TUESDAY, MARCH 27.

―――

(Before Sir J. P. Grant.)

Sir J. P. Grant, this morning, said that stronger grounds must be shewn before a commission could be directed. The court would exercise a species of discretion and control, like that vested in a Grand Jury. This party was connected with wealthy families, yet the only affidavits were those of a khansamah, and a native doctor. The learned judge did not intend to imply that these deponents had not sworn to the real truth, but the former was in an inferior station of life, and of the latter the court had no means of judging concerning the education, experience or competency. There ought to be adduced the evidence of some relative or near connexion, or else of a European medical practitioner, visiting the party for the purpose of examining his state of mind. His Lordship said, that he should adopt the course which he used formerly to pursue at Bombay, and take examinations in such matters at chambers, that the private affairs of the party might not become matter of public notoriety.

IN THE MATTER OF

and a native doctor.

Mr. Prinsep had moved the court yesterday for a commission de lunatico inquirendo in the case of a certain party, a Hindoo, alleged to be of unsound mind. This person eppeared to be connected with some weal-defence) addressed the court. This case depends enMr. Prinsep (with whom was Mr. Leith, for the thy native families, but the only affidavits on which tirely on the credibility of the witnesses, and it is on the application was made, were those of a khansamah that account that matters apparently irrelevant have been gone into. One witness said that the knew nothing of the action formerly brought by the present defendant, while another proved that he was waiting in court with the former on subpoenas to give evidence in that very action. The present claims were utterly fictitious. The defence was not in the nature of a plea of payment or set-off, which would be inadmissible on the present pleadings, but it is founded on the suspicion and fraud presented by the transaction. Former actions and arbitrations have been instituted between the parties, and it is for the court to consider whether the setting up of pre-existing cross-demands long after the prior disputes had been settled is not a circumstance of strong suspicion. It is pretended that these entries were sigued by the defendant, but it will be proved that he is scarcely able to read or write at all.

Mr. Clarke opened the pleadings. This was an

action on the common counts, to recover two sum3, amounting together to Rs 2,334 with interest.

The Advocate-General stated the case.. The plain tiffs are merchants and general dealers, and have been in the habit of lending different sums, and sending goods at different times, to the defendant. In 1836 the defendant sigued written acknowledgments of the sums in question being due, these acknowledgments were ap pended to certain entries and statements of accounts between the parties.

suits and actions between the parties, and also a reference to arbitration.]

A Moonshee was called to prove the writing and signing of the acknowledgments of the debt.

The court inquired what was the object proposed by all this cross examination.

The sircar of the plaintiffs deposed, that he had kep their accounts for several years, that they had had several dealings with the defendant, and that he had acknow. ledged these debts due. Of the plaintiffs, who are partners, one resides at Calcutta and the other at Mad ras. The defendant, a short time since, obtained a decree against one of the present plantiffs, and property waseized in execution under it. [This witness was crossexamined at considerable length, in reference to other

The defendant's counsel replied, that it was to im peach the testimony of the witnesses, and to shew that these entries were false and fraudulent altogether.

(Before Sir E. Ryan and Sir J. P. Grant.

Sir E. Ryan.-An award certainly cannot be relied on in bar of the action, as a settlement of all disputes between the parties, unless pleaded specially.

But

SHAIK MAHOMED MASOON AND ANOTHER versus HAJJEE this question is put with a totally different object, and RUJJUB ALLY, it is quite competent to use the evidence as a presumpion of fraud, and to prove that the debt never existed.

arbitrators, was called as a witness, and the question A Mogul horse-dealer, who had been one of the was put whether the entries in question had been seen by him before, and whether they were now in the same

state.

The Advocate-General objected to this question, on the ground that the award, if relied upon, ought to have been specially pleaded.

The above question was then put to this witness, and another Mogul witness, and they both swore that certain lterations had been made in the entries since the time when they had first seen them. These witnesses were subjected to a rigorous cross-examination with the view of impeaching their evidence, and shewing discrepancies n the testimony of one and the other.

The Advocate-General was then called upon, and replied in a speech of considerable length, and great

acuteness, in which he endeavoured to reconcile the evidence adduced for the plaintiffs and to show the improbability of the tale which the defendant had set up.

