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tend to simplify legal proceedings , and will produce a material improvement in the lower grades of the magistracy . In matters of detail there is much to praise , and also something to reprehend . In the former category must be classed the abolition of the stamp duty , which has long been regarded as a vexatious grievance . The sum demanded for each paper , or official statement —namely , one shilling , may appear a mere trifle to the guinea-dispensing Briton ; but to
example . « In taking an oath , " he says " they are afraid of two things—the anger of Go » and the odium of men . Only three daya ago I required a power of attorney from a lady of rank to enable me to act for her in a case pending before the court in this town . It was given to me fcy her brother : and two witnesses came to declare that she had given it . « Now * said I , ' this lady is known to live under the curtain , and you will be asked by the judge whether you saw her give this paper : what will 1
you say ? ' They both replied , < If the judge asks us the question without an oath , we will say , yes : it will save much trouble , and we know that she did give the paper , though we did not really see her give it ; but if he puts the Koran into our hands , we must say , no : for we should otherwise be pointed at by all the town as perjured wretches ; our enemies would soon tell everybody that we had taken a false oath . ' Now , the form of an oath is a great check upon this sort of persons . "
There is another point on which it is desirable that more light should be thrown . The pleadings before the High Court will be conducted , as at present , before the Supreme Court , in the English language . There is no alternative , unless ; all the judges be required to kno w some of the native languages . But there is no apparent ob jection to such a requisition , except that it would confine the selection of judges to the members of the Indian bar ; and thus
diminish the value of the patronage of the Crown . As far as the administration , of strict justice is concerned ,- there would ; be great gain in rendering it indispensable to the obtaining a seat on the Bench that the future judg-e should be well acquainted with the manners , customs , and idiomatic expressions of the people in whose disputes he will be called upon to adjudicate . And the prospect of this high prize would , undoubtedly , raise the character of the local bar , and stimulate its members to increased
exertions . As an instance of the absurdities which arise from the judge ' s ignorance of the native tongue , an amusing dialogue may "be quoted that once took place in the Supreme Court-Interpreter— « Prisoner at the "bar , how will yon be tried ?" Prisoner * — " Ap ma bap . " Judge— " What does he say ?" Interpreter— " My Lord : lie says he will be tried by € hd and his country "
Now , the literal signification of Ap ma bap is , You are my mother and father 1 " and simply means "just as you please , " " I leave myself in your hands : ' * it is a common answer with people too stupid or indifferent to express any particular wish . Perhaps one oi the most important suggestions made by her Majesty's Commissioners is that which establishes one law for natives and Europeans . Hitherto , if a European committed
a crime on the extreme frontier of the empire , the witnesses and himself had to be conveyed at a great ex pense to Calcutta , to appear before the Supreme Court . Tho natural consequence was that many offences were overlooked rather than incur the fatigue and costs of a long and tedious journey , together with ' the loss of much valuable time . And even when a prosecution was undertaken irora a sense of justice or other motive , it was difficult to say who was the greater sufferer , the victor or the vanquished .
in India , is fully equal to five times that sum to an Englishman living in England : so that , in Lp&int of fact ^ the above table of figures represents a series of salaries ranging from £ 120 to £ 7 , 800 a-year . There is yefc another very serious objection to the proposed scheme of reform . It is
recommended that the Judges of the High Court shall hold their offices during the pleasure of the Crown— -or , in law phraseology , durante bene placito—and not qug , m diu bene gesseris , as long as they shall fairly and honestly discharge their official duties . And it is added that the Governor-General in Council shall
be competent to direct the suspension of any Judge of the High Court until the pleasure of * the Crown be known . If his lordship have power to suspend one , he must have power to suspend all- —a most dangerous prerogative , even tfioiigh it may ; never be acted upon , for it makes the Judges ^ entireiy dependent on the caprice of the Goj ^ npr-Generai fox the time Being .,- .... .. . ' , ,..., '' „ . '¦¦ ' . . ¦ .. ... .
