COURT OF QUARTER SESSIONS.

CALCUTTA, 3D FEBRUARY, 1836.
Present.

W. C. Blaquiere, Esq.....

C. K. Robison, Esq..

P. O'Hanlon, Esq..

G. J Siddons, Esq..

Baboo Radhacaunt Deb,..
J. Young, Esq..

Capt. Birch,

...

Messrs. Graham and Carr, ...

....

Chairman.

Magistrates.

Clerk of the Peace

Collector.
Assessors.

60

with a view to ascertaining the nature and expediency of the disbursements and the right of the Chief Magistrate to exercise sole authority in such matters. Permission to this effect was granted.

In reference to some remarks, it was stated that Mr. Mc Farlan, as Conservancy Magistrate, acted under the immediate authority of Governinent, and not under control of the Court of Quarter Sessions which was assembled, it would appear, solely to sanction the levying of the assessment. If the Government have placed Mr. McFarlan independent of the control of the Quarter Sessions, the act is illegal-it is in violation of an Act of Parliament which places all control in this Court, and this control we hope to see exercised in future, with some degree of vigilance.

It was resolved-That the present Assessment of 5 per cent. be taken as the Assessment for the ensuing We trust the Trade Association will take up this subquarter commencing 1st May next, and that notice be given in the daily paper, that all persons having objec-ject and petition the Governor of Bengal to remodel the tions to make against the valuation at which they are Conservancy Department, in conformity with the Act of assessed-do come in and appeal before the 16th inst. Parliament, and also solicit Government to place at the which appeals will be decided on the 27th, and from day disposal of the inhabitants all local municipal funds, to be administered, either by the Court of Quarter Sessions, to day afterwards until the whole are disposed of. or by an efficient and responsible corporation or commissioners, elected by the inhabitants. We pledge ourselves to keep the subject before the public and the Government, while there is any hope of accomplishing so desirable an object.

Mr Samuel Smith suggested that the Assessment should be made in Company's rupees instead of sicca rupees, i. e. that the former should be deemed equal to the latter in the Assessor's valuations; also that the accounts of the Assessment be kept in Company's rupees from 1st May.

Upon this subject, Mr. O'Hanlon expressed a fa vourable opinion generally; he thought the former suggestion should be adopted in all cases where real loss to the landlord required a mitigation-this could be shewn by petition in the usual way. On this subject he read, "as a part of his speech" (the Court refusing to give over these documents) two letters addressed to the Chief Magistrate one from Mr. Deputy Secretary Grant -the other from Mr. Accountant General Morley. By the former it appeared that, agreeably to public notice, the Company's rupee was to be deemed, in all matters to be equal to only 15-16th of a sicca rupee; by the latter, it was required that all accounts of the Assessment should be returned in Company's rupees, annas and pie from the 1st May next. To this effect the Court eventually decided.

It was suggested that the Court should from 1st May next, keep its accounts in Company's rupees, which was acceded to-it was also suggested that the assessments, or rather the valuation of houses assessed, should be made in Company's rupees instead of Sicca Rupees, i. e. the same amount in the new currency as in the old; but this was overruled, leaving the subject open to be determined upon appeal according to circumstances-the appeals will, we suspect, be numerous-if not, individuals cannot complain. If they do not seek the redress open to them, which is simple and attended with no expense, it is their own fault.

The usual assessment of 5 per cent. was ordered for the ensuing quarter.

This is but a meagre outline of the proceedings of this Court, which were of an unusually interesting character. We shall return to the subject and if possible offer someAlthough the Chairman of the Court refused to receive thing like a connected report-supported by documents these documents (which we will publish, if we can ob-in illustration of the facts above adverted to, and in extain them) as being informal, in not being addressed to the Court, but to an individual Magistrate, yet it was admitted that that Gentleman (Mr. McFarlan) was the organ of communication with Government and no other Magistrate took, or was permitted to take, any share in the management of Conservancy affairs-or any control over the collections or disbursements!

