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The jury found all the prisoners guilty ; and the judge, judge, to be applied by him in relieving the distresses of as the prisoners had acted under the orders of Captain the sufferers by the late storm at Rungpore or ChinBirch, and could not discern that these order were ille-greehutta in the 24-Pergunnahs, and the amount was gal, but were bound to obey them, mitigated their immediately sent by the sheriff's office to Mr. Patton offece, he inflicted on them the slightest punishment pos- under the directions of Captain Vint, the Foreman. sible. They were fined 100 rupees each and ordered to be discharged.-Hurkaru, April 28.
The witnesses called and examined were Drs. H. S Mercer and Walter Raleigh. A bearer named Gocool and a kansamah called Proncase, were stopped by the jury, who unanimously gave the following verdict: That Sreenauth Sandial was of unsound mind, and had been so for about three years past, and did not enjoy lucid intervals, so that he was incapable of managing his own affairs; and with regard to the amount of his property no evidence was tendered to them. The jury then adjourned to Saturday, the 15th instant, to meet and sign the inquisition. The gentleman of the jury then directed that all fees coming to them and partly to the commissioners, amounting in all to company's ru pees 262; should be forthwith sent to Mr. Patton, the
J. H. PATTON, Esq.
May 5, 1838.
A similar representation was made by both Messrs. McPherson and McDougall to Mr. Commissioner Dampier a short time ago, and that gentleman immediately sent an official letter to the joint magistrate, requesting him, under the provisions of Regulation 111. of 1828, to protect the grantees from the attacks and practices of the zemindars. Two cases were pending at this time at the Foujdarry of Baraset, the one against the zamindar's people for stealing away and destroying several cocoanut plants, and the other against a sircar and other in the employ of Mr. McDougall for an alledged assault. In the former case the delinquents were sentenced, and the latter fell to the ground for the want of evidence. To our knowledge the latter case was a conspiracy sup
I remain, your most obediently,
TO GEORGE VINT, ESQ.
SIR, I have to thank you, and your brother-jurymen, for your donation of 262 rupees intended to be devoted to the relief of the sufferers from the late storm, and heg to inform you that your wishes shall be attended to the best of my ability; a receipt in duplicate for the amount is herewith annexed.
I am, Sir, your most obedient servant,
Received from G. Vint, Esq., a donation of 262 rupees intended to be devoted to the relief of the sufferers from the late storm.
J. H. PATTON, Magistrate.
Hurk. May 7.]
ZILLAH 24-PERGUNNAHS FOUJDARRY.
BARRASET, WEDNESDAY, MARCH 28, 1838.
Mr. Dias informed the magistrate, that his client had come to lodge an information against Moonshee Ma
(Before E. Deedes, Esq., Joint-Magistrate.) Mr. McDougall, the grantee, appeared this-day, accompanied by Mr. Dias to inform the magistrate that he found it impossible to continue his residence at, or cultivation of the lands granted to him by the state in the Soonderbuns for the constant annoyance and distur-hommed Ameer, the zemindar Bycanto Paul, the Gobances created by the people of the zemindar of Khas mashtah, Mudden Mozumdar, the Fehsuldar, and two Ballundah. Mr. McDougall stated, that the zemindar's Burkandazes. Mr. Dias said he would prepare Mr. Mc people had in a couple of hours destroyed a thatched Dougall's affidavits and file it before Mr. Deedes as a house erected by him at considerable expense and justice of the peace and magistrate, and he believed that trouble, and that the daring character of some of the the court would have no alternative but to issue warattacks made him apprehensive of his life. rants for the parties and oblige them to find bail for their future good conduct.
charged with the assault, were at the time it was alleged to have occurred in attendance at the judge's Court at Allipore, at the hearing of Mahommed Ameer versus McPherson, Both cases were appealed by the Moonshee's people and pending their issue, the offenders were released on bail.
A native sircar-looking gentleman, here stepped forward and addressing the magistrate said, "my master is not that sort of man, that will be brought here on such an affidavit."
