and a special meeting be called to consider the contents. state, either in revenue or in military service. If The above meeting is to take place on the Monday after therefore the increase of Ultumghas during successive next. W. COBB HURRY, RAMMANAUTH TAGORE, Hony, Secretaries. No. 80. To W. C. HURRY, ESQ., AND BABOO PRUSSONO COMAR Revenue. norable the Deputy Governor of Bengal, to acknowledge the receipt of your letter, dated the 5th November last, forwarding for his honor's consideration, a petition against the measures now in operation, for the investigation of claims to hold lands free of assessment, and urging, on the part of the Land holders' Society, certain arguments against those mea sures. reigns might, if not checked, have materially impaired, if not altogether exhausted, the resources of the state, and as the evil could only be remedied by resumption, it seems to follow from the reason of the thing that the Sovereign must have had the right to resume as well as grant." ་ 4. The guarantee given by the Laws of 1793, that all grants for holding lands exempt from the payment of revenue, made previous to the 12th August 1765, Gentlemen,-I am directed by the Ho-shall be deemed alid as respects the original grantee, and hereditary in perpetuity, if the original grant confer that immunity, has been and is scrupulously observed. The object of the measures now in operation, and objected to by the Landholders' Society, is to ascertain in regard to all lauds so held exempt, what realy are, and what are not, protected by that guarantee, in order that its benefit may be secured beyond further question, and forever, to the parties truly entitled to it, 2. The whole subject, which is felt to be one of impor- and that those who possess no valid claim to a privilege tance in all its bearings, has long engaged the attention which ought manifestly to be confined within the parof the highest authorities, and the Deputy Governor, in rowest limits consistent with the maintenance of the forming his own conclusions upon the matter treated in public faith, may no longer be permitted to appropriate your address, and in the petition above mentioned, has funds which appertain of right to the state; and nothing not failed to advert to the sentiments recorded regarding has been done of late to these ends beyond the exethem by the most eminent men, who have governed cution of laws, the most recent of which was enacted British India, as well as to the best scources of historical more than ten years ago, after long experience of the information, both with respect to the laws and customs, which (apart from any exercise of caprice or tyrannical power,) regulated the administration of the land revenue, under our predecessors in dominion, and to the views and intentions of the authorities who framed the Code of 1793. 解 "By the ancient law of the country, failure of former plans for the assertion of the rights of the state, and after a great sacrifice of revenue, and consequent enhancement of public debt. After this exposition of the general principles upon which the measures of Government complained of are founded, it is not the intention of the Deputy Governor 3-A careful examination of to enter upon a lengthened examination of the detailed these sources of information, has objections to those measures stated in your letter. convinced the Deputy Governor. But his honor deems it necessary, in order to obviate the that not only justice authorizes further spread of misconception, to point out a few but that considerations both of of the mistakes of law in fact, into which it appears policy and equity, imperatively from your letter that the Landholder's Society has require, that all lands held ex- fallen. empt from the payment of which do not enjoy their immunities 6. You speak in the third para. of your address of under the positive gaurantee Lakheraj Tenures, as "the shape in which the Governof the Regulations of 1793, ment may have bestowed its favors, or rewarded meshould be subject to assessment, ritorious services," and state that the argument (which and that with reference alike you are combating) carried out "to its full extent, to the common law of the would deprive the sovereign of all power of granting country, as declared to the honors and rewards." But the truth is, that the vast preambles to Regulations XIX majority of even the oldest tenures in Bengal, were not and XXXVII. of 1793,* to the granted by any sovereign or even the subordinate formal announcement in Regu-Governor, but were of the nature described in the paslation I. of that year, the funda age quoted on the margin from the preamble of mental law of the permanent Regulation XIX. of 1793.