for left India, having made £10,000 there, the accountant-general, and certain other of the Company's officers, must act as agents, and send him home bills, regularly drawn, for the amount.”

Mr. Lowndes" A great deal of smuggling may be carried ou between America and India. Persons might go to America from this country, and embark in that traffic. By your own code of laws, a director may be absent for a twelvemonth, and, in that period, he might proceed to America, trade there, and return in good time."

Mr. R. Jackson-" When the director is absent from this country on leave, I doubt whether he can be considered in our service."

Mr. Hume inquired of the Company's counsel, whether, in the amended law, director was included under the words "officer or servant?" If it were not, director ought to be added.

Mr. Serjeant Bosanquet and Mr. R. Jackson were of opinion, that it would be better to add the word director.

Mr. Lowndes said, after what his hon. friend (Mr. Hume) had stated, at the last court, on the subject of private trade, it was their duty to guard against every thing of that kind. It was evident that a director might get leave of absence for a twelvemonth, during which time he might serve himself and the Americans, by carrying on a trade against the interests of the Company. Such a man ought to forfeit largely, and, for that purpose, provisions should be made. A proceeding of that kind came not only within the chapter of accidents, but of probability. They knew that persons connected with the Company were carrying on an immense trade, and why should they not guard against the possibility of their turning their mercantile speculations into the channel he had mentioned?

Mr. Hume said, if any officer of that house meant to carry on such a trade with America, he could do it by letter, as well as if he were on the spot. As to getting leave of absence for twelve months, it was a fallacy. For many years, no director had been allowed such a privilege, or had absented himself for such a period. He here wished to observe, that, in the opinion which the learned counsel had given, on the old law, sec. 21, chap. VI. the following words were used:" the words of the statute of William III. which authorize punishment by imprisonments, mulcts, fines, and amerciaments, do not appear to us to include forfeiture of goods;" and the amended law said, that the offending party" shall forfeit, to the use of the Company, the value of such goods," &c. Where was the difference between the goods themselves and their value?

Mr. Howorth. "The value of the goods, and the goods themselves, are by no means the same thing. The former is a fine, which it is in our power to inflict the latter, a property, which we cannot legally take from the owner."

;

The amended law was then carried, the word director being placed before officer or servant.

The old law, chap. VII. sec. 1, which ordained, that if any member of the Company should, by menaces, promises, or collusive transfers of stock, obtain or endeavour to obtain, any vote for the election of himself, or of any other person to be a director, he should be for ever incapable of becoming a director, was repealed; counsel being of opinion that it interfered with the qualification of directors.

The amended law, which provided that the party offending should be incapable of holding any office, the qualification of which was subject to the regulation of the general court, and, if a director, that he should be liable to be removed from his office, was then put from the chair.

Mr. Lowndes contended, that the new law was not worded with sufficient strength to meet and prevent acts of corruption. It should not be ordained, that a director, having recourse to such prac- tices, should be merely liable to removal. The law should declare that dismissal. must follow his breach of duty. This, he thought, was the more necessary, after what had been mentioned by his hon. friend (Mr. Hume) this day. He had described a system of corruption, which astonished him (Mr. L.) acquainted, as he had been, with corruption, for twenty. years. (A laugh.)-He would pass an act of oblivion for what had been done; they ought to make every exertion to, prevent corruption in future, which could only be done by a close investigation of the by-laws. If the directors were merely liable to be removed, it would be the means of encouraging two parties in the India House; one that would wish to soften down the by-law, and another that would be anxious to render it more

severe.

Mr. Howorth." This is taking up the time of the court unnecessarily. We have much to go through, and we must all wish the business to be dispatched. We have endeavoured to follow the old laws as far as we could; but we have been obliged, in many instances, to alter them, in consequence of the legal opinions we have had recourse to. In conformity with those opinions, the present law has been formed. If the court think it better to continue the law on this subject, in the way they previously had it, they are at liberty to reject that which is now submitted to them."

