ciation, while the keeping up of the same establishments as heretofore would secure the more active and zealous conduct of those employed. That the measures taken by the committee and refer Read a letter from Captain Cunningham, of the red to in the report for the construction of the two new vessels, and for the procuring their engines from England, Forbes, much to the same effect. are confirmed, and the thanks of the proprietors be conProposed by Mr. Cullen and seconded by Mr. Mac-veyed to Captain Henderson for his active and zealous kenzie, and carried, aid on behalf of the association. That it is not expedient to reduce the establishments of the present tugs, below the statement of their late equipment (laid upon the table), as regards present in cumbents, but that the committee be requested on vacancies taking place, to use their best exertions to promote economy consistent with the full efficiency of the vessels. plying the fuel for the steamers cannot be found, and whether the appointment of an efficient superintendent at the coal depots might not be desirable. Proposed by Mr. G. A. Prinsep and seconded by Mr. A. McGregor, and carried, Proposed by Mr. Cragg and seconded by Mr. G. A Prinsep, and carried, That the additional articles referred to, be engrossed as an appendix to the deed of co-partnership, and the Proposed by Mr. James Hill and seconded by Mr. signatures of all new subscribers be procured thereto. That the committee be requested to enquire into with partnership, requiring the annual election of the coma view of ascertaining whether a better method of sup-mittee of management. That a dividend of 50 Company's rupees per share be advertised for immediate payment. Read a draft of the additional articles prepared by the legal advisers of the association for embracing the 200 additional shares. Proposed by Mr. W. Prinsep and seconded by Mr. Cullen, and carried, It is Resolved ananimously. That the gentlemen who were upon the late committee be re-elected, and that James Cullen, Esq., be elected in the room of John Stewart, Esq., deceased. That the thanks be given to the chairman. DISTURBANCE AT DUM-DUM. We learn that a disturbance, or rather a difference. We are advised that this belief on the part of these but of a somewhat serious nature, has, within the past men originates thus: The scale of pay claimed by them week, taken place among the troop-establishments of was sanctioned for similar establishments of the horse the Horse Artillery at Dum-Dum. The facts and artillery depôt of instruction (which existed at Dum. generally understood causes are thus represented to us: Dum, from the end of 1825 until the beginning of 1830) The troop in question arrived from Kurnaul in the and is the same as received by the syces and grass-cutters month of January last; and, not aware of any claim of the Governor-General's body guard at the presiwhich the syces and grass-cutters had, or conceived dency. Two years previously to the abolition of such themselves to have, to a higher rate of pay, in conse- depôt, by Lord Wm. Bentinck, a troop of horse artilquence of their location at regimental bead-quarters,lery was for the first time stationed at Dum-Dum, and than they before received while cantoned in the upper (we suppose because it would have been an absurd anoprovinces or on the march down, the commanding maly that the same classes of servants in the same arm officer drew for them in his abstracts for that and the suc- of the service should receive different rates of pay at the ceeding month at the old and general rate of four rupees same station), to the establishments thereof, so long as a syce and 3-8 for each grass-cutter, and these rates were they should continue at Dum-Dum, were sanctioned duly passed and paid to him in the proper departments. The allowances before authorized for those of the depôt. On pay-day, however, the men refused to receive these | As, although a relief of the horse artillery at the station sums, alleging that they (the syces) were entitled to five has since taken place more than once, it has never exrupees, the grass-cutters to four rupees each, and that the tended to the troop horses, the syces and grass-cutters establishments of the relieved troop and its predecessor have remained stationary until the present year, when had, ever since 1828, received such higher rates which the relieving troop brought down all its material equip. were specially authorized for the presidency station. ment, horse, draft and native establishments, while The circumstance was reported through the Command-those of the relieved troop accompanied in like manner ant to Major General Sir Willoughby Cotton, command- its recent march to Upper India, having received until ing the division. Whether in consequence of instruc- the last the high rates of pay allowed to them nine years tions to such effect from that quarter, or acting upon his before. Aware of what their