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The particulars of this case are reported in the Hur- Mr. Grant opened the pleading. This was an action karu of February 7th. The action was brought to re- for an assult, and the defendant had pleaded the general cover the sum of 1,000 rupees for money lent. Judg. issue. ment had been obtained by default against some of the Mr. Clarke stated the case. The plaintiff is the head defendants, and the case was heard ex-parte against the clerk in the Calcutta Lottery office, and the defendant is others, last term. A verdict was then obtained for the a partner in the form of Messrs. Moore and Hickey, amount claimed and judgment entered up, but do no

Some time since, the plaintiff purchased a tice of asse-sment of damages having been given to those lot of shawls by auction, and gave them in custody to the of the defendants who had allowed judgment to pass by sircar at the auction rooin, to be put aside until removed. default, the court intimated the next day that the plain. On inquring for them subsequently, he discovered that tiff could take nothing by his judgment.

one of the most valuable was missing, and an inferior The case was again heard er.parte to-day, and the shawl substituted. This matter he represented to the damages were now assessed upon due notice.

defendant, requesting thar the shawi might be restored, or

the purchase cancelled altogether. defendant declined The Advocate-General and Mr. Cochrane for the plain both aliernatives, saying that no exchange of shawls had tiff.

taken place, and that he would sooner irust the word of

his sircar Iban of the plaintiff. Upon this, the plaintiff Robert WALKER v. Thomas Reeves.

being irritated replied, that the auctioneers seemed to

keep sircars for the express purpose of cheating their cus• Mr. Prinsep opened the pleadings. This was an ac. tomers! Delendant thereupon struck plaintiif a violent tion in trespass, for pulling down and destroying plaintiff's blow over the eye, insomuch that he was unable to wall, and throwing i he bricks upon his premises, and com atend to his business for some time, and was obliged to miiting other violence. The defendant had pleaded the call in medical ail! The learned counsel said that the general issue to all the trespasses except the demolition case was one of importance to the public. Travesnen of the wall, which he justified upon the ground thai his

were not to be permitted wih impunity to insult their windows were ancient windows, and the plaintiff by customers, by insinuations against the truth of the asserbuilding the wall had obstructed the light. The replications, and then follow up insolence by committing an tion traversed the averment that the wall obstructed the

outrageous assault. light, and also that the windows were ancient.

Mr. Darling, of Messrs. Moore and Hickey's estaba The Advocate-General stated the case. These parties lishment; called as a witness. Defendant was standing lived in adjacent dwelling-houses. From the winlows in at his desk at the time. There was a rail between hiin question, which overlooked plaintiff's premises, defen: and plaintit. The latter used abusive expres-ions

, and dant's servants had been in the habit of throwing rubbish, found fault with the smallness of the establishment and against whic' nuisance plaintiff had remonstrated in of the bad management. The shawl in question had been vain. He accordingly built this wall for his own pro; knocked down for forty rupees ; the difference be. tection and defendant, with the aid of his servants, had eween the two shawis was that one was a native shawl, taken upon himself forcibly to distroy it, and to throw the other

a company's ; can swear that he saw no blow the bricks about on the plaintiff's premises, by which the struck, and that the defendant's fist was not clencher servants of the latter had been materially injured. It The defendant motioned the plaintiff'away with his band. would be for the other side to prove that the windows and, in doing so, he miglit have putted him on the face. were ancient, and if they succeeded, the question would still remain whether the wall was built high enough to Mr. H. S. Mercer attended the plaintiff. His eye was obstrust the light. The learned counsel submitteil that slightly ied, and he complained of a head-ache. it would be necessary for the defendant to shew also some

Two natives in the employment of Messrs. Moore, anil ownership in the house, in order to give him a right to flickey were called, and deposed that the defendant did abate the alleged nuisance.

strike the plaintiff, but it was with his hand open, while From the cross examination of the witnesses called for waving bim back, and saying to the durwan, “turn this the plaintiff himself, it appeared that the windows were ancient windows, i, e. existing more than twenty years,

Mr. Clarke then said, that it would be useless for him and that the wall was of such a height, and placed in to call any more witnesses, as they were all evidently, such a position, as to cause an obstruction to the light. Thostile. This was of course sufficient to establish the defendant's

The Advocate-General (with whom was Mr. Leith, for justification ; but the pleas having unnecessarily taken issue on certain allegations on which the plaintiff would the desence), subinitted that no assault had been proved. be entitled to a nominal verdict. The court suggested It is true that the slightest blow or touch is an assault in that it appeared a fit case to be referred to the arbitration law, but it must be done with an intentiou to assault. of some gentleman at the bar. After some discussion

