Page images
PDF

want of grain, but as a caravan route, this seems not inferior to the Golairee pass, and only to have been deserted of late years; and at the present hour is used by couriers Cossids to bring speedy information to and from India. From Dera lsmael Khan, north to Pesha. wur, there is no direct traffic. The roads are bad, the people are predatory. From Dera Ghazee Khan, south by Dajel and Her and, there are roads leading over low hills to Bag Dadur, and the Bolan pass, which have been used by large Caravans within these 25 years. Dera Ghazee Khan, indeed, and shikarpoor, as l stated when writing on that mart, are always spoken of by the people, as two gates of Khorassan.

Dera Ghazee Khan described.

4th. In a neighbourhood so advantageously situated, the merchant exports the native productions of the soil with profit, and the manufacturer converts them, and the imports from other countries into cloth which accompanies these and the foreign goods that pass through it in transit. Dera Ghazee Khan itself is a manufacturing town, but it is surpassed by Multan and Bhawulpoor, which are in its neighbourhood ; on these two marts I shall be silent, as their commerce has engaged the attention of Lieutenant Leech, whose reports will convey every and the fullest information of Dera Ghazee Khan. I need only speak at one time, its trade with the west and even with east, was brisk,and though it does not now exhibit its former prosperity, from the great influx of British goods, its native manufactures are yet healthy and thriving. It is celebrated for its goolbuddens and duriaees, or striped and plain silken cloths, which being sought for, and admired, are yet annually exported to Lahore and to Sinde, and considered to surpass those of every other country. To the east it sends its silks, deriving the raw material from Bokhara, and the west. To the west it sends its cotton, and the greatest of its exported

about one lac of rupees in value. . The dye is inferior to that procured in Bhawul Khan's country, but it is cheaper and has a ready sale ia Cabool and B okhara, besides being nearer at hand. The cotton of Dera Ghazee Khan is superior, being soft in staple, 25,000 maunds are procurable, it is at present exported. Sugar is cultivated, but in small quantities, and only of late years--The place is rich in grain, the wheat and barley are superior, but the rice is red and indifferent. The Price of grain in June 1837, was as follows, the currency being that of Shooja Ool Moolk, and much the same as the Company's rupee, and the maund as that of Shikarpoor already described.

[ocr errors][merged small][merged small]

manufactures,is coarse white cloth, which is sent to Khoras san, and yet stands its ground with English cloth, as far as demand goes, though far its inferior in quality. The demand for British calicoes has decreased by one of this year; on this account last year ; the sales effected amounted to 50,000 rupees, and for this, it is under 24,000. Chintzes of different descriptions, with soosee, basta, and some coarse loongees, complete the list. There are no woollen manufactures. The value of all these may amount to about one and a half, or two lacs of rupees, and the greater part is exported. A coarse kind of cutlery, swords, scissors, knives (such as are

all peopled by Mahomedans, and in the town of Dera Ghazee Khan the two tribes are about equal, there being in it 125 Hindoo temples and 110 mosques, great and small, every description inclusive.—The duties leviable in Dera Ghazee, on all sales of cloth are, i.

ues per rupee, which paid at the Custom-house (Chu

ootra)immediately o the transaction. This is called the old tax mohsool (qudeemee) and paid by citizens, —foreigners pay double.

Cammunication and Transits to and from Cabool, &e.

