- ject to the British Government in India. The law administered in all cases, except as herein- after mentioned, is as follows : — First. The Common Law as it prevailed in Eng- land in the year 1720, and which has not subsequently been altered by Statutes especially extending to Lidia, or by Acts of the Legislative Council of India. Secondly. The Statute Law which prevailed in England in 1726, and which has not subsequeutly been altered by Statute especially extending to India, or by the Acts of the Legislative Council of India. Thirdly. The Statute Law expressly extending to India, which has been enacted since 1726, and has not been since repealed, and the Statutes which have been extended to India by the Acts of the Legislative Council of India. Eom'thly. The Civil Law as it obtains in the eccle- siastical and Admiralty Courts. Fifthly. Regulations made by the Governor- IN BRITISH INDIA. 81 General in Council, previously to the 3rd and 4th Will. IV. c. 85, and registered in the Supreme Court, and the Acts of the I>egislative Council of India made luider the 3rd and 4th Will. IV. cap. 85. The exceptions are Hindoos and Mahommedans in the following cases : — Eirst. Actions regarding inheritance and succession to lands, rents, and goods, and all matters of contract and dealing between party and party in which both parties are Hindoos. Such cases are to be deter- mined by the laws and usages of Hindoos. Secondly. Actions of the same kind where both parties are Mahommedans, and in these the case is to be determined by the laws and usages of Mahom- medans. Thirdly. Actions of the same kind where only one of the parties is a Mahommedau or Hindoo ; and these are to be determined by the laws and usages of the defendant. The procedure on the different sides of the Court is similar to the procedure of the corresponding Courts in England, with this difference, that, as directed by the Charter, the vivci voce examinations of witnesses are taken down in writing, and the deposi- tions are signed by the witnesses. The new rules in law and equity passed from time to time in this country are quickly adopted by the Judges in India, as far as circumstances will admit, and applied with the requisite modifications to their own practice. The suits are generally of the same description as in England ; those on the common law" side behig G 82 ADMINISTRATION OF JUSTICE very similar to the cases at nisi priiis. They are tried, however, without a jury, the Judges determining both fact and law ; though the latter, when points are raised, is commonly reserved, as in England, for further ar- gument. Calcutta is a commercial to'mi, almost aU the Euro])ean inhabitants, with the exception of the Company's servants and professional persons, being engaged in commerce. The common law suits are therefore much of the mercantile character, the equity suits are most commonly between natives, and then generally relate to wills, or the succession to intestate estate, or the partition of joint property, and fre- quently involve questions of Hindoo law, and matters of account. In aU suits, where the property in dispute is of the value of 10,000 rupees, there is an appeal to Her Majesty in Council. When a suit is appealed, it is the practice for the appellant to take two examined copies of the whole proceedings, including the de- positions of the witnesses, which are committed to some trustworthy person, usually the master of a ship, to be delivered to the proper officer in this country. So much of the Charter of 1726 as related to the Mayor's Court at Madras, or to the President and Council, as a Court of Appeal therefrom, or of Oyer and Terminer and Gaol Delivery, was cancelled by the Act 37 Geo. HI. c. 142 ; and by virtue of letters patent, issued in pursuance of the Act, a Court of Record was established within the settlement of Madras, called the Court of the Recorder of Madras IN BRITISH INDIA. 83 with sucli civil, criminal, and ecclesiastical juris- diction, and with such powers and authorities, as in the said letters patent mentioned. The Recorder's Com't at JMadras was abolished by the Act 40 Geo. III. c. 79 ; and by letters patent, dated the 26tli December 1800, and issued in pur- suance of the Act, the Supreme Court of Judicatxire at Madi'as was established, to be a Court of Record, and consist of a Chief Justice, and two other Judges, who should be Barristers in England or Ireland of not less than five years' standing. The Court has generally the same powers, and its jurisdictions are generally the same, within the settle- ment of Madras, as those of the Supreme Court of Judicature at Port William within the territories attached to the Presidency of Bengal and the North- West Provinces. The local jurisdiction of the Court is confined to the town of Madras, which for this purpose is held to be bounded by the sea on the east, the Saint Thome river on the south, the banks of the Long Tank and the Nungumbaukum Tank, with the villages of KU- paukum and Peramboor on the Avest, and a line from the latter village to the sea on the north, and to com- prise all the lands included in the villages of Chettapet, Kilpaukum, Peramboor, and Tandear. The inhabi- tants of Madras within these limits are computed at about 720,000. The British subjects residing within the provinces attached to Madras, and subject to the jurisdiction of the Supreme Court, were, on the 30th March G 2 84 ADMINISTRATION OF JUSTICE 1851, according to tlie Parliaraenlary Census Returns, 15,133, including the civil and military members of the Covenanted Services, but exclusive of the Queen's troops. The Court's civil jurisdiction extends to British subjects within any of the dominions of the native Princes of India in alliance with the Govern- ment of Madras. So much of the Charter of 1726 as related to the Mayor's Court at Bombay, or to the President and Council as a Court of Appeal, or of Oyer and Ter- miner and Gaol Delivery for the town and island of Bombay and the limits thereof, was cancelled by the Act 37 Geo. III. c. 142 ; and by vu-ttie of letters patent issued in pvirsuance of the Act, a Coiu't of Record was established within the settlement of Bom- bay, called the Court of the Recorder of Bombay, with the civil and criminal jurisdiction in the letters patent mentioned. The Recorder's Court at Bombay continued till the 4th Geo. IV. c. 71, when it was sviperseded by letters patent, bearing date the 8th of December 1823, and issued in pursuance of the Act, consti- tuting the Supreme Court of Judicature at Bombay to be a Court of Record, and consist of a Chief Justice and two other Judges, who should be Bar- risters of England or Ireland of not less than five years' standing. The local jurisdiction of the Com't is confined to the Island of Bombay, the inhabitants of which are computed at 566,119. The British-born subjects who reside within the IN BRITISH INDIA. 85 provinces comprised in tlie Presidency of Bombay, including the Covenanted Servants of the Company, were, on tlie SOtli March 1851, according to the Par- liamentary Census Retm-n, 10,704, exclusive of the Queen's troops. The Supreme Courts at Madras and Bombay have generally the same powers, and theu* jurisdictions are generally the same within the settlements of Madras and Bombay, as those of the Supreme Com't of Judicature at Port WiUiam within the territories attached to the Presidency of Bengal and the North- West Provinces. SECT. III. — LAWS AND JUDICIAL PROCEDURE APPLIC- ABLE TO THE NATIVE POPULATION OF INDIA — CIVIL COURTS — CRIMINAL COURTS AND POLICE. The native population of India is now under a sys- tem of judicial administration. Civil and Criminal, which has been organized by the Anglo-Indian Go- vernment, founded on pre-existing native systems of jurisprudence. On the Hindoo and Mahommedan stock have been grafted, from time to time, modifi- cations resulting from legal precedents and construc- tions, which have been, in the Regulation Provinces of India, embodied into a system by successive enact- ments, though at present no uniformity exists. " The Com'ts profess to administer to every man the law of his own religion, country, or tribe, and, where the plaintiff and defendant are of difi'erent tribes, to de- 86 ADMINISTEATION OP JUSTICE cide according to tlie custom of the country, or the law of the defendant." * An exception must here be noted in respect to the Presidency of Bombay, which has a special code of its OA^ai, compiled dm'ing Mr. Elphinstone's Govern- ment, and called after his name. It affects natives only, and is both Civil and Criminal. Its chief ope- ration is in regulating Civil procedm-es. The Ma- hommedan law may be said to be unknown in the Bombay Presidency, except as to inheritance and similar matters among jMahommedans. Civil The Constitution and Procedure of the East In- dia Company's Courts of Civil Judicature are in then* main features alike throughout India, though in the practice of the Courts and titles of the functionaries differences are observable in the judicial machinery now existing in the different Presidencies. The inferior Civil Courts of Justice are, as has been stated, almost entirely in the hands of Native Judges. The lowest and most numerous class of these is that of Moonsiffs,t to each of whom a small district is allotted, and who have power to try all causes affecting real or personal estate in which the amount in dispute does not exceed 30/.]: Candidates for Moonsiffships are annually examined, and those qualified receive diplomas, Avhich render them eligible * Vide Campbell's " Lidia as it is," p. 535. t Ai'abic, judge, from insaf, justice ; literally, dividing in half. I In Madras and Bombay the Moonsiffs have larger juris- diction, extending to 1002. in the former, and 5002. in the latter Presidency. IN BRITISH INDIA. 87 for appointments. These diplomas are generally ob- tained by the pleaders practising in the Courts, called Vakeels.* There are two grades ofMoonsiff: lOZ. per month is the usual allowance for the lower, and 15/. per month for the superior grade, to which they are promoted according to merit. The next rank of Civil Judges above Moonsiffs is that of Sudder Aumeens,f also Natives, who have power to try all causes between 301. and 100/. in amount, and who receive salaries of 25/. per month each. Immediately above the Sudder Aumeeus comes the thu'd and highest grade of Native Judges, called the Principal Sudder Aumeens, who try suits from lOOZ. and upwards to any amount. Of these Judges there are two grades ; 40/. per mouth is the usual allowance of the lower, 60/. of the superior grade, which is the reward of merit. The next Court of Civil Justice above that of the Principal Sudder Anmeen, is that of the Zillahj Judge, who is a Em'opean functionary belonging to the Cove- nanted Service (and who is invested, besides his powers as CivU Judge, with criminal jurisdiction hereafter to be noticed). To the Zillah Judge an appeal lies from the decisions in original suits of the Moonsiffs and Sudder Aumeens, also from the deci- sions of the Principal Sudder Aumeens up to 500/. ; * Arabic, general word for agent or attorney. f Ai-abic, literally "chief trustees." I A Zillah is a large division of country. 88 ADMIHISTBATION OF JUSTICE but the Zillali Judge has power to refer to the Princi- pal S udder Aumeens appeals from the Moonsiffs aud Sudder Aumeens, and of this power he makes large use. The Zillah Judge, in the Madras Presidency, tries aU original suits above 1000^., if he has not re- ferred them to his Principal Sudder Aumeen, which he may do. In the trial of civil suits, original or appeal, it is competent to the European Zillah Judge to avail him- self of the assistance of Natives in one of the three following modes : — 1. By a Punchayet,* or Com-t of Arbitrators (generally five) chosen by the parties, vrho conduct their inquiries on points submitted to them apart from the Coiu't, and malce their report to the Ju.dge. 2. By Native Assessors who sit with the Judge, make observations, examine witnesses, and offer opinions and suggestions. 3. By a Jury who attend during the trial, and, after consultation, deliver in their verdict. Under all these modes of procedure, the decision is, however, vested solely and exclusively in the Judge. It may here be remarked that the mode of pro- cedure adopted in all the Courts above-mentioned is generally the same. AU pleadings are in writing. The plaint must be lodged on a stamp of a value proportioned to the sum claimed. Attached to the " declaration " is a power of attorney naming a licensed pleader. A formal notice is served on the defendant, or stuck up in the village where he is sup- * Froxapuiij m" pauch, the Perbiau or Hiudoo woiil for five. IN BRITISH INDIA. 89 posed to reside, aud he is required to file an answer and defend the cause within a certain number of days. The pleadings, aU of which are on stamped paper, then go on till all the points of law and fact being raised for decision, issue is joined. The witnesses who may be called on either side are not subject to cross-examination. In carrying out the process of the Courts, execution is enforced either by distress of personal property, or sale of landed rights, which latter are at once sold to the highest bidder in satisfaction of the decree. From the decisions of the ZUlah Judge, by which- ever of the processes above indicated they may be arrived at, an appeal lies to the High Court of CivU Justice, called the Sudder DeAvamiy Adawlut.* There are four of these J-Iigh Courts of Civil Justice in India, possessing co-ordinate jurisdiction within thek respective hmits. At Calcutta for Bengal, at Madi'as and Bombay for those Presidencies respectively, and at Agra for the North-West Provinces. In the Cal- cutta Court there are five Judges, in that at Bombay fom-, at Madras three, a Member of Council being added as President of the Court at the two last-named Presidencies. In the Court at Agra there are tlu-ee Judges. In all the Courts the Judges are selected from members of the Covenanted CivU Service of considerable standing in the judicial department. * The words axe Persian. Sudder means chief or first of anything; Deivan, accountant ; and Adawlut, court of justice. Bewanny is generally used in India to signify the civil govern- ment. 90 ADMINISTRATION OP JUSTICE The Sudder Dewanny Adawlut exercises no origi- nal jurisdiction. It is tlie Court of final appeal in each Presidency, and controls all the subordinate civil tribunals. Besides regular appeals from the original decisions of the European Zillah Judge, and iu certain cases from those of the Principal Sudder Aumeen, the Court is competent to admit second or special appeals from decisions of the Courts below. The grovmds for special appeal are, when the judgments shall appear inconsistent with law or the practice and usage of the Com'ts. The power thus given to the Sudder, or High Civil Courts of hearing special ap- peals, extends their means of supervision, and brings judicially before theiu the proceedings and decisions of all classes of judicial offenders, and affords opportu- nity for correcting errors, it being one of their duties to regulate the practice and proceedings of the lower Courts, each judicial officer of which is required by law to record his decisions and the reasons for them in his own vernacular tongue. This process is sup- posed to afford the Sudder Court means of judging correctly of the individual qualifications of their sub- ordinates. In the trial of appeals, the proceedings of the lower tribunals are read before one or more Judges. A single Judge is competent to confirm a decree. Two or three sitting together must concur for its reversal, whether the appeal be regular or special. The Sudder Courts sit daily, except during the Dusserah * and the Mohurrum,* when all civil proceedings are suspended. The salaries of the * The great Hindoo and Mahommedan anniversaries. IN BRITISH INDIA. 19 Judges of the Sudder Coui'ts are not uniform, but none receive less than 4200/. per annum. From the decisions of the Sudder Courts an appeal lies to the Queen in Council in cases where the amount in htigation is not less than 1000/. The petition for an appeal must be presented to the Sudder Court within six months from the decree, and accompanied with security for the respondent's costs, now fixed at 500/., which may be either nloney, or Government secm'ities, commonly called ' Company's paper ' or a Mai Zaminy or land mortgage. Pending the appeal the Sudder Court may either cause their judgment to be executed provisionally, or suspend it, according to their discretion. The administi-atiou of the Criminal Law in India Criminal differs materially in the different Presidencies. But it may be said generally, that its basis is the Mahom- medan Law, modified by the Acts and Regulations of the British Government. Before noticing the higher departments of Criminal Administration in India, it may be observed that the powers of Magistrates appointed by the Government in the Presidency Towns, have been defined from time to time at Calcutta, Madras, and Bombay, by the pro- visions of Imperial Statutes and local Acts and Regu- lations. The gradations in the authority of the Magistrates and Criminal Courts are for the most part alilve in all the Presidencies. In the Mofussil, or Country Dis- tricts of Bengal, the system of Criminal Administra- tion is as follows : — Each district is committed to a 92 ADMINISTRATION OF JUSTICE Magistrate, and contains fifteen or twenty subdivisions or " Thanahs," each of which is placed under a sub- ordinate oflScer, called a Thanadar or Darogah. Each of these last-named functionaries has under him the following establishment : — a Clerk or writer, a " Je- madar" or sergeant, and twenty or thirty poUcemen. The Darogahs are generally Mahommedans or Hin- doos. Besides this machinery for the apprehension of criminals, there are also a large number of village pohce or watchmen, appointed by the village Com- mittees, or by the Zemindars. These functionaries, who are not generally supposed to be very efl&cient, amount, in Bengal Proper, to the large number of 170,000. The Darogahs, or Inspectors of Pohce, are invested vsrith a certain measure of summary authority in cases of afirays, disturbances of the peace, &c., but are bound to bring all other matters under the pre- vious cognizance of the Magistrate, who has the power of punishment to the extent of imprisonment for two years in certain cases, in some others for three years ; but ordinarily his power extends to imprison- ment for six months, and a fine of 200 rupees, and if the fine be not paid, to a further imprisonment of six months. Corporal punishment was abolished by Lord Wmiam Bentinclc, but has since been revived in case of theft, where the property stolen does not exceed fifty rupees in value, and for juvenile offenders, as well as in certain crimes committed by convicts. The Sessions Judge is the officer next in the ascend- ing scale of rank, and appeal hes to him in certain cases from the Magistrate. He is the same individual IN BRITISH INDIA. 93 who acts in a Civil capacity, as before mentioned, as "Zillah" Judge. In Bengal his original jurisdiction is limited to offenders committed by the Magistrate to take their trial at the Sessions. In Madras, the Sessions Judge is aided by a subor- dinate Judge, who acts as Committing officer instead of the Magistrate. In Bombay, the Sessions Judge is aided by an officer called the " Assistant Sessions Judge." The Sessions Judge has the power of punishment to the extent of nine years' imprisonment, and, in certain aggravated cases, of sixteen years. All cases involving punishments above those limits are referred to the Sudder Court, which is composed of the same Judges as the Supreme Court of Civil Appeal, and is called the Sudder Nizamut* Adawlut, in Bengal, the Poujdaryt Adawlut, in Madras and Bombay. This Com-t decides on the record and report of the Sessions Judge. It never hears oral evidence ; but if the case requii'es more elucidation, sends it back to the Sessions Judge, with orders to take further evidence on par- ticulai- points ; and its ultimate decision is final. If the Judges of the Nizamut concm- in the verdict of the Lower Court, and the prisoner be considered deserving of a higher degree of punishment than could be awarded by the Sessions Judge, he uiay be * Nizamut is an Arabic word, which means " arrangement, or reducing to order," and governors of provinces under the Mahommedan Government were sometimes designated by- names derived from the same root, as the Nazim and the Nizam. f From Foujdar, theGeneral, or holder of afouj or army. 94 ADMINISTRATION OF JUSTICE sentenced to suffer death, or to undergo imprison- ment for twenty-one years; but if sentenced to imprisonment for life, then transportation for life, either to the penal settlements of Singapore, Penang, or Malacca, the Tenasserim Provinces, Arracan, or Aden, would be substituted ; but no native of India can be transported beyond the Company's terri- tories. If the case be not capital, it is decided by the sentence of a single Judge. Sentences of death require the concurrence of two Judges. The Government has the power of pardon or mitigation, but it is seldom exercised. There are in Bengal two modes of trial, in one of which a Mahouimedan law officer, or Assessor, ex- pounds the law ; but if the prisoner is not a ]\Iahom- medan, he may refuse to be so tried, and for such cases there is a system of Juries, or Assessors, or Punchayet. The Sessions Judge may reject the opinion of the Mahommedan law officer, on points expressly provided for by the Regulations, and that opinion may be overridden altogether by the Sudder Com't. When the case is tried with a Jury, or Punchayet, the decision may be overruled, and sentence awarded to the extent of the Judge's com- petence. Cases tried by the Magistrate are generally prosecuted by the party injured. With respect to Madras and other parts of British India, except Bombay, it may be stated generally tliat the system of criminal administration, though differing in some particulars, is based on the same general principles as that existing in Bengal. The IN BRITISH INDIA. 95 Police, who are, in Bengal and Bombay, placed under the command in chief of a superintendent, specially charged with that duty, are, in Madras, placed under the Governor in Council, and in the North-West Provinces under the Commissioners of Revenue. In the Punjaub there is a military preventive Police of foot and horse, Avho furnish guards for jails, trea- sm'ies, frontier-posts, and escorts of treasure. It may also be noticed that, with respect to the professional criminals peculiar to India, and called Thugs and Dacoits, a special Police invested with summary powers, is organized under one superh)- tendent for all India. SECT. IV. — THE INDIAN LAW COMMISSION. Reforms in the Laws, Judicial Establishments, and procedure of British India, have been now under the consideration of the Imperial Parliament and of the Indian Government for a quarter of a century. Though no practical result has been yet attained, a brief notice of the origin, progress, and present stage of these investigations seems an essential appendix to any sketch of the existing system of Judicial Administration in British India. In 1S33, by s. 53 of statute 3 and 4 William IV. cap. 85, the Governor- General of India in Conned was empowered to appoint a Commission, not exceed- ing five nrembers, to inquire into and report upon the 96 ADMINISTRATION OF JUSTICE Jurisdiction of the existing Courts of Justice, and tlie operation of tlie Laws in India, with a view to their consoHdation and amendment. The sections of the statute relating to the appointment of this Commis- sion are as follows : — S. LIII. Whereas it is expedient that, subject to such special An-angements as local circumstances may require, a general System of Judicial Establishments and Police, to which all Persons whatsoever, as well Europeans as Natives, may be sub- ject, should be established in the said Territories at an early Period, and that such Laws as may be applicable in common to aU Classes of the Inhabitants of the said Territories, due Regard being had to the Eights Feelings, and peculiar Usages of the People, should be enactcid, and that all Laws and Cus- toms having the Force of Law within the same Territories should be ascertained and cons olidated, and as occasion may require amended : be it therefore enacted, that the Governor- General of India in Council shall, as soon as conveniently may be after the passing of this Act, issue a Commission, and from time to time Commissions, to such persons as the said Court of Directors, with the approbation of the said Board of Com- missioners, shall recommend for that purpose, and to such other persons, if necessary, as the said Governor- General in Council shall think fit, all such persons, not exceeding in the whole at any one time five in number, and to be styled " The Indian Law Commissioners," with all such powers as shall be ne- cessary for the purposes hereinafter mentioned ; and the said Commissioners shall fuUy inquire into the Jurisdiction, Powers, and Eules of the existing Courts of Justice and Police Esta- blishments in the said territories, and all existing forms of ju- dicial procedure, and into the nature and operation of all laws, whether civil or criminal, written or customary, prevailing and in force in any part of the said territories, and whereto any inha- bitants of the said ten-itories, whether Europeans or otliers, are now subject ; and the said Commissioners shall from time to time make Eeports, in which they shall fully set forth the result of their said inquiries, and shall from time to time suggest such alterations as may in their opinion be beneficially made in the IN BllITISH INDIA. 97 said Courts of Justice and Police Establishments, forms of judi- cial procedure and laws, due regard being had to the distinction of castes, differences of religion, and the manners and opinions prevailmg among different races and in different parts of the said territories. LIV. And be it enacted, that the said Commissioners .shall follow such instructions witli regard to the researches and m- quiries to be made and the places to be visited by them, and all their transactions with reference to the objects of their Com- mission, as they shall from time to time receive from the said Governor-General of India in Council ; and they are hereby required to make to the said Governor-General in Cormcil such special Eeports upon any matters as by such instructions may from time to time be required ; and the said Governor-General in Council shall take into consideration the Eeports from time to time to be made by the said Indian Law Commissioners, and shall transmit the same, together vsrith the opinions or resolutions of the said Governor-General in Council thereon, to the said Court of Directors ; and which said Eeports, together with tlie said opinions or resolutions, shall be laid before both Houses of Pai'liament in the same manner as is now by law provided concerning the rules and regulations made by the several Governments in India. LV. And be it enacted, that it shall and may be lawful for the Governor- General of India in Comicil to grant salaries to the said Indian Law Commissioners and tlieir necessai-y offi- cers and attendants, and to defray such otlier expenses as may be incident to the said Commission, and that the salaries of the said Commissioners shall be according to the highest scale of remuneration given to any of tlie officers or seiTants of the India Company below the rank of Members of Council. Ill piirsiiauce of the powers thus couferred, aii Indian Law Commission was, in the year 1834, ap- pointed. It consisted of five Members — the Legis- lative Councillor appointed under the Act of 1833 (Mr. IMacaulay), another English barrister, and three Civil Servants, one from each of the three Presidencies. II 98 ADMINISTRATION OP JUSTICE The question with what part of the Law the Com- missioners should begin, was determined by the Go- vernment. Their first work (which occupied about two years) was to prepare a single Penal Code for all British India. By this Code (known as Macaulay's Code) the Mahommedan Criminal Law was to be swept away, and that substituted was to apply to all classes of persons without exception ; but the penal- ties were to be varied according to the diversities of birth, class, and circumstances. This Code was after- wards recast under the auspices of Mr. Bethune, who subsequently held the office of Legislative Councillor, but, in consequence of differences of opinion at home and in India, has never received authoritative sanc- tion. Other suggestions relating to the Administration of Civil Justice were made by the Law Commission, as for a Model Civil Court and a plan of civil pro- cedure, under which the administration of law and equity was to be united, and the whole case brought under the cognizance of one Judge, while small-cause judicature was not to be committed to inferior Judges, but all causes, whatever their amount, were to be cog- nizable in the same Courts. In regard to Appeals, the scheme of the Law Commission was, to have a General Court of Appeal in each Presidency, consist- ing of the Judges of the Supreme Courts and the Judges of the Sudder Courts, which should receive appeals both in civil and criminal cases, and from all the Courts in the country. The Mahommedan law IN BRITISH INDIA. 99 was to be codified ; the Hindoo law was to be codi- fied, and a third ci^'iI code, the lex loci, was to be apphcable to all but Mahommedaus or Hindoos.* The conflict of opinion both in England and in India as to the various suggestions ofiered by the Law Commission having rendered its inquiries practically inoperative, the vacancies arising in it fi-om time to time by death or resignation were not filled up, and it was thus permitted to become gradually extinct. In 1853, by s. 28 of statute 16 and 17 Vict, cap. 95, Her Majesty was empowered to appoint Commissioners in England to consider and report upon the Reforms proposed by the Indian Law Com- missioners, appointed under the provisions of statute 3 and 4 Will. IV. cap. 85. The section of the Act of 1853, relating to the appointment of this second Commission, is as fol- lows : — XXVIII. AYliereas by the Act of the third and fourth years of King William the Fourth it was provided, that Com- missioners to be appointed thereunder, and to be styled the Indian Law Commissioners, should inquu'e into the juris- diction, powers, and rules of the existing Courts of Justice and Police Establishments in the said territories, and all ex- isting Forms of Judicial Procedm'e, and into the nature and operation of all Laws, whether civil or criminal, written or customaiy, prevailing and in force in any paj-t of the said ter- ritories, and should from time to time make reports, in which * Certain parts of the ha; loci Code, which protect converts from Mahommedanism and Hindooism from loss of ances- tral or other property, which tliey previously incurred, have since become law. H 2 100 ADMINISTRATION OF JUSTICE they should fully set forth tlie result of their inquiries, and should from time to time suggest such alterations as might in their opinion be beneficially made in the said Courts of Justice and Police Establishments, Forms of Judicial Proce- dm-e, and Laws, due regard being had to the distinction of castes, difference of religion, and the manners and opinions prevailing among different races and in different parts of the said territories. And Whereas the Indian Law Commissioners from time to time appointed under the said Act have, in a series of Reports, recommended extensive alterations in the Judicial Establishments, Judicial Procedure, and Laws esta- blished and in force in India, and have set forth in detail the provisions which they have proposed to be established by Law for giving effect to certain, of their recommendations, and such Reports have been transmitted from time to time to the said Court of Directors ; but on the greater part of such reports and recommendations no final decision has been had : It shall be lawl'ul for Her Majesty, at any time after the passing of this Act, by Commission under the Eoj-al Sign Manual, to appoint such and so many persons in Englatid as to Her Majesty may seem fit to examine and consider the re- commendations of the said Indian Law Commissioners, and the enactments proposed by them for the reform of tlie Ju- dicial Establishments, Judicial Procedure, and Laws of India, and such other matters in relation to the reform of the said Judicial Establishments, Judicial Procedure, and Laws, as may, by or with the sanction of the Commissioners for the aifau-s of India, be referred to them for their consideration, and to authorise and direct the persons so appointed, or such number as may be limited by their commission in this behalf, to report then' opinion to Her Majesty on the matters afore- said, and especially to report from time to time what Laws or Regulations should be made or enacted in relation to the matters aforesaid, but so that every such report be made within three years after the passing of this Act ; and for the purposes of such examination it shall be lawful for Her Majesty to authorise the persons so appointed, or the number limited by the Commission in this behalf, to call before them and examine in England such persons in tlie service of the Crown and the said Company respectively, and to require the IN BRITISH INDIA. ]01 production of such official documents in the possession of tlie Board of Commissioners for the affairs of India, or of the said Company, as they may think fit. In pursuance of tlie powers thus reserved to Her Majesty, a Commission was issued under tlie Royal Sign Manu.al, dated November 29, 1853, appointing Sii- Jolm Romilly, Sir John Jervis, Sk Edward Ryan, C. H. Cameron, J. M. Macleod, J. A. F. Hawkins,* T. F. Ellis, and R. Lowe, Esquu-es, to be members of the said Commission, and authorising them, or any three or more of them, to make a diligent and fuU inquiry into and to examine and consider the re- conmieudations of the Indian Law Commissioners, and the enactments proposed by them for the reform of the Judicial Establishments, Judicial Procedure, and Laws of India, and such other matters in relation to the reform of the said Judicial Establishments, Ju- dicial Procedure, and Laws, as might, by or with the sanction of the Commissioners for the affahs of India, be referred to them for their consideration. And full power and authority was granted to the said Commis- sioners to call before them, or any three or more of them, such persons in the service of the Crown or of the East India Company, and all such other persons as they should judge necessaiy. Also to cause all or any of the officers and clerks in the service of the Crown or of the East India Com- pany to bring and produce before them all records, * By a subsequent Commission, dated Maixh 17, 1854, the name of F. J\Iillet, Esq., was substituted for th.at of Mr. Hawkins, who became Secretary to the Commission. 102 ADMINISTRATION OP JUSTICE orders, books, papers, and other writings in the pos- session of the Board of Commissioners for the affairs of India or the East India Company. And within three years after the twentieth day of August, one thousand eight hundred and fifty-tln-ee, or as soon as the same could conveniently be done, to certify under their hands and seals, what they should have done in the premises. In fulfilment of the duties thus devolved on them, the Commissioners have since presented four Reports, the last of which bears date May 20, 1856. These Reports recommend an amalgamation of the Supreme and Sudder Courts now existing at Calcutta, Madras, and Bombay, respectively, into one Court at each of those Cities, to be designated the " High Court." They also recommend the estabhshment at Agra, where no Supreme Court now exists, of a " High Court" for the North-West Provinces, similar to those proposed for the three Presidencies. They also propound uniform Codes of civil and criminal procedure, applicable both to the High Courts so to be formed, and to all inferior Courts within the limits of their respective jurisdictions. They further recommend that the High Court at Calcutta shall consist of not less than eight Judges — those at Madras and Bombay respectively of not less than five, and that at Agra of not less than four Judges. A proportion of the Judges in each Court to be appointed by the Crown, the others by the Governor-General in Council at Calcutta and Agra ; and by the Governors of Madras and Bombay at IN BRITISH INDIA. 103 those Presidencies respectively. The Judges to be appouited by the Crown, to be selected from Barris- ters of England and Ireland, and members of the Faculty of Advocates in Scotland, of not less than five years' standing. The Judges to be appointed by the Governor-General or other Governors, to be members of the Covenanted CivU Service, of not less than ten years' standing. All the Judges to hold their offices at the pleasm'e of the Crown. Further detailed suggestions Avere also offered as to the civil and criminal jurisdiction, both original and appellate of the High Courts, and as to the area to which the proposed Codes of civil or criminal procedm'e should extend. The Commissioners also advised, that in order to harmonize the system of Civil Law at the capitals and in the Proviuces of India, a body of substantive Civil Law should be constructed on the basis of the law of England to be the Law of India on all the subjects it embraced.* No Legislative Measure has been founded on these Reports, all of which have been sent out to India. The first ou December 12, 1855, the second on Fe- bruary 20, 185G, the third and fourth on June 25, 1856, and are reported to be now under the con- sideration of the Legislative Council at Calcutta. * The Commissioners were not unanimous in tlieir recom- mendations, Mr. Lowe and Cliief Justice Jervis dissenting from tlie 3rd Report, and the latter liaving refused to sign both the 3rd and 4tli Eeports, and after their presentation having formally rethed from the Commission. CHAPTER V. EXISTma REVENUE SYSTEM OF BRITISH INDIA. SouECEs OP Eevenue. — Land — Salt — Opiom — Customs — Miscellaneous. npHE territories comprised in tlie East India Com- pany's Charters form the only portion of the British Dependencies which have hitherto borne the entire cost of their own Civil and Military Adminis- tration. This result has been attained under a Revenue System, inherited from our Mahommedan predeces- sors, engrafted by them on ancient Hindoo customs, and modified from time to time, under British rule, by a series of Regulations, by which the system, as it now exists, has been constructed. The estimate of the total revenues of British India, for the year ending April 30, 1857 (without deduc- tion for costs of collection, allowances, and draw- backs), is as follows : — Land Revenue £16,689,908 Opium 4,487,269 Salt 2,362,308 Customs 2,039,270 All other Sources of Revenue (comprising Stamps, ' Post-Office, Sayer, Abkariy, Mint, Mariae, Pilotage, Judicial, Electric Telegraph Receipts, ^ 3,605,702 Subsidies from Native States, and other Miscel- laneous Revenues Total Revenues i;29,167,457 EXISTING REVENUE SYSTEM. 