3

of opinion exists amongst the judges in England), for here the fact admitted being the general breach is equally applicable to the assessment of damages on all the issues. It appears further that by the pottah itself, the option is reserved to the Government, that is, the East India Company, of terminating the lease in the event of the death of both lessees during the term, or of continuing it to their representatives. It was said on argument, that this was no more than the reservation of a mere power, a power in gross to a stranger; but at the same time, it was admitted that the question was one of intention, with what object, quo animo, this provision was inserted. If a question of intention, it was a question of fact, and if a question of fact sufficient if viewed in one of two points of view to the proof of the issue on the plea of non-assumpsit, the motion for a nonsuit or for a verdict for the defendants on the ground that no evidence was given in support of such issue cannot succeed. Can it be said that this provision must necessarily be viewed as a power reserved to a stranger, and not as an interest real or assumed on the part of the Government to whom the option is reserved? And can it be said, that the asserted power of determining the lease which on this record and evidence must be viewed as exercised by the defendants, was no evidence of an asserted interest in the lands; that they claimed to put out the lessees, but never asserted any connexion with those who put them in? It is to be observed further, that Mr. Welby Jackson was himself called by the plaintiffs as a witness on the trial. He was examined as to the fact of himself and the collector being both servants of the East India Company, obviously with a view to support the case of agancy made by the plaintiffs. He was not cross-examined at all on behalf of the defendants on the point, whether the contract was in fact the sole independent contract of himself, or of the Board of revenue, or of any other body, or person or persons. As well from this omission, as from the important clause in the pottah as to the Government's power on a given event of containing or determining the lease, as also from the above-mentioned admission on the record, and the proof that the pottab was the usual form, the Court trying the facts might properly conclude, that the defendants had assumed the powers through their servants to lease these lands and had exercised it. It is to be observed, that the letter of the collector states that the pottah is in the usual form, whence it might be inferred, that this power was usually reserved, in leases by commissioner exercising the powers of the Court of Wards, of lands in wardship, and there was no evidence of any repudiation by the Government of any such provision or contract. We are, therefore, of opinion, that there was evidence in support of the conclusion to which the learned judges came.

The objection to the jurisdiction of the Court was given up, and it was clearly an untenable objection. Lands held in wardship being still the property of the incapacitated persons, and the Government having no beneficial interest in the profits, after deducting revenue derived from them. Another objection was raised, that the contract declared on was an absolute contract, that proved a qualified one; for it was said, the Board of Revenue had a power to cancel this lease, and, therefore, that the parties contracted with reference to this power. The answer to this objection is, that, assuming the existence of this power, and that it can be exercised when there has been a payment of rent under a lease, and without any offer of compensation for expense or outlay, still it would be merely a condition in defeazance of an estate, in the nature of a condition subsequent, which need not, like a precedent condition necessary to the vesting of the estate or interest, be alleged in declaring on the contract. The last objection is that the lease or pottah proved was not under the seal of the Company, which it was urged, being a corporation, could contract by seal only in respect of the subject matter of the contract. In our opinion, this objection should have been raised by plea. In the case of the Fishmongers' Company v. Robertson, 5 Manning and Granger, p. 131, this defence was pleaded. The AdvocateGeneral referred to two cases wherein it was not pleaded. of these originated in the Palace Court, wherein the new rules of pleading were not in force. The other case may have arisen prior to the passing of the new rules, and this from the date appears not improbable. The point was not raised in the case, and there appears to be no decision on it. On principle it appears to us that sucha defence ought to be pleaded. A contract in fact by a corporation may exist, destitute of legal obligation. A parole contract of a corporation if executed, so that a corporation have received all the benefit under it contracted for on their behalf, is obligatory; which shews that a seal is not essential to the constitution of a contract in fact by a corporation for the subsequent ratification leaves the contract still one not under seal. says that the defence that a contract is void or voidable in law must be specially pleaded. Another answer to this objection is that this lease was of the lands in the Mofussil, that a contract