6th. Dera Ghazee Khan communicates with all the

used by sailors) is made at Dera Ghazee Khan and countries around it, by good roads except those to the exported. The bazar consists of about 1,600 shops; west, where it is necessary to qualify that term: a list of 530 of which are engaged in, weaving and selling cloth. the marts or places of note may not be useless, and I may 1 annex a list of them. The Town has a prosperous Refix, to it that goods of every description, quitting appearance, which is a together attributed to the protec-' Dera Ghazee Khan, pay an ad valorem duty of 2; pers. tion of Monsieur Ventura, who was lately in charge of cent. to Asnec, Hunund, Cutch Gaudava, Mitthen, this district, . It may have a population of 25,000 people. Shikarpool, Bhawulpoor, Khypoor, Ullah Yar, 11ydera. It is said to have been built by a Belooch about 300 bad, Mulian, Lahore, and Umrutsir, all merchandize years since, and its name long fluctuated between wheth: cloth or groceries, is taxed in this manner. But * Ghazee Khan,” and “Hajee Khan.” It was com- since the most important route in this line is that of the letely subject to the crown of Cabool, and fell into the great caravans to Cabool, I shall particularize the É. of the Sheiks, about 25 years ago. They farmed duties there leviable. At the outset, the first charge is as it to Bhawul Khan, who had no interest in protecting it, above. and his officers were guilty of gross extortion, but since

- - - - - Ad valorem. . . . . . . . . . . . . . . . 24 per cent. it was resumed in 1832, it has greatly recovered itself. At Sungur, per maund ..... 13 annas. Productions, Prices, Revenues of Dera Ghazee khan. A. §. i. camel. . . . § o: 5th., The country around Dera Ghazee Khan, is A. T. j. K. ditto... 2 ditto. very rich; the town is plesantly situated in a flat country A. S.ie. Khuel... ditto... 1 ditto. about four miles from the Indus, and surrounded by At Ghuznee, per camel...... 8 ditto. garden, and lofty trees; among which the late predomi-| \, . gate of Cabool “Goonates. It is said indeed that there are 80,000 date trees 'shi" or ear tax per camel. . . . . . 2 ditto.

around Dera. By far the most valuable production of

the place is Indigo, 2,000 maunds of which were this year exported to the west. I am informed that this is the full resource of the district. The best sort now sells for 65 rupees per maund, the next for 50, and the most inferior for 82, so that this export alone amounts to

Landed at the caravanseries of Cabool, one in forty is taken in pieces of cloth ; Indigo, and groceries are compounded for, at 20 rupees per camel load. This is the whole duty of the road. In csecting sales, a hrokerage of 1 per cent. is paid, and another rupee is expended in

caravansaria hire and porterage. On returning from

Cabool the duties are as follows on quitting the city.
Ad valorem. . . . . . . . . . . . . . . . 14 per cent.
At Drabund per muu of every

kind (ifto any but a Shikapooree,

the charge is 10 rupees)... . . . . . 6 rupees. At Dera Ghazee Khan per

mnn if advanced from this.... 10 annas. At Bhawul Khan's frontier

per camed. . . . . . . . . . . . . . . . . . 3 rupees.

