6

every

'be paid certain and established Salaries to the Chief Justice and
' each of the Judges of such Supreme Court of Judicature at
Bombay as should be by the said new Charter established; that
is to say, to the Chief Justice Fifty two thousand two hundred
Bombay Rupees by the Year, and to each of the Puisne Judges
of the said Supreme Court of Judicature at Bombay Forty three
thousand five hundred Bombay Rupees by the Year; and that
such Salaries should be paid and payable to each and
of
them respectively out of the Territorial Revenues of the said ·
• Settlement of Bombay: And Whereas His said Majesty King
George the Fourth, by His Letters Patent under the Great Seal
of the United Kingdom of Great Britain and Ireland, bearing.
• Date at Westminster the Eighth Day of December in the Fourth
Year of His Reign, did erect and establish such Supreme Court
of Judicature at Bombay accordingly, and did grant and declare
that the Chief Justice and Puisne Judges of the said Court
should, so long as they should hold their Offices respectively,
be entitled to have and receive respectively the Salaries in the
said last mentioned Act provided for that Purpose:
And
'Whereas His late Majesty King George the Third did, by His
Letters Patent bearing Date at Westminster the Twenty fifth
Day of March in the Forty seventh Year of His Reign, for him-
self, His Heirs and Successors, give and grant unto the said
United Company and their Successors, and did direct, ordain
and appoint, that there should be within the Factory of Prince
of Wales Island, and the Places then or any Time to be subor-
dinate or annexed thereto, a Court of Record, to be called
"The Court of Judicature of Prince of Wales Island," and did
thereby erect, create and constitute the said Court of Judica-
ture of Prince of Wales Island to be a Court of Record; and
His said late Majesty did, by His said Letters Patent, further
will, ordain and appoint that the said Court of Judicature
'should consist of and be holden before the Governor or President
and the Three Counsellors of the said Factory for the Time
being, as Four of the Judges of the said Court, and before
one other Judge, to be called "The Recorder of the Prince of
Wales Island," and which Recorder of Prince of Wales Island
it is ordained should be a Barrister in England or Ireland, of
• not less than Five Years' standing, to be named and appointed
from time to time by His said Majesty, His Heirs and Successors,
by Letters Patent under the great Seal of the United Kingdom
• of Great Britain and Ireland; and His said Majesty did thereby
further direct, that the said Recorder of Prince of Wales Island
should hold his Office during the Pleasure of His said Majesty,
His Heirs and Successors, and did further direct, ordain and
appoint, that it should and might be lawful to and for the said
Recorder of Prince of Wales Island to receive from the said
United Company a Salary equal to the yearly Sum of Three
thousand Pounds Money current in that Part of the United
Kingdom called England, to be calculated at the Exchange of
Five Shillings of the said lawful Money for every Dollar current

6

' within the said Factory: And Whereas by an Act made and 53 G.3. c.155. passed in the Fifty third Year of the Reign of His late Majesty

King George the Third, intituled An Act for continuing in the

I i4

• East

3 49.

Salaries to Judges at Madras,

6

East India Company for a further Term the Possession of the 'British Territories in India, together with certain exclusive Privileges, for establishing further Regulations for the Government of the said Territories, and the better Administration of Justice • within the same, and for regulating the Trade to and from the Places within the Limits of the said Company's Charter, it is amongst other Things enacted, that in case it should please His Majesty, by His Royal Letters Patent under the Great Seal of the said United Kingdom, to erect, found and constitute One Bishoprick for the whole of the said British Territories in the East Indies and Parts aforesaid, and from time to time to nominate and appoint (a Bishop, the Court of Directors of the said Company, during such Time as the said Territorial Acquisitions should remain in the Possession of the said Company, should and they were thereby required to direct and cause to be paid a certain established Salary from and out of the Revenues of the said Presidency of Fort William in Bengal, to 'the said Bishop, of Five thousand Pounds by the Year, at an Exchange of Two Shillings for the Bengal current Rupee: And Whereas His said late Majesty King George the Third did, by His Letters Patent bearing Date at Westminster the Second Day of May One thousand eight hundred and fourteen, in the Fifty fourth Year of His Reign, erect, found and constitute such Bishoprick accordingly: And Whereas it is deemed expedient. to make further and different Provisions for the Payment of the Salaries of the Judges of the said Supreme Courts of Judicature at • Madras and Bombay respectively, and to make Provision for the Payment to any of the Puisne Judges of the said Supreme Courts of Judicature at Fort William in Bengal and at Madras and Bombay respectively, who, during the Vacancy of the Office of Chief Justice in any of the said Courts, shall execute and discharge the Duties of Chief Justice, of the Salary of the Office of Chief Justice, in lieu of that of Puisne Judge, in respect of the Time during which such Puisne Judge shall so execute and discharge the Office of Chief Justice; and it is also expedient to make further Provision for all such Chief Justices, Bishops, Judges and Recorders respectively, so as that the Acceptance of such Offices respectively shall not be the Occasion of actual 'Loss to their Representatives in the Event of the Death of any such Chief Justices, Bishops, Judges or Recorders respectively having taken place or hereafter taking place after their Arrival in India ;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Court of Directors of the said United Company shall and they are hereby required to direct and cause to be paid to the Chief Justices and each of the Puisne Judges of the said Supreme Court of Judicature at Madras, in lieu and stead of the Salaries paid or payable to them respectively under or by virtue of the said recited Acts of the Thirty ninth and Fortieth Years of His late Majesty's Reign, in like Manner, and subject to the same Regulations and Provisions as the said Salaries have been heretofore or are now paid and payable, and not otherwise, the

