Page:Ruffhead - The Statutes at Large - vol 11.djvu/860

818 such Debt, or Cause of Action or Complaint, shall have arisen, have been employed by, or shall then have been, directly or indirectly, in the Service of the said United Company, or of any of His Majesty’s Subjects.

XV. Provided also, That the said Court shall not be competent to hear, try, or determine, any Indictment or Information against the said Governor-general, or any of the said Council for the Time being, for any Offence (not being Treason or Felony) which such Governor-general, or any of the said Council, shall or may be charged with having committed in Bengal, Bahar, and Orissa.

XVI. Provided also, and be it enacted, That the said saidsaid [sic] Supreme Court shall hear and determine any Suits or Actions whatsoever of any of His Majesty’s Subjects, against any Inhabitant of India residing in any of the said Kingdoms or Provinces of Bengal, Bahar, or Orissa, or any of them, upon any Contract or Agreement in Writing entered into by any of the said Inhabitants with any of His Majesty’s said Subjects, where the Cause of Action shall exceed the Sum of Five hundred Current Rupees; and where the said Inhabitant shall have agreed in the said Contract, that, in case of Dispute, the Matter shall be heard and determined in the said Supreme Court; and all such Suits or Actions may be brought, in the First Instance, before the said Court, or by Appeal from the Sentence of any of the Courts established in the said Provinces, or any of them.

XVII. And it is hereby further enacted and provided, That nothing in this Act shall extend to subject the Person of the Governor-general, or of any of the said Council or Chief Justice and Judges respectively for the Time being, to be arrested or imprisoned upon any Action, Suit, or Proceeding, in the said Court.

XVIII. And be it further enacted by the Authority aforesaid, That it shall and may be directed, in and by the said new Charter which His Majesty is herein-before impowered to grant, that in case any Person or Persons whatsoever shall think himself, herself, or themselves aggrieved by any Judgement or Determination of the said Supreme Court of Judicature, to be established as aforesaid, he, she, or they, shall and may appeal from such Judgement or Determination of His Majesty in Council, His Heirs or Successors, within such Time, in such Manner, and in such Cases, and on such Security, as His Majesty, in His said Charter, shall judge proper and reasonable to be appointed and prescribed.

XIX. And be it further enacted by the Authority aforesaid, That so much of the said Charter, granted by His said late Majesty, as respects or relates to the Establishment of the Mayor’s Court at Calcutta aforesaid, in Bengal, or to the Civil, Criminal, or Ecclesiastical Jurisdiction thereof, in the said United Company’s Settlement there, or the Subordinates thereunto belonging, in case a new Charter shall be granted by His Majesty in pursuance of this Act, and shall be openly published at Fort William aforesaid, from and immediately after such Publication, shall cease, determine, and be absolutely void, to all Intents and Purposes: But nevertheless, the said Charter, so granted by His said late Majesty, shall, in all other Respects, and as for and concerning all or any other of the said Company’s principal Presidencies or Settlements to which the same relates, or to any Factories or Places now or hereafter to be subordinate to such principal Settlements, continue, be, and remain in full Force and Virtue, according to the true Intent and Meaning thereof, and that as fully and effectually, to all Intents and Purposes whatsoever, as if this Act had never been made, or such new Charter as aforesaid should never have been granted.

XX. And be it further enacted by the Authority aforesaid, That all the Records, Muniments, and Proceedings whatsoever, of and belonging to the said Mayor’s Court at Calcutta aforesaid, or to the Courts of Oyer and Terminer and Gaol Delivery at Fort William aforesaid, established by the said Charter of His said late Majesty, shall, from and immediately after such Court of Judicature, which His Majesty is herein-before impowered to erect, shall be established at Fort William as aforesaid, be delivered over, preserved, and deposited for safe Custody, in the said new Court of Judicature, to which all Parties concerned shall and may resort and have Recourse, upon Application to the said Court.

XXI. And be it further enacted by the Authority aforesaid, That during such Time as the Territorial Acquisitions shall remain in the Possession of the said Company, the Court of Directors of the said United Company shall, and they are hereby required to direct, and cause to be paid, certain and established Salaries to the Governor-general, and to each of the Council of the said United Company’s Presidency of Fort William in Bengal, and to the Chief Justice and each of the Judges of such Supreme Court of Judicature at Fort William, as shall be by the said new Charter established; (that is to say), To the Governor-general Twenty-five thousand Pounds by the Year, and to each of the Council of the said United Company’s Presidency of Fort William in Bengal Ten thousand Pounds by Year; and to the Chief Justice Eight thousand Pounds by the Year; and to each of the Judges of the said Supreme Court of Judicature, at Fort William, Six thousand Pounds by the Year: And that such Salaries shall be paid and payable to each and every of them respectively for the Time being out of the said Territorial Acquisitions in the Kingdoms of Bengal, Bahar, and Orissa.

XXII. And be it further enacted by the Authority aforesaid, That the Salaries of such Governor-general and Council, and of such Chief Justice and Judges, of such Supreme Court of Judicature as aforesaid, shall take place and commence in respect to all such Persons who shall be resident in Great Britain at the Time of their Appointment, upon, and from the Day on which such Person shall embark from Great Britain; and that the Salaries of all such Persons who shall, at the