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lefs, and two or three cafes were fufficient to fhew that British law administered to the natives, without attention to their customs and opinions, would prove intollerable. I have already obferved in what degree, by the act of 1781, Parliament reduced the jurifdiction of the Supreme Court of Judicature, on the general opinion of British ftatute law being inapplicable to the manners of the Eaft; it only remains to state the modifications of the native courts, profeffedly to connect the administration of justice of the country with the realization of the revenues.

It was proposed in 1770 to veft the revenue caufes exclufively in the Provincial Council, and thereby distinguish the jurisdiction of revenue caufes from the jurifdiction of the Civil Court of Dewannee Adaulet and Fougedarry or Criminal Court, both newly modelled; but the acknowledged oppreffion of the Reyuts or Pottah holders was fo great, that Mr. Haftings appears to have thought it impoffible for the

* Page 346.

provincial council to do them justice and manage the collections, and therefore to have given the cognizance of exactions not warranted by Pottahs or leafes to the court Adaulet Dewannee Zillagaut*. In 1780 the administration of juftice was feparated from the control of the revenues; but in fome diftricts, as at Chittrah, Boglepore, Islamabad, and Rungpore, the collectors for the time being were made the judges in the courts Mofuffil Dewannee Adaulet in 1781, the period of the increase of the courts of Adaulet and of the establishment, which continued during Mr. Haftings' administration; it would therefore appear that the juftice of the country was fufficiently dependant on the revenue, but it did not prove fo: the criminal jurifdiction had been at all times diftinct from the civil, and a collector, alfo judge, both of civil and revenue caufes, might be embarrassed by the chicanery of the Fougedarry or Nizam's courts, if a native chanced to incur the penalties or wilfully claimed the jurifdiction of the criminal court to avoid op

* Plans for British India, p. 114.

preffion or complicated civil process. It was by no means impoffible that one manufacturer, being alfo cultivator of land, as they moftly are, might have a Peon in pursuit of him at the fuit of the receiver for rent; another on a civil fuit in the Dewannee Adaulet, of which the collector was judge; another at the fuit of the commercial agent, for the produce of his labor as manufacturer, to which private British and foreign companies, and individuals also, often inftituted concurrent claim, on account of their advances of cash to the manufacturer, which they followed up by arreft, on their own authority, though generally under the claim of privileges, exercifed under the Phirmaund of the Mogul. It is clear that half-finished clothes cut from the loom cannot fatisfy the juft claims of the trader, and that it matters not whether an exchequer, or a civil or a criminal meffenger, arrefts, fuch delinquent must be ruined, and the administration of justice is endangered either by its fubferviency to revenue, or by oppreffive and indefinite concurrent jurisdictions, incompatible with European or Mahomedan policy.

When Parliament had curtailed the pretenfions of the Supreme Court of Judicature in 1781, these embarrassments in the native courts were confidered; the Fougedarry and Tannadary establishments were abolished; and civil judges, being Company's covenanted fervants, were appointed to act as magiftrates, to apprehend perfons charged with the commiffion of wrong, or crimes, or acts of violence, but were required to make reports unto a department of the Presidency under the control of the Governor General; and in this ftate the courts remained till 1787, when, according to Sir John Shore's fyftem, the collectors were made judges of Dewannee Adaulet, and magiftrates with Fougedarry jurisdiction, judges of petty criminal caufes, to inflict corporal punishment, or to impofe fines on the offenders +; and his power extended to the commitment of Zemindars or landholders for breach of the peace, or connivance at the fame ‡. This gave the full

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Art. 13 Regulation of Fougedarry or Criminal Courts. Calcutta, 1787.

measure of power to the collector of revenue, making him party and judge in revenue caufes, and uniting in his person all the civil, and great part of the criminal, juftice of his diftrict; but the jurisdiction of the Nazi was ftill oftenfible, for the magiftrate arrested, and muft fend to jail, but he had not permiffion to release him if the examination convinced him of the prifoner's innocence. By the regulations of 1787 the collector was to become a check on the Fougedar, or Nazim, and the collector's representations against his negle& were to be tranfmitted to the Governor General, who was to reprefent thereon to the Nazim +: the reports of the Fougedarry collectors foon convinced the Marquis Cornwallis of the neceffity of more prompt and impartial justice, and he proposed the meafure of removing the Nizamut Adaulet, or chief criminal court, from Moorfhedabad to Calcutta, and to inftitute courts of circuit, three for Bengal and one for Bahar; each

note.

Sketch of late Arrangements, p. xxi. Mr. Law's

+ Tenth Regulation of Fougedarry or Criminal Court,

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