The following insolence was soon put a stop to by the magistrate telling him, that if he repeated his impertinence, he would let him feel the consequences of it, and that if he felt dissatisfied with any of the proceedings, he had his remedy by appeal to the superior Court. The magistrate then desired Mr. Dias to prepare the affidavit, on which being done, and on Mr. McDougall being sworn to it, writs were granted against the zemindar and
Resumption of Toufeer and Waste Lands in Purgunnah tuppahs and mouzas included in the muhals, that these papers exhibit the aggregate of the estimated profits of four years, whereby a scale of jumma was formed for the levying of an excess to the revenue of former settlements,-that the sayer collections were taken away, and proportionate deductions were allowed them; that there is not a a single mouza included in the tuppahs, nor any description of land that has at any time been exempt from the assessment, and jumma fixed by the perpetual settlement, that they support their objections on the provisions of regulations I. and VIII. of 1793, and the circular letter of the 22d May, 1818, in this particular"; that all descriptions of land and mouzas whatsoever included within the boundaries of the tuppahs, as above settled in perpetuity, are unquestionably their rightful property, and can on no account be claimable by Go. vernment, and that the present measures of Govern. ment can be regarded in no other point of view than as the exhibition of an unjustifiable design of infringing on, and rendering the permanent settlement at once nugatory.
The resumption operations in this purgunnah have been nearly brought to a close, resulting, we are sure very much to the satisfaction of Government. The settlements made with the zemindars and others for the land that has been resumed out of the old estates or muhals, show a considerable addition of revenue; and, which will progressively increase, till the close of the several terms for which the leases have been granted. The attempts of Government to procure an enhance ment of revenue from the old muhals necessarily created great dissatisfaction among the zemindars at whose cost the increase was to have been induced; and when we examine the nature of the objections advanced by some of them, we are uavoidably led to question the right of Government to encroach upon the possessions of land-holders on any consideration whatsoever, not supported by the argument of pressing exigencies either of unavoidable foreign war, or general urgent measures 2d. Another argument used in support of the reto be adopted for the improvement of the country, em-sumptions is the absence of any recorded jumma atbracing the benefit collectively of both the zemindars tached to the resumed mouzas and lands, in the column themselves and the people at large. The latter, we rea- of jumma of the quinquennial register compiled in 1202 dily allow, may be prosecuted in a thousand very inter- of the Fuslee year. This argument they rebut by obesting and extensive channels of desirable improvement; serving, that the tuppuhs, and mouzas were perpetually but the former cannot, in the present posture of politi- settled in the Fuslee year 1179, at which period those cal affairs, be justified in any point of view. The ex-registers were not in existence; that they were embocess in the former agrarain demands, however, has been died on data furnished by the kanoongoes, to which laid; the resumptions are progressing; the resources of preparation of them they, the zemindars, were Government are being multiplied; the waste lands are parties, and therefore were not able to check the put in the way of improvement (a very desirable thing inaccuracies that abound in them; that as these reno doubt); and the zemindars have sighed, wept, gisters were not in being at the time of the settlement, bothered, and bestirred themselves to no purpose, their rights, supported by section VII. of regulation I. as it respects saving themselves from the aggressions of and several sections of regulation VIII. of 1793 canthe exchequer, into which, ere long, some forty or fifty not be justifiably impugned, with a view to the intruthousand rupees, will flow from purgunnah Furkeea sion of the claims of Government to lands lying within alone. We could here suggest, that if the advantage the land-marks of the tuppubs and mouzas settled in of the people has been made the basis of the fresh ex-perpetuity before the quinquennial register was formed, actions made from the Furkea zemindars, the additional that these registers comprise no part of the records of profits thus secured should, at least, every third year, be the perpetual settlement, a circumstance which in a peappropriated exclusively to the local improvement of culiar manner renders them unauthentic, especially as that pergunnah; some of which we here briefly point they do not correspond with the substance and proviout. Bunds or embankments are very much required sions of the puttahs and kubooleuts mutually interto prevent the inundations from the Gunduk, the wa- changed on the occasion. In proof of this they cite ters of which, singularly enough, seldom make any pro- the following instance: Tuppah Jumal poor, &c. is ductive deposits, while they interrupted the cultivations, recorded in the said register, as assessed at Rs 1,055. and deprive the people of one of the best crops. Roads 5as. and 10gs. whereas, the amount of assessment are very much wanted, sources of artificial irrigation specified in the puttah and kaboleut is Rs 12,429 are urgently and absolutely required, and, above all, a 12as. Again: tuppahs Rehooa and Sehuzaree, &c more respectable and efficient police is imperiously in the register is stated to be assessed at Rs 6,949 called for here, as well as in all the other parts of 3as. but the amount entered in the pottah and the country. If the people are made to add to the re- kaboleut is Rs 8,200 10as. 8gs. Hence the spusources of the state, the latter should, in return, use its rious nature of the source of the formation of these diligence to add to their comforts, safety, and prosperity. registers is undeniably evident, that in the settlement books of 1197 Fusley, jummas are attached to each with contested is not founded on act, that if any portion, mouza individually, consequently the argument hereor the whole of the lands comprising the estates of the zemindars had been discovered to be waste at the time of the compilation of the quinquennial register, that circumstance could only serve to prove that the zemindars, and not the Government, must have been subject to losses, from their having been unproductive; that nevertheless they have always faithfully discharged the demands of Government exacted from those very lands, which were included in the perpetual settlement, and that they have proved by respectable corroborative evidence, that the resumed lands were in a state of culti vation, before, at the time, and after a perpetual settlement.
