Page:Ruffhead - The Statutes at Large - vol 11.djvu/861

A. D. 1773. the Time of their Appointment, be resident in India, shall commence and take Place from and after their respectively taking upon them the Execution of their Office as aforesaid; and that all such Salaries to such Governor-general and Council, and of such Chief Justice and Judges, shall be in lieu of all Fees of Office, Perquisites, Emoluments, and Advantages, whatsoever; and that no Fees of Office, Perquisites, Emoluments, or Advantages whatsoever, shall be accepted, received, or taken by such Governor-general and Council, or by such Chief Justice and Judges, as aforesaid, or any of them, in any Manner, or on any Account or Pretence whatsoever, other than such Salaries and Allowances as are in and by this Act directed to be paid to them respectively.

XXIII. And be it further enacted by the Authority aforesaid, That no Governor-general, or any of the Council of the said United Company’s Presidency of Fort William in Bengal, or any Chief Justice, or any of the Judges of the Supreme Court of Judicature at Fort William aforesaid, shall, directly, or indirectly, by themselves, or by any other Person or Persons for his or their Use, or on his or their Behalf accept, receive, or take, of or from any Person or Persons, in any Manner, or on any Account whatsoever, any Present, Gift, Donation, Gratuity, or Reward, pecuniary or otherwise, or any Promise or Engagement for any Present, Gift, Donation, Gratuity, or Reward; and that no Governor-general, or any of the said Council, or any Chief Justice or Judge of the said Court, shall carry on, be concerned in, or have any Dealing or Transactions, by way of Traffick or Commerce of any Kind whatsoever, either for his or their Use or Benefit, Profit or Advantage, or for the Benefit or Advantage of any other Person or Persons whatsoever, (the Trade and Commerce of the said United Company only excepted); any Usage or Custom to the Contrary thereof in anywise notwithstanding.

XXIV. And be it further enacted by the Authority aforesaid, That from and after the First Day of August, One thousand seven hundred and seventy-four, no Person holding or exercising any Civil or Military Office under the Crown, or the said United Company in the East Indies, shall 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, Gratuity, 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 if any Person, holding or exercising any such Civil or Military Office, shall be guilty of any such Offence, and shall be thereof legally convicted in such Supreme Court at Calcutta, or in the Mayor’s Court in any other of the said United Company’s Settlements where such Offence shall have been committed; every such Person so convicted, shall forfeit Double the Value of such Present, Gift, Donation, Gratuity, or Reward, so taken and received; One Moiety of which Forfeiture shall be to the said United Company, and the other Moiety to him or them who shall inform or prosecute for the same; and also shall and may be sent to England, by the Order of the Governor and Council of the Presidency or Settlement where the Offender shall be convicted, unless such Person so convicted shall give sufficient Security to remove him themselves within Twelve Months after such Conviction.

XXV. Provided always, and be it further enacted by the Authority aforesaid, That nothing herein contained shall extend or be construed to extend, to prohibit or prevent any Person or Persons who shall carry on, or exercise the Profession of a Counsellor at Law, a Physician, or a Surgeon, or being a Chaplain, from accepting, taking, or receiving any Fees, Gratuities, or Rewards, in the Way of their Profession.

XXVI. And it is hereby further enacted by the Authority aforesaid, That every such Present, Gift, Gratuity, Donation, or Reward, accepted, taken, or received, and all such Dealing or Transaction, by way of Traffick or Commerce, of any Kind whatsoever, carried on, contrary to the true Intent and Meaning of this Act, shall be deemed and construed to have been received, taken, had, and done, to and for the sole Use of the said United Company; and that the said United Company, upon waiving all Penalties and Forfeitures, shall and may sue and prosecute for the Recovery of the same, or the full Value of such Present or Gift, or the Profits of such Trade respectively, together with Interest, at the Rate of Five Pounds per Centum per Annum, from the Time of such Present, Gift, Gratuity, Donation, or Reward, being received, or of such Dealing or Transaction, by way of Traffick or Commerce, as aforesaid, by Action, for Money had and received to the Use of the said Company.

XXVII. And be it further enacted by the Authority aforesaid, That from and after the First Day of August, One thousand seven hundred and Seventy-four, it shall not be lawful for any Collector, Supervisor, or any other of his Majesty’s Subjects, employed or concerned in the Collection of the Revenues, or the Administration of Justice, in the Provinces of Bengal, Bahar, or Orissa, or their Agents or Servants, or any Person or Persons in Trust for them, to buy any Goods, Wares, Merchandise, or other Commodities whatsoever, by way of Traffick or Trade, at any Place within the Provinces of Bengal, Bahar, and Orissa, and to sell the same again, or any Part thereof, at the Place where he or they bought the same, or at any other Place within the said Provinces respectively; and it shall not be lawful for any of his Majesty’s Subjects in the said Provinces, to engage, intermeddle, or be any way concerned, directly or indirectly, in the Inland Trade, in Salt, Beetlenut, Tobacco, or Rice, except on the Account of the said United Company, on Pain of forfeiting all such Goods or Commodities which he shall so buy and sell again, by way of Traffick, or in which he shall so trade; and also Treble the Value thereof; One Moiety to the said United Company, and the other Moiety to him or them who will sue for the same, in the said Supreme Court; and every such Person, on Conviction, shall, more- over,