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(Before J. R. Hutchinson, Esq. Judge )
A petition was presented for an appeal by a party to a suit tried before the judge of zillah Tirhoot.
The petitioner stated, that a person named Shibchunder, who resided within the district of Tirhoot, had be. come security to another person for the payment of a Jebt due to him by a third party. The original debtor having sailed to pay this debt when it became due, the creditor sued both the debtor and his security for the amount, and, having obtained a decree in the zillah court of Tirhoot, he seized some lands and houses for the execution of his decree, situated within the jurisdiction of the zillah court of Dacca, as the property of Shibchunder the security. The petitioner admitted that these lands, and houses had been formerly the property of Shibchunder, but he had sold them to the petitioner long previous to his becoming security for the debt, for the liquilation of which they were now seized. He fur. ther added, that he was a resident within the district of Dacca, and consequently not amenable to the jurisdiction of the court of ziliah Tirhoot. He therefore prayed the Sudder Court to reinvestigate the merits of his case, and order the replevin on his lands and houses to be with. drawn.
The wakeel of the party who had seized these lands, &c. as the property of Shibchunder, replied that at the tone that Shibch under became security for the payment of the debt for the realization of which the property which this petitioner claims to be his, had been sized, he had sepresented to his client that the property in question was his, and it was on this very property that his client had consented to accept the security of shibchunjer. The judge was of an opinion, that there were sufficient
grown's to admit the appeal to be heard, and it was or.
dered to be registered accordingly. June 4, 1838.
(Bofore E. R. Barwell, Esq. Commissioner.) Several proprietors of lands in a zillah appertaining to
the Bengal presidency, petitioned the commissioner against the collector of that zillah.
The petitioners stated, that the collector in question had in . day decided the cases respecting, their. lands against them, and that they had subsequently petitioned the collector for official copies of the decisions passed by him on their cases, which he had refused to grant on the plea, that by the time these documents could be furnished to them, the period of three months allowed by the regulations from the time of the decisions being Passed in their cases, to file their appeal to the superior court would expire.
On perusal of those petitions, the commissioner, direct ed a precept to be despatched to the collector, desiring him to forward to the or. court his replies to the charges instituted against him by these petitioners. The collector thereupon made his return, in which he statedthat he conceived that the o: three months allow. ed to any dissenting party from his decision to appeal to the superior court, commenced sigm the date of the decision of their case and not from the time when the order passed by him was engrossed and ready for transcription, as these petitioners conceived it to be, and consequently as three months would expire from the date of his award in their cases, before they could obtain copies of the do: cuments they required, and file their petition of appeal before the superior court, he had declined furnishing them with official copies of these documents.
After the receipt of this return of the collector to the precept directed to him in this case. Mr. E. R. Barwell, the commissioner of the Sudder Special commissioner's court, look up the matter pending on these petitions, and after he had carefully perused the petitions and the collector's reply to the charges urged against him or them. he decided that in his opinion, the period of three months allowed to a dissentient party to appeal from the award of the minor court to the Sudder Court, commenced from the date on which the orders on their cases were ready for transcription, and directed the collector to furnish the documents required by these petitioners..—Hurkaru,
sudder REVENUE BoARD.
May 15, 1838, The sorrisonests transferred to Mr. Lowls. The secretary to Government in the revenue department, informed the secretary to the revenue board, hat the Government had at the suggestion of the reve* board, approved of the transfor of the settlement
department to Mr. Lowis, as a temporary measure, and desired the members of the revenue board, to put him in immediate possession of it, as this measure would enable Mr. Tucker, now in charge of this department of the business, to resume his usual business at the board, and thus supply the vacancy occasioned by the absence of Mr. Walters, who has proceeded to sea.
TRANSFER OF THE BACKERGUNGE Diviston or THE sunDERBUNDS FROM THE DACCA Division commission ER. To THE COMMISSIONER OF JESSORE.
Government has, at the suggestion of E. M. Gordon, Esq.,backed by the recommendation of the Sudder board of revenue, been pleased to transter the control over the proceedings of the divisions of the Sunderbunds, appertaining to the zillah of Backergunge, from the surveillance of E. M. Gordon, Esq. the commissioner of the 15th or Dacca divison, to the superintendence of Dampier, Esq. commissioner of the 18th or Jessore division; and the secretary to the revenue board was directed by the secretary to Government, in the revenue department, to inform the two aforestated commissioners of the transfer.
