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produces, and to give employment to four times the shipping which now visits its port. In the brief space of twenty years we have transformed this pestilential swamp into the granary of the Bay. All that is required for the province is the continuance of peace, and some amelioration of the climate. Government has given its most generous and liberal support to every scheme hitherto proposed for bettering the condition of the stations and improving their salubrity. The past season was marked by particular, and, we believe, rather unusual unhealthiness. The province was subject to one of those periodical epidemics, from which no country is entirely exempt, but which are particularly formidable within the tropics. The disease attacked equally the natives of the province and the foreign residents; but we are happy to learn, from the last accounts, that it had greatly subsided, and that of 420 prisoners in the jail of Kyouk Phyoo, only 30 were on the surgeon's list. When we consider the beneficial change which has been made in its climate, by clearing away jungle, removing nuisances, and promoting cleanliness and ventilation, there is no reason to despair of its becoming as healthy as any other district situated on the sea coast, and of its being eventually found as favourable to the health as it is conducive to the sustenance of man.-Friend of India.

LEGAL PROCEEDINGS.

APRIL 30.-Abraham Fabian v. Thomas L. Walter and Others.-This was a bill in equity by the executor of one Frederick Fabian, to recover the amount of a policy on his life, which had been paid over by the Laudable Insurance Society to Walter as the assignee, registered transferee, and holder of the policy on Frederick Fabian's death; but which complainant contended ought to have been paid over to him as executor.

Mr. MORTON and Mr. FULTON, for the complainant, contended that the assignment of the policy was made by the deceased to Walter, only by way of security for a loan, and not by way of absolute sale, and that this was shown by the amount paid by defendant to Frederick, which was only 10 per cent. on the whole amount of the policy, and also by the fact of the deceased, being then a young man, and the assignment being made within three weeks after the policy was taken out, which shewed that it could not have been meant as a sale, for the policy was then valueless in itself; but to secure the repayment of money lent, and that this also was clearly proved by the evidence, and that complainant was therefore entitled to payment over of the balance, after deducting the amount of the loan made by the defendant, Walter, to the deceased. The complainant also claimed in case of Walter being unable to pay so against the Laudable Society for any deficit, as they had paid wrongfully to the defendant, Walter, after notice.

Mr. CLARKE and Mr. MONTRIOU for the defendant, Walter, contended that it was an absolute sale and not a loan, as proved by their evidence and by the deceased having gone in person to the office of the Laudable Society, and registered the assignment, and not having any document or undertaking to show that it was merely a pledge, and that Walter had himself paid the premium since then.

The ADVOCATE-GENERAL and Mr. SKINNER, on behalf of the Laudable Society, contended that they were unnecessary parties to this suit, and were compelled to pay over to Walter by the terms of the original policy, by which the society were bound to pay to Frederick's executor or assignee,-that the assignment had been duly made and registered by the deceased himself, in their books, deceased paying the usual fee for the registry, and there being no mention at any time of any pledge; but it had been always treated by deceased as an absolute assignment, and that the defendant, Walter, had since then paid the premium himself. That they were thus bound to pay to Walter, and would have had no defence to an action by him, and that even an interpleader suit would not have been maintainable, and that even if complainant's story of its being a mere pledge be true, still, even according to their own shewing, the money must be paid to Walter, in the first instance as pledgee, as he was entitled to receive the money, and deduct the amount of his loan, before paying the balance over to complainants.

The Court reserved their judgment.

MAY 3. PEEL, C.J., this morning delivered the judgment of the Court. Their lordships were of opinion, on the question between Fabian, the executor of the policy-holder, and Walter, the assignee, that the evidence in favour of the plaintiff greatly preponderated. The result, therefore, was that the assignment must be taken to have been by way of pledge merely, and not by way of absolute sale. Then arose the question between the plaintiff and the Laudable Society. It had been argued that the Laudable Society had nothing to do with the conflicting claims of the assigner and assignee,—that they were not only justified in paying,

but bound to pay to the registered assignee ;-that they would have had no defence to an action at his suit, and that, under the circumstances, an interpleader suit would not have been maintainable, as the registration amounted to an attornment, and absolute acknowledgment of his title.

Now the Court having decided the question between Fabian and Walter in favour of the former, the claim of the latter must be viewed as an unfounded, if not fraudulent claim, and as a repudiation of the trust to such an extent as to dispense with the necessity of any tender on the part of the assignor. There had indeed actually been an offer to pay whatever balance might be found due by the assignor's representative, the complainant in the suit; but that offer would not have amounted to a good tender had a strictly legal tender been necessary. The tender, however, was not necessary, the heir being discharged even at law, by the setting up of a claim inconsistent with it. Then what was the duty of the Society, having notice of these conflicting claims? The Court did not at all accede to the argument that an interpleader suit would not have been maintainable. Prima fiacie, that seemed the legitimate course for the holder of a fund to adopt, in a case where a contest arose between the assignor and assignee of such fund. But it was not necessary to decide the question. At all events, the Society having notice of the counter claims, was bound to suspend payment, at least for a reasonable time, to enable the assignor to obtain an injunction. Whatever actions were brought, must clearly have been brought in the assignor's name. The registration of the assignment did not operate as a transfer of the legal interest. The Society, however, had chosen to pay at once to the assignee, although the probabilities were at least as much in favour of the truth of the assignor's story. Then, having done this, after notice, they must be taken to have done so subject to the risk of such payment proving (as it now proved) to be an unauthorized payment. The decree, therefore, would be in the first instance that the defendant, Walter, pay and make good the surplus monies, after deducting the debt due to him, and in the event of his failing to do so within two months, that the Laudable Society do pay the same (or the deficit) to the complainant. There would be no necessity for a reference to the master, if complainant's counsel would agree to the deduction at once of the maximum sum claimed as Walter's debt.