At Bhawul poor (though the u-ual route here is via Multan). . . . . . 3 to 54 per cent. Nothing therefore is more complicated in appearance than these duties; and one is surprizell at the novel mode of weighing cloth and levying duties accordingly. The Hindoo merchant of Shikarpooree, it will be seen, has a great advantage over the Mahonedan, which arises from its being advisable to give encouragement to a great dealer. The luties in conveying gools to Khorassan are heavier than in returning, prol, obly from the greater value of the articles : the expenses of an investinent to, and from Dera Ghazee Khan, to Cabool, and Candahar, are rated at 35 per cent. the profit in excess is calculated at 25 per cent. an I this is generally realized. From Dera Ghazee Khan, to Drabund, 90 coss, the hire of a camal is 3 rupees; from that to Cabool, it depends upon the supply, varying from 20 to 30 rupees per head. Of Dera Ismael Khan, its Trade, Revenue, &c. 7th. Dera Ismael Khan, is in these parts next in importance to Dera Ghazee, but is is only a third of its size, and labours under disa Ivantages from its position. About 12 years ago, the town was washed into the Indus, and on a new site about three miles,from the river, the inhabitants have again fixed themselves. Till lately the place was held by a Mahomedan Chief, who lai out the new town with order and regularity, having wide streets and a good bezar, but the Sheiks posses-e themselves of Dera Ismael, a year ago, and are not likely to work out his plans of improvement, as yet the houses are built of sunburned brick, and the town has an deserted look, but it is said to be a place of much stir and bustle in the winter, when the Athgans return from Khorassan to its neighbourhood. There is a large caravansarai in it, where they transact their business and dispose of much of their goods, for Dera Ismael is their bazar town. It contains 518 shops, but there are no native manufactures here, as in the Lower Dera. The wool of the Lohanee sheep is not sold here, but in Cabool, where an agent. If dispatched, might procure the article in abundance, and, at the same time, the means of transporting it. The transit of coarse white choth fron the Punjab through Dera Ismael to Drabund is great, amounting to no less than 3,000 camel loads a year Each package contains about 600 yards of cloth, the guz and English yard being the same, so that we have an export of 1,800,000 yards of this fabric. It is manufactured at Mleeugana, Jung, &c. also at Rohan, and might be made in Britain. Most of these goods are crossed at the ferry opposite Dera Ismael, and pay much heavier duties than lower down; 23 rupees being ex acted on every maund of weight, while 7 to 10 annas is the demand at Kaheeree, which readily accounts for the caravans crossing at that ferry. The revenue of Dera Ismael Khan amounts to 44 lacs of rupees per aunum, of this 2 lacs and 8,000 are derived from the taxes and town duties from Kaheeree south, to Eesa Khyl north, and the rest from the lands subject to Dera Ismael Khan. Grain and the necessaries of life are more expensive than in the Lower Dera, the supplies are also received by the river from Murwut which is a grain country. Water Communications—Boat-hire. 8th. The Derajat, as I have stated lies along the Indus, and the advantages of the river are so obvious a even not to have escaped the people. The productives soil of Sungur, 59 miles to the north, under the hills from which that district is watered, supplies more wheat

[ocr errors]

and grain than is required, and it is therefore shipped for Dera Ghazee Khan, which contributes still further to keep down the price of provisions at the town. The salt of Kala Bagh a also used all along this line of the liver, and brought down by boats, but a few cargoes of it supply the population. The pilgrim boats likewise take in a little cargo, for which I find there is a regulated charge, but as this is unknown to Government, it may be considered a kind of sinuggling. So organized however is it, that a weight of 8 naunds may be sent down to the following rates—Dara Ghozee Khan to Mittheu 2 rupees, to Shikapoor or ltoree 5 rupees, to Sehun 7 rupees, to Hyderabad 9 rupees, and to Gora Baree 12 rupees, all this is indicative that there is a channel of trade by the ladus. The only instance however of upword communication, of a late date, is in a Shikarpooree merchant freighting a vessel with molasses or goor from Dera Ghazee, to Dera Ismael Khan, about four years ago, and bringing salt in return. The coll season was selectel, and the vovage performed in 15 days, the distance being about 160 miles ; the down ward voyage occupied four days. The speculation was profitable, and the same merchant has since forwarded goor to Shika poor. At the opposite season it may be as well to state, that the voyage from Mitthen to Dera Ismael Khan, was male in 19 days, during May and June. The road distance, is about 250 miles, perhaps a quarter more by the river, and as the swell is n 'ar its height, the result in a commercial point of view, is encouraging. In navigating the Indus above Mitthen it will not be omitted in the calculations of the merchant, that both men, and boats may be hired for one half the sum paid in Sinde. The contrary of this is stated in my printed work, and I am glad of an opportunity to correct the error after finding it out by actual experience. Cump at Attock, 5th August, 1837. This daz A R or dERA GH vale E kil AN ON THE is dux. Nos. of Shops.

