The Lord Melville will not sail before the 12th Oct. A great many passengers go home in her from this Presidency. The Marquis Wellington, Capt. Nicholls, will, it is understood, sail before the end of the week.

The Waterloo is expected to sail for England direct on 1st or 2d Oct.-Passengers: Lieut. J. Peake, 11th N. 1., Lieut. C. Snell, 15th N. 1. and Mr. Conductor P. Brady.

The French ship Pondicherry, Capt. Camberne, looked into the roads on Saturday evening, and after communicating with the shore, continued her voyage for Europe, without coming to an anchor. She sailed from Calcutta on the 11th Sept. -Passengers: Mrs. Ramberd, Mr. Secrin, Capt. Moir, and Mr. Davidson.

July 8. At Outrann, Canip at Candish, Lieut. T. Miller, of the Royal Scots.

Sept. 1. At St. Thome, Lieut. Buck, 5th N. 1. Aug. 14. In Camp, near Jaulnah, Mr. Assist. Surg. Ed. King..

21. At Secunderabad, Ensign B. B. Newport. At Masulipatam, in July last, of severe fever and sore throats, three children of Mr. R. Alexander, Master Attendant.

Sept. 10. At Cuddapah, F. H. Bruce, Esq. Civil Service.

Aug. 24. At Trevandrum, the lady of Capt. A. Macleod, 9th N. I.

Sept. 8. Near Negapatam, Mr Olivarius, son of the late Resident and Master Attendant, at Tranquebar.

Aug. 14. At Hydrabad, C. R, F. M. Grant, only
child of Lieut. C. J. Grant.
Sept. 28. Andrew, the infant son of Mr. W.
Twigg.

25. Thomas George, and on the 28th, Caroline Charlotte, infant children of Mr. C. Moss. 18. At Vizagapatam, L. J. St. George Steele, second son of Lieut. Col. Steele, 2d batt, 2d reg. 11. At Vizagapatam, Mrs. Henrietta Fergusson. Asiatic Journ.-No. 27.

Sept. 3. In Colonel Munro's Camp, at Darwar, Lieut. A. Gleig, of the Rifle Corps, eldest son of the Rt. Rev. Bishop Gleig, Primate of Scotland,

Aug. 22. At Vizagapatam, Alfred, the only son
of the late M. M. Houghton
July 9. At Jaulnah, Ensign C. F. Grant, of H. M.
Royal Scots.

Sept. 13. Mrs. Evatt, widow of the late Mr. De. puty Commissary Evatt.

9. The infant daughter of Lieut. Malton, 22d N. I.

-6. At the Garden of B. Heyne, Esq. M. D. Mr. Wm. Stoffenberg, lately Commander of the Brig William.

- 11.

11. Mrs. Defina Frack, wife of Mr. C. Frack. -9. Capt. Woodhouse, 7th Light Cavalry. J. Obdam, Esq. Deputy Secretary to Government, and Secretary to the Court of Justice in the late Dutch East-India Company's service. - 4. At Trinchinopoly, J. Hoy, Laboratory Serjeant.

BOMBAY.

Aug. 23.-The provisions of the treaty with the Peishwa, concluded at Poonah on the 18th June last, have for object to improve and confirm the alliance subsisting between his Highness and the British Government. The territorial cessions under that treaty which have been annexed to this presidency comprehend, we understand, the districts of Bellapore, of the Antgauni of Bassein and Cullian, and the whole of the tract of country lying to the north of these districts, to Guzerat, situated between the Ghauts of the Syadree mountains and the sea. The Pergunnahs of Jambooseer, Duboy, Ahmood, Dezbarrah, Bahadurpoor and Sowlee in Guzerat have also been ceded to the British government. A reference to the map will exhibit how centrally the greater portion of those cessions is situated relatively to this presidency, and how well calculated they are to promote, not only its own security, but the prosperity of a large and valuable tract of country, which has thus become consolidated under one jurisdiction. The whole of these districts were formerly under the government of this presidency, and its restoration to its rule was hailed by the inhabitants in a manner highly creditable to the reputation of the British government in India and of the national character.

