In other professions, in some at least, there are two, leading principles, of constant command on the one hand-and obedience on the other. With us there is one principle pervading all alike. Independence of opinion and freedom of speech. To make those qualities, however essentially useful, that they may conduce alike to the promotion of substantial justice, and to the creating and cherishing that good feeling and harmony which ought to exist among all the members of a Court-and which when it does exist, adds not only to the comfort and happiness of those who practise in it- but cannot fail to win also the respect of the public, they must ever be accompanied by a proper-not servile-but gentlemanly deference for the opinions of others and a mutual forbearance towards these infirmities of our common nature, which in spite of the very best endeavours to the contrary, will break forth, whether to be seen in the impatience, or perhaps sometimes the petulence of the Judge-or in the overstrained zeal-and sometimes hasty expressions of the Advocate. maxim which I endeavoured to lay down for myself upon taking my seat on this Bench; and if I have, as, from the terms in which you have expressed yourself this day, I may hope has been the case, at all acted up to that maxim on my part, I am sure that there has been many, and many, and many a time when I have had occasion to seek it on yours-and I am equally sure, that I have never sought it in vain. Accept then, Sir, for yourself and for those in whose name you have spoken, my most grateful thanks for all the kindness that I have received at your and their hands, and specially for this last and to me long enduring mark of esteem and regard--and with my best and cordial wishes, that so long as duty or inclination may induce any of you to prolong your stay in this country, your health, wealth and prosperity may daily increase; and when the happy time shall arrive for returning to your native home-that, in the bosom of your friends and your families, you may long enjoy the blessings of the land, with the fruits of your labours-I now bid you all "Damus hanc veniam petimus que vicissim" was the sincere-Farewell.-Madras Herald. CHOWRINGHEE THEATRE. PIZARRO. thinking it quite fair to expect much, even from the best "The play stands still; damn action and discourse; This couplet of Pope's seems to have been suggested In the theatrical exhibition of Wednesday evening the 20th January, it appeared to us that the tailor and the actor seemed to divide the public admiration in very proportions. Some of the dresses were extremely and called down thunders of applause. "Such was the shout, the long-applauding note Our Theatrical Secretary understands the public taste, and is determined not to pay it an unmerited compliment at the expense of his own pocket. He is aware of what a beggarly account of empty boxes" almost invariably follows the announcement of a play of intrinsic merit. On his Benfit nights, therefore, he appeals to the eye and not to head or heart. The more the play depends upon adventitious aid the better. Scenery, Dresses and Decorations," are the catchwords of his advertisements. These are baits that never fail. GudThere was scarcely standinggeons come in shoals. room in the house on this occasion. We need not explain to our readers that the play of Pizarro, so judiciously chosen by Mr. Farmer, is mere fustian from the first scene to the last. Its sickly sentimentality-its extravagant heroism-and its stilted and unnatural dic-equal tion must be sufficiently obvious to a mature and healthy brilliant judgment. It is a sad thing that Sheridan should have associated his name with such a production. It is true that it is little more than a translation from the German, but the choice of such a play for translation and the style in which it is "done into English," show that Sheridan had no genius for the tragic drama. He should have been satisfied with his fame as a wit. In his comedies the brilliant thoughts and fancies sparkle as incessantly as fireflies in a grove. But he had no mastery over the graver and deeper passions. In the play of Pizarro human nature is melodramatized after the same manner as inanimate nature is bedaubed and varnished on a tea-tray. Such glaring colours, however, catch the vulgar eye. The crowd are enraptured with these glittering effects, in which they think that nature is not exaggerated but surpassed. The language of Pizarro is neither verse nor prose. It reminds us of Dr. Johnson's censure of blank-verse; "if it be not tumid and gorgeous," said he, "it is crippled prose." Sheridan, though eschewing blank-verse for an equivocal measure of his own invention, has contrived in this tragedy to combine all the faults attributed by the critic to the unrhymed heroic metre. The style is not only inflated and gaudy, but it limps into the bargain. It was not however, our Secretary's purpose to weigh the literary merits of this play; he had only to consider its scenic and pecuniary capabilities. He danced to the money in both pockets." We, on the other hand, who are nothing if not critical," cannot help expressing our dissatisfaction with the choice of this portion of the evening's entertainment, as far as the understanding is concerned. We were in such bad humour with the piece itself, that we were not likely to be very favorable critics upon the manner of its performance, or the execution of the accessaries. But not tune of " Booth enters-hark! the universal peal! 