DEFALCATION IN THE CALCUTTA collectonate.
Defalcation of sicca rupees 5,014 was lately discovered to have occurred in the office of the collectorate of Calcutta, whilst it had been under the superintendence of Mr. C. Trower. This was duly reported to Government, and his honour the Vice-President in Council,
after minute inquiry and due deliberation, informed the secretary to the revenue board, through the medium of the secretary to Government in the revenue department, that Government did not consider the case of this defalcation attributable to Mr. Trower, nor did it attach any blame regarding it to that gentleman in his official capacity; therefore his honor the deputy Governor of Bengal, did not consider that gentleman in any way blameable or responsible for this deficit.
The revenue board was further informed, that the revenue accountant had been directed by the secretary to Government in the revenue department, by the orders of the Vice-President in ..f on this subject, to write the amount of this defalcation, in his acoount of the revenue, to the profit and loss entry in his books, with a memorandum that the amount is to be debited conditionally to Hollodhur Roy. In the event of the bills for the amount of this deficit being sound. the amount is to be recovered by a bill from the said Hollodhur Roy, as the discovery of these bills are considered by Government to be necessary in order to prove
his responsibility for this amount.— Hurkaru, June 26.
SITTINGS IN THE SU DDER DEWANNY AND NIZAM UT ADAWLUT.
Since the commencement of the present, month the which they adjudicate matters submitted to the court as judges of the courts of Sudder Dewanny and Niza- a joint body, twice a week, instead of once a week, as mut Adawlut, have commenced their private sittings in was formerly the case.—Hurkaru, June 26.
Principal Suppelt AMEEN's Court, May 28, 1838.
(Ubdool Wahid Khan, Bahadoor.)
This case was originally instituted in the court of the moonsiff of Mudepoor. The plaintiffsues three individuals, viz. Premjha, Hemunjha, and Shamjha, for a bonded debt of 200 with l l Rs- 8 As. interest that has accrued thereupon. The defendants contest the demand by denying the genuineness of the tumussook; and producing witnesses to prove as much. The plaintiff substantiates his plea, by the depositions of witnesses, who swear to the money claimed, having been paid to one of the defendants, and to the rest being parties to the instrument produced in court. The moonsiff decrees the suit in favour of the plaintiff. The defendants, appeal; the case is referred to the former principal Sudder ameen, by whom the decision of the moonsiff is reversed. The respondent resorts to a khas appeal, i.e. to the court of the additional judge, who, considering the grounds of the decision of the principal Sudder ameen as inconclusive, refers the case to this Court.
This-day the principal Sudder ameen examined the case, and had all the papers on the file read. It was discovered that two of the vakeels, a mookhtarkar and the stamp vender attached to the moonsiff's court, named by the respondent as witnesses to the defendants' preventing him by entreaties from prosecuting him, some time before the institution of the suit, had not been called in by the principal Sudder ameen. This court thought it desirable to have them produced, and gave the wakeel of the respondent two weeks' time for that purpose. The wakeel of the appellant, was also permitted to produce, if he wished it, any other witnesses or proofs in support
In the course of examining the file of the proceedings in the case, the fysula of the moonsiff was read. Ere it had been gone through, it struck the court that half of the fysula related to one, and half to another care. The under part of the paper had been added evidently by carelessness or accident, without the incongruous junc. tion having been discovered, by any of the courts through which the file had been travelling in quest of a final decision; and but for the watchfulness of this court, it might have had to stand a second khas appeal.
Additional PatNcrpAL Sudden AMEEN's Count.
(Shoojaoodeen Ullee Khan, Bahadoor.)
On entering, we found the court engaged with a suit respecting the right by law, and fact of occupancy, to certain real property, lustily being contested by four wakeels. There was apparently so much said by all of them, several speaking at once, that if the court could by any possible means, remember but a tithe of what was spoken for and against the merits of the case, we warrant the result would be the most inconclusive conclusion, at which any judge or jury could arrive. We were utterly foiled in our attempts to make anything of the business. The court, however, patiently endured the wrangling of the legal twigs, and seemed to be very much at its ease, as to the drift of the speeches addressed to it, as if out of a four-mouthed speaking trumpet.