Sir Edward Ryan said that the court was of opinion this was agreed 10. The hesitation on the part of the that an assault riad been proved, but that the case was a defendant årose from the circumstance that there were very trumpery one, and the smallest coin would be a other parties not on the record, who were interested as sutficient recompense. partners of the defendant. These parties bad commenced actions on the case against the present plaintiff for Damages, One Anna.-Hurk, March 24. obstructing the ancient lights, and the decision of the court could only bind those whose names appear as

Monday, Marcu 26. parties on the record. The Advocate-General and Mr. Prinsep, for the

Sir J. P. Grant sat alone in Court this morning, and plaintiff

intimated to the bar that all motions, except motions of Mr. Clarke and Mr. Leith for the defendant.

course, should stand over. The absence of the Chief

Justice is occasioned by a recent domestic affliction. Verdict for the plaintiff for nominal damages, subject to reference of all matters of dispute between the parties. Two er parte cases, and one defended cause,still remain Costs of the action, and of the award to be within then the common law board. There are no causes remain.

man out.'




suits and actions between the parties, ao l also a refere

ence to arbitration.] (Before Sir J. P. Grant.)

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

The defen:lant's counsel replied, that it was to im. Mr. Prinsep h211 moved the court yesterday for peach the testimony of the witnesses, and to shew that a commission de lunatico inquirendo in the case of these entries were false and fraudulent altogether. a certain party, a Hindoo, alleged to be of unsound mind.

Mr. Prinsep (with whom was Mr. Leith, for the This person eppeared to be connected with some weal, defence) addressed the court. This case depends en. thy native families, but the only atidavits on which tirely on the credibility of the witnesses, and it is on the application was made, were those of a khansamali that account that matters apparently irrelevant have and a native doctor.

been gone into. One witness said that the knew no. Sir J. P. Grant, this morning, said that stronger thing of the action formerly brought by the present degrounils must be shewn before a commission could be fendant, while another proved that he was waiting in directed. The court would exercise a species of dis. court with the former on subpænas to give evidence in cretion and control, like that vested in a Grand Jury. that very action. The present claims were utterly This party was connected with wealthy families, yet the fictitious. The defence was not in the nature of a plea only affidavits were those of a khansamah, and a na- of payment or set-off, which would be inadmissible on tive doctor. The learned judge did not intend to im- the present pleadings, but it is founded on the suspicion ply that these deponents had not sworn to the real truth, and fraud presented by the transaction. Former actions but the former was in an inferior station of life, and of the and arbitrations have been instituted between the parties, laiter the court bad no means of judging concerning the and it is for the court to consider whether the setting up education, experience or competency. There ought to of pre-existing cross-demands long after the prior disbe adduced the evidence of some rela'ive or near con putes had been setiled is not a circumstance of strong Dexion, or else of a European medical practitioner, suspicion. It is pretended that these entries were sigued visiting the party for the purpose of examining his state by the defendant, but it will be proved that he is scarceof mind. His Lordship said, ihat he should adopt the ly able to read or write at all. course which he used formerly to pursue at Bombay, and take examinations in such matters at chambers, that peared inconsistent. At one time it was alleged that

Sir E. Ryan said, that the grounds of defence apthe private affairs of the party might not become matter ihe present claims had been adduced before arbitrators, of public notoriety.

and, consequently, already setiled, which, however, ad. mitted their genuineness, and at another time it was

attempted to impeach them altogether. This was an action of debt on a promissory note, and Mr. Prinsep said, that these claims had been advan. was struck out of the board by the plaintiff's attorney. ced before, but were then rejecteil, and that they were Two er-parte cases were heard. These actions were

now urged again with the fresh aids of pretended signa. brought to recover the amount of attorney's fees,

tures, and fictitious witnesses. He subunitted that the

whole case was one of fraud and imposture. The Advocate-General and Mr. Leith for the plaintiff.

A Mogul horse-dealer, who had been one of the There are no causes remaioing on either the common arbitrators, was called as a witness, and the question law, or equity hoard.- Hurk. March 28.

was put whether the entries in question had been seen

by him before, and whether they were now in the same Frrday, March 30.

The Advocate-General objected to this question, on SITTINGS AFTER 2D TERM --PLEA SIDE.

the ground that the award, if relied upon, ought to have been specially pleaded.

