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amount of value of the property sued for, may not exceed 5,000 rupees. The zillah Judges are of course competent to retain under Sections W II, and Regulation XXV 1831, any of the above suits on their own files, provided they see sufficient grounds for so doing ; but in reporting to the court (which they have been requested to do within fifteen days) the execution of the present orders, the Judges have also been requested to submit a list of all the suits, that they have so retained, and to explain their reasons briefly for doing so. The zillah Judges have in like manner been directed to transfer to the file of the Principal Sudder Ameen all suits preferred under Clause I., Section XXX, Regulation
C of all suits above the amount of 5,000 rupees, that may have been decided or disposed of by him during the month. One of each of the above statements will be forwarded by the Judge to the court with the monthly returns, the other will be retained for record in the Judge's office. 4-h.—All summary appeals from the decisions of Principal Sudder, Ameens will be made direct by the parties to the Sudder Dewanny Adawlut. 5th.-All petitions for regular appeals will be preserred direct to the Principal Sudder Aineens, who will make up the original record in the manner precribed by Regulation VI of 1793. Section XI. The package
II, 1819, retaining however on their own file, any suits! containing the record of the case is to be addressed to
of the above nature, that they (the Judges) think ought to be tried by the Judge, submitting a list of the saune, and their reasons for having retained the cases. All suits thus referred to a Principal Sudder Ameen have been directed to be sent as heretofore to the collector of the district for investigation and report; the collector on cosing his proceedings will transmit them under Clause V1, Section XXX, Regulation Il, 1819, to the Principal Sudder Ameen for decision. The Act now passed authorizes the Judges, subject of course to the general controul of the Sudder Dewannv Adawlut, to refer any suit above the value of 5,000
the Registrar of the Suiller Court, and it is in the first instance to be sent under the official signature and seal of the Principal Sudder Ameen to the zillah or city Judge, who having had the parcel properly secured from wet agreeably to the circular orders No. 67 and 70, dated the 19th September, 1823, and the 21st May, 1824, will at once forward it with the usual certificate to the Registrar of the Sudder court. The copy of the record which is required to be made by the regulation last quoted, is to be deposited for sale custody in the office of the Judge. 6th. – All applications for revisions of judgment in
rupees to the Principal Ameen for trial. The Superior suits above 5000 rupees will likewise be made to the court have requested the zillah Judges to exercise this' Principal Sudder Ameens, and when recommended to power with a sound discretion, and their attention has be admitted, that officer shall proceed agreeably to
been called to the following illustrations : 1st.—No suit above 5000 rupees shall be referred to a Principal Sudder Ameen, in which the documentary evidence may be in the English language, or may involve points of English law, unless such Principal Sudder Ameen is acquainted with the English language. 2d.—On referring any suit to Principal Sudder Ameen above the amount of 5,000 rupees, the Judge will report to the Superior court that he has done so agreeably to a form marked A*. 3d. – The Principal Sudder Ameen will forward to the Judge in publicate a Persian statement as per form marked B, of all suits above the amount of 5000 rupees, that may be pending in his file at the end of the month, and another as per form marked B of all suits above the amount of 5000 rupees, that may be pending in his file at the end of the month and another as per form marked
* The forms that have been circulated will not bear abstraction, but we shall furnish them for the Calcutta monthly Journal,—Reporter.
|Section XIX, Regulation V of 1331, and the application. shall be forwarded by the Judge to the Sudder Dewanny | Adawlut. 7th–Precepts from the Sudder court will be either sea direct to the Principal Sudder Ameen, or to the Zillah Judge as may be deemed most expedient; but all returns, unless specially directed otherwise, will be submitted by the Principal Sudder, Ameen to the Judge for the purpose of being transmitted by him, with the usual certificate to the Sudder Dewanny Adawlut. No. 3328. – UNst AM ped so cuRITY Box DS DECLA RED INA DM issa BLE As Evi DENCE AG INST SURETIES. It having been brought to the notice of the Sudder court, that a practice obtains in some districts of admitting as legal evidence security bonds, written on the same sheet of paper with the Principal Deed, where the stamp used was only of the value required for the latter instrument; as the superior, court consider the practice as clearly erroneous, they have declared them wholly inadmissible as evidence against sureties. The Zillah Judges have been requested to make this circular known to be lower courts.-Hurk. Jan. 30.