Mr. MORTON at once agreed to this. [The surplus was accordingly taken, by consent at Co. Rs. 3,500.]

The ADVOCATE-GENERAL asked that the Society might be allowed to deduct their costs. Had they filed an interpleader bill, their costs, as of course, would have come out of the fund.

Mr. MORTON submitted that this was a most unprecedented application. In the first place, the Society's costs were vastly greater in this suit than if they had filed a bill of interpleader. But, independently of this consideration, had it ever before been contended that a party who would have been entitled to costs, if he had pursued a particular course, was entitled to claim them because he had wrongly pursued a different one.

The complainant had not asked costs against the Society, because he had never supposed that they would ask for costs; but there would be infinitely more justice in their paying costs. PEEL, C.J., reserved this question for future discussion. Decree accordingly.

PETTY COURT.

MAY 5.-J. C. Turner versus Rev. H. Thomas, W. Ryland, and Mr. W. Wallis sen. Trustees of the Old Church.

This was a case in which Mr. Turner, formerly organist of the church, claimed 100 Rs being instalment for March, of a monthly allowance to that amount granted to him by a written resolution, for eighteen months; which had been paid for two months but was now refused. Mr. Sandys, for the defendants, objected that the three persons summoned were not trustees of the Church, but afterwards waived the objection, and allowed the trial to go on. He then stated as his objection that the agreement was not of such a nature as to found a claim upon, no consideration being shown for which the money was promised. The Plaintiff put in a letter from Mr. Eville, assistant sceretary to the trustees, of prior date to the resolution, in which they agree to take into consideration at their next meeting, Mr. Turner's claim to a pension on the plea of having served them sixteen years. The commissioner did not seem to think that this met the objection made by Mr. Sandys, the attorney of the defendants, which however he thought was not a proper objection, and one which Mr. Sandys would not, he was sure, have made in his private capacity.

Mr. SANDYS. That is not in fact the real objection, the real objection is that in consequence of certain steps taken by the complainant, government had curtailed one-half of the usual. allowance granted to the Church, and the funds are unable to

WSPAP

meet the expenditure. A reference had been made to the government to restore the full allowance, if that be granted, the pension will again be renewed.

MR. WYLIE, COMMISSIONER.-The promise must have been made with reference to the chances of increase and decrease of funds, and the objection is one which a public body ought not to make. I am often on committees, and should be sorry to evade a responsibility in such a manner. However, the obligation is only a moral one, and cannot be enforced in this Court.Non suit.-Englishman, May 7.

MISCELLANEOUS. LOCAL.

CAPT. JOHNSTON.-We learn that Capt. Johnston's departure for Europe has unavoidably been deferred until next month, when he will proceed on the Bentinck.-Hurkaru, May 4.

HIGHLAND RELIEF FUND.-We are glad to hear that the sum of 500l. more was remitted by the last steamer from the Highland Relief Fund. The total sum remitted from Calcutta now amounts to 7,6007 From Cawnpore, Delhi, and Umballa very nearly 2,000l. more have been sent, and several persons have privately remitted subscriptions to a considerable amount, some of which went before public subscriptions were commenced in India. Altogether about 10,000l. have been sent home from this presidency for the Scotch. The bishop's collections for the Irish and Scotch exceed, we believe, 14,000 rupees, but we have not heard whether the amount will be divided here, or be remitted to the London committee to be divided according to the proportion which is said to have been settled by it, namely five-sixths to the Irish and one-sixth to the Scotch, We have not heard how much altogether has been remitted to the London committee by the Irish and Scotch funds at Madras, Bombay, and Ceylon, nor how much has been sent already by the Calcutta Irish Relief Committee, but the liberal spirit which the community generally have exhibited is extremely honourable, and will be very encouraging to the friends of the distressed at home.-Ibid. May 5.

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MARCH OF IMPROVEMENT. We learn from a party who ought to know about the matter, that the young Raja of Burdwan, has introduced a novel system of management in his estate. Hitherto, the vast Zemindaree appertaining to the Raja, used to be conducted through the usual agency of Bengalee sircars, mohurers, &c., and according to the old native system which obtains all over the country. But the young occupant of the Burdwan guddee, has abolished the ancient and universal plan of management, and discharged the Bengalee agents who belonged to the establishment, and in their stead, appointed a "Board of Commissioners," composed of young men from the Hindoo College, to be retained on handsome salaries, and entrusted with the entire management and supervision of the Raja's affairs. This is assuredly, a notable instance of the march of improvement.-Ibid. May 6.

THE TWO-ANNA SILVER COIN.-The authorities seem disposed that this beautiful and convenient little coin should obtain as extensive a currency as possible. With this view, quantities have been exported into the interior and upper stations. Not long ago, one of the steamers conveyed a very large amount of it to be delivered at the Allahabad treasury.-Ibid.

MUSIC CLASS AT THE HINDU COLLEGE.-On Monday last, Mr. Samuells, Dr. Mouat, and Rajah Radhakunt Deb were deputed by the managing committee of the Hindu College to report upon the state of the newly established music class in that institution; and we have heard that the above mentioned gentlemen expressed themselves as highly gratified at the progress the students have made in the study of this interesting art.-Ibid. May 8.