predecessors had received own judgment, we know not precisely, but Brigadier at Dum-Dum, expecting that this was the local rate, Faithful had the men assembled and ordered them to and not a special grant, under temporary circumstances take their pay, that is the lower rate, which they did. to the establishments of a particular troop, the syces and Subsequently, however, when the ordinary stable duties grass-cutters of Captain Wood's troop of horse artillery came to be demanded of them by the troop officer, the have claimed the same. Thus it will be seen that they great majority were not forthcoming, and after several have some ground for their belief, some show of reason ineffectual bugle calls only some fifty or sixty could be for their expectation. But it will, of course, remain mustered for the service of the horses. In more than with the Government, to whom the matter has already one instance the complaints of the treatment which been referred, to decide on the merits of the men's claim, they had received, and their refusal to resume as to whether the rate hitherto sanctioned is to continue their duties were " improper in form and insubordinate in force at Dum-Dum with this, and all future troops, in expression." And thus the matter stands for the or to terminate with the departure of the men in whose So much for the history of this little affair, on which, dary punishments of any efficacy in the native army. It as in many more or less similar cases, since the unfortu- was, therefore, a most erroneous liberality-the evil effects nate total abolition of corporal punishment in the native of which are becoming year by year more and more aparmy, our readers will, as ourselves, be compelled with parent,-to remove the one old barrier of restraint, to proregret to observe the extreme helplessness of cominand- hibit any the slightest and most necessary flogging, the ing officers, whenever their legitimate authority is, as here, dread possibility, the distant terrors of which had most disputed by their native soldiery and regimental esta-salutary effects upon the discipline and respectfulness of blishments. Orders are disobeyed, duties unperformed, the sepoy. Rarely resorted to, and then as a prelimi wholesome control impracticable, because the European niry to permanent and ignominious discharge, it was not officer knows, that if he brings an offender to a court abused, it was not as elsewhere and of old a horror to martial, that court will and must pronounce the very humanity, but a needful and proper, because efficient sentence to obtain which the offence was committed. and moderate, punishment for the two offences to which There are not, there cannot be, intermediate and secon- it was latterly restricted.-Hurkaru, March 28. THIRD MEETING FOR THE FORMATION OF THE LANDHOLDERS' SOCIETY. Proceedings of the Meeting of the Committee of the Land-charge of the office at present gratuitously, until the . Proposed by the P. Secretary, that as a division of labour is unquestionably found to be of great advantage to a great undertaking, and also in anticipation of other benefits, it be resolved that for each three districts of Bengal there be two gentlemen of the committee appointed special corresponding members, with a view of attract P. C. Tagore, the Provisional Secretary of the com mittee, submitted the names of the following gentlemeng new members to the Society from those districts, and who have applied since the last public meeting to be endeavouring to establish Branch Societies there as re. elected as members of the society, and they were accord-commended by rule xxxiv. of the Society, as well as ingly elected unanimously: to promote the general objects of the Society, and it was carried unanimously. Mr. Martin, of Messrs Cockerell and Co.; Mr Deuman, of Messrs. J. A. Walker and Co.; P. J. Paul, Esq.; R. Salano, Esq.; James Farlong, Esq.; John Carr, Esq.; W. N. Hedger, Esq.; W. Storm, Esq.; John Bell, Esq.; John H. Brigman, Esq.; H. Harris. Esq.; D. Andrew, Esq.; A. C. Dunlop, Esq.; J. Humfrays, Esq.; George Palmer, Eq., at Poorneah W. F. Furgusson, Esq.; Baboo Ramthone Banerjee ; Baboo Unnodaprasac Banerjee; James Furgusson.hat the rules of the Society and the proceedings of the Esq.; Capt. G. Vint; John Holingsheb Haines; Rus- first day's meeting be printed in English and Bengally, tomjee Cowasjee, Esq.; Ranee Soorja Money Debey, and in English and Oordoo, 1,000 copies each, and 200 zemindar of purgunnah Lushiker pore Rajshaye, by her copies also in English, and on thin prest paper, the for Dewan Casseynauth. mer for distribution in the Mofussal, and the latter for despatch to England. Proposed by the P. Secretary and carried nem con, Mr. Dickens proposed the following resolution, which was seconded by Rajah Kallekissen Bahadoor, and Icarried nem con. The committee authorized Mr. Dickens to secure the services of a European secretary for the Society, upon Proposed by Rajah