&1 75"/- C CmCULAR ORDERS } ISSUED FROM THE LATE OFFICE OF THE n UPEEIHTEND^NT OF POLICE^ (^ IN THE^ • ^ /'LOWER PROVINCES, ^ TO (the magisterial Am OTHER CRIMINAL AUTHORITIES ) AND TO /'the EERRY. EUND COMMITTEES,') f FROM N0^T:MBEK, 1837 TO FEBRUAEY, 1854. ^ 3 ARRiNGSD WITH BY ^W. R. BAILLIE, ) LATE riEST ASSISTANT, IN THE JUDICIAl DEPARTMENT OE THE BENGAI SECEETAEIAT. 7 BY AUTHORITY. CALCUTTA : PRIKTED BY J. THOMAS, BAPTIST MISSION PRESS, CIRCULAR ROAD. 1854. ftlACK ANNEX 4jj.^il>'i7^ PREFACE. * The publication of the present work was suggested by the frequent .applications to the Bengal Secretariat for copies of the Circular Orders of the Superintendent of Police, Lower Provinces, and by the fact that a complete set of them did ;aot exist in any office, and could not be collected without much difficulty. The latter circumstance has caused the omission in this book of Circular, No. 4, of 1838 ; the Compiler, however, has reason to know that it was on a matter of only transient interest. The plan of this compilation may be thus briefly explained. Unimportant Circulars are omitted ; but with the view to preserve the sequence of numbers, their subjects are briefly mentioned. The same course has been pursued«with Circulars which have been rescinded or modified, notes being added, however, in the margin, of the orders by which they have been rescinded or modified. In fact wherever a Circular has b^^n in any way afl'ected by subsequent orders, or where the subject of a Circulai* in any way relates to other Circulars or Orders, whether of the,, Superintendent of Police, or of other authorities, the references to these latter are supplied in the margin, or where such a course has been considered necessary, they havCbeen appended in smaller type. Circulars containing requisitions for information, are briefly given for the purpose .pf indicating what information is available in the records of the late t)ffice of the Superintendent of Police, Lower Provinces. The Reg^dations, Acts, or Orders of Authorities, which are mentioned or referred to in any Circular, are appended to it, or are marginally noted, as well as any other orders, not mentioned nor referred to, but yet bearing on the subject, so as to render the book, as a book of orders, complete in jtself, and thus to obviate references to voluminous works •1 Oi ;'f rr' *:* *! -a yi • PREFACE. wliifli are not conveniently or generally 'accessible, especially at out- stations, on tours, or in camp. In the Appendix several oFders of .almost daily reference are given ; these, it is believed,* will be found useful, and may prevent njuch of the unnecessary correspondence with Govcj-nuKifnt, which, the Compiler is aware, has often taken place. The Compiler is conscious of having spared neither tioie nor trouble in the endeavour to ensure accuracy, but those who have experienced a Compiler's drudgery will uvderstand how, notwithstanding that conscious- ness, he can solicit, as he now does, the kind indulgenpe of his readers for imperfections in the book, • *• In conclusion, the Compiler begs to intimate that a book of the character of Marshman's " Darogah's Manual," brought down -to the present date, is in course of compilation by him, and that it will shortly be published. Calcutta, \st August, 1854. c c LIST OF REGULATIONS, ACTS, AND ORDERS OF DIFFERENT AUTHORITIES QUOTED IN THIS VOLUME. EEflULATIOXS or GOYEENMENT. Tear Ko. Sec. pi.* * * Page 1793, IX. 6, „ 239 „ XXII. 6, „ 17.3 10, „ 140 1803, YI. 6, ,, .., • 239 1807, IX. 19, „ Gi „ ,XII. 21. ^, ....' 1S8 „ XIY. 11,,6' 188 1809, A'lII, 5, 5 70 1812,111, 9, 1&2, 7 >) " _>a " '-4 8, 9 1816, XXn.l5&16, „ 41 24, „ ^ 17 1817, XX. 9, lto8, 60 „ „ 14, ltol2, 120 „ „ 15, 1 to7, 122 .„ „ 19, 1 to 6, 236 „ „ „ 16&17, •. 237 „ „ 20, 8to.l2, 165 21, ItolO, ,.... 55 „ 27, 1 to 7, 136 33, 1 to 3, 61 1818, YIII. 8, 1, 142 1819, YI. • 3, lto3, • 100 7, lto4, , 143, 1821, III. „ 1 to 5 166 ACTS OF GOYEENMENT. ■fiear. No. Sec. Page 1837, XV. 1, 25 „ „ 8,* 42 „ XXIY.lto8, 1 1841, XYI. 1&2, 169 • DESPATCHES OF THE COUET OF , DIEECTOES, Year No. Date Page 1815, 6th January, 14 1830, 2dSebruary, 22 1840, 4, .11th February 85 1842, 2, 23rd February, 63 1844, 20, 21st August, 153 1845, 1, 15th JUnuary, 63 „ 26th November, 85 „ 18, 23rd September, 183 184G, 8, I9th August 184 1849, 31, 18th December, 210 1850, 27, 10th July, 215 • OEDERS OF THE GOVEENMENT OP INDIA. No. Date Year Page 15, 4th June, 1842 , 94 ISth January, 1843, 107 150, 30th August, 1843, 138 237, 28t!f October, 1843, 129 999, 28th October, 1843, 129 8th December, 1843, 139 459, 28th June, 1845, 167 19th June, 1846, 181 426, 20th June, 1846, 179 302, 21st August, 1846, 183 527, 28th August, 1847, 192 206, 19th February, 1848, 199 709, 16th September, 1 848, 204 81.3, 16th September, 1848, 203 2, 26th December, 1851, 224 OEDEES OF THE GOYT. OF BENGAL. No. Date Year Page 747 21st December, 1810, 242 25th April, 1812, 132 8th May, 1823, 29 1509 Slat August, 1832 28 14th November, 1837 6 1 99 13th February, 1838, 18 354 27th March, 1 838, 20 772 10th AprU, 1838, 21 997 15th May, 1838, 25 726 10th Jul7, 1833, 28 25th July, 1839, 49 25th Julv, 18.39, 50 195 29th August, 1839 47 1246 29th August, 1839, 47 1246 29th October, 1839, 51 229 6th February, 1840, 58 766 8th September, 1840, 76 1572 24th November, 1840, 81 411 4th July, 1842 94 876 4th July, 1842, 186 ' 30th January, 1843 108 1600 6th November, 1843, 129 747 16th May, 1844, 139 811 27th May, 1844, 141 27th February, 1845, 114 661 12th April, 1845, 222 1.307 9th July, 1845, 167 1511 30th July, 1845, 168 2291 3rd September, 1845, 170 VIU LIST OF REGULATIONS, ETC. No. 2207 2394, 1130 39 .'i27 381 689 1674 761 908 150 2261 164 298 95 77 120 8 912 Date. Tear Page 17tii December, 1845, 174 21 St August, 1846, 181 1 0th September, 1 846, .*; 1 80 9tli December, 1840, 222 IstJuue, 1847, 23 2ndJime, 1847, 189 2Stli August, 1847, i 192 22ud March, 1848, 198 12tli Apnl, 1848, 200 2Sth December, i 849, 207 1 0th August, 1850, 217 28th AprU, 1851, 220 28th May, 1851, 220 26th October, 1851, 176 14th January, 1852, 224 16th February, 1853, 233 18th April, 1853, 234 8th September, 1853, 249 4tli November, 1 853, 176 13th January, 1854, 264 1 7th February, 1854, 114 29th March, 1854, 198 22nd April, 1854, 195 CIECULAE OEDEP^S OF THE NIZAMUT ADAWLUT. Tear. No. Date. Page 1800, 23, 4thJulv, 240 1810, 73, 23rdAugust, 240 1811, 89, 13th June, 242 90, 20th June, 240 1815, 147, 18th April, 90 „ 156, 20th November, 243 1822, 264, 16th August, 133 1827, 329, 3rd October, 136 1829, 20, 15th May, 190 1830, 54, 16th Julv, 243 1831, 87, 22nd JulV 106 1 835, 1 63, 27th February, 62 „ 171, ;>dJul7, .'. 23 „ 173, 17th July, 90 „ 1 66, 4th September, 63 1838, 7, 2ud February, 3 1841, 87, 2nd July, 21 1842, 110, 24thJune, 108 1S43, 136, 2udMay, 23 „ 138, 16th June, 119 146, 27th October, 108 1845, 192, 17 th January, 155 1845, 197, 2Sth February, 15 1 Tear. ■No. 1846, 202, 1847, 5, 1849, 23, 1351, 59, 1» 75, Date. Page 2.".th April, 03 3l3t March, 183 7th April, 120 16th May, 219 17th -December, 2 15 CIECIJLAK OKDERS OF THE SUPDER DEWANNY ADAAVLUT. 1831, 34, 23rd September, 22 1832, 48, 18th May, 14 1835, 150, 3rd July, 23 1835, 160, 27th November, 15 1836, 193, 16th December, 23 1845, 93, 5th September, „64 1846, 134, 17th July, 23 CONSTRUCTIONS. 1812, 101, 23rd April, ..U 240 1831, 608, ISth November, V 1 06 1838,1167, 17thAugust, 239 „ 1150, 27th September, 188 CIECULAE OEDEES OF THE MILITAET BOAED. 1835,1776, 2IstJuly, 175 1842, 42, 10th March, 175 1845, 193, 30th December, 175 1849, 365, 20th July, 175 1852, 508, 24th January, 175 CIECULAE OEDEES OF THE BOAED OF EEYENUE. 1820, 52, 4th February, 81 1834, 212, 17th June, ..' 23 1835, 253, 3rd April 15 „ 254, 10th April, 23 1836, 318, 23rdAugust, 15 1838, 73, 6th November, 82 1840, 44, 5th December, S3 1841, 18, lOthJune, S3 1843, 6, 26th May, 163 1846. 13, 22ndMay, 171 1849", 732, lOth April 205 1S50, 824, 3rd September, 2l6 81, 26th December, 84 1854, 5, 3rd February, 264 TUCKER'S " MT NOTE BOOK," Page 85 CIRCULAR ORDERS OF THE SUPERINTENDENT OF POLICE IN THE LOWER PROVINCES. J ISSUED BETWEE]J THE TEAES 1837 AND ISoi. No. I. TO ALL MAGISTRATES. No. 46.— Dated Fort William, 30th November, 1837. No. 46, of 1837. xjlS decisions passed by Sessions Judges under Act XXIV. of 1 837 in mis- Decisions of Ses- ,, , r ■ • 1 i *• • 1 • • 1 sious Judges in cellaneous appeal cases or a criminal nature, may sometimes involve principles criminal anneal that will affect the proper administration of the police, IMagistrates are cases, which may > 1 . ,1 1 1 f 11 1 • • , , affect the police requested in all such cases to make a lull and circumstantial report on the to be reported to subject to the Superintendent of Police, to enable him to secure proper re- ^"P'^*'' o* Police. medies through the legislature if necessary. Magistrates will bear in mind that these instructions are intended to apply solely to miscellaneous appeal casae decided by the Sessions Judge from which no further appeal will lie. ( Abstract. ) Act XXir. of 1837. ^-"^ ^^^^'- "/ 1837. The Govr. of Ben- 1. — It is hereby enacted, that it shall be lawful for the Governor of the Presidency of Fort gal may apjioint a William in Bengal to appoint a Superintendent of Police for the territories under his Govern- ■nivpart'of that'prov' ment or for any part thereof, and for the Lieutenant Governor of the N. W. Provinces to appoint I^'''" *'\^ Goyr. of ■a Superintendent of Police for those Provinces, or for any part thereof. part of those Prove. B 2 CIRCULAR ORDERS V W of IS'57 '^- — ^"'^ '* '* '"^'■'^^y enacted, that whenever a Superintendent of Police shall be appointed V ^ — : ' under this Act, such parts ol^ Section 7, Reflation I. 1829 of the Bengal Code, as vest the Ac-t XXIV. of 1837. Cnniinissionor of Revenue and Circuit with the Autit-s and powers belonging to the SujM.'rin- Wlu-ii a SiiiKlt. is tciulcnt of Police, sliall cease to have efj-ct in the territories which may be compri.sed within B)>|u)iiiti'd iiucUt tliis ^]^j. jurisdis^^^ion of such Superintendent, and such Superintjpndent shall be guided in the exeAi- iiowiTu vcsloil in tlio tioii of the duties of his office by the Rules contained in Regulation X. 1808, and, other Regu- Comrs. of Ri-voiuie l^(^i(,nJ, of the Bengal Code, subsequently t-nacted, in regard to tlic said office, in so far as they and t'ircuit, by bee. ^ . ' 7, Ri-gii. I, 1829, may not be modified or repealed by^this Act. Su\at''riuilll"'"LT('le(l in.— And it is hereby enacted, that whenever such a Superintemk-nt of Police as aforesaid by Rog, X. I8ua, luid sliall be appointed for any jurisdiction. Section 3, liegulatiou IX. 1831 of the Bengal Code,' su^sciiuui ^1 . ^^ shall cease to have effi.'ct within that jurisdiction. 1831, to cease to liavc jy — j^^ ^ js herfbv enacted, that the Superintendent of Police appointed under this Act, i-llett wheiu'ver Supt. •' , „ • ,, . . is ai>i>ointcd. shall exercise all the powers that may be now legallj^ exercised by the Commissioners of Cirftiit, Supt. to exercise j -^ ^ ^, authority vested in them by Section 3, Regulation L f82D of the Bengifa Code, nil the powers now ■"■•'• ^ j ' o -» i o > excn-ised by Comr. of in regard to the appointment, suspension and removal of any ministerial or police offieer, Ko" I 1829 in re- subordinate to any zillah or city Magistrate or Joint Magistrate. • ' gard to the appoint- y. — And it is hereby enacted, that whenever the whole administration of crtsiinal justice ment, iuspensior and .' . -i-tt i-in-i i- <-<• xi removal of any minis- shall, under the pro^^slous of Act No. V II. of 183^, be vested m any Sessions Judge, such tenal otluer subordi- Sessions Judge shall receive and trv anv appeal made to him from any order of anv zillah or nate to zillah, eily, ° • v 1 1 j or Joint JIagistrate. city Magistrate, or Joint Magistrate, wliether such order may have been passed in a criminal . whe'ir've'ted under trial or in any Judicial proceeding whatever — provided, that it shaU not be competent to sw.-h Aet 7, li>35, with the Sessions Judge to interfere with any order passed *by a zillah or eitv Magistrate, or Joint whole administration -- . i. , . ■ , •,.'•■• i of criminal justice. Magistrate, regarding the appointment, suspension, or removal of anj' ministerial or pouce shall receive and try otji^gj. the revision of which has by Section FV . of this Act been entrusted to the Super- any appeal mailc to ■' ' him from any order of intendent of Police. ^ \I "'trate 'hi Tnv ^'^" — ^^'^ ^^ ^ hereby enacted, that the decision of a Sessions Judge in appeal from the order judicial proceeding of a zUlali or city Magistrate, or Joint Magistrate, in an\- judicial proceeding other than a Decision of Sessions criimnal trial ; and also the orders of the Superintendents of Police in regard to the appoint- .iudi;cinany such ap- mp^t, suspension, or removal of a ministerial or poUee officer of a zillah or city Maaristrate, peal not to DC open to . . ... revision by the Xiza- or Joint Magistrate, passed under the provisions of Sections TV. and V. of this Act, respec- "' s'c^ionl'"'' Jud e *^^®b'. s^all not be open to revision by the Nizamut Adawlut. r when vested with the VII. — And it is hereby enacted, that whenever the whole administration of Criminal Justice of criminal iustice ^^^^h under the provisions of Act Xo. VII. 1S35, and Section V. of this Act, be vested in any shall possess the same Sessions Judge, such Sessions Judge shall possess the same control and superintendence rtver every control, &c. over jails, ... ,, „ ,. i.i- &c. and otlicers, &c. jail under the management of any zillah or city Magistrate or Joint Magistrate, subject to his as formerly belonged jurisdiction, and over the officers of every such iail as may have been exercised bv the to Conunissioners of •' ( j . Circuit. Commissioners of Circuit mider the provisions of Section 3, Regulation I. 1829, or of any Regidation, Act, or Circular Order of the Nizamut Adawlut, which may have been passed or issuetl since the promuliration of the said Regulation. .\t what time this VIII. — And it is hereby enacted, that this Act shall come into operation on the 1st Januan,-, operation. 1838, except so much thereof as authorizes the appointment of Superintendents of Police, ^ which shall come into operation from the day of the passing of this Act» SUPERINTENDENT OF POLICE, LOWER PROVINCES. 3 Circular Order of the Nizamut Adaidttt addressid to the Superintendent of Police, Commis- jjq aq ofiQQ? sioners, Sessions Judges, and Magistrates and Joint Magistrrjtes in the Lower Provinces, ^ — ' iVb. 7, dated 2nd Fehruarii, 1838. " <-'• «. SUf. Adwt. ^ , iVo. 7, 0/ 183S. J am tlii-ected by the Court to transmit to you for yo^- infonnation and sniidance, the annex- Orders on the sub- , '. 1- > , • 1 ' » j^<^* °^ eertiiin Circii- ed Extract Irom their proceedmgs oi tlus date. ' lars issued in conse- • , , qnence of the re-estab- HxtracffroM the proceedings of fhi liizamut Adawluf tinder date the 2nd Feb. 1838. « of Sunt!of PoUce.^'^'' » No. 48, April 2nH, 1808. ' ^With reference to Act' XXIV. 1837 re-establishing the ;; 'It] DeJem'b'et io,'h!?830. °*^'^''' °^ Superintendent of Pohce, the Court have had under „ &3, February lOih, 1832. consideration the several Circular Orders noted lq the mararin* „ 68, December Ivih. 1830. . . ° „ 94. February lOili. 1832. and having been in communication wth Mr. F. C. Smith, the ," 1 is! AufTu't 3ni, 1832. ' Superintendent of Police, on this subject, have been pleased to " 136' AprirBib 'l833 ' issue the following orders which \viil be immediately carried " !??• T,""""', '^'l'-, '.''■'?a'„. into effect in everv district over wliich the Superintendent of . ,. loo, Deceuiber 12lh. 1834. • '■ ,' 190, January loili, 1836. PoUce has jm'isdiction. 1. Circular Order Wo. 18, April 2nd, 1808. — The Sessions Judges wUl now perform the duties described in this Circular. . • 2. Circular Order JS^o. 264, August iQth, 1822. — The Superintendent of Police will direct the Magistrates to rescind, alter or modify anj' cu'cular instructions connected with the -police, ' issued by those functionaries. The Sessions Judges wUl not interfere in any way with the exer- cise of tliis power. , 3. The following Circulai Orders are hereby rescinded, viz. Ko. 64, 10^^ December, 1830 ; M. 93, 10th February, 1832 ; Xo. 114, 27th July 1832 ; No. 119, 24^A August, 1832 ; No. 136, Qtli April, 1833 ; No. 138, 16/7j August, 1833. 4. Circular Order No. 68, December 17th, 1830, is hereby Extended to the office of Super- intendent of Police. In addition to the report to Government required by Clause 2, Sec. 14, Eegvdation XI. 1806, the Magistrate wiU report to tlie Superintendent of Police and the Sessions Judge whenever he may find it necessary to call out the mUitaiy. 5. Circular Order No. 94, February 10th, 1832, is also rescinded. It being the desire of Government that the Magistrates should be encom-aged often to visitf the interior of their + See C O Sunt districts, it is considered unnecessary that they should report;}; every instance of their perform- of Pol. L. P. No. J 5, ing, or being about to perform so essential a part of their duty. j j^^.e q q' y^j^f' 6. Circular Order No. 115, Srd Aui/usf, 1832, is hereby amended, the Sessions Judges will Adawlut No. 10, of •^ IP, • 1 i- t'l*^ 1st June, 1838. report direct to the Nizamut Adawlut whenever they may be prevented for the period of one month from holding a jail deUvery of their respective districts. 7. The several duties assigned by the Circular i3rder No. 155, 12th December, 1834, and Circular Order No. 190, 15^/j January, 1836, to the Commissioners of Cii-cuit wiU now be perfoi-med by the Sessions Judges. With regard to the statements connected with the police, the Magistrates wiU We guided by the instructions they may receive from the Superintendent. Ohdeeed, tfiat a copy of this Eesolution be sent to the Superintendent of Police, and to ' each Sessions Judge, Magistrate, and Joint Magistrate in the Lower Provinces, with instruc- tions to alter the Circular Order books accordingly. A copy wUl also be transmitted to the Commissioners for their information. CIRCULAH ORDERS No. 46 of 1837. Circular Order, Nizamui Adawlut No. 10, dated 1st June, 1838. ^ y ' With reference to jmra. 5 .of the Court's resolution of the 2d February, by which Ma^stnttes C. O. lfi:l. Adtot. were exempted from the duty of reportinfj their visits to the interior of their diHtricts, I ain ' -^ ■ now directed tuider instruction.s fronx the Government, to request that whenever vou have port to till' Siipt. of oeca.sion to proceed into the mofussil, you will report to the Superintendent of Police the date Police wliiiuvor tliev „|- ^.,„,,. (Jepai^tuTc and that of vour return to the Sudder Station as well as the cause of vour huvo oiH-iiHion to jin)- . * .. cci'iiiutotLcmol'ussil. dfparture. ■' No. II. TO ALL MAGISTRATES. , ]S'o3. 74, to 76, of 1837. Nos. 74, 75 and 76.— Dated Fort William, the 30th Nov. 1837. Calling for re- v^ALLING for returns, according to form annexed, of Chokeydars, Minis- turns ot dismissed . o i • • or discharged po- terial officers, &c. who had been dismissed or discharg 'd from January, 1 835, lico and imi)iste- yrith tlie reasons for their dismissal or discharge. The returns to include rial olheers. _ ... - all police and ministerial officers above the grade of Burkeudaz. (Abstract.) No. III. TO ALL MAGISTRATES. ISO. so, of 1837. No. 80.— Dated 15th Dec. 1837. Applications lor J^ HAVE the honor to communicate for your information and guidance Assts. their being •' _ ° invested with spe- the accompanying copy of a letter from Mr. Officiating Secretary Halliday, alfappHait'ions'^for ""^'^^' ^^^'^ ^^^^ -^^^ ultimo, No. 2334, directing that applications* for assig- leave of absence tants, their being invested with special powers, as well as all applica- throu^h the Supt. ^'onjrf for leave of absence by yourself and your subordinates, shall be of Police. made through me. o Vmt oTpof L V ^- ^ request also that you will invariably keep me informed of you and fg"ij'^^ ""^ ^^"* ^^' y^^^'^ subordinates, receiving or giving over charge. t Jlodified. Soc C. No. T of 8th Jiily, ^'■0'" F. C. Smith, Esq. Superintendent of Police, Lower Provinces, to F. J. Halliday, '®^''- E.iq. Officiating Secretary to the Government of Bengal, No. t-l, dated lath No- vember, 1837. " 1 . In the last parajjrapli of the minute in wliicli my appointniont -was made, under dsite the lOtli of October last, it is stated that in futuve the (;o>crumeut in communi- cation with the Commissiouers of Kevenue and the Superintendent of Police will assume the duty of distributing the Assistants at the dinsiou where their services mav be ~-r- SUPERINTENDENT OF POLICE LOAVER PROVINCES. 5 required. It is not however declared whether applications for Assistants by the Ma- No. 80, of 18.37. gistratcs shall be made direct to Government or through the Superintendent of Police. 2. Likewise it is requisite to settle whether the ilagistrates are to apply dii'ect, or tlu'ough the Superintendent of PoUce, when they qonsider it requisite to invest any Assistants under their orders witl^ extra authority according to the provisions *of Regu- lation III. of 1821, also appbcations for leave of absence by Magistrate^ and their subordinates. o " , 3. Further I beg leave to sta|te that the leave of ilrgistrates, Joint ^Magistrates and Assistants, is pubhshed'in General Orders in the Calcutta Gazette, but their retm-n is seldom noticed. Either such information should be sent to me from your office, or tlie officers themselves should report their retm-n to me. Fro?ii F. J. Halliday, Esq. Officiating Secretary to the Government of Bengal, to F. u. Smith, Eiq Superinteadent of Police, Lower Provinces, No. 2.334, dated 28ik November, 1837. * I am dh'^fted to acknowledge the receipt of your letter No. 41, of the loth inst. on the subject of Assistants to ^Magistrates. 2. The Hon'ble the Deputy Governor of Bengal is of opinion, that applications by ^Magistrates for Assistants should be made to Government tlu-ough the Superintendent of Police, that recommendations by Magistrates for investing Assistants with special powers, should come through the same channel, and that applications for leave of' ab- sence by ^lagistrates and their subordinates should also be forwarded through the Superintendent of Police. ^Magistrates who are also Collectors, must apply in the first capacity to the Superintendent of Police and ia the second to the Commissioners of Revenue. 3. Respecting Magistrates and their subordinatei retm-n from leave of absence. His Honor sees no reason to alter the present practice. 4. You are requested to apprize the several ^Magistrates and Joiat ^Magistrates subject to yom- jurisdiction of the present orders of Government. Ri No. IV. TO COMMISSIONER?? OF CIRCUIT. No. 85, dated Fort William, the 20tli December, I 837. ^^ „^ ^,„„„ No. 85, of 1837. >;EQUESTING to be furnished with a list, either in Persian or in English, Requiring a list of cases wherein persons proclaimed under Reg. IX. of 1808, having been °^ , persons jn-o- , ..,.,. claimed under Keg. apprehended, the Commissioners of Circuit have been required, trom 1st ix. of IbOS, who January, 1835 to 31 st December, 1 837, to decide whether they should be have been tried on apprehension. tried for contumacy, or on the original charge, as directed by Sec. 3, Reg. V. of 1822. (Abstract.) 6 CIRCULAR ORDERS No. V. TO ALL MAGISTRATES. No. 87, of 1837. No. 87, dated Fort ^rilliam, the 27th December, 1837. Calling for re- (^ALLING for a report on the River police of the district. (Abstract.) liort on the Kiver ^, i • i \ / police. No. YI. TO ALL MAGISTRATES. No. 88, of 1837. No. 88, dated Fort William, the 27th December, 1837. Calling for a list v^ALLING for a list, to be prepared according to form annexed, of the ofThaimahs. Thannahs in each district. (Abstract.) No. Til. TO ALL MAGISTRATES. N "" f 1837 ^°' ^'' ^^^^^ '^^^^ December, 1837. c (• • <- I HAVE the honor to annex for voiir information and guidance an extract Copy 01 registers -^ . o under Eeg. III. of from a letter of Government inider date th-^ 14th November, 1837, and to 1812 to be sent to , •,, , i i r • i ■ i /• i t-. • Supt. of Police half reqnest that you will be pleased to turuish me with copy ot the Registers yearly. prepai'ed in your office as prescribed to be kept up as Nos. 1, 2, and 3, Reg. III. 1812, for the years 1835, 1836 and 1837- 2. Should they have been made out in the Persian language, I shall not trouble you to have them translated into English, as that can be done in my office. * The forms were 3. I rcquest that you will according to Section 9,* Reg. HI- of 1812, in Eeg.'Vn. 1829.'"^ future regularly furnish me with these Registers every six months. Counterparts of 4. By Clause 7, Sec. 9 of Reg. III. 1812, the Zemindars, Dai-ogahs and sent"'to^'su)t f Others to whom you may have addressed warrants for the. apprehension of Police. criminals, are directed to furnish counterparts of their returns. No. 7 of the Appendix, to the Supt. of Police. You are re<(uested to send me all copies of the said returns sent in the years 1835 36 and 1837 to you by them, and in future in issuing your warrants you will be pleased to direct the parties to whom they are addressed to send me counterparts by means of the dawk. STJPEKIXTENDENT OF POLICE LOWER PROVINCES. ~Y- Extractfrom a letter from the Secretary to 4he Government of Bengal in the Judicial No. 52, of 1837. Department under date the \Uh November, 183^ No Para. 3. The Depnty Governor appit3liencls that the lists of crimiuals to which the Resolutiou had reference were no other than the R(?gisters prescribed as Nos. 1, 2 and 3, in Eeg. III. 1812, which, hy CJause 2, Sec. 9 of that law, Magisti-ates were'required to furnish to, the Superintendent of Police every six months, and in regard ^o which, on the re-establishment of the office, it svas thought ^proper to requii-e back statements far the past tlu'ee yeai's to be supplied to you by the ^Magistrates. SegulatioH III. of 1812, Section 9, Glauses 1 and 2 and 7 and 8. First. On the receipt of this Regulation, the Magistrates of the several zillahs and cities shall cause to he prepared, according to the forms hereunto annexed, Nos. 1, 2 and 3, registers of the names of the fonawmg descriptions of persons ;— first, register of convicts who have broken jail, or have otherwise effected their escape ; second, ditto of persons, for the apprehen- sion of whom, proclamatioi,S may have been issued under the provisions of Eegulation* IX. 1808 ; thirdly, ditto of persons chai-ged with, or suspected of the commission of specific crimes of a heinons natui-e, who may have eludtd the pursuits of justice. Second. The registers above prescribed, shall commence from the 1st day of January, 1812 • they shaU be regulaily re\'ised and kept up in the Persian language by the several Maoistrates who shall forward copies of them on the^lst of January and the 1st of Julv, in each vear to the Superintendents of Pohce respectively for their information. Regn. III. 1812. Certain registers of the names of otfend* ers to be prepared at each zillah and city. * Repealed by Act IV. 1^44. • Wlien the registers shall commence. Co- pies to be furnished half yearly to the Supt. of Police. No. l.t Megister of convicts who have broken Jail, or Tiave otherwise effected their escape. Name and caste of the persons who have es- caped from Jail. 12; Supposed age. "3 2 s° ^^ . o -, o 2 S S Amount of re- ward offered- for bis appre- hension. Date of apprehension, smTender, or ascer- tained death. t J - t See cl. 14, Sec. Vin. Regn. XX. 181?. 8 CmCULAU OTIDERS No. 52, of 1837. I ^ > Ri-gii. HI. 1812. No. 2. Begister of persons, for flie apprehension of whom proelamallons have been u»ued under tlie profusions of EegulUtion IX. Ib08. I Date of procla- mation. Name and caste of the persons proclaimed. Cm O . i o O Supposed usual place of resi- dence. ^11 =3 *§ S* . Date of apprehen- ^ .2 o sion, surrender, c "tt — 'S or ucertained 2 f .o i death. • < * C 1 ft • • No. 3. « Megister of persons charged toith, or suspected' of the commission of specific crimes of a heinous nature, who may have eluded the pursuit of justice. Name and caste of the persons accused or suspected. ■i o ^. 1^ o o c.-< o C O c ^ ■■5 o 'X. ^ 1-^ ' :« i^o "o = . Date of apprehension, -g ° ^. l_^ .2 c' surrender, or ascer- 1 1 S S "2 ~ 'i t;«ined death. &-§ J 2 > .= § I SUPERINTENDENT OF POLICE, LOWER PROVINCES. 9 Seventh. — The several zemiadars, fanners, and'local agents to whom warrants and lists of pubHc offenders shall have been furnished under tliis Regulation, are hereby required to transmit to the Magistrates on the 30th Jfme and 31st of December, in ea --^ ' Rcgn. III. 1812. Zemindars, &c. to fui-nisli half-yearly re- ports of persons so apprehended. Darogahs to fur- nish reports of such persons apprAended by them. Numbers and dates of warrantSjUnder which apprehended. Name of persons apprehended. Date of apprehension. Persons who had escaped. Convicts pro- • claimed. Persons who had eluded the ^•ocess of the court. • • No. VIII. TO ALL MAGISTRATE^. No. 1. — Dated 28th January, 1838. No. 1, of 1838. X REQUEST you will be pleased to send me, according to the subjoined Rtviuiring list of form, a list of the ministerial and police officers of your court and district nnmst.nal and po- ' ' "^ . lice oihccrs a])- who have been appointed, dismissed, or changed to another station from the pointed, tUsmissed D 10 CmCULAU OKDEnS No. 1, of 1S3S. « r-^- — ' or haviiif,' their sta- tions cliaiiged siiR'o 1st May, is37. Kt'ijorfc of dis- missal of certain polii't' and minis- terial ofHeers to be made to superin- tendent of police for confirmation. 1st of May last. My object is to correct the list which the Civil Auditor has furnished me and jvhicli he compilec\ from the Magistrates' returns, in Ajjril last. 2. You will be pleased in future to send me without delay, a report Tor confirmation, whenever you think it expedient and proper to dismiss any police officer above the grade of Burkundaiize, as well as of all n;(inisterial officers of your court on the receipt of ten rupees or more per mensem. A statement of Police Officers appointed, dismissed, or station cJianjed, S[c. from 1st May, 18.37. Name of police officers. Office held by him. Cause of dismissal or removal and datcj of it. 1 < Remarks. c c • • A statement of Ministerial Officers appointed, dismissed, whose station has been changed, ifc. from \st May, 1S37. Name of police officers. Office held by him. Cause of dismissal or removal and date of it. Eemarks. t. SUPEEINTENDEXT OF POLICE, LOWER PROVINCES. 11 Np. IX. TO ALL MAGISTRATES. ' No. 2. — Dated Patna, the 20th January, 1838. ' No. o, of 1838. VvALLING for a report, accqrding to form annexed, of the number of Calling for a mochulkas taken from individuals by order of the raaofistrate or his assis- statement of mo- , „ * . ., chulkas taken in tant in the years 1886 and 1837. (Abstract). 1S36 and 1837. No. X. • • TO ALL MAGISTRATES. No. 3. — Dated Patna, 28th January, 1838. No. 3, of 1838. 1 REQUEST you will be jjleased to send me authenticated copies of all Eeqidriug copies Circular Orders issued by you or your predecessors, for the conduct ?f ^'uxailar Orders ■' •' ■' ^ '■ issued for the eon- _^ , and guidance of the police officers subordinate to your authority, and that duct and guidance ia future you will furnish me with all Circular Orders you may deem it ^v,iaJji|.ectT ""'^ necessary to issue. • to^ their issue in 2.* I ivould suggest for yorcr cpnsideration that wlien you think it neces- #c o s f p sary to issue a Circular on amj subject ichich may admit of being objected ^'^^ ^- P- ^°- 6 of to, that you should rtrevious to circulating your orders submit them for my proiiibits tiie issue of . . tf i/ j,^^ Circulars by Ma- consideration and sanction. gis"trates \ritiiout au- 3. Should you have established any Dustoorool-amul for the guidance of p'oUceV p! "'^ ' of your establishment or of the police of your district, I shall be obliged by your sending me a copy, as it is my wish to compare the several systems adopted by the magistrates and to frame if possible, a comprehensive scheme for the general observance of the magistracy. Circular No. 4 of 1838 is not forthcoming, £3* No. XI. TO ALL MAGISTRATES. No. 5.-»-Dated Patna, 28th January, 1 838. No. 5 of IS38 X REQUEST you will be pleased to inform the darogahs and other police All heinous of- officers of your district that from the I st of January, 1 838, they are to send ^■"'^^'^'* "'"^ ''*^*^'' . . . niforiiiatiou liithor- by the public dawk direct to this office notice ot all heinous offi;uces and to repurttd to the 12 CIRCULAR ORDERS No. 5, ofl83S. any other information which they 'have hitherto forwarded direct to the ^ Commissioner of Circtit, you will also he pleased to make it known generally Comsrs. of Circuit in the district, that .-U communications on the subject of police, which here- tLiTup^t' pis *°^"'''' "^'^""^ "''""'^ '^J' *^^- zemindars and otiiers to the Commissioner of Circuit, See c. o. Supt. of '"ust froht the above date be sent to the Superintendent of Police. Police L. P. Nos. 13 and 23 of 1813. No. XII. TO ALL MAGISTRATES. No. 6. — Dated 5th January, 1 838. "■ ' ° ■ W ITH reference to the proceedings of the Sudder Dewanny and Nizimut Form of returns Adawlut under date the 27th October last, para. '0, regarding the six- of ehowkeetlareu (••iii ti i "i-i-, • collections ar.d ex- monthly statements lurnisned by you, 1 nave deemed it advisable to sub- penditure to be fur- gtitute a new form for that hitherto in use lox the statements No. 29 and 30 nished to the feupt. ... Police L. P. regarding the chowkeedaree collections, which I have sent to the Govern- Sec c. o. Supt. of ixient Lithographic Press to be printed, and whence I request you will indent Police L. P. No. 14 o i of 1838. for as many copies as you may require. No. 29. Account Current of the ChowJreedaree Collections and Biihursements under EeguJafion XXII. o/"1816 and Act XV. of 1837 in the Town of for the year 183 — corresponding with • 1 2 3 4 5 6 7 8 9 { 10 Annual Collections. tal. Total annual ei- l^en^e of Establish- ment. Annual Surplus. Annual expenditure fro Surplus. m Ul. Balance in Treasury at the close oftbejrear. Remarks. From Europeans. From Natives. To For clean, sing the I'oWQ, &C. For other purposes. To - 1 SUPERINTENDENT OF POLICE, LOWER PROVINCES. 13 No. 30. Detail of Expenditure from the Surplus Ohowl-eedaree Collections for the year, 183 No. 6, of 1838. 1 2 3 4 ' 5 • Date. > * On what account paid. Authoritj- for payment. > Amount. / Remarks. • • • • » • • • • • ~Y-" No. XIII. TO ALL MAGISTRATES. No. 7 of 1838. No. 7, of 1838. VyIRCULATING copy of a letter from the Magistrate of Behar pointing ly preparation and out the difficulties in the way of preparing the statements called for by submission of state- Circular No. 74 of the 30th November, 1837, and of his reply thereto, c. O. No. 74 of showing the necessity for their early preparation and submission. (Abstract.) ^^^^- R No. XlV. TO ALL MAGISTRATES. No. 8.— Dated 13th January, 1838. ' No. 8, of 1838. f. 1-1 Calling for a re- ^^EQUESTINQ to be furnished according to a form annexed with a return t„ni of persons who rif^irisoners who have in the years 1835, 1836 and 1837 been proclaimed "'t''; !>-'""S |^^'^^" ui JJ113U111-10 J 1 jinx'lanneil, have under Regulation IX. of 1808, and have been apprehended and tried by the been approhended and tried by tlie Sessions Court. E Sessions Court. (Abstract.) 14 CIRCULAR ORDERS No. XV. TO ALL MAGISTRATES. No 9 of 1838 ^°- 9-— Dated the 16th March, 1838. Callinsr for in- UALLIKG for certain information rejjarding the Police administration of fornuvUon regard- ^jj^ district. (Abstract.) ins; the Police ' administration of ' eacli district. No. XVI. TO ALL MAGISTRATES. No. 10, of 1838. No. 10. — Dated Patna 7th February, 1838, In official corre- J[n replying or referring to my correspondence with your office you will be anTda^es^of letters pleased to pay particular attention to quoting correctly the numbers and referred to, to be jjates of the communications under acknowbdffment or reference. +■ 1 2. I will thank you also to be careful in affixing a number to any correspondence you may send to my office, as it greatly facilitates future reference. See also Circular Orders of the Supt. of Pol. L. P. No. 27 of the l^th November, 18-13 and No. 7 of the I8th October, 184§. Orders regarding official coTespondenee. Native terms to be The Coui-t of Directors in their despatch dated 6th January, 1815, desire that the use of avoided in official cor- ^^g|,j,^5 ^^^^ appellations, borrowed fi'om the Oriental languages, in official correspondence be avoided ; " and in cases where it may be impracticable to dispense with them without frequent periphrasis, to affix a mai-ginal explanation of the terms which, for the sake of convenience may be employed in the test of their letters." ^ Orthography of Na- In writing native names, the orthography of the original to be closely adhered to. — C. O. five names. ^^^^^ Bewanny Adawlut, No. 48, dated \^th May, 1832. On separate sub- In a despatch in the Public Department dated the 10th February, 1830, paragraph 4, to be OTit'tcn and bre^ the Court of Dii'ectors desire the Government to instruct " all subordinate functionaries in the vity ill correspond- ggyeral dciiartments, c\v\\ and mihtary, as well in their correspondence with each other, as ence to be observed. . ^ • ^ i' -^ ^ i i... i. i,- i. j* with their respective Governments, to write separate letters upon sepwate subjects ; and,* have bceifdiscontSu- on a paper annexed to each letter, to make a short abstract of its contents. This division ed under subsequent ^j- guViiects may not be practicable to an equal extent in every departnLnit, and in all cases ; but it is desirable that it should be acted upon as far as circumstances will permit. The prac- tice of making abstracts, besides faeihtating references, will lead we hope, to a condensation of the correspondence, which is often unnecessarily expanded. It should be understood, SUPERINTENDENT OE POLICE, LOWER PROVINCES. 15 throughout our services that the letters whicb contain the most useful information and j^g jq, of 1838. pertinent suggestions or instructions within the shortest compass are the most valuable, and *■ r-y ' win be held by the superior authorities in highest estimation." 'She English date and Christian era shoidd be fiu-nished on all occasions when th^ corres- English date and ,. , , , , . •,.,,... T 1. ■ i • • ^ Clu'istian era to be ponding date and era, cmTent m any particular division or district is given, f stated along with the The dates of each transaction or order cit(?d in eve'jy reference which may be made, should corresponding Native also invariaMy be stated. — C. 0. Board of Bcvenue, No. 253 ofZrd April, 1835. P^^^^ ^^ ^jj ovAevs " cited, to be specially • . . . 1 referred to 1.* The Boai-d have had occasion to observe that the duty of a Commissioner, when Prescribin" Rides submitting a reference to this Board even in voluminous and intricate cases forwarded to them for reportmg cases to .... . the Board and pre- by their subordinates, is often either very imperfectly understood, or ii^dequately executed, venting the transmis- and in manv cases, a mere general assent is commmiicated to the propositions thus forwarded, ^'°" ° unnecessai-j- • -. ^ "^ ^ . documents, refen-ms this Boai'd to the perusal of the whole of the papers for the ascertainment of the *'.,,_,,,. .^^ * Tliis Circular is circumstances oi the cases reported ; thereby miposmg on the Board the prunai'y execution based on an order of of a duty specially belonging to the Commissioner, and generally occasioning that voluminous P°^,V " '"'^" apphes papers are imnecessarily cojjfed and transmitted. 2. The further evils thus created, are the following. Firstly. — The Commissioner has no i^eord to refer to hereafter, should he desire to see on what grounds he supported or decided against the propositions of his subordinates. Secondly. — Volmiiinous records ai-e unnecessarily copied, abstracting the services of the officers thus employed, from other and useful duty. Thirdly. — Delaying very oiijectionably the final orders on the case. , 3. With a view to prevent the receipt of such imperfect reports in future, the Board have dkected me to furnish you with the following instructions. 4. When reporting cases to this Board for orders, or for *ommmiication to the Govern- ment, as the case may be, it is indispensably necessary that yom- report should exhibit a complete and cii-cumstantial review of tshe material an* important partieidars of the case refen-ed, together with yom- opmious and suggestions, on all parts of it wliich requhe notice, forwarding only those records received from your subordinates to which you think this Board will desu-e to refer, or the transmission of which by Circidar or other order previously issued has been especially dh-ected. 5. Any reference l*reafter submitted otherwise than in the circumstantial manner pre- scribed, will be immediately retm-ned, and an explanation requii-ed. — C. 0. Sudder Board of Revenue, No. 318, dated 2ird August, 1836. lively. As the practice of numbeiing letters which obJains in the offices of the Secretaries to All letters to be Government, in this office, and in some of the offices in the interior, is not usually adopted ; "^'•'"^■''^'l consecu- and as it has been foimd, where it obtams, useful in facilitating references to letters, without the necessity of recapitulating the subject of them ; I am directed by the Court to request that you \vill, frtm the commencement of the ensuing j'car, number all that may be despatched from yom' office in one continual series, from the commencement to the close of the \'eai-. C. 0. Sudder DewanmJ Adawlut No. 160, dated 11 th November, ldi'd5, para. 1. 16 CIRCULAR ORDERS No. XVII. TO ALL MAGISTRATES. No. 11, of 1838. No. 1 1 .—Dated 16th March, J 838. Ciilhng lor 111- ^^ALLTMG for a return, accordinc: to form annexed, of the numher of times formation regard- . . " ing the eni])loy- and days in which the officers in the Circuit Department have Ijeen absent the Cucuit^Dept ^" ''uty in the Fouzdary Department, in the interior of the districts, during in the Fouzdaiy the years 1835, 1836 and 1837. ( Abdract.) Dept. No. XVIII. TO ALL SESSIONS JUDGES. No. 12, of 1838. No. 12.— Dated ] 6th March, 1838. Calling for or- VvALLING for a copy of every decision pjissed by the Magistrates in 1836 and of the Jiuh'e ^^^ 1837, and of every decision by the Sessions Judge in appeal, relative to on appeal, ni ca.^es flnes and imprisonment of Police officers from the grade of Darogah dowb 01 tine and inipri- . . sonment of Police to that of the Village watch. (Abstract.) officers. No. XIX. TO A4:.L MAGISTRATES. No. 13, of 1838. No. 13. — Dated Camp 29th March, 1838. Calling for in- V^^ALLING for information to enable the Superintendent of Police to make formation on the „ , , . .. ^, ^ <• i- ^• system of ilietin"- ^ report to Government on the workuig ot the system ot dietmg prisoners, prisoners. " (Abstract.) No. XX. TO ALL MAGISTRATES. No. 14, of 1838. No. 14. — Dated Camp 29th Maixh, 1838. Chowkeydaree \ > ITH reference to my Circular No. 6 of the 5th Januarv, forwarding a retnms to be made ^ c ■, i ,, • o ,• i ^, ' . , ^ aimuallv. "^^^ loxm tor the report on the collections, &c. or the Uhowkej^daree Tax, I have the honor to inform you that conformably with Section 24 of Regulation XXII. of 1816, I shall only require yearly returns according to the new form furnished to you for the Chowkeydaree Tax. SUPEUINTENDENT OF POLICE, LOWER PROVINCES. 17 No. 14, of 1838. ^^—v ' E<-™. XXILof 1816. Begulation XXII. o/ 1,816, Section XXIV. XXIV. The several Zillah and City Magistrates and the Joint Magistrates adverted to in Section 3 of this Regulation, will cause to be amiuaUy prepared by the Bukshee, a complete statement according to the Form in the Appendix (C) of all subsidiai-y Police Establishments, to^f^g^'elTThe wilich may be entertained on the principle of the provisions of this Regulation, ^yithin the Magistrates, limits of their respective jurisdictions ; and ^\•ill transmit the same in the mon^h of January in each year, through the office of the gupeioutendeni of Police, for the consideration of the Governor-General in Couiicd. Form of Register (C). CD i O '§ 5 o o if .2 o o Monthly rates of as- sessment. * Total amount of as- sessment in each MohuUa. Names of Chowkee- dars. Amount of then- monthly wages. Overplus remaining for contingencies. Remarks, and if no Puncliaite appoint- ed, to bo noticed here. ^ • 9 • • ^ • » « No. XXI. TO ALL MAGISTRATES. No. 15. — Dated from camp, 29th March, 1838. »t ,- „ ' No. 15, of 1838. X HAVE the honor to Inform you, that under the instructions of Govern- /^jj niatters re- ment with inference to Act* XXIV. of 1837, all appeals, reports of settle- lat'ng to ferries r ,1- r 1 r ■ ii ii '"^^^ toWn chow- ments and rererences on the subjects or the terries and the town cliowkey- keydaree to be re- daree assessments, are to be made to me, in the same manner as they have C*;""' *° ^"P*' '^ Pohee. hitherto been made to the Commissioners. • Sec page- 1. 18 CIRCULAR ORDERS No. XXII. TO ALL MAGISTRATES. No. 16, of 183S. No. 1 G.-Datcd 29th March, 1 838. Bills for dopu- J. BEG to communicate for your inforrtiation and guidance, copy of a letter tation allowance f^Q^^-^ ]^jr. Officiating Secretary Halliday No. 1 99 under date the 1 3tn ultimo, ol Magistrates on . . _ «. _ salaiiesof not more communicating the orders of Government directing that all bills for depu- than 1,000 Rs. to Nation allowances to Magistrates on salaries of not more than Rs. 1,000 be countersigned _° by Supt. of Police, per meusem, be countersigned by the Superintendent of Police. From F. J. Halliday, Esq. Officiating Secretary to the Government of Bengal, to F. C. Smith, Esq. Superintendent of Police, Lower Provinces No. 199, dated I3th February, 1838. I ara directed by the Hon'ble the Deputy Governor of Bengal, to for^fard for your information the accompanying copy of a letter th?s day addressed to Mr. F. Skipwith, Magistrate of Patna, and to request that bills for deputation allowance by Magistrates on the receipt of not more than 1,000 Rs. monthly, may always in the first instance be countersigned by you. From F. J. Halliday, Esq. Officiating Secretary to the Government of Bengal, to F. Skipwith, Esq. Magistrate of Patna, dated I3th February, 1838. I am dii-ccted to inform you in reply to yoiu- letter (34) dated the 22nd ultimo, that under the circumstances of yoiir case, the Hon'ble the Deputy Governor of Bengal is pleased to authorize you to draw " Deputation Allowance," when you are ordered to proceed into the interior of your district on pubhc duty by the Superintendent of Pohce, and also when it may be necessary for you to leave the station without waiting for such order, provided in such cases, the allowance comes recommended by the Superintendent of Police. No.' XXIII. TO ALL MAGISTRATES. No. 1 7. — Dated from camp, the 29th March, 1 8C8. ,,.,.• r ORWARDING a form of statement of " the rates of toll, number of Information re- . ^ quired regarding boats, efficiency and management of the ferries" in each district, in order ^rtiict"" ^ ^^'^^ **'^* ^^ "^^y ^^ ^^^^^ "P "'^^'^ ^^^ required information and returned to the Superintendent of Police. (Abstract.) No. 17, of 1838. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 19 No. XXIV. TO ALL MAGISTRATES. No. 18— Dated 19th March, 1838. , No 18 of 1838 T * . ' J. REQUEST you will be careful to file all letters and Circulars 'from ray Circulars of the office ill a separate file from your 'other correspondence, for facility of refer- be carefully° filed " ence to yourself and your suctessors. No. XXV. TO ALL COIVniISSIONERS OF CIRCUIT. No. 19.— Dated 9th May, 1838. ^^^ ^9 ^f ^gog JXEQUES'1''ING to be furnished with a copy of the second six-monthly Reports (of the Police) for 1837. ' (Abstract.) I No. XXVI. TO ALL MAGISTRATES. No. 20.— Dated 9th May, 1838. ' j^^ oq of 1838. ANNEX for your information, and guidance, copy of a letter addressed Instructions re- by me to Mr. Officiatino- Secretary Halliday, No. 103, under date 21st ^f^^"" petitions •' a J J ' ^ ^ Qt appeal trom February last, with that officer's reply of the 27th ultimo. No. 354. ministerial and po- 2. You will be pleased to issue a proclamation, and otherwise to make ^11^^.^ ""^jf" Ma^t. the orders now conveyed to you as public as possible, informing all parties trates. concerned, that I shall adhere stiictly to the time allowed for appeals from the ^Magistrate's orders in all cases where individuals may choose to lodge their appeals before me in person. From F. C. Smith, Esq. Superintendent of Police L. P. to F. J. Halliday, Esq. Officiating Secretary to tlie Government of Bengal, No. 103, dated 2\st February, 1838. By Act XXIV. of 1837, it is enacted that the powers liitlicrto confided to the Commissioners of Circuit, under Section 3 Regulation I. of 1829, in regard to the appointment, suspension and removal of ministerial officers subordinate to the ZLUah or City ^lagistrates or Joint Magistrates, shall m futm-c, from the 1st Januai-y, 1838, be exercised by the Superintendent of Police. 20 CIRCULAR ORDERS No. 20 of 1838. ~' ^^ the duties of my offiee require me to be constantly raonng from one part of ' v"~ ' the country to another, the usual course of complainants attciidinj; at the appeal court to lodge their appeals will be attended with great delay and much inconvenience to the appellants. 3. To remedy such inconvenience I propose, with the sanction of the Ilon'ble the Deputy Gcjvcrnor of Bengal, to issue instructions to the Magistrates and Joint Magis- trates within my jurisdiction to the VoUo wing purport. 1st. With regard to appointments : The usual course to be pursued of appointing ministerial and police officers to act till my sanction be obtained and a report on the subject to be invanably sent without delay for my orders. 2d. "With regard to suspensions and removals : Persons dissatisfied with the orders of a Magistrate or Joint Magistrate are permitted to present their petitions of appeals to the jMagistrates or Joint ^Magistrates, if written on the proper stamp paper, and if presented within the usual period allowed to appellants, and the Magistrates shall be * See C. O. Supt. bound to forward their appeals rvith the pajters of the case* for my orders. In case of 2d November \%ii *^^ officer suspended or dismissed shall not present his petition of appeal to the Magis- and Ao. 8 of the 30th tratc withm the period allowed, the Magistrate shall refuse to accept it, and shall refer December, 1847. , ^ , , ^ the oifacer to a personal appeal at my omce. From F. J. Halliday, Esq. Officiating Secretary to tlie Government of BengaJ, to F. C. Smith, Esq. Superintendent of Police, Lower Provinces No. 354, dated 2'th March, 1838. In reply to your letter No. 103, midcr date the 21st ultimo, I am (brccted to inform you that the Hou'We the Deputy Governor of Bengal approves the instiiictions you propose to issue to the several ]\Iagistrates and Joint ^^lagistrates within your jurisdiction on the com-se of procseding to be adopted in cases of appeal by ministerial and police officers subordinate to those functionaries. No. XXYII. TO ALL MAGISTRATES. No. 21, of 1838. No. 21.— Dated 15th May, 1838. miSiSn of"cont£ A "'^^^ the honor to communicate for your information and guidance, gent bills to Civil the accompanying copy of a letter from ]\Ir. Ofliciating Secretary Halliday u itor I u-OLt. under date the 10th instant No. 772 conveying the orders of Government reajarding vour contingent bills. I beg to enclose the bills you have transmitted to my office. SUPERINTENDENT OF POLICE, LOWEU PROVINCES. 2 1 From F. J. Halliday, Esq. Officiating S»cretanj to the Government of Bengal, to No. 21, of 183S. F. C. Smith, Esq. Superintendent of Police, Lower Provinces, No. 772, dated IQth '' ■■ v ' Ajn-il, 1838. » With reference to youi' letter (No. 21) of 10th January last, I am directed to inform yon that under the cu-cumstanceS, the Deputy Governor of Bengal has be-jn pleased to dii-ect the? Magistrates to revert to the system in use before 1829, viz. to solicit sanction aa visual for all contingent expenses either from the Superintendent of Police or the Sessions Judge accordiifg to the nature of the case, and to forward contingent bills with vouchers dii-ect to the CivU Auditor, instead of sending them through an- other office for countersignature. 2, You will instruct the Magistrates accordingly. • for particulars regarding the powers of the different officers to pass contingent , charges, see Appendix, No! XXVIII. TO ALL MAGISTRATES. No 22. — Dated 31 st May, 1838. , jg-^ 22, of 1838. X BEG to inform you for your fukire guidance, that the report of the result Magistrates to of the annual enquiries into the sufficiency of the security given by the officers pg^Jg aimuaUv on of the Fouzdarry Court of your Zillah, directed to 'be made in the month of the sufficiency of December of every year, under t]ie Circular Qrders of the Sudder Dewanny (^ffi^ers of the Adawlut, dated the 23d September, 1831, is in future to be sent to this Fouzdai-y Courts. office. 2. You will therefore be pleased early every January to make the po^f^'^^L p' N"J"'/2of report. *'"-' '•'•'' ^''i''> '*'"''• The Court having imderstood that the security statements of native ministerial officers of Tlie secm-itr state- the Magistrates' courts; entrusted with pubUc money, (wliich were requu-ed by the Circulai- "^f'of"^ Magistrates Orders Nos. 34, 150, and 193, dated respectively *he 23rd September, 1831, 3rd Jidy, 1835, Courts, dispensed and 16th December, 1836) are forwarded to the Superintendent of PoHce, are pleased to X^^^yt_ dispense with yom- submitting such statements to them in futiu'e. — Circular Orders Nizamut Adawlut to Magistrates and Joint Magistrates in tJic Lower Provinces, Jf^o. 87, dated 2nd Jul;/, 1811. - In pursuance of th(i orders of Government, 1 am directed by the Court of Sudder Dewanny Transmitting an ox- and Nizamut Adawlut to transmit to you the accompanying extract (Paragraph 30,) from a tract of a letter froni ■' 1 ./ o ^ o » / the Uon bio (he Court letter ii-om the Hon'ble the Court of Directors, dated the 2nd February last, relating to the „r uireetors, relating periodical revision of the securities of native officers enti-usted with public money. li'on'of'Thc'iecm'itiei a 22 ciRCUi.An onDEns Xo. 22, of 1838. ' ^-^-; ol Trousurcrs niul otiior luitive ollioers, with instructions for Btibmittiiig ait annuul report on the subject. * Magistrates and Joint Magistrates ex- ocpted.— C. 0. jV. a. A'o. 87, doled 2unt or value of the money or property which may be likely to be left in the hands of the officer from whom the security is required ; ar.d that the sui'cty should bind himself not to sell, or in other manner alienate the property in question until he be relieved from his responsibility. 3. The Court desire, that in taking security in ftiture, you will follow this principle, and be pai-ticularly careful to ascertain the sufficiency of the security. They also direct, that you will cause the efficiency of the security of the officci's on your establishment, who are required to fui-nish it, to be carefully revised during the last week in December of each year ; and that you* will submit a report of the residt of the revision, according t(5 the accompanying form. Extract of a letter from the Hon'hle the Court of Directors, dated the 2nd Februarif, 1830. Para. 36. We think it would be proper for you to require, after short intervals, a periodi- cal revision of the efficiency of the securities of offio ,rs to whose charge money is entrusted under any sort of public guarantee, direct or implied. — Circular Order Sudder Dewanny Adawlut, JVo. M, dated the 2Srd September, 1831. FoEii. Rej)ort of the result of the inquiry as to the sufficiency of the security given ly the officers of the Court , made in the month of December, 18 — , under the Circular Order of Sudder Dewanny and Nizamut Adawlut, dated the 2'^rd September, 1831. Name and designation of the officer requii-ed to give seciuity. I Names of the Amount of se- ' sureties, with cui-ity re- ; the date of quired. their engage- ment. Names of new sureties, the old sureties ha\Tng been changed. Remarks. (- Bcport to be certi- '^^^ above form, for convenience of record, should be uniformly engrossed on a sheet of fied, foolscap paper, and at the foot of it, the following certitieat^j should be inserted, SUrERIXTEXDENT OF POLICE, LOWER PROVINCES. 23 " Certified that I have revised the secui-ities oMhe officers above mentioned, and that I con- j^g 22 of 1838 sider them good and sufficient." (Signed) A. B. Judge or Magistrate, as the case may be.— *^ ■ — '-y ' Circular Order SudJer Bewanni/ Adawlut, iN'o. 193, dotted IGtk December, 1836. •^°'"'" o^ certificate. BubHc officers vouching for the sufficiency of the secmity of Treasurers or other naLive offi- Responsibility of cers entrusted with public money, ViU be considered responsible for the safety of the public '^'^'"''fy^^g '''^'^•"■• fiinds entrusted to such officers, and held aecoTmtable f»r any insufficiency of security. — Circu- lar Orders, Sadder Dewanny Adawlut, 2fo. 150, and Nizamut Adawlut, No. 171, loth dated 3rd Jul I/, 1S35. ' > Para. 4. The security on all occasions, where Llalzaminee is taken, should be commensurate Description- of se- ■with the trust. Specific property must be pledged in value sufficient to ensure restitution to ™"*.^ *° ^^ taken, ... « and precautions to be Government in the event of malf ersatioii ; that is to say, the value of the pledge must correspond observed in taking. with the value of the property, which wUl be committed to the custody of the individual for whom ?he suretj- is boujid.. Besides the specific pledge, you will observe that the party is to guarantee that if a defalcation shall take place which the proceeds of the property mentioned in the bond prove insufficient t<) make good, the sm-ety wiU he answerable in any other property he may possess, ■niach is available for that purpose at the time of the malversation, for the remaining deficiency. — Circular Order Sudder Boa^ of Eeveiiue, Xo. 212, dated Ylth June, 1834. Landed property situated within the im-isdiction of the Supreme Com-t should not be taken Landed property In ^-> -ty^fYTTT. 7/.T. iK-^ , Calcutta not to be in security, C. O. Sudder Moard of Revenue, JSio. 254, dated lO^A April, 1835, taken in security. No shares in any private Bank or Joint Stock Company whatever, to be accepted as security Private Bank or from pubHc officers of Goven^ent.— Ooc^. Qrder, \st June, 1847, ' ^"jfsWs'' not''t'?bc _ accepted. With reference to the provisions of Act I. of 1843,* which enact that henceforward all regis- Registration pros- tered documents shall take precedence of others not so attested, 'the Com-t conceive that a due securitv^' bonds exe- regard to the security of the interests of Government requires, that all security bonds exe- cutetl by the sureties cuted by the securities of Treasurers, Xazu-s and other mmisterial officers attached to the judi- and other ministerial cial courts shotild be only registered in conformity to the tirovisions of the enactment cited : officers attached to the . . . . . judicial courts, and are accordingly pleased to direct that all such and other docmnents likewise of a similar « g jj^ motlified character by the annulment or repudiation of which the interests of Government are liable to provisions contained be injuriously affected shall be subject to registry ; that the civil and criminal authorities in the lower provinces shall satisfy themselves that the lands to which the registered security deeds relate, have not been already conveyed away by any previously registered deeds and that such registration and scrutiny shall be deemed an indispensable preliminary to their acceptance as good and valid engagements. The fees attendant on this process* must he defrayed ly those * See C. O. Supdt. from whom security is demanded, and whose tenure of office is dependent on their compliance o,,, j'^jj February with such requisition. 18.'">2. 2. As the vahdity of deeds, bonds and documents of every description executed previously to the passing of thfe enactment, is not afiected by its provisions, the registration of such need not be insisted on. These instructions are intended to have prospective effect only. — Circular Order Nizamut Adawlut, No. 136, of 2nd May, 1843. With reference to the provisions of Act XIX. of 1843, the Sudder Court, under a resolu- Security bonds to tion recorded by that Court, require the registration of security bonds of every description. — ^ ^"^^ *''^ Circular Order Sudder Dewanny Adawlut, No. 134, of the 17 th Jultj, 1846, 2i CTRCTJLAn ORDERS No. XXIX. TO ALL MAGISTRATES. >- No. 23.— Dated 3 1st May, 1838. No. 23, of 1838. X REQUEST you will forward me every first of July and January a return Form of half ^^ P"' *^^ annexed form. in the Fouzdary yeai'ly return of covenanted otHcers .4 return of the Covenanted Civil Servants employed in Zillah — employed iii the district. Department, for the ■ -* six months of ■ Name of the Magistrate and date of taking chiu'ge. Name of Jt. Magistrate. Names of As- sistants with special pow- ers. Name of As- sistant. Eemarks r 1 N. B. — If any ftmctionary has taken charge, or been removed within the period, the date ol" taking chai-ge and of removal to be distinctly stated. In the " Remarks" the Magistrate will state his opinion of the conduct and qualifications of his subordinates. No. XXX. TO ALL MAGISTRATES. No. 2i, of 1838. No. 24. — Dated 18th June, 1838. The Supt. of Po- j^ REQUEST you will, in addressing me, invariably write " Superintendent e to be addressed -. . ^ , t t-> . •> i by official designa- of Police for the Lower Provinces, as letters merely addressed " to the tion m full. Superintendent of Police, Calcutta," are often sent by the Post Office to Captain Birch, the Calcutta Superintendent of Police. * Since required annuallv. lice I SUPERINTENDENT OF POLICE, LOWER PROVINCES. 25 No., XXXI. TO ALL MAGISTRATES. ' y Ko. 25.-Dated 22nd June, 1 838. ^^ 25. of 1838. N consequence of an application having been made to Government through Sanction of Govt. this office bv a Magistrate for permission to expend a sum from the surplus ,? , obtained . , , . . through Supt. of chowkeydaree tax of his district, I have the honor to annex for your infor- Police L. P. to .ip- mation and guidance, an extract from a letter to my address, No. 997, under ph^rchowU^dl^e date the 15th instant from the Judicial Secretary to the Government of tax, and applica- Bengjl, and to request that you will invariably apply for the sanction of ^^^^^ ^^ state the Government through my office before you undertake to expend any surplus amount smplus in , , the treasury. in hand. 2. You ^re also requested whenever you apply for permission to appro- priate any portion of the chowk\;ydaree tax of your district for the purpose of cleaning and repairing the town in which it is levied, that j^'ou will at th^ same time forward an account current showing the actual surplus in the treasury at the time, * , ■9 Extract from a letter from the Secretary to the Government of Bengal in the Judicial Department, to the address of the Sujierintendent of Police, Lower Provinces, dated the loth May, 1838, No. 997. 3rd. With reference to your second paragraph^ I am directed to notice that Act XY. of 1837, makes it la^vful for a ]Magisti'ate to appropriate a portion of the chow- keydaree tax to the purpose of cleaning and repau'ing the to\rn in which it is levied, but his honor is of opinion that no such appropriation should be made, until it has been ascertained tliat^there is a sui'plus fund, and the amount required to be expended has been sanctioned by Government. See Circular Orders' Superintendent of Police Lower Provinces Nos. 6 and 11 of 1838. Act XV. 0/1837, Section L I It is hereby euacted, that from the 1st day of July, 1837, it shall be lawful for the , ^, portion of the ■^ • - - . tax levied iiiider Reg. several Magistrates and Joint Magistrates within the Presidency of Fort Wilhiim in Bengal, XXII. 1816, may be to appropriate a portion of the tax (a) levied under Eegulation XXII. 1816, of the Bengal X^^f^-'^fa '"epllr' Code, to the piuijose of cleansing and repairing the towns in which that tax is levied. ing of the towns in. ■whieli it is levied. (a) Thifl tax ie a PoUcc-tax : it is appointed for the maintenance of Chowkcedara. 26 CIRCULAR ORDERS No. XXXII. TO ALL MAGISTRATES. No. 26, of 1838. No. 26. — Dated 22nd June, 1838. Calling for cer- 1\EQUESTING the due .submission of certain periodical statements, and tain statoment.-;. ..,,,, i ,- i • , n desiring the submission monthlj'-, "by the 10th or each, ensuing month, ' or the following three statements. * C. O. Nizt. No, 1. According to the order of the 12th December,* 1834, statements Adwt. No. 155 of <• . o 'j-i, J.I. I A. A. the 12th Doc 1834 crimes, &c. with the abstract. No. 2. Comparative statement of heinous offences committed in the district. No. 3. Monthly report of dismissals and appointments of the Police and ministerial officers of the Magistrate's office. (Abstract). No. XXXIII. TO ALL MAGISTRATES. No. 27, of 1838. No. 27-— Dated Fort William, 27th June, 1838. JAEQUIRING the early submission of certain periodical statements. ( Abstract J. No. XXXIV. TO ALL MAGISTRATES. No. 28, of 1838, No. 28. — Dated 13th July, 1838. JAEQUIRING information, to be submitted according to foi-m annexed, "of the number of convicts who escaped from continemeut and who wjere recaptured" in each district. (Abstract). supehintexdent of police, lower provinces. 27 No. XXXV. TO ALL kAGISTRATES. , No. 29.— Dated Fort William, 7tli July, 1838. -^ j^r^ 29, of 1838. Circulating a letter. No. 1227 of ]the 25th June, 1838, from the Travelling al- Secretary jto the Government of Bengal in which the following scale of tra- °"''"'^'^ o on a . veiling allowances is prescribed for the omlah of IMagistrates, when on tour in the interior of their districts. Kative Office. Where the salary 'does not exceed 10 Rs. 2 Annas per diem. 25 Rs. 4 Annas ditto. 40 Rs. 6 Annas ditto. 60 Rs. 8 Annas ditto. 80 Rs. 12 Annas ditto. 00 Rs. 1 Rupee ditto. English Office. W^here the salary does not exceed 60 Rs. 12 Annas per diem. '■ '- 100 Rs. 1 Rupee ditto. '- : 200 Rs. 2 Rupees ditto. Where the salary is above 300 Rs. 3 Rupees ditto. (Abstract). Ttiis scale of traveUtng alloivurfe has been mollified, see Circulur Orders Superin- tendent of Police, Lower Provinces No. 13 of tlie 12t/i October, 1839, and No. 10 of the Will August, 1845. No. XXXVI. TO all MAGISTRATES. No 30. — Dated Fort W^illiam, l/3th August, 1838. j^t^ ^q of 1838. ixN instance having been lately brought to the notice of Government of Extra estabts. an extra sweeper having been employed for a considerable period beyond ^""tiiout luthoritv the time allqwed,' I have been directed to point out to you the evil of such I'cvond the period charges being allowed to run on beyond* the limited period of six ?nontks, , MocUfiod See C n)id to desire that 'in future you ivill strictlu attend to the orders contained S' E"'"'; f ?''''i'',V •^ •' "^ 1'. Jio. 12, dated .^th in Mr. Secretani Thomason's letter to the Civil Auditor under date the •'"'"^> '^"^' "'"* ^°- ■^ . 7 of the 21st June, 31.5/ August, 1832, and circulated on the same day. i850. No. 30, of 1S38. 28 CIRCULAR ORDERS 2. Should there be any extra establishment kept up by you beyond the limited period, I request you will immediately cither report on them with a view to their permanent employ, or that you will at once discharge them. From the Officiatiny Secretary to Government in the Revenue Department, to the Civil Auditor, No. 1509, dated the Zlst Aur/ujtt, 1832. Tompovaiy Estab- It has of latc bccn frequently l)rouglit to the notice of Government, that cstablish- san'ctbn ^of Oovt.'al^ mcnts, nominally temporary, which have at fii-st been entertained on the authority ter SIX montlis. of officers, or Hoards, in wliom the discretion to authorize such temporary establish- ments has been from time to time vested, have been maintained for a long period of years. The grou.ids on which they were originally entertained, have thus been lost R No' fsi^oMhe ®'sbt of, whdst the local officers have been insensibly led to consider them as pa*! of Htli Soi)t., 1832. their fixed establishments and as necessaiy for the conduct of the usual current business. A greatly increased charge has thus been brought upon the State, in the reduction of which much inconvenience is expeiicnced. 2. His Honor in Comicil is therefore pleased to determine, that the discretion given to any Boards, Commissioners, or other c'fficers, to sanction temporary estab- lishments, shall be restricted to the period of six months. The date of the order authorizing a temporary establishment shall be stated in the contingent bdl in which it may be charged, and such order shall be held to have eflect only for the period of six months. The establishment, if still required, after the expiration of that period, must be sanctioned by the Government, and if not so sanctioned, shall be disallowed. No. XXXVII. TO ALL ]\IAGISTRATES. No. 31 of 1838. ^^' ^^- — Dated 17th August, 1838. Fines levied from A, ENCLOSE copy of a letter No. 726 from the Secretary to Government creditedVo Uie Sur- ""'^6^' ^ate the 10th July to my address, in which fines imposed on Chow- phis Chowkeydaree keydars employed at the Sudder Stations and paid by regular assessment are declared to belong to the Surplus Chowkeydaree Fund and not to Government. From F. J. IIalliday, Esq. Secretary to the Government of Bengal, to F. C. Smith, Esq. Svperintendent of police. Lower Provinces, No. 726, doled lOth July, 1838. I am directed by the Ilon'ble the Deputy Governor of Bengal to acKnowledge the receipt of your letter No. 711 dated the 25th ultimo with its enclosure, and to request you will inform the ^lagistratc of Patna, that fines lened on Chowkeydars for neglect of duty should be credited to the Surplus Chowkeydaree Fund, and not to Government. c SUPERINTENDENT OF POLICE, LOWER PROVINCES. 29 •J No. XXXVIII. TO ALL MAGISTRATES. ^ Nq. 32. — Dated, on the river, 6th August, 1838. • . ' No. 32, of 1S3S. ALLING for information, regarding the extent and population of every district in Bengal. No. XXXIX. TO ALL :magistrates. Ng'. 33. — Baled, on the river, 4th September, 1838. J\0. oOj 01 Xooo. X REQUEST you will be so good as to furnish with as little delay as Repaii-sofThan- 'fADSsible, an account curi'ent of the fund for the repairs of the Thannahs ^^^^' of your Zillah, which have been made by withholding the monthly allowance See c. o. Supt. of granted by Governmen,t for that purpose, from May, 1823, to the present on uh Augilst, i s^, time, in conformity with the orders of Government, dated the 8th May, of'sotu Ai^usC i842^. 