The court, after a short consultation, said, that the learned advocate in his address, had urged every thing for his client's case that could possibly be said in its support, but their opinion remained unchanged, and there must be a verdict for the defendant. This opinion was founded chiefly on the discrepancies in the evidence of the plaintiffs, own witnesses. Besides, the matter of the arbitration could not be got over, unless the plaintiffs meant to say that the whole was an ideal and fictitious

scene, invented from beginning to end for the purposes cause (standing next on the board) a verdict should be of the present defence. The plaintiffs now supported entered by consent for the plaintiff, subject to a refertheir case by more than one witness, and yet they had ence to arbitration. not pretended to shew that one of their witnesses had been called when the same claims were before the arbitrators.

Mr. Clarke for the defendant was instructed to consent.

Verdict for the defendant.

This case occupied the court the whole day. There was a vast amount of contradictory and cross swearing, and perjury on one side, if not on both.

HURRYLOLL TAGORE versus SHAMYLOLL TAGORE.
The Advocate General moved the Court, that in this-Hurk. March 31.

|

In the Insolvent Court this-day Mr. James Ambrose was brought upon his petition. There was no notice of opposition, but the Chief Justice observing fourteen creditors on the schedule who had not been served with notice of this application, adjourned the hearing to the next court day, parties to be served in the meantime.—In the matter of Peter Foster, application was made to amend the schedule and to insert therein the names of several creditors. But the Chief Justice remarked that this was by no means a matter of course, this being the day of hearing, the application should have been made

Verdict for the plaintiff, subject to reference.

The court, on rising, intimated that to-morrow, Satur day (this day) common motions only would be taken ? and that their Lordships would not sit until twelve o'clock. The Insolvent Court sits to-morrow (this-day.)

INSOLVENT DEBTORS' COURT.

No.

previously, and the more so, the insolvent not being in jail. The assignee stated it was very difficult to obtain information from the insolvent regarding his state. The Chief Justice refused to make the order, and the matter stands over. In the matter of James Black a third dividend of ten per cent. was declared ; in the matter of Captain Battley a fourth and final dividend was declared of sixteen per cent.-Major Ousely was discharged from the responsibilities of assignee to the estate of Fergusson and Co.-Hur. karu, March 5.

SUDDER REVENUE BOARD.

Descrip Pro. samee. Length. Breath. Area tion of duce soil. 1 Hurk., March 5.

CIRCULAR ORders, 1838.

CIRCULAR ORDERS.

NO. 18, A HEADING FOR THE STATISTIC REGister. The Sudder Board have informed the commissioners The letter of Mr Secretary Thomason, dated the 4th for the divisions of Chittagong, Bhaugulpore, Dacca and September 1831 (says Mr. Halliday), prescribed a Assam, that the Deputy Surveyor General has instructed statement of appeal to commissioners on summary suits; the surveying officers employed in their divisions to com- this statement not having been prescribed to commis. municate with the commissioners on the subject of a sioners by the resolutions (approved by Government) of proper heading for the statistic registers, as it is probable the statement committee, the orders of 1832, regarding that local circumstances may require some modification it must be virtually abrogated. It will not, therefore, be of the form in use in the Western Provinces. The com- necessary to furnish such a statement, and the Deputy missioners have been directed in communication with the Governor has requested that the orders regarding it Deputy Surveyor General, to determine what native do-issued by the Board to the commissioners, may be recuments should be supplied by the surveyor to the set-called.

tling officers. The board wished to know whether a The Board have circulated the above orders among khusrah and kheetteonee Asameervar may not be suffi- the commissioners of revenue, directing them to furnish cient. The khusrah might (says the board) be prepa- the acquired information, and to observe from the latter red in the form described below, the measurement columns paragraph, that the return of appeals of summary suits, being filled up by the native surveyors, and the remain-preferred against the decision of the collectors, and der supplied by the deputy collector, or other officer of their subordinates, need no longer be submitted, the revenue department who accompanies the party.

know this, and it was requested that the information should he supplied in future.

The suits (says the Board) referred to the Civil Court, should be entered in the figured columns with the dicided cases "as disposed of," and the number thus referred rent should also shew the date of the oldest suits pending at the end of the quarter.

rate
of

The Board have also desired the commissioners to direct the several collectors to transmit their respective returns, immediately the quarter has expired, so that they may reach the Board's office at the latest by the 20th of the succeeding month any deviation from these orders (says the Board) will be seriously noticed.