'What shook the stage, and made the people stare?" The farce, properly so called, (for Pizarro is styled a tragedy,) came first in the order of performance, though as its precedence was avowedly a matter of stage-convenience only, we have noticed the longest piece first. The title of the farce is " One, Two, Three, Four, Five." It is a slight dramatic sketch, the effect of which depends entirely upon the filling up of the principal part, which is that of an actor who successively represents five different characters. Mr. Farmer undertook this difficult task and succeeded better than his best friends expected. He gave us imitations of Farren, Keeley, Jones, Harley, and Mathews with great truth and spirit. The versatility of talent which he displayed on this occasion confirms us in the favorable opinion which we have already expessed of his histrionic powers. We did not like his representation of a Frenchman; it was an extravagant caricature, both in dress and manner; but his Sir Peter Teazle (Farren), his Doctor Endall (Harley,) and his 1 Sam Dobbs (Keeley), were capital. His imitation of fered much injury at the hands of street practitioners, it MRS. ATKINSON'S CONCERT OF SACRED Barbiere not only unharmed by its manifold wrongs, but MUSIC. believe, generally allowed to be the best of this opera, and many probably consider it as, on the whole, the most The performance of Saturday the 2d January, was, we successful achievement in Calcutta operatics. Certain it is that the audience appeared contented and amused to the last, and we observed little tailing-off towards the end of the piece. The Amateur who played Almaviva maintained fully the reputation which his debut gained for him. He evidently felt more confidence and found more leisure to attend to stage effect, and the minutia which add so infinitely to the value of a performance, but which are too often disregarded or misconceived. It is the sedulous care of such minutia which renders Battali's comic acting so masterly, and which imparts a charm to Signora Schieroni's performance in Rosina and excell in the craft. The acting of Almaviva throughout Isabella, which makes even her bye-play in the highest the whole of that most difficult and trying piece the degree interesting, and instructive to those who would The first part of this concert on the 24th January, con sisted of selections from Jefte in Maspa, and an oratorio by Barthelemon, never before performed in this country: The music was chaste and beautiful, the production of genius of no mean order. The opening duetts by Mrs Atkinson and Madame Valadares are exquisite pieces, and were most charmingly executed. The Rondo is a beautiful composition, and was given in Mrs. Atkinson's well supported by the accompanying violins led by Mr. Philip Delmar. The fugue which closed the first part of the concert, is not the least pleasing part of the selections from Barthelemon, but the execution of it requires considerable delicacy; and the effect would have been better, in our judgment, if the piece had been given according to the intention of the It must be observed, however, that a composition of this composer, as a quarter, followed by the choral finale. kind must be repeatedly heard to be well-understood. We hope some of the pieces from Jefte may be re-intro-Finale of the First Act is deserving of the highest praise, duced in the succeeding concerts. The music of the second part is better known to the fully to such practised and masterly comedians as Schie- We must not conclude without noticing the coming of the Napalese Envoy towords the end of the first act. We cannot say what impression the music made on him; but when the concert was concluded, Mrs. At-encreased confidence applies quite as strongly to his kinson played on her Seraphine to show him the powers of the instrument and then sang a verse of the Persian song of Taze-be-taze and another of the national anthem. His Excellency expressed himself much pleased, and through the medium of his little boy presented Mrs. At kinson with a diamond ring.