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Mr. Linton was in good voice: he sang, "" Oh maiden fair," with Mrs. Chester in very beautiful style; but we think he was not quite so successful in "The Mid- to attend.-Hurkaru, June 21.
R. D. Mangles, Esq. who has been appointed to officiate as a member of the Sudder Board of revenue, in the room of Mr. Walters, who has proceeded to sea for the benefit of his health, took his oaths and seat at
night review." We are aware that it is a very difficult piece, and we have seen Phillips fail in it.
Jem Crow and "The Lover's Mistake" certainly were mistakes, and we would recommend Colonel Freelove to save the prompter a great deal of trouble, and himself too, by learning his part better the next time he undertakes one.
R. D. MANGLES, Esq.
A meeting was held at the Town-hall, this morning,
Mr. Rykmann, senior, on the Basso Bassoon, was beautiful. His son, through indisposition was unable
THE DARJELING MEETING.
THE COMMITTEE'S REPORT.
By the 3d resolution passed at the public meeting of the 15th instant, your committee was directed to call a meeting of shareholders so soon as it appeared a sufficient number of shares had been subscribed for. Upwards of ninety having been taken on the 22d, your committee felt justified in calling the present meeting, and they have now to report the number of shares subscribed for as 105.
the board on Tuesday last, the 19th instant, it being the first board day, at which he has attended ever since his appointment as a member of it.-Hurkaru, June 26.
a contract for the more durable building, the Company would no doubt have the benefit of a competition, which at present cannot be expected. On the whole then, after giving the subject their best attention, your comA.mittee would recommend;
1st. That authority be given to levy the subscription
Messrs. J. W. Grant, J. Abbot, S. Smith, W. Patrick, J. Cumin, C. Dearie, W. Bruce, W. Storm, Grant, D. McPherson M. Dugal, C. K. Robison, J. Spence, Davidson, J. H. Stocqueler, Gray, W. Jack-forthwith; son, R. Evans, R. Walker, Captain Harrington, A. H. Sim, G. Prinsep, Willis, Earle, Barwell, and H. M. Low. The secretary read the following report from the committee:
2d That a sub-committee of three be named for the above purpose, and with power to carry through the necessary arrangements for vesting the property in their names, as trustees for the company;
33. That the committee be directed to make arrangements for the erection of a temporary building at an expense not exceeding Rs 6,000, and at the same time to secure a respectable tenant for opening it as a hotel. In conclusion, your committee have to observe, that though active operation cannot be commenced on the spot, before the month of October, still it is very necessary that certain measures should be in progress here, with as little delay as possible. That some difficulties exist is unquestionable, but if resolutions are passed to the effect recommenced, your committee feel confident, these difficulties will soon be surmounted, and that the sanatarium of Darjeling will thereby be estab. lished on a permanent footing, by next hot-season.-J. W. GRANT, Chairman.
It will be in the recollection of the meeting that two plans for the proposed hotel were produced on the 15th instant; and that neither of them were approved of. Your committee at their first meeting, came to the same conclusion, viz. that there were objections to both; and Major Garstin having kindly undertaken to make a new plan, it was accordingly submitted for consideration at a meeting of the committee on the 22d. At this meeting too, another plan by Messrs. Burn and Co. was laid on the table.
Dearie-That Messrs. J. W. Grant, W. Patrick, and 2d. Moved by Mr. Smith, and seconded by Mr. Dwarkanauth Tagore, be the trustees for the company with the powers recommended. Carried nem, con.
