alluded to, to make a quarterly return to the Court of Oyer and Terminer of the crimes and punishments tried and inflicted in their respective offices. That regulation extends merely to the Petty Sessions; but it was intended to inform the court of all the crimes and punishments tried and inflicted by the magistrates, as by those regulations the Petty Sessions alone could try crimes. From the senior magistrate of police we have never obtained any return till the present sessions. From the junior magis

trate of police I have received returns, from which the following are extracts:

"Stealing a copper pot; prisoner to receive one dozen stripes." "Robbing some clothes; to receive one dozen lashes."

"Stealing toddy; to receive six stripes and a pass-note to go to his own country.'

In the same return are cases tried before the two magistrates, of which some are"For stealing a turban; one dozen lashes."

"For stealing a pair of shoes; to receive a pass-note."

"For stealing from the race bungalow; to receive two dozen stripes at the racestand."

"For theft; to receive one dozen stripes."

Upon referring to the return of the senior magistrate, made at these sessions, I find that he also has pursued the same course of trying felonies, flogging, and banishing. Gentlemen, I need not repeat to you that it is utterly illegal for magistrates to try felonies; that it is utterly illegal, under the regulations, that flogging should be inflicted at all, except by the Petty Sessions, with one exception, which I shall mention to you presently; and that by the statute it is utterly illegal that flogging should be inflicted by one magistrate. It is utterly illegal for the Petty Sessions or magistrates to banish, except under the single regulation (respecting aliens) which I have beforementioned.

The learned judge gives very satisfactory reasons why such a power is peculiarly dangerous in that country, where malicious prosecutions are the most usual instruments of revenge; where the witnesses can never be implicitly relied upon; and where, with all the advantages of professional skill and experience, and the facilities for sifting evidence, even the courts of justice are in danger of being misled.

The Regulation of 1814 respecting servants and hamauls, which empowers either of the police magistrates, upon the complaint of a master or mistress against a servant or hamaul, established by the oath of a credible witness, to order the infliction of any number of lashes, not exceeding twelve, is pronounced by the judge to be utterly illegal; the statute requiring the presence of two magistrates. As this regulation was registered, our preceding remark equally applies to it. Under this law it appears to have been formerly the practice to flog servants upon a mere message or note from the master or mistress, without complaint on oath, or the testimony of a single witness. The system of proceeding with respect to native servants, the judge states has, within these two years, been considerably alleviated, the magistrates always affording them redress against their European masters. He mentions, as a proof of it, the following case :

A few weeks since a native presented to me a petition, stating that he had been flogged most severely with a riding-whip by his European master, for the crime of His back was scored with the asking for his wages, which were six months in arrear.

wounds of the whip. I immediately sent him to the Petty Sessions, to which indeed he had before applied, but, by some mistake or misconduct of the native purvoe, without effect. The complaint was entered, the master summoned, and fined seventy rupees. Gentlemen, I must do the senior magistrate of police the justice to say, that in all the cases between natives and Europeans he does his duty most impartially and most exemplarily; without respect

without fear or favour.

The

not in gaol, but by the police immediately after conviction; thereby depriving the prisoner of an opportunity, should he desire it, of applying to the Supreme Court for a writ of Habeas Corpus.

The next species of punishment to which Sir Edward West adverts is, finding security for good behaviour. This sentence is passed by the Petty Sessions in the following manner: "that the prisoner do give security;" without specifying the period, the sum, or whether sureties are required or not. The evils to which this practice leads are thus pointed out by the judge:

Gentlemen, upon these sentences to find security, prisoners have been frequently confined for very long periods of time. Thus on the 6th of Oct. 1817 a man of the name of Abdul Rahim Seedy was sentenced to hard labour till he should find securities. Under this sentence he remained in gaol till July 1823, a period of six years, when he died in gaol! There are almost innumerable other instances of prisoners being confined for very long periods under like sentences. I hold in my hand a list of a few of them, which I directed the marshal to make out: I will trouble you with only one of them. On the 23d February 1824, one George Bartley was convicted by the Petty Sessions of an assault, and he was sentenced to three months' imprisonment in the county gaol, and the last month to solitary confinement, and at the expiration of those three months to enter into a recognizance to keep the peace towards Louisa Bartley his wife. After the expiration of three months he applied again and again to the senior magistrate of police for his discharge, who refused it upon the ground that he had not found sureties. He proposed sureties more than once, but they were rejected. He petitioned me several times for his discharge, but as he never sent me a copy of the warrant, I presumed that he was legally imprisoned, and of course did not interfere. At last, however, I directed him, in answer to his last petition, to send a copy of the warrant, which he did, and it appeared by the warrant and sentence that no sureties were necessary. I accordingly intimated to the senior magistrate of police, that he was entitled to be discharged upon his own recognizance; and that unless he was so discharged, I should order him to be brought up before me by Habeas Corpus; upon which he was discharged, but not till after he had been imprisoned eight months, during five of which he was illegally confined.

