ANSWER.-To the supreme court of the capital, or Kót Linga. QUESTION XIII.-Are not the powers of the provincial courts regulated with reference to the rank of the officer who happens to be nominated to the charge of the province? In other words, what are the limits of a provincial court, of a súba, of a sirdár, and of a káji?

ANSWER-They are not; whatever may be the rank of the officer commanding in the province for the time being, the authority of the provincial court is always the same. [Another answer states, that generally all grave criminal cases are carried to the Sadr Adálats; and the officer receiving charge of a province has a clause inserted in his commission prohibiting him from exercising judicial authority in certain offences. These are termed Panch-khát,* viz., 1, Brahmahatya, or slaying a Brahman; 2, Gouhatya, or killing a cow; 3, Strihatya, or killing a woman; 4, Bálahatya, or killing children; and 5, Patki, and all unlawful intercourse of the sexes, such as incest, adultery, or whatever involves a loss of caste by the higher party. All penal cases, with the exception of these five, which must be reported for the direction of the Sirkúr, and all civil cases whatsoever, are within the jurisdiction of the provincial authorities.]

QUESTION XIV.-When a súba, sirdár, or káji, is appointed to the government of a province, does the dharmadhikári of Káthmándú send a deputy dharmádhikári with him? or the dit'ha or bichári of Káthmándú send a deputy bichári with him? or does the provincial governor appoint his own judicial officers, or does he himself administer justice in his own province ?

ANSWER-The provincial governor appoints his own judicial authority, called usually foujdár, who transacts other business for the governor besides the administration of justice. The foujdár's appointment must, however, be ratified by the Darbúr.

QUESTION XV.-What are the names and functions of every officer, from the highest to the lowest, attached to each Sadr and provincial court?

ANSWER-At the capital, one dit'ha for all the four courts; and for each of them two bicháris, one jámadár, twenty-five sipáhis, twenty-five mahánias, and five chaprássis. The dit'ha

• Panch, "five," and the Arabic "a crime, a sin, fault."

gives orders to the bichári, the bichári to the jámadár; and the jámadár to the sipáhis and mahúnias, who serve processes, and see that all persons are forthcoming when required for the purpose of justice. [Another authority adds the following to the list of officers, after the bichári, viz., the bahidár, arz-begí, and two naikia. The dit'ha (he says) decides; the bichári conducts the interrogation of the parties, and ascertains the truth of their statements; the bahidár writes the kail-máma, which the bichári's interrogation has forced from the party in the wrong; the arzbegi is the superintendent of the jail, and sheriff or officer who presides over, and is answerable for, executions. The naikiás, with their mahánias, inflict the korú when needed, and they are also subordinate to the arz-begi.]

QUESTION XVI.- How are the judges and other persons attached to the courts paid? By fees or salary, or both? ANSWER. By both; they receive salaries from Government, and take fees also.

QUESTION XVII.-Are there separate courts for the cities of Pátan and Bhátgáon,† or do the inhabitants of those places resort to the courts of Káthmándú ?

ANSWER.-There are separate courts for Pátan and Bhátgáon, one for each city; and each court has the following functionaries attached to it, viz :—one duária, one bichári, four pradháns, and fifty mahánias. There is an appeal from these courts to the chief court at Káthmándú, and important causes are sent by them to that court in the first instance.

QUESTION XVIII-How far, and in what cases, do the Sadr courts use Panchúyets?-in civil and criminal cases, or in the former only?

ANSWER. Both civil and criminal cases are referred to Pancháyets, in any or every instance, at the discretion of the court or the wish of the parties. [The answer of another respondent is as follows:-"With the exception of cases of life destroyed, all matters may be referred to a Pancháyet, at the desire of the parties; but cases of assault and battery are not usually referred to Pancháyets."]

A kind of whip.-ED.

+ Both places are situated in the great valley, the former at the distance of eight, the latter at that of only two miles from Káthmándú. –B. H. H.

QUESTION XIX. Are the persons composing the Pancháyet appointed by the parties to the suit, or by the Government? or does each party nominate its own members and the Government add a president or casting-vote, or how?

ANSWER. The members of the Pancháyet are never appointed by the Government, but by the judge (dit'ha), at the solicitation of the parties; and no man can sit on a Pancháyet without the consent of both parties. [Another reply adds, that the judge takes from the parties an obligation to abide by the award of the Pancháyet when given, and that the court or Government never volunteers to appoint a Pancháyet; but if the parties expressly solicit it by a petition, declaring that they can get no satisfaction from their own nominees, the Government will then appoint a Pancháyet to sit on the case. A third respondent says generally, in answer to the query, "The parties each name five members, and the Government adds five to their ten."]