1823, communicated by the late Superintendent of Police, Lower Provinces on the 25th ]May, 1 823. ? » From W. B. Bayley, Esq. Chief Secretary to Government, Judicial Department, to the n q g^^ jj-^ jgog Superintendent of Police, Lower Provinces, dated the 8th May, 1823. I am du'ccted by the Hon'ble the Governor General in Council to acknowledge the receipt of your lette^^ of the 22nd ultimo, with its enclosure, on the subject of the montlily expense allowed for the Pohce estabhshments, in the ai'ticles of Stationery and Cutcheny repahs. 2. On a consideration of the circumstances stated by you, the Governor General in Council has been pleased to resolve, that the foilowing sums be authorized on these accoimts, to be chargeable from the 1st of the present month. For the Cutwallees at the S udder Station"] of the Zillah or /^ity Magistrates or l^tationcry, ........ 5 Rs. per mensem. Jomt Magistrates, jRcpau-s, For every MofussU Tiannah, | Stationer}', 3 [ llcpaLrs, 2 For every Chokee, Pharree or Wai-d, . . J Stationery, 1 [ Repairs, 12 As. I 30 cmCULAU OHDERS No. 33, of 1838. « , ' G. O. Sill Muv, 1823. 3. No allowance is to be made for tht repairs of the Cutwallee buildings, they arc very frequently of large dimensions or eonstrueted of pucka materials, and it is con- sidered more expedient tliat tboy sbould be' repaired from time to time imdcr the sanction of the Magistrate, and that the actual expense should be charged in his contin- gent bills. 4. It docs not appear to be nccessaiy that the Police Thannah Cutcherrics through- out the Lower Provinces, should be now rep;.ircd at the expense of Government. Some monthly allowance has always been granted for this purpose, and the Magistrates should see that they are put in proper order by the person or persons who have received the allowance. 5. If however the state of the Thannahs in any particular district or dinsion should seem to warrant a deviation from this princijile, you will report the circum- stances of each case for the special consideration of Government. 'No. 34, of 1S38. No. XL. TO ALL MAGISTRATES. No 34. — Dated, on the river^ 13th September, 1838. Fomis to be sub- Para. 2. I have further to request that you will be guided by these forms niitted mth Police . ..,,.,' Statement,No. 18. in preparing m future the statement in question, including the supplement thereto. Note for Police Statement, Xo. 18. Niunber of persons appre- hended. Released. Punished. Pendinp;. Remarks. Summoned by the Magis- trate on Petty Hazzooree ... Sent in by the Police Dare ■ crall Total, 1 SUPERIXTENDEXT OF POLICE, LOWER PROVINCES. Memorandum for Police Statement, No. 18. 31 •% 1' Enqifirecl into at the requisition of the person rob- bed. Enquired into hj order of. the Magistrate. Not enquired in- to under Reg. II. of 1833. Theft, ' • Burarlarv ... ^ • ... Total, ,...,. ... ... No. 34, of 1838. ' ^ ' See C. O. Superintendent of Police, Lower Provinces, iVo. 38 of the 30th November 1838, Xo. 41 of the 28th Decemler, 1838, and No. G of the 10th May, 1845. No. XLI. TO ALL MAGISTRATES. No. 35. — Dated 15th October, 1838. X HAVE observed in many cases that the > wholesome rule laid down in Clause 17, Section 19, Regulation XX. 1817, has been entirely departed from by Darogahs of Thannahs, and that they constantly at their pleasure arrest and release prisoners without exacting bail. 2. As this is o^ie of the chief means by which the Police are enabled to extort money, I beg leave to call your particular attention to the subject, and to desire that you will issue the most imperative orders to your Police officers to obey the injunction of the clause quoted ; and that it will be expected in future, that no person once arrested shall be discharged at the Thannah except on bail or under the special orders of the Magistrate. No. 35, of 1838. Rule, to be strict- ly obsei"ved, that persons once ar- rested are not to be discharged except by bail or special ordei"S. See C. O. Supdt. of Police, L. P. Xo. 38 ofSOthXov. 1838. Eegulation XX. of\%Vl, Section 19, Clmcse 17. Seventeenth. — The r^cei-s of Police shall report to the Magistrate the cx^os of all persons apprehended witlun their respective jurisdictions, whether such persons may have been admitted to bail or otherwise ; and no person who may be once apprehended shall be discharged, except on bail or imder the special orders of the Magistrate. Regn. XX. of 1817. Persons apprchoiul- ctl, wliotliiT Imiled or not, shall be reported, and shall not be dis- charged, except on bail or by special or- der. 32 CIRCULAR ORDERS No. XLII. TO ALL MAGISTRATES. No. 36. — Dated, on the river, 18th October, 1838. Ao. 3G, of 1838. rp Jlagts. to sub- XO enable me to prepare my report to' Government, it is essential that Police all Eoobu- ^ should have before me the lloobucarrees of commitment or decision, when canci's of commit- they arc for acquittal in all cases of murder, homicide, dacoity, highway decisions, when robbery, burglary with murder, or wounding or personal injury, theft with thcv are for acquit- umrdej. • \yyii J regret to state that, although I have several times called the tal, m certam cases. ° ° . ^ attention of the Magistrates, there is not I believe, one district that has furnished all the Roobucarrees wanted. 2. As my report is now entirely delayed by this neglect to furnish me with the papers required, I request you will as sooa as you possibly can, send me the Roobucarrees of commitment in all the cases included in lines 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 14, 15, 17, 18, 21, 22, 28, 29, of Statement No. 18 and the supplement, and that you will furnish the decisions of the Sessions Judge or of the Nizamut Adawlut whenever they may be received. » 3. I take this opi)ortunity to request that you will examine Xo. 1 8 and its supplement which you have furnished me, and that you will see that the explanatory columns from 6 to 14 tally with column 5. 4. I enclose a Roobucarree which will shew your own Amlah also what is wanted. ' No. XLIII. TO ALL SESSIONS JUDGES. ^^. 37 of 1888. ^^- 3"- — Dated 5th December, 1838. Form of returns X HA^Ti the honor to annex a form in which I beg j^ou will be so good as triaU aiv to"be'in- ^0 insert all criminal trials held by you, and to send it to me on the 1st of sertedand sent to j^jy and jgt of January in future. Supdt. of Police. .^, ■" •, ,-,.i.i, 2. To such cases as you consider most deservmg or being brought to my notice it will be useful to give a short abstract iu the column of remarks. This will cause a considerable saving, as at present you have to send copies of the voluminous statements which are transmitted periodically to the Nizamut Adawlut. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 33 Abstract Statement of the Trials held ly the Sessions Judge of - six months of 183 . -for the No. 37, of 183S. > ^ ' 1 o S P Names of Piisoners. Clime chai-ged. Acquitted for wantofpiKJof ofguilt, oron clear proof of umocence. ■1 Crime establish- ed, whether on violent pre- smilptioa or " on fuU legal proof. Referred to the Nizt. Adawlut, and when. Sentence by whom and when it was pass- ed. Remai-ks. * 9 1 No/ XLIV. TO ALL MAGISTRATES. No. 38. — Dated Fort William, 30tli November, 1838. No. 38, of 1838. i REQUEST that in future, you will be pleased to insert a note at the ^o^es and me- . morandum to be back of the Police statement. No. 1 8, to the tollowmg purport. inserted in PoUce ' statement No. IS. JVbfe to Column 5, Stacement 18. 1 . Number o? persons apprehended and inserted in Column 5, 2. Number of persons apprehended and sent to the Magistrate or his, assistants at the Sudder Station* hj the Darogahs, 3. Number of persons released on bail in the mofussU by the Darogahs, Total, K Total. * Sec C. O. Supt. of Polii-c, L. P. No. 41 of the 28th Dec. 1838. 34 CIRCULAR ORDERS No. 38, of 1838. 2. You will in future be particular in insisting on the Darogahs obeying ' • See a o. Supt ^^^ orders contained in Clause 17, Section 19, Regulation XX. of 1817,* Sl^f**',r!! ^\^-,a^o' to which I drew your attention in my Circular Letter No. 35 of 18.38, 35 of 16th Oct. 1838. _ _ "^ •' and you will insert a memorandum in the note of any persons arrested by the Darogahs and released without taking bail, should such for any special cause take place. 3. The note and memorandum which was called for by my Circular No. 34 of 1 838, you will be pleased to insert in future at the back of state- t Sec c. o. Siipt. nient 18,t which will consequently contain two notes and one memorandum. of Pulice, L. P. JSo. ' 1 J 41 of 28tliDee. 1838. No. XLV. TO ALL MAGISTRATES.' No. 39 of 1838. ^^- 39.— Dated Fort William, 30th November, 1838. Account current X REQUEST you will be pleased to prepare an account current of the ty thrPolicron fi^^s collected by your Police officers on cattle found straying, from the 1st stray cattle, how of January, 1836, that you will state in what manner the said fines are expended, the amount to which the Darogahs are permitted to exact fines, and the checks by which peculation or extortion are prevented. No. XLVI. TO ALL MAGISTR.\TES. N 40 f 1838 ^^' *^0.— Dated Fort William, 14th December, 1838. Extorted confes- JL HAVE found during my late tour a considerable difference of opinion in ^'°"^- regard to extorted confessions, which some JMaglstrates and a few Sessions PoUce, L. p."no. I; Judges consider to be very common, and others disbelieve the charge altoge- o i6t April, 1853. ^j^^^, ^g niuch cvil to the people may be done by a systematic disbelief, as well as much injury to the Police by a too ready reliance on such accusa- tions, I have the honor to send for your information, an extract from a minute written by Sir Thomas Munro when Governor of ^ladras, In Avhich the subject Is fully and admirably discussed in all its bearings. SUPEKINTENDEKT OF POLICE, LOWER PROVINCES. 35 Extract from a minute recorded by the late Sir Thomas Miinro, Governor of Madras, jjo. 40 of 1S3S. 13. The Hon'ble Court have adverted at considerable length and irith just severity ^ y ' upon the conduct of the Native Police officers in extorting confessions from prisoners ; and they specify some very atrocious cases, among which are the miu'der of a man by a peon, in endeavouring to eiJtort a confession, and the maiming a prisoner, by a Potail, in tortiiring him for the same obje-ct. In both these cases, however, it is satis- factoiy to l^now that the offenders were competed and punished, one capitally and the other with two years' imprisonment and hard labor. The Judge who reports, fears that cases of forced confession are too common, even among the officers of Government, but observes that the proof is deficient. When violence really takes place, the proof cannot be deficient, but I believe that in a great proportion of the cases where it is charg;ed, none has been used. It is much more general in ^lalabar and Canara than in other zillahs, and the diSerence is probably owing to the people of ilalabar and Canary, still retaining ' much of the turbulent and vindictive character which they acquired while dirided into petty states, and little restrained by any regular authority -from exercising acts of outrage on each other. 14. It is no doubt too certain Jthat many irregrdarities are used in obtaining confessions, and that in some instances atrocious acts are committed ; but when we 'cbnsider the great numljer of prisoners apprehended, and the habits of the people them- selves always accustomed to compulsion where there is suspicion, how difficult it is to eradicate such habits and how small the proportion of cases in which violence has been used is to the whole mass, the number of these acts is hardly greater than was to be expected and is every day diminishing. The prohibition against forced confessions is known to all Native Police officers, and it seems extraordinary that they should even employ force, for they know that they have much to lose and nothing to gain by such conduct ; but some of them in spite of every injunction to 'the contrary, when they believe that a prisoner is guilty, think it right to extort a confession. Police officers in general, however, ^vill not gi-atuitously expose themselves to loss of place, and their families to ruin by such conduct. Prisoners are sometimes hurt by attempting to escape, and notorious offenders are sometimes roughly treated by the \'illagers who assist in secur- ing them, the marks tlras caused are sometimes exliibited as e\-idence of extorted confession. "Wherpvcr there is proof of force ha\ ing been used for such pm'pose, the Police officers should be invariably pmiished and dismissed from the service. But great caution is necessary in believing the accusation of force : it should always be very clearly established before it is entitled to credit. PoUce matters are so public that the charge of violence, when trae, can hardly be concealed. There are two things in which there is con^antly very great exaggeration, the number of persons concerned in a robbery, and the number of extorted confessions : only a small part of the alleged cases of extorted confessions arc ever substantiated. The Circuit Court say that tlie proof is difficidt. I beUeve that when true, the proof is easy, and that the difficulty lies in by far the greater part being unfounded. The charge is easily made and the effects of its recei^ing belief from the Court of Circuit is so generally known, tliat offenders very frequently bring it forward iu some stage of the trial. It is a point 36 CIRCULAR ORDERS No. 40 of 1S38. which demands the greatest possible circumspection on the part of the JIagistratc. ^^ Y ' If he lets the person escape wlio has been guilty of extorting confession, he encourages one of the worst offences against the administration of justice. If he punishes the Police officer charged witii this offence, in only a \cry few instances on fal'^c evidence, he will efifectuaUy deter the whole body from the zealous exercise of their duty, and let loose a host of robbers upon the commuii'ty. No number of zillah' courts would prevent the excesses complained of among the Native Police ; were we to double the number, it would have no eftcct in restraining them.' They can only be checked and effectually put down by the vigilance of the Magistrates ; hf never letting them pass impimished ; by the Police officers finding from experience that they never coidd gain anything from the , use of force, but would certainly suffer disgrace and punishment ; and by time working a change in their habits. 15. The uTegidarities committed by the Police are now much more difficult of concealment, than when the office of Zillah Judge and ^lagistrate were united in one pereon, confined to a fixed station ; and though too many of the Police officers are still fi'equently guilty of such irregularities, yet the conduct of thu great body of them is highly useful and meritorious, and its effects £^'•6 becoming every day more evident in the increasing tranquillity of the country, and the gradual diminution of organized bands of robbers. The amelioration, though occasionally retarded by the misconduct of local officers, continues to advance and is gi'adually diminishing the number of criilaes. This Circular was ftlso circulated by the Nizamut Adawlui, vide their Circular Order, No. 18, dated the \%th January, 1838, to the address of the Sessions Judges and Commissioner of the 19th Diiision. See Beaufort, Section relating to confessions and treatment of prisoners. No. XLVII. TO ALL MAGISTRATES. No. 41, of 1S3S. No. 4 1 . — Dated Fort "\\'illiam, 2Stli December, 1 838. Addition to be I j^^jJEX for your information, copv of a letter to rav address, from the made to note m •' ' , ^ • ' r Magistrates' state- acting IMagistrate of Beerbhooin under date the 7th instant, and of my reply ment IS. of the 12th idem, and request you will add the words '" i// l/ie Darogahs'' to No. 2 of the note in my Circular Letter dated the 30th November last, numbered 38 of 1838. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 37 From H. Atherton, Esq. Officiating Magistrate of Beerbhoom, to F. C. Smith, Esq. Superintendent of Police, Lower Provinces, No. 69, dated 7th December, 1838. • "With reference to your Circular No. 38 dated the 30th vdtimo, I request the favor of yoiu' explaining to me the difference between Nos. 1 and 2, in the note to column 5, statement No. 18. • No. 1. The " n\unber of persons* appreliended and inserted in column 5" seems to me to include the same persons aud no more or less than those to be entered in No. 2, ^■iz. " Number of persons apprehended and sent to the Magistrate or his assistants at the Sudder Station," who are those apprehended and brought to trial as inserted in column 5. , From F. C. Smith, Esq. Superintendent of Police, Lower Provinces, to H. Athertox, Esq. Acting Magistrate of Beerbhoom, No. 1483, dated 12th December, 1838. In reply to yom' letter gf the 7th instant, I beg to state that No. 1 shoidd include the sum total t)f persons* aiTCsted and brought to trial, whether arrested by the Daro- gahs, by the Nazir, or by your owl warrants. No. 2 is intended solely to comprise the number of persons apprehended and sent in to the Magistrate by the Darogahs. ' i reqrest after the last word in No. 2, ^-iz. " station," you will add the words " by the Darogahs." , No. 41. of 1S3S. > ^ ' N, I No.XLVIII. TO ALL IMAGISTRATES. No 1.— Dated 29tli January, 1839. No. 1, of 1839. ENCLOSE two forms in which it is my wish, that the dismissals and Eetm-ns of dis- appointments of the police and ministerial officers of your district should be ,™fntmente^of po- forwarded tome ev'ery* mouth, in addition to the reports you at present Hce aad ministerial - . . officers to be made make for ray sanction. monthly to Supt. 2. I request you will, with the police reports for the last si.K months "* Police L. P. of ] 838, send me these forms filled up for that period. return, the cases of 3. To pr'ivenf delay I have had a number of these two forms litho- reinst'^ated "^b " ' the graphed, and I forward twelve of each description. • f,;'f ;^,°^_ ^^'- ^^"t * excluded! See C. O. Supt. of Pol. h. P. Ko. 6 of 10th May, 1815. 38 CIRCULAR ORDEnS No 1 of 1839. Monthlij Erport of Dismissah and Appointments of the Felice Officers ofZillah for the month of- Officers dismissed. Officers appointed. Name, with the name of the father. to < O o o o a .2 §1 Cause of dismis- sal, with the date of it. Name, with the name of the father.' < I'lai'O of llesi- lenee. Date of appoint- ment. Previous employ- ment. »i r, t Monthly Eeport of Dismissals and Appointments of the Ministerial Oncers of ZiUah ,for the month of . Officers dismissed. . Officers appointed. Name, with the name of the father. 8d •< o g 5 o c o Cause of dismis- sal, with the date of it. Name, with the name of the father. & < "c -; ZJ il ■ I 5-. *; o C o 2 Previous employ- ment. ' • • ( SUPERINTENDENT OF POLICE, LOWER PROVINCES. 39 No.XLIX. TO ALL MAGISTRATES. No. 2. — Dated SOtli January, 1839. No. 2, of 1S39. XN order, to institute vigorous and combined proceedings for the eflfectual Magisti-ates to ... report immediately suppression or the heinous onences of gang robbery or dacoity, it is essen- to the Supt. of Po- tially necessary that every Magistrate should not only freely communicate lice m English, the . , occurrence of any with me on the subject either privately or publicly, but that no dacoity aggravated case of attended by aggravated ciitumstances should be suffered to^take place with- ^^^^°^'' ^^'i^ ^^^' out Kis immediately submitting to ine a report, containing a brief statement weekly reports of of the case, and to prepare the means requisite for the arrest of the parties procee igs. concerned. See c. o. Supt. of Police, L. P. No. 1 1 2. You will therefore consider it as a fixed and invariable rule not to be dated i^th October, departed from without good and ^hifhcient cause, immediately on the receipt of intelligence, that a dacoity attended with murder, torture, wounding, "or other aggravating circumstances has occurred, to submit for my informa- tion and orders a report in the English language, in which you will in.'iert a brief abstract of the circumstances of the case and of your proceedings. • 3. In all such cases it will be requisite that you should send a weekly report of the progress in arresting the offenders an,d eliciting information, and that you should continue to send such reports till the culprits are arrested, or all immediate hopes 'of bringing'them to justice have passed away. 4. It is necessary, from the neglect of several Magistrates who have kept me in entire ignorance of their proceedings, that you should be im- pressed with the absolute necessity of keeping me fully acquainted with the occurrence of all heinous crimes and offences, particularly dacoities, highway robberies, and affrays, for it must be obvious that ray office can be of no utility or assistance towards the suppression of crime, if I am kept in igno- rance of their occurrence. 5. From the general, cheerful and willing respect which has been shown to ray wishes and*requests, 1 feel confident that I shall not appeal to you in vain for that co-operation and assistance in the performance of a duty in which we are bcth equally interested and concerned. I place every reli- ance on your zeal for the service, ajid the honor, and the credit of our department, but so impressed am I with the absolute necessity for the adop- tion of combined measures for the suppression of crimes that however pain- 40 CIRCULAR ORDERS ^ Ko. 2, ot 1S30. ^ |.^jj ^jj^, ^^^^ j^j^y jjg^ J gij^jj consider it my boundcn duty to Government to bring to its notice any want of co-operation, which I may unfortunately experience on the part of any Magistrate or Joint Magistrate. No. L. TO ALL MAGISTRATES. No. 3, of 1839. ]^^To 3 _Dated 6th February, 1 839. daree"^ cesV to be -l-T has been brought to my notice that in some districts the pay and allow- collected by the ances of the town Chowkeydars entertained under Regulation XXIL of keydaistobe paid 1816, are not regularly paid, that the collection of the cess for their support before the Magt. ; j (jf^gjj entrusted to them instead of beinsf collected by the Bukshee, and the tax to be as- ... sessed equitably : that great abuses have occurred in the nomination of Chowkeydars. In Mid the ^"^^^^"j some instances they are mere faggots, in others they are the servants of the as Natives to be Punchaits. *^^ \ r, r^ c 1, 2. I therefore think it necessary to call your attention to Section 16, See also C. O. Supdt. ■' ■' of Pol. L. P. No. 8 of Reffulation XXII. of 1816, and to request that in future you will invariably the 23rd AprU, 1841, » ^ .,,.,tiii and No. 4 of sist cause the cess to be collected under the superintendence of the Bukshee, """^ ■' ' who should invariably be required to deposit the money, as it comes in, with the Treasurer, taking receipts for the same. A day of payment should be fixed, and on that day the Chowkeydars snould be brought to your cutcherry and paid by the Eukshee, either in your presence, or in the presence of any officer of your court, whom you may think fit to depute for the purpose, as directed in Clause 7, Section 16, Regulation XXII. of 1816. 3. I request on the first pay day after the receipt oC this Circular, that you will personally examine the Chowkeydars. and weed out the old, the inefficient, and all such as you may consider unfit for the duty either on the above account, or from their connection with the Punchait, and that you will report to me the result of the review now directed to be made. 4. I would also suggest the propriety of your making enquiries how far the assessment has beer equitably made, and that the connections and friends of the Punchait and the Oinlahs of the different cutcherrics have not been unduly favoured. Selitns^' °^'^^'' ■5- As no class of people should be exempt* M-ho can afford to pay, you will be pleased to assess the houses of all Europeans, as well as Natives, who reside at the Sudder Station of your district. SUPERIXTENDEXT OF POLICE, LOWER PROVINCES. 41 Regulation XXII. q/"1816, Sections 15 and 16. jfo. 3 of 1839. J XV. For the purpose of realizing thj amount of the assessments, for keeping with regu- * y" larity and accm-acy the records appertaiauig to the subsidiary Pohce estabUshments, and for ^^S^- ^~'^>- °' 1816. the, payment of the monthly wages of the PoUce Chowkeydars, entertained under tins Eegula- appomted'forthe rea- tion, an intelligent and respectable Native, duly qualified, shall be selected and appomted l^^^'o" °^ ^lie assess- . T • -«•■ • 1 11 ments and other du- by the MagistTate or Jomt Magistrate, wljo shall be denominated the Sudder Chowkeydaree ties herein specified. Bukshee, an/l who shall receive such filed monthly salary and allowance for the provision of stationery and materials for keeping the prescribed records, as may be determined by the Governor General in CouiA;U. In making this selection, it shall be the duty of the Magistrate, or Joint Magistrate, to consult, as far as practicable, the wishes of the most respectable inha- bitants of the town. XVI. First. The Bukshefs who 'may be appointed under the preceding Section, shall be Bukshee to be exclusive^ employed in the duties prescribed by this Regulation, to the faithful discharge discharge of his du- of which they shall be |wom^ and the Magistrates and Joint Magistrates are strictly enioined ''^*' *"'^ *°y i^'erfer- . . ■! J encg of Police Daro- not to allow any Police Darogah, or other pubhc officer, subject to their authority, or any gahs or others prohi- other individual whatsoever, to interfere in any manner with the Bukshee, in the discharge of '"'®"' the duties specified following. Second. The Bukshee shall prepaiT»from the lists specified in Section 10, a general register Specification of the in a book, to be signed and paged by the Magistrate, or by his assistant, or by the Joint ' " '*° ° Magistrate, containing the names of all persons assessed, the amount payable monthly by each person, and the names and number of Chowkeydars, entertained in each Mohulla, according to the Form (C) in the Appendix. ^ Thii-d. On the 1st of each Bengal or Fussily month, the Bukshee shall proceed to collect in person, if practicable, or otherwise with the aid of the Chowkeydars, the Quotas payable by each assessed individual within the limits of the city, or town, being the station of the Magis- trate or Joint Magistrate. * Fourth. For all sums so paid, the Bukshee shall sign any receipt or acknowledgment, which may be correctly prepared and presented to him for that puii^ose, at the time of pay- ■ ment by individuals assessed, who may be able to write ; or should the person assessed be unable to write, the Bukshee shall grant a receipt. Fifth. On the tenth of each Bengal or Fussily month, the Bukshee will deUver to the Magistrate or Joint Magistrate in one list, a statement shewing the names of any defaulters, the Mohulla in which they may reside, and the amount due from each, according to the Form (D) in the Appendix, and upon receipt of wliich, the Magistrate or Joint Magistrate will pro- ceed as hereafter direoted. Sixth. The whole of the chowkej^daree stipends, wliich may be realized by the Bukshee,. shall be immediately deposited by him, in the treastiry of the Magistrate, and for which the receipt of the treasurer shall be taken by the Bukshee. Seventh. On the last day of each Bengal or Fussily month, the Bukshee and PoHee Darogah joirtly siiall cause the attendance of the Police Chowkeydars at the cutcherry of the Magistrate or Join^Iagistrate, where they shall be paid their monthly wages in presence either of the Magistrate or of his assistant, or of the Joint Magi^rate ; the receipt of each Chowkeydar being taken for the same in such form as may be convenient. Eighth. The Bukshee will likemse prepare any simimons, or process to be issued against defaulters ; he shall keep a regular and coiTect account of aU sales, which may be made by him, under the authority of the Magistrate or Joint Magistrate, for the reaUzation of arrears 42 CIRCULAR ORDERS N 3 of 1839 according to such form as shall bo prescribed by the Magistrate or Joint Magistrate, and he I I shall jierform any other duties which the ^Magistrate or Joint Magistrate may direct, connected Kcgn. XXII. of 181G. ^yj^jj ^]^^. general management of this branch of the Police establishments. jR>r»n ofEegistet ra;. • c3 1 o Cm O g3 i ° ^ 8 S i =3 amount of ssment in 1 Molmila. i ■ c o g mount of their monthly wages. ii ' §.SJ I'M si rt "3 II -i5 w rt sr 60 = 5 O SI = ^ s a s ^ ^ 12; o S H 12; < o CH (* »i « • • I* 1 Form of Statement (D). Name of Mohulla. Names of Defaulters. Caste or Profession. lAmount assessed. Amount defatcation on the 5th. Amount vo- luntarily paid previously to sale. Eemarks, shewing when, and in what manner reahzed, and if by distress and sale, the date and particulars thereof. t • « Act. XV. of 1837. Act XV. 0/1837, Section III. ' Kg person exempt And it is hereby enacted, that no person wJiatever shall either by reason of place, of birth, fi-om assessment. , e i . ■, , i ^ ii . ,. ,-r.,. or by reason ot descent, be exempted irom the payment ol any assessment under Kegulation XXII. of 1S16, of the Bengal Code or under this Act. SUPERINTENDENT OF POLICE, LOAVER PROVINCES. 43 Ni>. LI. TO ALL MAGISTRATES. No. 4.— Dated Fort ^Villiara, 9th March, 1839. , ■ No. 4, of 1839. XT being essential to have a comparative statement of murders and homi- Mui-ders and cides, I request you will add these two descriptions of crimes to the monthly jio™i"i:les to be ,.,,., . . included iii the comparative statemenf^ which you send me, according to the instructions monthly compara- contained in my Circular Letter, No. 26 of 1838, under date the 22nd June, *'.''? statement fm-- •^ J • ' nished to Supt. of 1838. They may be added for the present below forgeri/, but whenever PoUce. your present stock of the lithographed statements is disposed of, the two descriptions of crime, viz. murder and homicide should form the two first items of the statement. * This statement is given with C. O. Supdt. of Pol. L. P. No. 6 of the 10th May, 1845. No. LII. 'TO ALL MAGISTRATES. No. 5.— Dated Fort William, 10th May, 1839. ^"o- 5, of 1839. IVEQUESTS that the half yearly returns for the six months of 1839, be submitted to the Superintendent 'of Police " ^s soon after the 1 st of next July as possible." No. LIU. TO ALL MAGISTRATES. No. 6.— Dated Fort William, 22nd May, 1839. No. 6, of 1839. J. AM often at a loss to account for the acquittal or conviction of prisoners Copies of Fut- made over to the^Sessions. As it is necessary that I should possess this LawOffi'^-^'^ttl'^ information for the purpose of preparing my reports for Government, Sessions, and of the I request you will in future, commencing with the statenlents for the first luj 'Assessors" 'to six months of 1 839, invariably send me copies of all the Futwahs, either of If furnished to conviction or acquittal, delivered by the Law Officers at the Sessions, and of the verdicts of Juries and Assessors. 44 CIRCULAR ORDERS No. LIV. TO ALL MAGISTRATES. No. 7.— Dated Fort William, 2?nd May, 1839. Offences to be en- A O prevent future mistakes, I have to infdrm you, that the memorandum tered in memo ac- ■which accompanies statement No. 18 of the six — monthly reports should, companying state- . ■ ,, rr- r i_ • ment No. 18 of under the heads^ of burglaiy and theit, contam all offences set forth in state- the six— monthly ^^^^^ ^^^ jg f^^^ t^g 17^^ ^q t^g 23rd head, both included. reports. No. 8, of 1839. . The Govt, of In- dia having remark- ed that the Police statements are de- ficient iu cu-cum- stantiaUty, fuller information is to be submitted by JIagts. No. LV. TO ALL MAGISTRATES. No. 8. — Dated Fort William, 17th June, 1839. JlT has been pronounced by the Governmont of India, that the Police state- ments which are prepared and sent in by the Magistrates and Joint Magis- trates every six months, according to the Circular Order of the Nizamut Adawlut under date J^he 12th December, 1834, are wanting iu circumstan- tiality with respect to the particular crime of dacoity. 2. The reports which Kre now fun.ished to me in compliance with the orders conveyed to you by my Circular Letter of the 30lh January last. No. 2 of 1 839, will enable me to submit all the information which the Government desire to possess, if they be properly and carefully prepared. 2. On the character of the reports the 3. To enable you to perforin this President in Council observes, that they ap- peal- to be wanting in cu'cumstantiahty with respect to the particular crime of dacoity. A variety of offences are often included under this generic name and therefore it is desu-able to have a more detailed account of such in- stances as occur, than is vecessary m the case of other crimes. 4. It is well observed by the Commissioner of Moorshedabad, that the fact of the perpe- tratoi-s being inhabitants of the disti-ict in wliich the offence occurs, or pei-sons coming from a distance, affects to a considerable ex- tent the complexion of the case. The woi-st essential part of your duty, I annex in the margin for your guidance, an extract from a letter addressed bv order of the Government of India, to the Secretary in the Judicial Dej>art- ment of the Bengal Government un- der date the 1 3tli May. 1 839. 4. As it is desirable that the in- formation required by Government should be comprised in my Police report for the 1 st six months of 1 839, I shall ftel obliged by your looking SUPERINTENDENT OF POLICE, LOWER PROVINCES. 43 of aU description of dacoitj- is, that which is over the few reports in English of Xo. 8, of 1839. perpetrated by gangs settled in a district and ^^^^j^^ ^.^^^^ ^^^ j^^^^ Submitted ' '^r bidduig defiance to the PoUce. The nest 'in t ■ ^ r- ■ , r. ., , „ •. • , 1 ,, • durino; the first six months of 1839, the scale ot enormity is, when such robberies are jierijetrated by gangs coming from remote ^°*^ ^^^^^^"^ Y^^ ^^'^ them deficient or foreign countries. The last and least ag- in circumstantiality, you will be so ' gravat€d form that this crime assume^ is", good as to send me with your Police when it is cohimitted by parties casuaUy unit- reports for that period which have ed under the influence of some sudden temp- ^^^^ ^^jj^^ f^^. j^^ ^^ Circular Letter tation, or the pressm'e of accidental calamity. „ , , , , ^ ^ of the 10th May, 1839, No. 5, the additional information which you may find on perusal to Ije wanting in the repoj;ts in question. No. LVI. ' TO ALL MAGISTRATES. No. 9. — Dated Fort William, 17th June, 1839- jg-o. g of 1839. X HAVE the pleasure to inform you that by recent arrangements, I am Dispensing with now enabled to dispense with duplicate copies of the six-monthly statements of half veariy^^statZ which you have hitherto been required to forward to this office, according ments hitherto ^e- to the Circular Order of the Nazamut Adawlut under date the 12th De- tiates. " cember, 1 834 ; you will therefore be pleased in future to send me only one copy of the six-monthly Police statements. 2. As this arrangement will "considerably relieve the writers of your establishment, I confidently expect that you will be punctual in the despatch in future of the periodical statements alluded to in this letter. E No. LVII. TO ALL MxVGISTRATES. No. 10. — Dated, on the river, 19th September, 1839. jr ,q i--iQon EWARDS for killing dogs having in some instances been granted in iiewaids for kil- contravention of the wishes of Government, I was induced to refer to that }"'» !^°S^ ^^P^^ ^° ^ . ' . . '^e given without authority on the subject, and have now been instructed to intimate to you sanction of Supt. of as a standing order, that no rewards are in future to be given for killing " '^'^" dogs except, and subject to the sanction of the Superintendent of Police, on particular occasions when they become rabid or serious apprehension.') are otherwise entertained. N No. 11, of 1839. 46 CinCULAR ORDERS No. LVIII. TO ALL MAGISTRATES. No_ 11 — Dated, "on tour," 24th September, 1839- X* ORWARDING a letter from the Magistrate of Rajshahye', regarding a plan adopted by that officer to prevent witnesses to search — soonuhals from being tampered with, and reconnnending the plan to rotice. ( Abstract). This Circular was recalled by Circular Xo. 21 of tfie I2ih September, 1810. No. 12, of 1839. Documents lost No. LIX. TO ALL MAGISTRATES., No. 12. — Dated 24th September ji 1839. St vJn the 2 1 St instant my office boat, with the whole of the fleet which ac- ^ f ^^If*,*.^'' j° companied me on my present tour was totally wrecked in a gale of wind at P. and duplicates Bauleah, and all the records, both English and Persian, with few exceptions retimed. have been destroyed, I therefore beg to apprize you of this disaster and to request that you will send me duplicates of all the letters, RooI)ucaries and Missils to which you have received no reply, and which in your judgment requii'e orders fi'om me. No. LX. TO ALL MAGISTRATES. No. 13.— Dated Fort William, 12th October, 1839- No. 13, of 1839. ^.__ Tiavelliiin- al- ' ' ^'^^ advertence to my Circular Letter No. 29 of 1 838, 1 annex for your lowance to Native information and guidance, copy of a letter No. 195, dated the 29th August and Clerks. '' * ^''^t' ^^^ "f its enclosures, from Mr. Secretary Halliday revising the existing scale* of travelling allowances for all Native Omlah, Writers and Christian » Tliis lias been ^ , ■' • modified by C. O. No. Clerks. 1845, jKorf ixfe!*^* ' 2. You win be pleased when forwarding bills on this account in future for my sanction or countersignature, to add an additional column to them in which should be noted the dates when the incumbents on whose behalf the application is made succeeded to their respective appointments. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 47 From F. J. Halliday, Esq. Secretanj to the Government of Bengal, to F. C. Smith, No. 13, of 1839. Esq. Superintendent of Police, Lower Provinces, No. 195, dated 29th August, 1839. '" v The subject of travelling allowances to Omlali has heen lately brought before His Honor the Deputy GoA'ernor of Bengal, who has been pleased to modify the orders issued to you on the 31st of October, 1837, on this subject, and to determine that the scale laid down in the 6th para,, of the accompanying copy of a letter to the Secretaiy, Sudder Board of Revenue of this date, shall in future be considered to applv to all Native Omlah, Wi-iters, or Christian Clerks. 2. You Tvill be pleased to conform to the tenor thereof in future applying the new rules to all Omlah, appointed subsequent to the date of these orders, but continuing to present incumbents, the advantageous rate of travelling allowance which they now enjoy.' '"» From F. J. Halliday, Esq. Secretary to the Government of Bengal, to E. Currie, Esq, Secretary to the Sudder Board of Revenue, No. 1246 dated 29th August, 1839. -♦ I am directed to acknowledge the^ receipt of your letter No. 168 of the 3rd April last, enclosing a letter from the Commissioner of Patna submitting an apphcation from the Native English Writers on his establishment for an increased rate of travel- ling allowances. 2, The scale of allov/ances at present in use is as follows : , Natives. ' Monthly Salary of 10 Rs. 2 As. per diem. 25 4 „ 40 6 „ 60 8 ,^ 80 12 „ 100 1 R. Christians. Monthly Salary of 60 Rs. 12 as. per diem, 100 „ 1 R. 200 „ 2 Rs. „ -' 300 „ 3 Rs. „ The difference between the Christian and native writers there, is that the former never di-aw less than 12 annas per diem, or 22^ Rs. per mensem, whereas the latter di-aw, some of them only 2 annas per diem. 3. By an order c^ Government dated the 31st of October 1837, the Superintendent of Police was authorized to pass Bills for travelling allowances to his Omlah at exactly double the rates mentipned in the former paragraph. 4. In your letter under acltnowledgmcnt the Board suggested that no differenee should be made between the " Native" and " English" Officers as heretofore, but that all Omlah should receive according to the follo^viag scale. No. 13, of 1839. -v 48 cmCUI.AU ORDERS Salary per mensem Per diem. Up to 25 Ks 5 aniia.«. 30 „ G „ 'W » 8 „ 50 „ 10 „ 60 „ 12 „ . 100 „ 1 R. 200 „ 2 Rs. 300 „ 3 „ 5. Your letter was forwarded to the Ci\-il Auditor, who was requested to furnish the Government w.'th liis opinion on the matter. He has suggested in reply that all Omlah receive 3-lOth extra pay as travelling aUowanees. 6. Tliis is considerably less than the scale proposed by the Board, as will be seen from the foUowuig Table which contains also the allowances at present granted. Salary per mensem. Present allowances. Proposal of Board. Proposal of Civil Auditor. 30 Es. 11 J. 11 4 9 0. ,. 40 „ 11 4 15 12 50 „ 15 18 12 15 60 „ 15 22 8 18 80 „ IS 30 24 100 „ 30 'O '30 30 7. The rates proposed to the Omlah attached to the office of Superintendent of Police are, as before mentioned, double the rates allowed to any other Omlah ; but His Honor the Deputy Governor is of opinion, that the most equitable plan will be to equalize the travelling allowances of all Omlah without respect to nation or creed, and he thinks also that the rates proposed by the C'wil Auditor, are those which should be followed. 8. 'Orders will accordingly be issued to the Civil Auditor, and you will be pleased to make the above known to the several officers in the Revenue Department. 9. In the division of Chittagong the Omlah of the Commissioner are now allowed, His Honor believes, a double travelling allowance. The Commissijuer^should therefore be instinicted to continue to present incunibents in his office the advantages they now enjoy, applying the new rule to all Omlah appointed subsequent to this date. See Circular Order Superintendent of Police, No. 10, dated IIM August, 1845. \\ SUPERINTENDENT OF POLICE, LOWER PROVINCES. 49 No. LXI. TO ALL MAGISTRATES. No. 14. — Dated Fort William, 21st October, 1839. -^^ ^^ of 1839 i' ITH reference to paras. 871, 8p, 873, aud 874* of my Police Report PoUcenotto in- for the 1st six months of 1838, awd to the orders of Government on the terfere to procure 1 . T ' -ii • 1- 1 1- • 11 ,, the payment of subject, 1 request you will in^mediately discontinue the abuses alluded to Chowkevdars' wag- therein, should they exist in your District, and report the execution of this "^^ ' ^^^l^) <^- . are not to be order with as little delay as possible. compelled to keep , watch ; Dagees not Extract from the Report of the Superintendent of Police of the Lower Provinces, for to be made to sleep the first six months of 1838. ^'i^'' surveillance. See C. O. Supt. of Para. 871. Two ext/aoraifiary systems for the suppression of dacoities and other Police, L. p. No. 8, robberies have been now current in this district since 1833, and were first adopted by i84i. ^ Mr. J. H. Patton. The fij-st is the compelling all Dagees and Tekorahs to sleep imder * Omitted, leing the surveillance of the PoUce or of the, Zemindars. The second is the compelling of ''^n^^portant. the villagers to assist the Chowkeydars in watching their villages. , 872. With respect to the fii'st, I have to observe that the term Tekorah includes all those who have no certain means of subsistence, who depend upon casual employ- ment for their bread. It is the duty of the heads of the villages to collect by means of the Chowkeydai's all the 6ad characters and Tekorahs every evening, and to look in ' during the night to ascertain that they are present. It is said to have most effectually answered its pm^ose, but the Hon'ble the Deputy Governor may judge of the magni- tude of the cast, and the number of people thus nightly torn fi-om their houses and famihes, wheu I -state that the who^e of the Dagees are thus compelled to sleep at the Pohce every night, and two-thu'ds of the Tekorahs. The Dagees amounting to 2,143 and the Tekorahs to 48,770 : thus no less than 34,628 people are kept under lock and key every night. ]\Ialthus woidd have been dehghted at this novel check on the increase of the population. 873. With regard io the second, I am inchned to think that to compel Aollagers to assist in protecting their own property is contrary to the spirit of Regidation II. of 1832, which gives evpry person the option to prosecute or not, the people who have robbed him. On the same reasoning he shoidd be permitted to watch over, or neglect to take care of his property according to his own free will and pleasure. Extract from a Resolution dated the 2oth July, 1839, recorded by the Honorable the Deputy Governor of Bengal, on the Police Report of the Lower Provinces for the first six months 0/1838. " Tlie Superintendept v,-i\l be mstructed to direct the unmediate discontinuance of the abuses noted in the above paragraplis, not merely in Beerbhoom, but in any other district in -which such systems may have been adopted." 50 CIRCULAR ORDERS No. LXII. TO ALL MAGISTRATES. No. 15 of 1839. ^'^- 15-— Dated Fort William, 21st October, 1839. . Magts. .slioul '" .y "^i" "' '. _ or in the adjacent country ; and also of any vagrants, or other persons who may be lurking the earliest intelli- about the country without any ostensible means of subsistence, and who cannot give a satis- of oll'enders aiiTcom^ factory account of themselves. It shall Ukewise be ,the business of the Village Watchmen to mission of crunes. convey early intimation to the thannah of all murders, robberies, burglaries, thefts, violent affrays, and other heinous ofTeneos, perpetrated in the villages or places in which they maj' be stationed. Rule for receiving Sixth. The report of the Village Watchmen to the Police officers of the regular establish- watchmen' o v go jj^g^^-g gj^^^jj |,(j made'^'erbally ; and they shall not, unjess thiy appear as prosecutors, he sworn to their depositions at the thannahs, or be detained at the thannahs, or sent into the Magis- trate's court, unless on account of misconduct, or under the special orders of the Magis- trate. Supervision to be Srventli. Darogahs of Pohce shall invariably ascertain and report, when making inqtiiries exercised by the Da- q,, ^|^g occasion of any robbery, btirglary, or theft, the conduct of the Village Watchmen ; and whether they were present at their posts when the offence was perpetrated ; if not, the cause of their absence, and whether there may be reason to believe, that they were themselves concerned in, or connived at, the commission of the crime. In the event of any n^lect^ p , -or suspicion of criminality attaching to a Village Watchman, the Darogah shall either '-send of negligence or abuse, thc.individual to the Magistrate, with a separate report of the grounds of the charge exhibited t against him, and evidence to establish the same, or shall forward a report in the first instance, and wait the instructions of the Magistrate, as the nature of the alleged offence may dictate. In the event of any gross neglect or misconduct in the discharge of his duty, as a Police officer, being established agahist a Village Watchman, he shall be hable to (Usmission from his station, by order of the Magistrate, independently of any punishment, to which he may be subject, for specific acts of criminality, imder the laws and regulations in force. Watchmeu not to Eighth. The Darogahs or their Pohce officers are prohibited, under penalty of dismission be employed on Da- , . , -,.,, ,-. , ... , .. rogahs' private con- from office, from employing the Village Watchmen on their private concerns, or on any duties '"'™''- unconnected with the Pohce. In places where re- JSi'inth. In those towns and villages, where the Darogahs of the mofussil police jurisdic- gukr PoUee establish- \\QYi, or the officers of out-posts may be stationed, the duties of watching and patroUing shall ments may be station- ed, duties of watching he performed conjointly by the regular Pohce officers and the Village Watchmen ; and pn- by whom to be per- ^..^^^ watchmen, entertained by individuals for guarding their habitat'ons, shops, or warehouses, shall also allbrd theh assistance, and be considered subject, ui the performance of this duty, to the orders of the Police Darogahs of the station. The village watch- Tenth. On the occurrence of a gang or highway robbery, or any robbery by open violence, men to resist rol>liers ^^m.^gy burglary or theft, attended with wounding, or any other hcmous offence, attended to the utmost of theu- ' o j a' j power ; and to re- with a violent breach of the peace, the A'illage Watchmen shall, tj the utmost of their head'nicii'toTcndtlieh- '^^'I'ty, resist and endeavour to ai^prehcnd the offi;nders, and shall require the headmen of assistance in the pur- the village to collect the inhabitants, and to oppose and seize the ^^criniinals, or to pursue «f criminal. them, if they have fled ; and it shall be incumbent on the inhabitants of the villages, through wliich, or near to which, the pursuit may lie, to afford, on the requisition of the Villaga • Watchmen or other Police officer every practicable assistance towai'ds the apprehension of the robbers or other otTenders ; and recovery of any property stolen or plundered by them ; SUPERINTENDENT OF POLICE, LOWER PROVINCES. 57 eoutinuing the pursuit from village to village. Any headman or watchman of a village, who jJq 3 gf jg^Q may he convicted before the local Magistrate of wOful inattention to such requisition, shall ^ . ■ ' -^' be Uable to fine and imprisonment, not exceeding the Umitation prescribed by Section 19, P^a^'y w'' their Eegulation IX. of 1807. Form No. G. Megisfer of Village WafcJmen and alphabetical list of Villages. Names of Villages, Distance and di, rection from the Thannah sta- tion. > Names of the Proprietors and Managers, and situated in what Peio:imnah'. Names of the Chowkeydars or Watchmen at- tached to each village. Estimated num- ber of houses in each vilVge. Eemai-ks. « » » ■ » > • » No. LXVIII. TO ALL MAGISTRATES. No. 4.— Dated Fort William, 17th February, 1840. No. 4, of 1840. HAVE the honor to send you copy of a letter from Mr. Secretary Halli- Police duties in Khass Mehals. I day, No. 229 of the 6th instant, with its enclosures, and to request that you will take particular care to see that in the Government Khass Mehals the poiice, L. p. No. a same Police Rules are obeyed by the Tehsildars and village officers as are in "*' ^stii J""e, ib4i. force according 'to the law in private zemindarees. 2. In case of this not being done, you will immediatlely report to me the instances of neglect, that I may take measures to have the same reme- died, but the transmission of the report is not to cause you to postpone the issue of any orders which you are authorized by law to pass. Q -Y" 58 CIRCULAR ORDERS No. 4, of IStO^ p^.^^^^ p J iIalliday, Esq. Secretary to the Government of Bengal, to W. Dampier, Ei:q. Officiating Superintendent of Police, in the Lower Provinces, No. 22'J, dated 61 h February, 1810. I am directed by the Hon'ble the Deputy Governor of Bengal to return the ^pclo- sures of Mr. Smith's letter, No. 1343 of the 21st December last, regarding the absence of any police arrangements in the Government Khass Mehals, and' to transmit for your information, copy of a letter and of its annexation, from the Scrretarv' to the Sudder Board of Revenue, dated the 2'Jtli ultimo.' From E. Currie, Esq. Secretary to the Sudder Board of Revenue, to F. J. II.illidav, Esq. SecretaryHo the Government of Bengal, ^No. 48, dated 20th February, 1840. I am directed by the Sudder Board of Revenue to acknowledge the receipt of your letter. No. 19 of the 7th instant, regarding the alleged absence of police arrangements in Government Khass Mehals, and to request that you will inform the Hon'ble the Deputy Governor that they have this day issued a Cireolar to all Commissioners of Revenue, of which copy is annexed. Circular. Fro7n E. Cprrie, Esq. Secretary Sudder Board of Revenue, to all Commissioners of Revenue, No. 2, dated 2dth January; 1840. Prorision to be It having been brought to the notice of the Sudder Board of Revenue that on the foraancro/'the ^u- purchase of estates by Government, the zemindaree pohce is frequently neglected ; tiesoftheZemindareo ^nd that the duties performed by zemindars generally, in gi™g notice of offences Police on the pur- ,. . , , . c ^a- j ' c j i t i j i chase of estates by and aiding the pohce in the appreueusiou oi ctteuders, ice. are not duly discharged by "°^* the officers of Government entrusted with the management and collection of such estates ; — I am directed by the Board to request, that, with the view to prevent the like neglect in future, you will issue pai-tieidai" instructions to the collectors and other officers enti'ustcd with the charge of Government Khass ^lehals in your division pointing out, that on the occasion of such pui-cliase on the pai-t of Government in future, it will be incumbent on them to see that adequate provision is made for the performance of the duties referred to, and that subordinate officers are kept up for the purpose. 2. You are reqtiested to take immediate steps to place these matters on an efficient footing in every Khass Mehal already the property of Government, in all the districts of your division. Circular Order, Sudder Board of Revenue, No. 515, dated 2dth January, 1840. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 59 No. LXIX. TO ALL MAGISTRATES. No. 5. — Dated 24th February, 1840. jjo 5 of 1840. E5ERVING that the Darogahs of some zillahs are in the habit of trans- Darofahs to send mitting their thannah reports to this office through* the ^Magistrate of the *^*"'' t^^aimali re- . ■ ^ . * *= port direct to the district, I have the honor to request, that you will issue orders for the dis- Supt. of Police. continuance' of the practice, should it prevail in your district, enjoining your s^'ais'^c n's^ Darogahs invariably to 'forward the return in question direct to this office. "^ PoUce, l. p. Nos. ° "^ ^ 13 and 23 of 1843. Begulation XX. of 1817, Section, IX. Clauses 12 and 4 to J.1. Twelfth. A monthly report of 'crimes "and offences agreeahh' to the form No. 4 of the Thannah reports to Appendix, shall be transmitted bv the Police Darogahs, from each PoUce Thannah, to the ^ ,?""} *" Supt of . ' ' Pohce bv Darogahs. otSce of the Supermtendeiit of Police for the di\Tsion, on or before the 5th of the ensuin<^ month. * ' FoEii No. 4. Statement of crimes of a heinous nature, ascertained to have heen committed or attempted within the limits of the Thannah of during the month of . No. 8 9 10 11 12 13 14 15 16 17 18 19 20 Crimes. Dacoity attended with mm'der, Ditto ditto wounding, Simple dacoitj-, River dacoity, Wilful mui-der, Maihem, or malicious wounding, . . . Highway robbery by footpads, at- tended with murder, wounding, or other circumstances of aggra- vation, Simple highway robbery by footpads, Highway robbeiy by horsemen, . . . Cattle-stealing, Homicide, Affrays and riots of a serious natiu'e. Burglary, attended with mm-der or wounding, or other circmmstances of aggravation, Simple burglary, Thefts, exceeding 10 Es Ditto, under 10 E.s Thangee Daree, Arson, .' Counterfeiting coin, or uttering base coin, Suicide, Number Com- At- of 1 Number mitted. tempted. offenders appre- con- hended. cerned. Remarks. (JO circulah orders No. 5, ol' IS 10. N. B. — Tlic number of accidental deaths, whctlicr occagioned by falling into rivers, lakes, Y or wells : bv wild beasts, venomous animals, or other caases ; also any considerable mortality, R.-gn. XX. of 1817. ,,,.,.„• ^, , i r ^ i ■ v, i whotlier proceeding from famine or other cause ; and any extraonhnary event which may be brought to the knowledge of the Police olticers during the month, shall be noticed at tlie foot of the statement. Utiles for prejjarinff the Statement. , RiJos lor preparing Third. In preparing the abstract monthly statements of heinous offences lyjcording to the statoiiu-nTs^ '"°" ^ form No. 4 of the Appendix, the Darogahs shall pay strict attention to the following rules. Wilful niiirdor to Fourth. The Darogalis shall, as far as may be in their jJower, distinguish wilful and ■niislied. ' malicious murder (kufli-umd) from ever}' other species of homicide, reporting all cases of Riiles for tlie classi- jjiurdcr, not aecomjjanied with robbery or burglan' under the 5th head, and ca.ses of homicide ficatiou of lionucide, . ....'_> r not \Tili'ul. of every other description, excepting homicide in a&ays, under the 11th head of the statement. Malicious wotmd- Fifth. Under the 6th head the Darogahs shall insert all cases of woimding, or %noleiit Tl^ how'to^b'"cUis*sed f^orjioral injury inllieted maliciously, and not in the prosecwtion of robbery or burglar}', or during an affray. .Vffrays attended Sixth. Under the 12tb head of the statement, all affrays and riots shall be entered, in which lin"! orTiolcnt" breach' 'i"}' considerable number of persons may have been concerned, or in which any person may of the public peace, ij^ve been IdUed or wounded, and the public peace may have been disturbed : but it shall not Drimkcu broUs and be necessary to include in this column, cases of assault and battery, or drunken broils, in which assaidt not to be iu- p,^j^. j^ fg^ individuals may have disputed, and no very serious personal injury may hav*; been sustained. AU cases of enter- Seventh. Under the 13th and 14th heads of the statement, all cases shall be entered mg or breaking into, .^ ^viuch any person may enter, or attempt to enter by day or night, by breaking any dwelling- Tncans, houses, boats, house, ware-house, store-house, or other buUiling or place used for the custody and preserva- how"to be'cS'sed."^" ' ^^0^ of property, whether^ the same be constructed of stone, brick, mud, bamboo, grass, or other materials, or into a tent, boat, or other place of habitation, whether such entry be efTected by cutting tlvrough or mider the wall, or ,Vy forcibly raising the roof of the house, or by any other means attended with breaking, and whether in pursuance of the intent ta commit such robbery, any property shall be carried away or otherwise. Receiving stolen Eighth. Under the 17th bead, all cases shall be entered of receiving, vending, or concealing, ^IZ2 ^°^ *° ^ or melting down stolen property. Arson ditto. J^inth. The 18th head of the statement shall include only those cases of arson, in which to behieluded. ' "° any habitation or other property may appear to have been piu-posely and mahciously tired, and the DaroLcah shall not include accidental fires under this head. Suicide how to be Tenth. Under the concluding or 20th head of the statement, the Darc^ah shall insert all entered. ^^^^ j^^ which the person destroyed may appear to have been the immediate ;md voluntary cause of his own death. 4jl heinous of- Eleventh. The Darogahs shall report in the statement above prescribed, all heinous offences fences to be reported, ^^i^jgi^ j^^av oome to their knowledge, whether the ofTenders may be apprehended or otherwise, though the oHeuders • ... ., ,, • i , t^ ^^ ^ ■ ' \ ■ ^ ,\ ,■■,.. be not discovered. and shall distmgiush, m the third column, all attempts m wluch the ctmunal mtent may Unsuccessful at- , failed • inserting in the 2nd column, only those cases in which the crime may have been tempts to commit ""'^ '""^ > o ' < i oH'enccs how to be actually perpetrated. distmguislietl. See aha Circular Order of the Superintendent of Police. Loicer Provinces. Xo. IS of the 24f/« JaZy, 1843. SUPERINTENDENT OF POLICE, LOAVER PROVINCES. 61 No. LXX. TO ALL MAGISTRATES. No. ,6.— Dated Allipore, 4th March, 1840. . ^0-6. of 1840. XHE Zemindars in very many instances evincing the greatest neglect of Zemindars being the duties imposed oi them by law with regard to the information of f^^s * rescribin^ offences and the apprehension of offenders, I have the honor to request that theii- Police duties, you will acquaint me how far the provisions of Section 33, Jlegulation XX. fof fuppiyino- them of 1817, are enforced withiu your district, and whether it would not be with copies of those ,.',, , •,-,T.i- 1 -11 r 1'"^'* i" the verna- advisable to have copies or that Kegulation, together with those parts or eulao-s. Regulation IX. of 1808, VI. of 1810, 1, of 1811, III. of 1812, VIII. of 1814, and others in force which affect the landholders, printed in the vernacular language anddistributed throughout the district. Ee^n. XX. of 1S17, Sec. XXXIII. CI 1 to 3. Rules relating generally I'o Landholders, Managers of Estates, Sic. ' Regn. XX. of 18 1 7. First. The police DarogAs shall take every favourable opportunity, when employed on Darogaha to incul- local enquiries, as well as on other occasions, of explaining to the zemindars, talookdars and tlieir duties, in giving other proprietors of land, malgoozaree or lakhiraj ; to the sudder farmers and tmder-renters of "pp™,endiii2 oafend- land, dependent talookdars, naibs, and other local agents, and to' all native officers employed ers and preventing in the collection of the revenues and rents of land, on the part of Government or the court of wards, the duties incumbent upon them, and the responsibility attached to them, under the provisions of Regulations 9, 180S ; 6, 1810 ; 1, 1811 ; 3, 1812 ; 8, 1814, and any other regulations in force, to communicate to the Magistrates and police Darogahs, either publicly or secretly, aU information which they may obtain, respectmg the commission of murder, robber}', house-breakmg, arson or theft, within the limits of the estate or farm held or managed by them respectively ; or respecting the resort of any known robbers, of whatever description, or the residence of any notorious receiver or vender of stolen property, within such limits, as well as to affords their assistance in the apprehension of proclaimed oifenders, and of all persons, for whose apprehension warrants may have been issued by the local Magistrate, in pursuance of Section 9, Eegulation 3, 1812 ; and generally to co-operate with, assist and support the police officers of Government in maintaining the peace, preventing, as far as possible, affrays and other criminal acts of violence, or apprehending the offenders under tlie rules and restrict-ons S-hich have been enacted and promulgated m the regulations. Second. To enable the police Darogahs the more effectually and satisfactorily to perform Witli tliis view Ma- the service thus requirei from them, the Magistrates shall be careful to fiu-nish them with lui WfiinUsh "l^- copies of, or extracts from, all regulations in force on the points above adverted to, or any S^^'^f ^'■'•J' extracts or ... . PI copies of certain regu- other mmiediately connected with the aid to be given by landholders, farmers, under-tenants lations. and managei^f land, in support of an efficient police. K 62 CinCUI.AIl ORDKRS No. 6 of 1840. Third. Copies of tlii.s rop;ulatioii sliallbo furnished to all zemindars, or other landholders ^ Y ' 0'' "i:"iagera of estates entru.sted witli tlio management of tlie poliee ; and sueh zemindars, or ci\ wTli"tliL"cliiireo' i' ^^'**''' hindliolders, or managers shall observe the rules therein prescrilied, for the conduct tho police, to be fur- of the ])olice Darogahs, as far as the same may be applicable to their duties, as chief polieo iiishud witli copies of, .j. and to obey tliia rcgu- "'"Cers. , latiou. No. LXXI. TO ALL MAGISTRATES. No. 7 of 1840 ^°- '^^ — I^^ted Allipore, 11 th March, 1840. Police officers X HAVE the honor to call your attention to a practice highly injurious to of lands Vroni^The *^^ efficiency of the police force, which has been brovight to niy notice, and zemindars. which must be immediately checked. 2. It is found that the different grades of police officers have been in the habit of taking leases of land from the zemindars of the district on advantageous terms, of course with the understanding that their official influence was to be used in favor of the landlord giving them the land ; and they thus virtually received bribes from the zemindars and others who had lands within their police jurisdiction, and of course, the proper and legiti- mate influence of the Magistrate over his police officers has been met and counteracted by this corrupt understanding with the land-owners. 3. I request that you will cause sti-ict enquii-ies to be made regarding the existence of such a practice in your district and remove from his situa- tion any police officer, who may have been engaged in such transactions, to another thannah ; and in future, you will consider any act of this kind as tantamount to an act of corruption, and remove the person guilty of it alto- gether from the police force. Native officers, ju- Para. 2nd. In future on the appointment of any native officer on your establishment, dieial, ministerial or . , ,.i, i • i. 3 i_ e ■ t ■ ^ ' ■ ■ • ^ police, to be ri'quired whether the Situation to which he may be nominated be 01 a judicial or mimsterial nature. to file Rchedules of ^^ connected with the Police Department, you will require from him a schedule* of any their landed property . , and future aequisi- landed property of which he may at the time be possessed, and at the sau;e time explain to iii1"»«l°from office * '^ ^^'™ *^^* should he gubsequently make fiuther acquisitions of the same description, it will be * Required from all incumbent on him to eommunieate the circumstance to you within on6 month from the date of native ollicers ou the acquisition ; should he fail to do so, or should it appear that he wUfully omitted in liis schedule Ist January 01 every •' year. C. O. S. D. A. any landed property belonging to him at the time of filing it, he wUl be liable to dismissal ^t"; ^^-.f '** ^^" homo'&ce.— Circular Order, mzamutAdawlut, No. \G^, dated 21 thFeh-uarM.'S.m. July, 1811. ' ' ■'• SUPERINTENDENT OF POLICE, LOWER PROVINCES. 63 The schedule mentioned in the Circular quoted above " need not be required from any j^^ n ^^ i §40 native officer who receives a salary of less than twenty rupees per mensem." — Circular Order, ^ ^ ) Mzamut Admclut, No. 166, dated ith Septemier, 1835. ^"^ schedule not reqim-ed from ofEcers receiving less than 20 Paj-a. 1. The schedule shall include not only land, the proprietary right of which may be riii'"^'','?'^j^^™l . vested in the pubhc officer to whom it may relate, but any land or other real property, elude all land, under whatever may, be the nature of the tenure bywhich he may hold it, the description of tenm'e g^g C O S I) A beinff also recorded iii the schedule. * ^t"^- 27 and 28 of 1811 2. The schedule will be registered in the office to which the individual aivins: it mav . " . . . '^ s • In what offices the be subordinate ; and copies vill be sent to the collectors in whose districts the property speci- schedules are to be fied may be situated.— C/rciJar Order, Mzamut Adawlut, No. 170, dated 3rd Jitlj/, 1835. registered. Para. 75. We have repeatedly informed you, that we cannot sanction any departure from Police officers can- the established rule, that no officer in our service can be permitted to hold lands in any district "nni di t ■"? ^""^ "^ in which he exercises civil authority. — Despatch of the Horihle the Court of Directors, No. 1, dated the loth January, 1845. Circular Order, Sadder Nizamut Adawlut, No. 202 of 1845. Para. 53. We" direct the' invariable observance of the rule of the service, that no officer Forcoin" nJe t holding civil authority in a district shall, directly or indirectly, be a holder of laud, or be ^'^ observed. concerned in any description of speculation therein.* — Despatch of the Son^hle the Court of Directors, No. 2 of the 2Srd Felniary, 1842. Para. 2. The rule prescribed in the^ despatch cited, has not been hitherto enforced Li the JuiUcial officers pro- Judicial Department, and it might be deemed a measm'e of imnecessarv severity to eive it J"'"*^'! from holding generally retrospective effiect, without enqmrmg as to the cu-cumstances, character, and conduct districts. Present in- of the parties, who might be affi;cted thereby. With regard therefore to present incumbents '^'™''™t5 excepted r ' !^ . . under certain eir- in judicial office, who are already in possession of landed property, whether patrimonial, cumstauees, and rule purchased, or otherwise acquired, it is not tlie desu'e or intention of the Com't to exercise any tliose who haT^l" d 1 interference, except where the extent of tjie property may be so considerable as to give the property, or are en- possessor a preponderating local influence, and induce him, for the protection of his own best in the dLtrict °to interests, to engage m tmdertakings, and become a party to speculations and transanctions '"^'^^ 'W are nomi- which may divert his attention from his official duties, and at the same time, incapacitate him for their impartial and unbiassed fulfilment. In such cases, where the inconvenience and injiuy may be patent to common observation, it wiU be the duty of the civil judges to report the circumstances for the information of the Coiu-t, and for eventual submission for the orders of Government, in regard to those functionaries, who are not subject to removal from office without the sanction of Government. 3. Further, as regards present incimibents, the Covu-t are pleased, with the sanction of Government, to direct that the spirit of the rule prescribed by the Hon'ble the Court of Directors shall be observed, and that the future acquisition by those parties, of landed property, by purchase, or other means, such as farm, gift or mortgage, and speculations of every descrip- tion therein, vinthia the limits of the district to which such parties, whether Principal Sadder Ameetis, Sudder Ameens, or Moonsijfs, may belong, shall be considered int^-dicted. It will be incumbent on the civU jMdges to bring to the notice of the court any contravention of this * restrictive rule, which may come to their knowledge. 4. In future, as a general nde, individuals possessing landed property, whether patrimonial, purchased, or Sther ; or being engaged in speculations therein, will be considered ineligible for * ^ — ' 64 CIRCULAR ORDERS No. 7, of 1S40. appointment to judicial office, within the limits of the district in which the said pror»erty may be situated; but the civil judges need not be thereby deterred from nominatinjj such persons, whenever the extent of land may be so small as, in their estimation, to render the circumstance no objection to their employment in the district to which it appertains, a dis- cretionary power to this extent having been reserved to the Sudder Dewanny Adawjut in such cases. 