Kalle Kissen Bahadoor, and seconded by Rajah Rajnarain Roy, and carried, that notifications in English and Bengally be inserted in the newspapers, that any party desirous to become a member of the Society may send his name to the secretary, and the amount subscription to the Union Bank. ciation, while the keeping up of the same establishments as heretofore would secure the more active and zealous conduct of those employed. That the measures taken by the committee and refer Read a letter from Captain Cunningham, of the red to in the report for the construction of the two new Forbes, much to the same effect. vessels, and for the procuring their engines from England, are confirmed, and the thanks of the proprietors be conProposed by Mr. Cullen and seconded by Mr. Mac- veyed to Captain Henderson for his active and zealous kenzie, and carried, aid on behalf of the association. That it is not expedient to reduce the establishments of the present tugs, below the statement of their late equipment (laid upon the table), as regards present in cumbents, but that the committee be requested on va cancies taking place, to use their best exertions to promote economy consistent with the full efficiency of the vessels. plying the fuel for the steamers cannot be found, and whether the appointment of an efficient superintendent at the coal depots might not be desirable. Proposed by Mr. G. A. Prinsep and seconded by Mr. A. McGregor, and carried, Proposed by Mr. Cragg and secouded by Mr. G. A Prinsep, and carried, That the additional articles referred to, be engrossed as an appendix to the deed of co-partnership, and the Proposed by Mr. James Hill and seconded by Mr. signatures of all new subscribers be procured thereto. Cragg, and carried, With reference to the 18th clause of the deed of copartnership, requiring the annual election of the com That the committee be requested to enquire into with a view of ascertaining whether a better method of sup-mittee of management. That a dividend of 50 Company's rupees per share be advertised for immediate payment. Read a draft of the additional articles prepared by the legal advisers of the association for embracing the 200 additional shares. Proposed by Mr. W. Prinsep and seconded by Mr. Cullen, and carried, It is Resolved ananimously. That the gentlemen who were upon the late committee be re-elected, and that James Cullen, Esq., be elected in the room of John Stewart, Esq., deceased. That the thanks be given to the chairman. DISTURBANCE AT DUM-DUM. We are advised that this belief on the part of these men originates thus: The scale of pay claimed by them was sanctioned for similar establishments of the horse artillery depôt of instruction (which existed at DumDum, from the end of 1825 until the beginning of 1830) We learn that a disturbance, or rather a difference, but of a somewhat serious nature, has, within the past week, taken place among the troop-establishments of the Horse Artillery at Dum-Dum. The facts and generally understood causes are thus represented to us: The troop in question arrived from Kurnaul in the and is the same as received by the syces and grass-cutters month of January last; and, not aware of any claim of the Governor-General's body guard at the presiwhich the syces and grass-cutters had, or conceived dency. Two years previously to the abolition of such themselves to have, to a higher rate of pay, in conse-depôt, by Lord Wm. Bentinck, a troop of horse artilquence of their location at regimental head-quarters,lery was for the first time stationed at Dum-Dum, and than they before received while cantoned in the upper (we suppose because it would have been an absurd anoprovinces or on the march down, the commanding maly that the same classes of servants in the same arm officer drew for them in his abstracts for that and the suc- of the service should receive different rates of pay at the ceeding month at the old and general rate of four rupees same station), to the establishments thereof, so long as a syce and 3-8 for each grass-cutter, and these rates were they should continue at Dum-Dum, were sanctioned duly passed and paid to him in the proper departments. The allowances before authorized for those of the depôt. On pay-day, however, the men refused to receive these As, although a relief of the horse artillery at the station sums, alleging that they (the syces) were entitled to five has since taken place more than once, it has never exrupees, the grass-cutters to four rupees each, and that the tended to the troop horses, the syces and grass-cutters establishments of the relieved troop and its predecessor have remained stationary until the present year, when had, ever since 1878, received such higher rates which the relieving troop brought down all its material equip were specially authorized for the presidency station. ment, horse, draft and native establishments, while The circumstance was reported through the Command-those