OUTLINES OF IADIAN LEGAL HisToRY suis of amall omount, the Native Commissioners to whom they referable, ‘may be indefinitely increased in number, at no. expense to the state.’ Burt it further said, ‘An augmentation of the number of European Judges, adequate to the purpose required, would be attended with an augmentation of charge, which the state of the finances is not calculated to bear..." Te was an extraordinary pronouncement, The plea of inade- Quate finances wes again being used to defer the essential and elementary reforms ia the judicial’ machinery of the country, ‘Well did Mill observe, ‘Never since man had the use of langu. age, wis athore tervible condemnation on any government pronounced, Of all the duties of the government, that af maintaining justice among the people is the foremost, This is, in fact, the end for which jt exixty. Here is said to be ‘government which raises upon the people a revenue ao’ vast that by avawed intention it is all that they can bear; that is, oppressive to the highest pitch which oppression can reach without desolating the country; till not a au to hive judges for the distribution of justice, What is made of allthis money? To what preferable purpose is it applied ? High matter, in large quantity, would be contained in 2 proper enswer ta these questions. It ie not necessary to go fat to seek answers to these questions. ‘The money was weung from the unfortunate pea- ple of India, and either squandered away, or sent to England to increase the profits of the Court ef Directors In rg, however, Lord Hastings gave shape to the sug- gestions of the Select Committee in its fifth report to increase the number of Munsiffs end Sadar Amzens. Regulation XXHI of 1814 was passed for this purpose, ‘The preamble set fo! the following purposés to fulfil which the Regulation in question was pessed = (i) From time to time rules had been enacted in the past for constituting the office of Munsiffs and Sadar Ameens for the trial and decision of causes of a certain amount or value, and these rules appeared in some instances lo requize sevision; 240PROGRESS OF THE ADALAT SYSTEM, WELLESLEY —AMEERST (ii) Te was expedient with the view of expediting the trial and decision of civil suits, to extend the jurisd of the Munsifis and Sedar Ameenss fii) Ta the interest of public convenience it was thought requisite to transfer to the Provincial’ Courts of ‘Appeal the control heretofore exercised by the Sadar Diwani Adalat in the appointment and zemovel of Munsiffs end Sadar Ameens ; and (iv) Te was expedient to consolidate and reduce intoone Regulation all the provisions which would be eppli- cable to the office of Munsifis and Sadar Ameens. The Regulation XMIIL of 1814 made, inter alia, the following provisions ; to The Toca juriediction of the Munsiffs was ta be eo arvenged as to correspond exactly with, those of the thanas or Jocal police jurisdictions; in this way the. namber of Munsiffs was increased. 2. The recommendations for the appointment. of parti culer individuals as Munsiffs were to be mode by the Diwani Judges for the approval and sanction of the Provincial Courts of Appeal. 4. In nominating the individuals for the office of Muneifis, the Dinani Judges were not tobe restricted to any particular lasses or descriptions of persons. 4. Whenever the Diwani Judge saw cause for the 76 movel ofa Munsiffon the gcound of any misconduct, neglect of duty, ineapacily -or ‘other disqualification, the Judge was to report the circumstances of the case with his opinion on the gubject to the Provincial Court of Appeal; who might pass such orders on the report a6 might appear to it to be proper. g. The Munsiffs were empowered to receive; try and determine all suite for money or personal propecty, against any native inhabitant to che tune of Re, 64. In-this way, the jutis- diction of the Munsifis was slightly enlarged. Previously they gould devide suits up to Rs. go only. Bal E t i [Sncbieseae QUTLINES OF INDIAN LEGAL HISTORY 6. The Munsifis were not themselves. to emforor their decrees. ‘The authority in this behalf was conferred on the Diwani Judge. z ‘The decisions of the Munsiff were not to be final. Appeals from them lay ta the Diwani Judge. The decisions of the Muntifis were not, however, to be set aside for ‘want of form oc for ircegularity in theie peoseedings’, bat only on wher &._ The Regulation for the Munsifis to follo esctibed detailed rules of procedure ir Courts. 