In the midst of the hubbub, we caught the eyes of the court, which led to the inquiry, “what is that gentleman about 7" One of the wakeels, who had seen us
of his side of the question.
perpetrate our mischievous work in the other courts,
explained the sum and substance of our business, with which the Khan seemed satisfied ; and turning to us asked, whether we should like to consult any of the papers in the file, to furnish ourselves with accurate data for our reports. We should have accepted the offer, but contented ourselves with replying, that we would at present rather dispense with any other mode of preparing our reports than that which we have hitherto adopted.
The PUNDIt's Court.
There is yet another court at this station to be noticed. We have several times passed by it, while it sat in the verandah of the building in which the magistrate's kutcherry is held ; but could not possibly suppose it to be a court of justice. We had taken the whole concern as the durbar of the nazir, or dufter of one of the pleader's practising here. Being told this morning what it meant, we took a closer survey of it than it had deserved, without a label to point it out. “This too is a judge ; and this is a court of justice " To this court criminal cases are referred by the magistrate, sometimes with a direction, that if the case turned out to be a serious one, it should be sent back for trial to the magistrate's court. The Pundit seemed to be a quiet, harmless personage, with two smart right and left hand men, to help him to sustain the labours of justice.—Hurkaru, June 18.
The Judge's Court, May 25, 1838.
Since our appearance in this court, we had no apprehension that our avocations would prove unpleasant to the authority that presides over it, we could not possibly anticipate any thing but ready encouragement in the prosecution of our labours. Publicity, we should have imagined, would be courted where there was a consciousness of the characteristics which adorn the bench. Our first report will offer a satisfactory testimony of readiness to set in the fairest point of view, as we are in justice bound to do, those qualities which are entitled to approbation, and this we shall continue to do wherever and whenever we may have opportunity.
Adulation we hold in contempt ; but we shall never sorget ourselves so far as to withhold the meed of praise when the authorities deserve it. On the other hand we have fearlessly brought to the notice of the public every thing that required to be dragged from mofussil obscurity to the knowledge of the world. Of this nobody that values the weal of the community, the impartial distribution of justice, the correction of abuses which seldom find the light of publicity through any other channel, can possibly question the advantages. And we always had an impression on our mind, not yet obliterated, that the appearance of public reporters in the mofussil courts could not but be appreciated by Government, likely as it is to be left totally in the dark, respecting a thousand things and circumstances which transpire at a distance from the presidency. Such has been and are our views; and we persuade ourselves that we are not harbouring chimerical notions.
When we made our debut as a reporter at Monghyr, we had our fears; we did not, we frankly own, expect that ready and civil encouragement in those courts which we were satisfied would by no means be long withheld. The authorities there not only offered no hindrance to the prosecution of our duties, but seemed to help us forward, though we are sure the freedom of our remarks was calculated to rouse into irritation the corrupt passions of human nature, and expose us at least to the exhibitions of some tokens of the displeasure of those who had not been accustomed to have their public proceedings roughly handled, or freely commented on; still they took no means of obstructing us of even indirectly exhibiting any hostile feelings. We were readily accommodated with a seat, though there were not wanting people, among those who frequented the courts, who regarded our being allowed to sit in court as reprehensible. It was argued that it was a mark of the favour of the court towards us; for what was more monstrous in the mofussil than to permit any person not a functionary to be sitting in open court
At Bhaugulpore, too, every facility was afforded us by all the authorities; nay, they seemed to be studious to render us perfectly satisfied that we were before liberalminded judges and magistrates, who desired no kind of concealinent from the eyes of the public at large. They seemed rather to Court publicity; and both there and at Monghyr, we pursued and terminated our career without the slightest impression on our minds that we could possibly give unbrage. Had we published any misstatements we should have been happy to have had our mistakes rectified : we courted no favour, but we received kindness freely.