Mr. Lowndes." Then I say, a direc

tor, acting corruptly, ought to be declared incapable of holding his office."

Mr. Hume-"We cannot legally declare a director incapable. We cannot use the word incapable. The learned counsel have informed us, that it is contrary to law."

'Mr. Lowndes-" Then I bow to the opinion of the lawyers. I am very much afraid of law."

The amended law was then agreed to. It was next proposed to repeal the old law, sec. 7. chap. VII. which ordained, that in all annual elections of six directors, for four years, in pursuance of the act of the 13th of the king, cap. 63, each proprietor should give a list, containing the names of not more than six persons qualified to be directors; and if any list should contain more than six, or less than five persons so qualified, who should have declared themselves candidates, by a written notice directed to the secretary seven days previous to the day of election, every such list, and all the names therein contained, should be totally rejected.

Counsel were of opinion, that so much of this by-law as required that the lists should only contain the names of persons who had declared themselves candidates, by giving seven days notice to the secre tary, was void; inasmuch as a by-law could not limit the number of persons eligible. And they also expressed considerable doubt as to the validity of that part of the by-law which required that the lists should not contain the names of less than five persons. If any regulation of this sort were expedient, beyond one which should simply require that the list should not contain more than the names of six persons, it would be more reasonable to ordain that each list should positively contain the names of six persons duly qualified, that being the number required by law to be elected by the proprietors.

The law, as amended by the committee, ordained, that each list should contain not more than six names of persons duly qualified; and if any list should contain more than that number, such list to be totally rejected; thus leaving the proprietors at liberty to vote for one, two, three, four, five, or six directors, as they pleased.

Mr. Horace Twiss said, he could not vote for the repeal of the law, as it at present stood, when he considered the nature of that which was to be substituted in its place. He had not been able, from the consideration he had given the subject, to conceive what reasons existed which could induce the very eminent counsel who had been consulted on this occasion, to give the opinion which appeared in the printed report, For, al

7

though it was quite manifest, so manifest that it was impossible for any lawyer to differ in opinion on the point, that it was impossible for any by-law to narrow the qualification which the charter of the Company or any particular statute had described; yet it appeared to him that the opinion went further than the most rigorous interpretation of the statute required. It was stated in the opinion, that the Company were not at liberty to demand a notice in writing from the candidates for the situation of director, seven days previous to the election; and certainly, if it could be contended, that the insisting on this notice would operate to the disqualification of any person who possessed a right to put up for the situation, such an enactment would be invalid. But was that the fact? was any person disqualified by that proceeding?, The law said, "If you, who are qualified to be a director, comply with this requisition, then it will be open to the proprietors to place you on their lists." The law ordained, and it had a right to ordain, that, before a gentleman came forward to ask the favour of being elected to the direction, he must comply with the custom of giving notice; a custom which prevailed in all transactions of a similar nature. The new law, however, sought to remove this preparatory proceeding.. But in his opinion, it would be just as correct to say, that notices in law affairs were improper, as to stigmatize, with the epithet of invalid, the custom of candidates for the direction giving notice of their intention seven days before the election. The Company had, by their charter, the power of framing by-laws; and, by the statute, certain qualifications were pointed out, with respect to directors. But the enactments of the statute left, as they before stood, their power of ordaining by-laws, except under circumstances for which the act particularly provided. What, therefore, was not taken away from their power of making bylaws, by the statute, remained in the hands of the Company, in full force. And he asked by what statute the right to demand notice from candidates for the direction, at a given period before the election took place, was withheld from them? Unless he could see in what way the exercise of this practical form im peded the proprietors in making use of that power which they had a right to enjoy, he could not consent to a measure which, in point of fact, narrowed and contracted their authority. It was impossible to ordain any by-law that would not, in some degree, narrow or restrain some power that was more wide and extended before. There was no possible case, in which a new law would not have this effect. The question then was, did the existing law