9) The Munsifis were not to be regular salaried qfficers of the Government. Instead, they were to be reimbursed on a commission basis for the auits actually disposed of by them. to. Sadar Ameons were to be appointed in the aillas and cities for the trial and disposal of civil suits. The aum- ber of Sadar Ameens to be employed in exch aille or elty was _ Rot fixed. The Provincial Courts of Appeal could at all vimes exercise their discretion in incteasing or decreasing their num- ber after considering the state of civil business and other local cirewmat Mees 11 Selection of individuals for the office of Sadar Amecis ‘was to be made by the Diwani Judge to be approved by th he Prowineial Court of Appesl. For this selection, the choice of the Judge was not restricted to perdons of any particular ‘clans. + or religion, However, the aelection was ta be made very care: fully eo that only those persone who were best qualified for the trust came to be appointed. 12. The jurisdiction of the Sadar Amoens was raised, Previously they could hear and determine suits up to the value ofRs, tec, After 1824, the Diwani Judge was authorised wy refer ta the Sadar Ameens for tial and decision any original Suits for money or other personal property, act exceeding 150 rupees in amount or value, 1p No suit was to be referred to the Sadar Ameens in 242PROGRESS OF THE ADALAT SYSTEM, WELLESLEY —AMHERST which a Britich European cubject, or a Europeon foreigner, or an American might happen to be involved, 14. Appeals from the decisions of the Sadar Ameen were to lie to the Diwani Judge, Regulation XXIV of 1814 effected certain other modifi- cations in the constitution and jurisdiction of the Courts, 1. The office of the Assistant Judge, which had keen created asa temporary measure by Lord Wellesley) ran abolished. 2. ‘The Diwani Judge could ty exses only upto Re. sooo. All cases beyond that limit were to be triedby the Provincial Court of Appeal ss ‘Court of first instance. ‘This dhunge had already been eflected as early as 1808. 3. Appeals from the Diwani Adalat lay t0 the Provincial Court of Appeal. In cases, tried originally by the Provincial Court, appeals lay to the Sadar Diwani Adalat. Appeals fram ‘the Registrars were to lie to the Diwani Adalat. In this way, there war to be only one appeal in every case irrespective of the value of the subject matter. 4 The Diwani Judge could refer to the Registrar cases up to Ra. soo. Appeals in such cases lay to the Diwani Adalat only. 5. Tiwas further provided that the Governor General in Council could invest the Registrar of any Disvani Adalat ‘with special. powers when there was pressure of work in the Diwani Adolat and where the Registrar happened to be duly qualified. A Registrar so invested was authorised to try cases over Rs, seo if the Diwani Adaiat referred the cases fo him. Ta such cases, appeala lay directly ta the Previnelal Court of Appeal. Regulation XXV of 1814 happened to confer more exten- sive original jurisdiction on the Sadar Diwani Adalat and the 1 Gee page 233° 2. Ses page 257 243, pare ™its in api parental (ie ies OUTLINES OF RIDIN LEGAL, mIsTORY Provineial Courts of Appeal. [t was requisite, with a view to. expedite decision of civil causes, to make certain modifications in the rules then existing! regarding the jurisdiction of those (Courts in the trial ef original suite. Accordingly, the following rules were enacted : 1, Alloriginal regular civil suits, where the value did not exceed s000 rupees were ta be instituted in the District or City Diwani Adalat, However, if from pressure of work in any Diwani Adalat, it appeared that suits exceeding 1c00/- in value could be more conveniently and expeditiously tried, fa the first instance, by the Provincial Court of the Division than by the Diwani Adalat before which they might be pending, it was to-be competent to the Sadar Diwani Adalat to order thedransfer of all or any of such suits to che Provincial Comrt. 