RAMDHYAL BUCKET V. RAMHET BUCKET AND OTHERS. The particulars of this case are reported in the Hurkaru of February 7th. The action was brought to recover the sum of 1,000 rupees for money lent. Judg. ment had been obtained by default against some of the defendants, and the case was heard ex-parte against the others, last term. A verdict was then obtained for the amount claimed and judgment entered up, but no notice of assessment of damages having been given to those of the defendants who had allowed judgment to pass by default, the court intimated the next day that the plain tiff could take nothing by his judgment. WILLIAM BARRETT V. WILLIAM TULLOH FRASSA, Mr. Grant opened the pleading. This was an action for an assult, and the defendant had pleaded the general issue. Mr. Clarke stated the case. clerk in the Calcutta Lottery office, and the defendant is The plaintiff is the head a partner in the firm of Messrs. Moore and Hickey, auctioneers. Some time since, the plaintiff purchased a lot of shawls by auction, and gave them in custody to the sircar at the auction room, to be put aside until removed. On inquring for them subsequently, he discovered that one of the most valuable was missing, and an inferior shawl substituted. This matter he represented to the defendant, requesting that the shawl might be restored, or The Advocate-General and Mr. Cochrane for the plain- both alternatives, saying that no exchange of shawls had the purchase cancelled altogether. defendant declined The case was again heard ex-parte to-day, and the damages were now assessed upon due notice. tiff. ROBERT WALKER V. THOMAS REEVES. Mr. Prinsep opened the pleadings. This was an action in trespass, for pulling down and destroying plaintiff's wall, and throwing the bricks upon his premises, and committing other violence. The defendant had pleaded the general issue to all the trespasses except the demolition of the wall, which he justified upon the ground that his windows were ancient windows, and the plaintiff by building the wall had obstructed the light. The replica tion traversed the averment that the wall obstructed the light, and also that the windows were ancient. The Advocate-General stated the case. These parties lived in adjacent dwelling-houses. From the windows in question, which overlooked plaintiff's premises, defendant's servants had been in the habit of throwing rubbish, against whic's nuisance plaintiff had remonstrated in vain. He accordingly built this wall for his own pro tection and defendant, with the aid of his servants, had taken upon himself forcibly to distroy it, and to throw the bricks about on the plaintiff's premises, by which the servants of the latter had been materially injured. It would be for the other side to prove that the windows were ancient, and if they succeeded, the question would still remain whether the wall was built high enough to obstrust the light. The learned counsel submitted that it would be necessary for the defendant to shew also some ownership in the house, in order to give him a right to abate the alleged nuisance. From the cross examination of the witnesses called for the plaintiff himself, it appeared that the windows were ancient windows, i. e. existing more than twenty years, and that the wall was of such a height, and placed in such a position, as to cause an obstruction to the light. This was of course sufficient to establish the defendant's justification; but the pleas having unnecessarily taken issue on certain allegations on which the plaintiff would be entitled to a nominal verdict. The court suggested that it appeared a fit case to be referred to the arbitration of some gentleman at the bar. After some discussion this was agreed to. The hesitation on the part of the defendant arose from the circumstance that there were other parties not on the record, who were interested as partners of the defendant. These parties had commenced actions on tire case against the present plaintiff for obstructing the ancient lights, and the decision of the court could only bind those whose names appear as parties on the record. The Advocate-General and Mr. Prinsep, for the plaintiff. Mr. Clarke and Mr. Leith for the defendant. Verdict for the plaintiff for nominal damages, subject to reference of all matters of dispute between the parties. Costs of the action, and of the award to be within the taken place, and that he would sooner trust the word of his sircar than of the plaintiff. Upon this, the plaintiff being irritated replied, that the auctioneers seemed to keep sircars for the express purpose of cheating their cus tomers! Defendant thereupon struck plaintiff a violent blow over the eye, insomuch that he was unable to attend to his business for some time, and was obliged to call in medical aid! The learned counsel said that the case was one of importance to the public. Tradesmen were not to be permitted with impunity to insult their customers, by insinuations against the truth of the assertions, and then