5. It will not be difficult to check any contravention of the rules herein' before prescribed' C. O. S. D. A. No. i35 dated 27.1. February, 1835. ^^ ehforcing obedience to the instructions con- 0. O. S. D. A. No. 141 dated 4th September, 1835. tained '\n the Circular Orders enumerated in C. O. S. D. A. No. 148dat«d3rd July, 1835. ,, n- t /-, j o jj t^ ■' the margm. — Utrcuiar Order, iiiMaer Uncanny Adawlut, No. 93 of the 5th Septemler, 1845. No. LXXII. TO ALL MAGISTRATES. No. 8, of 1840. No. 8. — Dated 12th March, 1840. Police officers V^ASES having been brought to my notice in which police officers have mere neglect of been punished by Magistrates with fine and imprisonment under the powers .duty. vested in them by Section J 9, Regulation IX. of 1807, without any "dis- tinct misdemeanour beyond neglect of duty" having been established against them, I have the honor to direct, that you will avoid any such practice, and beg particularly to refer you to the letter* of the Nizamut Adawlut * See C. 0. No. dated March the 15th, 1816, to the addfess of the Superintendent of Police, LXXX. Western Provinces, included in No. 244 of the 1st volume of the Book of Constructions, page 82. Eogn. IX. of 1807. Regulation IX. of 1S07, Section XIX, Powers vested in XIX. In addition to the powers vested in the zillah and city Masnstrates, bv Sections 8 the Magistrates for ^ n r\ i • t^ .< o impi-isoumeut, corpo- ^'^ y> Regulation IX. of 1793, (extended to Benares by Section U, Regulation XVI. 1795,) ral puriislm.ent and ^nd bv Sections 8 and 9, Regulation YI. 1803, thev arc herebv further empowered, in aU imposition of lines. ^ • • t —> cases of conviction before them, of any criminal offence punishable under the Mahomedan law and the regulations, for which the penalties authorized by the sections above quoted may appear insufficient, or to which the rules referred to may not be expressly applicable, and for which a more severe pvmishment than six months' imprisonment, with'thirty rattans, or a fine of two hundred rupees, may not have been specifically prescribed, (in which case the prisoner, if there appear grounds for it, must be brought to trial before the Court of Circuit,) to pass 1 814* f I r ■ sentence of imprisonment not exceeding six months, with corporal punishment not exceeding corporal punishment thirty rattans in cases of theft, or in other cases with a fine not exceeding two hundred rupees, commutable, if not paid, to a further period of imprisonment, no^ exceeding six SUPERINTENDENT OF POLICE, LOWER PROVINCES. 65 montlis, in pursuance of Section 3, Eegulation XIV. 1797, and Section 31, Eegulatiou VI. -^ g „f i q'o. 3 , , . , • /• L ^ c ai 1 i' J of the 20th March, able men, is the extreme uncertainty or the tenure ot otface and the degra- 13^5. dation to which the officers have been in too many instances subjected by dismissal, heavy pecuniary fines and imprisonment in cases, which really did not call for such severe measures. The first step to restore to the police some degree of self respect is to abstain from all punishments which degrade the feelings of those punished, without producing any good effect on +,heir fellow-officers. Dismissal has been so common, that the Magistrates have almost ceased to consider it as forming any kind of disqualification for future employment. It has lost its effect as a punishment or example, and, beyond a temporary degradation, injurious to the morals of those dismissed, is not held in terror by those holdyig offices in the police. 4. I wish therefore that each Magistrate should himself keep a Register Register to be . . . . kept of minor pun- according to the annexed form, inserting therein the minor punishments ishments imposed he may have occasion to impose on his police officers. These should be °^ v^^'^'^^ officers. reprimands, fines under Clause 5, Section 5, Regulation VIII. of 1809, and temporary deprivation of office not exceeding six months. If it appears that a repetition of these minor punishments is insufficient to produce activity, regularity, or a projier attention to their duties on the part of any - 1 + v, officers, dismissal must then take place and the papers of the case in which resorted to, when this last punishment is ordered, must invariably be sent to this office toge- ™g"-^'j!fl""(;u!j'^'^ " ther with an extract from the Register, shewing to what punishments and for what offenoes the dismissed officer has been previously subjected. . Uliere punish- 5. I must remark, that in all cases where punishments are imposed on a ments are imposed, police officer, the reasons for them and the mode of conduct he should in t|ie reasons to be ^ _ ... stated to the po- similar cases adopt in future, ought to be pointed out to him in plain but lice officer. T 70 CIRCULAU OltDr.RS X. 10, oflfilO. courteous terms. Of course cases will occur where immediate dismissal without any intermediate punishment must follow the offence. -- Y- lleas.ms to be p g si,ould vou wish to employ any one of the officers named in the tjivfn whi'u select- •' i j j iii}^ (lisinissed offi- list now forwarded to you, it will be necessary for you to state the reasons ment ""^ '^"'l'"}- ^iijdi lead you to select him in preference to others upon whose character there is no slur. It will frequently occur that an officer may he advantage- ously re-employed, but this should never be done without substantial reason being given for it. 'Register of Police officers punished. Rank in Offence of which Descrip'.ion of jiun- General character Name of officer. the guilty and date of ishment and date of dui-ing his period of Police. commission. infliction. service. Shah Mahomed, Jemadar, Neglect in inquiring Fine of .5 rupees. 2.jth Was not active and into a case of bur- January, 1840. appeared wanting glary, 15th Janu- in judgment and ary, 1840. sound sense. Absent without leave. Forfeitiu-e of half a 7th June, 1840. month's pay, 10th June, 1840." Sending in defendants Reprimanded, and fu- without any good ture conduct point- cause, 14th July, ed out to him. 20th 1840. July, 1840. Ill wl\at instances Magistrates aro au- thorized to order im- mediate suspension of, or to impose a fine on a police otKeer, and all ollieers liable to removal, when there may be reason to believe tlicm incapa- ble or neglectful of their duties, or in any respect unworthy of contidcncc. Begulation VIII. of 1S09, Section V. Clause V. Fifth. — 111 cases of gross misconduct, neglect, or incapacity, such as to require the imme- diate suspension of a police officer, the Magistrate is authorized to order the same, reporting it, with the other information ivquired from him, to the Court of Circiut. He may also, in addition to the general powers vested in him by the Regulations for the punishment of any specific crime or misdemeanor, fine any officer of police under his authority for neglect of duty in a sum equal to one month's salary ; and cause the same to be le\-ied by a stoppage of the fixed allowance payable to such officer. And it is hereby declased, that police officers, of every denomination, as well as all other native officers in the service of Government, will be liable to removal from the public trusts committed to them, without proof of any specific act of criminality, when there may be sufficient reason to believe them incapable, or neglectf\il of their prescribed duties, or in any respect unworthy of public contideiKe. Extract of a letter from the Acting Superintendent of Police, U'cstern Province», under date the 18th January, 181G. 4. As repeated instances have of late occiured of the inferior officers of police deserting theix posts in time of need, it appeal's extremely desirable that the specific SUPERINTENDENT OF POLICE, LOWER PROVINCES. 71 penalties prescribed for tliis offence, whether proceeding from neglect or cowardice, jfo. IC of 18iO. shonld be fully defined, that tlie conditions attaching to the service may be clearly '^ y ' explained and understood. I request therefore to be favored, for my iiiformation and guidance, with the construction of the Com-t, (foimdcd, not upon the merits of this in- dividual case, but upon the question generally,) whether, with reference to the opinion given by the law officer of the Bareilly Com"t of Circuit, as submitted with my letter of the 5th June'last, desertion, wilful neglect or disobedience on the part of a burken- daiiz or sower entertauied at the expense of Government for the purposes of police, is, or is not pxuiishable by the jMagistrates under the pro^^sion of Section 19, Regulation IX. 1807; and if not, I request to be favoured with the opinion of the Court regarding the extent of punishment to which an inferior police officer is liable under the regula- tions, on conviction of the speejes of misconduct above particularizfed. To tlid Acting Superintendent of Police, Western Provinces, in reply to the above, • dsted the loth March, 1816. The Court of Nizamut Adawlut have again had before them, your letter of the 18th January last, and with reference to the ith paragraph, desire me to communicate to you the following observations upon the questions therein contained. By the fifth clause of Section 5, Regulation VIII. 1809, a specific provision is made for the punishment of neglect of duty by officers of police. The Court are of opinion therefore, that in eases of this description, the Magistrate is restricted to the limita- tion of punishment therein defined ; but that if any distinct misdemeanor beyond neglect of duty should be established, the case would, of course, fall witliiu the jNIagis- • trate's discretion, under the general powers vested in him, by Section* 19, Regulation * S"-'*" P^gf^ ^• IX. 1807. Construction, No. 2-14 of the loth March, 1816. I No. LXXXI. TO ALL MAGISTRATES, AND JOINT MAGISTRATES. No. 1 7.— Dated 1 1 th August, 1 840. ^^_ 17 of 1810. AM directed by the Right Hon'ble the Governor of Bengal to instruct Apiilication ta vou, immediately to credit Government with tlie amount of the thannah ^^ ■",'}'l'-\.*° '^"V*- .: ' J .01 1 ohce lor repau-s funds now in deposit "with you, and to direct, that when any repairs are re- of thannalis, all quired in future to l)e made to your thannahs, you will apply to this office \^^f^^^ purpoJ^'to to sanction the expense, which will be charged in your contingent bill under cease. the guarantee of my signature. 2. Under ijaesjd orders you will of course cease to draw any regular allowance for the repair of your thannahs. s« No. xxxix. See C. O. Supdt. of Pol., L. P. No. G of Uih March, 1811, and No. 13 of 30//* August, 1812, para. 3. 72 CIRCULAR ORDERS No. LXXXII. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 18, of 1840. No. 18.— Dated 25th August, 1840. Persons past the J[ HAVE to call your attention to the inadvisability of admitting into the be admitted into police force, person.s who may be past the prime of life. Such admissions the pohce. should only be made where some peculiar advantage is to be found from the employment of the individual nominated. No. LXXXIII. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 19, of ISm No. 19— Dated 31st August, 1840. Relationship of -1- HAVE the honor to request that you will furnish mc, within ten days police officers to from the receipt of this letter, with a list shewing the names of the police offi- amlah and others ... ,. . , , , , • i i i to be reported. cers employed in your district, who are related to, or connected with the siid- der amlah, and the degree of relationship or connection in which they stand to each other. 2. I also request that in future, when sending up the nomination of a police officer for approval, you will state whether he is related to, or connected in any way with the amlah of your court or of the sessions judge. No. 20, of 1840. No. LXXXIV. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 20. — Dated Patna, 9th September, 1840-. ,, I HAVE the honor to call your attention to paras. 1051 to 1069 inclusive Information call- ed for regartling (annexed) of my predecessor's general police report for the second six the system of un- ^oj^tjjg ^f 1838, regarding the present system of impounding strav cattle poundmg stray cat- _ ' o o i . i o . tie. and levying fines from their owners, and proposing a plan for future adop- tion in such cases, and to request that you will favour me with your dis- tinct opinion as to the extent of the evil therein noticed, and of the kind of remedy required. SUPERINTENDENT OF POLICE, LOWER PROVINCES, 73 2nd. You will also endeavour to ascertain the ideas of the planters, No. 20, of 1S40. zemindars, and generally of the agricultural comnumity upon this subject, ^ v ' and notice these in your reply to this communication, which I shall expect to receive by the end of December next. Extract from the Police Report of the Lower Provinces, for the 2nd six months of \%Z^. Para. 1031. In all agricultru-fil coimtries it lias been found necessaiy by the Eiues on stray cattle. cultivators of the soil to protect their crops from tbe trespass of cattle. In England, wliicli is generally an enclosed country, a conimou pound is attaclied to every lordship or villagCj or ought to be so by law, tbe oversigjit whereof is to be by the constable or steward of the leet. The process of distress is entrusted to the tenant m possession of the field, or the owner of the crop in which the trespassing cattle is found damage i^iisant. It is described as the taking of a personal chattel out of the possession of the wrong doer, in the custody of the person who is injiu'ed, to procure a satisfaction foi; 'the wrong committed. The process is of two kinds, for cattle for trespassing and doing damage, or for non-payment of rent. In India where British legislation is still in its infancy, laws sufficiently strmgent have been enacted to enable the landliolders and others to recover by distress the rents due to them, the revehue of Government depending, in a measure, on the efficiency of the law of distraint ; but hitherto no law has been enacted to protect the agricultural interests froili the damage to which they are i^^ndered hable by the trespass of cattle into cultivated fields , generally unprotected by fences. 1052. The people, however, were not disposed to remain quiescent observers of the devastations committed on their crops by stray cattle ; numberless aSrays which have disgraced our police statement from the commencement of our Government, may be traced to this feeling ; they took the remedy into their own hands by driving away and impomiding the trespassing cattle, and le\-Adng fines on the owners whenever they pos- sessed the power, and in so doing they merely assumed the iuliereut right which all possess to protect themselves and property when the Government of the comitry cannot or will not do it for them ; when they met with resistance, the distraint was converted into a bloody aff"ray, and the Magistrates soon fouud it necessary, in order to keep the peace, to interfere, hence the universal adoption of a plan in every tlistrict in Bengal, Behar and Orissa, whereby the Darogahs of thanuahs have been authorized to levy fines on the owners of trespassing cattle, on proof of damage having been done by them. 1053. The sj'stem which has obtained is as follows : WTienever a persgn finds stray cattle grazing in his fields, he drives them to the thannah. On tlieir arrival, the Darogah takes evidence as to the amount and value of the damage, and if pr.oved, he le\des a fine, and the cattle are not restored to their owner until the fine be paid. The fines wHch are levied, after deducting the expenccs of the pounding, are sent to the Magistrate and carried to the account of Government. u 74 CIRCULAR ORDERS No. 20, of ISIO. It will be observed tbat the system is entirely penal, and the persons who liave suffered ' Y damage, ean only obtain compensation for the injury which their crops have suffered, by a long, tiresome, and expensive regular suit in the zillah Dewanny Adawlut. » ^ _ , , , „ 105 k The amount of fines in different dis- • Bunaloc and liorse 8 annas. Calves and colts 4 ditto. tricts difl'cr ; the average rate is noted in the Sheep and goata 2 ditto. margm * 1055. The cheeks to prevent extortion on the part of the Darogahs are pronounc- ed to be generally inefficient by the local authorities. The usual system when a fine has been imposed, is for the Darogahs to send a report of the case to the Magis- trate, and at the end of the month, an account current which is checked by au examination of the registers kept by the Sherishtadar, the Nazir and the Treasurer, compiled from the Darogahs reports, but all the ^lagirtratcs unite in con.sidering the checks on the mofussil authorities to be imperfect, if not nugatory. Mr. Battye, the Joint Magistrate at Monghyr states, that no cheeks -^xist to restrain the Darogahs, " the system is only sanctioned by the common consent of the people," and he avows himself " to he quite at a loss to propose a remedy to prevent extortion." Mr. Plowden the Acting ^Magistrate of Sylhet, writes, that " checks upon extortion depend upon the people preferring complaints when they have cause — they must be imperfect at the best If a Darogah is dishonest enough to pocket the fines and make no report, I am not aware in ivhat manner he can be controlled." 10j6. I therefore am of opinion, that the cheeks which have been de%'ised to re- sti'ain the cupidity of the Darogahs of the police are inefficient ; but that the checks at the S udder Stations on the Magistrates Omlah are equal to the advantages expected from them. 1057. I am afraid we cannot expect much assistance from the people to prevent the embezzlement of the fines. Their object is obtained when the person whose cattle damaged their corn has been fined, and they care not -what becomes of the amount levied, as they receive no share of it. In proof of this, it is stated by Mr. Metcalfe the Acting jMagistrate of Backergunge, that no Darogah has ever been conWcted of extortion or embezzlement in this particular part of his duty. 1058. Opinions difler as to the advantages of the system at present in force. All the authorities appear to consider some protection from carelessness or enmity of cattle owners, to be due to the agricultural interests ; common sense indeed shews the necessity of it, and experience has proved, that whether laws are enacted or not, the people will have protection, legally if possible, but if not legally, bv other means. 1059. There can be no doubt of the illegality of the present system, the illegality of which I must observe, consists, not in the driving and pounding of the cattle foimd damage faisant in the fields, but in the tribunal by which the fines arc imposed. 1060. By clause 1, Section 12, Regulation XX. of 1817, the Darogahs are prohibit- ed, under pain of dismission from office, from taking cognizance of slight trespasses ; and by clause 3 of the said Section and Regulation, the Darogahs are prohibited from passing sentence upon any complaint or from imposing any fine. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 75 1061. It will thus be found tliat tlie Magistrates have for a series of years called No. 20, of 1840. upon the Darogahs to perform acts, which by law they could not perform, except under '^ y ' penalty of dismission from office. 1062. The orders of the Government and of the Nizamut Adawlut on this subject are conflicting. 1063. The Governor of Bengal on receiving a full exposition of the system in force, See Mr. Secretary ,,> .. cTiiif 1 1 oi,.', 1.-, Mangle's letter No, instructed the Commissioner or liauleah to carry the produce of the fund to the Go- 555 of loth May, vernment aceount, and Mr. Secretary Mangles added, "but he (the Governor of if ch-cuit'tt Ba°deah' Bengal) is of opinion, that the remainder and any further sums accruing on the same accomit, shoidd be carried to the public credit uutil the subject shall have received the final consideration of Government." It is erideut that the Regulation prohibiting tliis practice was not taken into consideration, or the Hon'ble the Governor would never have thus sanctioned the coUection of an illegal cess, by an unlawful tribunal, till the final decision of .Goverjiment should be passed on a point already adjudicated and requiring no decision. 1064. The Nizamut A^lawlut proliibited the system in force, in one zillah, by an order issued to ihe Sessions Judge of Tirhoot under date the 21st September, 1838, No. 2791 ; but took no notice of the general adoption of the system in all the rest of the districts. 1065. As it is impossible to prevent the agricultural cla-sses from pounding cattle found straying and damaging their- crops, it will be necessary to concoct a plan, whereby they can be protected from damage, and the other classes from extortion and undue distraint of their cattle. 1 066. The plan which appears to me to be the most feasible is as follows : 1st. The proprietors and others in possession of land to be authorized to seize all stray cattle found on their lands grazing, or doing any other kind of damage, and to di-ive them to the nearest poimd. 2nd. Every Darogah of a thannah, every Ameen nominated under Act I. of 1839, or by the Judge of a district to distrain property, and every pergunnah Cazee to keep a pound for the reception of stray cattle brought to the pound, who in addition to being repaid the expenses of feeding, &c. the cattle, shall receive half the fines to be le^-ied on the owners of the said cattle. 3rd. They shall not release any cattle without orders fr'om the Dewanny Adawlut, or ]Moonsifis, under a heavy penalty. 4th. A table of the fines authorized to be levied, to be prepared for their guidance. 1067. Summary suits on plain paper to be brought against the owners, if known, of impounded cattle by the impounders before the iloonsiffs, who after due enquiry shall adjudge the payment of half of the specified fines to the pound-keepers, and the other half to Government, and shall award damages for the injury "committed by the impounded cattle to the injured party. Where no owner is to be found, the cattle as hitherto, to be sent to the Magistrate of the district to be disposed of in the usual manner. 76 CIRCULAR ORDERS No. 20 of 1810. 10G8. It will not be expected in tlii.s jilace, that all the precautions necessary to *■ y ^ make the plan available, should be set forth. It is enough if the explanation Ijc found sufficiently explicit to enable the legislature to prepare an Act for the purpose. 10G9. The accounts of the fines deposited in the mofussil treasuries have been J, . .^ j,^ ogy ^ g very imperfectly kept up. They liave in some dis- Expenditure 35,566 10 tricts been mixed up with other items of coUec- Bulance, 48,720 119 '^ tions. I have annexed in the margin the receipts, expenditure, and l)alauce, for the 32 districts from the commencement o." 1836 to the end of 1838. An abstract account current of fines levied on stray cattle will be found in the appendix marked L. No. LXXXV. TO ALL ^LVGISTRATES AXD JOINT MAGISTRATES. No. 21, of 1840. No. 21. — Dated 12th September, 1840. KecaUing Cireu- J[ HAVE the honor to acquaint you that after a reference to the Court of lar Order No. 11 ^ . . ^. of 1839. Nizamut Adawlut, I have considered it necessary to recall the Circular * No. LViii. Order issued by my predecessor, No. II of 1839,* as contrary to the provi- sions of Clause 10, Section 16 of, and Form No. 3 of the Appendix to, Regulation XX. of 1817. 2. You will be pleased therefore in future to cease acting under those instructions. No. LXXXVI. TO ALL MAGISTRATES AXD JOINT MAGISTRATES. No. 22. — Dated 22nd September, 1840. No. 22, of 1840. ^ Sin^le-poledtonts J- HAVE the honor to acquaint you that the Right Hon'ble the Governor will be allowed to of Bengal will, as occasion may he shewn, have no objection to sanction the Masts, while on ,- • , , i " <: /~i . t« r,-^ ■ <• ■ dutv ill the interior purchase 01 SHigle-poled tents at an expense or Co. s Ks. 3o0 each, for the of distncts. ^jgg ^f ^jjg Magistrate's office when in the interior of their districts. Resolution dated Sth September, 1840, No. 766. The Right Hoh'ble the Governor of Bengal observes that a sum of Company's Rupees 650 was allowed every eight yeai-s on account piu-chase of a double-poled tent for the use of each district Magistrate and Collector, when those offices used co be SUPERINTEXDENT OF POLICE, LOWER PROVIXCES. 77 vested in the same individual, but that, on the separation of the offices, the tents Xo. 22 of ISiO remained in most instances attached to the office of the Collector. '^ v It appears to His Lordship necessary, however, that both ^lagistrates and Collectors should be provided vrith office accommodation, while on duty in the interior of their districts, and with this impression, the Governor vrill, as occasion may be shewn have no objection to sanction the purchase of single-poled tents, at an expense of Company's Rs. 350 each, for the use of Magistrates, and also, when new ones may be reqiiired, for the use of Collectors. See Circular Orders, Sudder Board of Revenue, No. 51 of fhe ith December, 1829, and A^o.- 549 of the 2lst October, 1810 j and Superintendent of Police, Lower Pro- vinces, No. 5 of \2th February, J8-16. . No. LXXXVII. TO ALL MAGISTRATES AXD JOINT MAGISTRATES. No. 23. — Dated Rajshahye, 3rd November, 1840. Xo. 2.3, of 1810. X AM directed by the Right Hon'ble the Governor of Bengal to request, Representations that 'vou will not in future forward to me any communications from the froni uncovenanted ■' , _ ^ _ _ » olheers relating to uncovenanted officers subordinate to you being representations relating to their ser\-ices to be , . . • forwarded direct t« their services. Govt. 2. The public post, His Lordship observes, is tlie most natural and proper medium through which, parties desirous of bringing their claims prominently to notice, should carry their wishes into effect. See also Circular Orders, Nizarnut Adawlut, No. 68, and Dewanny Adawlut, No. 114., both dated 30th October, 184a I No. LXXXVIII. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 24. — Dated Rajshahye, 23rd November, 1840. No. 24, of 1840. HAVE the honor to acquaint you, that when property may be stolen Eesponsibihty from the malkhanah of a Magistrate's office, the Government cannot be "tokn from a Ma! held responsible under Regulation III. of 1827, to make good the loss to gistrate's malkha- the owners ; but in cases where neglect or want of care fo^ the prevention of such loss, or tht; due preservation of the property from such accidents may be proved, tlie officers in whose custody the goods lost or stolen have been placed, will be called upon to inalie good the value of them. X 78 CIRCULAR ORDERS No. LXXXIX. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 25, of 18iO. No. 25. — Dated Rajshahye, 23rd November, 1840. Measures against J^ HAVE the honor lo request that you will acc|uaint the Sessions Judge Buddiieks and i i- i i • i i other dacoits to be to whom you are subordinate, that general measures are being taken by me comnmnieatod to jjj communication with Major Sleeman, for the appiehension of parties of cessions Judges. Budducks, whom his operations in the N. W. Provinces may drive down here, and for the seizure of bodies of their kindred tribes in Bengal called Kechuks or Cheechucks, Huggooreas, and Subhoykyas, so as to prevent the organization of bands of professional dacoits in these provinces, an event whi<:h is extremely likely to be the result of the strong measures put in force by Major Sleeman against the tribes of the Churabul and the Ruptee, if precautions are not taken to hinder parties of the up-country bands from effecting a junction with the Bengal tribes. 2. The object of this communication to the Sessions Judges, which is made under a recommendation from the Court of Nizamut Adawlut, is to prevent too summary or hasty a release by them of parties, who may be apprehended and directed by you to return to their own country as falling under suspicion of belonging to these bands. No. XC. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 1, of 1841. No. 1.— Dated, " on the river," the 9th January, 1841. XlEQUIRING the early submission of the Police statements. (Abstract). No. XCI. TO ALL MAGISTRATES AND JOINT >L\GTSTRATES. No. 2, of 1S41. No. 2". — Dated Allipore, II th February, 1841. Letters address- X ACKETS of letters frequently reaching me at a time when I am employed ed to Supt. of Pol. , . , . , , . , . . , , . , '. to be superscribed °" business which prevents my immediate attention to them, and it being SUPERINTENDENT OF POLICE, LOWER PROVINCES. 79 likely that there may occur cases in which the least delay in issuing instruc- No. 2, of 1811. tions will be of consequence, I recjuest that whenever you wish my atten- '^ v ^. . I . ,. , , , . . ^ , "immediate" c tion to be iinmecliateltj drawn to a communication from you, you endorse " urgent" whe the word '■'immediate'' or " urgenr on the cover, over the direction. necessary. ]Vo. XCII. TO ALL MAGTSTRATES AND JOINT MAGISTRATES. No. 3. — Dated Allipore, the 26th February, 1841. Xo. 3, of 1841. l^IRCULATING "a further list of Police officers who are not to be re- employed in that capacity, without regard to the circumstances which led to their dismission." (Abstract). No. XCIII. . TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 4.— Dated Allipore, 20th March, 1 84 1 . ^ ^'o- ^, of 1841. X HAVE the honor to acquaint \'ou that local officers before appropriating, Before approprf- , , atmg surplus chow- with the concurrence of the most respectable of the inhabitants, the surplus ke3-dai-ee Funds, Chowkeedaree funds for improvements on any considerable scale, are re- ?' f'^^ ° '^^ ' ° quired to lay the proposed plan of appropriation before Government for sanction. No. XCIV. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 5'. — Dated Allipore, 20th March, 1841. No. 5, of 1841. XN cases where malicious injuries to public property, such as the removal ousl"rn''iu-im'^ub- of mile-stones, stealth of flag-stones from surface drains, destruction of lie property to be bridges, the cutting through of roads or embankments are brought to your notice, I I'equest that you will take all the means in your power to trace out and punish the, offenders ; and I beg also that you will notify through- out your district, that such acts will be certainly enquired into in all cases and punished. 80 CIRCULAE ORDERS No. XCV. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 6, of 18il. No. 6. — Dated Allipore, 12th March, 1841. DiMluetion from \\ ITII reference to my Circular Order of the 1 1th August 1840, No. 17,* tlumimh establish- J Jiave the honor to request, that you will acquaint me within seven days moiit bills ol sums '■ •' r i i • e expended for ic- what plan you have adopted to deduct from the hills of your thannah r"lV '^L *'"*"" establishments the sums before appropriated for the 'repairs of the thannah buildings, as I observe in the Civil Auditor's Book, that the items "sta- tionery," and " fepairs" form one head of contingencies in the thannah establishment bills. * No. LXXXI. See Circular Order, Superintendent of Police, Lower Provinces, No. 13, of the 30th August, 18 12, />«>•«. 3. . ^: No. XCVI. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No 7, of 1841. No. 7._Dated Allipore, 17th Apri!, 1841. Police not to be I REQUEST that j'ou will refrain from issuing any instructions to j'our eitiployed m mak- ... ... ing enquiries into police to make enquiries into the resources of your district, its population, *i*t''"^T™*^^* mineral productions, &c., without my sanction having been previously obtained. 2. Such researches are qixite at variance with the duties of a police, and at present, orders of that kind may certainly be perverted into means of extortion and opi)ression towards numerous classes of the community. No. 8, of 1841. No. XCVII. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 8.— Dated Allipore, 23rd April, 1841. terfe*ie"^to'^^inociire 1 ^ having been represented to me that in some districts^ the Darogahs and payment of Chow- other police officers interfere without, as well as with the orders of the ^lagis- kevdars' \va^es,aud - , „ -i i i i -i, a-.i Mundnls not to be trates, to procure the pa}-ment ot wages said to Ije due to the village Lhow- compelled to keep keyiiars : also that the Munduls and Rvuts are made bv the police to keep watch. •' . . " . . . ' . . See Kos. L. ami watch or go the rouuds during the night within their respective villages ; LXI. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 81 and that in failure of performing this or other duty illegally imposed on n^ g ^f j^g^l. them, they are summoned to the police stations, through the means of Mus- *^ v kooree peons,* on charges of neglect ; I beg most particularly to call your »seec.o.Supdt.of attention to the necessity of checking all such ilWal interference with the ^.""j^?; ^* ^; ^'°- '* ■' o a 01 27th April, 184-t. people, on the part of the police, and to request that you will issue instruc- tions to all your police officers to retrain, under pain of severe punishment, from such acts. 10 See Circular Order, Superintendent of Police, Lower Provinces, No. 4, of the Z\st January, \^i:Z, para. 2. " No. XCVIII. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 9. — Dated Allipore, 28th May, 1841. No. 9, of 1841. J. HAVE the honor to acquaint you, that the Right Hon'ble the Governor Magistrates to of Bengal has been pleased to associate all :\Iagistrates with the Collectors bers^^Jf W "t^en" of their districts as ex-officio members of local agencies. cies. 2. You will be pleased to enter upon the duties* forthwith. * See Regn. XTX. 1810, and Act XXXVIII. of 1837. In eases in whicli it may become necessary, under the provisions of Eegulation XIX. Powers of Loeal of 1810, to institute an investigation into the appropriation of the funds assigned for the -*-g'^?*s in emploj-ing support of public institutions, Local Agents are authorized, should it appear to be expedient, to convene a committee of Natives of respectability, willing to undertake the duty, and of the proper persuasion, according to the nature of the institution or endowment to which the enquiry may have reference, to conduct the investigation \mder their superintendence and control. It is fixrther competent in Local Agents, to exercise their discretion in employing the agency, or availing themselves of the aid of respectable Natives, whom they may find willing to assist in the general administration of the functions committed to them, by the Eegulation in question, and to determine the nature and extent of the interference which such persons shall exercise. — Circular Order, Sadder Board of Revenue, No. 52 of the -ith Fehnuiry, 1820. Extract from a letter from the Deputy Secretary to the Government of Bengal, to the Secre- tary to the Sudder Board of Revenue, No. 1572, dated the 2ith Nbiember, 1810. T ■ ' . .. T . 1 . 3 •! ■ i- 1 1 11 1 /. . , . Musalman and Para. 14. It is proper in all Local Agencies, and it is now particularly called for m this, ilimloo gentleman to to add to the members by the appointment of Hindoos and Mahomedans of credit and capacitv, be nssociuted with Lo- ■' "^^ ,_ . ' *" cal Agents m each as has already been done in Cuttack. Such members, if they can be induced to apply them- district. V 82 CIRCULAR ORDERS No. of 1811. selves to the task, may he made to eontrihuto largi-ly to the influence and the usefulnesH y ' of the Agencies, and it should be the study of the Ollicial Agents to imluee their co-adjutorn to lend themselves heartily to the work. 15. It is, however, very much to be doubted whether if the labor of the Agents (and par- ticularly the Unofficial Agents) be worth having, it ought not to be paiil for. It may perhap.s, on enquiry, appear practicable, by a rateable per centage on the incomes of the lands under charge of the Local Agents in each zillah, to allot to the unofficial members of the Agencies a moderate salary, in recompense for the labor exacted from them, and if this could be done, the duty would probably be undertaken with readiness, and discharged with punctuality. Govt, officers not J am directed by tlie Sudder Board of Revenue to send to you for communication to aU the gious mstitutious im- Local Agents in your Division, the annexed extract from paragraph 5 of a letter from Govern- less solicited. ment, in the Revenue Department, under date the 6th ultimo. Extract from paragraph o of a letter from Oovernment, In the Jievenue Department. In the sentiments expressed in the last paragraph of your letter under reply, His Honor concurs so fai', that he thinks.no interference by any officer of Government with endowments for the maintenance of institutions piirely religious, should be permitted without an application from the heads of the community connected with, or interested in the institutions. — Circular Order, Sudder Board of Bevenue, No. 73 of the Qth Hovemher, 1838. No. 10, of 1841. Circular Order No. lO, of the 9tli June, 1841, contains instructions for directing letters addressed to the Superintendent of Police, Lower Pro- vinces, during his progress on tour, to Monghyr. No. XCIX. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 11, of 1841. No. 1 1 . — Dated " on the river," 28th June, 1 841. Rules for estab- J_ HE Sadder Board having, at my instance, directed the remuneration of k?dMs* in ^Govt" *^^ village watch in Government estates under settlement, to be provided Iviiass Mehals. for on the principles laid down for the maintenance of that portion of the SeeNo. Lxviii. police by the Western Board in the districts under their control, I have the honor to requcs*^, tliat jou will communicate with the local settlement officer of your district and arrange with him for the due performance of this order, and for the taking up and payment in such estates of a fitting number of Chowkeydars. SUPERINTENDENT OF POLICE, LOAVER PROVINCES. 83 2. In cases where much land is found uncultivated, but culturable of No. 11, of 1811. course, provision must be made for an augmentation in the numbers of the "'' watch as required by an extension of cultivation and increase of jiopulation. I am directed b}'^ the Sudder Board of Revenue to send you the annexed copy of a letter C. O.S. B.E.No.ii, from Government to the address of the Supermtendent of Police, bearing date the 17th ultimo ; and with reference to the last paragraph thereof, to request that you will issue such directions improvement of the to the Collectors in yom- Division, and enforce vour instructions by such supervision, as will "J ,'^'? P°"f "^ of Kliass ' . - _ ■' '- ilehals to be taken m insm'e the most useful and eflfectual co-operation on the part of the Collectors with Mr. Dam- co-operation with t!ie pier and his subordinates, in the measures which he may adopt for the improvement of the "^ ' ° -^ouce. village police of the Khass Mehals. From the Secretary to the Government of Bengal to the Superintendent of Police, Lower Provinces. 1. I am directed to forward to you, in continuation of my letter, No. 229 of the 6th of February last, copy of a communication from the Sudder Board of Revenue, Xo. 555 of the 31st ultimo and of its enclosure. • 2. It appears to the G-overnor that the vOlage police of Khass jMehals, that is Mehals the property of Government, ought to be so manned, paid, and organized as to be a model to all surrotmding estates ; and His Lordship thinks there can be no objection in such Mehals to the system (which has been proposed for all estates) of making the village watchmen paid ser- vants of the Government. " ' 3. It would seem indeed ttat much of that information as to the state of the village police , and the usages of the people in respect to its constitution and support, the want of which has been in other estates so serious an obstacle to the improvement of the system, might with comparative ease, be obtained in Khass Mehals, and might be turned to good account, first in improving the police of those Mehals, and next in facilitating and gradually inducing improvement in the village police of the rest of the country. 4. Looking, then, at the subject of the Board's letter, as one of considerable importance, the Governor is desirous that it should receive close and careful attention, and that after collecting all information necessary for the purpose, you should prepare and submit a plan for the improvement of the village police of Khass Mehals beginning with those ziUahs in which Khass Mehals are most numerous and most valuable. 5. This is a work in which, without the hearty co-operation of the revenue authorities, nothing useful wQl probably be effected ; and the Sudder Board of Revenue will therefore be directed to communicate with you on the subject, and to instruct their subordinates to give you their best assistance. — Circular Order, Sudder Board of Bevenue, No. 41, dated oth December, 1840. In continuation of Cii'cular Order of the 29th January, 1840, No. 2,* I am directed by the C. O.S. B. R. No. 18, Sudder Board of Revenue, at the instance of the Superintendent of Pohce, Lower Provinces, Remuneration of to send you copy of a Circular of the Western Board, dated 21st February, 1840, regardmg village police in GoTt. the remuneration of the "Village police in districts under settlement; and to request that in the jjjj.nt!'' "" " ^'^ *' assessment and settlement of Government estates in your division, due provision may be made • gee page 58. on the principles therein laid down for the maintenance of the village watch. -^r~ 84 CIUCULAU OIIDERS No. 11, of 18 11 C'lncrL.vn Instructtoxs nEOAiiDiNO Tirn Kkmineiiation of Vrr.r.AOE Police. The ioUuwiug instructions regarding the remuueratiou of village police are ijisucd for the guidance of the officers employed in settlement duty in your division. 2. In districts \vh(;re the settlement is now in progress, you should cause the Magistrate to inform the settlement officer whether the police are to be provided for in land or mone3-, and what number of individuals is to be provided for in each village. 3. On receiving the information, the settlement officer must assign three' acres of average good land to each Chowkeydar, and one acre to each Bullahir, if the sulwisteno is ordered to be given in land ; and three rupees a month to each ' Chowkeydar, and one rupee a month to each Bullahir, if the subsistence is to be given in money. 4. In the former case the settlement officer will cause a statement of the numbers assigned to the ticlds in the fitfld map and khusreh to be furnished to the Magistrate. — Circular Order, Sudder Board of Bevenue, No. 18, dated 19M June, 1841. C. O. S. B. E. No. 81, Para. 08. Should any ehowkeydaree cess have been heretofore itfiposed on the land, it will, ° ■ whichever of the above arrangements may be introduced, be incorporated with the rent. — Fornicr coss ii snv exists, to be incorpo- Circular Order, Sudder Board of Bevenue, No. 81, dated the 2Qlh December, 1850. rated with the rent. No. C. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 12 of 1841. ^°- 1 2. — Dated Monghyr, 9th August, 1 84 1 . Unauthorized VJrDERS having been recently received from the Hon'ble the Court of lun s no o e j)jj.gp(oj.g prohibitina: the creation of unauthorized funds iu public offices created or main- i & i tained in public of- through the means of fines, or from deductions or savings made from the pay of establishment, and directing that all sums thus accruing should be carried to the credit of Government, I am ordered by the Right Hon'ble the Governor of Bengal to call your attention to these instructions and to direct that they be strictly adhered to in future. tices. See also Circular Orders, Nizamut Adawlut, No. QO.and Dewanny Adawlut, No.l57 B, loth dated the 6th August, 1841 ; and Sudder Board of Bevenue, No. 24 of the 11th August, 1841. The practice of imposing fines upon subordinates in public offices for official irregularities is strono-ly condemnect by the Hon'ble the Conrt of Directors ; and the accumulating these fines into a fund, and allowing the head of the office the discretion of awarding srratuities out of it for food conduct is strictly prohibited. The Hon'ble Court remark that the salaries in public . estabhshments, from a necessary regard to economy, have been fixed upon a low scale, so that SUPERINTENDENT OF POLICE, LOWER PROVINCES. 85 no reductions could be made without placing the party who is fined in pecuniai-y embarrass- jj-g 22 of 1841 ments, wliich in situations of trust and responsibility, removes the guarantee of a faithful ^^ ~y I discharge of their duties. Son'ble Court's Despatch to Government of Bomhay, 2Qth Nov, 1845. Paras. 72 and 73. The Nlzamut Adawlut brought to your notice the case of a Mohiurir upon whom, Mr. Pigou, Commissioner of Cu-cuit, had imposed a fine of 100 Eupees for default of appeai-- ance as a witness oii a certain trial. The court Considered the fine exorbitant and were of opinion that a fine of ,8 Eupees, the amount of the Mohm-rir's monthly salary, would have been an adequate punishment. * * * ^ * * * * * # * * * * We have on former oce^lons expressed our strong objection to the imposition of heavy fiines upon native servants as involving them in pecmiiary difficulty and inducing them to resort to im. proper practices for the purpose of indemnification. It appears to us, that t^e preferable course is, when an officer refuses to do that which his official duty requires of him, to transfer, at once, the office to a more obedient holder. Son'ble Count's Jua'ieial Despatch to Bengal, No. 4 of 11th February, 1840. It is absolutely necessary, however, that a Magistrate should have some small fund at his disposal ; and it will generally be found that every active and efficient Magistrate contrives to form one. Tucker's My Note Book. No. CI. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 13 Dated Monghyr, the 22nd October, 1841. Jj ORWARDING a " list of Police officers, who are not to be re-employed jj^q ^^3 ^f \^^\^ in thai capacity without regard to the circumstances which led to their dis- missal." (Ab.Htract). Circular Order No. H of the 23rd October, 1841, contains instructions for directing letters addressed to the Superintendent of Police, Lower Pro- No. 14, of 1841. vinces, during his toui" through the Behar province. No. CII. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 1 5.— Dated from camp, Patna, 3rd December, 1 84 1 . ^o. 15, of 1841. Consequent on a communication made to me by Government, I have ^f f^^iXS^^a! the honor to request, that you will expunge the name of Hullodher Raie, rogah. z 86 CIRCULAR ORnERS No. 15, of ISll. late Darogah of tliannah Kissungunge, in zillah Becrblioom, from the regis- ' V ter of excluded Police officers transmitted to you along with my Circular Letter No. 16, of 1840. It is of course to be understood that the individual is now eligible for any public employment. No. cm. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No 16 of 1841 ^°" ^^" — -D^ted from camp, Gya, 14th December, 1841. Address of Na- x\.N instance having been brought to. the rotice of Government of an ive gen emen o jjj^pj.Qpgj. niode of address towards a Native gentleman of rank by a public functionary, I am directed to request that yoi't will ■■be careful that native gentlemen, and particularly those of high rank, are addressed in all public documents in a courteous style, suitable to their staition in society. No. CIV. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 17, of 1841. No. 17. — Dated from camp, Gya, 16th December, 1841. CaUing for lists \Y JXH reference to the 2nd para, of the orders of Government published of persons to be . , • , n # members of Ferry m the Calcutta Gazette of the 11th instant, page 979, bemg the Rules for Fund Comnuttees. fJie future appropriation of the Surplus Ferry Collections, I have the honor to request that you Avill immediately institute enquiries and furnish me with a list of persons. Natives and Europeans, whether in the employ of Government or unconnected with it, who may be willing and able to per- form the duties of members of the district Committee ordered to be estab- lished in each district. 2. In this list you will be careful to include all classes of the community landholders, indigo-planters, merchants, and public servants, and state your opinion as to the qualifications and opportunities of each to carry out the intentions of the Government. Rules of I8il, for the future appropriation of the Surplus Ferry Collections. Ferry Fund Eules ^' Committees shall be formed in each District for the mansgemeut of the Surplus of 1841. Ferrj' Funds collected under Regulation VI. 1819, and applicable luider Clause IL Section VII. of that Enactment, for the promotion of the convenience and safety of Travellers and the facility of Commercial intercourse. SUPERIXTEXDEXT OF POLICE, LOWER PROVIXCES. 87 2. Each District Committee shall consist of not more than nine persons, of whom Xo. 17, of 1S41. three shaU form a quorum. The ila^strate of the District and the Executive Officer v ' Ftrrv Fund Ituld's of the Di\'ision shall be ex-officio ilembers of the Committee. The remainder shall, ofisii. in the first instance, be appointed by Government upon the recommendation of the Superintendent of PoUce, and shall consist as weU of persons out of the service. Natives and Em-opeans, as of those who are connected with it. Futiu-e vacancies to be filled up by the Superiuteudeut of PoUce, subject to the approbation of Government. 3. The Superintendent of Police shall be a Member of the Local Committees and preside at the Meetings whenever he 'is present. He shall also have a casting vote, whether absent or present, when opinions are divided. 4. The whole coimtry is divided iuto Unions ; the Surplus Ferry Funds in these are to be thro^\-n together and divided 'between the several Districts which compose them. ■ 5. The Unions shall be as follows : — 1st Un^on. Sanm. Champarun. Tirhoot. 2rf Union. Shahabad. Patna. Behar. Zd Union. ^Monghp-. Bhagulpore. PmTieah. Maldah. Ath Union. Dinagepore. Rajshahye. Pubna. Rungpore. Bograh. 5^^ Union. Mymensingh. Sylhet. Dacca. Qth Union. Chittagong. Tipperah. Naocolly. 7th Union. FmTeedpore. Backerguuge. Jessore. %ih Union. Nuddea. Moorshedabad. 2 1-Pergunnahs, Bai'aset. ^2tb Union. Beerbhoom. Bu^dwan. Bancoorah. Midnapore. Hooghly. 88 CIRCULAR ORDERS No. 17, of 1811. G. At the close of each ofTicial year, the Accountant will a.sccrtain what is the .^ Y amount of the Surplus Ferry Funds in each Union during the preceding year, and of 181 i. distribute the total equally amongst the several Districts compri.sed in it, the Govem- mcnt reserving to itself the power of making a different allotment of the Funds, should such alteration hereafter appear expedient. 7. Each Committee will keep a book, in which will be entered Minutes of all its Proceedings and Resolutions. The Proceedings of each Meeting shall be attested by the Jlembers present. This book shall always be open to the inspection' of any person who may be desirous of perusing it. 8. Any Member of a Committee shall have the power to demand a reference to the Government, through the Superintendent of Pohce, on any point ou which he may differ from the majority. 9. The Superintendent of Police, on the recommendation of the Committee, is competent to sanction Establishments to the amount of Rupees 150 per mensem, and Estimates for works to the extent of Rupees 500 on any one work. Larger undertakings than the above, must be submitted through the Superintendent of Police to the Government, for approval — the opinion of the Executive Engineer being pre- viously recorded in each case. 10. The Disbursements will be exhibited as heretofore in the ^lagistrates' Accounts, and passed under the Rules applicable to such cases. The ^Magistrates wiU pay en an Or('cr signed by tlirce Members of the Committee, and the authority of the Superin- tendent of Police. 1 1 . These Rules relate exclusively to Surplus Funds, accruing after the 30th April, 1840. No Surplus which may have accrued in any District before that date, can be expended without the express sanction of the Government of India. . Tliese Sules Jiave heen entireli/ svperseded ly tlie Bitles of 184S, (and sxihsequent Sules) circulated tcith Circular Order, Superintendent of Police, Lower Proeinees, A^o. 2 of the 'IQtk January, ISIS. No. CV. TO ALL MAGISTRATES AND JOL\T MAGISTRATES. No. IS, of 1841. No. 18. — Dated 31st December, 1841. Practice of re- Ji ROM a case which has come before me and enquiries which I have gistering at the , . , . . . , thannahs, young made, I am led to believe that it is a general practice for Bawds, Keepers of temiiles kept a.s Brothels and others retaining young females for the purpose of prostitution, prostitutes or slave • t »• . <• girls, disapproved or persons moving Loundies or alleged slave girls from place to place, to and strictly pro u- jpgig^ej. tjjg names of all those whom they may purchase, procure, or entice to remain with them, at the nearest thaunah or police stations. SUrEIlINTEXDEXT OF POLICE, LOWER TEOVINCES. 89 The ostensible reason for this is, to give notice to the police of their No. 18, of ISll. having such persons residing with them, and to secure themselves from any v . suspicion of coming under the provisions of Section 2, Regulation VII. of 1819, but their real object is to induce a belief that they have a legal claim over these girls, whom they frequently retain against their wills, by the aid of the police ■supporting such a registry, and considering all the money, ornaments, ^nd clothes, which these unfortunate girls may procure or have given them from their earnings las not belonging to them. They therefore refuse to part with them unless they are first re-imbursed what they demand as their expenses for keeping and clothing them, using this registry as a means of intimidating the young females into compliance. I desire therefore, that you immediately issue a notice to all your Daro- gahs and other police offict'rs strictly prohibiting their keeping any such registry or allowing a list of such girls to be delivered to, or the girls to be brought before them at 'any place whatever, as such a practice leads to a belief that the police has authority to interfere with these persons and to give their alleged owners an illegal power over them, whilst it is besides open to many other kinds of very gross abuse. Any police officer disobeying this injunction will be immediately ,and finally removed from his situation. Circular order. No l of the 3rd February, 1842, required all letters No. 1, of 1842. and packets intended for the Superintendent of Police, Lower Provinces, to be addressed to him at Monghyr after the 8th February. No. CVI. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 2.— Dated Monghyr, 25th February, 1 842. ■^°- ^' °^ ^^^-■ HENEVER you apply to this office to sanction the offer of a reward .„.oc.iaini«i'^ c°rinii- for the apprehensic/n of a criminal either proclaimed under Regulation IX. nal's pereon to be . f»'ivt-'ii. of 1808,* or accused of any heinous offence, I request that you wdl annex " • s,fs. ii. anaiii. a descrIi)tion of his person, so that when I notify the reward in the ver- of'isia. ^ "^ 2 A W 90 CIRCULAR ORDERS No. 2, of IS 12. iiaciilar Gazettes, I may also give sotiic clue for the apprehension of the V individual. C. O.Nizt. Adnt.No. 147 of 1815. Rules to be observ- ed in otJering rewards for the appreliension ol' offenders. * Repealed by Act XVI. of 1843. ■ Name of person with that of his father, age and places of birth and rcsidonce. Description of his person a.s far a.s it can be obtained, particularly noti<:ing any pecu- liarities of dialect, speech, or of gait or vi- •sion. «- • Modified by Ciradar Order, Superintendent of Police, Lower Provinces, No. 14 of the 23rd September, 1812, and applications required i,q be made to the Sessions Judffe. ^p° -S^ee also Circular Order of the Superintendent of Police, Loiver Provinces, Xo. 21 of the S\st October, 1813. 1 »m directed by the Nizamut Adawlut to desire', that whenever you may have occasion to recommend the offer of a reward for the apprehension of individuals suspected of having been concerned in gang robbery, or other heinous offence, especially when you may consider it necessary that such reward should be accompanied bj' a proclamation, under the provisions of Section 3, Regulation IX. 1808, you will be careful, in addition to a full report of the circumstances of the case, as prescribed by Section 2 of that Kegulation, to submit copies of your proceedings, or such parts of them as may be sufficient to show the grovmds and evidence, on which the person or persons proposed to be proclaimed, or for whose apprehension a reward is proposed, are considered to have been concerned in the commission of the offence. 2. The above instructions are applicable to all cases in which you may have occasion to recommend a reward to the Court of Circuit, under Section 16,* Regulation XVI. ISIO; and when you may deem it sufficient to offer a reward under that Section, without the pro- clamation provided for by Section .3 * Regulation IX. 1808, you will of course submit your report to the Court of Circuit, as prescribed.— CtVcuZdr Order, yjzamut AdawliU, Xo. 1-47 of the l%th April, 1815. Not toexeced pow- Pai'a. 2nd. You will be careful in general not to exceed the power vested in you by the er vested in oflVring Regulations and Circular Orders in force, as regards the offer of rewards for apprehension. In extreme cases, which w ill not admit of the delay attending a reference to a higher authority, See C. O. Supt. of should such a measure be foimd absolutely necessary, it should be immetliately reported for fs'l'It October I's-is *'"^ saiietion of the officer duly authorized to make the offer which may have been tendered. — Circular Order, Nizamut Adawlut, No. 173 of the 17th July, 1835. SUPEUINTENDEKT OF POLICE, LOWER PROVINCES. 91 No. CVII. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 3. — Dated Monghyr, 24tli March, 1842. Xo. 3, of 1842. HENEYER the offer of a reward for the apprehension of any dacoit. Payment of re- thug or otlier heinous offender has been i)roclaiined in the vernacular Gazettes "^rds to be made ° , ... '1-t once without or otherwise sanctioned by me on application to this office, the same should delay. always be paid to the^ parties entitled to it as soon as possible after the re- SeeXo. cix. cognition of the Offender brought in has been made, without making any further reference to me, » W Payment of rewards to be reported to the Supei'intendent of Police, vide his Circular Order No. 5 of the Wth^June, 1842. No. CVIII. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 4. — Dated Monghyr, 14th April, 1842. No. 4, of 1842. i HAVE the honor to request that you will furnish me with a statement Calling for u shewing the number of dacoities which have occurred in your district from po^tieT'^from^ 1830 the year 1830 up to 1837, inclusive, according to the annexed form. to 1837. (1830). 1 2 3 4 1 51617 Januai-y. Number of dacoities. Number of men engaged. Property stolen. Number of cases in which conviction ensued. Number of persons con- victed. Property recovered. 3 • See Circular Order, Supdt. of Police, Lower Provinces, No. 5 of the 4^th Fehruary, 1843. 92 CIRCULAR ORDERS No. CIX. TO ALL MAGISTRATES AND JOIXT MAGISTRATES. No. 5 of 1812. ^^- ^- — l^ ^ {he Supt. of PoUce. be pubUc ferries, and transmit them as soon as prepared, thfough the Superintendents of PoUce, for the information of Government. No. CXVI. TO ALL MAGISTRATES, JOINT MAGISTRATES .VND ASSISTANT SUPERINTENDENTS, THUGGEE DEPARTMENT, LOWER PRO- VINCES. Xo. 13, of 18i2. No. 13.— Dated Mongliyr, 30th xVugust, 1842. Economy to be I HAVE the honor to call your particular attention to the necessity of observetl m the " . disbursement of economy ill the disbursement of contingent charges, such as rewards to the contingent charges p jj y^, Qxh^-s, for the apprehension of oflender.s, extra police or ministerial sueii as rewards, r ' ' ' &e. establishments and the repairs of thannah buildings, as I shall not in future, under the late instructions from the Governor General, admit an item, the expenditure of which is not strictly necessary. Report to be o. As a ffeneral rule, rewards ought onlv to he given in very particular Police before ad- instances to the officers of the police who should be induced to look forward SUPERINTENDENT OF POLICE, LOWER PROVINCES. 101 to promotion for acts of good conduct. In cases where great personal No. 13, of 18 12. couraa^e, vigilance, or tact are exhibited, a report should be made to me .~^ v-_ ° " _ '■ inission ot l^olice before the admission of the officers to a reward. otiicers to rewards. 3. In the repairs of the thannahs the Magistrate should be careful to Magistrates to note what sums have been previously expended on the buildings, so as to |^°^^ ^^^ ^^^^ judge if theyJjave been kept with proper attention, as well as to ascertain ovisly expended in .^ ,, , 1.1 • 1 • 11 repairs of than- if the sum stated to be required is really necessary. ^^^^^^ 4. No charges on account ot^ any temporary establishments will be ad- SeeNo. Lxxxr. mitted after this, unless' my sanction to their entertainment has been pre- , Sanction to be obtained from viously ohtained. Supt. of Police to • charges on account ' of temporary es- ^-^ tablishmeut. No. CXVII. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 14. — Dated Monghyr, 23rd September, 1842. No. 14, of 1842. NDER the instructions of the Hon'ble the Deputy Governor of Bengal, otrf^.PPj;,trfT for I have the honor to direct, that in future you make all ajjpHcations for apprehension of rewards for the apprehtinsion of criminals to the Sessions Judge of your i„a"iV^'to Sessions' district, giving at the same time, intimation of vour proceedings to this Judge, and Supt. ° ° ' of Police to be iu- office. formed. See Nos. 2 and 3 of 1842. u No. CXVIII. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 15. — Dated Monghyr, 26th September, 1842. No. 15, of 1842. I REQUEST that you be careful in the regular examination of the accounts RiJes for the . . examination and kept by the treasurer of your office, so as to prevent, or immediately dis- check of accounts cover any emhezzlement of money, which has lately, from the want of this ^^g^jy^jf^^ '"Tr'^^" precaution, been carried to a considerable extent in the office of the Magis- surers. trate of the 24 Pergunnahs. 2. In consequence of this, I have been directed by the flon'ble the De- puty Governor of Bengal, to call your attention to the necessity of looking into these accounts regularly, and also of adopting rules snnilar to those 2 D 102 CIRCULAR ORDKRS No. 15, of IS 12. now proposed I)y Mr. Mytton, which if regularly adhered to, will prevent V peculation to any large extent. First. No sums to be entered in any accounts except the office cash ac- count, such practice being contrary to express orders from the Court of Di- rectors. Second. The Bcngallee Ledger, or Roaknr Bahy, to be signed by the Ma- gistrate and never to be allowed to be in arrear more than one day. In this Ledger every debit and credit to be entered under its appropriate head. Third. No payment to be made on account of diet prisoners, salary, or any contingent charges, without an office receipt being taken, and such receipt to be writ'ten in a bound book to be signed by the persons receiving the money. Fourth. A book to be kept at each thannah and by the Nazir, in which each sum sent by the Police officers or Nazir shall be entered, and the book sent up with the money for the acknowledgment of the treasurer, which is to be entered therein instead of a loose receipt being given. Fifth. At the end of each month the Mohafiz, Jail Darogah, Treasurer and Nazir, to compare the register of fines with the Roakur Bahy, and give a joint certificate that the fines have been realized or the persons made over to the Jailor for imprisonment. Sixth. The prescribed register of deposits to be kept in English by one of the writers, and the Mohafiz to take his certificate of registry on every order for the receipt of a deposit. Seventh. The Jailor to keep two books in a form prescribed by the I\Iagistrate, in one of which he will enter all sums sent on account of Jail manufactures and in the other all other accounts, and the Treasurer is to sign them by way of receipt in a column prepared for that purpose. The Jailor is to compare the former with the work books and to bring to notice any discrepancy. Fighth. A separate detailed debit and credit account of salaries received and paid to be kept by the Treasurer and signed by the Magistrate every week. 3. It was in the above items, comprizing in fact all the accounts of a Magistrate's office, that Mr. Mytton discovered the embezzlen)euts, and it was by insisting on a regular and detailed course of accounts being adopted that he was able to detect the frauds which had been carried on. 4. The above rules which he has now laid down for the guidance of the several officers having charge of public money are simple, and if regularly observed will be sufficient, but regularity in these matters is the most SUPERINTENDENT OF POLICE, LOWER PROVINCES. 103 essential point, and it will be advisable to have these rules pasted on boards No. 15, of 1812. and hung up in the Magistrate's private room, the English office and the ^ ' Treasury, so as to prevent their being lost sight of by a change of in- cumbents. 5. I shall inspect these accounts whenever I visit your station. See Circular Order, Superintendent of Police, Lower Provinces, No. 12 of 2St/i September, 18^6. Circular Order No. IG of the 20th October, 1842, contains instruc- No. IG, of 1842. tions for directing letters addressed to the Superintendent of Police, Lower Provinces, on his route through Purneah, Maldah, Dinagepore, Rungpore and Pubnah, to Dacca. No. CXIX. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 17.— Dated Monghyr, 28th October, 1842. ■^°- ^''' ^'f 1^42. ' X HAVE the honor to request that you will erase from the register of of a*di^!Lse™Je- Police officers not again to be employed, now in your office, the name of matkr of Police. MuUik Bunday Alii late jemadar at Gyah, whom I declared to be eligible for re-employment in consequence of his previous long service, and at the recommendation of Mr. Drummond, the Magistrate of Behar, to whom he has afforded considerable assistance in the detection of some persons lately concerned in a murder near to Gyah. No. CXX. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 18.-*-Dated Maldah, 9th December, 1842. jj^ jg ^f i8i'> HAVE the honof to request that you will acquaint tiie Committee Expenses of for the management of the surplus ferry funds of your district, that the Ijoats, rope bridges TT ,1 , 1 T-. • 1 • /-I -1 1 1 • 1 1 1 <• and other means of Hon ble the President in Council has determined that the expense or pro- crossing rivers and I 104 CIRCl.'I.AR ORDERS No. 18, of 1812. viding boats, rope bridges and otlier moans of crossing rivers and nullalis, ^7"i r*d T by tlie public mail is fairly chargeable to the ferry funds. I shall feel ob- nullahs by the pub- ^ ' ... . lii mail, ('luuxiiiblo liged therefore by the Committee taking into consideration the lines of post to the erry um s. ^^^^ within vour district, and adopting measures for the speedy and secure Sc« No. C'.VV. . transit of the public mail over such obstacles as may occur on the road. INo. CXXI. TO ALL MAGISTRATES. „ ,„ .,o,„ No. 19. — Dated 9th December, 1842. Proposed exten- X AM directed to consult you as to the expediency of extending Regula- !^°" f ^^f",¥T tiou XXIL* of 1816 to large towns not Sudder Stations. In favouring me XXll. 01 Iblb, to _ _ ° _ ° large towns not with your opinion on this subject you will be kind enough to consider the matter very maturely, stating the towns within your jurisdiction to which you would propose the extension of the law, and you should also carefully ascertain the sentiments of the principal people concerned in the measure. Sudder Stations See No. L. See Circular Order, Supei-intendent of Police, Lower Provinces, No. 4 ofZ\st Janu- ary, 1843. * Regulation XXII. of 1816. For re-enacting and reducing into one Regulation, with amendments and furtlier provisions, the rules in force for the appointment and maintenance of ebokevdars of Police. See Beavfort, chapter " Of chokeydars." No. CXXII. TO ALL MAGISTRATES AND JOINT MAGISTRATES. Xo 20 of 1S42 ^°' ^^' — Dated Dinajepore, the 16th December, 1842. 'IRCULATING a register of certain Police officers who are not to be Ci euiployed again. (Abstract.) SUPERINTENDENT OF POLICE, LOWER PROVINCES. 105 l_^IRCULAR Order, No. ] of the 14th January, 1843, contains instruc- Nq j of 1813. tions for directing letters to the Superintendent of Police, during his pro- gress to Dacca. No. CXXIII. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 2. — Dated Pubnah,;the 14th Januar}^ 1843. No. 2, of 1843. JlVEGARDING the .employment of convicts on' works of public utility. (Abstract.) See marginal note to No. LXIII. page 51. Circular order No. 3 of die 26th January, 1843, required that all ^'^^ 3> of 184.3. letters for the Superintendent of Police, Lower Provinces, be directed to Jessore, he having been obliged to proceed there " on urgent duty." B No. CXXIV. TO ALL MAGISTRATES. No. 4. — Dated 31st January, 1843. No. 4, of 1843. Y direction of the Hon'ble the Deputy Governor of Bengal, I have to ac- Explanatory of quaint you that the Circular Order of the Court of Nizamut Adwalut, No. the Circular Orders -, ,T,,^„, I', 11 i-i-i- , . of the Nizamut 87 of the 22d July, 1,831, was merely intended to pi-olubit the introduction Adawlut, No. 87 of the sudder chowkeydaree system into other than sudder towns, and has of 22d Jidy, 1831, ... . proluhiting: the in- properly no reference to the common village watch, which has always exist- troduetion of Sud- ed in the country. ^'\ «li°.^keydaree *"" •' _ _ sj'stem mto other 2. You will consider this construction explanatory of that part of my than Sudder towns. Circular Letter, '^o. 8 of the 23d April, 1841,* regarding the interference of See No. 1 <• • 1 I 1 ■ . ^i -11 * No. xcvn. the police to procu/e the payment or wages said to be due to the village chowkeydars, and not apply the order of 1831 to the village watch, but proceed in all things relating to that watch as was the custom before the receipt of that Circular. 2 E 106 ciuculah orders No. 4 of 1813. Repeated com])laints having reached the Governor General of exactions practised in the in- V— Y ^ troduction of the chowkeydaree tax, the Court, in pursuance of instructions received from Tlie levy "^^^^'^'^ Government, direct me to desire you will prohibit the levy of any tax, either by the Magis- be confined to tlio tratcs or Darogahs, on account of the chowkej'daree establishments, except at the stations, Rom"xxiI 1816. ^^^ "^ ^^'^ mode prescribed by Regulation XXII. 1816; unless such establishments shall have Exception. been introduced and maintained with the free will and consent of the inhabitants, the with- drawal of which might endanger the security of their property. — Circular Order, Nizamut Adawlut, Ko. 87, dated 22d July, 1831. Interpretation of the above Circular Order. * Seo page 55. The foregoing Circular Order of the Court of Nizamut Adawlut, was intended to prevent the improper extension of the provisions of Regidation XXII. 1816, to places not contemplated in that regulation, and not to interfere with the cstabUshments of chowkeydars which the zemindars are boimd by the provisions of Section £1,* Regulation XX. 1817, to support. — Construction, No. 608, dated l^ih November, 1831. No. 5, of 1843. No. CXXV. