A. D. 1793.
V
Anno tricefimo tertio GEORGII III.
C. 52.
365
The Court may
hall be proceeded against and punished as fuch, under and by virtue of this Act, and the Offender fhall allo forfeit to the King's Majefty, his Heirs and Succeffors, the whole Gift or Prefent fo received, or the full
thereof. II. Provided always, and be it further enacted, That the Court or Jurifdiction before whom any fich Offence thall be tried fhall have full Power and Authority to direct the faid Prefent or Gift, or any Part thereof, to be restored to the Party who gave the fame, or to order the Whole, or any Part thereof, restored, and or of any Fine which the Court fhall fet on the Offender, to be paid or given to the Prosecutor or Informer, the Profecutor. as fuch Court in its Difcretion fhall think fit.
order Gifts to bể
Fines to be given
Law, &c. may
Neglect to exe cute the Orders of the Director,
LXIV. Provided always, and be it enacted, That nothing herein contained fhall extend, or be conftrued Counsellors at to extend, to prohibit or prevent any Perfon exercifing the Profeffion of Counsellor at Law, Phyfician, or take Fees in Surgeon, or any Chaplain, from accepting, taking, or receiving Fees, Gratuities, or Rewards (bonâ fide) their Profeflions. in the Way of his Profeffion only.
LXV. And be it further enacted, That the wilful difobeying, or the wilfully omitting, forbearing, or neglecting to execute the Orders or, Inftructions of the Court of Directors of the faid Company, by any Governor General, Governor, Prefident, Counsellor, or Commander in Chief, or by any other of the Oficers or Servants of the faid United Company in the East Indies, (unlefs in Cafes of Neccility, the Bur- then of the Proof of which Neceffity thall lie on the Party fo difobeying, or omitting or forbearing to exe- cute fuch Orders and Inftructions as aforefaid,) and every wilful Breach of the Truft and Duty of any Of- fice or Employment, by any fuch Governor General, Governor, Prefident, Counsellor, or Commander in Chief, or by any of the Officers or Servants of the faid United Company in the Eaft Indies, fhall be deemed and taken to be a Mifdemeanor at Law, and fhall or may be proceeded againft and punished as fuch by virtue of this Act.
&c. to be deem- ed a Misde-
meanor }
as alfo any cor. rupt Barg in for giving up or ob- taining any Em- ployment. His Majesty's Subjects ame- nable to Courts of Justice in India
tain for Offences
No Adion to be stayed without the Approbation of the Board.
LXVI. And be it further enacted, That the making or entering into, or being a Party to any corrupt Bargain or Contract, for the giving up, or for obtaining, or in any other Manner touching or concerning the Truft and Duty of any Office or Employment under the Crown, or the faid United Company, in the East Indies, by any British Subject whomfoever there refident, fhall be deemed and taken to be a Misde- meanor at Law, and thall be proceeded against and profecuted as fuch by virtue of this A&t.
LXVII. And be it further enacted, That all his Majefty's Subjects, as well Servants of the faid United Company as others, fhall be and are hereby declared to be amenable to all Courts of Juftice, both in India and Great Britain, of competent Jurifdiction to try Offences committed in India, for all Acts, Injuries, Wrongs, Oppreffions, Trefpaffes, Mifdemeanors, Offences, and Crimes whatever, by them or any of them and Great Bi- done or to be done or committed in any of the Lands or Territories of any Native Prince or State, or against in the Territo their Perfons or Properties, or the Perfons or Properties of any of their Subjects or People, in the fame ties of Native Manner as if the fame had been done or committed within the Territories directly subject to and under the Princes. British Government in India.
LXVIII. And be it further enacted, That it fhall not be lawful for the faid United Company, or for any of their Officers or Servants, or for the Court of Directors of the faid 'Company, to difcontinue, ftay, or compound, or settle or agree any Actions or Suits at Law or Equity, now depending or hereafter to be commenced, before a final Decree or Judgement fhall be obtained or given therein, unlefs by and with the Approbation of the Board of Commiffioners for the Affairs of India, for that Purpose, in Writing, first had and obtained; and that all Compositions and Agreements made for any of the Purposes aforefaid, by the Court of Directors of the faid Company, with the Approbation of the faid Board, fhall be valid and effec- tual in that Behalf, any Thing herein or in any other Act or Acts contained to the contrary notwith- tanding.
LXIX. And be it further enacted, That after Sentence or Judgement of any Court having corapetent Jurifdiction, whether in Great Britain or in India, against any Governor General, Governor, Prefident, Counsellor, or Commander in Chief, or against any of the faid United Company's Servants, Civil or Mi- Itary, for any Debts or Penalty due or belonging to the faid United Company, or for any Extortion or other Mifdemeanor, it fhall not be lawful for the faid United Company, in any Cafe whatever, to release or com- round fuch Sentence or Judgement, or to restore any Servant or Servants of the said Company who fhall have been removed or difmifled from his or their Office or Employment for or on Account of Misbehaviour, by the Sentence of any of the faid Courts.
Company not to release Sene
nerv difmiffed by Sentences.
tences or re-
Servants
of a Member of
5 Years
LXX. And be it further enacted, That no Perfon who fhall have held any Civil or Military Station No Perfon un whatever in India, in the Service of the faid United Company, being under the Rank or Degree of a Mem- der the Degree ber of Council, or Commander in Chief of the Forces, and who, having departed froin India by Leave of Council or Com the Governor General in Council, or Governor in Council, fhall not return to India within the Space of mander in Chief, five Years next after fuch Departure, fhall be entitled to any Rank or Restoration of Office, or be capable who shall not of again ferving in India, either in the European or Native Corps of 'Troops, or in the Civil Line of the return to India Company's Service, unlefs in the Cafe of any Civil Servant of the Company, it fhall be proved to the Sa- within s tisfaction of the Court of Directors, that fuch Abfence was occafioned by Sickness or Infirmity, or unless fuch Person be permitted to return with his Rank to India by a Vote or Resolution paffed by Way of Bal- be entitled to lot, by three Parts in four of the Proprietors affembled in General Court, fpecially convened for that Pur- Rank, &c ex• pole, whereof eight Days previous Notice of the Time and Purpofe of fuch Merting fhall be given in The cept as herein London Gazette, or unlefs, in the Cafe of any Military Officer, it fhall be proved to the Satisfaction of the provided. Laid Court of Directors, and the Board of Commiffioners for the Affairs of India, that such Absence was uccafioned by Sicknefs or Infirmity, or fome inevitable Accident.
from his Leave to depart, fhall
LXXI. And be it further enacted by the Authority aforefaid, That the faid United Company of Mer. The Company chauts of England trading to the Eaft Indies, and their Succeffors, fhall have, ufe, and enjoy, and fhall to enjoy excles'
continue
+