THE COMPLAINT AGAINST AN ATTORNEY.-Some days ago a party made an application to the supreme court in his own proper person and not by counsel, involving certain charges of a grave nature against an attorney of the court. The chief justice directed that the papers and statements put in should be examined and reported on by the court officer. Sir Thomas Turman, who was at the time acting for Mr. Holroyd, looked into the matter, and appears to have found enough contained in the documents to warrant investigation. The chief justice has on this report, as we are informed, directed the pauper's attorney to bring the case on in proper form for enquiry, which in all probability may come on to-day.-Ibid.

SCHOOLMASTERS.-We understand that at the recommendation of the Inspector of Schools and Colleges, the government of Bengal have lately passed an order allowing full salaries to all schoolmasters for the period they may be absent from their duties in order to undergo examinations at the central colleges for promotion. This indulgence will, no doubt, induce many of them

to come down to Calcutta to have their qualifications tested by the committee, with a view to obtaining higher situations. — Ibid. May 10.

MOFUSSIL.

AJMEER.-Doongur Singh.-A Chase.-The following, which holds out hopes of the ultimate capture of Doongur Singh, is the latest we have from our native correspondent in Shekawatee:"Seekur, 22nd April.

"I have learnt by a letter from Ajmeer, that Captain Forster, who has been in Beekaneer hunting after Doongur, has been most active in his operations in trying to catch the dakoo, marching 40 and 50 miles some days through deserts where neither grass or water are procurable. He has, it is reported, succeeded in catching about fifty of these men, amongst them it is said are some of the very men who escaped with Doongur from the Agra gaol. The cavalry with captain Forster deserve much praise for all they have done. It is added that Doongur has now not more than fifty or sixty men with him, the rest having dispersed, also that he has quitted Jaisulmeer and found his way back to the neighbourhood of Kishenghur and Ajmeer. Captain Forster has followed him up closely, and it is to be hoped he will be successful in seizing him and all his people, or in dispersing the whole of them. If the police exert themselves the

thing will soon be done."-Delhi Gazette, April 28.

A letter from Ajmeer tells us that all trace of Doongur having been lost, Captain Forster, whose exertions are spoken of in terms of high commendation, and must have been successful had he been seconded as he ought to have been by his allies, is on his way to Joonjnoo with his detachment. It is now known that the dakoit chief actually passed a night at Ajmeer, and took his departure the next morning without the local authorities knowing anything about it. This is evidence of gross negligence, or gross corruption, on the part of the police, which ought to be severely dealt with. It was known that Doongur was on his way to Ajmeer and Kishenghur, and the smallest attention on the part of the native functionaries would have prevented such a bearding of the lion in his den. It is understood that if the chief be not seized before the setting in of the rains, which seems highly improbable, Colonel Sutherland will himself proceed, with detachments of the contingent in Rajpootanah, in pursuit. Will not this be going to the other extreme of the course lately pursued by the agent? He ought, in our opinion, to have remained on the spot to have directed the operations, and his presence might have awed the allies into a something like efficient co-operation, but to turn thief-catcher himself will surely be rather beneath the dignity of his office.-Delhi Gazette, May 1.

BENARES.-Weather.-Strong westerly winds. Thermometer ranging from 90 to 96 degrees. A sensible change has taken place for the better. There is considerable abatement of the violence with which the measles and small pox were raging. Arrival.-April 28, Mr. Prowett, from Calcutta. Departures.-April 28, Captain J. Fendall and Mr. Prowett, to Allahabad, and Captain J. Clarke, to Patna.-Recorder, April 30.

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Weather. On the 2nd a heavy bank of clouds passed from the north to south-west, charged with rain. Distant thunder was heard, and a storm of wind and slight drizzling passed over the city and station from the south-east, where, evidently from the cool breeze, there must have been a good fall of rain.

3rd May. — Westerly winds again; thermometer ranging from 86 to 92 degrees within doors.

Arrivals.-April 30, Baboo Essen Chunder, from Ghazeepore, and Baboo Rewteram, from Calcutta; May 1, Captain J. Anderson, from Burdwan, and Lieutenant Richardson, from Cawnpore.

Departures.- April 30, Baboo Essen Chunder, to Mirzapore, Lieutenant Norton, and Baboo Rewteram, to Allahabad; May 1, Captain J. Anderson, to Allahabad; 2nd, Lieutenant Richardson, to Dinapore; 3rd Lieutenant W. Mulcaster, to Allahabad. -Ibid. May 4.

BURDWAN.-New Mission Church.-The foundation stone of a a new Mission Church, to be called Christ Church, was lately laid in the Burdwan Mission Compound, by A. Smelt, Esq., the judge of the station. The European residents and Native Christian congregation were present, and it was an interesting and touching ceremony. When the hymn beginning

Thou whose almighty word Chaos and darkness heard, And took their flight, Hear us, we humbly pray, And where the Gospel day Sheds not its glorious ray, Let there be light!

was struck up by a goodly number of melodious voices, it was quite touching, and a deep solemnity seemed to pervade the whole assembly. The most devout attention was paid to the prayers, psalms, and address, which followed, and all was concluded by a hymn of praise in the Bengalee language.