Salaries

Salaries hereinafter mentioned; that is to say, to the Chief Justice of the said Supreme Court of Judicature at Madras, the Sum of Fifty eight thousand Madras Rupees by the Year, to be computed from the First Day of January One thousand eight hundred and eighteen, to the Time of the passing of this Act, and from thenceforth a Salary after the Rate of Sixty thousand Madras Rupees by the Year; and to each of the Puisne Judges of the said last mentioned Court a Salary after the Rate of Forty eight thousand Madras Rupees by the Year, [to be computed from the said First Day of January One thousand eight hundred and eighteen to the Time of the passing of this Act, and from thenceforth a Salary after the Rate of Fifty thousand Madras Rupees out of what by the Year;] and that such Salaries shall be paid and payable Fund. to each and every of them respectively, out of the Territorial Revenues of the said Settlement of Madras.

Judges at
Bombay;

II. And be it further enacted, That the Court of Directors of Salaries to the said United Company shall and they are hereby required to direct and cause to be paid to the Chief Justice and each of the Puisne Judges of the said Supreme Court of Judicature at Bombay, in lieu and instead of the Salaries paid or payable to them respectively under or by virtue of the said recited Act of the Fourth Year of His present Majesty, in like Manner and subject to the same Regulations and Provisions as the said Salaries have been heretofore or are now paid or payable, and not otherwise, the Salaries hereinafter mentioned; that is to say, to the Chief Justice of the said Supreme Court of Judicature at Bombay a Salary after the Rate of Fifty eight thousand Bombay Rupees by the year, to be computed from the Eighth Day of May One thousand eight hundred and twenty four, to the Time of the passing of this Act, and from thenceforth a Salary after the Rate of Sixty thousand Bombay Rupees by the Year; and to each of the Puisne Judges of the said last mentioned Court the Sum of Forty eight thousand Bombay Rupees by the Year, to be computed from the said Eighth Day of May One thousand eight hundred and twenty four, to the Time of the passing of this Act, and from thenceforth a Salary after the Rate of Fifty thousand Bombay Rupees by the Year; and that such Salaries shall be paid and out of what payable to each and every of them respectively, out of the Ter- Fund. ritorial Revenues of the said Settlement of Bombay.

III. And be it further enacted, That the Court of Directors of Salary to the said United Company shall and they are hereby required to Recorder direct and cause to be paid to each and every the Person and of Bombay; Persons who, during the Period between the said First Day of January One thousand eight hundred and eighteen and the said Eighth Day of May One thousand eight hundred and twenty four, acted as Recorder of Bombay as aforesaid, or to his or their Executors or Administrators, such further Sum and Sums of Money as shall, together with the Salaries which have been paid to the Recorder for the Time being, make up a Rate of Salary to each and every of such Person and Persons so having acted as Recorder as aforesaid, of Forty eight thousand Bombay Rupees by the Year; and that such further Sum and Sums shall be paid and payable out of the Territorial Revenues of the said Settlement of Bombay.

IV. And

out of what Fund.

Judge executing Office of Chief Justice entitled to

Justice.

IV. And be it further enacted, That when and as often as it shall happen that in consequence of the Vacancy of the Office of Chief Justice in any of the said Supreme Courts of JudicaSalary of Chief ture at Fort William in Bengal, or at Madras or Bombay respectively, One of the Puisne Judges of the said Courts respectively shall preside for and exercise the Office of such Chief Justice, such Puisne Judge so acting as Chief Justice during a Vacancy, and until the Arrival of the Person appointed to succeed to the Office of Chief Justice, shall be entitled to receive, in lieu of his Proportion of Salary as a Puisne Judge of such Court, such a Proportion of Salary (and no more) as would have become due to such Chief Justice during the Period while the Vacancy shall be supplied by such Puisne Judge as aforesaid, and that the Payment of such Rate of Salary to a Puisne Judge so acting or having acted as such Chief Justice in any of the said Supreme Courts respectively, shall commence and take effect from the Twenty second Day of January One thousand eight hundred and twenty two.