105 The collection of these revenues forms, as has been already stated, one of the most important duties of the Civil Service in India. These duties are discharged under the general superintendence of Boards of Revenue, of which there are three in India : namely, for Bengal, the North-West Provinces, and Madi-as. The Bengal Board consists of three members, that at Agra, for the North- West Provuices, of two, that at Madras of one Member of Council as President, and three ordinary members. In Bombay there is no Board of Revenue, but two Revenue Commissioners divide the whole territory, and are immediately under the Government. Subor- dinate to these Boards of Revenue, there are also throughout India in all the Revenue "Divisions," officers charged with all details and petty appeals, Avho were first appouited by Lord WUliam Bentinck, and who are, in some cases, exclusively revenue func- tionaries ; in others entrusted also with magisterial and other duties. SECT. I. — LAND BBYENUB. The chief source of revenue in India is the land. This revenue (which as now levied under various systems in the Presidencies of Bengal, Madras, and Bombay, in the North-TV^est Provinces, and in the Punjaub, yielded by the latest retmrns, previous to the recent distm-bances, more than sixteen millions 106 EXISTING REVENUE SYSTEM sterling) is sometimes designated as a tax, sometimes as a land-rent, but is practically an annual pay- ment, levied by the Anglo-Indian Government, and payable (subject to certain exceptions hereafter to be noticed) by all who hold land within the territories of the East India Company. To trace the origin of this tax, or to discuss the various theories relating to it, is beyond the province of these pages ; but in order to a correct appre- hension of the existing system, it wiU be necessary to take a brief review of the modifications to which it has been subjected. The various systems of Administration in respect to the Land Revenue of India, which have from time to time been adopted, and of which distinct and vary- ing samples are now to be found throughout the different Presidencies, have all their foundation in a state of things which existed anterior to the British or even the Mahommedan Conquest. The ancient village* communities which almost everywhere existed in form, more or less perfect — sometimes managed by a single head-man — some- times by a committee of their own number — some- times by Zemindars,! hereditary Hindoo Chieftains, or Bailiffs of Mogul Emperors, were, wherever those * A "village" is not a collection of houses, but a tract of land, bounded and named, and occupied by hereditary culti- vators. t Zemindar. — ^A Persian word, signifying "landholder," origmaUy applied to hereditary Hindoo Chiefs, afterwards to functionai-ies appointed by the Mogul Emperors to collect revenue, receiving a percentage. OF BRITISH INDIA. 107 communities existed, the foundation of tlie Revenue System of India. Where they did not exist, attempts were made to construct imitations of them, in order to provide a convenient machinery for levying that share of the produce of the land which the successive sovereigns of India have claimed ; and which, under our present system of commutation, is said to amount to nearly one-fourth of the gross produce,* or, taking an average of the cultivated lands throughout India, about Ss. Gd. per acre in English money. It was not until a century and a half after the establishment of oiu' first factories in India, that any territorial rights devolved on the East India Com- pany. In 1765, with the grant of Bengal, Bahar, and Orissa, to the Company, by the Mogul, the necessity of providing some Revenue System arose. Por four years the system was carried on by the Native Officers who had been employed in the same service by the Nawab of Bengal. The Zemindars, aided by District-Registrars called Canongoes, contracted with the Government on behalf of the villagers — the revenues being dependent on the produce, and, in some cases, subdivisions of the villages, called * " It is desirable that the Government slioiild not demand more than two-thirds, of what may be expected to be the net produce to the proprietor dui'ing the period of settlement, leaving to the proprietor one-third as his profits and to cover the costs of collection. By net produce is meant the surplus which the estate may yield, after deducting expenses of cul- tivation." — Directions to Revenue Settlement Officers, North-West Provinces, Section 53. 108 KXISTING REVENUE SYSTEM "Pattees" being chief tenants in a corporate capa- city, gave the name to an intermediate tenure called " Patteedaree." In 1769, Supervisors, being covenanted servants of the Company, were appointed in each district to report on the existing Revenue System, with a view to its amendment. In 1772, by Proclamation, dated May 11, the Company asserted their authority under the Mogul's grant to the " Dewannee," or Civil Government, and by Regulations dated May 14, a system of lease for five years to the highest bidder was in- augurated. In 1776, instructions were issued by the Direc- tors, authorising the sale of lands, in default of payment on the part of the Zemindars, or landholders, with whom the Government contracts were made. In 1781, Regulations were framed and passed by the Governor in Council, establishing a plan of annual leases ; preference to be given, in all cases, to the Zemindars. In 1789, by a Minute of the Governor-General (Lord CornwaUis), a Settlement, involving a fixed pay- ment of Revenue for ten years, was announced. In 1793, by Proclamation, dated March 22, the decennial settlement was declared to be permanent and irrevocable for ever, and regulations were framed for carrying it out. In 1799, an Act was passed relaxing the stringent power of sale given theretofore to the Government over the estates of defaulting Zemindars. OF BRITISH INDIA. 109 In 1S02, the permanent Revenue System of Bengal was extended to a portion of the Madras Presidency, in which, under the auspices of Munro, a system had been estabhshed of direct deahng with individual cultivators, on yearly agreements, with allowances for irrigation or other improvements, and providing also for the liability of villages for individual defaults. In 1803-4-5, the district called the Barahmal, in Madras, was mapped out into Zemiudaries, and disposed of on fixed permanent terms.* After many changes and modifications of system, we find — In 1817, three difi'erent systems existing in dif- ferent parts of Madras. 1. The CornwaUis or Ze- mindary System. 2. The Ryotwar or Munro System, above described ; and 3. The Village System of leases for years of all the lands comprised in the village, to- gether with all the profits ; the liability for rent, and the duty of internal management being committed to the leaseholders collectively, f In 1820, the Ryotwar System was made general through all parts of the Madras Presidency not already permanently assessed. In 1821, a Commission was appointed to investi- * A full account of tlie Laud Revenue System, as it existed in 1812, will be found in the Fiftli Report of tbe House of Commons of tliat year. j The first of these systems, the Zemindary, prevailed iu Ganjam, Vizagapatam, Rajahmundry, Masulipatam, Guutoor, Salem, Chingleput, Cuddalore, and the Pollams. The second or Ryotwar — in Malabar, Canara, Coimbatoor, Madura, and Dindigul. The tliird or Village Sj'steni — in the Ceded Distiicts — Nel- lore, Arcot, Palnaud, Trichinopoly, Tinuevelly, and Tanjore. .110 EXISTING REVENUE SYSTEM gate and report upon alleged abuses in the Revenue System of the North- West Provinces, and in 1822, by Regulation VII., a system, of which Mr. Holt Mackenzie was the author, was promulgated, the leading object of which was to combine the advan- tages of the "Ryotwar System with that of village leases. In 1827, by the Bombay Code of Regulations, the work of Mr. Mountstuart Elphinstone, a system was established, which, with subsequent modiBcations here- after to be noticed, still exists. In 1833, by Regulation IX. (under Lord William Bentinck) the settlement of the North- West Provinces was fm^ther carried out, and in 1842 it was com- pleted. In the working of this system native func- tionaries were largely employed. In the North- West Provinces, Madras, and Bombay, the offices of Col- lector and Magistrate were at this time united in the same person. In Bengal they were kept distinct. In 1844, Sinde (in which territory a plan of col- lecting Land Revenue under military superintendence had been attempted by Sir C. Napier) was annexed to Bombay, and partly subjected to the same system with that Presidency. In 1847, a system of thirty years' leases of "Fields" (the name given to so much land as one man and a pair of bullocks could cultivate) was established in part of the Bombay Presidency — the boundaries of the fields to be marked by stones — portions of the terri- tory being also aimually let for grazing grounds. Under this system the dealings of the Government OP BRITISH INDIA. Ill were (on the Ryotwar plan) with the mdividual cultivators, and the fields were to be sold in default of payment. In 1849, the Punjaub system of decennial con- tracts with the vUlage communities for the Land Revenue was established by Lord Dalhousie. In attempting to reduce into chronological order the various changes which have taken place in the Land Revenue System of India, the transitions from one district to another are necessarily so frequent and so rapid, that it is difficult to present the net result of these changes, and the system as it now stands, in an inteUigible form. It will, nevertheless, be seen, that (notwithstanding the sub-divisional rights and titles brought under our notice in any historical survey of In- dian territories, partly by the introduction of Middle- men,* or coUectors of revenue for the Government, partly by the various nomenclatures adopted in difi'er- ent districts for the proprietary body)f the land tenui'es of India fall, in fact, under three great classes. 1. The Zemindary, where the ground is cultivated by tenants under a landlord standing between them- selves and the Government — that landlord being * These Middlemen of India are found under vaiious desig- nations, as the Polygars and Mootadars of Madras ; the Des- sayes and^ Blozumdars of Guzerat ; the Deshraooks of the Deccan and Bombay ; the Taloolidars of the Moguls, &c. t Proprietors and Headmen are variously called Zemindars in Bengal and the North-West Provinces; Bhumyas in Rajpootana; Potails in Malwa, Guzerat, and the Deccan; Merrassidai-s in the Carnatic; Vellalers in the Southern Peninsula ; and Patteedars in tlie Punjaub. 112 EXISTING REVENUE SYSTEM sometimes an hereditary chief, sometimes a mere district officer, sometimes a village corporation. 2. The Ryotwar, where, under all its various modi- fications, the cultivator and the proprietor are identi- cal, and are brought into immediate tenant-relations to the Government. 3. The pure " Village System," prevailing in parts of the Punjaub. The actually existing Land Revenue Systems in Bengal, the North- West Provinces, Madras, Bombay, and the Punjaub, are thus described in a Return recently made in pursuance of an order of the House of Commons : — * Existing lu the Lowcr Provinces of the Bengal Presidency, b^ctJ."' *^^ ^^^^ ^^ ^^^^ ^y Zemindars, on payment of an annual sum fixed in perpetuity in 1793 by Lord Cornwalhs, the estates being hable to be sold in de- fault of payment, under the provisions of Act 1 of 1845. The only land at the disposal of Government consists of estates which have been thus sold, and purchased on the public account. The rate of land- tax is believed to amount, on the average, to about half the rental. Between the actual contractors of the soil in Bengal, and the Zemindar who pays the * Vide Return, " Showing under what Tenures, and subject to what Land Tax, Lands are held in the several Presidencies of India." — Parliamentary Paper, 1857. 112. Also, " A Selection of Papers illustrative of the Character and Results of the Revenue Surveys and Assessments, which have been inti-oduced into the North-West Provinces and Bom- bay, since the Year 1833." — Parliamentary Paper, 1853. 999. Also, " Papers relating to the Revised Survey and Assess- ment of the Madras Presidency." — 1857. 51. OF BRITISH I^DIA. 113 revenues to tlie Government there are several (some- times three or four) intermediate renters or farmers. The system pursued in the North- West Provinces Existing is briefly described in the following extract from theNorth- the " Directions for Revenue Officers," promulgated ^.g^^'imjes. under the authority of the late Lieutenant-Governor, Mr. Thomasou. First. All the inhabited part of the country is di- vided into portions with fixed boundaries, called Me- hals or estates ; on each Mehal a sum is assessed for the term of twenty or thirty years, calculated so as to leave a fair surplus profit over and above the net produce of the land ; and for the punctual payment of that sum the land is held to be perpetually hypo- thecated to the Government. Secondly. It is determined who are the person or persons entitled to receive this sm'plus profit. The right thus determined is declared to be heritable and transferable, and the persons entitled to it are con- sidered the proprietors of the land, from whom the engagements for the annual payment of the sum as- sessed by the Government on the Mehal are taken. Thirdly. All the proprietors of a Mehal are, se- verally and jointly, responsible in their persons and property for the payment of the sum assessed by the Government on the Mehal. When there are more proprietors than one, it is determined according to what rule they shall share the profits, or make good the losses on the estate. If the proprietors are nu- merous, engagements are only taken from a few of the body, who on their own parts, and as representa- 1 114 EXISTlNa REVENTJE SYSTEM tives of the rest, undertake to manage the Mehal, and to pay the sum assessed upon it. The rate of assessment was in the first instance limited to two-thirds of the net produce* of each Mehal or estate, but, on the revision which is about to take place on the expiration of the thirty years which formed the first term of settlement, it has been determined to restrict the demand of the State to one- half of the average net assets. In some districts, such as Goruckpore, the Deyrah Dhoon, and Kumaon, there are large tracts of land in which no private rights exist, and which are conse- quently at the abolute disposal of the Government. These are granted to applicants on favourable terms, such as those mentioned in the foUomng Notification, which was issued in September, 1855 : — 1 . Grants of land for tlie tea cultivation in the Kumaon and Ghurwal districts of the Kumaon province, will be made on tlie following conditions, on application to the Senior Assistant Commissioner of the district. 3. Each grant will he of not less than 900 or more than 2000 acres ; more than one grant may he taken by one person or company, on the applicants satisfying the local authorities, acting under the usual control in the Revenue department, of their possessing sufficient means and capital to undertake an extended cviltivation and manufacture of tea. 3. One-fourth of the land in the grant will be given free from assessment in perpetuity, on fulfilment of the conditions below stated. 4. The term of first lease will he for twenty years ; for tlie first fom- years the grant will he rent free ; in the fifth year, one * By net produce is meant the surplus which the estate may yield after deducting tlie expenses of cultivation, includuig the profits of stock and wages of labour. OP BRITISH INDIA. 115 anna per acre will be charged on three-fourths or tlie assess- able portion of the grant ; two annas per acre in the sixth year ; three annas in tlie seventh year, and so on, one more anna being added in each year, tiU, in the last year, the maximum rate is reached of one nipee per acre. The full assessment on a grant of 3000 acres will thus not exceed 1500 rupees per annum. 5. The following are the j)rescribed conditions of clearance: — At the close of the fifth year from the date of grant, a twen- tietli part of the assessable area ; at the close of die fifteenth year, half of the assessable ai-ea ; and at the close of the last year, tlu-ee-fourths of the assessable area is to be cleared and well stocked with tea plants. 6. In the twenty-first yeai-, on the fulfilment of tlie above conditions, the proprietaiy right in the grant and the right of engagement witli Government shall vest m the grantee, his heirs, executors or assignees, under the conditions generally applicable to the owners of estates in Kumaon ; and the rate of assessment on the lands in the grant, m whatever manner cultivated, shall never exceed the average rate on grain crop lands in the same locality. 7. On failm-e of payment of the iirescrlbed assessment in any year, or of any of the above conditions (the fact of which failure shall, after local inquiry, conducted by the Senior As- sistant Commissioner, be finally determined by the Sudder Board of Revenue), the entire grant shall be liable to resump- tion at the discretion of the Government, with exception of the portion of the assessable ai'ea which may be bond Jide under tea cultivation, and of a further portion of land which shall be allowed in perpetuity free of assessment to the extent of one-fourth of such cultivated area. The portions so ex- empted will remain in the possession of tlie grantee, subject to the usual rates and rules of assessment in the disti-ict. 8. Grantees shall be bound to erect boundary pillars at con- venient pomts round the circuit of a grant within six months from its date ; failing which, such pillai's will be put up by the Government officers, and the cost thereof shall be recoverable from the grantee in the same manner as tlie regulated rate of assessment. 0. No claim to the right and interest in the grant on any T o 116 EXISTING REVENUE SYSTEM transfer by the original grantee, ■will be recognised as valid unless on registry of the name of the transferee in the office of the Senior Assistant Commissioner. 10. So long as Government establishments for the experi- mental growth and manufacture of tea shall be maintained in the Provinces, supplies of seeds and plants will be given gratis to grantees, on application to the Superintendent, Botanical Gardens, North-Western Provinces, as far as may be in his power. Existing The tciiures of land under tlie Madras Presidency Mad^ras.^" are tlius described in a Report recently received from that Government. The Revenue Systems in force in the Madras Presi- dency are the Zemindary, Village joint rents, Ryotwar, Oolungoo. The Zemindary System is also termed the Mootah- dary,* the former designation being usually applied to old ancestral estates, and the latter to those created under the Regulations of 1802. Under this system estates, of greater or less extent according to circumstances, are held by the propi'ie- tors direct from the Government, on payment of a fixed annual sum, or " peishcush." This payment was fixed on the creation of the estate by a calculation of its actual proceeds at the time, and for some years previously, a deduction, generally of from 33 to 15 per cent., being made therefrom to cover the expenses of management, and to constitute (with the fixture revenue of the whole of the culturable lands then waste), the emoluments of the Zemindar or proprietor. * From Mootah, the name given to the subdivision of a dis- trict in the Northern Circars. OF BRITISH INDIA. 117 The Zemiudary tenure prevails chiefly in the Northern Circars, though there are large proprietary estates in other districts, as Madura, Nellore, North Arcot, &c. In the Village-renting System the villagers stand in the Zemindar's position, and jointly hold from the Government. The village is rented to the whole body, or- a section of them, for a term of years, and they make their payments dhect to Government, managing their affau's independently, and allotting the lands for cultivation among themselves. Under the Ryotwar System every registered holder of land is recognised as its proprietor, and pays direct to Government. He is at liberty to sub-let his pro- perty, or to transfer it by gift, sale, or mortgage. He cannot be ejected by Government so long as he pays the fixed assessment, and has the option annually of increasing or diminishing his holding, or of entirely abandoning it. In unfavourable seasons remissions of assessment are granted for entire or partial loss of produce. The assessment is fixed in money, and does not vary from year to year, except in those cases where water is di'awn from a Government source of irrigation to convert dry land into wet, or one into two-crop laud, when an extra rent is paid to Govern- ment for the water so appropriated ; nor is any addi- tion made to the assessment for improvements effected at the Ryot's own expense. The Ryot, under this system, is vktually a proprietor on a simple and perfect title, and has all the benefits of a perpetual lease without its respousibihties, inasmuch as he can 118 EXISTING REVENUE SYSTEM at any time throw up his lauds, but cannot be ejected so long as he pays his dues ; he receives assistance in difficult seasons, and is irresponsible for the payment of his neighbours. The assessment is fixed on each field, and the mode in which this was done is as follows : a certain por- tion of the produce was first set aside from the gross produce as a joint contribution of the Ryot and Grovernment for the pay of village officers, and the remainder divided in certain proportions, the share allotted to Government being commuted into money at the average value of the produce for a period of years antecedent to the settlement. The " Annual Settlements " under Ryotwary are rendered necessary by the right accorded to the Ryot of diminishing or extending his cultivation from year to year. Their object is to determine how much of the assessment due on his holcUng the Ryot shall pay, and not to re-assess the land. In those cases where no change occurs in the Ryot's holding, a fresh Puttah or lease is not issued, and such parties are in no way afiected by the annual settlement, which they are also not required to attend. The greater portion of the Presidency is under Ryotwary. The Oolungoo-renting System prevails only in Tan- jore and TinneveUy, and is not general m either ; its peculiarity consists in the Grovernment demand being dependent on the current price of grain. On the in- troduction of the system, a standard grain assessment was fixed on each village, and also a standard rate. OF BRITISH INDIA. 119 according to whicli the grain deniaud was to be com- muted into money ; but it was, at the same time, arranged, that if current prices in any year rose more than 10 per cent, above the standard commutation rate, or fell move than 5 per cent, below it, the Government, and not the Ryot, was to receive the profit and to bear the loss. The profit up to 10 per cent, remains with the landowners, who also bear all loss by fall of price as far as 5 per cent. The advan- tages of the system are, that the Government partici- pates with the Ryot in the benefit of high prices, while the latter is relieved from loss when prices are much depressed ; its disadvantage consists in the difficulty that is experienced in obtaining accurate and fair returns of the crn'rent prices, which are taken thi'oughout the yeai*. Under the Bombay Presidency, " the revenue Existing management " may be described in general terms as BonfCy" " Ryotwary," implying that, as a general rule, the occupants of Government lands settle for then- land revenue, or tax, with the Government officers direct, and not through a Middleman. It should be under- stood, however, that throughout the Presidency, instances not unfrequently occur in which the Govern- ment revenues of entire villages are settled for by individual superior holders, under various denomina- tions, or by a co-partnery of superior holders; as instances of the former, the Khotee villages of the Konkau, and the Talookdaree* estates of Guzerat may * So called from Talooh, a proprietary estate, generally smaller than a Zemindai-y, but held on the same tenure. 120 EXISTING REVENUE SYSTEM be adduced, while the latter are exemplified in the Bhagdaree * and Neerwadaree tenures of the Broach and Ivaira CoUectorates. In Sinde, not many years ago, the revenue through- out was collected in grain by actual division of the crop : the grain was then sold by reserved auction, at artificially high, and sometimes even at famine, prices by the Government, as the great grain dealers of the country. Great progress has been made in superseding this system by cash assessments, which have been already introduced into several dis- tricts of the province. In the Shikarpore Collec- torate generally, and in Larkhana particularly, the principle of cash assessments has been successfully adopted. A revision of assessment is now in progress through- out Bombay, by which the amount payable on each field is determined according to its quality, and the amount so fixed is not liable to alteration for a term of thirty years. Existing In the Punjaub one and the same man is usually in the absolute proprietor and generally the sole cultivator, unjau . ^j^Qygjj jjg jjfjg^y occasionally lease out a few fields to tenants. He is saddled with no rent. Pie has to provide for the cost of cultivation and for the Govern- ment demand ; the rest of the produce he may devote to the maintenance of his family and the accumula- tion of his capital. But these men, while maintaining their individuality, do yet belong to Village Coln- * From Bhafjdar, a sharer or partner. OP BRITISH INDIA. 121 rauuities. A village is not inliabited by a certain number of Ryots, eacli unconnected with tlie other, but by a niiniber of persons of common descent, forming one large cousinhood, Laving their own headmen, accustomed to joint action and mutual support. The British Government has from the first decided on levying the tax by money payments assessed for a term of years. The peasant proprietors compound with the State for a fixed period, such assessment and compounding being technically termed a Settle- ment. But the proprietors do not engage indivi- dually with the Government, but by villages. The brotherhood, through its headmen or representatives, undertakes to pay so much for so many years ; and then, having done this, they divide the amount among themselves, assigning to each man his quota. Pri- marily each man cultivates and pays for himself, but ultimately he is responsible for his co-parceners and they for him ;■ and they are bound together by a joint hability. The Punjaub System, therefore, is not Ryot- wary, nor Zemindary ; but the Village System. In the hills, and occasionally elsewhere, the Zemindary System, and near ]\Iooltan, something approaching to the Ryotwary System, may be found. But the Village System is the prevalent one, especially in the most important districts. The average rate of assessment per acre, per an- num, in the Cis-Sutlej States is, in English money, Is. 2)\d.; in the Trans-Sutlej States, Ss. llfcZ. ; in the Upper Baree and Rechna Doabs, 2*. 9ff/. ; in the 122 EXISTlNa REVEITUE SYSTEM Upper Chuch Doab, 2s. S^d. It will be observed that tlie rate diminislies as the settlement progresses westward, the country being poorer ; the same result will occur in the southern districts. It is estimated that a peasant proprietor cultivates, on an average, eight acres, and, at a mean rate of assessment, would pay 11. 4s. per annum to the State. From searching and accurate inquiry in the Settlement Department, showing the exact yield and value per acre of every kind of crop, it has been ascertained that the Govern- ment demand does not exceed one-fifth of the gross value of the produce in rich tracts, and one-sixth, or one-eighth, in poor tracts. Revenue- Large tracts of land in various parts of India are Lauds. exempted from the payment of any Land Revenue. These lands, known by various designations, but called generally Lakhiraj* lands, consist principally of those, the revenues of which were originally assigned by the Mogul Emperors to holders of offices in payment for their services, which lands are called Jaghires, or sometimes Maaffees.f There is also another class of revenue-free lands, originally assigned either by the State, or by the Villages, or by opulent Mahommedans and Hindoos, for the keeping up of temples, shrines, and mosques, and for various other purposes, Avithout any condi- tions. These Exempted Grrants are called "Inams,"\ and are subdivided into many classes. * Lakhiraj signifies "no tribute.'' ]■ Maaffee signifies "forgiven," or "remitted." t Inam signifies a "gift,'' or "benefaction." OF BRITISH INDIA. 123 There are also lands which have been the subjects of a permanent assessment, called Mocurreree* or Istamraree,* not liable under any circumstances to be increased. The above-mentioned exemptions, which originated with the Native Governments which preceded us, have since been confirmed by the British authorities. The amount of Land-Eeveuue actually received by the latest Government returns in each CoUectorate in Bengal, the North-West Provinces, Madras, Bombay, the Punjaub, and in those Provinces of British India directly under the Govern or- General in Council, which are for revenue purposes borne on the Bengal books, will be found in the statistical table appended to the revenue map which accompanies this volume. The Opium Tax, which forms the most considerable Opium source of revenue in British India next to that derived from land, is levied in two forms : — 1. By an exclusive system of cultivation and sale carried on by the Government in Bengal.f 2. By a high export duty levied in Bombay on opium grown in the native States of Malwa and shipped from Bombay. In Bengal the revenue from opium is reaUsed by means of a Government monopoly. It is grown ex- clusively for the Government, under severe penalties for any infraction of the laws. The cultivation of the poppy was prohibited in * Both these words signify "established" or "agreed upon." |- Opium Farms are also established at Penang, Singapore, and Malacca. 124 EXISTING REVENUE SYSTEM Bengal by Regulation VI. of 1799, sect. 3, and in the Nortli-West Provinces by Regulation XLI. of 1803, sect. 2. The system now pursued in Bengal is as follows : Annual engagements are entered into by the Govern- ment with the Ryots in certain selected districts, to sow a certain quantity of land with the wliite poppy, under a system of pecuniary advances, the produce to be delivered in the form of opium to the Govern- ment at a fixed rate. In the month of August contracts are entered into with the Ryots, and an advance of four rupees per beega (nearly two-thirds of an acre) granted by the Government. . The soT^ings commence in November, when another advance is made of three rupees per beega. Again in January and Pebruary, when the crop arrives at maturity, a third advance of about three rupees per beega takes place to assist the cul- tivator in gathering the produce. The crop is col- lected by the end of March, when the poppy heads are cut or scratched with a sharp instrument, and a milky juice exudes, which becomes brown in colour and thick in consistency by exposure to the sun and air. The opium in this crude form is delivered by the Ryots to the Agents of the Government, whose chief depots are at Ghazeepore and Patna for the Benares and Bahar Provinces respectively. The opium is prepared by the Government Agents for the China market by rolling it into large balls covered Avitli a coating of opium paste and poppy leaves, so as to exclude Ihe air ; it is then packed in OF BRITISH INDIA. 125 chests — forty balls to a chest — and transferred to the Government warehouses in Calcutta, where it is put up to auction at the Government sales, of which there are four each season at intervals of a month, com- mencing with January. At these sales the opium sells at prices varying from 700 to 1600 rupees per chest containing IIG lbs. weight, and it is estimated that after deducting cost of production, charges of trans- port, and commission, a revenue is yielded to the Government by these sales of from 40/. to 120/. per chest. The merchants in India purchase the opium either on their own account or for mercantile houses in China, and it is then shipped for the Chinese coast or Hong Kong, in vessels capable of carrying from five hundred to one thousand chests.* The total net receipts from the opium monopoly in Bengal amounted in 1S56 to 2,767,136/. A large additional revenue is derived from the transit of the opium of Malwa through the British territories to Bombay for exportation to China. Pre- vious to the year 1831 the British Government re- served to itself, by separate treaties with the Native Princes of Central India, subsequently cancelled, a monopoly of the article, which was purchased by the British Resident at ludore, and sold by auction, either at Bombay or at Calcutta. But in that year it was deemed advisable, chiefly on account of the lai'ge quantity of opium smuggled to the Portuguese settle- ments of Demaun, &c., on the coast, to relinquish the * ride " What is the Opium Trade ? " a pamphlet by Mr. Donald Matheson. 126 EXISTING REVENUE SYSTEM monopoly, to open the trade to the operations of pri- vate enterprise, and to substitute, as a source of re- venue, in place of the abandoned system, the grant, at a specified rate, of passes to cover the transit of opium through the Company's territories to Bombay. In determining the amount of transit duty, it was proposed to be guided by a comparison of the cost of transit direct to Bombay, with that of the transmis- sion of the drug to the coast by the cheapest of the more circuitous routes through the territories of Na- tive States ; and on the basis of such a comparison it was fixed at B,s. 175 per chest of 140 lbs. each. In 1835, the results of the preceding official year being unfavourable, the shipments of opium from Bombay having largely dechned, while those from Demaun had greatly increased, the rate was reduced to Rs. 125 per chest. The subjugation of Sinde afforded opportunity for the levy of a higher rate. Down to the period of that event, a large portion of the opium of Malwa had been conveyed through Sinde to Kurrachee, and thence onwards to the Portuguese ports of Diu and Demaun. That route was now closed, and it was reasonably expected that an advance might be made in the charge of passes, without risk of loss to the revenue from a diminished demand for them. The rate was accordingly increased, in October, 1843, from Rs. 125 to Rs. 200 per chest. Upon the prin- ciple that it was desirable to fix the price at the highest amount which could be levied, without forc- ing the trade into other channels, a further increase OP BRITISH INDIA. 127 was made in 1845, when it was determined that the charge should be Rs. 300 per chest. On the same principle it was, in 1847, raised to Rs. 400 per chest. It appears from recent returns, that from Pass Fees on Malwa opium exported through Bombay, a net revenue (after deducting all costs and charges) was received, in the financial year ending in the spring of 1856, of rather more than a million sterUng. The total gross revenues derived by the Govern- ment of India from this tax, in the two forms in which it is levied,, amounted, by the last returns, to about fom" and a half millions sterling. The Salt Tax has been, like the Land Revenue, inherited or instituted by the Government of British India from their predecessors in power. It was an ancient source of revenue to the Sovereigns of Asiatic countries. It was fii'st appHed by Warren Hastings, in 1773, to the payment of certain departments of the Civil Service. The Salt Tax now yields in India (exclusive of aU Salt Customs' duties on salt imported) about two and a half millions sterling, and is levied by different means in the different Presidencies. AU the salt produced in India, whether that ob- tained fi'om the sea- water in Bengal by boiling, or in Madi'as and Bombay by a process of solar evapo- ration, or that obtained from the salt mines in the Punjaub, or from the salt lakes in Rajpootana, is subject to tax in one or other of the following forms. In Bengal the Government have establishments for the manufacture of salt, the monopoly of which they 128 EXISTING REVENUE SYSTEM retain in their own hands. It is manufactured by a system of advances to the Natives (about 100,000 of Avhom are thus emplo)red in the Sunderbunds), and who, by contract, are bound to dehver at a fixed low price, all salt manufactured, which is sold by Grovern- ment at pubUc sales, at six principal agencies in Bengal. The price at which salt is sold, by the Grovernment, is thus regulated. To the actual cost of producing the salt is added an amount equivalent to the duty levied on imported salt, which is now two and a half rupees per maund, or three farthings per lb., which makes the average retail price to the consumer about a penny per lb. The private manu- facture of salt is permitted round Calcutta, subject to an excise of the same amount with the Customs' duty levied on imported salt. The system which has been adopted since 1837, in pursuance of the recom- mendations of a Select Committee of the House of Commons in the previous year, has been one of fixed prices, and open warehouses, at which the sales, in- stead of being as before periodical, are constantly going on. The duty on imported salt has been since three times reduced, and with such effect, that in 1853 half the salt consumed in Bengal appears to have been suppUed from the port of Liverpool. It is calculated that, taking the average annual consumption of salt, and the average earnings of the Bengal Ryots, the salt consumed by each absorbs about five days' wages per annum. The salt agencies in Bengal are located along the head of the Bay j namely, at liidgelee, Tumlook, OP BRITISH li^DIA. 129 Cliittagoiig, Arracau, Cuttack, Balasorc, and Kliorc- dali. The supply of salt to the Korth-AVest Provinces is furnished partly from the Lower Provinces of Bengal, and partly from the Sambhur Salt Lake,* in Rajpoo- tana, and otlier localities on the western side of Lidia. The salt of Bengal, having paid the excise or im- port duty of Rs. 3 8a. per maund, passes free into the North -West Provinces. The Sambhur and other salt, on crossing the north-western frontier customs line is subjected to a duty of two rupees per maund, and to a further duty of half a rupee f per maund, on transmission to the eastward of Allahabad, thus coming into competition with the salt of Bengal, under an equal duty of Rs. 2 8a. per maund. At Madras salt is manufactured on account of Government, and sold for internal consumption at one rupee per maund, or under one farthing per lb. The duty on imported foreign salt was three rupees per maund, but a change has been introduced by the home authorities, and i^dsely, that the hnport duty should (as in Bengal) be equal only to the difference between the selling price and the cost of manufac- ture; the difference between the cost price and the * The Sambhur Lake belongs to the native States of Joud- pore and Jeypore. t The Allahabad special duty was fixed by Act 14 of 1843 at one rupee per maund; but in 1847, and agaiu in 1849, when reduction of duty on Bengal salt was effected, corre- sponding reductions were made in the Allahabad duty. K 130 EXISTING REVENUE SYSTEM Customs. Subsidies from Native States. price at wliicli the salt is given out for consumption being tlie duty to be realised. In Bombay the manufacture of salt is carried on by individuals, but subject to an excise duty of twelve annas (1*. 