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the Arún in the Alpine region at Hatia, the great mart for the barter trade of the cis and transniveans by the very accessible pass of the Arún. Lower down the Arún receives many tributaries, from the west, the Salpa and Ikhua; from the east, the Sawai, the Hengwá, the Pilwa, the Ligua, and the Mámágá. Its course on this side the Himalaya is generally north and south; but in Tibet it spreads to the west and east also, covering and draining a deal of ground there.
7th. The Tamór Cósi. The Tamór, also, is a very fine river, inferior only to the Arún. It is alleged to have more than one Trans-Himalayan source. It passes the snows at Wallungchung, or rises there from the snows. Its course from Wallung to the general junction at Tirbéni is south-west, and it receives many affluents on the way, as the Wallung, the Chung, the Yangmá, the Mewa, the Kabaili, the Kháwa, the Nhabo, the Tankhua, the Teliá, the Nava, the Chérwa, the Kokaya.
SYSTEMS OF LAW AND POLICE AS RECOGNISED IN
THE STATE OF NÉPÁL.
INTRODUCTION. (With a view to obtain correct and authentic information on the subject of Népálese law, both in its theoretical principles and practical administration, Mr. Hodgson addressed a series of questions to several individuals who were judged most capable of replying to them in a full and satisfactory
Copies of these series of interrogatories, with their respective answers, have been communicated by him to the Royal Asiatic Society (together with a separate paper on crimes and punishments); and the following article has been drawn up from a careful comparison of the whole, excluding as much as possible the repetitions unavoidably occurring, in many instances, in the various answers to any particular question. A reference to the works of Kirkpatrick, Hamilton, and others will show how little has hitherto been contributed to the knowledge of Europeans respecting Oriental systems of jurisprudence, as far as regards the kingdom of Népál; it is therefore particularly gratifying to be enabled to produce so complete a view of the subject as has been furnished by Mr. Hodgson, whose perseverance and energy in obtaining an acquaintance with these and other matters hitherto kept sacred from all strangers, are only equalled by the intelligent and liberal manner in which he communicates to the public the information he has acquired. -ED. JOUR. Royal Asiatic Soc.]
PART I. ON THE LAW AND POLICE OF NÉPÁL. QUESTION I.—How many courts of law are there at Káthmándú? What is the name of each ?
ANSWER.—There are four Nyáyasab’hás, the first and chief of which is called Kót Linga; the second, Inta Chapli ; the third, Taksár; and the fourth, Dhansár. [Another answer mentions four additional courts, viz., the Kósi,* the Búngyabíthák,t the Daftar Khána, and the Chibhándel. In the Kósi, the Sirkár itself administers justice. The Búngya-biť hák is the general record-office of the fisc, and a separate ditha & presides over it. It is also a Mahal-Adálat.|| The Kót Linga, Inta Chapli, Taksár, and Dhansár are the proper Adálats, exercising both civil and criminal jurisdiction. In the Daftar Khána the disputes of the soldiers relative to the lands assigned them for pay are investigated, and the Chibhándel is a tribunal for the settlement of all disputes relating to houses; neither of these courts possesses criminal jurisdiction; and whatever penal matters may arise out of the cases brought before them are carried to the Inta Chapli. All these Adálats are situated in the city of Kathmandu, and within eighty or ninety paces of each other.
QUESTION II.—What are the territorial limits of the jurisdiction of each court ? |
ANSWER.-— There are no limits expressly assigned. Any citizen of Kathmándú or Bhátgáon, or any subject dwelling in the provinces, may carry his cause to any court, provincial or superior, that he pleases. [Another answer says, that whencesoever a civil suit comes, and whatever may be its amount, it may be heard in any of the four courts of the capital at the plaintiff's pleasure ; but that grave penal cases must be carried to the Inta Chapli.]
* Also called Bháradár Sabhá, or great council of state.
§ A superintending minister of justice, who does not try causes, but watches over
See note at Ques. LXXVI. The Sadr courts' jurisdiction (ordinary) extends east to the Dud Cosi, west to the Trisul. Beyond these limits there are a class of royal judges called mountain bicháris to whom, in a signed lands (and all pearly are assigned), there is an appeal from the decisions of the assignee. Every assignee, save the sipahis and inferior officers, has a good deal of magisterial and judicial authority, and the fines he inflicts, particularly for breach of the law of caste, are a part of his usual income. But grave cases can always be appealed to the capital, and sentences involving death or confiscation must be so, however high the local authority passing such sentences. See p. 200. Palpa and Doti are administered like Dhankúti.