One

The rule

as to lands is a real contract, where the lex loci rei sitæ, must prevail, that it does appear that one of the lessees is not a British subject, and that the usual form of making such leases there is by an instrument not under seal; there is really, therefore, no ground for applying this technical rule of the English law to a lease of this kind of lands in the Mofussil by the East India Company; and we are of opinion, that if the lease itself need not be under seal neither need the authority to execute it. On the merits of this case as they appear before us, it may be observed, that a lease was made to the plaintiffs which is not assailed or impeached on the ground of fraud, that it was made under the direction of the commissioner, Mr. Welby Jackson, but that it was not cancelled, or the provisions of it in any way broken by him; that its cancellation, whether legal or otherwise, proceeded from another body, the Board of Revenue, after the acceptance of a security and payment of rent; that it does not appear that the lessees were called upon to shew cause against the cancellation of their lease; and further, this cancellation of the lease is not explained, nor is the expulsion of the lessees in any way justified in this action. Their expulsion, therefore, we must in deciding this cause necessarily view as unjustifiable. The expulsion is admitted by the pleadings to have been the act of the defendants. The defendant's counsel, indeed, urged that it is only an admission of a wrongful act, of a mere trespass by the defendants, they urged that there may be a wrong without a remedy when asked against whom if not against the Company the remedy lay. The wrongful act in this case, however, was done under a claim of right in the Board of Revenue, to cancel at its discretion leases made by the commissioner, and the cause and reason of the expulsion, the expulsion being, on this record, admitted by the defendants, could not be excluded on a consideration of the evidence as bearing on the general question of liability. There can be no legal wrong without a remedy; a moral wrong may exist without a legal remedy attaching; there can be no such thing as the violation of a legal contract without the infliction of a legal wrong. The case cited from the 1st Term Reports of Macbeath v. Haldeman, p. 172, is inapplicable, and does not decide that in this case the subject was without a remedy. If the East-India Company did not make this contract, of course they did not break their contract; if they did make it they must, like other contracting parties, be liable for a breach of their contract. In our opinion there was evidence that they made it; and this is all that we have now to decide. But lest it should be thought that a new trial would have been granted by the Court had the rule been framed for one, it must be observed, that a verdict can only be set aside as against the weight of evidence, when the evidence against the verdict greatly preponderates, which, in our judgment, is not the case in the present instance. The rule, therefore, must be discharged as to all but the issue on the third plea, on which a verdict must be entered for the defendants.-Hurkaru, Nov. 24.

DEC. 2. JAMES HUME v. T. B. SwINHOE AND MARIA WRIGHT.-Mr. DICKENS and Mr. RITCHIE for the plaintiff'; Mr. CLARKE and Mr. SKINNER for the defendants.

This was an action of libel by the proprietor of the Star newspaper against the defendants, as executor and executrix of Captain McNaghten, the deceased proprietor of the Englishman newspaper. The defendants pleaded simply not guilty.

The libel complained of was in the Englishman of June 6th last, in the following words :

"That queer little sheet, the Calcutta Star and Bombay Times Overland News No. 2, after giving a most distressing account of the progress of famine in Ireland, says It must be gratifying to our friends in India who have contributed so handsomely for the alleviation of this distress, to know that their subscriptions have been safely received at a moment when they were most needed.' Very gratifying, no doubt, but not to the little overland's Calcutta parent. The Star did his best to prevent subscriptions, to persuade people that their assistance was not required. This acknowledgment of the truth, on the part of the London luminary, is an unkind cut at his Calcutta namesake. We are sorry that the Star did not receive his bantling by the express, as we think a little quiet reflection on the sufferings which he has done his best to augment, would have been a useful meditation.

We are sorry for another reason, that is, because the want of any supply of his own, induced our contemporary to aid and abet a theft from our printing office. We think the policy of tampering with another man's servants to betray their master, or make away with his property is as bad as its morality, for what check can those who do it have upon their own? Our pressmen were tempted by some person to sell an early printed copy of our Extra, from which the Star took his, with the notice at foot, that it is printed for JAMES HUME, proprietor, A Calcutta Magistrate (!) before whom we might, if we chose, take the culprit.

The temptation of a few rupees to a wretch of this kind is, as every body knows, irresistible, but our contemporary on this occasion threw away his money, for had he applied to us in his distress, we would willingly have sent him the slips as they were printed. We are always ready to help a neighbour on an emergency, and we have no fear of injuring onr own paper by a concession of the kind. Success is not to be earned by trick, and though priority of intelligence is highly valuable to a newspaper, we have too high an opinion of the liberality of the public to think that they would desert any paper, because it had met with a disappointment, to which all are liable."

Mr. DICKENS stated that the action was brought against defendants as proprietors in their representative capacity. Coming on, on admissions on both sides which would save the Court the trouble of investigating any facts. The simple questions being, first, whether it was a libel at all; and, secondly, whether it applied to the plaintiff on the record. It appeared that Mr. Hume had before then accepted the Magistracy, and in so doing had resigned the editorship. At the time of the libel, therefore, he was not editor, but still remained proprietor. The head printer's name was Beaufort. It appeared that the Star had not received its Overland Extra, the Englishman had been more fortunate. The Extras were distributed, each of the subscribers to the Englishman being entitled to one. Beaufort had obtained one, printed it a little later that day, and acknowledged at the bottom that it had been taken from the Englishman. He should contend that the libel was so expressed that no jury could suppose it to refer to any other person except Mr. Hume, at any rate it was expressed in so covert a manner as that it might lead many to suppose that he was the person meant. That the words "our must mean the proprietor. The servants were sercontemporary vants of the proprietor only. There was further mention of it in a paper of June 8th, saying we are amply prepared with proof, and can name the receiver. The words being aimed with a double aspect, so that they might be applied to either.

This action was, of course, not directed against either Mr. Swinhoe or Miss Wright, who were mere executors, not having any thing to do with the conduct of the paper.

That a much lighter charge than this would be sufficient ground for a libel. Here an indictable offence was charged against a magistrate. 1,000 Rs. only had been laid as damages, but it was not the damages that were sought; but it was desirable to put a stop to this mode of writing. That though subsequent papers relating to the same event, there was no acknowledgment that Beaufort and not the plaintiff was meant. In one place it was stated, that there was no doubt that in future "he would walk as straight as Richard III. between two bishops." There was no where an explanation or plain statement, 66 we don't mean Hume."