of the relieved troop accompanied in like manner ant to Major General Sir Willoughby Cotton, command-its recent march to Upper India, having received until ing the division. Whether in consequence of instruc- the last the high rates of pay allowed to them nine years tions to such effect from that quarter, or acting upon his before. Aware of what their predecessors had received own judgment, we know not precisely, but Brigadier at Dum-Dum, expecting that this was the local rate, Faithful had the men assembled and ordered them to and not a special grant, under temporary circumstances take their pay, that is the lower rate, which they did. to the establishments of a particular troop, the syces and Subsequently, however, when the ordinary stable duties grass-cutters of Captain Wood's troop of horse artillery came to be demanded of them by the troop officer, the have claimed the same. Thus it will be seen that they great majority were not forthcoming, and after several have some ground for their belief, some show of reason ineffectual bugle calls only some fifty or sixty could be for their expectation. But it will, of course, remain mustered for the service of the horses. In more than with the Government, to whom the matter has already one instance the complaints of the treatment which been referred, to decide on the merits of the men's claim, they had received, and their refusal to resume as to whether the rate hitherto sanctioned is to continue their duties were "improper in form and insubordinate in force at Dum-Dum with this, and all future troops, in expression." And thus the matter stands for the or to terminate with the departure of the men in whose So much for the history of this little affair, on which, dary punishments of any efficacy in the native army. It as in many more or less similar cases, since the unfortu. was, therefore, a most erroneous liberality-the evil effects nate total abolition of corporal punishment in the native of which are becoming year by year more and more aparmy, our readers will, as ourselves, be compelled with parent,-to remove the one old barrier of restraint, to proregret to observe the extreme belplessness of comunand- hibit any the slightest and most necessary flogging, the ing officers, whenever their legitimate authority is, as here, dread possibility, the distant terrors of which had most disputed by their native soldiery and regimental esta-salutary effects upon the discipline and respectfulness of blishments. Orders are disobeyed, duties unperformed, the sepoy. Rarely resorted to, and then as a prelimiwholesome control impracticable, because the European nary to permanent and ignominious discharge, it was not officer knows, that if he brings an offender to a court- abused, it was not as elsewhere and of old a horror to martial, that court will and must pronounce the very humanity, but a needful and proper, because efficient sentence to obtain which the offence was committed. and moderate, punishment for the two offences to which There are not, there cannot be, intermediate and secon-it was latterly restricted.-Hurkaru, March 28. THIRD MEETING FOR THE FORMATION OF THE LANDHOLDERS' SOCIETY. Proceedings of the Meeting of the Committee of the Land-charge of the office at present gratuitously, until the holders' Society, held on the 27th March 1837, at the fund of the institution shall enable the committee to Town Hall. allot a reasonable allowance to him. Proposed by the P. Secretary, that as a division of labour is unquestionably found to be of great advantage to a great undertaking, and also in anticipation of other benefits, it be resolved that for each three districts of Bengal there be two gentlemen of the committee appointed special corresponding members, with a view of attract P. C. Tagore, the Provisional Secretary of the com mittee, submitted the names of the following gentlemeng new members to the Society from those districts, and who have applied since the last public meeting to be endeavouring to establish Branch Societies there as re. elected as members of the society, and they were accord- commended by rule xxxiv. of the Society, as well as ingly elected unanimously: to promote the general objects of the Society, and it was carried unanimously. Present: T. Dickens, Esq.; G. Prinsep, Esq.; Rajah Burrodacant Roy; Rajah Kalikrishna Bahadoor, Rajah Rajnarain Roy; Cower Suttechurn Ghossaul; Baboo Ramruttun Roy; Baboo Ramcomul Sen; Baboo Prossonocomar Tagore, and several visitors. Mr. Martin, of Messrs Cockerell and Co.; Mr. Deuman, of Messrs. J. A. Walker and Co. ; P. J. Paul, Esq.; R. Salano, Esq.; James Farlong, Esq.; John Carr, Esq.; W. N. Hedger, Esq.; W. Storm, Esq.; John Bell, Esq.; John H. Brigman, Esq.; H. Harris. Esq.; D. Andrew, Esq.; A. C. Dunlop, Esq.; J. Humfrays, Esq.; George Palmer, E-q., at Poorneah W. F. Furgusson, Esq.; Baboo Ram thone Banerjee ; Baboo Unnodaprasac Banerjee; James Furgusson.hat the rules