2: All original regular anits in which the value or amount of the claim exceeded gon rupees wese to be instituted and tried in the Provincial Courts, But if at any time it appeared to the Sader Diwani Adalat that, (fom pressure of business in any of the Provincial Courts, suits amounting to 39,000 rupees or above, being the amount fixed for appeals ta the King in Council, could be tried more conveniently ot expeditiously in the first instance hy the Sadar Diwani Adalat than by the Provincial Court, it was to be competent to the Sadar Diwani Adalat to order the transfer of allor any such suits from the Provincial Court of Appeal to the Sadar Diwani Adalat. BUSBIARY OF THE ARRANGEMENTS 1814 “The judicial system as left behind by Lord Hastings waa on the following lines + 1, Munoiffs: They were Indian Officers wha were entitled to try cases up to Rs, 64, Every district had number of such Judges. Appeals from them lay to the Diwani Adalat. : 3 See pageas7-338. aad‘PROGRESS OF THE ADALAT SYSTEM, WELLESLEY—axntensT a. Sadar Ameena: They also were Indian Judges who were entitled to ty cases-up to Rs. 230, They had their Courts at the sume station as the Diwani Adalat was situated. Appeals from them lay to the Diwani Adalat, 3 Registrars: Ordinarily they were entitled to try cases up to sco rupees; The Governor Genesal inCouncil could, however, authorise any Registrar to try cases of a highet value. Appeats from decisions in cases involving Re. soo lay to the Diwani Adalat ; thereafter, to the Pro- vingal Court of Appeal. 4 Diwani Adalat: There was enesuch Court in eath dis- trict and each of the thoee cities... It could try all cases upto Rs, soon. Appeals lay to the Provincial Court of Appeal, 5. Provincial Court of Appeal: Its functions were (7) to hear appeals from the Diwani Adalet; i) to try canes over Re. 5000; (iii) Under certain ciccumstanoes to try cases over Rs. reco as a court of first instance, 6, Sadar Diwani Adalat; Its functions were to hear appeals from ihe Provineial Courts ie all cases involving aver Rs. ses. It could alse try, a9 # court of firit instaner, all cases amounting ta Rs. 59,000 at shove. It may be noted that by the time of Lord Hastings, right of appeal had been severely curtailed. Whereas under Com- wallis' scheme @ suitor could have at least two appeals in every category of cases, under Hastings’ acheme there could be only ‘one appeal. Tewas only in cases amounting to Rs. 50,000 that there could be a maximum of two appeals, firstiy, from the Pro- vingial Court which tried the case in the first instance, ta the Sadar Diwsni Adalat ; secondly, from the Sadar Diwani Adalat to the King in‘Gouncil. If sucha case was tried by the Sadar Diweni Adalst, as it could do under the powers conferred on it, there could be only one appeal to the King in Couneil. CHANOES OF 1821 ‘The arringemients of rig again failed to meet the exi- gencles of the situation. Due to the limited powers enjoyed by 245 E } r i iOUTLINES GP INDTAN LEGAL HIBTORY the subordinate judicial officers, a much larger proportion of business devolved on the Zilla and City Diwani Judges thant could properly be discharged by them. The Government felt that relieving the Judges from part of that business by increasing the powers of the Registers, Sadar Ameens and Munsiffs would tend to expedite the general administration of justice. Hitherto, there was one Munsiff in each thanna, This acrangement was found ta be inadequate and sp it had become necessary to augment it Te achieve these abjects, the Goverament uf Lord Hastings passed a Regulation in 1821 by which certain adjust- ments were made in the judicial arrangements of 1814. Provisions were made for increasing the aumber of Mun- sifle, if one Munsiff in each thanna waa found to be inadequate. His jurisdiction also was extended up to Re. 350. The jurisdiction of Sadar Ameens was incrensed to five hundred rupees. No other significant change wes made and the arrangements of 1814 continued to work in other respects, LORD AMHERST During Amherst's tenure of governor generalship, some changes calculated to raise the status of Sader Ameens were adopted. Regulation XII of 1824 was the first of such mengutes, ‘The Sadar Ameens, hitherto, did not form a regular salaried cadre of the Company's servants. They were remu- nereted on # commission basis. With a view tothe better administration of civil justice in cuits referred for telal and decision to Sadar Ameens, as well es for the more certain and adequate compensation of these olficers, the Government thought it expedient to disomtinue the mode of paying the Sadar Ameens .by institution fee in suite decided by them, It waa proposed to grant them a fired allowance calculated to ensure @ faithful discharge of duty and afford them a liberal reward for their services. A monthly salary thus came to be awarded to the Sadar Ameens as remuneration, In 1827, the jurisdiction of Sadar Ameens was further extended. In special cases thev could try cases up to Rs, 1600. 