NO. 19

RETURNS OF SUMMARY SUITS.

By an extract from a letter from the secretary to the Government of Bengal in the revenue and judicial departNO 20.-REGARDING DEPUTY COLLECTORS UNDER REGU ments, that it is not to be gathered from the statements LATION IX. Or 1833. now supplied, how long is the average time taken by summary suits from institution to final decision. The Board have desired the commissioners to report

It is

duties of a Deputy Collector, under regulation IX, of 1833, may occur, whether by death or leave of absence.

No. 21. From an extract of a letter from Mr. officiating secretary F. J. Holliday, dated the 30th January 1838. It appears that his honor the Deputy Governor has reason to believe that the rule laid down in Mr. Secretary Mangle's letter of the 12th July 1836, for referring to the statement committee all additions and alterations to periodical statements in the revenue department, has not been very regularly observed, and in an extract from a letter addressed to the committee for the revision and consolidation of periodical returns, it is remarked, that a rule founded on these principles must be circulated for the guidance of all the authorities subordinate to the Sudder Board, and that they would be requested not to direct the submission of any periodical return, nor to alter any statement after it shall have been revised and approved by the committee, without the previous sanction of government.

The Board have promulgated the above orders to all the revenue commissioners.

SUDDER DEWANNY AND NIZAMUT ADAWLUT.

CIRCULAR ORDERS, 1838.

NO. 482.

ABOLITION OF PERSIAN.

The Sudder Dewanny and Nizamut Adawlut, on the 9th instant, transmitted to the Judges subordinate to them, copies of the resolution of Government passed on the 23d January last, on the abolition of the Persian

IMPORTANT TO GRANTEES.

Our readers must have observed the report of the case of Moonshee Mahommed Ameer versus Mr. McDougall, published in our paper of the 5th instant, regarding an alleged claim to a portion of Soonderbun land in the The Principal Sudder possession of the defendant. Ameen entertained the case against all the arguments urged on the defence. The consequence is, that the defendant's pleader, Mr. R. Dias, called on the present commissioner, Mr. William Dampier, and submitted the hardship to which both Messrs. Macpherson and McDougall, as government grantees, were subjected to by the support given to the zemindars by the civil courts. That experienced and intelligent officer immediately concurred that the civil courts had no jurisdiction in either of the cases, but that they should have been instituted before the special commissioners. Mr. Dampier immediately ordered a rooboocarry to be forwarded to the vakeel of government, to appear at the principal Sudder Ameen's Court, and bar his jurisdiction in the two cases. The vakeel appeared at the court on the 6th instant, and desired to be furnished with a copy of the plaint for the above purpose.-Hurk, March 14.

FRIDAY, MARCH 23.

ZILLAH TWENTY-FOUR PURGUNNAHS.

language, published by us in the Hurkaru: the Judges have been authorized to promulgate those orders to the native courts and officers subordinate to them; and, with a view of enabling the superior court to lay before Government the information required to be submitted by the 1st July next, the Judges have been desired to report, on the 1st June, what progress has been made in carrying into effect the present instructions.-Ibid.

Mr. W. Cracoft resumed charge of his duties as Civil and Sessions Judge of this district to-day. Mr. Torrens. we believe, will proceed to his own appointment.- Hurk.,

March 26.

WEDNESDAY, MARCH 28.

Although this was the last day of the second term, the business of the morning was finished in less than half

an hour.

A rule obtained by Mr. Clarke, on the plea side, against which the Advocate-General was to have shewn cause, was enlarged by consent, uutil a future day, when it is to be heard as of the last day of term.

Ten causes are set down on the Common Law Board for the Sittings, which commence to-morrow, Thursday (this day.)

Barasut, that the parties against whom he had complained had come forcibly armed with clubs, and accompanied by others into his fields and had beaten him and the persons employed by him in cultivating his fields, and cut and carried away his corn; and yet the Magistrate had refused to award him any sum from the parties against whom he had complained as a compensation for the loss of his grain. The Judge observed, that he believed the petitioner, if he had proved the injury he had sustained by he defandant's acts, must sue the parties in a civil court for damages, and not in a criminal suit. produced before him that he may be able to judge better He, however, ordered the original proceedings to be of this matter.

