Page:Ruffhead - The Statutes at Large - vol 11.djvu/864

 822 C. 63. Anno decimo tertio Georgii III. A. D. 1773. Difallowance thereof, as aforefaid, that then, and in that Cafe, all fuch Rules, Ordinances, and Re¬ gulations, (hall be valid and effcdtual, and have full Force. Cown#*fene- XXXV11I. And be it further enafied by the Authority aforefaid, That the Governor-general and d u°iunU 10 Council for the Time being of the faid United Company’s Settlement at Fort William aforefaid, and of Peace* ** the Chief Juftice and other Judges of the faid Supreme Court of Judicature, (hall and may, and they Peace for the faid Settlement, and for the feveral Settlements and Fa&osies fubordinate thereto ; and to do and tranfaft all Matters and Things which to the Office of a Juftice or Juftices of the Peace do be¬ long and appertain ; and for that Purpofe the faid Governor-general and Council are hereby authorised and impowered to hold Quarter-feflions within the faid Settlement of Fort William aforefaid, Four Times in every Year, and the fame (hall be at all Times a Court of Record. If the Governor- XXXIX. And be it further ena&cd by the Authority aforefaid, That if any Governor-general,, dent ftc.com- Pre^ent> or Governor, or Council of any of the faid Company’s Principal or other Settlements in aii” Offe*ee»,tfee India, or the Chief Juftice, or any of the Judges of the faid Supreme Court of Judicature, to be by fame may be the faid new Charter eftablifhed, or of any other Court in any of the faid United Company’s Settle- trkd and deter- ments, or any other Perfon or Perfons who now are, or heretofore have been employed by or jn the. cinCdfKiC' Service of the faid United Company, in any Civil or Military Station, Office, or Capacity, or who Bench? Kan*§ have or claim, or heretofore have had or claimed, any Power or Authority, or Jurifdi<SHon, by or Offence againft this A£l, or (hall have been, or (hall be guilty of, any Crime, Mildemeanour, or Of¬ fence, committed againft any of His Majefty’s Subje&s, or any of the Inhabitants of India within their refpe&ive Turifdidions, all fuch Crimes, Offences, and Mifdemeanours, may be refpcfiively en¬ quired of, heard, tried, and determined in His Majefty’s Court of Kings Bench, and all fuch Perfons lo offending, and not having been before tried for the fame Offence in India, (hall, on Convidlion, in any fuch Cafe as is not otherwife fpecially provided for by this Adi, be liable to fuch Fine or Cor¬ poral Punifhment as the faid Court (hall think fit ; and moreover (ball be liable, at the Difcretioiv of the faid Court, to be adjudged to be incapable of ferving the faid United Company in any Of¬ fice, Civil or Military ; and all and every fuch Crimes, Offences, and Mifdemeanours, as afore¬ faid, may be alledged to be committed, and may be laid, enquired of, and tried in the County of Aliddlefexm	#	# ^ Manner of Pro-	XL. And whereas the Provifions made by former Laws for the hearing and determining in England cedure in Cafe* Offences committed in India have been found ineffe&ual, by reafon of the Difficulty of proving in this and^formau- Kingdom Matters done there ; be it further ena&ed by the Authority aforefaid, That in all Cafes of ?ns U?d7n the Indi&ments or Informations, laid or exhibited in the faid Court of King's Bench% for Mifdemeanoura Kind's Bench, or Offences committed in India, it (hall and may be lawful for His Majefty’s faid Court, upon Motion to be made on Behalf of the Profecutor, or of the Defendant or Defendants, to award a Writ or Writs of Mandamus, requiring the Chief Juftice and Judges of the faid Supreme Court of Judica^ ture for the Time being, or the Judges of the Mayor’s Court at Madraft, Bohilay, or Bencoolen, as the Cafe may require, who are hereby refpeclively authorifed and required accordingly to hold a Court, with all convenient Speed, for the Examination of Witneflls, and receiving other Proofs* concerning the Matters charged in fuch Indi&ments or Informations refpedtively ; and, in the mean Time, to caufe fuch publick Notice to be given of the holding the faid Court, and to iffue fuch Summons or other Procefs, as may be requifite for the Attendance cf Witneffes, and of the Agents or Coun&l, of all or any of the Parties iefpedlive)y, and to adjourn, from Time to Time., as Occafion may require ; and fuch Examination as aforeLid (hall be then and tjurre openlv and of (kilful Interpreters, adminiftcred according to the Forms of their feveral Religions; and (hall, by t	£bme fworn Officer of fuch Court, be reduced into Ore or more Writing or Writings on Parchment* in cafe any Duplicate or Duplicates (hould be required by or on Behalf of any of the Parties, interefted, and (hall be fent to His Majefty, in His Court of Kings Bench, elofed up,' and under the Seals of Two or more of the Judges of the faid Court, and One or more of the faid Judges- (hall deliver the fame to the Agent or Agents of the Paity or Parties lequiring the fame y which (aid¬ . Agent or Agents, (or, in cafe of his or their Death, the Perfon into whofe Hands the fame (halt come), (hail deliver the fame to One of the Clerks in Court of His Majefty’s Court of King's Bench, In the publick. Office, and make Oath that he received the kme from the Hands of One or more c#f the Judges of fuch Court in India, (or if fuch Agent be dead, in what Manner the fame came into his Hands) ; and that the fame has not been opened, or al.ered, fince he fo received it, (which faid Oath fuch Clerk in Court is hereby authorifed and r:qu rcd to adminiilei): And fuch Depofitions, being duly taken and returned, according to the tiue Intent and Meaning of this A£l, ihall be allowed and read, and (hall be deened as good and competent Evtdence as if fuch Witnefs had been prclent^ and fworn and txamined viva voce at any Trial for fuch Crimes or Mifdemeanors, as aforefaid, in HE Majefty’s faid Court of King s Bench, any Law or Lfagc to the Contrary notvvithftanding j snJ all Parties concerned (hall be intitled to take Copies of fuch Depofuions at their own Cofts- ©ffencf* agtsinft aud Charges. ^	..... this A6 com- XL!. And be it further ena£Ud by the Authority aforefaid, That in cafe the faid Chief Juftice,. mtKd by the or Judges of the faid Supreme Court of Judicature, or any of them, for the Time being, (hall com- w* [Jtn n>‘t any Gftente i gainii this A£y or be guilty of any corrupt Practice, or other Crime, OffcntcS or urnTne!i°by ihc"Mildemeanour, in the Execution of their rtfptclive Offices, it (hall and may be lawful for His* Ma¬ c. :rt of Kin** jelly’s faid Court of King's Bench in England, upon an information or Indictment laid or exhibited in •	the Dig . id by Google
 * are hereby refpedtively declared to be, and to have full Power and Authority to a£t as Juftices of the
 * from the faid United Company, or any of His Majefty’s Subjects refiding in India, (hall commit any
 * publickly taken viva voce in the faid Court, upon the refpe<3ive Oaths of Witnefies, and the Oaths