Your committee do not feel authorized to recommend either for adoption. They approved generally of Major Garstin's, as from the explanations given by him, it seems to combine comfort with economy. But before adopting a plan at all, it is evident that some reference must be made to the amount of funds subscribed for, as well as to the opinions and wishes of the tenant who is to occupy the premises. Another consideration is 3d. Moved by Captain Harrington, and seconded by impossibility of finishing a building on the scale contem- Mr. George Prinsep-That at present a temporary plated so early as March next. Your committee, there-building is alone in contemplation, it will be sufficient at fore, are decidedly of opinion, that a temporary building first to raise Rs 100 per share. Carried nem. con. should be erected at a moderate expense; and, though at first this recommendation may almost have the appearance of throwing away money, they are satisfied the result would prove a saving. Ample time would thus be given for practically ascertaining the value of materials,
1st. Moved by Mr. Abbot, and seconded by Mr. Stocqueler, that the report now read be approved, and that the meeting do authorize the committee to carry through the whole measure recommended. Carried
4th Moved by Captain Harrington, and seconded by Mr. Bruce,-That the committee be authorised to apply Rs 200, in aid of the bungalow subscription.-Carried nem. con,
5th. Thanks to the chairman, moved by Mr. Pa
as a grievance, and he proposed that a respectful appli. cation be made to the board of customs, salt and opium, pointing out the grievances sustained by landholders, particularly in consequence of a new order of the board, that the security taken from any gomastahs or other servants should be on a distinct stamp, by which the amount previously required is doubled to 16 (on salaries of 3 to 5) rupees per month. That, as all leases and kabooleats between zemindars and ryuts are exempted from all stamps, it appears, that persons who are employed in collecting the rents from the above lessees, mem-ought on the same principle, either to be exempted, or at least put on a lower stamp. This was seconded by Rajah Kallykissen Bahadoor, and carried unanimously. Resolved, that a circular letter, inviting new members to the Society be lithographed for distribution. W. COBB HURRY, PROSOONOCOOMAR TAGORE, Honorary Secretaries.
Proceedings of a meeting of the committee held at the Society's office, No. 3, Clive-street ghaut, on Monday the 25th instant.
Rajah Kallykissen Bahadoor; Rajah Rajnarain Roy Bahadoor; Rajah Burrodacaunt Roy: Cowar Suttchurn Ghosaul; Baboo Dwarkanauth Tagore; Baboo Prosoonocoomar Tagore; Baboo Ramcomul Sen; G. A Prinsep, Esq.; G. Vint, Esq.; W. C. Hurry, Esq., and W. F. Fergusson, committee.
Baboo Shreemonthloll Khaw, member.
The gentlemen proposed at the last meeting as
The stamp duty now levied on the kobooleats and
A CASE OF VIOLENCE.
The following has just reached us from a correspon- and the superintendent of police, and proceedings will be immediately instituted in the Supreme Court. It is dent and we publish it without comment : needless to say, that the assailants had no sort of legal process with them, which could give any colour to their
"A firm in your city, having some causes of disconfent with a gentleman, with whom they were in partner-proceedings."- Hurkaru, June 21. ship in a sugar concern, contrived first to have him arrested upon a partnership balance sworn to, it is said, as a private account! The arrest was illegal, being performed by bursting open his door, at nine o'clock at night! to the unspeakable terror of his family.
Having got the managing partner out of the way, their next step was to demand possession of the factory, which the assistants, acting by orders of their principal, refused to give, and, in two or three days, boats with about thirty EUROPEAN SAILORS, and forty burkandauzes, were brought up from Calcutta, and the factory taken by storm; though there was no great fighting of course, for the assailing party were headed by Europeans, and the two European assistants in the factory, very properly turned the whole of their attention, to protect the managing partner's Jady, her two children, and female ser vants. She fortunately escaped across the river in a dingy, to Chinsurah, and is now in safety.
With reference to a statement which appeared in your paper yesterday, from a correspondent, respecting an attack on a sugar factory by some sailors and others, I beg to inform you, that the facts alleged to have occur red are highly coloured, although there is some faint resemblance in the general outline. With the parties sent to take possession, there were 10 not 30 sailors, who were carried up, in order to prevent a breach of the peace, which it was supposed might follow any collision between the burkandauzes of the respective claimants to hold the factory. There was not the slightest resistance, the late occupiers having one and all left the premises, it is supposed, on the report of a party of sailors advancing being received, and no part of the furniture or private property was removed. The house belongs to the factory, and the entire concern to the firm in question. As the matter will be shortly brought before the Supreme Court, when and where the actual circumstances and merits of the case will be fully disclosed, it is unnecessary to say one word more on the subject. The public will soon be enabled to judge who is right and who is wrong. -Hurkaru, June 22.