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 5. — Dated Jessore, the 4th February, 1843. l^ALLING for a statement of dacoities committed in each district from 1838 to 1842, inclusive, according to the annexed form. (Abstract.) Dacoities committed during 1838 to 1842. District. Year. Number of dacoities. Number of men engaged. Value of property stolen. Number of cases in which con\-iction ensued. Number of persons convicted. Value of property recovered. 1838 1839 1840 1841 1842 Tliis information was required in continuation of that which was called for by Cir . Order No. CVIII. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 107 No. CXXVI. TO ALL MAGISTRATES, JOINT MAGISTRATES, AND THUGGEE ASSISTANTS IN THE LOWER PROVINCES. No. 6. — Dated Thaiinah Noabad, Zillah Jessore, 10th February, 1843. No. 6, of 1843. JL.HAVE the honor to transmit to you copy of an extract from the pro- I" reiernug eases / -. T • • /-, • • ^" ^^'"^ Chemical ceedings of the Hon ble the v ice-President of India in Council in the Gene- Examiner, details ral Department under date the 18th ultimo. No. 15, and to'direct that in all '''}°"^'^ ^'^ fm-nish- cases in which you may have to 1-efer to the Chemical Examiner, you will at the same time furpish the details from the Civil Sui'geon of the station, and the evidence required by Doctor Mouat. EXTKACT FROM THE PROCEEDINGS OF THE Hon'bLE THE PRESIDENT OF THE COUNCIL OF India in Council in the General Department under date the 18th January, 1843. Fro)n Dr. P. J. Mouat, Chemical Examiner to Government, to H. V. Bayley, Esq. Deputy Secretary to Government, Genei'al Department, No. 45, dated 10th January, 1843. I have the honor to mform you, that in the execution of my duty of Chemical Examiner to Government, I have several times been put to much inconvenience by no report or detail of cases bfing forwarded with substances sent for examination and supposed to contain poisonous matters. "When the quantity of material reqiui-ing to be analysed is small, and no intimation or clue to its nature aiforded by the symptoms it may have produced, some portion is necessarily expended in determining the class of poisonous agents to which it may belong, before any partieidar experiments can be undertaken with a view to establish its indi\'idual nature and composition, and in one or two cases the residue has been so minute as to prevent my being able to give a positive opinion on the subject. In all cases it is a matter of interest and importance, in a professional point oS view, to have a detail of every case of poisoning to illustrate the chemical examination, and afford such other evidence as may form a useful giddc in futiu-e and doubtful cases of the same nature. 2. I have the honor therefore to request, that all Judges and Magistrates, who may have cases requiring chemical examination be directed to fui'nish every detail that can be obtained, both from the Civil Surgeon and those persons who may depose to the facts of a case, for the information and guidance of the Chemical Examiner. By this means much valuable? information may be obtained, which may ultimately lead to a knowledge of the poisonous vegetable substances employed by Natives for criminal purposes, very few of which can at present be detected by chemical analysis. 108 CIRCUI-AU ORDERS No. G, of 1843. OiuiKUDD, that a copy of the above letter be tran.smitted to the >rilitai7 and Y Jiiilifial Departments, in order that the necessary instructions 1k3 issued from those departments to tlie officers of the same communicating with the Chemical E.\aminer to supply the omission complained of by that officer. Extract from the Proceedings of the Ilon'ble the Deputy Governor of Bengal in the Judicial Department under date the 30th January, 1813. Read an extract from the proceedings of Government in the General Department, dated the 18th instant, No. 15. * Si'e C. O. X A. Ordered that cojiies of the above extract be forwarded to the Sudder Court* and No. 129, of 1843. ^Q (^)jg Superintendent of Police, in the Lower Pronnccs, for communication to the several Sessions Judges and Magistrates. References regard- Public oflBcers are hereby informed, that a rule has been established, under directions of the ing cliemical ques- gup^gnie Government, for all references reffardinEf chemical questions and operations on ac- tions and operations '■ _ . . . to be made direct to count of Government being made direct to the Professor of Chemistry, Medical College, ni^trr" *^*'" " ^' ■^<""*' William, who is privileged to issue and receive letters connected with his department, free of postage. — Circular Order, Nizamut Adaivlut, Xo. 110, dated 24 J J roads the Comnut- disposal. ' tee can take charge, I shall feel obliged by your furnishing a reply to this letter at an early date. No. CXXVIII. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 10 — Dated 23rd May, 1843. No. 10, of 1843. I HAVE the honor to transmit the accompanyinor printed copies of state- , Statenients made , 1 .> o 1 ^ 1. ^y Dacoit leaders ments made by Buddu'ck and Kechuck leaders regarding the dacoities com- forwarded to Ma^ mitted by them, which will put you in possession of the system these tribes ^ueg^to^add t t^' adopt, and the long impunity with which they have carried on their depre- information obtain- , . ed and to endea- dations. vour to identify the 2. I must request of you to endeavour most earnestly to add to the daeoities referred information now sent to you, and endeavour to identify tlioae dacoities re- garding which I havfe not hitherto been able to procure information. 3. I have statements of other Kechucks with me, which corroborate the statements now sent, and one now being made by Deola, who is named by 2 F 110 CinCUI.AR ORDERS No. 10, of IS 13. Beliadoor, is fully confirmative of the residence of part of these men at V Iluriiigatta, and the knowledge, (if not indeed actual jjarticipatifm in one crime, that at Sulkea) which Mr. , at that jdace, liad of their mis- deeds. The statements tvhich are very voluminous tcould greatly enhance the price of this compila- tion and are therefore omitted. No. 11, of 1813. i^IRCULAR (5rder No. 11 of the 3rd June, 1843, contains instructions for directing- letters addressed to the Superintendent of Police, Lower Pro- vinces, to Pubnah and Nuddeah. No. CXXIX. TO ALL MAGISTRATES AND JOINT MAGISTRATES. , No. 12, of 1843. No. 12. — Dated 22nd June, 1843. Classification of I jj^yj; ^jjp honor to request that in forwarding to nie vour six-monthly crime in the state- ^ . ' ments of crime. Statements, you will be kind enough to take particular care to define the miscellaneous cases, and also those under head 42, No. 1 of the new state- ments furnished to the Nizamut Adawlut, separating distinctly the attempts to commit the different crimes named in the statement. 2. I now draw up my reports according to the English classification as. Offences against the person. Offences against property attended with violence. Offences against property without violence. INIalicious offences against property. Forgery, and offences against the currency. Other offences not included in the above. 3. You will see my remarks on the above classification in paras. 855 to 862 (annexed) of my first report for 1840; and although to save my sub- ordinates extra trouble, I have not required any forms differing from those furnished to the Nizamut Adawlut, I am sure that yuu will perceive how- much the accuracy of my returns miist depend on the correctness of your classification and definition of crimes. SUPERINTENDENT OF POLICE, LOWER PROVINCES. Ill 4. If affrays have occurred about property, or if they have arisen from No. 12, of 1S43. other circumstances, a note to those effects should be added opposite the ^ column. 855. In future I would venture to suggest a classification of offences to be made more ap- proximating to the mode in use at home, as it "will save mucli trouble to tliose wlio may be in- terested in comparing the statistics of crime in the two countries. The English classification is as stated below, and could with ease be, adopted in these reports. 1st. Offences against thsjperson. 2nd. Offences against property attended with violence. 3rd. Offences against property committed without violence. a 4th. Malicious offences against propert^f. 5th. Forgery, and offences against the currency. 6th. Other offences not ilicludeu' in the above. 856. The first class would include heads 1, 2, 3 and 4, 25, 26, 30 and 33, of statement 18 or murders of all kinds, hpmicide, assaults with wounding or personal injiiry, and Suttee, — aiding and abetting, petty assaults, and child-stealing. 857. The second class, all descriptions of dacoities and highway robbery, burglaries and thefts with murder or wounding, and all affrays with homicide or violent breach of the peace ; these generallj' occurring from a dispute regai'ding property or trespass, or a desu-e to obtain violent possession of property ; and when, not arising out of these causes they should be enter" ed under riot, tumultuous assemblage, &c., in the sixth class. 858. The thu-d class, all smiple burglaries, and thefts (as I do not consider the offence of burglary in this country at all pai-allel with that crime in England), receiving stolen property, embezzlement and fraud. 859. The fourth class, arson, wilfully destroying crops, maiming cattle. 860. The fifth, forgery, coining, possessing implements for forging or coining, and being engaged in passing forged notes, or false money. 861. The sixth, illegal pm-ehase and sale of slaves, riot, sedition, tumultuous assemblage, and all those offences not enumerated above, which are now included under head 34 of the statement sent in to this office by the Magistrates. 862. If the Eio-ht Hon'ble the Governor of Bengal approves of this classification being in my reports added to those already in use, I wiU in my next half yearly statements have a com- parative classification on the above plan, or any other a^jproved by His Lordship, duly di-awn up for the last six months of 1839, and those of 1840, shewing the increase or diminution of each class, and the districts in which such has taken place. Police Report of the Lower Pro- vinces, for the first six )nonths q/'lS40. See Circular Order, Superintendent of Police, Lower Provinces, No. 6 of the \Qth May, 1845. 112 CIRCULAR ORDERS No. CXXX. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 13, of IS 13. No. 1 3. — Dated on the river, 22nd June, 1 843. Wliat reports X HAVE observed the great labour and waste of time imposed on the police lWair°''shmad officers by the practice of their being obliged to send to this office complete send to the Supdt. copies of their final proceedings in all serious cases. These papers never ° c° It^ ,-r , reach me in sufficient time to enalde me to place any check over the pro- See Nos. XI. and I-XIX. ceedino-s of the police or to direct any measures, which can only Ijc done by * These reports are the local ]\Iagistrates, and they form an useless collection of records in this rioure'es'viliear: officc, and cause thc employment of irregular IMuddud Neveeses by the of 'poUce^K' p."'no' policc officcrs. I direct therefore that the practice be discontinued, and 23 dateci i2ih Octo- ^^i^t in Ueu of thesc lengthened proceedings the Darogahs in future send to btjr, lo-lo. o J. *j : MS «-H rS an ^ M ^ O ^ y. 'fe^ rt -^ O ^ H § ;«( f^ P 121 ^ "♦* e< -^ -51 ^ o ^ ^ •. tr. • officers. ^ amongst them and leading to the improvement or the character and effici- ency of the Police in these provinces, I have the honor to direct that you immediately prepare and transmit to me a list o^ the Police Darogahs in your district, stating how long each has been employed, with what character, whether he has performed his duty satisfactorily, and in what particular cases he has met with approbation or reward, or had his name entered in the register of those deserving of future promotion for good conduct. 2. You will also particularize those whom you would recommend for selection for the higher grades of salary, being 100 Rs., 75 Rs., and 50 Rs. per month; I must look to your taking the greatest ?are in making these recommendations, as the efficiency of the new proposition M'ill depend mate- rially on the selections being properly made. P. S. You will also send me the names of any Darogahs in your district who may be receiving less than 25 Rs. per mouth. See Circular Order, Superintendent of Police, Lower Provinces, Xo. 3 of the 7th March, 1844. SUPERIXTEXDEXT OF POLICE, LOWER PROVINCES. 115 Promotion of Daroyahs to the higher Grades. No. 15, of 1843. With the sanction of the Government of India, the Right Honourable the Governor The pXce Daro- of Bengal has been pleased to direct the re-modelling of the poUce Darogah establish- gah estabUshment re- _ . . o J. modelled, ment in the provinces subordinate to this Government. The Establishment -nill in future consist of three Grades, composed as foUoTvs : It wUl consist of three grades. 50 First Grade Darogahs, each draiiving 100 Rs. salary per mensem. -p^^j ^^^_ 100 Second Grade Darogahs, each drawing 75 Rs. salary per mensem. Second grade. The whole of the remaining Darogahs on salaries of Rs. 50 each per mensem will Third grade. form the third Grade. The Darogahships of the 'first and second Grades will be distributed in the following Distribution of the proportions, which coincide as nearly as possible with the relative numbers of the ^^ ^^' Darogahs in the several provinces. 1st Grade. 2d Ditto. 3rd Ditto. Lower Provinces,. , , 43 ■ 84 322 Cuttack, 2 4 15 , Assam, 3 6 15 Arracan, 1 2 10 S. W. Frontier Agency, 2 4 12 Cachar, 3 Total,.. 50 100 377 — Govt. Notification of the 27th February, 1845. 2nd. From the Reports which ]Mr. Dampicr and the other Superintendents of Pohce have recently furnished in accordance with the orders of Government on this subject, it appears that there have been several vacancies in the higher grades which q. q i-fi,-p k 54 have not been filled up for four and five years. It is most objectionable that meritori- No. 8. ous ofl[icers should remain so long unrewarded, and be deprived of the full benefit Daro'jahs of the promotion to which, under the orders of Government they are entitled. The expectations under which the salaries of Police Darogahs were raised to the higher amounts must necessarily fail, if notwithstanding the existence of vacancies, years are allowed to elapse before repeated recommendations on the part of their official superi- ors result in obtaining the promised reward for those who are entitled to it. To the existence of this delay in promotion, may, in some measure, be attributed the unsatis- factory circumstance stated by Mr. Dampicr, that of the 3rd grade Darogahs there are not a sufficient number worthy of promotion to fill the whole of the vacancies in the 2nd grade. 3rd. Moreover, the important object which the Government ha? in view, of en- couraging natives of education and respectability to enter the PoUce, must of neces- sity fail unless there is a fair certainty that good conduct wdl lead Anthin a moderate period to promotion to the higher grades. 116 CinCULAR ORDERS No 15 of 1813. 4th. On these considerations, it has been determined no longer to assign a fixed -y ^ proportion of the liigher appointments to the several Regulation and Extra- Regulation l_ yio'»*' *'"'*"''■ °* Provinces, (as directed in the Notification of the 27th February 1845), or to the several Promotion of Police Police Divisions now constituted, as it may frequently happen, that while in one Di- " \ision or Province there is no Darogah deserving of promotion, in another, there may be more than the number for whom, under the former practice, there would have been vacancies. 5th. In future, therefore, the total number of 1st and 2nd grade appointments at the disposal of the Government will be held available for such Darogahs as desen-e promotion wherever they may be posted, and without reference to the numlx;r of offi- cers of the same grade in any one Pro\-ince or Division. 6th. A Registci- of all Darogahs of the two senior grades will be kept in this of- fice, and aU vacancies occurring in your Division through the death, suspension, degra- dation or dismissal of officers in those grades will be reported by you without loss of time. 7th. You will be good enough to furnish immediately, and hereafter anmially, with your PoUce Report, two Statements in the forms A. and B. annexed, showing what officers you consider entitled to promotion and the order in which they should, in your opinion, be promoted ; and each year's lists should be made to supersede those previously submitted. 8th. As vacancies occur, promotions •n-ill be made by the Government from the re- cord thus kept of the returns from the several Di\isions. In this manner a more sys- tematic plan of promotion will be observed, and Darogahs will be promoted, not only for single instances of good conduct, or because others of equal desert have been less prominently noticed, but on a general view of their past services and merits. 9th. Your particular attention and that of the ^lagistrates subordinate to you is caUed to the importance of obtaining the services of educated men on the occasion of all vacancies in the Police ; and as soon as the returns called for Mr. Dampier's Cir- cular of the 13th January 1853, shall have been furnished by the Magistrates in your Division, you will be good enough to forward an abstract of the results to Government. Circular Order, Government of Bengal, Judicial Department, Xo. 8, dated the 17 th February, 185-1. SUPERIXTENDENT OF POLICE, LOWER PROVINCES. 117 A. Lift of Second Grade Darogdhs in Divmon, recommended for promotion to the First Crrade. 1 i DiSTEICT. t Age. Period of service. Date of promo- tion to Second Grade. Educational qua- lification. Abstract of past history and grounds of re- commendation. i • 9 No. 15, of 1S43. * , ' G. O. 17th Feb. IS.";* No. 8. Promotion of Police Darogahs. B. List of Third Grade Darogahs in Division, recommended for promotion to the Second Grade. Name. > District. Age. Period of service. a ■3 . § 3 Abstract of past history and grounds of re- commendation. <* 1 « 2 H liy CIRCULAR ORDERS No. 16, of 1813. Circular order No. le of the 7th July, 1843, contains instructions for directing all letters addressed to the Superintendent of Police, Lower Provinces, to Calcutta. No. 17, of 18i3. No. CXXXIII. TO THE SECRETARIES OF FERRY FUND COMMITTEES. ]\T(j ]7 — Dated Kishennugger, the 7th July, 1843. Calling for a statement of the Ferry Funds at the disposal of each Committee, the expenditure from those funds, and the surplus available at the close of 1842-43. (Abstract.) No. CXXXIV. TO ALL IklAGISTRATES AND JOINT MAGISTRATES. No 18 of 1843 ^^' ^^- — Dated on the River, 24th July, 1843. Attention re- X HAVE the honor to request your most particular attention to the rules quested to rules fof j j^ j ^ fo^. the conduct of the Police in the Circular of the Court of the conduot oi the Police. Nizamut Adawlut No. 1 38, dated the 1 6th ultimo. 2. These rules should be carefully translated and made known to the Police officers, and forms prepared, such as Charge sheets, Chullans of cases, according to the new instructions so as to prevent tlie Police officers from making any mistakes. I wish each ^Magistrate on the receipt of this to forward me his view of the forms necessary from which I will draw up those fitted for the Bengal and Behar districts, and have them lithographed for distribution. 3. It will not be necessary noM' to furnish me with copies of the Roob- * K T XXV k'arrces* of convictions, commitments and acquittals in jerious cases, it will be sufficient to forward me a list, monthly, of convictions and acquittals in the following form. SUPERIXTENDENT OF POLICE, LOWER PROVINCES. 119 Convicted, vrith date. Crime. Name of Prisoner. > Acquitted, with. date. Crime. Name of Person acquitted. i No. 18, of 1843. i ^ ' 4. If any remarks are necessary they may be sent separately. Para. 3d. The following rules, framed Ijy the Superintendent of Police, are to be commu- nicated by Magistrates to the Police officers for their observance. 1st. In all cases cognizable by the Police, the depositions of the informant or plaintiff, or of both, ai-e to be immediately taken at length ; the Police officers being careful, particularly to enquire fi-om them what they saw themselves — what they learnt from others — who the persons were from whom they learnt it — the prosecutor's witnesses, and what evidence each witness is supposed to be capable of giving. In cases of dacoity, highway robbery, theft and bm'glary, the list of property ^ost must invariably accompany the plaintiff's deposition, and the above papers must be forwarded to the Magistrate immediately on being received.* 2d. The Sooruthals required ia Sections 14- and 15, Regulation XX. of 1817, or in cases of dacoity describing the appearances presented, and the facts brought to light in a prima facie inquiry, to be sent to tjie Magistrate, in place of a report, the moment they are di-awn up. 3d. Confessionsf of prisoners to be taken at length. No persons employed about the Thannalis, or Chowkeedars, Doosadhs or Chumars, or of such other descriptions, to be made subscribing witnesses to the same by the Police, under penalty of forfeiture of situation. These must always ba respectable men of tha place ; and such, if possible, as can read and write, and they should be required to question the prisoner themselves, whether he has con- fessed voluntarily to the facts stated. 4th. The depositions of witnesses are not to be detailed in the papers sent to the Magis- trate, and the summary of it to be given in the simplest form. For example, in a ease of highway robbery with murder ; buzzer Allee, Peer Biix and Oovindrain dsposed to having witnessed the deed ; Doorga, Etnoz Jan, and Ruttun recognize the property ; Sheolal and Qooroo Doss -witnessed the search of prisoner'' s house ; Sitjut Allee and Oiihgadeen saw /prisoner running ojf with a dramn sword in his hand ; Janokia Dosadh Chowlceedar arrested the prisoner and saw marks of blood on his clothes. 5th. At the bottom of this summary, the Darogah is to entsr the names of those witnesses whom he examined, but who professed ignorance, or gave evidence so unimportant, as not to require their being sent in. C.O.N. A. No. 133 of 1843. Rules for the guid- ance of Police Dai'O- * See C. O. Supdt. of Police, L. P. No. 19 of 4tli August, 1843. + SeeC. O. Supdt. of Pol. LP. No. 6 of leth April, 1853. 120 CinCULAR ORDF.nS No. 18 of 1813. 6th. Ill sending in the prisoners, at the close of an inquirj-, the Darogah to enter his *^ Y ' grounds for so doing (without any recapitulation of evidence) in the Column for remarks of See'^c'^o"^No ^^^ Chullan M. 2,* of Appendix to Kegulation XX. of 1817. LXIX.andCXXXIX. 7tli. No precise rules can be laid down for the returns to Purwannahs ; but any Police officer, unnecessarily taking up the time of the Magistrate with long reports, will be entered in the minor register, and such conduct, if persisted in, will cause dismissal. 8th. The Darogahs are informed that all e'xeuses for delay in preparing and copying out voluminous reports being obviated by tlie above rules, any breach of the Regulations in the detention of arrested persons, or any slowness in the enquiry, will be severely dealt with. They are also to report concisely, but clearly, all important ocoirrences which may take place within their jurisdiction, considering that an important part of their duty. 9th. In cases \\hen the Darogah may not tliiuk the case sufficiently proved to warrant the transmission of the accused parties to the Magistrate, he is to send in the substance of the evidence of each witness, the statements of the plaintltf and defendants, the latter taken at length, and a clear statement (without recapitulating Uny eviSence) of the grounds of his opinion for releasing the accused. Circular Order of the Nizamut Adatclut, ^'o. 138 of the I6th June, 1843. See also Circular Order, Sttpei-intendent of Police, Lower Provinces, ITo. 19 of the ith August, 1843. CO. N. A. No, 23 1- The Com-t desire to draw the attention of the "Magistrates to the necessity of enforcing of 1849. ^jjg observance of the rules laid down in para. 3 of the Circular Order No. 138 of the 16th Attention tlrami to '^ _ rules for the conduct June, 1843, abridging the proceedings of Police officers. These rules being deemed of much ^ ° "*' importance, the Miigistrates are expected to be particularly careful that they are not neglected, and to call to account such officers as may persist in not conforming to them. Sessions .ludces ~- '^^^ Sessions Judges should avail themselves of every, opportunity to point out to the should take notice of Magistrates any instances of neglect of the rules in question which thev mav observe when neglect of the rules. ^ , -r. i- • •" , " i c ■ they have occasion to refer to the proceedings oi the Police m cases comnutt<}d to the bessions or called for by them. Circular Order, Nizamut Adawlut, No. 23 of 1th April, 1849. X — Begulation XX. of 1817. Section XIV. Keg. XX. of 1817. Eules for holding inquests on occasions of murder, homicide, wounding, and unnatural deaths. Landholders and XIV. First. — The principal persons residing in villages, whether landholders or farmers others held responsi- ^j. o^j^g,. local managers, or Munduls, Putwarrees, or other heads of villages, are hereby ble for the earlv com- • • j. xi a? /• i_ munieation of" urrna- declared responsible for the early .ind punctual commimieation to the officers of the nearest tural or suspicious p^j^j^g station, of all unnatural deaths, or deaths attended with suspicious circumstances, which may come to their knowledge ; and any landholder, fanner, manager, or other principal inhabitant of a village, who may be convicted of wilfully neglecting or delaying to furnish Penalties for ncg- the information above required, shall be liable to be fined by the Magisti-ate, in any sum not ^**^'' exceeding 200 Rupees ; and in default of payment, to be confined for" any period of imprison- ment, not exceeding six months. SUPEUIXTENDEXT OF POLICE, LOWER PROVINCES. 121 Second. — In all cases of murder, unnatural or suspicious deatli, or violent and dangerous j^q m gf 1S13 wounding, the Darogah of Police shall make it an invariable rule, immediately on receiving '' y ' information, to repair in person to the spot on which the dead body, or person wounded ^^- ^^ of 1817. •" '^ 'On receiving mfor- maj have been found, or if prevented from going personally, shall depute a proper officer ; mation of such cases, and on such occasions the following rules shall be strictly observed. the Darogah shall im- '^ ' mecuatelj proceed in Third. — That they question privately in the first instance any relations, connexions, friends, person, or despatch or neighbours of the deceased, or of the pferson wounded, who may be able to state the "" " ''''^' . ° ^ ^^° * circumstances of the case ; and that they endeavour to collect, before the inhabitants shall neighbours to be ques- have assembled for the public inquest, suj3h information as may guide theii- inquiries in the ''""^'1 '" '^^ ^'^^ "'■' conduct of the investigation. • Fourtli. — That they question the individual wounded, and require him, if he is able to Individuals severe- speak, to name and describe on oath the person by whom he may have been wounded ^^ wounded, to be '■•'•'- ' required to describe the names of the persons present when fhe act was committed, and, generally, the circum- the circumstances on stances under which the crime was perpetrated, oath. Fifth. — That they esamiiie the Uody of the person wounded, or, in cases of death, the dead Bides for inspect- body, with a view to ascertain the number of wounds or other corporal iniuries : the length ^" "^*, ^°'^^ "i '!"^ ^ ■" ' ^ ' deceased, or of the breadth, and depth* of each ;^ with what weapons the wounds or hurts may have been given, wounded person. and the parts of the body in which they may have been received ; and that they record the * Wounds not to same either at the foot of their Suoruthal or report, or on a separate paper to be annexed to ^ Pg°'"'^*'^g^?"'^*'*'" the report. Sixth. — That they describe particularly the spot on which the wounded person or the dead Rules for the de- body may have been found ; and that .they report whether the crime appears to have been ^'v^^^'.',"^^} " b J ^ t committed on the spot, or whether the individual wounded, or the dead body, appears to have found, been brought and laid there ; also in cases of alleged suicide or of accidental death, whether the circumstances under which the body may be found are such as to warrant a conclusion, that the deceased had met with his death from his own hands, or by misadventure, or whether any, and what grounds may exist for believing the deceased to have been killed by the hands of others ; and further, that they ascertain the name of the person wounded or of the deceased, if any person present should recognize him. Seventh. — That if the person killed shall appear to be a stranger, and his name shall not be If the deceased be ' known, they endeavour to ascertain where he was last seen, or where he slept the night before, tain where he was last Fighth. — That in cases in which the offenders may not be immediately discovered, or the seen. cause of the murder or unnatural death or wounding may be unknown, the PoUce officer , -^.^ '''^, oflenders ^ ^ shall not be speedily conducting the inquiry, endeavour to trace whether any enmity, iU-wUl, jealousy, or other, discovered, to ascer- cause of dissension, subsisted between the wounded or deceased, and any other person or '''"ti.'"''^'-"'""'" ."^jy per- persons in the neighbourho6d, and if so, the particulars of the disagreement ; when and under hood bore enmity to what circumstances the wounded or the deceased, and the persons said to bear him ill-will, may last have been seen in company, and whether any and what angry expressions had been used When the unknown by the parties ; moreover, in cases in which there may be reason to believe, that the unknown °°"^^''''^ " supposed offender has received any wound or other corporal injury from resistance in the perpetration ed, to eiamine the of the crime, they shxU question the hujjams, village surgeons, washermen, or other persons "^^euus'.""'"^ ^ ""^ residinc in the vicinity, who, from their profession, may be likely to afford information leading to the discovery of the oiSfender in such cases. Xinth. — That the above inquiry be made and committed to writing in the presence of ^"^ Sooruthal to ... .... Ill ''^ attested by the creditable people, resident on the spot or m the neighbourmg villages ; and that they require Darogah or Police of- 2 I 122 CIRCULAR ORDERS No. 18 of 1813. ^ sufficient number of persons )>resent to subscribe their names to the paper, which is likewise ^ -y ' to be attested by their own signature, and forwarded witliout delay to the Magistrate. Kogii. XX. of 1817. Tenth.— In cases of murder, it shall be the duty of the oflScers of Police to endeavour to cnt I'minbor" of people obtain and secure the weapon or instrument with which the crime may have Ijeen committed, who limy have been ju order that the same may be produced and identilied at the further stages of the iufiuiry or - ' , , trial for the offence. In eases of murder, the instrument or Eleventh.— In cases of wounding, the Darogah or other Police officer, conducting the eu"ifnos9ible ^"^°*^'"^ inquiry, shall endeavour to obtain for the person wounded such surgical assistance as may be Assistance to be procurable, and, if the wounds are severe, the individual wounded shall not be moved or sent proeurcd for wounded ^^ ^j^g Ma^nstrate's Court, imtil he may be able to travel without inconvenience or risk. The person. _ ° _ " _ Not to be moved so PoUce officers are further directed to notify to the inhabitants, as occasion may offer, that, long as risk attends it. jn the event of any person being wounded by robbers or others, in such manner that he cannot be conveyed to the thannah, without hazaid of his life, it is not necessary to remove such person from the place where he can be best taken care of, but that immediate notice must be given at the thannah, that the Police officer may proceed to the spot, in conformity with clause second of this section, and make the inquiry therein prescribed. Eulcs for the dis- Twelfth. — In cases of murder or unnatural death, the Poli'.'e Darogah shall, on ordinary posal of tlie body, in . ,,,...., cases of ram-der or occasions, when he has completed his inquiry, either make the body over to the charge of the unuatiu-al death. relations of the deceased, or shall cause it to be buried, or burnt on the spot, as the usages of the coimtry and religious persuasion of the deceased may render proper ; and it shall not be considered necessary to send the corpse for the inspection of the Magistrate ; except in cases of murder by poison, or on occasions where the injury sustained by the deceased may be of a doubtful nature, reqtiiiing the inspection and report of a Surgeon, in which cases the Darogah shall, if the state of the weather and the distance from the Magistrate's Court will admit of the body being transported without risk of putrefaction on the road, forward the corpse covered with a cloth, in the most decent and expeditious manner practicable, to the Magis- trate's place of residence. A: Beguhtion XX. of 1S17. Section XV. Inquiries to be made by the Police officers in cases of Gang-robbery, Burglaries, and other heinous offences. In cases of robbery xV. First. — In all eases of Gang-robbery, or other robbery by open violence, as well as in by open violence, and . . \ . , ■ y ' \ ■l c ■l certain other heinous every instance of a heinous cnme, attended with a violent breach of the peace or other otTences, the Darogah circumstances of agarravation, the Pohce Darogah, in whose jurisdiction the otfence may occur, will proceed to the '-^ o » j ,. i spot or despatch an shall, if practicable, proceed in person to the spot without delay, transmitting an immediate '■'^'' report of the occurrence and of his departure from the thannah, for the information of the Magistrate. If unable to proceed in person, or if the case be not of a heinous nature, nor attended with circumstances of aggravation, the Darogah shall be at liberty to depute a fit person from among the officers acting under him, to ascertain the facts and circumstances of the case, and to procure all the information wliich it may be practicable to obtain for the discovery and ajipreheiision of the oti'euders. Detail of the inqni- Second. — The Police officer making local inquiries of the description specified in the pre- nes to be pursued in „ , . , , , , ,',,,. Buch cases. ceding section, shall be careful to ascertain and record the day and .lour when the fact was committed, the situation of the place, the names and description of any pci-sons who may have been recognized as the perpetrators of the crime, by whom such persons have been seen and known, and the names and description of any person suspected of being concerned in the SUPEniXTENDENT OF POLICE, LOWER PROVINCES. 123 offence committed, with the grounds of such suspicion. Also a full recital of the manner in jJq Qf ig 1^4.^) which the crime has been effected, and in cxses of robbery, of the articles of property plunder- *• y ' ed ; the direction in which the robbers may have fled; whether they had torches, and any, Kegn. XX. of 1817. and what arms ; whether they attempted to conceal their persons during the robbery ; whe- ther any arms or articles of property belonging to the robbers were picked up after the out- rage ; and if so, whether any person ui the neighbourhood has recognized such articles ; whe- ther any number of persons were known to have assembled at any liquor shop, Fakeer's Muth, or other place immediately preceding the occurrence of the robbery, and, if so, the general character of such persons ; whether the landholders and farmers or their local agents took any and what measures, immediately after the occurrence, for the discovery and apprehension of the offenders ; whether the village watchmen were present, and shewed a proper decree of attention and ahicrity on the occasion, or otherwise ; whether there are any persons of notori- ous bad character in the neighbourhood, or;persons who have before been punished for robbery and discharged from Jail ; and, if so, where such persons were at the time of the commission of the offence. ' ' Third. — The foregoing inquuies shall be made and committed to writing on the spot. Such inquiries are in the form of a Sooruthal or report, and in the presence of three or more creditable inhabi- *° .,'?'' "onmuttcd to •' '■ _ '^ ^n•ltmg, aud attested tants of the neighbourhood, by whom it shall be attested, and the papers shall be forwarded by three or more re- without dela\' for the information of the Magistrate. oniie nelfhbourhood' Fourth. — It shall further be the duty of the Police officers on occasions of the description Caution against in- above mentioned, as well as in cases of murder and unnatural death, to api)rize the persons foi"i»ation bemg with- , held m the first in- present at the inquiry, that their suppression or denial of any knowledge, which they may stance. possess relative to the perpetrators of the crime, wiU tend to invalidate their testimony, in the event of their deposing to such knowledge at a future period. They shall, at the same time, give encom-agement to all persons, not accomplices or accessaries, who may have been present at the commission of a crime, to make a fuU communication of every fact and circtmistance within their knowledge, respecting the offenders, and shall take their information or evidence with such precautions of secrecy, as maj' be deemed requisite, where persons supposed to have recognized any of the offenders may appear to be deterred from publicly naminc them, under fear of the consequences, if the parties should not be apprehended. JPifth. — The Darogahs of Police shall invariably report to the Magistrate every instance of Instanoes of bnr- biu-glary and theft, which may be brought to their knowledge or otherwise, as well as of the atu^mptT'shidl'Ve re- attempts in which the offenders may not have succeeded in carrying off property. ported. ^ixtli. — In cases of burglary, the Police officer conducting the inquiry shall attend to the Accuraey to be ob- foreo-oin» instructions, regarding inquiries in cases of robbery, as far as the same mav be applica- served in the date of ^ ° ,.. /.ill -lii^-L'ii^i '"^ ottence and de- ble, and shall be careful t6 ascertain aud report the tune ol the day or mght at which the scription of tlie oir. offence was perpetrated, and the means used in effecting an entry into the habitation, ami if by oiunstances. breaking or cutting through a wall, mat, or other partition, the length and breadth of the aperture, also whether the house or apartment into which a burglarious entry may have beea effected is used as a place of residence, or for the custody and preservation of property. Seventh. — Police oficers making inquiries in cases of robbery, bm-glary, and theft, shall Information to be require the vilhige Chowkeydars, the landholders and their agents, and the ,inliabitants of the ^^'^"^ ai^'otii^'re.^" place, where the offenca> may be committed, to state whether they suspect any ami what persons, of having committed the offence ; and if so, the grounds of their suspicion, after wliich, thev shall take the necessary measvu-es to ascertain how far such suspicious may be well founded, and where the persons suspected may have been at the time the crime was perpetrated. 124 CIRCULAR ORDUKS No. 18, of 1843. The direction in clause fifth, section It, llegulation XX. of 1817, to ascertain tlie length, V breadth, and depth of wounds, on the bodies of wounded or deceased i)erson.s, havine been C. O. N. A. No I » o of 18 1.7, considered to authorize Police officers to probe wounds, the court are pleaacd to prohibit the Police oflicora how p,.actice, and to intimate that Police officers are expected to report merelv from inspection, to report on womms ' 1 1 . r t of wounded or de- the apparent length, breadth, and depth of wounds. C. 0. Nizt. Adtcl. No. 9 doled loth June, ccaied persons. 1847 No. CXXXV. TO ALL MAGISTRATES AND JOL\T MAGISTRATES. No. 19, of 1843. No, 19. — Dated Balligunge, 4th August, 1843. Omission in Po- J[ BEG to bring to vour notice that there is an error in the litho- Iice nues 111 JSiza- . iiiut Adawlut, Cir- graphed Police Rules forwarded ^vith the Circular of the Xizamut Adawlut, r3s"of^l6th'jmie No. 1 38, of the 16th June. After the word received at the close of the 1843. Wieu Da- 1st clause of the rules, the following words should be entered, " or at latest roerahs are awav vi • ... 1 1 <■ .,1 • t c ^\ • \ ■ •.» '> Irom their than- '"'ithin twelve hours iroin the period or their being written. rahs they are to 2. To the Rules also the following should be annexed. to the Mao-istrate. " The Darogali when engaged in the mofussil is to forward daily to the* * See 0. o. Supdt. Magistrate a memorandum of his proceedings in the most concise form. of PoUec, No. 13 of " *^ ° the 22ud June, i8i3, For example. and No. 23, dated .^.r -^ 1 -^ rt » n -n 11 'i-i 'n /-> ^ tr> 1 12th October, I8i3. May 2nd, 1843. Passed the night in the village Cutcherry at byudpore, at 10 A. M. proceeded to Mouzah Ramnuggur, and examined the Putwar- ree, head-ryots and others named in the margin regarding the bad characters in their village and their whereabouts on the night of tlie robbery ; re- turned to Syutlpore at 5 p. m. May 3rd. Arrested Sheolall, Ram Buxsh and Deen Tewarrec, took their replies and confronted them with the plaintiff' Gungadeen and the witnesses named in the margin, who I'ecognized them as concerned in the dacoity ; searched their houses and found property as per list recognized by prosecu- tor and his witnesses. SUPERIKTEXDEXT OF POLICE, LOWER PROVINCES. 125 No. CXXXVI. TO ALL MAGLSTRATES AND JOINT MAGISTRATES. No. 20>— Dated Balligunge, 4th August, 1843. Xo. 20, of 1S43. i HAVE the honor to request your attention to the necessity for furnish- Xecessity of ing me quickly with all reports, exi^Ianations, or proceedings, which I may pi'omptty meeting „ . . ' . . requisitions of Su- call,ior on petitions, or other causes, as in many instances I have observed perintendentofPo- great delay in complying with my injunctions. ^*^®- No. CXXXVII. TO ALL MAGISTRATES, JOINT MAGISTRATES AND THUGGEE ASSISTANTS, LOWER PROVINCES. No. 21. — Dated Balligunge, 7th September, 1843. No. 21, of 1843. Jl have the honor to transmit for your information the accompanying Cii-culatino- co- ■printed copv of statements' made by Kechucks before Capt. Marsh and myself, pies ot depositions ' . . . and statements of as well as other papers regarding dacolty, and to request that you will en- Kecliueks and deavour to identify the offences therein given. °*^'^^^" *^*co'*^- 2. The statements of 'Deola and Soonder Singh made before me, were taken at Dacca, and these two Kechucks, who had been arrested with many of their tribe there, were quite ignorant of the previous arrest and state- ments of others of their tribe, and the recognition of their language and habits was made by three Budduck approvers who had no intercourse with them previously, and were not aware of a siaillar recognition having been made by other Budduks at Poorneah in the cases of Nohouden, Fuquera, Jhandee Khan, &c. so dhat the identity of the two tribes may be considered completely established. 3. The conversations with Bokai and others regarding dacolty and the statements of Kalachand Chung are intended to call the attention of the Magistrates to the existence of a league between farmers, petty landholders, inuudles of villages and dacoits, as well as the knowledge on tjie part of the Police of the existence of such combinations, and to Induce further enquiries into this important subject on the part of all the IMagistraies. It may be local or confined to those districts where the sub-letting system is carried 2 K -Y" 126 CIRCULAU ORDEKS No. 21, of 1813. very far; at any rate it seems to be more prevalent In those than in others ; but you shouhl make enquiries regarding the existence of such a league and report to me. 4. If you examine some of your prisoners in jail, taking care to keep those examined separate from the rest, you will probably obtain some clue to the information required. No. CXXXVIII. TO ALL MAGISTRATES, JOINT MAGISTRATES AND THUGGEE ASSISTANTS, LOWER PROVINCES. No. 22, of 1843. No. 22. — Dated Balligunge, 7th October, 1843. Circulating co- J^N continuation of my Circular No. 21, dated the 7tli ultimo with its pies of the deposi- , t i i i • i • • •■ tions of certain enclosures, 1 have the honor to transmit to you the accompanying printed dacoits. j>Qpy ^f g deposition made by Bokai regarding the dacoities hi which he had been engaged, that you may perceive the manner in which information as to their associates in crimes should be obtained from prisoners. 2. In addition to such statements, the prisoner should be questioned and encouraged to state the mode or system of arranging for and peri^etrating crimes amongst the classes connected with him, whether they are protected by influential persons, if they pay the Police, and if they have a regular as- sociation for the purpose of committing robberies. 3. All information- obtained in this way from prisoners or others should be submitted to me for record and consideration in this office, and you should remember that information obtained as above, cannot, without other circum- stances, be taken as evidence against any party named, although there can be no objection to your endeavoring to corroborate the statement of the prisoner by private enquiries on your part amongst those named by him, to your sending for whom there can be no objection, nor to your examining them. SUPEUIKTENDENT OF POLICE, LOWER PROVINCES. 127 No. CXXXIX. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 23. — Dated Balligunge, 12th October, 1843. ^ No. 23, of 1813. i OBSERVE that the Darogalis and other Police officers report to me Darogiihs to re- every time that they quit their Thannahs for the most insignificant case, poii^g diiec't on- and that they also repo';t to me the occurrence of every* theft and burglary ly "^ serious cases. in wliich no prosecution is wished for by the person whose property has cxxx^iv. ' ' ° been stolen. * 2. This gives me and the Police needless trouble and burdens the dak much more than is nectssary^ and as I receive froui you monthly returns of crimes of every kind, as well as the form No. 4, laid down by clause 1 2, Section IX. Regulation XX. of 1817,1 from the Darogahs, I request that t See c. o. No. '-' . LaIX. page 59. you win direct your Darogahs to report at the time to me the occurrence of serious cases only, such as murders, ducoities, affrays, highway robberies and heavy burglaries and thefts. ' No. CXL. TO ALL MAGISTRATES, JOINT MAGISTRATES AND THUGGEE ASSISTANTS, LOWER PROVINCES. No. 24. — Dated Balligunge, 31st October, 1843, No. 21, of 1813. I HAVE the honor to forward for your information and guidance copy of a Supt of PoKce . . „ ,, TT 1 o m I 11 msiy oner rewards letter No. 1611 of the 16th instant, from Mr. Under-Secretary TurnbuU. ^^ ■'g^tent of Rs. 500 for apprelien- ^, 1 p Tt 1 t siou of offenders, From A. Turnbull, Esq. Under-Secretary to the Government of Bengal, to Magistrates may do W. Dampier, Esq., Superintendent of Police, Lower Provinces, No. IGll^ dated so in emergency. \Q,th October, 1843. I am directed to aclmoAvledge the receipt of your letter No. 2151, dated the 7th instant, suggesting that authority may he placed in the hands of some officer for sanc- tioning the ofFer of rewards for the apprehension of offenders, and to inform you in reply that the Hon'ble the Deputy Governor of Bengal has been pkased to delegate that authority to you, witlun youi- jm-isdiction, up to the extent of Co.'s Rs. 500. /^ 2. You are, however, requested to inform the ^Magistrates under your control, that in cases of emergency,' they wUl exercise their discretion in offermg rewards up to the above mentioned amount, reporting their having done so immediately to you, who may ratify, amend, or annid their orders, as you think fit. 128 CinCDLAU ORDERS No. CXLI. I'O ALL MAGISTRATES AND JOINT MAGISTRATES' No. 25, of 1843. No. 25. — Dated Balligunge, 3rd November, 1843 Magistrates to \_T having come to the knowledge of the Government tliat the DiifTadars the duffadars\m- employed by the Emigration agents, are provided with a species of perwannah ployed bv the emi- by them, addressed in English to the Judges, Magi.-trates, and Collectors of q ration agents, as , .,, , , . , -, ^ . , i i-. i r -r. i- thcv carry a pur- the zillahs, but in the Native languages to the Darogahs or I'olice, zemin- waunah ot authon- jj.,pg jjj^j Others, for the Tiurpose of securing them from interruption, and it tv whiuh thev might abuse. ' being extremely probable that such perwdnnahs are represented by the men to the ignorant people as official documents giving them some degree of authority in their proceedings, I am directed to acquaint you that you should be on the alert to detect and bring to punishment any dufTadar or other person, who being in possession of a document of this nature, may practice fraud, extortion, or oppression of any kind upon the people. 2. You will discourage the use of these papers or perwanuahs and keep so strict an eye upon the movements of those who bear them, as that they may be made aware of their producing no real advantage, but on the con- trarj'', exposing them to suspicion and distrust. No. CXLII. , TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 26, of 1813. No. 26. — Dated Balligunge, 11th November, 1843. vyALLING for returns of the number of peons retained at enchThannah, and the number of cases within the past twelve months, in which each Darogah has been called on, under Section XXVII. Regulation 20 of 1817 to depute peons to aid in distraint for rent. (Ahstrucf.) No. CXLIII. TO ALL MAGISTRATES, JOINT MAGISTRATES AND THL'GGEE ASSISTANTS, LOWER PROVINCES. No. 27, of 1843. No. 27. — Dated Fort William, 18th November, 1843. Official commu- J^ HA\^E the honor to forward for vour information and guidance copy of nications to be • a ij SUPERIXTENDENT OF POLICE, LOWER PEOVIXCES, 129 a letter, No. 1660 of the 6th instant and of its enclosures from Mr. Under- No. 27, of 1843. Secretary Turnbull. J From A. Turnbull, Esq. Under-Secretary to the Government of Bengal, to W. Dam- pier, Esq., Supei-intendent of Police, Lower Provinces, No. 1660, dated 6th Novem- ber, 1843. I am dii'Bcted by the Hon'ble the Deputy Governor of Bengal to traaismit herewith copy of a letter fi-om the Ujider- Secretary to the Government of India, in the Foreign Department, jS'o. 237, dated the 28th idtimo, and of its enclosui-e, containing instruc- tions for rendering otScial commimications intelligible in themselves, without reference to other documents, and to request rtiat; you will adhere to the ordei-s therein contained, and give similar directions to the jNIagistrates and Joint ^Magistrates subordinate to you. Fi'om W. Edwards, Esq., Under-Secretary to the Government of India, to F. J. Halli- DAY, Esq., Secretary to the Government of Bengal, No. 237, dated ilSth October, 1843. By direction of the Governor- General in Coimcil, I have the honor to transmit for the information of the Hon'ble the Deputy Governor of Bengal, the accompanying copy of a Cu-cidar Letter, No. 999, issued imder this date, with a request that corre- sponding instructions be famished to the several officers subordinate to the Govern- ment of Bengal, with respect to their correspondence. . ^ — made intelligible in themselves without reference to other documents. Circu'iar, No. 999, of 28th October, 1843. The Governor-General in Council directs, that hereafter aU servants of the Govern- ment, who may have occasion to refer in their letters to any numbered paragraphs of letters received, v,-\\l in the margin state briefly the substance of the several paragraphs to which they so refer. 2. Eveiy letter should, as far as possible, be made intelligible in itself without reference to any other document for the elucidation of its meaning, and great incon- venience to the pubUc sernce, besides that of delay, may occasionally arise from the letter containing the paragraphs referred to, not being within the reach of the person to whom the letter making such reference is addressed. See Circular Order, 'Superintendent of Police, Lower Provinces, No. 10, of lOth Feb-' ruary, 1838, and 7 of the 18th October, 1848, ' 2 L ]30 CIRCULAR ORDERS No. CXLIV. TO ALL MAGISTRATES, JOINT MAGISTRATES, AND THUG- GEE ASSISTANTS. No. 28, of 184:3, No. 28. — Dated BalHgunge, 21st December, 1843. Circulating state- J. HAVE the honor to forward to you the accompanying printed statements Ets."'^ '■'*'■*''''" made by Churn Doss and others before Mr. Mytton and myself, by which you will perceive that there exists a large community, the members of which resort to these provinces for the purpose of stealing, by which and mendican- cy they and their families subsist. 2. In case of your finding any such persons resorting to your district, you should treat them as vagrants, and cause ,;themc to return to their own places of residence. Tlie statements are omitted for the reason given at page 110, at the bottom of C. 0. No. CXXVIII. No. 29, of 184.3. Circular order. No. 29, of the 22nd December, 1843, intimates the intention of the Superintendent of Police, Lower Provinces, to proceed on a tour through the districts of Hooghly, Burdwan, Bancoorah, Beerbhoom, Moorshedabad and Nuddeah. No. 1, of 1844. Convicts not to No. CXLV. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 1. — Dated Hooghly, 6th January, 1844. X HE Hon'ble the Deputy Governor of Bengal is averse to tlie employ- be employed at a ment of parties of convicts at a distance from the Sudder Station excepting tions'^'^^ il°en ^\t ""der very particular circumstances. I have the honor to direct that you employed, a special recall any parties you may have sent out under my instructions, and report to^Supt.°of PoUce!^ to me both now and in future, all particular cases in which the employment of such parties may be of so much public use as to render it expedient to detach them, that I may refer the subject for the consideration of the Go- vernment. IRCULAR Order No. 3 of the 7th March, 1 844, circulated a form in which No. 3, of 1844. the Superintendent of Police, Lower Provinces, required recommendations for the promotions of Darogahs of Police to be made to him ; the form has been superseded by that circulated by Government Circular Order No. 8 of the 1 7th February, 1 854, which will be found at page 115. No. CXLVII. TO ALL MAGISTRxVTES AND JOINT MAGISTRATES. No. 4. — Dated Berhampore, 12th March, 1844. No. 4, of 1844. T HE Hon'ble the Deputy Governor having been pleased to dispense Halfjearlystate- ., ,,,• 11 1 1 • n !•• 1 nients of crime su- with my hair yearly 'reports and to admit or my substituting an annual pciseded In- annual report in their place, I have the honor to acquaint you that I shall not re- r^-'tm-ns. 132 circulah onDEns No. 4, of ISll. (juire the half yearly statements at the close of June, but you must prepare ""V with the greatest care, annual statements according to the same form ; and I beg your particulai* attention to the definition of crimes under head 4 1 of form I. 2. You will continue of course to submit the monthly statements and reports of all heinous crimes as they occur. See Circular Ordtr, Svperintendtnt of Police, Lower Provinces, No. 6 of lOth May, 18-15. No. 5, of 184^. . No. CXLVm. . TO ALL SESSIONS JUDGES. No. 5.— Dated Berhampore, 12th March, 1844. Half yearly state- V\ ITH advertence to my Predecessor's Circular Letter No. 37 of 1838,* ment lequiied by j Jj^ye the honor to intimate that it will be unnecessary for you to furnish Circular Order JNo. ■ ' 37 of 1838, to be my office in future with the statement thereby required half yearlij. An staJemit^^ ^'"'^^ annual one of the same form will suffice. ♦ Ko. XLin. No. CXLIX. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 6.— Dated 19th March, 1844. Ko. 6, of 1844. Magistrates not INSTANCES having occurred of Magistrates issuing objectionable Circu- to issue Ciiculais \^^ Orders to Police officers, I have the honor to acquaint you that the to the Police with- . . , . . . , i • i • i f • • i „ , out sanction of magisterial authorities are strictly prohibited from issuing any orders of the Supei-mtendent. j^j^j^j whatever till drafts of them have been submitted to and approved of by the Superintendent of Police, or, in important matters, by the Govern- ment. See c. o. No. 3, of 2. This rule has been now made imperative by the orders of the Hon'ble 28th January, 183S. ^^^ Deputy Govcmor of Bengal, and it will be my duty to bring to His Honor's notice any breach of it on the part of magisterial authorities. SUPERIXTENDEXT OF POLICE, LOWER PROVINCES. 133 Para. 5. The Governor General iu Coimcil takes this occasion to inculcate the propriety of -jt r. „f 1041, great caution and reserve in addressing publications of a general nature to the inhabitants of i I the provinces, and His Lordship in Council considers it extremely desirable, that the Magis- Magistrates to be ,i,,p.» ■ I- r^ '^^'^ cautious in ad- trates should refrain from such measures, without the sanction of Government, when such sane- cU-essing publicatioua ^on can be obtained without material ))ublic inconvenience, or at least without the knowledcfe o'*. general nature to ^ _' _ _ ° the inhabitants of the and concurrence^of the nearest local authority to which they are subject, viz. the Courts of province. Circuit, or the Political Agents of the G-overnor General in eases suited to such a re- ference. The Governor General in Council is sensible that emergencies may arise which may render even the delay of a reference to the Court of Circuit inconvenient and objectionable, but, in £^1 practicable cases ho desires that such reference may be made ; and that when the time will admit of it, the case be invariably submitted for the decision of Government itself. — Letter from Government to Acting Magistrate of Behar, dated 25th April, 1812. I am desired to forward to you the accompanying extracts (paragraphs 273 to 2S0) from „J^' ?' •■009 the report of the superintendent of police in the western provinces, for the j-ear 1820, and an Directing magis- extract (paragraph 4) from a ktter this day written to the officiating secretary to Government, ^ IssuhKr" circulars ia the judicial department, by order of the Com-t. to tlie pohce and ze- 2. You are requested to furnish the several magistrates within your division, with a copy nish the superinten- of these extracts, for their information and guidance. dents with copies of thera;thoseauthoritie3 reconimending to the TT. /-Ttv.- 7 f T, T • 1 TT' T. • /.I proTiiicial courts the l-xtract J rom the Report oj the kiqjei'tntendent of Fouce in the li estern Provinces, for the reversal of any they year 1820. ^^'^- ''''®'" objection- ' t/ ~ • able, and coinmunicat- Paha. 275, I shall now beg the attention of His Lordship in Council to a practice, which I opinion between them have reason to think, prevails throughout the country. I allude to the issue of circular orders ^''"^ '''^ provincial „■ ., courts to the Kiza- by the magistrates, for the guidance ot the police omcers and zemmdars. mut Adawlut. 276. Although Eegulatioii' XX. 1817, apparentlj' defines very particularly all the duties to be performed by the police officers, there will always be some minute forms of proceeding, in which the magistrates are fully justified in issuing instructions, although not actually enjoined by the above quoted or any other regulation ; but as these cii-cular orders are intended to have, and ought to have, all the effect of laws, it appears to me absolutely necessary, that the magis- trates should not be allowed to issue them without the previous sanction of the Government, unless they should be for the purpose of publishing a regulation or rule of a superior court. 277. A circular order of the Nizamut Adawlut, dated May 7th, 1812, communicated to the magistrates the desu-e of Government, that they should refrain from issuing publications of a general nature to the inhabitants of the provinces ; but I do not think that these orders have been much attended to, for very numerous circular orders have been issued by the magis- trates in these provinces since that date, without any previous reference, and many of them are addressed to the inhabitants generally, as well as to the police ofiicers. 278. There is a jjole which I think every magistrate ought to impose upon himself, that of never issuing an order which he cannot enforce, or of threatening what he has not power to execute. A strict ol^servance of this law will teach the magistrate to weigh carefuUy every order he gives, and prove to the inhabitants of his jurisdiction that his word is always law, and that implicit obedience is the best poHcy. It wiU be at once seen how dangerous this uncon- trolled license to legislate must frequently prove, when not checked by sound judgment and 2 M L. 134 CIRCULAR ORDERS No. 6 oflSl-t. discretion. The magistrate perceives what he conceives to be wrong, and a ^eat inconveni- — y ^ ence to the people themselves ; he immediately reforms it by a circular order, to which he can- not enforce obedience, even if he can ascertain that it is disregarded, which he fretjuently can- not. Such an order is one to the following effect, issued by a magistrate in the upper province* in March 1820. " It appearing, that vai-ious descriptions of weights and measures are used jn the district, and it being proper that they should be reduced to one standard, it is ordered* that the seer shall consist of 9G sicca weight, and the j-ard (guz) of two hauths, and that these weights and measures be sealed with the seal of the court, and that any one using others shall be punished." This order is calculated to have no other effect than that of lowering the magistrate in the opinion of the people, for they will not obey it, and he cannot enforce it. The following is a greater stretch of power, and in my opinion not only altogether illegal, but in many parts higlily objectionable. '" The putwarees are directed to keep a descriptive list of the cattle in their respective villages : no sale of cavile to take place on a road or plain : cow- keepers to inform when stray cattle come among their flocks : when a sale of cattle takes place, the putwaree shall grant to the purchaser a certificate descriptive of the cattle, and containing the name of the seller : he shall also enter all this in a book, kept for the purpose, and receive a fee of two pice on every sale. When newly purchased cattle shall be brought to his village, the putwaree shall enter their description in his book, and receive one pie. If any person brings an ox or cow to the village, without a certificate, the putwaree shall inform the darogah. The putwaree shall also make a list of the people residing in his village, men, women, and children, and of their cattle." 279. Now the magistrate has certainly no authority, which allows him to invest the put- warees with police powers, and to demand fees ; nor could he punish any one for disobeying his order, which seems to me calculated to harass and annoy tne people much more than the offence which it was intended to prevent. Another magistrate, not satisfied with directing the general appointment of village chokeedai-s, issued an order, that they should be dressed in a particular uniform, to distinguish them from the other inliabitants. 280. I submit the above as specimens of cu-cular orders, and if they are not sufficiently de- monstrative of the expediency of checking the practice of issuing them, I could produce many more equally objectionable. But on general grounds, that the magistrates should not impose laws, without the sanction of the Government, I beg leave to recommend that it be ordered, that every circular order, which the magistrates may think it necessary to issue, shall be sub- mitted through this office, for the approval either of the Governor General in CoimcU, or o( the Nizamut Adawlut ; and that the order be not published until sanctioned by one of those authorities. Extract of a letter fmm the Acting Eegister of the Iflzamut Adatcltit, to the Acting Secretary to Government in the Judicial Department, dated IQth August, 1822. Paka. 4. The Court beg leave to exi)ress their concurrence generally in the opinion enter- tained by Mr. Ewer, as to the impropriety of circular instructions being issued bj- the magis- trates ; and, with the view of checking the prevalence of so objectionable a practice, the Court have resolved to circulate to the several magistrates, through the court of circuit, those para- graphs of Mr. Ewer's letter which have relation to the subject ; to snjoin them, at the same time, to be particularly cautious in the promulgation of general or circular orders, and to fur- nish the superintendents of police immediately on their promulgation, with a copy of all orders of the description, which they may deem it necessary to issue. The superintendents of police SITPEniNTEXDENT OF POLICE, LOWER PROVINCES. 135 will also be requested to commiuiicate to the pro^-incial courts of the several divisions, with a i>io. 0, ot lb4i. view to their reversal, any orders of a general or circular nature, issued .by the magistrates, whicli they may consider objectionable ; and in the event of any difference of opinion between those authorities, as to the tendency of such orders, to refer the point to this Coiu-t for final adjustment. — Circular Order, Xizamut Adawlut, No. 264, dated \Qth August, 1822. ~v^" v^lRCULAR Order No. 7, of the 26th March, 1844, contains instructions No. 7, of 1844. for letters for the Superintendent of Police, Lower Provinces, being ad- dressed to him at Balligunge. C IRCULAR Order No. 8, of the 17th April, 1844, circulated printed copies Xo. S, of 1S14. of depositions of Ramjeet.j and Ghurreepa, two notorious leaders of the Bud- duck tribe. C IRCULAR Order No. 9, of the 19th April, 1844, contains instructions Xo. 9, of 1S44. for all Magistrates and Joint ^Ligistrates recalling to the Sudder Station, gangs of convicts who were employed in the interior. See marginal note at page 51. I No. CL. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 10.— Dated Ballygunge, 27th April, 1844. y^ 10^ of ^^^^ T appearing that in some districts there is a practice of retaining a num- Check on the ber of peons at the thannahs, for the ostensible purpose of aiding in the n^^JfooreT* "^ distraint of property under Section XX VJ I. Regulation XX. of 1817, I beg b' the Police. to call your attention to the irregularity of such a practice, which must lead to much extortion a'nd oppression towards the people, and to request that you will only leave with the Darogah badges sufficient for him to use as he may liave occasion. 136 circui.ah orders No. 10, of ISlt. 2. Tlie retention of these unsalaried officers at the thannahs leads to their constant illegal employment in police matters and to the demand of tulubana in such cases. y ^ ' 329, of 1827. The Court of Nizam\it Adawlut direct me to forward to you the accompanying copy of an Instrueiioiis re- pxtr^ot (paragrapli 8) of a letter to mj- address from the Secretary to Government in the employment of muz- Judicial Department ; and to request that you will circulate the same to the sevaral Magistrates ^ ' '^ ■ in j'our division, witli instructions that thej' conform to the mode of proceeding therein ■pointed out, with regard to the employment of muzkooree peons. ^Extract of a letter^ from the Secretary to Government in the Judicial Department, to the Register of the Nizamut Adawlut, under date the 30th of August last. O. O. 30th April, Para. 8. Th3 Vio3-Preside;it in Council concurs with- the Court, that it would not be expedient to issue any general prohibitory orders against the use of muzkooree peons ; at the same time, with a view to check as much as possible their employment in cases not strictly provided for in the Ecgulations, His Lordship in Council conceives, that it would be desirable to instruct the Magistrates to require the Darogalis to report, whenever they may employ persons of that description ; stating their reasons for so doing, and by whom the tulubana or diet allowance (whicli should in no case exceed the rate specified in Clause 7, Section 27, Eegulation XX. 1817,) may have been defrayed. — Circular Order, Nizamut Adawlut, No. 329 of the 3rd October, 1827. 1827 Hegulation XX. o/"1817, Section XXVII. Distraint for Arrears of Zand Bent. Keg. XX. of 18 17. First. — Section S, Regulation 3, 1812, is hereby rescinded, and the provisions contained in Sec- Provisions of for- tions 9, 10 and 11, Eegulation 7, 1799, in Sections 9, 10 and 11, liegulation 5, 1800, and in Sec- nier regulations mo- ^ . . , ' . dified. tions 17 and 19, Eegulation 28, 1803, as fai- as they authorize any aid to be given by the police officers to distrainers, for aiTears of rent, are declared subject to the following modifications. Darogah shall issue Second. — Landholders, fai'mers and their local agents, or other persons empowered by the regu- a written process up- j^^jjjjg j.^ (Jigtrain for arrears of land rent, who may be opposed, or may be apprehensive of resist- ance made or appre- ance in effecting the regular distraint, or in maintaining possession of property previously dis* i/xd distriuiier. ' trained, are authorized to apply to the Darogah of the thanuah, in whose jurisdiction the property may be, for assistance in making or maintaining the regular distraint ; and the Darogah, in order to support the distrainer and to prevent a breach of the peace, shall, on the distrainer certifying on oath or by a solemn decLu-atiou the opposition he has experienced, or the resistance which he apprehends, depute a muzkooree peon, with a written process, bearing the seal of the thannah, and signatm-e of the Darogah, and drawn up according to the form No. 20 of the Appendix. llepnted peon shall J7; j,.j — It shall be the duty of the muzkooree peon to exhibit to the defaulter the process pre- attend to the proceed- . , ,. , " i j • i ■ ^ i. • i. j.\ ings of the distrauier. scribed by the preceding clause, and to use every means m his power to prevent resistance or other breach of the peace ; and, unless the ai-rear is liquidated, to support the distrainer in the exercise of the powers vested in him by the regulations. He shall give due attention to the whole conduct and proceedings of the distrainer, so as to be able to give evideace thereon, if afterwards requii-ed, either before the Judge or Magistrate, SUPERIXTEKDEXT OF POLICE, LOWER PROVINCES. 