The arguments generally made use of by the zemindars in support of their objections to the resumption proceeding, have been from time to time put into our possession, and as they are usually of the same kind, we here furnish a brief exposé of them as lately submitted to Government by Raja Biddanund and his son Koomar Roodranund, zemindars of portions of this purgunnah.
1st. That one of the arguments used to warrant the resumption is that the resumed mouzas were not included in the famous decennial or perpetual settlement on account of their having been mere waste lands at the time. Against which position they urge that, at that time the papers of settlement did not specify the quantity of land comprehended within the area of the several
3d. A further argument used is, that they support the commencement of the execution of the resumption their objections by two things. 1st. Fysulas of the civil proceedings, have upheld by their representives in the court, grounded on regulation XIV. of 1835; and 2dly. constituted courts of the country. That the settlement made with them does not make any distinction between cultivated and waste lands. These But particular justice from us is due to the public objections are controverted by the assertion that the officer of Government under whom the resumptions have awards of the civil courts cannot abstract the investi- been carried on in purgunnah Furkeea. We allude to gation of the rights of Government. The petitioners the Hon'ble Mr. Drummond, with whom we have, in contest that positively, citing various legal proceedings the way of our humble calling, seldom come in contest. successively instituted in various courts, Mofussil, ApThat this officer has acquitted himself, in the execution peal, and Sudder Dewanny, at the close of all of which of his peculiarly trying duties to the satisfaction of the claims of Government were explicitly declared to be Government, nobody will deny, after the result of the illegal, with reference to laying fresh jumma on the ma-added to the coffers of the state. That he could, neverresumptions has exhibited a large amount of revenue hals included in the perpetual settlement; that the parties were peaceably put in possession of the lands tempted to be resumed, and that all these decisions were conformable to regulation 11. of 1819, XIV. of 1825, and sections XXII. and xvI. of regulation III. 1793.
at-theless, have given satisfaction to the zemindars, nobody
ment should be set aside.
5th. It is further urged in support of the Govermenting to the orders of his superiors, and guiding his resumptions, that the village amla of the zemindars measures by the regulations of Government. We are themselves had pointed out the lands resumed as lying no panegyrists, it will be allowed without controversy; beyond the limits of the mouzas assessed at the time of but here we cannot refuse to do justice. We have before the perpetual settlement. This argument, they say is, us the testimony of nearly a whole body of zemindars not founded in fact, for they flatly deny that their amla acknowledging that, whatever they might have to could possibly have done any such thing, since they urge against the aggressive and arbitrary measures of knew that the truth of the matter was directly the Government, as they denominate them, they, with the exception of one or two captious individuals, conspire 6th. Under this head they object to the argument ceedings in the most impartial, cool and deliberate manto represent Mr. Drummond as conducting his prothat they cannot support their caveat by any trustworthy ner; readily admitting of remissions; correctly estimatdocument, by insisting upon it that they have submitted ing the capabilities of the lands to be assessed; and rather many of a very respectable and authentic nature, on the erring on the side of concession than aggression. We strength of which they urge that the claims of Govern-are unchangeable in our opinion that the execution of the important functions vested in the younger branch, especially, of the service, are improperly regulated; and that but a very small number of them are fit to be entrusted with them. The exceptions are discovered accidentally, as it were. The world but scantily knows what is transpiring on the Mofussil. It is our province to search-we have done so; we have, we trust, honestly given them their dues. We could have lifted up a finger at Mr. Drummond, but we drop it when we are called upon by the concurring voices of the zemindars in his public capacity. We hope that Government will, of Furkeea to say that they have been satisfied with ere long, prove that it is not indifferent to the expression of the sentiments of the people over whom they have set generally very incompetent officers for the distribution of justice, when such instances as the one we now usher into the light, are by the people (though unknown to themselves) brought to their notice.-Hurkaru, April 14.