- Englishman. ITALIAN OPERA-IL BARBIERE DI SI VIGLIA. The singing as to his acting. His opening Cavatina was sung, we think, with more firmness and deliberation than on the former occasion, and it was received with warm plaudits by the audience. We may here remark that the tact displayed by this Amateur appears nearly as much in his mode of disposing of difficulties, as in his execution. There are passages in this Cavatina and in the Duett with Figaro which no singer with the compass of this Amateur's voice, could possibly give as they are written excepting in fulsetto, but by means of The "Barbiere" again attracted a numerous audience how or other planned away, and at the very moment a sort of vocal macadamization, inequalities are some to Chowringhee on the 2d January, and no wonder, for when we are protesting that some obstacle is insuperit would be difficult to provide a more exhilirating en-able, we find the singer bowling away on the other side tertainment than the performance of this truly delight with a most provokingly free-and-easy gait. These are ful opera offers, and now that the season is at its height buffets which the critic must bear as he can. and Calcutta brim full of Cis and Trans Ditchers, it Duett "Al idea," did not go off as smoothly as last would have been marvellous indeed if a goodly concourse time. could not have been assembled to partake of a regale so first instance, the Orchestra leading off in one key and This was probably owing to a false start in he excellent. Of this opera much has been said and writ- Pizzoni bolting into another, whilst Mr. Linton was in ten, iterated and re-iterated, but the extraordinary popu- vain striving to make the parties hear reason in the shape larity it has acquired in every clime and country, is a far of the true chord which neither leader nor singer had hit. more emphatic eulogy than tongue or pen can deliver. Really we must say that such exhibitions are not crediTo say that this general popularity can ever be attained table. There is no excuse for Signor Catania's blunder, by any but the highest order of excellence, would be to for we would not insult him by pleading in extenuation, write down the world one gigantic ass; and although we that the music required transposition. Neither is there are ever ready, with becoming candor, to acknowledge any excuse for Pizzon, for he not only was absolutely the existence of asininity both as an endemic and as an epidemic, still we are firm anti-contagionists, and we have condescending to err amicably with the Orchestra, he wrong, but he was also relatively wrong;-not even no hesitation in expressing our conviction that the whole must have a particular error of his own! Possibly it world was never at the same moment and for a consider- may be said that he acted according to a well known able period visited by this terrible disorder. We trust law in Mechanics, and was propelled in a diagonal we have been sufficiently guarded in dealing with this direction by the pressure of two opposing forces. very nice question. The music of the Barbiere has much to complain of, voice, and we never saw her act with more spirit. PizzoWe thought Signora Schieroni in particularly_good having endured a considerable portion of that rough ni and Bettali also were excellent-but the performkindness which falls to the lot of those who are in the ances of these three favorites in this opera have been so enjoyment of popularity. Thus it has been nearly suf- often noticed with the commendation they deserve, that focated with caresses in the boarding school, it has suf-we think it quite unnecessary to add a word. The con G tinued indisposition of the Amateur who is our Basilio par excellent, prevented, we regret to say, his resumption of the part, and we were consequently deprived of our favorite "La Calunnia." The character remained with Garate, but he wants comic power to give richness to it, although his voice told extremely well in the Quintett. Mrs. Atkinson introduced some variety into her air, which is very pretty and was well sung, but we think a little more acting would have improved it, its effect is capable of being greatly heightened by good coloring. The chorus were good, and the Orchestra, barring the occasional irregularities which we believe are quite inevitable in a band so constituted, acquitted themselves respectably. We hear that Generali's serious opera "I Baccanali di Roma" is in a state of forwardness and that there is talk of bringing it out in a fortnight. We have no doubt it will be well received for the music is very fine and it will have the support of the Amateur who played Almaviva and who is to take a leading part in the "Baccanali." But surely the public would not object to another performance of the "Barbiere" first?