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It was then moved by Baboo Bhobaneychurn " 363. Whoever, intending to take fraudulently any Bonerjce, and seconded by Rajali K. Bahathing which is property, and which is not attached to door, that ihe address read be adopted the earth, out of i he possession of any person, without carried nem. con.
that person's consent, moves that thing in order to such
taking, is said to commit 'thest.'" Baboo R. S
rose to address the chair,-Sir, it i« with feelings of exceeding To this clause is attached certain. joy and gratitiration that I liave walihed the proceedings of this meeting from its commence
“ Explanations. All things fastened to any thing ment to the present period, and I assure you, attached to the earth, are said to be attached to the
earth. genilemen, that lie sentiments which have been uttered are worthy of being recorded in
“ A thing which is attached to the earth becomes characters of gold. I fully approve of all that capable of being the subject of theft as soon as it is bias been said, and of the resolutions to which severed from the earth. you have comc. Bat there is one point, a very essential one, which secas yet to have been
“A moving effected by the same act which effects the. overlooked, I mean the provision of the ways severance may be a theft. and means whereby the law promulgated hy " The words to move a thing' include the cases in Mr. Macaulay is to be kept in tull day. This which a person causes a thing 10 move by removing an end cannot be accomplished without pecuniary obstacle which prevented it from moving or by separat. aid. You will perhaps recollect, that in the ing it from any other thing. early period of the Britis! lodian rule, there was a court called the Zat Mall Cutchery,
A person who by any means induces an animal 10
move in a dire tion in which he intends to induce that which took cognizance of religious offences, of questions relating to castc, marriages, &c. and animal to move, is said to move iliat animal, anul to move that in 1828, the late laniented President of everything which in consequence of the muliva so
caused is moved by that animal. this Shubha endeavoured to revive it by offer. iny a wholesome surggestion to the police “ The cofsent mentioned in the definition may be er. comnittee. I would wish to see such a court press, or implied, and may be given either by the pe:800 re-established, and its expenses defrayed by in pus-ess100, or by any person having for ihat purpose levying a tar similar to the haldary or the mar.authority, either express or implied, from the person in riage tax levied by Government, prior to 1772, possession. at the variable rates of three rupees eiglit
“ A person may commit theft though he intends to annas, and four ropees. Th» revival of a lax restore the property after taking it." like this would afford ample means to the Gov. ernment to establish separate and distinct And then follows a string of “ illustrations," cours for the purpose of trying cases, likely such as the following: 11) become cognizable under the provisions of Mr. Macaulay's code. I therefore move that intention of fraudulenily taking the tree out of Z's pnia
“(a) A cuts dowo a tree on Z's ground with the the Government be solicited to establishi
session without Z's consent. Here, as soon as A has such a court, and levy the tax I have alluded severed the tree, in order to such taking, he has como to, Seconded by Baboo B. C. Ganguly, and initted theft.” carried unanimously. Moved by Rajal K. Baladoor, and seconded
Now we say that he has not, even by the by Rajah R. Baladoor, that the honourable code ; for what say the explanations ? T. B. Macaulay be elected an honorary mem. ber of the Dhurma Shubbr, carried nem. con.
“ A thing which is attached to the earth
becomes capable of being the subject of theit, Thanks were then rotel to the chairman as soon as it is severed from the earth." for his able conduct, and meeting dissolved, the members exclaiming with great exullion Constantly, therefore, with this “explana.
tion " the tree which was before attached to ধর্ম এব হতাে হন্তি
the earth, as soon as it is cut down by A “he.
comes capable of being the subject of theft,' ধৰ্ম্মোরতি রতিঃ :
and no more ; and until A proceed to remove
such tree, it is impossible to tell whether A তারূৰ্মো নহন্তব্যঃ :
intends to steal it or no. He may have cut it
down from spite and anger, in revenge for Notes
some injury done, or supposed by him to have
been done against him by Z. “Oh” but, says " Virtue being destroyed, will destroy its destroyer, the commissioner, “ be may have written to a - being preserved, will preserve its preserver. It must friend that bis intention was to cut down and Dever, therefore, be violated.”—Munu.
