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sent of our credulous felicitations.

Sober spirits, we are afraid, will conceive that our imagination has been running riot, been conjuring up too bright an Utopia, and that past experience does not warrant such pleasing anticipations. But there is much cause to infer that we are now really entering on an era of prosperity, as far at least as concerns the agricultural classes. They are themselves rejoiced at the prospect of reaping the full fruits of their own industry for thirty years, and at the certainty that the Government will not participate in the profitable returns of their expended capital. Absolute equalization of assessment is, of course, impracticable, but unjust exemptions and immediate pressure have been rectified as far as possible, and undue partiality or rigour has been shown to no one. There has been no grinding exaction, no vexatious and inquisitorial interference with the private concerns of individuals, but a demand has been made upon all to contribute as equally as circumstances would admit to the burdens of the state, and, the present settlement having been formed on such just principles, we surely have reason to hope that, with the help of Providence, it will prosper.-The Meerut Universal Magazine,

THE

CALCUTTA MONTHLY JOURNAL,

1838.

THE CODE.

Fonce thought of publishing notes to which matter surely should be put beyond all doubt, rhy name should be affixed. On considera- and the persons to whom, as well as the places tion I have for the present abandoned that in which the Code shall apply, made certain intention. These notes ought to pass current with all convenient despatch. Otherwise, for what they are intrinsically worth, as well subjects of the crown, not of Asiatic blood, without a real name as with onc; and as I recollecting that the declared intent of this have written and shall write nothing under Code is to make all men equal before the law, this signature of A LAWYER, which I shall not may begin to fear that they may be suddenly at all times be ready to avow if there be any deprived of trial by jury, and the benefit of occasion to avow it. I shall be nearly as the Habeas Corpus Act in the Mofussil, becareful of what I write as if I singed my sides many other rights which they have Name, and more at my ease perhaps if readers hitherto considered as inalienable, by a pub. by general consent shall decide that I write lication in the Government Gazette. what is not worth reading. Note Ist. On an extract from the preface

Note 3. On an extract from the concluding of the Indian Law Commissioners. “For rea paragraph of the preface,“ We are confident sons which have been fully stated to your that your Lordship in Council will not grudge Lordship in Council in another communica- any thing that may be necessary for the pure tion, we have not inserted in the Code any pose of enabling the people, who are placed clanse declaring to what places and to what under your care, to know what that law

is classes of persons it shall apply." This other according to which they aro requited to live." communication is not published.

Here is Now, as Messrs. Macaulay, Macleod, Anderconcealınent. It is intentional or unintention-son and Millett, have made a law according al concealment? This can only be matter of to which uncertain persons are required to conjecture, and I shall not in this place give live, because for reasons which they have utterance to my own conjecture, on the sub- fully stated to his Lordship in Council in anoject, but remark that it is useless to publish ther communication, which his Lordship in the Code for the information of those con

Council has not communicated to the public, cerned, unless it is made known who are they have deemed it expedient to leave the concerned.

places where, and persons to whom, the Codo Note 21. On the penultimate paragraph of shall apply uncertain by the Code itself. I the preface –“ Your Lordship in Council will trust his Lordsbip in. Council will

not grudga observe, that in inany parts of the Penal Code immediately to make it certain in what places, we have referred to the Code of procedure and to what persons, this Code shall apply, which as yet is not in existence; and hence as this knowledgefis indubitably necessary * to it may possibly be supposed to be our opinion enable the peoplo who are placed under his that, till the Code of procedure is framed, the care to know what that law is according to Penal Code cannot

come into operation which they are required to live." Sach, however, is not our meaning; we con.

The more I consider this and similar words ceive that almost the whole of the Penal Code, and all the forgoing extracts, the more I am. such as we now lay it before your Lordship, driven to conjecture that the non-insertion in might be made law, at least in the Mofussil, the Code of any Clause declaring in what plawithout any considerable change in the exist

ces and to what classes of persons it shall aping roles of procedure. Should your Lord- ply, was an omission; in pessimâ fide, to do. ship in Council agree with as in this opinion, an act that ought to be done, I guess that it we shall be prepared to suggest those changes was not considered expedent to warn Enge which it would be necessary immediately to lishmen before hand that it is intended to make. “Witbout a very considerable change deprive them of trial by jury, and to impose in the existing rules of procedare some may this Code opon them in the Mofussil “ withsuppose it coold not be intended that the Code out any considerable change in the existiog should apply even in the Mofussil to subjects rules of procedure."

1

sent of our credulous felicitations.

