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tained upon the continent of Asia, or in any islands situate to the 58 Geo. 8. north of the equator, as are now in the possession of, and under the c. 165. government of, the East India Company, with the revenues thereof respectively, shall continue in the possession and under the government of the said company, subject to such powers and authorities for the superintendance, direction, and control over all acts, operations, and concerns which relate to the civil or military government or revenues of the said territories, and to such further and other powers, authorities, and regulations, as have been already made or provided by any act of parliament in that behalf, or are made and provided by this act, for a further term, to be computed from the 10th April, 1814, until the same shall be determined by virtue of the proviso hereinafter contained.
Rule 8. The sole and exclusive right of trading, trafficing, and Exclasive using the business of merchandize in, to, and from the dominions of trade with the Emperor of China, and the whole, sole, and exclusive right of trade in tea, trading and trafficing in tea, in, to, and from all islands, ports, $ % havens, coasts, cities, towns, and places, between the Cape of Good Hope and the Streights of Magellan, in such manner as the same rights now are or lawfully may be exercised or enjoyed by the said company, by virtue of any act or charter now in force, but not further or otherwise; and all the profits, benefits, advantages, privileges, franchises, abilities, capacities, powers, authorities, rights, remedies, methods of suit, penalties, forfeitures, disabilities, provisions, matters, and things whatsoever, granted to or vested in the said company by the said act, (a) during the term limited by the said act of the parliament of Great Britain, and all other the enactments, provisions, matters, and things contained in the said act, or in any other act whatsoever, Former acts. which are limited, or may be construed to be limited, to continue during the term granted to the said company by the said act, so far as the same or any of them are in force, and not repealed by, or repugnant to, this act, shall continue and be in force during the further term hereby granted to the said company ; subject to such alterations therein as may be made by any of the enactments, provisions, matters, and things in this act contained.
Rule 9. At any time upon three years' notice to be given by par- When comliament after the 10th April, 1831, and upon payment made to the said pany's term company of any sum or sums of money which, according to the pro- trade to cease, visions of 33 Geo. 3. c. 47. (6) shall or may, upon the expiration of $8. the said three years, become payable to the said company, according to the true intent and meaning of the said act, then and from thence
esteem and take to be fittest or best for them, into and from the East Indies, in " the countries and parts of Asia and Africa, and into and from the islands, ports, "havens, cities, creeks, towns, and places of Asia, Africa, and America, or any of
them, beyond the Cape of Bona Esperanza, to the Streights of Magellan, where any trade or traffic of merchandize is or may be used or had, and to and from every of them."
(a) in the original, the Irish act of 33 Geo. 3. is here referred to; but the Irish statutes, except as to the intercourse betwixt Great Britain and Ireland, do not come within the plan of this book.
(6) Intituled, “ An Act for placing the Stock called the East India Annuities " under the Management of the Governor and Company of the Bauk of Eng. “ land, &c.”
53 Geo. 3. c, 155.
lo what ves
forth, and not before, the said term hereby granted to the said company, and all right, title, and interest of the said company to or in any exclusive trade continued to the said company under the provi
sions of this act, shall cease. Proviso, $ 4. Rule 10. Nothing in the said proviso last hereinbefore contained,
or in any proviso in 9 Will. 3. or in the said charter of the 5th day of September in the 10th year of his reign, or in any other act or charter contained, shall extend to determine the corporation of the said company, or to hinder, prevent, or preclude the said company, or their successors, from carrying on at all times after such determination of their exclusive trade as aforesaid, a free trade in, to, and from the East Indies, and limits in the said last-mentioned act or charter contained, with all or any part of their joint stock in trade, goods, estates, and effects, in common with other the subjects of His
Majesty trading to, in, and from the said parts or limits. What a due Rule 11. Any notice in writing, signified by the speaker of the notice, \ 5. house of commons for the time being, by order of the said house,
shall be deemed and adjudged a due and proper notice by parliament, to and for all the ends, intents, and purposes for which any notice is by this act directed to be given to the said company,
Rule 12. From 10th April, 1814, it shall be lawful for any of His sels
, and to Majesty's subjects, in common with the said company, to export in what places
, ships navigated according to law, from any port within the United persons may Kingdom of Great Britain and Ireland, to all places within the limits trade, 6.
hereinbefore referred to, except the dominions of the Emperor of China, any goods which can now, or may at any time hereafter, be legally exported ; and also, in common with the said company, to import in ships navigated as aforesaid, from any port within the limits aforesaid, except as aforesaid, into the said United Kingdom, any goods, the product or manufacture of any of the countries within the said limits, which can now, or may at any time or times hereafter, be legally imported; subject nevertheless to the several restrictions, conditions,
and limitations in this act contained. (a) Goods not of Rule 13. It shall be lawful for His Majesty's subjects, in ships the growth navigated according to law, to import, under the authority of this act, country, $ 7.