Sellers of cloth. . . . . . - - - - - - - - . . . . 115 Sellers of silk . . . . . . - - - - - - . . . . 25 Weavers of white cloth - - - - - - - - ... . 128 Weavers of silk. . . . . . - - - - - - - - .... I 12 Cleaners of coitou . . . . - - - - - - - - . . . . 25 Sellers of cotton . . . . - - - - - - - - .... 17 Dealers in grain . . . . - - - - - ... . 219 Boot and shoe makers - - - - - ... 55 Ditto Hindoos. . . . . . - - - - - - - - . . . . 25 Cap makers . . . . . . . . --- - - - - . . . . 15 Tailors. . . . . . . . . . . . - - - - ... 50 Butchers. . . . . . . . . . - - - - . . . . 15 Dealers in vegetables.. -- - - - - . . . . 40 Dealers in fruits . . . . - - - - - - - - 32 Dealers in milk. . . . . - - - - - - - - . . . . 30 Confectioners. . . . . . - - - - - - - - ... 75 Cooks. . . . . . . . . . . . - - - - - - - - ... . 40 Hakeems . . . . . . . . . - - - - --- ... - 10 Grocers passaree . . . . - - - - - - - - . . . . .30 Dealers in ivory, glass, &c. inumyaur. . . . . .... 30 Black smiths . . . . . . - - - - - - - - . . . . 45 Cooper smiths. . . . . . - - - - - - - - . . . . 23 Jewellers . . . . . . . . - - - - - - - - ... . 60 Cutlers . . . . . . . . . . - - - - - - - - . . . . 12 Tinners . . . . . . . . . . - - - - - - - - . . . . 9 Shroffs. . . . . . . . . . . . - - - - - - - - . . . . .30 Saddlers . . . . . . . . . . - - - - - - - - . . . . 20 Washerman . . . . . . . - - - - - - - - ... • 50 Paintels . . . . . . . . . . - - - - - - - - . . . . 15 Dealer in tobacco and bang .. - - - - . . . . 30 Dealer in salt and mate .. - - - - . . . . 12 Pipe sellers . . . . . . . . - - - - - - - - . . . . 18 Paper sellers . . . . . . . - - - - - - - - . . . . 18 Shops shut up and consequently unknown .... 165

Total.. 1,597

Dera Ghazee Khan, June 13, 1837. Govt Gazette, Feb. 12.]

A PETITION TO

We have been informed, that a petition, very numerously signed. the signatures being native, has been recently, within the last day or two sent in to Government. The prayer of which is that measures be taken for the institution of schools to be devoted exclusively to the study of Sanscrit, as a foundation for the formation of one general language, consolidating or superceding the various dialects of Bengallee which now obtain. This petition, which has been handed over by Government to the Education Committee, is worthy, we understand, of serious attention, from the great numof its signatures, amounting, we are told, (for we have not seen it) to thousands, and must be taken therefore to be the expression of opinion prevalent with respect to the great evil now to be deplored, i. e. the want in Bengal of one fixed and generally understood language, having one known character and common to all classes of the inhabitants of this vast and fertile di-trict. The answer of the Government to this petition will be of much interest. Here is a clear admission that in the opinion of many, there is an absolute and crying demaud for a national language ; we presume, however, that the objects of the petitioners will uot be carried into effect; and for many reasons. The new language founded on the Sanscri, or rather regulated by it, and consisting as we presume it would of a consolidation of the Bengallee dialects, improved by a larger infusion of Sanscrit than is now traceable in the Bengallee, would be to the many an unknown tongue, and would be open to all the objections now raised against the Persian on this score and to more besides. The Persian is not an unknown tongue ; it is on the contrary as familiar as Hindoostanee, to a very large portion of the educated Ilindoos, and to all or almost all the Mahommelan subjects of Empire. To all that portion, in short, of the innabitants of the country likely from their position, rank and property to constitute the principal suitors in the Courts of Justice, or likely to be called on to fill situa. tions as officials in these Courts, The only class not likely to know Persian are the lower classes of traders, and the ryots, by far the most numerous, of course, but inasmuch as the new language proposed by the petiti. oners would be a sealed book to them, to the same extent that Persian now is, we do not see what they would gain by the change. And to the Mahon medan in. habitants, the substitution of the new language for Persian would be a positive evil, as great, as the present measure of Government, the substitution of the vernacular in Bengal for Persian. To the poorer class of the population of Bengal, we fear that the present state of education considered, the language of the Courts of Justice must for a long time to come, remain an unknown tongue, be it Persian, or be it an improved modification of the Bengallee on the Sanscrit model. We are told, moreover, that the people themselves if polled, would be found perfectly indifferent to the change. And that to the majority, the Roobicarry, &c. of a Court of Justice, is about as intelligible in Persian as it would be in Bengallee. The knowledge of the written language in the majority of the poor classes being confined to the limited, familiar an i colloquial phraseology, appertain. ing to the dealings and transactions of their particular calling—and comprehending necessarily but a small section of the words, expressions, and idiom constituting the language itself. That the result therefore of their evidence should be taken down in Persian in a Court of Justice, or written out in Bengallee or Oordoo must be, we suppose, a matter of indifference to them ; they must under any circumstances confide in the fidelity of the scribe, without having any control over his version of their deposition; and if the scribe be disposed to falsi