stcal A's tree.” That is not the case put; but [Bengal Herald, January 30. no matter, we say that even that would not
help the matter. The code might as well say We come now to the consideration of the that a man as soon as he has broken into a chapter of the new code, which treats of house with a view to rob it, has robbed it ; theft. The Covert Act, it seems, which con- and according to this reasoning, if A break stitutes the “offence" of theft, consists in the into Z's liouse with intention to rob it, the “moving a thing"-we should have said re- moment he sets foot in it be has robbed the
no particular object can be specified, there-sion, especially when lamenting him of so grievous a fore his robbery is general ; that is to say, he loss. What mattered it to Z wiether A had pilierenden, has robbed it of everything that is in or caused it to begin and continue to move. out of the it; so that, because he has taken nothing ai embraces of the boop-bound logshead, and irrigate the all, he has taken every article in the house, from barren and the thankless fluor ? Again we say, ilar Z is the lady's jewels and wardrobe to the shirt, claims, he has robbed me of my beer.
to be excused, if, in bewuiling him of such a loss, he ex.
But we will that is on the gentleman's back. According not allow such loose language to a legislator. Z has in to this kind of argument, if. A snap a pistol ai the case above committed no theft; he has committed an poor Z with intention to kill him, A bas kill. offence it is true and ought to be punished; but he caned Z outright, notwithstanding that Z is per-90i be punished for theli, seeing that he bas stolen nu. fecily unhurt, and that the pistol was noihing. loaded !-We think that the commissioner
The nextillustration savors of the ludicrous. who devised this method of taking the will
“(c) A puis a bait for dogs in his pocket, and thus for the deed, may well call out evpnka; he induces Z's dog to follow A. Here it A's intention be has discovered that which has so long been frauduleatly to take the dog out of A's possession, with sought for by the friend of humanity and the out Z's consent, A has committed theft as soon as Z's legislator, and sought for in vain. He has dog begias to follow A.” discovered a method by which the deadly The object of this illustration we suppose effects of duelling may be neutralized. Hence is to fix the moment whien thert is commiited, forth instead of recording in our columus the which we should think not very possible, fatal result of an appeal to pistols, we shall without we could call in the evidence of have the far more gratifying task of penning Towzer himself. A has, in his great-coat such paragraphs as this, - yesterday morning pocket, some savory viands which he artfully a duel took place between Captain A and Mr. places betwixt the wind and the canility of Z. The parties having taken their grund, Towzer. The nostrils of Tou zer being transCapt. A declared his intention to be to shoot ported with delight, he begins to move toMr. Z through the head, and Mr. Z having wards A, but we should think it very diflicult made the same declaration, the signal was for any one to fix that moment. But let us given, the parties fired, and both being killed, suppose that wbilst is walking off, with the seconds declared themselves satisfied, and Tow zer nosing his great-coat pocket, Tow. all four went home to a cheerful breakfast zer's master appears upon the stage and calls together.” This we hope will be one of the his dog away from A's great-coat pocket. happy results of the new code.
Now, according to the code, A has stolen
Towzer; let us then suppose that 2 charge Let us take another “illustration."
him with “ the offence” and accuses A under “(6) A pulls a bung out of a hogshead of liquor in this clause, what will A say in his defence ? Z's possession, with the intention of fraudulently taking We should imagine as follows: "you call some of the liquor without Z's consent, As soon as the this a bait for dogs. Why, it is my own dinliquor begias io flow, " A has comunited theft.” Here ner. It is not quite so good perhaps as your we must again dissent from the coile A in this case dinner, or even the dinner you give to your has not committed theft, until he has actually received dogs ; but it is the best I can afford. Sieal some of the liquor into his mouth, without the interven your dog, indeed, why, it was your dog that tion of other recipient, jug, mug, or what pot, usually wanted to steal my dinner ; and most likely employed in the conveyance of liquor to the mouth ; o has received some of it in some such vessel by him em
lo snap a bit out of the calf of my leg. Í ployed for the purpose. Let u: illustrate this illustra charge you, under the new code, with leiling rion a little further, and we shall perceive the utter ab go loose a furious dog“ intending or knowsurdity of this minute doctrine of beginning to move.ling it to be likely to cause Z to believe that Let us suppose ihat at the moment, that A has pullest he (the dog) is about to assault Z.” Here our'a buog from Z's hogshead of Hodgson's best ale, the tables are turned indeed Z becomes A, 80 placed as that the moment the bung is taken out, the A becomes Z, and our old friend 2 primus, liquor will begin to move or, in plain language, run instead of getting A punished for dog-stealout of the cask. Now, let us suppose that just as Aling, falls himself within the penalties of the has pulled out the bung, he sees or hears, or faucies clause, which provides against that he sees or hears 2 coming with a big stick to de. ihew of assault” by means of“ a furious dog