The assailants were perfectly aware that the mother and her children were residing in the factory, and that there was, moreover, from 5,000 to 6,000 gallons of rum in the distillery store. It was with the full know ledge of this circumstance, that these gentlemen led a party of sailors to assault it! Can any husband or fa ther think of the possible consequences without a shudder? There is "no mistake" here, Mr. Editor, for one of the gentlemen has actually admitted before a magis trate, that he was accompanied by sailors! A friend of his an officer of a ship, on the river for his health! and he, walked in to the factory, by accident, as one might say, seeing it all quiet and abandoned ! This occurred on the morning of the 10th instant, but owing to the absence of the magistrate of Barrasut, on duty, the parties are in full possession of the factory, to which they might suppose they had some right; but they bave, moreover, taken possession of the dwelling house of a respectable family, and seized the property of all kinds, both factory and private, and some of it is on its way down to Calcutta! Petitions have been presented to the local authorities, the joint magistrate at Barrasut,
I observe, Mr. Editor, that your devil's have overlooked a note in which I requested you to give my name and present residence in Caleutta to any person who may inquire for them; pray do so, if you please. My respondent informs you, that the facts" are highly coloured." I promise you they are not coloured enough; and, verily, the idea of carrying up sailors "to prevent a breach of the peace" is a rich specimen-almost as rich as the comfortable ignorance in which he appears to be, that the bodily fear is quite equivalent in the eye of the law to the violence. The entire concern did as suredly not belong to the firm in question. If their title was so clear, why use such means? and why, within ten days of the violence, claim in writing, ONLY a joint proprietorship? This document I have seen, Mr. Editor. -Hurkaru, June 25.
TUESDAY, JUNE 5, 1838.
In the matter of Thomas Wilson, of Dhurrumtollah, Mr. Clarke said, that he should adopt this mode of paper manufacture, Messrs. Baillie and Molloy, at-procedure, and that he should make his application on tornies for the insolvent, applied on filing his schedule, Monday next. that Saturday the 28th of July next, be fixed for the hearing of the petition of the insolvent, filed in the court on the 26th May last. Application granted, on the usual notice of hearing being served upon all the creditors of the said insolvent.—Hurkaru, June 7.
SATURDAY, JUNE 9, 1838.
John Pratting Green and Taranychurn Neoghy, were this day brought up before the court for the hearing of the matters of their respective petitions. The latter was discharged, and the former remanded to the 28th of July next, for the purpose of serving notice of hearing on the detaining, and several other creditors, who had not been already served to that effect.
The usual practice was, as laid down in the case cited from Russell.
Mr. Clarke said, that there was a distinction in this country, where, although the court was nominally a different court, the judges were the same in law and equity,
RUSSICKCHUNDER SEAL versus MILLETT.
Mr. Leith moved that the payment of a sum of money directed to be paid by the master's report in this cause, should be made by a transfer of accounts, instead of the usual mode of payment into the hands of the accountant general. Notice had not been given of this motion, but it was apprehended that no objection could be made. Motion granted.
SEEBOOSOONDERY DOSSEE versus COMULMONEY DOSSEE.
Mr. Clarke (with whom was Mr. Nott) wished to apply to the equity side of the court, for a new trial of the issue at law, tried in this case last sittings, and he intimated an intention of calling upon the other side to shew cause in the first instance.
Sir E. Ryan was of opinion, that a statement of ground ought first to be made in order to satisfy the mind of the court of the probable necessity for reconsidering the
made to the court, the objections to the return of the writ In Mr. Ogilvy's case no application whatever was of habeas corpus, have been dropped, as the prosecutor is anxious that the proceedings may not appear to be vigorously and barshly pressed against the defendant.
The chief justice intimated that only common motions would be taken to-morrow, Saturday (this-day).