The Cash account of the Assessment for the last quarter was laid on the Table by the Collector and as we have been permitted to take a copy, we subjoin it.

planation of the anomalous position of this, at present, it reformed and to be able to furnish a much more satisvery inefficient Municipal Court. We hope soon to see factory account of its transactions.-Hurkaru,

The Magistrates met in Quarter Sessions at the Police Office, Mr Blacquiere presiding in consequence of the unavoidable absence of the Chief Magistrate. His colleagues of the bench, Messrs. Robison, O'Hanlen, and Siddons, and Baboo Radacant Deb were present, as also Mr. James Young, the Clerk of the Peace,

We also obtained a copy of the general Abstract of Captain Birch, the Collector, Messrs. Graham and Carr, the year's account which we likewise publish.

the Assessors, and one or two of the public, besides our brethern of the daily press-but a sorry answer to their call upon the public spirit of the inhabitants.

We attended the Court of Quarter Sessions on the 3d February, and were sorry to see so few of the Inhabitants The Collector's abstract of his receipts and disbursepresent, Mr. Blaquiere was in the Chair and there were ments for the last quarter was laid upon the table, and several Magistrates present, who all appeared willing to the following resolution to the usual effect was adopted. afford every necessary information as to the general ac-"That the present assessment of 5 per cent, be taken as counts and disbursements of the assessment, respecting the assessment for the ensuing quarter, and notice given in which however it appears that none of them, except Mr. all the daily papers that all persons having objections to Blaquiere, possessed any knowledge-as the entire ma- make against the said rate or the valuation at which they nagement and control of all conservancy matters, are, are assessed, do come in and appeal before the 16th it appears, vested in Mr. McFarlan the Chief Magistrate. instant"-the ensuing quarter being that which comThe accounts exhibited, as far as they go, speak well mences on the 1st May next. From the 16th February, for the diligence of the present Collector-the collections the Magistrates adjourn till the 27th, when the appelbeing considerably in excess of former years-principally lants are to be heard, and upon every succeeding day owing to the realization of old outstanding balances. until every case of appeal shall have been disposed of.

The net receipts for the past year appear to be nearly 40,00 rupees in excess of the preceding year, but the disbursements are also 10,000 rupees in excess!

Upon this subject, Mr. Smith on his own behalf and on behalf of others, present or absent, and fortified by the knowledge of circumstances stated in open Court, claimed permission to examine the accounts at leisure,

Mr. Samuel Smith suggested that after the 1st May, the assessments should be made in Company's Rupeesat the same rate in amount as now in Siccas. He said, if the batta difference were exacted, it will be a hardship in many cases, as he could shew in his own business, and he was satisfied tenants in general would not pay that difference. The Magistrates severally pointed

preventive police. But we do think usurpations of
power ought not to be tolerated any more than quiet
surrenders of legitimate authority and public trust, and
we are likewise of opinion that had the whole of the
magistracy given their attention to the business which
pertains to their offices, as members of the Court of
Quarter Sessions, they would probably have discovered
many an opening for a more economical distribution of
the funds.

assessment collected in the years 1832-33 and 1833-34,
It appears, by a statement in the Hurkaru, that the
fell short of the purposes to which it is applicable by
some 74,000 rupees, which has consequently imposed
upon Government the necessity of making good the
deficiency from the public Treasury.
In the year
1834-35, however, the assessment was short of the
expenses by only 20.000 rupes and upwards; and
in the year 1831-32, as we were informed, the assess-
ment was considerably in excess of the burthens. This
elicited from Mr. Samuel Smith, who, we are bound to
to say, took a very active and praise-worthy part in the
discussions, an opinion that more diligence had lately
been manifested in the department of collection; but
it appears to us, and indeed we were so assured, that
the deficiency in the accumulation since 1832, has
arisen entirely from the great commercial failures;
events which brought down the rents of houses, put
householders hors de combat, and rendered the col-
lection of money altogether a very troublesome task.
The truth of this is proved by the state of the collection
in the present moment of returning prosperity-when in
the very face of reduced rates, a sum of 50,000 rupees
above the previous two years' collections, is exhibited
to the admiring eyes of the taxed community.