Another abuse to which the judge directs attention, is the imprisonment of persons in the police guard-room, or chokeys, as well after as before conviction, instead of their being committed to gaol. The objections attending this practice are obvious: "The prisoners have no means of sending petitions for Habeas Corpus to the judges; the other magistrates have no means of visiting the gaol; the grand juries never think of visiting or inspecting them; and the prisoners are entirely under the control of native clerks and constables, who are to be trusted very cautiously with power."

Under the third head Sir Edward West merely observes, that the powers of the police magistrates (except in regard to servants and hamauls, referred to hereafter) are defined in Regulation I. of 1812, namely, they are invested with the same authority as justices of the peace in England; they may apprehend, examine, and commit for trial, all persons charged before them with any breach of law.

Under the last head, relating to the actual proceedings before the magistrates, the learned judge's remarks are more copious. He commences as follows:

I was not a little surprised, after Sir James Mackintosh's protest against the proceedings of the superintendent of police, to hear some time since that the police magiɛtrates, sitting singly, were in the habit of trying and punishing felonies, of flogging, and banishing. As soon as I was made aware of these proceedings, I directed the clerk of the crown to order the magistrates, in pursuance of the regulation before

alluded

alluded to, to make a quarterly return to the Court of Oyer and Terminer of the crimes and punishments tried and inflicted in their respective offices. That regulation extends merely to the Petty Sessions; but it was intended to inform the court of all the crimes and punishments tried and inflicted by the magistrates, as by those regulations the Petty Sessions alone could try crimes. From the senior magistrate of police we have never obtained any return till the present sessions. From the junior magistrate of police I have received returns, from which the following are extracts:— "Stealing a copper pot; prisoner to receive one dozen stripes.' "Robbing some clothes; to receive one dozen lashes.'

"Stealing toddy; to receive six stripes and a pass-note to go to his own country." In the same return are cases tried before the two magistrates, of which some are— "For stealing a turban; one dozen lashes."

"For stealing a pair of shoes; to receive a pass-note."

"For stealing from the race bungalow; to receive two dozen stripes at the racestand."

"For theft; to receive one dozen stripes."

Upon referring to the return of the senior magistrate, made at these sessions, I find that he also has pursued the same course of trying felonies, flogging, and banishing. Gentlemen, I need not repeat to you that it is utterly illegal for magistrates to try felonies; that it is utterly illegal, under the regulations, that flogging should be inflicted at all, except by the Petty Sessions, with one exception, which I shall mention to you presently; and that by the statute it is utterly illegal that flogging should be inflicted by one magistrate. It is utterly illegal for the Petty Sessions or magistrates to banish, except under the single regulation (respecting aliens) which I have beforementioned.

The learned judge gives very satisfactory reasons why such a power is peculiarly dangerous in that country, where malicious prosecutions are the most usual instruments of revenge; where the witnesses can never be implicitly relied upon; and where, with all the advantages of professional skill and experience, and the facilities for sifting evidence, even the courts of justice are in danger of being misled.

The Regulation of 1814 respecting servants and hamauls, which empowers either of the police magistrates, upon the complaint of a master or mistress against a servant or hamaul, established by the oath of a credible witness, to order the infliction of any number of lashes, not exceeding twelve, is pronounced by the judge to be utterly illegal; the statute requiring the presence of two magistrates. As this regulation was registered, our preceding remark equally applies to it. Under this law it appears to have been formerly the practice to flog servants upon a mere message or note from the master or mistress, without complaint on oath, or the testimony of a single witness. The system of proceeding with respect to native servants, the judge states has, within these two years, been considerably alleviated, the magistrates always affording them redress against their European masters. He mentions, as a proof of it, the following case :

A few weeks since a native presented to me a petition, stating that he had been flogged most severely with a riding-whip by his European master, for the crime of asking for his wages, which were six months in arrear. His back was scored with the wounds of the whip. I immediately sent him to the Petty Sessions, to which indeed he had before applied, but, by some mistake or misconduct of the native purvoe, without effect. The complaint was entered, the master summoned, and fined seventy rupees. Gentlemen, I must do the senior magistrate of police the justice to say, that in all the cases between natives and Europeans he does his duty most impartially and most exemplarily; without respect of persons, without fear or favour.

The

The learned judge concludes his observations on this head by stating, that the whole system of police in this island is illegal, and that it is such that palliatives can be of no use; that it would be vain to attempt to reduce it to one of law and justice by lopping and pruning; that it must be entirely eradicated and a new system substituted.

This is a sad picture of that branch of the judicial system of Bombay, which most nearly concerns the interests of the natives; and it is natural to ask how it could happen that abuses so flagrant could have become so inveterate? The magistrates, we apprehend, were subject to the Recorder's Court, after the Regulation of 1812, if not before; and the charter of the Supreme Court, which has been established about two years, not only confers upon it the general powers possessed by the Court of King's Bench in England, but gives it express jurisdiction over the magistrates of Bombay, with authority to enforce its mandates, directed to such magistrates, by fine and imprisonment in cases of contempt. How does it then happen that the system of police in this presidency should have been known to be a course of illegality, that some of its abuses (as in the case of flogging servants) should be notorious, yet that no steps should have been taken to remedy the evils, except the representation of Sir James Mackintosh respecting the superintendent of police, which, when addressed to the Government, appears to have been immediately attended to? Sir James, it appears, reproaches himself severely for not having interfered to prevent such a system of illegality, until the last year of his residence at Bombay. This self-reproach, Sir Edward West is of opinion, is" without cause," because he mentions in his representation, "that he had before that time only suspicions, and no judicial knowledge of the illegality of the system." Should we so far strain our indulgence as to allow that this want of judicial knowledge excuses Sir James, what excuse are we to make for his successors, who had the means of knowing at once the abuses of the system by perusing the document written by him, which forms the chief source from whence Sir Edward West has extracted his facts, and which cannot be read without emotion?

