OUTLINES OF INDIAN LEGAL HrBToayY tv send monthly reports ta this Departatent showing the num- ber of peisons arrested, charges laid against them and the persons sent ly then for trial to the Foidaty Courts, The Mofuesil Nizemat Courts were to transmit monthly reports showing the number af persons in actual confinement, ‘persons arrested, persons released, and the pevsana tried and the sentences awarded to them, Similar reports were to be transmitted by the Sadar Nizamat Adslat, which continued to ait nt Murshidabad, ‘The Head of this new Department at the capital was to bea cuvenanted sevant of the Company and was to be known asthe Remembrancer af Criminal Courts, He wor ta have charge of all the reports sent to him by the various Foudary Courts and the Magistrates. He wos ta analyse these reports, prepare extracts from them and arrange them in soine proper order. In this way, Warren Hastings sought to introduce system of contiol and supervision aver the administration of criminal justice in dhe country. In the very nature of things, the control, exercised by the Remembrancer on the country's criminal jucicature, was very imperfect and weak, The system was hardly comprehensive ne effeotive, The Remembrancer had to depend far informa- tion on. the reporis furnished to him by the Coyrts, The reports hardly revealed a true state of affairs. It was not difficult for the Mofussil Fozdari Courts to manipulate the reports 9a a5 to give a more favourable picture of the state of affaics prevailing therein. Nothing more, however, was done by Hastings in the Geld of criminal law and justice, Things continued to drift til Lard Camwalls scrapped the entice eystein completely ane! introduced in ils place 2 new scheme for the administration of criminal justice in, 1790. 142 ‘ ~ | tCHAPTER & JUDICIAL MEASURES OF LORD CORNWALLIS iNTROpUGTORY ‘The govetner generalsbip of Cornwallis constitutes a very remarkable ands highly constructive period in the history of the Indian Legal Institutions. ‘ Lord Comwellis reached India in 1786 and stayed ther8 far. till 1793. During his tenute of office as Governor General, thq ~~ judicial system inthe provinces of Bengal, Bihar and Qrissa _ way re-organiscd on 4 completely new hesis. He was the first 4 put into prectice the important principles of “Rule of Law" and-administration arcarding to law. - He intreduced changes in the judicial system in three instalments : firstly, in 1787; then in 1790; and Jastiy in 1793. ‘The Adalat System which he left behind in Bengal won praise and gpsomium from many quarters, and enjoyed sucha high place in the esteem of persons then et the helm of affsirs that it was adopted os the model on which the judicial systems in the provinces. of Madras and Bombay were subsequently or- ganised. a ‘THE SveTEM OF 1737 The Judicial Scheme of 1781, introduced during the governor generalship of Warren Hastings, envisaged division of two functions—revenue and judicial. Each af them was vested in a distinct set of fimcticnaries. In course of time, however, a feeling grew that ic maintain two distinct organisations, one for revenue administration and other for the administration of justice, wos a very costly proposition. Many highly placed officers of the Company thought that the amalgamation of the execution of two Functions would result in efficiency, simplicity and economy: in the cost of administration. ‘The scheme of 1787 was conceived with the set purpose of effecting economy in the administrative expendituce of Ben- gal, Bibar and Orissa. The Court of Directore of the East ® 143 a er A AE SEcs al ate Lf, OUTINES OF INBIAN LEGAL HISTORY. © India Company inettucted Lerd Comwallis to unite the revenue ‘and judicial orgamitations to effect economy in administrative 2. tosis, Lord Cocnwallis carried out these instructions faithfully and thus was born the Judicial Plan of 178%. ‘The keynote of thiy plan mas ecouniy. Certnin mesures to achieve efficiency: and purification in the administration were also adopted. These objects were sought to be achieved by ceducing the number of districts by enlarging the area of each and providing tot higher salaries for officers appointed to administer them. ecThe salient features of the Scheme of 1987 were t 4. The number of districts was reduced from 36 to 23. In each disteiet, 20 Englichman, a covenanted servant of the Company, was appointed as the Collector. 