out that the duty of the Collector being to take a fixed percentage, it mattered not in what currency it were taken; and on enquiry whether any orders had been received from Government upon the subject, two letters were produced which Mr. O'Hanlon read to the meeting. In these it was distinctly laid down that the collections were to be made in Company's Rupees after the 1st May, and the balance of account then appearing in Siccas were to be converted into the new currency at 106 108. Mr. O'Hanlon, after reading over some items in Captain Birch's statement, asked the Accountant, Mr. Watts, if there was any order in his office for the charges of 2 per cent. to the Collector, 1 per cent to the Collector's Sircars, &c., to which Mr. Watts replied in the negative, observing that the controul of these matters rested solely with the Chief Magistrate. Mr. O'Hanlon said, he himself knew nothing about those expenses, for he had never seen the accounts, but he thought they ought to be made public. Mr. C. K. Robison said, that for his part, never having been allowed any sort of controul in the matter, he had always refused to sign the Quarterly and Annual Abstracts. Mr. Blacquiere said, the Magistrates in Quarter Session had a clear right of controul, and it was their own fault if they did not exercise it. Mr. S. Smith considered that the people of Calcutta were paying a variety of municipal taxes-he could shew a list amounting to nine lakhs Town duties and Abkaree inclusive (Mr. Siddons remarked that he had very much over estimated the town duties, which for Calcutta alone were short of 170,00 Rs)-and ought to have a voice in their appropriation. He begged to know if the meeting would order or authorise the publication of the statement now produced. Both Mr. Robison and Mr. Blacquiere objected to giving any order or even authority for the publication, chiefly because such sanction might be construel into an authentication by them of a statement regarding Still, even under the improved aspect of affairs, and a department with which they had nothing to do; but taking into consideration the probability of many advanagreed in the general propriety of publicity,and in de- tageous suggestions being offered through the public claring as a matter of principle, that Mr. Smith and papers (when the accounts shall have been published) every other person who paid these taxes, had a clear we are disposed to think that the assessment will be right to inspect the accounts, and to take and publish found insufficient to the purposes contemplated in its any notes from them. Mr. O'Hanlon went further, and levy. Under this view we did not support a proposition directed the accountant to afford Mr. Smith all the emanating from Mr. Samuel Smith, for the reduction of information he might desire, and sharply lectured Mr. the rate of assessment to five Company's rupees per cent Watts for questioning the Court's right to make such That measure, though supported with a shew of reason order imperative upon the Chief Magistrate. He also overwould reduce the total assessment by eighteen thousand ruled a similar demur on the part of another of the rupees per annum, and thereby put the conservators of functionaries to deliver over to Mr. Smith a memoranpublic comfort in a worse condition than they now are. dum produced for the information of the Magistrates. Our earnestness in the matter of Municipal Government arise from a conviction that we ought voluntarily to It appeared that the collections of the four last quar-allow of an addition to our burthens for the sake of additers had exceeded those of either of the two years immedi- tional advantages.-Englishman. ately preceding: this it was explained, had arisen from the gradual recovery of the town from the effects of the great commercial failures, which had caused arrears in the collection and much depression in the rent. The gross amount of the assessment is now about 280,000 Sicca Rs. -Calcutta Courier.

CALCUTTA ASSESSMENT.

Statement of Receipts and Disbursements for 1832-33.

RECEIPTS.

House tax, gross collections...
Less commission and charges,..

Net collections,.......

DISBURSEMENTS.

Rs. A. P. 2,37,805 13 1 28,479 5 2

Rs. 2,09,326 7 11

Thanadaree establishment,...
Conservancy establishment, viz. super-
intendent of roads and executive of-
ficer, and their subordinate establish-
ment, overseers, sircars, peons, &c..
Cleansing the town,..

The Quarter Sessions of the Peace presented a much more animated scene than we suspect has distinguished the apartment in the Police Office in which it was held for a long time past. There were several persons present, and much " desultory conversation." After all, however, it must be confessed that nothing material was elicited beyond a distinct recognition of that which, it seems, has never been disputed-viz., the right of the tax-payers to look into the assessment accounts. If any thing has been established, which was not established before, it is that we, gentlemen of the Press, have not been quite as active as becomes us in procuring the regular publication of accounts current, and investigating the appropriation of the funds raised by assessment. this had been done, it is probable that Messieurs the Magistrates, instead of leaving to the Chief Magistrate Rent to constables, &c. only the task of disbursement, would have conformed New dung carts,. to the terms of the Act of Parliament, and superintended Petty charges.... the outlay themselves. In the absence of any present means of scrutinising the accounts, we do not blame Mr. McFarlan, for the manner in which he has disposed of the municipal resources, albeit we sometimes run over cows in the dark streets, swallow more dust than accords with our appetites pulverulent, and run an occasional risk of being "rapped o'the costard" for want of a good

Drains,
Buildings,.