Thus we have another cause for encouragement and thanksgiving in our labours of love. A new temple to the living God is now fast rising in one of the Church Missionary Society's stations in North India, which will, it is hoped, be filled with a devout congregation of faithful worshippers. Its dimensions are to be 75 feet long by 30 broad, and a tower and spire are included in the plan. It will be a simple chaste gothic building, with pitched roof and porches for entrance,-quite ecclesiastical in appearance, and well situated in almost the centre of the Mission Compound,-yet so near the great Benares road, which runs through Burdwan, as to be a conspicuous, and we will hope an inviting, object to those who pass along.

The estimated cost is 7,000 rupees, a fair proportion of which has been collected from friends in India and England. A grant of 1,000 rupees has also been obtained from the church building fund, and for the remainder a very earnest appeal is now made to the Christian liberality of those friends of Missions with whom is the silver and the gold.-Friend of India.

JESSORE. It is said that the Jessore Government School will soon be given up, as the insalubrity of the climate of that station has proved detrimental to its prosperity. It would have long ago been abolished, had not Mr. E. Bentall, the judge of that district, tried his utmost to overcome the local difficulties with which it has been contending.-Hurkaru, May 10.

KUSSOWLEE.-The New Station.-We are informed that the new station for European troops in the vicinity of Kussowlee is to be called Kooshalla, certainly a more euphonious name than Dukhsaye, and that plans and estimates for the barracks to be built there have been submitted to Government. We have not heard which corps is likely to occupy the new station, but presume that one of the Meerut regiments will be sent there.Delhi Gaz. May 5.

NARAINPORE.-Fall of Rain during the Month of April, 1847.

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-Hurkaru, May 8.
SIMLA.-Letters from Simla announce the arrival there, on
May 1, of Mr. Thomason, and hint at a rumour that General
Tapp is to be allowed to take his tour on the divisional staff on
the expiration of General Cartwright's command in January

next.

A number of hill chiefs were coming in to pay their respects to the Governor-General, who was to receive them in Durbar in a day or two. "Red tents are pitched in all directions, and chaps in Sikh dresses, who are a little more civil than they would have been two years ago, are met with on every road."Dehi Gazette, May 5.

GOVERNMENT GENERAL ORDERS.

FREE TRANSIT THROUGH A FOREIGN TERRITORY OF PROPERTY BELONGING TO OFFICERS OR GOVERNMENT.

Head Quarters, Simla, April 10, 1847.-The Right Hon. the Commander-in-Chief, under instructions from the Right Hon. the Governor-General of India, is pleased, correspondingly with the provisions of a notification published by the hon. the lieut.. governor of the north-western provinces, to lay down the following rules for the guidance of all military men desirous of securing a free transit through a foreign territory for property belonging bonâ fide to themselves, or to the government:

Whenever a military officer is desirous of securing a free transit through a foreign territory, for property belonging bonâ fide to himself, or to the government, which may be passing from one part of the British territory to another, he should apply to the commanding officer of the nearest military station to the point from which the articles are despatched, or to which they are proceeding, for a pass, in the form A hereto annexed. This pass will be drawn out both in English and in Oordoo, and will be attested by the seal and signature of the commanding officer by whom it is granted. The several political officers are requested to communicate the form now prescribed to the officers of the native states with which they are connected, and to provide that the property covered by such passes shall be exempted from all interference on the plea of customs' duties, or otherwise.

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INSTRUCTIONS FOR

THE PREPARATION OF AMMUNITION FOR THE
TWO-GROOVED RIFLE.

Head- Quarters, Simla, April 12, 1847.-With the concurrence of the Right Hon. the Governor-General, his Excellency the Commander-in-Chief is pleased to direct, that the following instructions for the preparation of ammunition for the twogrooved rifle, drawn up in accordance with the military board's report on the subject, be published in general orders, for the guidance of all concerned.

1st. The ammunition for two-grooved rifles is to be prepared as blank cartridge of 3 drachms of musketry powder in blue paper, made up in bundles of ten.

2nd. The balls to be put up 5 in a string, in small cloth bags, covered with a greased patch of fine cloth, a portion carried in a ball-bag attached to the girdle on the right side, and the remainder in pouch.

3rd. Patches to be made of calico or long cloth, and issued ready greased from magazines; a portion of greasing composition will also be issued with the patches, for the purpose of renewal when required, and instructions for its preparation forwarded to magazine officers by the military board.

4th. The patches to be carefully fitted to the ball, so as to develope the belt clearly, avoiding the least wrinkling of the cloth in ramming down.

5th. The proportion of service ammunition to be as follows:

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and 60 blank cartridges. In garrison or cantonment, and on the line of march, riflemen are to carry 10 rounds with belted balls. 6th. Caps required for immediate use are to be carried in the pocket attached to the ball-bag; no separate cap-bag being required, the general supply or reserve being carried in the tin magazine of the pouch. The nipple wrench to be carried in the pouch, and the other implements in the trap of the rifle.

7th. In loading the rifle great care must be taken that the whole of the powder be shaken from the cartridge into the barrel, and that the paper is not used as wadding.

8th. In magazines the greatest attention is to be paid to the melting of the lead for rifle-balls, the adjustment of the moulds, and the careful removal of the gules or surplus lead formed in the neck of the mould.

9th. Musters of the ball-bag, which has been approved by his Excellency the Commaader-in-Chief, will be forwarded by the military board officers in charge of magazines, from whence they will be supplied on indent to regiments with rifle companies.

ORPHAN SOCIETY.