of the Society and the proceedings of the Esq.; Capt. G. Vint; John Holingsheb Haines; Rus. first day's meeting be printed in English and Bengally, tomjee Cowasjee, Esq.; Ranee Soorja Money Debey, and in English and Oordoo, 1,000 copies each, and 200 zemindar of purgunnah Lushiker pore Rajshaye, by her copies also in English, and on thin prest paper, the for Dewan Casseynauth. mer for distribution in the Mofussal, and the latter for despatch to England. Proposed by the P. Secretary and carried nem con, Mr. Dickens proposed the following resolution, which was seconded by Rajah Kallekissen Bahadoor, and carried nem con. Proposed also by the P. Secretary, and carried, that notices of motions on all subjects be given by the mem Resolved, that the names of parties wishing to becomeber who proposes to move at one ordinary meeting, to be members shall be proposed at any ordinary meeting, and discussed and decided in the following one. such members shall be ballotted for, and elected at, the ensuing one. ..... Proposed by the P. Secretary, that the Union Bankit be requested to act as treasurer of the Society, and it was accordingly resolved that a letter be written to the secretary of the Bank on the subject. Proposed by the P. Secretary, that the following establishment is necessary to commence the business of the Society, and it was accordingly passed by the meeting. Proposed Establishment for the Landholders' Society. An European Secretary.. An Assistant.... A Pundit.... A Moonshee.. .... A Duftry...... Proposed by Rajah Kalle Kissen Bahadoor, and seConded by Rajah Rajnarain Roy, and carried, that notifications in English and Bengally be inserted in the newspapers, that any party desirous to become a member of the Society may send his name to the secretary, and the amount subscription to the Union Bank. 0 50 20 10 5 5 10 Co.'s Rs. 100 The committee authorized Mr. Dickens to secure the services of a European secretary for the Society, upon Proposed by the P. Secretary and carried, that a respectful letter be addressed to the Government informing of the establishment of the Society, and soliciting that it will command the service of the Society whenever required on all judicial, revenue and police matters, or any thing connected with the general welfare of the country, in the same manner as the Government now does with the Chamber of Commerce, in all points of a commercial nature. The P. Seceretary submitted an application from certain individuals requesting the Society to memorialize the Government to introduce the vernacular language in the proceedings of the Sudder Dewany Adawlut instead of Oordoo, as contemplated by the Judges of that Court, in substitution of Persian. It is ordered that, with reference to the preceding resolution on the consideration of this subject, it be postponed till next meeting. It is resolved, that at present, every Monday at 4. P.M. a meeting of the committee be held until otherwise directed. PROSSUNNOCOMAR TAGORE. RAM COMUL SEN. SUPREME FRIDAY, MARCH 3. (Before Sir Edward Ryan, and Sir J. P. Grant). Their Lordships gave judgment this day in the lowing cases which stood over. CorKERELL AND OTHERS ASSIGNEES OF PALMER Co. versus THEODORE DICKENS AND OTHERS. one creditor would be allowed to receive more than the jest. But this unequal distribution depended on the decision of a court of competent jurisdiction abroad, fol-judging in conformity with the laws which prevailed there, and it was impossible for the Supreme Court of Calcutta to remedy the inequality. The case must be admitted to be one of doubt and difficulty, but the court shown no ground for relief. The demurrer therefore had come to the conclusion that the complainants had must be allowed and the bill dismissed. AND Sir E. Ryan said, that this was a demurrer to a bill in equity, and was argued before his Lordship sitting alone in the 4th term of last year. The court now allowed the demurrer. COURT. Bill dismissed accordingly. The Chief Justice intimated, however, that each party must pay their own costs, because the case was undoubtedly one of sufficient difficulty to justify the complainants in taking the opinion of the court. The learned Chief Justice here went over the facts stated in the bill at great length; they are shortly as follow:-An Armenian merchant, deceased, resident in Batavia, was a creditor of a large amount of the firm of Palmer and Co. His interests are represented by the present defendants, the Registrar of the Supreme Court being the administrator in this country with the will annexed, and the other defendants being parties benefi cially entitled under the will. Upon the insolvency of Palmer's firm the registrar of the Supreme Court as administrator cum testamento annevo, proved the debt due to the deceased creditor from the firm, and obtained payment of the rateable dividends. About the same period, however, a certain public body in Batavia, called the Orphan Chamber, who