2. The Collector was to collect revenue. He wes also to decide all cases arising out of revende. & The Collector was to act as the Judge in the Mofus— sil Diwani Adalat ond thus administer justice in civil cases to the common man, - ‘The Collector was aise to act az the Magistrate in the district. In this capacity it was hig duty to arrest end apprehend criminals in the district and to send them tothe nearest Mofussil Mizamat Adalat for being ted. » In-ryit, Warren Hastings had conferred magisterial functions on the Judges of the Mofussil Diwani Adalats. Now ‘in 1787, these functions were transferred to the Collectors who became the Judges of the Diwani Adalats in the new dis- pensation. “ Tn 2781, the magistrates were empowered to arrest and apprehend criminals without having any authority to try thema-not evens those who were guilly of petty offences. All the urrested criminals were to be tried by the Mofussil Mizamat Adalats. The crimins] courts, therefore, were very much overworked. There was more work befare them then they could possibly discharge, Pereons accused of petty offeness had toawait their turn for being tried for long. ‘They thus ia< sh JUDICIAL MEASURES OF LORD CORNWALLIS endured more hardships than their offences in fact merited, which resulted in a cubstantial miscarriage of justice. To avoid this, Lord Cornwallis in 1787 authorised the Magistrates to hear and determine all eomplsints for petiy offences and te punish the same by corporal punishment, not exceeding fifteen ! strokes, or imprisonment not exceeding fifreen days. All exes which merited a greater punishment had to be sent by the Magistrates as usual to the Mofuesil Nizamat Adalats for trial Although the same person, the Collector, was to dis- charge multiple duticain several spheres, yet he was directed to keep hie various functions distinct from each olher as far as possible, The Collector was mut to blend hig various functions. He was to discharge each port of his duties in the capacity of Collector, Judge oy Magiatrate, separately according to the Departinent to which it belonged ‘Phe Regulation of 1787, therefore, laid down that the Collector should keep his revenue functions confined to the Revenue Court, to be known as the Mal Adalat. The Collector was to discharge his judicial functions in civil cases in the Court of Mofussi! Diwani Adalat. The Collector could not take cognisance of any matter relating to the common justice in civil cases in the Mal Adalat, Similarly, he was nat to deal with any moter relating to revenue in the Mofussil Diwani Adalat. fi. The Board of Revenue, located at Calcutta, was to hear and decide appeals from the decisions of the Callector in his Mal Adalat, A further appeal from the Board of Revenue hy to the Governor General in Council on the executive side. a Appeals from the Mofussil Diwani Adalat, in al cases whete the subject matier involved exceeded Rs. in value, lay to the Sadar Diwani Adalat. §) Decisions of the Sadar Diwani Adalat were to befinal except in cases, where subject matter valuing £3000 0 over ‘yas involved, In all such cases, 2 further appeal lay to the Ring MBrarstsod! } 20 ‘soup 1 295 por] ad dian [ Tosaypme 2429-07 08, Mp una od pared Prop aope 3 ap 205 at PRET 00q 6: Za fe se Buarpedh tp weds: i Ast ange tonuruoo F} Pg ota ao QUTENCES OF INDIAN LEGAL HISTORY jn Council, under the provisions of the Act of Settlement, a78e, «The Sadar Diwani Adalat was to consist of the Governor General and members of bis Council. They were to be assisted by the Chief Kazi, Chief Mufti and two Moulvies. ‘The function of the native Law Officers was to expound. the Muslim lew. In the same way there were Hindu Pandits to expound the provisions of the Hinds Law. 30. Asuboidinate officer, known ac the Register, was appointed to provide aid end assistance to the Collector in the discharge of ins judicial functions in the Mofussil Diwant Adalat. The Judge of the Divani Adalst was empowered to authorise the Register to heat and determine causes up to Rs. acol-, ‘The decisions of the Register, however, were not to be firal until the decrees wore countersigned by the Fudge, This process wes adopted ag a matter of caution to prevent any possible miscazziage of justioe. ‘The Collector in the district thus became a very powerful officer, he Eeing at once the Collector, the Judge and the Magis~ trate. All powers of control in the district passed through his hands, Due tolarge distances between Caloutta— the: seat of the Goverament—and the districts, the Collectors in practice were uncontrolled and uncontrollable. From a practical point of view, the result of the differen tiation and seperation that a Collector was enjoined to observe in the discharge of his various functions was this:. for all those functions which he performed as the Collector in the sphere of revenue in the Mal Adalat, he was to be subject to the Bourd of Revenue and the executive orders of the Governor General in Couneil but in the realm of his judicial functions discharged by bim in the Mofisssil Diwani Adalor; he was to be subject to the Sader Diwani Adalat and not to the executive orders of the Government. The Scheme of 1787 was a retrograde step, a swinging 1, See Page 116, also Chapter. XVI 148 te aJUDICIAL MEASURES OF LORD CORNWALLIS back of the pendulum, In 