Fort William, April 23, 1847.—At the recommendation of the general management of the orphan society, a district orphan com. mittee will be formed at the head-quarters of the Punjaub division, with a secretary, in the usual manner, for the transaction, under the standing rules of the society, of all the orphan business of that division.

The Dacca district orphan committee is to be dissolved, the accounts connected therewith being transferred to the district committee presidency division.

STAFF AND WARRANT OFFICERS ENTITLED TO PUBLIC QUARTERS.

Fort William, April 30, 1847.-No. 146 of 1847.-1. Under existing regulations, staff and warrant officers entitled to public quarters, are allowed, when they cannot be so accommodated, the

house-rent of their rank. When temporarily withdrawn for duty with "detachments, or with troops in the field, tentage is passed to them. The latter allowance is also drawn by staff officers vacating their quarters, while on leave of absence, and, in some instances, where such officers are removed from one station to another, boat allowance is admitted on their behalf.

2. To simplify the above regulations, and to facilitate the adjustment of accounts, it is hereby declared that all staff and warrant officers, entitled to quarters, when deprivod of them, from whatever cause, are to draw, for such periods, the tentage of their regimental rank.

3. This rule to operate prospectively, and is not to affect officers at present in receipt of house-rent in lieu of quarters.

COURT MARTIAL.

MR. MATE PILOT GEORGE ARTHUR PENNINGTON.

Fort William, April 30, 1847.-At a court assembled 17th March, 1847, under Act No. 24, of 1845, Mr. Mate pilot G. A. Pennington was tried on the following charges:

First Charge.-Ignorance or negligence in the performance of his duty, in having, on the 21st of February, when in the pilotage charge of the ship or vessel called the Stalkart, caused, or needlessly allowed, the said ship or vessel to take the ground in Garden Reach, below Garden House, and thereby endangered her safety, the same being in breach of the second article of the penal code.

Second Charge.-Highly improper and vexatious conduct, in having by undue interference with the commander and officers of the Stalkart, obstructed the duties of the ship, and thereby caused detention in unloading and lightening the vessel, and in loading the boats sent to her assistance; such interference causing unnecessary delay in getting the ship off. By order, &c.,

(Signed) JAS. SUTHERLAND, Sec. Fort William, 11th March, 1847.

Revised finding on the First Charge.-The Court having maturely weighed and reconsidered all that has been adduced on the part of the prosecution, as well as what has been brought forward on the defence, is of opinion that Mr. Mate pilot George Arthur Pennington, the defendant, is not guilty of the first charge.

(Signed) H. PIDDINGTON, President.

J. J. R. BOMAN, Judge- Advocate. Fort William, Master Attendant's Office,

April 6, 1847.

Original finding on the Second Charge-not guilty. Revised remark on the Second Charge.-The Court desires to record its opinion that the allegations contained in the letter upon which the second charge is based are wholly malicious and unfounded.

(Signed) H. PIDDINGTON, President.

The Court having thus fully acquitted Mr. Mate pilot George Arthur Pennington, and the honourable the deputy-governor of Bengal having been pleased to approve and confirm their finding, Mr. Pennington has been ordered to be released from arrest, and to return to his duty.

By order of the officiating superintendent of marine.
JAS. SUTHERLAND, Secretary.

LIEUT. JOHN AUGUSTUS MACDONALD, H. M. 98TH Regt. Head- Quarters, Simla, April 23, 1847.-At a general Courtmartial, assembled at Dinapore, March 24, 1847, Lieut. J. A. Macdonald, H. M. 98th regt., was arraigned on the following charge :

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For highly unbecoming conduct, at sea, on board the ship Charles Grant, on the 5th November, 1846, in the following instances:

1st. In having addressed Capt. Rainier, of the same regiment, and on duty as captain of the day, in a disrespectful manner, and in having sent disrespectful messages to the said Capt. Rainier.

2nd. In having wantonly trampled upon several of the native crew of the ship, and kicked one of them in the mouth.

3rd. In having quitted his cabin, when in arrest at large, several times, and made water on the deck of the ship on the last occasion, in opposition to the directions of a sentry especially placed to prevent the commission of such nuisances.

Finding.-The Court, having maturely weighed and considered the evidence brought forward in support of the prosecu. tion, together with that adduced on the defence, are of opinion, that the prisoner, Lieut. J. A. Macdonald, H. M. 98th regt., is Guilty of the 1st instance of the charge.

Not guilty of the 2nd instance of the charge, of which the Court acquit him.

Guilty of the 3rd instance of the charge.

And the Court are further of opinion, that the conduct of which they have found the prisoner guilty is highly unbecoming, as set forth in the preamble of the charge.

Sentence. -The Court having found the prisoner guilty as above specified, do adjudge him, the said Lieut. J. A. Macdo. nald, H.M. 98th regt., to be severely reprimanded, in such manner as his Exc. the Right Hon. the Commander-in-chief may be pleased to direct; and, in addition, to loss of regimental rank, by being placed at the bottom of the list of lieuts. in her Majesty's 98th regt., to which he belongs.

Approved and confirmed.
(Signed) GOUGH, General,

Commander-in-Chief, East-Indies.

Remarks by the Right Hon. the Commander-in-Chief.-In promulgating the sentence of the Court, the Commander-in-chief takes the opportunity to admonish Lieut. Macdonald to be most careful in future in his general demeanour, and subordinate and respectful to his superiors.

CIVIL.

APPOINTMENTS, &c.