In Macnaghten v. Tandy the demurrer to the bill (which is a bill of discovery to ascertain the names of the proprietors of the Agra Ukhbar) stands for hearing on Monday.- Hurkaru, June 16,
rect (as mentioned by our morning cotemporary) in Our Supreme Court report of Saturday was incor. stating, that the demurrer to the bill of discovery in Macnaghten versus Tandy stood for hearing on Monday We may mention, however, that the Englishman is by do (yesterday). This was a clerical error for Thursday, means altogether accurate in warning its readers not to confound this case with the famous libel case in which the same parties appear as plaintiff and defendant, and in informing them that the two cases have no connexion with each other. It is very certain indeed, that a bill in equity to compel a discovery is not quite the same thing as an action at law to recover damages for a libel ; but in the present instance the former is closely connected with the latter, inasmuch as the bill is filed for the purpose of ascertaining the proper parties to the action, and it may be considered, therefore, as supplemental and auxiliary to the proceeding at law. The defendant has demurred to the bill on the well established principle, that no party is bound to discover any matter which may subhowever, involved in the present instance, has not been ject him to penal consequences. The precise question, forestalled by any reported decision, and is still quite open to argument on behalf of the complainant.
MONDAY, JUNE 18, 1838.
(Before Sir E. Ryan and Sir J. P. Grant.)
HURRYLOLL TAGORE versus SHAMYLOLL TAGORE. Mr. Clarke moved that judgment might be entered upon a cognovit given by the defendant to the plaintiff. The defendant died in May last, and application was made within a few days after that event to a judge in chambers to enter up the judgment as of the preceding
tron, without prejudice, in the present term. According | from the verdict which was pronounced when the evito the old rules, if a party had died in vacation, the judg-dence was fresh in their minds. I feel bound to say ment might have been entered up as of the term pre- that it then appeared to myself and Mr. Justice Grant, ceding, and, although by the new rules all judgments that you had argued the most ably and ingeniously, and are to be entered of record of the day and year, whether indeed urged everything that could possibly be advancin term or vacation, when signed, yet a discretion was ed; yet we felt that the probability was, if anything, reserved to the court to allow a judgment to be entered slightly the other way, and that the plaintiff had not up nunc pro tunc. In the recent case in the court of succeeded in making out her case. exchequer at home Mann v. Lord Audley, 5, Dowling's Reports, 596, the application was refused, merely be cause it could not have been granted under the old rules: the defendant had died in Hilary Term, and the motion was not made until the Easter-Term following.
Sir Edward Ryan said, that it was an important point, and the court would take time for consideration.
JOSEPH versus PRINSEP AND OTHERS, EXECUTORS.
The Advocate-General moved, that certain words of course, accidentally omitted in a decretal order made in this cause in July 1837, might be inserted by amendment. The other parties had given their consent. The order was interlocutory only, and it was the custom for the registrar only, and not the judge, to sign interlocutory orders. The clause omitted was the usual direction to take an account of the debts due to the testator. Iu Wallis v. Thomas, 7 Ves. Jun. a similar application was granted; at least the master was authorized to take the accounts without any alteration in the decree itself.
Mr. Clarke said, that there were one or two points which he had not then dwelt upon strongly enough; chiefly the circumstance that the defendant had instituted equity proceedings immediately after the death of her husband, when if the will she set up had really been in existance, such proceedings would have been quite superfluous. His grounds for the present motion were,
Sir E. Ryan said, that the alteration would be a material alteration in the decree, yet as all parties had consented, it might be made. His lordship added, this could not form a precedent for future cases.
1. That the plaintiff's case was supported throughout by probabilities.
IN THE MATTER OF W. CURRIE, DECEASED. The Advocate-General moved, that the usual citations should issue in the goods of this party. Mr. Currie left debts and effects in this country and also in England; and by his will appointed his son and another party executors, who had proved the will in the proper ecclesiastical court at Canterbury. But it had been decided that such probate would not extend to India, and it now became necessary to take out administration with the will annexed in this country. A power was given by the executors, to Messrs. Colvin and Co. to institute actions, and otherwise to act; and the question wawhether this power extended to enable them to take out administration and act as executors here.