137 FourtJi. Whenever any peon deputed under the foregoing rules maj- depose that he has been Xo. 10 of ISit opposed in the execution of such duty, or the Darogah may be satisfied from the representation *—— — — y ' ma-de on oath by the distrainer, in the first instance, that any resistance has been offered, amoun- ^SP\ ^^- °^ ^f^7- ■ - Kesistaiice being ting or hkely to amount to a breach of the pubhc peace, the Darogah of police shall either pro- offered to tliei)eon,tlie ceed in person or shaU depute the mohurrh- or jemadar of the thamiah, to support the dis- OT^^nadar^hau'^ro^ trauier and maintain the peace. He shall also proceed in person, or depute the mohm-rir or <■«"' '» '"^ assistance. jemadar of the thannah, ^yhenever it may be proposed by a distramer mider the powers vested shrirscan-h dweUi!J"ff' '^'""'•"•''era ^ _ _ ' ' L r siiaU not use stocks or ing ryots, or other individuals uidebted to them, on any account whatever ; and the Daroo-ahs of other instruments of poUce shall report to the ^Magistrates, for such orders or process as may appear proper under ^^° '"'"" " the general regulations, all instances which may come to their knowledge of a violation of this rule. Seventh. 'Whenever any muzkooree peons, not receiving wages from Government, may be Allowance and employed by a police Darogah under the provisions of this regulation, he shall receive tulubana, "eont °enipIo™ed' in or diet allowance from the person at whose instance he may be employed, at the rate of two "iistraint, not in the annas per diem ; and the Darogah shall hot issue any process by the hands of a muzkooree peon, until the estimated amoimt ofj the tulubana, required for the fixed allowance of the peon at the above rate, dvu-ing his employment, is deposited in advance ; the Darogahs are enjoined to prevent the muzkooree peon from demanding or receiving, directly or indirectly, from any party, in cases in which they may be emploj'ed, any allowance or gratuity exceeding the above rate, and shall report to the Magistrate any instances which may come to their knowledge of the violation of this rule. FoEii No. 20. DISTRAINT. Frocess to ie delivered to a 7nuzkooree peaii, deputed to aid a distrainer. Form No 20 Wliereas (name of the distrainer or of his local agent,) has made oath before me, that he ha.-? been opposed, or that he fears he may be opposed, in effecting the distraint of certain property, belonging to ; whicli he considers it necessar3' to attach for the recovery of an arrear of land rent, amounting to Es. -, due from (name of the defaulter or of his security :) the bearer of this process (name of the inuzTcooree peon.) has been deputed from this thannah to aid the distress of the property of the said (name of the defaulter or security ;) and it is herebj' notified to the said (name of the defaulter or security,) that if he disputes the iu,stness of the arrear demanded, it behoves him to apply forthwith, under the provisions of Sections 15 and IG of'Regidation V. 1S12, to the Judge or Collector of the zillah, or to the Cauzee or Moonsifi' of the pergunnah ; but that in the mean time, he fs requked eitlier to liquidate the amount claimed, or to allow his property to be peaceably distrained, under penalty of disobedience to this requisition, of suffering such punislnnent as the Magistrate may, tmder the regidations, judge proper to inflict. 2 N 138 CIRCULAR ORDERS No. CLI. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 11, of 1811. No. 1 1 .—Dated Balligunge, 20lh May, 1 844. Oflicial tlocu- J[ HAVE the honor to call your attcaliou to the notification of the Kigiit lilatio'ii not to be Hou'ble the Governor-General in Council, No. 150, dated the 30th August .oiiiinuiii.ated to ]ast, published in the Calcutta Gazette of the 2nd September, 1843, and to individuals with- . , -r ■, „ • n i • . ,i .• c ^^ /-< out sanction of acquauit you, that I shall in future bring to the notice ot the Government, Government. ^^jj instances in which I may conclude that information procured officially has been afforded to public Journalists, or the Editors of periodical puijlica- cations, by the officers employed in the Police or Thuggee Departments. 2. This rule will be very strictly enforced, and ds the breach of it will lead to very serious consequences, I consider it proper to request your parti- cular attention to the second paragraph of the notification above referred to. Notification published in Calcutta Gazette of 2nd September, 1843, by order of the Government of India, Foreir/n Department, No. 150, dated ZQth August, 1813. G.O.SOtli Aug. 1813. Some misconception appearing to exist ^yith respect to the power which officers of both services have over the documents and papers which come into their possession officially, the Governor-General in Couucd deems it expedient to notify, that such documents and papei's are in no case to be made public or communicated to iudinduals •without the previous consent of the Government to which alone they belong. The officer in possession of such documents and papers can only legitimately use them for the fiutherance of the public service in the discharge of his official duty, and it is to be understood that the same rule vrhich applies to documents and papers, apphes to information of which officers may become possessed officially. No. CLII. TO ALL MAGISTRATES, JOINT MAGISTRATES, AND THUGGEE ASSISTANTS. „ i„ ,,„,, No. 12.— Dated Balligunge, 5th June, 1844. .^ O. Xmj Ot i.Orx. Temporary es- \\ ITH advertence to my Predecessor's Circular No 30 of* 1838, I have taldishments not ^^j j^yj^Qj. ^q transmit for vour information and guidance, the accompanving to be entertained ' ^ >. . a without sanction copy of a Circular Letter No. 747 of the lOth ultimo, from Mr. Under- ol Government. Secretary Turnbull prohibiting all officers from incurring anv charges on • Dated 16tl> Au- ■' . ... . ' . - gust. account of temporary establishments without the previous sanction ot SUPERINTENDENT OF POLICE, LOWER PROVINCES. 139 Government, and holding them iiersonally responsible for any infringement Xo. 12, of 184^;. of that order. '^ 2. When any temporary establishment may be absolutely required, you will not fail to apply for Government sanction through my office in the form annexed to Mr. TurabuU's letter. From A. Turxbcll, Esq. Under Secrefary to the Government of Bengal, to the Super- intendent of Police, Loiver Provinces, No. 7^7, dated IGth May, 1844. With reference to the prohibitory terras of the act of ParUament and of the orders of Supreme Government passed in the Financial Department quoted respectively in the marf^n I am dii-ected hy the Hon'ljle the Deputy Governor of Bengal to inform you that the discretionary power hitherto exercised under the orders of 21st August, 1832, by Boards, Commissioners,! Judges, &c., of authorizing charges on account of temporary establishments for a period not exceeding 6 months without the previous sanction of Government, is hereby withdrawn, and that in future no such charges are to be incurred ivithout the authority of the local and Supreme Governments duly obtained on an application to be made in the form annexed. All charges of the above The Form has been nature incurred without such authority will be at the personal responsibility of the dis- Supdt, of Police L.p! biu-sing officers. ?"• 7 °^ th"' 2 1st ° June, 1850. Extract from Cap. 85, 3 and 4, William 4:th. " Provided also that no Governor or Governor in Coimcil shall have the power of creating any new office or granting any salary, gratuity or allowance without the pre- vious sanction of the Governor-General in Councd." Extract from a Resolution passed by the Government of India, in the Financial Depart- ment, on the 8th December, 1843. " The resolution of the Government of India, dated 12th January, 1842, by which G. 0. 8th Dec. isi3. it was rendered incumbent on the local Governments to submit regidarly for sanction or confirmation, a riionthly statement of proposed additions to establishments, is hereby so far superseded, that the Governments of Bengal, the N. W. Provinces, Mackas and Bombay, wiU be instructed to refrain altogether from authorizing any fresh expendi- ture whatever, having reference to salaries, gratuities or allowances, in anticipation of the sanction of the Government of India, excepting only iu cases of the utmost emer- gency which are forthwith to be especially reported. The form having heen revised, vide Circular Order, Superintendent of Police, Lower Pro- vinces, Ko. 7 of the 2\st June, 1850, if is omitted. 140 CIRCULAR ORDERS No. 13, oflSil. (jIRCULAR Order No. 1.'5. of the 24th June, 1844, intimated that tlie Superintendent of Police, Lower Provinces, would proceed to Monghyr, via Hooghly, Beerbhoom and Bhaguljioor. No. CLIII. TO ALL MAGISTRATES, JOL\T MAGISTRATES, AND THUGGEE ASSISTANTS. No 14 ofl814 ^'^- 1^— Dated Hooghly, lOtl July, 1844. Mode to 1)0 Jl have the honor to transmit to 5'ou the accompanying copy of a corre- adoptcd with le- ,,,„,, ^ , ^ spoudence* as per margin, respecting spoct to pseudo From Under Seeretai-y to Government of ' ^ » ' i e mendicants, va- ^^ -^ ^^ ^j^^ ^ .^^^ ^j. ^j^^ j^i.y,^^,,,t ^^^ '"^^e to be adopted with respect jrrants ami suspici- ^ "^ ^ >. i i v ^ Sus chai-actei-s. Adavvlut, No. 811 of the 27th May, 1844. to vagrants and pseudo mendicants, * Tlic coiTC'^non- From Register of the Nizamut Adawlut, who proceed periodically from their douce -^m be found to Secretaiy to Government of Bengal, No. homes ostensibly enffaffed in beffgine, nppcndcd to the o./. i i i i.ii t ion . o fe && t>» Circular ^luoh fol- 846, dated 11th Jime, 1844. sna.ke-catching. juggling, &c. &c., but lows. O J OO O' » who are in fact systematic thieves : you should carefully look out for such Toiirc, L. P. Xo. 8of persons and act towards them in the manner stated by the Court of Nizamut tiie i4tk Juuc, 1810. ^jjj^^,]^^^^ confiscating all suspicious property which may be found on them. No. CLIV. TO ALL SESSIONS JUDGES. No. 15, of 1844. No. 15. — Dated Hooghly, 10th July, 1844. Mode in which J^ HA"\*E the honor to transmit to you for your information the accompanv- M;igistrates are to • r 'i act with regard ^^^^^ ^,,^,^^. g^^^^,_^.^. ^^ ^..^rmnent of '"^ '""^y °^ ^""^'"^ «^ P^"- "''''S"^' psemkf' ' mendi- Bengal, to the Register of the Nizamut regarding the mode in which Magis- cants. Adawlut, No. 811 of the 27th May, 1844. trates are autliorized to act with rc- From Register of the Niz;imut Adawlut, gard to vagrants and pseudo men- to Secretary to Government of Bengal, No. dicants, who periodically visit these 846, dated 14th June, 1844. provinces ostensibly engaged in beg- ging, snake-catching, juggling, &c. &c. but who in reality are professed thieves. SUPERIKTEXDEXT OF POLICE, LOWER PROVINCES, 141 2. As I have ordered general operations against these persons with a Xo. 15, of 184i. view of checking their ingress into these provinces, I think it requisite to place the opinion of the Nizamut Adawlut before you. — Y-- From A. Turxbull, Esq., Under Secretary to the Government of Bengal, to J. Haw- kins, Esq., Register of the Sitdder Court, A"o. 811, dated 27th Mat/, 1844. I am dii-ccted by tlie Dep^ity Governor of Bengal to forward for the purpose of From Supt. of PoUce, No. 234, dated 3rd i-eb., ^^'"S ^^"^ ^^fore the Sudder Court the '^t''^i5''^c.^"''l°''^"''"^\ i.Tj- TVT ,^- , . J accompajiving copy of a correspondence To Oflg. Secv. to GoTt. of India, Ifo. 307, dated . i , . ' 28th Feb., 1944. noted on the margin, regarding ccr- clfsure3^'"''' '^° "^*' ^^'"^ '"'' '"'*■ '^"''^"" tain tribes of vagrants and pseudo men- dicants, and the best means of putting a stop to thcLr malpractices. > 2. His Honor is anxious to obtain the opinion of the Court as to whether such vagrants can be legally sentenced to imprisonment, in default of procuring good secu- rity, under Rcg\dation "\'III. 1818, as suggested by the Superintendent of Police, and the General Agent for the suppression of thuggee and dacoity. 3. Also whether the unrepealed part of Section 10, Regulation XXII. of 1793, is applicable to vagrants of the above description. From J. Hawkins, Esq., Ryister of the Nhamiit Adaivlut, to F. J. Halliday, Esq., Secretary to the Government of Bengal, Xo. 846, dated lith Jane, 1844. I am directed by the Court to acknowledge the receipt of the Under-Secretary's letter, No. 811, of the 27th ultimo, and to state for the information of the Hon'ble the Deputy Governor, that in theii' opinion, the penal provisions of Section 10, Regu- lation XXII. 1793, are still in force, and authorize Magistrates to demand security for good behaviom- from vagrants, while Clause 1, Section 8, Regulation VIII. 1818, era- powei's those officers to detain persons of that description if secm'ity be not furnished. The M^-istrate shall examine on oath such vagrants or suspected persons, and also any Reg. XXII. of 1793. persons who mav have a knowledc;e of their usual place of residence, occupation, or mode Magistrates bow to * - . proceed witli vagrants of obtaining their hvellhood, and if thw-e shall appear to him grounds for supposing tliat they and suspected pcr- are disorderly or ill-disposed people, he shall employ them in repamng the public roads, *°"^' or upon any other public work, until they find a security for their good behaviom* in case of their being discliarged, or until some creditable persons shall agree to entertain them in their service, or the Magistrate shall be satisfied from their deportment whilst in his custody, or other circumstances, that they will of themselves take to some service or emploj'ment so as to obtain an honest livelihood, in either of which cases, the Magistrate shall discluu-ge them. rmiishmcnt for ra- If anv person so apprehended shall make his escape from the custody of the Magistrate before g""''"'^ o"" suspected ii aujr i'^ ff 1 .. c3 persons cscapnig fi-ora he is regularly discharged, and shall be re-apprehended, he shall be imprisoned and kept to the custodv of the hard labor for six montlis. — Eegulalion XXII. 1793, Section X. (unrejiculed ^urt). agistrute. 2 o ]42 ClKCULAn ORDERS N 15 oflRH "^'ill- -FiV«<.— Whenever the Magistrates, under the authority vested in tliem, by the e_!_l!^___J existing regulations, may require security for the good behaviour of a prisoner, they shall Keg. VIII. of 1818. ^jj^ ^jj pj^^.3 in ,yj,igh they may judge it safe to do so) provide in their order, for the r.-lease Tlic period of clc- prisoner, at the end of a definite period, not exceeding twelve mouths.— i?<'^«/a//«'/J ntioii lor security "' ^"^ I * tent ion lor pcv-umji -- * in ordinary cusw, de- yjjj_ of 1818, Section VIII. Clause I. cided by tlio Mugis- • nilc not to exceed cue year. No. CLV. TO ALL MAGISTRATES, JOL^T MAGISTRATES, AND THUGGEE ASSISTANTS. No. 16, of 1844. No. 1 6.— Dated Hooghly, 1 2th July, 1 844, Proceeds of pro- X HAVE the honor to acquaint you, that the Hon'ble the Governor of JouJe officerTmaJ Bengal has been pleased to authorize the Magistrates in the Lower Pro- be remitted by yinces to remit by Colleetorate drafts the proceeds of property belonging to CoUectorate drafts. , ,,• rr i i- ^i-.. deceased police officers when being at a distance. 2. The necessary instructions have been issued to the Collectors through the Accountant General. . No. CLVI. • TO ALL FERRY FUND COMMITTEES. Xo. 17, of 1844. No. 17. — Dated 13th July, 1844. Apportionment J^ HAVE the honor to acquaint you, that the Hon'ble the Governor of ferry funds at the Bengal has been pleased at my recommendation to order a new distribution close of the year, of the Ferry Funds for 1843-44, which is, that the unexpended balances of each district should be carried separately to the credit of each Coininittee, instead of the whole balances of the districts forming one union, being, as heretofore, added to the funds of the year available for that union, and then divided amongst the districts composing it. See Circular Order, Superintendent of Police, Lower Provinces, Xo. 2 of the 26th January, 1848. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 143 No. CLVII. TO ALL FERRY FUND COMMITTEES. No. 18. — Dated Berhainpore, 20th July, 1844. No. 18, of 184i. X. HE Hon'ble the Governor of Bengal is desirous that before any part of Primaiy oliioct the proceeds of the ferries is applied to other purposes, that the ferries Committees to pro- themselves should be made in all respects secure, and convenient places built "^''^.'^ efficiejicy of lernes. for travellers and merchants, who are often unavoidably deLiyed at them. See C. O. No. cxv. 2. For these purposes there should certainly be efficient protection af- forded by proper police establishments on the spot paid out of the proceed^ of the ferries, and if possible there should be erected some safe and conve- nient place of resort of the nature of a seraie, especially at the large and more important ferries. 3. I request, therefore, under instructions forwarded to me from the Hon'ble the Governor, that you will favor me with a list of the ferries in your district and their different rentals, noting the more important ones, together with your opinion as to those places where seraies and police establishments should be first placed, together with a plan and estimate of the serenes approved of by the executive officer and a statement of the police establishment. 4. Of course it will be requisite to commence with the more important ferries and extend the system by degrees. I must also observe, that I entertain strong objections to the employment of single police officers at out posts. 5. You Avill not fail to remark that the above projects are fully in accordance with the provisions of Section VH. Regulation VI. of 1819. VII. First. — In assuming the management of public ferries, the general objects of the Reg. VI. of 1819. Magistrates and Joint Magistrates sIkiU be, the niidntenance of an efficient police, the safety _ Specification of ob „ .,. . .... 1,1 I-.. jects to which the and convenience of travellers, the facility of comjnerciai mtercourse and the expetlitious iLigistratesanciJomt- transDort of troops. For the above objects, they shall be careful to provide or cause to be Magistrates are to at- ^ '■ J > .1 „ 11 tend, in assuming provided safe and oomnxodious boats ; they shall fix the rates of toll on a very moderate scale, charge of tlie piibUo in no case exceeding, vithout an indispensible necessity, the rates which prevailed previous to the enactment of Regulation XIX. 1816 ; they shall adjust the modes of pj^yment so that the tolls may bear as lightly as possible on the poorer classes of the community, and by leaving a fair profit to the individual who may be chosen for the immediate charge of the ferries, they shall endeavour to secure as far as possible the services of respectable and competent persons. ferries. 144 CIRCULAR ORDERS No. 18 of 1811. Si'cond. — No collections shall be taken on account of Government, from the proceed* of ^— Y ' i"y ferry, until the above objects are fully secured ; and if in any case there shall remain a '°" ' ° . clear surplus protit, after ])rovidiiig adequately for those purposes, the amount collected shall bi- made on account be applied solely to the furtherance of similar objects, sucli as the repair or construction of ol Oovcniineut, niitil fgads, bridcres, and drains, the erection of suraies, or other works of a like nature. tlie ol>iccts siH-cificd > "t5 > in tiic preceding Third. — In ca-ses of the latter description, viz. those in which the receipts of any ferry shall Hiuijc liii^e been a - j^^ sufficient to afl'ord a surplus revenue as above mentioned, the Magistrate or Joint Magi.'i- Surplus collections trate, having previously received special authority from Government in that behalf, may and how to bcappropriat- shall require the persons holding or applying for the charge of the ferry, to enter into an oil. . ■ Where !\ pnblic engagement for the payment, by monthly or quarterly instalments, of such a sum of money feri-y sliall vichl a snr- ^^ vi\i]\ reference to the estimated surplus, may appear iustly demahdable, without risking the phis iTvcnue, fanner i ' j ll j j > a to pay it bj- instal- primary objects above indicated ; and if anj- person in charge of a ferry shall refuse to enter feiTv to be trnibferred '"to an engagement 'as aforesaid, and shall not assign sufficient cause for such refusal to the to anotlier. satisfaction of the Magistrate or Joint Magistrate, it shall be competent to such officer, to transfer the charge of the ferry to any other respectabje and , competent person: provided however that no person in charge of a ferry ; who shall otherwise conduct himself to the Magistrate's satisfaction, shall be removed from his charge under the above rtile, excepting at the expiration of the Bengal or Fussily year, according to the tfta current in the province. Fourth. — The mode in which collections made under this section shall be paid, whether ins. the colleetioiis into the treasury of the Magistrate or Collector, or an}' other public officer, shall be deter- roiUized under this jjjiugji \,y tjjg orders of Government, and adjusted with the party by the Maffistrat* or Joint section, to be adjusted •' > J 1 J J "o under the orders of Magistrate, at the time of giving him charge of the ferry or ferries entrusted to him : — pro- Uou'nuuent. iioviao. ^.jj^.^^ liowever, that as a general rule, all persons in'charge of ferries subject to the payment of a rent, shall, on discharging any instalments, receive and be, directed to require receipts for the amount, which shall be covmtersigned by a European officer of Government. — Eegulation ri. 0/1S19, Section VII. See Circular Order, Superintendent of Police, Lower Provinces, yb. 2, of the 2Gfh January, 1848. No. CLVIII. TO ALL SESSIONS JUDGES, No. 19. — Dated Monghyr, lOtli September,,) 844. TO ALL l^LVGISTRATES AND JOINT MAGISTRATES. Kos. 10 and20, of No. 20. — Dated Moiiglivr, lOtli September, 1844. lSi4. -j- .^ ,. J. HAVE been directed by the Hon'ble the Deputj'^ Governor of Bengal to Forwarding re- . , . vised forms of war- forward to yov,i the acconipanying set oi revised forms of warrants, &c. rants, &c. in use j^^ ^ , jj^^. ;i^i;ij^.i,tvs Justices of the peace. by justices ol the j j . i peace. . 145 The forms of warrants, i>;c. ivhich were ciraduted with the preceding Circulars were further revised and re-circulated in November, 1844', they are therefore omitted here and will be found {revised) appended to Circular Order No. 27 of the 23d Nov. 1844. No. CLIX. TO ALL MAGISTRATES, JOINT MAGISTRATES, AND THUGGEE ASSISTANTS. No. 21. — Dated Monghyr, 10th October, 1844. Xo. 21, of 1S44. X HA\'E1 the honor to direct that you desist fromdockettiijg your letters as Dockettino- of required by ray Circular Order of the 12th July, 1842. No. 7. ^^**^^* prohibited. LylRCULAR Order No. 22, of the 15th October, f844, directs Magistrates Xo. 22, of 1S44. and Joint Magistrates to take measures for apprehending a native convict who escaped from Prince of Wales' Island, where he had been transported in 1829. No. CLX. TO ALL MAGISTRATES AND JOINT MAGISTRATES. No. 23 — Dated Monghyr, 17th October, 1844. X^. 23, of 1844. _L HAVE the honor to* forward you descriptive rolls of Rujeeb Alice and Informed of the Muddun Roy, two notorious bad characters, who after having: been for a ]^'^^.^^^ °* *^^™ '^°" •' ° toiious bad eharac- long time confined for want of security in the Jail of the 24-Pei'gunnahs ters from the 24- have just been released. It is not known where they have gone, and I send ° you these rolls, not with the intention that you should apprehend the parties, but that in case of their being brought before you charged with any offence you may be aware of their characters and know to what Magistrate to refer for information regarding them. Rujeeb Allee Khan, sonof Alif Khan, Mussulman. Fair complexion, broad forehead, open eyebrows, a scar on his back, beard and whiskers black, one scar below liis riglit knee, rattan marks on his back, height six feet, aged about 50 years, present residence Allipore, zdlah 'M-pergunnahs. Muddun Roy, son of Safiilram Roy, Rajpoot. Fair complexion, sheep's eyes, open eyebrows, a scar -on his nose, a scar on his left ear, mark of spleen on liis belly, inoculation marks on his both arms, height six feet, aged about 40 years. Inliabitaut of Bhowanipore, Thannah Tazeerat, zillah 24-pergunnahs, a very voluble talker. 2 P 146 CIRCULAR ORDERS No. CLXI. TO ALL MAGISTRATES AND JOIXT >L\.GISTRATES. No. 2t, of 1814. No. 24. — Dated IMonghyr, 2nd November, 1844. Appeals from \ ERY considerable delay and inuch extra trouble in deciding appeals otiice're to Supdt. of f™'" police officers regarding tbeir dismissal being occasioned by their omis- Policc to be accom- gjon to forward with their petitions, copies of the proceedings ordering their theproceedmgs un- dismissal as directed by me,* or to adopt the cQurse prescribed by the dur \yliich they are enclosure of my predecessor's Circular No. 20 of the 9th May, 1 838, I have dismissed. ... .„ ^ ,• e i- • •CONoLXXX. the honor to request that you will notify to the police or your district, pma. 1, page 69. |^jjgj. petitions of appeal unaccompanied bj copies of the orders directing the dismissal of the petitioner will not be attended to by me, and that one of the two courses referred to must be followed. See Circular Order, Superintendent of Police, Lower Provinces, Xo. 8 of the 30t/t December, 1847. No. 25, of 1844. CiRCULAR Order No. 25 of the 12th November, 1844, called for in- formation of the general state of the crops and condition of the laboring classes in each district, with a view to measures being taken for repressing crime, which it was apprehended would be on the increase from the failure of the crops. No. 26, of 1844. CiRCULAR Order No. 26 of the I4th November, 1844, required that all letters intended for the Superintendent of Police, Lower Provinces, should after the 16th December be addressed to him at Patna, as he was about to proceed to that station. No. CLXII. TO ALL SESSIONS JUDGES, MAGISTRATES AND JOINT MAGISTRATES. No. 27, of 1S44. No_ 27. — Dated Monghyr, 23rd November, 1844. Form of com- I HAVE the honor to transmit you the accompanying copy of a warrant mitment to the . .ttat- -^ r^ Sessions of Her of final commitment to the Sessions ot Her Majesty s bupreme Court filled SUPERINTENDENT OF POLICE, LOWER PROVINCES. 147 up by the Hon'ble Company's Attorney, and also copy of a letter from No. 27, of 1844. Mr. Swinhoe, No. 567, dated the 5th ultimo, containing instructions in re- jyiajesty'sSupreine gard to such cases. Comt. 2. If you will return me the forms sent to you with my Circular Letter To Sessions Judges, No. 19 of the current Nos. 19 and 20 of the current year, year. I will send them back to you filled To Magisti-ates and Joint Magistrates, No. up according to those now furnished 20oftheeuirentyear. to ^g by ^^^^ Company's Attorney, and thus enable you to have all such recognizances, warrants, &c. techni- cally prepared. The information and deposition of of , taken upon oath [or solemn affii-mation] Information and , „ , ^ -r-r -.%••.,. i- f J.^ deposition of prosecu- by me Esquire, magistrate of , and one of Her Majesty s justices ot the peace, on ^^j. ^^ ^tnesa. the day of , 18 — , who on oath [or solemn affirmationj saith : I am [here the statement of the witness should be inserted in the first person^ Taken before me the day and yeai- first above mentioned. Justice of the Peace. The examination of of , taken before me Esquii-e, magistrate of , and Examination of the one of Her Majesty's justices of the peace, on the day of , 18 — : the said ex- aminant being charged on the oath [or solemn affirmation] of and others with \here insert the crime with which the prisoner is charged, and the date on which it was committed ; for example's sake the follmcing may answer] feloniously receiving in concert with twenty-five Europe imitation shawls of the value of ninety Company's rupees, and one piece of book muslin of the value of fom- Company's rupees, of the goods and chattels of the said , feloniously stolen and carried away from the shop of the said , situate in the town of , on the day of , 18 — , well knowing the same to have been feloniously stolen ; and duly cautioned, saith : — I [here the statement of the accused mtist te inserted in the first person]. Taken before me the day and year first above mentioned. Justice of the Peace. To the Foujdaree Nazir of the district of , in the Presidency of Fort "William in Bengal, and to the keeper of the jail at . Eeceive into your custody the body of herewith sent you, he, the said being WaiTant of com- chareed before me, Esquii-e, magistrate of , and one of her Majesty's justices mitment for fm-tUer ° ' -1 ! o , . 7 7 n exaininatiou. of the peace, or, the oath of and others with [here inse.-t the crime and date] ; and him, the said safely keep imtil next, tlie day of instant, when YOU are hereby required to bring the said at the foujdaree court of the 148 CIllCUI.AR OKDERS No. 27, of 1844. district of in the Presidency of Fort William in Bengal, before me or before such others of Her Majesty's justices of tlio peace for the said Presidency of Fort William in Bengal as shall he then and there present, to be re-e.xamined and further dealt with according to law. Heroin fail you not. Given under my hand and seal this twentieth day of September, 1844. « ^ ' Justicfc of the Peace. Kecogiiizance to Fort William 7 ^ '^ remembered, tliat on the — ^ day of in the year of the pro8f.utc. in Bengal. ^ Eeign of our Sovereign Lady Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, defender of the faith, and so forth, of [insert the name of the place of residence'] m the -^rovmac of Bengal aforesaid, personally came before me Esquii-e, magistrate of , and one of the justices of our said Lady the Queen, assigned to keep the peace within the Pi ovinces of Bengal, Behar and Ori.«sa, and acknowledged himself to be indebted to our said Lady the Queen, in the sum of Companj^'s rupees of good and lawful money of Bengal aforesaid, to be made and le\-iedof his goods and chattels, lands and tenements, to the use of our said Lady the Queen, her heirs and successors, if the said shall fail in performing the condiHon under written. The condition of this recognizance is such, that if the above bounden -^— shall personally be and appear on the fast and on the following days of the next sessions of 0}"er and terminer and jail delivery, to be holden in and for the town of Calcutta and Factory of Fort William in Bengal, and shall then and there prefer a bill of indictment against for forgery [or lohatever the nature of the charge mag he] and shall then and there give evidence of all such matter and things, as shall have come to his knowledge, and can be objected to the said on the said bill of indictment, and in case such bill of indictirtent shall be found, then if the said shall prosecute the same with effect, and shall then and there attend from day to day, and shall not depart the court without leave thereof, then this obligation is to be void and of no effect, otherwise to be and remain in full force and vii-tu^. Taken and acknowledged the day and year first above written before me. Justice of the Peace. Ri'cognizance to '^°^ William ^ Be it remembered, that on tlie day of in the year of the giTe evidence. i° Bengal. J Reign of our Sovereign Lady Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, defender of the faith, and so forth, of [all the witnesses names mag be inserted here, but then what follows must he in the plural numher], came before me Esquire, magistrate of , and one of the justices of our said Lady the Queen, assigned to keep the peace within the Provinces of Bengal, Behai-, and Orissa, and acknowledged himself to be indebted to oui- said Lady the Queen in the sum of Company's rupees of good and lawfid money of Bengal aforesaid, to be made and levied of his goods and chattels, lands and tenements, to the use of our said Lady the Queen, her heii-s and successors, if the said ■ shall fail in ; erforming the condition under-written. The condition of this recognizance is such, that if the above bounden sh;Ul personally be and appeal- on the first and on the following days of the next sessions of oyer and terminer and jail delivery, to be holden ia and for the Town of Calcutta, and Factory of Fort \Nilhaui SUPERINTENDENT OF POLICE, LOWER PROVINCES. 149 in Bengal, and shall then and there personally attend from day to day to give evidence of all tst 07 e -i 04.4, such matters and things as shall have come to his knowledge, and can be objected against ^ I [the name of the prisoner'] on a bill of indictment to be preferred against [the name of the prisoner] upon the prosecution of [the name of the prosecutor], and if the said shall then and there attend from day to day, and not depart the court without leave thereof, then this recognizance to be void and of no effect, otherwise to be and remain in full force and virtue. Taken and acknowledged the day and year first above written before me. Justice of the Peace. Fort WilUam 1 Be it remembered, that on the day of in the year of the Recognizance of lu Bengal. J reign of our sovereign Lady Victoria, by the Grace of God, of the United '^'''^* Kingdom of Great Britain and Ireland, KJueen, defender of the faith, and so forth : and and severally came before me Esq[uire, magistrate of , and one of the justices of our said Lady the Queen, assigned to. keep the peace within the provinces of Bengal, Behar, and Orissa, and acknowledged themselves to be indebted to our said Lady the Queen, in the gum of six thousand Company's rupees, that is to say, the said in the sum of four thousand Company's rui)ees, and the said • and — in the sum of two thousand Company's rupees each, of good and lawful money of Bengal aforesaid, to be respectively made and levied of their several goods and chattels, lands and tenements, to the use of our said Lady the Queen, her heirs and successors, if the said shall foil in performing the condition under- written. • The condition of this recognizance is such, that if the above bounden shall be and appear at the foujdaree comt of the district of in the presidency of Fort William in Bengal, and shall then and there attend from day to day, to answer to the charge pending against him the said iox forgery \or as the nature of the case or charge may he] and shall then and there abide an^ undergo the order of the said court, and shall not depart the court without leave thereof, then this recognizance to be void and of no effect, otherwise to be and remain in full force and virtue. Taken and acknowledged the day and year first above written before me. Justice of the Peace. To the Sheriff of the Town of Calcutta, and Factory of Fort William in Bengal, and to the Keeper of Her Majesty's Prison at Calcutta. Eeceive into j'our custody the body of — — herewith sent you, he, the said being Warrant of final charged before me, Esquire, magistrate of , and one of Her Majesty's jiistices ^reme'com^t ° of the peace on the oath [or solemn affirmation] of — ^ and others with [liere insert the crime charged and the date when committed] and him the said safely keep until he shall be discharged by due course of law. Given under my hand and seal this twenty-fourth day of September, 1844. Justice of the Peace. To the Keeper of the House of Correction [or other place of confinement]. Receive into your custody the body of herewith sent you, he, the said — — being Warrant of impri- convicted before me, Esquire, one of Her Majesty's justices of the peace and magis- 2 Q soumcut. 150 CIRCULAR ORDERS Nil 27,iif 1S41. tratc of , n]>f>n the oaths [or solemn affirmations] of two credible witnesses witl\ \ having on tho day of in the year of our Lord One Thousand Eight Hundred and \Jicrc slate the q/Tmce, an in the conviction,'], and him, the said safely imprison \pr, safely imprison and keep to iiard labor] for the space of two months, unless the said sums shall be sooner paid ; when you will bring him again before me in order that he may bu discharged by due course of law. Given under my hand and seal, this day of , 18 — . Justice of the Peace. the poace. Information to re- I3o it remembered that on the day of 18 — , of , in the district of M?!"^* .'ce "^ ^ ""'' came personally before me, Esquire, magistrate of , and one of Her Majesty's justices of the peace, and on his oath infonneth me that of , did on at II most violently and maliciously declare and threaten and did also on [here state the defendant's threats and acts] ; and that frofti the kbove premises he, this com- plainant, is afraid that the said will do him some grievous bodily harm ; and therefore pram's that the said may be required to find sufficient sureties to keep the peace towards him, this complainant. And this complainant also says, that he doth not make this complaint against, nor require such sureties from, the said from any hatred, malice, or ill-will, but merely for the preservation of his life and person from injurj'. Sworn before me the day and year first above mentioned. Justice of the Peace. Warrant to b« is- To Nazir of the criminal coui-t of , and to all darogahs of police, and other •Tied thereon. peace officers, and others whom this may concern. Whereas * of , in the district of , hath this day made information on oath before me, Esquire, magistrate of , and o^e of Her Majesty's justices of the peace, that of , did on at [here set forth the complaint in the past tense, describing the complainant by his name] ; and therefore the said hath prayed that the said may be required to find sufficient sureties to keep the peace towards him, the said . I do, therefore, hereby require and command you to appre- hend and bring the said before me, or any other of Her Majesty's justices of the peace at their office in aforesaid, to answer the said complaint, and to find sufficient sureties to keep the peace towards all Her Majesty's liege people, and especially towards the said — — for such term as shall be then enjoined him, and to be further dealt with according to law. Given under my hand and seal, the day of , ISl — . Justice of the Peace. Recognizance to Be it remembered that on the day of , ISi — , in the year of the reign of our p I, peace. ^^^^ William 7 Sovereign Lady Victoria by the Grace of God, of the -United Kingdom of in Bengal. J Gi;fat Britain and Ireland, Defender of the faith, and so forth, of . in the district of-. , of the same place, and of the same place, came before me, Esquire, magistrate of , and one of the justices of o\m said Lady the Queen assigned to keep the peace, and acknowledged themselves to be indebted to our said Lady the Queen, in SUPERINTEXDEXT OF POLICE, LOWER PROVINCES. 151 the sum of Company's rupees, that is to say, the said in the sum of Cora- No. 27, of IStl. pany's rupees, and the said ■ in the sum of Company's rupees, and the said in \' the sum of Company's rupees, of good and lawful money of Bengal, to be respec- tively made and levied of their several goods and chattels, lands aud tenements, to the use of our said Lady the Queen, her heirs and successors, if the said shall fail in performing the condition underwritten. If the party he hound merely to keep tlie p)eace for a specif ed term, the condition will be thus : The condition of this recognizance is such, that if the above bounden shall keep the peace, towards all Her Majesty's liege people, and especially towards of , in the said district, for the term of calendar months now next ensuing, then the said recoo-- nizance shall be void and of no effect, otherwise to be and remain in full force and vii-tue. If the party he bound to appear at the sessions, the condition of the recggnizance will he thus: The condition of this recognizance is suc\i that if the said shall personally appear at the next sessions of oyer and terminer and jail delivery, to be holden in and for the town of Calcutta and factory of Fbrt AM'illiam in Bengal, to do and receive what shall be then and there enjoined him by the court, and in the meantime shall keep the peace towards all Her Majesty's Uege people, and especially towards the said of , in the said district, for the term of • calendar months now next ensuing, then the said recognizance shall be void and of no effect, otherwise to be and remain in full force and virtue. Acknowledged before me the dav and vear first above-mentioned. Justice of the Peace. To , Xazir of the criminal court of , and also to the darogah of the [criminal jail] of , and others whom this may concern. Whereas of , [here recite the complaint as in the warrant, ante] : and whereas the Commitment in de- said was this day brought and appeared before me, Esquire, magistrate of , j.^^ ' j^^. pTace?'' *° and one of Her Majesty's jusftces of the peace, at , to answer the said complaint ; and I, the said justice, have ordered and adjudged, and do hereby order and adjudge, that the said shall enter into his own recognizance in the sum of rupees, with two suffi- cient sureties in the sum of rupees each, to keep the peace towards all Her Majesty's liege people, and particularly towards the said for the term of calendar months now next ensuing : and insomuch as the said hath refused and still refuses to enter into such recognizance, and to find such sureties as aforesaid, I do hereby require and command j'ou, the said nazir, forthwith to convey the said to the [crimimd jail] of , and to d-^liver him to the darogah thereof with this warrant. And I do also • require and command you, the said darogah, to receive the said into your custody in the said [jaU], and him there safely to keep for the space of calendar months, unless he, in the meantime, enter into such recognizance vnih. such sureties as aforesaid, to keep the peace in the manner and for the term above-mentioned. Herein faU not. Given imder my hand and seal the day of , 184 — . Jastice of the Peace. The Court deem it proper to intimate to the Magisterial authorities that in the event of its Coniraitment)< of being found necessary to commit a European British subject for triid before the Supreme eubjcctT'for trial' Iw- J 52 CIRCULAR ORDERS No. 27, of 18 it. Court, it will be necessary for the conviction of such person that there be direct proof of his '^ V~ aim-liability to that court. The mode of proof will consist in the evidence of a credible Court, to be support- person, who knows the accused, and his place of birth, or who has hi.-ard him declare of what ed by tUreit proof of coj^itry he u.— Circular Order, yizamut Admdut, No. 197, ofl^th February, IS 1-3. their aiiR'Httbibty to •' > > j j' tUut court. No. CLXIII. TO ALL MAGISTR.YTES AND JOIXr MAGISTRATES. No. 28, of 1844. No. 28. — Dated Monghyr, 26th November, 1844. Name of a Po- ^ HAVE the honor to direct that you erase from the list of officers not to lice officer, disniis- . , t^ ,. r <-.i • i i -nt a h- i sed, to be removed be again employed in the Police, the name ot Shaikh Aeamut Alhe, late from the non-re- D^rogah of Jallah in the district of Tirhoot. employment list. ^ No. CLXIV. TO ALL MAGISTRATES AND JOLVT MAGLSTRATES. No. 29, of 1844. No. 29. — Dated Bankipore, 23rd December, 1844. Applications for J^ HAVE the honor to acquaint you that you will in future forward appli- vesting assistimts , . .... i i i <-, with special pow- cations for vesting your assistants with special powers through the Court ers to be made ^f Njzamut Adawlut, and not through this office, the Right Hon'ble the through the Niza- . mut Adawlut. Governor of Bengal, having been pleased to correct so much of the orders Tide my Predeces- sor's Circular N'o. 80 of 1837, page 4. of the 28th November, 1837, as relates to the above point. No. CLXV. TO THE FERRY FUND COMMITTEES IN THE LOWER PRO- VINCES. No. 1, of 1845. No. 1. — Dated 13th February, 1845. Information re- T ^jyj directed bv the Right Hon'ble the Governor of Bengal to request quired regardmg j a ^ i the means of com- that the Committee will submit at an early date, a report setting forth dUtricf 'Tnd" the briefly and distinctly in the first place, the state of the means of communi- best mode of im- cation in vour district and the best mode of improving them, and in the jrthe^workhig'of second place their opinion of the general working of the present system the present sys- .^^jjj^ sufo-estions for remedying any defects which may have become appa- tem. ** . rent during its operation. SUPERINTENDENT OF POLICE, LOAVER PROVINCES. 153 Circular Order, No. 2, of the 28th February, 1845, required letters Xo. 2, of 1815. intended for the Superintendent of Police, Lower Provinces, to be addressed to him at Monghyr. No. CLXVI. TO THE MAGISTRATES AND JOINT MAGISTRATES, LOWER PROVINCES. No. 3. — Dated Monghyr, 20th March, 1845. Xo. 3, of 1845. X HAVE the honor to forward to you copy of an extract, paras. 16 and 17 Instructions of from a dispatch from the Hdn'ble the Court of Dipectors reg-ardino-the treat- ^^^ *-'°^^'' °^ ,P^' " ° rectors regarding ment of Police officers, and particularly to impress upon you, the necessity the treatment of of attending to the purport of the Hou'ble Court's observations. ^°^^^^ officers. 2d. The increase made to the salaries of all Darosrahs and the creation of two higlier grades, which all, who conduct themselves properly, may reasonably expect to gain, must have a great effect in raising the character of the Police and procuring more respectable persons as candidates for vacant situations ; but much of the benefit to be derived from this measure must also depend on the treatment shewn to the officers by their immediate superiors. The Police officers should not be harassed by fines and sum- monses to ajjpear before the Magistrate on petty or insufficient occasions, errors should be pointed out to them in terms not likely to wound their self respect, and whilst you check all attempts at ojjpression or corruption, for which there can be now no excuse, they should be encouraged in the proper performance of their duties by a degree of courtesy and considera- tion evinced on your part towards all those who may honestly endeavour to carry out the objects of their appointment. Extract from a despatch, No. 20, of 1844, /rowi the Hon'ble the Court of Directors, to Court of Directors' i . 1 1 1 nt ± A A Orders, 21st August, the Government of India, in the Legislative Department, under date the z\st August. 1344, no. 20. 16th. Another reform is pointed out by the Police Committee as essential to the respectability of the character of Darogahs ; they observe, measures should likemse be adopted to secm-Cjthe Thannadars, not only from being removed on insufficient grounds but from ill treatment. It is established by the best evidence that they are often treated by the ^lagistrates with no consideration, fined inordinately, summoned continually to answer unfounded charges, and removed without sufficient cause to distances where then- local experience is lost. The difficidty of procuring respectable 2 R 154 CIRCULAR ORDERS No. 3, of 1815. and efficient individuals as Police Darogahs has been stated to arise in part from the V ' feai- of dismissal from office, or of being disgraced by punishment in cases of trinal misconduct or at the caprice of the Magistrate ; and when in addition to this it is considered that they have no adequate pay and no prospect of promotion, it is not very extraordiuaiy the generality of them should be corrupt, and that no persons of any character or respectability offer themselves for the situation. 17th. "We have taken frequent occasion to iirge the same point, and we trust that See C. O. No. C. you will omit no favourable opportunity of enforcing it. Hea\y fines imposed upon native officers whose allowances are barely, if at all, sufficient for their subsistence, must have the effect of driving them to acts of corruption and extortion ; and disregard of their just rights and reasonable feelings by their official superiors must degrade them in theii" own estimation and in that of the public, and must deter men of respectable character from holding situations in which they are exposed to such hard- ships and disgrace. No. i, of 181.5. Circular order, No. 4, of the 7th April, 1845, called for a list of Darogahs of the third grade who merited promotion. No. CLXVII. TO THE MAGISTRATES AND JOINT MAGISTRATES IN THE LOWER PROVINCES. ^, ^ ^,„,. No. 5. — Dated Monghyr, 14 th April, 1845. No. 5, of lS4o. Rides of Niza- VV ITH reference to the Circular Order of the Nizamut Adawlut, No. mut Adawlut, re- J go, of the 17th of January last, regarding the transmission by burkun- garding transmis- or sion of Moonsitfs' dauzes of the monthly returns, &c. from the offices of the IMoonsifTs, I have records monthly, ^j^^ i^^^^j. ^^ ^^^^^^ of 1 ^^ ^q~ ^f the 28th ultimo, to letter not to apply where i j i j there is aregular addressed by me to the Court, and to request that you will attend to the Dak. ^ ^ contents. From B. J. Colvin, JBsy., Register of the Sudder Court, to W. Dampier, Esq., Super- intendent of Police, Lower Provinces, No. 465, dated 28th March, 1845. The Coiu-t having had before them your letter No. 408 of the 3rd instant, direct me , , to state that the Circidai- vou allude" to, is not to be Nizamut Acliraltit. Present : R. H. Rattray, C. ^^^^^^ "pon at thosc ^loonsiffee Stations at which there Tucker, A. Dick, and J. F. M. is a Government Dawk for the transmission of letters Reid, Esq3., Judges. , , and parcels. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 155 The Court call the attention of Magistrates in the Lower Provinces, to a Cii'cular Order No. 5 of lSi-5. addressed this date to the Civil Judges, regarding the practice to be in future pursued by ^~~ y ' MoonsifFs, ami others, in transmitting the records of monthly decisions to the Sudder Station, No. 192 0^1845. "" " and request that the Police Darogahs, subject to theii- control, may be famished with the Police Darogahs are requisite instructions for givhig effect to the directions therein contained. rules issued regarding transmission of iloon- j siffs' records monthly Circular issued to vie Civil Juctges, imcler date the 11th January, 1845. to the Suddei- Station. The Cotu't are pleased to issue the following remarks and orders, regarding the transmis- sion, by the several subordinate Courts, of the records of monthly decisions to the Sudder Station. > 2. By Clause 8, Section 10, Regulation XX. of 1817, Police Dai-ogahs are required to forwai-d, bj' the Thannah Dawk or by their Bm-kuudazes, as "occasions Aay offer," papers sent to them by the subordinate Civil Judges for that purpose. On the other hand, the trans- mission of the records of monthly decisions is directed to be periodically made, and cannot, if the rules prescribed by Cii-cular Order, Sudder Dewanny Acfawlut, No. 49, dated 20th Sep- tember, 1839, are to be enforced, be allowed to depend on the occasional opportunity, which a Police Darogah may think ^t, either to improve, or on the other hand to leave unheeded. Independently of this, the Court observe, the increased bulk of the records of the subordinate tribunals, arising from the enlargement of their powers and the consequent accession of judicial business before them, opposes a serious obstacle to the employment of the Thannah Dawk, as a means of conveying them to the Sudder Station. 3. The Com-t, however, are not disposed to dispense with the attendance of a Police Burkundauze, which is authorized by law, and affords some security for the safe arrival of papers in transit ; and they are pleased accordingly, with the permission of Government, to direct that the subordinate judicial ofiicers forward the records of monthly decisions by a specified date, to the nearest Thannah, for transmission to the Sudder Station, taking a receipt from the Darogah, or, in his absence, from the head officer present at the Thannah. The judicial officers wUl provide the requisite coohes for the conveyance of the records, and indent on the Judge for the expense incurred thereby. It shall be the duty of the Pohce Darogah to despatch the papers in question without delay to the Sudder Station, under charge of a Bm-kundauze. A eheUan, tmder the signatm-e of the judicial officer, exhibiting the date of transmission to the Thannah, and the nvmiber of misls, will accompany the records, and serve to shew whether there has been any delay on the part of the Police in forwarding them to the Sudder Station. ■4. The Judges are requested to determine the period, within which each Moonsiff shall be required to have his records of monthly decisions delivered to the Police Darogah, with due advertence to the necessity of enforcing the provisions of Cu'cular Order, Sudder Dewanny Adawlut, No. 49, dated 20th September, 1839, and with reference to the distance of each receiving Thannah from the Sudder Station. — Circular Order, Nizamut Adawlut, No. 192, of the 17th January, 1845. Eighth. — The Polics.-' Darogahs and their mohurrirs are required to forward by the Thannah Reg. XX. of 1817. Dak, or by the hands of their Borkimdauzes, as occasions may offer, such reports and papers ^^ by'Sawk'orothei-- as may be sent to them by the native Commissioners, for the trial of civil suits, for the ^'''^^i reports and 156 CIRCULAn ORDERS No. 5, of IS to. purpose of transmission to the Judge of the district ; and they shall grant receipts to the *- -Y ' native Commissioners for such papers as may be delivered to them. — Claiue 8, Section X izrbrrtti!-: Ji^o-ianon xx. o/isn. Coiuiuissioners. No. CLXVIII. TO THE MAGISTRATES AND JOINT MAGISTRATES, LOWER PROVINCES. No. 6 of 1845. No. 6. — Dated Monghyr, 1 0th May, lSi5. ' Directions re- X HE Criminal Statement, No. 1, directed to be furnished monthly by the th^'^'monthly * an°d J^Iagistrates of these provinces to the Court of Nizamut Adawlut, not being annual criminal fitted for my purposes as it at present stands, I have the honor to request See c o Su t of that you will in future furnish me with the monthly and annual statement ff^'^the^'aj^h^jiiiT; i" t'l^ accompanying form No. 1, A. 1852, and No. 8 of o. You wiU pcrccivc that I havc merely added columns to the statement the 22nd June, 1846. '■ prepared by the orders of the Nizamut Adawlut, aiid omitted all informa- tion not required for Police purposes, and I have not interfered with the classification, and this I have done not only to avoid trouble and confusion in your office from the preparation of two sets of forms, but also to obviate incorrect classification of offences under the six heads adopted by me* in my reports. 3. You will observe that commitments are not to be inserted. The IMagistrates' proceedings in such cases can only be considered preliminary, and all parties committed, are to be retained in the statement as pending, until their cases are finally disposed of by the Sessions Judge or the Niza- mut. The note in the annual statement will enable me to refer to such cases. 4. This form is merely intended as a pattern, and I havc partly filled it up and put notes to it for the purpose of shewing you the mode in which I wish it prepared monthly and annually ; of course you will continue to send me information of offences as they occur and of the means adopted by you for the apprehension and conviction of the criminals, and you will also continue to send me the undermentioned monthly and annual state- ments. * See C. O. No. CXXIX. SUPEEINTENDEXT OF POLICE, LOWER PROVINCES. 157 Monthly and annual comparative statement of crimes according to head- No. 6, of 1845. ings of Superintendent's statement, No. ] A. (Annexed.) v^ Return of dismissal of police* and ministerial officersf required by Circu- lar, No. 1 of 1839. Monthly return of convictions and acquittals.^ Annual register of escaped convicts, (No. l.)§ Register of persons charged with or suspected of specific offences, who may have evaded the pursuit of justice, (No. 3.)|| Return of rewards paid to Zemindars and others, (No. 28). (Annexed.) See c. o. No. ex. Return of Ferry Collections (Nos. 25 and 26 annexed) and of chowkey- daree assessment and expenditure (Nos. 29^[ and 30.**) Return of security of officers entrusted with the public money, required by Circular, No. 22ft of 1838. Statement^t of covenanted and uncovenanted officers exercising police control during the year ; this should include the Thuggee officers and De- puty Magistrates, but not Principal Sudder Ameens exercising magisterial authority only in the trial of casjes referred to them. * Care should be taken in the annual return to exclude those dismissed, but reinstated by me within the year. t See page 33, and C. O. No. CXrV. J See page 119. § See page 7. |1 See page 8. f See page 12. »* See page 13. tt See page 22. Xt See page 24. 2 s 158 CIRCULAR ORnF.ns No. G, of 1815. « V ' Stiitemcnt No. 1. A. Police Statement No. 1 A. for the Crime. .so a. V a O U JT ^ s =.= 5-; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 .14 35 36 37 38 39 40 41 42 r By Tliugs"," Murder, i. On the River . (_ Other cases, Wounding with intent to murder, Homicide, culp;tble, ., rWith murder, With torture With wounding or persoiv>l injury Unattended witli aggravating circumstances, .. . With murder With wounding or personal injury Unattended with aggravating circumstances, .. . Witli murder With wounding or personal injury, Unattended with aggravating circumstances, ,, Witli murder, Wi:h wounding or personal injury, t Unattended with aggravating circumstances, ,. . f With murder, I Of children for their ornaments, ■{ With wounding or personal injury, I Hy administering poisonous or stupifying drugs, l^Other cases, With murder h wounding or personal injury, nattended with aggravating circumstances, .. r For the purpose of selling into slavery, , tFor ot Dacoilee, • I River Da- ^ 1 coitee, . . Highway robbery, Burglary, •< Theft, f With \ With L Unal 6 • 4 b; 6 ISO 300 other illegal purposes, Cattle Stealing, Child Stealing Receiving stolen or )>lundered property knowingly, Importation of slaves and sale or purchase of imported slaves,. . . «. J With homicide ji ■• j^ Wittj violent breach of the peace, Assault with woumling or personal injury, Arson, Forgery or uttering forged documents or papers Counterfeitinir coin or uttering base coin, Perjury or Subornation of Perjury, Rape, Adultery Suttee aiding and abetting Crimes and offences not specified above, Attempts to commit any of the above, 450 =2 l" 60 10 134 401 30' D 4 31 Total. 30 Id 14 Detail of Heading 41. Commitments are not to be inserted in this state nent. The Magistrate's proceedings in such cases can be their cases are finally disposed of by the SUPERINTENDENT OF POLICE, LOWER PROVINCES. 159 for the Superinfenclent of Police, Loicer Provinces. 10 11 12 13 14 15 til— '_: 1^ Sv, — N 3 CO 3 Z Z lZ 30 80; 2 15 ( 16 17 18, 19 ZiZ z 2 ! M,H o 1216 4 1200 4 20 325 21 N^o. G, of 1815. Y ' Statement No. 1. A. Remarks. A — One of the-e cases in wliicli 2 persons were broui;lit to trial occurred in December of the previous yeiir. See Report, Ns. of the . B — One case occurred nt the close of the current ye^r ; the mofussil invcstig.Ttion is going on ; will re-iijtpear in column -1 of next year's return. C — Five of these were pending at the close of the past ye;ir. D — One ca«e tried this year occnrr* d in 18-13, two parties ev.'ided pursuit for the time, they were appreheniled and the case again brought on this year, See Report. E — This case originated in a disjuue about Und. See Report, No, of the , c 'it^iderfd nnfy preli'niJtary ; and all forties comtriitted are to be retoived in the iialenmits as peiidiug itniit Sessions Jvlge or the Kizimut Adawlul. 160 CIRCULAR ORDERS No. G, of 18-15. « ^ ' Statcmont No. 1. A. Attempts. 1 2 3 4 5 6 7 8 9 10 11 12 13 u 15 16 17 18 19 20 « o >. . >« x >. . >. " bO j= « .o ■° s .a ja ^ ^ S •a -a T3 £'-a -a , ^, :: c S s V B 'm o ^ ^ « 5-c 13 s > -« > a Si g "S £ l"3 w -2 o :3 o ■a S « O Crime. S a ! -i S <= o 5 '3 'S J3 s = §1 O- V is a p =1. « ^ to c c . a o i § a o *■ o a. J 1 8 o « .s _ s o ^ o o Si'o'^ "= "' o E o « .'c ^ o o ■s S U r2 o « »- J3 « ^^ 1 O O s.s c o w fe .2 SS 5 t S V .^ V o a" £ s «: k 7, «£ SI _ J3 nj -= &* -3 'x ^ « J3 J= 1 2 J 0.0 S.2 3 i .2 = S 3 as 11 = 2 = «i i^ a 3 a 9 a 3 13 § e o §■ 2 w ^ . ^ CU 2 2, 2 z ^ ;^ 2 2 ?: Q u Eh -^ b: Total, • 1* ( > Annual note of cases committed still pending before Superior Court and Nizamut \_to be itaerted at the foot of this statement"]. Statement No. 1. Number apprehended during ■ A., Part 11. or attending on Summons, as per columns 5 and 6, part 1. By the Police Officers. Total. Statement No. 1. A., Part III. Note. See C. O. No. XL. Number of Persons apprehended, sent in or released by the I'olice. 1 . Total number of persons apprehended • 2. Sent in by order of the Magistrate issued in consequence of the Police officers' report,.. 3. Sent in by the Police officers on their own authority, 4. Released onbxil 5. Fending inTestigation at the Thannah, Total, NOTE. Persons apprehended. Released. Punished. Pending. Remarks, Summoned by the Magistrate, . . Sent by the Police Darogah Total 1 SUPERIXTEXDENT OF POLICE, LOWER PROVINCES. Paet IV. — Details of columns 7 to 13. 161 1 2 Disposed of. i Assistant or Deputy Mao'istrate, ••••■•.. •• •••••l....** •..•>• ■■...• • ..■■■. •• Principal Sudder Ameen » , , • Sudder Ameen, , - * Total MEMORANDUM. Theft Burglary Total, Number. Enquired into at the requisition of the persons robbed. Enquired into by order of the Ma- gistrate. No. 6, of 1845. (^ ^ ' Statement No. 1 A. part IV. Memorandum. See C. O. No. XL. Not enquired into under Regulation II. of 1832. 2 T 1G2 CIRCULAR ORDERS No. G, of IS 15. > V ' Monthly and Annual. p t'v St t? Comparative Statement of Heinous Crimes committeJ in the District of . " 184 — , and of the corresponding month in the ] in the month of preceding year. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Description of Crimea. r By Thugs, ... Murder, < On tlie river, [ Other cases. Wounding with intent to murder, . Homicide, culpably fWith murder. Dacoitee, River Dacoitee, . . ■ Highway robbery. Burglary, .... Theft Cattle-Stealing, Child-stealing, With torture With wounding or personal injury, Unattended with aggravating circumstances, .. . With mur6er, With wounding or personal injury Unattended with aggravating circumstances, .. . ~ With murder With wounding or personal injury, Unattended with aggravating circumstances, .. . With murder, • With wounding or personal injury, . Unattended with aggravating circumstances, •> . With murder With murder of children for their ornaments,.. . With wounding or personal injury, By administering poisonous or stupifying drugs,. Other cases With murder, With wounding or personal injury Unattended with aggravating circumstances, .. , f For the purpose of selling into slavery \ For other illegal purposes Receiving stolen or plundered property knowingly, Importation of slaves, and sale or purchase of imported slaves, . ^ r With homicide, y' \ With violent breach of the peace Assaults with wounding or personal injury, Arson, Forgery or uttering forged documents or papers, Couiiterfeitini; Coin or uttering base Coin Perjury or subornation of Perjury, Rape, Adultery Suttee, aiding and abetting Crimes and otfences not specified above, Attempts to commit any of the above, In 184— In 184- Increase. Decrease. Total, See Circitlar Order, Superintendent of Police, Lower Provinces, No. 26 of 22nd June, 1838. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 163 No. 2S. — Zumeemlars, Police, Jail and other Officers, and all other persons rewarded in matters relative to Police in Zillah , during the year 184 — . No. 6, of 1845. I ^ > Statement Jfo. 28. 1 2 3 4 5 6 7 No. Names of the per- son and of his Father. Family Residence. Office, if a public Officer; if not, his situation in life may be noted. Nature of reward and amount if pecuniary. Cause and date. Remarks. ' -> « • • No. 25. — Annual Cash Account of Ferry Collections of Zillah ■ -,for 18-1—. Br. Cr. Date. Items. Rs. As.' 'P. Rs. As. P. Date. Items. Rs. As. P. Rs. As. P. ) - Statement No. 25. 164 CIRCULAR ORDERS No. 0, of 1845 . ^ ' V 'I Statement No. 26. s ^ ft? o ;2; 11 12 « C8 }0 J0A8J ui aJueiBg cJ < cn o •ajnjipuadxa jsjox Cw° -< £ ' o> insraasjnqsiQ joj Xiijoinny 00 •0'? 'saSpug 'spEO-ji jo SJlBlidJ JO lUnoSDE uo sjusuiasjnqsig o: 1 £ 1 »» ""«: 1 sq) o] dn )U3m £ 1 to 1 1 OB < t deposits made by subordinate officers should be endorsed over to the official head of the department or office concerned, and that being lodged in the General Treasury thus endorsed, such securities should be returnable only under an official order from the Secretaiy to the Government in the Department to which the depositor belongs. 1845. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 171 5th. Under these circumstances it will of course be necessary, if with the pcrmis- ^'o- 12, of 1845. sion of Government the parties should so desire it, that you should draw the interest g. O. 26th July, accruing on the securities in your custody, and pay it over to the officer concerned, in cash, if in Calcutta, or by biU on the Revenue Treasury of the district, if the deposit is for the due performance of duty in the Mofussil. 6th. In .this general rule it is not intended to include securities deposited with public officers for revenue or judicial purposes, or for the performance of any ordinary contract for supplies, as such securities are necessarily returnable at uncertain periods on the completion of the contract or obligation, and would be inconveniently encum- bered by forms which are sufficiently applicable to a comparatively permanent deposit, for the faithful discharge of public duty, and for security against loss of Government property. See Circular Order Board of Revenue, No. 19, of the 22nd September, 1845. t.j r tj C. O. Bd. of E. • • No. 13 of IS46. With reference to Circular Order No. 19, dated the 22nd September last, I am Interest on Govt. directed by the Sudder Board of Revenue to intimate for your information, and for in^General Treasury communication to the authorities subordinate to you, that the Sub-Treasurer has been ^,' =eciu-ity, will be •"^ _ _ drawn by bub-irea- empowered by Government to act on the requisitions of public officers, without the surer on requisition special intervention of Government, in drawing interest on Government Promissory Notes, deposited by them in the General Treasury as security for the performance of official duties by their subordinates". — Circular Order, Board of Revenue No. 13, of the 22nd May, 1846. No. CLXXIV. TO THE MAGISTRATES, AND JOINT MAGISTRATES, LOWER PROVINCES. No. 13. — Dated Monghyr, 14th October, 1845. * No. 13, of 1845. X HAVE the honor to acquaint you, that I have been authorized by the Establishments of Government to exercise a discretionary power in alterine the scale of estab- P'^P^^y j ,''®-^' •'_ ' ° trates and Assis- lishment sanctioned for Deputy Magistrates and Assistants in charge of tants. sub-divisions, laid down in the orders of the 27th February last, provided that the aggregate amount of each establishment does not exceed 90 rupees See c. o. No. CLXXXV. per mensem. 2. Should your Deputy Magistrate, or any officer who may be hereafter nominated to the charge of a sub-division, require any departure from the scale above referred to, he will submit his proposed alterations through your office for my sanctic«i. See Rules relating to Deputy Mnyistrates,. in the Appendix. CIRCULAR ORDERS No. 14, oi- 1845. Circular Order Xo. H of the 16th October, 1845, intimated the intention of the Superintendent of Police, Lower Provinces, to make a tour of the south-western districts of Bengal, and contained directions for send- ing letters to his address while on the tour. No. 15, of 1845. Circular order No. 15 of the 20th October, 1845, contains instruc- tions regarding the form in which the Superintendent of Police desired recommendati(ins for the promotion of Darogahs to be made to him. These instructions and the form have been superseded by the orders of Govern- ment, dated 17th Februarj, 1854, quoted at pages 115 to 117. No. CLXXV. TO THE MAGISTRATES, AND JOINT* MAGISTRATES, IN THE LOWER PROVINCES. p No 16 of 1845 ^'^- ^^- — I^'ited on the river, 20th November, 1845. Insti-uctions ro \_ HAVE the honor to request that you will forward me your annual state- ^ "1° , r™* t 'i^^"'^^' ^s ^^^h' ^^ practicable after the close of the year, (wliich can easily be done, if tlfc statements are made up now to the close of November,) as the time for the transmission of my report has been limited by the Government, and it will be necessary for me to notice any delay in the sub- mission of the necessary statements by you. 2. As the new forms may occasion some trouble, I beg to acquaint you that the cases and persons pending trial at the close of ,the last year should be submitted in a supplementary statement, but that all persons arrested during the year 1845, for offences perpetrated at any former period must be entered in column 4 of statement No. 1 A, and accounted for in the other columns, a note being given as to the cases in which they were arrested, as •No CLXVin. shewn in the form which accompanied my Circular* No. 6 df the 10th May last. SUPEllINTENDENT OF POLICE, LOWER PROVINCES. 173 No. CLXXVI. TO THE SESSIONS JUDGES, LOWER PROVINCES. No. 17. — Dated on the river, 20th November, 1845. -^^^ ^^ of 1843 X HE Goyernmeiit having fixed the period within which I am to furnish Eequesting the my annual report, I have the honor to request that you will be kind enough +1" '^ J"^ jnents" of to furnish me with the statements of convictions and acquittals in the cases convictions aud committed to you for trial, as soon as possible after the close of the year. ^ I do not require the detailed remarks forwarded by you to the Court of NIzamut Adawlut, excepting in cases where you may be of opinion that the Magistrates or the Police officers have not exerted themselves, or have acted wrong in the conduct of. the preliminary proceedings. All I want in the other cases are the names of the parties, the crimes with which they stood charged, and the result of the trials. * ac- No. CLXXVII. TO THE magistrates; AND JOINT MAGISTRATES, LOWER PROVINCES. No. 18. — Dated on the river, Rampore Bauleah, 22nd November, 1845. x^ ig of 1843. H AVING brought to the notice of the Hon'ble the Deputy Governor of Security not to Bengal, that some Magistrates called for security from their Police Darogahs, jj^g Daroo-ah" °' under Section 6, Regulation XXII. of 1793, and that I considered such a proceeding inexpedient, I am directed to acquaint you that his Honor con- curs with me in opinion, and you are requested not to put in force the provisions of the Section above referred to. VI. The Magistrates are to nominate the Daroscahs in the first instance, and to fill up ir „• . .' . ^ o ' '■ Magistrates to ap- all future vacancies. Thty will in consequence be held responsible for selecting persons dul\' point the Uai'ogalis. qualilied for the trust. But no Darogah is to be removed from his office, except upon proof removed but for in- of incapacity or misconduct to the satisfaction of the Governor-General in Council, and no cap'>fity or misoon- ..... . duet, proved to tlie person is to be appointed a Darogah without giving security for his appearance in the amount satisfaction of Govt. of one thousand rupees, himself in five hundred, and two responsiltle persons in two hundred ^l^cuntT rciiuired to '^ '^ '^ quality a person for and fifty each. Whenever the Magistrates shall deem any Darogah disqualified for his station, the office of Darogah, either from incapacity, misconduct, or other cause, they are empoweved to suspend him, and to appoint a peyson to officiate pro-tempore in his room, reporting immediately the grounds of his suspension to the Governor-General in Council, who will determine whether he shall be removed or continue in his office. — Regulation XXII. o/"1793, Section VI. 2 Y 174 CIRCULAU ORDF.RS No. CLXXVIII. TO THE MAGISTRATES, AND JOINT MAGISTRATES, LOWER PROVINCES. N.). 