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Limitation of

Allowance to
Chief Justices

of Madras and
Bombay.

IX. Provided also, and be it further enacted, That it shall `not be lawful to direct any larger Allowance to be made to either of the Chief Justices of the said Supreme Courts of Judicature at Madras or Bombay, than the Sum of Eight 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 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 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 One thousand six hundred Pounds Sterling per Annum. X. Provided also, and be it further enacted, That it shall not be lawful to direct any larger Allowance to be made to either of Puisne Judges the Puisne Judges of the said Supreme Court of Judicature at Fort William than the Sum of Seven hundred and fifty Pounds Sterling per Annum, unless he shall have resided in India as such Puisne Judge 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 Pounds Sterling per Annum, unless he shall have resided in India as such Puisne Judge 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 One thousand five hundred Pounds Sterling per Annum.

Limitation of
Allowance to

of Fort

William.

Limitation of

Allowance to

Puisne Judges of Madras and Bombay.

In what Case

only Chief Jus

XI. And be it further enacted That it shall not be lawful to direct any larger Allowance to be made to any one of the Puisne Judges of either of the said Supreme Courts of Judicature at Madras or Bombay respectively, than the Sum of Six hundred Pounds Sterling per Annum, unless he shall have resided in India as such Puisne Judge 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 Eight hundred Pounds Sterling per Annum, unless he shall have resided in India as such Puisne Judge 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 One thousand two hundred Pounds Sterling per Annum.

XII. Provided also, and be it further enacted, That it shall not be lawful for His Majesty to direct any larger Allowance to be made to any Chief Justice of any of the said Supreme Courts so resigning, than the Amount by this Act limited for the AllowPuisne Judge. ance to be made to the Puisne Judges of the Court to which

tice to have greater Allowance than

Limitation of Allowance to Recorder of Prince of Wales Island.

such Chief Justice shall belong, unless he shall have held the Office of a Chief Justice of one of the said Supreme Courts during Five Years of his Residence in India.

XIII. And be it further enacted, That it shall not be lawful to direct any larger Allowance to be made to the Recorder of the said Court of Judicature of Prince of Wales Island, than the Sum of Five hundred Pounds Sterling per Annum, unless he shall have resided in India as such Recorder for Seven Years;

nor

;

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 Six hundred and fifty Pounds Sterling per Annum, unless he shall have resided in India as such Recorder 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 One thousand Pounds Sterling per Annum.

Time of Re

reckoned at a

certain Rate.

XIV. Provided also, and be it further enacted, That if any Person having for any Time resided in the East Indies as Record- corder appointer of the said Court of Judicature of Prince of Wales Island ed Judge to be shall have been or shall be appointed to the Office of Chief Justice or Puisne Judge of either of the said Supreme Courts of Fort William, Madras or Bombay, the Period of Residence of such Person in the East Indies as such Recorder of the said Court of Judicature of Prince of Wales Island shall be accounted and taken as and for a Residence in India as a Puisne Judge of such Courts respectively, in the Proportion of Three Years Residence as such Recorder to Two Years' Residence as such Puisne Judge; and that if such Person shall have resided in the East Indies partly as such Recorder, and partly as such Chief Justice or Puisne Judge, it shall and may be lawful for His Majesty, His Heirs and Successors, in Manner hereinbefore mentioned, to direct such Allowance to be made to such Person as might lawfully be directed in case such Person had resided the Whole of such Time as such Recorder, and had resigned the Office of such Recorder, although such Person may not have resided in India for such Length of Time as to entitle him, under the Provisions herein contained, to the Allowance of a Chief Justice or Puisne Judge.

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XV. And Whereas under and by virtue of an Act made and 58 G.8. c.155. passed in the Fifty third Year of the Reign of His late Majesty

King George the Third, and of another Act made and passed

Pension ts

Bishop on

Resignation.

in the Fourth Year of the Reign of His present Majesty, Pro- 4G.4. c.71. 'vision is made for granting a Pension to the Bishop of Calcutta, § 2, and 3. under the Limitations therein contained, and it is expedient to 'make further Provision in respect thereof;' Be it further enacted, That it shall and may be lawful for His Majesty, His Heirs and Successors, in Manner in the said Act of the Fifty third Year of the Reign of His late Majesty mentioned, to grant to any such Bishop who shall have exercised within the Limits of the Charter of the said United Company the Office of Bishop of Calcutta for Five Years, a Pension not exceeding One Half of the Sum which His Majesty, by the said Act of the Fifty third Year of the Reign of His late Majesty, is empowered to grant to any such Bishop; and also to grant to any such Bishop who shall have exercised within the Limits aforesaid the said Office of Bishop of Calcutta for Seven Years, a Pension not exceeding Two thirds of the Sum which His Majesty, by the said Act of the Fifty third Year of His late Majesty's Reign, is empowered to grant to any such Bishop.