QUESTION XX.-What means are adopted to hasten the decision of the Pancháyet, if it be very dilatory?

ANSWER.-In such cases the matter is taken out of the hands of the Pancháyet, and decided by the court which appointed it to sit. [The answer given by another of the respondents states that there never can be needless delay in the decision of causes by Pancháyets, as these tribunals assemble in the courts out of which they issue, and officers of the court are appointed to see that the members attend regularly and constantly.]

QUESTION XXI.-With what powers are the Pancháyets invested to enforce the attendance of parties and witnesses, and the production of papers, and to give validity to their decrees?

ANSWER.-The Pancháyet has no authority of its own to summon or compel the attendance of any person, to make an unwilling witness depose, or to secure the production of necessary papers; all such executive aid being afforded by the court appointing the Pancháyet; and, in like manner, the decision of the Pancháyet is referred to the court to be carried into effect. The Pancháyet cannot give orders, far less enforce them, but communicates its judgment to the court, by which it is put in

execution.

QUESTION XXII.-Are all the Panch required to be unanimous,

or is a simple majority sufficient? and what course is adopted. if there be one or two resolute dissentients?

ANSWER.-The whole of the Panch must be unanimous.

QUESTION XXIII.-Are there any persons at Káthmándú who are regularly employed as members or presidents of Pancháyets, or are persons indiscriminately selected for each occasion?

Answer. There are no permanent individual members of the Pancháyet; but in all cases wherein Parbattias are concerned, it is necessary to choose the panch-men out of the following distinguished tribes, viz. :-Arjál Khandal or Khanal, Pandé, Parat'h, Bóhara, and Rana; one person being selected from each tribe. And among the Néwárs a similar regulation is observed, the tribes from which the individuals are chosen. being the Maiké, Bhanil, Achar, and Srisht. In matters affecting persons who are neither Parbattias nor Newárs, there is no restriction as to the selection of the panch-men by the respective parties.

QUESTION XXIV.-Are the Pancháyets allowed travelling expenses or diet so long as they attend, or not? If allowed, by whom are these expenses paid? Does each party defray its own, or how?

ANSWER-Persons who sit on Pancháyets are never paid any sum, either as compensation for travelling expenses, loss of time, or on any other account whatsoever.

QUESTION XXV.—What is the nature of the dit'ha's authority in those three courts of the capital over which he does not personally preside?

ANSWER.-The bicháris, or judges of these courts, cannot decide independently of the dit'ha of the Kót Linga: the bicháris of those courts are not independent. [Another answer is as follows:-" In those two courts in which the dit'ha personally presides, causes are decided by the joint wisdom of himself and colleagues (bicháris). In those in which he is not personally present, the bicháris decide small matters absolutely, but their investigations of grave ones are reported to the dit'ha, and they decide according to his directions."]

QUESTION XXVI.-What officers of the court are there to search for and apprehend criminals, to bring them and the

evidences of their guilt before the courts, and to see sentence executed on them?

ANSWER.-The officers enumerated in the answer to QUESTION XV., as being attached to the courts of the dit'ha and the bicháris.

QUESTION XXVII.-What officers are there to serve processes in civil suits, to see that the parties and witnesses in such suits are forthcoming, and to carry the decisions of the courts into effect?

ANSWER-Those last mentioned, as being employed in criminal cases.

QUESTION XXVIII.-If the plaintiff or defendant in a civil suit neglect to attend at any stage of the trial before decision, is the plaintiff non-suited, the defendant cast, the parties forcibly made to appear, the decision suspended or pronounced conditionally, or what course is adopted?

ANSWER.-If the plaintiff be absent and the defendant present, it is the custom to take security from the defendant to appear when called upon at some future time, and to let him depart: no decision is come to in such cases. If the plaintiff be present, and the defendant absent, the latter is not therefore cast; he is searched for, and until he is found, no decision can be pronounced.

QUESTION XXIX.-What security is provided in criminal cases, that offenders, when apprehended, shall be prosecuted to conviction; and how are prosecutors and witnesses made forthcoming at the time of trial?

ANSWER-Mál zámini and hazn zámini are taken from prosecutors and witnesses.

QUESTION XXX.-What are práyaschitta, chandráyan, and aptali?

ANSWER-Prayaschitta: the ceremonies necessary to be performed by an individual for recovering his lost caste.

drayan: expiatory ceremonies performed by the whole city or kingdom, in atonement for the commission of some heinous sin or uncleanness, the consequences of which have affected a considerable body of the citizens. Aptali-escheats: the lapse of property to the prince, for want of heirs to the last possessor.