return for a turban which he gets,* and the same sum, under the name of sabhúsuddha (or purification of the court), from the loser. The above four demands on the parties, viz., jiťhouri, harouri, pagrí, and sabhúsuddha, are Government taxes; and, exclusive of these, eight annas must be paid to the mahánias of the court, eight annas more to the kotmál, eight more to the kumhalnáikias, and, lastly, eight more to the khardár or registrar. In this manner multitudes of causes are decided by nyáya (ordeal), when the parties cannot be brought to agree upon the subject-matter of dispute, and have neither documentary nor verbal evidence to adduce.

QUESTION XXXIII.-Describe the forms of procedure in a criminal cause, step by step.

ANSWER.-If any one comes into court, and states that such an one has killed such another by poison, sword, dagger, or otherwise, the informant is instantly interrogated by the court thus-How? Who? When? Before whom? The Corpus delicti: Where? &c., &c. He answers by stating all these particulars according to his knowledge of the facts; adducing the names of the witnesses, or saying, that though he has no other witnesses than himself to the fact of murder, he pledges himself to prove it, or abide the consequences of a failure in the proof. This last engagement, when tendered by the accuser, is immediately reduced to writing to bind him more effectually; after which, one or more sipáhis of the court are sent with the informant to secure the murderer, and produce him and the testimony of the deed in court, which, when produced accordingly, is followed by an interrogation of the accused. If the accused confesses the murder, there is no necessity to call for evidence; but if he deny it, evidence is then gone into; and if the witnesses depose positively to their having seen the accused commit the murder, the latter is again asked what he has to say; and if he still refuses to confess, he is whipped until he does; the confession, when obtained, is reduced to writing and attested by the murderer, who is then put in irons and sent to jail. Cases of theft, robbery, incest, &c., are also thus dealt with in Népál, and the convicts sent to prison. When the

* Hence this fee or tax is called pagrí (turban).

number amounts to twenty or thirty, the diť'ha makes out a calendar of their crimes, to which he appends their confession, and a specification of the punishment usually inflicted in such cases. This list the dit ha carries to the Bháradár Sabhá (council of state), whence it is taken by the premier to the prince, after the dit'ha's allotment of punishment to each convict has been ratified, or some other punishment substituted. The list, so altered or confirmed in the council of state, and referred by the premier to the prince, is, as a matter of form, sanctioned by the latter, after which it is redelivered to the dit'ha, who makes it over to the arz-begi. The latter, taking the prisoners, the mahá-náikias, and some men of the Pórya caste with him, proceeds to the banks of the Bishen-mati, where the sentence of the law is inflicted by the hands of the Póryas, and in the presence of the arz-begi and the mahánáikias. Grave offences, involving the penalty of life or limb, are thus treated. With respect to mutual revilings and quarrels, false evidence, false accusation of moral delinquency, and such like minor crimes and offences, punishment is apportioned with reference to the caste of the offender or offenders.

QUESTION XXXIV.-Do the parties plead vivâ voce, or by written statements ?

ANSWER. They state their own cases invariably viva voce. QUESTION XXXV.—Do parties tell their own tales or employ vakíls?

ANSWER. They tell their own tale-vakils are unknown. [Another respondent says, that instances of a pleader (mukhsár) being employed have occurred; it is usually a near relation, and only when the principal was incapable. Professional or permanent pleaders are unknown.]

QUESTION XXXVI.—In penal cases, are witnesses compellable to attend to the summons of the accused, and to depose with all the usual sanctions?

ANSWER.-Yes; the court compels the attendance and deposition, in the usual way, of the witnesses for the accused.

QUESTION XXXVII.-Who defrays the expenses of witnesses in criminal cases? Are such witnesses obliged to feed them

The vilest of the vile.

selves during their attendance on the court, and journey to and fro, or does the Government support them?

ANSWER. The witnesses in penal cases support themselves; no allowance for food, travelling expenses, &c., is made them by any one.

QUESTION XXXVIII.-In criminal cases, if the prisoner volunteers a confession, does his confession supersede the necessity of trial?

ANSWER.-It does, entirely.

QUESTION XXXIX.-If the prisoner be fully convicted by evidence, must his confession nevertheless be had?

ANSWER.-It must.

QUESTION XL-If he be sullenly silent, how is his confession obtained?

ANSWER. He is scolded, beaten, and frightened.

QUESTION XLI.-May the prisoner demand to be confronted with his accuser, and cross-examine the witnesses against him? ANSWER. He has both privileges always granted to him.