6PROGRESS OF THE ADALAT SYSTEM, WELLESLEY —AMIDkST ‘The. services of the Sadar Ameens came to be very largely used for the disposal of civilcases, and several such officers were employed at the headquarters of the important dietelets WORKING OF GRININAL JUDIGATURE ATTER CORNWALLIS According to the Cornwallis’ scheme of criminal jadi- ‘citure of 1799, which was continued in 1'793, magisterial powers had been conferred on the Judges of the Divani Adalats. The. main function “of the Magistrates wan to-apprehend the aceused persons and commit them to the Courts of Circuit for trial, ‘The Court of Circuit visited each district in the Division once in every six months for this purpose. The Magistrates anal the Judges of the Courts of Circuit were all English servants of the Company. The pructical working of this scheme did not produce very happy results, The evils which Cornwallis’ refarms created of left unremedied were in many cases similar to those which he himself had so unsparingly condemned in. 170". No doubt, after 1790 the mode of conducting trials was more regular, satisfactory and decorous. ‘The records were properly kept and made up. But apart from this, there was no other improvement. The accused persons retained in prison for several months hefore they were brought for trial before the ‘Court of Circuit. Crimes of all kinds increased in the country. Dacaity, Burglary, ging robbery, murders and various other offences were committed with impunity. There were many reasons for this ead state of affairs. Corawallis had united the functions of the Judge and the Magistrate in the same person. The results of this arrange- ment weve unhappy and deplorable, ‘The functions of the police were sufficient to occupy the whole of the officer's atten- fion. In the same way, the work coming before the Judge of the Diwani Adalat also was quite extensive. One person could not do full justice to both the offices, [twas a very heavy burden for one man to discharge. He had necessarily to neglect one of the assigaments,, and therefore, the whole 4 Seepage 147. a72 ee ee it kid em marmite ARE - oer a - GUTLINES OF IMDS LeGAL HusToRy system tuned out to be great anomaly: Persons had to wait for long in the prisons before the Magistrate could complete his investigations in to the charges laid against them, and ie wag quite possible that aome of these persone might turn out to be quite innocent, Such persons were released by the Magistrate, yot they hed already suffered much fn health, ‘wealth and eputation By being lodged in prison for such a Jong time amecesserily. Commenting on this state of affain the Select Comaitter of the House of Commons in its ft yeport in 1812 observed: “But the Committees hawe'to notice the delay in the dministeation of crimi ce in some of the districts, arising from another cause, which js of moi pernicious tendency than that experienced by those. committed for tial; in mg much as it affects those -egainst. whom no evi dence fas yet been token, and may therefore involve, the inno- cent as well as the guilty. The delay here allutled to, is thet which frequently occurs at the office of the magistrate, where; from press of business ot other causes months are represented to elapse, before the person apprehended can he brought toa hearing ; during which time, he is lodged ine crowded prison, where, not unfrequertly, desth overtakes the prisoner before the causes of hia apprehension can be inquired into...."The the European civil servant... .having han it is possible for one person evil seems to arise, f more business.on. his hands, to transact. Mas judge, he is impressed with the necessity of tisking an exertion for the reduction of the civil suits on his he business of the magistrate's office, isin danger of and if he employs himeeif eufficieatly in the fle, falling in axrear latter, to prevent the detention of witnesses oa criminal charges continually coming before him, and to commit of discharge the perons’ sccused, the file of civil caves must of course increase. .' Further, a Magistrate