* settlement, and to the unquestionable general principle, that "Previous, hownothing short of a legislative ever, to the Compaguarantee, can exonerate any in-ny's accession to the dividual from bearing his fair Dewanny, numerous proportion of the public burthens grants of this descripno length of prescription can tion were made, not reasonably be held to convert only by the zemininto perpetuity, to the necessary tars, but by the offidetriment of the community.cers of Government that, which being unsanctioned by law, is in fact, ppointed to the tem. only an abusive and untenable privilege, nor has the cus. porary superinten tom of the country given any colour to such privi dence of the colleclege. It is well known that even those grants by tion of the revenue, former sovereigns of India, which are considered to be under the pretext that best entitled to be held perpetually, have not been and the produce of the never could have been practically treated as such lands was to be apFor,' in the words of Sir Thos. Munro, "if all Indian plied to religious or princes could grant Ultumgha jagbeers, and if none charitable uses. Of could resume them, a great portion of the country these grants, some might in time be released from affording any aid to the were applied to the To grants of this description, which are probably as fifty to one in Bengal, your arguments of course can have no proper application. 7. Again, in para. 4 of your letter, you truly observe, that it does not appear how any community can be really benefited by reducing a large number of members to a state of pauperism." But the measures now in operation can only, when circumstances are most unfavourable to the parties concerned, place them in the po sition of the oldest zemindais of Orissa and of the North Western Provinces; and if the tenures of the great body of the See Clauses 4 and half rent jummah-terms much 5, Section II. Regu. 12th August 1765, not to any heir or assign of such party (unless the tenure was proved to be hereditary) as appears to be assumed by the Landholders Society and this is exactly the state of the Law at the present day." 13. Sixthly, allege in para. 12 of your letter that now the poor Lakerajdar of the third or fourth generaion is remorselessly deprived of his little patrimony, the sole dependence, perhaps of a numerous family; and is told that he may consider himself treated with great generosity when allowed to hold possession at half jummah for his life only. 14 8. Thirdly, you state, in para 6 of your letter, "that while poverty and despair will deter many from But it has already been explained that under appealing at all in cases improperly decided against the existing law and practice, no person is deprived of them, or deter them from appealing till too late to be heard, it is the practice of the Government Vakeels never to abandon a suit in which they have been cast, until it shall have been decided by the superior tribunal, or until at least the case shall have been referred to the special consideration of Government." See para. 7 of your letter. his patrimony, or forfeits his estate as you elsewhere affirm to be the case; and that in all cases of long possession, to which your remarks in your 12th para. particularly refer, the Lakerajdar, whose tenure is adjudged to be invalid, is entitled by law, to a settlement at what you term "half jumma" in perpetuity. No person has "for his life only." been offered such terms 9. But the truth is, that of the 611 cases decided by the special Commissioners of Patna, Moorshedabad and Calcutta, during the two years ending with the 31st of July last, only 36 were appeals on behalf of 15. Seventhly. After treating in para. 13 of your Government against the decisions of the tribunals of letter, upon sales of assumed Lakheraj tenures for the first instance, although in the course of the same realization of demands of Government against their period 4460 cases, involving an estimated annual revepossessors (instances of which must be rare), you nue of rupees 4,24,424, were decided against the claim proceed-In the far more numerous cases, however, of the state by those tribunals; and that of 1288 cases of sales under decrease of court, arising out of private now pending before the Special Commissioners of suits, redress by restitution is impossible. The proceeds Moorsbedabad and Calcutta, (time has prevented a of sales have been appropriated and expended, and reference to the Special Commissioners of Patna on vested rights have been acquired, which cannot be this point, only 161 are at the instance of the officers interfered with; such sales were unavoidable, and if whom you term the Government Vakeels." It is not the purchaser bought, believing the land to be Lakwithin his Honor's knowledge that any case of the na-heraj, because he found it so advertized, any defects of ture to which you advert has been referred to the special consideration of Government 10. Fourthly, you allege in