making fend his barrel, and therefore A scampers off, as fast a: unmuzzled.” Poor Z! somehow or other bo he can, without having had time to drop of liquor. Well, A having run away, and the ale always comes off second best under the new having 'began to move' for want of a bung, which A in code. By advice of the code be charges A his hurry had forgotten to replace, the liquor continues to with dog-stealing, and is himself trounced in run aodruo-labitur et laberur, lill the whole has escap consequence, by the very same code for ed, or at least till the liquor within the cask has found 'shew of assault." All this is enough to the level of the bung-hole. Here according to the new break Z's heart. But the code itself, strange code, A has committed theft, and actually stolen the lo say, takes upon itself the burden of definwhole hogshead of beer, although he never received a ing what is not theft, and nobody will deny drop of it into his own possession. What cannot, caonoi that ihe following is not theft: exist consistently with truth, cannot be all. We say that it is not true, 10 say that A in the above case hai “ (k) A delivers his watch to Z, a jeweller, to be commitied a theft. It is true that in common parlance regulated, Z carries it to his shop. A, not owing to the ani in poetical language, poor 2, when he comes to dis Jeweller any debt for which the jeweller might Jawfully cover his loss, may be allowed to exclaim in the anguish letain the watch as a security, enters the shop openly, of his heart, he has robbed me of my beer.' We takes his watch by force out of Z's hand, and carries it
dal trespass and assault, has committed no theft, inas-out 2': express consent. Here, it is probable that A much as what he did was not done fraudulently." may have conceived that he had Z 's implied consent to At this rate we may expect to be informed use 2 - books. If this was A's impression, A tias por
commilled chelt," in some part of the code of the death of Queen Anne, that two and two make four, A is a great fool if he do not under such an and that leas are not lobsters.
accusation stick lustily by his “ impression." Let us take another.
Take another. “(9) A and Z are gardeners. Z has reared a pine. apple of extraordinary size, in hope of obe ining a (u). A asks charity from Z's wife. She gives A prize. A takes the pineapple wi hout Z's con-ent, pro- money, fod, and clo:hes, which A knows 10 belong duces it before the judges as his own, and obtains the o 2, her husband. Here, it is probable that A may conprize. He then sends back the pineapple to 2. Here, ceive that Z's wife is anthorized to give away' alnus. as A took the pineapple fraudulently, Å has cominiited If this was A's impression, A has not committed thaett. thest, though he has re-lored the pineapple."
Next comes an illustration about naugliig We should like to know whether the code people, so we omit it. means that the theft bas been committed on the pineapple, the prize, or both. We should This branch of “illustrations" of clause say, that A cheated both the prize-river and 363.extend very appropriately from A to Z, and z, that the taking the pineapple, was giving one illustration for every letter in the part of the means of effecting the cheat. alphabet, in the manner of a apple-pie, ú Take another.
bit it, c cat it, &c. and verily the code might
very properly be bound up in the same ro" (1) A being on friendly terms with 7, goes into lume, with that text-book of the nursery.2's library, in Z's absence, and takes away a book with. I Hurkaru, February 5.
CALCUTTA MONTHLY JOURNAL.
The long expected and much talked of VICTORIA But we must speak of the Town Hall. When we Balb, was at length consumma:ed last night. It bad first entered it, we found ourselves in a very bower of been for months in agiialion, at one time laid on the roses, and we thought of Oberon and Titania, and the shelf and like to expire, at another revived and newly in. fairies of the “ Midsummer's Night's Dream,” though vigorated; once we almost feared that it was doomed to this, in truth, is mid-winter,- and we looked around for be one of those many anticipated events which never ad. little Puck and his frolics, and before very long we dis. vance further than the embryo ; but now it has actually covered him in the shape of a two-peony Postman; and been perfected in the womb of time, has existed, and is we thought of the “ bower of roses by Bendemeer's deparied- gone, gone to the sepulchre of the past. All streams,” and of the nightingale who last sang the pretty the bustle, and turmoil and excitement is now over, the song to us. When we arrived in the ball room, we vesture-makers will have a little breathing time, the were quite bewildered; we knew not whether we were curious nothing further to enquire about - the mystery. in Greece, or Switzerland, or the Highlands of Scotlovers nothing to conceal, but ihe gossips plenty to talk lavd, or Fairy-land, or whether we were taking a part in about. A pageant of this elaborate nature has general. | a tableau vivant, representing an apotheosis of Walter ly a fortnight's moral existence,-it exists a week in pros. Scott, such a diversity of mimic garbs were there prepect and a week in retrospect. It has now become sent, so many costumes of different nations were making someihing to talk about.