GOVERNMENT. ,

Bengallee as well as in Persian, the only difference being that he will be about three times as long in taking down the evidence in Bengallee, as it would have taken him to do it in Persian, with the additional advantage of there being fewer persons capable of understanding what he may have written. In either case the poorer classes, as it appears to us, gain nothing by the change. The proceedings are lengthened by it; the Mahommelan population alarmed and displeased at it , and the labours of the officials about trebled by it, and rendered less efficient withal. Under the present system, by which the exertions of the Civilian are taxed, beyond the power of performance in very many offices, all that he could do is to exercise an active supervision over his subordinates—for the most part of course natives—as it is, it would appear, that with all the brevity and simplicity of the Persian it is generally admitted, that he cannot check the propensities of his Umlah, &c. to deceive him, and the suitors. How, we will ask, will this supervision in the superior be carried on, when he shall come to have the proceedings of his Court, written in Bengallee or Oordoo ! by which his labours of inspection will be increased nearly threefold; and his attention will be called to instruments, and the minutes of the transactions of the day, written in a character inSUPREME COURT.

finitely more complicated than the Persian, and in which

in nineteen cases out of twenty, we will venture to say, and we speak on the information of persons well knowing the fact, the Civilian himself, is less well read than in Persian. The correspondent of the aurkaru, X. Y. Z. to whose letter the latter of these observations in some sort apply, has one singular enough argument, upon which he grounds his advocacy of the abolition of the Persian, i. e. that any deficiency, or onis-ions or mistakes in a Persian document may be concealed from the facility of changing one letter or phrase into another. Now if the credit of the functionary is to depend upon the falsifying of documents, at his pleasure or necessity, to answer the exigencies of a particular case, and that this system of substitution and forgery is the general rule of conduct of officials; it appears to us a matter of indifference in what language the proceedings of the Courts are carried on ; because roguery of this sort can be practised in any written character, whether written in a sort of short-hand like the Persian, or in good honest vernacular, such as English or Bengallee. And as the Bengallee character is less generally known than the Persian, we presume detection would be more difficult. This argument, however, if such it must be called, is surely an argument from a particular circumstance, to a general conclusion. Persian documents may have been falsified in some few instances; but the general rule we must presume is that they are not falsified ; and to make any thing of this argument it ought to be shewn, that public functionaries generally, are in the habit of concealing gross negligence, by the alteration of the proceedings of their Courts, after they have been registered and signed; and that the practice will be put a stop to only by the substitution of the vernacular for Persian, which vernacular cannot by the same falsifying process be made to exhibit the same result, i.e. the falsification of a document. This is, if we understand the correspondent of the Hurkaru, the amount of his argument in favour of the vernaculars; and we need not say, that to us it appears in the light of nonsence. We do not at all question, that under the the present system, the ends of justice have frequently been frustrated by designing officials; but that the usof the Persian is to be held the cause, we cannot admit—corruption must be laid to the door of the sys