Sober spirits, we are afraid, will conceive that our imagination has been running riot, been conjuring up too bright an Utopia, and that past experience does not warrant such pleasing anticipations. But there is much cause to infer that we are now really entering on an era of prosperity, as far at least as concerns the agricultural classes. They are themselves rejoiced at the prospect of reaping the full fruits of their own industry for thirty years, and at the certainty that the Government will not participate in the profitable returns of their expended capital. Absolute equalization of assessment is, of course, impracticable, but unjust exemptions and immediate pressure have been rectified as far as possible, and undue partiality or rigour has been shown to no one. There has been no grinding exaction, no vexatious and inquisitorial interference with the private concerns of individuals, but a demand has been made upon all to contribute as equally as circumstances would admit to the burdens of the state, and, the present settlement having been formed on such just principles, we surely have reason to hope that, with the help of Providence, it will prosper.-The Meerut Universal Magazine,

THE

CALCUTTA MONTHLY JOURNAL.

1838.

THE CODE.

Fonce thought of publishing notes to which matter surely sliould be put beyond all doubt, my name should be allixed. On considera- and the persons to whom, as well as the places tion I have for the present abandoned that in which the Code shall apply, made certain intention. These notes ought to pass current with all convenient despatch. Otherwise, for what they are intrinsically worth, as well subjects of the crown, not of Asiatic blood, without a real name as with one; and as I recollecting that the declared intent of this have written and shall write nothing under Code is to make all men equal before the law,this signature of A LAWYER, which I shall not may begin to fear that they may be suddenly at all times be ready to avow if there be any deprived of trial by jury, and the benefit of occasion to avow it. I shalt be nearly as the Habeas Corpus Act in the Mofussil, becareful of what I write as if I singed my sides many other rights which they have name, and more at my ease perhaps it readers hitherto considered as inalienable, by a pub. by general consent shall decide that I write lication in the Government Gazette. what is not worth reading. Note 1st. On an extract from the preface

Note 3. On an extract from the concluding of the Indian Law Commissioners. “For rea- paragraph of the preface, “ We are confident sons which have been fully stated to your that your Lordship in Council will not grudge Lordship in Council in another communica- any thing that may be necessary for the pure tion, we have not inserted in the Code any pose of enabling the people, who are placed clause declaring to what places and to what under your care, to know what that law is classes of persons it shall apply." This other according to which they are required to live." communication is not published.

Here is Now, as Messrs. Macaulay, Macleod, Anderconcealment. It is intentional or unintention- son and Millett, have made a law according al concealment? This can only be matter of to which uncertain persons are required to conjecture, and I shall not in this place give live, because for reasons which they have utterance to my own conjecture, on the sub- fully stated to his Lordship in Council in anoject, but remark that it is useless to publish Council

has not communicated to the public,

ther communication, which his Lordship in the Code for the information of those conceroed, unless it is made known who are they have deemed it expedient to leave the concerned.

places where, and persons to whom, the Codo Note 2u. On the penultimate paragraph of shall apply uncertain by the Code itself. I the preface – Your Lordship in Council will trust his Lordsbip in.Council will not grudga observe, that in inany parts of the Penal Code immediately to make it certain in what places, we have referred to the Code of procedure and to what persons, this Code shall apply, which as yet is not in existence; and hence as this knowledgefis indubitably necessary " to it may possibly he supposed to be our opinion enable the peoplo who are placed under his that, till the Code of procedure is framed, the care to know what that law is according to Penal Code cannot come into operation. wbich they are required to live." Such, however, is not our meaning; we con.

The more I consider this and similar words ceive that almost the whole of the Penal Code, and all the forgoing extracts, the more I am. sach as we now lay it before your Lordship, driven to conjecture that the non-insertion in might be made law, at least in the Mofussil, the Code of any Clause declaring in what plawithout any considerable change in the exist ces and to what classes of persons it shall aping rules of procedure. Should your Lord-ply, was an omission, in pessimâ fide, to do ship in Council agree with us in this opinion, an act that ought to be done, I guess that it we shall be prepared to suggest those changes was not considered expedent to warn Enge which it would be necessary immediately to lishmen before hand that it is intended to make. “Without a very considerable change deprive them of trial by jury, and to impose in the existing rules of procedure” some may this Code upon them in the Mofussil “ withsuppose it could not be intended that the Code out any considerable change in the existiog should apply even in the Mofussil to subjects rules of procedure."