-Hurkaru. OPERA OF I BACCANALI DI ROMA. Generali's grand serious Opera of I Baccanali di Roma was brought out here on Friday the 15th January. Having been unable to attend any Rehearsals, and the Opera being quite new to us, we are somewhat at a loss to give an account of the performance; for who pretends to understand an Opera till it has been seen and heard half a dozen times? Although there was very much to admire, the whole bore remarks of haste and imperfect rehearsing-of the infinite difficulty in short, of getting up an entirely new opera where, owing to the wind instruments being part of a military band-not oftener to be obtained than two or three days in a week--and from other circumstances, only a few rehearsals can be had. The very idea of bringing out a new opera in a fortnight and in defiance of such difficulties would be treated in Europe as an absurdity, or a miracle; and the extent to which they were overcome on Friday evening at Chowringhee was exceptis excipiendis greatly creditable to all concerned. The orchestra most of all exhibited flagrant evidence of the want of sufficient study and practice; so much so, indeed, that the despairing performers on the stage were occasionally obliged to enrich the recitative with interpolations in the nature of interpellations exhorting the attention of their colleagues below, who, leader and all, seem to forget that the artists on the scene are not bound to follow them in all their variations from time and tune; but that on the contrary it is the besiness of the orches tra to watch the artistes on the stage with unremitting attention, and to wait upon them, even in those egaremens to which the nature of dramatic action or even the caprice of the artistes may give rise. It is the want of care in this respect which so often absolutely compels the illstared vocalists to have recourse in self-defence to nods and winks, and beating of time manibus pedibusque to arrest the furious gallopade of the orchestra; a practice ruinous to dramatic illusion. In spite of these defects, however, and of certain comical "unrehearsed stage effects," occasioned partly as we were sorry to hear by the illness of Mr. Leyding there was much to admire in the representation of the Opera. The music is exceedingly beautiful, and although, Pizzoni excepted, all the performers seemed to have suffered in some slight degree from a rehearsal the previous night, which terminated after mid-night, much of this music was exquisitely sung. Of the splendid exertions of the amateur who performed Ebuzio it is impossible for us to speak too highly. Without his aid indeed, we could now scarcely get up any Opera, either serious or comic, and he is equally successful in both. Nothing could be more happy than his elegant and graceful personation of the youthful Roman. In action and costume all was correct, and some of his attitudes more especially, perfect studies. The musical execution too, of the part was admirable-most impressive. The numerous passages in which this amateur and the Schieroni (Fesceni) were heard together, in first and second, were most beautiful and must render this Opera we think very attractive. To our unlearned ears it seemed that we had never heard any thing more effective and delightful than the quartetto and finale of the first act. The beautiful duo between Schieroni and Bettali was also sung with great effect, and the Signora's execution of the slow and pathetic movement was exquisitely touching, This morceau we learn, the execution of which elicited so much applause is an interpolation from Meyerbeer's Esule di Grenada, and a very happy one it is. Numerous other passages in the opera received full justice, at the hands of the performers, and merit particular mention; but we have only time to add that Pizzoni was in good voice, though he would perhaps have improved the general effect in the concerted pieces if he had moderated the exercise of his unimpaired powers, for the sake of harmonizing better with those who, less robust, felt the effects of the previous night's fatiguing rehearsal. We wish too, that he would contrive to require the prompter less in his recitative, and further, we would fain petition that too useful and ever active stage functionary to exercise his vocation however diligently, yet a little more sotto roce, than is his wont. Mr. Squires too, that eminent but vociferous man of machinery and master of various tongues, would do well to be less audible in his directions to the scene-shifters. On one occasion he fairly startled Ebuzio, who on his entrée was greeted by a loud voice from the coulisses or sacred Groves, -which said or seemed to say, "The devil take ye, hoist away." The scenery was indeed extremely mutinious, and occasionally could neither be coaxed nor threatened into position. All these little drawbacks, however, will be removed by repetition; and we hesitate not to express our conviction that after a little more study and practice, I Baccanali will be found one of the most delightful musical treats ever yet presented to the public. His Excellency the Commander-in-Chief was present, and the Nepalese Envoy and suite also graced the performance with their attendance.