Limitation of actions before Supreme Court. Suits may originate in said court, or be brought by appeal from Pro vincial Courts. LAWS. From Provincial Court to Supreme Court. (1) The Supreme Court of Judicature shall hear and determine any suits or actions whatsoever of any of his Majesty's subjects, against any inhabitant of India residing in any of the said kingdoms or provinces of Bengal, Bahar, or Orissa, or any of them, upon any contract or agreement in writing entered into by any of the said inhabitants with any of his Majesty's said subjects, where the cause of action shall exceed the sum of five hundred current rupees; and where the said inhabitant shall have agreed in the said contract, that, in case of dispute, the matter shall be heard and determined in the said Supreme Court; and all such suits or actions may be brought, in the first instance, before the said court, or by appeal from the sentence of any of the courts established in the said provinces, or any of them. Appeal may be made to his Majesty in Council. From Supreme Court to King in Council. (2) In case any person or persons whatsoever shall think himself, herself, or themselves, aggrieved by any judgment or determination of the Supreme Court of Judicature to be established as aforesaid, he, she, or they shall and may appeal from such judgment or determination to his Majesty in Council, his heirs or successors, within such time, in such manner and in such cases, and on such security as his Majesty, in his said charter, shall judge proper and reasonable to be appointed and prescribed. (Vide Charter of Justice, p. 35, 36, and 37.) From Rules, Ordinances, and Regulations, issued by Governor- dia-House. (3) It shall be lawful for any person or persons in Appeals may be made for the King India to appeal therefrom to his Majesty, his heirs or in Council, who successors, in Council, who are hereby empowered, if may repcal rules. A copy of all re- they think fit, to set aside and repeal any such rules, gulations to be ordinances, and regulations respectively, so as such affixed in the In- appeal, or notice thereof, be lodged in the Supreme Court of Judicature within the space of sixty days after the time of the registering and publishing the same; and it shall be lawful for any person or persons in England to appeal therefrom, in like manner, within sixty days after the publishing the same in England; and it is hereby directed and required, that a copy of all such rules, ordinances, and regulations, from time to time, as the same shall be so received, shall be affixed in some conspicuous and public place in the India-House, there to remain and be resorted to as occasion shall require; yet, nevertheless, such appeal shall not obstruct, 1773. 13 Geo. 3, c. 63, § 16. $ 18. 1773. 13 Geo. 3, c. 63. $ 36. LAWS. obstruct, impede, or hinder the immediate execution of any rule, ordinance, or regulation, so made and registered as aforesaid, until the same shall appear to have been set aside or repealed, upon the hearing and determination of such appeal. 1781. c. 70, $21. From Governor-General and Council to the King. which shall be (4) Whereas the Governor-General and Council, or In civil suits 21 Geo. 3, some committee thereof or appointed thereby, do de- only, the value of termine on appeals and references from the country £5,000 and upor Provincial Courts in civil causes; be it further wards. enacted, that the said court shall and lawfully may hold all such pleas and appeals, in the manner and with such powers as it hitherto hath held the same, and shall be deemed in law a court of record: and the judgments therein given shall be final and conclusive, except upon appeal to his Majesty, in civil suits only, the value of which shall be five thousand pounds and upwards. 1793. 33 Geo. 3, c. 52, $16. 1797. 37 Geo. 3, c. 142, $ 16. venues. By Court of Directors to King in Council. (5) Nothing in this act contained shall extend, or If the Board isbe construed to extend, to give to the Board of Com- sue or alter any missioners any power or authority to issue or send orders, &c. not relating to civil any orders or instructions, which do not relate to or military gopoints connected with the civil or military government vernment or reor revenues of the British territories or possessions in India, nor to expunge, vary, or alter any despatches proposed by the said Court of Directors as aforesaid, which do not relate to the said government or revenues; and that if the said Board shall send any orders or instructions to the said Court of Directors, to be by them transmitted, which in the opinion of the said Court of Directors shall relate to points not connected with the said civil or military government or revenues, then and on any such occasion it shall be lawful for the said Court of Directors to apply by petition to his Majesty in Council touching the same, and his Majesty in Council shall decide how far the same be or be not connected with the civil or military governments and revenues of the said territories and possessions in India, which decision shall be final and conclusive. Persons may apthe From Courts of Judicature at Madras and Bombay. (6) In case any person or persons whatever shall think him, her, or themselves aggrieved, by any judg- peal from ment or determination of either of the said Courts of courts to his MaJudicature of Madras or Bombay, he, she, or they jesty in Council. may appeal from such judgment or determination to his Majesty in Council, within such time and