6cl.) per mamid, a similar duty being imposed on imported salt. In the Pnnjaub the salt-mines are worked by the Grovernment. Salt . is sold at the mines at t\yo rupees per maund. Facili- ties are also afforded for the export of salt to Mala- bar, Travancore, Cochin, and other places. The Customs' duties, which now amount to about two millions sterling per annum, are levied (not as formerly after the fashion of the native Indian States, in the shape of inland and transit tolls *), but under one generally uniform system tlu'oughout British India. The Customs' duties now arise from two sources. 1. The Sea Customs on imports and exports — the latter chiefly on silk and indigo. 2. The Land Customs, levied on certain articles of produce passing the frontier lines between native States and British Territories. The Ile\ enues received from tributes and subsidies payable \mder existing treaties between the British Grovernment and native States in India, amount, altogether, to about half a million sterling, per annum, as will appear from the following extract from the * Transit or inland duties formerly levied at every town and on every road were abolished, in Bengal by Act 14, of 1836 ; in Bombay by Act 1 , of 1838 ; and in Madras by Act 6, of 1844. OF BRITISH INDIA, 131 accounts of the territorial Revenues, for the year, ending in April, 1856.* Bengal : Tributes from the under-mentioned States : Kotah Odeypore Mundy Jhalwar , Bauswarra Doongerpore , Jeypore Serohee Various Petty States Nizam's Goverument on account of Mahratta Clioute Madhas : Peislicush and Subsidy : Mysore Government . . . Travancore ditto Cochin ditto Bombay : Subsidy from the Cutcli Government Kattywar Tribute Various Petty States 7,05G 18,516 9,375 7,500 2,568 2,568 37,500 1,269 4,320 10,133 229,687 7'i,666 18,750 15,795 50,105 3,096 100,805 323,103 74,996 £498,904 The reiuainiug sources of Indian Revenue, not par- ticularized above, are as follows. Stamps, with reference to which it may be observed Stamps, that in India stamped paper is required, not only as in England for biUs of exchange, agreements, receipts and deeds, but for all judicial proceedings, petitions, and papers of all kinds filed in Court. * The amount given in the estimate for 1857 under this head is 510,1662. K 2 132 EXISTING REVENUE S"!STEM The gross Revenue derived from this source amounts to about half a million sterling, per annum. Another considerable item in Indian taxation is Abkanree. Abkarree,* the name given to the Revenue de- rived from the sale of monopolies to vend spirits. These licences are, in every large town or district, farmed yearly to the highest bidder, who sells his wares at his own price, but under Government regu- lations as to the position of his store and hours of business. From this Abkarree, and from another tax of the same nature (on the sale of certain drugs not strictly classed as spirits), and called Sayer,f a gross annual Revenue of about a million sterling, is obtained. The total residuary amount of the Indian Revenue is made up from the following various sources : — Post Office, I Mint, Marine, Pilotage, Judicial, Electric Telegraph receipts, and other miscellaneous items, § adding altogether about a million sterling to the aggregate annual Revenue of British India, the gross amount of which (as estimated for the year, ending April 30, 1857) is 29,344,960/. The detailed statistics of the income and expendi- ture of India are given fully in the accounts of the Territorial Revenues, annually laid before Parliament. It may, however, be stated generally, that the chief items of expenditiu-e of the Anglo-Indian Government, Miscella- neous. * Abkarree signifies a tax on " waters." f Saijer signifies Ibe " remainder,'' or unclassified taxes. I The postal rates are uniform throughout India from Cape Oomorin to Peshawur. There is also a Book-post. § The Moturpha, a tax on shops, &c., was abolished in 1836. OF BRITISH INDIA. 133 Oil an average of four years, preceding the mutiny of 1857, have been, in round numbers, as follows : — Charges inciilent to the Collectiou of the Revenue about £(5,000,000 sterling. Military and Naval Charges . . „ 11,000,000 Civil, Judicial, aud Police . . . „ 5,000,000 Public Works , 1,500,000 Interest on Bond Debt in India . ,, '^,000,000 Charges defrayed in England (in- cluding Interest on Home Bond Debt, Dividends to Proprietors of East India Stock,* Payments on account of Her Majesty's Troops, aud Establishment. — Charges of the ' East India House aud Board of Control . „ 3,000,000 Allowances and Assignments to Native Princes under Treaties and other engagements . . . „ 1,000,000 Total about . . . £30,000,000 sterling. In order to meet tlie exigencies from time to time arising from the excess of expenditure over revenue, two distinct modes of raising money in England and in India lune been adopted by the Government. In England the only mode in which money can be raised by the East India Company is by the process usually adopted by Corporations similarly circum- stanced, namely, on bond. About one-fifth pai-t of the debt now existing has been so contracted. lu India a different mode of borrowing money lias been adopted by the Government, as follows. When the Government wants money, it advertises * Amounting in the last estimated Pieturns to 027,893/. 134 EXISTING REVENUE SYSTEM OP BRITISH INDIA. that the Treasury is open to receive money upon loan, at certain rates specified in the advertisement, and upon the conditions there contained. So long as the loan remains open, parties are admitted to make what payments they please, and to receive what are called loan notes in acknowledgment, and this to any amount. The money raised on loan is all raised in India. The aggregate amount of the Indian Debt, as con- tracted in these two modes, is now about 60,000,000/. sterhng. In the accounts of the Territorial revenues of India for the four years preceding the mutiny of 1857, Bengal alone presents an uniform local deficit; the North-West Provinces alone an uniform local sur- plus. The excess of expenditure over income on the estimate of the revenues, and charges of aU the Presidencies and Provinces of British India, for the year ending April 30, 1857, is 1,981,062/. CHAPTER VI. ADMINISTRATION OF NATIVE STATES. TiiK system of Government above described must be understood to apply to that portion only of British India, 'which is comprised within the Presidencies, and those Provinces which are directly subject to the Governor- General of India in Council. The native States of India are not included in this system of administration ; but are boTiud by treaties and engagements varying in their provisions, but generally entitUng these States to British protection ou the condition either of payment of tribute or pro- viding a MUitaiy Contingent, except in those cases in which a commutation for other conditions has been arranged by cession of a portion of their territory to the British Government. The stipulations contained in the various treaties are not imiform. The Rajah of Nepaul, for instance, though bound by the Treaty of 1S15 to cede certain territories, undertook simply to accept British media- tion in event of any differences arishig between himself and the neighbouring Rajah of Sikkim. In other cases again, as in that of the §tate of Mysore, and the smaller States of Kolapore, and Sa- wunt Warree, engagements involving an absolute sur- 136 ADMINISTRATION OF render of inclependence liave been contracted, and the entire internal administration of these States has been assumed by the political agents of the British Government. Subject to such exceptions, it may be stated gene- rally, that the Native Princes of India are bound by their respective treaties to act in " subordinate co- operation " with the paramount power, some by main- taining a military force, others by the payment of a siibsidy : and an article almost universally introduced into such treaties is one restraining the Native Con- tracting powers from the employment of Europeans or Americans, in their respective services.* The relations of the British Government with the Native States of India are generally maintained through the medium of functionaries (who may be either civil or military officers), who are styled " Residents," f and who are stationed at the metro- polis of the State to which they are respectively dele- gated. The degree of interference actually exei-cised by the " Resident " in the internal affairs of each State (precluded, in some instances, by the terms of the treaties) depends, not so much on the instruc- tions received from head-quarters, as on the personal energy and policy of each " Resident." The Native States are, in their relations Avith the * This stipulation arose probably from the circumstance that the Mahratta armies were at one time disciplined and commanded by French officers. I The representative of the British Government in Mysore is called "Commissioner;" in Kolapore and Sawuut-Warree, " Political Agent." NATIVE STATES. 137 British Govemment (with certahi exceptions hereafter to be noticed), placed under the supreme authority of the Governor-General in Council, in whom the appointment of British Representatives at their several Courts is vested. The aggregate military resources of all the Native Pruices of India are estimated at about 400,000 troops, and their aggregate revenues at about thir- teen millions sterling per annum. The obhgatioiis of these Native Princes to the British Government involve altogether a nominal military contingent of 32,000 troops, and an aggregate annual subsidy of about hah-a-milhon sterhng per annum. The actually- subsisting relations between the Native States of India and the British Government Avill appear from the following summary : — 138 ADMINISTllATION OF w o H 1-1 P3 I— I W w H o fi <5 I— I o H 12; o o CO X< »^ -2 !=! O S ■^3 ri to I? , . „ „ H 'S to o ^ .g =! rS fo-s = •- s -g g 5 '1-S ^_ c3 s [0 ?e p^^.•S -SO O r^ " O g ■3 S-:. 03 a 03 ?5 Lj ^^ CO a b " CD g cj o a res O ^ II o| S^ O r3 01 o C, cS o o ■w +^ ^ a a 3 s o o paw CO 0) o a bD .9 CI o o CS g '3 a ■3 I- a o « > en crt t- CD Ph H f-l f*> a i 3 "3 is S3 a '3 I — I CO f-1 1-5 133 CQ 2 £^ 3 i ^1 M O CD O o -2' 7i 02 , Oj CO a O C3 ■43 s CL, CD ^ ^ 3 2'? "5 5=2 03 ■w 2 CO *T3 o o a -2 O O C! t^ o_ O OS -H ClT O? rH 00 O rH ^ CX) o o ci o o o o o_o o"o" o o o o 03 CO to 10 o CM 00 -4 o ■ o .2 O.S 3' 03 fH WPPH . • CO 2 = !=! TJ 03 ts -2 p a ^ o3 rT* O o 5^W(S >>.£J O o TJ jz; &a 3t-l « 'Trri 3 1 30 CD a ri "J a co'i^ wannee Sin°r, Kawul, of Bauswarra.i 1823, April lltli, Sumiuds coiiferreil on the Husht Bhayeli Jageerdars, viz. to Rao Bahadur Buliut Sing of Chir- gaong, Dewan Soorjmi Sing of Bijna, Dewaii Boodh Sing of Dhoornye, Eooard Hm-persand of Foree, Dewan Bmika EsmTee Sing of Puharee. 18-33, Treaty with Eao Sheo Sing, Regent of Serohee, ratified 31st October, 1823. 1823, November 21st., Sunnud granted to Veetul Rao, Mulliar, Poorundary. 1823, November 21st, Sunnud granted to tlie widow of the late Madoo Rao Bhoslmtta. 1823, December 9th, Agreement with Raja Pertaubghur. 1824, March 6th, Treaty with Raja Govind Chunder of Caehar. 1824, March 10th, Treaty with Raja Ram Sing of Jyntlieea. 1824, April 20th, Sunnud granted to Raja Gliunsham Sing. 1824, August 2nd, Treaty with the Sultan and Tumongong of Johore. 1825, July 31st, Provisional Treaty witli the King of Siam. 1825, August IT" til, Agreement with the King of Oudh. 1825, December 30th, Agreement with the Raja of Cola- pore. 1826, February 24th, Treaty of Peace witli the King of Ava, with additional article. 1826, June 20th, Political and Commercial Treaties with the King of Siam. 1826, November 23rd, Commercial Treaty with the King of Ava. 1826, November 30th, Agreement with Teerut Sing Acheem- bee, called Uie White Raja, Chief of Nungldow. 1826, December 1st, Treaty with the Raja of Nagpore. 1827, February 6th, Agreement with the Sheik of the Tribes of Hubberawal. 1827, October 23rd, Agreement witli the Raja of Oolapore. 1828, March 10th, Bond from His Royal Highness, die Prince Royal of Persia, annulling the 3rd and 4th articles of the Treaty dated 25th November, 1814. NATIVE STATES. 159 1828, May 2ncl, Simnud granted to Teiz ool Khan Bungush. Treaties Sunnu.l granted to Nubbee Buksli Khan, and Hyder ^^l^^^,^ Buksll Khan. States. 1828, AugLisit aand, Suniiud granted to Welly Mahomed Sobalulai- Major, isof), May 1st, Treaty with the Kmg of Oudh. 1829, July 15th, Agi-eeuient with the Eaja of Oolapore. 18i'l), September 25th, Smiiiud granted to Khadim Hossein Khan, and Mahomed Hossein Ivlian. 1829, December 25th, Revised engagement with the Eiija of Nagpore. 1831, September 20th, Engagement with the Nizam. 1832, April 4tli, Treaty with the Government of Khj-rpore. 1832, April 20th, Treaty with the Government of Hyderabad in Sinde. 1832, April 22nd, Supplementary Article to ditto. hs32, September 20th, Treaty with the Government of Cutch. 1832, December 26tli, Indus Toll Treaty witli Maharaja Eun- jeet Sing of Lahore. Supplementary Article to ditto. 1833, February 22nd, Indus Toll Treaty with the Nawab of Bahawulpore. Supplementary Article to ditto. 1833, March 2nd, Treaty with Eaja Poorundcr Sing. 1833, March 12th, Treaty between Maharajah Eunjeet Sing and Shah Shoojah-ool-Moolk. 1833, June 2 1st, Agreement with the King of Oudh, concern- ing the deposit of 3 lacs of rupees for the poor of Lnckuow. Modified Treaty with the Eaja of Mysore. 183-1, July 2nd, Treaty with the Government of Hyderabad. 183-1, July 5 til. Treaty with the Government of Cutch. 183J,, July 31st, Agreement with Deb Eaja on the restoration of Dooar Booree Gooma. 1834, October 18th, Indus Toll Treaty with the Ameers of Sinde. 183-1, November 3rd, Agreement with Toola Ram Seenaputty. Articles proposed to be substituted for Articles 3rd, ith, and Gth of tlie definitive Treaty with Persia. IGO ADMINISTRATION OF Treaties with Native States. 183-1, November 2and, Proclamation by Goveriniient on Female Infanticide. 1835, January 24th, Supplementary Treaty with Mahara-jali Runjeet Sing, for abolishing a Toll on the Indus. 1835, March 5tli, Supplementary Treaty with the Nawab of Buhawulpoor. 1835, December 7th, Engagement with the Raja of Joudhpore. 1830, January 18th, Bhownuggur, Engagements entered into by the Thakoor of Bhownuggiu-, exempting from Pay- ment of Duty, Vessels putting into his Ports tlu'ough sti'ess of Weather. 1830, February 6th, Proclamation by the Ruo of Kutch, pro- hibiting Slave Trade. 1836, Febmary IStli, Mahee and Rewa Kunta. Paper ad- dressed to Acting Political Agent, by Maliaraj Rithee Singjee Kurumsingjee. 1830, May 7th, King of Persia's Firman for British subjects trading witli Persia. 1830, November 38th, Commercial Treaty witli the Ameers of Sinde. 1837, September 11th, Treaty with the King of Oudh. 1838, January 3rd, Engagements by the Nawab of Joonaghur for the Suppression of Suttee. 1838, January 7th, Engagement by the Seedee of Jafferabad for the Suppression of Suttee. 1838, January SSrd, Preliminary Engagement with Sultan McHassan of Lahij, for the Transfer of Aden to the British Government. 1838, April 8th, Treaty with the Raja Rana of Jhullawur, when tliat State was formed into a separate Princi- pality out of the Koto Territory. 1838, April Sth, Treaty with the Raj Rana Mudun Sing of Kotah. 1838, April 10th, Treaty witli Maha Rao Ram Sing of Kotah. 1838, April 17th, AgTeement with the Chief of Ras-ool-Khy- mah, for the Suppression of Slavery. 1838, June 26th, Tripartite Treaty between Shah Sooja ool Moolk of Cabool, Maha Raja Runjeet Singh of Lahore, and the English East India Company. NATIVE STATES. 101 1838, April 20th, Treaty \vitli the Ameers of Smd. Tre;itias 18:38, September 15th, Agreement with the Sudesaee. T^"'} 1838, October 5th, Treaty with the Nawab of Bahawulpore. States. 1838, December Slth, Treaty with His Highness Meer Eoos- tiim Khan of Khyrpoor. 1839, July Brd, Agreement for the Suppression of Slaveiy in tlie Persian Gulf. 1839, February 3nd, Engagement witli tlie Sultan of Lahij, on behalf of himself and the Abdallees. 1839, February 4th, Further Engagement witirthe Sultan of Lahij. 1839, May 31st, Commercial Treaty with the Imam of Muscat. 1839, June 18th, Bond of Peace and Friendship, entered into by the Sultan of Lahij. 1839, January Hist, Engagement with the Huzzabee Tribe. 1839, February 2nd, Engagement with the Chief of Wakeel, and all under him. 1839, February 4th, Engagement of Peace and Friendship with the Chiefs of Hagrabees. 1839, February 18th, Engagement entered into between Shaikh Iwas Bin Sallaam el Abbadee and his Tribe. 1839, February 18th, Engagement with Shaikh Maidee. 1839, Februaiy IStli, Engagement with Shaikh^of Zaidee. 1839, February 29th, Engagements with the Shaikhs of the Muswadie Territory of the Subees. 1839, February 20th, Engagement of Peace and Friendship with Shaikh Mahomet Bin Alee Busalee, of the South- ern Division of the Subees. 1839, February 2] st. Engagement of Friendship and Peace, with Shaikh Arsel Bin Hydee Bin Ahmed MusaideH., of a District of the Yaffaaes. 1839, March 10th, Treaty with Shah Kannan of Herat. 1839, March 10th, Engagement of Friendship and Peace, with Asun Bin Yorsoof Shirzebee. 1839, March 11th, Treaty with the Ameers of Scinde. 1839, September 4th, Treaty with the Eaja of Satara. 1839, September 3nth, Treaty with the King of Cabool. 1839, December 17th, Additional Articles to Treaty, with the Imaum of Muscat, for the Suppi-ession of Slavery. 162 ADMINISTRATION OP Treaties •with Native 1839, September 23rd, Proclamation by the Raja of Sattara, against Suttee. 1839, September 23rd, Proclamation by the Eaja of Sattara abolishing Transit Duties. 1839, February 3rd, Agreement with Punt Sucbeo. 1839, March 11th, Treaty with the Ameers of Hyderabad. 1840, April 13tb, Proclamation by the Gwickwar, abolishing Suttee. 1840, June 23rd, Agreement subscribed to by Meea Prelum Singh, of Koomharsain. 1840, September 8, Agreement with the Chief of Bhownuggur for relinquishing Land and Sea Customs. 1 840, March 23rd, Eenewed Engagement with Jhareja Chiefs for the suppression of Infanticide. 1840, April 16th, Engagement with the Chief of Soonawara. 1840, April 28th, Engagement with the Eaja of Baria against Suttee. 1840, April 8th, Engagement by the Chief of Bhadurwa against Suttee. 1840, April 22nd, Engagement by the Chief of Chota Ooda- poor against Suttee. 1840, May 9th, Engagement by the Eaja of Eajpeepla against Suttee. 1840, May 12th, Engagement by Eanee Bhowanee Singjee of Soauth, against Suttee. 1840, May 8th, Engagement by Thakoor Sirdar Sing of Wan- kaneer, against Suttee. 1840, August 21st, Agreement entered into by Nawab Mo- hamed Syeed Khan. 1841, October 6th, Treaty with Meer Nusseer Khan, Chief of Kelat. 1841, March lltb. Proclamation by the Eaja Kolhapoor, pro- hibiting Suttee. 1841, June 18th, Treaty between the British Government and the Ameer of Meerpoor, Meer Cher Mahomed Khan. 1842, August 13th, Proclamation by the Eaja of Eajpeepla, against Suttee. 1843, June 1st, Maritime Truce for Ten Years from 1st June, 1843, by Arab Chiefs. NATIVE STATES. 163 1843, Febmai-y lltli, Eugageiuent with the Sultan of Lahij. Treaties 1843, September 11th, Agreement regarding tlie Levy of ]^!'j;^.g Duties of Merchandise in Transit through the Buha- states. wulpoor Territory. 1844, February 20th, Fui'ther Bond entered into by the Sultan of Laliij. 1844, October 31st, Fades by His Highness the Gwickwar exempting Vessels ti-ading between Bombay and Sind, forced into his Ports l)y stress of weather, from Pay- ment of Duty at these Ports. 1844, November 8th, Treaty witli the Sultan of Johanna for the Suppression of tlic Slave Trade. 1845, October 2nd, Further Agreement with the Imaum of Muscat for the Suppression of Slavery. 1846, March 19th, Engagement by His Highness the Naw-ab of Joonaghur, relative to the Customs on Vessels. 1846, March 23nd, Engagement by His Highness -Tani Eun- nnilgee of Nowanuggur, relative to the Customs on Vessels. 1846, March 9th, Treaty with the State of Lahore. 1840, Jfarcli 11th, Agreement with the Laliore Durbar. 1840, March 10th, Treaty witli Maharajah Golah Sing. 1846, December lOtJi, Agreement with the Lahore Durbar. 1846, April, liules by the Imaum of Muscat regarding Duties to be charged on Cargoes of Vessels putting into his Highness's Ports. 1847, April 00th, with Shaik Sultan Bin Suggur, Chief of Agree- llas-ool Kymah and Shurgah. Se^AboH- 1847, April 30th, with Shaikh Muktoom, of Debaye. tion of the 1847, May 1st, with Shaikh Abdool Azeez, of Eiman. African Slave 1847, May 1 st, with Shaikh AbdooUali Bin Eashid, of Amul- Tj-ade. gavine. 1847, May 3rd, with Shaikh Saud Bin Tohnoon, of Aboot- habee. 1847, May 8tli, Shaikh Maliomed Bin Kluileefa, of Bahrein. J 848, Jmie 12th, Firmans by the Shah of Persia for the Sup- pression of the Slave Trade by Sea. 1849, May 22ud, Engagement with the Chief of Sohar for abolishing Slave Trade. M 2 164 ADMINISTRATION OP NATIVE STATES. Treaties with Native States. 1849, May 7th, Final Treaty with the Sultan of Lahej. 1849, December 90th, Engagement by the Thakoor of Bhow- nuggm% relating to Customs on Vessels. 1849, March 29th, Terms granted to Maharajah Dulup Sing. 1850, June 3rd, Treaty of Friendship and Commerce with the Sultan of Johanna. 1851, October 8th, Rules by the Eao of Kutch, exempting under certain circumstances. Vessels belonging to the Ports of Bombay from Payment of Duties on Goods. 1851, October, Agreement with the Persian Government for Suppression of Slavery. 1853, February 29nd, Treaty of Friendship and Alliance with the Nawab of Buhawulpoor. 1853, May 4tli, Perpetual Treaty of Peace, by Chiefs of the Arabian Coast. 1853, August 15th, Agreement with the Chiefs of Pahlunpoor for the Suppression of Infanticide. 1853, May 14th, Treaty with Meer Nusseer Khan, Chief of tlie Kelat. 1853, May 21st, Treaty with the Nizam. 1855, February lOtb, Treaty with the Raja of Nepaul respect- ing the mutual surrender of Criminals. 1857, March 4th, Treaty of Peace between Her Majesty the Queen, and the Shah of Persia. CHAPTER Vll. EXISTING GOVERNMENT INSTITUTIONS AND PUBLIC WORKS IN BRITISH INDIA. Skct. 1. — Educational Institutions. Sect. II. — Public Works — Canals — Eoads — Railways — Telegraphs. Sect. III. — List of Government Measures adopted to promote THE Culture of Cotton. Sect. IV. — Measures adopted to promote the Working of Iron Ores. SECT. I. — EDUCATIONAL INSTITimONS. The existing system of Govcvninent education in EJucation. India is as follows ; — There are Directors of Public Instruction in Bengal, the North-West Provinces, Madras, Bombay, and the Punjaub respectively, and under them are In- spectors and Sub-Inspectors of different grades, in numbers proportioned to the territories to be super- intended. There are three Universities constituted under Acts of the Legislature of India at Calcutta,* Madras,* and Bombay. These Institutions were (by a dispatch of the Court of Directors, dated July 19, 1854), directed to be framed on the model of the University of London, and empowered to grant degrees to all who shoidd * Vide Acts of the Indian Government, Nos. 2 and S!7 of 166 EXISTING aOVERNMENT INSTITUTIONS Education, produce certificates from certain affiliated Institu- tions, comprising all the principal Colleges and Schools in India, as to a previous course of study. The functions of these Presidency Universities are thus defined in the dispatch above alluded to : — " The Universities in India will consist of a Chancellor, Vice-chancellor, and Fellows, who will constitute a Senate. The Senates will have the management of the funds of the Univer- sities and frame regulations, under which periodical examinations may be held in the different branches of art and science by examiners, selected from their own body, or nominated by them. The function of the Universities will be to confer degrees upon such persons as having been entered as candidates according to the rules which may be fixed in this respect, and having produced from any of the ' affiliated Institutions,' which will be enumerated on the foundation of the Universities, or be from time to time added to them by Government, certificates of conduct, and of having pursued a regular course of study for a given time, shall have also passed at the Universities such an examination as may be required of them. The examination for degrees will not include any subjects connected with religious belief; and the affiliated Institutions will be under the management of persons of every variety of religious persuasion. As in England, various Institutions in immediate connection with the Church of England, the Pres- byterian College at Caermarthen, the Roman Catholic College at Oscott, the Wesleyan College at Sheffield, the Baptist College at Bristol, are among the Institutions from which the University of London is empowered to receive certificates for degrees ; — so in India, Institutions conducted by all denominations of Christians, Hindoos, Mahommedans, Parsees, Sikhs, Bhuddists, Jains, or any other religious persuasions, may be affiliated to the Universities, if they are found to afford the requisite course of study, and can be depended upon for the certificates of conduct which will be required." With respect to all existing vernacular and Anglo- vernacular Schools throughout India, whether esta- AND PUBLIC WOEKS. 1G7 blislied by individuals or societies, tliey are entitled, Education. on certain prescribed conditions, to grants in aid, on proof of attainment to a prescribed standard of se- cular instruction. Among the schools entitled under existing Go- vernment regulations, to grants in aid, are those established at various periods by Christian Missionary Societies. The total number of these schools scattered throughout the various districts of India, including vernacular and English elementary schools, both for boys and girls, was in 1853, 1C57 schools, contain- ing 64,806 scholars of both sexes, as will appear from the following statistical table : — Presidencies. Bovs' Schools. Girls' Schools. Yernac. Boarding English. 1 Day. 'Bonrding. 1 Boys. o o Boys. o Boys. 1 Girls, j Girls. r Bengal . 140 6,470 22 790 22 6,005 24 1 669 29 830 North- W.-( ProviucesJ Gl 3,707 10 191 22 1,754 10 1 242 10 1 175 Bombay . 70 3,480 2 21 7 1,144 37 1222 6 101 Madras . 849 24,445 52 110541 4,280; 191 6639 521470 1 ! 1 Total 1120 38,102 80 2167 92 13,180, 202 8772 97,2570 These schools have been chiefly established by the 168 EXISTING GOVERNMENT INSTITUTIONS Education, twelve following Societies,* placed in the order of the commencement of their respective operations in India : — 1727. The Society for the Propagation of the Gospel. 1793. The Baptist Missionary Society. 1805. The London Missionary Society. 1819. The American Board of Missions. 1814. The Wesleyan Missionary Society. 1815. The Church Missionary Society. 1822. The General Baptist Missions. { The Established Church of Scotland. 1830. -J The Free Church of Scotland. V The Basle IMissionary Society. 1834. The American Presbyterian Mission. 1840. The American Baptist Mission. Bengal. The chief existing higher Government Educational Institutions in Bengal, which it is the object of the present system to affiliate to the University at Cal- cutta, are the following : — 1 . The Madrissa, or Mahommedan College, at Cal- cutta, founded by Warren Hastings in 1782, for the study of Arabic and Persian (English having been since included). This institution contained in 1854, 314 pupils, all Mahommedans. The Hindoo College organized by a Native Committee for giving an Eng- lish education to Hindoos in 1816, in which the pupils are taught Law, Medicine, and Civil Engineering; * It appears that the total number of Missionaries employed by these twelve Societies in 1853 was 383, and the total number of native Christians returned as belonging to their various com- munions was 94,145. — Vide "Revised Statistics of Indian Mis- sions," reprinted from the Calcutta Christian Observer, 1853. AND PUBLIC WORKS. 169 the Sanskrit College at Calcutta, and which has also Education, an English department. This College was founded in 1823, and contained, in 1854, 3SG pupils, all Hin- doos. Tbere is also a Medical College and Hospital with ten classes at Calcutta. There are also Govern- ment Anglo- Vernacular Colleges at lioogly, Dacca, Kishnaghur, and Berhampore. There are other Collegiate Institutions in Bengal, some of which have been hitherto unconnected with, and unaided by, the Government, Mhich it is the object of the present system to affiliate with the University, or Presidency College. Among these are the Oriental Seminary, conducted by East Indians, the Bishop's College, the General Assembly's Institu- tion, Dr. Duff's College, and the Baptist College of S era m pore. In the North-"\Vest Provinces, there are Govern- North- west ment Colleges at Delhi and Agra, and at Benares a Provinces. Sanskrit College, established in 1792. The Vei'uacu- lar Schools in the North-West Provinces, lirst esta- blished by Mr. Thomason in 1S43, and now brought within the scope of the grants in aid, amounted, in 185G, according to the statement of Lord Dalhousie, to 3G69 in number. Hospitals and Dispensaries were also established in the North- West Provinces by Mr. Thomason. In the Civil Dispensaries, Medicines and Instruments are provided and Salaries paid by the Government. In Bengal there are now fourteen, and in the North-West Pi'ovinces thirty-six, Dispensaries. In Bombay, the two chief Government Educational Bombay. Institutions, which it is proposed to alliliale to the 170 EXISTING GOVERNMENT INSTITUTIONS Education. University to be established in tbat Presidency, are the Elphinstone College at Bombay, and the Col- leare at Poonah. There are also about 235 Vernacular and Anglo- Vernacular Schools in that Presidency. Madras. In the Presidency of Madras, there were said to be, in Sir Thomas Munro's time, 733 Schools and Colleges, containing 3750 Students, mostly Brahmins. There are also in the Presidency of Madras thirty Government Civil Dispensaries, on the same footing with those above alluded to in Bengal.* SECT. II. — PUBLIC WORKS EXECUTED BY THE GOVERN- MENT IN BRITISH INDIA. Canals and Irri- gation Works. The portions of Canals and Irrigation Works actually completed, are as follows : — Ganges Canal. — 449^ miles of the Ganges Canal were com- pleted in April, 1856. E. and W. Jumna Canals. — 445 miles of the W. Jumna Canal are completed. Punjaub Canals. — 495 miles of the Baree-Doab Canal in the Punjaub, were executed in May, 1856. Madras Irrigation Works. — Tanks, reservoirs, and " annicuts," or dams, across the beds of the Cauvery, Godavery, and Kistna Hi vers. f * It appears from Parliamentary returns that the total amount expended in aid of Native Education in India in 1853 was about 100,000?. sterling. t Vide Memorandum of Public Works, &c., completed by the Government of India during the last thirty years. AND PUBLIC WOBKS. 171 The principal Trunk Roads in India now completed, Trunk ' ^ ^ ' Roads. are as tollow : — Fr Miles. Cost. rom Calcutta to Peshawur 1,423 . . £1,423,000 ,, Calcutta to Bombay . 1,002 . 500,000 „ Madras to Bangalore 200 . 37,121 „ Bombay to Agra 73-1 . 243,070 „ Rangoon to Prome * . 200 . 100,000 The portions of Railroads in India now completed, Railroads, under Government-guarantees, are as follow : — From Calcutta to Raneegunge ,, Bombay t to Wassind . ,, Bombay to Campoolie . ,, Madras to Vellore Miles. 120 50 10 The Electric Telegraphs now completed in India Eiectiic comprise about 4000 miles of telegraphic wire, graphs, namelv : — From Calcutta to Peshawar. „ Agra to Bombay. „ Bombay to Madras. Other lines are in com'se of construction. * This road is not yet completed. + Of the Great Indian Peninsular Piaihvay two branches have been commenced — the North-Eastern to Mirzapore, the South- Eastern to Madras. Tliirt^'-three miles of these two Piailways, viz. from Bombay to Callianee, are on the same line. 172 EXISTING GOVERNMENT INSTITUTIONS SECT. III. — MBASUEES ADOPTED AT DIFFERENT PERIODS BT THE GOVERNMENT TO PROMOTE THE CULTIVA- TION OF COTTON IN INDIA, CHRONOLOGICALLY ARRANGED* Cotton. 1788. The Court of Directors called the attention of the Indian Government to the cultivation of cotton in India, " with a view to affording every encouragement to its growth and im- provement." 500,000 lbs. weight of cotton are ordered to be sent. Reports are called for from the Collectors of districts. 1789. Screws for compressing cotton are at this time esta- blished, both by the Company and by individuals. 1790. Cotton (422,307 lbs.) received from India. Ahmood cotton-seed directed to be sent to Bengal. Reports of culture at Bombay, Benares, and Dacca received ; also from Collectors of Bengal and Behar. Dr. Anderson employed in distributing cotton-seeds, from the Mauritius and from Malta, throughout the Peninsula of India. 1794. A machine sent out for cleaning cotton from seed, and other impurities. 1797. A plantation, under Mr. M. Brown, established at Ran- datarra in Malabar, chiefly for spices ; but Mauritius and Nan- keen cottons were grown in 1801, and the produce sent to this country. 1799. Nagpore cotton-seed directed to be tried in the Circars, and a bounty offered to growers. 1802-3. Reports received on the cotton trade of Bombay and of the Gangetic Doab. 1809. Cotton ordered from India. 30,000,000 lbs. received in the following 5'ear. ^ * Extracted from " The Culture and Commerce of Cotton in India," by Dr. Forbes Royle. 1850. — See also " Essay on the Productive Provinces of India," 1R40 ; and " The Fibrous Plants of India," 1855, by the same Author. — See also a Paper read before the Society of Arts in London, by J, B. Smith, Esq., M.P., May 18, 1857. AND PUBLIC WORKS. 173 1810. Samples of Georgiiiu and Grenada cottons sent out, Cotton, also seeds of West Indian and of Amevican cottons. Directions sent out for the culture of cotton, prepared by Mr. K. Hunt and by tbe African Society. 1811. Bourbon seed procured, and distributed to Collectors of Surat and Broach, with directions for cultivation. 1813. Mr. B. Metcalfe, a cleaner of cotton from Georgia and New Orleans, sent to Tinuevelly, with saw-gins. Mr. Bruce directed to send cotton -seed from Persia to India. Seed from Bourbon and Seychelles Islands procured. 1814. Two or three hundred bales of the best and cleanest Toomil cotton directed to be sent annually. 1816. Collector at Caranga eultivutes Bourbon cotton there. Drawback allowed " of the whole internal and sea duties " on cotton exported to Great Britain. Two improved gins sent to Bombay, one for cleaning black-seed, the other for green-seed cotton. 1817. Mr. Assistant-Surgeon Gilder succeeds in cultivating Bourbon cotton at Kaira. Cotton culture attempted in Circavs by Commercial Residents. The Court suggest that, in addition to Caranja and Salsette, Malwau should be tried. 1818. Satisfactory report from Malwau, Pernarabuco seed asked for. Mr. Hughes successfully cultivates Bourbon cotton at Tinuevelly. Mr. Hsath, having obtained instructions from Mr. Hughes, succeeds in Coimbatore. Memoir from Mr. Kau- dall. Commercial Piesident in Ceded Districts, proposing re- wards for growing Brazil cotton in districts of Madras Presi- dency. Foul' cotton farms of 400 acres directed to be established at Tinuevelly, Coimbatore, Masulipatam, and Vizigapatam. 1810. Considerable success by Mr. Heath in Coimbatore. The cotton approved of in England, and 500 bales of 300 lbs. each, sent to China, and sold there. 1823. Barbadoes and Brazil cotton grown at Tittyghur, near Earrackpore. 1828. Attention again called to the subject of cotton culture by Lord Ellenborough, Pi'esident of the Board of Control, " in different and distant parts of India ; " also in a Paper by one of the Directors, H. St. George Tucker, Esq. 1829. The Court direct attention to the growth of new and 174 EXISTING GOVERNMENT INSTITUTIONS Cotton. better species ; sent out machines for cleaning cotton ; sent out seeds of Upland Georgia and of New Orleans Cotton ; also Sea Island, Pernambuco and Demarara Cotton Seed, with accounts of methods of cultivation ; — five of Whitney's saw-gins sent out to India, with twelve more made up in England, and metallic work for twelve sets to be made up in India. — A quantity of Surat Cotton (500 bales) also ordered to be sent, of the best quality and well cleaned. — Rewards to be offered both to Ryots' and to Wakarias for clean picking, and cleaning. — The Agricul- tural Society of India had an allowance of 1 OOOZ. a year, exclu- sive of rents, until 1833, to attempt the culture of cotton. — 20,000 rupees allowed for premiums for cotton aud tobacco. Dec. 31. Bombay Government report establishing a farm in Guzerat under Mr. Finney, another in Dharwar, &c., under Dr. Lush, another in Salsette. Land offered for cultivation of Cotton. 1830. Upland Georgia, Sea Island, Demarara, and other seed, also saw-gins received at Calcutta. — 300 bales of Toomil Cotton sent, and 25 bales from Broach Farm. 1831. Partial success at Cotton farm established at Akra, near Calcutta. 1832. The Court direct that land appropriated to the growth of Cotton should not (as theretofore) be subject to a higher assessment. — 3000 to 4000 bales ordered to be sent, if pro- curable, at 115 rupees per candy. — Disposal of Cotton grown in the experimental farm of Guzerat for 152 to 1 56 rupees per candy. 