the same para of your letter, that from this practice of universal appeal on the part of the Government Vakeel," has resulted the readiness which so many compromises at half jummah are submitted to, rather than incur a ruinous litigation with an all-powerful opponent. title being concealed by the laches of Government, can it be just that Government shall now exercise the power to ruin the purchaser by seizing the lands on the plea that they are not Lakheraj ?" The rules in the preceding section, are to be considered applicable to lands as 11. But with the exception of a short and unsuccess-held exempt from the ful attempt at compromise in the district of Chittagong, no such arrangement has yet been attempted on the part of government; consequently none such can have been submitted to" by the Lakherajdars. 12. Fifthly you state in para. 11 of your letter "that the humane and just government of Lord Cornwallis, legislating in 1793, did not disturb possession if it extended back to twenty-eight years, namely, if acquired in Bengal before the 12th August 1765," contrasting this state of the law with what is assumed to be the existing law and practice. But possession is no more disturbed now than it was liable to be in 1793; on the contrary, the present law and practice are far more favorable in that respect to the Padshaha Grantee than Regulation XXXVII. of that year, which direct ed that he should be ousted on his tenure being proved invalid, and that a settlement should be made with the person possessing the zemindary or proprietary right in the lands, whoever he may be." See Section VI. Reg. XXXVII. of 1793. payment of revenue 16. This passage would seem to have been written without advertence to the explicit provisions of Section XVII. Reg. XLV. of 1793, which prescribes rules for disposing of Malgoozary and Lakheraj Lands at public sales pursuant to decrees of the "Courts of Justices" as quoted in the mar gin. 17. Eighthly. You state in para. 19 of your letter, that be considered as another ground of complaint is having succeeded the assumption that because by only to the rights of the regulations of 1793, it was the former proprietor, ordered that all titles should be and that the transfer registered, therefore no titles is not to bar any are now to be respected, of claims of government which the registers are not forthrecovery of coming; but the fact is, that dues from in every case where it has been such lands under shewn that full notice and op Reg. XIX. and portunity of registration was XXXVIII. 1793, or not given, or that the registers any other regulation have been burnt or otherwise that may be hereafter destroyed, it has been directed that all Lakheraj claims should be investigated upon their me. rits, as if they have been duly registered according to for the enacted." "Further, the law of 1793 18. His honor proceeds to notice briefly, those pas- Lakheraj tenures that may have taken place to satisfy sages in your letter, with reference to which it appears to the demands of Government, it is certain that the be desirable that proceedings and views of the Govern-principle and general understanding have uniformly ment in the matter under discussion, should be ex-been, that in such cases, (as prescribed by law with plained. respect to sales in execution of decrees of Court,*) only the rights and interests of the possessor of such tenures have been sold, and the prices at which sales have been affected are believed to be such as fully Regulation to bear out the inference that no one has supposed that on such occasion an. absolute im munity from the payment of the land revenue guaranteed by the Government, has been sold or bought. But if any cases of a different character can be brought forward, which his Honor very much doubts, they shall receive his best consideration. Paras 14 and 15 of letter of the Landhold ers. 19. You speak in your second para. of the ap * See Sec. XXIX. pointment of young man under the name of Special Regulation XI. of Deputy Collectors to seek out cases of doubtful tenure, 1822 and Clauses 2d men in whom the character and interest of informer are and 5th, Section combined with judicial powers; but the officers in ques- XXIX. tion have been most carefully selected for the perform-VII. of 1822. ance of the difficulty and delicate duty entrusted to them; and the following extract from a Report received from the Special Commissioners of Moorshedabad and Calcutta, dated the 24th of January last, will prove how well they have performed it: "Now, however, the proceedings of the Special Deputy Collectors are conducted generally, in a superior style, and while we can bear testimony to the increased regularity and descri23. The Deputy Governor mination of those officers, we confidently expect that observes, that in these paras, the improvement will conduce to a considerable abridge. of your letter, you complain that ment in the labors of the appellate authority, and that the law of limitation (Clause 2. a given number of appeals will not occupy more Sec. II. Reg. 11. 