(Before W. Cracroft, Esq.)

This day the Judge heard several petitions, from amongst which we select these as being worthy of

notice.

First. In this case the petitioner wished to appeal from the decision of the Magistrate of Barasut. He said that he had proved in his suit before the Magistrate at

In this case the petitioner complained that aparty against whom he had an action in the Magistrate's Court at Barasut, had given in the names of several persons as his witnesses in that case, amongst the rest the name of the petitioner's father, who is not residing in the house where the petitioner resides, but has gone some years ago on a pilgrimage to Benares, where he believes he has subsequently died. Three of the witnesses named by the party have already been examined, but he still persisting that this petitioner's father is concealed in his house, and he therefore cannot serve the subpoena on him. The Magistrate has therefore deputed the Nazir of his court to go to the village where this petitioner resides and enquire into this matter and the Nazir, in compliance with this order has proceeded to the village and ptaced peons at

Barasut calling on him to explain his proceedings and report to him on this case fully.

this petitioner's door to prevent any person from either entering or quitting his house. Their domestic arrangements are completely disorganized. The shri-htadar brought to the notice of the Judge that the Moonsiff at Howrah had likewise complained in this case, and stated to the Judge that the Magistrate had erdered his amlas to appear before him in this case, and that they have now been for some days at his court, and the Magistrate had confined some of them, consequently his business is at a stand and the cases are accumulating in his office.

The Judge observed that it was very irregular in the Magistrate to confine any of his amlahs without first noticing the circumstance to him; he therefore ordered that a precept be sent from his court to the Magistrate at

MISCELLANEOUS.

CALCUTTA.

goodly city of palaces. Two cases have occurred dur

MR. J. C. C. SUTHERLAND.-Mr. J. C. C. Sutherlanding the week; but the robbers bave fortunately been has been appointed to succeed Mr. Millett as secreta- captured. ry of the Law Commission.

MANUFACTURE OF SILVER TWO-ANNA PIECES.-It is said that the Mint is now employed in the manufacture of silver two-anna pieces, and that in order to ensure the free circulation, it is contemplated to pass an enactment, limiting eight annas of pice as a component part and legal tender in the exchange for a rupee, and that the balance is to consist of four and two-anna pieces. Governor-General's camp expected to be at Kurnaul on the 2d instant to leave the station on the 6th, and to reach Seharunpore on the 9th instant. From Seharunpore it is probable the Governor-General, with a few attendants, will proceed via Nahur and Mussoorie, while the rest of the camp go by Bar to Simla.

THE GOVERNOR-GENERAL.-The

In the mofussil courts it appears, that noney which may have been deposited in realizatian of any suit is paid to any creditor in the suit, unless one of the vakeels or officials attached to the court certifies that the money is the identical plaintiff in the suit, his baving been generally known by all the amlahs in court for years as the person who has managed the suit, and that he is the person he represents himself to be, is of no avail without this identification, added to which he must have witnesses to attest the payment of the money to him, his own receipt not being considered sufficient without this attestation.-Hurkaru, March 29.

SIGNORA SCHIERONI.1.-Signora Schieroni has left Calcutta for the Cape, to the regret of all the lovers of harmony.

FIRES. Fires have occurred every day during the week in different parts of the town, and much property has fallen sacrifice to the flames.

HIGHWAY ROBBERY.-Gentlemen in the habits of taking solitary nocturnal rambles, would do well to provide themselves with good sticks, as the "stand and

COMMUNICATION BETWEEN ALLIPORE AND CALCUTTA.

William, the direct communication between Allipore By order of His Honor the Deputy Governor of Fort and Calcutta, across the race course, will be immediately re-opened; it is to remain open until training

commences.

STATE OF HEALTH.-Fever and cholera are raging ia and about Calcutta with a great degree of virulence, and especially the latter, most of the cases of which prove fatal, and affect the European community in some not labouring under a cold; and they, almost without Scarcely a native is to be met with that is exception attribute the unhealthiness of the weather to the water of the new Canal being allowed lately by opening the locks to run into the river, whose water they

measure.

use as their sole drink.