1781, a progressive step was taken in so far ax a separation between the judicial end the executive functions had been effected. ‘This was a remarkable achievement, which, however, wes annulled in 1787. REFORMS IN CRIMMCAL JUDICATURE : 790. The next instalment of judicial reforms from Lord Corn wallis came in the yeer 1799. This time the ameliorative measures were adopted in the sphere of criminal law and justice. The field of criminal law and justice had hitherto been ieft entirely tothe Muslim Law Officers. The shadow of the Nawab’s authority was still suffered to exist in this ephore, The Mofussil Fozdory Adelata, established ty Warren Hastings in 17a in the Gistricts, were staffed by the Kazis, Muttis and Moulvies. ‘The Court of Appeal from these Courts, known as the Sadar Nizamat Adalat, originally estsbliched at Caleutta in 1772, was shifted to Murshidabad in 1775, This Court used to revise proceedings of the Mofussil Fozdary Adalats, ond approved end disapproved of the sentences of death passed by thems. ‘The system of eriminal judieature wes under the sup- erintendence and control of Mohd. Reza Khan who presided over the Sadar Nizamat “Adalat in the capacity of being the Deputy of the Nawab. In 2782, Warren, Hastings had introduced a scheme of imperfect government yy Up ame poatordes Pi ot zoy na sues ay tose W djoqos 2 a OUTLINES OF INDIAN LEGAL HIETORY the country could not be tried by the Mofussil Foedary Ada- lets, They were to be tried by the Supreme Court of Judi- eature at Fort William. The Magistrates were, however, authorised to apprehend any European British subject, who might have rendered himself liable to criminal prosecution. After making an immediate inquiry into the cixcumstances of the charge, if the Magistrate was satisfied that there existed grounds far tral, he was to send auch European British subject to the Presidency for trial in the Supreme Cour ‘The edministration of criminal justice during ail these years had been at avery low ebb. The system in force was noturiously. defective, ‘The proceedings of the criminal courts, from the lowest to the highest, were very uneystemathe and dila~ tory. In every district, jails were overcrowded ; corruption was rampant in the courts. Murders, dacoities, and .other serious crimes were daily committed with impunity. There was a general feeling that lif and property were insecuse and inadequately protected. ‘The sentences passed by the Sadar Nizamat Adalat were Gnal and irrevocable, and were often not even notified to the Governer General, through the Remembrancer of the Crimi- nal Courts, watt they had been carried into execution,; and even then, such meagre information as the prisoner's name and nature of the charge, crime and punishment, alone were revtaled, Since the grotinds of the sentence were not divulged, the Governor General in Council had no means of checking and tevising the arbitrary and capricious proceedings of the Nizamat Adalet, 4 Many of the abuses prevailing in the system of criminal judicature erose directly as ¢ consequence of the jow and inadsquate sclaries paid to the officers engaged in the administya- tion of eviminal justice, The salaries were insufficient to support the dignity of their office, to enable them to maintain their families with ease and comfort, to keep them above temptation and cortuption and inculcate in them 4 high sense of charactes, duty, integuity and impastiality. Even the meagre salaries were a8.G oe JUDICIAL MEASURES OF .oRD coRNWALITS viet paid regularly. Theresult was thet persons having no edi” sation; traditions and character, persons ‘enqualified and incapeble', persons ‘choien fiom the dregs of “ihe People, 4}. ignorant, artful and unprincipled” came to be appointed =, criminal judges—an office of high’tmust and dignity. [t could” hardly be imagined that men of family and education would dedicate the whole of their time to so laborious and dis- agreeable an employment, a the sentencing of persons for crimes, for the mere pittance of salary which could net, pesi- tively, afford means of procuring to them more than a bare subsistence, unless some secret motive, same concealed view of advantage, come illegal perquisites, prompted them. to accept an office where the reward was disproportionate to the labour involved, ‘Another, cause of malpractices prevailing in the sphere ‘of criminal judicature was the insecurity of tenwe of the Judges, They could be dismissed at any time Being un~ certtin of the length of thelr service and ako of the moment when it would be terminated, these Judges of the criminal courts started collecting money by accepting. bribes, xo that they might be able to live comfortably, if and when they were deprived of their positions, The results of this coruption in the, criminal judicature of the country were very unfortunate, All sorts of vile crimes