Extract from a private letter:-" The Peishwa cedes to the British government territories yielding a clear revenue of thirty-four lacs of rupees twenty-five of them fall to the Bombay Presidency, by our occupation of the country from Panwell, or Panwelly, twenty-seven miles east of Bombay, to Demaun, on the coast north of Bombay-a line of territory about eighty miles. We are to occupy, besides, the Bessein, and Jumbosen and its dependencies, and also have the Peishwa's share of tribute from Kattywar.. The remaining nine lacs of rupees go to the Presidency of Madras. VOL. V. 2 R

These are provided for by cessions in the Carnatic and the forts of Darwar and Kilshelgur. The important fort of Ahmednuggur is also ceded to us, with land around it to two thousand yards. It was taken by General Wellesley on the 12th of August, 1803, and ceded to the British by Dowlut Row Scindia, at the treaty concluded in December, 1803. In April 1804 it was restored to the Peishwa. The possession of this fortress gives the command of the city of Poonah, and affords the best entrance into the territories of the Peishwa and the Nizam. Certain pasture lands are also given us for our troops in the Deccan. On our part, we are to augment our subsidiary force to twelve thousand men. The Peishwa is also required to maintain irregular horse and foot amounting to eight thousand -men, to be officered by Europeans."

His Excellency the Governor General passed Colgong on the 28th July, and reached Bhaugulpore on the 30th. The fleet had experienced squally and unpleasant weather. Two or three small boats, with stores, had been upset, and it is apprehended that some of the dandies were drowned.

George Brown, Esq. having resigned his seat in Council, preparatory to his return to Europe, Alexander Bell, Esq. in pursuance of his commission as a provisional member of council, took the oaths and his seat in the council on the 7th of September.

The General Treasury is advertised to remain open until further orders, for the receipt of money for treasury bills, for any sum in even hundreds of not less than five hundred rupees, bearing interest at the rate of two quarters per cent. per month, and payable twelve months after date, or at such earlier period as may be duly notified. These bills will in no case be received in payment of the revenues.

The Right Hon. the Governor has issued an order, regulating the supply of camp equipage to the native army with cattle and Lascars attached; in consequence of the abolition by the hon. court of directors of the contract system hitherto in force at this presidency.

A regulation has been passed on the 27th of August, by the Right Hon. the Governor in Council, for preventing the clandestine importation and sale of tobacco, Ganza, and snuff, in the islands of Bombay, Coolabar, and Old Woman's Island, and for licensing the retailers thereof.

August 30th, 1817.-It is with deep concern that the Right Hon, the Governor

in Council announces the death of Col. William East, companion of the most hon. Order of the Bath, commanding officer of the force subsidized by his Highness the Guycowar and of the force assembling in Guzerat for the Field. It is not necessary that the Governor in Council should enter upon this mournful occasion into a recapitulation of those important services which Colonel East had rendered to the government during an uninterrupted poriod of thirty-six years. The most de cisive testimony that can be afforded to the merits of that valuable officer is an appeal to the distinguished honour that had been conferred upon him by his sovereign.

December 1816.-In the Vice Admiralty Court, in the case of the Ernaad, the Judge on Wednesday last pronounced his judgment, condemning the ship on the ground of having had sugar on board without having given a plantation bond.

He recapitulated the grounds upon which he had before declared the ship to be not liable to forfeiture for want of a register, it having been decided by the king in council reversing the sentence of the Supreme Court at Madras, that that was not requisite to a ship in India, and the same principle having since been confirmed by the statute. But as these grounds of his judgment could not at the time of the seizure be supposed to be known to the captors he considered the arrest of the ship warranted under law, as it then stood.

He stated that he thought the ship liable to forfeiture under the 15 C. 2. for carrying goods, the produce of Europe, from Bombay to Bengal; whereas the statute required that the only importation of European goods into any colony should be directly from the mother country. But as the offence was the importation into Bengal, and was therefore committed there, he did not think he had jurisdiction over it in the Vice Admiralty Court of Bombay.