BEADON, C. to off. as sec. to the bd. of customs, salt, and opium. CAMPBELL. C. H. asst. to mag. and coll. of Sarun, vested with powers, May 5.

CLERK, G. R. perm. to resign the service fr. May 1.
CURRIE, E. to off. as spec. commiss. with the pow. of a jud. of
Sudder Dewanny and Nizamut Adawlut, May 7.

GARSTIN, C. to be a mem. of the ferry fund com. of Bancoorah v. Deedes, May 1.

GOLDING, B. perm. to resign the service fr. May 1, 1847.
GREY, W. to off. as under sec. to govt. of Bengal, May 7.
PLOWDEN, G. to off. as sec. to the sudder bd. of rev. May 7.
SCOTT, R. mag. of Dinagepore, made ov. ch. of off. to Steer
on April 26.

WATSON, W. C. asst. to mag. and coll. of Bhaugulpore, vested with powers of jt. mag. and dep. coll. in that dist. April 28.

LEAVE OF ABSENCE.

DRUMMOND, F. B. leave canc.

HOLLINGS, C. leave canc. fr. April 16. KEMP, F. B. leave canc. fr. April 20. SCOTT, H. 1 month fr. May 15. STAINFORTH, H. 1 mo.

MILITARY.

APPOINTMENTS, &c.

BARWELL, Ens. C. A. 71st N.I. to be lieut. fr. April 1, in succ. to Reid, trans. to inv. estab.

BRISTOW, Brev. capt. G. W. G. 71st N. I. to be capt. fr. April 1, in succ. to Reid, trans. to invalid estab.

CAUTLEY, Maj. P. T. art. on furl. fr. 4th to 5th batt. April 21.
Cox, Lieut. R. 8th N.I. to offic. as exec. officer at Phillour.
Cox, 1st Lieut. C. V. art. fr. 1st tr. 3rd brig. to be adjt. and qr.
mr. to 2nd brig. h. art. v. Warner, April 7.

FORBES, Lieut. col. W. N. eng. to offic. as chief eng. dur. abs. of
Col. Cheap, May 3.

GRIFFITH, 1st. Lieut. J. C. art. posted to 3rd co. 6th batt. April 21. HODGSON, Lieut. C. J. engs. fr. Phillour to the Tehara Canal. HORSFORD, Maj. R. art. posted to 4th batt. April 21.

HYSLOP, Capt. M. 59th N.I. to act as dep. judge adv. at a nat. gen. co. mart. at Bareilly, April 20.

JONES, Lieut. L. B. 56th N.I. to be adj. v. Repton, April 20. KEIGHLY, Ens. J. Sirmoor batt. to be adj. 3rd reg. frontier brig. KINLESIDE, Capt. R. R. art. fr. 4th co. 9th, to 4th co. 2nd batt. MERCER, 2nd Lieut. C. McW. art. posted to 4th co. 8th batt. MOCATTA, Lieut. D. 26th L.I. to act as interp. and qr. mr. to 15th N.I. dur. abs. of Carnegie on m. c.

NICOLLS, 2nd Lieut. J. E. T. eng. to be 1st lieut. fr. April 24, v. Walker, dec.

RAIKES, Capt. R. N. 2nd in com. of 1st regt. cav. Gwalior contingent, to act as adj.

REPTON, Lieut. W. W. 56th N.I. to be adj. to the Nussuree batt. SANDERS, Lieut. col. T. art. posted to the 8th batt, April 21. SMITH, Lieut. F. H. 34th N.I. to offic. as sub-asst. in the stud dep. N. W. P. Haupper, dur. leave of abs. of Brev. maj. Evans. SMYTH, Capt. W. M. eng. to act as superint. eng. lower prov. dur. abs. on leave of Lieut. col. Garstin, or till further orders, May 3. TAYLOR, Lieut. R. Ramghur L.I. to act as jun. asst. to agent to gov. gen. in S. W. front. dur. abs. of Haughton, April 28. WARNER, Capt. W. K. art. posted to 2nd co. 4th batt. April 21. WHITEFOORD, Capt. J. art. fr. 1st co. 2nd, to 1st co. Sth batt. and to com. No. 16 It. field battery, April 21.

YATES, Col. W. A. c.B. to be a brig. 2nd class fr. the date on which Brig. Webber may embark for Europe, April 24. YOUNG, Lieut. J. N. interp. and qr. mr. 33rd L.I. to offic. as dep. judge adv. at a nat. gen. co. mart. at Allahabad, April 19.

PASSED EXAMINATION IN NATIVE LANGUAGES.
LAING, Ens. 17th N.I.
SALE, Ens. 13th N.I.

BARWELL, Ens. 13th N.I.
GRAYDON, Ens. 44th N.I.

LEAVE OF ABSENCE.

ALEXANDER, 1st Lieut. F. art. 6 mo. fr. May 1, to Simla and hills N. of Deyrah.

BECHER, Ens. R. A. 43rd N.I. fr. April 15 to Nov. 15, in ext. to rem. at Deyrah, and hills N. of it, on m. c.

BLAIR, Maj. C. D. c.B. 10th L.C. in ext. to April 5.
BRANDER, Ens. M. J. 40th N.I. 3 mo. fr. May 22, to pres.
BUTLER, Ens. C. J. 54th N.I. fr. May 1 to Sept. 15, to Simla.
DORAN, Lieut. J. 24th N.I. 6 mo. to Simla and hills N. of Deyrah,
fr. May 1.