1833. Reports from Collectors of Caddapah, 'Guntoor, Areot, Salem and Coimbatore Farms, subsidiary to that at Dauda in Guzerat, established, to be cultivated by Ryots. Farms established at Segee Hullee in Bedare District under Dr. Lush. White-seeded perennial, also the Pernambuco and Egyptian succeeded. — Agency for the purchase of Cotton from Natives who had been instructed in picking it clean. — Screws and packing-sheds at Dharwar, Noulgond, and Gudduoh. Natives had the option of paying their rents in kind, or receiving a remunerating price. Foreign Cotton -seeds also tried in Dharwar, Poona, and the Concan. 1834. Egyptian Cotton-seed and Egyptian cleaning machine applied for and supplied. AND PUBLIC WORKS. 175 1836. Report of the proceedings of the East India Company Cotton. in regard to the production of cotton wool, published. 1830. The Court of Directors first propose to procure planters from America, with a view to further experiments. Minute by Lord Auckland on this subject, with reports from Madras and Bombay, giving an account of the results of former experiments, as well as proposals for the present one. 1840. Mr. Elphinstone, Collector of Eutnagerry, succeeds in cultivating Sea-Island and Bourbon cotton. Captain Bayles returns with ten planters from Cotton States of- North America, bringing witli him seeds and saw-gins, ploughs and hoes, with model of a gin-house. A hand saw-gin, prepared in Liverpool, where experiments are made, and three planters are sent to Broach, in Bombay. 18-11. Three Planters sent to Madras, first stationed at Tin- nevellj', then at Coimbatore. Four planters sent to Calcutta, and stationed in the Doab and Bundelcund, Dr. Burns ap- pointed to the charge of the experiments in Broach. 1819. An Engineer sent to each of the three Presidencies, to repair and put up machinery. Mr. Sliaw and Mr. Hadow, Col- lectors, cultivate New Orleans and Bourbon cotton, in Dharwar. Mr. Mercer is stationed at Dharwar. Mr. Finnie explores the North-West for suitable sites. 1843. Unsuccessful experiments in Gorruekpore, and at Agra, by Mr. Blount and Mr. Finnie. Successful 'trial of New Orleans cotton by Mr. Wrougbton, Collector of Coimbatore. 1845. Messrs. Simpson and Blount appointed to conduct ex- periments in Candeish. Cotton Committee appointed at Bombay. 1847. Mr. Landou appointed to carry on experiments in Bi'oach. (November.) Court of Directors order the following six queries to be sent out and circulated among the Collectors in the Presi- dencies, and the Political Agents iu such Native States as are known to produce cotton.* 1. What is the price of cotton, freed from seed, at the principal mart or marts iu your district ? * For replies to several of these queries, vide Report pre- sented to the Eoard of Trade by Dr. Forbes Royle, in 1857. 176 EXISTING GOVERNMENT INSTITUTIONS Cotton. 2. At what prices does the Ryot sell his cotton, cleaned or un. cleaned, and with or without advances ? 3. What is the expense of cleaning cotton by the churka, or foot roller, or by any other method which may be in use ? 4. What are the expenses of conveying cotton to the nearest port for shipment? 5. What is the average produce of cotton per beegah, or acre ? 6. What is the quantity of land under cultivation with cotton, and to what extent is it probable that the cultivation could be carried in the event of an increased demand ? 1848. Mr. Blount, having returned from America, is engaged to lake charge of the culture in Dharwar. 1849. Mr. Simpson is engaged to prosecute the expeiiments in Candeish, 200 cottage saw-gins, prepared under the superintendence of the Manchester Commercial Association and of Mr. Petvie, sent by the Court of Directors to the three Presidencies. Seeds and saws sent at various times during these experiments. 1850. The Indian Government offers, through the Agricul- tural Society of India, a reward of 5000 rupees for an improved cotton-cleaning machine. SECT. IV.— MEASURES ADOPTED BY THE GOVERNMENT TO PROMOTE THE WORKING OP IRON ORES IN INDIA 1850. In a Dispatch dated December 11, relating to the in troduction of railways into India, the Court of Directors called the attention of the Government to the manufacture of iron in Bengal, pointing out several localities as most eligible for carrying on those works. In the same year the Court addressed a Dispatch to the Go- vernment of Madras, calling attention to the subject of iron works within that Presidency. The Madras Government observed, in reply, that the various reports for seventeen years on the affairs of the Porto Novo Iron Company, would have put the Court in possession of the AND PUBLIC WOEKS. 177 means and operations of that Company, which were then manu- iron Ores, facturing superior ores at Beypoor. It was added, that additional capital alone was wanting to develope the resources of the Presi- dency as regards iron, the locations of which were stated to have been sufiSciently shown in the correspondence which had taken place relating to the collection of specimens for the Great Exhi- bition. Subsequently an arrangement was concluded with " The Indian Iron Company," the leading feature of which was the grant of fresh leases for thirty years to a new Company of tlie districts held on lease by the Old Iron Company, such leases to contain provisions for securing the due working of the iron ores on an enlarged scale. In the same year the Court directed the institution of in- quiries with regard to the capabilities of Western India, as re- gards the production of iron. The reports received in reply show that iron ore exists in many parts of the Presidency of Bombay, and that in those districts iron is manufactured to a small extent by the natives for their own use. In consequence, however, of the general scarcity of fuel, and the wasteful manner in which the process of smelting is conducted, the iron imported from England seems to have the advantage both as regards quality and price. With re- ference to the iron of Belgaum, Professor Oldham observes, " the absence of economical fuel and the scattered mode of occurrence of the ores appear to be abundantly sufficient to preclude the profitable extraction of the raetal." 1853. Mr. Jacob, and afterwards Professor Oldham, were deputed to examine reports upon the mineral resources of the valley of the Nerbudda. 1854. (The existence of iron mines in the Province of Ku- maon having been long known) Lieutenant-Colonel Drummoud of the Bengal Establishment was deputed to this Province to carry on the investigations necessary to satisfy the British public that sufficient inducement existed for the investment of capital in iron works in India. Colonel Drummond entered on his duties on the 18th October, 1854, and continued his researches for a period uf about seven months. His inquiries appear to have been princij)ally directed to the Bhabur district of Kumaon, and the results may be briefly summed up as follows : — 178 EXISTING GOVERNMENT INSTITUTIONS Iron ores. In 'order to obviate the necessity of carriage through a mountainous country, it became an object of importance to trace the existence of iron as near the plains as possible, and Colonel Drummond's first inquiries were consequently directed to the tract of country at the foot of the hills. At Dechouree the most western point of Colonel Drummond's route, a rich iron ore was discovered associated with clay. Here the deposits are stated to be readily discoverable not only by the large masses lying on the surface, but also by the beds being exten- sively exposed by deep ravines. In one part the solid bed of ore is exposed to a thickness of 30 ft. ; in another it measured 24 ft. ; in a third it exceeded the depth of 50 ft. Where " a bed of such rich material," says Mr. Sowerby, one of the civil engi- neers connected with the East India Railway Company, "is ascertained to be at least 50 ft. thick — a few feet more or less cannot be of much importance." The extent of ground ex- amined at Dechouree was about a mile, and the quantity of ore at and near the surface was estimated to yield, if smelted, 100,000 tons of pig iron. From Dechouree Colonel Drummond pursued his course in an easterly direction, passing by Loha Bhurbur, Kaleedoongee, Chowsilla, Beejapore, Jham, Burgote, and Burragur. The length of the route was about sixty miles, and rich deposits of iron ore were discovered at most of these places, varying in thickness from 25 ft. to 50ft. At Loha Bhurbur the ore is associated with clay, not mere clay impregnated with iron, but solid iron stone. Huge blocks are here represented as lying exposed on the surface : several of these were measured, and found to be up- wards of 10ft. long, 6 ft. broad, and 4ft. in thickness, each of which, it is said, if smelted into pig iron, would yield upwards of three tons of metal. These blocks were not occasional, but frequent, and common over the whole distance traversed, which was a mile in length, by a width of 175 yards. It was estimated, that upwards of 60,000 tons of metal could be obtained from the ore lying on the surface. The beds in the route, pursued by Colonel Drummond, fully show that an inexhaustible supply of workable iron ore yielding the quality of iron which is most use- ful for railway purposes can be obtained in an accessible tract, along the outer face of the lower Himalaya ranges, close to the plains. AND PUBLIC WORKS. 179 1855. A. Report on the Iron Ores of India, from Lieutenant- Iron ores, Colonel Goodwyn, Chief Engineer of the Lower Provinces of Bengal, in the Public AVorks Department, dated Fort William, June 27, contains the following passage : — " That the Indian Iron can not only be successfully worked, hut structurally applied, was proved many years ago, by Colonel Presgrave, formerly Mint-Master at Saugor, who smelted the iron in the neighbourhood, rolled it in the mint rollers, fashioned it into bars and rods, and then erected an excellent suspension bridge, near Saugor, entirely from the ore in the vicinity. Its manufacture in India is a subject of prominent importance, and scarcely less so than the establishment of railways and electric telegraphs. " I will not here enter into details of the profits or percentage gained by native processes, or the nature of those processes: suffice it to notice here, that the result is most satisfiictory, as a guarantee to enterprise, whilst the specimens that I have seen, and which are extant, show the metal to be of superior quality, where attention has been paid to locality, and if the postulates I have advanced are admitted, I deem that the Government would do well to expend a certaiy sum to place the matter beyond all possible doubt. "As regards Central India, the Gwalior and Jubbulpore districts and the neighbourhood of Hazareebaugh, place the question of the existence of good iron beyond doubt; but for the more ready consumption of the Presidency and its vicinity, it would, probably, be worth while to enter on experiments in the Valley of the Damooda, near Pianeegunge, on the Brohming in Cuttack, in Assam, and near Palamoas; and an outlaj' of from one lac to four lacs of rupees according to the extent of the operations, would, I am sui'e, end in the most advantageous results. " Its modus operandi will be to call ujDon the authorities for an immediate brief return of the general character of the iron ; in- formation which has, at various times, been obtained on each district in which it is found ; to select from these, under advice, two, three, or four districts, with especial reference to local facilities for the object in view, and, if possible, of after convey- ance; to decide to spend not exceeding Bs. (400,0t)0) four lacs upon the whole ; to erect, at once, moderate-sized blast furnaces, at each place, the blast engines, Ac, being constructed in Cal- 180 EXISTING GOVERNMENT INSTITUTIONS, ETC. Iron Ores, cutta, while the furnaces are being built, the iron stone, or ore, fuel, and flux, being simultaneously collected in quantity, in readiness for the starting, and keeping up the supply, and placing each furnace in charge of some person who has been used to the work, and who may be found in the Calcutta foundries, giving to them certain latitude, to vary the proportions, and record the results, and give a large premium to the most success- ful, to send down the first pigs made to Calcutta ; and, upon the result of this examination, and the reports of the blast furnace operations, and local supplies, there will be no difficulty in making over the whole to those who will complete the scheme by supplying all the rolling mills, puddling furnaces, and con- tinuing the manufacture through all its stages, either returning the outlay to the Government, if made a condition or not, as may be considered most equitable at the time. " I believe that no complete analysis by a regularly-trained iron- viewer- and smelter has yet been faithfully obtained, and it is very probable that greater value may, on the result of such analysis, be found in some localities, that will materially affect the prospect of working them ; and I would faip hope that, under effective and scientific majiagement, our public works may, at no distant period, receive that aid from native iron, without which their energies must be comparatively circumscribed." 1856. (March and April.) A blast furnace was erected at Deckouree, 50 miles from Moradabad in Kumaon ; and, upon the works being completed, two experiments were made to test its ef&cacy for the smelting of iron ore, which were partially successful. The metal which was taken out of the furnace, when remelted, flowed out in a very liquid state into small pigs, which, when fractured, showed them to be iron of the best quality. — {Vide Mr. Sowerby's Eeport, April, 1856.) CHAPTER VIII. LAWS AND PUBLIC DOCUMENTS RELATING TO BRITISH INDIA. Sect. I. — Bengal Eegulations, and Acts of the Govebnoe- General in Council. Sect. II. — Obders in Council. Sect. III. — Acts of the Impekial Pakliament. Sect. IV. — Parli^uhentajrt Eepoets, Accounts, and Papees. SECT. I.- -BENGAL REGULATIONS AND ACTS OP THE GOVERNOR-GENERAL IN COUNCIL. (Those previous to 1834 being styled " Eegulations" — those of a subsequent date, "Acts.") *,* The initials placed before the titles signify — R. Revenue — J. Judicial — M. Miscellaneous. Eegula- tions. For what Pro- vinces enacted. Subject of the Regulation. 1793. 1 9 3 i 6 Bengal. it )» E. E. J. J. J. The Revenue Settlement of Bengal, Behar and Orissa declared perma- nent. Powers and duties of Collectors and of the Board of Eevenue. Constitution and jurisdictiou of Zillah Courts. Eules for receiving, trying, and de- ciding Civil Suits. Rules for receiving Appeals, and the 182 LAWS AND PUBLIC DOCUMENTS Kegula- tions. 1793, 6 8 10 11 12 13 14 15 16 17 18 19 21 22 24 26 27 33 35 86 38 39 For what Pro- vinces enacted. Bengal. Subject of the Begnlation. relation of the Court of Appeal to the Court of original jurisdiction. J. Jurisdiction, powers and duties of the Sudder Dewanny Adawlut. R. Rules for the decennial settlement of Bengal, Behar, and Orissa. J. Powers and duties of Magistrates, the Courts of Session, and the Niza- mut Adawlut — Rules of Mahomme- dau law, modified. R. Powers and duties of the Court of Wards. R. Succession to estates of intestate pro- prietors. J. Appointment and responsibilities of Mahommedan & Hindoo law officers. J. Appointment, removal, and duties of ministerial Officers of Courts. R. Recovery of arrears of revenue. J. Rates of interest to be allowed on loans and mortgages. J. Reference of Suits to arbitration and to the Nazira. R. Recovery of arrears of rent. J. Preservation of judicial records, civil and criminal. R. Validity of La-Khiraj Titles, not Bad- shahee. R. Preservation of revenue records. J. Establishment of police. R. Payment of pensions charged on the land revenues. M. Fixing the age at which landholders attain majority. R. Resumption and abolition of Sayer. M. Embankments, reservoirs, and water- courses. M. Coinage. J. Registry of deeds and wills. M. Revenue and judicial covenanted ser- vants forbidden to lend money to natives. J. Appointment, removal and duties of the head and town Kazis. RELATING TO BRITISH INDIA. 183 Kegula- tions. For what Pro- vinces enacted. Subject of the Eegulation. J 793. 41 Bengal. M. Enactment and authority of regula- tions. 43 »» M. Allotment of lands to native invalid officers and soldiers. 44 »» M. Limitation of term for grant of leases by proprietors. 48 It M. Formation and continuance of quin- quennial register. 49 >» M. Aflrays respecting disputed rights in land. Court of Wards may admit females to SO )» R. manage estates. 1794. 3 j> R. Recovery of arrears of revenue — Re- covery of money or accounts from public servants — Expediting the settlement of revenue accounts. 8 '• R. Reference of revenue accounts by Courts to collectors for report. 1795. 1 Benares. R Permanent settlement of the land revenue of Benares. a )> R. Rules of the temporary settlement preceding the permanent, enact- ment, authority, and construction of regulations. 3 '• R. Prohibition of the collection of in- ternal duties. 5 •• E. Powers and duties of the collectors of land revenue. 6 R. Recovery of arrears of revenue. 7 ■' J. Constitution — Duties — Powers and jurisdiction of Zillah Courts. 8 }) J. Rules for the institution and trial of civil suits — Privileges of the Raja of Benares. 9 )» J. Rules for the institution of and trial of appeals. 10 '• J. Jurisdiction of the Sudder Dewanny Adawlut in Appeals. 11 J. Appointment and duties of law officers. 12 t 1 J. Appointment and duties of ministerial officers of Courts. 184 LAWS AND PUBLIC DOCUMENTS Eegula- tions. 1795. 15 16 17 18 la 21 23 27 28 30 83 35 41 42 43 44 45 46 48 49 50 51 65 For what Pro- vinces enacted. Benai'es. General. Benares. Subject of the Eegulation. Bengal. J. Reference of suits to arbitration and to the Raja. J. Administration of criminal justice. J. Establishment of police. J. Preservation of judicial records. R. Formation and continuance of quin- quennial register of lands. M. Prevention of infanticide. J. Record of judicial rules anterior to the judicial code. R. Rights of proprietors under the per- manent settlement. J. Registry of deeds and wills. R. Preservation of revenue records. R. Record of rules respecting the cul- tivation of indigo by British sub- jects. R. Recovery of arrears of rent. J. Repealing a. 7, Regulation 8, 1794; also establishing a Court of De- wanny Adawlut in the Districts comprised in the Zillah of Burd- wan. R. Validity of La-Khiraj Titles. R. Validity of La-Khiraj Titles. Bad- shahee Titles. M. Allotment of land to invalid native officers and soldiers. R. Succession to estates of intestate proprietors. R. Recovery of arrears of rent. M. Embankments, reservoirs, and water- courses. M. Revenue and judicial covenanted ser- vants forbidden to lend money to natives. J. Appointment, removal and duties of head and town Kazis. R. Limitation of term for grant of leases by proprietors. R. Rules respecting Ryotty Pottahs. R. Coiistitutiou and duties of the Court of Wards. RELATING TO BRITISH INDIA, 185 Kegiila- tions. For what Pro- viucea enacted. 1795. 68 Bengal. 6] jf 69 »» 1796. 8 General. 3 Bengal. 4 General. 7 Bengal. 9 General. 10 »* 11 »» 13 »» 1797. 3 Benai-es. d General. Subject of the Begulation. V 8 J 3 14 Local. Benares. General. K. Commission granted to Collectors, on La-Khiraj resumed. M. Mint Master to furnish Collectors with money-weights. M. Abolition of the Mint at Moorsheda- bad. J. Procedure of Magistrates against offenders, being European British subjects. R. Limitatioa of the operation of the Court of Wards Regulation. J. Provisions for the absence of Judges and Magistrates. R. Repealing portions of Regulations 8 and 10 of ]793, relating to the per- manent settlement. J. Appearance of prisoner's witnesses before the Court of Sessions. J,. Provisions in case of difference be- tween judicial officers on the con- struction of Regulations. J. Procedure against persons resisting or evading process of criminal Courts. J. Court of Appeal to adjudge interest in decrees and to punish litigious appeals. J. Police Responsibilities of landholders and farmers. J. Administration of Mahommedan law — Procedure on charges of sorcery — Examination of witnesses in cri- minal cases. J. Appropriation of police funds. J. Zillah of Bakungunge constituted. J. Prosecutions for recovery of losses by theft to be civil suits. J. Powers and duties of assistant Ma- gistrates. J. Levy of fines — Equivalent imprison- ment — Restitution of stolen pro- perty. 186 LAWS AND PUBLIC DOCUMENTS Eegula- tions. 1797 15 16 19 1798. 1 3 6 1799. 1 9 9 10 1800. 1 For what Pro- vinces enacted, 10 1801. 1 G eneral. Sylhet. General. Benares. General. Bengal. ' Bengal, and partly Benares. General. Subject of the Begulation. R. Fees on divisions and transfer of estates — Definition of " Jumma." J. Appeals to Her Majesty in Council. J. Translations — Rescissions of previous rules. R. Procedure in cases of conditional sale, or Bye-bil-WuSa. J. Authorizing a review of causes de- cided by the Civil Courts in certain cases. J. Vacations of the Courts. J. Security in appeals — Preservation of judicial records. M. Freedom of trade on the frontiers of Sylhet. J. Administration of Mahommedan law. J. Procedure on resistance of process of Civil Courts. J. Reference of trials to the Nizamut Adawlut. J. Appointment of guardians to minors, being proprietors not subject to the jurisdiction of the Court of Wards. R. Use of stone quanies at Ohuuar. E. Extension to Benares of Regulation 7, 1799. R. Establishment of Pergunnah re- . gisters. R. Succession to landed estates. R. Realization of revenue — Amendment of Regulation 7, 1799. Separation of Talooks from Zemin- daiies. J. Constitution and powers of the Courts of Sudder Dewanny and Nizamut Adawlut. Powers of single judges. RELATING TO BRITISH INDIA. 187 Eegula- tions. For what Pro- vinces enacted. Subject of the Regulation. 1801. 3 7 General. Bengal. J. R. Procedure on charges of perjury pre- ferred by parties against witnesses. Duties on dbonies and vessels navi- 8 General. J. gating the Hooghly. Administration of Mahommedan law — Eeference of trials to the Nizamut Adawlut. 9 »j J. Procedure in cases of resistance of 1802. process of Criminal Courts. 3 »j E. Duties on spirits manufactured at distilleries worked in the European manner. 3 1) J. Securities to be taken in civil suits 6 J. and appeals. Prevention of infanticide at Saugor and elsewhere. 1803. 1 Ceded J. Enactment and authority of Regu- Provinces. lations. 2 )) J. Constitution, jurisdiction, and powers of Zillah Courts. 3 ji J. Institution and trial of civil suits. 4 J. Institution and trial of appeals. 5 if J. Jurisdiction, powers and duties of the Sudder Dewanny Adawlut. 6 J. Powers and duties of Magistrates. 7 " J. Powers and duties of Courts for hold- ing Sessions. 7 yi J. Jurisdiction of Court of Nizamut Adawlut. 11 )} J. Appointment and removal of Mahom- medan and Hindoo law officers. 12 ») J. Appointment and duties of ministerial officers of Courts. 13 „ J. Preservation of judicial records. 17 9> J. Registry of wills and deeds. 19 5» M. Revenue and judicial covenanted ser- vants forbidden to lend money to natives. 20 >> J. Procedure in cases of crimes against the State. 188 LAWS AND PUBLIC DOCUMENTS Begula- tions. For what Pro- vinces enacted. Subject of the Regulation. 1803. 31 Ceded Prov. J. Reference of suits to arbitration. 29 »» J. Procedure in cases of difference be- tween judicial officers on the con- struction of Regulations. 93 »» K. Preservation of revenue records — Fees on divisions of estates. 94 11 R. Rules respecting pensions assessed on the land and payable from the Treasury. 95 ti R Powers and duties of Collectors — Board of Revenue — Transfer of estates. 96 >i R. Rules for sales of malguzary lands. 97 If R. Recovery of arrears of revenue and instructions respecting a Triennial Settlement. 98 tf R. Recovery of arrears of rent. 30 j» R. Rules respecting ryotty pottahs. 31 *} R. Validity of La-Khiraj Titles not Badshahee. 33 1) R. Recovery of money and accounts from Revenue servants. 34 it J. Rate of interest on loans, mortgages, and conditional sales. 35 »f J. Establishment of police — Respon- sibilities of landholders. 36 )j R. Validity of La-Khiraj Titles — Bad- shahee. 49 »> R. Quinquennial andpergunnah registers. 44 »i R. Embankments, reservoirs, water- courses. 46 II J. Appointment, removal, and duties of head and town Kazis. 47 II R. Powers of landholders to grant leases. 50 General. J. Attendance of witnesses before Court of Session. 59 Ceded Prov. R. Powers and Duties of the Court of Wards. 53 General. J. Mahommedan law — Dacoity or gang robbery — Security for good beha- viour — Transportation -^ Escape of convicts. RELATING TO BRITISH INDIA. 189 Eegula- tiona. For what Pro- vinces enacted. 180-t. 1 3 General. Ceded Prov. 4 Cuttack. 5 General. C Ceded Prov. Conquered Provmees. 10 General. 1808. 2 )j 3 )> 5 Ceded Prov. 8 Con. Prov. 9 u 12 Cuttack. 13 » 14 17 19 1800. 1 Bengal and Cuttack. Bengal. Subject of the Regulation. General. Pi. Invalid jaghires and pensions. J. Evasion or resistance of process — Bailable offences — Infanticide. J. Administration of justice in criminal cases — the laws in force in Bengal, Beliar, and Orissa, extended to Cuttack. M. Appointment and removal of public servants — Oath of revenue officers. E. Salt— Rescinds XXXIX.— 1803. J. Division territorial and judicial — Magistrates, police and adminis- tration of criminal justice. J. Suppression of crimes against the State. J. Limitation of time for suits, and for recovery of arrears of rent, fines, and penalties — Devices in Govern- ment suits — Calculation of period for appeal. J. Punishment of gang robbery and theft. R. Modifying the terms for the second settlement of Fussily, 1913 tol2I5. M. E.xtension of Regulations of 1803 to the Conquered Provinces. M. Proclamation of the terms of settle- ment after Fussily, 1212. R. Proclamation of settlement — Exten- sion of Regulations. J. Administration of police — Amend- ment of IV.— 1804. Administration of civil justice. Management of joint undivided estates. Address to the Nazim of Bengal. J. Sudder Dewanny Adawlut authorised to dispense with vacations — Aboli- tion of Zillah of Beerbhoom J, Modification of rules of practice — 190 LAWS AND PUBLIC DOCUMENTS Begula- tions. For what Pro- yinces enacted. Subject of the Begulation. 1806. Security — Process — Subsistence money — Satisfaction of decrees by instalments. 6 General. R. Repairs of embankment. 7 Bengal. J. Establishment and jurisdiction of Courts of Twenty-four Pergunnahs. 10 General. J. Security to be required on preferring charges of corruption against law offi- cers and ministerial officers of Courts. 11 »» M. Assistance to troops and travellers passing through districts, military guards and escorts. 12 Agra. J. Annexation of Pergunnahs resumed from Bhurtpore to Zillah of Agra. 14 jj J. Abolition of Zillali of Saharunpore. 15 General. J. Procedure on committal of European British subjects — Estates of de- ceased Europeans. 16 Bengal. M. Relating to the Nawab Nazim. 17 General. R. Rules respecting interest and condi- tional sales. 18 Bengal. E. Collection of Tolls on boats on the Hooghly. 91 General. R. Appointment and responsibilities of Tehsildars. 22 11 R. Payment of pensions charged on the land revenue. 1807. 1 i» J. Powers of single Judges of the Sud- I. der Dewanny Adawlut. 2 *» J. Punishment of perjury and forgery. 7 Benares. R. Payment by Zemindars of their re- venues into the Moolky Treasury. 9 General. J. Process in criminal cases — Powers and appointment of magistrates — Bail — Calendars and reports. 10 Ceded Prov. R. Appointment of a commissioner (su- perseded). 11 General. R. Transportation of arms of European manufacture beyond the Company's territories forbidden without a Government pass. RELATING TO BHITISII INDIA. 191 Eegula- ticns. For what Pro- vinces enacted. Subject of the Regulation. 1807. 13 General ex- R. Regulation of currency of certain cept Beugal. coins. U Ceded Prov. J. Police — Amendment of the system. 1808. 4 1) R Appointment and duties of Canon- goes. 5 " R. E,Kplauation of certain rules respect- ing the settlement. 6 Cuttack. R. Settlement for Uralce. 1216—1319. r Ceded Prov. R. Registry of La-Khiraj's lands. 8 General. J. References of trials for Dacoity to the Nizamut Adawlut — Powers of single Judges. 10 Beugal. J. Appointment and powers of superin- teudant of police for Calcutta, Dacca, and Moorshedabad. 11 General. R. Adjustment of rent payable by heirs of invalid jagbirdars. 13 »i J. Security for staying execution of de- crees pending appeal. 1809. 2 11 J. Power to convene courts- martial on foreign service. 3 " J. Police in military cantonments and bazaars. 8 ?> M. Appointment and Removal of native officers in civil departments. 1810. 1 »» J. Power to dispense with futwas in cri- minal cases. 4 Cuttack. J. Abolition of the office of Commissioner of Cuttack. 6 General. J. Responsibilities of Zemindars to give notice of crimes. 8 J) J. Appointment of a superintendant of police for Patiia, Benares, and Bareilly. Collection of Government Customs. 9 R. 13 " J. Powers of the single judges of the Sudder Dewanny Adawlut. 14 " J. Remission and mitigation of punish- ment — Pardon. 192 LAWS AND PUBLIC DOCUMENTS Regnlar tions. For what Pro- vinces enacted. Subject of the Begulation. 1810. 16 General. J. Appointment of Magistrates, assist- ant Magistrates, and joint Magis- trates-.— Remuneration of Police for meritorious services. 19 » K. Endowments — Public Buildings — escheats. SO i» J. Amenability of camp-followers to Martial laws — Limits of Canton- ments — Police in Military Bazaars. 1811. 1 Bengal. J. Punishment for housebreaking — Search for stolen property. 3 General. R. Support of invalid Native Military Officers. 6 •Bengal. R. Close of period for allowing compen- sation in lieu of Sayer resumed. 7 General. J. Duties of Police. 9 ff R. Division of lands — Rights of Share- holders. Importation of Slaves prohibited. 10 11 M. 11 tt R, Extension of the period for correcting errors in apportioning the jumma on division of estates. 12 i> J. Constitution of the Sudder Dewanny and Nizamut Adawlut. 13 Bengal and R. Constitution and powers of the Sud- Outtack. der Board of Revenue. 14 General. J. Punishment by Transportation — office of Magistrate of the Twenty-four Pergunnahs. 1819. 1 Bengal. R. Modification of Customs' Duties. 2 General. R. Coinage and Mints. 3 11 J. Preliminary investigations and Ma- gistmtes — Responsibilites of Land- owners as to crimes on their estates. 4 f> J. Conduct of suits of Native Princes before British Courts. 5 »j R. Realization of revenue. r Bengal. R. Abolition of the house-tax. 9 Ceded Prov. R. Declaration that the settlements will not be made permanent. 10 Con. Prov. Same. RELATING TO BRITISH INDIA. 193 Eegula- tions. For what Pro- vinces enacted. Subject, of the Regulation. 1812. 11 General. M. Removal of suspicious immigrants. 14 Ceded Prov. E. Period for which leases may be granted by landholders. 15 Ceded Prov. J. E.xtension of rules respecting house- and Beufives. breaking. 16 Bengal. J. Execution of decrees of Court of Requests in Calcutta, by Court of T\Yeuty-four Pergunnahs. 18 General., K. Limitation of time for leases. 19 1) R. Collection of customs. SO J. Registry of deeds — Indigo contracts. 21 Bengal. J. Police — Eescission of rules respecting licences to certain trades. 22 Buudelcund. E. Bxemptiou of certain jaghires in Buudelcund from tribute. 1813. 1 Cuttack. E. Modification of rules respecting set- tlement. 2 General. J. Punishment of Native OfBcers for abuse of trusts by using public monies. 6 M J. Eeference of suits to arbitration. 7 33 E. Eeference of revenue accounts by courts to Collectors. 9 »» J. Prosecution for perjury — Translation of regulations. 10 " J. Traaisportation restored — Transfer of convicts — Consolidated Abkarry re- gulation. 11 1> R. Modification of rules respecting pay- ment of pensions. 12 f) E. Collection of customs. 14 l> R. Rescinds rules about duties on horses. 1.5 33 E. Abolition of the office of Dewan to Collectors. 1814, o )> J. Rules for the conduct of suits against public officers. 4 33 E. Duty on saltpetre. 6 11 R. Eates of ad-valorem duties. 8 J. Eesponsibilities of landholders to give notice of crimes. 194 LAWS AND PUBLIC DOCUMENTS Begnla- tions. For what Pro- vinces enacted. Subject of the Begulation. 1814. 11 13 ]5 17 19 SO 21 93 General Bengal General. Bengal General 24 25 If 26 >f 27 i» 28 *i 29 Beerbhoom. 1815. 1 Ceded Prov. 3 Cuttack. 4 1816. 2 General. Part of Behar 3 Serampore. 4 General. 5 Cuttack. 6 )) J. Modification of tbe rules for the punishment of housebreaking. J. Abolition of the office of Cutwal in Dacca Patna and Moorsbedabad. J. Punishment by the Sessions Court for two offences conjointly. R. Recovery of arrears from Abkarry manufacturers or venders. R Rules for the division of estates. M. College of Fort William abolished. J Judicial and revenue officers not to employ their native creditors in public duties. J. Jurisdiction, powers, and duties of Moonsiffs and Sudder Ameens. J. Rules of practice in Zillah Courts. J. Powers of single Judges of Sudder Dewanny and Nizamut Adawlut. J. Modification of rules of practice in Civil Courts. J. Rules respecting the office and duties of pleaders. J. Consolidated rules respecting pauper suitors. R. Settlement of the lands of Ghautwals in Beerbhoom. R. Rules for dealing with Mocurreree and Istimraree tenures. R. Continuing the existing settlement till the year 1223— Umlee. R. Collection of Customs. R. Re-establishment of the office of Ca- noongoe. J. Relinquishment of administration of justice in Serampore. J. Prisoners in civil suits may petition on unstamped paper. R. Re-establishment of the office of Canoongoe. R. Extending settlement till 1226 — Umlee. RELATING TO BRITISH INDIA. 195 15 16 17 18 22 1817 2 5 6 7 9 12 13 16 17 19 Eegula- tious. For what Pro- vinces enacted. 1816. 7 Bundelcund. 9 Sunderbuuds. 11 Cuttack. 12 Cbittagong. - 13 14 General. Ceded Prov. General. Allaliabad. General. Behar. Dehra and Dhoon. General. Ceded ProT. General. Midnapore. Ceded Prov. Midnapore. General. Subject of the Regulation. R R, R. R. The estate of Amrut Rao exempted from the Regulations. Appointment and powers of Commis- sioners of Sunderbunds. Rules for the administration of cer- tain estates by a superintendent. Establishment of a Custom House at Cox's Bazaar. E. Consolidated opium regulation. J. Management of gaols and control over the employment of prisoners. J. Facilities to native officers and sol- diers in the prosecution and defence of civil suits. R. Settlement for Fussily, 1225 to 1229. J. Regulation and control of police and gaol establishments — Powers of Superintendent of Police. J. Annexation of Perguunali Haudys to Zillah Allahabad. J. Consolidated rules respecting Chokey- dars of Police. R. Re-establishment of the office of Ca- noongoe. J. Annexation of Dehra Dhoon to Sa- harunpore. R. Discovery of hidden treasure. R. Explanation of a rule in XXIV., 1803 — Pensions. J. Payment of Chokeydars of Police. J. Repeals 5, 1815 — Perguunah Bogree. R. Appointment and duties of Putwar- ries. R. Establishment of the office of Ca- noongoe. R. Duty on importation of opium. J. Administration of criminal justice — Mahommedan law. J. Oaths of native judicial officers — Proceedings in case of corruption or embezzlement. R. Recovery of arrears of rent. 2 196 LAWS AND PUBLIC DOCUMENTS Eegu- lations. 1817. 20 21 24 1818. 1 a 3 4 For what Pro- vinces enacted. 7 8 9 10 11 19 13 14 1819 1 2 8 5 6 7 General. Bengal. Bundelcund. General. Seharunpore. Cuttack. General. Con. Prov. Cuttack. General. Cuttack. General. Bengal. General. Subject of the Kegulation. J. General consolidatedPoliceRegulation. R. Rescinds a section of Regulation 9, 1810. R. Powers of a single member of the Board of Revenue. R. Establisliment of the office of Ca- noongoe. J. Annexation of the Elakehof Khundeh , to Zillab of Bundelcund. J. Authority to confine state prisoners without taking judicial proceedings. J. Re-establishing a Court, Civil and Criminal, in the north district of Seharunpore. R. Establishing the office of Commis- sioner of Cuttack. J. Rules of practice in Courts of Magis- trates and Sessions — Detention of prisoners — Bail — Recovery of pe- nalties from securities. R. Foreign trade. J. Security for good behaviour. R. Settlement, 1228 to 1232— Fussily. R. Realisation of the revenue. R. Modification of the opium regulations. J. Powers of magistrates in cases of housebreaking, theft, and receiving stolen goods, and of prisoners escaping from confinement — Police. R. Settlement of Cuttack, 1227 to 1229 — Umlee. R. Coinage. R. Modification of Regulation 12, 1817. R. Resumption of unauthorized La- Khiraj, J. Security to be taken from notorious robbers, not Dacoits. R. Coinage and mints. R. Management of ferries. J. Increased powers of magistrates in certain cases. RBLATINa TO BRITISH INDIA. 197 Regula- tions. For what Pro- vinces enacted. Subject of the Regulation. 1819. 8 Bengal and J. Rules regarding putnee talooks and Midnapore. leases — Recovery of rent. 10 Bengal and Cuttack. R. Consolidated Salt Regulation. 1820. 1 Bengal and R. Sales for realisation of rent — Putnee Midnapore. talooks. S Chanderna- J. Trial of offences committed in GLau- gore. dernagore. 8 General. J. Prohibiting the pressing of Coolies and Begarees. 4 J) J. Magistrates to give effect to the sen- tences of Courts Martial — Jurisdic- tion and powers of Magistrates. 5 E. Frontier duties on tobacco. 7 )> J. Punishment of Dburua. 1821. 2 J. Practice of Civil Courts. 3 )i J. Powers of assistant magistrates, of native law officers, and Sudder Ameens— Chokeydarry assessment — Immigration of suspicious foreign- 4 it J. ers. Power to blend the offices of Collector and Magistrate. 5 " R. Value of certain rupees in revenue payments. 1822. 1 11 J. Powers of magistrates in cases of affrays. 2 R. Collection of customs. 3 R. Powers of the Board of Revenue. 4 J. Administration of Mahommedan law. Benares. J. Extension of Court of Wards Re- gulation to Benares, and limit of discretionary power of interference in case of minors. 7 N. W. Prov. R Settlement of the North-Western Provinces and Cuttack — Powers of Collectors — Making and revising Settlements. 8 General. J. Power to remove criminal trials from one court to another. 198 LAWS AND PUBLIC DOCTJMENTS Eegnlar tious. For what Pro- vinces enacted. Subject of the Bogalation. 1898. 10 G arrow Hills. J. Special rules for the administration in the G arrow Hills. 11 General. J. Administration of estates purchased on account of Government — Govern- ment declared not liable for errors of Courts of Justice. 1828. a $t J. Punishment of affrays. 4 II J. Judges not to try prisoners committed by themselves as Magistrates — Em- ployment of convicts in Allypore gaol. 5 Bengal. E. Frontier duties. 6 General. M. Enforcement of indigo contracts. 7 i> M. Covenanted civil servants forbidden to borrow from natives subject to their authority or influence. 1824. 1 it R. Power of Government to obtain land for roads or other public purposes. 