Edmund Pierre de Beaufort, printer of the Star, stated that Mr. Hume had been previously appointed a magistrate. That before that time he had acted as sole editor, but not afterwards. On April 29, Mr. Wilby took charge of the paper as editor. On being asked who he supposed such a term applied to, he said it meant the Calcutta Star-any one connected with the Star might take it to himself. He said that he did not remember any of the circumstances alluded to in the commencement of the article ; knew nothing about it.

The CHIEF JUSTICE.-I suppose you content yourself with printing the paper, and do not trouble yourself with reading it.

On cross-examination, this witness stated that the Star had received no copy of the overland. And he had, therefore, sent to see if he could get an early copy of the Englishman. He first applied to the durwan at the Englishman office; but not getting one, sent again, and got a copy from one of the pressmen. He denied that any money was given. He said that he had written the following letter on June 6 to the Englishman's printer.

MY DEAR SIR,-I beg once more to entreat you to take back the bearer in the office. The offence he committed is through me. Had he known the purpose the paper was wanted for, I am sure he would have done so, &c. &c.

He said that he did not mean any thing particular by the word "offence;" he called it so, because Mr. Souter had treated it as

words "James Hume" being inserted in such large type, and "a Calcutta Magistrate" in italics.

Mr. CLARKE.-Then I shall call evidence. The fact is that Mr. Hume having been so long an editor, and only just left itcould not get rid of the fancy that he was still editor, and chose to apply to himself that which all others could not for a moment suppose to apply to him. It was never for a moment meant for Hume, and no unprejudiced man in the ordinary exercise of his judgment could suppose it to be so.

That Mr. Swinhoe and Miss Wright had undertaken the executorship out of pure kindness to the widow and children of the deceased. Why, then, were they made defendants, who had nothing whatever to do with it, as Mr. Dickens had himself admitted? Why was not the action brought against the editor who conducted the paper? But so far from doing this, or giving them any opportunity for explanation, the first notice the defendants got of it was an attorney's letter, informing them that he was about to bring an action against them for the libel printed "this morning." He should have demanded the editor's name (if he did not know it already, which he probably did, being so old an editor himself) and a recantation, or that the defendants should compel the editor to do so. But no such course was pursued; on the contrary, the defendants came forward themselves and wrote the following letter ::

MESSRS. THOMPSON AND ALLAN,

Gentlemen,-Before taking any step to defend the action which you have commenced against my clients, I am instructed by them to assure you, for the information of your client, Mr. Hume, that neither of them have the slightest interest in the Englishman newspaper, being merely two of the executors of the late Captain Macnaghten, to whose estate the property belongs.

In regard to the paragraph which is the subject of the action, I have further to inform you, that it was not seen by either of my clients until after its publication, and that they have the assurance of Mr. Hurry, the editor of the Englishman, that Mr. Hume is under a great mistake in supposing that he is the person alluded to under the words "our contemporary," as it was a notorious fact that Mr. Hume had for some time before ceased to edit the Star, and merely retained his interest in the property.

That the transaction alluded to did take place, there cannot be any doubt, as is clearly proved by the accompanying copy of a letter from Mr. E. P. De Beaufort, the printer of the Star, entreating that the man might be forgiven, who had purloined the copy of the Extra from the Englishman office.

Will you submit this letter to your client, and give me the earliest information, whether, after this explanation, he is desirous of continuing the action, in which case I shall immediately plead the general issue.

There is no objection on the part of my clients to the publication of this letter. I am, &c. H. SWINHOE, Defendant's Attorney. Calcutta, July 22, 1846.

Voluntarily coming forward, and offering him this paper to publish, the completest exculpation possible. Yet instead of doing this, they chose to continue the present action.

And further, to show that it could not possibly have been meant for Hume, he begged to read to the Court a leader in the first column of the Star of April 29, announcing to the world his retirement from the editorial chair. This, then, being thus made notorious to the world, how could the words "our contemporary" be taken to apply to him. How could the words "tempted by some person' be taken to apply to the magistrate who had nothing then to do with the management of the newspaper. And the following words were clear enough. How could Mr. Hume be taken before himself? The preceding words shewing that some person" viz. the accessory was the culprit. I have never before heard that a newspaper was like Cæsar's wife," who ought not to be suspected."

Mr. MAWSON, the sub-editor of the Hurkaru, stated, that on reading the libels, he should take the word "contemporary" to apply to the editor, not to the proprietor. (To the Court.) The editor's duty is to write leading articles, and to receive or reject contributions. That a matter of this nature would fall within the province of a sub-editor, or, if there was no sub-editor, then rather of the editor than the proprietor. Most probably the printer would do it (as Beaufort, the Star printer, had done here).

Mr. DICKENS, in reply, contended that the construction was not one of evidence, as a hundred witnesses might differ one from the other. It was for the Court, sitting as jurymen, to look at the whole, and say to whom, in their judgment, it would apply. That it was no where stated against whom the action ought to be brought. That the evidence could not be taken, as he (Mr. Dickens) had declined to call further evidence, as he considered that the consideration of the construction lay upon the Court.