SUDDER BOARD OF REVENUE.
No. 77.-The Officiating Secretary to the Sudder Board has informed the Revenue Commissioners, that the Board having had occasion to observe that the provisions of Sections VI. and IX. Regulation XIX. of 1793, have been overlooked by settlement officers and commissioners, have directed him to draw their attention to the subject, and to point out to them, that vested as they are with the powers of the late Board of Revenue, they are competent to dispose of cases of the nature therein provided for without reference to the Sudder Board
That the Commissioners will readily perceive, on a careful perusal of the Sections above noticed, that, the Government settlement officers will have to deal with ach cases, only when the Revenue of the lands ma beys
payable to the state. On such occasions a seperate settlement statement will not be requisite, but the jumma which may be assessed on the lands to be held as a dependent talook, will be included in the gross assets forming the basis of settlement of the estate to which they (the lands) belong, whenever that settlement may be concluded and submitted for the sanction of Government. The Commissioners have also been requested to issue appropriate instructions to all the settlement officers in their respective divisions for their future guidance. DUTIEs or Rev ENU E commission ERs, AND IM port.TANT As To shortleMENTS AND SPECIAL APPEALs.
No. 78.—Mr Secretary Mangles, on the 10th of Oct. last, transmitted for the information and guidance of the Board a copy of correspondence, and requested
the Board to take the necessary measures for carrving The views of the Supreme Government into off. This communication also directed that the Commission*** should be required to furnish to the Board a quarterly return of settlements, including forms, as now sanctioned by the Board confirmed by them. one transcript of which ought to be sent by the Board to the Revenue Accountant, and another to Government with any remarks that they desire to offer. *" an extract of a letter from Air.'secretary Mc. Naughten, dated the 29th April last, it appears he was directed to observe that it appears highlv desirable that In eans should * resorted to for lightening the labors of the officers in the Revenue Department, Mr. McNaugh.*.*** * * **rve, that at present it would seem that “eir is a nee less waste of supervision in that department, the same work being in fact performed three ***"...first by the Collector, then by the commis. *oner, and lastly by the Sudder Board ; that His Lordship, however, **! not delay that letter by entering 1:1 to olois which will best be arranged by the Right Hon'ble the Governor. Mr. McNaughten was, however, ‘lesired to suggest that the Collector's report confirmed by the Commissioner, might in some instances be admitted to be final, but if this should be found to be objectionable, His Lordship in council requested that early attention may be given to the practicability of shortening and simplifying the settlement reports, and "#" that for this purpose it might probably be well * *ler to the forms in use in the Western provinces, and to the practice adopted in regard to them. By a letter from Mr. Secretary Mangles of the 13th June last, to Mr. Secretary McNaughten, the former was directed by the Right Hon'ble the Governor of Bengal * request the latter to submit to the Supreme Government, an explanation of the existing rules, for !" "on and report of detailed settlements, and of His Lordship's views in regard to the points noticed in the passage of Mr. Mc Naughten's communication above abstracted. The form in which settlements conducted under Regulations VII of 1822, IX of 1825, and IX of 1833, ** **Ported by the assessing officers in the Lower Provinces, is simpler (says Mr. Mangles) and more con cise than that in use within the jurisdiction of the Sudder Board of Revenue at Allahabad, that is to say (ob. ** M: Mangles) the statement prescribed by the Calcutta Boards, orders of the 12th November, 1833, of which a few specimens were submitted, and which was ***" up after a careful examination of the returnsie. **ed by the Western Board, admits of the record of all the necessary facts with regard to a single mouzah, in * more compendious shape, than the latter, whilst it 'oes not appear to omit anything of which it is essential that the superintending authorities and eventually the Government should beinformed. But the form in question (says Mr. Mangles) is consessedly not suited to present a comprehensive view of the Agricultural resources of a large and continuous sao, of country, which was the object for which the Sudder Board at Allahabad had to provide; nor with the single exception of Cuttack, is there any such tract, open, to, assessment, under jurisdiction of the Lower Board; but on the other hand, the officers engaged in assessing resumed or lapsed, or purchased mahals in Permanently settled districts, have in some important respects, a more arduous task than these employed in the general settlements of the western provinces, because they have no data whatever, but those of their own *çquisition, to proceed upon, and are therefore necessarily compelled to institute much more minute and careful enquiries, in order to ascertain the proper basis of settlement, in the real amount of rental received by the malgoozar, than those who have the records of former settlemeets, a knowledge of the case or difficulty with which the revenue has been collected during the past