rampant in the country, Murders, ibberies and dacoities were committed in the broad-daylight with impunity. ‘The prevailing system was dubbed by Shore as a ‘meré sysiem of rapine and plunder’ As one Collector pointed out, ‘Nothing has perhaps move contributed to the continuance, if not increase, of dacoity, than the belief entertained by the inhabitants in general, probably on good grounds, of the corruption prevalent in the provincial Criminal Courts, which, if it exists, may be chiefly owing to the scantiness of the principal officer's salary; and nothing isof go mucl conse. quence as to remove such an opinion, for dacsits will certainly continue their depredations az long as they believe that with part of their plunder they can procure their exemption from 149°9.99 ca ou ip tase | poatoydal plow oy > Marais 1 Phozanmusaa FF ne Tap oujazue [38 aaa, v H OUTLINES OF INDIAN LEGAL HISTORY punishment, and no witnesses will ever eppeer against them when, frem the corruption of the Judge, they believe that heir evidence, instead of bringing the aflenders to punishment, will only expose themselves ta their resentment and to the risk of losing their lives or property.’ As the system worked, inino- cent persons were daily condemmed to suffer death, the mast cruel mutilation or perpetual imprisonment, whilst the most nis offenders often escaped with impunity. _Another objectionable feature of the judicial system “Wa6 the immensity of the power that was lodged in the Judge of the Mofussil Foadary Adalat in the district, In all cases which did not involve life or limb, the Judge eould at once, on his own authority, pronounce the final judgment, In capital cares the proceedings before the Mofussi! Nizamet Adalat sare forwarded to the Sadar Nizamat Adalat for. come firmation of the sentence. That procedure did not constitute any adequate or effective sofeguard against wrongful condem- ration. If the Judge had any ulterior motive in the case, he could always manufaeture the records which he sent to the Sadar Mizamat Adalat for final orders, From the time of their commitment by the Magistrate, prisoners remained in the custody of the Mofussil Fozdary Judge, who alone decided how long they chould remain in jails before being brought to trial, what witnesses should be summoned, on what points they should be examined, and in what manner their evidence should be secorded, Jn these circumstances the, power of, the Judge was practically unlimited. Owing to the long distances, the Seder Nizamat Adalat was not in a position to keep a close control over the working of the lower criminal courts, If the Judge so desired, he could pervert the ends of justice withaue any difficulty or fear of detection. The desision of the Sadar ‘Nizamat Adalat depended entirely on the report that the Judge of the Mofussil Adelat chose to submit, and he could, in consideration of a sizable bribe, manipulate the evidence in 4uch a manner that, when transmitted to the Sadar Nizamat Adalat it would appear to be sufficiently convincing as to procure the prisoner's sequittal or his conviction according as 150JUDICIAL MEASURES OF LoRD CORNWALLIS the Judge desired. For all practical purposes, therefore, the power of the Mofussil Judge was uncontrolled end unrestrained. s The time taken for disposal of cases by the Mofussil Courts was very often inordinately farge. Sometimes, indeed, the delay was due either to the accumalation of exses on the file, or to the difficulty of procuring the attendance of the witnesses. Frequently, however, it was the result of the negli- gence and venality of the Judge himself. The long interval of time that elapsed fequently between the commitment of a prisoner and the passing of the sentence against him was an evil great in magnitude, resulting from the constituting of the étithinel courts, {The Magistrate of Dacca adduced an instance of a prisoner in_ the Fozdary Jail at that place who had been confined for ten years under a charge of murder and upon whom na sentence had been pasred.s The Magistrate of Bardwan observed that the time consumed betiteen the commitment of the-piisoner and the arrival of the final sentence fiom the Sadar Nizamat Adalat wis very uncertain. He quoted instances ‘of its exceeding five years and added, ‘thar it may with truth ‘be asserted that crimes would be but too frequency committed with impunity did not the magistrate exert his infivence to bring the offenders to condign punishment, more particularly as the injured parties when they find they only add to the losses they have sustained by attending the slow process of designed delays in the investigation of the Nizamat Courts relinquish all further prosecution considering their hopes of redvess 09 desperate.” “‘Thedelay was attended with the most pernicious effects. Even if the prisoner was at length acquitted he, nevertheless, had