THE COURT.-We find a verdict for the defendant. The wording might be in some degree ambiguous as to whether it might

mean the proprietor or the editor. But there was evidence that plaintiff had himself published to the world his retirement from the editorial chair before the publication of the libel. Looking at the mode of insertion, the hurry and confusion of the mail coming in, &c. the obvious inference would be, that not the proprietor, but some employee in the actual management, had done it.

The plaintiff's evidence itself, so far from showing that it must be taken to apply to plaintiff, shews that it might be taken to be any one else. And the other witness's evidence is also useful, as that of a sub-editor conversant with such matters. Then as to the words in large letters and italics, so disgraceful an imputation must not be taken to apply to the plaintiff, but to some person having the ordinary management. It would be too forced an interpretation to say that it were meant for plaintiff. The inference is rather that it was not pointed to Mr. Hume personally, than that it was. Verdict for defendant.-Hurkaru, Dec. 3.

MISCELLANEOUS.

RELIEF.-The Tenasserim left on Tuesday with a detachment of the 40th N.I., to relieve the 25th N.I. in Arracan. The Enterprise, with another detachment of the relieving regiment, was to have started this morning, but she has been detained to await the arrival of the English mail.—Hurkaru, Dec. 10.

MALWA.-An obliging friend in Malwa has favoured us with a few lines regarding the doings in that province and its neighbourhood. The season is represented as being remarkably pleasant, with very little sickness. Mr. Hamilton, the resident at the court of Holkar, is on his annual tour, and was, at the date of our correspondent's letter, near Neemuch, whence he would cross over to the Bhopal state, and thence return by Augur, the new station of the Gwalior contingent, to Indore, where there are to be hospitable doings next month on a scale unusual even to Mr. Hamilton. He had lately visited Bhopawur to present the Bheel corps with colours, a ceremony which afforded much satisfaction to those present, and to none more than the truly worthy commandant of the regiment. Mr. Sweetland, connected we believe, with Mr. Stephenson's railway projects, is in Malwa, taking levels of all parts of the country, and is said to have collected within an incredibly short space of time, a wonderful amount of information, bearing on the researches he is making.-Delhi Gazette, Dec. 12.

THE CIRCULAR ROAD AQUEDUCT.-The Circular Road Aqueduct, we learn, has been completed, and the water let in from the eastern extremity of Dhurmtollah to the European Female Asylum. We trust, therefore, that the residents will immediately set about watering the road, for if they are dead to their own comfort, it is natural to expect others will be so.-Ibid. Dec. 14.

BENARES.-Weather.-11th December.-Somewhat cloudy, signs of rain, a foggy night, not so cold as yesterday. Thermometer at 7 a.m. 68 degrees, noon 78.

12th.-A clear sky, very cold. Thermometer 62 at 7 a.m., at noon 66.

13th.-Ditto

14th.-Ditto

ditto 63 ditto ditto 68. ditto 62 ditto ditto 66. 13th.-The Matabhanga arrived this evening at 3 p.m. The Patna passed down this evening at 2 p.m.

Her Majesty's 9th regiment of foot arrived here yesterday morning under the command of Colonel Davies, and leaves tomorrow for Dinapore.-Benares Recorder, Dec. 15.

BIBLE ASSOCIATION.-The twenty-fifth anniversary meeting of the Bible Association was held in the Town Hall on last Friday night, when the attendance was not numerous, even on the part of clerical gentlemen, not more than about half a dozen of them being present, besides the Archdeacon, who took the chair. The business as usual was opened with prayer. Dr. Dealtry then made a few suitable observations with reference to the personal value that Christians ought to feel in regard to the Bible and its distribution to all classes, which was the design of this Association to promote. The report for the last twelve months was next read, shewing the various channels through which the Bible and portions of it, both in English and the various languages of India, together with Chinese, Hebrew, Armenian, &c., have been disseminated to persons of every class and creed in Calcutta and its vicinity. The report particularly made mention of the increased demand for portions of Scriptures in the English language as well as in the vernaculars, which is made by native young men. The report having been read, several resolutions were in due form proposed and carried. The first, for the adoption of the report, was moved by the Rev. Mr. Wenger, and seconded by the Rev. J. Innes. The former gentleman, though unprepared, made an address of some length, in the course of which he introduced a number of missionary anecdotes of various application. The second resolution was moved by M'Leod Wylie, Esq., and seconded by the Rev. T. Boaz, being

in these terms:-"That while the education of the people is advancing, and the rising generation are in danger of being led away into infidelity and pantheism, it is both the duty and the privilege of the Christian community to communicate to them the word of eternal truth, whereby they may be preserved from darkness and error, and enabled to behold the Sun of Righteousness, and to walk in the light of heavenly truth to the regions of eternal blessedness." Mr. Wylie in bringing forward this resolution, introduced it with some strong observations in allusion to the awful responsibility incurred by those who were educating the natives merely in secular knowledge, thereby detaching their minds from the prejudices and religious superstitions of their ancestors without substituting any thing instead; thus leaving hundreds of young men in a heartless, hopeless condition, who, with all the learning and philosophy of the ancients and moderns, are yet destitute of that which alone exercises a happy influence on the human soul, by stimulating emulation for whatever is good and excellent, and restraining every evil principle and passion. The Rev. T. Boaz likewise made a very effective address in seconding Mr. Wylie's motion. The third resolution, inculcating the duty of prayer on all connected with the Association, and invoking a blessing on its operations, was proposed by the Rev. D. Ewart, who made a lengthy speech, and seconded by the Rev. J. Herdman. The last resolution, appointing a committee and office-bearers, and thanking the Archdeacon for presiding on the occasion, was proposed by A. Grant, Esq., and seconded by the Rev. T. Sandys. The meeting concluded with singing and a collection.—Ibid.