On our arrival at this station, we heard a rumour that our pursuing the avocations of a reporter would not be relished by the authorities; but we gave no credit to it : we went quietly round the courts and were much gratified by what we saw in some of them. We readily laid the result before the public. To-day
we appeared in this court and took our stand not far
from the bench in a part of the court-house to which the vakeels and others freely resorted, and where we ourselves went several days without any objections being raised. But when we went to-day with pencil and paper in hand, we were desired by the judge to place ourselves there were the populous was standing —a place so far removed from the presence that we are certain we shall not be able to catch distinctly what transpires about it. There was not another individual, wakeel or mooktear, in the place where we had stationed ourselves, we incommoded nobody : we were merely taking notes in our memorandum book placed on a kind of railing that separated us from the vakeels, &c. that were standing before the court. Whatever might have been the object of the direction, we received this-day, we cannot view it in any other light than at a mani. festation of those sentiments which we were on our arrival at this district told to expect. We were unwilling to call away the attention of the court from the case which it was then occupied upon ; but we intend to bring the matter formally before the judges, as it is obvious that we cannot rely on the accuracy of our reports, if we have not an opportunity of distinctly hearing the proceedings.-Hurkaru, June 23.
India and the ruler of the Punjáb, will take place. The force will consist of one regiment of native cavalry, a troop of European horse artillery, two squadrons of Her M jesty's 16th lancers, one regiment of European, and five of native infantry.
the Gover Non of serAMpone.—The Hon. Mr. Hanson having been appointed Governor of Serampore, by His Majesty the King of Denmark, arrived in the river on the 20th instant, and landed in Serampore the next day at noon, under the salute due to his rank.
The Bhoran embassy.—Within the last few days, letters have been received in this city from the British embassy in Bhotan, from which we learn, that Captain Pemberton and party have abandoned their original plan of proceeding into Thibet, and may be expected in Calcutta towards the latter end of June.
The culsa Affair. – Mr. Shaw, who had gone in company with Mr. Hedger to attend the investigation at Burdwan, had been again arbitrarily seized by order of Mr. Ogilvy, the magistrate, who was still in power there, and dragged through the streets to the cutcherry ; three men having seized him to effect that purpose, without any previous warning. After having been kept in the conpound for upwards of an hour, (his papers having also been taken possession of,) he was admitted to the “presence,” where he found Mr. Ogilvy on the bench, and another person, whose name Mr.Shaw was not acquainted with. He requested Mr. Ogilvy to inform him who the gentleman was; but Mr.Ogilvy declined. Mr.Shaw insisted on his right to be informed who it was, by whom he was to be judged ; whereupon both the gentlemen on the bench rebuked him harshly, and paid no attention to his protest, against the examination of his private papers. Mr. Ogilvy at length said, that he considered Mr. Shaw's bail to be invalid, and that, therefore, Mr. Shaw was to be detained in custody. Upon this Mr. Hedger, who had hastened to the scene,on hearing of Mr.Shaw's arrest, informed Mr. Ogilvy, that as he Mr. Hedger, had been bail for Mr. Shaw, he considered himself discharged from all further responsibility. To this Mr. Ogilvy demurred ; but Mr. Hedger informed him with firmness, that as he had chosen to take Mr. Shaw again into custody, he had, ipso facto, freed the bail, and that Mr. Hedger should act accordingly. Thus Mr. Shaw was again incarcerated by a proceeding so arbitrary, that we should have thought no magistrate would have dared to have exercised his power in such a manner upon a British subject, since, at least, the revolution. As to the investigation which has been going on there, it seems from the accounts received, to be worse than mockery. Mr. Ogilvy, who stands accused of the highest crime known to human law, was actually conducting the investigation. He has, however, been temporarily removed from his acting magistracy—a course of proceeding which will secure an impartial investigation of the affair, Mr. F. C. Smith, condemns as especially indiscreet and improper, the conduct of Mr. Ogilvy, subsequently to the first arrest of Mr. Shaw, and the magistrate has been accordingly summoned to Calcutta.
It is said, that besides sundry indictments against Mr.