D'OYLY, Lieut. G. F. 67th N.I. 6 mo. to Simla, and hills N. of
Deyrah, fr. May 1.

ELLIOT, Cornet Á. J. H. 3 mo. fr. April 22, to Simla and hills N. of Deyrah.

FOOKS, Lieut. G. A. St. P. 50th N.I. leave canc. April 19. GIBBON, Asst. surg. A. 3 years, to Europe, fr. day of embarkation fr. Bombay.

GRAHAM, Brev. maj. J. 15th N.I. fr. March 22 to Dec. 1, instead of fr. March 15, to Mussoorie, on m. c.

HOLLAND, Lieut. G. 4th co. 6th batt. art. fr. May 1 to Oct. 15, to Simla, April 19.

HORE, Capt. W. 25th N.I. in ext. fr. April 1 to 12.

IMPEY, Lieut. H. B. interp. and qr. mr. 70th N.I. 6 mo. to Simla, fr. April 15, on m. c.

MACDONALD, Capt. J. 50th N.I. fr. April 1, in ext. to rem. at Cal. until dep. of John McVicar.

MACKINTOSH, Maj. T. 24th N.I. to Europe, on furl.

M'DOWELL, Cornet J. V. V. 11th L.C. 6 mo. to Nynee Tal, fr. April 15.

MONCRIEFF, Lieut. A. P. S. 44th N.I. leave canc. April 19. NISBETT, Lieut. G. Q. 49th N.I. 3 mo. fr. April 20, to pres. PAKENHAM, Cornet G. D. fr. April 22 to July 22, to Simla and hills N. of Deyrah.

REID, Capt. H. A. 71st N.I. to hills N. of Deyrah, instead of to pres. April 15.

REILLY, Brev. lieut. col. B. Y. engs. fr. April 30 to Oct. 31, to Landour.

SHERWILL, Lieut. J. L. 39th N.I. fr. June 1 to Oct. 31, to Dinapore.

STAFFORD, Ens. J. F. 4th N.I. fr. May 1 to Oct. 15, to Hansi. TAYLOR, Lieut. J. H. G. 20th N.I. to Europe, on furl. on m. c. THORPE, Maj. R. inv. estab. perm. to res. at Futtehgurh, April 19. TYTLER, Lieut. J. M. B. F. 9th irr. cav. fr. May 1 to Oct. 31, to Simla.

VINCENT, Lieut. G. F. F. 30th N.I. fr. June 1 to Dec. 31, to Calcutta.

WARDLOW, Capt. James, 24th N.I. to Eur. on furl. on m. c. WATSON, Ens. F. 42nd L.I. fr. May 1 to Oct. 15, to Simla and hills N. of Deyrah.

WILLIAMS, Cornet E. W. 6 mo. fr. May 15, to Mussoorie and Simla.

MEDICAL. APPOINTMENTS, &c.

ANDERSON, Assist. surg. F. M.D. 3rd tr. 1st brig. h. a. to aff. med. aid to 10th co. of sappers and miners at Jullundur stat. April 19. BOND, H. R. to be civ. assist. surg. of E. Burdwan, May 1. CRAWFORD, Assist. surg. J. D. A. B. and M. B. doing duty with Arracan local batt. corps to ret. to Dum Dum, April 22. HORTON, Asst. surg. C. M.D. to proc. and join the Arracan loc. batt. April 22.

SAUNDERS, Asst. surg. G. to med. ch. of 66th N.I. April 17.

PASSED EXAMINATION IN NATIVE LANGUAGES. BASSE, Asst. surg. C. F. M.D.

LEAVE OF ABSENCE.

PHILLIPS, Vet. surg. J. fr. April 30 to Oct. 30, to Mussoorie, on

m. c.

SILL, Surg. H. 3 mo. fr. April 22.

HER MAJESTY'S FORCES IN THE EAST. STAFF.-Lieut. the Hon. J. S. Jocelyn, fus. to be a. d. c. to gov. of Bombay, v. Mildmay, res.

DRAGOONS.-3rd regt. Cornet Campbell, leave of abs.-9th do. Cornet Richards, leave of abs. 6 mo. to hills N. of Deyrah.-10th do. Lieut. J. W. Thompson, passed exam. in Mahratta lang.; leave of abs. to Lieut. C. F. Surties, in ext. to May 31.-14th do. Capt. Clark, to act as paymaster dur. abs. of Rofe; leave of abs. Paym. Rofe, to Kussowlie, on m. c.

INFANTRY.-8th regt. Capt. J. Johnston, and Lieuts. G. E. Baynes, Hartley, Robeck, Garnett, and R. S. Baynes, leave of abs. in ext. to rem. at Mahabuleshwur, to June 14.-21st do. Lieuts. Tonley and Tuke, leave of abs. to hills N. of Deyrah and Almorab.22nd do. Lieut. Harding, to be interp. to Sir C. Napier, in Scinde. -28th do. Lieut. Loinsworth, leave of abs. 2 years to Eng. ; Lieut. H. W. Dennie, passed exam. in Mahratta lang.-29th do.