Repairing Roads,.

...

Total disbursements,........ Rs. 2,82,589 9 11
Net receipts,. . . . . .
Rs. 2,09,326 7 11
Excess paid by Government, Rs. 73,263 2 0

ANNUAL MEETING OF THE SUBSCRIBERS TO THE FREE SCHOOL.

The Annual Meeting of the Subscribers to the Free School took place on the 30th January pursuant to advertisement.

The Rev. T. Robertson took the chair, and on being asked who was chairman, replied that he was by right,a right which was not conceded to him, the meeting being a general meeting, and he was accordingly formally moved into the chair.

The particular business of the day, was the election of governors. The following gentlemen were regularly balloted for and elected; viz. Messrs. C. Mackenzie, J. Kyd, W. Byrn, and the Rev. C. Wimberly.

After this business had been diposed of, Dr. Corbyn submitted a resolution on the propriety of submitting the annual reports of the institution to the approval of a meetThis resolution was ing previously to publication. agreed to.

Dr. Corbyn proposed a second resolution to the effect that increase of the allowances of the office bearers

should not be authorized without the consent of the ge-
neral body of subscribers.

A third resolution, sub nitted by Dr. Corbyn, was to
take into consideration the late encrease of the secre-
tary's salary.

Mr. W. Byrn proposed a resolution confirming a pre-
vious resolution of the Institution passed in July, 1833.
giving to the Lord Bishop and the Archdeacon the right
of voting in committee, of which they had been deprived
Rev. T. Dealtry to the office of archdeacon. This pro-
by a vote of the Governors on the appointment of the
position was opposed by the Rev. T. Robertson, the
Rev. C. Wimberly, and Captain Birch. The chairman
On a divi-
was proceeding to put it down summarily when Captain
Brich interfered, and it was put to the vote.
sion there were 10 in favor of the proposition and 10
against it. Finally it was determined that these propo-
sitions should be submitted to a special meeting to be
convened for the purpose.--Englishman.

SPECIAL MEETING OF THE SUBSCRIBERS TO THE FREE SCHOOL.

A special General Meeting of the subscribers to the Free School took place on the 16th February, for the purpose of considering certain propositions submitted to the general meeting, regarding the propriety of the vicepatron and visitor having a vote in the committee of management, &c. &c. On the motion of Mr. W. Byrn, seconded by Mr. Kellner, the venerable Archdeacon Dealtry took the chair.

The Venerable Chairman opened the proceedings, briefly alluding to what had taken place at the meeting recently held. With regard to one question he express ed his regret that it had ever been brought forward, and he now suggested that it were better all discussion should terminiate on that point, and that the suggestions by a writer in the Englishman should be adopted. He entirely disclaimed any share in the proposition affecting him as visitor which had been presented at the former meeting. With regard to the two other resolutions, tie up the governors the first of which went to than Rs. 1,0 0, without the from expending more sanction of a meeting of subscribers, and the second touching the expenses incurred by the church, he thought with regard to the former, that the governors were already restrained by the rules of the institution from entering into a larger expenditure; and as to the second, a reference to the accounts, would show that an efficient clergyman had been procured at a real expense to the institution of not more than Rs 150 per mensem. There had been much misrepresentation on the subject, but a reference to the accounts would bear out the assertion; and he appealed to the subscribers, whether that sum was too much to procure an efficient clergyman for so noble an institution. As far as the resolution affected him as visitor, he again sincerely hoped that it might not be pressed, fully aware as he was that these discussions led to misrepresentations which were highly injurious to the institution.

Mr. Wale Byrn explained the grounds on which he had brought forward a resolution at the last meeting, giving the Bishop and Archdeacon a vote in the meeting of the governors. This was supposed by some of the subscribers to be a new rule, brought forward to confer additional powers on those dignitaries, whereas it was but a resolution confirming one that had three years ago

* A resolution confirming a previous resolution of the institution passed in July, 1833, giving to the Lord Bishop and the Archdeacon the right of voting in committee, of which they had been deprived by a vote of the Governors on the appointment of the Rev. T. Deal try to the office of Archdeacon.

