BY THE PRESIDENT IN COUNCIL. FORT WILLIAM LEGISLATIV DEPARTMENT, FEBRUARY 4, 1839.-The following Act is passed by the Hon'ble the President of the Coun cil of India in Council on the 4th February 1839, with the asseut of the Right Honorable the Governor General of India, which has been read and recorded. trate to impose any fine exceeding 200 rupees, or to imprison the offender for any term exceeding six months. III. And it is hereby enacted, that in all cases in which offend. ers are or may be punishable by fine before a magistrate, accord. ing to the provisions of any Act heretofore passed or which here. after shall be passed by the Governor General of India in Council, it shall be lawful for the magistrate, and he is hereby required to receive proof of the commission of the offence upon oath, or upon able by law instead of an oath. Ordered, that the Act be promulgated for general information. solemn affirmation in cases where a solemn affirmation is receiv ACT No 1. of 1839. I. It is hereby enacted, that from the first day of May next ensning after the passing of this Act, all Regulations and parts of Regulations of the Bengal code, which give to any persons of class of persons authority, by virtue of any office held by them, to sell property distrained for the recovery of arrears of rent shall o far as they give such authority be repealed. II. And it is hereby enacted, that from the date aforesaid it shall be lawful for the collector or officer duly exercising the pow ers of a collector in each district subject to the presidency of Fort William in Bengal, to appoint, by a sunnud under his signature and seal, in the terms of the schedule appended to this Act, and conformably to such instructions as he may receive in that behalf, any person or persons to exercise the function of sealing property distrained for the recovery of arrears of rent in each pergunnan or sub division of his district, and to authorize such persons to remunerate themselves by deducting a per centage, not in any case exceeding ten per centum on the amount of the proceeds of the sale. III. And it is hereby enacted, that all Regulations and parts of Regulations of the Bengal code which give powers to, or pres cribe rules for the guidance of persons appointed to conduct the sale of property distrained for the recovery of arrears of rent, or which assign any penalty or other punishment for misfeasance in the discharge of such duty, shall be applicable to all parties ap pointed for the sale of such property under this Act. SCHEDULE. Zillah 1, A. B, collector of (or exercising the powers of a collector) In virtue of the powers vested in me by Act No. 1 of 1839, appoint you C. D. commissioner for the sale of property, distrained for the recovery of arrears of rent, in the manner prescribed by the Regulations of Government. You are to reside at E., in Pergun nab F., and are to exercise the authority vested in you by these Re ulations or by any others which may be hereafter transmitted to you for you guidance, in strict conformity thereto; and are to keep a regular and complete record of your procedings to be produced when called for by me, or by the Courts of Justice You are hereby authorised to remunerate yourself for your trouble, by deducting and appropriating-per centum to the amount of the proceeds of sale. The following Act is passed by the Hon'ble the President of the Council of India in Council on the 4th February 1839, with the assent of the right Hon'ble the Governor General of India, which has been read and recorded, Ordered, that the Act be promulgated for general information. 1. It is hereby enacted, that in all cases of fines by which offenders are or may be punishable by any magistrate, according to the provisions of any Act heretofore passed or which shat hereafter be passed by the Governor General of India in Council, it shall be lawful, in case of non payment, if no other means for enforcing the payment are or shall be provided by such Act or otherwise, for the magistrate, by warrant under his hand, to levy the amount of such fine by distress and sale of any goods and chattels of the off nder which may be found within the jurisdiction of such magistrate, and if no such property shall be found within uch jurisdiction then it shall be lawful for every such magistrate by warrant under his hand, to commit the offender to prison, there to be imprisoned only, or to be imprisoned and kept to hard labor, according to the discretion of such magistrate, for any term not exceeding two calendar months, where the amount of the fine shall not exceed 50 rupees, and for any term not exceeding four calendar months, where the amount shall not exceed 00 rupees, and for any term not exceeding six calendar months in any other case, the commitment to be determinable in each of the cases aforesaid upon payment of the amount. IV. And it is hereby declared and enacted, that in this Act and in all Acts heretofore passed by the Governor General of India in Council, the terins fine" and "fines shall extend to all penal. ties" and "forfeitures," and the term "magistrates" shall extend to all joint magistrates" Persons lawfully exercising the powers of a magistrate, and " justice of the peace." J. P. GRANT. Offg. Secy, to the Govt. of India. PORT WILLIAM, GENERAL DEPARTMENT, JANUARY 9 1839.