RETURN OF THE BISHOP.-Our good bishop landed from the Prince of Wales early yesterday morning, and was welcomed back to his diocese by the noisy cannon of Fort William, seventeen of which roared forth their warlike salutation to the returning dignitary of the Church. The ship arrived on Sunday afternoon, but her right reverend and venerable passenger was unwilling to disturb the sanctity of the Sabbath by the bustle and stir attendant on his debarkation, and so remained on board all night.-Ibid. Dec. 16.

J. MACKENZIE, Esq., of the firm of McKillop, Stewart, and Co., and George Barton, Esq., of the firm of Gisborne and Co., were yesterday elected Directors of the Bank of Bengal, in the room of James Norman and George Ashburner, Esquires.-Ibid.

THE LOCUSTS.-A letter of the 14th instant from Kedgeree, mentions that many large flights of locusts had that day passed over the station, travelling towards the south. The first flight made its appearance on the afternoon of the 13th, and settled for the night. The following morning this advanced guard resumed its march, and was succeeded by the main body, which continued passing over Kedgeree, cloud after cloud, the whole day. The damage they have done to the vegetation is great, and the whole of the mustard crop has been destroyed. Such a thing has not, we believe, been known before as locusts so far down the country, and in such numbers as they have been lately.-Ibid.

DACCA, December 12.-The Dacca races, which unfortunately proved a regular failure, wound up with a splendid ball last night, at which all the beauty and fashion of Dacca were present, and it was kept up with spirit. The gentlemen have commenced hunting with the Station Pack, and several night disturbers have already fallen to their excellent condition. The executive officer has just finished a very tasty wall round the Dacca College; it is a pity the ground is so crippled for room in front, and that that useless oval in front was not thrown into it; it then would have been an ornament to Dacca when prettily laid out, and would have formed a delightful spot for walking in morning and evening. That same indefatigable officer I hear has just marked a new line of road from near Furreedpore to Dacca. Roads are wonderful things in Upper India, but here, where all is watercarriage, we care not about them, and think Government might spend its treasure in some more advantageous manner- - moving the unhealthy cantonments, for instance.-Ibid. Dec. 17.

THE WEATHER.-Very cold, more so than comfortable at times. Thermometer at 7 a.m. 64 degrees, at noon 69, in-doors. A perfectly serene sky. Wind westerly.—Ibid.

THE TENASSERIM.-We understand that the Tenasserim leaves town this morning with another detachment of 400 men of the 40th N. I. for Arracan. The Enterprise starts for Maulmain direct, with Mr. J. R. Colvin, on Monday.-Ibid. Dec. 18.

A PRECIOUS PEARL.-We have been informed that a pearl Mahajun has lately brought before Baboo Aushutos Deb, the wealthy native gentleman of Simla, a precious pearl of almost a globular form, the diameter being from two to two and a half inches in diameter, and having the striking peculiarity of shewing in it the picture of a Hindusthanee natch-girl in whatever position it is held to view. The Baboo has offered a few thousand rupees for the same, but the Mahajun is exorbitant in his demands.--Ibid. Dec. 19.

MOORSHEDABAD, Dec. 19, 1846.-Mr. Henry Torrens has arrived here and been installed into his office. The appointment of this gentleman as Governor-General's agent in Moorshedabad has, we learn, afforded much satisfaction to the Nabab Nizam and the Shazadus, to several of whom he had been previously known. His fame had preceded him here, and the general impression is, that the orientalism of his address, his intimate acquaintance with the manners, customs, and religion of the Mahomedan people, the kindly feeling entertained by him towards them, and his acquirements in the walks of oriental literature, would render him a great favourite with the members of the Nizamut family.-Ibid. Dec. 23:

GOVERNMENT GENERAL ORDERS.

NOTIFICATION.

The Right Hon. the Governor-General is pleased to direct the publication of the following notification :

Camp Bhyrowal Ghat, on the Left Bank of the Beas, Dec. 22nd, 1846. The late Governor of Cashmere, on the part of the Lahore State, Sheik Emam-ood-deen, having resisted by force of arms the occupation of the province of Cashmere by Maharaja Goolab Sing, the Lahore Government was called upon to coerce their subjects, and to make over the province to the representative of the British Government, in fulfilment of the condition of the treaty of Lahore, dated March 9th, 1846.

A British force was employed to support, and aid, if necessary, the combined forces of the Lahore State and Maharaja Goolab Singh, in the above operations.

Sheik Emam-ood-deen intimated to the British Government that he was acting under orders received from the Lahore Durbar in the course he was pursuing, and stated that the insurrection had been instigated by written instructions received by him from the Vizier Rajah Lall Singh.

