(3)-Report. Guatemala, October 20, 1851. By the Constitution of 1839, the public exercise of all religions in Honduras was protected by the Government; but that Constitution was superseded by the Constitution of 1848, which withdrew the privilege. There are no Protestants in the State of Honduras; and, consequently, the want of a separate Burial Ground is not felt. Viscount Palmerston, G.C.B. FREDK. CHatfield. [See CENTRAL AMERICA. Page 195.] INDIA. ACT of the British Parliament, "to remove doubts as to the validity of certain Marriages had and solemnized within the British Territories in India." (Cited in Indian Act, Page 540.) [58 Geo. 3, Cap. 84.] [June 5, 1818.] WHEREAS doubts have arisen concerning the validity of marriages which have been had and solemnized within the British territories in India, by Ordained Ministers of the Church of Scotland as by law established: And whereas it is expedient that such doubts should be quieted, and that the law respecting such marriages should be declared for the future; be it declared and enacted, and it is hereby declared and 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 authority of the same, that all marriages heretofore had and solemnized, or which shall be had and solemnized within the said territories in India, before the 31st day of December now next ensuing, by Ordained Ministers of the Church of Scotland as by law established, shall be, and shall be adjudged, esteemed, and taken to have been, and to be, of the same and no other force and effect as if such marriages had been had and solemnized by Clergymen of the Church of England, according to the rites and ceremonies of the Church of England, and that from and after the said 31st day of December now next ensuing, all marriages between persons, both or one of such persons being members or member of or holding communion with the Church of Scotland, and making a declaration to the effect hereinafter mentioned, which marriages shall be had and solemnized within the British territories in India, by Ordained Ministers of the Church of Scotland as by law established, and appointed by the United Company of Merchants of England trading to the East Indies to officiate as chaplains within the said territories, shall be, and shall be adjudged, esteemed, and taken to be, of the same and no other force and effect as if such marriages were had and solemnized by Clergymen of the Church of England, according to the rites and ceremonies of the Church of England: provided always, that from and after the said 31st day of December, no such marriage as aforesaid shall be had and solemnized, till both or one of such persons, as the case may be, shall have signed a declaration in writing, in duplicate, stating that they, or he or she, as the case may be, are or is members or member of, or holding communion with, the Church of Scotland by law established. II. And be it further enacted, that the minister by whom such marriage shall be solemnized, shall, immediately upon the solemnization thereof, certify such marriage by a writing under his hand in duplicate, subjoined to, or indorsed upon, the declaration in duplicate herein before mentioned, specifying in such certificate the names and descriptions of the parties between whom and of the witnesses in whose presence the said marriage has been had and solemnized, and the time and place of the celebration of the same; and such certificate in duplicate shall be also signed forthwith by the parties entering into such marriage, and by the witnesses to the same; and the minister officiating shall deliver one duplicate of such declaration and certificate to the persons married, or to one of them, and shall transmit the other duplicate of such declaration and certificate to the Chief Secretary of Government at the Presidency within which such marriage shall have been had and solemnized. ACT of the Government of India, against the hire of Natives as Labourers in a British or Foreign Colony. May 27, 1839. Act No. XIV, of 1839. I. It is hereby enacted, that Acts No. 32, of 1837, and No. 5, of 1837 be repealed on the 1st day of July next. II. And it is hereby enacted, that on and after the said 1st day of July next, every person who shall make with any native of India any contract for labour to be performed in any British or Foreign colony without the territories of the East India Company, or who shall knowingly abet or aid any native of India in emigrating from the said territories for the purpose of being employed as a labourer, shall be liable, on conviction before a Magistrate or Justice of the Peace, to a fine not exceeding 200 rupees for every native so contracted with, aided or abetted, and in default of payment of such fine, shall be liable to be imprisoned for a term not exceeding 3 months. III. Provided always, that nothing in this Act contained shall be taken to apply to any native seaman who shall of his own free will contract to navigate any vessel, or who shall embark on board such vessel in pursuance of such contract, or to any person who shall contract to serve as a menial servant only, or who shall embark as such menial servant. ACT of the Government of India, relative to the extension of the Privileges of British ships to ships belonging to Native Princes. July 5, 1841. Act No. X, of 1841. I. Whereas, by a Statute passed in the 3rd and 4th years of Her Majesty Queen Victoria, entitled "An Act to regulate the trade of ships built and trading within the limits of the East India Company's Charter," it is enacted "that it shall be lawful for the GovernorGeneral of India in Council, by proclamation, to declare that all ships or vessels built or to be built within the limits of the charter of the East India Company, being owned by Her Majesty's subjects for whom the said Governor-General in Council has power to legislate, and belonging, under the regulations hereinafter provided for, to any ports in the territories under the government of the said Company, shall be deemed to be British ships for all the purposes of trade within the said limits, including the Cape of Good Hope, and the territories and dependencies thereof; provided that upon such declaration being made, the said Governor-General in Council shall, and the said Governor-General in Council is hereby accordingly empowered to make regulations, to be enforced by suitable penalties, concerning the registering, licensing, and ascertaining the admeasurement of the tonnage and burden, and generally for the trading within