Under this rule

received the sanction of the subscribers. It was as fol-
Reverend the Lord Bishop of Calcutta, and the vener-
lows:-"That the visitors of the institution, the Right
able the Archdeacon be allowed to hold a seat in the
committee of Governors, ex-officio, and to assist in the
sent in his resignation, a discussion arose, whether he
deliberations of the executive." When the Archdeacon
should continue to have a right to sit or vote in commit-
tee, and the committee decided, as he (Mr. Byrn) be-
lieved, in forgetfulness of the rule just read, that the
Bishop and the Archdeacon were not entitled to vote at
the ordinary meeting of the committee.
Mr. Corrie had attended a meeting of the committee,
and as he (Mr. Byrn) had been the original proposer of
the rule, he confessed he did not like to see it abrogated
without an appeal to the subscribers by whom it had been
end to all doubts he would move, that the resolution pas-
sed in 1833, be confirmed. It had been said that the
originally sanctioned. Therefore with a view to put an
visitors had not exercised the right. Be that as it may,
that they posessed the right was clear, from a resolution
which had been exercised by the visitors for twenty years;
and that fact, in his, opinion, superceded the necessity
passed by a body fully entitled to confer it. A right, too,
of showing, that similar powers were conferred on visi-
tors of similar institutions in England. It was due to
Mr. Corrie to say that he had orriginally brought forward
this resolution without the then archdeacon's concur-
rence, and it was no less due to Mr. Dealtry to state
that he had acted entirely without consulting or advising
with him.

The Rev. Mr. Macqueen corrected Mr. Byrn. The committee had never questioned the right of the visitors to attend their deliberations; on the contrary, that right was fully conceded to them; all that was objected to was their right to vote. The practice prior to 1833 had been correctly stated by Mr. Byrn as far as the right of the visitors to attend the deliberations of the committee went, vote also. However, as the Venerable Chairman was averse to raising a discussion on the point, it was obvibut there was nothing to show that they had a right to ous that the question might very easily be settled. The Chairman had relinquished his right.

The Chairman begged that he might not be misunderstood. He had answered for himself alone, and not as to the rights of others. But for this he would answer, that neither the Bishop nor himself would ever interfere, where that interference was calculated to produce effects injurious to the institution. He trusted he might

in the church of St. Thomas? True it was, this was no new subject; but he mentioned it to shew the necessity of preventing further misapplication,-to prevent the funds from being diverted from the purpose for which they were subscribed, namely, for the education of poor destitute children. It was acknowledged that the building of the church was a decided misapplication, and now there was a large amount devoted to maintain

also add that they would never think of coming near this or ceive religious instruction equal to that afforded to them any other institution, unless they thought they could be useful in promoting the general good. For himself he declared that he had never sought power or influence, nor did he do it now, and whatever might be the fate of a resolution, which he hoped would not be pressed, he assured the meeting that it would in no way affect the interest he felt for the welfare of the school. As far as his influence went, whatever it might be, it should be exercised for the good of the institution, and he thought it could be exercised just as well without a vote, as with one in the com

mittee.

Archdeacon Dealtry interrupted Dr. Corbyn. It was not a large amount; he was informed that the sum taken from the school funds did not amount to more than 100 Rs per mensem.

The Rev. Mr. Macqueen hoped it would be understood that his objection to the Bishop and Archdeacon sitting| Mr. Corbyn. Be it so; though the statement does in committee was grounded on principle, and he would in not tally with the account in my hand. However we the same manner object to the Governor-General taking have misapplication upon misapplication. In the first his seat in their deliberations as the patron. It was evident that their presence would put a restraint on the place the church is built out of funds intended for the proceedings of the committee. In fact the clergy would education of the children, a chaplain is appointed, and be hampered by their diocesan's presence, for they would the subscribers. Now, is it not necessary to put a stop now the chaplain's salary is increased without consulting not like to put themselves in opposition to the known to this yearly increasing diversion of the funds from their wishes of their head, and in like manner the other ser

vices would feel a restraint by the presence of the Go-Proper purposes? For mark, how Mr. Garstin's salary has been increased. In the first year he is to have 250 vernor-General. Rs. per month till he is ordained by the Bishop; then it Mr. W. Byrn replied that this argument went to giv-is agreed that this shall not be increased till the pensions ing the visitors a seat as well as to allowing them a vote.fall in, but in defiance of this resolution the committee He thought Mr. Macqueen ought to follow it up by a increased Mr. Garstin's salary. resolution to that effect.