suffered all the consequences of a long and painful imprison- ment. If he wes convicted and sentenced to euffer the punish- ment due to his crime, the delay defeated the object of his punishment which was to deter others from committing the same crime, For it has been justly observed that punishment should follow the erimne as early x possible so that the prospect 1 Cornwallis’ Minute. Bens Rev. Cons, 1390. IlJ 40 ‘sane B33 pall PE up oy [Pd maR3g +, ya ‘ota (BT yo0q fi Aion st ap me se Suped t podsar wang epioumues [Jo ssn OUTLINES OF INDIAN LEGAL HISTORY cof gratification or advantage which tempts a man to commit the ‘rites should awaken the attendant idea of punishment. ¢The scandal was mot confined to the Mofussil Courts aly, for the proceedings of the Nizamat Adalat were often as dilatory, The Magistrate at Dacca reported that there were siany prisoners whose trials in the local courts had long been completed, but, though, the proceedings had been transmitted to Murshidabed, the Nazim had not passed finel sentences. “Ibave been at this station neat two years," wrote the Chitra Magistrate, ‘in which time I have apprehended a greet number of murderers and robbers, but the Nawab has not to this day thought proper to make an example of any of them, though I have frequently addressed him-on the subject."* pln many cases the punishment awarded to the prisoner’ appeared to bear no relarion at all to the nature of the offence. “On the charicter of the Judge depended to a considerable extent the severity or lenity of punishments. They could be atrociously severe or ridiculousiy light. ‘The merits of the case ‘were very often but lite considered in the determination of a sentence, Murder was the one crime which was less frequent- ly punished than any other crime. This wes due to the weak- ness of the Muslim Low of Crimes, One Magistrate gave it as his opinion that not one man in five hundred who deserved death penalty was executed. 1 By r7ge, Lord Cornwallis was convinced that the pre- vailing system fav the administration of criminal justice was Sventively useless, futile and roiter ta the-eore, In his opinion there was ne civilised countey in, the world where the system cf criminal judicature was in 20 defective a state a6 it wag in Bengal, Biker and Orissa. He knew that the regulation of justice in criminal cases constituted one of the most in requisites of good government. He wad, therefore, anxious to introdice auch ameliorative measures as were necessary for giving the greatest possible efficacy and regularity to the crinsi« nal jurisdiction throughout the provinces. tant 2. Corvallis’ Minute, Ben. Rev. Cons, 1990. 12JUDICIAL MEASURES OF LORD CORNWALLIS ‘He realised that the prusperity and welfare of the coun- ‘try, as well as the maintenance of law and order, depended en a sound administration of criminal justice, In the absence of efficiency and regulatity in the criminal courts and their pro- ceedings, it was impossible to provide any security for life and property: ‘The evils complained of proceeded from tito obvious sources: firetly, the gross defects of the Mohammedan Law of Crimes! ; secondly, defects in the constitution of the courts established for trial of affenders, = There were several portions of the Muslim Lew of Crimes which, according tp Cornwallis, were mast evidently contrary to natural justice and the good of sockety. Some modifications in this field appeared to him indispensably necessary, and he eattied them out in 2796 The second question, namely the defects in the constitu- tion of the criminal courts, had been engaging the attention of ~ Cornwallis for some time. In 1789, wtiting to Dundas, Cornwallis expressed himself thus: ‘The administration of criminal justice is oppressive, unjust and beyond measure corrupt, and I see ao remedy but by appointing three or Tour judges for Bengal and Bihar from the Company's senior servants, wha should go on the cixcuit twice a year and superintend the trials, and be particularly careful that the sentences should be executed on those who ace found guilty, and that the innocent should be released, Although this will be attended with a considerable addition of expense, yet, whilst we call ourselves sovereigns of the country, we cétinot leave the lives, berty and property of our subjects unprotected.”* With a view, therefe that the trials of offenders might be conducted with expedition and impartiality, and that the Supreme Goverament might be enabled to closely superintend the general system, Cornwallis formulated a new scheme which 1. See Che XVI. 2. Melville Papers. 