Charters and Statutes relating to the East India Company-1813

53 GEORGII III Cap. CLV.

21st July 1813

An Act for continuing in the 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.

WHEREAS by an Act of the Parliament of Great Britain, passed in the Thirty-third Year of His present Majesty’s Reign, for continuing in the East India Company, for a further Term, the Possession of the British Territories in India, together with their exclusive Trade, under certain Limitations, and for other Purposes, the Possession and Government of the British Territories in India, together with an exclusive Trade in, to, and from the East Indies, and other the Limits described in an Act made in the Ninth Year of the Reign of King William the Third, or in a certain Charter of the Fifth Day of September, in the Tenth Year of the same King, were continued in the United Company of Merchants of England trading to the East Indies, for a Term thereby limited, under certaia Regulations and Conditions: (I.)And whereas by an Act of the Parliament of Ireland, passed in the same Thirty-third Year of His present Majesty’s Reign, for regulating the Trade of Ireland to and from the East Indies, under certain Conditions and Provisions, for a Time therein mentioned, the exclusive Privileges granted to the said United Company by the said Act of the Parliament of Great Britain were confirmed, subject to certain Conditions and Restrictions: And whereas it is expedient that the Territorial Acquisitions mentioned in the said Act of the Parliament of Great Britain of the Thirty-third Year of His present Majesty, together with such other Territorial Acquisitions on the Continent of Asia, or in any Islands situate to the North of the Equator, as are now in the Possession and under the Government of the said United Company, with the Revenues thereof, should, without Prejudice to the Undoubted Sovereignty of the Crown of the United Kingdom of Great Britain and Ireland, in and over the same, or to any Claim of the said United Company to any Rights, Franchises, or Inmunities, remain in the Possession and under the Government of the said United Company for a further Term; subject to such Powers and Authorities for the Superintendance, Direction, and Controul over all Acts, Operations, and Concerns, which relate to the Civil or Military Government or Revenues of the said Territories, and to such further or other Powers, Authorities, Rules, Regulations, and Restrictions, as have been already made or provided by any Act or Acts of Parliament in that Behalf, are made and provided by this Act: And whereas it is expedient that from and after the Tenth Day of April One thousand eight hundred and fourteen, the Right of trading, trafficking, and adventuring, in, to, and from, all Ports and Places within the limits of the said United Company’s present Charter, save and except the Dominions of the Emperor-of China, should be open to all His Majesty’s Subjects, in common with the said United Company; subject to certain Regulations and Provisions; but that the existing. Restraints respecting the Commercial Intercourse, with China should be continued, and the exclusive Trade in Tea preserved to the said Company, during the further Term hereby limited: May it therefore please Your Majesty that it may be enacted; and be it enacted by the King’s Most Excellent Majesty, by and with the Advice and

Former territorial Acquisitions in India, with late Acquisitions on the Continent of Asia, or in any Island North of the Equators, to continue in the Government of the East India Company, for a further term.

Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Territorial Acquisitions mentioned in the said Act of the Parliament of Great Britain, of the Thirty-third Year of His pre, sent Majesty, together-with. such of the Territorial Acquisitions since obtained upon the Continent of Asia, or in any Islands situate to the North of the Equator, as are now in the Possession of and under the Government of the said United Company, with the Revenues thereof respectively shall remain and continue in the Possession and under the Government of the said United Company, subject to such Powers and Authorities for the Superintendance, Direction and Controul 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, Authowties, Rules, Regulations, and Restrictions, as have been already made or provided by any Act or Act of Parliament in that Behalf, or are made and provided. by this Act, for a further Term, to be completed from the said Tenth Day of April One thousand eight hundred and fourteen, until the same shall be determined by virtue of the Proviso hereinafter contained.

Exclusive Trade with China, and Trade in Tea; and Provisions of former Acts not repealed by or repugnant to this Act; continued during further Term.

II. And be it further enacted, That the sole and exclusive Right of trading, trafficking, and using the Business of Merchandize in, to, and from the Dominions of the Emperor of China, and the whole, sole, and exclusive Right of trading and trafficking 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 United Company, by virtue of any Act or Charter now in Force, but not farther or otherwise; and all and singular 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 Acts of the Thirty-third Year of His present Majesty or either of them, for and 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 Acts of the Thirty-third Year of His present Majesty, or in any other Act or Acts whatsoever, which are limited, or may be construed to be limited, to continue for and during the Term granted to the said Company by the said Act of the Parliament of Great Britain of the Thirty-third: Year of His present Majesty, 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.