narrow or restrain any substantive power for which provision was made by the statute? If it did, then the old by-law was illegal; if it did not, then there was no necessity for the new one. Now he certainly had heard nothing which could induce him to suppose that there was any such conflict between the statute and the by-law, as rendered this alteration just and proper. He had thrown out these observations, merely to call up those, who having given the subject more consideration than he had done, would be enabled to shed more light upon it. For many reasons it was most important that the question should be fully canvassed. If the old law did not appear to be illegal, it ought to be suffered to remain on their books; for, in all cases, it was very important to preserve forms of this kind, in order to prevent persons (sometimes for good purposes, sometimes with mischievous views) appearing precipitately as candidates for important situations. If this course were not pursued, very few means would be left to guide the proprietors in coming forward to vote for persons by whom such a considerable duty was to be performed.

The hon. W. F. Elphinstone said, when a similar proposition was made a year and a half before, he had strenuously opposed it, because he felt, with many other gentlemen, that the passing of a new law was not only unnecessary, but that it would be most mischievous. He was still of the same opinion; and he now asked the question, which he had put when the subject was before discussed, "What advantage is to be derived from the alteratión?" One gentleman attempted to answer him, and stated, that the reason for making the alteration was this, that, if he wished to vote for one particular individual, he could not, under the existing law, coufine his suffrage to that person; he was obliged to vote for many, some of whom he might dislike. But it appeared to him, that there were strong and solid. objections to the new by-law; and here he spoke his own individual opinion, not that of the court of directors. In the first place, it went exactly to produce that corruption which an hon. proprietor (Mr. Hume) had described and deprecated. It went very much to support the system of offering and receiving money for votes. For, if it were worth a gentleman's while to give £30 or £40 for à vote, in common with five or six other candidates, it would certainly be much more worth his while to do so, when he was sure of getting a plumper. But, under the existing system, the proprietor was not obliged to vote for a number of obnoxious persons. He might insert in his list those whom he wished to be elected, and fill it up with his own name, and those of a few friends,

and there was an end of the matter; so that the new provision was hardly worth contending for. He confessed that he really was not a friend to alterations, unless some good cause were shewn for them; and certainly none that he had heard stated had convinced him of the necessity of that which was now attempted. A by-law, precisely the same in principle, had existed for one hundred years before it was altered. By that law it was ordained, that the list should contain twentytwo names, or else it was rejected as a bad one. By the last alteration, which took place in 1795, five names were made sufficient to constitute a valid list, instead of twenty-two. Now, he would ask of gentlemen to point out what well-founded objection could be advanced against the law. If they could state such an objection, he would be satisfied, and he would give it up; if they could not, he must conclude, that they proposed the alteration, merely for the sake of innovation, for the pleasure of new-modelling an oldlaw, from which no ill consequences had ever resulted. With respect to what his hon. and learned friend (Mr. Twiss) stated, on the subject of the seven days' notice, he entirely agreed with him. It was most necessary that the custom of giving notice should be continued. That system afforded the proprietors an opportunity, for seven days, of considering the cha.. racter and qualifications of those who set up for the direction, and much good must arise from it. But, if gentlemen would fairly look to the proposition, they would at once see the reason of it. It was supposed, that the new law would have the effect of pinching the directors at their election. That was the fact. The regulations made on this subject did not appear to have had the best effects. When he first came into the direction, it did not cost him £60. But, now-a-days, the expense was £600 or £1000. In one instance, last year, it had cost a gentleman £800. As things were now carried on, the man who made it his business to run about, and solicit votes, had the best chance of being elected a director. Another thing was worthy of notice. The candidates had now committees to carry on their elections; and, instead of leaving it to the proprietors to consider the qualifications of persons who offered themselves for the direction, their agents ran from the committee, pressing themselves into the houses of the proprietors, and canvassing wherever there was a chance_of a vote. Many proprietors said, "For God's sake, shut my door! Don't let an India director come near me." conclusion, the hon. director said, that the new law could not be of any possible use but that in his opinion, it would do great deal of harm. He should there

In

fore vote as he had done eighteen months ago, for the continuance of the by-law as it stood.