had te possess great activity both of mind and kody and bein position to be on tour in the district under his charge, But he being the Judge could not leave the station without apecial permission of the Government. ‘The work of arresting and apprehending criminals therefore suffered. ‘These abuses could be eradicated by entrusting only 4aPROGRESS-OT THE ADALAT S¥STEM, WELLESLEY —AMMERST one office to one individual, Any system which seeks to en- cumber the Magistrate with extraneous duties which serve to- impede the regularity and rapidity of the Magistrate's. move- ments a8 aa officer of the police, must always be apen to uaa objections. Cornwallis had instituted four Courts of Circuit for administering al justice theoughout the three provinces of Bengal, Bihar and Orissa. These Courts visited the districts twice a yeer and teled the persons committed by the Magisirates. Owing to the very limited powers of the Magis- trates ta try and punish the eriminals the number af persons which they used to commit to the Courts of Circuit for trial was always very large. The Judges of the Courts of Circuit ‘were thus called upon to discharge a large volume of work. In io, these Courts investigated 2f2c charges, and tried 5647 persons. The average of the following five years was 3831 persons tried. The time allotted forthe Court to finish one circuit was six months, there being two gaol deliveries every year. Now, assuming that the business of the year 1802 was equally divided between the Judges of the four Courte of Circuit, for any of the half yearly gaol deliveries, each Judge would, on an average, have more than oo. persone to try, and he might dispatch the business, at the rate of semewhat more than four tals per diem, ifthe whole six months were em- ployed on the ciecuit with little time allowed for travelling from station to station, But then the work before the Courts wes not equally divided. ‘The Court ef Circuit for the Division of Cslcutte had to face more work, This Court in 1802 ted 335 charges, and 1183 persons, which, on an average must have required the Court to try more than seven persons each day, order to get through the circuit in the time allotted, before the commencement of the next cirauit.. If'a due allowance be made for the time consumed on travelling fram district to district then the Court must be consideced to have tried many mare ‘persons per day. The reault of the heavy pressure of work was that the ‘Court wis seldom able to finish the circuit within the time allotted. The Select Committee in 1212 in ite fifth ceport made the following comment on this point: ‘But ia Bengal provinces, 2s0 NTT TT Fees TsCeTiined be ILO Loca, anroer hee Finke aabtices nrivene: tn bin statics andi br baat Sor ok, maha 1a tniramice bs dria; aad fs Ladd kappmed in the Decen Diteiecr, than he Svcs: baa, io. ha Conta comddbewtiy eerie sli cia Durng i tbls ties tmorgcing what weayba saquced by che pete peeing (Vem. coe antic oo ancticr be de onchatetly entgbeyped ja Ue meat imdooaa and kegwccrt dots that oan be vnaelhed coo pods oerenca, thie af tomdatiog well of parc chug writ capital risen fetbenicers Leiber. reared ct a pet deters every ie rons, therrnrd Us hissed Chery gual ibirrias e Doa- ia "Tes olny ited meat of fodquarad Cites” communal) wh the dam of coneuy indobe ember of didrics which omy pod eee wehed Gi wheh opeiier: Theda, sua parks dar peat dobry aed! wacemadcy comaied ic the patod of boiling, Ca gel dha A ye, eo nan Gore, ote alapecd -bonwerr ihe erusora. Eres wedi reveal cicen- idinign, Uheet Galle Oey Tica Geile BAY fabio Mie oninagy Ueki a pabecmet Baad 4a Ta i ga) erences Be stearate ber tbe lelagiersa en ane Nit we tae ata al tb Canton freeones five mente. Be an ceed above. the wpatal il pet wile plice vingibelp sete ba ata ireethe, Schack fengar letarvll efev ahmed beeen Cha aude; ad Ce ull thin pericd priveton commend for ail ixaedieely aftee the Ditrtest sbuleaid Uimeitae! ce otelherinte, hack ohvineuls rut erst of crac Lea ack drregwier “viet of the crbantest jodie pnw i Mile Gergeteilp Me alee People eral pubes er iepatite. rate Pers wari eeiey tel beet ie pencgreg unectin and diye rousing wed raderes, Paopie bicaane red teal, it they thoaghr Silbetab. yo probe way informedon fadiog or Ube reeyaicetieg ot vite aa bes were wired hed it origin iat ela long dakertion ia ttoadadk, The