LAWS.

1806.

Persons guilty of false and cor

(3) And be it further enacted, that in case any person or persons upon examination upon oath, or, being rupt swearing to 46 Geo. 3, a Quaker or Quakers, upon affirmation, before the said be punished for Commissioners already appointed, or hereafter to be perjury.

c. 133,

$3.

§ 4.

§ 5.

§ 6.

appointed, whether such Commissioners shall be acting in England or in India, or any two of them, or in any such affidavit or deposition so to be sworn or affirmed before the said Commissioners or any one of them, or before any such Court, Judge, Master in Chancery, Magistrate, Justice of the Peace, Master Extraordinary in Chancery, Commissioner, or person so authorized to administer an oath or affirmation as hereinbefore is mentioned, shall wilfully and corruptly give false evidence, or make any false answer, statement, or deposition, every such person so offending, and being thereof duly convicted, shall be, and is hereby declared to be, subject and liable to such pains and penalties as by any law now in force persons convicted of wilful and corrupt perjury are subject and liable to.

The Commis

sioners authorized to compel

pers.

(4) And be it further enacted, that it shall and may be lawful to and for the said Commissioners already appointed, or hereafter to be appointed, whether such the attendance of Commissioners shall be acting in England or India, or witnesses, and any two of them, if they or any two of them shall production of pasee fit, either of their own motion, or at the instance of the said United Company, or their agent or agents, or any person or persons having or claiming any interest to support or oppose any debt or otherwise in any matter referred to the said Commissioners, to issue their precept or precepts, under the hands and seals of any two or more of them, summoning any person or persons whomsoever to attend them, or any two of them, to declare the truth touching any matters or things referred to the said Commissioners, and to bring or produce any book, deed, paper, account, or writing, or any books deeds, papers, accounts, or writings, relating to any such matters, or as shall be necessary for executing the trusts reposed in the said Commissioners, and all and every such person and persons, so summoned, is and are hereby required and directed, upon reasonable notice of any such precept, punctually to attend the said Commissioners, at such time and times, place and places, as shall be by them, or any two of them, appointed.

Precepts to be indorsed.

(5) Provided always, and be it enacted, that in or at the foot of every precept to be issued for the attendance of any witness, or the production of any book, deed, paper, account, or writing, it shall be specified whether the same is issued on the proper motion of the Commissioners, or at whose instance the same is issued.

(6) And be it further enacted, that if any person or persons shall abscond, or wilfully avoid being summoned by any such precept, or if any person or persons summoned, upon reasonable notice to appear be

Authorizing the Commissioners to commit persons refusing to be examined.

fore

1806.

c. 133,

§ 6.

fore the said Commissioners, or any two of them, shall wilfully neglect LAWS. or refuse to appear before the said Commissioners, or any two of them, or to bring or produce any book, deed, paper, account, or 46 Geo. 3, writing, relating to any matter referred to the said Commissioners, that shall be in his, her, or their possession, custody, or power, and which he, she, or they shall have been required by such precept to produce; or shall refuse to be sworn, or, being Quakers, shall refuse to affirm; or being sworn, or, being Quakers, having affirmed, shall refuse to answer to and before the said Commissioners, or any two of them, any question on oath or affirmation touching or concerning any matter referred to the said Commissioners, then and in every such case it shall and may be lawful to and for the said Commissioners, or any two of them, and they are hereby authorized and empowered to make and issue their warrant or warrants, under their hands and seals, or under the hands and seals of any two of them, for taking and apprehending any such person or persons, and committing him, her, or them to such prison as the said Commissioners, or any two of them, shall think fit; there to remain without bail or mainprize, until he, she, or they shall submit to be sworn and examined, touching and concerning all or any of the matters referred to the said Commissioners, or to make such production as aforesaid, as the case may be.

compellable to

No person in (7) Provided also, and be it further enacted, that no Great Britain or person resident or being in the United Kingdom of Ireland shall be Great Britain and Ireland shall be compellable, by go to India, nor virtue of this act, to go to or appear before the Comin India to Eng-missioners to act in India, or to go out of the said United Kingdom; and no person resident or being in the East-Indies shall be compellable, by virtue of this act, to come to or appear before the Commissioners to act in England, or to go out to the East-Indies.

land.

.

Payment of the (8) Provided always, and be it enacted, that no perwitnesses' costs son or persons whosoever shall be compelled or comand charges. pellable to appear before the said Commissioners now appointed, or hereafter to be appointed, either in England or in India, or to bring or produce to or before them any books, deeds, papers, accounts, or writing, unless at the time of service of such precept for such attendance or production, or at a reasonable time before the day appointed for such attendance or production, the probable amount of the costs and charges of the person or persons summoned, and a reasonable compensation for his, her, or their loss of time to be occasioned by such attendance or production, shall be tendered to him, her, or them; and every person who shall attend the said Commissioners, or produce any documents in pursuance of any precept, shall be entitled to be reimbursed and paid by the person or persons at whose instance such precept shall have been issued his or her reasonable costs and charges, and a reasonable compensation for his

$ 7.