153PORHNE OF Tvl cecet wean, Te edb Be ever Sense a Crone 4 trp "Tht Gili wiocted & Frocusseredaparers frist tha Pa Zhe vominal and suckrey ssvevnieiy cf the Mimek, Byjhae! bho beped ta, eu caleper whe waned teberited ahd walkers say with. To arene pried Sot Ripettl Shaiatuter ct scleral jae aaa te oteg senaney Al ted probecty, Cernitia ertused fr thy flo “The Creal eth ilerntty ap oli TORLMAMY of he perme Sectiog ada: Civ fothatane Bel bern itzee sear, 4 rem sorcery ep The bet scharse t sctranisier sileseal perce ty tha we cade ele by he Sirenct Grtaead ie Creal oom pd Berean, gps, A, Thectreeat epsrims stn fallen a Gefane vitalew tn thee Ceri Het the Setar Tivael Alaes mfp comnit ef te Geroer ese al moebory i ke Geena an Fp The daciniren fa she it iid! bo Be tated PIS Ase Mid ncatlec ti ig. iat Les Sot br ht Repu: of the reees. Gener GeneJRL Orta On Lote cao Tha priteddne ne bar laced Ber thar ager aval Adank. wan fecha: Atria refered ta thee dub: for Von Beall checindies bye tthe doer. comin (whbeh ese te oe Dipiewsy ae Thet Coote, Sete) wins de the Beet eve Pevdasend: by ‘ies Che! Raad “aed the Mefda. - Alert Conekirwtion, shar tvmme ooutune mebptber the fanos or moruance page in By see Brac sahy ae Oebsea of a cael iat Ain Ginwtalend with the evidlotrd fall shimbocemeble be the Bate ‘The nities of teen reverend berate Shi Kad wed Minin, sere pled befor che MOuwar fui, “The Chart qumtaaing ofthe Governor Gaoere’ ands Counc, stew deatakdenitia cf al the rebeyect maimed een to. pam aba brat neki Wise Badr Sirsa dade) swe 90 oteoct oat pcr i: evar week Al rmpatar abies ofl tm. especdbeggy: ran ie: bar raticrieiben: (ihe ete: Neerar adabd cemedored 9 pardoculer proecer ta be the proper obj of peoey. if oghd reeerenerdl Hb cass bor hay Clarversate tineerpel a Ceurepd) mith the niece mmerdarise, Car be So undone a: char tik aieagece be exe pine: Tha reergandaarice cf the Sadar Maaurar Adair ecrald (sper beea of Heri veer bed [be beer coor oferimna Jor todo been feftde-Iher- fem, old chests was Lond fom pills apprevshted ‘Vie feet Fully taal et be selorrind Shae fewar cour was “Tha Rorraar | Fendiny Cones papitled! ove fythe Mica Law (Mire eare stotished. acd cae courth, hewn on the Geerit ef Crea, sorce establinhesd ie thet: pisce. “Phe three Weretzcer of Bergh Bitar asd Orisa wae etided toto ter Divirions, 49.0 S¢ looreet eather [Piviecan oc? Ditoom, Muntitated. Duomo Fora. Bach af thie Div Soba ws Ma foecepeie oT a Tie dnl bod. Back: 28 ee vor Divieieor wen te berer at Ceart ef Cia Wibi, Bede asl determi a diana leo, A Coes edPETLIMIN CP DDCU Lae) EECA Girred way ie commie of ea aera) ght eevee of chy Radegerey ot Babgen, Thay ate iy ber aasened by chet aad apd ‘Mala eh tee be menicaned by [a Geveter Cacent Gr Geancl Tek Law Odense giv a acucty vol botrerc.. the oc of which hey hed cot creed forfiers Th © fete betiadorars ober hey acta aed LCi opel me ae deere Vm tharpt peimaucape by orden oD Lbs Govan Geemarc Slowed, 09 poof ao, blawathcacsions of chair kanang bow Lncipoble op Baring bem pulp of muaccodat Titi wenh oo Reise Lica Marea anual ts, begin sogthon te klirchasd oo Dorobee Ech: leu wan on-g0 epwstort ithe Drekien The eer af Cicada sigcietey beat. mping, a vemalceng Ceres” Thr ret od incuba ne precvad tai che pikes od mmekdescw ef diy Mingle rinviithe sand difrien. webin tbe Blokion Fewas 1s eremiey ab neck whatior ol ail ypetions,. eomemecl or taid ao (bail weal fey Peg lage of thatateioe, bed bees tried deel urtteatendl Acie! baninig Gadaleed Ws wel in co. bakit. tha Lowe Bac puted La anities indi ley thee Divan da Ganowey, the! Goart eamoc precood ocd dani bo ditrict fr fhe Dimiaice eee cir cere aed rp thr pemcomn wmuiing ae via “The Cheorte of Clore fo the Dteindoce of Maodiidabad,. Daeg taal Para alias areas oetepletint tial: piste wend te Ka thiiidetataat blaniidbied, Thasa and Pura repec- abedy und chow prcind zeal peace Qurnedeed oe bet se badtfoe teat Gyrehar Mgiaeranes of thew sie. Ths Couto Cinta war tis parma’ tbe following prac dear -abieuping tet comeal casey “Tit huge aguar ube priccod, be ineeyies, Cebich mietibe reertend veh cimeupertion wl candies, Bit reine Os fener of the peeeation Eb pind bot gules, ope thar whads Oat perianal bere oy pckdhaor, Inchucing. he dafeney, wire a2 beer adel goer: thesogh ia bis promise fel Ma hk of Ube Kast eed Meh of ibe Cour: the Rast and Peet wpe than ue weie ic he Pettsen ef the srrontict “burSRINCLAL MENU BOO OTL (pence Hel ak Ube a, sth ade oes Lak wae app Daceby be Nhe cingermeciocad if Sit cod, abd co anset ah manta h We erah sd samutaer. The fasdigea of dies Sveti lnevlr swere thon: perenne Tee fice ey amemnaive, Lit apzcared eich Sewn thar et foes wu conintemn with rancid jana, und ako whh oe dew te Cece wu to approfecd Dae fic sod pom med sccoodingh. hia wal noche ysemouned Joy tha Mtagitree, “The proonadingy end estcrdr od dil choot one. whew tha, eirecon of Govh or petted Smaptecmnert eee tr be inilinted. cor wehese the [edger of the Goon) dkasegeternd of th famed pipet ber te euinee: Lael On, are be repo ba tie Name Atle tick wa oe eure che Fir) meciersce, Eh the