Sheik Emam-ood-deen surrendered to the British Agent on a guarantee from that officer, that if the Sheik could, as he asserted, prove that his acts were in accordance with his instructions, and that the opposition was instigated by the Lahore minister, the Durbar should not be permitted to inflict upon him, either in his person or his property, any penalty on account of his conduct on this occasion. The British Agent pledged his Government to a full and impartial investigation of the mater.

A public inquiry was instituted into the facts adduced by Sheik Emam-ood-deen, and it was fully established that Rajah Lall Singh did secretly instigate the Sheik to oppose the occupation by Maharaja Goolab Singh of the province of Cash

mere.

The Governor-General immediately demanded that the ministers and chiefs of the Lahore State should depose and exile to the British Provinces, the Vizier Rajah Lal Singh.

His Lordship consented to accept the deposition of Rajah Lall Singh as an atonement for the attempt to infringe the Treaty by the secret intrigues and machinations of the Vizier. It was. not proved that the other members of the Durbar had cognizance of the Vizier's proceedings; and the conduct of the Sirdars and of the Sikh army in the late operations for quelling the Cashmere insurrection, and removing the obstacles to the fulfilment of the Treaty, proved that the criminality of the Vizier was not participated in by the Sikh nation.

The ministers and chiefs unanimously decreed and carried into immediate effect the deposition of the Vizier.

After a few days' deliberation relative to the means of forming a Government at Lahore, the remaining members of the Durbar, in concert with all the Sirdars and chiefs of the state, solicited the interference and aid of the British Government for the maintenance of an Administration, and the protection of the Maharaja Duhleep Sing during the minority of His Highness.

This solicitation by the Durbar and Chiefs has led to the temporary modification of the relations between the British Government and that of Lahore, established by the Treaty of the 9th of March of the present year.

The terms and conditions of this modification are set forth in the following articles of agreement:

(Copy.)

Articles of Agreement concluded between the British Government and the Lahore Durbar, on the 16th December, 1846.

Whereas, the Lahore Durbar and the principal Chiefs and Sirdars of the State have in express terms communicated to the British Government their anxious desire that the GovernorGeneral should give his aid and assistance to maintain the administration of the Lahore state during the minority of Maharaja Dhuleep Sing, and have declared this measure to be indispensable for the maintenance of the Government. And whereas the Governor-General has, under certain conditions, consented to give the aid and assistance solicited, the following articles of agreement, in modification of the articles of agreement

executed at Lahore on the 11th March last, have been concluded on the part of the British Government by Frederick Currie, Esq., Secretary to the Government of India, and Lieut.-colonel Henry Montgomery Lawrence, C. B., agent to the Governor-General North West Frontier, by virtue of full powers to that effect vested in them by the Right Hon. Viscount Hardinge, G. C.B., Governor-General, and on the part of his Highness Maharaja Dhuleep Sing, by Sirdar Tej Sing, Sirdar Shere Sing, Dewan Deena Nath, Fakeer Nooroodeen, Rae Kishen Chund, Sirdar Runjore Sing Majethia, Sirdar Utter Sing Kaleewala, Bhaee Nidhan Sing, Sirdar Khan Sing Majethia, Sirdar Shumshere Sing, Sirdar Lal Sing Morareeah, Sirdar Kher Sing Sindhanwalah, Sirdar Urjun Sing Rungrungaleah, acting with the unanimous consent and concurrence of the chiefs and sirdars of the State, assembled at Lahore.

Article I.-All and every part of the treaty of peace between the British Government and the State of Lahore, bearing date the 9th day of March, 1846, except in so far as it may be temporarily modified in respect to clause 15th of the said treaty, by this engagement, shall remain binding upon the two Govern

ments.

Article II.-A British officer, with an efficient establishment of assistants, shall be appointed by the Governor-General to remain at Lahore, which officer shall have full authority to direct and control all matters in every department of the State.

Article III.-Every attention shall be paid in conducting the Administration to the feelings of the people, to preserving the national institutions and customs, and to maintaining the just rights of all classes.

Article IV. Changes in the mode and details of Administration shall not be made, except when found necessary for effecting the objects set forth in the foregoing clause, and for securing the just dues of the Lahore Government. These details shall be conducted by native officers as at present, who shall be appointed and superintended by a Council of Regency, composed of leading Chiefs and Sirdars, acting under the control and guidance of the British resident.

Article V.-The following persons shall in the first instance constitute the council of regency, viz.

Sirdar Tej Sing, Sirdar Shere Sing Attareewalla, Dewan Deena Nath, Fukeer Noroodeen, Sirdar Runjore Sing Majethea, Bhaee Nidhan Sing, Sirdar Utter Sing Kaleewala, Sirdar Shumsher Sing Sindhanwala, and no change shall be made in the persons thus nominated without the consent of the British resident, acting under the orders of the Governor-General.

Article VI. The administration of the country shall be conducted by this council of regency in such manner as may be determined on by themselves, in consultation with the British resident, who shall have full authority to direct and control the duties of every department.