fy evidence, he can write one thing for another in

tem, and not of the language. The mode of taking evidence alluded to by X. Y. Z., and liable, as he states, and we believe states truly, te so much abuse, is in itself vscious—a mere farce, by which it is pretended that the witness is examined coram judice, when in point of fact the deposition presented to the Judge, may or may not be the man's evidence. But this evil cannot be cured by the substitution of one language for another. A vivá tore examination by the magistrate would obviate this evil, but this the press of business does not admit of. The only check then is in the improved morality of the native scribe; which is not much affected, we pre

sune, by the character in which he writer, be it Bengallee, Persian or English. In conclusion, we will ask any body whom it may concern, how many Civilians or natives fit for emplyment, or capable of carrying on the current business of the country, can write a Roobicarry in the Bengal vernaculars For that is the question which inost presses at present, and is more germane to the measure of substitution then the query of the Hurkaru about Bengallee and the understanding of the “great bulk of the population.”—Courier, February 23.

Thumsday, Feb 1.

(Before sir Edward. Ryan and Sir J. P. Grant.)

CoNY Loll v. Poonoosonth UN Doss AND ANother.

In this case the bill stated that in 1818, three partners, Toolseram, Mohunloll and Seeteram, possessed establishments as bankers and traders at Patna, Calcutta, Mirzapote and Cossimbazar. The first mentioned partner was entitled to a six-anna share, and the other two, who were brothers, to the remaining ten anna share. Afer the death in 1818 of \lohun loll (who lest only a widow surviving a short time) the business was conducted by the two other partners. Seeteram died in 1820, leaving three sons, one of whoun died without leaving any widow or issue, and the other two, Pooroosoothun Doss and Narain Doss are the defendants in this suit. The survivor of the three original partners, died in 1821, leaving an only son, Conyloll, the present complainent, who attained his full age about 1830. The bill alleged fraud during the minority of Conyloll, misappropriation by the defendants of a sum amounting to four lacs, and a fal-ification of the partinership accounts, whereby a balance was fasely stated against the complainant. The prayer of the bill was that an account might he decreed, and the title of complainant declared to the original six-anna share of the partnership property.

A plea was filed by the defendant, setting forth an instrument bearing date January 1834, whereby the arties had agreed to a reference to three arbitrators. he plea further alleged that a prior parol agreement be. tween the parties, directing the payment of certain sums of money and settling the respective rights of the parties, was produced before the arbitrators, who made their verbal award, in February 1836, by which the above agreement was adopted and carried into effect as their solemn award.

This plea having been set down for argument, the case now turned entirely upon its validity.

Mr. Clarke and Mr. Leith for the defendants.It is difficult to conjecture what precise ground of objection is intended to be raised against the plea. This is, in effect, a plea in bar of a verbal award, made by arbitrators duly appointed; and Cor v. Macclesfield, in Dyer's reports, establishes the validity of a verbal award. Then the plea covers the whole bill, because the prayer of the bill is confined to the property which is the subject matter of the award. As to the prayer for a discovery, the right to a discovery is dependant on . title to relief and this plea expressly negatives such title.