pile eee peemneve Ber Be evens, aw Ht ben fewcmice the wine eed moieties Whee “viva La Mune dain pe he Cet. Ped, cea. the preiat objevlien: fe tha Gel ccouriag: tere, appreiereion weal erin! wae tet epperueite Spee to the ecu ee Flrtede a deine caPRORARE VOTH ADADST EVETER, WULIREW vet re ateh for’ conapicny diced be iver tee bade oe oe chats cha poly, Sy cera cf murecneupedwen Albthis, “eeaaioke fatty. wan the corer ef ach infration, Commedaeg on this uatect faire, ieee Mlagiecrincs sdtmereed: Thee teeacbde. been cei ciene weed eogaveat cheat itdewnds a rominl projersdon.on bbe premieres, dy inca epieian, eet rel ded ee ordy inches rer: whe: bere bea. cobb, Bapal cpewith Ube late viery reettin, rvthor Satn appty fates Fadi Oia fir tedden pai alten Fes conieg formant with batinmuciooy thik would ba bly ‘baceci- eal ee tae oor empower have po Goulet weeld is somber: Soom beaiaree be pete ene te lei etbie a patie fetes paras asd peed reanal presven™ “Ties aitinael: “Thi tiktnratete ool ten dehy ken. Thee. tha nurvaees of criateatie! the racer daria dacdp- tice, agua whee, wher gecesi foe tril thecd wn thw soca Heber indepth anita Debi tread, ih bane agin ‘Hee Wee un uoclany 5 cing othe deach or fsa od sonar of tet (wigzipal - ecto. cocker being oofcaety caod ube feup at the tril ont ceil beeing corre i kets evebnine beteer she onan of tdriedt, as whem Cai cake wit ads ba thei reentry betoan tha eagiasrase” “Pibiey elbrnteed rnb | Tia puncte wae ale tm ray fovtanors, bieeat Ladin uc eo che event of ub ori, whan comey Fereadd, ham Be weet at the Cese of bis appeansce Teele tht Migwtrte : Deore bev pehilty bees “eoriyel, ‘inc -clrcokver sede, “Wah Bicrusif adhe wiuneeme, aad cieey in oenargpeece thinks St cnooe pie, oe hele appt tntkiee Wier ocr. oc Groote to wate thes bs npr wheat they fares case orlere: thet ongret* Led Gaunt war muses binders of ote a piel fersors Aten bi menor, beck iv ates foro ef cpt a ssceviebadd jaan, ated on eckiear the Wied ha Bad inc vleers ‘Teepe Ma Judie wnonher wigabicece defect te Sow pe ath tle 7 ayOUTLINES OF INDIAN LEGAL HISTORY ia the Cortiwallis’ scheme of criminal judicature. Their absence was felt most keenly in this sphere. Many of the important English functionaries of the Company adversely commented on this policy and advocated its immediate reversal, The Magis- irate of Midnapur commented on this aspect of the problem in these words: ‘Another impediment.....is to me, too palpa- ble to he owerlocked, I mean that arising from Europeans, in ‘oiir situation, being necessarily ill qualified, in many points, to pexiarm the duties required of ws, a5 judges and magistrates, Nothing is more common, even after a minute and laborious examination of evidence on bath sides, for the judges te be Jeft in utter doubt respecting the points at issue, This pro- ceeds chiefly, from aur imperfect connection with thé natives and owt scanty knowledge after all our study, of shir manners, customs, ond languages.....1 am inclined to think that an intelligent native is better qualified to preside at a trial, than we can ever be ourselves . ‘The Magistrate of Midnapar was not alone in his opinion. He found valuable stpport from. the Court of Circuit for the Caleutta Division. These Judges observed: “Ve cannot study the genius of the people, in its ‘own sphere of action, We know little of their domeatic life; their knowledge, eonversation, amusements, their teades and castes, orany of these national and individual: characteristics, which exe esential toe camplete knowledge of them, Every day affords us examples of something new and surprising; and we have no principle to guide us, in the. investigation. of facts, except an extreme diffidence of our opiaian, @ consciousness of inability.to judge of what is probable or improbable’ The evil complained of wan extensive. The Judges pointed out, “The difficulty we experience in discerning truth and falaehoad among the natives, may be ascribed, T think, chielly to our want of connection and intercourse, with them ; to the peculis- sity of their manners and habits, their excessive ignorance of our characters, and our almost equal ignorance of theirs.’ ‘Under these circumstances, the administration af criminal justice in the country was bound to be ineffictent and ineffec: tive, Inthe absence of any knowledge of the native customs, 1 Thales ine