4th. Another argument started in support of the resumption is, that the regulations and the letters quoted by the zemindars, were only applicable to such mouzas as have been assessed by Government, and not to the waste lands. They contend that the settlements were made for pergunnahs without a specification of tuppahs, for tuppahs without a detail of mouzas; and mouzas without recorded rukba; consequently, all sorts of lands cultivated or waste, had been included in them, and therefore they indisputably belong to them.
7th. For an argument, that the perpetual settlement did not comprehend all the mouzas individually, they urge that their pattas, and the kaboleuts expressly mention mouzas numerically detailed (with the col lective jumma levied on them) comprehended in the several estates they refer to. They comprised in all 207 mouzas uslee and dakhilee; assessed at a total jumma of 22,262 rupees and 12 annas. And these were all perpetually settled.
Thus far we have very briefly represented the arguments pro and con of the resumption operations, but cannot spare time to enter at any length into the respective merits of the question as mooted by the contending parties. Let it suffice to intreat Government to hold in one hand the sceptre of mercy, while with the broom in the other, they sweep away any of those rights which they have themselves created, and till the moment of
By Miscella- Total. neous diseases.
Towards Taultollah and Cullingah, where the cholera had about a fortnight or three weeks ago been most prevalent, it has become very mild; so that the medical students placed in those two thannas, have been withdrawn as having little or nothing to do. But it is now raging with virulence in the northern parts of the town, which are chiefly inhabited by Hindoos, as appears in the above memorandum.
DISCHARGE OF AN ENTIRE THANNA ESTABLISHMENT.
The whole establishment of the Baug Bazar thanna, namely the thannadar, the naibs, and all the chokeedars attached thereto, were, the other day, discharged for a gross neglect of duty, of which, however, we have not been able to learn the particulars. It is stated that a robbery had lately taken place in their division, of property worthy about eleven hundred rupees, which they had kept a secret from their superior.
JUDICIAL APPOINTMENT.-William Patrick Grant, Esquire, the son of Sir J. P. Grant, has been, through his father's interest, appointed to the vacant office of Master in Equity.
MR. WILLIAM RUSHTON.-The following well merited tribute, has been paid by the editor of the Englishman to Mr. William Rushton :
"Our readers have doubtless noticed an advertisement
announcing that Mr. William Rushton, in conjunction with other parties, is about to commence business on his own account as a book-seller, stationer and printer.