Article VII.A British force of such strength and numbers, and in such positions, as the Governor-General may think fit, shall remain at Lahore for the protection of the Maharaja, and the preservation of the peace of the country.

Article VIII.--The Governor-General shall be at liberty to Occupy with British soldiers any fort or military post in the Lahore territories, the occupation of which may be deemed necessary by the British Government for the security of the capital, or for maintaining the peace of the country.

Article IX.-The Lahore State shall pay to the British Government twenty two lacs of new Nanuckshaee rupees, of full tale and weight, per annum, for the maintainance of this force and to meet the expences incurred by the British Government, such sum to be paid by two instalments or 13 lacs and 20,000 in May or June, and eight lacs and 80,000 in November or December, of each year.

Article X.-Inasmuch as it is fitting that her Highness the Maharanee, the mother of Maharaja Dhuleep Singh, should have a proper provision made for the maintenance of herself and dependents, the sum of one lack and fifty thousand rupees shall be set apart annually for that purpose, and shall be at her Highness's disposal.

Article XI. The provisions of this engagement shall have effect during the minority of his Highness Maharaja Dhuleep Singh, and shall cease and terminate on his Highness attaining the full age of sixteen years, or on the 4th September of the year 1854, but it shall be competent to the Governor-General to cause the arrangement to cease at any period prior to the coming of age of his Highness, at which the Governor-General and the Lahore Durbar may be satisfied that the interposition of the British Government is no longer necessary for maintaining the Government of his Highness the Maharaja.

This agreement, consisting of eleven articles, was settled and executed at Lahore by the officers and chiefs and sirdars abovenamed, on the 16th day of December. 1846.

(Signed) Tej Singh, F. Currie, Shere Singh, H. M. Lawrence, Dewan Deena Nath, Fukeer Noor-oo-deen, Rae Kishen Chund, Runjore Singh, Utter Singh, Bhae Nidhan Singh, Sirdar Khan Singh, Shumshere Singh, Lall Singh Morareeah, Kher Singh, Urjun Singh,

BATTA.

Camp Hooshyarpore, Nov. 28, 1846.-The Right Hon. the Governor-General of India is pleased to direct, that the following paragraphs of a military letter from the Hon. the Court of Directors to the Government of India, No. 24, of the 30th Sept. last, be published in general orders:

"Para. 10. We have fully considered the Governor-General's remarks on the inexpediency of continuing the present system, under which, on occasions when donations of batta are granted, major-generals in command of divisions of an army in the field, in consequence of receiving the batta computed on their staff allowances, do not all receive an equal advantage; we shall proceed to lay down such rules as may regulate the allowance in question, both as to the case now under reference to us, and as to future cases.

"Para. 11. With respect to the donation of twelve months' batta granted to the army of the Sutledge, we authorize you to issue, as a special case, to all the major-generals who commanded divisions in that army, and to officer's of that rank only, a rate of donation to be fixed on the highest scale now recognised for major-generals. Major-general Sir H. Smith, Majorgeneral Sir W. R. Gilbert, and the other major-generals similarly employed with the army of the Sutledge, will consequently all receive the same amount of donation; but no claim whatever is, in consequence, to be recognised for additional donation on account of any former services.

"Para. 12. For the future we desire that no higher scale of donation batta be allowed to officers commanding divisions of an army in the field than Rs. 2,070 per mensem, whatever be the rank of the officer, and whether he be a major-general on the staff or otherwise, except that a major-general in chief command of the army in the field, and not being a commander-inchief at either presidency, may receive a donation batta of Rs. 3,933 5 4 per mensem.'

(Signed) J. STUART, Lieut.-col., Sec. to the Govt. of India, mil. dept. with the Gov. - Gen,

COURT MARTIAL.

ACTING MASTER PILOT GEORGE BODDINGTON SMART.

Ar a court assembled on Saturday, October 24th, 1846, Mr. Acting Master Pilot George Boddington Smart was tried on the following charge :—

Charge.-Mr. Acting Master Pilot G. B. Smart placed in arrest by order of the officiating superintendent of marine, for having, on September 22nd, 1846, stranded the Arab ship Samdanny, on Saugor Island, where she still remains without prospect of again getting afloat.

By order of the officiating supdt. of marine,
(Signed) J. SUTHERLAND, Secretary.

Fort William, Oct. 8th, 1846. Finding. The Court have maturely weighed and considered the evidence brought forward in support of the prosecution, together with that adduced on the defence, do find that Mr. Acting Master Pilot G. B. Smart did strand the ship Samdanny at the time and place charged; but that his doing so was indispensably necessary to the safety of the crew on board, and of the ship and cargo, so far as any chance existed of saving them, and was an act of sound and seamanlike judgment; and the Court further find, that Mr. Acting Master Pilot G. B. Smart is throughout deserving of the highest credit for his able and praiseworthy conduct under very trying circumstances.

(Signed)

HENRY PIDDINGTON, President. J. J. R. BOWMAN, Judge Advocate. Fort William, Master Attendt.'s Office, October 24th, 1846.