Mr. Lowndes said, it appeared to him, that confining the candidates to five or six, was done merely to put a head to the house list. The persons so nominated were always the six who had gone out some time before. Now, the permitting a seventh name to be inserted, was of this use, that if any objection appeared against any one of the six, a seventh gentleman might be started in opposition to him. If they confined the number to six, what was the consequence? The gentlemen on the other side of the bar foisted on the proprictors those six persons who had already served, although several of them might not have given satisfaction. He was proud to say, that he was one of the first who objected to this house list. He objected to it, when for the first time he believed in twenty years, the proprietors had an opportunity of bringing forward a candidate of their own, and plac

ing him in the direction. The directors had an advantage in proposing six candidates, and the same when they proposed five. By that means the proprietors were prevented from starting three or four horses instead of one. In consequence, at the end of every four years the same gentlemen were returned.

Mr. Lowndes was for the amended law, which did not confine the candidates to five or six, but provided for as many horses as the proprietors choose to start, and, amongst a great many candidates, they stood a chance of procuring a good It was the most wholesome bylaw that was ever framed for the benefit of the Company, and if the directors behaved well, they would always be reelected at the end of the regular period.

one.

Memoir relative to the Translations of the Sacred Scriptures, at Serampore, March 1816, concluded from page 612, Vol. IV.

We now proceed to particularize the various languages which are spoken in Hindoostan, including those in which, at the date of this memoir, we had not commenced a translation, as well as those wherein a translation was then begun. In examining these languages, it will assist the reader if we give as a specimen, the Lord's Prayer in each of them; not indeed in the Indian characters, but spelt in one uniform method in English letters. In these specimens, two things will deserve notice; the various words including the pronouns, which constitute the identity pervading these languages; and the terminations, which form the specific difference between them. The pronouns in almost all these languages are radically the same; if we, therefore, He,

1

2 Swurga,

(Pita,

5 Nam,

Manya-huook, be regarded. . be.

S Prithibee,

select the words which occur in the specimen of the Lord's Prayer in the Bengali and Hindi languages, exclusive of the pronouns, and trace them in the other specimens, it will enable us to see how far these languages really agree; after which, any one who compares the specimens with each other, as diversified by their peculiar terminations, will be able to judge how far they form distinct languages.

As the Bengali is a leading language. among those collateral branches which contain the greatest portion of Sanscrit, and the Hindi a leading language among those which admit a certain mixture of Persian words, it will greatly assist us in forming our judgment of the rest, if we carefully examine the Lord's Prayer in these two languages first. In examining these, we find, that, independently of the pronouns, they contain the following words:

} the earth.

will.

23 Pureeksha, temptation, trial. 24 Luoayio, lead.

12

Dooniya,

4 Bap,

heaven. abiding. Father. . name.

13

1sta kriya, Khatirkwa,

25

26

Na, Mut, J Kintoo,

15

Udya,

but.

Lekin,

Aj,

(Apud,

Nitya,

27

proper for life.

Booraee,

Bhukshya, Khorak,

:}

Poritran k.

Chhorawo,

18 Deo,

Ebung,

Kyo unki,

19 0,

Our, Rindhar Kurujdhar,

:}debtor,

Humesha,

22 Rin,

⚫ debt.

32

Mahutum,

glory.

(Agmon huook, coming be.

Suda-surbukhshune, ever.

always.

power.

In this list of words, where two are given to denote the same thing, the first word is that which occurs in the Bengali specimen, and the other, (that in italics), the word occurring in the Hindi specimen where only one is given, it is radically the same in both.

66

The words in the Hindi specimen amount to thirty-two; but those in the Bengali specimen are thirty-four, as two phrases are admitted to express the adverb "so," temun and sei muta, and two words, ebung and 0, to express the conjunction and." Of the words in the Bengali specimen, all are Sanscrit with the exception of maf, forgive, which is a Persian word, but so common in Bengali, that it would be nearly as fastidious to reject it on that account, as it would be in an Euglish writer to exclude the word character, because it is pure Greek. Of the thirty-two words in the Hindi specimen, about six are of Persian, or, more properly, of Arabic origin.