Sir E. Ryan.- An award certainly cannot be relied (Before Sir E. Ryan and Sir J. P. Grunt.

on in bar of the action, as a settlement of all disputes

between the paities, unless pleaded specially. But SaadK MANOMED MACOON 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 presumpMr. Clarke opened the pleadings. This was an

iun of fraud, and to prove that the debt never eristed. action on the common counts, to recover two suma,

The above question was then put to this witness, and amounting together to Rs 2,334 with interest

another Mogui witness, and they both swore that certain 'The Advocute-General stated the case.. The plain. Alterations had been made in the entries since the time tiffs are merchants and general dealers, and have been when they had first seen them. These witnesses were in the habit of lending different sums, and sending good subjected to a rigorous cross-examination with the view at different times, to the defendant, In 1836 the de. of impeaching their evidence, and shewing discrepancies fendant signed written acknowledgments of the sums in n the testimony of one and the other. question being due, these acknowledgments were ap. The Advocate-General was then called upon, and pended to certain entries and statements of accounts replied in a speech of considerable length, and great between the parties.

acuteness, in which he endeavoured to reconcile ibe A Moonshee was called to prove the writing and evidence adduced for the plaintiffs and to show the signing of the acknowledgments of the debt.

improbability of the tale which the defendant had set up. The sircar of the plaintiffs deposed, that he had kep: The court, after a short consultation, said, that the their accounts for several years, that they had had several learned advocate in his address, bad urged everything dealings with the defendant, and that he had acknow for his client's case that could possibly be said in its ledged these debts due. Of the plaintiffs, who ari support, but their opinion remained unchanged, and partners, one resides ai Calcutta and the other at Mad there must be a verdict for the defendant. This opinion ras. The defendant, a short time since, obtained a decret was founded chiefly on the discrepancies in the evidence against one of the present plantiffs, and property wa. of the plaintiffs, own witnesses. . Besides, the matter of seized in execution under it. (This witness was cross the arbitration could not be got over, unless the plaintifts cxamined at considerable lengih, in reference to othe, I 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 refer. their case by more than one witness, and yet they had ence to arbitration. Dot pretended to shew that one of their witnesses had been called when the same claims were before the Mr. Clarke for the defendant was instructed to consent. arbitrators. Verdict for the defendant.

Verdict for the plaintiff, subject to reference, This case occupied the court the whole day. There was a vast amount of contradictory and cross swearing, The court, on rising, intimated that to-morrow, Satar. and perjury on one side, if not on both.

day (this day) common motions only would be taken!

and that their Lordships would not sit until twelve HURRYIOLL TAGORE versus SHAMYLOLL TAGORE, o'clock. The Insolvent Court sits to-morrow (this-day.) The Advocate General moved the Court, that in this! - Hurk. March 31.


In the Insolvent Court this-day Mr. James Ambrose previously, and the more so, the insolvent not being in jail. was brought upon his petition. There was no notice of The assignee stated it was very difficult to obtain infor. opposition, but the Chief Justice observing fourteen cremation from the insolvent regarding his stale. The ditors on the schedule who had not been served with no. Chief Justice refused to make the order, and the mat. tice of this application, adjourned the hearing to the next ter stands over.- In the matter of James Black a court day, parties to be served in the meantime. In the third dividend of ten per cent. was declared ; in matter of Peter Foster, application was made to amend the matter of Captain Battley a fourth and final the schedule and to insert iherein the names of several dividend was declared of sixteen per cent.- Major creditors. But the Chief Justice remarked that this was Ousely was discharged from the responsibilities of by no means a matter of course, this being the day assignee to the estale of Fergusson and Co.- Hur. of hearing, the application should have been made karů, March 5.



know this, and it was requested that the information NO, 18, A HEADING FOR THE STATISTIC REGISTER.

should he supplied in future. 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 beading for the statistic registers, as it is probable the statement committee, the orders of 1632, regarding thai local circumstances may require some modification it must be virtually abrogited. It will not, therefore, be of the form in use in the Westeru Provinces. The com- necessary to furoish 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 furnisha cient. The khusrah might (says the board) be prepa che 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 iheir subordinates, need no longer be submitted, the revenue department who accompanies the party.

The suits (says the Board) referred to the Civil Court, Descrip rate should be entered in the figured columns with the dicided Length

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. Hurk., March 5.

The Board have also desired the commissioners to

direct the several collectors to transmit their respective CIRCULAR ORDERS, 1838.