As this measure necessarily involves the dissolution of the connexion hitherto subsisting between Mr. Rushton and the Englishman establishment, to the extent, as least, of his duties as printer and publisher, we think it incumbent on us to offer him a public farewell, and to express our hearty good wishes for the complete pros. perity of his new undertaking. For five years we have experienced from Mr. Rushton the most active and zealous co-operation in the performance of duties of which no one but ourselves can fully understand the difficulty-no one thoroughly appreciate the mental and bodily labor,-because no one was ever required to attempt them in this place before. Our readers may remember when every week, nay almost, every day, brought its meeting of angry creditors of fallen houses.of steam projectors, ice projectors, library projectors, free press advocates, civil jury clamourers, bank act petitioners, &c. &c; when every Saturday produced its Insolvent Court rife with interesting and intricate proceedings-when every term yielded an infinity of cases springing from the commercial bouleversement of 1833, Many of our supporters will also recollect when an overland packet was a rarity, and never to the calculated upon, and when, in consequence, the arrival of a Liverpool or Bordeaux ship was an event anxiously watched for, as likely to put us in possesion of the latest news from home. It was during those periods of editorial difficulty that we felt the great value of Mr. Rushton's unwearied industry and friendly zeal. Day after day might be be seen at the court-house or the town-hall, diligently reporting the speeches, the judgments and the embarrassingdesultory conversations,' for which all kinds of meetings were then distinguished; and anon, as if gifted with the spririt of ubiquity, he was away down the river in the lighest of beauliahs to meet the latest arrival,' telegraphed but a few minutes previously, returning with her (to us) greatest treasure, the latest papers, and creating an extra' while our contemporaries asleep! These were services the value of which we have been reaping for the two past years; and though an alus now to dispense in some measure with Mr. Rushton's teration in the character of a journalist's labors enables further aid, we cannot forget what we owe to his great selves the gratification of paying a public tribute to his energy, activity, prudence and integrity, or deny our
As the sole proprietor and editor of the Oriental Observer Mr. Rushton continues the publication and ma nagement of that excellent periodical, but his general taking altogether, and, in our opinion, a very great printing and stationary establishment is a new underdesideratum in this town. We hope he will receive very extensive patronage, for if ever honest man deserved support, he certainly does.
HEALTH IN THE HOUSE OF CORRECTION.-It is considered very strange that the state of health in the House of Correction should be so different, from the remainder of the town and its suburbs. While cholera and small-pex are raging in a frightful manner beyond its walls, not a sin gle case of any of these scourges has occurred within them. There are now about a hundred and fifty pri soners in it, and some fourteen or fifteen of them, only, are afflicted with a slight fever.
THE PRETENDED RAJA OF BURDWAN.-It is said, that the soi-disant Rajah of Burwan, has been rauging about
During the last week, Mr. Shaw made an application to the Deputy Governor of Bengal, setting forth, as report says, that the proceedings on the part of the force employed to apprehend Pertaub Chund, were most unwarrantable, and quite uncalled for; he prayed, therefore, that some able and impartial officer may be appointed for due investigation into the affair; and his honour in council was pleased to commission the superintendent of police for the Bengal presidency for that purpose. He has left
The 19th instant was the third day of the exa
followers. He set out from hence some time ago with the avowed intention of going to Burdwan. This intention he has not fulfilled; but after remaining opposite to Chinsurah for some time, he proceeded to Culna and landed there with an armed rabble of some 300 men headed by himself in a tonjon, with a drawn sword in his hand, and a European legal functionary attending him. He ordered the sepahi centry at the Raj Barié to quit his post, which the man declined to do; and the pretender was prevailed upon, with great difficulty, by the darogah, not to attack the man. If he had done so, as there were probably more than 100 of the actual Rajah's men within the gate, with an abundant supply of arms, the pretender and his rabble would have been repulsed. Information of these proceedings being sent to Mr. Ogilvie, the magistrate of Burdwan, that gentleman immediately sent orders to the police to compel the pretended Rajah and his rabblement to retire. This Calcutta, accordingly, for Burdwan. they refused to do; and the Darogah reported that any attempt to carry his orders into effect would be useless and lead to bloodshed, and he had no force at all ade-mination, and, at about half past five, Mr. Longueville quate to cope with the followers of the Pretender. Be-Clarke addressed the magistrates and said, for the sides which, the fellow had been visited by crowds of present his friend, Mr. Leith, and he would adpeople, the natives coming daily in thousands down to duce no further evidence, nor as yet press the magis his boats. In the mean time, letters of his had been in-trates to take any further step for an ex-parte case, which They had tercepted, addressed to all the neighbouring zemindars, these