2. That the plaintiff's case was that which she had previously set up in equity, and that the defendant's was the reverse.
3. That the plaintiff's witnesses were consistent with themselves and with each other, whereas the testimony adduced by the defendant was highly contradictory and inconsistant.
4. That all plaintiff's witnesses were perfectly uninterested in the result, while most of the defendant's had some interest.
5.-That the witnesses for the plaintiff were far superior in character and station of life, and therefore more worthy of credit.
Sir E. Ryan was of opinion, that the power was insufficient.
SREEMUTTY SEBOOSOONDERY DOSSEE versus SREEMUTTY
Sir E. Ryan said, that he retained his former opinion. He did not say that the defendant's story was the most probable, or that her witnesses were more worthy of belief; but the onus of proof rested upon the plaintiff, and the court could not come to the conclusion that the plaintiff had succeeded in clearly establishing it." Sir J. Grant fully concurred. Rule refused.
Mr. Clarke and Mr, Nott for plaintiff.
The Advocate General, Mr. Leith, and Mr. Morton, for defendant.-Hurkaru, June 19.
THURSDAY, JUNE, 21, 1838,
(Before Sir E. Ryan and Sir John P. Grant.)
HURRYLOLL TAGORE versus SHAMYLOLL Tagore.
Sir Edward Ryan said, that Mr. Clarke had ap plied to the court in this case, for liberty to enter up judgment, on a warrant of attorney given by the defendant, empowering the plaintiff to enter up judgment on a cognovit, (See the Hurkaru of Tuesday.) The cognovit had been prepared, but the defendant died before judgment was entered up, and the application was made a few days afterwards to a judge in chambers, and by his direction referred to the court. Now according to the old rules, all judgments bad reference to the first day of the preceding term, but by the new rules every judgment had effect from the day when signed. It was true, that the court had still a discretionary power of allowing judgments to be entered nunc pro tunc. But it was the opinion of their lordships, that since the new rule, it was necessary for the party to be actually living, at the time when the judgment was signed. Such opinion had been expressed in the last edition of Archbold's practice, and also
by Mr. Baron Parke in Mann versus Audley, 5 Dowl. duty. In the instances of the Governor Raffles, and the Pract. Reports. Under these circumstances, the court Francis and Eliza. 2, Dodson's Adm. Rep. the crew of could not grant the application.
a vessel were held not entitled to salvage from the owners, for rescuing their own ves-el from mutineers and pirates. And in the Joseph Harvey, 4, Robertson's Reports, it was laid down that mere pilotage duty, even under hazardous circumstances, must be distin guished from salvage services, and is entitled only to the
IN THE MATTER OF THE SHIP "CALCUTTA." This was a claim of salvage. An application had been made to direct the sheriff, to cite Charles Howe sufficient appeared upon the affidavits to shew the exMr. Prinsep, for the plaintiffs, urged, first, that quite Cockerell and others, owners and consignees of the treme danger in which the vessel was placed. It was bark "Calcutta," to shew cause why salvages should sworn positively by persons competent to judge, that not be allowed to Captain Charles Henry West and the the vessel was placed in so precarious a position, that officers of the steam-ship Enterprise, for the rescue of she must have been speedily wrecked without aid. This the said bark from the perils of the sea. inference was very natural too, considering the circumIt appeared from the affidavits, which were put in stances of wind and tide, and it was absurd to suppose, and read in this cause on the part of the salvors, that that the vessel could have got off, and arrived at her in the month of October last, the steamer Enterprise, moorings in safety, if left entirely to her own devices. employed on Government service in the river Hooghly, Authorities were not wanting to shew, that no great observed a vessel off Saugor point, in apparent distress, exertion was essential to be proved on the part of the and making a signal that no pilot was on board. This salvors, and no vast risk necessary to be incurred, in vessel, which was the bark Calcutta, burden 440 tons, order to entitle the salvors to their claim. In the case P. H. Bentley, commander, was at that time drifting of the Maria Edward's Adm. Reports, 175, the vessel rapidly towards a dangerous shoal, with a heavy gale had been totally abandoned and first taken possession of blowing, threatening squalls, and a strong flood-de. by two fishing-smacks; yet, although these vessels were She ppeared to be dismasted. The Enterprise imme- proved to