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by his own authority, to exhibit a bill in the Exchequer against any persons trading, dealing, trafficking, or adventuring at any time after the 24th of June 1721, in, to, or from the East Indies, or parts aforesaid, contrary to law, or against any person concerned as agent, factor, or co-partner with such illicit traders, for discovery of such their trade, and for recovering such duties and damages as are therein after-mentioned; waving in every such bill, all the penalties and forfeitures incurred by such persons for the matters in such bill contained; and such persons should answer the said bill, and not plead or demur to the discovery thereby sought, and pay to his Majesty the customs and duties of the goods and merchandise arising, produced or purchased by the said unlawful trade, and should answer and pay to the Company for the same, £30 per cent. according to the value thereof in England.

By another act, passed in the 17th year of King George II. intitled, An act for granting to his Majesty the surplus or remainder of the monies arisen or to arise by the duties on spirituous liquors, granted by an act of the last Session of Parliament, and for explaining and amending the said act in relation to the retailers of such liquors, and for establishing an agreement with the United Company of Merchants of England trading to the East Indies, it was, among other things, [422] enacted, that the said Company should have and enjoy the sole and exclusive trade and traffick, and the only liberty, use, and privilege of trading, trafficking, and exercising the trade or business of merchandise in, to, and from the East Indies, and in, to, and from all the islands, ports, havens, coasts, cities, towns, and places between the Cape of Good Hope and the Streights of Magellan, in the before-mentioned act of the 9th year of King William III. or in the said charter of the 5th of September, in the 10th year of his reign, mentioned, in as ample manner as the said Company could thereby or otherwise lawfully trade thereto; and that the East Indies, islands, ports, towns, and places within the limits before-mentioned, should not from thenceforth, at any time before the determination of the Company's sole trade to the East Indies, and which was thereby declared not to be determinable till after three years notice by Parliament, after the 25th of March 1780, and repayment to the said Company of the capital stock and arrears of the annuities therein mentioned, be repaired or sailed to, visited, frequented, or haunted by any other of the subjects of his Majesty, his heirs or successors; and, if any of the said subjects of his Majesty, his heirs or successors, of what degree or quality soever, other than the factors, agents, and servants of the said Company, or such as should be licenced by them, should at any time or times thereafter, before such determination of the said Company's sole trade, directly or indirectly, sail, or go to, visit, haunt, frequent, traffick, trade or adventure in, to, or from the East Indies, or other the limits before-mentioned, contrary to that act, such offenders should forfeit all the ships and vessels employed in such voyage, trade, or adventure, with the guns, tackle, and furniture thereunto belonging, and also all the goods laden thereupon, or that should be sent to, acquired, traded, trafficked, or adventured with in the East Indies, or parts aforesaid, and all the proceeds and effects of the same, and double the value thereof, which penalties and forfeiture should be sued for, seized and distributed in the manner by the said act of the 7th year of George I. directed, concerning the penalties and forfeitures in that act mentioned, or referred to, with respect to the said Company, or their trade in the East Indies and it was thereby further enacted, that the said Company should at all times thereafter for ever, subject as therein mentioned, enjoy all the profits, benefits, advantages, and privileges, which by any former acts or charters founded thereupon were enacted, given, and granted to them, not by the said act altered; and the same were thereby ratified and confirmed.

On the 6th of November 1759, the appellant entered into the service of the East India Company, as their factor and covenant-servant at Fort William in Bengal, in the East Indies; and soon after went over in that capacity from England to Bengal, and continued in such service in Bengal, till the 24th of November 1766, on which day he having, by a letter, dated the 10th of the same month, addressed to the Governor and Council of Fort William, desired leave to resign the service; the Governor and Council [423] agreed, that such his application to resign should be complied with and accepted.