1, ol' islU. No. 1. — Dated Tipperah, 2nd January, 1 846. Countersisiiatuiu J^ HAVE the honor to forward for your information and eruidance, copy of 1)V Civil Officers of •' b ' i / plans ami other do- a lettei No. 2207, of the 17th ultimo, from Mr. Under-Secretary Turnbull, ouments relating j address of the Military Board. to public works. ' G. 0. i7tli Decern- From A. TrriNiiVLL, E.s'y. Under-Secretary to the Government of Bengal, to the ber, 1845, No. 2207. Militury Board, No. 2-207, dated \7th December, 1815. .ludioial. It was deemed advisable to invite the opinions of the civil authorities before coming to a final determination in rega-d to Licntenant-Colonel Garstin's suggestion for amending the existing system of countersignature by cinl oIBcers of plans and other documents relating to public works, and I am now directed by the Deputy Governor of Bengal to state for the information of yoiu- Board, tliat the majority of the officers so consulted concur in the view expressed in yom- letter No. 8213, of the 18th April last, as to the expediency of allowing such officers an opportunity of offering remarks regarding public works connected with their respective departments. 2ud. Such a check, his Honor doubts not is usefid especially in regard to works executed at stations seldom visited by the Executive Engincei-s. Adverting, however, to the misapprehension so generally prevalent among civil officers in regard to the object of countersiguatiu'cs, (which are deemed by some as ''mph-ing a tacit approba- tion or confirmation of the statements contained in the documents to wliich they are affixed,) his Honor desires that the present mode of obtaining such attestations be dis- continued and that a separate heading be introduced in all documents requiring counter- signature for the remarks, if any, of civil functionai-ies, and when they ha^■e none to make, for the simple record of the fact. But whether any observations are recorded by civil officers or not, they will be given to imderstand distinctly, that no papers are to be unnecessarily detained by them, and for the purpose of ascertaining upon wliom the blame of delay may rest, the Executive Engineers should be required invariably to note the dates of despatch, and civd officers those of receipt and return. 3rd. Orders to this effect will be issued to the heads of Departments under this Government, and yoiir Boai-d ai'c requested to addi'ess coiTesponding instructions to the Executive Engineers within the same circle. Civ. Orders, Milv. I am directed by tbe Military Board to aimox copy of a letter Xo. 2207, dated the 17th current, from Mr. Under-Secretary Turnbull, aud to request your particular attention, and that of all executive oflBcers in your circle, to the instructions laid down therein for the general guidance of the Department of public works. SUPERIXTEXDENT OF POLICE, LOWER PROVINCES. 175 2nd. The Board request that whenever papers to be submitted for the countersignature of No. 1, of 1846. eivil authorities, are prepared in a tabular form, a column be invariably inserted under the v head of •' Eemarks by the ci\'il authority." In the case of bills and estimates, and such papers, it will be necessary- to indicate the place for such remark by writing in distinct characters in the proper place " Remark by the civil authority" leaving below ample space for the same. — Circular Order Military Board, No. 193, dated ^Qth December, ISJ^S. Under orders from Government dated the 6th instant, the bills of Engineer officers employed in the survey of Cantonments, are to be submitted to Superintending Engineers, through executive officers .of Divisions by whom they are to be countersigned, the bills will afterwards be forwarded to the Military Board's Office for audit, with the additional counter- signature of the Superintendmg Engineer. Secretary to Government, Revenue Department, dated 28^ .- 6 g 1.1 t-t P s Do. without aggravation. o ^ 5 Q*^ fil a§ fig • 7 9 130 561 3 2 26 No. 13. of 1846. ~Y~ We are ?lad to learn that in its more aggravated forrrj, this crime, so destructive to the peace and good order of society is not of frequent occm-rence. From the expla- nation given by the Superintendent, the other more numerous cases seem to be attri- butable to distress on the part of tlie Ryots, arising fi'om a failure of the crops which lays them open to the instigation of the Sirdar Dacoits. "With regard to the Skdars and to the receivers of plundered property who systematically follow Dacoity as a profession, we conceive that under the direction of the Superintendent of Police, mea- sures might be taken for keeping a Register of the chief persons of either description, as has been done with such success in the Thuggee Department, such a Register might gradually be formed by preserving and connecting together the information pro- cured with respect to each rpmarkable dacoity. Information for the same purpose might often be procurable from prisoners, either before their trial or while undergoing their sentence. In no long time we should hope that every heinous case of dacoity might with confidence be traced to the parties at whose instigation it had been per- petrated, and great facility might be afforded in obtaining evidence to ensure their con- viction in a court of justice. 3d. Care should be taken that persons about to be brought to trial for dacoity or under sentence of imprisonment for that crime, should not have such means of com- munication with other parties, as may be used in the one case for the corruption or intimidation of witnesses, or in the other case for effecting their escape. Circular Order No. 1 4, of the 1 5th Decemher, 1846, circulated " a list of Police Officers dismissed from the force for disqualifying offences, and who are not eligible for employment without a special reference" to the Su- perintendent of Police, Lower Provinces. 3 A No. 14, of 184G. 186 CIBCULAn ORDERS No. 1, oflSlT. Circular Order No. I, of the 20th February, 1847, intimated the intention of the Superintendent of Police, Lower Provinces, to proceed to Calcutta. No. CLXXXIX. TO -THE MAGISTRATES AND JOINT MAGISTRATES, LOWER PRO^'INCES. No. 2, of 1847. No. 2. — Dated Garden Reach, 29th April, 1847. Magistrates not J^ HAVE the honor to annex for your information and guidance copy of a Board ^ QuarteHy communication, No. 8621, of the 12th of March last, from the Secretary to Statements of Fer- ^jjg Military Board, requiring Magistrates to dispense with the transmission ry Funds. ^ -. , ti i * See c. o. No. 0^ Ferry Fund quarterly statements* to the Board. LXXVIII.' From Capt. G. T. Green, Secretary to the Military Board, to W. D.\mpier, Esq. Superintendent of Police, Lower Provinces, No. 8621, dated I2tk March, 1847. A\'ith reference to the accompanying copy of au extract, I am directed by the Jlilitary Board to request you -will have the goodness again to point out to the Ci^il Authorities, that the submission of the quarterly statements of Ferry Funds to this office, is no longer necessary. Extract from the Proceedings of the Hon'ble the Deputy Governor of Bengal, in the Judicial Department under date the 4th of July, 1842, Xo. 876. Read a letter No. 916, from the ^Military Board, dated the 17th idtimo. Ordered that the Military Board be informed, that the Hon'ble the Deputy Go- vernor of Bengal approves of the discontinuance of the Ferry Fund quarterly state- ments furnished to the Board by the Magistrates. Ordered also that the copy of this resolution be scut to the Sui)erintendent of Pohce in the Lower Provinces. SUPEUINTENDEXT OF POLICE, LOWER PUOVIXCES. 187 No. CXC. TO THE MAGISTRATES AND JOINT MAGISTRATES, LOWER PROVINCES. I No 3.— Dated, 29th May, 184 7. No. 3, oflsi". HAVE the honor to forward you an extract, paras. 2nd, 3rd and 5th Private servants c T-.,- c y /^ f ■\T »,,,,. ,. emplovedastruards, trom a Resohition or the Court ot Aizamut Adawlut dated the 25th instant, watchmen. &c. No. 467, ruling that all private servants employed as guards, watchmen, &c. "^"^^ withm Sec. I J D 21, Keg. XII. of come within the rules of Section 21, Regulation XII. of 1807. 1807, and lists of 2nd. I request that you will most carefully enforce the provisions ^f ^Jj"" *° ^'^ ^'"'"'''''■ that law within your District, taking care that the lists required are regu- larly given in to you as well as to the Assistants or Deputy Magistrates in Lxni. charge of sub-divisions. Extract Jrotn a Resolution of the Presidency Court of Nizamut Adawlut, under date the Toth May, 184.7, No. 467. 2nd. An appeal was preferred to the Sessious Judge, wlio remitted tlie fine im- posed on , on the grounds that Chedam Sirdar was not of that class or des- cription of servants, of which, inider Section 21, Kegulation XII. of 1807, the Zemindars are required to furnish annual lists to the Magistrate. 3rd. The Superintendent of Police requests the attention of the Court to the construction put by the Sessions Judge on the above quoted Section and Regulation, ui'ging that it is erroneous. 5th. As regards the point to which the Superintendent of Police has called the Court's attention, it has recently been decided in correspondence with the Western Coiui;, that private chowkeedars or watchmen of whatever denomination employed by individuals for guarding their houses, shops, or other premises, are required by the Regidations to assist the police officers in preventing robbeiy or other crimes, and in apprehending offenders. A circular to this effect has been issued by both Courts under date 31st March, 1847. Now the object to be attained by requiring the Zemindars to furnish annual lists of the pykes, chowkeydars. Sec. or any other description of watch- men or guards, is stated in Section 21, Regulation XII. 1807, to be "to enable the zillah and city ilagistrates at all times to ascertain what number and description of watchmen and guards are maintained in aid of the police throughout their respective jurisdiction." It follows as a necessary consequence that all private servants em- ployed as g;uards, watdimen &c. come within the rules of Section 21, Regulation Xli. 1807. 188 CinCUI.AR ORDERS \ tl 1" IS r Section 21. By Section 13, Regulation XXII. 1793, the Police Darogah is directed to keep I a register of the village watchmen declared subject to hia orders ; and upon the death or Reg. XIl. of 1807. romoval of any of them, the Landholders, or otheri,, to whom filling up the vacancies may _ . . . . belong, are required to send the names of the persons whom they may api>oint, to the Darogah Sec. 13, Rt'pulntioii of the jurisdiction, that they may be registered by them. For the more complete formation k' viu4c' wat'himm of tl>e register in question, and to enable the Zillah and city Magistrates, at all times, to to bo sent to ilio ascertain what number and descriptions of watchmen and guards are maintained, in aid of the ib "^brcuch of'^'this Police throughout their respective jurisdictions, it is hereby further required, that every Land- "^'*-"- holder, farmer, merchant, or other person, employing Pykes, Chowkeedars, Pasbans, Nigabans, Burkundauzcs, or any other description of watchmen, or guards, shall, within three months after the promulgation of this regulation, transmit a list thereof, specifying the names, occupa- tions, places of residence, and allowances in land or money, of the several persons entertained by them, to the Magistrate of the Zillah or city in which they are employed. They shall also transmit to the Magistrate a similar list, in the first month of each succeeding Bengal, Fussily, or Willaity year, (acwrding to the era current ia the district,) made up to the last day of the preceding year : any neglect to furnish such lists, (especially after being called upon by the Magistrate,) as well as any wilful omission to include in them persons actually employed as guards or watchmen, of whatever denomination, shall be liable to a fine to Government not exceedino- two hundred Rupees ; to be determined by the Magistrate, according to the situation of the party and circumstances of the case. — Eegulation XII. o/'lS07, Section 21. Constn. ii.Wof 1838. Pai'a. 2. The Court propose to inform the Magistrate of Dinagepore, in reply to his ques- h^v% brcomiuuted '^'''"' *^** ^^^^^ ^"^^ principle recognized in the Court's Construction No. 388, of the printed to imprisonment. Construction Book, any fine imposed in conformity to Section 21, Regulation XII. 1807, the" Zeraindar!'^''the should be commuted, if not paid within a given time, to imprisonment for a hmited term, manager of the estate g With reference to Mr. BentaU's second question, the Court are of opinion, that in the absence of the Zemindar, the actual manager of the estate is the responsible person, and should be proceeded against, in default of compliance with the requisitions of the law cited. — Con- struction No. 1150, oj the 27th September, 1838. Reg. XIV. of 1807. Sijctk. All private watchmen entertained by individuals for guarding their houses, shops, Rulis i 1 respect to pri- q^ Q^;iiej. prgjuises within the CutwaUee jurisdiction are required to act in concert with the Tate watchmen enter- ' •* . , , /-■ tained and paid by in- officers of Police in maintaining the peace, and are declared subject to the orders of the Cutwal, and of the Darogahs of their respective wards in all matters relative to Police. If such watchmen be found deficient in performing the duties required from them, they shall be dismissed at the requisition of the Magistrate, who is also empowered to see that none but proper persons are appointed in their stead. — Clause 6, Section 11, Regulation XIT. of 1807. C. O. Nizt. Adwt. Doubts having been entertained as to whether the implication of a private Chokeydar or °" '' ° ** ' ■ watchman in a burglarv, renders his commitment to the Sessions Court comptdsorv under the Private watchmen ", . ^n ,. ■«'T¥ciT.-.ii/~< i",- declared to be within provisions of Clause 2, bection 2, Regulation \11. ot 1818, the Court are pleased to direct the the meaning of t)ie attention of the trimimd authorities to the terms of Clause 6, Section 11, Regulation XIV. of rule m Clause "2, bee. 2, Keg. XII. 1818. 1807, and Clause 9,* Section 21, Regidation XX. of 1817, which deciare that "private watch- • See page 56. ^g^ entertained by individuals for guarding tlielr houses, shops, or other premises," within the towns or villages where the Darogalis of Police or officers of outposts may be stationed. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 189 and within the Cutwallee jurisdiction, shall be considered subject to the orders of the Police jfo 3 of 1847 Officers, and are required to act in concert with them. ^^ Y ' 2. The provisions, however, of Clausj 6, Section 11, Rearulation XIV. of 1807, beino- de- ,,. ^\ ^'^T?*^: ^'''^*- . ' o JO I^Q 5^ of 184/. elared by Clause 4, Section 12,* of the same regidation appUoable to " private watchmen, enter- * Re c' 1 d b tained by individuals, for guarding their houses, &c. within the towns, gunjes, or other places clause l, Sec. II. Re- forming part of any Mofussil Police jurisdiction," it foUows that private watchmen, of what, ever denomination and by whomsoever entertained, are " required by the regulations to assist the Police Officers in preventing robbery or other crimes and apprehending offenders," and that being thus in the same category with the chowkej'dars and others, described in Section 4, Regulation III. of 1805, they come within the intent and meaning of the rule contained in Clause 2, Section 2, Regulatioil XII. of 1808. — Circular Order, Nizamut Adawlut, No. 5, of the 31st March, 1847. gulationXX. of 1817. No. CXCI. TO THE MAGISTRATES, JOINT MAGISTRATES, AND ASSIS- TANTS IN THE THUGGEE DEPARTMENT, LOWER PRO- VINCES. No. 4. — Dated Garden, Reach, 7th June, 1 847. No. 4, of 1847. I HAVE the honor to forward you copy of a letter from Mr. Under- Style of address Secretary Young, dated the 2nd instant No. 39, to Raja Sutt Churn Ghosaul ^^.^^^jg j^*:^i^ s^tt Bahadoor, regarding the mode of addressing that nobleman, by the titles Chmn Ghosaul conferred on his late father to which he has succeeded, and to request your attention to the same. 2nd. The style of address to be adopted in communication with the Raja is From A. R. Yorxo, Esq. Undei'-Secretary to the Government of Bengal, to Raja Sutt Churn Ghosal Bahadoor, No. 39, dated 2nd June, 1847. In reply to your letter dated the 26th vdtimo, bringing to notice the omission on the part of the officers of Government in addressing you by the titles conferred on your late father, and to which you have succeeded, I am directed to inform you, that instructions wiU this day be issued to the several authorities to observe the style of address to which jov, are entitled, in their future communications with you. 3 B 190 CIRCULAR ORDERS No. CXCII. TO THE MAGISTRATES AND JOINT MAGISTRATES IN THE LOWER PROVINCES. No. 5, of 1847. No. 5. — Dated Garden Reach, 29th June, 1847- Previous convic- J.N calling on a party to furnish security under the provisions of Regula- Ilq'l^ing Tcm% ^^°^ ^III. of 1818, you should be very cautious in taking into account for good behaviour, previous convictions against him. As a general rule, such convictions should not be considered. The party has been punished for his offence, and only recent circumstances indicating a dishonest mode of life, can be considered to warrant the demand ■of security. The above is the rule laid down by the Court of Nizamut Adawlut and to it I request your particular attention. C. O. Nizt. Adwt. I am desired by the Court of Nizamut Adawlut to forward to you, for your informa ^"secLky^n'oMo be tion and guidance, the accompanying extract (paragraph 28,) from a letter written by required without j^g |jy order of the Court of Nizamut Adawlut, to the Secretary to Government in the proof of rcceut bad ' i,,^/,,<~. ic u-r Uvelihood, Judicial Department, under date the 26th September last ; and of paragraph o oi a letter this day addressed by me to the same authority, connected with the report fur- nished by the late third Judge of the Patna Court of Circuit, on the conclusion of the first sessions of that di\isiou for the year 1827, together with an extract from a letter written to the late Benares Court of Circuit, on the 31st \ugust of that year containing the construction given by the Co\u-t, of Regulation VIII. of 1818. 2d. You are requested to furnish the several magistrates in your didsion with a copy of the former extract, and to require them to conform thereto. Extract from a letter from the Register of the Nizamut Adawlut, to the Secretary to Government in the Judicial Department, dated the 2Gth September, 1828. 28th. The laws which regulate the demands of security from persons of suspicious character are susceptible of considerable modification and improvement, and there is too much reason to believe that Mr. Elliot's report presents no exaggerated picture of the evils experienced from the present system of procedm-e in such cases. The con- finement of an individual in jail, ou a requisition of scciuity for good conduct, without proof of recent circumstances warranting the imputation of dishonest livelihood at the time of apprehension, is a manifest act of injustice. Regulation VIII. of 1818, could never have been intended to authorize a practice of this nature, and the Magis- trates will be accordingly directed to abstain from so erroneous a construction of the enactment, while the Court of Circuit will be particularly required to report any SUPERINTENDENT OF POLICE, LOWER PROVINCES. 191 deviation from these orders to the Nizamut Adawhxt, with a view to its being brought jjo. 5 of] 847. to the serious notice of Government. The attention of His Lordship in Council will, ^ O. Nizt. Adwt. no doubt, be directed to the proposition of the Circuit Judge for restricting the powers No*^26^on829^ of the Magistrates to the requisition of secm-ity from persons of dangerous character alone, whose restraint is necessary for the public welfare. It must, however be observed, that by Clause 2, Section 8, Regulation VIII. of 1818, a Circuit Judge is empowered, on the prisoners petitioning, to call for the proceedings, and annually modify or confirm the order of the Magistrate, according to the circunistances of the case. Extract from a letter from the Register of the Nizamut Adawlut, to the Secretary to Government in the Judicial Department, dated the \oth May, 1829. 5. On the subject noticed in the 33rd paragraph of your letter, I am directed to state the opinion of the Court, that the period for which the Magistrates are now authorized to detain persons in defaidt of giving secmity, is not too long, supposing due control to be exercised over their proceedings ; but tbp Court are, at the same time, of opinion that the orders of the Magistrate in such cases, should be at all times open to revision. A construction to this effect was given by the Nizamut Adawlut on the 31st of August, 1827, with reference to the powers, in this respect, possessed by the Courts of Circuit at the Sudder Station. This construction will be circulated to the several Commissioners of Circuit, with an intimation that they are equally competent to exercise the same powers. Extract from a letter from the Register of the Nizamut Adawlut, to the Benares Court of Circuit, dated the ^\st August, 1827. Fifthly. Section 4, Regulation IV. of 1825, should not be construed to preclude an individual in confinement for security, under the pi'ovisions of that rule, from preferring an appeal to the Court of Circuit at the Sudder Station, when no order may have been passed on his case by the Judge of Circuit at the Sessions of jail delivery preceding ; and the Judges of the Court of the Sudder Station are competent to pass such orders thereon, under the general regulations relative to appeals, as may appear in their judgment to be just and equitable. Circular Order, Nizamut Adawlut, No. 26, dated the loth May, 1829. Circular Order No. e of the SOth August, 1847, called for information No. 6, of 18i7. in reference to a Circular of the Civil Auditor, to enable that functionary to prepare analytical statements of the Civil Establishments. 192 CIRCULAR ORDERS No. CXCIII. TO THE MAGISTRATES AND JOINT MAGISTRATES IN THE LOWER PROVINCES. No. 7, of 1847. No. 7. — Dated Garden Reach, 22nd September, 1847. Travelling allow- J^ HAVE the honor to forward you copy of the orders of the Government Magistrates.'^^'" ^ No. 1894, dated the 8th instant, with enclosure granting to Deputy Magis- trates in charge of sub-divisions, a travelling allt/wance of 3 Rs. per^diern whilst moving about their jurisdiction. 2. This order does not interfere with that of the 1st July, 1846, au- thorizing an allowance of 5 rupees a day to Deputy Magistrates residing at Sudder Stations and drawing an allowance of 200 rupees per mensem, when deputed to the interior on duty. See C. O. Ho. CLXXXIT. G. O. 8th Septem- ber, 1847. Judicial. Pt-orn W. Grey, Esq. Officiating Under-Secretary to the Government of Bengal, to W. Dampie^, Esq. Superintendent of Police, Lower Provinces, No. 1894, dated 8th September, 1847. With reference to your letter No. 30, dated the 11th January last, and enclosures, I am directed by the Hon'ble the Deputy Governor of Bengal to transmit for your information the accompamang copy of a communication No. 527 of the 28th idtimo, from the Secretary to the Government of India, in the Home Department, sanctioning the "-rant of travelling allowance at 3 Rupees per diem to Deputy ilagistrates, whde actually employed in monng about theii- districts. Bills on this account may be sub- mitted m the same way as those now sent iu by covenanted assistants, when deputed into the interior of their districts. 2. The original enclosures of your letter are here^vith returned. G. O. 28th Augt. 1847. Home Department. Judicial. FroniG. A. BvsHBY, Esq. Secretary to the Government of India, Home Department, to F. J. Halliday, Esq. Secretary to the Government of Bengal, No. 527, dated 2Wi August, 1847. I am directed to acknowledge the receipt of your letter No. 1700, dated the 11th instant and to state in reply, that as recommended by His Honor the Deputy Governor in the concluding paragraph of that letter, the President in Council is pleased to sanction the grant of travcUing allowance at 3 Rui)ees per day to Deputy Magistrates appointed bv Act XV. of 1843, whde actually cmoloycd on tours or deputatious of duty. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 193 No. CXCIV. TO THE MAGISTRATES, JOINT MAGISTRATES, AND ASSIST- ANTS TO GENERAL SUPERINTENDENT IN THE THUGGEE DEPARTMENT, LOWER PROVINCES. No. 8. — Dated Garden Reach, 30th Decejnber, 1847. No. 8, of 1847. I REQUEST that you will notify to all the Ministerial and Police Officers Requiring obser- subordinate to you, that in future I shall rigidly enforce the rule requiring ^ ^py ^f l^i orders copies of all orders appealed against, to be sent or presented with the peti- appealed against tions of appeal to this office, and that all petitions unaccompanied by such ^^^^.^^ appeals. copies will be rejected. , , See Circular Orders No. XXVI. (pages 19 and 20,J,and CLXI. (page 146.; Circular Order No. l, of the 21st January, 1.848, circulated " a further No. 1, of 1848. list of Police officers dismissed from the force for disqualifying offences, and who are not eligible for re-employment without a special reference" to the Superintendent of Police, L. P. No. CXCV. TO THE MAGISTRATES AND JOINT MAGISTRATES IN THE LOWER PROVINCES. No. 2. — Dated Garden Reach, 26th January, 1848. No. 2, of 1848. Under orders from the Hon'ble the Deputy Governor of Bengal I have Ferry Fund ^ . „ Kules 01 1S4S. the honor to furnish you, for communication to the Ferry J^ und Committee or supersedes c. o. your district, with new rules for its guidance in future. 2. You will be good enough to report to this office on the working of the seeC. o. No.c.>:v. same at the close of the current year. Rules for the Future Appropriatiox of the Surplus Ferry Collections. 1. Committees shall be formed in eacli District for the management of the surplus Ferry Fiuid Bides. Ferry Funds collected under Regulation VI. 1819, and applicable under Clause II. Section VII. of that enactment, for the promotion of tlic convenience and safety of travellers, and the facility of commercial intercourse. 3 c 194 CIRCULAR, ORDERS No. 2, of 1818. -y- Fin'i7 Fund Rules. * In rccommcndiiif; such persons, the groundi* of rccom- iiiendution to be stated. O. O No. 29 of 5th Jan. 1849. * Modified by Govt, Order No. 912 of the 22nd April, 1854, ap- pended. 2. Eacli Di.strict Committee shall consi.st of not more than nine persons. The Magistrate of the District and the E.xceutivc OfTicer of the Division, shall be cx-officio Members of the Committee. The remainder shall in the first instance be appointed by Government upon the recommendation of tlie Superintendent of Police, and shall consist as well of persons out of the service,* Natives and Europeans, as of those who are connected with it. Future vacancies to be filled up by the Superintendent of Police, subject to the approbation of Government. 3. The Superintendent of Police shall be a Member of the Local Committees, and preside at the meetings whenever he is present. lie shall also have a casting vote, whether absent or present, when opinions arc divided. ' 4. The Magistrate will from time to time convene meetings of the Committee for the transaction of business, giving due notice to the ^Members. 5. No meeting of the Committee shall be held in the absence of the Magistrate, but the Magistrate and one other Member, or the Magistrate singly, may transact the business of the Committee if other Members after due notice fail to attend. 6. The Magistrate may at his discretion undertake any business which may be of such a nature as not to bear the delay of a reference to a meeting of the Committee ; he will on all such occasions report his proceedings at the next meeting. 7. The whole counti-y is d^ded into Unions ; the surplus Ferry Funds in these are to be thrown together and divided between the several Districts which compose them. 8. The Unions shall be as follows :* 1*^ Union. Sainm. Champarun. Tirhoot. 2d Union. Shahabad. Patna. Behar. Zd Union. Monghyr. Bhaugulpore. Pm'neah. ]\Ialdah. A:th Union. Dinagepore. Rajshahye. Pubnah. Eungporc. Bograh. ath Union. Mymeusing. Sylhet. Dacca. Qth Union. Cliittagong. Tippcrah. Noacolly. 7*h Union. Furreedpore. Backergunge. Jcssore. 8//( Union. Nuddeah. ]\'Ioorsliedabad. 24-Pergimnahs. Barrasut. 9/// Union. Beerblioom. Biu'dwan. Bancoorah. !Midnapore. Hooghly. HoMTah. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 195 9. At the close of each official year the Accountant will ascertain what is the No. 2, of 1848. amount of the surplus Ferry Funds in each Union during the preceding year, and dis- ^ ly , „ , .,,,,, ' . o J ' Furry Fund Rules. tribute* the total equally amongst the several Districts comprised in it ; the Government * gee g. o. above reserWug to itself the power of making a different allotment of the Funds should such "^^^^"^'^ to- alteration hereafter appear expedient. 10. Each Committee will keep a book in which will be entered minutes of all its proceedings and resolutions. The proceedings of each meeting shall be attested by the Jlembers present. 11. Each Committee will apply the Fundsf assigned to it to the completion of new^ + See c. o. Supdt. and the repair of old public w6rks, in such manner as it may think fit, reportingi 'at the ^f °i^g^' i3tij ' j °,jg close of each year the manner in which its funds have been applied, and stating the '^P- „ ^ „ , _ •' _ _ rr > o I See C. O. Supdt. works to which its attention will be directed in the year ensuing. of Police, L. P. No. 12. Provided that no we!<; work estimated at more than Rs. 1,000 shaU be com- jg^g, '^^' menced§ without the sanction of Government, obtained|| tkrough the Superintendent . i.^f" ^'9' p'"^^^" of Police, who is empowered when he may see fit, to authorize the commencement of 2 of the isth Febru- any proposrd work in anticipation of the Government orders. "n" g^g C. O. Supdt. 13. Provided also that no part of the funds shall be expended on Station roads or 2^ f°}}'^''\}''J'- ^°' ^ '■ 8 ot the 4th Novem- Station improvements without the sanction of Government. ber. 1848. 14. Each Committee is authorized to entertain executive establishments for car- rying on public works, but not to a greater extent than one fifth of its annual assignment of funds, without the sanction of the 'Superintendent of Police. 15. These Rules relate exclusively to surplus funds accruing after the 30th April 1840. No surplus which may have accrued in any District before that date can be expended without the express sanction of Government. -See C. 0. Supdt. of police, L. P. No. 7 of the I3th June, 1853. From Hodgson Pratt, Esq. Under-Secretary to the Government of Bengal, to q, q. No. 9I2 of C.Hugh Lushington, Esq. Officiatinr/ Accountant to the Government of Bengal, the 22nd April. 1854. No. 912, Dated Fort William, the 22nd Ajiril, 1854. I am directed by the Most Noble the Governor of Bengal to inform you, that with Judicial, reference to the recent orders of Government, whereby the Commissioners of Revenue have been invested with the powers of Superintendents of Police within the 'Kmits of their respective divisions, and have consequently the duty of supervising the adminis- tration of the Ferry Funds in the districts of which then- divisions are composed. His Lordship is of opinion that it is desirable to recast the present Ferry Fund Unions, and to allow the Ferry Funds collected in each division to be spent within the limits of that division, at the discretion of the Commissioner, Tvithin certain limits. 2. With this object, therefore. His Lordship is pleased to direct that the annual allotment of Funds to each district shall, in future, be based on the average amount of the collection in the division, and not the union to which that chstrict belongs ; and that, in fact, the present Revenue Di\-isions shall take the place of the Unions for all purposes connected with the administration of Ferry Funds. These orders you will be 196 CIRCULAR ORDERS No. 2, of 1848. V G. O. 28th Janu- arv. 1854. good enough to carry into effect when making the usual allotment on the 30th of this month. 3. His Lordslup further directs, that if the allotted funds of any one district are not spent, or appropriated, for the accomplishment of specific and apj)rovcd ohjects, within a year from the date of allotment, the Commissioner may take the whole, or any part of the unexpended or unappropriatwl balance at credit of any particular district, and place it at the disposal of the Ferry Fund Committee of any other di.strict of the division where it appears to be more wanted, or likely to be more beneficially applictl ; reporting the circumstance in each instance for the information of Government. 4. A copy of this letter will be sent to each Commissioner of Circuit fcr liis information and guidance. DIVISIONS. Patna, , DISTRICTS. fPatna. Behar. Shaliabad. Sarun, including _^Champarun. Bhagulpore, ''Bhagidpore. I ilonghyr. Tirhoot. Pumcah. Rajshahve,. Rajshahye. Pubnah. Rimgpore. Bograh. Dinagepore. LMaldah. Dacca, . Dacca. Fureedpore. Sylhet. ^M^Tuensingh. I Backergunge. Chittagong, {Chittagong. Tipperah. Bulloah or XoakoUy. SUPERINTEXDEXT OF POLICE, LOWER PROVINCES. 197 NUDDEAH, DIVISIONS. DISTRICTS. Nuddeah. 24 Pergimnahs. Calcutta. -> Baraset. Jessore. ]\Ioorshedabad. Soonderbunds. 'Bm•dT^-an. HoogMy. Horn-all. Bancoorah. Beerbhoom. JNIidnapore. , TCuttack. CuTTACK, < Balasore. (,Pooree. L. No. 2, of 1848. BURDWAN, i ~Y— No. CXCVI. TO THE MAGISTRATES, JOINT MAGISTRATES, AND ASSIST- ANTS, GENERAL SUPERINTENDENT OF THUGGEE, LOWER PROVINCES, No. 3.— Dated garden Reach, 12th February, 1848. Oi No. 3, of 1848. * No. ex. 'BSERVING that the quarterly statements of expences incurred under Preparation and my sanction, as required by my circular letter No. 6* of the 6th July 1842, tSfS^nStrof are not in all instances forwarded with sufficient punctuality for me to pre- e.xpenditui-e. pare and submit my general statement in due course, I have the honor to request that you will be careful to have the statement dispatched within one month from the close of the previous quarter. 2. As irregularities also frequently occur in the preparation of these statements, I take this occasion to draw your particular attention to the following points. All sums that may have been expended during the quarter, although previously sanctioned by this office, are to be entered in the statements. No sums that have been sanctioned by Government are to be "entered. Nor are items of expenditure from the surplus Ferry or Chowkeedaree funds to be included in them. 3 D 198 CIRCULAR ORDERS No. 2 of 184^. From Hodgson Pkatt, Esq. IJndcr-SecrHurii to the Govmnnenf of licnyal, to all * V ' Commissioners of Circuit, dated Fort William, the 2'Jtli March, 18.jl. 0. O. 2ytli Muruh, 1854. I am directed by the Most Noble the Governor of Bengal to request that in future you will submit to this office, at the close of each quarter of the calendar year, Quar- terly Statements in the form annexed, of all contingent charges passed by you in your capacity of Commissioner and Superintendent of Police. Contingent Charges passed ly and expended during the quarter of — . Date of sanction. District. 1 Description of charges. Amount. Total. ' No. CXCVII. TO ALL MAGISTRATES AND JOINT MAGISTRATES, LOWER PROVINCES. No 4 of 1848 ^^- ^- — Dated Garden Reach, the 24th March, 1848, Assistance to be 1 HAVE the honor to forward you the accompanying copy of a corre- reiidered to Capt. gpondgnce, and to request that you afford such aid to Captain Kittoe as is ment Ai-chaiologist consistent with the instructions contained in the second paragraph of Mr. in his researches. o ^ t' ' i .i^ beton-Karr s letter. From W. Setox-Karr, Esq. Under-Secretary to the Government of Bengal, to W. Dampier, Esq. Superintendent of Police, Lower Provinces, No. 381, dated Fort William, 22d March, 1848. General. I am directed by the Right Ilon'ble the Governor of Bengal to transmit copy of a letter fi-om ^Ir. Secretary Bushby, No. 206, dated the I'Jth ultimo, with its enclosures, and to request, that as directed by the Supreme Government you will issue instructions to your subordinate local authorities to aflbrd Captain Kittoe the assistance required in his researches. • SUPERINTENDENT OF POLICE, LOWER PROVINCES. 1 99 2. I am at the same time desired to request, that you will impress on all such No. 4, of 1848. officers the necessity of keeping strictljr witliin the bounds of the law, and of carefidly ^ v ' abstaining from any measiu-es which may iujm-e the rights, arouse the hostility, or ofiend the religious prejudices of the native population. From G. A. Bushby, Esq. Secretary to the Government of India, to F. J. Halliday, Esq. Secretary to the Government of Bengal, No. 206, dated Council Chamber, the I9th February, 1848. I am directed to forward trf you the accompanying copy of a letter from Ca^ptain ^°™^ Department. Kittoe, dated the 8th instant, No. 2, and to request that the Right Hon'ble the Governor of Bengal will be pleased to issue to the Ipcal authorities under the Bengal Presidency, instructions in accordance with the Circular Letter aimexed to Captain Kittoe's commu- nication. It should be understood; that no figures or objects of any kind should be removed without the official consent and authority of the ^Magistrate of the district. 2. You -^re also requested to instruct the Inland Steata Nangation Department to affi3rd such assistance to Captain Kittoe as can be rendered without inconvenience to the public sernce, for the conveyance to Calcutta of such specimens of sculptiu-e as Captain Kittoe may from time to time desire to transmit. From Captain 'M. Kittoe, Archaiologist, to G. A. Bushby, Esq. Secretary to Govern- ment, Home Department, No. 2, dated Benares, the 8th February, 1848. In reply to your letter No. 104, of the 29th idtimo, I have the honor to state (with The precise nature regard to the first question) my wish for the local authorities to exercise their influence from'localauthol-itTes! in obtaining information acco^ling to the spirit of the Circular issued by Government at the close of 1844 ; however, the better to explain my meaning, I annex a draft for a Circular which can be curtailed or otherwise, as His Lordship the Right Hon'ble the Governor General may see fit. 2. Where such may be done without difficulty, I woidd recommend that the Magis- Recommends the trates be empowered to detach a gang of prisoners to clear rubbish and expose objects of interest. By this arrangement much may be gained and at no expeuce to Government ; for instance in the vicinity of Gyah there are — 1st, the two large caves of Barab'ur requir- ing to be cleared (Mr. Lautour the late ^Magistrate had promised to do this) ; — 2d. The ruins of the Tope of Bukrour ; — 3d. The mound at Koorkihar ; — ith. The caves of the stone Bundhar, llajgriha ; — otli. The tumidi of Chillor near Shcrghottee : I attach much importance to all these ; splendid specimens of sculptm'e could thus be obtained without cost, and without the slightest objection in any way. 3. The freight I am likely to require would be small as to space; it woidd not be \Vliat freight I am necessary to send all at one time ; the amount might be limited. The specimens would remain at Dinagepore with the Steam Agent, to be shipped at leisure ; the same at this place (Benares) . For instance, I have obtained a valuable curiosity wliich I propose to send as soon as it shall have been cleaned ; its mean measurement is 4 X 1 — 6 -{- 1 — 6= 200 CIRCULAR ORDERS No 4 of 1848 12 square feet at li maund to the foot, or 15 raaunds weight ; this is large in com- -• parison with the generality of specimens I should have to send. V — Suggoats public cat- 4, J would suggest, that from Gyah to Dinafjore, expence might be saved by Com- •uig nil • missariat Cattle and Tumbrils ])eing employed. Objects intended to 5. The oljjccts I should first procure are several fine figures of Budha from the be sent shortly. mound of Koorkihar, and one of Siva from that of Chillor, weighing 10 to J 5 maunds each, of black chlorite. Proposed Circular. In accordance with instructions received from the Hon'ble Court of Directors in their letter dated 27th January 1817, and the Right Hon'ble the Governor General ha\-ing appointed Captain Kittoe to the duty of investigating the antiquities of this Presidency, and of collecting such specimens of sculpture and objects of curiosity for the Hon'ble Court's Museum, the removal of which would not be objected to by the inhabitants, I am instructed to request you will afford him the benefit of your influence with the native gentry and others in the furtherance of this object, and in procuring for him general information as to any antiquities, particularly inscriptions, existing within your district. No. 5, of ISiS. No. CXCVIII. TO THE MAGISTRATES, JOINT .AIAGISTRATES, AND ASSISTANTS IN THE THUGGEE DEPARTMENT, LOWER PROVINCES. No. 5— Dated Garden Reach, 20th April, 1848. Measures to be i. HAVE the honor to forward you the accompanying copy of a letter, adopted when ac- -^^^ ggg ^^^^^ ^^le V2th instant, to my address from Mr. Secretary Halliday, tions m coui'ts ot _ •' ' • law aie brought conveying the orders of the Right Hon'ble the Governor of Bengal regarding against officers o j^ measures to be adopted when actions are brought ao[ainst officers of the Govt, for acts done ^ . ill the discharge of Government in courts of law, for acts done in the discharge of their their official duties. ~. . , , . ofhcial duties. 2. I am sure that all officers of the Government will appreciate the value of the boon conferred on them by this rule of practice. From F. J. Halliday, Esq. Secretary to the Government of Bengal, to W. Dampieb, G O. 12 April, 1848. Esq. Superintendent of Police, Lower Provinces, Xo. 689, dated I2th April, 1848. Judicial. J am directed by the Right Hon'ble the Governor to acknowledge the receipt of your letter No. 583, of the 17th idtimo, in which you draw His Lordship's attention to the position in which Magistrates and other officers of Government are placed, whei^ SUPERIXTEXDENT OF POLICE, LOWER PROVINCES. 201 actions ai'c brought against them in courts of law for acts done in the discharge of j^q 5 gf ]^gj,8 their official duties, in consequence of the system at present pursued of leaving them * y ' to defend themselves at their own expense in every case, and only reimbursing them after the conclusion of the trial, if from the facts then developed, it should appear that they had conducted themselves legally and properly in the matters which occasioned the action. 2. After carefidly considering the subject. His Lordship has come to the conclusion that it ■nill be right that the officers of Government so situated should be relieved from the necessity, which must often press heavdy upon their meaus, of advancing the funds required for defending themseives against actions, which may often be prompteti by malice or litigiousness. 3. With this view. His Lordship has dptermlned as the course to be pursued on such cases in futm-e, that on the institution of any action against an officer of the Govern- ment for acts done in the discharge* of his public duty, he should communicate the fact through the usual official channel, reporting all circumstances which may be necessary to enaljle th^ Government to arrive at a decision on the rtfal merits of the case. If on fuU examination into the case and on a fair and reasonable interpretation of his pro- ceedings, the officer shall appear to have acted rightly, he will be directed to take the necessary steps to defend himself, the Government advancing the funds necessary for that purpose, to be refunded after the issue of the action is known, in case the cu'cum- stances then brought to light should ]5rove the officer to have acted improperly. If, on the other hand, upon examination of his case by the Government, his conduct shall appear to have been clearly wi'ong, he ■nill be informed that the Government will not interfere, and that he must defend himself at his own charge. 4. Under such a rule as this. His Lordship conceives that public officers will not be led to feel that they can fall b|ck on the Government for defence in every case, whether their conduct may have been right or wrong. They will be sensible that they can look for assistance only when they may appear to have entirely deserved it, and therefore their sense of responsibJity will remain as keen as heretofore. 5. Regarding Mr. 's case, which gave rise to your communication. His Lordship has been informed that the action against that officer has been non-suited. C. 0. M-t. Adwt. No. 1.2 of the 12th May, 1818, and C. 0. Board of Rev. Xo. 708 of the 2d May, 1848. 3e 202 CIRCULAU OnDERS No. 6, of 1818. Stiitcmonts of works under tlie Ferry Fund Coni- niitteo to be jiro- j)arod yoiU'ly a» per form. • Supersedes No. CLXXIX. See C. O. Supt. of Pol. L. P. No. 1, of ytli January, 1850. No. CXCIX. TO THE SECRETARIES TO FERRY FUND COMMITTEES IX THE LOWER PROVIXCES. No. 6. — Dated Garden Reach, 18th May, 1848. W ITH advertence to the 11th Rule, of the new series, for the future appropriation of the surplus Ferry Funds, forwarded with my Circular No. 2, of the current year, I think it as well to intimate that you should in future dispense with the transmission of the half-yearly statement hitherto for- warded to my office under Circular No. 2,* of 1846, substituting in its room an annual one, in the same form with an additional column in which should he specified the work.s to which the Committee's attention will be directed in the ensuing year. To guard against mistakes I annex a form thereto. 2nd. Considerable uncertainty appearing to prevail as to the nature of the balance to be inserted in colunm 6, I take this occasion to mention for your particular attention, that it should consist of all sums in hand, even such as have been appropriated to works which may remain incomplete at the close of the period under review. Annual Statement of Public Tf'orks chargeable to the Ferry Funds completed during the year and remaining incomplete at the close oftht above period. 1 2 3 4 5 " 7 8 9 10 5 o a CS 12; MS 1 .". 2 •= n 2 ^ J! M ^- S » £ i -r .c s. c ». •o 1 £^1 £ .2 .£ Q o 5 5 CJ OJ " ^ J: a ~ - -a o^ J; fe S £ a S o O (U .si: til 00 L. o -Si ill < " " « o Ml 1' 'J" u ** O V V - 6 g .S.= o S Is 3 .s ■ an "5 3* CO ■is 1^ • ■ . » Columns 2 and 3 should contiun all works sanctioned either by Government, the Super- intendent of Police, Lower Provinces, or the Committee. — See Circular Order. Superintendent of Police, Lower Provinces, So. 1, of \S50. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 203 No. CC. TO THE MAGISTRATES, JOINT MAGISTRATES, AND ASSIST- ANT SUPERINTENDENTS IN THE THUGGEE DEPARTMENT, LOWER PROVINCES. No. 7. — Dated Garden Reach, 18th October, 1848. No. 7, of 184S. J.N compliance with instructions from the Government of Bengal, I am Bulk of corre- directed to request your attention to the expediency of reducing as much as dCdirmuch ''^' possible the bulk of public correspondence, in which it has appeared to the possible. Right Hon'ble the Governor that there is a great deal of unnecessary repeti- seeC. o.No.xvi. tion in cases of minor importance. , P.t^yttI*' ^"I,/"' i ' CljAj.ii. page iio. 2nd. It is impracticable to lay down any precise rules on such points as these, but as the practice now prevailing entails A great amount of delay and needless inconvenience on the various officers of the service, a general rule, however, may be laid down, that in cases of minor importance, and certainly in all cases where the mere report of an occurrence or -the solicita- tion of formal sanction is made, the reference to each authority should not be as is generally the case at present, by the transmission of several en- closures, being originals or copies of each reference from the several sub- ordinate officers in succession, but by a single letter or endorsement, and this rule should be applied wherever it may be practicable. 4th. In cases which involve an important principle, or which may be intricate in their details, and which may have produced elaborate discussion which cannot be rightly conveyed by any abbreviation, it will of course be proper that the mass of the papers should be forwarded, but this must always be avoided when practicable. From G. A. Bushby, Esq. Secretary to the Government of India, Home Department, to F. J. Halliday, Esq. Secretary to the Government of Bengal, No. 843, dated Council Chamber, the \&th September, 1848. I am directed to transmit to you for the information of the Right Hon'ble the Home Department. Governor of Bengal, the accompanying copy of a letter this day addressed to the Officiating Secretary to the Government of the North Western Provinces under the orders of the Governor- Seneral in Council. 204 CIRCULAR ORDERS No. 7, of 1818. From G. A. Busitbv, Eaq. Secretary to the Government of India, Home Department, ^ Y ' to C. Allen, Esq. Officiating Secretary to the Government of the North Western ''■ ■ Provinces, No. 709, dated Council Chamber, IQth September, \%\S. Home Department. I am directed to acknowledge the receipt of your letter. No. 4239, dated 2l8t ultimo, and its enclosure, conveying information of tlic death of Mr. Tierney the Civil and Sessions Judge of Allyghur, and I am instructed to request the attention of the Lieutenant Governor to the mode adopted in making such formal communications to the Supreme Government. There appears to the Governor-General in Council to be a very unnecessary repetition of the information, which it is desired to convey, in nearly all cases of minor importance wliich have come under his ohscrvation. In the present case the simple fact which is communicated is repeated three times over on as many sheets of paper. If such a practice as this prevails, as His Lordship in Council has reason to believe that to a great extent it does through all- the various departments of the pubUc scnice, it seems quite impossible to estimate the amount of time, labor and material which must be thrown away, and the consequent great increase in the public expenditure. It is not possible even to hazard a guess at the actual result of such a practice, but it appears to His Lordship in Council, that if it prevails as a system in a greater or a less degree throughout every grade and department of an immense Government like that of India, that the establishments at all events must be generally larger than is necessary. Another e\il and one of no small magnitude in a country lilce India where the flails for the most part are carried upon men's shoulders, is the overloading of the daks, which must be a necessary result of such a system as that under notice. This evil has been already strongly represented by the Post Master General of Bengal, who has urged upon the Government the necessity for some steps in order to eusm-e a greater economy of material on the part of the public officers in conducting their official con-espondence through the channel of the public daks. 2ud. The Governor-General in Council is well aware of the inexpediency and indeed impracticablility of laying down any precise rules on such points as these, but he considers that the e\ils of the system ai-e so far obnous, as to call for the attention of the several Govei-nraents to the subject. As far as regards the communication between the Supreme Government and the subordinate Presidencies, His Lordship in Council conceives that it may be generally imderstood, that ui eases of minor importance and certainly in all cases where the mere report of an occurrence is made, the necessary information shall be conveyed by a single letter from the Secretary to the Government. • . His Lordship in Council further regards it as quite within the discretion of the local Government to apply the same rule to eases of reference where the point at issue may be simple, and admits of being briefly and clearly stated. In eases which involve an important principle or which may be intricate in their details, and which may have produced elaborate discussions which cannot be rightly conveyed by any abbreviation, it is of eoiu-se proper that the mass of the papers should be forvarded to the Supreme Government. 3rd. With this general intimation of what appears to His Lordship in ComicU to SUPERINTEXDENT OF POLICE, LOWER PROVIXCES. 205 be requisite, he would leave it to the local Governments to apply a similar principle as jg'Q. 7 of 1S48. far as they may deem it expedient to do so, to the correspondence carried on between *■ — y ^ themselves and the various departments subordinate to them. 4th. A copy of this letter will be fiu'nished to the Governments of Bengal, ^Madras and Bombay respectively. Memorandum. On the l^th October, 1848, the Government of Bengal circulated the instructions contained in the foregoing corresponcknce, to the Sttdder Court, the Boards of Revenue and Customs, the Militarg and Medical Boards, the Superintendent of Police, Loicer Provinces, the Superintendent of Marine, the Commissioners of Chittagong, Patna, Bhagulpore, Moorshedabad, Dacca, Jessore, Cuttack, Assam, Arracan, and Tenasserim, and to the Agent to the Governor -General, South Western Frontier ; to the Governor of Prince of lVuls;s' Island, Singapore and Malacca, and to the Post blaster General. J C. 0. Bd. of Rev. 1. The feudder Board of Revenue have observed, that some CoUeetors are in the habit of EnirUsh correspou- malrins; allusion in then English reports and letters to Commissioners, to the contents of ^"^''^ ^° contain .... all necessary particu- vernacular documents, instead of describing briefly the pui-port of them in Enghsh ; I am lars to elucidate the therefore desired to request, that you will point out to your subordinates, tha^ though it may s^J'J<"'t3 treated , in many cases be proper to submit vernacular proceedings for reference, if necessary as well as vernacular papers. m corroboration of the facts narrated in the Enghsh correspondence, the latter ought to con- tain in itself, all the particulars necessary to elucidate the subject of report irrespectively of the vernacular proceedings. 2. To ensure the proper observance of this rule, you wUl be pleased to intimate to your subordinates that any report not complete and intelligible in itself* will be retm'ned for revi- pvi ttt sion. — Circular Order, Board of,Bevenue, JVb. 732 of the 10th April, 1849. No. CCI. TO THE SECRETARIES TO THE FERRY FUND COMMITTEES, LOWER PROVIXCES. No. 8. — Dated Garden Reach, 4th November, 1848. ' j^o g of ISIS. U NDER Orders from the Hon'ble the Deputy Governor of Bengal, I have Memo, of Ferry the honor to request that a memorandum of Funds at the credit of the be'forwarded with Committee, do invariably accompany all future applications to this office for appbcations for , ,0 111,^. sanction to out- sanction to outlays on woi'ks, Sec. contemplated by the Committee. la^s. See C. O. No. , C.XCV. ClR^'ULAR Orde^ No. 1 of the 13th January, 1849, called upon all Xo. 1, oflSW. Ferry Fund Committees, excepting those at Furreedpore and IMoorshedabad, to make suggestions for the disposal of the Surplus Ferry Funds. 3 F 206 CIRCULAR ORDERS No. 2, of 1819. Circular Order No. 2 of the 21st March, 1849, intimated the intention of the Superintendent of Police, Lower Provinces, to return from Keshen- nugger to Calcutta by the 31st March. Nos.3&4,ofl849. Circular orders Nos. 3 and 4, both dated the 28th April 1849, cir- culated lists of police and ministerial officers who had been dismi.ssed from Government employ, and who " are not eligible for rc-cmployment without a special reference" to the Superintendent of Police, Lower Provinces. No.5, otlS49. Circular Order No. 5, of the 4th December, 1849, instructed all officers subordinate to the Superintendent of Police, Lower Provinces, to superscribe all letters addressed to him, " on his tour." No. ecu. TO THE MAGISTRATES, JOINT MAGISTRATES, AND ASSISTANT GENERAL SUPERINTENDENTS, THUGGEE DEPT., LOWER PROVINCES. No. 6 of 1849. No. 6. — Dated on the river, 5th December, 1849- No building to J^ HAVE the honor to annex for your information and guidance, an extract pubUc^*^ ^'puiposes from para. 6, of a despatch from the Hon'ble the Court of Directors, No. 13, wthouttlie previ- ^f 1349^ j^ted the 29th August last. ous survey and re- port of* the execu- Extract from a Despatch from the Hon'ble the Court of Directors to the Government of Bengal, in the Judicial Department, under date the 29th August, No. 13, of 1849. Kepiiii-ofthcDcpu- Para. 6. With reference to the alleged dilapidated state of the Bungalow when ty Magistrate's Bun- piu-diascd ou the part of Governmcut bv ^Ir. , we are of opinion that the galow lit Jumalpore. ' '■ i ' i • i i circumstances stated in the correspondence conuectea with the case, are of so question- able a character that notwithstanding the time that has elapsed, that gentleman should be called on. for an explanation of the part he took in the transaction. No builchng must in futm'c be purchased for public purposes without the prenous survey and report of the Executive Officer of the District, aud we desire that you will make known to the sernce generally tliis our injunction. See Circular Order, Board of Revenue, A'o. 767, dated the lith December, 1819. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 207 No. CCIII. TO THE SECRETARIES TO THE FERRY FUND COMMITTEES, LOWER PROVINCES. No. 1. — Dated Dacca, 9th January, 1850. ,, , ^,„. ' No. 1, of 1850. J. O obviate a misconception which obtains as to what works should be What works ai-e included in Columns 2 and 3, of the annual statement which you were ^? ,^® included m •' Cols. 2 and 3 of required to furnish to my office, by my Circular No. 6 of 1848, I beg to annual statement intimate for your information and guidance, that those Columns should con- ^ "^v d r"*^'^'^ tain all works sanctioned either bji the Government, myself, or the Cora- mittee. niittee at its own discretion. ^- °- ^°- ^xcix. No. CCIV. TO THE MAGISTRATES, JOINT MAGISTRATES, AND THUGGEE ASSISTANTS, LOWER PROVINCES. No. 2. — Dated Dacca, If 4th January, 1 850. N "i f IS'O J_ HAVE the honor to 'annex for your information and guidance, copy of obligation of Circular, No. 1674 of the 20th ultimo from Mr. Under-Secretary Dalrymple P"^f'^ o**^'"'^ *° •'■''■ produce records ot and of its enclosure, being the Advocate General's opinion in regard to the Govt, in Her Ma- obligation of public officer"} to produce the records of Government iia Her 'der''lubp,^nL '' Majesty's courts under a subpoena. From J. W. Dalrymple, Esq. Under-Secretary to the Government of Bengal, to W. Dampier, Esq. Superintendent of Police, Lower Provinces, No. 1674', dated 28th December, 1849. I am directed by his honor the Deputy Governor of Bengal to forward for yoiu' JuelieiaL information and giudance, and for communication to all officers subordinate to you, the accompanying copy of an opinion, given by Air. Advocate General Colvile, in regard to the obligation of public officers to produce the records of Government in Her Majesty's Courts in compliance with a suljpcena to that effect. From J. W. Colvile, Esq. Advocate General to G. A. Bushby, Esq. Secretary to the Govevimetit of India, dated the 8th August, 1848. Tlie question submitted to me by your letter of the 29th of Jidy, touching the obli- gation of a public officer to produce the I'ccordsof Government in the Supreme Court, 208 CIRCULAR ORDERS No " oflSSO. ill coinpliancc with a sii1)pfEna to that effect, appears to me to admit of a different ^^ Y ' sohitioii according to the nature of the ease. The ohligation in c;isc» in which the East India Company is a party, is, I conceive, different from wliat it is in cases between individuals. 2ii(l. As to the former class of cases, I consider that as the corporate body the East India Company, tliough entrusted with the functions of Government in many cases, sues and is sued like any private corporation in the courts of the country, so it is entitled to the privileges as well as subject to the liabilities of ordinary suitors. It follows therefore, that in an action at law against the Company, a subpoena duces tecum to a pul)lic officer, requiring him to produce official documents, is inapplicable, because his possession of the documents in question is the possession of the Company whose servant he is ; that a notice to produce the documents should be served upon the Company in the usual w^ay ; that it is in the Company's option to refuse to pro k. PU >£ b "5 a c 5 S - S Ph •SJ3J3i UOU -isodojd 3IRCULAR Orders Nos. 6 and 7, both of the 6th August, 1851, circulat- Xos.6& 7,of 1851. ed a further list of police and ministerial officers who were dismissed " for disqualifying offences," and who are not eligible for re-employment without a special reference to the Superintendent of Police, Lower Provinces. . No. CCXVII, TO THE MAGISTRATES AND JOINT MAGISTRATES, LOWER PROVINCES. No. 8. — Dated Patna,_8th September, 1851. No. 8, of 1851. J. HE Resident at Liicknow having represented to me, that considerable Directing atten- expense and trouble are caused by Magistrates sending up persons from Sec! VII. Ke^^IIl" Oude, who may not give a satisfactory account of themselves, to be made ?^ 1^-1' '■egai"d- , . , . 1 1 T-v 1 T 1 • i^n deportation of over to their relations by the Durbar, 1 beg to point out to you that foreio-ners. foreigners can only be seAt out of the country under the provisions of Clause See c. o. Xo. IV. Section VII. Regulation III. of 1821. Eog. III. of 18-21. Fourth. — If a Darogah of Police sliall forward to the Magistrate any persons travelling Rii\es for the "uid- tlirough, or assembling in his division, under suspicious circumstances, the Magistrate having ?°<^s °f Magistrates duly inquired into the grounds of their arrest, shall either release them, or adopt the precau- persons sent in by tionary measures directed in the preceding clause, or, if they appear to be travelling without ^^^ Darog.Uis. aiij' reasonable object, and to be inhabitants of a remote district, or subjects of a foreign state, he shall compel them to return, under a suitable guard, from station to station, to the district or territory from which they may appear to have proceeded. — Regulation III. o/'1821, Sec. TIL Clause IV. 3 K 222 CIRCULAR ORDERS No. CCXVIII. TO THE MAGISTRATES, JOINT MAGISTRATES AND ASSISTANT GENERAL SUPERINTENDENTS THUGGEE DEPARTMENT, LO\YER PROVINCES. No. 9, of 1851. No. 9. — Dated Patna, 29th September, 1851. Officei-s of Govt. JjY direction of the Hon'ble the Deputy Governor of Bengal, I have the omplimentaiy ad- honoi' to acquaint you that all officers of Government are prohibited from dresses from par- receiving complimentary addresses from parties with whom they have been ties with wlioni . they have been offi- officially connected. cially connected. , not CI See Circular Orders, Nizamut Adatclut, No. 69 of the 29th Septeviber, 1851, and Board of Revenue No. 30 oflith October, 1851. From F. J. Halliday, Esq. Secretary to the Government of Bengal, to B. J. Colvix, 1845. ■ *" ' Esq. Register of the Siidder Court. No. 661, dated the 12th April, 1815 . Judicial With reference to the subject of your communication. No. 398, of the 23rd ultimo, I have the honor to request that the Court will be good enough to inform Mr. of His Lordship's opinion that the receipt by Zillah ^lagistrates, and other Zillah func- tionaries, of complimentary addresses of the descriptioL. alluded to, is inexpedient, and that IMr. -n-ould have acted more judiciously if he had declined to receive an adcb-ess from the Natives of his district, instead of accepting, and replying to it. 2, ]\ir. shoidd remember that servants of this Government ought to look to then- official superior for praise when they deserve it, and not to those over whom they ai-e placed in authority. From F. J. Halliday, Esq. Secretary to the Government of Bengal, to F. J. Mouat, ber, 1846. ' '^'^^^' Esq. Secretary to the Council of Education, No. 1130, dated the 9th December, 1846. Education. The Deputy Governor has recently observed in the newspapers certain addresses said to have been presented by the students of some of the Government Colleges, and in one instance by a local Committee of public instruction, to officers employed in the education department, on the occasion of their promotion or removal. 2. His Honor regards the presentation of complimentary addresses of this kind, bv students to their superiors, as a breach of discipline which ought to be promptly checked instead of being encouraged by acceptance and reply. The Council vvill pro- bably agree ^vith His Honor that to allow students openly to express their opinion of the qualifications and merits of their teachei-s, is directly subversive of the relation that ought to exist between them, and otherwise hable to grave objection. . SUPEKINTENDENT OF POLICE, LOWER PROVINCES. 223 3. A local. Committee of public instruction may very properly, under certain jfo. 9 of 1851. circumstances record their opinion of the manner in which a Principal has performed his duties, but it would be well if testimonials of this kind were confined to cases of marked success or long and arduous service, and were drawn up rather in the form of an official resolution than in that of a personal addi'ess. In the instance alluded to, the Committee were doubtless prompted by the interest they take in the affairs of the institution over which they preside, and had their letter not been published in the newspapers His Honor would probably not have thought it necessary to notice it. But as the publication of such a document is likely, both here and in Europe, to affect injuriously the character of the educational institutions maintained by the Government of India, as well as to depreciate the value of official testimonials, the Deputy Governor has felt himself called upon to express his opinion on the subject for the future guidance of officers in the de;^artment. 4. I am directed to acquest, that, with the Council's permission, instructions in conformity with His Honor's vievfs may be given to tlie heads of the institutions under their immediate control. , \ ., I Circular Order No. lO of the 8tli October, 1851, called for a "recom- No. 10, of 1851. mendatory roll" of a Darogah, for promotion. No. CCXIX. TO THE MAGISTRATES AND JOINT MAGISTRATES IN THE LOWER PROVINCES. No. 11.— Dated Patna, 14th October, 1851. No. 11, of 1851. X HAVE the honor to request that your annual statements may be pre- Supt. of Police , , . , , , rr. 1 1 ^ f T , to be kept inform- pared and dispatched, so as to reach ray othce by the end or January at the ^^^ ^f pj-ogresa latest ' °' proceedings in , heinous cases. 2. I also beg to call your attention to my predecessor s Circular No. 2, j^^ xLix. of the 30th January, 1 839, as I observe that several Magistrates do not keep me regularly informed of the occurrence and progress of the investi- gation into heinous offences within their districts. 3. You will consider the rules of that Circular applicable to all murders, homicides, burglaries and thefts with murder or by drugging,. and to affrays with homicide as w-ell as to dacoities. 224 CIRCULAR ORDERS No. 1, oflS52. Circular order No. 1, the 21st January 1852, required that all letters, &c. intended for the Superiutend'^nt of Police, Lower Provinces should, after that date, be directed to him " on his tour." No. CCXX. TO THE MAGISTRATES, JOINT MAGISTRATES, AND ASSIST- ANT SUPERINTENDENTS IN THE THUGGEE DEPART- MENT, LOWER PROVINCES. No. 2, of 1852. No. 2. — Dated Camp Mohunneah, 1 1th February, 1852. Fees not to be j[ HAVE the honor to furnish herewith for your information copy of a in ^the employ°of better from Mr. Under-Secretary Dalryniple, No. 164, of the )4th ultimo, Govt, for the pre- ^yith its accompaniments, .-egarding the demand of fees from officers in the p.Ti'ation and exeeu- ,. , • , • »• j tion of imy doeu- employment of Government for the preparation and execution or any docu- ments by the law j^^^ig connected with their appointment, which the law officers of the East omcers of GoH. India Company may be required to draw up. From J. W. Dalbymple, Esq. Under-Secretary to the Government of Bengal, to W. Dampiek, Esq. Superintendent of Police, Lower Provinces, No, 16i, dated IMh January, 1852. Judicial. I am dii'ected by the Deputy Governor of Bengal to forward for yoiu- information and for communication to the several officers subordinate to you, the accompanying * No. 2, dated copy of a commimicatiou* from the Under-Secretary to the Government of India in the Home Department gi\iag cover to a copy of a resolution recorded by His Honor the President in Council, ruHng that no fees shall in future be charged to persons in the employment of Government for the preparation and execution of any documents connected with then- appointments, which the law officers of the East India Company may be reqiured to draw up. F)-om, A. R. YoDXG, Esq. Under-Sea-etary to the Government of India, in the Home Department, to J. W. Dalrymple, Esq. Under-Secretary to the Government of ber, 1S51. Bengal, No. 2, dated Council Chamber the 26th December, 1851. Judicial. "V^'ith reference to my communication of the 3d October last, I am directed to forward for the information of the Hou'ble the Deputy Governor, copy of a Resolution this day recorded by the President m Council, ruling that no fees shall in future be charged to persons in the employment of Government for the preparation and execution of any documents connected with their appointment, which the law officers of the East India Company may be required to draw up. • SUPERINTENDENT OF POLICE, LOWER PROVINCES. 