seasons, good and bad, and the testimony of a very superior class of native officers, (the tehsulders) posses. sed of great local knowledge to direct them. Under the circumstances above described, it being understood that the Revenue Authorities in the western provinces rely far more, (in determining the proper amount of jumma to be paid by a mehal or pergunnah) upon the evidence above adverted to, than upon present local enquiries, and that with such evidence to guide them, they form rather general averages for considerable tracts of country than scrupulously assess particular villages, and can do this with safety; it is evident, that the settlement of a single mouza in a permanently settled district, which has either never been upon the public rent roll, or if a purchase by Government, was engaged for at the period of the decennial settlement. without any investigation of assets, must necessarily require far more labor and attention, to preelude fraud, or even to ensure satisfactory certainty, in regard to a proceeding of so much importance to the well being of large classes of the people, than a similar operation within the jurisdiction of the Western Board. These facts (says Mr. Mangles) which probably satisfy the Supreme Government, that the forms and modes of procedure in use in the Western Provinces, would not be generally applicable to the districts of the permanently settled provinces, when only detached Mehals, (though in some instances very numerous) are to be assessed. Mr. Mangles goes on to state, that as regards Cuttack, His Lordship has long been anxious to reduce the bulk, and simplify the nature of the settleinent returns, to which most desireable end, however, the peculiarities of the under tenures obtaining in that Province are seriously opposed. With a view, however, to its obtainment to the utmost seasible extent, the Governor has recently obtained from the Hon'ble the Lieutenant Governor of the North Western Provinces, a specimen set of all the returns an I reports furnished to the Board at Allahabad. by every class of their subordinate officers employed in the formation, or revision of detailed settlement, and by the Board again to Government, and these it is His Lordship's intention to forward to the Board in Calcutta, in order that, in communication with Mr. Commissioner Ricketts, they may devise the simplest practicable scheme fot recording and r. porting the new assessment of Cuttack. With"reference to the extraordinary manner in which the lands in Chittagong are intermixed, and the tact that patches only here and there are now being brought under settlement. His Lordshid does not desire to interfere with the arrangements which the very able and experienced revenue officers of that district deem most expedient. With reference to the remark expressed in the 2d pa. ragraph of this circular, “that there is a needless work of supervision in the Revenue deparment,” Mr. Mangles says, that His Lordship would submit, that of late settlements have not been revised by the Commissioners with exception of a small number which they were directed to retain, in order to test the work of each assigning officer, but have been handed direct by the Board, who undertook the duty, in order to relieve the commissioners, and to obviate delay. This plan which was originated by that zealous and indefatigable officer Mr. C. W. Smith, could scarcely, as experience has proved, have succeeded, if he had been permitted to remain at his post to carry it into effect; but in the actual course of events, it has, as the Supreme Government are aware, decidedly failed. It was in fact (says Mr. Mangles), only expedient to shift labor from one over burthened class of officers to an individual, not less burthened, but whose energy was very great, who voluntarily proposed to undertake the arduous duty, and who had certainly far more and better subordinate assistance than the commissioners, measures have been taken to enable the Board to dis of all arrears; and, if, as His Lordship of:
is the intenton of the Supreme Government to relieve the
of the Commissioners involving complaints of gross
No. 79.- sherishta Dans held nesponsible Fon ennons
To prevent the frequent occurrence of errors in the advertisements of sales, Mr. Officiating Secretary Dunbar, under the instructions of the Board, has requested the revenue commisioners to issue instructions to their subordinates to hold the Sherishtadars of their respective o lices responsible for the advertisements of sales being correct, and for the balance, for the realization of which an estate is advertised, being due oue month before the advertisement is published.