DISTURBANCES IN ASSAM.-Disturbances have lately taken place in Assam. It appears that Lieut. Millar, second in command of the Assam Light Infantry, had been sent out, with a party of his corps and some irregular soldiers from the Beega Gaom, a native chief, for the purpose of driving one Peshee Gaum from the THE CHITPORE ROAD AQUEDUCT.-Two wealthy native Company's territories, in consequence of repeated disgentlemen, Baboos Mutty Loll Seal and Madhub Dutt, turbances which he had occasioned. On the 4th Febru have taken upon themselves the expense of continuing ary, Lieut. Millar arrived within a few miles of Pe-hee the Chitpore road aqueduct along new Colootolla road, Gaom's village with his detachment, but was suddenly as far as the central road; the former with a view of attacked, a fire having heen opened from a breast-work supplying the small, and not over cleanly tank, belong-thrown across a gorge on the top of a hill. Only a few ing to the public, on the east side of his house, with shots were fired, but these had the effect of completely good and wholesome water, and the latter for the im-routing the Beega Gaom's men and the rest of the provement of his Bazar, situated at the junction of the Singphoos. The sepoys of the Assam Light Infantry new Colootolla and central roads by an increased sup-attack the stockade, but could find no road. These however remained firm, and Lieut. Millar intended to ply of the necessary element. of seeing their enemy, he returned to the camp to men being very much dispirited from having no power acquire every information possible. He afterwards ascended the place, but found it deserted, and from an excellent spy he learnt that Peshee Gaom had fled to Bomgong.. The Bessa and Luttra chiefs had proved false in their professions of friendship to the British Government. It appears that the Duffa chief had also told the King of Ava that our Government intended at attack on Hookum, and Tharrawadi in consequence had sent a party about three hundred soldiers to that place. The Duffa Gaom had also collected a small force. Lieut. Millar had stockaded himself in the bills, which are of the most rocky description, the jungle dense and no roads of any kind. The difficulty of fighting in

RAJAH PERTAUB CHAUND.-The soi disant maha rajah Pertaub Chaund, embarked on board a Budgerow at Burra Bazar on the 17th instant, to proceed, as report says, to Burdwan. He moved from a house at Foujdary Balakhana, where he had taken up his residence for some months, attended by a numerous retinue of peons armed with sticks. He was followed to the ghaut by an immense crowd of natives. It is worthy of remark, that the belief of this individual being the real Pertaub Chaund, still continues unshaken in the minds of the credulous portion of the native community.

"I came from Alexandria by the French line of beautiful manner, with pannels of the rarest woods, steamers. Splendid ships and fitted up in the most inlaid in a style that might suit a royal yacht better than

easily conceived. Lieut. Millar had been assured by those whom every one considered to be the best informed, that there was no chance of an attack, but he nevertheless took every precaution, posting sentries, &c. The stockade being extremely small, and much crowded, a party of Singphoos were allowed to sleep in a hut just outside the stockade at their earnest entreaty. Early on the morning of the 10th February a horrible yell was heard from the direction of this hut, and it was found twenty-one of these poor wretches, men and women, a steam packet. The accommodations of the private had been butchered in their beds!! It had been rain-cabins are capital, and the table kept after a very resing hard all night, and the morning was consequently pectable fashion; in short the richest man in Europe, extremely dark, but a fire was instantly opened in the could not a few years ago traverse the Mediterranean, direction which the villains took, and from marks of with the luxury of expedition and comfort, that a private blood having been tracted for some distance through the jungle, it is believed that some were wounded. From person can now command for a few sovereigns." a prisoner subsequently taken it was learnt, that these murderers had been hired by the Peshee, that the party consisted of one hundred and were only armed with dhaws. The only object appears to have been blood, for nothing was missed, except one or two muskets. It is possible that the Peshee, maddened with revenge, may not so easily leave the Company's territories; and it is understood, stockades and barricades have been erected. Lieut. Millar's stockade was surrounded by spies; in clear nights they could distinctly see the Pes hee Gaom's movements, who doubtless, when a favour. able moment occurred, intended to commence the attack. In these thickets our trops fight under the greatest disadvantage, the enemy firing from ambuscade and then flying off in different directions in small parties. Major White was not far off, and had proceeded to join Lieut. Millar, with a party of 90 men, and had also ordered another officer to follow him, with a company of the Assam Light Infantry.