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 By an extract from a letter from the secretary to the (says the Board) will be seriously noticed. Government of Bengal in the revenue and judicial depart

NO 20.-REGARDING DEPUTY COLLECTORS UNDER REGU. ments, that it is not to be gathered from ihe statements

LATION IX. op 1833. now supplied, how long is the average time taken by summary suits from institution to final decision. It is The Board have desired the commissioners to report




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No. 19



duties of a Deputy Collector, under regulation IX, of 1833, may occur, whether by death or leave of absence. 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 No. 21.-- From an extract of a letter from Mr. alleged claim to a portion of Soonderbun land in the officiating secretary F. J. Holliday, dated the 30th possession of the defendant. The Principal Sudder January 1838. It appears that his honor the Deputy Ameen entertained the case against all the arguments Governor has reason to believe that the rule laid down in urged on the defence. The consequence is, that ibe Mr. Secretary Mangle's letter of the 12th July 1836, for defendant's pleader, Mr. R. Dias, called on the present referring to the statement committee all additions and commissioner, Mr. William Dampier, and submitted alterations to periodical statements in the revenue the hardship to which both Messrs. Macpherson and department

, has not been very regularly observerd, and in McDougall, as government grantees, were subjected to an extract from a letter addressed to the committee for by the support given to the zemindars by the civil courts. the revision and consolidation of periodical returns, it is That experienced and intelligent officer immediately remarked, that a rule founded on these principles must concurred that the civil courts had no jurisdiction in be circulated for the guidance of all the authorities sub- either of the cases, but that they should have been instie ordinate to the Sudiler Board, and that they would be cuteil before the special commissioners. Mr. Dampier requested not to direct the submission of any periodical immediately ordered a rooboocarry to be forwarded to return, nor to alter any statement after it shall have been the vakeel of government, to appear at the principal revised and approved by the committee, without the Sudder Ameen's Court, and bar his jurisdiction in the previous sanction of government.

The vakeel appeared at the court on the The Board have promulgated the above orders to all 6th instant, and desired to be furnished with a copy of the revenue commissioners.

the plaint for the above purpose. - Hurk, March 14.

two cases.




language, published by us in the Furkaru : the Judges have been authorized to promulgate those orders to the

native courts and officers subordinate to them; and, with NO. 482.

a view of enabling the superior court to lay beure GovernThe Sudder Dewanny and Nizamut Adawlut, on the ment the information required to be submitted by the lst 9th instant, transmitted to the Juilges subordinate to July, next, the Judges have been desired to report, on the them, copies of the resolution of Government passed on 1st June, what progress has been made in carrying into the 23 January last, on the abolition of the Persian effect the present instructions.- Ibid.


Friday, March 23.

Barasut, that the parties against whom he had complained had come forcibly armed with clubs, and accompa

nied by others into his fields and had beaten him and Mr. W. Cracoft resumed charge of his duties as Civil the persons employed by him in cultivating his fields, and Sessions Judge of this district to-day. Mr. Torrens. and cut and carried away his corn; anil yet the Magiswe believe, will proceed to his own appointment.— Hurk., trate had refused to award him any sum from the parties March 26.

against whom he had complained as a compensation for

the loss of his grain. The Judge observed, that he beWEDNESDAY, March 28.

lieved the petitioner, if he had proved ihe 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. Although this was the last day of the second term, the business of the morning was finished in less than hali He, however, ordered the original proceedings to be

produced before him that he may be able to judge better an hour.

of this matter. A rule obtained by Mr. Clarke, on the plea side, against which the Advocute-General was to have shewn In this case the petitioner complained that a party against cause, was enlarged by consent, uutil a future day, when whom he had an action in the Magistrate's Court at it is to be heard as of the last day of term.

Barasut, had given in the names of several persons as his Ten causes are set down on the Common Law Board witnesses in that case, amongst the rest the name of the for the Sittings, which commence to-morrow, Thursday petitioner's father, who is not residing in the house where (this day.)

the petitioner resides, but has gone some years ago on

a pilgrimage to Benares, where he believes he has subse(Before W. Cracroft, Esq.)

quenily died. Three of the witnesses named by the party

have already been examined, but he still persisting that This day the Judge heard several petitions, from this petitioner's father is concealed in his house, and he amongst which we select these as being worthy of therefore cannot serve the subpæna on him. The Ma. notice.

gistrate has therefore deputed the Nazir of his court to First. In this case the petitioner wished to appeal go to the village where this petitioner resides and enquire from the decision of the Magistrate of Barasut. He said into this matter and the Nazir, in compliance with this


this petitioner's door to prevent any person from | Barasut calling on him to explain his proceedings and either enteriog quilling his house. Their report to him on this case fully. domestic arrangements are completely disorganized. The shri-htarlar borought to the notice of the Judge that In the mofussil courts it appears, that noney which the Moonsiff at Howralı bad likewise complained in this may have been deposited in realizatian of any suit is paid case, and stated to the Judge that the Magistrate had to any creditor in the suit, unless one of the vakeels or ordered his amlas lo appear before him in ibis case, and officials attached to the court certifies that the money is that they have now ben for some days at his court, and the identical plaintiff in the suit, his baving beeu genethe Magi-trate had confined some of them, consequently rally k nown by all the amlahs in court for years as the his business is at a stand and the cases are accumulating person who has managed the suit, and that he is the perin his office.