-Bengal Herald. UNCOVENANTED ASSISTANTS' PENSION FUND. REPORT of the Commitee of the Uncovenanted Assistants, on the subject of their Pension Funds. Your Committee in the present stage of their operations, feel it to be a duty which they owe to their constituents, to lay before them a succinct statement of their proceedings since the last General Meeting. Your Committee have spared no pains nor endeavors to accomplish the objects of their appointment; but at every succeeding Meeting which they held, fresh difficulties presented themselves, on a subject rendered so complex by the numerous considerations embraced in it. Your Committee, however, after a patient investigation of all the points that came under their deliberation, resolved upon Family Pension Fund, viz. the following scheme for the Uncovenanted Service That the Uncovenanted Service Family Pensions be divided into three separate Branches; viz. The Widows' Fund-The Fund for Male Children-and the Fund for Female Children. The Widows' Fund to consist of 5 distinct classes; the subscriptions regulated according to Table No. 1 entitling the Widows to the undermen The Fund for Male Children to be kept distinct, the subscriptions to be as in Table No. 2, and the pensions derivable from it to be 12 Rs. pen mensem to each child of a deceased member of the Fund, until he attain the age of 16 years, unless he be an orphan; in which case his pension shall be augmented to 16 Rs per mensem. The Fund for Female Children, to be also kept distinct subscriptions to be regulated by Table No. 3, and each Female Child of a deceased subscriber to the Fund to be entitled to a pension until she attain the age of 21 years; unless previously married.* tion of resorting to professional aid, for obtaining a proper Set of Tables; and with this view, they have it in contemplation immediately to invite tenders from persons inclined to offer themselves for the duty in question, for an adequate remuneration. Your Committee have been obliged to adopt this means, as few, if any of them, have leisure to devote to the consideration of the intricate questions involved in such calculations, and your Committee trust, that you will put it in their power to offer such a remuneration as will induce competent individuals to undertake the task, since correct Tables are alone wanting to complete their labors in the formation of a scheme, which will afford to our widows and children the means of a comfortable subsistence, when their natural guardians are removed from them by death. Your Committee are further about to address a letter to Lord William Bentinck, reminding His Lordship of the promise which he made to the deputation that waited on him previous to his departure for England, and imforming him of the steps which have been taken on their part, towards the forination of the Intended Fund; and from His Lordship's influence, your Committee entertain a well It was the intention of your Committee to have sub-grounded hope that their wishes will meet with due conmitted the above Scheme for the sanction of their consideration from the Home and Local Authorities. stituents, accompanied by a Code of Rules, so soon as the Tables above alluded to, which have been pre- Committee was drawn by an application from certain inIn the month of October last, the attention of your pared by a Sub-Committee, with considerable labour, had undergone a sufficient test from persons experienced dividuals to consider the expediency of appealing to Goin Annuity calculation To obtain this test, your Comvernment against the effects of the new currency orders. mittee were recommended to apply to one of the Gentle- A memorial to the Governor-General of India in Council men of the Committee of the late Government Assurance was consequently resolved on, and prepared under the Society, and the opinion formed by that gentleman from direction of your Committee, which was afterwards nua cursory review of the Tables prepared by a Sub-Com-merously signed, and forwarded to Government. This mittee, led your Committee to conclude that the rates Memorial and the reply which was given to it, have alof contribution inserted in the Tables, were too high com-ready been published for your information in the Jourpared with the rates of Annuity Societies generally, nals of the City. and not commensurate with the risk, besides being considered beyond the means of the majority of the service. Your Committee have therefore come to the determina (Signed) C. SMITH, Chairman of the Committee U. A. Calcutta, January, 1836.