preliminary inquiries always were. calling upon them to assemble at Burdwan and witness proved all that was necessary; and he would stake his his re-ascension to the guddee of his ancestors! Mr. professional reputation, that if the statements were not Ogilvie, under these circumstances, proceeded to Culna, contradicted, any judge, charging a jury, would tell with a military force, and apprehended the Pretender, them that if they believed the witnesses they must find and he is now in custody. The magistrate had previa verdict of guilty. But he would not now ask the ously received orders to apprehend this man, if he should magistrates for a warrant : he should, as he had always stated his intention to be, submit the evidence taken attempt any proceeding of the nature described. down to the Government; they might hand it to their law officers, or, what would be more proper, they might obtain copies of the magistrates' depositions. would give the Government ample time to consider the matter, and to make every inquiry; and, as he believed there is no fear of Mr. Ogilvy's wishing to escape, or that he could do so, he did not consider that by following this course, the ends of justice could be defeated. But he sincerely believed that the ends of justice would have been defeated, if Mr. Leith and he had not forced this investigation on. They had waited to see what the Government would do, and they found them sending a gentleman to Burdwan, as he believed, in utter ignorance of the fact, that from the power of Prawn Baboo, and the dread of the magistrate, no witness would go here to depose against them. This he had distinctly proved in evidence, and also Mr. Ogilvy's admission, on a former occasion, "that the Rajhbarry was a sink of iniquity, and that he believed every native in the Government employment at Burdwan, was an annuitant of Prawn Baboo's." The witnesses would not go there, and they were all here, and nineteen of them he had which he believed would otherwise have been lost, and By this course he had saved evidence, he had only caused it to be taken in the legal and proper manner, before the justice of the peace. He ap pealed to the magistrates to say, whether his friend and he had not conducted the examinations fairly towards the accused, and the witnesses.
flocked in from all quarters to see the prisoner. It is said, that the Pachete Rajah, one of the powerful zemindars, with whom Pertaub Chund was in correspondence, has, since the capture of the Pretender, broken out in open revolt and attacked and taken possession of a factory of Dr. Cheek's. Mr. Halkett, the officiating magistrate of Burdwan, has gone out against this man, with two companies of sepoys.
The PRETENDER calling himself Pertaub Chund and claiming the Raj of Burdwan, of whose proceedings, at Culna, we gave an account the other day, has been apprehended. It would seem that he never could have had any serious intention of going to Burdwan, as he was perfectly aware that he would not be permitted to go there with an armed rabble, such as he chose to be attended by. He remained, therefore, at Culna until the 2d instant, sometimes going ashore merely to create a tamasha. Crowds of people collected to see him, amount ing sometimes probably to 50,000, including a very large proportion of women. On the morning of that day, however, the magistrate arrived with a company of the 2d native infantry, commanded by Captain Little of that corps with another commissioned officer. They found the imposter in his boats, moored near the mouth of a nullah, in a good position for defence or escape. He had the discretion to choose the latter, and attempted to make off as soon as he saw the troops approach. As soon as the magistrate saw this, he commanded the boats to stop. His orders, however, were disobeyed. Hereupon, by some mistake, a volley was fired by the troops, and four of the deluded followers of this man were wounded by the fire, three of whom have since died. The fellow upon this, jumped into a dingy, but the people deserting him, he threw himself into the river and got on the bank where he lay motionless like a dead body, and had nearly escaped by this artifice. An experienced havildar, how ever, gave him a kick and thus discovered him. Several of his followers were taken prisoners in the boats, and among them, three Europeans. One of these is Mr. Shaw, the Attorney, who was lodged in the jail of Burdwan,where his countrymen also found quarters; but they have been brought down to Calcutta on writs of habeas corpus.
The PRETENDER himself, was, immediately after he was captured, sent off to Hooghly, in charge of Captain Little and his company, and was, early on the morning of the 6th instant, delivered over by that officer to the magistrate of that place, and is safely lodged in the jail. Very few of the natives assembled at Hooghly to witness the Jal Rajah's re-entry into the prison; but at Nyah Serai where Capt. Little had encamped the evening
Mr. O'Hanlon said, most fairly, that he believed, if it became necessary to issue a warrant, Mr. Ogilvie would surrender. Mr. Clarke replied, that if it rested with him, the accused should not be put to any inconvenience which was not absolutely unavoidable, with a view to the ends of justice. Mr. Clarke also stated, that the intentions of his friend and himself to forward their notes of the depositions, as soon as they could be fair copied, had been communicated to the Government. Mr. O'Hanlon observed, that he also had mentioned it."
DORJELING. The new settlement at Dorjeling progresses. About fifteen locations have been made, and additional applications are daily flowing in. A line of