Asst. surg. Macbeth, proc. to join his corps at Kussowlie.30th do. Leave of abs. to Lieut. Freeman, to hills N. of Deyrah.32nd do. Lieut. S. Reed to be capt.; Ens. Straubenzee, leave of abs. to Nynee Tal.-51st do. Lieut. W. D. Scott, to be Capt. v. Isham, ret.; Asst. surg. Belcher, 2 years to Eng. on m. c.-33rd do. Asst. surg. Fasson, ord. to Ferozepore.-60th do. Maj. Gordon, leave to Eng. 2 years; Capt. J. H. Trevelyan, leave to Bombay.61st. do. Lieut. E. Wickbam passed exam. in Hindoostanee.-78th do. Lieut. Smith, leave to the Neilgherries. 80th do. Maj. Lewis, leave to N. S. Wales, 2 years on m. c.-84th do. Capt. Davidson, 1 year to Eng. on m. c.-86th do. Ens. Mildmay, res. app. of A.D.C. to gov. of Bombay; Lieut. Ellison, leave of abs. in ext. to May 21, to rem. at Bombay.

DOMESTIC. BIRTHS.

ATKINSON, the lady of Asst. surg. Robert J. 9th L.C. d. at Cawnpore, May 2.

BRISTOW, the lady of Lieut. John W. 19th N.I. d. at Nagode, May 2.

CLARKE, Mrs. S. H. s. at Landour, April 21.

DUVAL, Mrs. Walter, s. at Calcutta, May 4.

FAGAN, the lady of Capt. G. H. eng. s. at Debroogurh, April 13.
FORD, Mrs. Wm. d. at Calcutta, May 6.

GREGORY, Mrs. Robert, d. at Calcutta, April 27.
HODGSON, the lady of Brian, s. at Simla, May 1.

METCALFE, the lady of H. C. s. at Comillah, May 3.

PLACE, Mrs. F. W. d. at Delhi, April 19.

SKINNER, the lady of C. B. s. at Chowringhee, May 8.

SWINLEY, the lady of Brev. maj. G. H. art. d. at Loodianah, May 4.

TUCKER, the lady of H. C. c.s. d. at Goruckpore, April 28. WILCOX, the lady of Capt. Joshua, 4th N.I. d. at Delhi, May 7.

MARRIAGES.

ABLESS, John Thos. to Mary Ann Nerius, at Calcutta, May 1.
LINSELL, G. J. to M. C. Boyd, at Durrumtollah, May 4.
POND, Major James R. 1st Eur. fus. dep. asst. adjt. gen. to Maria,
d. of Major R. R. Hughes, inv. estab.

VINCENT, Albert, to Mrs. Johanna Pereira, at Calcutta, May 1.

DEATHS.

ABADIE, Arthur L. s. of L. P. at Calcutta, aged 1, May 3.
BENNETT, Cleora E. d. of Capt. T. H. at Howrah, April 19.
BODEMAN, A. of the Maid of Julpha, at Calcutta, May 8.
DE BEAUFORT, infant s. of E. P. at Calcutta, aged 11 mo. May 2.
DUVAL, infant s. of Walter, at Calcutta, aged 5, May 8.
EDWARDS, infant d. of Capt. Charles, at Calcutta, April 24.
FAGAN, Fanny, wife of Capt. G. H. eng. at Debroogurh, April 13.
FAITHFUL, Wm. W. s. of R. W. 9th L.C. at Bareilly, April 28.
HOWELL, Maynard W. s. of W. M. at Moozufferpore, aged 1,
April 25.

MCDONALD, Charles Wm. at Chittagong, aged 25, March 20.
MILLER, Margaret, wife of J. W. at Howrah, aged 49, April 27.
RACEY, Thomas, at Meerut, aged 55, April 22.
VERSAILLES, infant d. of W. H. at Purneah, aged 2 mo. April 29.
WALKER, Lieut. Reginald John, eng. April 24.

SHIPPING. ARRIVALS.

MAY 3. Lady M'Donald, Bennett, Mauritius.-4. Champion, Barker, Mauritius; Rajah, Boyd, Mauritius.-5. Maid of Julpha, Shilstone, Mauritius; steamer Bentinck, Kelloch, Suez.-6. Krishna, Fell, Coromandel coast.-7. Nith, Smith, Liverpool; John Dalton, Bateson, London.

PASSENGERS ARRIVED.

Per Rajah.-Mrs. Boyd; Messrs. Woodward, D. Fairweather, and Stopper.

Per steamer Bentinck.-Mr. Simson; Mr. Prinsep; Mr. M'Chlery; Mr. G. D. Hay; Mr. Paul; Mr. Cunliffe; Captain Boscowen; Mrs. Boscowen; Mrs. Boothby; Mr. Wingate; Mr. Hughesdon; Mrs. Hughesdon; Mr. Foureroy and servant; General Sir J. Thackwell and servant; Dr. and Mrs. Frankling; Mr. Campbell; Rev. Mr. and Mrs. Lewis and infant; Lieut. Barclay; Mr. Gordon; Mr. H. B. Webb and servant; Mr. J. Blackburn; Mr. A. Vinay and servant.

Per Nith.-Mr. C. Aikin and Mr. Edward Evens, cadets.

Per John Dalton. Mr. P. W. Kingsmell, ensign H.M.'s 50th regt.; Mr. W. Newtou; Mr. C. Clear; Mr. Barnes, and Mrs. Barnes and 2 children.

DEPARTURES.

MAY 3. Bræmar, Lovewell, Mauritius; Brutus, Whitney, Boston.-5. Fire Queen, Viall, London via Cape; Myaram Dyaram, Puddicombe, Mauritius; Dhur, Cumberland, China.-6. Arno, Thurston, Boston.

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