XVI. Provided also, and be it further enacted, That it shall not be lawful for His Majesty, His Heirs or Successors, to direct any such Allowance to be made to any such Chief Justice, Puisne Judge, Recorder or Bishop respectively, who before he

shall

Resignation under Ten Years' Service

for other Cause than Illness not

entitled to Pension.

of Offenders from Saint Helena,

shall have held and exercised such Office, or some or one of such Offices, for the Space of Ten Years in the whole, shall resign his said Office for any other Cause than in consequence of Illness or Infirmity, to be proved to the Satisfaction of His Majesty, His Heirs or Successors.

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XVII. And Whereas it is expedient that the Governor and Council appointed by the said United Company in and for the Island of Saint Helena should be empowered, when acting as a < Court of Oyer and Terminer and Gaol Delivery, to order Offenders to be transported from the said Island to such Places as are hereinafter mentioned or referred to;' Be it therefore Transportation enacted, That when any Person or Persons shall have been convicted before the said Governor and Council of the said Island of Saint Helena, sitting and acting as a Court of Oyer and Terminer and Gaol Delivery, of the Crime of Grand or Petit Larceny, or of any other Offence for which such Person or Persons would before the passing of this Act have been liable by the Laws of this Realm to be transported, it shall and may be lawful for the Governor and the Council of the said Island to order and adjudge that such Person or Persons so convicted as aforesaid shall be transported, for such Term of Years as such Governor and Council shall direct, to New South Wales, or any other Place to which by virtue of any Law now in force he, she or they might have been transported, or sentenced to be transported, by or by the Sentence of any Court exercising Jurisdiction within the several British Presidencies or Governments in the East Indies; and where any Person or Persons shall hereafter be convicted of any Crimes whatever, for which he, she or they is or are or shall be by the Laws of this Realm in force within the said Island of Saint Helena excluded from the Benefit of Clergy, it shall and may be lawful to and for the said Governor and Council, as they shall see fit, instead of awarding Sentence of Execution against such Offender or Offenders, to order such Offender or Offenders to be in like Manner transported, either for Life, or for such Number of Years as the said Governor and Council shall award and order; and the Governor and Council of the said Island are hereby authorized and required to take the necessary Measures for the due Performance of such Sentences and Awards of Transportation accordingly.

Punishment of Persons returning.

XVIII. And be it further enacted, That if any Offender so sentenced or ordered to be transported as aforesaid shall return to the said Island of Saint Helena, or come into any of the Territories or Acquisitions of His Majesty, or of the said United Company in the East Indies, or shall come into any Part of Great Britain or Ireland, before the End of the Term for which he or she shall be so sentenced or ordered to be transported as aforesaid, he or she so returning or coming as aforesaid shall be liable to be punished as a Person attainted of Felony, without Benefit of Clergy, and Execution shall and may be awarded against such Offender accordingly: Provided nevertheless, that nothing herein contained shall be construed or taken to prevent His Majesty, His Heirs and Successors, from extending His or Their Royal Mercy to any such Offender or Offenders, or from allowing the Return of such Offender or Offenders from such Place of Transportation. • XIX. And

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• XIX. And Whereas under and by virtue and according to the 42 G.3. c.29. Effect of an Act passed in the Forty second Year of the Reign of His late Majesty King George the Third, intituled An Act to ' authorize the East India Company to make their Settlement at Fort Marlborough in the East Indies a Factory subordinate to the Presidency of Fort William in Bengal, and to transfer the Servants, who on the Reduction of that Establishment shall be supernumerary, to the Presidency of Fort Saint George; and an Act passed in the Fifth Year of the Reign of His present Majesty 5 G.4. c.108.