Ogilvy, and a criminal information against Mr. Barlow for improper neglect in the discharge of his magisterial and judicial duties, no less than thirteen civil actions, arising out of the Culna affair, have been instituted by different parties against the first-named gentleman, who has been arrested by Mr. O'Hanlon, the magistrate, but bailed on two lacs of rupees.
The preliminary proceedings in the case of the pretender to the raj of Burdwan, commenced before the magistrate of Hooghly on Monday. Pertaub Chund was in the cutcherry, the greater part of the day, having portions of the documentary evidence read. He admitted many of the letters addressed by him to neighbouring Rajahs. On Tuesday, Mr. Shaw and Mr. Graham attended on his behalf. Neither of these gentlemen had taken out a mooktar-nameh. There was no objection to his cross-examination of any of the witnesses on any points relating to himself; and he very frequently addressed the magistrate. The proceedings were not of much importance. The soi disunt Rajah was not present on Tuesday.
On the 14th instant, seven other witnesses were examined for the prosecution in Mr. Ogilvy's case, in the course of which one of the witnesses said, his son was one of the people shot, and gave other particulars which we are requested by the magistrate to withhold, also the other evidence given. At the conclusion of this day's examination, Mr. Prinsep observed, that no distinct evidence had been heard of Mr. Ogilvy's giving the order for the firing. In reply to which, Mr. Longueville Clarke said, that very plain evidence had been given on that point.
The final examination of witnesses for the prosecution and defence, in Mr. Ogilvy's case, concluded at seven o'clock on the 22d instant. The nazir and darogah of Burdwan, were the two last witnesses examined for the defence. The former deposed, to his being sent for by Peitaub Chund, and to his going on board his budgerow, and to his having received a letter written in English for the magistrate, but which he returned to the bearer of it; and also to his having received two other letters written in Persian, from Pertaub Chund. He could not state the hour he received the letters, nor from whom they came. They were signed by Rajah Pertaub Chund. He directed the bearer of the English letter to send it himself to the magistrate, if he wished it to be sent, To the bearer of the two Persian letters, he gave no reply, but sent the epistles to the magistrate, after the disturbance was over. The contents of one of the Persian letters was a request to him, the nazir, to point out or say, how many and what part of Pertaub Chund's followers he wished to disperse. He further said, that he informed the magistrate of the whole of the proceedings; but when cross-examined, he stated, that he was about to inform the magistrate of the letter he had received, but was inturrupted by the magistrate's saying, “insert all in your report.” This conversation took place on his way with the magistrate and others, to Mr. Alexander's house. He saw the sepoys load their guns, but could not say whether they put balls in or not. He was on the bank of the river when the sepoys were drawn up in a line. A boat was seen making off from Pertaub Chund's boat, and the Captain ordered two guns to be fired over them. They were fired; then three others were fired, and afterwards many others were fired, one after another. ... He did not hear Mr. Ogilvy give any orders to fire. Mr. Ogilvy was in his sight all the time, , Deponent further said, that fortytwo burkundazes had been sent to Culna, by a person in Prawn Baboo's, or the Raja of Burdwan's employ. He saw them on the banks of the river. After some further questions were put to this deponent, the darogah was called. •
The darogah deposed, that no riot or disturbance had taken place on the part of Pertaub Chund's people.
In many instances he denied what the nazir had stated. He was examined as to the deposition he had made before Mr. Ogilvy at Burdwan, and, respecting which, he could give no explanation. He said, that he could neither read Bengallee nor Persian ; that the nazir had done all. He gave further evidence, which we are not permitted to publish. Mr. O’Hanlon said, that himself and Mr. Robison thought the affair was bailable, and he doubted not but that such would be his determination on the following day. It was then intimated, that the same bail which had been given, would again be offered. Mr. Leith, addressing the magistrate, said, that he had no wish to throw the least obstacle in Mr. Ogilvy's way, but that it was for the magistrate to consider the heavy amount that would be required to bail Mr. Ogilvy, and the effieiency of that bail.