1805) bas than half as much of the Special Commissionerss' time been misconstrued by the resumption judges, and you and attention, as they would have engrossed a few assume that because sixty years have elapsed since years ago. It does not fall within our province nor 1778, that therefore all tenures which existed before the have we complete means of ascertaining, what effect last mentioned year are necessarily protected by the this improvement in the character of the proceeds of law. This his Honor the Deputy Governor is by no the resumption officers has had on the proportionate means prepared to admit. You have not, however, number of appeals from their awards, nor would the stated, whether the alleged misconstruction has been proportion between appeals dismissed and those decreed made by one or more of the Special Deputy Collectors, in this court, during the past year, afford any criterion or by the Special Commissioners, and if by the former, for judging of the goodness of the recent awards of whether the case or cases in question have been carried the Special Deputy Collectors, as our late decisions in appeal before the latter; whether, in fact, the parties are partly of new cases and partly of those of long considering themselves aggrieved have sought, and standing. But we may confidently expect, as a natural failed to obtain, redress in ordinary legal course. If consequence of the increased regularity and discrimi- no such appeals have been made (as his Honor is in. nation of their proceedings, and the diminished pro.clined to believe must be the case, as he understands portion of their recent decrees which will be liable to be reversed in this court, that the number of appeals will in a short time diminish. Courts law, which can possibly be applied a priori to large that the law in question has never, except in one or two instances, been pleaded before the Special Commissioners,) it is obviously the course that should be taken rather than a general petition to the Executive Go20. In regard to the court of the Special Commis-vernment; for the law of limitation is not a general sioners, by which it is complained, that the judicial procedure prescribed by the regulations of 1793, for determining the validity of rent free tenures, has been supesseded. His Honor the Deputy Governor is not aware that by the establishment of that tribunal, in lieu of the regular courts, the law in question has been departed from. The court of the Special Commission- instances, ers is in all respects a Judicial Tribunal, and the judgespecially as regards the meaning under varying cir. ments passed by it are in the strictest sense final cumstances of the origin of the cause of action, and the judicial decrees, which is all that the law required fact of bona fide possession. For before possession was to be interfered with. In many such investigation, the courts of respects, they possess for the rent-free holder many the Special Commissioners are advantages over the regular courts, namely, that the manifestly the proper theatre, Judges who preside in them are selected for their high and to parties dissatisfied with their general construcqualifications as judicial officers, the process is much tion of the law, either an appeal to Her Majesty in less expensive, and the investigation by the means so Council, or application by petition to the Executive liable to inconvenient delays and interruptions. Never- Government, will of course be open. theless should His Honor be satisfied that a return to the established courts would be more favorable to the Lakherajdars, he will be prepared to recommend the adoption again of that mode of procedure. See Clause 4, Sec. 9, Reg. 2, 1805. Town Hall, Calcutta, 18th Feb. 1839. 24. In conclusion, and with reference to those passages of your letter in which you adduce instances of alleged individual hardship, * Para. 7th. or complain of extortion being practised by the agents 21. The Government is and always has been most anxious to save expense to the parties resisting its claims, as the rules of practice appended to Regulation 111 of necessarily employed in conducting the details of the 1828, will evince, and his Honor has ascertained that the Sudder Board of Revenue have recently forbidden the Special Deputy Collectors from carrying on their proceedings in any case without the district in which the tenure under investigation is situated. 