QUESTION XLII.-In civil cases, are witnesses allowed their travelling expenses and subsistence, or not? and when, and how?

ANSWER.-Witnesses must in all cases bear their own expenses. QUESTION XLIII.-Must the expenses of a witness in a civil case be tendered to him by the party as soon as he is desired to attend, or may they be tendered after the witness has presented himself in court?

ANSWER.-Witnesses must attend without any allowance being tendered, sooner or later.

QUESTION XLIV.-In civil cases, how are costs, exclusive of expenses for witnesses, distributed and realised? Does each party always bear his own, or are all the costs ever laid as a penalty on the losing party when he is to blame?

ANSWER. All costs whatever are distributed between the parties, after the decision, according to fixed rules.

QUESTION XLV.—If a witness in a civil cause refuse to attend or to depone, what is the course adopted with respect to him? May the summoning party recover damages proportioned to the loss sustained by the witness' absence or silence? and may any punishment be inflicted on such contumacious witness?

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ANSWER. The court will always compel the attendance of a witness required, and will compel his deposition too; and if there be reason to suppose he is prevaricating or concealing some part of what he knows, he is imprisoned until he makes a full revelation.

QUESTION XLVI.-What is the punishment for perjury and subornation of perjury?

ANSWER. In trifling cases, the perjurer and suborner are fined; in grave matters, they are corporally punished, and even capitally, according to the mischief done.

QUESTION XLVII.-How many sorts of evidence are admissible-oral testimony-writings-decisory oaths-oaths of purgation and imprecation-ordeals?

ANSWER.-In civil cases, the Hari-vansa is put on the head of the witness preparing to depose, and he is solemnly reminded of the sanctity of truth. [Another respondent says: "Evidence of external witnesses is the first and best sort; but if there are none, then an oath is tendered on the Hari-vansa to both parties, and they are required to make their statements over again under the sanction of this oath; by these statements, so taken, the court will sometimes decide, or one party in such a case may tender the other a decisory oath, and, if he will take it, the tenderer must submit."]

QUESTION XLVIII.—Is oral testimony taken on oath or without oath ?-what are the forms?

ANSWER.-On oath; the form is given above. [By another respondent: "If the witness be a Sivamárgi or Brahmanical Hindú, he is sworn on the Hari-vansa; if a Buddhist, on the Pancha-rakshá; if a Moslem, on the Korán."]

QUESTION XLIX.-In civil causes, if testimony of men and writings is forthcoming, may either party call for ordeal, or is it only a pis aller? and if one party demands, is the other bound to assent?

ANSWER.-Ordeals are only a substitute, the best that can be had when oral and writing testimony are both wanting.

QUESTION L.-May the prisoner in a penal cause rebut evidence by the ordeal, and are the ordeals allowed to any persons under accusation of crime?

ANSWER.-If the prisoner be convicted by evidence, but still

refuses to confess, and asserts his innocence, his demand for the ordeal must be allowed.

QUESTION LI-Do parties ever depose in their own causes, and under the same sanctions as external witnesses?

ANSWER. In all causes, civil and criminal, the parties may depose like external witnesses, and under the same penalties for falsehood.

QUESTION LII.-How are writings signed or sealed. and attested or proved? are the attesting parties summoned, or, if dead, is their hand-writing proved, or how?

ANSWER. In cases of bonds, &c., the witnesses to which are dead, and no other satisfactory evidence is forthcoming, ordeal is resorted to.

QUESTION LIII.-How are unattested or casual writings proved? Must the writer be produced, or will evidence of his hand-writing be admitted?

ANSWER.-If the writer be forthcoming, he must be produced; if not, evidence of his hand-writing is admitted, and any other sort of evidence whatever that can be had; but if the result of the whole is unsatisfactory to the court, it will direct an ordeal.

QUESTION LIV.-Are tradesmen allowed to adduce their entries in their books to prove debts to them? and must the shopman or enterer of the items be produced to prove the entries?

ANSWER.-The value of entries in merchants' books, and in general mercantile affairs, are referred by the court to a Panchayet of merchants.

QUESTION LV.-How is the evidence of a man of rank taken? ANSWER. He must go into court and depose like any other person. [Another authority, however, states, on the contrary, that such a person is not required to go into court and depone; but an officer of the court is deputed to wait on him at his house, and to procure his evidence by interrogatories.]

QUESTION LVI-How is the evidence of a woman of rank taken ?

ANSWER.-The court deputes a female to hear the evidence of a lady of rank, and to report it to the court.

QUESTION LVII.-Is oral evidence taken down as uttered, by rapid writers, and enrolled on record?