The High Court * presided prer by the Cnief Justice , snail 1 > e an Appellate Oourfc in the las £ resort , its decisions being subjectonljr to an appeal to her Jfejesty in Privy OpttncilV It may ; ; j 5 e also ^ &iyided Into > courts q £ original jurisdiction , presided over % one or' ' more Judges ; selected by the Chief Justice ^ biit frdiii these Courts an appeal shall always
lie , m cases of oivil juxisdictionj to the Appellate Cdtirt in which the same Judges sit and / have a voice , thbugn in criminal cases f > fitereshall be no' apjpeal : questions relating to gyppefty ; , being considered ; of greater importance than questions relating merely to life . A point of law > Jbowever . may he reserved for tlie ppiiiibn of ; the High Court : the due mainteiia . n < 5 e of the technicalities of the law
twiiig of greater moment than simple facts and arguments which can affect only the truth of " the case . ytTnd ^ r the present system the Highest Civil Oourt is , called , the Sudder Dewanny , under ¦ wnich , in the Bengal Presidency , there are fijur- grades of ^ rtsv The Moonsiff adjudicatesr'indisputes ; wh ^ n ijhe value of the property . ' does not exceed 3 do rupees . The Sudder Ameeri ' s jurisdiction extends to cases
where property to the value of 1 , 000 rupees h in dispute . The Principal Sudder Ameen has original jurisdiction in disputes above 1 , 000 rupees . And the Ziliah , or District Judge , Has power to withdraw any case from the files <) f the subordinate CJourfca and to try it himselrV 'The Zill&ji Judge also receives appeals from the decisions of the Moonsiff and tBe , Sudder Ameen , and from the Principal- Sudder Ameen when the value of the dispute is not
more than 5 , 000 rupees —beyond that sum tbe appeal lies to the Sudder Dewanny Adawlut . The Commissioners propose that these four grades shall be , replaced by . three ; the Moonsaff - —having original jurisdiction up to rs . 2 , 500 ; the Principal' Sudder , Ameen — taking in hand , in the first instance , all cases above that sum ; and the Zillah Judge with much the sipne powers as ptt present . Wjith regard to criminal jurisdiction , it is proposed that there shall be Courts of Session , wjtft fiiil , powers , save as to pronouncing sentence of , death , whioh is reserved for the High Court ; Courts , of the , Magistrates , —empowered to pass sentence of imprisonment for ftny term not exceeding two years , and to impose a fine of l , p 00 rupees and under ; and Subpjttinate Criminal Courts , divided into two classes , with inferior jurisdiction to the precede . Acco $ t ( hg to the system whioh now prevails , there ^ re four , 0 ourts : the * Sudder Wizai ^ ut , Adawlut , the * . Session Conrfr , the Mgwtrate , ana < various assistants . The new SraattgeBftfcaty 4 fi teamed auty will' undDubi&fty
the poor native it acts as a serious obstacle in the pursuit of justice . We also hail with satisfaction the proposal to appoint public prosecutors , as likely to prevent unfounded prosecutions as well as collusion with the accused , and to secure regularity and uniformity in the mode of conducting criminal trials . And peculiarly gratifying it is to observe some progress in the minds of the Commissioners with regard to the atrocious vindictiveness displayed in the imprisonment of poor debtors .
They have not , indeed , the moral courage to recommend the 1 entire abolition of this legalised form of reyengej but they limit the period to two years ; durin g which the creditor is bound to pay a monthly allowance for the prisoner ' s subsistence ; the omission to dp so within the space of twenty-four hours after it has become due , entitling the prisoner to immediate release . TAe surrender of the whole of his property likewise secures the liberty of the debtorany fraud or concealment subjecting him to a criminal action at the hands of the public
prosecutor . Nor is it less Worthy of commendation that the police are forbidden to offer any inducement , by threat or promise or otherwise , to- induce any suspected person to make a disclosure . Confessions before the police are not to be reduced to writing , or held of any account , except so far as they may convey information :. calculated-. to' discover the actual delinquents . But we are not prepared to view with equal favour the proposed abolition of oaths , and other kinds of affirmation in the examination of witnesses . In former times it
was customary to swear Hindoos upon the Ganges water , and Mohammedans on the Koran > but in 184 = 0 it was enacted that the members of both these religious professions should make an affirmation to the following effect : I solemnly affirm in the presence of Almighty Goi > that what I state shall : be the truth , the whole truth , and nothing but the truth . " This enactment has undoubtedly proved a failure : but , rather than abolish every form of adjuration , it would be assuredly desirable to resort to the original usage . That the natives are not remarkable for their love of truth is a proverbial fact . They will commit perjury , in the most wholesale manner , and with something like conscientiousness . Some years ago a wealthy landowner was accused of deliberately shooting a neighbour during a village affray . He pleaded an alibi , and brought upwards of forty witnesses to prove that at that time he was twenty miles away . On tho other aide / more than twenty persons positively swore that they had seen him with their own eyes take aim at , and kill the murdered rom Both parties- were guilty of wilful perjury . It
was well -known , to judge , jury , witnesses , and all , . that [ the- accused neither fired the gun nor was twenty miles off , but actually in the village and in his own house , whence he probably encouraged and direoted hie party . In this case- the oath was a dead letter ; but we have the evidenoe of a most intelligent Mohammedan gentleman and law offioer , mentioned in Col . SfcBKMAN ' s Rambles and Recollections of an Indian Official , that by far the larger portion of 1 the native community are restrained by an oath when they wouldnot otherwise hesitate to tell a falsehood ; and he adduces a striking
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The Nuw Hagknet Propiuustobs' Souhme . —A general adjourned meeting of tho London haolcnoy carriage proprietors waa hold on Wednesday evoning at the Cotwh and Horses , Maraham-street , Westminster , for tlie purpose of considering tlioexpcdionoy of atarting tho oal > B as otto-homo metropolitan stftgo carriages , aa a naeana of supplying tho increased aaoommoctation in transit -which the requiromentu of the public demand . Resolutions in accordance with those ; views we » e unanimously carried , and it was roaolvod , to inotituto a " London Ommibua ABaooifttion . "
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Citation
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Leader (1850-1860), April 19, 1856, page 374, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2137/page/14/
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