The Advocate General for the complainant—The objection to this plea is matter both of form and substance. Although the bill distinctly alleges fraud against the defendants, these allegations are not met either by plea

or answer. It is quite immaterial whether the instruments set forth be called an award or a ralease; probably the latter term is more correct : but whatever it be, if fraudulent, it cannot be supported. Now fraud positively alleged in the bill, and not being positively contradicted by the plea, must be taken to be admitted. There ought to have been an answer positively negativing fraud. The case of Wright v. Proud, 13 Vesey, lays down the general principle that a transaction will be set aisde between parties standing in a certain relation to each other, as guardian and ward, or trustee and cestuique trust, whenever the transaction has arisen out of the influence of that relation. Such has been the case here, and such the relative position of the parties during the infancy of the complainant. But the case chiefly relied upon is Roache v. Morgon, 2 Schoales and Lefroy, where it was held that where fraud is alleged a release pleaded does not prevent the Court from decreeing a new account, unless the defendant by his answer fully meets the charge of fraud; and it is declared to be immaterial that the bill itself does not state the release. This brings the case preicsely within the analogy of the present. Mr. Cochrane on the same side.—It is a general principle, which requires no authority, that the right of parties cannot be barred either by a reference to arbitration or by release, until a full and true account has been rendered. Now it is admitted here that no account has been rendered at all. But further, a distinct and specific charge of fraud is made out. The books relating to the partnership accounts are alleged to have been tampered with and falsified and to contain fraudulent and forged entries, by means of which a balance is falsely made out against the complainant. Now these are the very books which were produced before the arbitrators, and upon which their award was founded. That award, therefore, must be void. The case of Helps v. Sproule, I Mylne and Keen, decides that a plea of a settled account is no bar, unless fraud is negatived, and according to Walker v. Simons, 3 Swanston, protection is to be extended after the party has attained majority until proper information has been obtained. Mr. Clarke, in reply.—The case of an award stands upon its own peculiar grounds, and is not touched by any of the arguments advanced or the authorities cited. It is to a certain extent equivalent to a judicial decision, Pitterson v. Peut, 3 Ark., and it is final and binding upon all the parties unless impeached by fraud and collusian on the part of the arbitrators. Now there is no presence or allegation whatsoever of such misconduct in this case. Sir E. Ryan–Would it not be a good ground for setting aside an award that it had been made upon the authority of false and fraudulent documents?

[blocks in formation]

Mr. Clarke–This is admitted. But in such a case it would be necessary to set forth all the particulars of the alleged fraud, and to connect them with the award The bill must be brought expressly to impeach the award and not attempt to get rid of it in this vague and indirect manner. How are the allegations of fraud, connected in any way with the award It does not appeal ‘on the face of these pleadings, but that all the circumstances of the case were fully before the arbitrators ; so that even if the books were falsified to any extent there might be other evidence produced before the arbitrators, quite sufficient to enable them to arrive at a just decision An award is of the same force as a judgment or deciee, and a plea of judgment recovered would surely never be held bad upon a simple suggestion- a vague assertion that there had been prior fraud. It would be necessary to connect that prior fraud with the subsequent judgment, and shew expressly how in influenced such judgment. That is not done here. From the circum. stances, therefore, of the present case nothing more can be inferred than the existence of fraud at some prior period ; nothing is shewn to affect the validity of the ..award. The Court, after a short consultation, postponed judgment.—Hurkaru, Feb. 2.

SATURDAY, Feb, 3 1838. . This was the last day of term, but the last cause

on the board having been heard on Friday, the Court ouly took common notions and rose at an early hour. Judgment has not yet been delivered in the appeal case from the Insolvent Court, and some other cases argued during the present term.

Mr. William White Burkinyoung, who arrived from England last week, was admitted an Attorney of this Court.

Monday, (this-day) is the first day of the sittings. At present fourteen causes have been entered on the Plea side, and one on the Equity side.

- Mosday, Feb. 5, 1838.

Before Sir E. Ryan and Sir J. P. Grant—Sittings after First Term of 1838.

John Lucas versus George Kallonias and othens.

In this cause a motion was made on notice on behalf of George Kallonias, one of the defendants, agninwhom an er-parte decree had been obtained, of the date of the 24th July 1837, for substitution of attornies without payment of costs, and also to set aside the erparte proceedings on payment of all costs by the defendant's solicitor. The motion occupied the court the whole day, and excited great interest.

Mr. Cochrane for Kallonias.