up the molley throng. We wish we could do justice to the assembled multitude, and give a correct account of
the fancy dresses; but as we have been often told by one, Never in our recollection has the City-of-Palaces been whose dicta, are gospel to us, he who does his best more full of youthful beauty ihan it is at the present moment. Bright eyes and rosy cheeks, and pale ones Does well, does nobly, angels could no more, too, which, to us, at least, are still more fascinating
herewith begin our attempt. (“ pale with high and passiona'e thoughts," as L. E. L. expresses it, in somewhat the same strain asihat in which
Miss M. A. Ross and Mrs. Gordon, attired as Scotch Shakespeare speaks of a cheek,“ sieklied o'er with the assies, are the first in order, to whom we must allude. pale cast of thought") and light forms full of grace and Doctor Johnson said, that the only fine prospect which elegance, and sweet voices now abound every where. There was a time, when we eschewed society, and look to London ; but the Lexicographer would not have said
1 Scotchman ever sees is the high-road which takes him ed upon a Fancy Ball as nothing beter than a " vanity this, if he had seen such sweet' Highland lassies in Scotfair ;" but we honestly confess that we have been utterly land as we saw last night at the Town Hall. Towards unable to resist the fascinations of this season. cial propensities have been called into action to a degree in excellent style by the two Misses Ross, Dr. Stewart,
the latter part of the evening a highland reel was danced altogether unprecedented in a life, which has not been Mr. Edwards, &c.' The two gentlemen whom we have a very brief one. Who can remain at home when a mentioned, were dressed in a corresponding costume,
and a *, and a, and * , exercise their irresistible wiłchery in the mazes of the graceful Avenel, looked the lovely high-born damsel to perfection;
and admirably attired they were. Miss Erskine, as Mary dance ? Not
we !- when we look round upon the throng of graceful,
but we should have thought from her grace and elegance
undulating forms which fit about like young. Sylphides, ana," and not in the rustic neighbourhood of the Scottish
that she had spent all her days fn the " Court of Felici. the buoyance of our by-gone days, again invigorates our Monastery. The two Misses Gouby, in Polish cosframes and we fancy ourselves in reality young again, tumes, looked, as they ever do, very pretty aud fascinatever exclaiming in the words of a poet, whom we do noi very often cite as an authority,
ing. Mrs. Parker was splendidly attied as Anne of Austria, and Mr. Parker, in one of the finest dresses in
the room, supported the part of the Duke of Buckingham, There's not a joy the world can give
Miss Trower was a pretty little Swiss peasant. Mrs. Like that it takes away.
Pierce Taylor, and Miss Shaw were tastefully attired,
as we think, but we may be wrong, in the costumes of the Oh !indeed, when we look upon these fairy forms, we Tyrol, and Mr. Taylor looked as though he had just almost imagine that we have fallen into the hands of stepped out of one of Lewis's pictures. Mr. Bayley Medusa, who has cast us into her magic cauldron and was very correctly attired as the Master of Ravensmade us young again. We have been before the public wood; Mr. Henry Palmer as Sir Giles Overreach ; long enough to have been often cut up without the as. Mr. William Palmer as Rienzi, and Mr. Stocqueler
we - not
dress, assumed the character of Charles the Se: 1 The next is an Acrostic, and therefore it would be cond. Mr Kaye, as Sir Piercie Shafton, dressed needless to say to whom it is addressed. as Mysie Happer described him, (see Walter Scott's Monastery) talked Euphuism most vigorously; but his courtly pace was somewhat retarded by a very inappro.
M any an eye beams brightly here to night, priate limp; we suppose that this was occasioned by the
A nd many a face is sadiant with delight, duello with Halbert Glenuinning. Mr. Wm. Bracken
Roses and lilies here together vie, was admirably dressed in an Albanian costume and look.
Y outh every where throws round its witchery. ed the character exceedingly well; and Mr. Wyllie,
And yet there is not one, whom I can seeas an Austrian Officer, struck us as a capital perso
No, no, not one, with look more full of glee, nation. Mr. Cecil Trower was beautifully dress.
N or with a sweeter sinile ihan I can trace, ed in a Greek costume. Captain Colley, as Meg
E ngraven on thy fair and speaking face. Merrilies excited our admiration ; and a gentleman, whom he could not identify by reason of his huge pro.