22. His Honor observes, with reference to para. 13 of your letter, that as regards the few sales of assumed + Para. 10th and note and para. 22d. measures in progress,† I am directed by the Deputy Governor to state, that whilst it would be vain to expect that operations so extensive as those in questison could be carried on without giving rise to complaints of this of Revenue, the Sudder Board, and the Government nature, the Special Commissioners, the Commissioners Proceedings of a Meeting of the Committee, held at the PRESENT. Committee.-Cowar Suttchurn Ghosaul; G. Vint, Esq.; Moonshee Mohamed Ameer; W. C. Hurry, Esq.; and Baboo Sumbhoochunder Mitter. itself, will alike give the most attentive consideration Lakheraj lands. In consequence of the Registry of I am, Gentlemen, your obedt. servt., Fort William, the 15th January 1839.-Hurkaru, The gentlemen proposed at the last meeting were The following gentlemen were proposed as memor bers: Proposed by the Secretary, and seconded by Cowa Suttchuru Ghosaul--C. Butcher, Esq. Proposed by Cowar Suttchurn Ghosaul, and seconded by G. Vint, Esq, Rajah Ball Dutt Doobay, son of Rajah Sewloll Dobay, of Joanpore; Rajah Ramkisson Doss, agent of Shah Beharyloll, of Lucknow, resident of Shahabad; Dewan Mewaloll, zemindar af Shahabad; and Baboo Seetaram Panday, zemindar of Shahabad. The answer of Government to the Society's letter, accompanying the resumption, having been considered according to the resolution of the last meeting, it was resolved, that a petition be prepared to be laid before the Governor-General in Council, and that the former sub-committee be requested to continue their services for that purpose. WM. COBB HURRY, RAMANAUTH TAGORE, Hurkaru, Feruary 16.] Hony. Secretaries. AGRA RELIEF SOCIETY. COMMITTEE MEETING, 17TH JANUARY, 1839. 'PRESENT--Messrs F O Wells and Hamilton, Captains Graham and Wheler, the Rev J. Moore, Mr. R. Gordon, Treasurer, and Mr. Woollaston, Secretary; Visitors, Rev. Mr. Wybrow and Col. Sutherland. I. The Secretary read the requisition calling the present meeting to consider the expediency of abolishing the Famine Relief Society, and of reverting to the original Institution of the Station Relief Society. 2. Read a letter from Mr. Bell, requesting an additional allowance for his services at the Nyeke Mundee Hospital. Resolved," That the sum of 150 Rs, which has been paid to Mr. Bell for his services during 3 months, is ample, and that he has no further claims upon the Society." 3. Read the accounts of the Treasurer which exhibited a balance in hand, after remitting the sum of 10,000 Rs to Bombay, and reserving 8,000 for the erection of a Hospital at Agra, of the sum of Co.'s Rs 20,876. tion be made before the dissolution of the Agra Famine Relief Society. 1st. For the support of Orphan's whose parents died during the famine in the Goursala Hospital, and who possess peculiar claims on the Funds of the Society, and whose numbers at Agra amount to 330, that the sum of 600 Rs a month or Rs 7,200 being the estimated cost for one year's maintenance, be set a part, and that this amount be paid over to the Agra Orphan Committee. Secondly, that as the Goruckpore Missionary establishment received seventy of the Agra Orphans, that the sum of 2,000 Rs be placed at the disposal of that estab lishment for their maintenance, and that the money be sent to the Rev. Mr. Wilkinson, the Resident Missionary at that place, through the Rev. Mr. Wybrow, Thirdly, that the sum of 500 Co.'s Rs be sent through Captain Wheler to Futtyghur, for the Orphan Establishment at that station. With reference to a former Resolution of the Com-the Nyeke Mundee Hospital, the sum of Rs 100 per Fourthly, that for the establishment of servants at mittee, setting aside the sum of 8,000 rupees for building a Hospital, it was proposed by Mr. Hamilton, and mensem or 1,200 per annum, with 6,000 Rs for mainResolved unanimously," That the disbursement of the the Relief Society at Agra, many of whom have been tenance, be set apart for the poor and sick support, by above sum be suspended until further acoounts are reduced to their present state by the effects of the received from Bombay regarding the famine prevailing in Kuttyawar, and that in the event of its being required to aid in the alleviation of distress in that quarter, the erection of the Hospital at Agra be abandoned." 4. Resolved," That as the available balance in hand mount to Co.'s Re 20,879, the following appropria Famine. Fifthly, that the balance which may render, after the foregoing appropriations form a reserve fund for the present to meet unadjusted contingencies, or to be remitted to Bombay if not required in the N. W. Provinces. 