St. Helena Act 1833
| Jurisdiction | UK Non-devolved |
| Citation | 1833 c. 85 |
| Year | 1833 |
(3 & 4 Will. 4) C A P. LXXXV.
[28th August 1833]
'WHEREAS by an Act passed in the Fifty-third Year of the Reign of His Majesty KingGeorge the Third, intituled East IndiaCompany 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 , the Possession and Government of the British Territories in India were continued in the United Company of Merchants of England trading to the East Indies for a Term therein mentioned: And whereas the said Company are entitled to or claim the Lordships and Islands of St. Helena and Bombay under Grants from the Crown, and other Property to a large Amount in Value, and also certain Rights and Privileges not affected by the Determination of the Term granted by the said recited Act: And whereas the said Company have consented that all their Rights and Interests to or in the said Territories, and all their Territorial and Commercial, Real and Personal Assets and Property whatsoever, shall, subject to the Debts and Liabilities now affecting the same, be placed at the Disposal of Parliament in consideration of certain Provisions herein-after mentioned, and have also consented that their Right to trade for their own Profit in common with other His Majesty's Subjects be suspended during such Time as the Government of the said Territories shall be confided to them: And whereas it is expedient that the said Territories now under the Government of the said Company be continued under such Government, but in Trust for the Crown of the United Kingdom of Great Britain and Ireland , and discharged of all Claims of the said Company to any Profit therefrom to their own Use, except the Dividend herein-after secured to them, and that the Property of the said Company be continued in their Possession and at their Disposal, in Trust for the Crown, for the Service of the said Government, and other Purposes in this Act mentioned:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authorityof the same, That from and after the Twenty-second Day ofApril One thousand eight hundred and thirty-four the Territorial Acquisitions and Revenues mentioned or referred to in the said Act of the Fifty-third Year of His late Majesty King George the Third, together with the Port and Island of Bombay , and all other Territories now in the Possession and under the Government of the said Company, except the Island of St. Helena , shall remain and continue under such Government until the Thirtieth Day of April One thousand eight hundred and fifty-four; and that all the Lands and Hereditaments, Revenues, Rents, and Profits of the said Company, and all the Stores, Merchandize, Chattels, Monies, Debts, and Real and Personal Estate whatsoever, except the said Island of St. Helena , and the Stores and Propertythereon herein-after mentioned, subject to the Debts and Liabilities now affecting the same respectively, and the Benefit of all Contracts, Covenants, and Engagements, and all Rights to Fines, Penalties, and Forfeitures, and other Emoluments whatsoever, which the said Company shall be seised or possessed of or entitled unto on the said Twenty-second Day ofApril One thousand eight hundred and thirty-four, shall remain and be vested in, and be held, received, and exercised respectively, according to the Nature and Quality, Estate and Interest of and in the same respectively, by the said Company, in Trust for His Majesty, His Heirs and Successors, for the Service of the Government of India , discharged of all Claims of the said Company to any Profit or Advantage therefrom to their own Use, except the Dividend on their Capital Stock, secured to them as herein-after is mentioned, subject to such Powers and Authorities for the Superintendence, Direction, and Control over the Acts, Operations, and Concerns of the said Company as have been already made or provided by any Act or Acts of Parliament in that Behalf, or are made or provided by this Act.
II All Privileges, Powers, Rights, and Immunities of the Company to be in force until April 1854, subject to Control.
II. And be it enacted, That all and singular the Privileges, Franchises, Abilities, Capacities, Powers, Authorities, whether Military or Civil, Rights, Remedies, Methods of Suit, Penalties, Forfeitures, Disabilities, Provisions, Matters, and Things whatsoever granted to or continued in the said United Company by the said Act of the Fifty-third Year of KingGeorge the Third, for and during the Term limited by the said Act, and all other the Enactments, Provisions, Matters, and Things contained in the said Act, 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 Fifty-third Year of King George the Third, so far as the same or any of them are in force, and not repealed by or repugnant to the Enactments herein-after contained, and all Powers of Alienation and Disposition, Rights, Franchises, and Immunities, which the said United Company now have, shall continue and be in force, and may be exercised and enjoyed, as against all Persons whomsoever, subject to the Superintendence, Direction, and Control herein-before mentioned, until the Thirtieth Day of April One thousand eight hundred and fifty-four.
III From 22d April 1834, China and Tea Trade of Company to cease.
III. Provided always, and be it enacted, That from and after the said Twenty-second Day ofApril One thousand eight hundred and thirty-four the exclusive Right of trading with the Dominions of the Emperor of China , and of Trading in Tea, continued to the said Company by the said Act of the Fifty-third Year of King George the Third, shall cease.
IV Company to close their Commercial Business, and to sell their Property not retained for Government.
IV. And be it enacted, That the said Company shall, with all convenient Speed after the said Twenty-second Day ofApril One thousand eight hundred and thirty-four, close their Commercial Business, and make sale of all their Merchandize, Stores, and Effects at Home and Abroad, distinguished in their Account Books as Commercial Assets, and all their Warehouses, Lands, Tenements, Hereditaments, and Property whatsoever which may not be retained for the Purposes of the Government of the said Territories, and get in all Debts due to them on account of the Commercial Branch of their Affairs, and reduce their Commercial Establishments as the same shall become unnecessary, and discontinue and abstain from all Commercial Business which shall not be incident to the closing of their actual Concerns, and to the Conversion into Money of the Property herein-before directed to be sold, or which shall not be carried on for the Purposes of the said Government.
V Company not prevented selling Goods the Property of others.
V. Provided always, and be it enacted, That nothing herein contained shall prevent the said Company from selling, at the Sales of their own Goods and Merchandize by this Act directed or authorized to be made, such Goods and Merchandize the Property of other Persons as they may now lawfully sell at their public Sales.
VI Board of Control to superintend the Sale of the Property, Reduction of Establishments, &c.
VI. And be it enacted, That the Board of Commissioners for the Affairs ofIndia shall have full Power to superintend, direct, and control the Sale of the said Merchandize, Stores, and Effects, and other Property herein-before directed to be sold, and to determine from Time to Time, until the said Property shall be converted into Money, what Parts of the said Commercial Establishments shall be continued and reduced respectively, and to control the Allowance and Payment of all Claims upon the said Company connected with the Commercial Branch of their Affairs, and generally to superintend and control all Acts and Operations whatsoever of the said Company whereby the Value of the Property of the said Company may be affected; and the said Board shall and may appoint such Officersas shall be necessary to attend upon the said Board during the winding-up of the Commercial Business of the said Company; and that the Charge of such Salaries or Allowances as His Majesty shall, by any Warrant or Warrants under His Sign Manual, countersigned by the Chancellor of the Exchequer for the Time being, direct to be paid to such Officers, shall be defrayed by the said Company, as herein-after mentioned, in addition to the ordinary Charges of the said Board.
To continue reading
Request your trial