$8.

LAWS.

1806. 46 Geo. 3,

c. 133, § 8.

§ 9.

$ 10.

or her loss of time; and in case any such precept shall be issued on
the proper motion of the said Commissioners, such costs, charges,
and compensation shall be advanced and paid by the said United
Company, to be afterwards charged and borne as part of the expenses
incidental to the execution of the trusts reposed in the said Com-
missioners; and all persons entitled to any such reimbursement or
payment shall be entitled to recover the same by action at law against
the person or persons liable to the payment thereof, or his, her, or
their successors, executors, or administrators, together with full costs
of suit and the said Commissioners, as well in England as in India,
are hereby authorized and required, at the request of any person or
persons entitled to any such reimbursement or payment, to settle and
adjust the amount thereof, and to make an order, to be signed by the
said Commissioners, or any two of them, fixing a time and place for
and dis-
the person or persons liable to the payment thereof to pay
charge the same; and in such case the person or persons entitled
thereto, or his, her, or their executors or administrators, shall be at
liberty to make their election to accept thereof, or to proceed generally
for the recovery of their reasonable costs and charges, and a reasonable
compensation for their loss of time; and in case of the election by
any person or persons to accept of the sum or sums so to be ordered
to be paid, if the person or persons liable to the payment thereof
shall make default in such payment, pursuant to such order, then
the person or persons entitled thereto shall recover the specific sum or
sums so ordered to be paid, together with double costs of suit.
(9) Provided also, and be it further enacted, that
the Commissioners acting from time to time in England shall lay a state-
under or by virtue of the said articles of agreement, ment of the
shall, within twenty-one days after the commencement claims preferred
to, and decided
of the next and every subsequent session of Parliament,
present to both Houses of Parliament a list of all the
claims which have been or shall be preferred to them,
or to the Commissioners in India, from time to time,
and also a list of such claims as from time to time shall
have been decided upon, either provisionally or absolutely, by the
said Commissioners, with the grounds of their decision thereon: pro-
vided always, that this act shall in no ways be construed to extend to
ratify or confirm the said articles of agreement, or to make the same,
or any matter or thing therein contained, available, further or other-
wise than the same would have been binding, effectual, and available
in case this act had not been passed.

The Carnatic Commissioners

by them before Parliament, and that the act shall not confirm the

articles of agreement.

Limitation of actions.

(10) And be it further enacted, that if any action or suit shall be brought against any person or persons for any thing done in pursuance of any of the provisions hereinbefore contained, such action or suit shall be commenced within six calendar months next after the fact committed, and not afterwards, and shall be laid in the county or place where the cause of complaint did arise,

and

such

and not elsewhere; and the defendant or defendants in
every
action or suit may plead the general issue, and give this act and the
special matters in evidence at any trial to be had thereupon; and if
the plaintiff or plaintiffs in any such action or suit shall discontinue
or become nonsuit, or judgment shall be given against him, her, or
them therein, the defendant or defendants shall have his, her, or their
costs, with the like remedy or recovery thereof as in cases where by
law costs are given to defendants.

LAWS.

1806.

46 Geo. 3,

c. 133,

$ 10.

CHINA.

THE Connexion of the East-India Company with China is purely of a commercial nature, and has existed for a long series of years. The earliest attempt on the part of the Company's servants to open an intercourse with that country was made in 1614, through the agency of some eminent Chinese merchants associated with houses at Japan. The conduct of the Dutch in China had created such an odium in the minds of the natives towards Europeans, that the scheme proved wholly unsuccessful. The result which attended the endeavour to obtain permission from the Emperor for the resort of British subjects, through letters from King James, was equally unfor

tunate.

In 1637 some of the Company's ships anchored off Macao, a rocky island at the entrance of the Canton river, on which the Portuguese had been allowed, in the year 1520, to establish themselves, on condition of their expelling the robbers who then inhabited it. The English expected to receive every assistance and encouragement but were disappointed, and accordingly proceeded up the river towards Canton, to open at once a direct trade with the Chinese. Through the duplicity of the natives they were obliged to abandon the project, and were moreover declared to be enemies of the Celestial Empire. It was not until 1683 that any further endeavours were made to prosecute the trade. In that year two of the Company's ships arrived off Macao; and in 1701 three more ships were despatched for Canton, at which port permission had been granted to British subjects to carry on commercial traffic. The intercourse has subsisted since that time; and the trade with China has, for a long period, formed an important part of the Company's exclusive privileges. It has been carried on upon principles conducive in an eminent degree to the interests of the Company, and to those of the British empire, in its revenue, in the employment of its shipping, and in a steady and continued demand for its manu

factures.