-Hurkaru. ANNUAL EXHIBITION OF VEGETABLES. The Annual Exhibition of Vegetables took place on ferent baskets, while others resorted to the equally mean the 20th January, at the Town Hall, and attracted a artifice, of dividing the contents of one basket into several, very respectable number of spectators, amongst whom for the sake of extorting a few extra rupees. Some we noticed the Chief Justice and family, Sir Benjamin thirty mallies were therefore turned out, but without any Malken, the Comander-in-Chief, Colonels Dunlop and thing to mark the displeasure felt at their petty roguery. Beatson, Dr. Marshman, the Hon. Mr. Melville, &c. The display was highly satisfactory, and exceeded the As usual on such occasions, there was a little confusion most sanguine expectations of members of the Society, at first, although every precaution had been taken, by considering the heavy rains, which fell after the first previously issuing tickets, to all intending competitors to sowings and destroyed most of the young plants in private secure regularity and guard against fraud. gentlemen's gardens. There was a Committee appointed by the President to select the best samples; it consisted of Colonel Dunlop and Messrs. Walker, Kyd, Bell and Masters. The baskets thus chosen, were sent to a table at the extremity of the Hall, where Lady Ryan presiding, pronounced a final decision on the different kinds, as they were brought forward; awarding to each, according to their respective merits. The successful mallies, were honoured in having their medals presented to them by the Misses Ryan. The highest pecuniary rewards had been fixed, as last year, at sixteen rupees, but the Lady President, anxious that none should leave the Hall without some little encouragement to future exertion, directed the largest sums to be broken. Lady Ryan next proceeded to the front entrance door, and as each mally (whose produce had not been selected for the higher prizes), passed out, kindly distributed, one, two or three rupees, until it was discovered that several who had been handsomely rewarded at the table, had the effrontery to present themselves a second time, with dif From considerations connected with the remuneratory pro position for the compilation of a new set of Tables, independently of their great extent rendering it inconvenient to put them in type, it is considered inexpedient to publish the Tables alluded to, but they can be inspected by any Uncovenanted Assistant on application to the Secretary to the Committee. To give a general idea of them, it may be sufficient to state, that for the mid ile ages, the contributions average one-third of the pensions proposed to be granted. The cabbages and cauliflowers were particularly fine, and we were happy to find that the benefit of the resolution proposed recently by Sir John Peter Grant, to include the mallies of private gentlemen's gardens, has been in two instances recognized. The first was the finest specimen of celery from the garden of a Mr. J. Penny (the Revd. we believe) residing in Elliot Street, who received a medal for paying attention to his master's interest. The second was a medal awarded to a Mr. J. Rodrigues for the only, and a very fine, specimen of the white brinjal. A few very superior sugar-canes were also sent by Mr. Rodrigues, but as this was strictly an Horticultural exhibition, nothing beyond praise could be dispensed. mer annual exhibitions. Perhaps it would be judicious Some of the competitors had several medals from forto exclude from competition those who have won meda's several times successively, and give scope to other competitors who might equal, though they could not excell, them. Now also that the Society have effected by their encouragement so much improvement in our vegetables. and have brought them perhaps to as great a degree of perfection as possible, we would suggest to that body to turn their attention to our fruits, and to afford an equal encouragement to the careful cultivation of them also, which we have no doubt would be attended with an equally beneficial result.-Hurkaru. SUPREME COURT. THURSDAY, JAN. 7, 1836. sued at home, and that it was not authorized by any of the rules and orders of the court though it had been the practice here as near to that of the London Consistory This being the first day of the term the Court sat at Court as possible, ordered that in future the Ecclesiastieleven o'clock. Thomas de Aquino, who had been convicted at the last session of a rape upon a child under seven years of age, was brought before the Court to receive sentence. Mr. Justice Grant had thought it right to postpone passing sentence under the circumstance of this case, till the present term. The sentence was that the prisoner be transported for life to Penang. cal Registrar must examine the witnesses of the promovent upon the alligations of the libel merely, without written interrogatories. This rule nisi was made absolute, but not with costs, as the promovents acted on the practice of this court. IN THE MATTER OF WILLIAM HALLOWAY. In consequence of the indisposition of Mr. Turton, the argument in this matter was postponed, by consent, till this day week.