225 No. 3. No. 2, of 1852. Fort William Home Department the 26th December, 1851. ^ v ' Read again exti'act from tlie proceedings in the ^lilitary Department, No. 333, Judicial, dated the 19th ultimo, relative to the fees demanded hy the law officers of Government for di'awing up ]Mr. Conductor Dames' Indemnity Bond, on liis appointment as Super- intendent of the Dhoon Canals. Read also the explanation on the subject furnished by the Solicitor to the East India Company imder date the 11th instant. Resolution. The President in Council, with a ^^ew to put a stop to the diversity of practice which has obtained iu this respect, is pleased to resolve that in future, p,ersons actually in the employment of Government, whether in the CivU or ilUitaiy Department, shall not be liable to any charge for the preparation and execution of any documents connected with theii' appointments, which the law officers of the East India Company may be required to di-aw up by the heads of the offices or departments in which such persons may be employed. Ordered that a copy of the foregoing Resolution, ^together with a copy of Mr. Grant's explanation be forwarded to the Military Department for information, in reply to the extract from that department dated the 19th ultimo, and that the original papers be retimied. Ordered that a copy of the foregoing Resolution be forwarded to the Financial Department for information and record. Circular Order, NizamiA Adawlut, No. 77, of the 23d January 1852, and Board of Revenue, No. 1, of the 6th February 1852. Circular Order No. '3, of the 29th March, 1852, required that all No. 3, of 1852. letters intended for the Superintendent of Police, Lower Provinces, should be addressed to him at Garden Reach, Calcutta. No. CCXXI. TO THE MAGISTRATES, AND JOINT MAGISTRATES, ASSIST- ANTS GENERAL SUPERINTENDENT, THUGGEE DEPART- MENT, LOWER PROVINCES. No. 4. — Dated Garden Reach, 9th June, 1852. -^^ 4 of 1852 X HAVE the honor to forward for your information and guidance, copy of The Komein- letter No. 1090 of the 20th ultimo, from Mr. Officiating Unjder-Secretary Am'hr uLy^'itv Youno- to the addre.iS of the Superintendent and Remembrancer of Legal "i>^li Mufristiates . ° with his ojiiiiiou Affairs. ' on iJoiiitb of hiws. 3 L 226 CIRCULAR ORDERS No. 4, of 18.52. From W. Gordon Young, Esq. Offiriating Under-Secretary to the Government of ^ Y ' Beni/al, to W. Trevor, Esq. Superintendent and Remembrancer of Leijul Affairs, G. O No. 1090 of ^f^ 1090, dated 20th May, 1852. 20th Miiy, I6bi. ' '' jmliiiul. AVith reference to the 2nd para, of your letter No. 3 t2, dated the 28th ultimo, to the address of the Register of the Nizamut Adawlut, of which a copy has been received from that functionary. I am directed by the Most Noble the Governor of Bengal, to inform you that His Lordship has been pleased to approve of the rule therein suggested by you : viz. Rule. Kule. The Remembrancer of Legal Affairs may furnish Magistrates when acting either administratively or Judicially with his opinion on points of law arising before them, which they may submit to him. <■ 2. A copy of this letter has been forwarded to the Superintendent of Police, Lower Provinces. No. CCXXII. TO THE MAGISTRATES AND JOINT MAGISTRATES, OFFICERS IN CHAR'GE OF SUBDIVISIONS, AND ASSISTANT SUPER- INTENDENTS, THUGGEE DEPT., LOWER PROVINCES. N 5 f 185'' ^°" ^' — -D^ted Gardeu Reach, 1st July, 18J2. Rules regariling ± HAVE the honor to forward you copy of a Resolution of the Presidency the GoX'^Advo- ^°^^^ °f Nizamut Adawlut, dated the 31st May, 1852, promulgating the cate or his Depu- rules relative to the appearance of the Remenibi-ancer of Legal AfFairs in £%elatio°rto the the capacity of Government Advocate, or his Deputies, in the Court, and his Supdt. of Police relation to the Superintendent of Police and to the INIagistrates. an t a,, b. ^^ ^^^ Government Pleaders at the different Sessions Courts will be Or hayin" ben decided bT the instructed by the Government Advocate invari- p:der?o'thfsrie''c:^t.S?; ably to apprize the Magistrate of the district, or o^S'^^^Strth:^^: the officer exercising Magisterial powers at an half iu the Sessions Court. out-station, whcn any case, which has been com- mitted to the Sessions from their several jurisdictions. Las been referred by the Judges to the Sudder Court. 3. It will also be an instruction to the Government Pleaders at the Nizamut Adawlut in all cases to inform me, the Magistrate of the district, or other officer exercising Magisterial powers within whose jurisdiction the appealed cases may have arisen, of all appeals filed in th- Sudder Court on notice of the appeal being given to them by the Register of the Court. i ^ — I ■ SUPERINTEKDENT OF POLICE, LOWER PROA'INCES. 227 4. Immediately on the receipt of either of the above communications No. 5, of 1852 the Magistrate or other officer exercising Magisterial powers will address the Government Advocate direct, stating the circumstances of the case so referred or appealed, with his opinion as to the importance or otherwise of there being an appearance made before the Nizamut Adawlut on behalf of the Government ; and by the same dak the Magistrate or other officer exercising Magisterial powers will forward a copy of his letter to the Government Advocate to this office. 5. , All Magistrates or, other officers exercising Magisterial powers will pay the greatest attention to the calls of the Government Advocate for information or papers connected with any cases referred or under appeal, and they will be held strictly responsible for any delay in replying to such requisitions, or any neglect of the rules now forwarded for their guidance. ^Officiating Judges. BESOLUTIOy, OF THE PRESIDENCY CoURT OF NiZAMUT AdAWLUT UNDER DATE THE 31sT May, 1852. Present. Sir R. Barlow, Bt. "^ W. B. Jackson, and >■ Judges. J. E.. Colviu, EsJj^s. ) J and A. J. M. Mills, and R. H. Mytton, Esqs. The Court promulgate the following Rules, approved of by the Government, as signified by Mr. Officiating Under-Secretary Young's letter No. 1092, of the 20th instant, relative to the appearance of the Remembrancer of Legal Affairs in the capacity of Government Advocate or his Deputies in the Court, and liis relation to the Superintendent of Police and to the ^Magistrates. Rules. 1. In appealed or referred cases, the Government Advocate shall be coippetent to Rules reganiing ,.,„ ,.,.. -11,1 t'^'^ appearance in appear, and he shall ordinarily appear by himself, or at his discretion, either by the the Govt. Advocate Senior or Junior Government Pleader, on behalf of the Government, in all cases in ^^^^"^ eputies o which the Government has been the prosecutor, and in which a pleader is employed for the prisoner. And it shall be further competent to him to make appearance, in like manner, in any appeal or referred case instituted on the prosecution of Government, in which, although no pleader may have been engaged for a prisoner, it may seem to him, acting in communication with the Superintendent of Pohce, or directly with the Manistrates when there may not be time for a reference to the Superintendent of Pohce, important that there should be an aj)pearance by a pleader ou behalf of the Government. 228 CIRCULAU ORDERS No 5 of 1852. 2. Pleaders appearing for a prisoner in appealed cases shall be bound to give in to y ^ the Register's ofiice, at a time not less than one week before the date fixed by the Rules. Court for the public hearing of the appeal, a note, under distinct heads, of the pleas of fact and of law on which he rests his apjical, and the Register shall cause such note to be transfcri-ed to the Senior Government Pleader. But it shall be comjietent to such pleader for the prisoner, on leave of the Coxu-t, to put in at the hearing of the appeal, any further pleas of law which he may desire to argue. The Register shall also intimate to the Senior Go\crumcut Pleader, when a pleader may be appointed on behalf of a prisoner in a referred ease. 3. The Government Advocate shall, through the Senior Government Pleader, give immediate notice to the office of the Register, when he may intend to appear in a case in which no pleader has been engaged for a prisoner, and the Register shall thereupon intimate the same to the Judge to whom the case has been submitted, and the Judge shall fix such date as he may think suitable for the public bearing and decision of the ease. 4. It shall also be eomp^-^tent to the Court to call for the appearance of the Government Advocate, either by himself or by the Government Pleaders; as he may determine, in any case in which, from its special character, they may consider that such an appearance woidd be manifestly conducive to the better administration of justice. 5. In eases,' whether referred or appealed, in which there may be an appearance for the Government as above provided, without the previous employment of a pleader on behalf of the prisouei-s charged or conricted, the Court shall be competent to nominate a pleader to appear on behalf of the prisoner, aitl to assign to him such remuneration as it may deem suitable, not exceeding 200 rupees in any case ; such amoimt to be paid on a contingent bUl, under the coimtersignature of the Register of the Court. 6. The Superiutendent of Police shall give such directions to the ISIagistrates as he may deem necessary, in order to their apprizing the Government Advocate of the cases, whether referred or appealed, in which it may be thought by them of importance, that there should be an appearance before the Nizamut Adawlut on behalf of the Government, and he will also, in the discretion which belongs to his oflBce, communi- cate directly with the Government Advocate regarding such cases as he may see fit. 7. The. Government Advocate shall, after any communication with the Magistrate which he may find necessary, correspond with the Superintendent of Police on the subject of any case in which, whether a pleader shall, or shall not have been engaged on the part of a prisoner, it may appear to him unadvisable that he should make appearance in Coiu't, whether by himself or his deputies, on behalf of Government. If after such correspondence with the Superintendent of PoUce, an appearance shall still appear inexpedient to the Government Advocate, he may in his discretion, refrain from appealing, and the case shall then be left to be disposed of by the Com"t upon consideration of the record, after hearing the pleader of the prisoner, in any case in which such pleader may have been employed. Eules. . SUPERINTENDENT OF POLICE, LOWER PROVINCES. 229 8. The GoTemment Advocate shall have the power of calling for explanatory No. 5, of 1832. information from the Magistrates in regard to any case in which, imder the preceding y Rules, it may become his duty to appear, or to consider the propriety of appearing in Court. And he may also, where necessary, solicit information on any point of import- ance connected with the course and cii'cumstances of a trial, fi"om the Sessions Judges. Ordered. That a copy of this Resolution be laid before each Judge and the Register, and that an Urdu translation of it be made for the Xative Deputy Register and the several Peshkai-s, and that a copy of the Resolution and of the translation be hung up in the Court House for pubhc information, and that copies also be sent for pubUcation in the Bengalee, Qoreeah, and Oordoo Gazettes. See Circular Order, Nizamut Adciwlut, No. 85, dated Z\st May, 1852. No. CCXXIII. TO THE MAGISTRATES AND JOINT MAGISTRATES IN THE LOWER PROVINCES. No. 6. — Dated Garden Reach, 24th July, 1852. No. 6, oflS52. U NDER instructions from the Government, arising from inaccuracies Rules to be ob- ^ . ~ . . • , served in prepai-a- occurring in the annual criminal returns from some of the districts m these tion of the aimuid Provinces, I have the honqr to enjoin great care on your part in the future "-mimal returns. preparation of these documents. The mistakes alluded to, have been such see No. CLXViii. as these : Homicide, riot with homicide, burglary with murder, cattle-stealing with murder, murder of children for the sake of ornaments, (belonging to head 20) affray with homicide, entered under the head of Murder, instead of under the heads to which they specifically belong. Murder, and thief-killing (after capture of the thief), entered as Homicide. Crimes entered short of the number which actually occur within the year. Entry of such crimes only, assault, «S*., d& are carried through the courts, in place of all complaints preferred. Want of a uniform principle in drawing up the " Memorandum of Theft and Burglary"* at .the back of statement. No. 1. A. In some instances .seepagei6L attempts are excluded from it, in others they are taken into account, whilst again some of the constituent headings of these two are entirely over- 3 >l 230 CIRCULAR ORDERS No. G, of 1852. looked, and all this producing of course great numerical discrepancies' ^ v^ ' which might be avoided by making the former of these heads, " Theft,' consist of the aggregate of headings 19 to 26 inclusive, including attempts, and the latter, " Burglary," of headings 16 to 18 inclusive, also including attempts. P. S. Parties in attendance on bail and recognizance, and forfeiting mcntSo. 1, A them, have been sometimes included in the colun)n* of "Escapes." This should not be done, but such cases should be entered under a separate head, " Forfeiture of bail and recognizance." No. CCXXIV. TO THE MAGISTRATES AND JOINT MAGISTRATES IN THE LOWER PROVINCES. Ko. 7, of 1852. No. 7.— Dated Kishenaghur, 18th December, 1852. Regarding the J^ HAVE tire honor to forward for your information and guidance, copy of Maf^istrate havmif _ _ ^ •' o ' j / it in his discretion a decision, No. 1507, of the 3rd November last, come to by a full Court to insiB^ ^'attend- °^ ^^^ Nizamut Adawlut, regarding the Magistrate having it in his discre- ance of a party un- tioH to insist upon the personal attendance of a party under Act V. of 1848. derActV. of 184:8. From B. J. Colvin, Esq. Register of the Suddei- Court, to the Sessions Judge of Dacca, No. 1507, dated Zrd November, 1852. The Covu-t l^a^ing bad before them yoiir letter, No. 623, of the 20th ultimo, direct me to communicate the following instructions. 2. As the object of a Magistrate in requiring personal Present. attendance of a party under Act Y. of 1848, is to judge W. B. J^k'son.^r.ui I Judges. of the propriety of taking a personal recognizance from J. R. Colvm, Esqa. J jjim the Court consider it always to be in the discretion and A. J. M. Mills, and! Qg. judees ^^ ^ Magistrate to insist upon personal attendance when E.H.Myttou.Esqs.; «• ' he sees fit. 3. In the case put by you, tlie period of apjieal counted from the date of the order of 1st September requiring personal attendance, as the subsequent petition was merely an application to reconsider that first cle^ order. The appeal therefore being \-irtually against the order of 1st September, was out of time. See Circular Order, Superintendent of Police, Lower Provinces, No. i of the 2nd April, 1853. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 231 No. CCXXV. TO THE MAGISTRATES AND JOINT MAGISTRATES IN THE LOWER PROVINCES. No. 8. — Dated on the Matabhangah, 24th December, 1852. No. 8, of 1852. in- to X HAVE the honor to direct that, with reference to the provisions of Act Calling for VIII. of 1851, you will, after consulting with the members of Ferrv Com- [°™!^*.ioi ^s , , . . -^ localities where mittees and other residents in your district, obtain and submit information ToU-bars may pro- as to the localities where Toll-bars may properly and conveniently be created f^^^^j ^"^\ 'g°"J^; on the road, so as to provide a fdhd for the repair and improvement of lished. roads in the interior. 2. You win submit tills information in the accompanying form, and forward it jto this office before the first of March n^xt. TOLL-BABS. 1 2 3 4 5 6 7 8 9 10 , 11 12 CO O S o s 2 a Z III as > 3 u -3 s -S SJ-S o J = !»■- 2 a. . ° . .£ ■« OT O c £ S.2S £5 J" U 1- ** . aj CO ^ c -a « t. m = S Q ri .ri •• ,-, public works w-ith- ^^ *" the intent or rule 12 or the rules tor the appropriation of the surplus out sanction of ferry funds, I am directed to acquaint you that the rule in question does Govt, limited to i • i -if 1000 Rs not contemplate the disbursement, without reierence to the Government, -J nvmr of sums in exccss of 1000 rupees in the aggregate in works on any one line of road, although each work, when taken separately, may be under that sura. 2. In such cases estimates including the whole of the works proposed or in progress, must be submitted for the approval of the Government. No. 3, of 1833. l^IRCULAR Order No. 3, of the 15th March, 1853, required that all letters, &c. intended for the Superintendent of Police, Lower Provinces, should thereafter be addressed to him at Garden Reach, Calcutta. • SUPERINTENDENT OF POLICE, LOWER PROVINCES. 233 No. CCXXVIII. TO THE MAGISTRATES AND JOINT MAGISTRATES IN THE LOWER PROVINCES. No. 4. — Dated Jessore, 2nd April, 1853. No. 4, of 1853. Wi ITH reference to my Circular No. 7 of the 18th December last, with Eegaidmg the its enclosure from the Court of Nizamut Adawlut, I have the honor to fnTMlSstrltfS forward for your information copy of a correspondence which has taken insist on the per- placfe between the Officiating Under-Secretary to the Government of Bengal, Tplu-ty from whom and that Court, regarding the discretion vested in a Magistrate to insist on '* ™^3' ^e deemed ., lie -» 1 . , proper to require the personal attendance ol a party 'rrom whom it may be deemed proper to security under Act require security under -Act V. of 1 848. ^ • "* 1^*^- See C. O. No. CCXXIV. From W. Goudon Young, Esq. Officiating Under-S^retary to the Government of Banff al, toB. J. Colvin, Esq. Register of the Sudder Court ^v. 298, dated I6th February, 1853. The Superintendent of Police, Lower Pro^-inces, has reported to this Government, Judicial, that he has circulated for the guidance of Magistrates generally, a copy of your letter* * ^T ,.^- 1 . , ^T ,. noted In the margin, containing the opinion of the Court * No. loO", dated JNovember . 3rd, to the address of the Sessiona at large, as to the discretion vested in a Magistrate to ° ' " insist upon the personal attendance of a party from whom it may be deemed proper to require security under Act V. of 1848. 2. As it appears to His Lordship probable, that misconcejjtion or difference of opinion may arise as to the proper meaning to be attached to the expression " insist upon personal attendance," I am directed to request that the Court will favor His Lordship with their opinion as to whether a ^Magistrate is empowered by law to issue a warrant for the arrest of a party, who may refuse or neglect to attend in person, when requii'ed to do so for the purpose of furnishing security under the Act in question. From B. J. Colvix, Esq. Register of the Nizamut Adawlut, to C. Beadox, Esq. Secre- tary to the Government of Bengal, No. 218, dated 26th Februai-y, 1853. In acknowledgment of the Officiating Under-Secretary's letter No. 298 of the 16th instant, I am directed by the Court to report for the Nizamut Adawlut. . „,-., -ktiii/-, j-t. i Present. information of the Most Noble the Governor oi Bengal, W.B.SonSj Judges. that hi their opinion a JMagistrate is empowered by J. Dunbar, Esqs. J ^^t; X. of 1845, to issue a warrant for the arrest of a and , . A. J. M. Mills, and "I Qg, , ^ ^^ party who may refuse or neglect to attend in person on R. H. Mytton, sqs. J » ^ summon, upon proof that due diligence has been used to sen'e such summons upon him, to give security under Act. V. of 1848. 3 N 234 CmCULAK ORDERS No. CCXXIX. TO THE MAGISTRATES AND JOINT MAGISTRATES IN THE LOWER PROVINCES. No. 5, of 1853. No. 5. — Dated Garden Reach, 22nd April, 1853. Calling for a X HAVE the honor to forward you the accompanyin;5 copy of a letter, SsseslulSe No. 95 of the 18th instant, from Mr. Officiating Under-Secretary Young, publications issued ^jth its enclosures, and to rec|uest your early reply to this call, therofroui. 6. O. No. 95 of ISth April, l»r>Z. General. From W. Gordon Young, Esq. Officiating Under-Secretary to the Government of Bengal, to W. Dampier, E^q. Superintendent of Police, Lower Provinces, No. 95, dated \Wi April, 1853. . ' I am directed by the IMost Noble the Governor of Bengal to request, that you will call upon the ^Magistrates subordinate to you, and submit for the information of Govermnent, returns fe the annexed forms (A and B) of the Native presses established in their respective districts, and of the publications issued therefrom during the year 1852. 2. You will also request the Magistrates to continue to furnish annual returns in the same forms. 3. The returns should include every printing press at which any periodical work, or any book or pamphlet in any vernacular or oriental language, has been printed or pubUshed dm-ing the year. 4. The Magistrates will probably have no difficulty in making up the returns as the pruiter and publisher of every periodical work, and ithe o\mer of every printing press is required by law to make declaration of the same before a ilagistrate, and it is not likely that such persons will be otherwise than willing to furnish all information required for statistical purposes. 5. In those districts in which there are no presses from which periodical or other works in any dead or living oriental language issue, a remai-k to that effect will be sufficient. Form A. Newspapers and other periodical puhlications. Place. Name of Press. Name of each Description of Name of Edi newspaper or each newspa- tor on thi other periodi- per or other 31st Decem- eal. ' periodical. ber, 1S52. Circulation of each. Price of each per copy. SUPERINTENDEXT OF POLICE, LOWER PROVINCES. 23.5 FOEM B. Books and Pamphlets. No. 5. of 1S53. * ^ ' Place. Name of Press. Name of each work. Description of each work. Number of co- ,t i. c pies of each^'^.™^^';°<^'=t work struck' P"'^ °^f ^^ jr 1 work sold. Price of each work per copy. 1 •* No. CCXXX. TO THE MAGISTRATES AND JOINT MAGISTRATES, LOWER PROVINCES. No. 6.— Dated Garden Reach, 16tli April, 1853. w No. 6, of 1853. / ITH the view of preventing as much as possible the maltreatment of Instructions for ;oners and the extortion of confessions by the will strictly adhere to the following instructions. prisoners and the extortion of confessions by the Police, I request that you treatment" of pri' soners, and the ex- . , f • • tortion of coufes- 2d. On the arrival of any challan or despatch of prisoners you will sionsbythePolic*. carefully examine the written challan to see the date of the apprehension '' ■ * See C. O. No.. and the date of the despatch of each prisoner from the Thannah, and should XLVI. any prisoner have been detained in custody longer than the period allowed by law, (forty-eight hours,) without reasonable explanation being given for such delay, you will call on the Police officer concerned to state why such delay has occurred, and you will be careful to notice and punish every instance where satisfactory reasons for this infringement of the provisions of Clause 16, Section 19, Regulation XX. of 1817 are not given. You will be particular too in seeing that none of the prisoner's relatives or connexions, especially females, have been taken into custody and subsequently discharged by the Police. 3rd. You will also enquire into and punish Police officers severely in all eases in which it may appear that any ill-treatment or severity beyond what was necessary to secure their persons may have been used towards prisoners. 4th. On the arrival of a confessing prisoner at the place where the Ma- gistrate is, he is to be immediately removed from tlie custody of the Police officers bringing him in, and placed in charge of the Nazir, or iu some secure 236 cincui.ATi ouDKns No.6, oflS53. place of coiifiiu'ment not huing the Ilazut ward in tlie jail, and after a "Y sufficient time .illowed him to collect and refresh himself, the prisoner win he l)r()Uj;ht hefore the magistrate, and his confessions recorded under the precautions ordered hy the Court of Nizamut Adawlut. The mofussil confession should not be placed in the hands of native officers recording the confession before the magistrate, but should lie kept by the latter. The two statements should be compared and ([uestions asked to explain any discre- pancies in, or differences between the two, but no cross-examination tend- ing' to intimidate the prisioner or to compel disclosures from him to be allowed. Eegulation XX. o/'1817, Section XIX., Glauses 1 to 4. Duties of Police Officers in receiving confessions. Ecg. XX. of 1817. Examination of First. — Whenever any perscyn may be apprehended and brought before a Darogah or other prisouersto be taken Police officer, under the provisions of this Eecrulation, the examination of the' prisoner shall without oatli, in the ; r r, 7 presence of three or be taken without oath, in the presence of three or more credible witnesses, who are to attest more ( '" ' nesses. more croOib e wit- ^j^^ examination ; and the Police officer, presiding at the enquiry, shall question the prisoner fully regarding the whole of the circumstances of the case, the persons concerned in the com- mission of the crime, and, if any property may have been stolen or plundered, the persons in possession of such property, or the place where it has been deposited ; in the event of the * See C. O. Ko. prisoner making free and voluntary confession, it shall be immediatelv written down,* if CXXXIV . . " . practicable, in the language best understood by the person confessing, and in the presence of three or more credible witnesses, who can sign their names, and are not officers of the Police or connected with the Tliannah establishment : if no persons can be found who may be able to read or write, the most respectable persons in the village shall be required to bear witness, Tlules in cases of ^^^ *° ^^^ their mark in attestation of the writing. The party confessing, as well as the Toluntary confessions, witnesses, shall be allowed to read the same when finished, or if unable to read, the Police officer recording the confession shall invariably read it over in the presence of the party and witnesses, before it is signed and attested, and shall state at the foot of the paper, the dav of the week, date, hour, and place at which it ma}' be taken ; the original confession, bearing the signatures of the party and witnesses, shall invai-iably be transmitted to the Magistrate, and not a copy ; and the Police officer presiding at the inquiry, as well as the person by whom the confession may be taken do^vn in writing, shall subscribe their signatures to the paper, in attestation of its authenticity. Compulsions or Second. — No compulsion shall be used either towards parties or witnesses, for the purpose fear< "to Tiidueif^con- °^ obtaining any information whatsoever ; and Police officers are strictly enjobed not, on any fession, strictly pro- occasion or under any pretext whatever, to encourage a prisoner, apprehended upon a criminal hibited ; penaltv on " • 1 , r- 1^ ■ t 1 1 t /• , conviciiou. " charge, to confess the same, or to excite the hopes or tears ot a prisoner by holding forth prospect of pardon, or using thi-eats, or otherwise persuading or intimidating the prisoner, with the view of inducing him to confess : any species of maltreatment inflicted on a prisoner or witness by a Pohee officer, landholder, or farmer, or by any other person whatever, whe- ther with a view.to extort a confession, or to procure information, will subject the offender to exemplary punishment, on conviction, before the Magistrate or Court of Circuit. SUPERINTENDENT OF POLICE, LOWER PROVINCES. 237 Third. — Whenever a confession may be taken at night, or at any other place than the No. 6, of 1853. PoHce Thaunah, the special reason for its having been so taken shall be stated in the '' v ' Darogah's report. . Eegn. XX. of 1817 ~ ^ ^ opecial reason must Fourth. — The foregoing provisions are not meant to preclude the Police Darogah or officers ^'^ stated if tlie con- • j- i ii • • /• 1 • • , -1 , ... , . , , , fession be received at presiding at the mquiry, irom makmg any private verbal examination which he may deem night, or in any otlier requisite, with the view of ascertaining accomisUces, or discovering stolen property, or obtain- P'"*® "''''' '^'^ Police 11.;' Tnannah. mg means of proof. Darogah may hold Fifth. — Prisoners confessing offences shall be kept apart from all persons in custody at the P"y**^. ■'"rbal ex- ^ i. 1 r J amination. Thannah, and, if practicable, shall be forwarded to the Magistrate's court, under charge of a Prisoners eonfes- separate guard. ^2.'° ^^ ^^^^ ''^'" Sixth. — Witnesses to confess;ions shall invariably be bound over by the Police Darogah Witnesses to be to attend the Magistrate on the arrival and examination of the prisoners at the Sudder ''""'^'^^'^J" boimd over. Station ; and the PoUce officers shall be careful not to admit of any deviation from this rule. # * *-.* * * * * * * * * # * #'« # # Suxteenth.— The Darogah and other officers of Police are hereby prohibited, under penalty No prisoners shall of immediate dismission from office, from detaining any prisoners without sendinc; them to ^ detained at the ° Thannah Cutcherree the Magistrate, beyond such time as may be indispensably requisite for the inquiries directed more than 48 hours. by this or any other regulation ; and if, from any cause, the inquiry cannot be completed within forty-eight hours after the arrival of a prisoner at a Cutcherree or Station of the Pohoe officer, the person shall uotwithstantling be sent to the Magistrate with a report of the case, and a chaUan or despatch drawn up according to the form No. 2 of the Appendix, a copy of which shall be given to the Bm-kundauze, mider whose charge the prisoner may be forwarded-,, to be delivered to the Nazir on his arrival at the Sudder Station. 3 o 238 CIRCULAR ORDERS No. G, oflS53. '^ V ' Rogu. XX. of 1817. 1*; t5 ^ s Or" •SJJJTJtUO^ 4) Bood Sing Butnah, Kluida- buksh. Date and time of his despatch to the Sudder Station, and under charge of what Bitrkun- dauze. On the evening of the 10th of April, undi'r the cuslt>dy of l{»m Sing and Motee Sing, 15ur- kundauzes. Date and time of the arrivid of the accused at the Thannah. Ou the evening of the 15th of Aprl. By Native Chowii cedar, in the vilhige of .lauusut. •^ Date and ■ time ol' the jqjprehen- sion of the accused. On the nioruing of the intii of April. Abstract of the of- fcntte and the date of its occurrence, and also the date of the Urzee, com- plaint, or inlbrma- tion. c 2 = • 1— i o „ c i 11 nil ^ 53 o 2 ~ ^ 3 O -S C 3 C -^ -^s - S tr -' ■" * 3 J C •- — — c; X c rt 53 ce ^ 1 Jeesook, inhabi- tant of Mouza Jainisnt, I'ergun- nah Dulniow, in thecstiCtcofUam- sing Z(Miiind:ir. 2 Matid), iniiabitant of Mouza I'alia- rce, Zeiiiiud;u' and I'ergmiuah as aljove. Name and resi- dence of the conqdainant or prosecutor. Itiundial, inhabi- tant of Mouza Serai \Vv\. ■n^IFlO 31* JO ox: ' SUPEUINTEXDEXT OF POLICE, LOWER PROVINCES. 239 Under the circumstances stated in tte annexed extract of a letter from tlie Officiating j^^ g ^f ]^§g3 Magistrate of Benares to the Sessions Judge of that district, it was held by the Western Court, ^ y ' concuri'ently with the Calcutta Court, that a discretion must be considered to be vested Constn. No. 1167. in the Magistrate to authorize the detention at the Thannah of a party accused of a criminal j^^ '^T" Varo^ah °to offence, cognizable by the Police, beyond the period specified In the 16th Clause of Section 19, detain a party more Regidation XX. 1817, when the measure may appear to that officer absolutely necessary for the ends of justice, but that it should be exercised with great caution, and only on very strong grounds. Extract of a letter from the Acting Magistrate of Benares, to tJie Sessions Judge of that city, ■• dated 2nd August, 1838. Para. 2. An application was made to me by the Magistrates of Arrah and Ghazeepore for the recovery of certain stolen property saidrfco be in the house of the defendant Naraindoss, and on a search of his pernjises many articles were discovered. I therefore thought it absolutely necessary (till further enqmi-ies should be made how iai he was implicated) to keep the defendant under some restraint, both to prevent the possibility of his removing the re- mainder of th^ midiseovered property, and also to prevent his escape should he be so disposed. 3. As the case was not connected with this Zillah, his removal to the Sudder Station ap- peared to me an unnecessary piece of harshness, and I therefore directed that he should be kept under restraint at the Thannah (though not in confinement) with the view of communi- cating further with the Magistrate of Arrah on the subject of the identification of the pro- perty ; and that no delay has occurred in doing so is apparent from that gentleman's reply accompanying the Misl which was laid before you. The defendant has now, however, according to the instructions conveyed m your proceeding of the 31st ultimo, been removed to the Hajut Tujveez. 4. It appeal to me that the detention of the prisoner in this case was unavoidable, and that the Clause and Section of the Regulation quoted by j-ou is meant to prohibit Thannadars from confining individuals beyond forty-eight hours, but does not interdict a Magistrate from using his discretion in detaining a prisoner at a Thannah or elsewhere. Construction I7b. 1167, of the 17th Augitst, 1838. Regulation IX. o/1793, Section VI., and Regulation VL o/1803, Section VI. and*^.' ^i%li''^^' The Magistrates, upon receiving any charge, shall be careful to ascertain from the com- Points to be at- plainant, and to record upon their proceedings, on what day of the month, in what year, and Magistrates in their at what time of the day or night, the act complained of was committed. AVhen a prisoner <^°q^"?* mto charge . . . preferred to them, shall confess before them, the crime or misdemeanor with which he may have been accused. Prisoners confessions or shall confirm any former confession that he may have made of his having committed such '? ^onhrmations of crime or misdemeanor, the Magistrates shall be careful to have such confession or confirma- be properly attested. tion of a former confession witnessed by as many of their officers, or other creditable persons, confessions and to who shall be present at the time it shall be made, as the Mahomedan law requires to give it ^^'^ crime, to be , . i 1. • i 1 required to attend at validity, and to cause suari witnesses to be m attendance at the next Sessions of the Court the Sessions. Coufes- of Circuit. But the Magistrates are strictly enjoined to satisfy themselves , that aU confes- "°,"^ '" '"^ ^f "'"' " ^ voluntary, and pri- sions made by prisoners are free and voluntarj- ; and notwithstanding such confessions, they eoners not to be ill- 240 CmCULAR ORDERS ■KT ,• fioro shill invariably summon ami bind over to attend at the next Sessions, the witnesses to the ^0. 0, 01 ioOj. ' ^^ 1 • I. 1. XL U \ I commission of the crime or misdemeanor alleged against the prisoner, that they may be treated on any pre- pjamined before the Court of Circuit, in the same manner as if the prisoner had denied the "'^'' charge. The Magistrates are further required to take special care, that persons upon being apprehended, are not made to suffer corporal punishment, or otherwise iU-treated, under the pretence of compelling them to answer truly to questions which may be put to them, or under any other pretest whatever. — (Regulation o/'1803.) C. O. N. A. No. Confessions made before Magistrates, should be attested by three or four respectable 23 of 1800. witnesses who can read and ^ni&.— Circular Order, Mzamut Adawlut, No. 23, of ^th Attestation of con- fessions. July, 1800. C. O. N. A. No. Magistrates should specify in English on the confessions that they were made before them; 90 of 1811. tj^e Jates when made, and thj names of the persons confessing ; the confessions are then to y agis a s. ^^ attested by the Magistrate or other person before whom they are made, with his signature at length and the specification of his office.— CiVcuZar Order, Nizamut Adaiii'tt, No. 90, of 20th June, ISll. Constn. No 101. Vakeels may be required to attest confessions, and are liable to dismissal for refusing to do By Vakeels and gg Darogahs may require respectable persons to attjst confessions, if they refuse, the Magis- ° Penalty for refusal, trate can call on them for their defence and subject them to discretionary punishment. — Construction 101, dated 2^rd April, 1S12. and examining the attesting ^Yituesse3, C. O. Nizt. Adwt. Some trials have been recently before the Nizamut Adawlut in which there were strong No. 73, of 1810. grounds for believing that confessions have been procured from the prisoners at the Thaunahs observed by Magts. by very improper means, and that such confessions have been subsequently repeated and and Courts of Circiut confirmeji before the Magistrates, under the influence of those previous impressions. in taking the conies- ° , . . , . sions of prisoners, 2. The attention of the Court has in consequence been seriously engaged m considering whether any measures can be adopted, calculated to repress practices so atrocious in them- selves, and so incompatible with a pure administration of justice. It having occurred to the Court that the following precautions will conduce to that important end, they have directed me to conununicate them to you for your information ; and to desire that you will extend the conunvinication to the several Magistrates within your division, for their information and guidance. 3. Experience having shown, that accused persons sent into the common jail, without examination, are put on their guard by other prisoners, and, in consequence, generally decline to make any confession or discovery when examined, several Magistrates, to avoid this incon- venience, appear to have adopted the practice of examining all persons sent in by the PoUce officers, as soon as possible, after their arrival at the station. 4. This practice, the Court observe is well adapted to accomplish the object which it proposes, but is also attended with danger, that the persons examined, when under strong impressions of any improper treatment which tliey may have experienced in the Mofussil may SUPEKINTENDENT OF POLICE, LOWER PROVINCES. 241 be induced before they have had time to recollect themselves, to confirm fabricated and ^q, g of 1853 extorted confessions. V I 5. The Coui-t remark, that it will obviously require great circumspection on the part of f ?^?o ^'' ^' ^''' ^^ the Magistrate, to guard against this danger. That the following are the precautions which naturally suggest themselves. The Magistrate (or his Assistant, if the latter be employed on such occasions) to be mild aad patient in his examination of the prisoners ; to exert himself to ascertain whether they have been subjected to improper treatment in the Mofussil ; to make prisoners sensible that they are secure against such practices while under the Magis- trate's charge ; to be particularly attentive that alleged Mofussil confessions of piisoners, be no| recorded as confessions rr^ade before himself, from being read to prisoners and receiving their assent ; but to satisfy himself, by making prisoners teU their own story, that their statements are deliberate and spontaneous ; lastly, to be watchful, that prisoners are not subject in the jail, or other places of confintfment, to any continuance of the improper means, to which they are liable at the Thannahs. 6. In one of the cases which have drawn the attention of the Court to this subject, a prisoner accounted for his having confirmed before the Magistrate a false confession, which the Police officers had extorted from him, by stating that when examined in the Foujdarry Court, he was surrounded* by several of the persons who were concerned in the violence which * See Para 2. he had suffered. The Com-t remark that this circumstance will show the Magistrates the C.O.No.CLXXX^I. necessity of being cautious that the Police oiScers, under whose charge the prisoners are sent in, be not permitted to exercise any interference, when they are examined. 7. The Court are fiu-ther of opinion' that the ill-treatment of prisoners might be greatly checked, by attention on the^part of the Magistrates to enforce the rule contained in Section 17,t Regulation IX. of 1807, 'which enjoins that the Police Darogahs shall, in all cases, ^ Rescinded by Sec. despatch to the Magistrates, all persons appr ehended by them, within forty-eight hours after theu' arrival at the Thannah Cutcherry. The Court have had frequent occasion lately, to notice the infringement of this rule, and judge it therefore necessary to impress upon the Magistrates the necessity of enforcing its strict observance. 8. The Covurt have also observed, that confessions have been frequently procured from prisoners in the MofussQ, at unseasonable hours of the night, and in secret, and sometimes in solitary places, where only the Police officers, or persons under their influence have been allowed to be present ; that altogether to prohibit secret examinations, would lead to serious inconvenience, but that at the same time, the most vigilant attention of the Magistrates is obviously required to prevent the Police officers grossly abusing this power ; that , such mode of proceeding can rarely be necessary, and that it ought of consequence to be the constant care of the Magistrate to see that it is not adopted without adequate cause. 9. But with all these precautions, the Court remark, that the principal security against the practice of proeming false confessions, will consist in the careful investigation by the Magistrates and Courts of Circuit, of the cases coming under their cognizance ; that the too easy admission of confessions, will always operate as a temptation to impose false confessions on the Com-ts ; wliile, if they are received with circumspection and all the additional evidence which the case may admit of, uniformly required and carefully taken, the "fear of detection must prove a powerfid dlscom-agement to the practice. 10. The Court likewise desire to call the attention of your Court, \,o the necessity of carefully examining the witnesses to Foujdary confessions, so as to ascertain that they have 3 P 1. Cl. 1, Reg. XX. of 1817. 242 CIRCULAR ORDERS No 6 of 185^ ^'c**" "i"'!"^ under the Magistrate's immediate inspection, or that of his Assistant, and under I y ' eircunistances which exchided an_v improper interference or influence. The case which the C. O. N. A. No. QQ^^J.^^ jj^ve referred to above, sufficiently establishes the expediency of these cautions. 11. The Court also rely on your Court, to enforce the observance of the preceding instruc- tions to the Magistrates, and to correct any irregularities which you may notice in their proceedings, and the proceedings of their Police officers, which may have escaped their animadversion. 12. It is only, the Court observe, by the constant exercise of this control that the regularity of proceeding can be secured, which is essential, not only to the prompt despatch of business, but to the highest interests, both of individuals and of the country. — Circular Order, yizamut Adawlut, No. 73, dated 2Zrd August, 1810. Extract of a letter from the Secretary to Government in the Judicial Department, dated 21rf ^ December, 1810. i G.O. 2l9t Dec. 1810. Orders of Govt. Para. 3. The Governor General in Council has learned with deep concern, the offence com- respecting the exer- fitted by some of the Dai'ogahs' of Police in that Zillah, of extorting by thrijits and inti- vent eonfessioiis being midation unfounded confessions from persons apprehended. His Lordship in Council would extorted from persons j^^^g^ ^;^.|j ^'^^ Nizamut Adawlut, that this criminal practice may not be so prevalent as appears to be supposed bj- the Acting Judge ; but the facts stated by Mr. Watson are sufficient to sho\V, that every possible exertion should be made for the prevention of this serious evil in liiture. The Governor General in Coimcil approves generally the order passed by the Nizamut Adawlut on this point. G. O. Jlizt. Adwt. I am directed by the Court of Nizamut Adawlut, to communicate to you the following No. 89 of 1811. uistructions. in continuation of those contained in my letter of the 23rd August last,* on the Confessions in the ' •' _ . . Mofussil, how to be subject of confessions taken in the Mofussil ; and to desire that you will circulate the same » "x "3 ^° *'^^ several Magistrates within yom: division, for their information and guidance. 1. The confession should be witnessed by three or more creditable persons, (as required by + Rescmded by CI. Section 17,t Regulation IX. of 1807) who can sign their names, and are not officers of Police, 1, Sec. 1. Reg. XX. ^^. (.oajjg(.<;yfi ^^ith the Thannah establishment, of 1817. 2. All confessions committed to writing should be taken down in the presence of the subscribing witnesses, and immediately signed, and attested. Tliis instruction, the Court remark, will not preclude the PoUce Darogah fi-om making any private verbal examination, which he may deem requisite, with the view of ascertaining accomplices, or finding stolen pro- perty or means of proof. 3. The original confession, viz., that bearing the original signatures of the party and witnesses, to be iuvai'iably transmitted to the Magistrate, and not a copy. 4. When the confession may be taken at night, or at any other place than the Police Thaimali, the special reason for its having been so taken, should be stated in the Darogah's report, with information of the date and hour at which the prisoner was apprehended, and brought to the TJhannah. 5. The Magistrate, in examining the witnesses to a written confession, should be carefid to ascertain, that they, as well as the party confessing, were fully informed of the contents of it. To secure this object, the Police officers should also be enjoined in all instances, alter SUPERINTENDENT OF POLICE, LOWER PROVINCES. 243 taking down a confession, to cause it to be read over to tliem in the presence of the pai-ty and jfo_ q ^f is.53. the witnesses, before it is signed and attested. — Circular Order, Nizamut Adawlut, No. 89, ^^ y ' dated ISth June, 1811. Magistrates ought not to commit for trial before the Com-t of Circuit, or hold to security No 156 of mb.' any person on the sole ground of the accusation of confessing prisoners, that such persons were Mai^istrates not to their accompHces, or concerned in the offence charged. It is not intended however, to restrict '^o™""' I'"'" ^"^ pe""- . . sons accused solely Magistrates from making any further enquiry, or holding any further proceedings they may in confessions of pri- consider to be necessary, regarding persons in the above predicament, or from acting accord- ing to, tlie result. — Circular Orier, Nizamut Adawlut, No. 156, dated 20th November, I.8I0. souers. 20. The Court having also had many late occasions to observe, that their Ciroidar Orders C. O. Nizt. Adwt. speciaUv requiring that the examinations 'of aU iirisoners be made in the presence of the -„ ' . „' . , . . ' . Examination of pn- Magistrate, ai'e not sufficiently attended to, I am directed to desire that you will call on the soners to be made iu Magistrates in your div-ision to conform themselves strictly io those orders, and in no case Matri^trate who is to to certify, or otherwise to authenticate any paper, purportinpj to be a confession, which may certify to that effect. not have beeJ made on a personal examination by the Magistrate himself And more effectu- ally to provide against the objectionable course which has frequently obtained of late of allowing the examination of prisoners to be taken in the serishta, iu the Magistrate's absence, you are desired to instruct the Magistrates, in all cases of confessions before them, to certify the same in the foUowiifg words ; " I hereby certify, that this confession of was made by the said Certificate of Ma- , and taken down in,,writing, and attested by the subscribing witnesses, before me, and in my presence, on the between the houi-s of ; that, to the best of my belief, the confession was voluntary, and that no interference, directly or indirectly on the part of any person likely to influence or intimidate the prisoner, was permitted." 21. The Court further desire that the Magistrates be instructed to direct their Police officers to certify confessions made before them in the same manner. 22. On aU. trials held by you, you are desired in examining subscribing witnesses to con- fessions, to be particular in ascertaining from them that there has been no deviation from these Rules, and in case of omission by a Police officer, that you take suitable notice there- of, and that vou report any transgt-essions in this respect on the part of a Magistrate, to the Nizamut Adawlut. — Circular Order, Nizamut Adawlut, No. 5i, dated \&th July, 1830. No. CCXXXI. TO THE FlSRRY FUND COxMMITTEES, LOWER PROVINCES. No. 7, of 1853. No. 7. — Dated Garden Reach, 1 3th June, 1 853. I Ferry Fund Com- AM instructed by the Most Noble the Governor of Bengal strictly to mittees not to fore- prohibit all Ferry Fund Committees, against forestalling their Assets without ^nd to state atThe the sanction of the Gtovernment, and also to direct you to certify at the foot *°°* "^ ''^'•^•y Ml ,.,,,., ^ ,. ^, ^ c -1.1 . , submitted for audit of every bill submitted tor audit, the amount or assets available at the date the amount of as- on which the bill is drawn. ^«*^^ available. See No. CXCV. 244 CIRCULAR ORDERS No. CCXXXII. TO THE MAGISTRATES AND JOINT MAGISTRATES, LOWER PROVINCES. No. 8 of 1853. N*'- ^- — Dated Garden Reach, 21st June, 1853. Information lo- |J NDER instructions from the Most Noble the Governor of Bengal, I have thT^ practfj"' "of' *^® honor to direct that you report to this office specially all cases in which swinging at the the practice of swinging at the Churruck Poojah is attended with cruelty or Churruck Poojahs. «,., ,,. ^.i • !•• -ti enforced without the tree consent or the parties submitting to it. 1 also request to be favored with your opinion whether the law as it stands is sufficient for preventing siich cruelty or violent enforcement of the rite. No. CCXXXIII. TO THE MAGISTRATES AND JOINT MAGISTRATES, LOWER PROVINCES. No. 9, of 1853. No. 9. — Dated Garden Reach, 25th August, 1853. Circulating "co- X HAVE been'directed by the Most Noble the Gove-nor of Bengal to annex pies ol the judg- ^^^ ^^^^ information and guidance a judgment delivered by the Chief Justice .Justice ofH. M.'s of her Majesty's Supreme Court on the 8th of July last, on the case of Supreme Court in . , t a cLe of ejectment. Andrew, versus Lyon. Supreme Court, July 8th, 1853. Doe Dem. Andrew, vs. Lyox and another. This was the case in which the Sheriff returned that he could not obtain possession. Sir L. Peel, this day delivered the following judgment. Mr. Ri*^chie lias informed the Court that he abandons his Rule agamst the Sheriff in this case. We are glad that he has done so, for the Court said, and still think, that it would be improper to attach the Sheriff, who has done all that he had it in his power to do to execute the writ which he was bound by law to execute. I was requested by Mr. Ritchie to put into writing for the future direction of those who had to enforce the execution of similar writs the substance of that which fell from the Court, when he moved his Rule, and of which he had but an imperfect note. I do this the mOre readily because I think that it may be useful to future Sheriffs also, and may clear up some doubts which seem to have prevailed about this case. I stated then that Mr. Bcadon had communicated to me the course which was pursued and the motives which induced the Government to decline to lend its aid to the execution of the writ iu the mode in which the Sheriff supposed it to be his duty to execute it. SUPERINTEXDEXT OF POLICE, LOAVER PROVINCES. 245 I did not tliink it then necessary to state more than this, that the Government had, No. 0, of 185^. if it had erred, erred merely on a point of law, on which conflicting opinions of its ' v own officers had left it in doubt how to act, and that there was not the slightest ground for imputing an unfriendly spirit. I now think necessary to add, as I see, not^rithstanding what I said, that it is supposed that a collision is impending between the Government and this Court, that there is not the slightest foundation for any such fears ; that 'Sir. Beadon's communication was made in the most friendly, candid and courteous spirit, and I hope I may say that it was received in a corresponding spirit. The jurisdiction of this Court is declared as to persons. No Native occupying lands in the ^Mofussil is subject tb the jurisdiction of this Court by reason of such occu- pancy. Unless he be an inhabitant of Calcutta, or unless a special character, which may attach to him by an act or contract, of his own enuring to that effect, establishing his liability to jurisdiction, he is free from it, consequently this Court has no jurisdic- tion, in the former case, to try ' that Native's title to th« occupation of lands, or to dispossess him of them. But if a person who is subject to the jurisdiction of this Court occupy lands in the iMofussil, or is landlord to those that do, then his title in the one case to occupancy, in the other to the landlord's or Zemindarry title, may be tried in this Court between the claimant of them and himself. Any one may be the plaintiff, though the jurisdiction is Hmited as to defendants. Consequently if a British subject, or other person subject to the jurisdiction of this Court were a ryot, or occupier of lands in the ^lofussd, and one claimed those lands from him, and sued him by ejectment in this, Court, he could shew, if such were the case, that the lessor of the plaintiff (i. e. the claimant) had no real title even to the Zemindarry, and also that if he had, he, the defendant had a right or estate, which entitled him to hold the possession as occupier, and therefore that the claimant was not entitled to the actual possession. It is the actual jKjssession which is sought in ejectment, though of course delivery of that possession will vary with the nature of the thing sought, — in some cases it can be little more than nominal, as for instance if a public road were recovered in ejectment, or as if tithes in England were so recovered, for which, though an incorporeal right, ejectment lies by a provision of the legislature in early times. It often happens in England that the tenants are never meant to be disturbed, the possession is then given by attorney to the claimant, and often ejectments are brought with this express object, but in England the actual tenants or occupiers are subject to the jurisdiction of the Court : here they often are not, consequently in those cases the practice in ejectment, which is a flexible form of action, a mere fiction in form for the more convenient trial of the right, is made conformable to the different state of circumstances, the tenant is served notice, that he may, if he thinks fit, defend the title against a new landlord, for he may not like the new as well as the old landlord, therefore for this reason only notice is given to him, not with any view to compulsory dispossession of him. Ordinarily he takes no part in the matter, but the landlord defends, or else the suit is not defended : if it is not defended our rule requires a full affidavit of the liability of the occupier and the jurisdiction of this Court : if that affidavit were falsely made and that appeared, the execution of the writ woiUd be at 3 Q 246 CinCUI-AU ORDERS No. 9 of 1853. once suspended, and so far from resenting, we sliould be thankful to any one, wlicthcr ' y ' in an official position or not, who pointed out to us the intended abuse of the Queen's Court. The possession of the tenant is for many purposes considered in law as that of the landlord, and where the actual landlord docs not defend, but is a British subject, or is otherwise subject to the jurisdiction of the Court, then the rule of Court is practically complied with by shemng his connexion with the property, and hia liability to the Court's jurisdiction. But in neither case, either of a defended eject- ment, or where one is undefended and judgment goes by default, are the ryots to be dispossessed, or interfered with. But if one who is, or calls himself a rj-ot, comes in and takes defence, then he may impeach the lessor of the-plaintiflPs or claimant's -title, either as respects the Zemiudarry or as respects his own occupation. He cannot be turned out of possession by this Court, either, directly or indirectly on any grounds except those on which he might be dispossessed in a suit instituted against him in a Mofussil Court. The law ifl the same, for the law on winch his rights are founded would be just as much respected here as in any other Court. Consequently if the defendants in this ejectment stood on the rights of a ryot as to any pa;^ of those lands, they had only to assert and prove them, and if they were such as enabled them to hold against the claimant, the claimant's title would have failed />ro tanto. But they did not so, they took defence for the whole as landlords, and they failed as to that : they set up no right as tenants to a parcel of the lands, and did not even take defence in that character for any portion. If "they had such title, it was their folly not to advance it, and if by error they had failed to insist iipon it, and had applied to the Coui't at any time before execution issued, the Court had both the power and the ■wish to protect them from injury. The Com-t has not the duty cast on it of executing its own writs. In any difficulty, if applied to, it would assist the Sheriff with its advice. The Sheriff" cannot in the Mofussil raise the body of the people as it were to help him. The duty is enjoined by the Charter to the persons there described, and if that duty were wilfully and causelessly mthhcld, that might be punished in due coiu-se of law ; but if those to whom the Sheriff" applies for aid bond fide believe that they would really be in error and trespassers in helping him, that would excuse them ; the mere command of the Government would be no legal excuse, unless that were conveyed in wi-itinjg by the Governor General in Council in the mode directed by the statute. In that ease they would be obeying the law in giving their aid to the Sheriff, in the other they would violate it. Thus if the law be observed it is impossible that the executive and judicial authorities in the land can actually be dra^vn into collision. We have no reason to suppose that the decision of this Court on a legal point would be disregai-dcd. Theii- errors of judgment can be set right on appeal. The duty of one who is called on to aid a Sheriff is also a plain one. If he thinks the Sheriff' is doing wrong, he should not, while that impression is on his mind, aid him, he sliould state his doubts and ask for information, if that l>e given, and he still doubts, he can readily get the advice of the Law Officers of the Government, or ask the SheViff to apply to the Court for directions ; if his doubts are dissipated, then it is liis duty to act. If in that case the Government order him to desist, then SUPERINTENDENT OF POLICE, LOWER PROVINCES. 247 he should respectfully ask the protection which the statute gives him of a legal order Nq. 9 of 1853 ill the prescribed mode. Unless that course be taken, the Court of course could listen * '-\ ' to no suggestion that a man is ordered by a higher power not to act according to law, for, it is to be observed, it must hold that to be the law which it has declared by a legal judgment to be so. We have little doubt that now the rights of the parties have been explained, the Sheriff will receive assistance if necessary to put the plaintiff in possession of those premises which were actually in the possession of the defendant, or liis agents or servants. No. CCXXXIV. TO THE. MAGISTRATES, JOINT MAGISTilATES, OFFICERS IN CHARGE OF SUB-DIVISIONS, ASSISTANTS GENERAL SUPER- INTENDENT, THUGGEE DEPARTMENT, LOWER PROVINCES, AND COMMISSIONER FOR THE SUPPRESSION OF DACOITY, HOOGHLY. I No. 10.— Dat^d Garden Reach, 12th October, 1853. lyj ,„ „ ,o-o , -No. 10, of 18o3. HAVE the honor to acquaint you by direction of the Most Noble the Medical certifi- Governor of Benojal, that medical certificates which accompany applications ?^^^^ accompany- " . . r J ir jjjg appbcations for for leave of absence by officers subordinate to this office, must be invariably leave to be coun- countersigned by the Medical* Board, as prescribed by Section 5 of the Civil M^lSal'Board *^^ Absentee Rules. * Or in certain cases by the Supg. Surgeon. Circular Order, Board of Revenue, No. 21 of the 9th August, 1853. Circular Order No. ll of the 10th November, 1853, contained in- No. 11, of 1853. structions for addressing, after the 18th idem, all letters intended for the Superintendent of Police, Lower Provinces, to hira, " on his tour." 248 CIRCULAR ORDERS No. CCXXXV. TO ALL MAGISTRATES AND JOINT MAGISTRATES IN THE LOWER PROVINCES. No. 12, of 1853. ^^- ^-- — Dated Patna, the 30th December, 1853. I ^Vllat informa- \_ HAVE the honor to forward for youf" information and guidance, copy of tion should be supplied iu future the Resolution of the Most Noble the Goveriior of' Bengal on my Police with the Police Reports. Report for the year 1 8 51,' dated the 8th of September last. Such remarks in it as may respect the District under your control, will, I have no doubt, receive your best attention ; and to enable me to prepare the returns therein required from my office, I have to request that you will furnish me, besides the annual statements due for 1853, with the following additional ones for that year, and for following years as they fall due. A comparative statement of crimes for 1853, and for nine years iramedi- Vide para. 41, of the Resolution, ately preceding it. A comparative statement of the proportion of convictions obtained in Vide para. 43, of the Resolution, dacoitv, homicide, and affrays for 1853, and for the nine preceding years. A statement of the population of the district for the year 1853. This Tide para. 44, of the Resolution mav be prepared from the house lists of each Thannah, which are believed to be extant, and which should be revised once a vear. SUPERIXTENDEXT OF POLICE, LOWER PROA'IXCES. 249 No. 12, of 1833. ' ^ ' Resobition recorded by the Most Noble the Governor of Bengal on the 8th September, 1853, on the Report of the Superintendent of Police, Lower Provinces, on the Police for the year 1851. The ]\Iost Noble the Governor of Bengal having had under renew the report on the state of the Police in the Lower Provinces* for the yeai- 1851, submitted by the Superintendent of Police, records thereon the foUo^ring remarks : — ■ 2. The total number of offences of all kinds in the 31 districts to which these reports have reference, ascertained by tjie Police to have been committed during tlie year 1851, was 82,925, being an increase of 1,570 as compared ^ith the year, I'850 387, 2,0i3, 10,022, 12,930, 15,088, 23,337, 26,223, ,1849 1848 1847 1846 1845 1844 1843 and finally an increase of' 1^,450 as compared with the average of the eight years preceding 1851. Year. Offences. Increase per cent. 1043 56,702 1844 59,588 5. 1845 67,837 13. 1846 69,995 3.1 1847 72,903 4.1 1848 80,882 10.9 1849 82,538 2. ■ . Decrease. 1850 81,355 1.4 Increase. 1851 82,925 1.9 3. From this it appears, that if the number of offences be taken as the test of the progress of crime, there has been a steady increase year by year, with one exception, 1850, when there was a slight decrease, which was more than recovered \a the following year. It also appears, that since 1848, the percentage of annual increase has been smaller and more imiform. Judicial. * Except the province of Cuttack, the Kerenue Division of Chittngong, and the eitra regulation provinces. 3 R 250 CIRCULAR ORDERS \o 12 of 1S53. "^- The total immhcr of persons con\ictcd of ofTcnocs of all descriptions during the ^— V ' year 1851, was 18,712, or '.)['Z in excess of the average of the preceding eight yaara but 3,612 less than the average of the preceding three years. Convictions for 8 years. Year. CoiiTictions. 1813 37,724 1811 42,006 1845 47,212 1846 48,628 1847 49,648 • 1848 51,891 1849 54,526 1850 50,554 5. The following table shews how far the numbw of eases reported to the Police, tallies with the number of persons ( jonvieted. Increase Increase of convictions of ofiences Year. Convictions. Offences. greater than the increase of offences by. greater than increase of connctions by. In 1844 Increase of 11 per cent. Increase 5 per cent. 6.7 „ 1845 12 „ 13 „ 1 „ 1846 J) 3 „ 3 „ . * „ 1847 !> 2 „ 4 „ ... 2 „ 1848 „ 4.5 „ „ 10.9 „ 6.4 „ 1849 » 5 „ 2 „ 3 „ 1850 Decrease of 7 „ Decrease 1.4 „ 6.4 „ 1851 3.6 „ Increase 1.9 „ ... 5 6. It appears fi'om this compaiison, that there has been a much larger and more steady increase in the number of offences than in the number cf convictions ; and, as the average number of persons concerned in each offence is not likely fo diflfer materially, the circumstance indicates faidtiness in the system, the precise natm'e of wliich it should l)e the oljject of the Superintendent to discover. 7. The large proportion of acquittals to convictions during the same period is shewn in the following table. In 1843 acquittals were 87 per cent, of con\ictions. „ 1844 70 „ „ 1845 66.8 „ „ 1846 61.8 „ „ 1847 63 „ „ 1848 60 „ „ 1849 57.6 „ • „ 1850 60 „ „ 1851 64.8 ., SUPERINTENDENT OF POLICE, LOWER PROVINCES. 251 In 1851 the percentage of acquittals was nine less than the average of the preceding eight years : but is 4.4 higher than the average of the preceding five years. Taking the whole of these nine years there has been a decrease in the proportion of acqiiittals, 8. The above statements show an increase in the number of offenders in the ratio of 3 per cent, annually, on the last nine years. What the increase of population has been during the same period, there are no data to determine, but the increase of population in Great Britain is one per cent, annually. 9." It may fairly be hoped* that the increasing number of offences annually reported in these returns is in some part attributable to increased efficiency in our Police arrangements. Within the period under notice, 2.2 Deputy Magistrates have been appointed, and a still larger number of sub-divisions Created. These, in bringing justice nearer to the people, must 'no doubt have had the effect of affording additional inducement to bring offences to the notice of the Police, while the increase in the salaries of Pplice officers (in the year 1845,) is reported, and may naturally be expected to have had a salutary effect on their efficiency and trustworthiness. 10. Taking the population of the 31 districts under notice at 31,193,615, and the average number of persons convicted during the last nine years being 47,763, we have a proportion of one in 653. From French criminal returns, it' appears that the proportion of persons convicted to population (for the year,1843,) was one in 539. 11. With reference to crimes properly so called, the facts shown in the Police reports for 1851, and previous years are as follows. Homicide. Under this head there appears to have been the same steady annual increase which was observable in the case of offences generally. Homicide during 9 years. No. 12, of 1853. ""V" 1843 1844 1845 ■ 1846 1847 1848 1849 1850 1851 459 484 499 516 523 549 494 555 ■ 562 Increase per cent, over preceding year, ... I- 3 3 1 4.9 Decrease. 10 12 1 12. The average number of crimes under this head for the eight years preceding 1851, was 510. This number has risen to 562 in 1851, an increase o? 10 per cent. The average number of crimes under this head for 1851, being 562, the average for each district will be 18. The districts wherein this number has been e.\ceeded are as follows : — 252 CIRCULAR ORDERS No. 12, of ISSn. ' -V ' fcb ^r. E i o 2 o GO 1 !» 3 P5 o 1 (2 § 1 1 1-3 a. 1 39 29 28 26 2G 23 25 22 21 21 20 13. ■ Tlie average of the preceding eight years in each «\istrict was 10^. The districts where this average was exceeded during that period are as follows : '^"•^ be e bo 5-2 ' 2 c o c cj o 1 02 cq ^ * C3 C Backergu Hooghly Bhaugu ■f 3 2 o "Hocrbhoo ig 29 2G 241 23f 231 23 21 191 18 18 18 171 This list of districts is almost identical with the; one before given, the only difference being the addition of another Behar district and of ^Midnapore. 14. The total number of persons convicted of this crime by the Sessions or Nizamut Judges in the year 1851, was 525 persons; which, supposing the estimate of the population before given to be correct, is one, to every 59,41G persons. In England and Wales the total number of persons conricted during the year 1 843, (when the population was about 17,721,66 1) for offences under the same head as these now uuder notice was 300, giring a proportion of one in every 59,072 persons. 15. The proportion of comactions to committals (as far as this point can be ascer- tained from the report, which is not at all clear on this head) is not very satisfactory, tlicre having been 481 persons convicted to 225 acquitted at the Sessions or by the * 3 Districts are Nizamut Adfiwlut,* or only 67.9 out of the whole number committed. caKulation in conse- The districts where the proportion of convictions has been least favorable are as quencc of the incoin- f^ii„.,.„ . pletenessofthe returns IO"""'>- lor those districts. District. Percentage of Convictions to committals. Monghyr, 29 ]\lukla, 45 Pubua, 28.5 , ^loorshedabad, 44 ^liduaporc, 18 Uowrah, 13 16. Dacoity. Under this head there has been a very serious increase of crime SUPERINTEXDEXT OF POLICE, LOWER PROVINCES. 253 Year. No. of Dacoities. 1S43 1844' 1845 1846 1847 18J8 1849 1850 1851 Percentage of the crime. 377 4(i3 22.8 Increase 525 13 „ 450 14 Decrease. 446 88 ,, 550 23 Increase. 658 19.6 „ 682 3 6 ,, 833 ..... 22 ,, during the last few years. The total number of offences for the eight years preceding 1851, is shewn in the margin* with the yearly percentage of increase. In 1851, the number of offences under this head was 833, or 314 (60.5 per cent.) more than the average of the preceding eight years. Tlie temporary decrease of dacoity in the years 1846 and 1817, is not accounted for in the reports for those years. From remarks made in other places the cause may fairly be connected with jthe price of food. « 17. A table is subjoined shewing the relative extent of this crime in all districts where more than ten dacoities have beei}^ reported annually, and the relative increase of the crime dui-ing 1851 in the same districts as compared with the preceding average of eight years. The distrv;ts are arranged in the order of their populousness. No. 12, of ISo.'?. * V- ' > District. 1 11 CO .s .a g 3 i ii o S • Special and local causes of the prevalence of dacoity refen-ed to by the Superintendent of PoHee in his present and previous reports. Dinagepore, Eaishahve 15 28 75 19.5 76.5 8.6 29 41.5 32 52.5 21.6 12.8 12.5 20 t 23 14 '29 128 27 118 24 51 59 43 109 65 23 14 37 33 3.5 70.6 43.5 54. 