On the Expiration of Three Years Notice by Parliament, any Time after the 10th April 1831, and Payment of what is due from the Public to the Compnay the Term and the exclusive Trade to cease and be determined

II. Provided always, and be it further enacted, That at any Time upon Three Years Notice to be given by Parliament after the Tenth Day of April One thousand eight hundred and thirty-one, and upon Payment made to the said United Company, of any Sum or Sums of Money, which according to the Provisions of a certain Act of the Thirty-third Year of the Reign of His present Majesty, intituled, “An Act for placing the Stock, called East India Annuities, under the Management of the Governor and Company of the Bank of England, and ingrafting the same on the Three Pounds per Centum Reduced Annuities, in Redemption of a Debt of Four millions two hundred thousand Pounds owing by the Public to the Hast India Company; and for enabling the said Company to raise a Sum of Money by a further Increase of their Capital Stock, to be applied in Discharge of certain Debts of the said Company,”33 G. 3. c. 47. shall, or-may, upon the Expiration of the said Three Years, become payable to the said Company, according to the true Intent and Meaning of the said Act, then and from thenceforth, and not before or sooner, the said Term hereby granted to the said United Company, and all Right, Title, and Interest of the said United Company, to or in any exclusive Trade continued to the said Company under the Provisions of this Act, shall cease and determine.

Not to determine the Corporation of the Company or their Right to trade in common with others.

IV. Provided also, That nothing in the said Proviso last herein-before contained, or in any Proviso in the said Act of the ninth Year of King William the Third, or in the said Charter of the Fifth Day of September in the Tenth Year of His Reign, or in any other Act or Charter contained, shall extend or be construed to extend, to determine the Corporation of the said United 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, Merchandizes, Estates and Effects, in common with other the Subjects of His Majesty, His Heirs and Successors, trading to, in, and from the said Parts or Limts.

Notice by the Speaker to be deemed a due Notice by parliament.

And be it further enacted, That any Notice in Writing, signified by the Speaker of the 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 United Company.

Navigation Act, not to prevent the Importa­tion of Goods, the Pro­duce of any Places within the Charter, ex­cept Tea, from any other Places within the Chatter, except China.

VII. And whereas by a certain Act passed in the Twelfth Year of the Reign of King Charles the Second, intituled “An Act for the encouraging and increasing of Shipping and Navigation,” it is enacted. That no Goods or Commodities, that are of Foreign Growth., Production or Manufacture, and which are to be brought into England, Ireland, Wales, the Islands of Guernsey and Jersey, or Town of Berwick-upon-Tweed, in English-built Shipping, or other Shipping belonging to some of the aforesaid Places, and navigated by English Mariners, as in the said Act mentioned, shall be shipped or brought from any other Place or Places, Country or Countries, but only from those of the said Growth, Production or Manufacture, or from those Ports where the said Goods and Com­modities can only be or are or usually have been first shipped for Transportation, and from none other Places or Countries; provided that the said Act or any Thing therein contained should not extend or be meant to restrain the imparting of any East India Commodities, loaden in English-built Shipping, and whereof the Master and Three-fourths of the Mariners at least are English, from the usual Place or Places of lading of them in any Part of those Seas to the Southward and Eastward of Cabo Bona Speranza, although the said Ports be not the very Places of their Growth; be it enacted, That it shall and may be lawful for His Majesty’s Subjects, in Ships navigated according to Law, to import, under the Authority of this Act, into the said United Kingdom, from all Ports and Places within the Limits of the said Company’s Charter; save and except the Dominions of the Emperor of China; any Goods, Wares or Merchandize the Product or Manufacture of any Country within the Limits of the said Company’s Charter, except Tea, although such Goods, Wares, or Merchandize 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 or Commodities can only be, or are, or usually have been first shipped for Transportation, nor the usual Place for lading the same, the said Act or any other Matter or Thing to the contrary notwithstanding.

None but the Company, or by their Licence, to trade in Tea:

VIII. Provided always, and be it further enacted. That it shall not be lawful for any Person or Persons, save only the said United .Company or such as shall obtain their special Leave and Licence in Writing, or a special Leave and Licence in Writing under their Authority, for that Purpose, to ship, carry, or put on board any Ship in the East Indies or other Parts within the Limits aforesaid, or to import into the said United Kingdom from any Port or Place whatsoever, any Tea; any Thing in this Act contained to the contrary notwithstanding.