MEETING OF PODARS-PICE.-It is said that there has been a general meeting of the podars in Calcutta, whereat it was determined to drain the mint office, with a view to storing up the pice, and, in the consequent scarcity, disposing of them at a manifest disadvantage to the public. The annoyance entailed by the practices of these people, which are now reduced to a system, calls for the interposition of authority.

THE BORE-The bore during last springs was very severe and caused several accidents to the craft on the river. Two vessels, the names of which we have not been able to ascertain, were torn from their moorings, and one of them had the side of her poop and her jib-boom smashed;-the other also, we are told, received some slight injury. Many boats were swamped on both sides of the river, and others severely damaged by being dashed against one another. A gentleman who was going over to Seebpore in a bauleah, was caught by the bore, when about three parts of the way across the river, and although the boat's head was promptly turned to the foaming surge, she was capsized, and every body on board obliged to swim for their lives. All, however, luckily escaped, with merely a good drenching. Another gentleman was overtaken by the flood, near Gollahdunga ghaut, and had his jolly-boat dashed to pieces and two of his men much hurt: he, however, escaped uninjured himself. We have been informed that three dinghee-wallahs perished through the bore gelth pate being caught near the Sumatra sand and buried in the waves. Parties crossing the water during the full and new moon, should be extremely vigilant, or they will stand a chance of losing their lives. The best way to escape the force of the bore, is by pulling into the middle of ASSAM-PROSPECTS OF WAR.-Letters have been re-down the river, with the boat's head opposed to the ad the stream, when they see or hear it coming, and rowing ceived from Akyab to the 16th instant. All then was vancing tide; and then, immediately after the first surf quiet on the frontier; but the writer of the epistle has passed, they should pull in as far as possible to doubts, in most poetic phrase, whether it be not the within fifty or eighty yards of the shore, where their calm which proceeds the storm," "the quiet which per-boat will easily bound over the two back surfs, and they vades the grass-covered volcano, while the fiery elements with in are raging to burst forth," or

may afterwards land, with ease. in perfect safety.

WANT OF WATER.- -Great distress is experienced in the country from the scarcity of water, occasioned by the extreme drought this season.

DISTRIBUTION OF ALMS.-On the 23d instant, Baboo Dwarkanauth Tagore distributed alms to beggars, between fifty and sixty thousand in number-eight annas each to the privileged order, namely the Bramins, and four annas to others, without distinction of caste creed or age; on the occasion of his mother's shrand, which took place the day before. There were women seen amongst the crowd with children scarcely more than a very few days old, but no accident occurred. The beggars were first of all put in native houses, having the largest squares, from one end-of the town to the other, which being done, about four in the morning, the distribution commenced, and was over before ten.

ACCOMMODATION IN FRENCH STEAMERS.-The following is an extract from a letter dated Malta, the 12th of January last, and completely sets at rest the rumours float in regard to the bad accommodation and worse fare to be found on board the French steamers.

"The torrent's smoothness, ere it dash below." Tharrawadie has ordered a general" counting" o arms to be made throughout his dominions, and returns to be made of the numbers capable of bearing them. I appears to be the Burmese custom never to embody an army, until it is actually required for service; so it is

THE HINDU HOLIDAY BAROUNIE CHOLERA.-This is a

celebrated bathing festival, at which thousands of Hindus repair to Trebanee ghaut, a few miles above Hooghly, for the purpose of purification. This year the boliday occurred on the 23d ultimo. For two days previous, the roads leading to the ghaut were crowded with peo ple, and at one time there were not less than probably 30,000 assembled at, and near the ghauts. The rush to the river was so impetuous that great numbers were with difficulty rescued from drowning by the activity of the police. The greater number of those who went to Tribanee on Saturday last, came from distant parts, there being very few Bengalis among them. In going to and returning from Tribanee, these people slept by the road side, so that the roads for miles were lined with them. Exposed to the vicissitudes of the present remarkable season, thousands of them have been seized with cholera and many have already fallen victims so that fatal

disease.

The bore on the nights of the 26th, 27th and 28th ultimo, was very violent and did much mischief to the banks and boats on the Howrah side of the water. We learn that on the night of the 28th, the chains of the Bethel were snapped asunder, and that several vessels dragged their anchors. A pariah sloop was stranded and several boats swamped.