had been appointed by the in will to act as executors and trustees for the deceased creditor in that country, instituled a suit in the courts of Batavia against certain property (a plantation) in which the firm of Palmer and Co. was interested. This suit being decreed in their favour, the property in question was ordered to be sold, and the proceeds directed to be paid over to the Chamber as executors and trustees for the deceased creditor. The whole amount thus received by the estate of this creditor of Palmer and Co., greatly exceeded the dividend received by the other creditors. Accordingly the present suit was instituted by the assignees of Palmer and Co., to compel the defendants (as being the only representatives of the party, who were subject to the jurisdiction of the Supreme Court of Calcutta) to refund the dividends which were paid over to them in ignorance of the proceedings instituted in Batavia, so as to make the amount received altogether by the state of this particular creditor not more than equal to the dividend paid to the other creditors. The learned Chief Justice stated, that a no au thority precisely in point had been cited by the counsel who argued the case at the bar, although the question had been argued with great acuteness and ability. Hunter v. Potts, 4th Term Reports, and Phillips v. Hunter, 20 Henry Blackstone, had been cited but there was no analogy between those cases and the present. The principle there laid down was that personal property passes under the assignment, wheresoever situated, and it had been contended that this property therefore in Batavia passed to the assignees, and that the creditor or his representatives must either bring it into hotchpotch, or relinquish their claim against the general dividends. But the property in the case before the court was not personal property; for a foreign court of competent jurisdiction had decided the contrary. The assignees had there set up their title, which the court abroad refused to acknowledge. Now, it had been laid down by Lord Loughborough that the law of bankruptcy will not interfere with the law of other countries with respect to property situate there. This subject had been well considered in Chief Justice Story's Commentaries on the conflict of Laws. p. 345. It was true that the Bankrupt Law, professed to be founded on justice and equality, and it was equally undeniable that this principle would be so far violated in the present case, that Mr. Prinsep and Mr. Leith for the complainants. murrer. IN THE MATTER OF DAVID FAIRLIE CLARKE AND OUSELY AND MACNAGHTEN ASSIGNERS OF FERGUSSON Sir Edward Ryan, This is a petition of appeal from decision in the Insolvent Court, of our lamented colleague, Sir Benjamin H. Malkin. I should have gone fully into my reasons, if I had seen any ground to differ from the judgment appealed from, but on the fullest consideration of the circumstances, I am clearly of opinion that the learned Judge decided correctly. The circumstance that the house was insolvent at the period when the retiring partner quitted it, is not suffi cient, the transaction, it otherwise bona fide. The whole question turns on the existence or non-existence of fraud; ex-parte Meake in the 1st vol. of Maddock's Reports, governs the present case; it was there held that knowledge of the insolvency alone, without other circumstances to evidence fraud, was not sufficient. The decision which I formerly gave in the case arising from the insolvency of Palmer and Co. and the decision of Mr. Justice Grant in the case of Mackintosh and Co. in the Insolvent Court, are both distinguishable from the preIn the present instance, looking at the whole of the evisent. There the transactions were effected by fraud. dence, I am of opinion that the arrangement was fairly and honestly made. The order must be discharged, and with costs. Sir J. P. Grant.-The present appeal has made it necessary for me to re-consider the decision which I pronounced when sitting alone in the Insolvent Court, in the case relating to Mackintosh and Co. I have not changed the opinion I then formed, and if the circumstances of the present case had been the same, I should have given a similar decision. But all these cases must depend on their own peculiar circumstances; and fraud, which existed in that case and which was expressed to be the ground of that decision, is absent here. There is no reason to doubt that the statement of their accounts as set forth by the partners at the time of the retirement, was not made in good faith. Although there was a deficiency of assets, they might reasonably sup pose that this would be subsequently made up. I think the case cited in 1st Maddock is precisely in point ; and Anderson v. Maltby cited for the defendant differs from the present case, because there the circumstances shewed that the partner retired solely from the conviction that the house was insolvent at the time. The appellants |