Somerton et her ded og he oral patio Laer merre the digitonin tbe dbtincts That hid enpoetaat Tamed ti ciate goa Tha rane bch ha, Cee a Cina Lied Aire Shede which abe Misuuecim pleced bolo the the seul. Phe weccen of che tow eters, therefore, depended oo Se clciecy with which the Migghicare dlietvergrd vice Farner. Werp althesdie piriihiee mer mrad ty tepdake She: working of che Migiee. Tin Coline fe a es ae meacrarde: Magione He, on reotiving charge ef Sle cfor, ~eeertipancth The dete of che Migieree ne decked te Sai pprehead tiandiirns, atbbess Caen, deverbnedien wed aes fale The eeies™, The Beagle een to ssbigat the bret feeardary ja thy dihinpe of Hie fene- toe, leon-# weoplibe ia srking taning born pactirced ot he Mogatiule agiieel awy pevmie Fw evict, relies, and coher, boceaths oa paca, a Lag We ae Uh pa a= Painting keg corks rhe trad of gGek compli, to tems seri] weiter hiv pease digpaiire’ fie Wb apgeghreimn cf BeOUTLINES OF INDIAN LEGAL HISTORY the person complained of, The nature of the charge laid against the person was to be specified in the warrant. Upon the pelsoner being brought before the Megistrate, he was to enquire into the clroumstances of the crime alleged against him, This examination of the accused was to be with- out cath and was to be taken down in writing, The Megis- trate was also ‘0 examine the complainant and other persons who were stated to have knowledge of the crime with which the person was charged. AUl these depositions before the ‘Magistrate were to be committed into writing. Hfafter all this inquiry, it manifestly appeared to the ‘Magistrate, that the crime alleged was never committed, or that the suspicion against the prisoner wes wholly unfounded, be was to discharge the suspect forthwith, If the offence committed. turned out to be only petty, the Magistrate himself could deal with it and award punish- ment without any reference t@ the Court of Circuit. The Magistrate was invested with power to hear and determine all complaints for petty offences euch as abusive language, or calumny, inconsiderable assaults or affrays, and to punish the game, when proved, by corporal punishment, not exceeding 1g tattans, oF imprisonment, nat exceeding the term of 15 days. If it appeared to the Magistrate that the crime committed by the susject was more Stricus and that there were grounds for suspecting the prisoner to have been guilty thereof, he was to cause the prisoner to be committed to prison, or held to bail, according to the nature of the crime charged against him, ta take his triai at the next siting of the Court of Circuit, The Magistrate was to bind aver the complainant and the witnesses to appear and carry on the prosecution. Persons suspected of having committed murder, robbery, theft and house breaking were not to be admitted to bail. ‘The Magistrate, on receiving notice of the time when the Judges of the Court of Circuit were expected to arrive at ‘the station, was to give public notice in his district requixing ssJUDICIAL MEASURES OF LORD CORNWALLIS all persons discharged on bail, and all prosecutors and witnesses to appear and to attend by the date fixed for the arrival of the Court of Circuit. On the arrival of the Judges of Circuit, the Magistrate was to deliver them a calender of all persons committed to prison, or held to bail for trial, with copies of the charge preferred against them, the depositions of the witnesses, to- gether with all other proceedings held by him previously. ‘He wes also to Jay before the Judges of Circuit, separate lists of all persons apprehended but discharged for want of euffi- cient evidence, with their original proceedings in all cases. ‘The Magistrate was to make monthly reports to the! Side Nicamat Adalat specifying the persons apprebended, | their names, dates of apprehension, and the orders passed , thereon. * All persons, Europeans as well ar Natives, not: being British subjects, were amenable to the authority of the Magistrate and the Courts of Circuit. The European British subjects were amenable to the Supreme Court for their crimes and not to the Magistrates and Courts of Circuit. To obviate the ill conseqwences which might resule from the exemption in favour af the European British. enbjects remotely: situated from Calcutta, the Magistrates were required to. qualify themselves by oath, taken before one of the Judges of the Supreme Court of Judicature to act a3 Justices of the Peace? Cornwallis: suggested payment of liberal salaries ta the | various Judges and Officers engaged in the administeation of | Following rules were enacted for the apprehension and conveyance to (Gales ul dhe Eetopnn Brith bleach sede theoelvn Table 1 crirainal prosesution inthe “Sugceme Courts “The. Magi tae on the infiramtion fodged om Gilby wil to. aporshedd ‘euch British subject, and after making witheut delay, suck ws inquiry inna