2 Ceded Prov. R. Abolition of the mint at Furruckabad. 3 General. J. Powers of Principal Sudder Ameens and Sudder Ameens appointed to out-stations. 4 91 J. Registry of deeds — Rules modified. 5 Bengal. R. Extension of the indigo contract Re- gulation 6, 1823. 6 General. J. Procedure of Magistrates in cases of persons charged with two or more offences. 7 »» R. Amended rules for the Abkarry and Opium Departments. 8 Bengal. R. Tolls on the Hooghly. 9 General. R. Modification and amendment of Re- gulation 7, 1822. 10 ii J. Magistrates empowered to tender par- dons. U " J. Magistrates to depute assistants to make local investigations. 13 „ J. Enlarged powers of Sudder Ameens. 14 " R Jurisdiction of Collectors in summary suits for arrears of rent. RELATING TO BRITISH INDIA. 199 Regula- tion. 1835 1 2 4 5 6 7 8 11 12 13 11 15 16 18 19 20 21 J 826. 2 3 5 For Tvliat Pro- vinces enacted. General. Chiusurah. Bengal. General. Dehra Doon. Ceded Prov. General. Agra. Subject of the Regulation. J. Execution of process, civil and crimi- nal. J. Rules respecting review of judgment and pauper special appeals. J. Eules respecting security for keeping the peace. J. Provisiou for tbe union of the ofiBces of Judge and Collector. R. Eules for the supply of troops on march, in modification of Regulation 11, 1806. J. Sales of land in satisfaction of decrees — Attachment of lands. J. Public servants not to be employed in private business, nor private in pub- lic duties. R. Extension of provisions of 7, 1822 — New provisions in several subjects of revenue administration. R. Rules respecting gains and losses of land by alluvium or dereliction. J. Corporal punishment — Power of single Judges of the Nizamut Adawlut. R. Eules respecting Canoongoe and other La-Khiraj lands — Settlement of re- sumed lauds. R. Validity of La-Ehiraj grants. E. Duties and drawbacks. J. Punishment of Dacoity by Sessions Court. J. Annexation of Chinsurah to Zillah Hooghly. J. Rules for the exercise of certain judi- cial rights by the Nazim. J. Constitution and jurisdiction of the Military Courts of Requests. J. Administration of the Dehra Doon. R. Settlement, 1235 to 1239. J. Control of civil gaols. J. Annexation of Pergunnah Goberdhun to Agra. 200 LAWS AND PUBLIC DOCUMENTS Eegular tions. 1826. 6 8 9 10 11 12 1827. 1 1828. 1 2 3 For what Pro- yinces enacted. 7 8 1829. 1 Futtelipore. General. Bengal. Calcutta. Bhaglepore. General. Subject of the Eegulation. Sylbet. General. Benares. General. Delira Doon. General. J. The Zillali of Futtehpore constituted. K. Amended rules respecting opium. R. Local jurisdiction of the custom au- thorities. R. Manufacture of noonchye prohibited — Retail sale of salt allowed. J. Appointment of Hindoo and Mahom- medan law officers. R. Stamp duties in Calcutta. J. Administration of criminal justice in Bhaglepore. J. Procedure against law and ministerial officers of Courts for Corruption. J. Management of estates under attach- ment by Zillah Courts. J. Transportation — Convicts in Allypore gaol. R. Free trade in Sylbet. R. Appointment of special commissioners for La-Khiraj resumptions. R. Powers of collectors under 7, 1822 — enlarged and defined. J. Punishment of affrays — ^Modification of Regulation 2, 1823. R. Administration of the Raja's Jagbire Mehals. J. Powers of Magistrates in punishing affrays — Amendment of 1, 1822. R. Appointment and powers of Commis- sioners of Revenue and Circuit. J. Denomination of Judges of the Sud- der Court — Employment of copy- ists — Oaths — Abolition of law offi- cers of Provincial Courts. R. Modification of rules respecting com- missioners under 3, 1828. R. Administration of the district. J. Powers of magistrates in cases of theft. M. Modification of rules respecting re- turns, reports, calendars, &c. RELATING TO BRITISH INDIA. 201 Eegula- tions. ]829. 10 11 13 13 14 17 1830. 1 3 3 1881, 1 3 6 7 8 9 10 For Avhat Pro- vmees euacted. Subject of the Regulation. General. Miclnapore. General. Bengal and Benares. General. J. Consolidated stamp regulation. R. Repair of embankments. J. Punishment for wounding with in- tent to murder — Revision by Su- perior Courts. J. Suits against public officers — Govern- ment Vakeels. J. Security in civil suits to be given by residents in foreign territories. M. Abolition of Suttee. J. Administration of Midnapore. R. Trade with foreign countries. R. Export duties. J. Temporary employment of Mahom- medan law ofiBcers. R. Indigo crops and contracts. J. Allowance to prisoners in civil gaols. R. Rescission of rule for levying of interest on arrears of revenue. J. Examination before Magistrates. J. Punishment of Dacoity. J. Trial of cases removed from one jurisdiction to another. J. Modifications of authority in the juris- diction of Courts and officers in civil cases. J. Establishment of a Sudder Court for the North- Western Provinces — Zil- lah Ji^tlges empowered to hold Sessions. R. Cognizance of summaiy suits for arrears of rent transferred to Col- lectors. J. Powers of single Judges of the Sudder Dewanny and Nizamut Adawlut. R. Establishment of a Sudder Board of Revenue for North-Westeru Pro- 203 lAWS AND PUBLIC DOCUMENTS Kegular tions. For wliai Pro- Tincea enacted. Subject of the Eegnlation. 1831. 11 Con. and J. Employment of Tehsildars as Da- Ceded Prov. rogahs of Police. Appointment 183.^. and removal of police officers. 2 General. J. Power of search — Powers of law officers and Aumeens to punish Cho- keydars. 3 »» M. Emancipation of slaves. 4 ti R. Transport of salt. 5 Delhi Ter. J. Administration of the Delhi Provinces. 6 General. J. Native agency in Civil and crimi- nal Courts as jury, assessors, or punchayet — Administration of Ma- hommedan law. 7 »i J. Administration of justice in the Zil- lah Courts by the uncovenanted Judges. 8 Calcutta. J. Abolition of Zillah "Suburbs of Cal- cutta" — Establishment of Zillah Twenty-Four Porgunnahs. 1833. 1 General. R. Extended Powers of the S udder Board of Revenue for North- western Provinces. S ij J. Abolition of the Provincial Courts of Appeal. 4 >3 R. Superintendence and employment of convicts on public works. 5 Dacca. J. Union of Zil abs Dacca and Dacca Jelalpoor into one district. 6 G eneral. R. Duties on imports by sea. 7 >j R. Coinage. 8 ti J. .^poiutment of occasional Assistant Judges. 9 a R. Enlargement of certain provisions of 7, 1823 — Appointment of uncove- nanted Deputy Collectors. 13 Eamgbur, &c. J. Special rules for the administration of those districts. 1834 3 General. J. Abolition of corporal punishment and labour — Prison discipline. RELATING TO BRITISH INDIA. 203 LIST OF THE ACTS OP THE GOVERNOR-GENERAL OP INDIA IN COUNCIL. Act. For what Pro- vinces enacted. Subject of the Act. 1834. 1 General. M. Certain Acts of the Governor-General in Council declared valid. 2 )> M. Authority of Secretaries to Govern- ment. 1835. 3 Assam, Ar- racan, and Tenasserim. J. Administration of those territories. 3 Con. and R. Dissolution of the Special Commission Ceded Prov. to rectify errors in the assignment of proprietary possession. 6 Cossya Hilla and Cachar. J. Administration of those districts. 7 General. J. E.xteuded employment of Zillah Judges as Session Judges. 7 ti E. Sales of laud for arrears of revenue or rent to be effected by Collectors, not by Judges. 9 Bengal and E. Administration of salt chokies — C attack. Appointment of uncovenanted su- perintendents. 10 General. M. Notification in the Government Ga- zette, declared to be proof of the " Acts." 11 J1 M. Eegulation of printing presses. 16 R. Enforcement of indigo contracts. 17 ft E. Coinage. 18 ft M. Eestrictions on -wearing badges, uni- forms, &c. 21 11 E. Coinage. 1830. 5 tt J. Zillah Judges may employ Principal S udder Ameens to execute decrees. 8 >1 J. Appointments of Principal Sudder Ameen, Sudder Ameen, and Moon- siff, declared open to all persons — their responsibilities. 204 LAWS AND PUBLIC DOCUMENTS Act. 1836. 9 10 11 13 13 14 17 90 21 23 25 26 30 33 1837, 8 d 6 15 16 17 18 19 21 24 25 For what Pro- vinces enacted. General. Ceded Prov. Beg. Sumro's Jaghire. General. Bengal. General. Cuttack. General. Subject of the Act. J. Commanding officers and military sta- tions empowered to administer oaths. R. Enforcement of indigo contracts. J. No person exempt b}' reason of birth, &c. from jurisdiction of Civil Courts. J. Execution of decrees of the Nawab of Furruckabad. R. Coinage. E. Consolidated customs regulation — Abolition of inland and town duties. J. Provision for the administration of the resumed Jaghire. R. Rules respecting divisions of estates. J. Governor-General in Council may create new, and alter limits of ex- isting Zillahs. R. Collection of tolls on the Hooghly. R. Piules for warehousing ports. J. Appointment of a Superintendent of Police in the camp of the Governor- General. J. Punishment for belonging to a gang of Thugs. R. Importation of sugar. J. Transfer of suits and appeals from one Zillah to another. R. British subjects empowered to hold land. R. Responsibilities of Mulguzars for their jumma. J. Levy and appropriation of police tax. R. Levy of ad-valorem duties. M. Post-oEBce regulations. J. Committal and trial for Thuggee. J. Convicted persons admissible to give evidence. J. Declarations substituted for oaths not judicial. J. Re-appointment of superintendent of police — Powers of Session Judges — Revision of proceedings. J. Jurisdiction and powers of the several Civil Courts. RELATING TO BRITISH INDIA. 205 Act. For what Pro- vinces enacted. Subject of tlie Act. 1837. 28 General. M. Uncovenanted ofiBcers may be ap- pointed in the Stamp Department. 99 )i J. Language of proceedings, judicial and revenue. 31 )) E Coinage. 38 it R. Who may be appointed local agents under 19, 1810. 1838. 7 >i J. Powers of Zillah Judges in the hear- ing of appeals. 10 Kumaon. J. Administration t)f the Province. 11 General. R. Remuneration of Ameens effecting partition of estates. 20 „ M. Amended Post-ofi&ce regulations. 21 »» R. Coinage. 22 ») J. Summary appeals from Moonsiffs to Zillah Judges. 27 »» J. Jurisdiction and powers of Principal Sudder Ameens. 29 Bengal and Cuttack. R. Prevention of illegal traffic in salt. 30 General. J. Establishment of additional offices for registry of deeds. 32 J. Powers of Justice of the Peace. 1839. 1 )> R. Commissioners for sale of property distrained for rent. 2 »> J. Levy of fines by magistrates under the Acts. 3 " R. No one exempt from jurisdiction of Revenue Courts, or Moonsiffs, in matter of rent. 9 J. Practice in pauper suits. 11 Jt J. No stamps required for proceedings in appeals to Her Majesty in Council. 14 „ M. Emigration. 17 M Rates of postage. 18 11 J. Thuggee, where may be tried. 23 n J. Punishment of soldiers dismissed by Courts Martial. 26 »i J. Rescission of previous rules respect- ing charges against public officers. 206 LAWS AND PUBLIC DOCUMENTS Act. 1839. 27 32 1840. 2 5 7 10 16 19 21 22 23 25 1841. 1 5 6 7 10 11 13 For what Pro- vinces enacted. General. Subject of the Act. J. Execution of the decrees of the Court of the Twenty-four Pergunnahs by the Court of Eequests of Calcutta. J. Extension of certain English laws of interest to India. J. Sentences of imprisonment passed by Courts Martial, to be executed by officers in charge of gaols. J. Powers of magistrates in disputes respecting land likely to lead to affrays. J. . Declaration substituted for oaths of Hindoos and Mahommedans. J. Power to appoint uncovenanted De- puty Registers to the Sudder Courts. Abolition of Pilgrim tax at Jugger- nauth, Gaya, &c. J. Treatment of convicts at the places of punishment. J. Procedure in pauper appeals. M. Act 4, 1840, declared not retrospec- tive. J. Punishment of vagrants. J. Execution of process of Mofussil au- thorities within the limit of the Supreme Court. R. Administration of the Abkarry Depart- ment. R. Realization of Revenue — Putteedarry estates. J. Trial of offences against the State. R. Importation of rum and rum shrub. J. Rules for taking examination of ab- sent witnesses. Abkarry — Amendment of Act 25, 1840. Registry of ships. Constitution and powers of Military Courts of Requests. Repeal of sundiy laws respecting arrears of revenue. R, RELATINO TO BRITISH INDIA. 207 For what Pro- Act. vinces enacted. Subject of the Act. 1841. 13 General. R. Import duties on wines and spirits. 15 }i J. Residents in Calcutta exempted from giving security in Mofussi Courts. 10 »j J. Qualification of Justices of the Peace. 17 )y J. Duties of Registrars of the Sudder Courts. 18 »l R. Exportation of military stores. 10 it J. Protection of the property of intes- tates. 20 It J. Collection of debts of deceased Hin- doos and Mahommedans. 21 }i J. Prevention of local nuisances. 28 )) J. Punishment of camp followers. 29 It J. Dismissal of suits and appeals for non-prosecution. 30 tj J. Repressionof obstructions to justice — Contempts. 31 ti J. Appeals and revisions of proceedings in Criminal Courts. 1842. 7 )» J. Rules respecting translations. 8 JJ J. Designation of " Sudder Courts " ap- l^lied to the Sudder Dewanny and Nizamut Adawlut. 11 }} R. Importation of foreign sugar. 12 t> M. Regulation of military bazaars — Li- abilities of camp followers. 15 tt M. Emigration — Order of Her Majesty in Council, January, 1842. 16 N. W. Prov. E. Term for which proprietors may gi'ant leases. 1843. 1 General. J. Effect of registration on titles of land. 2 )) J. Decisions in appeals, how to be given by one or more judges. 3 >> J. Rules for special appeals. 4 jy J. Appeals from justices of the peace. 5 yt J. Amendments in the law of slavery. 6 I) J. Procedure in the Courts of Principal Sudder Ameens, Sudder Ameens and Moonsiffs. 12 )» J. Language in which decrees are to be written. 208 LAWS AND PUBLIC DOCUMENTS Aet. For what Pro- vinces enacted. Subject of the Act. 1843. 14 N. "W. Prov. R. Manufacture of salt and custom duties thereon. 15 General. J. Appointment of uncovenanted De- puty Magistrates. 16 )j J. Offers of reward for apprehension of offenders. 18 It J. Procedure against persons charged with Thuggee and Dacoity com- mitted in States in alliance. 19 1) J. Effect of registration — Amendment of 1, 1843. 21 f> M. Emigration. 22 11 J. Repeal of Section 17 — Regulation 3, 1793. 23 General. J. Jurisdiction of Zillah Com'ts. 24 »i J. Punishment of Dacoity. 25 f» E. False marks on foreign goods subject them to confiscation. 1844. 2 j> J. Preparation of proceedings for trans- mission to Privy Council. 3 »» J. Modification of rules respecting cor- poral punishment. 4 }} J. Repeal of certain rules respecting Da- coity. 5 f) M. Suppression of lotteries. g it J. Institution of suits before Principal Sudder Ameens and Sudder Ameens. 13 )) R. Coinage. 14 II J. Punishment by transportation. 18 31 J. Superintendence of gaols vested in magistrates. 21 »9 M. Emigration. 22 »l R. Coinage. 1845. 1 I) R. Realization of arrears of revenue. 3 }t J. Requisition of security for costs in appeals declared to be discretionary. 4 «) J. Amended rules respecting registry of deeds. 5 )) J, Appointment of law officers. 6 1) J. Issue of commissions of the peace. 7 N. W. Prov. R. Tolls on canals, &c. RELATING TO BRITISH INDIA. J09 Act. 1845, For what Pro- vinces enacted. General. 10 t» 14 It 15 l» 16 M 17 n 18 .. 20 21 97 Cuttack. General. 1846. I 4 6 Bliutt'ee Ter 7 General. 8 10 N. W. Prov General. 1847. 1 N. W. Prov 2 5 General. I) 9 Bengal. 10 General . 12 .• 13 Subject of the Act. E. Aitiendecl rules for levy of import duties. J. Issue of warrants when summons could not be served. J. Appoiutuieuts of Nazirs to Moonsitl's Courts. J. Privileges of soldiers in judicial and revenue proceedings. J. Dismissal of appeals for non-prosecu- tion. J. Attendance of witnesses in Moonsiif's Courts. J. Punishment of offences committed by convicts. M. Preamble to articles of war. J. Suppression of Meriah sacrifices. J. Powers of assistant Magistrates. J. Amended rules for Pleaders. J. Sales of land in execution of decrees. J. Administration of the Bhuttee ter- ritory. J. Diet money of witnesses in petty cases R. Settlement of the N. W. Provinces. J. Duration of procedure in certain cases of arrears of rent. R. Establishment and maintenance of boundary rents. J. Operaticn of the Oath Act 5, 1840. J. Execution of sentences of certain Courts established in territories not subject to general regulations. R. Assessment of lands gained by allu- vion or dereliction. J. Punishment ol Thuggee — Amend- ment of 30, J830. J. MoonsifFs and Sudder Ameens declared not liable to fines. M. Emigration. 210 LAWS AND PUBLIC DOCUMENTS Act. 1847. 14 17 18 19 20 1848. 1 6 6 7 8 11 13 16 19 20 23 1849. 1 4 6 6 11 13 For what Pro- vinces enacted. General. Gen. except N. W. Prov. General, Calcutta. Subject of the Act. J. Rescission of the rule for the tran- scription of plaints. J. Remedy in cases of default in prose- cution of suits and appeals. J. Remedy of certain informalities in registry of deeds. M. Articles of war. M. Regulation of copyright. J. Amended procedure in cases of for- "Thug" and "Thug- gery. Definition of gee." J. Rules respecting penal recognizances. R. Equalization of British and Foreign bottoms. R. Drawbacks on exportation. R. Realization of revenue and rent. J. Punishment of wandering gangs of thieves and robbers. R. Limitation of time for contesting Col- lector's awards under 7, 1822, &c. R. Modification of certain rules respect- ing salt. J. Revision of sentences and proceed- ings of criminal courts. R. Attendance of landholders before Col- lectors. M. Correction of a clerical error in 25, 1840. J. Punishment of offences committed in foreign States. J. Abolition of the punishments of branding and exposure. J. Custody of criminal lunatics. R. Duties of customs and excise. M. Military and naval pensions and su- perannuations. R. Abkarry revenues in Calcutta. R. Prevention of smuggling salt in Cal- cutta. RELATING TO BRITISH INDIA. 2]1 For what Pro- Act. vinces enacted. Subject of the Act. 1849. 14 General. J. Punishment for tampering with tha Army or Navy. 1850. 1 Calcutta. R. Title to lauds taken for public purposes. 4 General. J. Amended procedure in appeals to the Sudder Court. 5 ., R. Rules for the coasting trade in India. 6 yt M. Commander-in-Chief empowered to pardon military offences. 7 " J. Removal of prisoners from one gaol to another. 8 f) J. Powers of Zillah Judges and principal Sudder Ameens in confirming ap- peals. g " J. Establishment of powers of Small Debts Court. 10 »» R. Aden declared a free port. 11 M. Registry of ships — Amendment of 10, 1841. 12 3' R. Respousibility of public accountants. 13 " J. Punishment of breaches of trust by public ofBoers. 15 )t J. Practice in Moonsiff's Courts. 16 " J. Restitution of the value of stolen property. 18 ,, J. Protection of officers acting judicially. 19 »» M. Rules for binding apprentices. 20 Cuttack. J. Trial of boundary questions. 81 General. J. Rights of inheritance not ailected by religion of the parties. 23 Calcutta. R. Securityoftheland revenue in Calcutta. 25 General. R. Sales of laud. 36 )» M. Improvements in towns. 27 )> M. Registry of merchant seamen. 28 j> M. Encouragement of merchant seamen. 30 ») J. Practice in Civil Courts — Amend- ments of Acts 1, 1846, and 4, 1850. 33 Subathoo. J. Administration of Civil Justice in the Province. 33 Bengal and Midnapore. R. Sales of Putnee tenures under 8, 1819. 34 General. J. Custody of state prisoners. 212 LAWS AND PUBLIC DOCUMENTS Act. 1850, 36 37 88 49 44 45 1851 2 3 8 10 11 16 1852 4 8 g 18 23 24 25 26 30 31 82 33 35 For what Pro- vinces enacted. General. Lower Prov. General. Bengal. General. Cawnpore. Lower Prov. General. Subject of the Act. Arracan. M. Amendment of an article of war. R. Inquiries into the conduct of public servants. J. Counsel and pleaders allowed for de- fence in criminal cases. M. Facilities for public worljs. R. Consolidation of the Board of Re- venue and Board of Customs, salt and opium. J. Jurisdiction of coroners. J. Powers of Judges of the S udder De- wanuy Adawlut. R. Administration of the salt laws. R. Levy of tolls on public roads and bridges. J. Administration of estates of deceased persons. J. Custody of registers of deeds, &o. J. Trial of receivers of stolen property. M. Emigration. J. Execution of Mofussil process within the jurisdiction of the Supreme Court. J. Administration of Bajee Row's Jag- hire. J, Modification of the rules respecting pleaders. R. Summary suits for arrears of rent. J. Prevention of crimping — Emigration. J. Execution of decrees in appeals to Her Majesty in Council and other jurisdictions. J. Amended procedure in the Courts of Sudder Ameens and Moonsiffs. M. Naturalization of aliens. J. Rescission of a rule respecting remu- neration of Darogahs. J. Prosecution of public servants for corruption. J. Execution of decrees. R. Poll-tax and house-tax. RELATING TO BRITISH INDIA. 213 Act. 18.^3. S 9 10 1854. 1 For what Pro- vinoes enacted. General. Bengal. Madras. Bombay. General. Bombay. Bengal. General. Subject of the Act. E. Responsibilities of British subjects holding lands. R. Sales of lands for recovery of arrears of rent. J. Powers of Magistrates in respect of certain offences not felonies. R. Limitation of Act 6, 1853. R. Navigation of boats on the Hooghly. J. An Act to amend the law for facili- tating the acquisition of land for public purposes within the local limits of the jurisdiction of the Supreme Court of Judicature at Madras. J. An Act to abolish the Office of Assessor to the Court of Petty Sessions at Bombay. M. An Act to amend the 38th Article of War for the Native Army. J. An Act relating to the execution of sentences in petty cases by super- intendents of Bazaars in the Presi- dency of Bombay. M. To amend Act 5 of 1838 relating to the Bengal Bonded Warehouse Association. J. To amend the practice and course of proceeding on the Equity side of Her Majesty's Supreme Courts of Judicature at Fort William, in Bengal, Madras, and Bombay. J. For the apprehension within the ter- ritories under the Government of the East India Company, of persons charged with the commission of heinous offences beyond the limits of the said territories, and for deli- vering them up to justice, and to provide for the execution of warrants in places out of the jurisdiction of the authorities issuing them. 214 LAWS AND PUBLIC DOCUMENTS Act. 1854 8 10 For what Pro- vinces enacted. General. 11 13 13 U 15 16 17 18 Madras. Straits' Settle- ments. General. Bengal. General. Subject of the Act. J. To explain and amend Act 10 of 1851, and Act 22 of 1841. J. Eelating to appeals in the Civil Courts of the East India Company. J. For regulating the powers of Assist- ants to Magistrates and of Deputy Magistrates appointed under Act 15 of 1843. R. To amend Act 91 of 1835, and Act 22 of 1844, and to authorize the issue of Half Pice. J. For conferring Criminal Jurisdiction upon District Moonsififs in the Pre- sidency of Madras. M. To repeal Act 6 of 1852, and to make provision for defraying the cost of the Light House on Pedra Branca, and for maintaining the same, and also a Floating Light established in the Straits of Malacca, to the west of Singapore, and for the establish- ment and maintenance of such further Lights in or near to the said Straits as may be deemed expedient. J. To continue the operation of Act 19 of 1845, until the 30th day of April, 1855. M. To facilitate the proceedings of the Commissioners appointed to inquire into certain matters connected with the position of Sir James Brooke, Her Majesty's Commissioner and Consul General in Borneo. J. To amend Regulation 11 of 1831, of the Bengal Code. For the management of the Post Office, for the regulation of the duties of Postage, and for the punishment of offences against the Post Office. An Act relating to Railways in India. M M, RELATING TO BRITISH INDIA. 215 Act. Forwliat Pro- vinces enacted. 1854. 19 20 21 22 23 24 25 26 27 28 29 30 31 General. Bengal. General. Bengal and Madras. Madras. General. Bengal. General. Tenasserim Provinces. General. Subject of the Act. E. For removing the prohibition against the importation of Foreign Sugar. J. To amend Eegulation 13 of 1«33, of tho Bengal Code. J. To amend the Law relating to the several Banks of Bengal, Madras, and Bombay. J. To repeal certain parts of the 53 George 3, c. 155 ; of Section 2, Eegulation 15 of 1806, of the Ben- gal Code ; and of Eegulation 4 of IbOO, of the Madras Code. J. For the suppression of the Outrages in the District of Malabar, in the Presidency of Fort St. George. M. To prohibit the possession of certain offensive Weapons in Malabar. E. For discontinuing the practice of issuing Warrants for the payment of money from the Treasuries of the Collectors. J. For making better provision for the education of male minors, subject to the superintendence of the Court of Wards. J. To amend the law relating to the Nazim of Bengal. M. To continue the Commissioners for the Improvement of the town of Calcutta, pending the consideration of an Act to amend Act 10 of 1852. E. To prohibit the Exportation of Salt- petre to certain Ports in Europe. E. To provide for the levy of Duties of Customs in the Arracan, Pegu, Martaban, and Tenasserim Pro- vinces. J. To abolish real actions and also fines and common recoveries, and to simplify the modes of conveying land in cases to which the Engliah law is applicable. 216 LAWS AND PUBLIC DOCUMENTS Act. For what Pro- vinces enacted. 1854. 32 33 34 1855. 1 Madras. General. Madr Subject of the Act. . To facilitate inquiries respecting the alleged use of Torture in the Pre- sidency of Fort St. George. . To extend the provisions of Act 12 of 1843. M. For regulating the establishment and management of Electric Telegraphs in India. M. For providing for the exercise of cer- tain powers by the Governor-Gene- ral during his absence from the Council of India. J. For the further improvement of the law of evidence. J. For the better prevention of deser- tion from the Indian Navj'. M. For incorporating for a further period, and for giving further powers to the Assam Company. J. To assimilate the process of execution of all rules of Her Majesty's Su- preme Courts, and to extend and amend the provisions of Act 25 of 1841. J. To extend the operation of, and regu- late the mode of executing writs of execution in Her Majesty's Supreme Courts of Judicature. J. To amend the Law of Arrest on mesne process in civil actions in Her Majesty's Courts of Judicature, and to provide for the subsistence of prisoners confined under the civil process of any of the said courts. J. To amend the law relating to the otfice and duties of the Administrator General. J. For the amendment of Procedure in cases of regular appeal to the Sud- der Court in the Presidency of Fort St. George. RELATING TO BRITISH INDIA. 217 Act. 1855, 10 11 12 13 14 15 16 17 18 19 20 21 For -n-ljat Pro- vinces enacted. Madras aud Bombay. General. Subject of the Act. Madras. Bombay. Straits' Settle- ments. General. Madras. J. To amend the Law relating to the attendance and examination of ■wit- nesses in the Civil Courts of the East India Company, in the Presi- dencies of Fort St George and Bombay, and to amend the provi- sions of Section 40, Act 19 of 1853. J. An Act relating to mesne profits and to improvements made by holders under defective titles in cases to which the English law is applicable. J. To enable e.xecutors, administrators, or representatives, to sue and be sued for certain wrongs. J. To provide compensation to families for loss occasioned by the death of a person caused by actionable wrong. M. For the better regulation of military bazaars in the Presidency of Fort St. George. J. To amend Regulation 3 of 1833 of the Bombay Regulations. J. To amend the law in force in the Presidency of Bombay concerning the use of badges. R. To improve the law relating to the copper currency in the Straits' Settlements. J. To remove doubts relating to the power to grant pardons, rejarieves, and remissions of punishments in India. J. To amend the law relating to District Moonsiffs in the Presidency of Fort St. George. M. For the establishment and mainte- nance of boundary-marks in the Presidency of Fort St. George. J. For making better provision for the education of male minors, and the marriage of male and female minors subject to the superintendence of 218 LAWS AND PUBLIC DOCUMENTS Act. 1855. 23 23 24 25 26 27 28 29 30 31 32 83 84 85 For what Pro- vinces enacted. General. Madras. General. Bengal. Subject of the Act. E, M the Courts of Wards in the Presi- dency of Fort St. George. For the regulation of ports and port- dues. J. To amend the law relating to the ad- ministration of the estates of de- ceased persons charged with money by way of mortgage. J. To substitute penal servitude for the punishment of transportation in re- spect of European and American convicts, and to amend the law re- lating to the removal of such con- victs. J. To empower the Session Judge of Coimbatore to hold sessions at Oota- camund on the Neilgherry Hills. To facilitate the payment of small deposits in Government savings' banks to the representatives of de- ceased depositors. M. To enable the banks of Bengal, Ma- dras, and Bombay to transact certain business in respect of Government securities and shares in tbe said banks. M. For the repeal of the Usury Laws. M. For amending Act No. 6 of 1844. M. To repeal section 7 of Act No. 88 of 1839. Act relating to the emigration of na- tive labourers to the British Colo- nies of Saint Lucia and Grenada. Relating to embankments. To prohibit the exportation of Salt- petre, except in British vessels bound to the ports of London or Liverpool. To explain and amend Act No. 33 of 1852. R. To abolish the levy of Customs Duty on the import of cotton into the M, M RELATING TO BRITISH INDIA. 219 Act. 1855. 36 87 For what Pro- vinces enacted. Subject of the Act. 38 1856. 1 N. W. Prov. Sonthal Dis- tricts. General Madras . General. Bombay. Bombay and Madras. Nortb-Western Provinces of the Presidency of Bengal. R. To empower Officers of Customs and Laud Revenue to search houses and other enclosed places for con- traband salt in the North-Western Provinces. M. To remove from the operation of the general laws and regulations certain districts inhabited by Sonthals and others, and to place the same under the superintendence of an officer to be specially appointed for that pur- pose. J. To provide for the trial and punish- ment of rebellion and other offences committed within certain districts in which martial Law has lately been proclaimed. J. To prevent tlie sale or exposure of obscene books and pictures. J. To enable magistrates and certain other officers to take cognizance of certain offences without requiring a written complaint. M. To amend Act No. 1 1 of 1849, and Act No. 19 of 1852. J. To prevent the malicious or wanton destruction of cattle. M. To give effect to Act 23 of 1854, from the time of its promulgation in the district of Malabar, and to extend the application thereof in future. M. For granting exclusive privileges to Inventors. M. To enable the Bombay Government to provide for a due supply of Water for public use in the islands of Bom- bay and Col.iba. J. For the better control of the Gaols within the Presidencies of Fort St. • reorge and Bomhav. 220 LAWS AND PUBLIC DOCUMENTS Act. 1850. g 10 1] IS 13 14 15 16 17 18 19 20 For what Pro- vinces enacted. General. Bengal. General. Bengal. General. Bengal. Subject of the Act R. To amend the law relating to Bills of Lading. M. To repeal the 122nd Article of War for the Native Army, and to substi- tute a new Article in lieu thereof. M. For the better prevention of deser- tion by European soldiers from the Land Forces of Her Majesty, and of the East India Company in India. J. To amend the law respecting the em- ployment of Ameens by the Civil Courts in the Presidency of Fort William. J. For regulating the Police of the towns of Calcutta, Madras, and Bombay, and the several stations of the Settlement of Prince of Wales' Is- land, Singapore, and Malacca. M. For the conveniency and improvement of the towns of Calcutta, Madras, and Bombay, and the several sta- tions of the Settlement of Prince of Wales' Island, Singapore, and Ma- lacca. J. To remove all legal obstacles to the marriage of Hindoo widows. R. To authorize the levy of Port-dues, and Fees at the present rates, for the further period of twelve months. J. To provide for the execution of crimi- nal process in places out of the jurisdiction of the authority issuing the same. R. An Act relating to the administration of the public Revenues in the town of Calcutta. M. To enable the Governor-General of India in Council to suspend the operation of certain Acta relating to the emigration of native labourers. J. To make better provision for the ap- pointment and maintenance of police chowkeydars, in cities, towns, RELATING TO BRITISH INDIA. 221 Act. 1856. 21 22 23 24 25 For what Pro- vinces enacted. Bengal. 26 27 Madras . Bengal. Subject of the Act. stations, suburbs, and bazaars in the Presidency of Fort William, in Bengiil. R. To consolidate and amend the law relating to the Abkaree Revenue in the Presidency of Fort William, in Bengal. R. For establishing a toll on boats and timber jiassing through tlie Kurra- tiya River, iu the district of Bugra. R. For the better recovery of arrears of revenue under Ryotwar Settlements iu the Madras Presidency. M. To provide for the dissolution of the Bengal Mariners' and General Widows' Fund Society, and the dis- tribution of the funds belonging thereto. General. i R. To comprise in one Act the provisions necessary for the assessment and collection of Municipal rates and taxes in the towns of Calcutta, IMadras, and Bombay, and the se- veral stations of the Settlement of Prince of Wales' Island, Singapore, and Malacca. R. For appointing Municipal Commis- sioners, and for levying rates and taxes iu the town of jMadras. R. For appointing Municipal Commis- sioners, and for levying rates and taxes in the several Stations of the Settlement of Prince of Wales' Is- land, Singapore, and Malacca. R. For appointing Municipal Commis- sioners, and for levying rates and taxes in the tov.n of Calcutta. General. J. Concerning the taking of oaths of office by Registrars of Deeds. Madras. Straits' Settle ments. 28 j Bengal i 29 1857. 1 ' Bengal. I M. To prevent over-crowding of vessels carrying nati\e passengers iu the Bav of Bengal. 232 LAWS AND PUBLIC DOCUMENTS Act. 1857. 2 3 4 8 9 10 11 19 13 14 15 16 For what Pro- vinces enacted. Bengal. General. Bombay. General. Madras. General. Straits' Settle- ments. Bengal. Subject of the Act. M. To establish and incorporate an Uni- versity at Calcutta. J. An Act relating to trespasses by cattle. R. To amend the law relating to the duties payable on tobacco, and the retail sale and warehousing thereof in the town of Bombay. M. To confer certain powers on the Ori- ental Gas Company, limited. R. An Act relating to acquisition of land for public purposes. M. For the more extensive employment of uncovenanted agency in the Re- venue and Judicial Departments in the Presidency of Fort St. George. M. To amend Act 19 of 1847. M. To repeal Act 6 of 1856. M. To amend Act 37 of 1855. J. For the prevention, trial, and punish- ment of offences against the State. J. To authorise the arrest and detention within the Ports of the Settlement of Prince of Wales' Island, Singa- pore, and Malacca, of junks or native vessels suspected to be piratical. R. To consolidate and amend the law re- lating to the cultivation of the Poppy, and the manufacture of Opium, in the Presidency of Fort William, in Bengal. J. To make further provision for the trial and punishment of certain offences relating to the Army, and of offences against the State. M. To regulate the establishment of Printing-presses, and to restrain in certain cases the circulation of printed books and papers. J. To make temporary provision for the trial and punishment of heinous offences in certain districts. RELATING TO BRITISH INDIA. 223 Act. 1857 17 18 19 20 21 22 23 24 25 FoiMvhat Pro- vinces enacted. Bengal. General. 26 27 28 Subject of the Act. M Straits' Settle- ments. Madras. General. J. To provide temporarily for the appre- hension and trial of native officers and soldiers for mutiny and deser- tion. J. Relating to the issuing of writs or process against certain members of the family, household, and retinue of His late Highness, the Nabob of the Carnatic. For the incorporation and regulation of Joint-Stock Companies and other Associations, either with or without limited liability of the members thereof. M. To amend Act 19 of 1850. J. To make better provision for the order and good government of the suburbs of Calcutta, and of the station of Howrali. M. To establish and incorporate an Uni- versity at Bombay. M. To provide for the good order and dis- cipline of certain Volunteer Corps, and to invest them with certain powers. To authorise the levy of port dues and fees at the present rates for a further period of six months. To render officers and soldiers in the Native Army liable to forfeiture of property for mutiny, and to provide for the adjudication and recovery of forfeitures of property in certain cases. For regulating ferries in the Settle- ment of Prince of Wales' Island, Singapore, and Malacca. To establish and incorporate an Uni- versity at Madras. Relating to the importation, manu- facture, and sale of arms and ammu- nition, and for regulating the right to keep or use the same. R M, M R LAWS AND PUBLIC DOCaMENTS Act. For what Pro- vinces enacted. Subject of the Act. 1857. 29 Bombay. E. To make better pvovisiou for the col- lection of Laud Customs on certain foreign frontiers of the Presidency of Bombay. SECT. II. — ORDERS IN" COUNCIL RELATING TO BRITISH INDIA. Year. 1613 1614 1615 1617 1618 1619 162a 1626 1627 Orders in Council. (June 13.) For regulating the trade to the East Indies. (January.) For ordering certain criminals to be transported to the East Indies. (July.) For delivering J. Gates and other reprieved convicts to the Governor of the East India Company to be sent to India. (March 20.) For delivering Jubn Browne, now a prisoner in the Castle of Canterbury, convicted of felony, unto Sir J. Smith, Knight, Governor of the East India Company, to be sent beyond the seas to the East Indies. (May 28.) Ordering the East India Company to ad- vance, in connection with the Muscovy Company, a loan of 1 00,000 rubles to the Emperor of Russia. (February 2S.) For separating the financial affairs of the East India Company from the Muscovy Company. (January 31.) For declaring the will of King James concerning certain points in dispute between the East India Company and the Dutch, and for ordering pay- ment of 20,000/. to the Company in reals. (January 29.) For permitting the East India Com- pany to export bullion. (January 2.5.) For ordering vessels belonging to the East India Company to be prejjared for Government service. RELATING TO BRITISH INDIA. 