The Court having thus fully acquitted Mr. Acting Master Pilot G. B. Smart, and pronounced his conduct to have evinced sound and seamanlike judgment and to have been throughout highly creditable; and his Honour the Deputy Governor having been pleased to confirm their decision, that officer has been ordered to return to his duty with an assurance that the admirable manner in which he discharged it while in pilotage charge of the ship Samdanny, under the most trying circumstances, will not be forgotten by the head of the department to which he belongs.

By order of the offg. supt. of marine. JAS. SUTHERLAND, Sec. Fort William, Nov. 24th, 1846.

MR. JUNR, SECOND MATE PILOT WALTER JOSEPH ETHERIDGE.

At a court assembled October 26, 1846, Mr. Junior Second Mate Pilot W. J. Etheridge was tried on the following charges: First Charge-Disobedience of the order of Mr. Branch Pilot Ross, by bearing up channel to the northward in the Arab ship Carnatic, instead of working to the southward until further orders, as directed by that officer, September 23, 1846.

Second Charge.-Stranding the Arab ship Carnatic on Saugor Island on the night of September 23rd, through ignorance of, or negligence in the performance of his duty, and thereby causing the total loss of the said vessel.

By order of the officiating supdt. of marine,

(Signed) J. SUTHERLAND, Sec.

Fort William, October 8th, 1846. Finding. The Court having maturely weighed and considered all that has been adduced in support of the prosecution, as well as what has been brought forward on the defence, is of opinion that the defendant, Mr. Junior Second Mate Pilot W. J. Etheridge is not guilty of the first charge. Guilty of the second charge.

Sentence. The Court having found the defendant guilty as above specified, do adjudge him, the said Mr. Junior Second Mate Pilot W. J. Etheridge to be dismissed the pilot service. (Signed) HY. PIDDINGTGN, President.

J. J. R. BOWMAN, Judge Advocate. Fort William, Master Attendts'. Office, October 29th, 1846.

The Court having thus sentenced Mr. Second Mate Pilot Walter Joseph Etheridge to be dismissed from the service, strongly recommended him to the favourable consideration of Government on account of his youth, and of the upper floating light not being at her station, adding that they had not felt themselves at liberty, with reference to the clause of the penal code applicable to the case, to pronounce a milder sentence.

His Honour the Deputy-Governor has been pleased to approve of the finding of the Court, and to direct that, in mitigation of their sentence, Mr. Second Mate Pilot W. J. Etheridge be punished with the loss of six steps. He is to return to duty, and to be put down in the list of 2nd junior mates accordingly, which will place his name on it, between the names of Mr. William Lloyd and Mr. Alexander Scott.

By order of the officiating supdt. of marine, JAS. SUTHERLAND, Secretary. Fort William, November 30th, 1846.

CIVIL. APPOINTMENTS, &c.

ALEXANDER, W. S. to offic. as civ. and sess. judge of Bhaugulpore. ATHERTON, H. off. coll. of Backergunge, made over ch. of Treasury to A. Money, on Dec. 2.

BARNES, G. C. reapp, to offic. as sec. to Sud. Board of rev. fr. date of return, Dec. 1.

BENNETT, J. B. to be dept. post master gen. Dec. 14.
BEST, J. R. attach. to the N. W. provinces, Dec. 5.

BROWNLOW, H. civ. and sess. jud. of Cuttack, resum. ch. of off. on Dec. 2.

BROWNLOW, H. B. to offic. as civ. and sess. judge of Shahabad, Dec. 17.

BRERETON, H. returned to duty, Dec. 15.

CHEAP, G. C. civ. and sess. jud. of Rajeshye, made over ch. of off. on Dec. 7.

CLERK, G. R. returned to duty, Dec. 15.

COLVIN, B. J. to offic. as civ. and sess. judge of Cuttack, Dec. 17. COLVIN, J. R. returned to duty, to be comm. in the Tenasserim provinces, Dec. 17.

CUNLIFF, R. E. offic. civ. and sess. judge of Mymunsing, made over ch. of current duties of office to prin. sudder ameen. CURRIE, E. sec. to Sud. Board of rev. res. ch. of off. Dec. 7. DAVIES, R. H. to offic. as jt. mag. and dep. coll. of Mynpoory, dur. abs. of R. B. Thornhill, Dec. 1.

DUMERGUE, J. S. re- attach. to the N. W. provinces, Dec. 5. FRENCH, P. C. to offic. as mag. and coll. of Allyghur, dur. abs. of Mr. Blunt, Dec. 7.

GARSTIN, C. returned to duty, Dec. 15.

GOULDSBURY, F. to offic. as com. of revenue of 19th or Cuttack div, and supt. of tributary Mehals, Dec. 17. HAMMOND, A. asst. to coll. of East Burdwan, vested with special powers, Dec. 16.

HORNE, C. returned to duty, Dec. 15.

LAKE, W. coll. of East Burdwan, made over ch. of offic. to H. Hamond, Dec. 15.

LAUTOUR, E. F. mag. of Behar, made over ch. to dep. mag. on Dec. 3.

LINDSAY, C. R. transf. fr. Meerut to Rohilcund div. Dec. 4. LYONS, J. P. moonsiff of Agra, to be sudder ameen of Goorgaon. PLOWDEN, G. A. C. to offic. as sec. to board of customs, salt, and opium, Dec. 7.