This is a disagreeable and an invidious topic to pursue at length: we shall therefore only observe that, as the magistrates are admitted to have acted without either improper motives or culpable ignorance, the blame must rest upon those ministers, whoever they may be, whose duty it was to correct these abuses, or to bring them under the notice of the Government.

We are not surprised that the Grand Jury should have manifested an inclination to defend the existing system: it is ever the case that long continued abuses gradually come to be regarded as beneficial. They say:

We are of opinion that, considering the peculiar circumstances of Bombay, any reduction of the power of the police magistrates, as at present exercised, would be attended with the greatest danger, and would add much to the increase of crime.

With regard to the removal of aliens, who are offenders or of had character, from the island, and to the penal consequence of their return, and with regard also to the punishment of flogging as at present inflicted, we are of opinion, from our own expe. rience, strengthened by that of the oldest magistrates in the place, that no change is expedient, either in the frequency or severity of those punishments, or in the instrument with which the latter is inflicted; we think, however, that the instrument should in all cases be of one uniform standard, to be fixed by the proper authorities.

With respect to the instance of undue severity, as alleged by the Rev. Charles Jackson, we considered it our duty to make inquiries into it, and have satisfied ourselves, that the punishment on that occasion inflicted (however it might shock the feelings of a gentleman unaccustomed to such sights) was moderate in every respect.

MR. MOORCROFT.

[Concluded from p. 612.1

"After the durbar, the Peerzada spoke to Mr. Moorcroft with great candour and kindness. He said that he was placed in a situation of much difficulty. If, in virtue of the office which he held, he should command Mahommud Morad Begh to desist from persecution, he must obey; but such an exertion of authority would break up the friendship between them, and render him personally obnoxious to all the heads of the Kuttaghuns. It might suffice, he thought, that on paying the further sum of 2,000 rupees, he would engage for the safety of all his party and property. To this proposition Mr. Moorcroft assented. The result, however, when made known to Morad Begh, produced so much dissatisfaction, that he repaired to Talikan, and on the night of his arrival the Kazee waited on the Peerzada to announce that there had been a large meeting of the heads of the Kuttaghuns, who, deciding that our traveller was a spy, had persuaded the chief to insist upon the Peerzada abandoning his cause. Morad Begh repeated the decision of the heads of the tribes, and his conviction that Mr. Moorcroft was nothing but a spy. Kasim Jan Khaja was extremely embarrassed. He had gone farther than was right in countenancing the payment of another sum of 2,000 rupees, and he conjured the chief to be satisfied with this concession. Morad Begh at last yielded a reluctant consent, but only on the condition that Mr. Moorcroft should remain in his territories until his return from an expedition he was about to undertake, with the option of joining the party at Koondooz, or of remaining at Talikan. Mr. Moorcroft preferred the sanctuary of the Peerzada, and passed a month of agreeable intercourse under his roof. Kasim Jan Khaja would not accept of any presents of value, and would only receive a bedstead, recommended to prevent the repetition of attacks of rheumatism, to which he was subject, from sleeping on the ground; a case of razors, &c., some ottur of roses, and a few scissars and knives to bestow upon his dependents. When Mr. Moorcroft departed, the Peerzada prayed for him in public, embraced him in the Ozbuk fashion, and sent him a roll of black China satin, another of crimson, gold brocade, and some pieces of green silk, for dresses, which he hoped our traveller would wear for his sake.

"Kasim Jan Khaja thought it unnecessary for Mr. Moorcroft to see Morad Begh on his return; but on his reaching Koondooz, the latter expressed a wish to see him. After enquiring respecting his health, he declared that in the late transactions he only wished to make trial of his firmness, having no intention whatever of hurting him. When Mirza Abool Toorab, on Mr. Moorcroft's taking leave, read the Fateea, or prayer, for the safety and prosperity of his party, Morad Begh joined in the ceremony, and stroked his beard with great solemnity and apparent fervor.

"Morad Begh, in his conquests, appears to have had no notion of the wealth that is derived from the soil, and the employment of his new subjects in agriculture and commerce; for in the course of last year, it is said, the treasury of Kuttaghun received four lacs and a half of rupees from the sale of slaves, on a contract with his minister, at the rate of fifteen tilas, or about six rupees, per head.* The fertile and salubrious valleys of Budakshan have been robbed

* Here is evidently some mistake in p. 714, the tila is said to be equal to six rupees; here the rupee is supposed to be worth two tilas and a half. The price paid for the slaves must be more than six rupees per head, which would make the number of slaves purchased 75,000 !-Ed.