-The following dispacth, No. 4 of 1838, from the Hon'ble the Court of Directors in the marine department, dated the 12th September, together with the explanation and sketch therein mentioned, is published for general information. The Governments of the different presidencies have been requested to take steps to procure the establishment of tide guages, on the plan mentioned, and the registration of the tides at the points and in the manner desired, and scientific persons interested in the subject are invited to adopt a similar plan for observing and registering the rise and fall of tides, at any places where the op portunity may be afforded them of making such observations. - GENERAL DEPARTMENT, JANUARY 23.-The Hon'ble the Deputy Governor of Bengal directs, that the following extract from letter No. 29 of 1835, from the Hon'ble the Court of Directors, in the public department, dated the 17th October, be published for general information. . Under the circumstances brought to our notice in your letter in this department, dated the 12th March last. (No. 7) we autho. proceeding to England, or the Cape of Good Hope, from rupees rize you to reduce the deposit made on account of native servants 1000 to rupees 500." JANUARY 23-Mr. R. D. Mangles, of the civil service, has been permitted to proceed to England on private affairs. Mr. G. C. Cheap, of the civil sorvice embarked for England on board the ship St. George," which vessel was left by the pilot a Sea on the 16th instant. Lieutenant Hay Ferrie, of the 48th regiment Madras native infantry, having been placed by the Government of Fort St. George at disposal of the Government of Bengal, is appointed assistant under the Governor of the eastern settlements, vice Mr. W. Balhetchet resigned. The appointment will take effect from date of Lieut. I. Farrier's arrival at any one of the settlementa in the straights of Malacca. The transfer of Mr. Alexander Ross, of the civil service, from Bengal to the North Western Provinces, dated the 16th instant, and which appeared in the Calcutta Gazette of the 19th idem, will have effect from the 15th proximo. JAN 30-Messrs W. Ewer, Thomas Taylor, W. Blunt, and R. H. Scott, of the civil service, the three former gentlemen embarked on board the ship Earl of Hardwicke and the latter gentleman on boardt be ship Richmond, which vessels were left by the Pilots at Sea on the 24th and 25th instant. JANUARY 30-The Reverend J. H. Pratt reported his arrival As an assistant chaplain on the Bengal establishment, on the 19th instant. The Honorable the Deputy Governor of Bengal is pleased to notify the appointment made by the Right Reverend the Lord Bishop of Calcutta of the Reverend J. H. Pratt, assistant chap. lain, as domestic chaplain to His Lordship, from the 19th II. And it is hereby enacted, that in all cases in which offenders are or may be punishable by any magistrate with fine or imprisonmont, or both, according to the provisions of any Act heretofore passed or which shall hereafter be passed by the Governor General | iustant, of India in Council, and where the extreme amount of the fine or imprisonment is not specified, it shall not be lawful for the magis. For the sketch vide separate slip, PERRUARY 1-Messrs. J. Shaw, E-Bentall, T. Bruce and R H Mytton, of the civil service, embarked for England on board the ship Scotia, which vessel was left by the pilot at sea on the 29th ultimo. FEBRUARY 6-Mr. D. J. Money, of the civil service reported his return to this presidency from the Cape of Good Hope, on board the ship Thomas Grenville, on the 3d instaut. The Hon'ble the Deputy Governor of Bengal is pleased to grant to Mr Georg Mainwaring, of the civil service, leave to proceed to the Cape of Good Hope, and to be absent for two years, for the recovery of his health, as taking effect from the date the pilot may quit the ship Duke of Buccleugh at sea. "It is our desire that all letters which the General Commanding in Chief in England, or his military secretary, may address to any of Her Majesty's officers serving in India, should be received by them free of all Indian Postage. You will therefore issue the necessary directions for carrying this intention into effect." FEBRUARY 6-Notification.-In compliance with the orders, contained in a despaich from the Hon'ble Court of Directors, dated 19th September, No 24 of 1838, and of a despatch dated 7th No. No. 24 of 1833, dated 19th Sep- vember, No. 2s of 1338, bojh tember cited in the margin, the Hon'ble the President in Council, under the powers reserved to the Go vernment of India by Sec XXIX. of Act XVII, of 1837 directs that letters despatched fron or addressed to any of Her Majesty's officers serving in India when transmitted to of franked by the General Commanding in Chief in England, or his military secretary, shall be conveved throughout India free of Indian Postage, also letters to the assistant military secretary and chief clerk of the General Commending in Chief's oflice from the same persons superscribed " On Her Majes ty's service," and letters frank ed by those officers similarly certified. No. 28 of 1838 dated 7th Novem ber. "Referring to our letter in this department dated the 19th September (No 2 of 1838) we directed that all letters franked by the General Commanding in Chief in England, and by his military secretary, to whomsoever they may be addressed, he exempted from Indian postage ; and that the franks of the Assis. tant Military Secretary and of the chief clerk of the Comman. der in Chief's Office" On H. M's. service" be allowed to pass throughout India free of postage." The Honorable the President in Council has been pleased to appoint ur. Assistant Surgeon T. A. Wise, M. D, to be secretary to the General Committee of public instruction. FEERUARY 18.