The

rest are either radically the same with the corresponding Bengali terms, as jissa tissa, &c. or they are Sanscrit words which have obtained a greater degree of currency in Hindi, than the corresponding Sanscrit words found in the Bengali specimen. This will be found to be the case in others of these cognate languages.

Having thus given the words in the two leading languages, we proceed to examine the others, beginning from Kashmeer, the most northern province in Hindostan, and taking the western side along the Indus; then adverting to those spoken in the middle provinces, from the Punjab to Bengal; afterwards noticing the languages on the eastern side of India; and finally, those spoken in the Decan, (Dukshina) or the south of India.

3. We begin with that of the Kashmeer. In the specimen of the Lord's Prayer given in this language, the reader will find at least twenty-five of the thirty-two words given, radically the same with those occurring in the Bengali and Hindi specimens; he will, however, find some of them considerably altered. Thus ruhnewale, he remaining, is changed to roojnwali; awe, come, to yiye; rin, debt, to roon, &c. But besides these twentyfive words, several Sanscrit words occur which are common in Bengali, though not admitted into the Lord's Prayer, as, of two or three synonymous expressions, one alone could be chosen. Such are trowiw, save, in Bengali tarao; pureechhay, trial, temptation; muhima, greatness. The verb "huo, he," is here metamorphosed into chho.

4. The next, proceeding eastward, is the Dogura, which is spoken in a mountainous country, reaching from Kashmeer to Almora on the north west, and ending

Of

a little distance west of Hurdwar. the thirty-two words in the specimen, twenty-five are radically the same, and used in precisely the same meaning. The vocative particle He, is, however, changed to E, and bap is changed for bub. Several others of the words also are Sanscrit, as busne, dwell, Bengali, busun, to sit; jugut, the world, in Bengali the same; and pookha, temptation, probably the same with the Bengali pureeksha.

5. The next, as we proceed westward, is the Wuch, (the Ooch of Arrowsmith), which country lies on the eastern bank of the Indus, and extends from the Punjab to Auch. Of the thirty-two words in the specimen, twenty-six are radically those found in the Bengali and Hindi specimens ; but pita is changed to pioo, and dena to dewun. If the whole specimen, however, be compared with that in its sister language, nearly every word will be found to differ somewhat in sound from the corresponding words therein, so that a Doogarese translation of the Scriptures must be nearly unintelligible to a native of the Wuch country, and vice

versa.

6. Still farther west, on the banks of the Indus, we come to the tract of country in which the Sindhee language is current; which extends from the Wuch country to the shore opposite Naryee. Of the thirty-two roots in the specimen, twenty-four agree either with the Bengali or the Hindi: several changes are made in the words, however, by the peculiar genius of the language; thus pitu father, is pit; jemun, as, is juhuta; and temun, so, tuhuta; churdeo, forgive, is chhuda; and booraee, evil, buchhree.

7. Farther south, but adjoining this country, there is another language spoken, which we term the Southern Sindhees and the terminations of which differ from the Sindhee just mentioned, in almost every instance. Of the words in the Bengali and Hindi specimens, twenty-four may be traced in this, as radically the same; but here bab, father, becomes bhabba; jemun, as, jeena, and temun, so, teena, &c. Besides these twenty-four words, however, several Sanskrit words occur which are common in Bengali; thus bihun, residing, is the same with busun; moonda, evil, in Bengali is munda; and prutapoo, energy, power, is the Bengali prutap.

8. The Kutch. Proceeding southwest, we come to the Kutch country, by Arrowsmith written "Cutch." In the Kutch we can trace twenty-four words of those in the Bengali and Hindi systems. Pita, however, here becomes pi; jemun, jedo; and temun, tedo. Khada is the Bengali khadya, food, things which can be eaten. Compared with either the western