No 80.” – Tendra of compnoxiise upon the pant or gover NMENT to Lakhinajdans.
Mr. Officiating Secretary F. J. Halliday, on the 7th November last, with the view of giving effect to the wishes of the Hon'ble the Court of Directors, was directed by the Hon'ble the Deputy Governor of Bengal to request that the Board will call upon the several special collectors for an immediate report, whether a tender of compromise, upon the part of Government, on equitable terms, would be generally or largely acceptable to the Lakhirajdars, and if so, what terms should in their judgment be offered.
The Board were also requested to submit their return to this requisition with the least practicable delay.
The Board have furnished the Commissioners of the divisions noted below with copies of the above communication, and have requested them to call on the Special Deputy Collectors for the reports required.
* This circular is not general, but only promulgated to the Commissioners of Bauleah, Bhaugulpore, Chittagong, Cuttack, Dacca or jessore, Moorshedabad and Patna, Report.
No. 81".-nrturns of the sat Es or estates.
Mr. Officiating Secretary Dunbar, under the di. rections of the Board, has reque-ted all the revenue Commissioners to call on the collectors within their Divisions to submit returns of all the sales of Estate. which have taken place within their respective divisions during the years 1835, and 1836, and of the number of these sales which have been confined or otherwise finally disposed of within those two years respectively.— Hurkaru, January 6, 1838.
Consultation, Friday, the 9th January, 1838.
APPoint MENT or M. R. M. A. BiGN ELL.
Mr. Officiating Secretary Holliday, on the 7th November last, in reply to the address of the Board No. 555 of the 4th instant, informed them, that the Hon. the Deputy Governor of Bengal, was pleased at their recommendation to appoint Mr. M. A Bignell to be their deputy in their (the Board's) capacity of superintendent and remembrancer of legal affairs, on a salary for the first year of 500 rupees per mensem, and a per centage on the value of the suits which may be conducted by him in person, and decided in favor of Government, agreeably to the scale laid down under the orders of the 21st August 1828, for the Government Agent in the court of the special commissioners. But, (said Mr. Halliday) this scale of remuneration must be left open to revision, in order to its increase or reduction, as it may appear from the result, which the Board were requested to report at the end of that period, to be either too low, or too high. The Board on the 14th of November forwarded copies of the above orders to the presidency special com. missioners, and to Mr. Bignell, informing the former, that Mr. Bignell would conduct all cases on the part of Government, and the latter to attend to receive instruc. tions previous to entering on his duties: but the Special commissioners, Messrs. T. H. Maddock, and E R. Barwell, on the 16th of that month, addressed the Board enquiring what construction the Board put on the Go vernment orders of the 7th November, as if they considered them to mean that Mr. Bighell should attend personally and conduct the suits in their court in which Government are parties, that the special commissioners would point out to Government the objections, which in their opinion existed to such an arrangement. In reply to the above, Mr. Officiating Secretary Dun. bar, on the 28th November last, informed the commis. sioners, that the Board considered the orders of Government to imply that Mr. Bignell should plead in person in the special commissioners' courts in all cases in which the importance of the matter at issue, or any othe circumstances may seem to demand his personal attendance, and that Mr. Bignell could use his discretion, as to the conduct of all other cases, either in person or by deputy, the responsibility resting wholly with himself. After receipt of the above, the special commissioners wrote Government, stating their reserence to the Board, and urged the following objections to the appointment of an English gentleman to plead in their court on the part of Government, - - According to the Board's interpretation, though in rinciple (observed the special commissioners) the ob. jections that suggest themselves to the constant presence of an English gentleman as the Attorney of Government in their court may be mainly obviated, the principle in which they deem it objectionable remained unaltered. For (said they), Government is aware, that according to Regulation III, of 1828, by which the commissioner's. court is constituted, and the rules of practice by which under that Regulation the commissioners are guided,
the written pleadings (observed those gentlemen) com. Prise in almost all cases the entire argument on which judgments is to be passed on the decision of the resuming officers. The presence of pleaders on either side, excepting as a matter of form, and for the satisfaction of the court that its judgments are heard vira race before being embodied on its written decrees, is in most cases of no essential necessity, and to this circumstance may probably be attributed that, as there are no licensed wake.is or pleaders attached to their court, and parties opposed to Government are, by rule 26 of the ruies of practice, Prescribed by the Regulation allowed to appoint any agents, whom they please, to represent them before the special commissioners, their agents are, for the most Part, uneducated men, possessing very little knowledge even of the few regulations applicable to resumption suits, whose services we obtained' at a trifling cost compared to the value of the stake at issue. But, (said the commissioners) to whatever cause it may be