After some conversation, the following amendment was moved by the Rev. Mr. Robertson and seconded by Mr. Samuel Smith.

"That the Bishop and the Archdeacon being respectively, visitor and joint visitor, have a seat among the governors; but that they cannot be considered qualified

to vote.

The following amendment was then proposed by Mr. W. Byrn and seconded by Mr. F. D. Kellner:

"That with the view of removing all doubts which exist as to the construction to be given to the resolution passed at the General Meeting of the 22d June 1833, it be resolved that the Bishop and Archdeacon, as visitors of the school, shall have the power of voting on all matters of business connected with the institution."

On a division there appeared for the amendment 15, against it 18. Mr. Robertson's resolutions was declared to be carried.

Mr. Corbyn concluded by proposing the following resolution which was seconded by Mr. D. Clarke :—

"That the funds of the Free School being contributed for the support and education of destitute children, it be considered a misapplication which provides out of them the payment of the salary of the clergyman to St. Thomas's Church, and the resolution of the Governors of the 11th February and 12th August, 835, assigning the Rev. A. Garstin, a salary as chaplain, be null and void."

The Rev. Mr. Robertson said he agreed with Dr. Corbyn that the building of the church was a misapplication of the funds, and in justice to himself he must state that he did all in his power at the time to prevent it, but now as the church was built, the question whether they were to have a chaplain was quite a different consideration.

Some conversation followed in which Mr. Judge, Mr. R. Smith, Mr. S. Smith, Captain Birch and Mr. Mac Farlan took part. At length the Rev. Mr. Wimberly proposed the following amendment :

measure

"That in consequence of the difficulty of mustering an adequate number of subscribers so as to be able to arrive at their general opinion touching any new brought forward at the general meetings, and also with the view of obviating the incessant and insalutary changes to which the institution is subjected by conflicting party measures, it be resolved that the powers of all general meetings of the subscribers be restricted to the election of the governors, to whom shall be entrusted the controul and management of all the concerns of the institution." The proposition was received with astonishment, which presently gave way to a burst of laughter. When the confusion subsided,

Dr. Corbyn with reference to a letter on the subject of the Free School in the Englishman, had no doubt but that the writer was present, and would hear his reply. In the first place, with regard to building the church out of the funds belonging to the school, he thought, if the subscribers had acted as they ought to have done, they had come forward at the time, to have voted the Governors; had he been in the position he was now, he would have gone much further, he would have demanded that those governors should replace the funds they had so misapplied, for it was by the example afforded by such replacement, that future misapplication would have been prevented. The writer had freely admitted that the building of the church was an egregious blunder, but he argued, now that the church is built, it ought not to be The Rev. Mr. Wimberly explained, that as the subabandoned. In answer to this, however, he would put it to the meeting, whether because there had been one scribers elected the managers, the remedy was, if the latmisapplication, further misapplication must necessarily ter acted injuriously to the interests of the institution, to follow,-whether because there had been one egregious vote them out of office.

blunder a series of egregious blunders must be per- Mr. Samuel Smith enquired if there was any regulasevered in, whether because they had suffered from tion which authorized the displacing of the governors by one evil, a multitude of evils were to be inflicted? a vote of the subscribers?

The Rev. Mr. Wimberly immediately withdrew his amendment. He had not the most remote intention of

The writer had doubted the propriety of pulling down The Venerable Archdeacon explained, the subserithe church he also doubted the propriety of such bers only appointed four of the governors, of the remaina proceeding; but of this he had no doubt whatever, ing six, four were of the select vestry, and two were ap that the builders ought to be responsible for the funds pointed by Government. so misapplied. Looking at a neighbouring church, St. James's, built subsequent to the opening of St. James's school, the subscribers to the latter would not permit one fraction of their funds subscribed, to go towards the erection of the edifice, and he would like to know from those gentlemen who argue in favour of the church, whether the children would not have been equally benefitted by the religious instruction afforded in the school? or whether the children of the Orphan School did not re

taking from the subscribers the control they had over the

governors.

Dr. Corbyn's resolution was now read in an amended form as follows:

"Resolved that no salary of any of the higher appointments, such as superintendent, chaplain, master, mis