in such manner, and in such cases, as his Majesty in his said charter shall judge proper and reasonable to be appointed and prescribed. From LAWS. From Rules, Ordinances, and Regulations made by Governors in Rules, ordinan Governors in (7) All such rules, ordinances, and regulations, so 1807. c, 68, § 2. ces, and regula- to be made as aforesaid, shall be subject, in all respects, 47 Geo. 3, tions, made by to the like power of appeal, and to all the like regula Council, subject tions and provisions as are mentioned and contained in to appeal. an act made in the thirteenth year of the reign of his present Majesty, intituled, "An Act for establishing certain Regu"lations for the better Management of the Affairs of the East"India Company, as well in India as in Europe;" and in an act, made in the thirty-ninth and fortieth year of the reign of his present Majesty, 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:" as to the rules, ordinances, and regulations therein respectively authorized to be made by the said Governor-General in Council, as aforesaid.— (Vide supra.) From Decrees of subordinate Civil or Revenue Courts. British subjects (8) Provided also, that where by the laws or regulamay appeal to tions in force, or hereafter to be in force, within the Supreme Courts. provinces respectively subject to the governments of Fort William, Fort St. George, and Bombay aforesaid, it would be competent to a party to any final judgment or decree of any subordinate civil or revenue Court of Judicature to appeal therefrom to the Sudder Dewanny Adawlut, or other court, however denominated, exercising within those provinces respectively the highest appellate jurisdiction in civil suits, it shall be competent to British subjects of his Majesty, in suits commenced against them under the provisions of this act, instead of appealing to the said Sudder Dewanny Adawlut, or other courts so exercising the highest appellate jurisdiction as aforesaid, to appeal to the Supreme Court of Judicature at Fort William or Fort St. George, or the Recorder's Court at Bombay, according as the suit may have been commenced in the provinces subordinate to either of the said Presidencies; and such court shall have the same power as to suspending or allowing execution of the judgment or decree appealed against, and as to taking security for costs, or for the performance of the decree or judgment of the said subordinate courts, as the said Sudder Dewanny Adawlut, or other such courts as aforesaid would have had, and shall also make rules of practice for the conduct of the said appeals, in all other respects conforming in substance and effect as nearly as possible to the course of procedure of the said Sudder Dewanny Adawlut, or other such court as aforesaid, in cases of appeal: provided also, that nothing herein contained shall extend or be construed to extend to take away the jurisdiction of the said Supreme Courts of Judicature at Fort William and Madras, or the 1813. 53 Geo. 3, c 155, § 107. LAWS. said Recorder's Court at Bombay respectively: but that all persons having cause of action against any British subject may at their election, instead of suing in such Provincial Courts as herein-before provided, commence and prosecute their said suits in the said Supreme Courts of Judicature, and the said Recorder's Court respectively, in the same manner as before the passing of this act : provided also, that nothing herein contained shall extend or be construed to extend to authorize the holding or occupying of any land or other immoveable property, beyond the limits of the said several Presidencies, by any British subject of his Majesty, otherwise than under and according to the permission of the government of the said Presidencies. APPROPRIATION OF TERRITORIAL REVENUE AND HOME PROFITS. ANTERIOR to 1765 the revenues of the East-India Company in India arose principally from duties of customs, &c., and were comparatively trifling. In that year, by the grant of the Dewanny, they acquired considerable territorial possessions, whereby the revenues were greatly augmented. c. 57. The attention of Parliament was almost immediately directed to the affairs of the Company. After a lengthened negotiation and much discussion, an act was passed in 1767, 7 Geo. 9, giving effect to a temporary arrangement, under which the territorial acquisitions and revenues were to remain with the Company during the term of two years, to be computed from the 1st July 1767. By a subsequent act, the Company paying £400,000 per annum to the public, the same arrangement was continued till 1774. In the year 1773, the Company, from a series of great and unusual difficulties, were obliged to apply to Parliament for relief. A loan of £1,400,000 was grant- 13 Geo. 3, ed; on which occasion the first specific enactments as to the appropriation of the revenues and profits were passed. The surplus was to be applied, first, to a dividend of six per cent., and secondly, to the reduction of the loan of £1,400,000. c. 64. c. 61. In 1779 the territorial acquisitions were confirmed to the 19 Geo. 3, Company for another year; at the same time it was provided that, after paying a dividend of eight per cent., the clear surplus of revenue and profits should be reserved, and await any further agreement that might be made between the public and the Company; in 1780, the same were extended till the 20 Geo. 3, 5th April 1781, upon similar terms. c. 56. In that year the exclusive privilege of trade was granted to 21 Geo. 3, |