5. Resolved, that with reference to a former resolu-duct on this occasion, may be conveyed to that gention of the committee in conformity to which the bungalow tleman. at Jungun Katora was purchased for the use of the Agra 7. That the Agra Famine Relief Society be now orphans, the premises be made over with the orphans dissolved, and that the Station Relief Society be revived to the Church Missionary Society, on the understand-on its original constitution, and that the present meming that the premises shall be appropriated for the use bers of the committee with the addition of Captain of the orphans so long as they may require them, and Wheler, constitute the committee of the Station Relief be placed under the managemant of a local committee Society, and that the present officers be requested to to superintend local subscriptions, and other details, continue their services as officers of the revived Sothe property in the premises being vested in the Church ciety. Missionary Society; and that the trustees of the Relief Society adopt measures to carry this resolution into effects. 8. That the Secretary be authorized to forward a copy of these proceedings to the Bombay Committee, and to publish the Society's report of their proceedings 6. Read an extract from a letter addressed by the Up to this date, with a final statement of the accounts Secretary to Government to the Officiating Commis- for the general information of the public. sioner of the Agra Division, noticing the invaluable 9. That the thanks of the Society be presented to services rendered at Agra by the Rev. Mr. Moore, the President, Treasurer, and Secretary of the Famine during the whole period of the late distressing famine, Relief Society for their past services. in every department of the charitable and benevolent operations, with the Right Honorable the GovernorGeneral's request, that the expression of the higher sense entertained by his Lordship of Mr. Moore's con CALCUTTA PUBLIC LIBRARY. At a meeting of the Curators of the Calcutta Public establishing itself in the Metcalfe Building, and that in their opinion it would be a great benefit to the Institution to have the use of such a building upon the terms contained in the resolutions communicated by Mr. Carr." The Librarian submitted a letter dated 26th instant After some discussion it was resolved.-That the from W. Carr, Esq., on behalf of the committee of subscription to the proposed Metcalfe Library Building, annual meeting be called on Thursday the 28th Februrequesting to place before the curators a copy of resolu-ary at 4 o,clock P. M. and that it be made a special "one for the purpose of considering a proposal from the tions accompanying it and to obtain the sanction of the members of this Institution to transfer the amount subscribers to the Metcalfe Library Building to devote of the Vested Fund to the subscription to the above building. Mr. Grant drew the attention of the meeting to another letter received some time ago from W. Carr, Esq., desiring to know if the Proprietors of this Library had any objection to place their books in the Metcalfe Library Building when it would be completed, and to the following resolution passed by the committee of curators on the 17th September 1836. "That as it appears to the curators there is nothing in the constitution of the Public Library to prevent its it to the purposes of this Library and of taking the sense of the meeting on a motion to authorize the curators to appropriate the amount of the Vested Fund in aid of such buildings whenever they are assured of sufficient means being available to provide the accommodation necessary for this purpose.' PEARY CHAND MITTRA, Librarian. Library Rooms, 4th February, 1839. [Hurkaru, February 5. UNITED INDIAN ASSOCIATION. At a general meeting of the Members of the Patriotic consequent npon the absence of suitable laws enforcing Association, held at the Town Hall, on Saturday trials by Jury, and the want of such a protective law as evening, the 9th February, 1839. the following reso-the habeas corpcs act a comprehensive Patriotic Associalution were possed Proposed by Mr. C. P. Fisson, and seconded by Mr. Wm. Reed, that Mr. C, A. Fenwick do take the chair 1st-Proposed by Mr. Wm. Reed, and seconded by Mr. J. Rabbeth, and unanimously resolved, that taking into serious consideration the apparent inattention manifested by the Government of the H. E. I. Company, to some of the clauses of the present Charter Act, passed by the Legislature of Great Britian,as evidenced by the non-operation of clause 87th of that charter, and the disabilities we all labour under when in the Moofussil, tion, for the purpose of using all lawful and constitutional means of procuring the removal of all such disabilities and grievances, be now formed by the union of all classes combining British-born subjects, East Indians and Natives. 2d- Proposed by Mr. J. Rabbeth, and seconded by Mr. C. P. Fission, and resolved, that in order to render the operations of the association as comprehensive as possible, so as to include, within their range every inhabitant of British India, who may be interested in the success of the means to be employed by the association, |