be fully competent to the task of carrying the diately left the duty on which she was engaged, and vessel safely to shore, a King's ship interfered for the pur. proceeded to the assistance of the Calcutta. After pose of giving assistance, and was held entitledjointly with consi derable exertions, and with no small difficulty and the original salvors. Secondly, it had been urged on risk, he steamer succeeded in making fast a hawser, the other side, that the steamer had done no more than and in getting the bark clear of the sands, and then her duty, whereas to entitle a party to the claim, such towed her to Kedgeree, where she anchored. The party (it was alleged) must be a mere volunteer. Now whole of the ensuing night was tempestuous, and the the cases cited, relating to the saving of a ship by her steamer remained near the rescued vessel, for her pro- own crew, were utterly inapplicable, because the crew tection, until day-light the next morning, when she had done nothing more than they had actually contracttowed her up the river to her moorings at Diamond ed to do, and could not, therefore, claim any reward: Harbour. The affidavits on behalf of the claimants and the distinction between pilotage and salvage might stated, positively, that, from the dangerous position of be safely admitted, without affecting the present claim. the Calcutta, and the strong wind and tide, she must If the commander of the steamer had been a regular have been infallibly wrecked, but for the timely aid pilot, and had performed nothing more than a pilot's afforded by the steamer, One of the affidavits was that duty, he certainly could not have demanded any addi of Longueville Clarke, Esq. who was on board of the tional remuneration; but the case was not so. It was Irrawaddy steamer, Captain Warden, commander, and true, that to a certain extent, it is the general duty of witnessed the danger of the Calcutta, and the exertion of commander of a steamer to interfered, because general the Enterprize. The vessel and cargo were valued at instructions to that effect have been promulgated under more than a lac of rupees. the sanction of Government. But to a certain extent
too, it is the duty of every ship to assist another in distress, as it is the duty of every good Christian to lend a helping hand to his neighbour. The case of her Majesty's vessels being allowed salvage for saving in point. It was the bounden duty of a King's ship to other ships from damage or destruction, was precisely aid and protect a merchant vessel under British colours
The counter-affidavits (among others) of Captain Bentley, the commander, and of Mr. Middleton, the first officer, set forth, that no signal of distress was made by the Calcutta, that she was in no danger whatever, and that the only signal was the union-jack, which had been flying all day for a pilot. They added, that, observing the Enterprise and Irrawaddy in sight,in the instance, for example, of such vessel being they had supposed that those steamers were disengaged, attacked by a hostile ship of war,-yet the King's ship and they wished, therefore, to obtain their services. These gentlemen positively swore, that to the best of might institute a claim for salvage. In the matter of their judgment and belief, the steamer rendered no the Marianne, Haggard's Adm. Reports, 158, where material service, and that the Calcutta could have the vessel was saved by the King's sloop Arrow, Lord easily reached Diamond Harbour in safety, without aid, Stowell said, that the sloop was entitled to salvage, The Calcutta was a strong new vessel, totally uninjured; vessels to aid the merchant ships of this country. although there was an obligation upon her Majesty's she was not dismasted, but had struck her upper spars, and double-reefed her top-sails.
Sir Edward Ryan said, that the court wished to look further into the affidavits, and that they should postpone judgment until a future day.
Cur, adv. vult.
The Advocate General and Mr. Leith, addressed the court on behalf of the defence. The learned counsel contended, that there was no ground for this claim, upon the other party's own showing. No danger was incurred by the steamer, and nothing was performed except what was within the scope of her usual duty and occupation. The steamer, therefore, was merely entitled to the ordinary rate of remuneration for her services, (which had already been received) and to no extraordinary reward in the shape of salvage. Cases had been decided in which it was held, that the claim Two cases stand for trial to-morrow, (this-day) on
This case occupied the court until between 3 and 4 o'clock; and the demurrer in Macnaghten v. Tandy was postponed on that account until the next equity day, (Monday.)