225 Year. 1631 1638 1661 166-2 1663 1667 1668 1677 1681 1691 1693 1703 1721 1726 1735 1760 Orders in Council. (September 23.) Ordering strict observance of the Proclamation regulating the East India Company's officers at various outports. (May 25.) For appointing Committee to inquire into the present state of the trade to the East Indies, and to receive propositions for the better regulation thereof. (September 2.) For declaring His Majesty's answer to four propositions of the East India Company touch- ing the regulation of their trade. (February 7.) Ordering certain munitions of war to be sent to Bombay. (March ] 3.) Ordering Lord Treasurer to send 1000/. sterling, to Bombay for the present supply of His Majesty's forces there. (October 21.) Appointing Committee to adjust the differences between the East India Company and the Dutch. (March 20.) For reforming abuses at Bombay, Surat, and other factories in the East Indies. (March 6.) Ordering a patent for granting Bombay to the East India Company, to be engrossed, and to pass the seals. (October 26.) Ordering Mr. Barry at Lisbon to solicit about the quiet possession of the island of Bombaine (Bombay). (November 23.) Licensing the East India Company to transport sixty-six pieces of iron ordnance to Fui-t St. George. (February 4.) Granting Commissions to ships of the East India Company against the French. (November 2.) Approving the East India Company's Charters, with twenty-six regulations set forth in the Order. (June 11.) Approving the Indenture uniting the two East India Companies. (October 2.) Prohibiting ships going to the East Indies from trading to the Plantations. (August 9.) For passing letters patent granting the Company further privileges and franchises. (December 18.) Approving proclamation prohibiting all persons from trading to the East Indies, contrary to the privileges granted to the East India Company. (November 26.) Approving Charter to the East India Company to erect courts of justice near Bencooleu, in the island of Sumatra. 9, 226 LAWS AKD PUBLIC DOCUMENTS Year. 1806 1808 1809 1813 1827 1828 1829 1830 1832 1833 1836 Orders In Council. (August 5.) Approving Charter for establishing courts of judicature in the Prince of Wales's Island, and for trial of piracies. (October 15.) For permitting the East India Com- pany to export stores to their settlements at Canton and St. Helena. (March 27.) Authorising the East India Company to permit the sale, by public auction, of several articles, the produce and manufacture of China. (August 14.) For regulating the trade betvpeen the United Kingdom and the East Indies. (March 14.) For submitting for His Majesty's ap- proval a table of fees to be taken in the Supreme Court of Judicature at Bombay. (June 30.) For allowing to the officers of theBombay Marine, within the limits of the East India Company's Charter, the privilege of taking rank agreeably to their several degrees, with the officers of the Royal Navy. (March 5.) Approving the report of Committee on certain Rules relating to juries in the Supreme Court of Judicature at Fort William in Bengal. (June 10.) Approving report of Committee on the petition of Sir Peter Grant, the only surviving justice of the Supreme Court of Judicature at Bombay ; also on a memorial from the East India Company. (June 28.) Approving report of Committee on certain variations in the times of holding Sessions of Oyer and Terminer in the Supreme Court of Bombay. (July 11.) Approving report of Committee for dis- missing petition of certain Hindoos of Bengal, com- plaining of the suppression of the practice of Suttee by a regulation of the Governor-General of India in Council. (July 3.) Approving report of Committee on petition of Major-General Sir Lionel Smith on the subject of the Deccan booty. (April 13.) Approving report of Committee respect- ing certain rules and orders for the plea, equity, and Crown sides of the Supreme Court of Judicature at Bombay. (November 30.) Approving certain rules proposed by the Commissioners for the affairs of India, relating to the preparation of the annual prospective estimates of vacancies in the Indian establishments under scctious 103 and 106 of statute 3 and 4 Will. IV. cap. 85. RELATING TO BRITISH INDIA. 227 Year. 1838 1839 1840 1841 1842 1847 1848 1849 1850 1852 Orders in Council. (January 23.) Approving report of Committee on certain rules and tables of fees established by the Supreme Court of Judicature in Bengal. (April 1 0.) Establishing certain rules in appeals from Her Majesty's Supreme Courts in India and elsewhere to the eastward of the Cape of Good Hope. (July 30.) Confirming certain statutes framed by the Commissioners for the affairs of India, under statute 1 and 2 Vict. cap. 22, for the good government of the East India Company's College at Haileybury. (October 21.) Approving report of Committee on certain alterations in the statutes of the East India Company's College at Haileybury. (May 7.) For allowing the importation of sugars, the produce of the Presidency of Fort St. George, at a duty of II. 4s. per cwt. (May 8.) For reducing the duties payable on the pro- duce and manufactures of the British possessions in India on their importation into certain colonies therein named; to wit, Australia, Ceylon, and the Cape of Good Hope. (April 27.) Confirming certain rules and orders made by the Supreme Court of Judicature at Fort William, October 22, 1841. (June 17.) For granting Charter of Incorporation to the Eastern Archipelago Company. (July 22.) Approving rules of November 7, 1846, and April 22, 1847, of the Supreme Court of Judicature of Bombay. (June 27.) Confirming certain rules of October 25, November 15, and December 10, 13, and 22, 1847, and of January 3 and February 2, 1848, of Supreme Court of Judicature of Bengal. (May 21.) Confirming rules of the Court of Judica- ture of the Prince of Wales's Island, Singapore, and Malacca, of November 6, 1848. (June 1 9.) Disallowing certain rules of the Supreme Court of Judicature of Bengal, confirmed by the Legis- lative Council of India, under statute 3 and 4 Vict, cap. 34. (August 18.) For apprehending, within the territo- ries of the East India Company, seamen, being de- serters from Fiussian, Swedish, Norwegian, and Peru- vian merchant ships. Q, 2 228 LAWS AND PUBLIC DOCUMENTS SECT. III. — ACTS GE- THE IMPERIAL PARLIAMENT RELATING TO BRITISH INDIA. Royal Assent. 1698 1707 1711 1744 175-t 171)7 17U9 1773 1781 Acta of Parliament. 9 aud 10 Wm. III. cap 44. — An Act for raising a sum not exceeding two millions upon a fund for pay- ment of annuities after the rate of 8 per cent, per annum, and for settling the trade to the East Indies. 6 Anne, cap. 17.— An Act for assuring to the Eng- lish Company trading to the East Indies, on account of their United Stock, a larger interest in the fund and trade therein mentioned, and for raising thereby 190,000/. for carrying on the war. 10 Anne, cap. 28. — An Act for continuing the trade of the East India Company. 17 Geo. II. cap. 17. — An Act for continuing the trade of the East India Company for a further period. 27 Geo. II. cap. 9. — An Act for punishing mutiny and desertion of officers and soldiers in the service of the United Company of Merchants trading to the East Indies, and for the punishment of offences committed in the East Indies or at tlie Island of St. Helena. 7 Geo. III. cap. 57. — An Act for establishing an agreement for the annual payment of 400,OOOZ. for a limited time, by the East India Company in respect of the territorial acquisitions aud revenues lately obtained in the East Indies. 9 Geo. III. cap. 24. — An Act for continuing for five years the provisions of Statute 6 Geo. III. cap. 57. 13 Geo III. cap. 63. — An Act to regulate the government of India. 13 Geo. III. cap. 64. — An Act to authorise the issue of 1,400,000Z. in Exchequer Bills, to be applied iu relief of the East India Company. 21 Geo. III. cap. 65. — ^An Act for establishing an agreement with the United Company of Iilerchants trading to the East Indies, for the payment of the sum of 400,000Z. in full discharge and satisfaction of all claims of the public, from the time the bond debt of the Compaav was reduced to 1,500,000/. till March 1, I7«J. RELATING TO BRITISH INDIA. 229 Royal Assent. 1784 1788 1793 1799 1800 1803 1803 1805 Acts of Parliament. 24 George III. cap. 95. — An Act to provide for the government of India. 28 Geo. III. cap. 8. — An Act to provide for the ex- pense of raising, transporting, and maintaining, such troops as may be required for the security of the British territories in the East Indies. (June 11.) 33 Geo. III. cap. 52.— An Act for con- tinuing in the East India Company, for a further term, the possession of the British territories in India, together with the exclusive trade under certain limita- tions ; for appropriating to certain uses the revenues and profits of the said Company, and for making pro- vision for the good order and government of the towns of Calcutta, Madras, and Bombay. 39 Geo. III. cap. 89. — An Act for regulating the manner in which the East India Company shall hire and take up ships for their regular service. (Amended by 50 Geo. III. cap. 86.) (July 28.) 39 & 40 Geo. III. cap. 79.— An Act for establishing further regulations for the government of the British territories in India, and for the better ad- ministration of justice within the same. (March 24.) 42 Geo. III. cap. 29.— An Act to authorise the East India Company to make their settle- ment at Marlborough, in the East Indies, a factory sub- ordinate to the Presidency of Fort William, in Bengal, and to transfer the servants who, on the reduction of that establishment, shall be supernumerary, to the Presidency of Fort St. George. (August 11.) 43 Geo. III. cap. 107. — An Act to enable the Court of Directors of the East India Com- pany to make allowance to the owners of certain ships in their service. (December 15.) 44 Geo. III. cap. 3. — An Act to regulate the bonds issued by the East India Company, with respect to the rate of interest and duty payable thereon. (April 10.) 46 Geo. III. cap. 36. — An Act to enable the East India Company to appoint the Commander-in- Chief on the Bengal establishment to be a member of the Council of Fort William, in Bengal, notwithstand- ing the office of Governor General of Fort Wilham and of Commander-in-Chief of the forces being vested in the same person. 230 LAWS AND PUBLIC DOCUMENTS Royal Assent. 1807 1810 1811 1813 1813 1814 Acts of Parliament. (August 8.) 47 Geo. III. cap. 41. (Sess. 2).— An Act to enable the East India Company to raise money on bond, instead of increasing their capital stock. (August 13.) 47 Geo. III. cap. 68. (Sess. 2).— An Act for the better government of the settlements of Fort St. George and Bombay, for the regulation of public hanks, and for amending so much of statute 33 Geo. III. cap. 53, as relates to the periods at which the civil servants of the East India Company may be em- ployed in their service abroad. (June 15.) 50 Geo. III. cap. 87. — An Act to provide for the raising of men for the service of the East India Company. (June 20.) 50 Geo. III. cap. 114. — An Act for grant- ing to His Majesty a sum of money to be raised by Exchequer Bills, and to be advanced and applied in the manner and on the terms therein mentioned, for the relief of the United Company of Merchants trading to the East Indies. (Amended by 52 Geo. III. cap. 10.) (June 10.) 51 Geo. III. cap. 64. — An Act to enable the East India Company to raise a further sum of money upon bond, instead of increasing their capital stock. (July 13.) 53 Geo. III. cap. 121. — ^An Act to autho- rise the transfer to the East Indies of debts originally contracted there on the part of the East India Com- pany, payable in England. (July 18.) 53 Geo. III. cap. 135.— An Act for ad- vancing two millions and a half sterling to the East India Company, to enable them to discharge part of the Indian debt. (July 21.) 53 Geo. III. cap. 155.— An Act for con- tinuing in the East India Company, for a further term, the possession of the British territories in India, together with certain exclusive privileges ; for esta- blishing further regulations for the government of the said territories, and the better administration of jus- tice within the same ; and for regulating the trade to and from places within the limits of the Company's charter. (May 17.) 54 Geo III. cap. 56.— An Act to repeal the duties on teak wood and other ship timber imported from the East Indies. (July 2."..) 54 Geo. III. cap. 105.— An Act to remove RELATING TO BRITISH INDIA. 231 Royal Assent. 1815 1817 1818 1820 Acta of Parliament. doubts as to the duties and taxes heretofore imposed and levied under the authority of the several Govern- ments in the East Indies. (May 25.) 55 Geo. III. cap. 64 — An Act to explain and amend 53 Geo. III. cap. 1 1 5 so far as relates to the granting gratuities by the East India Company. (June 14.) 55 Geo. III. cap. 84. — ^An Act to make provision for the Judges in the East Indies in certain cases. (June 20.) 57 Geo. III. cap. 36.— An Act to regu- late the Trade to and from the places TOthin the limits of the Charter of the East India Company, and certain possessions of His Majesty in the Mediter- ranean. (July 10.) 57 Geo. III. cap. 95. — An Act to exempt the territories within the limits of the East India Company's Chai'ter from certain of the Navigation Laws. (June 8.) 58 Geo. III. cap. 83. — An Act to amend and reduce into one Act the several laws relating to the manner in which the East India Company ai'e re- quired to hire ships. (June 5.) 58 Geo. III. cap. 84. — An Act to remove doubts as to the validity of certain marriages had and solemnized within the British territories in India. (July 21.) 1 Geo. IV. cap. 99. — An Act to enable the East India Company to raise and maintain a Corps of Volunteer Infantry. (July 24.) ] Geo. IV. cap. 101.— An Act to enable the examination of Witnesses to be taken in India in support of Bills of Divorce on account of adultery committed in India. 1832 (July 30.) 3 Geo. IV. cap. 93.— An Act for carrying into execution an agreement between His Majesty and the East India Company. 1823 (July 11.) 4 Geo. IV. cap. 71.— An Act for defray- ing the charge of retiring pay, pensions, or other expenses of that nature of His Majesty's forces serving in India ; for establishing the pensions of the Bishops, Archdeacons, and Judges ; for regulating ordinations ; and for establishing a Court of Judicature at Bombay. 18^4 (June 21.) 5 Geo. IV. cap. 88.— An Act to autho- rise the East India Company to trade direct from China to the British Colonies and Plantations in America. (June 24.) 5 Geo. IV. cap. 108. — An Act for trans- 232 LAWS AND PUBLIC DOCUMENTS Eoyal Assent. Acts of Parliament. 1825 1826 1828 1829 1832 1833 ferring to the East India Company certain possessions, newly acquired, in the East Indies, and for authorising the removal of convicts from Sumatra. (July 5.) 6 Geo. IV. cap. 85.— An Act for further ref^ulating the payment of the salaries and pensions to the Judges of His Majesty's Courts iu India, and the Bishop of Calcutta; for authorising the transpor- tation of offenders from St. Helena, and for more effectually providing for the administration of justice in Singapore and Malacca, and certain colonies on the coast of Coromandel. (May 5.) 7 Geo. IV. cap. 37. — An Act to regulate the appointment of juries in the East Indies. (May 26.) 7 Geo. IV. cap. 52.— An Act for defraying the expense of any additional naval force to be em- ployed in the East Indies. (June 27.) 9 Geo. IV. cap. 33.— An Act to declare and settle the law respecting the liability of the real estates of British subjects, and others within the jurisdiction of His Majesty's Supreme Courts in India as assets in the hands of executors and administrators to the payment of the debts of^their deceased owners. (July 19.) 9 Geo. IV. cap. 73. — An Act to provide for the relief of insolvent debtors in the East Indies until March 1, 1833 (continued by 4 & 6 Wm. IV. cap. 79, 6 & 7 Wm. IV. cap. 47, and 3 & 4 Vict. cap. 80). (July 20.) 9 Geo. IV. cap. 74. — An Act for improv- ing the administration of criminal justice in the East Indies. (June 24.) 10 Geo. IV. cap. 62.— An Act to exclude persons accepting offices in the East Indies from being Members of the House of Commons. (August 16.) 2 & 3 Wm. IV. cap. 117.— An Act to amend tlie law relating to the appointment of Justices of the Peace and of Juries in the East Indies. (August 28.) 3 & 4 Wm. IV. cap. 85. —An Act for effecting an arrangement with the East India Com- pany, and for the better government of His Majesty's Indian territories, till April 80, 1854. (August 28.) 3 & 4 Wm. IV. cap. 93.— An Act to regulate the trade of China and India. (August 29.) 3 & 4 Wm. IV. cap. 101.- An Act to provide for the collection and management of the duties on tea. RELATING TO BRITISH INDIA. 233 Eoyal Assent. Acts of Parliament. 1834 1835 1836 1837 1839 1840 1841 1842 (July 25.) 4 & 5 Wm. IV. cap. 33.— An Act to re- peal so much of several Acts as requires deposits to be made ou teas sold at the sales of the East India Com- pany. (August 31.) 5 & 6 Wm. IV. cap. 52.— An Act to authorise the Court of Directors of the East India Company to suspend the provisions of 3 & 4 Wm. IV. cap. 85, so far as they relate to the government of Agra. (August 13.) 6 & 7 Wm. IV. cap. 53.— An Act for enabling His Majesty to grant Admiralty Jurisdiction to the Courts of Judicature of Prince of Wales' Island, Singapore, and Malacca. (July 13.) 7 Wm. IV. & 1 Vict. cap. 47.— An Act to repeal so much of certain existing Acts as prohibits the payment of salaries of the East India Company's officers during their absence from their respective stations in India. (July 29.) 2 & 3 Vict. cap. 34. — An Act to confirm certain rules and orders of the Supreme Courts of Judicature at Fort William and Madras, and to em- power the same Courts, and the Supreme Court of Ju- dicature of Bombay, to make rules and orders concern- ing pleadings. (August 4.) 3 & 4 Vict. cap. 37. — An Act to consoli- date and amend the laws for punishing mutiny and desertion of officers and soldiers in the service of the East India Company, and for providing for the observ- ance of discipline in the Indian Navy. (August 7.) 3 & 4 Vict. cap. 56. — An Act further to regulate the trade of ships built and trading within the limits of the East India Company's Charter. (April 6.) 4 Vict. cap. 8. — An Act to reduce the duty on rum and rum shrub, the produce of and imported from certain British possessions in the East Indies into the United Kingdom. (August 10.) 5 & 6 Vict. cap. 101. — An Act for ex- tending to the Governors of the East India Company the powers given by statute 5 Geo. IV. cap. 1 13, for suppressing the importation of slaves into India by sea. (August 12.) 5 & 6 Vict. cap. 119. — An Act to enable Her Majesty to grant furlough allowances to the Bishops of Calcutta, Madras, and Bombay, who shall return to Europe for a limited period, after residing in India a sufficient time to entitle them to the iiighest rate of pension. 234 LAWS AND PUBLIC DOCUMENTS lioyal Assent. 1844 1849 1851 1853 1854 1855 Acts of Parliament. (June 6.) 7 Vict. cap. 18. — An Act to remove doubts as to the power of appointing and confii-raing the sen- tences of courts-martial in the East Indies. (July as.) 13 & 13 Vict. cap. 43.— An Act for pun- ishing mutiny and desertion of officers and soldiers in the service of the East India Company, and for re- gulating, in such service, the payment of regimental debts and the distribution of the effects of officers and soldiers dying in the service. (July 24.) 14 & 15 Vict. cap. 40. — An Act relating to marriages in India. (August 7.) 14 & 15 Vict. cap. 81. — An Act to au- thorise the removal from India of insane persons charged with offences, and to give better effect to in- quisitions of lunacy taken in India. (August 20.) 16 & 17 Vict. cap. 95.— An Act to pro- vide for the government of India. (August 7.) 17 & 18 Vict. cap. 77. — An Act to pro- vide for the mode of passing letters patent and other Acts of the Crown relating to India. (July 16.) 18 & 19 Vict. cap. 53.— An Act to relieve the East India Company from the maintenance of Haileybury College. (August 14.) 18 & 19 Vict. cap. 93.— An Act to amend certain Acts relating to the Court of Judicature of Prince of Wales's Island, Singapore and Malacca. SECT. IV. — PARLIAMENTARY REPORTS, ACCOUNTS, AND PAPERS RELATING TO BRITISH INDIA. Year. Sessional Number. Parliamentary Eeports, &c. 1772 (May 26.) First and second reports of the Committee (House of Commons) appointed to inquire into the nature, state and condi- tion of the East India Company, and of the British affairs in the East Indies. RELATINO TO BRITISH INDIA. 235 Year. Sessional Number. 1773 1773 1781 1782 1783 1801 64 122 1801-2 1802-3 1803-4 126 60 111 116 Parliamentary lleports, &c. Third, fourth and fifth reports of the satne Committee (presented April 8 and 21, and June of the following year. (Dec. 7.) First and second reports from the Committee of Secrecy, appointed to en- quire into tlie state of the East India Com- pany. Third, fourth, fifth, sixth, seventh, eighth and ninth reports of the same Committee, presented Feb. 9, March 24, March 30, April 26, May 6, June 11, and June 30 of the same year respectively. First and second reports of the Com- mittee of Secrecy appointed to inquire into the causes of the war in the Carnatic, pre- sented on the 27th of June and 5 th July in the same year. Third, fourth, fifth and sixth reports of the same Committee, presented on the 4th and 6th of Feb., and 1st and 6th March, respectively. First, second, third, fourth, fifth and sixth reports from Select Committee ap- pointed to take into consideration the state of the administration of justice in the Pro- vinces of Bengal, Behar, and Orissa, pre- sented Feb. 5, June 6, June 12, June 18, and July 11 in the same year, respectively. Seventh, eighth, ninth, tenth and eleventh reports from the same Committee, pre- sented April 23, June 13, June 25, July 10, and November 18 of that year respectively. Report from Committee to whom the pe- tition of the Honourable Company of Mer- chants trading to the East Indies was referred. Accounts of the annual revenues and disbursements of Bengal, Fort St. George, Bombay, Bencooleu, and Prince of Wales' Island. Papers respecting private trade between India and Europe. Accounts of annual revenues, &c. Accounts of annual revenues, &c. Accounts of annual revenues, &c. Papers relative to the Mahrattafwar. 23G LAWS AND PUBLIC DOCUMENTS Year. 1805 1806 1806-7 isor 1808 1809 1810 1810-11 1812 1813 1813-H Sessional Number. 40 48 158 205 94 li] 43 fl94| |240 j 91 268 275 r227 \228 /165 \200 /186 \343 377 122 194 264 * 188 Parliamentary Reports, &e. Papers respecting Prince of Wales' Is- land. Treaties, engagements, and correspond- ence between the British Government and the Mogul. Accounts of annual revenues, &o. Political correspondence relative to Oude. Papers relating to the affairs of the Car- natic. Accounts of annual revenues, &c. Correspondence of Marquess Cornwallis with the Court of Directors. Accounts of annual revenues, &c. Report of Committee on East India pa- tronage. Return of writers and cadets sent to In- dia by the Company. Accounts of annual revenues, &c. Accounts of annual revenues, &c. Fifth report of Committee on Land Re- venues, &c. Report of Committee appointed to con- sider the affairs of the East India Company, and to whom the several petitions relating to the trade and shipping of the said Com- pany, and the renewal of their Charter were referred, and also the petitions of the East India Company, praying to be lieard by counsel before the said Committee. Papers relating to the Christians in Malabar, Roman Catholic Chapels, temple of Juggernaut, missionaries in Bengal, &c. Return of answers of circuit judges respecting the religion of the Hindoos; also respecting missionaries, and the first introduction of Christianity into India. Accounts of annual revenues, fee. RELATING TO BRITISH INDIA. 237 Year. Sessional Number. 1814-15 39 323 , 381 1816 1817 310 I 389 65 1818 362 1819 209 1820 ( 89 ) 91 1821 590-618 1822 433-446 1823 406-431 1824 346-460 1825 315-354 360 450 508-18 1820 158 OTR 349 410 1826-27 ■1 330 ( 1828 1,325 ) 129 1829 1830 Parliamentary Reports, &c. 201 240 60-683 398 633 Regulations passed by the Governments of the three Presidencies. Accounts of annual revenues, &c. Papers relating to the war in Nepaul. Regulations passed by the Governments of the three Presidencies. -Accounts of annual revenues, &c. Papers relating to the Burmese war, and to discussions with that Government. Accounts relating to exports. Papers relating to the burning of Hindoo widows, and voluntary immolation. Regulations passed by the Governments of Bengal, Fort St. George, and Bombay. Returns of shipping and tonnage entered inwards and cleared outwards between tho United Kingdom and the Asiatic depen- dencies. Accounts of annual revenues, &o. Regulations of the Governments of the three Presidencies. Rules relating to juries in the Supreme Court of Judicature at Fort William, in Bengal. Regulations of the Governments in the three Presidencies. Accounts of annual revenues, &c. Regulations of the Governments at the three Presidencies. Accounts of annual revenues, &c. Returns of East India civil oBBces. 238 LAWS AND PUBLIC DOCUMENTS Year. 1831 1831 ib;i3 1836 1837-8 1839 ISJtO Sessional Number. 4 211 450 734-5 125 . 126 ) 370 378 \ 549 271 277 ) 754 518 51 156 ( 277 j (754 i 673 40 f 55 1125) 431 552 527 Parliamentarj' Reports, &c. Accounts of annual revenues, &c. Returns of number and names of per- sons appointed to judicial stations in British India since January 1, 1801, specifying dates and emoluments, and whether from the English, Irish, or Scotch bar. Accouuts of annual revenues, &c. Reports from Select Committee appointed to consider the present state of the affaii-s of the East India Company, with an Appendix on the state of society among the Asiatic subjects of Great Britain. Correspondence and papers respecting the renewal of the East India Company's Charter. Accounts of annual revenues, &c. Regulations of the Governments of the three Presidencies. Report on salt monopoly in India. Accounts of annual revenues, &c. Regulations of the Governments of the three Presidencies. Copy of the penal code prepared by the Indian Law Commissioners, published by command of the Governor-General in Couu- cil. Treaty with Runjeet Singh and Shah Shujah-ool-Moolk at Lahore, June 26, 1838. Return of the number of ecclesiastics of all denominations in the colonies and ter- ritories of the East India Company main- tained by grants of public money. Various papers relating to the present state of steam communication with India by the various routes, and expenses in- curred. Accouuts of annual revenues, &c. Minute by the Governor-General of India on the cultivation of cotton in the East Indies, and comparative cost of producing oolton-yarn in England and in India. RELATING TO BRITISU INDIA. 139 Year. 1840 1841 1841 1342 1843 1844 1845 1840 1847 1847-8 Sessional Number. 014 22 39 t] ■ 97J 4-^S I 338 58 200 585 f 30 I 85 300 489 490 ) 613 3071 500J 272 18 406 14 68 190 439 712 I 330 I Pailiamentai'y Keports, &c. Accounts of annual revenues, &c. Acts of the Government of India. Correspondence between the Government of India and the Court of Directors relative to contributions to Hindoo temples. Statements showing the pay and allow- ances of Her Majesty's troops serving in ludia. Dispatch from the Court of Directors on the further severance of Government from all connection with the idolatry and super- stition of Blahommedans and Hindoos. Acts of the Government of India. Accounts of annual revenues, &c. Special reports of the Indian Law Com- missioners. Proclamations of the Governor-General of India respecting the gates of the temple of Somnauth and the evacuation of Affghan- istan. Special reports of the Indian Law Com- missioners. Treaties with the Ameers of Scinde and other conventions, and correspondence re- lating thereto. Papers relating to infanticide in India. Accounts of annual revenues, &c. Special report of the Indian Law Com- missioners. Acts of the Government of India. Accounts of annual revenues, &c. Special reports of the Indian Law Com- missioners. Eeports relating to railways in India. Papers relating to Scinde. Return of papers in possession of the East India Company showing the measures taken to promote the cultivation of cotton in India since 1836. Report relating to cotton in Bombay. Special reports from the Indian Law Commissioners. 240 LAWS AND PUBLIC DOCUMENTS Year. 1847-8 1849 1850 Sessional Number. 1851 123 137 167 184 206 ' 230 245 L361 431' 481 511 974 453 621 479 669 693 752 1203 17 90 112 Parliamentary Eeports, &c. Eight reports from Select Committee on sugar and coifee planting in the East In- dies, with minutes of evidence, appendix, and index. Return of register of ships built in the Hooghly from 1781 to 1846. Accounts of annual revenues, &c. Reports from Select Committee on the growth of cotton in India, with minutes of evidence, appendix, and index. ' Statistics of education in India. Accounts of annual revenues, &c. Communications on the connection of the Government of British India with idolatry or Mahommedanism. Accounts of annual revenues, &c. Documents relative to the revenue and expenditure of the State of Sattara since the death of the rajah, under the adminis- tration of the East India Company. Correspondence between Her Majesty's Government and the East India Company and others respectmg steam communication via Suez to the East Indies, &c. Treaties, Acts, and Ordinances, relating to the Roman Catholic Church. Report of Commissioners on law of mar- riage in the East Indies. Laws passed by the Govern or- General in Council in India, in 1847, 1848, and 1849, with indexes. Account of exports to, and imports from, the East Indies in 1 848. Correspondence between the Government of India and the Court of Directors, and the Government of Bombay and the resident Commissioner at Sattara, relative to the an- nexation and government of that territory. Statement showing the cost of postal com- munication with the East Indies. RELATING TO BRITISH INDIA. 241 Year. 1861 Sessional Number. 1852 180 498 219 276 320 372 385 583 C05 C22 059 41 00 73 249 338 87 361 Parliamentary Reports, &a. Returns of postage chavgetl on letters to the East Indies, and revenue and expendi- ture of the several post-offices for the tliree years ending January 5, 1848. Reports and statements relative to the grand trigonometrical survey of India. Communications relating to the connec- tion of the Government of British ludia willi idolatry or Mahommedanism. Accounts re[>ecting the annual revenues for the last three years. First report of Select Committee on steam communication with the East In- dies, etc. Home accounts of the East India Com- pany. Returns showing nature of exaraiuation of cadets hefore appointment or promotion ill the Service of the East India Company. Second report from Select Committee on steam communication with India. Return of all roads, bridges, factories, docks, and all other public works, completed in India by the East India Company within the last ten years, with cost thereof. Statement of nature and locality of ma- ritime surveys undertaken by the East India Company since 1820. Lords' report on Indian territories. Copies of all documents furnished by the Resident at Sattara to the Bombay Govern- ment, showuig revenues of Sattara, and charges thereon, under the administration of the East India Company. Papers relating to Meer Ali Morad, Copies of all tenders, letters, or state- ments relating to steam communication to the East Indies, &c. East India Acts for 1850, with index. Returns relating to postal communication in India. Return of number of Scholars in tlie several Educational Establishments of the several Presidencies of Bridsh India, dis- K 242 LAWS AND PUBLIC DOCUMENTS Tear. 185a 1852-53 Sessional Number. 437 484 533 561 41 73 87 120 341 358 369 407' 987 '436^ 479 556 692 I 768 897 "437 439 505 Parliamentary Beports, &e. tinguishing Christian, Mussulman, and Hin- doo scholars, and ■whether the Christian Scriptures are used in such Schools. Accounts of annual revenues, &c. Home accounts of the East India Com- pany. Report from the Select Committee on Indian territories, with minutes of evidence, appendix, and index. Correspondence between the Bombay Go- vernment and the authorities at home on the trade of Scinde and the establishment of an annual fair at the port of Currachee. Report from the Select Committee (House of Lords) on Indian territories, with index. Papers relating to Meer All Morad and the affairs of Sinde. Report respecting postal communications in India, with Despatches from Court of Di- rectors, authorising new regulations. Correspondence relating to the departure of East India mail steamers from Southampton. Documents relating to the irrigation on the Godavery and Kiatna Annicuts, in the Presidency of Madras. Papers relating to appeals from the Courts of India to the Judicial Committee of the Privy Council. Statistical papers, recently prepared, re- lating to India. Reports and returns relative to public works in Bengal, Madras, and Bombay. First, second, third, fourth, fifth, and sixth reports from Select Committee on Indian territories, with appendix and index. Letter dated Nov. 21, 1852, signed by nine Proprietors of East India stock, and the Court's answer thereto (Sattara). Papers relating to the Rajah of Sattara. Accounts respecting the annual territorial revenues and disbursements of the East RELATING TO. BRITISH INDIA. 2i3 Year. 1852-53 Sessional Number. 545 555 500 615 627 632 634 645 681 741 770 787 789 888 884 897 Parliameutary Reports, &c. India Company for three years, 1848-9, 1840-50, 1850-1. Corresi>ouclence and oflicial reports re- lating to the Madras Railway. Statistical Reports on the health of the Navy oil the Indian station. Home accounts of East India Company. Despatches relating to corrupt practices at Baroda. First, second, and tliird reports from the Lords' Committee on Indian territories. Correspondence respecting the Govern- ment of India, between the Board of Con- trol and Directors. Despatches, minutes, and reports from the Madras Government, respecting the origin and transactions of the Porto Novo Iron Company. Return respecting calicos, muslins, cotton goods, and cotton yarn, exported from, and iDjported into India. Returns relating to East India Proprie- tors, their voting, and the patronage of Di- rectors since 1834. Correspondence between Court of Di- rectors and Board of Control respecting the India Bill. Instructions to the Governor-General of India respecting Sir James Brooke. Correspondence relating to railways in India. Letter to Secretary to the Government of Bengal, and Minute thereupon by the Go- vernor-General, respecting tlie revenue on salt. Returns of the subjects of the Guicowar enjoying the British guarantee. Papers relating to public works, and finan- cial letters from Madras, containing also Instructions from the Court of Directors to the Government of India respecting public works. Index and appendix to reports on Indian territories. li 9 244 LAAVS AND PUBLIC DOCUMENTS Year. Number. Pariiamentaiy Reports, &c. 1852-53 1853 1854 928 948 975 988 90G 999 1608 87 182 407 692 21 29 80 131 188 213 224 247 292 318 Returns of East Indian importations. List of covenanted and uncovenanted ser- vants on the East India Civil Service. Monies disbursed by way of gratuities in the East Indies at the three Presidencies. Despatch respecting the allowance to the temple of Juggernaut from the Treasury. Papers relating to the case of Viccajee Merjee, and Pertonjee Merjee. Papers illustrative of the revenue survey and assessment of Bengal and Bombay, with plans. Further papers relating to hostilities with Burmah. Reports from Bengal, and Despatches re- specting the establishment of electric tele- graphs in India. Report of Admiralty surveyors on Calcutta mail paclcet. Reports of Commissioners on public works at Bengal, Madras, and Bombay. Regulations respecting batta allowance to military officers in India. Report of Commissioners on public works in Bengal and Bombay. Return of sums spent on education in India since ] 834. Papers relative to Sir Charles Napier's resignation. Memorandums of Major Kennedy, ;vith plan respecting railways in India. Correspondence respecting the claims of Meer Ooniaid Sing. Return relating to public works in India. Return of the quantity of land under cul- tivation in the East Indies, and papers re- specting public works. Correspondence respecting the China expedition. Accounts of annual revenues, &c. Home accounts of East India Company. Correspondence relating to railways in India. nELxVTIiN'G TO BRITISH INDIA. 245 Year. Ressional Number. 1804 1855 803 413 416 418 483 497 813 514 1843 0.5 34 77 174 183 24'.i 243 248 253 272 270 Parliameutavy Eeports, &c. Despatch relating to eduoatioii iu India. Letter from Court of Directors resjjecting public worlis in India. Correspondence and Treaty relating to the lUvjah of Berar. Papers relative to the Nizam's territory. Eeports on the administration of Sinde. Correspondence respecting postage iu I udia. Despnlch from the Court of Directors respecting military appointments in India. Number of divisional and brigade com- mands of the army under each Pi'esidency, distinguishing those held by Queen's and by Conijiany's officers. Payments into the Exchequer from the East India Company. General report on the administration of the Punjaub for the years 1840-50, and 1850-51. Piegulations hy Board of Control for exa- mination of candidates for Civil Service. liegulations for examination of candidates for assistant surgeons. Keturn of total land forces and police corps commanded by British officers in India. Eeturn respecting torture by the police iu India. Eeturn of sums paid and remaining due for Carnatic debts. Eeceipts and charges from 1850 to 1854 respecting Sattai-a. Eeports respecting telegraphs in the East Indies, with a plan. Estates to which the Eegistrars have ad- ministered in the Supreme Court of Cal- cutta. Territorial accounts of the East India Company. Abstract of correspondence respecting railways in India. Amount of four per cent. Stock of the East India Company, accepted by holders of the various iivc per cent. Stocks. 246 LAWS AND PUBLIC DOCUMENTS Tear. Sessional Number. 