the limits aforesaid of such ships or vessels." And whereas it is further enacted in the same Statute as follows, that is to say, "And whereas it may be expedient to admit to similar privileges and advantages, any ships or vessels belonging to native princes or States in subordinate alliance with, or having subsidiary Treaties with the East India Company, or owned by subjects of any such Princes or States: be it therefore enacted, that the Governor-General of India in Council may by such regulations as aforesaid, such regulations being subject as aforesaid, admit to the privileges and advantages of British ships, for the purposes of trade within the limits of the charter of the said Company, including the Cape of Good Hope, and the territories and dependencies thereof, or to any of such privileges and advantages, any ships or vessels belonging to such Princes or States, or any of them, or owned by subjects of any such Princes or States; but any such regulations shall provide for the granting to such ships or vessels fit and convenient Licences or Passes and generally for the trading within the limits aforesaid of such ships or vessels." And whereas, in pursuance of such enactments, it is expedient to frame such regulations as are mentioned therein, the compliance with which shall be required in order that ships or vessels may be deemed British ships, or be admitted to the privileges and advantages of British ships under such proclamation as aforesaid. It is enacted, &c. XXIV. And it is hereby enacted, that when any ship or vessel duly registered under this Act or sailing under the British Navigation Law, shall come to be owned by a native prince or state, or by any subject of such native prince or state as aforesaid, it shall be lawful for the Governor of Fort William in Bengal, or for the Governor in Council of any Presidency, to continue to such ship or vessel the privileges and advantages of a British ship for the purposes aforesaid by a Pass to be issued under the Company's seal and subscribed by a Secretary to Government, stating the voyage or voyages for which the same is to have effect, and the period for which it is to last; and it shall be lawful for the Governor of Fort William in Bengal, or the Governor in Council of any Presidency, to issue a similar pass conferring the privileges and advantages of a British ship, for the purposes aforesaid under this Act, to any ship or vessel built within the dominions of such native prince or state, and owned by such prince or state, or by any of their subjects, provided always, that the ships belonging to native princes or states, or their subjects, in respect of which Passes may be granted under this Act shall, during the voyage or voyages, or the period for which any such Pass shall be granted, be commanded by a subject of Her Majesty for whom the GovernorGeneral in Council has power to legislate. ACT of the Government of India, relative to the Emigration of Act No. XIII, of 1847. I. WHEREAS by Act XIV of 1839, it was enacted, that every person who should make with any native of India any contract for labour to be performed in any British or Foreign colony without the territories of the East India Company, or who should knowingly abet or aid any native of India in emigrating from the said territories for the purpose of being employed as a labourer, should be liable on conviction before a Magistrate or Justice of the Peace, to a fine not exceeding 200 rupees for every native so contracted with, aided or abetted, and in default of payment of such fine, should be liable to be imprisoned for a term not exceeding 3 months: Provided always, that nothing in that Act contained should be taken to apply to any native seaman who should of his own free will contract to navigate any vessel, or who should embark on board such vessel in pursuance of such contract, or to any person who should contract to serve as a menial servant only, or who should embark as such menial servant: *See Page 521. And whereas the Island of Ceylon, geographically, historically, and socially considered, is analogous to the countries subject to the Government of the East India Company: It is hereby enacted, that Act XIV of 1839, in so far as it makes liable to penalties every person who shall make with any native of India any contract for labour to be performed in the said island, or who shall knowingly aid or abet any native of India in emigrating from the territories, subject to the Government of the East India Company to the said island, is repealed. II. But whereas the said island is not subject to the legislative power of the Governor-General of India in Council, so that the said Governor-General in Council is unable to make laws for the protection of such natives of India as may emigrate to the said island, against the evils which might attend the emigration of such natives of India from the said island, to any British or Foreign colony. It is therefore hereby enacted, that this Act shall not come into operation until the Governor-General of India in Council shall be duly certified that the legislature of the said island has made such laws as the said Governor-General in Council shall think sufficient, for the protection of such natives of India so emigrating to the said island against the evils aforesaid, and shall notify in the "Gazette" that he has been so certified. ACT of the Government of India, relative to Copyright in Books, December 18, 1847. AN ACT for the encouragement of Learning in the Territories subject to the Guvernment of the East India Company, by defining and providing for the enforcement of the right called Copyright therein. Act No. XX, of 1847. WHEREAS doubts may exist whether the right called copyright can be enforced by the common law of England in those parts of the territories subject to the Government of the East India Company into which the common law of England has been introduced: And whereas doubts may exist whether the said right can be enforced by virtue of the principles of equity and good conscience in the other parts of the territories subject to the Government of the East India Company: And whereas, for the encouragment of learning, it is desirable that the existence of the said right should be placed beyond doubt, and that the said right should be made capable of easy enforcement in every part of the said territories: And whereas it is doubtful whether the Act of Parliament 5 & 6 Vict., c. 45,* intituled, "An Act to amend the Law of * See Vol. 6, Page 478. |