son he represents himselt to be, is of no avail without this The Judge observed that it was very irregular in the identification, adiled to which he must have witnesses Mayistrale io confine any of his arlahs without first to attest the payınent of the money to him, his own. Doring the circumstance to bim; he therefore ordered receipt not beisg considered sufficient without this alles. that a precept be sent froin his court to the Magistrate at 'tation.-Hurkaru, March 29.






goodly city of palaces. Two cases have occurred dur. -Mr. J. C. C. Sutherland ing the week; but the robbers bave fortunately been has been appointed to succeed Mr. Millett as secreta. captured. ry of the Law Commission. MANUFACTURE OP silver two.ANNA PIECES. It is said William, the direct cominunication between Allipore

By order of His Honor the Deputy Governor of Fort that the Mint is now employed in the manufacture of

and Calcutta, across the race course,

will be imine. silver two-anna pieces, and ibat in order to ensure the diately re-opened; it is to remain open until training free circulation, it is contemplated to pass an enactment, limiting eighit annas of pice as a component part

and legal tender in the exchange for a rupee, and that the

state of health.-Fever and cholera are raging ia balance is to consist of four and two-anna pieces.

and about Calcutia with a great degree of virulence,

and especially the latter, most of the cases of which THE GOVERNOR-GENERAL.- The Governor-General's

prove fatal, and affect ihe European community in some camp expected to be at Kurnaul on the 2d instant 10 measure. Scarcely a native is to be met with that is leave the station on the 61h, and to reach Seharun pore not labouring under a cold; and they, almost without on the 9th instant. From Seharunpore it is probable exception attribute the unhealthiness of the weather to the Governor-General, with a few attendants, will prolihe water of the new Canal being allowed lately by ceed via Nahur and Mussoorie, while the rest of the opening the locks to run into the river, whose water they camp go by Bar to Simla.

use as their sole drink. SIGNORA SCHIBIONI.--Signora Schieroni has left Cal.

DISTURBANCES IN ASSAM.—Disturbances have lately catta for the Cape, to the regret of all the lovers of taken place in Assam. It appears that Lieut. Villar, harmony.

second in command of the Assam Light Infantry, had FIRES.- Fires have occurred every day during tht been sent out, with a party of his corps and some irreguweek in different parts of the town, and much properrylar soldiers from the 'Beega Gaom, a native chiel, for has fallen sacrifice to the flames.

the purpose of driving one Pesbee Gaom from the THE CHTPORE ROAD AQUEDUCT.-Two wealthy native Company's territories, in consequence of repealed dis. gentlemen, Baboos Muity Loll Seal and Madhub Duti, tuibauces 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 Chirpore road aqueluct along new Colootolla road, Gaom's village with his detachment, but was suddenly as far as the central road; the former with a view oi altacked, 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, wiih 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 tite 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, RAJAU PERTAUB CHAVND.-The soi disant maha rajah of seeing their enemy, he returned to the camp to

men being very much dispirited from having no power Pertaub Chaund, embarked on board a Budgerow at Burra Bazar on the 17th instant, to proceed, as report ascended the place, but found it deserted, and from an

He afterwards

acquire every information possible. says, to Burdwan.

He movel from a house at Fouj. excellent spy be learnt that Peshee Gaom had fled to dary Balakhana, where he had taken up his residence Bomgong. The Bessa and Luttra chiefs had proved for some months, attended by a numerous retinue of false in iheir professions of friendship to the British peons armed with sticks. He was followed to the ghaut Government. It appears that the Duffa clief had also by an immense crowd of natives. It is worthy of re- told the King of Ava that our Government intended at mark, that the belief of this individual being the real attack on Hookum, and Tharrawarldi in consequence Pertaub Chaund, still continues unshaken in the minds had sent a party about three hundred soldiers io that of the credulous portion of the native community.

place. The Duffa Gaom had also collected a small ROBBERY.-Gentlemen in the babits of force. Lieut. Millar had stockaded himselfin the bills, taking solitary nocturnal rambles, would do well to which are of the most rocky description, the jungle deose provide themselves with good sticks, as the "stand aud and no roads of any kind. The difficulty of fighting in


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