into the United Kingdom, from all places within the limits of the said company's charter, except the dominions of the Emperor of China, any goods, the product or manufacture of any country within the limits of the said company's charter, except tea, although such goods may not be of the growth, production, or manufacture of the place or country from which the same shall have been shipped or brought, or have been shipped or brought from the port where such goods can only be, or are, or usually have been first shipped for transportation, nor the
usual place for lading the same. From what Rule 14. It shall not be lawful for any private person to export
any goods to any place within the limits of the said company's United Kingdom vessels charter, except in some ship to be cleared out from some port of the may be United Kingdom of Great Britain and Ireland, or to import any goods
ports in the
(a) As to the importation of Persian goods by the Rassia Company, see TITLE 62, Rules 1-4. As to Gibralta and Malta, see TITLE 74, Rules 23–35.
from any place within the limits aforesaid, except only into such ports 58 Geo. 3. of the said United Kingdom as shall be provided with warehouses, C, 155, together with wet docks or basons, or such other securities as shall, and into what in the judgment of the lords commissioners of the treasury in Great places goods Britain and Ireland respectively, be fit for the deposit and safe cus- may be in; tody of all such goods, as well as for the collection of all duties payable ported, $ 10. thereon, and shall have been duly declared so to be by the order of His Majesty in council in Great Britain, (a) or by the order of the lord-lieutenant in council in Ireland : provided always, that copies of such orders in council, to be issued as aforesaid, shall have been published three times at least in the London or Dublin Gazette, as the case may be; and copies of all such orders shall be laid before both houses of parliament in the session next after the issuing of the same respectively. (6)
Rule 15. No company, or particular person or persons, who shall 9 & 10 have a right, in pursuance of this act, to trade to the East Indies, or other the parts within the limits aforesaid, shall be allowed to trade
Security. thither, until sufficient security (c) be first given to the customs that
(a) By orders in council, of the following dates, the ports undermentioned have been accordingly declared fit for such purposes, viz. LIVERPOOL.......
16th December, 1814. HULL.
16th February, 1815. GREENOCK, and
9th March, 1815. BRISTOL ...
13th August, 1817. (6) By 26 Geo. 3. c. 40. $ 24. no goods whatever of the growth, production, or manufacture of the countries beyond the Cape of Good Hope, shall in any manner, or upon any pretence whatever, be brought either by land or by water, from any place whatever, into the cities of London and Westminster, and the liberties thereof, or the borough of Southwark, and the several suburbs thereof, or into the parishes of St. Mary-le-bone and St. Pancras, in the county of Middlesex, without a certificate, as directed by 9 Geo. 3. * or without a certificate from the proper officer of customs in the port of London, certifying that the duties have been duly paid for the same at the importation thereof, or that the same have been before compounded for or condemned ; which shall be verified by the oath of the proprietor of such goods, referring to the time when such goods were enlered, compounded for, or condemned, under the penalty of the forfeiture of all such goods, which shall be conveyed into, or which shall be found carrying to, the said cities and places, or any of them, with intent to bring such goods into some or one of the cities or places aforesaid without such certificate as before directed, together with the boats, carts, horses, cattle, and carriages, made use of in the removal of the same, and the furniture belonging thereto.
By $ 26. pothing in this act shall extend to forfeit any of the aforesaid commodities, which shall be removed, or found removing, as before-mentioned, if it shall appear, to the satisfaction of the commissioners of custoins, that such goods were brought in a lawful and open way of trade, or are the property of private persons, and have been used as their domestic furniture.
(c) By 6 Ann. c. 3. the security to be hereafter given in pursuance of the above act, shall be after the rate of 25001. for every 100 tons the vessels shall be respect. ively let for, that shall be sent to the said East Indies or other parts within the limits in the said act mentioned, and so proportionably for any lesser part than 100 tons ; and the English company trading to the East Indies shall for each vessel
* By 9 Geo. 3. c. 41. $ 1. the goods are to be accompanied by a certificate, similar to the one above-mentioned, froin tbe proper officer of customs at the place where the goods were imported, &c.
(The reader will obrerve that the acts of 9 Geo. 3. and 26 Geo. 3. were enacted a considerble time before the trade to the East Indies was thrown open to private individuals ; and it therefore becomes a question, how far the regulations of such acts remain in force by the abore act of 13 Geo. 3. c. 155.]
9 & 10 Will. 3. C. 44.
such company, or particular persons, shall cause all the goods which shall at any time hereafter during the continuance of this act, be laden by or for them, or for their accounts, in any ships whatsoever, bound from the said East Indies, or parts within the limits aforesaid, shall be brought (without breaking bulk) to some port of England, and there be unladen and put on land (the danger of the seas, enemies, pirates, constraints of princes and rulers, and barratry of seamen, ex. cepted); and in case there be any difficulty or dispute in the acceptance of any such security, such difficulty and dispute shall and may be determined by the lord chief baron, and other the barons of the coif of the exchequer, or any of them, according to his or their best judgment and discretion, and that all goods belonging to the East India Company, or any other traders to the East Indies, and which shall be imported into England as aforesaid, pursuant to this act, shall by them respectively be sold openly and publicly by inch of candle (a) upon their respective accounts, and not otherwise, upon pain that the same, or the value thereof, shall be forfeited.