follow up insolence by committing an outrageous assault. Mr. Darling, of Messrs. Moore and Hickey's establishment; called as a witness. Defendant was standing at his desk at the time. There was a rail between him and plaintiff. The latter used abusive expressions, and found fault with the smallness of the establishment and of the bad management. The shawl in question had been knocked down for forty rupees; the difference be tween the two shawls was that one was a native shawl, the other a company's ; can swear that he saw no blow struck, and that the defendant's fist was not clenched The defendant motioned the plaintiff away with his hand. and, in doing so, he might have patted him on the face. Mr. H. S. Mercer attended the plaintiff. His eye was slightly ed, and he complained of a head-ache. Hickey were called, and deposed that the defendant did Two natives in the employment of Messrs. Moore, and strike the plaintiff, but it was with his hand open, while waving him back, and saying to the durwan, turn this man out." Mr. Clarke then said, that it would be useless for him to call any more witnesses, as they were all evidently, hostile. The Advocate-General (with whom was Mr. Leith, for the defence), submitted that no assault had been proved. It is true that the slightest blow or touch is an assault in law, but it must be done with an intention to assault. Sir Edward Ryan said that the court was of opinion that an assault had been proved, but that the case was a very trumpery one, and the smallest coin would be a sufficient recompense. Damages, ONE ANNA.-Hurk. March 24. MONDAY, MARCH 26. Sir J. P. Grant sat alone in Court this morning, and intimated to the bar that all motions, except motions of course, should stand over. The absence of the Chief Justice is occasioned by a recent domestic affliction. Two ex parte cases, and one defended cause,still remain on the common law board. There are no causes remain TUESDAY, MARCH 27. (Before Sir J. P. Grant.) IN THE MATTER OF and a native doctor. suits and actions between the parties, an also a reference to arbitration.] The court inquired what was the object proposed by all this cross examination. The defendant's counsel replied, that it was to im Mr. Prinsep had moved the court yesterday for peach the testimony of the witnesses, and to shew that a commission de lunatico inquirendo in the case of these entries were false and fraudulent altogether. a certain party, a Hindoo, alleged to be of unsound mind. This person eppeared to be connected with some weal-defence) addressed the court. Mr. Prinsep (with whom was Mr. Leith, for the thy native families, but the only affidavits on which tirely on the credibility of the witnesses, and it is on This case depends enthe application was made, were those of a khansamah that account that matters apparently irrelevant have been gone into. One witness said that the knew nothing of the action formerly brought by the present defendant, while another proved that he was waiting in court with the former on subpoenas to give evidence in that very action. The present claims were utterly fictitious. The defence was not in the nature of a plea of payment or set-off, which would be inadmissible on the present pleadings, but it is founded on the suspicion and fraud presented by the transaction. Former actions and arbitrations have been instituted between the parties, and it is for the court to consider whether the setting up of pre-existing cross-demands long after the prior disputes had been settled is not a circumstance of strong suspicion. It is pretended that these entries were sigued by the defendant, but it will be proved that he is scarcely able to read or write at all. Sir J. P. Grant, this morning, said that stronger grounds must be shewn before a commission could be directed. The court would exercise a species of discretion and control, like that vested in a Grand Jury. This party was connected with wealthy families, yet the only affidavits were those of a khansamah, and a native doctor. The learned judge did not intend to imply that these deponents had not sworn to the real truth, but the former was in an inferior station of life, and of the latter the court had no means of judging concerning the education, experience or competency. There ought to be adduced the evidence of some relative or near conDexion, or else of a European medical practitioner, visiting the party for the purpose of examining his state of mind. His Lordship said, that he should adopt the course which he used formerly to pursue at Bombay, and take examinations in such matters at chambers, that the private affairs of the party might not become matter of public notoriety. DWARKANAUTH TAGORE versus ARCHIBALD BRYCE. This was an action of debt on a promissory note, and was struck out of the board by the plaintiff's attorney. Two ex-parte cases were heard. These actions were brought to recover the amount of attorney's fees. The Advocate-General and Mr. Leith for the plaintiff. There are no causes remaining on either the common law, or equity hoard.