Mr. Prinsep and Mr. Leith for the solicitor, Mr. Shaw.

The Advocate General and Mr. Clarke appeared to represent the interests of Lucas, the complainant in the original suit, but were not heard on this motion.

Mr. Cochrane, in support of the motion, put in affidavits of his client and the correspondence which passed between him and his solicitor, Mr. Shaw, to prove f. and culpable negligence on the part of the latter. n the early part of the correspondence Mr. Kallonias appeared to be labouring under the impression that he was not within the jurisdiction of the Court, and that there was a conspiracy to draw him within it ; but it was alleged that at a subsequent period positive instructions had been given to the solicitor to put in an answer and proceed regularly in the cause. All the letters which passad on both sides were admitted, except two, alleged to have been written and sent by Mr. Kallonias, but

denied to have been ever received by the solicitor. Mr. Cochrane contended, that there was both direct and circumstantial proof of their receipt. Letters were read from the deputy post master general, and on affidavit of the Post Office peon, by which it appeared that two letters were received at the post office by the Dacca mail about the time in question, with the address named, and delivered accordingly. It was hoped that if these facts were made out to the satisfaction of the Court, the motion would be granted, and the defendant allowed to come in—and that the Court would not suffer him to be ruined without any dereliction of his own. The defendant was an ignorant man, unacquainted with the forms and technicalities of law, anxious to defend the suit, and furnished with a complete ground of defence, but barred therefrom entirely by an act over which he had no control.

Mr. Prinsep for Mr. Shaw, put in counter-affidavits of his client and of persons employed in his office, positively and expressly contradicting all the charges and especially denying the receipt of the two letters in question. It appeared, moreover, that several instances had occurred, and were specifically alluded to, where mistakes in the delivery of letters at Mr. Shaw's office had taken place. An offer of arbitration had been made to Mr. Kallonias, but rejected. As to his alleged ignorance of legal matters, it was proved that he had been in an attoruey's office. Collateral affidavits were also put in, contradicting some of the matters sworn to by Mr. Kallonias, and throwing discredit on his statements. Mr. Prinsep was proceeding to answer the case as regarded the charges of corruption and collusion, contained in the affidavit of Kallinias, and asked what possible motive could be assigned for the conduct attributed to his client. A wild notion that all the world is conspiring to injure a man, is frequently a forerunner and index of incipient insanity

The Court here intimated that as the only point in the case related to alleged neglect on the part of the solicitor, the charges of corruption must be abandoned.

Mr. Prinsep then went over the correspondence between the parties. The earlier instructions are so vague and contradictory that no one could safely act upon them. First, the party directs that the jurisdiction should be pleaded in bar ; then that no answer -hould be put in at all ; afterwards, that his solicitor should wait until he received further instructions. Nothing definite is contained in any of the letters admitted to have been received. As to the two missing letters, it is not denied that they may have been written, but only that they have ever been received. An agent is not to be mulcted in heavy costs because his client's letter has miscarried. But further, no proof is given of the identity of the letters sworn to have arrived obout the time in question by the Dacca mail. Again the circumstance of an arbitration having been offered and rejected, is a strong presumption that the present application is not made in good faith. Surely the ‘ourt will not grant such a motion as the present upon such slender and unsatisfactory grounds. Mr. Leith, on the same side, was not called upon.

Mr. Cochrane, in reply, admitted that the only point to which the case was now reduced, had reference to the receipt or non-receipt of the two letters in question. The evidence is sufficient to establish their delivery and receipt. If they had not been received, surely the solitor would have written to enquire the cause of the delay, especially when the consequences to his client were so momentous. The case is not one merely of oath against oath—the whole line of transaction, the whole internal evidence of the case, bear out the statement of Mr. Kallonias. It is not a very usual thing for a single letter to miscarry by the general post, and it is a very strange coincidence that these two important letters should be successively lost. Again, it is a suspicious

« PreviousContinue »