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King George the Fourth, intituled An Act for transferring to

the East India Company certain Possessions newly acquired in the East Indies, and the Removal of Convicts from Sumatra, the Island of Singapore in the East Indies, and the Town and Fort of Malacca and its Dependencies, and all the Colonies, Pos'sessions and Establishments ceded by His Majesty the King of 'the Netherlands to His said present Majesty King George the Fourth, by a Treaty concluded between their said Majesties on the Seventeenth Day of March One thousand eight hundred and twenty four, have become and now are Factories subordinate to the Presidency of Fort William in Bengal, and thereby, by virtue of an Act passed in the Thirty ninth and Fortieth 39 & 40 G.3. Years of the Reign of His said late Majesty King George the c.79. Third, intituled An Act for establishing further Regulations for the Government of the British Territories in India, and the better Administration of Justice within the same, are subject to 'the Jurisdiction of the Supreme Court of Judicature of Fort William aforesaid; and it may be expedient that some other • Provision should be made for the Administration of Justice within the said Island and other Places aforesaid;' Be it therefore enacted, That it shall and may be lawful to and for His Majesty, His Heirs and Successors, by Letters Patent under the Great Seal of Great Britain, or in any other lawful manner, to make such Provision for the Administration of Justice in Civil, Criminal, Ecclesiastical and Admiralty Matters arisen and to arise within the said Island of Singapore, and the said Town and Fort of Malacca and its Dependencies, by His and Their Royal Prerogative He or They might have done if the said last mentioned Act had never been made or passed; and in case any such Provision shall be made by His Majesty, His Heirs and Successors, then the said Island, and the said Town and Fort and its Dependencies, from the Time or several Times when such Provision shall take effect, or from any other Time or Times to be appointed by His Majesty, His Heirs or Successors, and all the Inhabitants of the said Island, and the said Town, Fort and its Dependencies, and other Persons being thereon, shall cease to be subject to and shall be wholly exempt from the Jurisdiction of the said Supreme Court; the said last mentioned Act, or any other Law or Statute, to the contrary thereof in any wise notwithstanding.

Regulations

for Administration of Justice in Singapore and Malacca.

XX. And be it further enacted, That from and after the First Colonies ceded Day of January next the Colonies, Possessions and Establish- to His Majesty ments so ceded to His Majesty, and which are situate on the to be under Coast of Coromandel, or in the Northern Circars in the East In- Jurisdiction of dies, and all the Inhabitants of the said Colonies, Possessions and Establishments, and all other Persons being therein, shall cease

to

Fort Saint
George.

Singapore and
Malacca an-

nexed to Prince
of Wales
Island.

to be subject to and shall be wholly exempt from the Jurisdiction of the said Supreme Court of Judicature in Bengal; and the said Colonies, Possessions and Establishments, and all the Inhabitants thereof, and all other Persons being therein, shall be subject and amenable to the Jurisdiction and Authority of the Supreme Court of Judicature at Fort Saint George in the East Indies, in like Manner as any other Place being or deemed to be a Factory subordinate to the Government of Fort Saint George, and the Inhabitants thereof, whether Europeans or Natives, as the Case may be, is or are or ought to be liable and amenable thereto; the said Act of the Thirty ninth and Fortieth Years of His late Majesty's Reign, or any other Law or Statute to the contrary thereof in any ways notwithstanding.

XXI. And be it further enacted, That it shall and may be lawful for the Court of Directors for the Time being of the said United Company to declare and appoint that the said Island of Singapore and the said Town and Port of Malacca and its Dependencies, and the Colonies, Possessions and Establishments so ceded as aforesaid, or any of them, shall cease to be Factories or a Factory subordinate to the said Presidency of Fort William in Bengal, and that they shall be annexed to and be considered as and be Part of the Settlement of Prince of Wales Island, or as Factories or a Factory subordinate to the said Presidency of Fort Saint George, or to any Presidency or Government of the said United Company, or that they or any of them shall be independent Settlements or an independent Settlement, subject to such Government as the said United Company, under and by virtue of the Charters granted to them or otherwise, may lawfully appoint, and from time to time, as Occasion may require, to revoke and alter such Appointment or Appointments, and to place the said Island, Town, Fort and its Dependencies, and the said Colonies, Possessions and Establishments under such Presidency of Government, or to be independent, as to them shall seem fit and expedient, subject nevertheless to the Superintendence, Direction and Controul of the Commissioners for the Affairs of India, in like Manner as any Acts or Orders of the said Court of Directors are now by Law subject; and the said Island, Town, Fort and its Dependencies, Colonies, Possessions. and Establishments, so ceded as aforesaid, and the Revenues thereof, and the Civil Servants connected therewith respectively, shall, from and after the Time to be by the said Court of Directors limited and appointed, be to all Intents and Purposes annexed to the Presidency or Government to be appointed in Manner aforesaid, or such Island and Places aforesaid shall be an independent Settlement or independent Settlements, and the Revenues and Civil Servants thereof shall be annexed thereto, according to the true Intent and Meaning of such Appointment as aforesaid; any Law or Statute to the contrary thereof in any wise notwithstanding.

CA P. LXXXVI,

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