Provision in

case any Judge or Bishop, &c. shall die either during his Voyage, or within Six

Months after

V. And be it further enacted, That in all Cases from and since the said Twenty second Day of January One thousand eight hundred and twenty two, in which it has already happened, or when and as often as it shall hereafter happen, that any Chief Justice or Puisne Judge of any of the said Supreme Courts of Judicature at Fort William in Bengal, Madras or Bombay, or the Recorder of Prince of Wales Island, or any Bishop of Calcutta, his Arrival, &c. shall have departed or shall hereafter depart this Life, either during his Voyage to India or within Six Calendar Months next after the Day when he shall have arrived in India for the Purpose of taking upon him the Office of such Chief Justice or Puisne Judge, Recorder or Bishop, the Court of Directors of the said United Company shall and they are hereby required to pay, or direct and cause to be paid, out of the Territorial Revenues from which the Salary of such Chief Justice or Puisne Judge, Recorder or Bishop so dying shall be payable, to the legal Personal Representatives of such Chief Justice or Puisne Judge, Recorder or Bishop so dying as aforesaid, such Sum or Sums of Money as shall, together with the Sum or Sums paid to or drawn by such Chief Justice or Puisne Judge, Recorder or Bishop, in respect of his Salary, make up the full Amount of One Year's Salary of the Office to which he shall have been appointed; and that from and since the First Day of January One thousand eight hundred and twenty three, when and as often as it shall have happened or shall hereafter happen that any such Chief Justice or Puisne Judge, Recorder or Bishop hath departed or shall depart this Life while in Possession of such Office, and after the Expiration of Six Calendar Months from the Time of his Arrival in India for the Purpose of taking upon him the Office of Chief Justice, Puisne Judge, Recorder or Bishop, then and in all and every of such Cases the said Court of Directors shall and they are hereby required to pay or direct and cause to be paid, out of the Territorial Revenues from which the Salary of such Chief Justice, Puisne Judge, Recorder or Bishop so dying shall be payable, to the legal Personal Representatives of such Chief Justice or Puisne Judge, Recorder or Bishop respectively so dying as aforesaid, over and

above what may have been due to such Chief Justice or Puisne Judge, Recorder or Bishop respectively at the Time of his Death, a Sum equal to the Amount of Six Calendar Months' Salary of the Office of such Chief Justice or Puisne Judge, Recorder or Bishop respectively.

VI. And Whereas under and by virtue of the said Act of 4 G.4. c.71. the Fourth Year of the Reign of His present Majesty, His Ma- s.15. jesty is empowered to direct and authorize certain Allowances 'to be made out of the Revenues of the British Territories in India to the Chief Justices and Puisne Judges of the said Supreme Courts respectively, and to the Recorder of Prince of Wales Island, on their respectively resigning their respective Offices, after a Residence in India for Ten Years: And Whereas it is expedient to shorten the Period during which such Chief Justices, Judges and Recorders respectively are required to hold their Offices in India before an Allowance can be granted to them, and to make other Provisions respecting such Allow

ances; Be it therefore enacted, That so much of the said Act repealed as to of the Fourth Year of the Reign of His present Majesty as relates Residence. to the said Allowances, and the Length of Residence in India necessary to entitle the Parties thereto, shall be and the same is hereby repealed.

VII. And be it further enacted, That if any of the Chief Pensions to Justices or Puisne Judges of the said Supreme Courts of Ju- Chief Justices dicature at Fort William, Madras or Bombay respectively, or the and Judges on Recorder of the Court of Judicature of Prince of Wales Island, Resignation. shall resign his Office in consequence of Age, Infirmity or other Cause, to be approved by His Majesty, His Heirs or Successors, it shall and may be lawful for His Majesty, His Heirs or Successors, by Warrants under the Sign Manual, to direct and authorize an Allowance to be made out of the Revenues of the British Territories in India, to such Chief Justice, Puisne Judges or Recorder so resigning, subject to the Limitations and Restrictions hereinafter provided; that is to say, Provided always, that it shall not be lawful for His Majesty to direct any such Allowance to be made to any Person who shall not have resided Five Years' in India for Five Years, either as Chief Justice or as a Puisne Residence Judge (or partly as one and partly as the other) of some or one of the said Supreme Courts.

VIII. Provided also, and be it enacted, That it shall not be lawful to direct any larger Allowance to be made to any Chief Justice of the said Supreme Court of Judicature at Fort William, than the Sum of One thousand Pounds Sterling per Annum, unless he shall have resided in India as such Chief Justice or Puisne Judge, or partly as one and partly as the other, for Seven Years; nor if he shall have so resided for Seven Years, shall it be lawful to direct any larger Allowance to be made to him than the Sum of One thousand three hundred Pounds Sterling per Annum, unless he shall have resided in India as such Chief Justice or Puisne Judge, or partly as one and partly as the other, for Ten Years; nor if he shall have so resided for Ten Years, shall it be lawful to direct any larger Allowance to be made to him than the Sum of Two thousand Pounds Sterling per Annum.

IX. Provided

necessary.

Limitation of
Allowance to
Chief Justice of

Fort William.