-Hurk. March 28. FRIDAY, MARCH 30. SITTINGS AFTER 2D TERM-PLEA SIDE. (Before Sir E. Ryan and Sir J. P. Grant. Sir E. Ryan said, that the grounds of defence apthe present claims had been adduced before arbitrators, peared inconsistent. At one time it was alleged that and, consequently, already settled, which, however, admitted their genuineness, and at another time it was attempted to impeach them altogether. Mr. Prinsep said, that these claims had been advanIced before, but were then rejected, and that they were now urged again with the fresh aids of pretended signatures, and fictitious witnesses. He submitted that the whole case was one of fraud and imposture. arbitrators, was called as a witness, and the question A Mogul horse-dealer, who had been one of the was put whether the entries in question had been seen by him before, and whether they were now in the same state. The Advocate-General objected to this question, on the ground that the award, if relied upon, ought to have been specially pleaded. Sir E. Ryan.-An award certainly cannot be relied on in bar of the action, as a settlement of all disputes between the parties, unless pleaded specially. But SHAIR MAHOMED MASOON AND ANOTHER versus HAJJEE this question is put with a totally different object, and RUJJUB ALLY. Mr. Clarke opened the pleadings. This was an it is quite competent to use the evidence as a presumpion of fraud, and to prove that the debt never existed. The above question was then put to this witness, and another Mogul witness, and they both swore that certain when they had first seen them. These witnesses were subjected to a rigorous cross-examination with the view of impeaching their evidence, and shewing discrepancies. n the testimony of one and the other. action on the common counts, to recover two sum3, amounting together to Rs 2,334 with interest. The Advocate-General stated the case.. The plain-terations had been made in the entries since the time tiffs are merchants and general dealers, and have been in the habit of lending different sums, and sending good at different times, to the defendant. In 1836 the defendant signed written acknowledgments of the sums in question being due, these acknowledgments were ap. pended to certain entries and statements of accounts between the parties. A Moonshee was called to prove the writing and signing of the acknowledgments of the debt. replied in a speech of considerable length, and great The Advocate-General was then called upon, and acuteness, in which he endeavoured to reconcile the evidence adduced for the plaintiffs and to show the improbability of the tale which the defendant had set up. The sircar of the plaintiffs deposed, that he had kep their accounts for several years, that they had had several learned advocate in his address, had urged every thing The court, after a short consultation, said, that the dealings with the defendant, and that he had acknowledged these debts due. for his client's case that could possibly be said in its Of the plaintiffs, who are partners, one resides at Calcutta and the other at Mad support, but their opinion remained unchanged, and ras. The defendant, a short time since, obtained a decree there must be a verdict for the defendant. This opinion against one of the present plantiffs, and property wa was founded chiefly on the discrepancies in the evidence seized in execution under it. [This witness was crossof the plaintiffs, own witnesses. Besides, the matter of examined at considerable length, in reference to othe. I meant to say that the whole was an ideal and fictitious the arbitration could not be got over, unless the plaintiffs scene, invented from beginning to end for the purposes cause (standing next on the board) a verdict should be of the present defence. The plaintiffs now supported entered by consent for the plaintiff, subject to a refertheir case by more than one witness, and yet they had ence to arbitration. not pretended to shew that one of their witnesses had been called when the same claims were before the arbitrators. Verdict for the defendant. This case occupied the court the whole day. There was a vast amount of contradictory and cross swearing, and perjury on one side, if not on both. Mr. Clarke for the defendant was instructed to consent. Verdict for the plaintiff, subject to reference, The court, on rising, intimated that to-morrow, Saturday (this day) common motions only would be taken? and that their Lordships would not sit until twelve o'clock. The Insolvent Court sits to-morrow (this-day.) HURRYLOLL TAGORE versus SHAMYLOLL TAGORE. INSOLVENT DEBTORS' COURT. In the Insolvent Court this-day Mr. James Ambrose was brought upon his petition. There was no notice of opposition, but the Chief Justice observing fourteen creditors on the schedule who had not been served with notice of this application, adjourned the hearing to the next court day, parties to be served in the meantime.