R are is such kindliness, and rarer still boscis, looked Punchinello to perfection. Robinson
On the high summit of a lowering hill,
Such bounteous verdure, such sweet flowers to see Crusoe, companioned by a new Zealand chief, in the absence of his man Friday, were regarded with much
So plentiful is pride, so rare humility. attention and well sustained their characters. We observed Sir Callaghan O'Brallaghan amidst the assem. To Miss Erskine the following Acrostic was delibled multitude and a faxen headed Ploughboy, who vered ; we particularly admire the bathos at the end, whistled o'er the lea," looking his character to admiration. and if the poet's request was complied with, we are sure Besides this there were a variety of Turkish, Greek, that he was better paid for his bardship than any Swiss, and old English costumes, which we have no Poet Lauréate on record. space to particularize, but we must not forget to mention one character, which was the chef d'auvre of the night.
And are the:e scenes still fraught with heart-feltjoy! A very facetious gentleman, whose identity we were
M ethinks thou must be weary of them nowunable to decide upon, went about in the uniform of a
E ver the sweetest things are first to cloytwo-penny postman, with a large leather bag and dâk. Love, only love, excepted. On thy brow wallah's bell, distributing letters to the fair ladies
I mpressed, the characters of thought I trace assembled. We were able to exert our influence so suc.
And nobler yearnings speak from out thy face. cessfully, that we contrived to peruse a few of these epistles and, as far as our memory, which is fortunately E xcitement quickly palls - the sower here one of the best, will permit us, we now present our readers R eaps nothing but disgust and weariness, with a transcript of them. The following was recieved S aliery and pain. A higher sphere, by Miss Ross.
K ind and good Lady, waits thee- let thy soul,
In the gili chains of pleasures stern controul Scorn not our revels, Lady, for to-night
N o longer fettered, dare a loftier flight, Full many a genıle bosom with calm joy
Enter the Heaven of thought and Is beating, as the joyous music swells
Dance with me to-night. And the gay dance progresses. Scorn not us Because we are arrayed in antic garbs,
Miss Shakespeare's hallowed name seems to have And for a little while have cast aside
originated the following elegant but well deserved Our natural manners, striving to appear
“ Lovely as Shakespeare's women,"is a phrase Believe me, sometimes to unbend and cast
Like to become a proverb in these days ; The armour of our dignity aside
For not another pen like his can trace Wherein we walk so stately-oh!'tis good,
In such sweet tints the purity, the grace, Good for our hearts that we should sometimes fix
The tenderness, the power of woman's mind,Our thoughts on trifles which amuse the herd,
Woman, the good, the genile, the refined, And though we may be fit for loftier things
The unselfish sweetener of man's bitter life, Still sympathize with those gay souls who spend
Which else had been one long, long scene of strife Day after days in unoffending sports,
And wretchedness - and guilt ;-oh! none And feel no nobler yearnings; we can hold
doubt me, No commune with the multitude, nor give
As Otway says,“ We had been brutes without thee." Our kindly, social sympathies full scope
Thou art a true Shakespearian maid ; thy name For action, if we move not with the throng,
And nature 100, at once the fact proclaim. But hold ourselves apart and from afar
But which art thou most like of all the throng Contemplate, with a grave, observant eye,
Of sainted maidens canonized in song? Scenes, which we scorn to mix in-Thou art wise,
Juliet the young, the loving Tuscan maid, Aud higher things engross thee than the dance,
Or Perdita, a violet in the shade, The masque, the revel, and the mimic show,
Blooming almost unseen, or that sweet child But scorn not us poor Mountebanks, who strive
Of nature, young Miranda, in the wild Ourselves and others to amuse, deck'd out
And dreary island with her aged sire, In garbs of quaint device.-One wisest man
Or Beatrice with a wit like fire Full of philosophy has written thus :
Brilliant but scorching, or like sweet Anne Page ? “ The dignity of life is not impaired
Or Portia, with the strangest Heritage By aught that innocently satisfies
E'er Father left his child ? or her, who died, The humbler cravings of the heart; and he
A maniac maiden, and a suicide Is a still happier man who, for those heights
In youth's first spring, Ophelia ? or the kind, Of speculation not unfit, descends
Devoted child, who nursed her poor, old, blind And such beingn affections cultivates
And sorrow-stricken sire? Of these sweet creatures Amongst the inferior kinds"
Which dost thou most resemble in the features
Of thy fair face and thy pure virgin soul ?