attributed, it is an undoubted fact that the native pleaders in our court are of a very deficient and inferior order of men to those employed in the Sudder Dewanny Adawlut, or any Judge's court in the mofussil. The Native Government pleader, Hurrischunder Kur, who has lately been discharged, was the only exception to this descrip. tion, and his superiority over the other pleaders (observed the commissioners) was sufficiently evident as a security for the interests of Government, without liability to a suspicion that he was allowed to sway the judgements of the court. If (said the commissioners) to such, or far greater superiority in talents and acquirements, in an European agent were added, the circumstance of his being a gentleman, living in the same society as the Judge before whom he pleaded, with the advantage of verbal communication with the Judge in a language unknown to the other parties present, there is reason to apprehend that such suspicion might not always be wanting. But (said, the commissioners,) believing as they hook it may be admitted, that in reality it can make lini. difference in the issue of a cause whether Government is represented by a native or European agent, during the reading of papers and passing orders in the appeals before then, it seems on every account inexpedient that they should admit the appearance of an advantage on the side of Government, which in the minds of the people would be implied from the attendance of an European *gent to oppose the native agents employed in their Court, and they respectfully submitted to the Hon’ble the Deputy Governor the inexpediency of a measure so calculated to increase the unpopularity of the resumption, laws, and to affect injuriously the character of the final appellate court in which they are administered without in any way promoting the interests of Govern. in the protection of its just rights in cases under adjudication. Although (observed the commissioners) in their judgment it would have been preferable that the Deputy Superintendent and Remembrancer of legal affairs should have been excluded altogether from attendance as a pleader in the courts, of the special conmissioners, the objections which they have urged to his constant attendance would not exist to his occasionally appearing in cases of importance where European, or other equally well qualified agents have been employed by a party opposed to Government. But if the 'views of the Board in this report coincide with the intentions of Government, the commissioners begged leave to suggest, that the option of attending ought not to be discretional with the deputy. It (said they) should be contingent on the sanction of the special commissioners notified to him, on his application to attend in any case in which he deemed such a course advisable. The commissioners concluded by observing, that from their experience of the conduct and abilities of Mr. Big.
*A form has been annexed to this circular.—Reporter
nell as a pleader on the part of private individuals, they • 7 felt assured that his personal attendance in their court would have been satisfactory to them individually, and might have tended to facilitate their proceedings, advantages which they should not have wished to forego but for the reasons above stated.
Mr. Officiating Secretary Halliday, on the 26th December last, informed the special commissioners, that the Hon'ble the Deputy Governor was at the outest indisposed to agree with them in opinion that their proceedings would for the most part be conducted quite as well without, as with agents and pleaders, and until (says Mr. Halliday) the Deputy Governor shall learn that pleaders and good pleaders, are unnecessary in the Sudder Dewanny Adawlut, the proceedings of which court are in all essential respects the same as in the commissioners, he will continue to think that the presence of a good bar has a wholesome effect even upon a good bench, and that the character of no court is so little likely to be compromised, as that in which the pleaders are upright, intelligent and in lependent.
If (continued Mr. Halliday), as stated by the commissioners, the agents usually employed in their court do not answer to the character, the Deputy Governor thinks it very probable that the low standard ef qualification hitherto deemed necessary for the Government agent in the Commissioner's court, may have had no small share in producing such a state of things. But his Honor (continues Mr. Halliday) is rather inclined to believe that the character of the Commissioner's bar, was, and is greatly improving. Mir. Bigmell himself, whose efficiency the Commissioners have admitted, was, it is understood, in good practice in their court before his present appointment, Mr. Baillie, who, like Mr. Bignell, is a pleader in the Sulder Dewanny Adawlut, who is believed to possess high qualifications, and was indeed one of these persons selected by the Sudder Dewanny Adawlut for the situation of Govern. ment wakeel in that court, practices in the Commis. sioner's court, his Honor is informed, with considerable and increasing success, and there are others in practice there, of whose abilities a favorable report is made. It seems (said Mr. Halliday) reasonable to expect, that the number of such pleaders will now increase, as they have increased in the Sudder Dewanny Adawlut, and the Deputy Governor is apt to believe that the employment of Mr. Bignell on the part of Government, will create a demand by opposite parties for the aid of skill and talents in the prosecution of their appeals, and that thus, the evil of an inferior bar, con plaine of by the commissioners, will, through the very ineans which they at present deprecate, be at an early period removed from their court.