—In the matter of Peter Foster, application was made to amend the schedule and to insert therein the names of several creditors. But the Chief Justice remarked that this was by no means a matter of course, this being the day of hearing, the application should have been made previously, and the more so, the insolvent not being in jail. The assignee stated it was very difficult to obtain information from the insolvent regarding his state. The Chief Justice refused to make the order, and the matter stands over. In the matter of James Black a third dividend of ten per cent. was declared; in the matter of Captain Battley a fourth and final dividend was declared of sixteen per cent.- Major Ousely was discharged from the responsibilities of assignee to the estate of Fergusson and Co.- Hur. karu, March 5. SUDDER REVENUE BOARD. CIRCULAR ORDERS. STATISTIC REGISTER. know this, and it was requested that the information should he supplied in future. No. 18, A HEADING FOR THE The Sudder Board have informed the commissioners The letter of Mr Secretary Thomason, dated the 4th for the divisions of Chittagong, Bhaugulpore, Dacca and September 1831 (says Mr. Halliday), prescribed a Assam, that the Deputy Surveyor General has instructed statement of appeal to commissioners on summary suits; the surveying officers employed in their divisions to com- this statement not having been prescribed to commis. municate with the commissioners on the subject of a sioners by the resolutions (approved by Government) of proper heading for the statistic registers, as it is probable the statement committee, the orders of 1832, regarding that local circumstances may require some modification it must be virtually abrogated. It will not, therefore, be of the form in use in the Western Provinces. The com- necessary to furnish such a statement, and the Deputy missioners have been directed in communication with the Governor has requested that the orders regarding it Deputy Surveyor General, to determine what native do-issued by the Board to the commissioners, may be recuments should be supplied by the surveyor to the set-called. tling officers. The board wished to know whether a The Board have circulated the above orders among khusrah and kheetteonee Asameervar may not be suffi- the commissioners of revenue, directing them to furnish cient. The khusrah might (says the board) be prepa- the acquired information, and to observe from the latter red in the form described below, the measurement columns paragraph, that the return of appeals of summary suits, being filled up by the native surveyors, and the remain-preferred against the decision of the collectors, and der supplied by the deputy collector, or other officer of their subordinates, need no longer be submitted, the revenue department who accompanies the party. The suits (says the Board) referred to the Civil Court, should be entered in the figured columns with the dicided cases "as disposed of," and the number thus referred rent should also shew the date of the oldest suits pending at the end of the quarter. By an extract from a letter from the secretary to the Government of Bengal in the revenue and judicial departments, that it is not to be gathered from the statements now supplied, how long is the average time taken by summary suits from institution to final decision. It is The Board have also desired the commissioners to direct the several collectors to transmit their respective returns, immediately the quarter has expired, so that they may reach the Board's office at the latest by the 20th of the succeeding month any deviation from these orders (says the Board) will be seriously noticed. NO 20.-REGARDING DEPUTY COLLECTORS UNDER REGU The Board have desired the commissioners to report duties of a Deputy Collector, under regulation IX, of 1833, may occur, whether by death or leave of absence. IMPORTANT TO GRANTEES. Our readers must have observed the report of the case of Moonshee Mahommed Ameer versus Mr. McDougall, published in our paper of the 5th instant, regarding an No. 21. From an extract of a letter from Mr. alleged claim to a portion of Soonderbun land in the officiating secretary F. J. Holliday, dated the 30th possession of the defendant. The Principal Sudder January 1838. It appears that his honor the Deputy Ameen entertained the case against all the arguments Governor has reason to believe that the rule laid down in urged on the defence. The consequence is, that the Mr. Secretary Mangle's letter of the 12th July 1836, for defendant's pleader, Mr. R. Dias, called on the present referring to the statement committee all additions and commissioner, Mr. William Dampier, and submitted alterations to periodical statements in the revenue the hardship to which both Messrs. Macpherson and department, has not been very regularly observed, and in McDougall, as government grantees, were subjected to an extract from a letter addressed to the committee for by the support given to the zemindars by the civil