-The Hon'ble the President in Conncil is pleased to permit Mr. J. Thomason, of the civil service, to proceed to the Cape of Good Hope, on urgent private affairs, for a period of six months. FEBRUARY 16.-Notice is hereby given, that the salaries and al lowances of the civil and marine departments, for February, in stant, will be discharged by the Sub Treasurer and Marine Pay master respectively, on or after Friday, the 15th proximo. SEPARATE DEPARTMENT, FEBRUARY 12 -The Honorable the Deputy Governor of Bengal has been pleased to appoint Mr C. Bury to be salt agent of Bullwoah and Chittagong, vice Mr. G. Gough. Erratum in the Orders of the Hon'ble the Deputy Governor of Bengal No. 74, dated the 9th February, 1839, published in the Calcutta Gazette of the 9th February For Mr. J. H. Crawford, of the civil service, embarked for "England," read for Cape of Good Hope. Political Department. JANUARY 16-The following appointments and promotions made in the Political Department, on the dates severally mentioned, are pub ished: OCTOBER 17.-Captain Vetch to be a principal assistant in Upper Assam. NOVEMBER 7.-Lientenent Bigge_appointed a principal assis. tant to the Agent to the Governor General North East frontier, vies Lieutenant Backhouse deceased. JAN. 30-Major Wilkinson, political agent south west frontier, to be officiating resident at Nagpore, vice the Honorable Mr Cavendish, proceeded to Bombay for the purpose of embarking for Europe on furlough. F B. 6.-Major J R. Onseley, of the 60th regiment natire infantry, to be officiating agent to the Geverner General south west frontier, vice Captain Wilkinson, appointed to officiate as resident at Nagpore. FINANCIAL DEPARTMENT, JANUARY 24.-Mr. R. H. Mytton is relieved from the office of Acting Head Assistant to the Account General, from the 28th instant, prior to embarkation for Europe. PEBRUARY 18.—Mr. C. Trower, the civil auditor, is permitted to be absent from his office for a period of two months, Mr. H. Palmer will conduct the duties during Mr. Trower's absence, of untii further orders. Memorandum of the necessary instruments at each station. OUR GOVERNOR GENERAL OF INDIA IN COUNCIL. MARINE DEPARTMENT No 4 1838.—In our dispatch in the public department dated the 24th January last, (No 1) we directed you to cause a series of tide observations to be made upon an uni. form principle at various points on the coast of India, and in order that such registry of tides may be conducted simultaneously with like experiments instituted for the same object throughout the British Islands and the Maritime States of Europe, we have been at considerable pains to ascertam from those most competent to afford information what description of instru. ments, apparatus, and process bare been generally agreed upon and cousidered best adapted to insu e uniform correct resuits. We have now to call 4. Barometer with a Daniel's or Leslie's Hy. grometer, Thermometer and Sempesometer : Whewell's AnamomeVariation Transit, with ter, a box Chronometer, Gambey's Dip Circle, Gouss' instrument for the Diurnal Variation. your attention to the simple expedients which they have recommended to our acceptance, for such comparatively we consider the apparatus specified in the margin, for seven principal and as many as 18 intermediate stations of less note, including also the requisite instruments for observing the time and meteorological phenomena. 2. The nature of the observations contemplated do not call for buildings of a costly or permanent description. At the principal points it may be advisable that the observations should extend though two or at most three entire wears in view to the registered of the changes incident to two or it may be three opposite moasoons; at all the remaining points a single series of observations during opposite monsoons, will suffice for every purpose practical and philosophical. 3. We are further advised since the observations are to be limited in duration, that they may be carried on consecutively at s certain number of places at a time so that the very same apparaftus and instruments employed in the one instance may be transerred at the expiration of such term, and set up with little expense at the remaining stations by the respective parties instructed in the former operations. 4 We have consulted the Lords Commissioners of the admi. ralty as to the number and situation of the places where it may be most desirable to institute the more elaborate experiments, and direct accordingly that they may be confined to the following ports; viz. Mandne in the Gulf of Cutch. Cochin or some Port near Cape Comorin. Prince of Wales Island, and Singapore and Malacca. 5. Macuo and Mocha, Suez or Cosseer in the Red Sea, have been also named, but we are doubtful of your means for conducting observations, especially the more elaborate ones at those places. 6. Other experiments may be made with a simpler apparatus at eighteen intermediate points on the coast. 