1855 1856 300 825 336 346 356 420 423 431 435 455 {^»} 46 48 63 83 103 104 133 168 245 265 267 Parliamentary Reports, &e. Home accounts of the East India Com- pany. Revenue accounts. Gross revenue derived annually from all sources of taxation in India. Despatch respecting an alleged case of torture. Army school regulations at Madras. Eeport of Commission for the investiga- tion of alleged cases of torture at Madras. Documents under the title " Selections from the records of Government." Treaty between the Sobadah of Jhansi and the British Government concluded in the year 1817, relating to thp annexation of that territory. Letters relative to the alleged use of torture by the native officers of the Govern- ment at Madras. Despatches relating to the annexation of Kerowlee. Reports of examiners of candidates for assistant-surgeons for the Civil Service. Names of all officers commanding bri- gades in the last Burmese war. Despatch relating to judicial establish- ments in India. Copy of an Act for the administration of the estate of the Nawab of Surat. Correspondence relating to the annexa- tion of Berar. Return of sums borrowed from the king of Gude between the year 1811 and 1855. Territorial revenues for three years. Returns of territories annexed to the British dominions since the close of the Punjaub war by the Governor-General of India. Account of gross and net revenues of India. Copy of minute by Marquis of Dalhousie. Minutes of evidence before Select Com- mittee on Nawab of Surat Treaty Bill. Returns of pensions exceeding 200/. a year granted to Governors and ex-Governors RELATING TO BRITISH INDIA. 247 Year. 1856 Sessional Number. 1857 271 284 288 305 317 341 362 2086 2035' 2030 2007 2098, 2084 2089 12 31 33 41 51 52 60 Parliamentaiy Reports, &c. General of India since Stat. 33 Geo. III. cap. 52. Home accouuts of East India Company. Resolution of Court of Directors granting pension to Marquis of Dalhousie. Names of all officers who were honour- ably mentioned in the despatches of Lord Gough. Copies of treaties with the Nawab of Baroda, Surat, and others. Correspondence relating to e.Kaminations for Civil Service. Copies of all treaties and connections made with the Native States of India since May 1, 1834. Prices for making up regimental clothing in India. Papers relating to Oude. First, second, third, and fourth reports of commissioners on reform of judicial esta- blishments and laws of India. Eeport of commissioners on manufacture, sale, and tax on salt in British India, with maps and plans. Ships and emigrants dispatched from Cal- cutta to the West Indies, from the West to the East Indies, and from Madras to the Mauritius. Despatch of Directors relating to Goveni- ment of Oude. Papers relating to the Nawab of Surat. Pieturns relating to opium. Territorial revenues of East India Com- pany for 1864-6. Circular of Governor-General in Council, dated February 28, 1856, calling for opinions on tlie Law Commission — Reports on judicial establishments, also Memorial of mission- aries of Bengal on the state of that pro- vince, with the reply of the Government. Papers relating to military education at Addiscombe. Returns of charges to East India Govern- ment in growth and monopoly of opium — 248 LAWS AND PUBLIC DOCUMENTS Year, Sessional Number. Parliamentary Eeports, &e. 1857 63 7] 79 81 82 85 110 111 113 117 118 120 127 135 140 166 167 177 191 193 Return by the East India Government of the charges incurred in the growth and mo- nopoly of opium. Correspondence relating to expedition to Persia. Papers relating to the Nawab of Surat. Correspondence relating to the Hindostan and Tibet-road-project, with the several Reports of Major Kennedy and Lieut, Briggs relating thereto. Returns of capital due to various East Indian railways from East India Company. Return of law expenses in England chai-ged on revenues of East India Com- pany, or to be charged thereon for the years 1855 and 1856. Return showing value of silver coinage at mints of Calcutta, Madras, and Bombay Home accounts of East India Company. Despatch from Court of Directors relating to memorial of Missionaries. Return showing under which tenure and subject to which land-tax lands are held in the several Presidencies. Correspondence relating to torture in India. Despatches relating to confiscation of ter- ritories of Ameer All Morad. Returns of outlay by East India Com- pany on Indian railways and canals. Despatch relating to police system in Bengal Presidency. Territorial accounts of East India Com- pany. Returns of all creditors on State of Oude. Despatch relative to Bengal Military Fund. ^ Estimate of sum to be voted in 1857, for the Persian expedition. Estimate of extraordinary expenditure — . Persian expedition. Account of expenditure by East India Company on China War. Supplemental estimate ditto. RELATING TO BRITISH INDIA. 249 Yeai 1857 Sessional Number. 1N,-„S 194 ]08 209 215 210 325 247 258 286 295 290 322 341 342 2217 2218 2252 2234 2264 2265 2266 2277 11 Parliamentary Eeports, &c. Correspondence respecting European troops. Despatch relating to police in Bengal. Meraoraudum on Indian railwaj's, with mup. Return of area and population of all the Presidencies of India, and estimated popu- liitiiin of Niitive States. Report lit' Sir G. Xfipier to the Duke of Wellington, on dit>ci|iliue of Indian army. lleprint of appendix to report on Indian territories, 185S. Extract of letter from Sir C. Napier to Dniie of Wellington, June 14, 1850— Ap- pendix to mntiny papers. Amount to the credit of " Security Fund" of East India Couipnnv under statute 3 & 4 Wm. IV. cap. 85. Statement of importations, 1853 to 1855. Letter from the Court of Directors re- lative to the education of the Southals. Measures taken relative to cotton since 1847. Correspondence on the Levying Dues, Singapore. Returns respecting titles of Land Com- mission in Borahay. Returns relative to liberty of the press. Correspondence respecting relations with Persia. Treaty of Peace with Persia. Papers relating to mutinies in the East Indies. Appendix to papei-s relating to the muti- nies in the East Indies. Supplement to papers relating to die mu- tinies in the East Indies. Appendix to papers on the mutinies in the East Indies, Further papers on the mntinies in the East Indies. Further papers on the mutinies in the East Indies. Returns relating to Public Works in India. 250 LAWS AND PUBLIC DOCUMENTS. Year. Sessional Number. Parliamentary Reports, &c. 1858 16 Returns relating to the ^East India Re- venues. 33 Returns relating to the Civil Service in India. Returns relating to Bishops and Cathe- 33 dral Establishments. 66 Returns relating to the Military Force in India. 59 Returns relating to Cadetships in the East Indies. 63 Estimates referred to Committee of Sup- ply- {S} Returns relating to Missionaries in the East Indies. 73 Returns relating to Hindoo Shrines. 74 Returns relating to the Police in the East Indies. 75 Returns relating to improvements in the Administration of India. ■— — 79 Return relating to Sir Peregrine Mait- land. APPENDIX A. MR. FOX'S EAST INDIA BILLS. " A Bill for vesting the Affairs of the East India Company First Bill. in the hands of certain Commissioners, for the benefit of the Proprietors and the Public;" introduced into the House of Commons, in November, 1783. "Whereas disorders of an alarmiug nature and magnitude have long prevailed, and do still continue and increase, in the management of the territorial possessions, the revenues, and the commerce of this kingdom in the East Indies, by means whereof the jn-osperity of the natives hath been greatly diminished, and the valuable interests of this nation in the said territorial possessions, revenues, and commerce have been materially impaired, and would probably fall into utter ruin if an immediate and fitting remedy were not provided : S. 1. Be it therefore enacted by the King's Most Excellent Govemment JO of the present Majesty, by and with the advice of the Lords Spiritual and f?,e e^uS^ Temporal, and the Commons, in this present Parliament dl^contiiiu«J[ assembled, and by the authority of the same, that the government and management of the territorial possessions, revenues, and commerce of the United Company of Merchants of England trading to the East Indies, by the Directors and Proprietors of the said Company, or either of them, and all 252 APPENDIX. Fox's In- dia Bills. Seven Direc- tors to be ap- fio nted and nvested with certain powers. Property ef East India Company to be vested in the said Directors. and singular the powers and authorities of the said Directors and Proprietors, or of any special or general or other Court thereof, in the ordering and managing the said possessions, revenues, and commerce, and all elections of Directors of the said United Company, be, and are hereby declared to be, dis- continued for and during the continuance of this Act, any charter, usage, law, or statute to the contrary notwithstanding. S. 3. And he it further enacted by the authority aforesaid, that for the better governing, ordering, and managing the said territorial possessions, revenues, and commerce, the Right Honourable William Earl Fitzwilliam, the Right Honourable Frederick Montagu, the Right Honourable George Legge, commonly called Lord Viscount Lewisham, the Honourable George Augustus North, SirGilbert Elliott,Baronet, Sir Henry Fletcher, Baronet, and Robert Gregory, Esquire, shall be and they are hereby constituted and appointed Directors of the said United Company, and shall be and they are hereby constituted members of the said Company ; and that the said Directors hereby appointed, or any three of them, shall have, use, pos- sess, and exercise all and singular the powers and authorities which have been at any time heretofore vested in, or lawfully exercised by, the said Directors hereby discontinued, or Pro- prietors, or by the General Court of Proprietors of the said United Company, and all such further and other powers and authorities, and under such directions, and subject to such limitations and restrictions as in this Act, or in any other Act, the provisions whereof are not hereby altered or re- pealed, are contained, for the government and management of the said territorial possessions, revenues, and commerce of the said United Company, or in anywise relative thereto. S. 3. And be it further enacted by the authority aforesaid, that the said Directors hereby appointed shall, and they are hereby authorized and empowered, immediately and after the commencement of this Act, to enter into and upon and to possess themselves of all lands, tenements, houses, and ware- houses, and other buildings whatever of or belonging to the said United Company; and also to take into their custody and APPENDIX. 253 possession all books, records, documents, cbavtevs, acts, instru- Fox's In- ments, letters, and other pap.ers whatsoever; and also all ships and vessels, goods, wares, merchandizes, money, secmitics for money, and all other effects whatsoever of or belonging to the said United Company, in trust for and for the benefit of the Proprietors thereof ; and to have, bold, and possess the same in like manner as they were held and possessed by the Directors hereby discontinued, subject to such charges, claims, and demands as do or may affect the same; which Directors so discontinued, and all other officers and servants of the said United Company, are hereby enjoined, imme- diately upon the requisition of the said Directors hereby appointed, signified under their hands and seals, or the hands and seals of any three of them, to deliver to them, or to such person or persons as they shall for that purpose appoint, all such lands, tenements, houses, warehouses, buildings, books, records, documents, charters, acts, instru- ments, papers, ships, vessels, goods, wares, and merchan- dizes, money, securities for money, and all other effects whatsoever. S. 4. And for the sole purpose of ordering and managing Nino Pm- the commerce of the said United Company, under and sub- Assistant du iT ■ 'I'lT-v ret-tors for iect to the orders and directions ot the said Directors hereby minagement J •'of commerce^ appointed, be it further enacted by the authority aforesaid, that Thomas Cheap, Esquire, George Cuming, Esquire, Richard Hall, Esquire, John Harrison, Esquire, Joseph Sharp, Esquire, John Michie, Esquire, John Smith, Esquire, George Tatem, Esquire, and James Moffatt, Esquire, being Proprietors, each of them two thousand pounds capital stock in the said United Company at least, shall be Assistant Di- rectors for the purpose aforesaid ; and shall from time to time, without requisition, and also as often as they shall be thereunto requii-ed, render an account of theii- proceedings to the said Dii-ectors hereby appointed, and in all matters and things whatsoever shall pursue and follow such orders and directions as they shall from time to time receive from such Directors. 254 APPENDIX. Fox's In- dia Bills. Vacancies in office of Di- rectors. Vacancies in office of As- sistant Direc- tors. Power to re- move Assis- tant Direct- ors. S. 5. And be it further enacted by the authority aforesaid, that in case any vacancy or vacancies shall happen in the office of the said Directors hereby appointed, by death, resigna- tion, removal, or otherwise, such vacancy or vacancies shall be filled by His Majesty, under his Sign Manual, within twenty days after notice of such vacancy or vacancies shall have been given to one of His Majesty's principal Secretaries of State. S. 6. And be it further enacted by the authority aforesaid, that in case any vacancy or vacancies shall liappen in the office of the said Assistant Directors, by death, resignation, removal, or otherwise, such vacancy or vacancies shall be filled by the majority of the Proprietors of the said United Company, qualified in the. manner required by an Act of the thirteenth year of his present Majesty, intituled " An Act for establish- ing certain Regulations for the better Management of the Afiairs of the East India Company, as well in India as in Europe;" which Proprietors, at such election of any Assist- ant Director, shall not vote by ballot, or in any other covert or concealed manner, but in an open court, for that purpose only specially summoned ; and eveiy such Proprietor, by giving his or her vote, shall subscribe his or her name in a book to be prepared for that purpose, under the name of the person for whom he or she shall vote. S. 7. And be it further enacted by the authority aforesaid, that if five of the said Directors hereby appointed, who shall be present at any meeting, shall, upon inquiry, and after examination into the conduct and behaviour of the said As- sistant Directors, find that any of them is guilty of neglect or misdemeanor in the execution of his said office, or of wilful disobedience of any order or orders of the said Directors hereby appointed, they are hereby authorized and empowered to remove and displace such Assistant Directors ; entering in their journals their reasons respectively for removing or displacing such Assistant Director, signed with their re- spective names. S. 8. And be it further enacted by the authority aforesaid, APPENDIX. 255 that tlie said '^Yilliam, Earl Fitzvvilliam, shall be,dunug his con- fP^^I.??' timiauceas a Director by virtue of this Act, Ghainnau of the Board of Directors, and the said Right Honourable Frederick ^lipofnirec- Montagu, Deputy-chairman thereof ; and if the said Chairman shall die, resign, or be removed from such office of Director, at any time during the continuance of this Act, then and in that case the said Deputy-chairman shall succeed to the office of Chairman of the said Board of Directors ; and if the said Deputy- chairman, being become Chairman of the said Board of Directors, shall also die, resign or be removed from the said office of a Director, then and in that case, and also in every other case of a vacancy in the office of a Chairman of the said Board of Directors, the said Directors hereby ap- pointed shall choose and elect one of themselves to sup])ly such vacancy ; and if a vacancy, either by succession, or other- wise, shall at any time ha])pen in the said office of Deputy- chairman of the said Board of Directors, established by this Act, the said Directors hereby appointed shall, in like manner, choose and elect one of themselves to supply such vacancy. S. 9. And be it further enacted by the authority aforesaid. Powers of '' _ Cliairmaii. that the said Chairman of the said Board of Directors, or, in his absence, the said Deputy-chairman, shall have povrer to call or summons any extraordinary meeting of the said Directors hereby apjiointed, at such time or times as he shall think expedient; and may, at any meeting v\hatevcr of such Directors, if he shall think fit, propose the business to be first considered by such Directors at such meeting ; and in case of an equal division of voices on any question whatever before the said Board of Directors, shall have the easting voice ; provided always, that nothing herein contained shall prevent the majority of such Directors present at any meeting from adjourning their meetings to such time or times as they shall think proper. S. 10. And be it further enacted by the authority aforesaid, t'^'',=o?ei>V"" that it shall not be lawful for the said Directors hereby ap- ^""otifer co- pointed, or any of them, upon any question whatever, to vote by "" ""*"""• ballot, or in any other covert manner ; and that in any dif- 250 APPENDIX. Pox's In- dia Bills. Disqualifica- tiim of per- sons engaged in Eabt India trade for Di- rectonihip. Disqualifica- tion of per- sons charged with corrupt practices. Disqualifica- tion of East India Com- pany's ser- vants in In- dia, ference of opinion, except as to the election to oifices of persons not having before been in the service of the said United Companj', the said Directors (as well the majority as those who shall dissent) shall each of them enter, on the journals of the said Directors, his reasons for his vote, signed with his name, or his adherence to tlie reasons entered Ijy any other Director. S. 11. ^Ind be it further enacted by the authority aforesaid, that no person furnishing the said United Company with ship- ping, or with any article of their investment outwards, either from Great Britain, or from such ports and places as the Company's ships have occasion to touch at in their way to India, or with any naval or military stores, or concerned in buying and sellipg any commodity of the said United Com- pany's importation, shall be capable of being a Director or Assistant Director for the execution of this Act. S. 12. And be it also enacted by the authority aforesaid, that no person shall be capable of being a Director or Assistant Director for the execution of this Act, against whom the charge of any corrupt practice, peculation, or oppression in India, doth or shall appear in the records of the said United Company, within the space of two years before the time of his nomination ; or shall be made upon oath before the said Directors, hereby appointed within the space of two years before his nomination, until such Directors, or three of them, shall have examined into the same, and shall have severally declared that they have examined into the said charge, and do in their conscience believe such person not guilty of the said charge ; or that they do, upon the said examination, find the said charge not of suiEcient importance to exclude the said person from the said office of Director, or Assistant Director, as the case may be j and that they have entered upon their journals their reasons for such their opinion. S. 13. And be it further enacted by the authority aforesaid, that no person who hath been, now is, or shall hereafter be, in the service of the said United Company in India, shall be capa- ble of being a Director, or Assistant Director, for the execution APPENDIX. 257 of this Act, witlun the space of two years from the time of -Fox s In- , . , . T T dia Bills, his Last return irom India. S. 14. And be it further enacted by the authority aforesaid, ™f;y«f ^'^ that the said Directors hereby ai)poioted shall, once in every J'^ pro™-"*'" six months, lay before the Proprietors of the said United Coni])auy, in a General Court to be for that purpose assem- bled, an exact state of the debts and credits of the said United Company ; the first cost and charges of their invest- ments, outward and inward; with the sums of money in India applicable to an investment, according to the last accounts received therefrom ; an account of the shipping ; an account of the produce of the sales ; and the state of the warehouses at home and abroad. S. 15. And be it further enacted by the authority aforesaid, ^^.J?™,^, °^. that the said Directors hereby appointed shall, within twenty Jo'^^f^jatK- days after the commencement of every session of Parliament, ment^"'''* lay before the Lords Commissioners of llis Majesty's Treasury (who are hereby authorized and required, without loss of time, to lay the same before both Houses of Parliament) an account of the produce of the territorial and other revenues of the said United Company in India ; and also estimates of the civil, military, and naval establishments there; togethci- with a state of the bond and other debts due from the said United Company in India, distinguishing what belongs to each of the principal Presidencies and Settlements of the said United Company in India; and also the state of the trade, laid by the said Directors before the said Proprietors at their then last General Court. S. 16. And be it further enacted by the authority aforesaid, J'^'^'t'ifJ'iJf'j,- that the said Directors hereby appointed, or the major part of '<^"<"'*' them, shall have full power and authority to remove, displace, suspend, appoint, confirm or restore, all and every person or persons whatsoever, from or to any office, station or capa- city whatsoever, civil or military, in the service of the said United Company, or within the limits of the said United Company's charters, or any of them, or any way concerned in the management of their affairs within this kingdom, or s 258 APPENDIX. Fox's In- dia Bills. Directors empowered to punish all servants of East India Company, guilty of malversa- tion. No servant of Company in India, -whether any such person or persons shall have been nominated or appointed in and by any Act or Acts of Parlia- ment, or however otherwise nominated or appointed ; except as herein provided and established, as to the appointment and removal of such Directors themselves, and of the said Assist- ant Directors. S. 17. And for the more speedy and effectual punishment of offences committed in India by persons employed in the ser- vice of the said Company, be it enacted by the authority aforesaid, that whenever any charge of corruption, pecu- lation, oppression, extortion, receipt of presents, usury, breach of orders, or other grievous offence, shall be exhibited or made before the Governor-General and Council of Bengal, or the President and Council of any of the Presidencies or Settlements abroad of the said United Company, and trans- mitted from thence to the Court of Directors hereby discon- tinued, or to the said Directors hereby appointed, against any of the said Governors, Presidents or Members of the CouncQ of any of the said Presidencies or Settlements of the said United Company, or others, in any office, station or employ- ment, civil or military, in the said United Company's Service ; or -which shall be exhibited or made by any of the Native Princes dependent upon, or under the protection of the said United Company, against any such person or persons ; the said Directors hereby appointed shall, within twenty days after the same shall be received, enter into an examination of such charge ; and if, upon or in consequence of such exa- mination, such Directors shall not think proper either to recall or order a prosecution against such person so charged, each and every such Director, making such examination as aforesaid into such charge, shall enter in -writing, and sub- scribe -with his name, in the journals of such Directors, his opinion on the validity and importance of such charge, with his specific reasons, on the particular case, for not recalling the person so charged, or for not ordering a prosecution upon such charge. S. 18. And be it further enacted by the authority aforesaid. rjiarf^ed with nialversa- tton tn lie pcmiiUeil (i R'tuin to !:i- tiia until in- quiry insn- tutcil. APPENPIX. 259 tlmt before any person or ])ersons whatsoevfr, in the employ- J.'"'!?.,^"" nicnt, civil or military, of the said United Company iu any of their Presidencies, and against whom any charge shall appear mSyeilZ upoii anv of the CoiuDauy's records, or shall have bctin made pcmiiiie.i to to the said Court of Directors hereby discontinncd, or General Court of Proprietors, or shall be made or exhibited to the said Directors hereby appointed, shall l)e permitted by the said Directors hereby appointed to return to any part of [ndia, either in the same or iu any other office, station or emjiloymeut, in the service of the said United Company; and also, before the said Directors hereby appointed shall confirm the appointment, or suffer the dei)arture from Great Britain for India, of any person or persons who may have been, or shall be, appointed to any office, station or employ- ment whatsoever, in the service of the said United Com])any, and against whom any such charge shall appear, or shall have been made, or shall be made as aforesaid ; and also before the said Directors hereby appointed shall themselves a]ipoint any person, having before been in the service of the said United Company, to any office, station or employment whatsoever, in the said United Company's Service, and against whom any such charge shall appear, or shall have been made, or shall be made as aforesaid, the said Directors hereby a]ipointed shall, and they are hereby required to make a full and particular examination and inquiry into the conduct of every such person relative to the said service, and the subject-matter of such charge ; and shall enter on their journals their reasons for permitting any such person to return, or confirming the appointment, and permitting the departure of any such person, or for themselves appointing any such person (as the case may be) notwithstanding such charge. S. 19. And be it further enacted by the authority aforesaid, that iu case of any disputes, differences or controversies what- afirii'ig bo- soever, which have arisen and are depending, or may here- oownments ' ill In rl in after arise, between the Governor-General and Council of Bengal, or between any of the Presidents of any other of s 2 Dirpctors to Ip'jiile on all in India. 260 APPENDIX. Foi'a In- dia Bills. Directors to arbitiate on any case sub- mitted to them, within three months. Directors to redress grievances of native Princes. the Settlements of the said United Company and their re- spective Councils ; or between the government of one Settle- ment and the government of any other Settlement, or be- tween any of the Governors or presiding powers of any of the subordinate Settlements j the said Directors hereby ap- pointed shall, within twenty days after the receipt of any official account of such dispute, difference, or controversy, enter upon an examination and inquiry into the same, and shall, within three months thereafter, either come to a de- finitive decision thereupon, or enter upon their journals their reasons, signed with their respective names, for not coming to such definitive decision. S. 20. And be it further enacted by the authority aforesaid, that if at any^ time the Governor-General and Council of Ben- gal, or the President and Council of any of the principal or subordinate Settlements, shall require the direction or opinion of the said Directors hereby appointed, on any matter what- soever for the government of such Governor-General and Council, or President and Council, or for the settlement or accommodation of any matter in dispute, or likely to come into dispute between or among them, or any of them ; the said Directors shall return an answer, opinion, or direction, to such requisition, within three months after receiving the letter or letters containing the same, or enter upon their journals their reasons, signed with their respective names, for not sending the same within the time aforesaid. S. 21. And be it enacted by the authority aforesaid, that if at any time complaint shall be made of any breach of treaty, injury, wrong, or grievance, done or committed against any Native Prince in India, by any of the governments of the said United Company^s Settlements, or any officer or other person, civil or military, in the service of the said United Company ; or if any such breach of treaty, injury, wrong, or grievance, shall (without complaint being made thereof) appear upon any part of the correspondence relating to the said United Company's afiairs, the said Directors hereby ap- pointed shall, as speedily as may be, inquire into such breach APPENDIX. 2G1 of treaty, injury, wrong, or grievance, and sliall begin their Fox's In- examination into the same by reading and considering any treaties, agreements or assurances, subsisting between the said United Company and such Native Prince, or any way rehitive to him, if any such tlicre shall be, or any orders which may have been given by the Court of Directors hereby discontinued, or General Court of Proprietors relating to such INative Prince; and the said Directors hereby appointed sliall do full and complete justice to such Native Prince, for such breach of treaty, injury, wrong or grievance, and on every material article and head of charge (if there be more than one) specilicallj', and not upon the whole of such charge in gross. S. 22. And be it further enacted by the authority aforesaid, Ti;re» ^j;^'^- that three, and not less, of the said Directors shall form a board " "i"""""- for executing this Act, or any of the powers thereof, or any other powers vested in or committed to, or which shall be vested in or committed to, such Directors ; and the major part of the said Directors present shall determine, except where the voices shall be equally divided, and then the Chairman, or in his absence the Deputy-chairman, shall have two voices, or the casting voice. S. 23. And be it further enacted by the authority aforesaid, J,'"n"f{o'"ig that all the correspondence of the said Directors hereby ap- sleretal^. pointed, with all persons whatsoever in the service of the said United Company, shall be signed by the Secretary of such Directors, by order of the Board. S. 24. And whereas, by virtue of the charter of the said ah orders to . . . . *>e signed by Company, and the regulations which have from time to time ''"f* D''"- been made for the better government of the said Company, it is required that certain acts should be done or consented to, and that certain accounts should be signed by a particular number of the Directors hereby discontinued : De it therefore enacted by the authority aforesaid, that in all cases what- soever where any act, matter or thing is directed to be done or consented to, or any accounts or writing to be signed by the Directors hereby discontinued, or to be done or consented 262 APPENDIX. Pox'a In- dia Bills. Directois and Assistant Di- rectors dis- qualified for other otfit^es. Directors re- movable by Parliament. Directors may be mem- bers of the House of Commons. Salary of As- sistant Direc- tors. to or signed by any particular number of such Directors, such act, matter or thing shall, from and after the commencement of this Act, be done or consented to, and such accounts or writing shall be signed by three of the Directors hereby appointed. S.-25. And be it further enacted by the authority aforesaid, that the said Directors hereby appointed and Assistant Direc- tors, and each and every of them, during the continuance of this Act, shall be utterly incapable of taking, holding or exercising any office, station or employment whatsoever in the service of the said United Company, and shall also be incapable of taking, holding, or exercising any other place of profit from the Crown during pleasure. S. 26. And be it further enacted by the authority aforesaid, that it shall and may be lawful for His Majesty to remove any of the said Directors hereby appointed or Assistant Directors, upon an address of either House of Parliament. S. 27. And whereas a doubt may arise whether the place of Director, when the same shall be held by any person to be appointed by His Majesty in manner hereinbefore provided, be not within the provision of an Act of the sixth year of the reign of Queen Anne, intituled " An Act for the Secu- rity of Her Majesty's Person and Government, and of the Succession to the Crown of Great Britain in the Protestant Line," although the said place shall have been created and erected by authority of Parliament : Be it therefore enacted and declared by the authority aforesaid, that such office shall not be deemed and taken to be within the intent and purview of the said Act, nor shall any person accepting and holding'the same, by an appointment from His Majesty under his Royal Sign Manual, be thereby disqualified from being elected, or sitting and voting as a Member of the House of Commons. S. 28. And be it further enacted by the authority aforesaid, that there shall be allowed and paid for and to each of the Assistant Directors, for so long time as he shall continue in the office, a clear yearly salary of five hundred pounds, APPENDIX. 2C3 payable by half-yearly payments, and that tbe respective Fox's In- payments of the said salaries shall be stated and allowed in the account of the disbursements for the management of the affairs of the said United East India Company. S. 29. And be it further enacted by the authority aforesaid, that this Act, and all the provisions herein contained, shall '"'''"' commence and take effect from and immediately after this Act shall have received Ilis Majesty's Royal Assent, and shall continue and be in full force for and during the space of four years. Acts to be in force for four " A Bill for the better Government of the Territorial Pus- sessions and Dependencies in India." "Whereas great disorders have prevailed in the government Second of the British territorial possessions and dependencies thereof ■"" • in India, and the laws and lawful authority of this kingdom have not been duly obeyed by divers of the servants of the United Company of ]\lerchants trading to the East Indies : S. 1. For remedy ^^■hereof in future, be it declared and !P'<"'iireta- .* ' tton of Sta- enacted, and it is hereby declared and enacted by the King's n^, Is S''"er- Most Excellent Majesty, by and with the advice and consent of imiia com-* the Lords Spiritual and Temporal, and Commons, iu this pre- sent Pai'liament assembled, and by the authority of the same, that there is not, nor hath been, any privilege, authority, power, pre-eminence, or jurisdiction granted, or meant or in- tended to be granted, iu and by an Act of the thirteenth year of his present JMajesty, intituled "An Act for estalilish- ing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe," or in and by any other Act or Acts whatsoever, or in and by any law or usage whatsoever, for the Governor- General and Council of Bengal, or cither or any of them. 264 APPENDIX. Fox's In- dia Bills. Existing or- ders and regu- lations to be ia force until repealed. Application of all rules, ordinances and regula- tions. collectively or individually, or any other person whatsoever in the service of the said United Company, which doth or shall in any manner exempt him or them, in the exercise of any powers or authorities whatsoever, from a strict and faithful obedience to the orders and directions which have been issued to or for them from the late or any other Court of Directors, or which shall or may be issued to or for them by the Com- missioners named and appointed in an Act of this session of Parliament, to manage and govern the affairs of the said United Company, instead of the said Court of. Directors and General Court of Proprietors, or such other Commissioners as shall or may be lawfully appointed for exercising the powers given them in and by the said Act. S. 2. And be it further declared and enacted, that all general or special orders of the Court of Directors of the said United Company for the regulation of the conduct of the Governor. General and Council of Bengal, or of any other President and Council, or of any other person or persons, in any other station, office, employment or capacity whatsoever, in the service of the said United Company, shall be, and are hereby declared to be, rules by which the persons hereinbefore described shall be governed and directed, until notice shall be given by the said Commissioners, of any alteration, revo- cation or repeal of them, or any of them. S. 3. And whereas pretences have been used to evade the salutary regulations of the said Act of the thirteenth year of His Majesty's reign, relative to rules, ordinances and regula- tions, as if the provisions contained in the said Act, relative thereto, were confined to certain forts and factories; whereby a power subject to no control has been exercised throughout the provinces of Bengal, Bahar and Orissa ; be it therefore de- clared and enacted, that all rules, ordinances and regulations, which by the said Act it is made lawful for the Governor- General and Council of Fort William to issue, for the good order and civil government of the said Settlement, under certain restrictions and provisions in the said Act contained. APPENDIX. 2G5 arc not meant nor inteatled to be confined only to such rulesj ?.°^!?.fj°" ortlinances and regulationsj as are made or issued for the government of, or relative to forts and factories, or other subordinate places in the said Settlement only ; but shall, and all such restrictions and provisions are hereby expressly declared to extend, without auy excejjtion or limitation what- soever, to all rules, ordinances and regulations, as are made or issued by the said Governor-General and Council of Fort ^Yilliam, in whatever place, or wheresoever, or over whatsoever class or description of persons, the same are to operate. S. 4. And be it further enacted by the authority aforesaid, ordinances, •' ^ •' ' &c. to be • that any such rule, ordinance or regulation, shall not only be JJi'i'-l.g'J^.'" duly registered and published in the Supreme Court of Judi- s'"«=s- cature, but an account or abstract of the true effect and sub- stance thereof, and of every clause and provision thereof, in the Persian and Hindostau languages, shall be registered and published, and affixed up in some commodious and con- spicuous place, in each and every provincial court within the ])roviuces of Bengal, Bahar, and Orissa, or within the terri- tory to which it relates. S. 5. And be it enacted by the authority aforesaid, that AiiprocGciu •J J ' ings to be no delegation whatsoever of the powers of Governor-General colmor- and Council of Bengal, or of any President and Council of council.'" any other of the said Settlements, shall be made or given to the said Governor-General or President, or any other person or persons whatsoever; and in case the said Governor-Gene- ral, or any Member of the Council of Bengal, or any Presi- dent or Member of the Council of any other of the said Settlements, or auy other person or persons whatsoever, shall be employed iu the execution of any special commission, the proceedings thereupon shall not be finally approved and con- firmed until a full report of the same shall be made to the said Governor-General and Cormcil, or Presideut and Coun- cil, respectively ; and the person or persons so employed shall, uj)on the requisition of the Governor- General or President, or auy Member of the said Council, deliver into Council his 266 » APPENDIX. fox's In- documents or vouchers in support of any particular fact or ^' facts alleged by him to have happened in the execution of such commission, and in support of which documents or vouchers might have been had, d°JJ?w?th S. 6. And be it further enacted by the authority aforesaid, to 'ir^rrirf that all correspondence and communication whatsoever, of or nors.