courts. the revision and consolidation of periodical returns, it is That experienced and intelligent officer immediately remarked, that a rule founded on these principles must concurred that the civil courts had no jurisdiction in be circulated for the guidance of all the authorities sub- either of the cases, but that they should have been instiordinate to the Sudder Board, and that they would be tuted before the special commissioners. Mr. Dampier requested not to direct the submission of any periodical immediately ordered a rooboocarry to be forwarded to return, nor to alter any statement after it shall have been the vakeel of government, to appear at the principal revised and approved by the committee, without the Sudder Ameen's Court, and bar his jurisdiction in the previous sanction of government. two cases. The vakeel appeared at the court on the The Board have promulgated the above orders to all 6th instant, and desired to be furnished with a copy of the revenue commissioners. the plaint for the above purpose.-Hurk. March 14. SUDDER DEWANNY AND NIZAMUT ADAWLUT. CIRCULAR ORDERS, 1838. NO. 482. ABOLITION OF PERSIAN. The Sudder Dewanny and Nizamut Adawlut, on the 9th instant, transmitted to the Judges subordinate to them, copies of the resolution of Government passed on the 23d January last, on the abolition of the Persian language, published by us in the Hurkaru: the Judges have been authorized to promulgate those orders to the native courts and officers subordinate to them; and, with a view of enabling the superior court to lay before Government the information required to be submitted by the 1st July next, the Judges have been desired to report, on the 1st June, what progress has been made in carrying into effect the present instructions.-Ibid. ZILLAH TWENTY-FOUR PURGUNNAHS. (Before W. Cracroft, Esq.) This day the Judge heard several petitions, from amongst which we select these as being worthy of notice. First. In this case the petitioner wished to appeal from the decision of the Magistrate of Barasut. He said Barasut, that the parties against whom he had complained had come forcibly armed with clubs, and accompanied by others into his fields and had beaten him and the persons employed by him in cultivating his fields, and cut and carried away his corn; and yet the Magistrate had refused to award him any sum from the parties against whom he had complained as a compensation for the loss of his grain. The Judge observed, that he believed the petitioner, if he had proved the injury he had sustained by he defandant's acts, must sue the parties in a civil court for damages, and not in a criminal suit. He, however, ordered the original proceedings to be produced before him that he may be able to judge better of this matter. In this case the petitioner complained that aparty against whom he had an action in the Magistrate's Court at Barasut, had given in the names of several persons as his witnesses in that case, amongst the rest the name of the petitioner's father, who is not residing in the house where the petitioner resides, but has gone some years ago on a pilgrimage to Benares, where he believes he has subsequently died. Three of the witnesses named by the party have already been examined, but he still persisting that this petitioner's father is concealed in his house, and he there fore cannot serve the subpoena on him. The Magistrate has therefore deputed the Nazir of his court to go to the village where this petitioner resides and enquire into this matter and the Nazir, in compliance with this this petitioner's door to prevent any person from Barasut calling on him to explain his proceedings and either entering or quitting his house. Their report to him on this case fully. domestic arrangements are completely disorganized. The shri-htadar brought to the notice of the Judge that the Moonsiff at Howrah had likewise complained in this case, and stated to the Judge that the Magistrate had erdered his amlas to appear before him in this case, and that they have now been for some days at his court, and the Magistrate had confined some of them, consequently his business is at a stand and the cases are accumulating in his office. The Judge observed that it was very irregular in the Magistrate to confine any of his amlahs without first noticing the circumstance to him; he therefore ordered that a precept be sent from his court to the Magistrate at In the mofussil courts it appears, that noney which may have been deposited in realizatian of any suit is paid to any creditor in the suit, unless one of the vakeels or officials attached to the court certifies that the money is the identical plaintiff in the suit, his having been generally known by all the amlahs in court for years as the person who has managed the suit, and that he is the person he represents himself to be, is of no avail without this identification, added to which he must have witnesses to attest the payment of the money to him, his ownreceipt not being considered sufficient without this attestation.