-Englishman. FRIDAY, JANUARY 15. IN THE MATTER OF HOLLOWAY. Application was made for the postponement of the argument of this case till Thursday next, in consequence of the illness of Mr. Turton who was counsel for the Habeas Corpus. The postponement was assented to by the Court. IN THE MATTER OF HARRIET MACNAIRN. A writ of Habeas Corpus had been obtained calling upon one Robert Macnairn to produce the bodies of three children specified in the writ, the return to which was now put in. The return stated that the children named in the writ were his own children by Mary Cassidy and that the said Harriet was born in May 1828, the second Mary in December 1829, and the third Margaret in 1833; that the said Robert Macnairn was not married-that Mary Cassidy left his house in May 1834, without any reasonable cause, he having shewn no unkindness whatever to her, that for several years she had been much addicted to drinking, and that the said Robert Macnairn feared that if the children were intrusted to her, her example would contaminate their morals; that since she had left his house she had been living in a state of prostitution; that the children were regarded by him with the kindest paternal feelings, and that he intended to send them to Scotland to his own friends and relations; that they were now upwards of a hundred miles from Calcutta in a situation which could only be reached by water in the rainy season, the river Madabungah being at the present season too shallow to allow boats to pass; and that to send them such a journey by dawk might probably endanger their lives. Two affidavits were put in to contradict the affidavits of the mother upon which the writ was obtained Mr. Marnell who applied for the Habeas Caunell as Counsel for Paupers, objected to these affidavit being read without being first filed and his client having an opportunity to inspect them. The return was directed to be filed together with the affidavits abovementioned and another in the French language, and the case was adjourned till Monday next to afford the party applying for the writ time to answer their contents.-Hurkaru. MONDAY, JANUARY 11. IN THE BUSINESS OF THE PROVING OF THE WILL OF GEORGE PAGE DECEASED. This was a rule nisi, obtained on a former day, to show cause why the interrogatories filed for the promovent should not be taken off the file. It appeared that the practice of this court hithert has been to file interrogatories for the promovent, and for the Examiner in Equity to examine the witness upon them. It was argued for the impugnant that this was contrary to the course pur COMMON LAW SIDE. MAC DORMOND versus DEARIE. M. Grant opened the pleadings. Mr. Pearson addressed the Court for the plaintiff. This was a question arising out of a demand for pas sage money on board the Sea Horse, pilot vessel, of which the plaintiff had the command. The case rested upon two questions; the one whether ar. undertaking was entered into by the defendant to the extent alleged in the plaint; the other whether the responsibility of that engagement fell upon the defendant during the whole time. By the permission of the Government, the Pilots of this presidency were allowed to take passengers, who for the sake of health, or other reason were desirous of proceeding down the river. The terms upon which this accommodation was granted were fixed by the Government, and those terms were in fact the basis upon which the agreement, the subject of the action, was founded. Conformably with the regulations on this subject the defendant in the month of March last, applied by letter to the Master Attendant, stating that the Revd. Mr. Charles and his wife, and the defendant, intended to go down the river in a Pilot vessel. The defendant took upon himself the whole arrangement of the transaction, and subsequently had a private conversation with the plaintiff, in which he stated the period for which the accommodations were intended to be taken. On the 18th of March the parties went on board. They had two cabins; and subsequently two other passengers came on board, Mr. Halket and Mr. White. These two gentlemen were so well pleased with their treatment whilst on board that they wished to prolong the period of their stay, if the defendant would give up his cabin, a circumstance which, considering the respectability of the parties, told much for the conduct of the defendant. This the plaintiff refused and said that he plaintiff and the accommodations he provided for the should not leave till April. On that very evening, however, the defendant left the vessel, and Mr. and Mrs. Charles on the 27th. It need hardly be mentioned that it is necessary upon occasions of this kind to lay in stores and provisions proportioned to the length of the voyage and the number of passengers-this was done and the vessel was amply provisioned as would appear by the bills and receipts for commodities furnished for that purpose. On his return to Calcutta application was made to Dearie for the passage money of all the party he having entered into the agreement for the whole accommodation. Nine hundred rupees was the sum demanded, and the answer to that demand fully establishes the admitted responsibility of the defendant on the contract. That answer was conveyed in these terms "when Mr. McDormond sends a correct bill the amount will be settled." This admitted the contract. Now the remuneration allowed by the Government Regulations cor |