He adverted to the argument of the counsel for the captors, that the admiralty exercised jurisdiction over questions coming incidentally before them. He said that, even supposing the cases in the prize jurisdiction of the high court of admiralty to have gone so far, (of which however he was not aware from any cases adduced), that at least no precedent had been shewn in the instance court that he was aware of, and that it would not become a court of vice-admiralty to extend so extraordinary a jurisdiction to a new class of cases. That if the suggestion of one competent source of jurisdiction, which however might fail in fact, could give collaterally, jurisdiction to this court over matters not originally subject

to it, this would give to the admiralty an extension of jurisdiction similar to that assumed by the courts of King's-Bench and Exchequer by clauses of ac etiam and quo minus, by which they drew to themselves a large proportion of the communia placita. That courts of equity, in taking custody of, and exercising general jurisdiction over whole estates, as of idiots, intestates, or bankrupts, did not think themselves warranted in investigating the conduct of the parties, except so far as was necessary for the particular purposes for which the custody was assumed. That the circumstance of the wrong doers being claimants before the court did not vary the case. That a claimant in trover or in detinue would recover, notwithstanding any evidence might be produced to prove that he had originally obtained the goods illegally, or had made an illegal use of them, unless the illegality were in the very transaction which formed the subject of the action. So here, that unless the illegal carrying into Bengal had been the ground of this proceeding, the court could not notice it, but it could only be tried in Bengal or in England. That as the case was likely to be appealed, the court of admiralty might extend the principle of their decisions to cases in the Instance court, and to grounds of illegality and of forfeiture in voyages anterior to that libelled, but he should not feel warranted in doing so.

That he had never doubted the merits of the question on which he was to condemn, for taking sugar on board not having given a plantation bond. That the words of the first navigation act were clear, that the meaning of the words, colonies and plantations, had been admitted to apply in general to the EastIndies, and that question seemed to be put at rest by the 15 C. 2, c. 7, s. 5 and 6.

That the Advocate General had attempted to distinguish this effect of the navigation acts as having been done away by the statutes giving to the Company the exclusive trade to India, and by the fact that the navigation laws had never been enforced here. But that dissuetude was not by the law of England a revocation of a statute, and that the reason of the navigation laws never having till lately been in practice applied to India, was because until the decision of Lord Kenyon in an insurance case in the year 1795 or 6, it never had occurred to any one in any public shape to consider the East-Indies as being colonies or territories "belonging to his Majesty' "within the navigation laws; they were supposed to be territories of the Company. But as soon as the point was raised it was decided and acquiesced in, for it is too clear to be disputed.

That it had been contended that the

whole of India formed only one colony. within the meaning of the plantation laws, and that a carrying of sugars from one port of Jamaica to another could not be an importation into or exportation from the colony. That whatever might be the case between Surat and Bombay, between the presidency and its subordinates, there are three presidencies and three distinct governments in India, of three separate colonies. But that the offence in this case is independent of either exporting or importing. It is complete by putting sugars on board a ship without having previously given a plantation bond. It is a regulation of precaution. That the only other points raised by the advocate for the Company on the merits of this question had been under the statutes giving the trade to India to the Company without any restriction as to the mode of navigation, and on the subsequent statutes laying the trade open in the same general terms. But that all these statutes referred to the clauses of the monopoly, granting free trade at first to the Company to the exclusion of all others, and afterwards giving free trade to all, in some points, divested of the exclusive privileges, but without any reference to the general regulations of all plantation trade, which of course bind the Indian trade, whether in the hands of the monopolists or when thrown open, unless they had been expressly repealed, or unless India had been expressly excepted out of them; but by a concurrent series of decisions since 1796, it is now clear that all the regulations of the navigation and plantation laws are in force here.

That the court of Vice Admiralty has express jurisdiction over this offence by the 22d and 23d C. 2, c. 26, s. 11.

That the words were not more general than the jurisdiction must necessarily have been intended to be. For the offence mentioned in the statute is two-fold 3 either for putting on board sugars, &c. in any plantation, without giving a plantation bond, or, after giving such bond, for carrying the sugars to any place not being a British port or a British plantation, to which alone, by the terms of the plantation bond, they could be carried. Now the latter description of offence could never be committed in any British plantation at all, and the jurisdiction over both descriptions of the offence being given in the same words, it must have been intended that any British Courts of Vice Admiralty, in which the ship might be brought, might hold cognizance of the forfeiture.

He stated that it was necessary to trace this jurisdiction fully, because in the case of the Fabius, in 2d. Robinson's Admiralty reports, the Judge was stated to