-Hurkaru, March 29. MISCELLANEOUS. CALCUTTA. goodly city of palaces. Two cases have occurred durMR. J. C. C. SUTHERLAND.-Mr. J. C. C. Sutherlanding the week; but the robbers bave fortunately been captured. has been appointed to succeed Mr. Millett as secretary of the Law Commission. MANUFACTURE OF SILVER TWO-ANNA PIECES.-It is said that the Mint is now employed in the manufacture of silver two-anna pieces, and that in order to ensure the free circulation, it is contemplated to pass an enactment, limiting eight annas of pice as a component part and legal tender in the exchange for a rupee, and that the balance is to consist of four and two-anna pieces. THE GOVERNOR-GENERAL.-The Governor-General's camp expected to be at Kurnaul on the 2d instant to leave the station on the 6th, and to reach Seharunpore on the 9th instant. From Seharunpore it is probable the Governor-General, with a few attendants, will proceed via Nahur and Mussoorie, while the rest of the camp go by Bar to Simla. SIGNORA SCHIERONI.-Signora Schieroni has left Calcutta for the Cape, to the regret of all the lovers of harmony. FIRES.-Fires have occurred every day during the week in different parts of the town, and much property has fallen sacrifice to the flames. COMMUNICATION BETWEEN ALLIPORE AND CALCUTTA. By order of His Honor the Deputy Governor of Fort William, the direct communication between Allipore and Calcutta, across the race course, will be imme diately re-opened; it is to remain open until training commences. STATE OF HEALTH.-Fever and cholera are raging in and about Calcutta with a great degree of virulence, and especially the latter, most of the cases of which prove fatal, and affect the European community in some measure. Scarcely a native is to be met with that is not labouring under a cold; and they, almost without exception attribute the unhealthiness of the weather to the water of the new Canal being allowed lately by opening the locks to run into the river, whose water they use as their sole drink. DISTURBANCES IN ASSAM.-Disturbances have lately taken place in Assam. It appears that Lieut. Millar, second in command of the Assam Light Infantry, had been sent out, with a party of his corps and some irregu lar soldiers from the Beega Gaom, a native chief, for the purpose of driving one Peshee Gaom from the THE CHITPORE ROAD AQUEDUCT.-Two wealthy native Company's territories, in consequence of repeated disgentlemen, Baboos Mutty Loll Seal and Madhub Dutt, turbances which he had occasioned. On the 4th Februhave taken upon themselves the expense of continuing ary, Lieut. Millar arrived within a few miles of Pe-hee the Chitpore road aqueduct along new Colootolla road, Gaom's village with his detachment, but was suddenly as far as the central road; the former with a view of attacked, a fire having heen opened from a breast-work supplying the small, and not over cleanly tank, belong-thrown across a gorge on the top of a hill. Only a few ing to the public, on the east side of his house, with good and wholesome water, and the latter for the improvement of his Bazar, situated at the junction of the new Colootolla and central roads by an increased sup ply of the necessary element. RAJAH PERTAUB CHAUND.-The soi disant maha rajah Pertaub Chaund, embarked on board a Budgerow at Burra Bazar on the 17th instant, to proceed, as report says, to Burdwan. He moved from a house at Foujdary Balakhana, where he had taken up his residence for some months, attended by a numerous retinue of peons armed with sticks. He was followed to the ghaut by an immense crowd of natives. It is worthy of remark, that the belief of this individual being the real Pertaub Chaund, still continues unshaken in the minds of the credulous portion of the native community. HIGHWAY ROBBERY.-Gentlemen in the habits of taking solitary nocturnal rambles, would do well to provide themselves with good sticks, as the "stand and shots were fired, but these had the effect of completely routing the Beega Gaom's men and the rest of the Singphoos. The sepoys of the Assam Light Infantry however remained firm, and Lieut. Millar intended to attack the stockade, but could find no road. These men being very much dispirited from having no power of seeing their enemy, he returned to the camp to acquire every information possible. He afterwards ascended the place, but found it deserted, and from an excellent spy he learnt that Peshee Gaom had fled to Bomgong.. The Bessa and Luttra chiefs had proved false in their professions of friendship to the British Government. It appears that the Duffa chief had also told the King of Ava that our Government intended at attack on Hookum, and Tharrawaddi in consequence had sent a party about three hundred soldiers to that place. The Duffa Gaom had also collected a small force. Lieut. Millar had stockaded himself in the bills, which are of the most rocky description,the jungle dense and no roads of any kind. The difficulty of fighting in |