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I signed a petition requesting to know whether to say that a more astounding piece of iurpe-
the Act No. XI. of 1836, commonly called the dence and arrogance than this same penulti-
Black Act, intended to introduce the law of mate paragraph of the preface to the Code was
England in Mofussil Courts, and in cases never advisedly penned. The 53 and 54th
purely between English suitors or not, we were sections of the 3 and 4th W. 4th C. 85 con-
informed by Government that we were to have tain the commission of the “India Law Com-
the same law as before-this was an answer missioners” see, if they have done any one
in substance though delivered in rather an thing therein set down for them to do. This
oracular form, for, as betwcen English suitors is what they are enjoined to do.
and for English suitors there was previous to

“ The said Commissioners shall fully inquire into the 1836 no law in any Courts but the law of

jurisdiction, powers, and rules of the existing couris England, it followed there could be no other of justice and police establishments in the said terti: law thereafter. Encouraged by this frankness tories, and all existing forms of judicial procedure, and I think it would be as well if we put his Lord into the nature and operation of the laws, whether civil ship in Council in mind that Messrs. Macaulay, or criminal, written or customary, prevailing and in force Macleod, Anderson and Millett, who may have in any part of the said territories, and where to any inmade a law for us, according to which we are habitants of the said territories, whether European or required to live, are of opinion that his Lord- others, are now subject; and the said commissioners ship in Council will not grudge to let us know shall from time to time make reports, in which they what that law is, or in other words will not shall fully set forth the result of other inquiries, and grudge to tell us whether we Englishmen in shall from time to time suggest such allerations as or out of Calcutta are persons to whom it is may in their opinion be beneficially made in the said intended the Code as it is should apply, and judicial procedure and' laws, due regard being had to

courts of justice and police establishments, Forms of if not in Calcutta, then whether it is intended the distinction of castes, difference of religion, and that it shall apply to us in the Mofussil with the manners and opinions prevailing among different out any considerable (qu: any ?) change of races, and in different parts of tlre said territories. procedure.

LIV. And be it enacted, that the said Commission-
Calcutta, January 31, 1838.

ers shall follow such instructions with regard to the
researches and inquiries to be made and the places 10

be visited by them, and all their transactions with refer. Note 4. Ultimatum on the penultimate ence to the objects of their coinmission, as they shall pragraph of the preface. This Code we find, if from time to time receive from the said Governor GeI may use the phraseology of another profes- neral of India in Council; and they are hereby require sion which is appropriate, is not paraded for ed to make to the said Governor General in Council inspection, merely, but comes before the public structions may from time to úme be required; and the

such special reports upon any matters as by such in. to be reviewed in marching order. It is said Governor General in Council shall' take into conready for immediate action. To be sure it has sideration the reports from time to time to be made no Code of procedure to move by, but it does by the said Indian Law Commissioners, and shall not want one, this Code of law can proceed transmit the same, together with the opinions or resowithout a Code of procedure. In Wurtbourg lutions of the said Governor General in Council thereon in Germany, before its good Old Bishopric to the said Court of Directors; and which said reports, was secularized, and down therefore to late rogether with the said opivions or resolutions, 'shall times, there was a man who walked a certain be laid before both Houses of Parliament in the same street from midnight till one a. M. without manger as is now by law provided concerning the legs, and carrying his body under his right rules and regulations made by the several Governarm. This method of proceeding created the

ments in India," most dreadful alarm and the watch was never Thus have they done all that they ought not set in that street for fear of him. So we are to have done, and left undone all that they afraid that our fellow subjects of "Asiatic ought to have done. Let it not be said that it birth and blood” who shall behold this Code so it is the fault of his Lordship in Council, proceeding in the Mofussil without a Code of they were but servants, and wbal is a servant procedure will view its progress with similar in eastern idiom but a dog. Mr. Macaulay affright although the Commissioners are pleas. would disdain the defence, so, probably, would ed to affirm that a mucb worse Code proceeded the rest. His Lordship in Council is not a at Bombay without any dissatisfaction at all. Plutarch's man to guide minds of this calibre. Bat to leave this digression, I wish to know Here we see the genius of Macaulay himself, where the Commissioners find it set down in who thought an act of indemnity a tribute to their commission that they are to make a Code? his merit, or, to use a vulgar but expressive Where is their warrant for it? What authority phrase, and suitable when speaking of such a have they to shew for precribing a law to me man's conceit,“ a feather in his cap," and who according to which I am to live ? What title never hesitated a moinent to prescribe law to have Misters Macaulay, Macleod, Auderson millions without authority or right. Shall and Millett to shew for calling themselves we be told the Commissioners have enquired, my superiors or the superiors of any honest When, bow, where? What! have they fully man? for, saith Blackstone," law is a rule of enquired into the jurisdiction of all Courts, conduct prescribed by asuperior to an inferior," the rules and practice of all police establisha Let them slew their authority if they can, ments, the nature and operation of all laws in let their friends shew for them if they can any force throughout India, and have they made warrant to make a Code of law. If none can reports and suggested alterations due regard

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