* ""^ by any resident, agent or other person employed at the Court of any Native Prince or State, or of or by any such Native Prince or State, or any Agent or Minister of such Native Prince or State, or of or by any Chief and Council of any Factory or subordinate Settlement, or any of them, or of or by any Collector of Revenue, shall be addressed to the Governor-General or President respectively ; and all corres- pondence and communication whatsoever of or by any such person or persons, whether addressed to the said Governor- General or his Secretary, or to any Member of the Council or his Secretary, shall be laid before the Council after the same shall be received, al^umraen"/ ^- '^' "^^^ ^^ ^^ cnactcd by the authority aforesaid, that the tk)n"m 3e^^' Govemor-Gencral of Bengal and the President of any other '"°' of the said principal Settlements in India, may, by his own authority, adjourn or postpone the consideration of any ques- tion whatsoever, in the respective Councils in which they preside, for the space of * and no longer : Provided always, that such Governor- General or President shall not have power to adjourn or postpone the same question more than , . , . * Aiicessipnsor g. g. And be it enacted by the authority aforesaid, that acquisitions "^ J ' ^hflubjLt neither the Governor-General and Council of Bengal, nor Pre- fromHome sideut and Council of any other of the said United Company's Presidencies or Settlements in India, shall have power to cede to, or exchange with, any Native Prince or State whatsoever, any territory which was in the possession of the said United Company, or of any of its dependent Princes or States, in or immediately before the year * nor shall * Blanks left in the BUI. APPENDIX. 267 make or accept any acquisition whatsoever, whereby the Fox's In- territory of the said United CouiiDany shall be increased or extended, without orders or directions expressly for that pur- pose, transmitted by the said Commissioners appointed in and by an Act of this present session of Parliament, for managing the affairs of the said United Company. S. 9. And be it enacted by the authority aforesaid, that it ^{"J^:,"^'""' shall not be lawful for the said Governor-General and Council ^.'^dc u°,!Ss of Bengal to invade, or enter with any armed force, or in any tn'in«iitatc hostile or offensive manner, into the territory of any Native independent Prince or State in India, except upon intelli- gence, the credibility and importance of which shall be allowed by a majority in Council, and so declared to be, in minutes subscribed by each Member composing such ma- jority, upon the records of the said Council, that such Prince or State is about to attack and make war upon, or actually making preparations to attack and make war upon the terri- tories of the said United Company, or of some of the Princes or States dependent thereupon. S. 10. Aud be it further enacted by the authority aforesaid, X,';,'!^^"^;;,^, that neither the said Governor-General and Council of Bengal, ""'hoHty'of ' nor the President and Council of any other of the said Presi- vem'mSt' dencies or Settlements, shall have power to make any offensive alliance whatsoever, for the purpose of dividing or sharing any country or territory whatsoever between or with the said United Company and any Native Prince or State in India, without the express orders aud directions, for that purpose, of the Commissioners aforesaid. S. 11. And be it further enacted by the authority aforesaid, f,l that the said Governor-General and Council of Bengal, or any native President and Council of any other of the said Presidencies or Settlements, shall not make or enter into any treaty or agreement whatsoever, to hire out to any Native Prince or State in India, any part of the British or native troops serv- ing in India under the orders of the said United Company ; nor shall make or enter into any new treaty or agreement whatsoever, to or for the keeping up of any body of such itish tronps not to be Iiirctt out to ative 'riuces. 268 APPENDIX. Fox's In- troops in any of the countries or territories of any of the independent Princes or States in India. «mo?edfor S. 12. And be it further enacted by the authority aforesaid, tobTera""' that the said Governor-General and Council of Bengal, or any ployed. ^^^^^ ^^ ^j^^ Presidents or Councils of the said Presidencies or Settlements in India, shall not appoint to, or employ in any oflSce, place or station whatsoever, any person whatsoever, native or British, who hath been, or shall be, removed from any office, station or place whatsoever, for any misdemeanor or other offence, without authority for that purpose first had and obtained from the said Commissioners. not'S'iw'^ S. 13. And be it further enacted by the authority aforesaid, dS^Go/elnl tbat it shall not be lawful for the said Governor- General and BveatewMds. Couucil of Bengal, or any President and Council of any other of the said Presidencies or Settlements in India, or any Col- lector of Revenue, or Chief or other Member of any provincial or subordinate Settlement in India, to let or rent any farm of land or other thing whatsoever, to any banian, native steward or other native servant whatsoever, of any Governor-' General, President or Member of any Council, Collector of Revenue, or of any officer in the army, or of any Judge in the Supreme Court, or of any civil servant of the said United Company; and all contracts and agreements made contrary to this Act, with any such banian, native steward or native servant, for the purpose of letting or renting any farm of land, or of other thing whatsoever, shall be deemed and taken to be for the account of the principal or person in whose service such banian, native steward or native ser- vant is J and such banian, native steward or native servant, shall account to the said United Company for the profits made by such farm of land or other thing j which profits shall and may be recovered from such principal or person in whose service such banian, native steward or native servant was at the time when such contract or agreement was made or entered into. He's [^"be"'"" ^- ^'^- ^"^ ^^ '* further enacted by the authority aforesaid, oboiished. that from and after all monopolies, or pre- APPENDIX. 269 fcreuces, by any autliorityj or upon any pi-etence whatsoever. Fox's In- of any coiimioclities or goods in any of the said United Com- pany's Settlements in India, shall be, and are hereby declared to be, contrary to law and void. S. 15. And be it further enacted by the authority aforesaid, of's^ius f™ that no debt or balance exceeding ... in consequence a!wmS.° of any advance to be made for the making of an}' manufac- ture, or for the purchase of materials by any person making the same, or to any husbandman or actual cultivator of land for any raw commodity, shall be recoverable in any court, or by any action or suit at law, or by any compulsory or other process or means whatsoever, after the space of .... from the time of making the said advances ; and that it shall not be lawful to imprison in any common prison, or in any private bouse or out-house, any person whatsoever, for or by reason of any such advances, at any time whatso- ever. S. 16. And whereas in and by the said Act of the thirteenth 5*''?'"'"''= , J not corruptly year of the reign of his present Majesty, it is enacted, that comp'.ny's every present, gift, gratuity, donation or reward, accepted, covcSbieby taken or received, contrary to the true intent and meaning of the said Act, shall be deemed and construed to have been received and taken to and for the sole use of the said United Company. And whereas the said provision hath been attended with inconvenience, inasmuch as it has been pre- tended that the servants of the Company have liberty to take and receive presents, accounting to the said United Company for the same ; Be it therefore enacted by the autho- rity aforesaid, that every such present, gift, gratuity, dona- tion or reward, accepted, taken or received, if the same shall not be corruptly given to obtain any place or other object to which the person giving the same shall not be entitled, shall be returned or re-delivered to the person giving the same, or his rejiresentatives, according to the custom of the country ; and such person, or his representatives, shall and may recover the same by any suit, action or bill, or other mode of proceeding whatsoever iu use in the place where such 270 APPENDIX. Pox's In- dia Bills. Gratuities re- coverable by other person after certain period. Penalties on corrupt re- ceivers of pre- Tenure of land in cer- tain cases, secured. gift, gratuity, donation or reward^ shall be accepted, taken or received, brought at any time against the person to whom the same was given, or his representatives ; and if the same was corruptly given to obtain any place, or other object, in or any way relating to the said United Company's Service, then and in that case the person giving shall not be entitled to recover the same, but the same shall be to and for the sole use of the said United Company, as heretofore. S. 17. And whereas it may happen that neither the person giving such present, gift, gratuity, donation or reward, nor the said United Company, may sue for the same ; be it there- fore enacted, that in case the person giving the same, or the said United Company, shall not sue for the same within . . • . months, then the same shall and may be sued for, and recovered, in manner aforesaid, by any person or persons whatsoever, to and for his and their sole use and benefit. S. 18. And be it furtlfer enacted by the authority aforesaid, that if any person, from and after shall, contrary to the said Act of the thirteenth year of the reign of his present Majesty, accept, receive or take, directly or indirectly, by himself or any other person or persons, on his behalf or for his use or benefit, of and from any of the Indian Princes or powers, or their Ministers or Agents, or any of the natives of Asia, any present, gift, donation, gra- tuity or reward, pecuniary or otherwise, upon any account or on any pretence whatsoever, or any promise or engagement for any present, gift, donation, gratuity or reward, and shall be therefor legally convicted in the Supreme Court at Cal- cuttaj or in the Mayor's Court in any other of the said United Company's Settlements, or in any court of competent jurisdiction, to try such offence in this kingdom, such person shall thereupon S. 19. And whereas some of the servants of the said United Company have raised the rents paid by landholders to the said United Company, and have farmed out the lands at new rents, by means of which practices several ancient families have been dispossessed of lands long in their occupation, APPENDIX. 271 and liave been reduced to indigence and distress ; for remedy Fox's In- wlicreofj be it enacted and declared by the authority afore- ' ''^ ' ^' saidj and it is hereby enacted and declared, that all lands and tenements within the provinces of Eengal, Bahar, and Orissa, or in any territories in which the receipt and manage- ment of the revenues is or shall be under the immediate administration of the said Uiiited Company, or their servants or agents, not in the actual occujiation of the said United Company, or by them leased or farmed out, in or imme- diately before the year shall be deemed and taken to be the estate and inheritance of the native landholders and families who then had and held the same, unless dispossessed by judgment of some competent Court for some crime or misdemeanor or non-payment of their rent, and shall be from henceforward enjoyed by them and their heirs and descendants, according to the custom of the country of or relating to the same, or where the same is had and held, without any molestation, interruption or disturb- ance whatsoever of or by the said United Company, their Governors, Council, Ministers or servants. S. 20. Provided always, that nothing licrciu contained shall Sgi't's'SEast be construed to deprive the said United Company of the rent pan'y''i'n''TC-' or tribute which shall be due or payable to them from such 'b'utc.serureii. native landholders, their families or descendants, for or on account of any such land, or to prevent the said United Company from having or taking any means, according to the laws and usages of the said countries, for recovering and obtaining payment of such rent or tribute. S. 21 . And for quieting the minds of tbe said native Princes, Triimte fixed ■*■ , ^ 'in certain and preventing the corrupt practices which may arise from '^^^■ arbitrary alterations of rent or tribute : be it enacted by the authority aforesaid, that the rent, tribute, service or payment paid or agreed to be paid by the said native landholders, in the provinces or territories aforesaid, to the said United Com- pany, in or immediately before the year sliall remain and be the fixed and permanent rent, tribute, payment or service wbich shall be payable to the said United 272 APPENDIX. Fox'b In- dia 'Bills, Dispossessed landholdeis to be reinstated in certain cases. Rights of na- tive Princes furnishing contingents, secured. Company by the said native landholderSj their families, heirs and descendants ; and that it shall not be lawful for the Governor-General and Council of Bengal, or the Governor and Council of any other principal Settlement, or the Chief and Council of any subordinate Settlement, or any other ser- vant or agent of the said United Company, to alter such rent, tribute, service or payment upon any pretence whatsoever, or to exact from or impose upon any such native landholder, his family, heirs or descendants, any further or greater rent, tribute, service or payment, or any other charge than is herein provided. S. 22. And be it further enacted by the authority aforesaid, that it shall and may be lawful for the Governor-General and Council of Bengal to restore, and they are hereby authorized and required to restore, to every native landholder, his heirs or descendants, according to the usage of the country, who shall have been removed or dispossessed of his land or tem- tory, the actual possession thereof, upon the rent, tribute, service or payment hereinbefore provided, if such native landholder shall be willing or desirous to repossess his land or territory ; subject, nevertheless, to such farm or leases thereof as shall or may have been made before the . . . and shall be still existing; and if such native landholder shall have quitted or been dispossessed of his land or territory for or upon condition of receiving any pension or appointment in lieu thereof, and shall prefer such pension or appointment, the same shall on no account or upon no pretence be discontinued, withheld, diminished or taken away, but shall be regularly paid to such native land- holder, his family, heirs or descendants, according as the land or territory was held, and to the terms and stipulations made with such native landholder. S. 23. And be it further enacted by the authority aforesaid, that all Native Princes and States in India, who, having the management of their own revenues, are engaged, by treaty or otherwise, to furnish or keep up a body of troops for the defence or service of the said United Company, or to pay APPENDIX. 273 any tribute or sum of nionev iu lieu thereof, or to keep ^o^'^ ^°- 1 1 f-c- r w . * -1 / dia Bills. \ip or pay auy body oi Jt/uglisli troops, or to pay any tribute or sum of money in lieu thereof, or who jiay any tribute or sum of money for the protection of the said United Company, are under the protection of His IMajesty, and shall not be disturbed or molested by any of the servants of the said United Company, in the enjoyment of their rights, according to the laws and usage of the country. S. 24. Aud wheicas some of the servants of the said United ^" oppres- sions of iia- Company have lieretofore committed unwarrantable acts, in coRnSbTety and relative to the territories and revenues of the Native "e'mment. Princes and States under the said United Company's protec- tion ; be it further enacted by the authority aforesaid, that all and every of the servants of the said United Company, civil and military, shall be and are hereby declared to be amenable to the said Commissioners appointed to manage the affairs of the said United Company, and in and to all courts of justice (both in India and in Great Britain) of com- petent jurisdiction to try oflences committed in India, for all acts, injuries, wrongs, oppressions, trespasses, misdemeanors, crimes, and offences whatsoever, by them or any of 'them done or committed in any of the lands or territories of such protected Native Princes or States, or against their persons or properties, or the persons or properties of any of their sub- jects or people ; whether the same were committed under pretence of the order of any Native protected Prince, or otherwise, howsoever, in the manner as if the same had been done or committed ^vithin the territories directly subject to and under the British Government in India. S. 25. And be it fm-ther enacted by the authority aforesaid, company's •^ • ' sen ants not that no civil or military servant in the said United Company's n",esnP„ative Service, or person in the service of His Majesty, shall, by ''"""''• himself, or any agent for him, take upon himself to collect or farm, or be in any way concerned, directly or indirectly, in collecting or farming of any of the revenues of such pro- tected Native Princes or States. S. 26. And be it further enacted by the authority aforesaid, f™n"nys •' J 3 oJncers net T 274 APPENDIX. Pox's In- dia BUIs. to make war without or- ders from Goveruor- GeucraL Native Princes pro- hibited from entering into engage- ments in cer- tain cases. Succession of native Princes to follow laws of the country. Native Princes not to rent land or reside in Company's territories. that if any oflScer, civil or militaiy, of the said United Com- pany, shall invade or make vi'ar upon, or enter with an armed force, in a hostile or offensive manner, any of the territories of the Native Princes or States in India, not under the pro- tection of His Majesty and the said United Company, witli- out express orders in writing from the Governor-General and Council of Bengal, such person, upon conviction thereof iu the Supreme Court of Calcutta, or in any Mayor's Court in any other of the said principal Settlements, or in the Court of King's Bench, or in any other court which shall have jurisdic- tion to try offences committed in India, shall be ... . S. 27. And be it further enacted by the authoi-ity aforesaid, that none of the said protected Native Princes or States shall have any other Native Prince or State dependent upon him or them, any further or otherwise than as such other Native Prince or State shall have stood bound or engaged to such protected Native Prince or State, on or before the year . . for the payment of any sum or sums of monej^, rent or tribute, or for furnishing of supplying some definite quota of troops, which troops shall not be required or called for without the orders of the Governor-General and Council of Bengal, or President and Council of some other principal Settlement. S. 28. And be it further enacted by the authority aforesaid, that the succession of the said protected Native Princes shall be directed and disposed of according to the laws of the coun- tiy, or to such treaties as shall have or contain any stipula^ tion concerning the same ; and that such succession shall not be altered or disposed of by will, or in any other manner, con- trary to the laws of the country and the faith of such treaties. S. 29. And be it further enacted by the authority aforesaid, that such protected Native Princes or States shall not be permitted to rent or take, or have any farm or lease of any lands whatsoever, of or from the said United Company. And be it further enacted by the authority aforesaid, that no such protected Native Prince shall be permitted to reside for more than ... in any of the said United Com- pany's Settlements, unless, being expelled from or driven out APPENDIX. 275 of his dominions, he shall talce refuge in the said United Fox's In- ri } L -L ■ dia Bills. Company s territories. S. 30. iVud be it enacted by the authority aforesaid, that jJ^J™','™^'.' from and after . . it shall not be lawful for any servant, a,;',? cum-"^ civil or militaiy, of the said United Company, to have or vmuVprohi- be engaged in the borrowing or lending of any money, or in any money transaction whatsoever, or in the farming of any lands or revenues, or in the buying or selling of any goods or commodities whatsoever, or in any other transaction of commerce or business whatsoever, with aii}^ such protected or other Native Prince or State; and all such transactions, and all contracts and engagements of or relating to the same, are hereby declared . . . and any person or per- sons guilty of any such offence, and thereof convicted in the manner hereinbefore last mentioned, shall be S. 31. And be it farther enacted by the authority aforesaid, N-itive •^ . . Primps not that it shall not be lawful for the said protected Native Princes to pise A tributes now or States to remove or dispossess any Zemindar, or other Native JaJJIf* °° Prince or landholder, nor to increase his rent or tribute beyond that which was paid by such Zemindar or Native Prince in the year .... nor to farm any land at any higher or greater rent or tribute than the same was farmed at or for in the said year .... nor to resume any jaghire granted at any time bofore the year S. 33. And be it further enacted by the authority aforesaid, z^^^JS^^^^^t'^ that all Zemindars and Native Princes and States, who shall "'= '"""''• have been dispossessed of their lands and territories by . . at any time since . . shall be restored to the possession and enjoyment of the same. S. 33. And be it further enacted by the authority aforesaid, ^S^b," that the Nabob of Arcot, the Rajah of Tanjore, or any other pHncosto 1 TVT ■ -r* • • T T 1 n • i Britisii sub- protected Native Prince in India, shall not assign, mortgage jects void. or pledge any territory or land whatsoever, or the produce or revenue thereof, to any British subject whatsoever ; neither shall it be lawful for any British subject whatsoever to take or receive any such assignment, mortgage or pledge ; and the same are hereby declared . . . and all payments or T 2 2 / APPENDIX. Pox's In- deliveries of produce or revenue, under any such assignment, shall and may be recovered back by such Native Prince pay- ing or delivering the same, from the person or persons receiv- ing the same, or his or their representatives. t^b??eJ^fv"d ^" ^^- ^^^^ ^^ '*" f ; Acts concerning, 222, 223. Canals, &c., 170. Canara, 19. Carnatic ceded, 19. Cavendish, 5. Chancellor, 5. Charles II., Charters granted by, 8, 9, 73, 74. Charters granted, 6, 8, 9, 10, 73, 74, 75. China, trade with, 20, 22. Chittagong, acquired, 15 ; Treaty con- cerning, 141. Christianity in India, Parliamentary papers relating to, 236, 238, 239, 242, 247. Cis-Sutlej Territories annexed, 25. Civil Service, 55. Clive, Lord, administration of, 15. Cochin, relations of, with British Go- vernment, 138 ; Treaties concern- ing, 146, 152. Coffee Planting, Ileports relating to, 240. Coimbatoor, 19. Coinage, Regulations and Acts con- cerning, 191, 192, 196, 202, 203, 204, 206, 208. Collegiate Institutions, 168. Commander-in-Chief, Act concern- ing, 27. Commissioners, Board of, appointed, 18 ; remodelled, 22. Committee nf Inquiry on Indian Affairs and Territories appointed, 16, 17, 234, 235, 242; Secret, of Coui-t of Directors, 33. Companies, Indo-European Trading, enumerated, 4. Company, Bast Indian, charter to, first granted, 6 ; renewed, 6 : amalgamated with "Assada Mer- chants," 7 ; Charter granted by Cromwell, 8 ; renewed by Charles II., 8 ; renewed, 9 ; incorporated with a Competitive Company un- der the title of " General Society trading to East Indies," 10 ; de- signated as "FniteJ Company uf Merchants Trading to East In- dies," and now amalgamated, 11 ; Corporate capacity recognised, 12 ; privileges continued, 14 ; Territo- ries and Revenues guaranteed, 15 ; assumed absolute Government of Bengal, 16 ; Financial Difficulties, 16 ; Privileties continued, 17, 19, 20, 22 ; Military Establishment, 65, 66. Company, Turkey, 5. Contmgents of Native States, num- bers of, 66, 67.'. -. Control, Board of, 18, 28 ; how ad- ministered, 35 ; present Consti- tution of, 36 ; Departments of, 37 ; how conducted, 38. Cornwallis, Lord, Administration of, 18 ; Proclamation of Permanent Settlement of Bengal, 108 ; Treaty with the Nizam, 146. Cotton, cultivation of, 172, et seq. Minute by Governor-General ; Re- turns and Reports relating to, 238, 239, 240. Council, Supreme, constitution of, 46 ; how transact business, 47. Court of Directors, first instituted, 12 ; twenty-four Directors, elec- tion of, 16 ; Appointments vested in, 24, 25 ; Remodelled, 26 ; how administered, 30, et seq. ; Pa- tronage of, 32 ; Business, how transacted, 38 ; Correspondence with, 48. Courts of Justice, civil, 85, 86 ; and criminal, 85 ; Moonsift's, 86 ; Zillah, 87, 88, 89 ; Sudder De- wanny Adawlut, 89 ; Nizamut Adawlut, 93 ; Poujdary Adawlut, 93. Covenanted and Uncovenanted Ser- vices, distinction between, 55 ; List of, 244. Criminal Courts, jurisdictions of, 85. Cromwell, Charter granted by, 8. Customs and Duties, 130 ; Treaties concerning, 162,163,164; Regu- lations and Acts concerning, 191, 192, 193, 194, 195, 197, 200, 208, 210, 211, 219. Cutch, treaties concerning, 152, 157, 169, 164. Cuttaok, 20 ; Acts concerning, 189, 191, 196, 197. 300 INDEX. Dacoits, Special Police for, 95 ; Regulations and Acts concerning, 188, 189, 199, 201, 208, 210. Dalhousie, Lord, Administration of, 25. Debt, Indian, Origin of, 10. Deccan, Boundaries of, 4; under Makratta rule, 14. Delhi, 20 ; Regulation concerning Administration of, 202. Dioceses of Calcutta, Madras, Bom- bay, Establishment of, 20. Directors, Court of, first established, 12 ; twenty-four Directors, elec- tion of, 16 ; Appointments vested in, 24, 25 ; Remodelled, 26 ; present Constitution of, 30: Pa- tronage of, 32 ; Mode of trans- acting Business, 38 ; Correspond- ence with, 48. Doab, Part of the, ceded, 19, 20. Drake, 5. Dudley, Sir Robert, 5. Ecclesiastical Establishment, 69, 70. Educational Institutions, 165; Go- vernment Institutions, 168 ; Pa- pers relating to, 240, 241, 245. Ellenborough, Lord, Administration of, 25. Elphinstone Code, 86. Embassy to Delhi, Mr. Hamilton, 13. Emigration, Acts relating to, 205, 208, 209, 212, 218. Finance, Arrangements of, 16. Port William established, 10. Pox's, Mr., Indian Bills, text of, 17. French, War with, 14. Furruckabad, Treaties concerning, 147, 148. Gaeeisons, composed of, 13. General Court, 34. George I., Charter granted by, 74. George II., Charter granted by, 75, George III., Charter granted by, 75. Ghauts, district of, 19. Golab Sing, Relations with British Government, 138. Government of British India, how begun and modified, 5 ; Parlia- mentary resolution concerning, 16 ; Statutes concerning, 18, 19 ; Natives first employed in, 22 ; Changes in, 22 ; Local govern- ment of, 46. Governor-General, First appointed, 16 ; Powers of, 45, et seq. ; Staff of, 47 ; Appointments made by, 60 ; Salary of, 61. Guicowar, relations of, with British Government, 138 ; Treaties with, 155, 156. Guzerat, 19 ; Treaties concerning, 148, 149. Hailetbuet, Act for abolition of, 28. Hamilton, Mr., Embassy, 13. Hardinge, Lord, Administration of, 25. Hastings, Lord, Administration of, 20. Warren, Administration of, 17. Herat, Treaty concerning, 160. Hindoo Law, 71 ; exceptions respect- ing, 81; codified, 99 ; College, 168 ; Regulations and Acts concerning, 182, 187, 200, 206, 207, 220 ; cor- respondence relating to temples, 239. Hindostan Proper, comprises, 4. Hindostanee language, 68, 73. Holkar, 19 ; relations with British Government, 138 ; Treaties with, 150, 166. Holland, Treaty with, 7, 141 ; Order in Council concerning, 224. Home Government, existing, 30. Hooghly Factory, 8. Hospital, 169. Hyder Ali, 14 ; Treaty with, 144. Hydrabad, Treaty of, 150 ; Regula- tions concerning, 159, 161". Idolatet in India ; Papers relating to the connection of the Govern- ment with, 236, 239, 241. Inams, 122. Indigo, Regulations and Acts respect- ing, 184, 193, 198, 201, 203, 204. Infanticide, Proclamation concern- ing, 169, 162, 164; Regulations and Acts concerning, 184, 187, 189 ; Papers relating to, 239. Insolvent Debtors, Court for relief of, 76. Iron Works, 176. INDEX. 301 Irrigation, Documents relating to, 242. Jaffiee, All Khan, Treaties with, 140, 142. Jhansi, Treaty concerning, 155. " Jumma," definition of, 186. KATTYWAK,Troaty with Ranee of, 143. Kazis, the. Acts concerning, 182, 184, 188. Kolapore, relations with, of British Government, 138. Kotah, Treaty with, 156, 100. Lahore, Treaty of, 25 ; Regulations and Acts concerning, 150, 152, 159, 160, 163. La-Khiraj Lands, 122 ; Regulations and Acts concerning, 182,184, 188, 196, 199, 200. Lancaster, Expedition of, to India, 5. Land Revenue, various systems of Assessment, 105 ; in Bengal, 112 : in North -West Provinces, 113; in Madras, 116 ; in Bombay, 119 ; in the Puniaub, 120 ; lands exempted from, 122 ; Fifth Report of Com- mittee on, 236. Law Commission, appointment of, 24 ; recommendations of, 95, et seq. ; Penal Code prepared by, 238 ; Reports of, 239, 247. Local Administration of India, 45. BIadras, constituted distinct Presi- dency, 8 ; government of, 52 ; Su- preme Court of Judicature of, 83 ; Land Revenue in, 116; Univer- sity, 165; Schools and Colleges, 170; Assessment and Survey of, 247. Mahomedan Dynasties, 4 ; Law, 71, 81 ; Criminal Law codified, 99 ; College at Calcutta, 168 ; Regula- tions and Acts concerning Maho- medans, 182, 185, 186, 200-7. Mahomedanism, Papers relating to the connection of the Government with, 236-9, 241. Mahrattas, war with, 10, 19 ; sub- dued, 20 ; Treaties with, 140, 145, \r,% Alalacca acquired, 20 ; Regulations and Acts concerning, 220, 221, 222, 223. Malwa, Treaty concerning, 153. Marino, Bombay, 68. Blasulipatam, Treaty for cession of, 141. Mayor's Court in Calcutta, establish- ed, 74 ; abolished, 75. JMedical College at Calcutta, 169. Midnapore, acquired, 15 ; Treaty concerning, 141. Military Force, East India Com- pany's Native, (i5 ; European, 66 ; Queen's troops in India, 66 ; Con- tingents of Native States, 66, 67 ; Military Service, rules of admis- sion to, 67, and Appendix C ; Re- gulations and Acts concerning Cantonments and Courts-Martial, 191, 192, 197, 205, 206, 207, 222, 223 ; Articles of War, 210, 211, 220. Mints, established at Bombay, 9 ; Act concerning, 185 ; Returns re- lating to, 248. Missionaries, existing Societies in India, 168 ; Parliamentary Papers relating to, 236, 247, 250 ; Dispatch concerning Memorial of, 248. Mofussil, Regulations and Acts re- lating to the, 206, 207, 212. Mogul, Imperial Fu'man from, 6 ; Pensioned by Great Britain, 20. MoonsiiFs, powers and salaries of, 86 ; Regulations and Acts concerning, 194, 203, 205, 207, 209, 211, 212, 214. Moultan acquired by Nadir Shah, 14. Mutiny of Vellore, 20; of 1857, Papers relating to, 249. Mysore, 19 ; relations with British Government, 138 ; Treaties with, 147, 149, 151, 159. Nadir Suah, 14. Napier (Sir C), correspondence, &c., with Duke of Wellington on state of Indian Army, 249 ; Papers re- lating to Resignation of, 244. Native Princes, Territories of, 3. Native States, Administration of, 135 ; summary of relations with Great Britain, 138 ; total area and Population of, 138 ; list of Trea- ties and engagements with, 140. 302 INDEX. Navy, Indian, 68 ; Act concerning, 216. Nazim, Acts concerning the, 182, 189, 190. Nepaul, acquired, 20 ; relations with British Gfovemment, 138 ; Treaties with, 146, 148, 155, 164 ; Papers relating to War with, 237. Nizam, relations of, with British Go- vernment, 138 ; Treaties with, 146, 147, 148, 149, 158, 159, 164. Non-Regulation Provinces, 1 ; Ap- pointments in, 46. Northern Circars acquired, 15 ; Treaty concerning, 143. North-Western Provinces, Lieute- nant-Governor of, 25, 27 ; Colleges and Schools in, 169 ; Sudder Courts in, 201, 202 ; Act for Settlement of, 209. OpniM Eevenue, 223, et seq. ; Acts concerning, 195, 196, 200, 212, 222 ; Returns relating to, 248. Orders in Council, first regulating trade to East Indies, 7 ; uniting the two Companies, 11 ; list o^ relating to British India, 224. Orissa, Act concerning, 181 ; Civil Government of, 15 ; Treaty con- cerning, 142, 143. Oude, half of Territory ceded, 19 ; finally annexed, 29 ; Treaties con- cerning, 145, 153, 164, 155, 158, 159, 160; Draft of Treaty pro- posed in 1856, Appendix B. Oudeypore, Treaty with, 156. Patna, Treaty concerning, 151. Patronage, Report of Committee on, 236 ; Returns relating to, 243. Patteedary tenure, definition of, 108. Pegu, Conquest of, 25. Pensions to Native Princes first given, 15. Pepper, Treaties relating to, 140, 141, 146. Persia, Treaties with, 148, 151, 152, 153, 154, 158, 169, 160, 161, 164 ; War of 1856, Papers relating to, 248-9. Pindarrees, 19. Pitt, India Bill, 18. Plassey, Battle of, 15. Police, authority of, 92 ; Regulations and Acts concerning, 184, 185, 189, 191, 192, 195, 202, 204, 212, 220 ; Dispatch relating to, in Ben- gal, 248. Poonah, Peishwah of, deposed, 20. Population of British India, 3. Post Office, 132 ; Acts, 205, 214 ; Returns, 240, 241. Presidencies, three British, first or- ganized, 12. Previous Communication, meaning of phrase, 39. Prince of Wales' Island, or Penang, 20 ; Treaty concerning, 145, 146 ; Acts concerning, 220, 221, 222. Printing, Acts concerning, 203, 222. Proprietors, Court of. Constitution of, 34. Provinces, Regulation and Non- Regulation, 1. Puhlic Works, 170; Acts concerning, 184, 190, 192, 201, 211, 216, 218 ; Returns relating to, 241, 243, 250. Punchayat, Constitution of, 88, 94. Qdeda, Treaty for cession of, 148. Queen's Troops in India, 66. Railways, 171 ; Act relating to, 214; Papers relating to, 239, 248, 249. Rajpoot States, Relations with Bri- tish Government, 138. Regulations for Admission to Indian Services, Appendix C. Requests, Court of, 75. Residencies in Native States, 2, 138. Revenue, existing system of, 104 ; Sources of, 104 ; Collection of, 105 ; Boards of, 105; Opium, 123, et seq. ; Salt, 127 ; Customs' duties, 130; Subsidies from Native States, 130 ; other sources, 132 ; Annual accounts of, 236, et seq. Rewah, Treaties with, 154. , Roads, 171. Rohilcund, 19 ; Treaty with Ro- hillas, 147. Roman Catholics, three Bishops and seventy-eight Priests ; Salaries of, 70 ; Parliamentary Papers re- lating to, 236; Treaties, Acts and Ordinances relating to, 240. Runjeet Singh, defeated, 21 ; Treaty with, 160, 238. INDEX. 303 Eyotwar tenure, definition of, 112. Salames of first Civil Servants, 12 ; of MoonsiiFs, 87 ; of Directors of Bast India Company, 34 ; of Pre- sidents of Board of Control, 38 Ecclesiastical, 70 ; of Governor- General and Members of Council, 51 ; of Judges of Sudder Courts. 91. Saltpetre, Treaties relating to, 140 Acts concerning, 193, 215, 218. Salt, Revenues, 127 ; Agencies, 128 Acts concerning, 188, 197, 199, 203, 205, 208, 210, 212 ; Report on monopoly of, 238.. Sanskrit College, 168. Sattara, lapsed, 25 ; Treaty concern- ing, 157 ; Proclamation by Eajah of, 162 ; Papers relating to, 240, 242, 245. Saugur, Treaty concerning, 156, 157 ; Act concerning, 187. Sayer, Acts concerning, 182, 192. Schools, Statistical table of, 167 ; connected with Missionary So- cieties, 168. Secret Committee, 23 ; Constitution of, 33. Sepoys first employed by E. I. Com- pany, 13. Seringapatam, 19. Shujah-al-Dowlah, Treaty with, 143, 144. Siam, Treaty with, 158. Sinde, acquired by Nadir Shah, 14 : conquered by British, 25 ; Treaty with, 140, 141 ; Acts concerning, 152, 157, 160, 161 ; Correspond- ence relating to Treaties with Ameers, 239. Sindia, 19 ; Relations with, 138 ; Treaties with, 149, 150, 155, 156. Singapore, purchased, 21 ; Acts con- cerning, 220, 221, 222, 223. Sirhind, Treaty with, 152, 153. Slave Trade, Treaties concerning, 156, 157 ; Agreements for abo- lition of African, 163, 164, 192, 202. Somnauth, Proclamation relating to the Gates of, 239. Stamps, Revenue, 131. St. Helena, 24. Statistical Papers, 241. Steam Communication with India, Papers relating to, 238. Straits Settlements, formed, 21 ; Act concerning, 217, 223. Subordinate Governments, Madras, Bombay, North-West Provinces, 51, et sea. Subsidies from Native States, 1 30. Sudder Courts, Regulations and Acts concerning, 201, 202, 206, 207, 211, 216 ; Dewanny Adawhit, 89, 182, et seq. ; Nizamut Adawlut, 93, 186, et seq. ; Foujdarry Adawlut, 93. Sugar, Acts concerning, 204, 207 ; Reports relating to, 240. Supreme Council, 45. Supreme Courts, 16 ; Jurisdiction of, 75 ; Law administered by, 80 ; Courts of Madras or Bombay, 83- 85. Surat, Factory established at, 6 ; Treaty relating to, 141, 147. Survey of India ; Papers relating to, 241. Suttee, Treaty concerning, 161, 162 ; Acts concerning, 201 ; Papers re- lating to, 237. Tanjoke, 19 ; Treaty concerning, 144, 146, 147. Teignmouth, Lord; Administration of, 19. Telegraphs, 171 ; Act concerning, 216. Territories of Native Princes under British protection, 1 ; Law con- cerning, 71. Thugs, special police for, 95 ; Acts concei-ning, 204, 205, 208, 209, 210. Tinnevelly, Treaty concerning, 148. Tippoo Saib's powers reduced, 19 ; Treaties with, 145, 146. Transportation of criminals, 7; Regulations and Acts concerning, 192, 193, 200, 218. Travancore, relations of, with British Government, 138; Treaties with Rajah of, 146, 147, 150. Turkey Company, 6. Umcovenanted Civil Service, 62. I Universities, 165. 304 INDEX. Vellobe mutiny ; Note, page 20. Village communities, definition of, 106. Wabds, Court of ; Begulations and Acts concerning, 182, 183, 185, 186, 188, 197, 218. WeUesley, Lord, Administration of, 19. YAiTDABn, Treaty of, 21. Zemiitdar, Definition of, 106 ; Begi - lation concerning, 191. Zemindary tenure. Definition of, 111. ZiUah Courts and .Judges, powers of, 87, 88, 89 ; Regulations and Acts concerning, 181, 183, 185, 189, 190, 194, 195, 190, 199, 200, 201, 202, 203, 204, 205, 208, 211. Wnoilfall ami Kimlrr, Printers, An^cl Court, Skinner street, t,nnilon.