7. It appears to us that the greatust difficulty consists in the selection of proper places, sheltered as much as possible from the effects of the external swell to which places the observer may at all times have convenient access, and the selection whereof must unquestionably be delegated to the officer on whom the general management will devolve. 8. In such localties however we are fully satisfied that self Lieutenant Wemyss, reported qualified after examination for registering Tide Gauges, constructed either upon the general public employ, to be a junior assistant to ditto ditto. Lieutenant Strut ditto ditto to be ditto ditto. Ensign Scott to be Acting ditto ditto to ditto ditto. NOVEMBER 23-Messrs. Strong, Driver and Grange were ap pointed sub-assistants to the Agent Governor General NorthFast Frontier. principles of that invented by Mr. Mitchell, now in operation at Sheerness, or that invented by Mr. Bunt, civil engineer, which is, employed at Bristol, are alike applicable to the determination of every desideratum connected with the theory of the tides, and far better suited to such investigations than more complex and inge. nious machinery which may be subject to many sources of instrumental error, or affected by circumstances peculiar to the cli mate. This apparatus will serve to shew the greatest and least height of each successive tide, when immediate access is precluded by storiny whether, merely fitting two rings on the measuring staff, move freely. one a love the other below the index, which shall without constraining the ascent of the float, yet so as to remain on the rod wherever placed., Ecclesiastiai Department,.-The Hon'ble the Deputy Goverof Bengal is pleased to notify the appointment made by the Right Reverend the Lord Bishop of Calcutta, of Mr. Robert Molly, as regis rar of the archdeaconry of Calcutta, and secretary to His Lordship, from the 1st instant FEBRUARY 7-Mr C. Marsween, of the civil service reported his return to this presidency on board the sfiip Thomas Grenville, on the 7th instant. FEBRUARY 9-Messra. J. H. Crawford, E R. Barwell and H. Ricketts, of the civii service, çinbarked for England on board the ship Robert small which vessel was left by the pilot at sea on the 6th instant, FEBR ANY 6-Under the instructions of the Hon'ble the Court of Directors, the hon. the D puty Governor of Bengal directs that the following notice be published for general information; By the commissioners for mannging and causing to be levied and collected Her Majesty's customs and other duties. Calcutta, NOTICE TO REGISTERED OWNERS OF BRITISH SHIPS By an Act passed in the 1st and 2d year of the reign of Her Majesty Victoria, cap. 13, the owner or owners of any British ship vesse! which shall have been lost, or taken by the enemy, or burut or broken up, or otherwise prevented from returning to the port, to which such shin or vessel belongs, or which shall on any account have lost or forfeited the privileges of a British ship, shall immediately upon obtaining knowledge of any of the cir cuinstances atoresaid, give notice in writing of such circumstances to the collector or comptroller of the customs at the port of registry of such ship or vessel, and in case any British registered ship or vessel shall have been absent from the port of registry for the space of three years, the owner or owners of such ship or vessel shall in like minner give notice in writing to the collector or comptroller of the customs at such port, stating therein the causo of such absence, and that the said vessel has not forfeited her pri vileges as a British ship, and every such owner or owners failing to give such notice in either of the crses aforesaid, or making any any untrue statement in respect to any such ship or vessel. shalt forfeit the sum of five pounds And by the conditions of the re gister bond required under the 3rd and 4th W 4, cap 55, sec 20, the certificate of registry of a British vessel is to be delivered up to the collector and comptroller of customs within one month after the arrival of the master in any of the ports of Her Majesty's dominion's to be cancelled in case the vessel for which it is granted shall be lost, or taken by the enemy, burnt or broken up or otherwise prey nted from returning to the port to which sho belongs; or if such vessel shall have been sold in the whole or in part to forei:ners, and the vessel shall be within any of the ports of Her Majesty's dominions, the certificate of registry is to be delivered up in like manner, within seven days after such sale or if such vessel shall be in any foreign port, when sucl sais takes place, the certificate of registry is to be delivered to the British consul resideut nearest to such foreign port, or if such vessel shall be at sea wh such sale takes place, the certificate of registry is to be delivered up to the British consul at the port to which the vessel shall fist arrive after such sale, on forfeiture of the penalty of the said bond. By Order of the Commissioners. Custom House, London, September 11th 1838. - FBRUARY 6-The Hon'ble the President in Council has been pleased to grant to Mr. . Kittoe, Surveyor Raebore post road leave of absauce for a period of fifteen days, to visit the presiden. cy, on medical certificate. FEBRUARY 9.-Lieutenant Colonel J. Low resident at Lucknow, embarked for the cape on board the ship Robert Small which vessel was left by the pilot at sea on the 6th instant. |