Rule 16. No vessel engaged in private trade under the authority Sl1005: Sr. of this act shall proceed to any place within the limits of the said vate trade not company's charter situate on the continent of Asia, from the river to go within Indus to the said town of Malacca inclusive, or in any island under
53 Geo. 3.
which shall be sent out from Great Britain, and employed by them, or for their account, give security, as aforesaid, by their common seal; the condition whereof sball be in the form following, viz.
" Whereas in pursuance of an act of parliament made in the 9th year of His late “ Majesty's reign, intituled, ' An Act for raising a Sum not exceeding 2,000,0001. “ upon a Fund for Payment of Annuities after the Rate of 81. per cent. per an.
and for settling the Trade to the East Indies,' the ship “ wbereof captain
is master, of the burthen of “ tons, is, under the regulation of the said act, bound out upon a voyage “ to the East Indies, or other parts within the limits prescribed by the said act, “ with a cargo or loading of goods, upon account of the above bound English com“ pany trading to the East Indies; the condition of this obligation is such, that if “ all the goods, wares, merchandizes, and commodities which shall at any time or “times hereafter, during the continuance of this present intended voyage, be laden “ by or for the said company, or any of them, or for their or any of their accounts “ in the said ship, from the said East Iudies or parts aforesaid, shall be, without “ breaking bulk, brought to some port of Great Britain, and there be unladen and “ put on land (the danger of the seas, enemies, pirates, constraint of princes and “ rulers, barratry of seamen, and necessary provisions, stores, and merchandizes for “the people and garrison of St. Helena, only for their own proper consumption “ excepted), then this obligation shall be void, or else shall remain in full force, “ effect, and virtue.”
And besides the respective securities to be given by this or the said former act against breaking bulk, all the goods which shall be loaden in the East Indies, or other the parts within the limits mentioned in the said act, upon any vessel belonging to any of Her Majesty's subjects, with intent to be transported from the said East Indies, or other the parts within the limits aforesaid, the same shall be brought to some port of Great Britain, and there shall be unladen and put on shore (necessary provisions, stores, and merchandizes for the people and garrison of St. Helena, for their own proper consumption only, excepted), and except also wbere the breaking of bulk or landing of goods in breach of this or tbe said former act shall happen to be by the danger of the seas, enemies, pirates, restraint of princes or rulers, or barratry of seamen, on pain of forfeiting all such goods which, contrary to this act, shall be landed elsewhere than in some port of Great Britain, or the value thereof.
(n) By 53 Geo. 3. c. 155. $ 22. so much of 9 Will. 3. as requires that goods of private trade should be sold by inch of candle, is repealed.
certain limits, without a licence from
For certain places a
the government of the said company lying to the north of the equator, 63 Geo. 8. or to the said company's factory of Bencoolen or its dependencies, c. 155. without a licence (a) to be granted for that purpose from the court of directors of the said company; and no such vessel, unless specially authorized as hereinafter mentioned, shall proceed to any place within the directors. the limits last-mentioned, except to some or one of the principal settlements of Fort William, Fort St. George, Bombay, and Prince of speciel liWales's Island: and when any application shall be made to the said race to be court of directors for a licence on behalf of any such vessel about to proceed from the said United Kingdom to any of the said company's for licences. principal settlements, the said company shall forthwith issue their licence for that purpose, according to such form as shall hereafter be settled by the said court of directors, with the approbation of the board of commissioners for the affairs of India : and when any application shall be made to the said court of directors for a licence specially authorizing any such vessel to proceed to any place upon the continent of Asia, from the river Indus to the said town of Malacca inclusive, or in any island under the government of the said company lying to the north of the equator, except the said company's principal settlements, or to the said company's factory of Bencoolen or its dependencies, the said court of directors shall, within 14 days When Nifrom the receipt thereof, unless they shall think fit to comply there-cences to be with, transmit the same to the said board of commissioners for the granted. affairs of India, together with any representation which the said court may think proper to make upon the subject of such application; and in case the said board of commissioners shall think fit to direct the said court of directors to issue any such licence, the said court of directors shall forthwith issue the same, upon such terms and conditions as the said court of directors, with the approbation of the said board of commissioners, shall from time to time think fit; provided, that in all cases in which the said board of commissioners shall direct the said court of directors to issue any such licence, which they shall have declined to issue without such direction, the special circumstances inducing them to give such direction shall be recorded in the books of the said board.
Rule 17. No vessel engaged in private trade under the authority ships in priof this act, clearing out from any port within the United Kingdom, vate trade not
to go within shall proceed to any place situate more to the northward than 11 degrees of south latitude, and between the 64th and 150th degrees of without a lieast longitude from London (except places upon the continent of cence from Asia, from the river Indus to the said town of Malacca inclusive, or control, $ 12. in any island under the government of the said company lying to the north of the equator, and also except the said company's factory at Bencoolen and its dependencies), without a licence from the said board of commissioners for the affairs of India, and the said commissioners shall, from time to time, frame and publish such rules for the granting Regulations of licences in that behalf as they shall think fit; and in all cases in for granting
licences. which any licence shall be granted by the said board of commissioners, otherwise than according to such rules, the special circumstances under which such licence shall have been granted shall be
(a) As to Malta and Gibraltar, see TITLE 74, Rule 26.