thie bela getaace fo a Ja ec iro death a these ide fer tele Te wit ately fo dispatch auc Heserct ey okt coerrviy pe they Promeemmny theme ts he detcered es Sect ha latge of ts Siicere Coe, Or sae seca, complsingnt ‘vith hin vitnemes must eho give soggrty to repair te the ‘on of before the beqinning of the tial. to protecute the cused Yn cae these parses, due co tht poser, were ts be une ablete defray the ‘Sanger of the puny, the Magsteats ses eo report thessane to che 169OUTLINES OF INDIAN LEGAL HISTORY the person complained of, The nature of the charge laid against the person was to be specified in the warrant, Upon the prisoner being brought befure the Magistrate, he wos to enquire into the ciecumstances of the crime alleged aginst him. ‘This warnination of the accused was to be with. out oath and was to be taken down. in writing. The Magis- trate was also to examine the complainant and other persons who were stated to have knowledge of the crime with which the person wes charged. All these depositions before the Magistzate were to he committed into writing. Tfaftee all this inquiry, it manifestly appeared to the Magistsate, that the crime alleged was never committed, or that the suspicion against the prisoner was wholly unfounded, he was to discharge the suspect forthwith. Ji the offence committed turned out to be only petty, the Magistrate himself could deal with it and award punish- ment without any. reference to the Court of Circuit. The Magistrate was invested with power to hear and determine all complaints for petty offences euch as abusive language, or calumny, inconsiderable assaults or affrays, and to punish the same, when proved, by corgoral punishment, iat exceeding 5 Tollans, or imprisonment, not exceeding the term of 15 days. ‘Tit appeared to the Magistrate that the crime committed by the suspect was more serious and that there were grounds for suspecting the prisoner to have been guilty thereof, be ‘was to cause the prisoner to be committed to prison, or held _ te bell, according to the nature of the crime charged against w him, to take his trial at the next sitting of the Court of Circuit, The Magistrate was to bind over the complainant and the witnesses to appear and carry on the prosecution. Persons suspected of having committed murder, robbery, theft and house breaking were aot to be admitted to bail. ‘The Magisteate, on receiving notice of the time when the Judges of the Court of Circuit were expected to arrive at the station, was to give public notice in his district requiring 158JUDICIAL MEASURES OF LORD CORNWALLIS all persone discharged on bail, and all prosecutors and witnesses to appear and to attend by the date fixed for the artival of the Court of Circuit, ‘On the arrival of the Judges of Cirevit, the Magistrate was to deliver them a calendar of all persons committed to prison, or held té bail for trial, with copies of the charge preferred against them, the depositions of the witnesses, to- gether with all other proceedings held by him. previously. He war also to lay before the Judges of Citeuit, separate liste ‘of all persons apprehended but discharged for want of euffi- cient evidence, with their original proceedings in all cases. ‘The Magistrate was to make monthly reparta to the! Sadar Nizamat Adalat specifying the persons apprehended, | theie nates, datee of apprehension, and the orders passed , thereon. All persons, Europeans as wells Natives, not being British subjects, were amenable to the authority of the Magisteate and the Courts of Circuit, The European British subjects were amenable to the Supreme Court for their crimes and not to the Magistrates and Courts of Circuit. To oblate the il consequences which might result from the exemption in favour of the European British subjects’ remotely situated from Calcutta, the Magistrates were required to qualify themselves by oath, taken before one of the Judges of the ‘Supreme Court of Judicature to act as Justices of the Peace." Cornwallis suggested payment of liberal salaries to the ] various Judges and Officers engaged in the administration of | Following rules were enacted ft the apprehension and conveyance to Galea ofthe Esromean Betis fbtt, “who rece theratuss Table to criminal prosecattion Court: The Magi fate on the snlormution lodged on, cal, vat te aporebend ‘Sick Eric subject and afte mapas whi delay ch sa inguin ae ‘the cireumptances ee satisfy kis oom mind of there being frou ‘for tris, he was itamedistely 00 dispatch auch Person in tule custody 40 the Prasicency, there (0 be delivered ever to one of the Ju PY the Supreme Court. On this. corre the Complainant with hig wienesias must also give security to tepair to the “ oa a belne he gg of he the tial, to peosseute the Mi aatay Be chaps a her iarneys tke Mapas wat 1 gees the charge of their Journey, iets tO report thesaine tothe Goveranen 158