Ross Donnelly Mangles, Esq. and John Lowis, Esq. have since become bail for Mr. Ogilvy's appearance, to stand his trial at the next sessions of oyer and terminer. Messrs. Prinsep, Ogilvy, Mangles and Lowis, were closetted with Mr. O'Hanlon ; but the subject of their confabulation has not yet transpired, as all reporters were prevented from entering the room. Nobody attended on behalf of the prosecution.
bundwan.-In consequence of the failure of the Ranee of Burdwan to pay the Government revenue with punctuality, the Sudder Board of Revenue have, on the report of the local commissioner, directed that immense zemindarree to be brought under the jurisdiction of the court of wards. This will eject Pran Baboo, who is the brother of one Ranee and the father of the other, from all management of, or concern with, the property.
The commissioner for the division, will proceed by dawk to carry these orders into effect, and in person make arrangements for the future control of the estate.
pilgrims to Jugou RNAuth.-Letters have been received at Calcutta from Balessur, and other stages on the way to Juggurnauth, stating, that the pilgrims proceeding to that place, to witness the approaching festival of Ruthjattra, are immense ; and that the price of provisions has, in consequence, considerably risen almost everywhere, a circumstance which has inconvenienced the poorer orders very much.
civil Appointment.—Mr. F. Halliday succeeds Mr. R. D. Mangles, as secretary to the Government of Bengal, in the judicial and revenue departments, an appointment calculated to give general satisfaction.
The Benenice.—By private letters of the 19th ultimo, received from Bombay, we learn there was a rumour at that presidency, that the Berenice would be despatched, not to the Red Sea, with the May packet, but to the Persian Gulph with troops, in consequence of disturbances having broken out in that quarter.
political appointment.—It is said, that Captain Wilkinson, the political agent, is to be fransferred from Chota Nagpore to Burra Nagpore, and that Captain Eric Sutherland is to succeed Captain Wilkinson. Major Sutherland, they say, has been offered the resi
dency of Hyderabad ; should he accept it, Colonel Spiers will go to Gwalior, and somebody else to Rajpootna. Major Sleeman is spoken of, as ity to be appointed superintendent of police for all India.
Jail of calcutta.-The great jail of Calcutta is at present, and has been for some days past, crowded to excess by debtors in large and small amounts, and criminals from different parts of the country—many debtors are there on account of small debts of nine and ten rupees.
1Nsuming Goods.-The recent action brought by the consignee of goods against the insurance office, (although the ultimate decision of the court on the legal question was in favour of the defendants) has suggested to most insurance offices the adoption of the measure of precaution by inserting in every policy a clause somewhat to the effect following:
“It is hereby further declared that nothing herein contained shall be construed or taken as a guarantee or affirmation on the part of the assurers, that the abovementioned goods or any parts thereof have been or shall be laden on such vessel or any other, and that no such guarantee or affirmation is hereby intended to be given by or on behalf of the assurers, to the assured or to any person or persons whatsoever, before or at the time of granting this policy.” r
extortion of the TuANADAms.—That worthy gentleman, J. H. Patton, Esq., the magistrate of the 24-pergunnahs, has ordered notice to be stuck up both in Bengallee and English, at the boundary guard at Malauly's durgah and elsewhere, authorizing any person or persons to take into custody any one found extorting from the venders of fish, vegetables, or other articles, and hand him or them to the police authorities.
kidnapping.-Several cases of kidnapping have been brought to light during the month, which call imperatively for the interference of the Government to check the abominable system of enslaving the people, which has been for some time going on. In one instance, at Chuckkerbare, thirty-two individuals were released from imprisonment in a gaol, guarded by an armed burkundauze force, and where some of these unfortunate wretches had been confined for about five months, and from what we learn, dealt with very cruelly. One old man, in particular, had been daily subjected to flagellation, for refusing to comply, with the requests of his captors, and when he was released, his back presented a truly pitiable sight, being horribly scarrified and inflamed from the nape of the neck downwards. Information has also been received by Mr. Patton, the magistrate of the twenty-four pergunnahs, that several hundred individuals are confined in different parts of his district and the town of Calcutta, and he has instituted a search for their prisons. . Much praise is due to the indefatigable magistrate and Mr. Dias, who has been mainly instrumental in bringing this affair under the cognizance of the magistrate, for their exertions to release the unfortunate kidnapped individuals from durance vile and ultimate slavery. We hope the miscreants who have been the prime movers in this nefarious traffic, will be brought to condign punishment.