That Mr. Bignell's employment (continued Mr. Halliday) as a Government Agent in the commissioner's court, would tend, or be supposed by the public to tend to sway the judgment of the commissioners, His Honor never apprehended ; and he has too high an opinion of the functionaries who preside in their court, and of their estimate with the public, to admit that any such apprehension need be entertained.
In concluding Mr. Halliday observes, that, after giving to the arguments urged by the oommissioners, all the consideration to which both for their motives, and the authority from which they emanate they are entitled, His Honor is unable to concur with the Commissioners, that there exists any necessity for altering the course originally intended, and now pursued by the Sudder Board of Revenue in regard to Mr. Bignell's precedings.
The Board, on receipt of the two preceding commu
nications, ordered their record, and that Mr. Bignell
should be supplied with a copy of the whole of the correspondence.—Hurkaru, Junuary 17.
circu LA R on DERs, 1838.
No. 2, account sales of LANDs sold foa A R ReARs of it evenue.
The Sudder Board of Revenue having had occasion to remark that the account sales of lands sold for arrears of revenue, transmitted to them are seldom alike in form, have furnished the revenue commissioners, with a view to uniformity in future, with a blank statement for adoption in the several collectorates comprised in their divisions.”
No. 3, A Knowledge of 1he prosi AN LANGUAGE
decla Red un NEcess Art Y for The oth ice of DEPUTY
collecton UNDER Regulation ix. of 1833.
Mr. Officiating Secretary F. J. Hall lay, on the 19th December, 1837, informed the Board that in the opinion of the Hon'ble the deputy Governor of Bengal a knowledge of the Persian language does not appear to be a necessary qualification for the office of Deputy collector under Regulation IX. of 1833.
The Board have communicated the above order to the revenue Commissioners.
No. 4, deputy collectors Appointed UNDER Regulation Ix. of 1833, Must Be ABLE to READ AND speak, THE WE RNAcu LAR LANGUAGE OF THEIR RESPECTIVE DIS frticits.
Mr. Officiating Secretary F. J. Halliday, on the 28th November last, informed the Board that it appeared desirable to the Hon'ble the Deputy Governor of Bengal for obvious reasons, that deputy collectors under Regulation IX of 1833, should possess at least a tolerable ability to read and speak the vernacular language of the districts to which they may be appointed. The Board have also been directed in future before submitting nominations of individuals to such situations, to satisfy themselves of the qualifications of the nominees in this respect, either through the local officers, or where the nomination may be by the Board, by examination at their own office of the candidate's acquirements. The results of such enquiries, or examinations, are to be reported with the nomination for the deputy Governors, consideration.
The Board have circulated the above orders among the revenue Commissioners, and have instructed them that the orders ought to have a retrospective effect, and to ascertain through the several Collectors, and inform the Board of the names of those Deputy Collectors subordinate to them, who may not be able to read and speak the vernacular language of the district in which they are employed, and to inform those individuals that their removal will be recommended, unless within six months succeeding the communication of the orders, to that effect, they attain this indispensable quali-' fication,
No 5, how commissioners of REvesue should issue on Ders on their SUBOR dux Ates.
The Board, on the 16th instant, instructed the Revenue Commissioners that whenever they may have occasion to communicate to any of their subordinates an order, requiring any particular duties to be performed, or any forms to be substituted for those in previous use, that the Commissioners will exact from such officer a declaration in answer that the order given him, has been duly carried into effect.
* We shall furnish the statement in the Calcutta Manthly Journal,—Reporter.