179. 110. 42. 34. 107.6 200.9 79.6 12 85 43 Distress of the peasantry caused chieflj- by the re- sumption of the Chakran (rent-free) lands by the Zemindars or middlemen ; introduction of the subletting system ; and low price of labom-. Failure of crops in several places dining 1851. Propinquity to Calcutta where dacoities are ar- ranged, the leaders concealed, and the property disposed of with ease. The native Pobce bad ; and during the year un- der notice, the absence of an efficient Magistrate. Extensive jurisdiction ; and dm-ing 1851, gene- ral failure of crops. Extensive jmisdiction ; and large tracts of jungle. General poverty of the people, aggravated during 1851 by the general failure of the crops. The village Police driven to connive with the dacoits in consequence of the resumption of their lands by middlemen. Injurious effect of a frequent change of officers. Proximity to Calcutta where tbs greater part of the dacoities are arranged, and where the pro- property is at once concealed. Burdwan, Beerbhoom, Hoo^hlv Eungpore, Moorshedabad, ... MJflTiapnrP, Jessore, Nuddea, Bancoorah, Bosrah 24-Pergunnahs, ... Barraset, Howrah, 3 « 254 CIRCULAR ORDERS No. 12 of 1S53. 1^- The following statement shews the progress of this crime during the last nine ^^ Y ' years in the two worst districts, Burdwan and Hooghly, and which, it will be observed stand 3rd and 5th in point of population. Numher of Dacoities reported to the JPolice in Burdwan and Hooghly. Burdwan. Hooghly. Eemarks. c Year. Number of dacoities. Increase over preceding year. Number of dacoities. Increase over preceding year. 1843 1844 1845 1846 1847 1848 1849 1850 1851 41 63 71 67 70 80 105 103 128 53.6 12.7 Decrease. 5.6- Increase. 4.4 14 31 .9 20.7 33 71 • 97 63 " 68 93 77 110 118 115 •: 22.5 Decrease. 35 Increase. 7.9 36.7 Decrease. 20.7 Increase. 42.8 7 HoOtillLT. It is not unworthv of remark that in the case of HooglUy, one of the most efficij-nt and active Magistrates in Ben- gal, (Mr. Wauchope) was in charge dur- ing the greater part of this period. There can be little doutt that the comparative impunity to Dacoits, the result of frequent acquittals in the Ses- sions Court, must have tended greatly to permit the increase of this crime. , 19. The degree of success which has been obtained in bringing the authors of this crime to justice is as follows : — Convictions in Daeoity for 1851. District. X o o 3 = X S 2- o o o Number actually convicted by Ses- sions Judge or Nizamut Adawlut. Number released by Sessions Judge or Nizanmt Adawlut. Percentage of con- victions out of the total No. sent to the Sessions. Burdwan, 1280 1180 1090 650 590 510 34 18 33 57 25 12 22 36 94 23 IS 10 34 4 60.7 33 25.9 71 58 54.5 29 81.8 Hooffhlv Nuddea, Bancoorah, Midnapore, Moorshedabad, < Barraset, 370 14 Howrah, .' 1 330 18 SUPERINTENDENT OF POLICE, LOWER PROVINCES. ioo The resiilt here shown is, that in the eight districts named, upwards of 6,000* per- son3 must have been engaged and that 2a 1 persons have been convicted, or less than fom- per cent, and that the proportion of these last to the whole number committed to the Sessions is only 46.6. 20. Burglary. The total number of offences brought to the notice of the Police Rate of increase, in the year 1851, was 19,293 being .6,418 (or 49.8 per cent.) in excess of the average of the preceding eight years, dm-ing which the rate of increase has been as shewn in the marsdn.* 21. The average number of burglaries fon each district during the eight years ending mth 1850, was,,415, and the follo^nng is a list of those dis- tricts, where this average was exceeded. No. 12, of 1853. i ^ ; Year. Annual No. of offences. Rate of increase. 1843 ... 9.560 .. 1844 .... 10,267 .. . 7 1845 11,413 .. . 11 1846 .... 11.128 .. 2.5 Decrease. 1S47 .... 12,157 .. 9 Increase. 1848 14.289 .. .. 17.5 ,•", 1849 .... 16,517 .. . 15.5 „ 1850 17662 .. . 6.9 „ 1851 .... 19,293 .. .. 9 District. O -t3 3 r3 'C O Tirhoot, ... Dinagepore, Behai', Patna, Sarun, Bogra, Xuddeah, . . . Pubuah, . . . Shahabad, . . . Bhaugulpore, MoDghyr, . . . , 6th 1st 20th ISth 22nd 2Sth 19th 17th Vth 10th 16th 6D O O t- C3 > 3 O 1154 1143 932 894 735 667 553 550 508 501 472 CO CO 18S4 1206 1419 1470 1600 1248 680 817 415 809 801 is 63 5.5 5.2 64 117.6 87 22.9 48.5 Decrease, •18 Increase. 61 69 In Rajshahye there has been an increase above the average of 8 per cent, and in Purneah of 11 per cent. Adding to the number of burarlaries committed in those Behar districts which are named above, the number committed in C'humparun and Purueah, (the only Bchar * Tlie fact of there not being 6,000 different persons, and that the same men were engaged again and again in conuuitting these dacoities does not weaken this statement. 256 CIRCULAR ORDERS No. I'J, of IS.'H. districts not included), it appears that Bchar yielded in the year 1851, fifty per cent. *^ V of the total numhcr of hurglaries committed in the 31 districts nnder our notice, while the estimated proportion of population in liehar to that of the other districts is oidy 32 per cent. His Lordship ohservcs that the very large increase of crime under this head (117. G per cent.) wliicli has taken place in Sarun is attributed by the Officiating Magistrate to the presence of large parties of Gypsies in the district who subsist by theft and burglaiy. No explanation is afforded (as should liave been done) of the large increase of burgbry (87 per cent.) which has taken place in Bogca — nor in Patna, (where the increase was 64 per cent.) and in other districts. His Lordship desires that this defect may be corrected in future reports. 22. The total number (5f persons arrested in 1851, on the charge of hanng com- mitted burglary was 3,085, and of these 1,192 were convicted, — or 38.6 per cent. These results cannot, in His Lordship's opinion, be regarded as satisfactory, and it is manifest that a vast number of persons must be arrested and sent in bv the Police against whom there is little or no evidence. 23. The 'following are the districts where less than 50 per cent, of the number of arrests have been followed by convictions during the year 1851. Districts. • Percentage of conviction to arrests. Malda, .". . . 9.7 Dinagepore, 11.8 Nuddeah, 14.8 Eajshahye, 21 . % Pui-neah, .' 21. Rungpore, 23. 24-Pergunnahs, 23. Moorshedabad, 27. o Furreedpore, Behar, 27.6 Jessore, 28.8 ilidnapore, 33.7 Dacca, 34.8 Sarun, 35.5 Patna, 35.8 Burdwan, 36.8 MjTiicnsingh, 37. Ilooghly, 41. Bancoorah, 41.8 Bpckergiinge, 43. • SUPERINTEXDENT OF POLICE, LOWER PROVINCES. 257 There is only one district in which 75 per cent, has been obtained ^'iz. Bogra. The fqllo'n'ing ai'C the districts in which the convictions have reached upward of 60 per cent. Bogra, 75. Til-hoot, 62.8 • Sylhet, 64. Beerljhoom, 64.8 The Superintendent's report contains no explanation of this veiy unfavourable state of things. 2i\ The proportion of parsons comncted of burglary to the population of .these districts was 1 in 10,111, or adding the number of persons convicted of dacoity (which would be deemed biu'glary in England) ,1 in 8,927. The proportion of persons in England and Wales committed in the year 1849 for * Year. No. of thefts. Rate of increase. ' ^lu'glary and house brejiking was 1 in 13,464. 1843 .... 10.395 25. Tfie/t. The table in the margin* exhibits 1844 .... 11,478 .... 10 . , ,. . m, , 1845 V.Si'* 3 the yearly increase ol this crime. The number of 1847 :: " 11 is!? :: :: 1 w'ie!' tl^efts brought to the notice of the Police in 1851 1845 .... 13.042 .... 10 „ -^vas 14,650, being 19 per cent, in dicess of the 1849.... 13.927.... 6.7 „ ^ m, • , 1850 14,138 1.5 „ 8 years average, ims makes an average of 397 1851..... 14,650.... 3.6 „ for each district. The districts in which that average was exceeded are as follows : — No. < 12, of 1S53. V 6 o B o tD i c3 a o o 3 S o c ■73 § S J 1 -3 S M o s o S S S 3 ^ 748 740 731 674 644 577 532 527 527 523 476 451 434 415 26. The average number of thefts committed in each district in the year 1851 was 473. The districts m which this average was exceeded were as follows : — C3 o 3 C s 1 1 1 S C Ph 1 f s >> 1 1—1 o 1 6 931 925 901 864 834 807 740 618 545 543 542 534 530 Yeai-ly average of preceding 8 years, . . . J674 527 748 527 644 577 740 731 J375 435 532 415 529 3 T No. 12, of 1S53. > . ' 258 CIRCULAR ORDERS \Vith the exception of Sarun, the Superintendent of Police has omitted to shew any special cause for the increase of this crime in the districts above noted. The number of persons arrested in 1851, on the charge of theft was 9,85G, and the number convicted 4,2.25, or only 42.8 per cent. 27. Those districts in which the convictions have been less than 50 per cent, of arrests are as follows : — District. Percentage of conTictioni to arrest. Malda, 17.8 Dinagepore, , 20.6 Moorshedabad, 25. Kajshahye, 26. Dacca, .' 26.4 Burdwan, 27.8 Eungpore, 35. Howi'ah, . . 35. Pumeah, t 35.8 ^ Hooghly, 37. ■; 24-Pergunnahs, 38. Kuddea, 39. Bogra, 39.9 Behar, 42. Bancoorah, '. . . . 43.5 Sarun, 44.9 Bhaugidpore, 44.9 Fm-reedpore, 47.7 Beerbhoom, 49.5 The Superintendent of Police affords no explanation of the unsatisfactory results exhibited in these returns. 28. Jffrays. There is no indication, His Lordship regrets to ol)serve, of any dimi- nution in this crime, though there appears to have been very' great fluctuation in the rate at which it has increased. 29. Tiie total number of aflrays in 1851, is 35 per cent, in excess of the octennial average. The avei'age number of affrays in each district for the same period was 24. The following ai-e the districts in which that average was exceeded. p 2 to o o >> CO o •3 .2 1 1 3 3 u ■5: o ■1 E o 3 o "3 i K 03 V2 K ^ S - .4^ H 92 '71 67 46 40 40 35 32 27 27 26 SUPERINTENDENT OF POLICE, LOWER PROVINCES. 259 30. The average nimiljer of affrays in each district for 1851, vras 4.09. Thpse iu which this average was exceeded, were as follows : — No. 12, of 1S53. ' ^r ' r-t in GO i-H 6 C4 f O C3 a Bhaugulporc. o 8 r; 1 1 13 3 o 1 3 20 14 10. 8_ 7 7 6 6 6 5 5 1 2.6 3 8 5 5 5.7 5 4 3 • 8 4 The large increase in thiij crime which has taken place in Pubna, Hooghly, and Patna has not been explained. 31. The number of persons punished, or the proportion of convictions to arrests cannot be ascertained from the report. 32. On the whole 35,360 serious offences or crimes have been brought to the knowledge of the Police dvuing the year 1851. Of these, bm-glai'ies form 54.5 per cent. Thefts, 41 „ ■ ■ Dacoities, 2 „ Homicide, 1.6 „ Affraj^, 3 „ 33. The following table shews the relative prevalence of these crimes in the different districts under review. 2G0 CIRCULAR ORDERS No V 12. of 1S53. "V Of the l)tirgl;i- ries,72.Ghavi; 1 Of theft, 05.G Of dacoitics.OO have been] pen cent, have Of homicide, 50 Of aflrajH,' 71 been commit- committed in been commit- per cent, in per cent, in, District. ted in tlic the following ted in the the follomng the following following dis- districts. following dis- districts. districts. tricts. tricts. ''Tirhoot, Tirhoot Tirhoot 1 Saruii, Sarun Sarun Sarun Sarun. Patiia, Patna Patna Patna Patna. c Bchar, Bfliar Behar Behar -H 1 7 31 39,' Of the 31 ofRcers in charge of districts on the 3Ist Decemher 1851, 1 had hcen appointed to his then charge above 8 years. 1 ''■' » 5 » 2 ■ » 3 „ 3 2 6 „ 1 year. ■ 15 under 1 „ 31 40. The figured statements having been compared w ith the figures given ii. the body of the report, it appears that the report is frne from many of the discrepancies ■which have marked previous reports. There are however many defects still observable. 41. The Superluteudcut will be requested to iustituto iii future reports, a compa- rison between the results of the year reported on, and the average derived fi'om the retm'ns of several preceding years, instead of confining their comparison to the single year immediately preceding. 42. The Superiutcndeut wiLL also Idc requested to give a special and separate return of the progress of crime, and of the proportion of convictions to arrests and commit- ments under the five principal heads under which crimes in this country may be classified, omitting from this statement all the petty offences ■which form so large a proportion of the total number of oli'euces. 43. At present, the proportion of convictions obtained in dacoity, homicide, and ajf'raijs hxa not shewn at all in a tabular form, and can only be obtained with difficulty from the body of the report. There shoidd also be the means of seeing at once what progress is made in tins respect in comparison with former years. 44. There is at present. His Lordship observes, no means of knowing the relative proportion of crime to population in the dift'erent districts. With a view to the attainment of this object the Superiutcndeut ■n-ill be directed to require from his subordinates, re\ised house-lists for every thannah. Lists of this kind already exist, but they should be revised once a year and the result communicated to the Superintendent. Taking k5 as the average number of soids to each house, there will be the means of at least approjdmatcly estimating the relative prevalence of crime in each district. I ^ — > • SUPERINTENDENT OF POLICE, LOAVER PROVINCES. 263 Tliis iiiformatioQ is also calculated to throw liglit on anotlier important point regarding jijo. 12 of 1Sj3 which there is at present no evidence, viz. the fluctuation of population. 45. Whenever in the case of any particidar district or crime, there has been a marked change, the Superintendent wiU always endeavoiu' to ascertain and state the causes which have been at work, the state of crops, price of food, decrease of population, changes in the tenure of land, character of the officer in charge of the police. Sec. Information of this kind is very seldom afforded in the Superintendent's reports, and His Lordship observes that in tlie case of some districts, an unfavorable proportion of cpnvictions is attributed ,to the Police, in others, where the results are equally mifavorable either the ^Magistrate's efficiency is impugned, or no cause at all is assigned. 46. The Superintendent's attention will be called to the very imperfect natiu'e of the statement marked F in the appeiidix to his report^ in the compilation of which, there appears to have been' great yrant of care and discrimination. It is evident that in the preparation of the returns furnished by his svibordinates, no uniform principle of classification or nomenclatm-e 'has been observed ; and that instead of requiring those officers to correct these errors, the Superintendent has adopted them in his own statement. Thus, wherever a Magistrate has described any particular offence in terms different from 'those applied to the same offence by other ^Magistrates, the 'Superintendent gives a separate column to each of tkese definitions instead of including all offences which are really of one kind under a single heading. The result is, that such anomalies as the following pervade tlie statement in question : under the heading " Accomplice in theft" one offence is recorded for the whole superintendency : " Affray iv'ith Homi- cide" appears twice over mider diflerent classes of offences, so also " Affray with breach of the Peace," besides which there are other columns headed, " Affray" " Petty affray," " Riot." jMoreover, this attempt at minute classification, His Lordship observes, can be of no practical use. The Superintendent will therefore be requested to instruct his subordinates carcfidly as to the principles of classification to he observed in their periodical returns, and to insist rigidly on the observance of the same. At the same time, the Superintendent's own statement wiU in future be drawn up on a simpler and more comprehensive plan. 47. The Superintendent has omitted in the reports for the last two vcars to annex any observations on general questions as to the working of the law, and the general administration of justice and police, which circumstances may have called his attention to during the year. This should always be done. It is impossible, but that every year's management of such an extensive jurisdiction must suggest numer- ous points worthy of observation and explanation. . Order. • Ordered that a copT of the above Resolution be forsvarded to the Superintendent of Police for his information, and for communication to the several ]\Tagistrates named therein, of such portions as may concern them. 264 CIRCULAR ORDERS No. 1, of 1854. Circular Onlcr No. I, of the 1 8th January, 1 8.54, circulated a descrip- tive roll of one Jacob Ruliiin, a convict, whe had escaped from Penang, and contained instructions for his re-apprehension. No. CCXXXVL TO ALL MAGISTRATES AND JOINT MAGISTRATES IN THE LOWER PROVINCES; No 2 of 1854 ^^- 2- — I^'ited Patna, 28th January, 1854. Emploj-ment of X AM directed to inform you, that whilst Assistants are employed in the Assistants. transaction of revenue' duties in the interior of the District, there is no objection to their taking up criminal business, connected with those parts of the District in which they may be employed, on the distinct understanding that the Assistants shall only take up criminal cases, so far as their revenue duties during the period in question may give them leisure, and so as not to interfere with the due discharge of the latter. 2. Where Assistants have full powers, they might be instructed in special cases to receive petitions direct, but in general it will be advisable for the Magistrate to refer cases to the Assistants with the reference to the under- standing noted above. '£3 C. O. Bd. of Rev. With reference to Circular Order, No. G2, dated the 3rd September 1850,* I am directed bv the Board of Eevenue to forward herewith for your information and * See page 216. • guidance, a copy of a letter from the Officiating Under-Secretary to the Government of Bengal to the address of the Superintendent of Pohce, No. 120, dated the 13th ultimo, relative to the employment of Assistants, when engaged during the cold season on, settlement or other revenue duties, on such criminal cases also as may arise in the neighboui-hood of theu' encampment. G.O.lSth January, From Honosos Pratt, I^sq. Officiating Vnder-Secretarii to fhe Government of Bengal, fo W. Dampieh, Esq. Superintendent of Police, Lower Provinces, No. 120, dated Fort Wil- liam, the Idth January, 1854. Judicial. I ^m directed by the Deputy Governer of Bengal, to acknowledge the receipt of your letter, No. 2915, of the 26th November last, giving cover to one from Mr. Montresor, the Magis- trate of Nuddea,"in which it is proposed that his Assistant, Mr. Lawford, should, when employed during the cold season in settlement or other revenue duties) be permitted to take up such ci-iminal cases also as he is competent to decide, that may arise in the neighbourhood of Ills encampment. . SUPERINTENDENT OF POLICE, LOWER PROVINCES. 265 2ucl. In reply, I am directed to inform you, that His Honor has been pleased, in compli- jJq. 2 of 1854 anee with your recommendation and under the circumstances represented in support of the ^ y i proposal, to sanction the same, and to diiiect that it may he carried into effect on the distinct understanding that the Assistant shall only take up criminal cases so far as his revenue duties during the period in question may give him leisure, and so as not to interfere with the due discharge of the latter. 3rd. His Honor also desires me to inform you, that there is no objection to a similar arrangement being carried out in the other Districts in the Lower Provinces ; and accord- ingly requests that the necessary instructions may at once be issued by you, to the several Magistrates under your control, for its adoption, so far as may be practicable in their respective Districts. • 4th. A copy of this correspondence will be forwarded to the Board of E^venue for the information and guidance of the local revenue authorities. Circular Order Board of Revenue No. 5, dated the Zd February. 1854. No. CCXXXVII. TO THE MAGISTRATES AND JOINT MAGISTRATES IN THE LOWER PROVINCES. I No. 3. — Dated Patna, S^8th January, 1854. -j^ „ f 1054 HA^'E the honor to call your attention to the furnishing me with the Callm<' for re list of printing presses in your district, and the several periodical and other *"f"*. °^ native . ^ . . prmtmg presses, works published at them, the annual transmission of which, according to a &c. prescribed form, was directed in my Circular Letter No. 5, of 1853. ^- 0-^'°- ccxxix. VyIRCULAR Order, No. 4, of the 16th February, 1854, circulated " a fur- No. 4, of 1854. ther list of Police ofhcers who have been excluded from the force for dis- qualifying offences, and are not elegible for re-emyloyment without .special reference to higher authority," or to the Commissioner of Circuit. " The list is brought down to the period of the abolition" of the office of Super- intendent of Police. END OF THE CIRCULARS. 3 X INDEX. INDEX. ACCOUNTS — prescribing rules to prevent embezzlement iii the — of the Magistrates, ' ... , the early preparation and transmission of periotlical — enjoined, ACTIONS .[jrought against ofBcers of Government for acts done in the discharge of their official duties — measui'es to be adopted in, ADMINISTRATION OF POLICE— Decisions of Sessions Judges in miscellaneous criminal appeal cases affecting the — to be re- ported to the Superintendent of Police, APP£ALS FROM MAGISTRATES orders suspending or dismis- sing ministerial and Police officers to be presented to Superin- tendent of Police within prescribed' time, APPEALS from dismissed Police officers should be accompanied bj' a copy of the proceedings 'ordering then- dismissal, ... • copies of orders appealed against to accompany, APPLICATIONS for assistants to Magistrates to be made through the Superintendent of Police, for rewards for apprehension of Criminals to be made to Sessions Judge, giving intimation to the Superintendents of Pohce, for superannuation pensions must be accompanied bv detailed information of the cases, ... ... ... APPLICATKJNS FOR LEAVE— ride for assistants to Magistrates and Collectors and .Joint Magistrates making, APPOINTMENTS— Lists of— from 1S37 of PoHce and Ministerial officers, called for by Superintendent of Police, and Dismissals of ditto cUtto to be forwarded monthly, APPREHENSION of female relations of accused persons by Police officers on msufficient grounds punishable, of offi^'nders — Superintendent of Police empowered to offer re\T,ards to the extent of Rs. 500 for the — Magistrates similarly empowered on emergency, ARCHIOLOGIST — Assistance to be afforded to the Government, ... ARREST — persons under — not to be released except on bail or special orders, attention di-awn to above, ! . . ASSISTANTS— Applications for — to Magistrates to be made thro' the Superintendent of Pohce, posted to a sub-division — may apply for tents, to Magistrates and Collectors and Joint Magistrates rule for — making applications for leave, to be employed in the interior on revenue duties dming cold seasons, when there is such work to be done, 3 Y JVo. Page CXVIII. 101 CLXXXVII. ISO CXCVIII. 200 I. 1 XXVL 19 CLXI. 116 CXCIV. 193 III. 4 CXVII. 101 CCV. 210 CCIX. 214 VIII. 9 XLVIII. 37 CXIIL 97 CXL. 127 CXCVII. 19.S XLI. 31 XLIII. 31 IIL 4 CLXXXI. 178 CCIX. 214 CCXIl. 216 270 INDEX. ASSISTANTS — may be enii>loyeJ on criminal cases when they have leisure, B BAD CHARACTERS— intimating the release of two— from the Jail of the 21-I'frj^'ui\nahs with a view to tlii'ir being known in case tlicy are brought up chari^ud with any oti'cnce, BAIL — persons under arrest to give — and not to be released except on special orders, BILLS for di'i)utation allowance of Magistrates on less pay than 1,000 Rs. to be countersignwl by the Superintendent of Police,... BUDDUCK AND KECHUCK UACO ITS— statements made by- forwarded with the view to add to the information and to the identification of the parties, BUDDUCKS AND OTHER DACOITS— measures taken to prevent the organization of — with bands of professional dacoits in the Lower Provinces, return called for — of the number of daioities sup- posed to be perpetrated by, BUILDINGS j)roposed to be purchased for Government must be previously surveyed by the executive officer, CARRIAGE, CATTLE, &c. inviting suggestions for adopting a mode of supplying for Government purposes, CASES referred to the Chemic;il Examiner, should be accompanied with details, ... CATTLE — stray — information required as to the amount of fines on — collected and expended — the amount Darogahs are empowered to exact, and with what checks, CATTLE, CARRIAGE, &c. inviting suggestions for adopting a mode of supplying for Government purposes, CHEMICAL EXAMINER to be furnished with details in sU eases referred to him, CHOWKEYDARS — INIagistratcs enjoined to see that the — are effici- ent men, &c. How inquh'ies regarding them are to be made and with what precautions. CHOWKEYDARS WAGES— Police not to interfere to procure payment of — nor to compel Munduls and Rvots to keep watch,.., CHOWKEYDARS IN KHASS MEHALS— i-ules for provicUng, . . . CHOWKEYDAREE— Forms of the half yearly returns of collec- tions -and expenditure required by the Superintendent of Police, ^- Forms to be indented for from the Government Lith. Press, ... ASSESSMENT— matters relating to— hither- to referred to Commissioner of Circuit to be referred to Superin- tendent of Police, CESS^to be collected by the Buckshee — how Chowkeydars are to be paid — examination of them — the tax to be assessed equitably, and both Europeans and Natives to be taxed alike, ... TAX — Returns of collections and expenditure of the — to be made annually, Sui-plus — before expending any portion of the — the sanction of Government through the Superintendent of PoHee must be obtained, the ajiplication for such sanction to state the amount of Surplus in the Treasury, ... .... Ko. Page CCXXXVl. 204 CLX. 14.5 XLI. 31 X.Xll. 18 CXXVIII. 100 LXXXIX. 78 LXXIII. 65 , ecu. 206 CXII. 94 CXXVI. 1(17 XLV. 34 CXII. 94 CXXYI. 107 LXVII. 54 XCVII. 80 XCIX. 82 XII. 12 XII. 12 XXI. 17 L. 40 XX. 16 XXXI. 25 XXXI. 25 INDEX. CHOWKEYDAREE SURPLUS FUND— fines imposed on Chow- key dars declared to belong to, > ... ■ Surplus Funds — before appropriating — Orders of Government to be taken, SYSTEM — the introduction of the — prohibit- ed — into other than Sudder Towns, CHURRUCK POOJAH — information called for as to whether the practice of swinging at the — is attended with cruelty and whe- ther it is enforced against the will of the parties, ... CIRCUIT DEPARTMENT— returns of the officers of the— em- ployed in the Foujdaree Department called for, CIRCULAR ORDER No. 11, of 1839, (LVIIL) reoaUed, CIRCULAR ORDERS- Magistrate to furnish the Superintendent of Police with copies of all — issued by them, ■ Magistrates stric,tl\' prohibited for issuing — • until drafts of them have been approved, ■^^— ^^^— of the Superintendent of Police to be separately filed, ... ... ' ■ of Magistrates for the conduct and guidance of Pohce officers to be sent to Superintendent, ... ... , CL.ASSIFI'iATION OF CRIMES— the necessity of bestowing care in the, . in statements of crimes, COMMISSION OF THE PEACE— Officers whose names are in the — to qualify themselves as Justice of the Peace, ■ — oath to be taken under the new — by Justice of the Peace, COMMISSIONERS OF CIRCUIT— All commmiieations from Po- lice officers hitherto made to, to be made to Superintendent of Police, COMMUNICATIONS — requiring immediate attention should be su- perscribed with the word. " immediate" or " m-gent," COMPLIMENTARY ADDRESSES— officers of Government not to accept from those over whom they are placed in authority, CONFESSIONS EXTORTEi?— Sir T. Munro's mmute on the sub- ject of — circulated, — ^— — instructions for preventing the Police obtaining, CONTINGENT CHARGES — economy enjoined in the disbursement of such as rewards for the apprehension of offenders, extra Po- lice or ministerial establishment and the repau'S of Thaunahs — instructions in respect to them, CONTINGENT EXPENSES— authority for mcm-ring— to be soli-- cited from the Superintendent of Police or Sessions Judge, and the bills with vouchers to be forwarded direct to the CivU Auditor, CONVICTS — infoi-mation required as to the number escaped fi-om confinement" and re-captm-ed, employment of — at a distance from the sudder station prohibited — when necessary to so employ them a special report to be made, CORRESPONDENCE OFFICIAL— Rules for conducting, — in aU future — the letters should be docket- 'ted. J the docketting of prohibited, ... instructions for rendering intelligible in themselves without reference to other documents, ... rules for reducing the bulk of — forward- ed to Government, 271 iVb. Paye ■ XXXVII. 28 XCIII. 79 CXXIV. 105 CCXXXII. 21i XVII. 16 LXXXV, 7G X. 11 CXLIX. 132 XXIV. 19 X. 11 CXXIX. 110 CXXIX. 110 CLXXII. 169 CCXIII. 217 XI. 12 XCI. 73 CCXVIII. 222 XLVI. 34 CCXXX. 235 CXVI. 100 XXVII. 20 XXXIV. 26 CXLV. 130 XVI. 11 CXI. 93 CLIX. Ii5 CXLIII. 128 CC. 203 272 INDEX. COUNTERSIGNATURE— of Superintendent of Police required to bills of de]iutation allowance of Magistrates wlu draw loss pav than 1,000 Rs., • Ly civil officers of plans and other do- cuments relating to Public Works, COVKNANTKD CIVIL SERVANTS— return of— employed in each zillali rc(juii-cd, ... CRIMES — periodical return of, ^ 1. Statement of crimes, &c. with abstract, 2. Comparative statement of heinous offences committed within each district, , 3. Monthly report of dismissals and appointments of the Police and M inisterial officers, ... ... . . . j impprtance of accpiiring the assistance of landholders in the detection and suppression of, half yearly statement of — superseded by annual returns — attention drawn to definition of crimes, ... ... CRI]\IES — the necessity of bestowing care in classifyiiig — in the statement of, . . , CRIJNIINAL TRIALS — held by-Sessions Judges — abstract statement of the — to be sent to Superintendent of Police, ' held by Sessions Judges — abstract state- ment of the — to be furnished to Suiierintondent of Police, CRIMINAL RETURNS — rules to be observed in the preparation of the annual, CUTCHERRY — ^Police officers brimrinsr in witnesses or defendants not to remam m attendance at the, ... ^... ' X.XII. 18 CLXXVIII. 171 XXIX. 2t XXXII. 2(5 CLXXXVIII. ISl CXLVII. i:il cxxix. no IXIII. 32 CXLVIlI. 132 CCXXIII. 229 CLXXXVI. ISO DACOIT LEADERS— Statements made by— forwarded with the view to add to the information and to the identification of the parties mentioned therein,... ... ... <•- circulating depositions made by — with the\'iew to ]\Iagistrates obtaining further information and pointing out the mode in which it is to be obtained, DACOITIES — return called for of the nimiber of — supposed to !» perpetrated by liudducks or gangs from Oude, calling for a Statement of the number of — committed from 1S30 to 1S37, calling for a Statement of the number of — committed Irom 1'83S to lS.t2, reports of aggravated cases of — to be made immedi- ately and then weekly, fuller information regarding — required in the Pohce Statements, ... DACOITS, BUDDUCKS AND OTHERS— measures taken to pre- vent the organization of — with bands of professional dacoits in the Lower Provinces, KECHL^CKS — statements made by — fonvai-ded with the view to the identification of the Offences and of inducing Magis- trates to make further enquiries, , a registry of — desirableness of forming, circulating Statements nuide 1)y, ... ... DAGEES AND TEKORAHS — the jiractice of keeping — under sm-- veillance during night to be discontinued, DAROGAHS to send their Thannah rejwrts direct to the Superin- tendent of Pohce. CXXVIIl. 109 CXXXVIII. 120 LXXIII. G.5 CVIII. 91 CXXV. lOG XLIX. 39 LV. 44 LXXXIX. 7S CXXXVII. 12r, CLXXXVIII. 1S4 CLXXXll. 17S LXI. 49 LXIX. 59 INDEX. 273 Dj4.R0GAHS reports — pointing out the nature of— to be sent to Superintendent of Police, ... , promotion of — scheme for remodelling the plan of, ... engaged in the Mofussil to forward daily to the Magis- trate a memo, of his proceedings, to report to Superintendent of Pohce direct the oc- M. Page currence of serious cases only, not to he called upon to give security, ■ authorized to draw travelling allowance in certain eases, DECEASED POLICE OFFICERS— proceeds of property belonging to — how to be remitted, ... DEFENDANTS OE WITNESSES— police officers bringing in— not to remain in attendance at the Cutcherry, DEPORTATION OF FOREIGNERS— drawing attention to Clause IV. Section VII. Regulation III. 1821 regarduig the, DEPUTATION ALLOWANCE— of Magistrates on less pay than 1,000 Es. — Bills for — to be coimtersigned by Superint&dent of Police, ... ... ■ ... ... ._ to Deputy Magistrates not quali- fied for permanent deputation when iiroceeding into the interior to mat-e local investigations, DEPUTY MAGISTRATES— not quahfied for permanent deputation when proceeding into the interior to make local investigation authorized to draw deputation allowance, tr;ivelling allowance authorized to — In charge of sub-divisions whilst moving about their jm'isdiction, DESCRIPTION — of proclaimed cnminals person to accompany an ajipHcation for the sanction of reward for his apprehension, DIET OF PRISONERS— Information called for on the system of, DISMISSAL — Police officeA liable to — for taliing leases of land from zemindars within their jurisdiction, DISMISSAI>S—Lists from 1837— of Police and Ministerial officers called for by Superintendent of Police,... ditto from 1835, ■ and appointrdents of ditto to be forwarded monthly, of Police or ministerial oificers appealable to Superin- tendent of Pohce within prescribed time, DAEOGAH — Hullodhur Eaie whose name is to be expunged from the Ust of, . . . Shaik Neeamut Allee whose name to be expunged from the list of, .. . JEMADAR— Mulhck Sunday Allee declared ehgible for re-emplovment under Government,... MINISTERIAL OFFICERS— a report of— called fOr, OFFICERS of one Department not to be employed in another Department, DISMISSED POLICE OFFICERS— selected for re-employment— register of rainor punishments imposed on — to be kepjt : when dis- missal should be resorted to, reasons of pmiishment to be record- ed, also for selecting dismissed officers for re-employment, petitions of appeal from — to be accompanied by a copy of the proceedings ordering their dis- missal, DISTRICTS — interior of — Magistrates enjoined to visit frequently the, ... , DISTRAINT FOR RENT— returns called for of the number of cases for — in which peons have been deputed by Darogahs to assist, DOCKET of letters — instructions regarding, the system of — prohibited, 3 z cxxx. CXXXII. 112 IM CXXXV. 12Ii CXXXIX. CLXXVII. CLXXX. 127 173 177 CLV. 142 CLXXXVi. ISO ' CCXVII. 221 XXII. IS CLXXXV. 179 CLXXXV. 179 • CXCIII. 192 CVI. XIX. 89 16 LXXI. C2 VIII. IL XLVIII. 9 4 37 XXVI. 19 CII. 85 CLXIII. 152 CXIX. ' GXIV. 103 98 CCXI. 215 LXXX. 08 CLXI. 116 LXII. 50 CXLII. 128 1"XI. 93 CLIX. 115 274 INDEX. DOCUMENTS lost by a disaster to the Superintendent of Police — duplieaties of — called for, ... & INFORMATION— Official— Magistrates strictly l)roliibited affordint; — to public Journals without sanction, DOGS — rewards for killinj; — not to be given without sanction of the 8u])erintendcnt of Police, ... DUFKADARS employed by the emigration agents, practising frauds, &c. by means of perwannahs to be brouglit to jnmishment, DUSTOOil — Ool-Amal — copy of any which may be introduced by Magistrates to be sent to Superintendent of Police, JVo. -Pay* LIX. 10 CLI. 13S LVII. 45 CXLI. 12S X. 11 E EDUCATED YOUNG MEN to be encouraged tc enter the Police Service, ... ..: ... ... ... _^— — ;■ Suggests that heads of r^ducational establishments le asked for lists of candidates for employment in the PoUce, lieport called for as to the number of — employed in the Police — suggests the course to be pursued to render them competent, EJECTMENT — cii-culating the judgment of the Supreme Court in a case of, ... ... ... ••• . EMBEZZLEMENT — prescribing rules to prevent — in the accounts of the Magistrates, EMIGRATION AGENTS— Duffadars employed by— practising frauds, &e. by means of perwannahs, to be brought to punish- ment, ... ... ... ... ' ... EMPLOYMENT OF PRISONERS— Suggestions invited as to the — in the repair of roads, ... on public works, ESTABLISHMENTS— Tabular Foi-m to be used in applications for, of Deputy Magistrates and assistants req airing alteration— the proposal to be submitted to Superintendent of Police, EXPENDITURE — quarterly statements of — enjoining the early preparation and submission of, EXTORTED CONFESSIONS— Sir T. Munro's minute on the sub ject of — circulated, EXTORTION OP CONFESSIONS BY THE POLICE— instfuc tions for preventing, EXTRA ESTABLISHMENT not to be kept up without authority beyond six months, CCVl. 211 CCVIII. 213 CCXXVI. 232 CCXXXIII. 244 CXVIII. lul CXLI. 12S LXIII. 51 CXXIII. IU.3 CCVII. 211 CLXXIV. 171 CXCVI. 197 XLVI. 34 CCXXX. 235 XXXVI. 27 FEES not to be ehai-ged to officers of Government for the preparation and execution of any documents by the Law Officer of Govern- ment, ... ... - ... ... ... CCXX. 224 FEMALE RELA.TIONS OF ACCUSED PERSONS— Police offi- cers apprehending — on insuffieient grounds to be pimished, ... CXIII. 07 FERRIES — matters relating to, — to be referred to Superintendent of Police, as they were referred to Commissioner of Circuit, ... XXI. 17 infornuation required as to rate^ of toU, number of boats, efficieuey and man.igement of the, ... ... .... XXIII. IS suggestions for the management of, ... ... CXV. 99 INDEX. 275 FERRY FUXDS — chargeable witli the exj^enses of providing means of tVansit of the pubHc Mail, .... with reference to the amount of — Magistrates required to state what roads they can undertake charge of, quai-terly statement of the balance of — to be fur- nished to the MiUitary Board, calling for a statement of— expended and available at the close of 1842-43, apportionment of the balance of — for 1843-44, . . . • quarterly statements — Magistrates not to send Military Board, ■ a memo, of — on hand to accompany applications for sanction to outlays, disbursements from — without sanction of Govern- ment limited to 1,000 Rs.... COMMITTEES- gible for being members of, -calling for lists of persons eli- te report on the state of, the means of comnumication in districts and on the best mode of improving them, and in the working of the present system^ -to report half yearly of works under construction. the primary object and duties of, - required to afford information of works under construction by them — half yeai'ly, — ' substituting annual submission of statements of works under construction, rules for the guidance of, ANNUAL STATEMENT— what works are to be InclU'ded in, not to forestall their assets and to certify at the foot of every biU submitted for audit, the amount of assets available, — TOLLS — Officers who ai-e exempted from the payment of,. FINES OF POLICE OFFICEllS— a copy of Magistrates' and Ses- sions Judges' orders relative to — to be sent to Superintendent of Police, —^— imposed on Chowkeydars declared to belong to the surplus Chowkeydaree Fund, DEDUCTIONS OR SAVINGS— the creation of funds in public offices from such sources prohibited, Pohce officers not liable to a fine for mere neglect of duty,... Suggestions invited as to impomiding stray cattle and levying —from the owners, ... ... ... . . ■ ' FOREIGNERS— drawing attention to Clause IV. Section VII. Re- gulation III. 1821, regardmg the deportation of, ... FORFEITURE OF LANDS— siuts to procure the— to Government mider Regulation XLIX. of 1793 not to be instituted by Magis- trates without sanction, FORMS OF REPORT— of the result of the enquiry as to the suffici- ency of the security given by officers of the Foujdaree Com-ts, ... OF STATEMENTS. Note and Memorandum for Police Statements No. 18, J Ditto ditto, Ditto ditto addition of the words " by the Darogahs" to be made to Statement No. 18, I of monthly and annual criminal and other statements, requesting early submission of, and in- structions as to their prepai'ation, ... ... ... of Chelan of prisoners from Thannahs, ... m. ^age CXX. 103 CXXVII. 109 LXXVIII. 68 CXXXIII. CLVI. 118 142 CLXXXIX. 186 CCL ■ 20.5 CCXXVII. 232 CIV. 86 1 CLXV. 152 CXLVI. CLVII. 131 143 CLXXIX. 176 CXCIX. CXCV. 202 193 CCIIL 207 CCXXXI. CLXX. 243 167 XVIII. 16 XXXVII. 2S c. LXXII. 84 64 LXXXIV. 72 CCXVII. 221 LXXIV. 65 XXVIII. 21 XL. . XLIV. 30 33 XLVII. CLXVIII. 36 156 CLXXV. CXXX. 172 113 276 INDEX. FORJIS in which the nomination of Darogahs for promotion is to be made, ... ... ... «. ... ■■ of Oaths to be taken by Justices of the Peace under the new Commission of the Peace, .. . FOUJDAliKE DEPAKTMENT— return of the officers of the Cir- cuit I)ci>;irtmeut eniiiloved in the — callc'd for, FUNDS FOR THE REPAIR OF THAJSfXAliS— an account cur- rent of the — callwl for, — UNA UTHORIZED in public offices— the creation of— pro- hibited, not to be retained in deposit, F UTWAHS — copies of all — delivered by Law Officers at the Sessions and of the verdicts of Jurors and Assessors to be furnished to Superintendent of Police, ... GANG EOBBERT — reports of aggravated cases of-^to be' made immediately und then weekly, GOODS STOLEN FROM MALKHANAH— the loss to be borne by the officer in charge, ... GUARDS — Private Servants employed as — watchmen, &c., come within Section 21, Eegulation XII. of 1807 of whom Usts must be fm'nished, ... GOOD BEHAVIOUE — previous conviction no cause for requiring secm-ity foe, ... HEINOUS OFFENCES— Superintendent of Police to be kept in- formed of the progress of proceedings in, ' . . . H HULLODHUR EAIE — eligible for re-employment under Govern- ment, CXXXil. Ill CCXIII. 217 XVII. 10 XXXIX. 29 C. SI COX. 21i LIII. 4.3 XLIX. 39 LXXXVIII. 77 CXC. 1&7 CXCI.T. 190 CCXIX. 223 CII. 85 INJURING PUBLIC PROPEETY— persons guilty of— to be punished, IMPOUNDING STRAY CATTLE— suggestions invited as to— and levying fines from their owners, IMPRISONMENT OF POLICE OFFICERS— a copy of orders oi Magistrates and Sessions Judges relative to — to be sent to Su- perintendent of Police, lEREGULARITIES-o-Magistrates enjoined to avoid in then- judi- cial proceedings — Sessions Judges required to notice such irregu- larities, XCIV. 79 LXXXIV. 72 XVIII. 16 CCXV. 219 JOINT MAGISTRATES AND DEPUTY COLLECTORS not in charge of a sub-division — rxde for making application for leave,... .JUDGMENT — circulating the — of the Supreme Court in a case of ejectment, JUDICIAL PROCEEDINGS— Magistrates enjoined to avoid irre- gularities ih their — Sessions Judges to notice such irregularities, JUSTICE OF THE PEACE— the oath of— must be taken beforr a qualitied officer, ' officers whose names are in the Com- mission of the Peace to qualify themselves as, Oath to be taken by — vmder the new Commission of the Peace, . . . CCIX. 2U CCXXXIII. 24i CCXV: 219 LXXVII. C7 CLXXII. 169 CCXIII. 217 INDEX. 277 KECHtrCK AND BUDDUCK DACOITS— Statements made hx— forwarded with the view to add to the information and to the identification of the parties, DACOITS — Statements made bj' — forwarded with a view to the identification of the offences, and of inducing Magis- trates to make further enquiries, KHASS ME HALS — the same Police Rules to he obeyed in the — as those in private zemlndarees, rules for providing village watch in, KILLING DOGS — reward for — not to be given without sanction of the S uperintendent of Police, JTo. Pat/e CXXVIII. 109 CXXXVII. 125 LXVIII. 57 XCIX. 82 LVII. . 45 LAW officers of Government not to charge public officers any" fees for the preparation and execution of any documents, points of — Remembrancer of Legal afiau-s may furnish Magis- trates with his opinion on, LANDHOLDERS — importance of acquiring the assistance /pf — in the detection and suppression of crimes, LANDS — forfeiture of — Suits to procure the — to Government, tmder Regulation XLIX. of 1793, not to be instituted by Magistrates without sanction, LEAVE — Rule for Assistants to Magistrates and Collectors and Joint M.igistrates making application for, OF ABSENCE — applications of Magistrates and their su- bordinates for — to be made through Superintendent of Police, ... of Magistrates who are also Collectors to be made firstf to the Superintendent of Police, and then to the Commissioners of Revenue, Medical certificates accompanying applica- tions for — to be countersigned by the Medical Board, LISTS required of persons proclaimed since 1835, who on being ap- prehended, have been tried by Commissioners of Circuit, ditto ditto by Sessions Coiu-t, of Thannahs in each district called for, of appointments — dismissal and changes from one place to another of PoHce and Ministerial officers from 1837, to be sent to Superintendent of Police, ... LOCAL AGENCIES — Magistrates to he ex-officio members of, ... M MAGISTRATES— to apply for leave of absence through Superin- tendent of Police, when also Collectors to apply for leave of absence, first through t.lje Superintendent of Police, and then through the Commissioners of Revenue, to keep the Superintendent of Police informed of their or their Subordinates receiving or giving over charge, to send to the Superintendent of Police a copy of all Circular Orders issued to the Police, the orders of— to be sent in certain cases, previously to being circulated, for the Superintendent's ajiproval, prohibited from issuing Circular Orders until drafts of them have been approved, enjoined to visit frequently the interior of their districts, ccxx. 224 ' CCXXI. 225 CLXXXVIII. 184 LXXIV. 65 ■ CCIX. 214 III. 4 III. 5 CCXXXIV. 247 IV. XIV. VI. 5 13 6 VIII. XCVIII. 9 81 III. 4 III. 5 in. 4 X. 11 X. 11 CXLIX. 132 LXII. 50 4 A 278 INDEX. MAOISTRATES to be cx-officio members of local Agencies, . enjoined to watch the proceedings pf Duti'adars em- ployed by Emigration Agents, not to send Militarj' Board the Ferry Fund quar- terly statements, tours in the interior not limited — provision being made for the superintendence of the Jail, enjoined to avoid irregtilarities in their judicial proceedings — Sessions Judges required to notice such in'egulari- ties, ... ... ... •■• _ .•• MAIL — the Ferry Fund chargeable with the expenses of providing moans of transit of the public, MALivHANAH — goods stolen from — the loss to be borne bythe offi- cer in charge of, MALTREATMENT OF PRISONERS— instructions for prevent- ing, ... ■ ... MEDICAL CERTIFICATES accompanying applications for leave to be countersigned by the Medical Board, MENDICANTS, F-SEUDO VAGRANTS— mode of dealing with, ... how Magistrates are authorized to act with regard to, MERITORIOUS POLICE OFFICERS— registers of— Magistrates required to keep and to forward a transcript of each entry to the Superintendent of Police, ... MINISTERIAL OFFICERS— Returns of those dismissed from 1833 required, List of — appointments — dismissals — and changes of — to be sent to Superintendent of Police, report of dismissal of — for confirma- tion to be made to Superintendent of Police, ... ' dismissals and appointments of — to be reported to Superintendent of Police, suspended or dismissed, to appeal to Supermtendent of PoUee within prescribed time, ^ on salaries of not less thar. S Rs dismissed — a report of sueh dismissal called for, travelling allowance to- -former orders regarding — modified, . AND POLICE OFFICERS- -appointment and dis- missal of — to be forwarded monthly, ... MISCONDUCT — officers dismissed for — in one Department not to be employed in another Department, ... MOCHULKAS— taken from individuals in 1836 and 1837, called for by Sir.pel'intendent cf Police, MONEY not to be retained in deposit unnecessarily, ... granted for a specific object, not to be drawn when that object has been provided for, MONTHLY RETURNS, &c. of Moonsitfs not to be transmitted by Burkundauzes where there is a regular Dak, MOONSIFFS — monthly returns, &e. not to be transmitted by Bur- kundauzes where there is a regular Dak, MULLICK BUNDAY ALLEE declared eligible for re-employment under Government, MUNDULS AND RYOTS not to be compelled to keep watch. ... MURDERS AND HOMICIDES— to be included in the monthly comparative statement furnished to Superintendent of PoUee — '■ the place thi;y sliould occupy in it, MUZKOOREE PEONS — proposing a plan of check in the employ- ment of, Ko. XCVIII. 81 CXLI. 128 CLXXXIX. 186 CCXII. 216 CCXV. 219 cxx. 103 LXXXVIII. 77 ccxxx. 233 CCXXXIV. CLIII. 247 140 . CLIV. 140 LXVI. 53 II 4 VIII. 9 VIII. 10 VIII. 10 XXVI. 19 CXIV. 98 CLXXI. 168 XL VIII. 37 CCXI. 215 IX. CCX. 11 214 CCXVI. 220 CLXVII. 134 CLXVII. 154 CXIX. XCVII. 103 80 LI. 43 CL. 135 INDEX. 279 N NATf\'E GENTLEMEN of rank to .be addressed courteously in public documents, PRESSES — callinsf for a return of tbe number of — and of the publications issued therefrom — the return to be annual, o OATHS OF JUSTICES of the peace to be taken under the new Commission of the Peace, ... of the peace must be taken before a quali- fied officer, OFFENCES — heinous — notice of all such to be sent by Darogahs direct to the Su])erintendei)t of Police, OFFICIAL CORRESPONDENCE— Rules for conducting all, ... DOCUMENTS— or information— Magistrates strictly prohibited affording to public JournaK without sanction, COMMUNICATIONS— instructions for rendering- intelligible in themselves without reference to other documents, CORRESPONDENCE— rules for reducing the bulk of — forwarded to Government, OFFICERS OF GOVERNMENT— measures to be adopted in ac- tions btOiught against — in the discharge of their official duties, ... • not to accept compUmentary addresses from those over whom they are placed in authority, . . . -^^ not to be charged any fees by the Law Officers of Government for the preparation and exe- cution of any documents, ... OFFICERS dismissed for misconduct iu one Department not to be emploved in another Department, OMLAH OF MAGISTRAT.ps— travelling allowance to— when on tour, OUT-OFFICES THATCHED— not to be erected within compounds of — or contiguous to public buildings, iVb. Fage cm. 86 CCXXIX. 231 CCXIII 217 LXXVII. 67 XL 11 XVI. li CLI. 138 CXLIIL 128 CC. 203 CXCVIII. 200 CCXVIII. 222 ■ CCXX. 224. CCXI. 215 XXXV. 27 CCXIV. 219 PENSIONS SUPERANNUATION— application for— to be accom- panied by detailed information of the cases, PEONS AT THE THANNAHS— proposing a plan of check in the employment of, ... RETAINED AT EACH THANNAH— returns called for— of the number of, PERIODICAL ACCOUNTS— the early preparation and transmis- sion of — enjoined, ... ... ... ..'. RETURNS OR STATEMENTS— Registers, Nos. 1, 2 and 3 under Regulation III. 1812, to be sent half yearly to Superintendent of Police, ^— — — — ^— - Chowkedaree yearly collections and expenditure, ation and submission of — enjoined. Early prepar- detail of amiual expenditure of surplus collections,.'., or Statements recjuired- Chowkeedaree, 1. Statement pf Crimes, &c. with abstract, 2. Comparative Statement of heinous offences committed within each district, 3. Monthly report of dismissals and appointments of the Police and Ministerial officers, CCV. 210 CL. 135 CXLII. 128 CLXXXVII. ISO VII. 6 XII. 12 XIII. 13 XIL 13 XXXII. 26 280 INDEX. PERIODICAL ACCOUNTS— Murders and homicides to be included in tin;— anil the place they should oee\i|)y in them, STA'rKMENTS — early submission of — required, KKTUliKS— liegisters under Kegulation XXII. of ISIO of Poliee establishments to be prepared annually, I callinrf for the early submission of, REPOETS AND «TATEiMENTS— for the first six months of ISiO called for and the early transmission of such reports enjoined, PERSONAL ATTENDANCE— discretionary with Magistrates to insist on — under Act V. of 1848, I. ditto ditto,... PETITIONS — of appeal from ministerial or police oflScers suspended or dismissed, to be presented to Superintendent of Police witliin prescribed time, .^—^^ of appeal from dismissed poliee Officers should he ac- companied by a copy of tb3 proceedings ordering their dismis- sal. of appeals must'be accompanied by the orders appealed against, PLEADER GOVEENMENT-^rule regarding the appearance of— in Courts, POLICE ADMINISTRATION— Decisions of Sessions Judges in miscellaneous criminal appeal cases affecting the — to be reported to the Superintendent of Poliee, -; Information required regarding the — of each district, -^^— — OFFICERS — Returns of — dismissed from 1835 required, ... List of appointments, dismissals, discharges, of -to be sent to Superintendent of Police, suspended or dismissed, to appeal to Superin- tendent of Police within prescribed time, STATEMENTS — forms of — the memo. accom])anying statement No. 18 should eontiiin all offences set forth in that statement, ... ... ... ... ^ AND MINISTERIAL OFFICERS— appointments and dismissals of — to be forwarded monthly, OFFICERS — Copy of every decision of Magistrates and Sessions Judges in appeal relative to fines and imprisonment to be sent to Superintendent of Police, Second six monthly reports required, OFFICERS — report of dismissal of — for confirmation to be made to Superintendent of Police, ... a]l communieati'Dns hitherto made to Commissioners of Cir- cuit to be made to Superintendent of Police, OFFICERS— calbng for a list of— of all grades, Magistrates required to keep register of meri- torious — iind to forward a transcript of each entry to the Superin- tendent of Police, RULES IN KHASS MEHALS— the same are to be observed as those in private zemindimes, DUTIES — suggestions invited for supplying zemindars with copies of Regulations in tho Vernaculars relating to the performance o,f OFFICERS— liable to dismissal for taking leases of laud from zemindai's witliin their jurisdiction, \ not to be fined for mere neglect of dutv, required to give assistance to officers of the No. LI. XXXIIl. XX. LXIV Page 17 .5.3 LXXV. CG CCXXIV. 230 CCXXVIII. 233 XXVI. 10 CLXI. 14G CXCIV. 193 CCkXIL 226 XV. II. 14 4 VIIL 9 XXVL 19 LIV. 44 XLVIII. 37 XVIII. XXV. 16 19 VIII. 10 XI. LXV. 11 o3 LXVI. 53 LXVIII. 57 Thuggee Department, LXX. LXXI. LXXII. LXXIX. 61 62 64 68 INDEX. 281 POLICE OFFICERS— not to be dismissed on light grounds, ...^ register of inirior pxinishments imposed on — | to be kept when dismissal should be resorted to — Reasons of }- punishments to be recorded, also for selecting dismissed officers I for re-employment, ... ... ... ...J FORCE — persons past the prime of life — ineligible for the -except in special cases, OFFICERS— report called for- of the relationship of— with Sudder Amlah, the course prescribed in futui-e nominations, not to be employed in' making enquiry into the resources of the district without sanction, STATEMENTS— early submission *f— required, L OFFICERS — a furuher list of — not to be re-employed in that capacity, ... keydars wages- List of — not to be re-employed in that capacity, — not to interfere to' procure payment of Chow- -nor to compel munduls and ryots to keep watch, — register of — ^ot to be employed, ... — punishable for apprehending on insufficient gi" ounds — female relations of accused persons, — — list of — who have been dismissed for disqualify- ing offences, __I attention drawn to the rules for the conduct of, RULES — pointing out an omission in the — forwarded with Nizamut Circular Order No. 138, of IGth June IS-13, _i OFFICERS — instructions regarding the treatment of, ... bringing in witnesses or defendants, not to rC' main in attendance at the Cutcheriy, POLICE RETURNS in the vernacular not required, ... AND MINISTERIAL OFFICERS— appeals from— must be accompanied by the orders appealed against, SERTICE-^ncouragement to be held out to educated young men to enter the, report called for as to the number of educated yomio' men employed in the — suggests the course to be pursued to render them competent, ... ... _ ... — Suggests that heads of educational establish- ments be asked for — lists of candidates for employment in the Pohce, RETURNS — additional information to be submitted with, POPULATION — information required as to the extent of — in every district, POWERS — application for vesting assistants with — to be made thro' the Superintendent of Pohce, ditto ditto to be made thi-ough the Nizamut Adawlut, ... PRESSES NATIVE — calling for a return of the number of — and of the publications issued therefrom — tlie retm'n to be annual, ... call for the above information repeated. PREVIOUS CONVICTION no cause for requiring security for good behaviour, PRISONERS— Information called for regarding system of dieting,... EMPLOYMENT OF— at a distance from the Sudder Station prohibited — when necessary to so employ them — a special report to be made, IN THE MOFUSSIL— suggestions invited as to em- ploying — ^in the repairs of roads, the employment of — on public works. PRIVATE SERVANTS employed as guards, watchmen, &c. come within section 21, Reg. XII. of 1807, of whom hsts must be furnished, 4 B JVb. Pcffe LXXX. 68 LXXXII. 72 LXXXIII. 72 XCVI. XC. XCII. CI. XCVII. CXXII. CXXXI. CXXXIV. CXXXV. ■ CLXVI. CLXXXVL CLXXXIV. CXCIV. CCVI. XXXVIII. 80 78 79 85 80 104 CXIIL 97 114 lis 124 153 180 179 193 211 CCXXVI. 232 CCYlll. 213 CCXXXV. 248 29 ' IIP 4 CLXIV. 152 CCXXIX. 234 CCXXXVII. 265 CXCII. 190 XIX. 16 CXLV. 130 LXIII. 51 CXXllI. 105 CXC. 187 282 IKDEX. PEOCEEDS of property of . ■ for conducting official correspondence. for the conduct of Pohce officers,... regarding the appearance of the Government Advocate or his deputies jn Court, and his relation to the Superintendent of Pohce and to the Magistrate, EYOTS AND MUNDULS— not to be compelled to keep watch, ... 283 iVo. Pcfl^ CXVI. 100 Lxxv. m CXXX. 112 LXXXVII. 77 CXXXVI. 125 XCVI. 80 LIi: 43 ' XXIX. 24 XVII. 16 CCXn. 216 ex. 92 LVII. 45 CVII. 91 CXVII. 101 CXL. 127 CIX. 92 CXVI. 100 V. CXXVII. 109 XLII. 32 CXXXIV. 118 OCXXT. 225 XVI. 14 CXXXIV. 118 CCXXII. 226 XCVII. 80 / I :5' SEARCH— Sooi-uthals-plan for preventing witnesses to— bemg tampered with, ^ above order recalled, SECUEITY— given by the officers of the Foujdaree Courts— report of the annual enquiries into the sufficiency of the — to be sent to Superintendent of Police, ... LVin. 46 LXXXV. 76 XXVIII. 21 284 INDEX. SECURITY discretionary with Magistrates to insist on personal ap- pearance under Act V. of 18 18, for purpose of ta^f ing, not to be taken from Police Darogalis, . FOR GOOD BEHAVIOUR— previous conviction no cuuso for requiring, SECURITIES BY PUBLIC OFFICERS— rules for deposit of— and for the payment of interest due thereon, SESSIONS JUDGES — decisions in miscellaneous criminal appeal cases affecting the Police administration, to be reported to the Superintendent of Police, ... ... ... * ... . required to notice irregularities in the judi- cial proceedings of Magistrates, ..: SLAVE GIRLS — register of — strictly prohibited from being kept,'... SPECIAL POWERS — applications for vesting assistants with — to be niade tlirough the Superintendent of Police, «^ ditto ditto to be made thrOugh the Nizamut Adawlut, STATEMENTS — six monthly Police — duplicate copies of — dispensed with, '.'.. the early submission of — called for by Circular Or- der No. 37 of 1838 require'd, • of rewards and of all other charges disbiirsed quar- to. Paye terlv, expenditure requiring the early preparation and sub- mission of quarterly, OP CRIMES — the necessity of bestowing care in classLt'ying crimes in the, ... half yearly — superseded* by annual re- turns. - OF CONVECTIONS AND ACQUITTALS— re- questing the eai-ty submission of, STRAY CATTLE — suggestions invited as to impounding and levy- ing fines from their owners, STYLE OF ADDRESS to be obser\-ed towards Rajah Sutt Chum Ghosaul, Bahadoor, ... ... ... • SUITS to procure the forfeiture of lands to Government under Regu- lation XLIX. of 1793, not to be instituted by Magistrates with- out sanction, ... SUPERANNUATION PENSIONS— applications for to be accom- panied by detailed information of the cases, SUPERINTENDENT OF POLICE for the Lower Provinces- form of address to be adopted by Magistrates, —^ empowered to offer rewai-ds to the esteht of Rs. 560 for the apprehension of offenders — Magis- trates similarlv empowered on emergency, SURPLUS CHOWKEYDAREE FUNDS— before appropriating the — orders of Government to be taken, ... FERRY COLLECTIONS— rules for the appropriation of, -. SWINGING AT THE CHURRUCK POOJAH— infonnation call- ed for as to whether the practice of — is attended with cruelty and whether it is enforced agahist the will of the pai-ties, CCXXVIII. 233 CLXXVII. 173 CXCII. 190 CLXXIII. 109 I. 1 CCXV. 219 CV. 88 III. 4 CLXIV. 1.52 LVI. 45 lyXXVI. 67 ex. 92 CXCVI. 197 CXXIX. 110 CXLVII. 131 CLXXVI. 173 L'XXXTV. 72 CXCI. 189 LXXIV. 65 CCV. 210 XXX 24 CXL. 127 XCIII. 79 CXCV. 193 CCXXXII. 244 TABULAR FORMS — Register of convicts who have broken Jail, or have otherwise effected their escape, ... '■ Register of persons, for the apprehension of — whom proclamations have been issued under the provisions of Regulation IX. ISOS, VII. 7 vn. s ^ INDEX. TABULAE. FOEMS — Eegister of persons chai^d with or suspected of the commission of specific crimes' of a heinous nature who may have eluded the pursuit of justice, 1 ^— — Eeturn of persons apprehended under the provi- sions of Eesjulation III. 1812, ... _ ... Statements of Police and ministerial officers ap- pointed, dismissed or station changed from 1st May, 1837, Annual account current of Chowkeydaree col- lections and disbm-sements, ■ Detail of expenditure annually from the surplus Chowkeydaree collections, Eegister pf PoUce estahhshments under Eegu- lation XXII. of 1816, of abstract statements of the trials held by Sessions Judges, of — to be used in apphcations for estabhshment, __^_-.^_ half yoarly required by Superintendent of Pohce — Sessions Judges required to substitute an annual one, of statement — monthly report of dismissals and appointments of ministerial and Pohce Officers, of statements — the memo, accompanying state- ment No. 18, should contain all offences set forth in that statement, Eegisters of Pohce Officers deserving of promo- tion, Hst of villages,... to 1837, Court, and witness. nation. • Eegister of vUlage watchmen and alphabetical and rules for preparing Thannah reports, ■ statement of dacoities committed from 1830 • ditto ditto 1838 to 1842, ■ of commitments to the sessions of the Supreme • of information and deposition of prosecutor ■ of examination of the accused, • of warrant of commitment for fm-ther exami- ■ Eecognizance to prosecute, • Recognizance to give evidence, ... • Eecognizance of bail, • Wan-ant of final commitment to Supreme . Warrant of Imprisonment, ... .., • Information to require surety to keep the • Warrant to be issued thereon, ... ■ Eecognizance to keep the peace, ... ■ Commitment m. default of security to keep the - Commitment of European British subjects for trial before the Supreme Courts to be supported by dhect proof of their amenabihty to that Court, ... .i. TEKOEAHS AND DAGEES— the practice of keeping under sm-- veillance diuing night to be discontinued, TEMPOEAEY ESTA'BLISHMENTS— previous sanction necessary to the entertainment of, ... ... •.• • ••• . — — _ not to be kept without autho- Court, peace. peace, rity beyond six months. officers prohibited incurring charges on account of — without previous sanction,... 4 c 285 m. Fage VII. 8 VII. 9 VIII. 10 XII. 12 XII. 13 XX. 17 LXIII. CCVIL 32 212 CXLVIII. 132 XL VIII. 87 LIV. U LXVI. 54 LXVII. LXIX. 57 59 CVIII. CXXV. 91 106 CLXII. 146 J) 147 147 J) 147 148 148 149 1) 149 149 J) 150 150 150 151 151 LXI. 49 CXVI. 100 XXXVI. 27 CLII. 138 286 INDEX. TENTS— assistants posted to a sub-division may apply for, . . — single-poled — will be allowed to Magistrates while on duty in the interior, THANN^VH ESTABLISHMICNT— information called for as to the plan adopted to deduct from the bills of, the sums appropriated for the repairs of Thannahs, llEPORTS^to be sent direct to tho Superintendent of Police, repairs of — Sanction of the Superintendent .of PoUce necessary for the, THATCHED — out-offices not to be erected, within compounds of or oontiguous to public building, ... *... THUGGEE DEPARTMENT— Police officers required to give assist- ance to officers of the, TOLL BARS — calling for information as to localities where — may properly and conveniently .be established, . PERRY— Officers who are exempted from the payment' of... TOURS IN THEc INTERFOR— Magistrates— not liinited— provi- sion being made for the superintendence of the Jail, TOWNS — inviting suggestion^ as to the expediency of extending Regulation XX. of ISIG, to large — not Suddcr Stations, TRAVELLING ALLOWANCE TO MINISTERIAL OFFICERS — former order regai'dmg — modified, ... i PoHce Darogahs authorized to draw in certain c^ses, authorized to Deputy Magistrates in charge of Sub-Divisions whilst moving abo-it their jurisdic- tion, to the Amlahs of Magistrates when on torn-, scale of, -to Native Amlahs, writers and clerka, CLXXXJ. 178 LXXXVI. 70 XCV. 80 LXIX. 59 LXXXI. 71 CCXIV. 219 LXXIX. 08 CCXXV. 231 CLXX. 107 CCXII. 210 'Cxxi. lai CLXXI. 108 CLXXX. 177 CXCIII. 192 XXXV. 27 LX. 40 u UNCOVENANTED OFFICERS— representations from— relating to their services to be forwarded direct to Government, — _ apphcation from — for super- annuation pensions to be accompanied by detailed information of their cases, LXXXVII. 77 CCV. 210 VAGRANTS, PSELTDO MENDICANTS, mode of dealing with, ... , , , how Magistrates are au- thorized to act with regard to, to be made to return to their own places of residence,... _^^— calling attention to rule in Regulation XX. of 1817 and III. of 182J, ... VERNACULAR POLICE returns not requiied, VILLAGERS not to be compelled to keep watch, VILLAGE WATCHMEN-^agistrates required to see the provi- sions of Seclion 21, Regulation XX. of 1S17 duly enforced. How enquiries regarding — are to be made, and with what pre- cautions, CLIII. 140 CLIV. 140 CXLIV. 130 CLXIX. 165 CLXXXIV. 179 LXI. 49 LXVU. 54 IXDEX. 287 w ^0. Page WARRANTS FOR APPREHENSION OF CRIMINALS— coun- terparts of — issued to be sent to Superintendent of Police, ... VII. 6 revisedformsof Commitment to the Supreme Coui-t, ... CLVIII. 144> of commitment to the Sessions of the Supreme Court, CLXII. 146 WITNESSES OR DEPENDANTS— Police officers bringing in— not to remain in attendance at the Cutcherry, ... ... CLXXXVI. 180 WATCHMEN — private servants employed as guards — come within Section 21, Regulation XII. of 1S07, of wliom lists must be furnished, ... ... ... ... ... CXC. 187 ^ APPENDIX. LIST OF PAPERS IN THE APPENDIX. EULES for the giiidauce of Deputy Magistrates and Assistants in charge of Sub-Divisions, ... , NOTIFICATION of the 12th March, 1845, regarding the improvmenfc of the Police and employment of Assistants and Deputy Magistrates, RULES for grant of leave of absence to Native Doctors attached to Civil stations, ... ... ... ... NOTIFICATION of 17th February, 1854,- for granting travelling allowance to Native Doctors, , ... RULES for the control, management? and conduct of the Road P slice on tb^ grand trunk road, LIST of Thaunahs through which th(? grand trunk road passes, RULES for the control, management, and conduct of the Police on the Jugger- nath Road, LIST of Thannahs through which the Juggemath Road passes, NOTlt'ICATION of 10th January, 18i9, containing rule for drawing allowitoees for oflSce estabUshments, ... ' ... RULES for the management of charitable Dispensaries, RULE for granting allowance to Jail Burkundazes, • ... LIST of Thannahs in each District of the several Divisions in the Bengal Presidency, showing also those Thannahs which are attached to Sub-Divisions, LIST of Sub-Divisions in the Bengal Presidency with the Thannahs and Chow- keys in each, .. . CONTINGENT CHARGES and the orders under which the several descriptions may be inciured and passed, PENSION RULES of the 4th January, 1831, with Notes, and Precedents and orders tearing thereon, Page EXTEACTS FEOir THE Hon'bLE CoUBt's DeSPATICKES. PENSION to Ml-. Vans EisteU, EXTENDING the pension Rules of 1831, to the officers of the Education Department,"... PERMITTING servants, who have completed thirty-five years service, to retire on half of average pay of last five years without producing a medical certi- ficate, PENSIONS to officers of the Survey Department, PENSIONS to Engineers, ... ... ... ... " ... ib. ih. XIV xvi xvii ib. xvui xxvui xh ih. ib. xlii ib. APPENDIX. Rules for the Guidance of Deputy Magistj-ates and Assistants in Charge of Sub- a divisions. ' Officers exercising the full powers of a Magistr.ote. 1. After assuming charge of their 'Sub-Di\dsions, De.puty Magistrates and Assist- Reports, petitions ants will hear and pass orders O'j all reports which may be submitted by the Police, ^"'^ '^^^^^^ c&ses. receiving petitions from the inhabitants -ndthin their jurisdiction, and deciding, or com- mitting aU cases brought before them, excepting such 3s the Magistrates may think proper to call for and decide themselves. As the Deputies and Assistants will have been vested with the full powers of a Magistrate, it is unnecessary to lay do\vn any special rules for their guidance as judicial officiers. It will he sufficient to enjoin upoil'them a strict adherence to the Government Regulations and the Rules and Orders of the Count of Sudder Nizamui and of the Superintendent of Police Lower Provinces. " 2. As the great object ot stationing officers in 'the interior of Districts is to relieve the Not to detain par- inhabitants within their Divisionis from the delays and iuconveuiences to which they are ^^^^-^ j^ i,^ accessible now subject in their applications to station courts ; and secondly, to secure a more efFec- *° "^^Vi^^h- '^^ ™T^ tual control, than has hitherto been possiljle, over the Police employed in distant Than- the maintenance of nahs, the Deputies and Assistants are particularly enjoined to avoid all unnecessary de- tention of parties in suits before them, to render themselves freely accessible to people of all classes, to listen to their communications with temper and consideration, and during the dry weather to be as much as possible upon the move, visiting the Thannahs under them, investigating serious oft'ences on the spot where they occur. Acquiring every possible information from every available source, as to the characters of the Police officers and the landholders, or middlemen of the Sub-Division — ferreting out receivers of stolen property and such parties as make a practice of harbouring robbers, and generally (after consultation, if necessary, with the Magistrate,) taking such measures as may appear most advisable for the suppression of crime and the maintenance of peace and good order. 3. On the occurrence of any heinous offence, they will report the circumstances Heinous offences to to the ^lagistrate either in English, or in the Vernacular, as they may find most con- ^"^'^^ ""^ ' *. . veiaent, and will keep that ofiicer weekly informed of the progress arid result of their proceedings for the ftpprehension and conviction of the parties concerned, paying due regard to any instructions which they may receive from him. The Magistrate will a ' 11 APPENDIX. forward copies of these reports to the Superintendent of Police Lower Provinces, \»ith as little delay as possible. Measures to be 4., J,, cases of murder, homicide, or unnaturat death, accompanied with suspicious taki'ii ill cases of vio- lent death, or wound- circumstances ; as also in cases of severe w oinidnig, the corpse, or wounded person, "'^* will be forwarded by the Police, as soon as the customary " Sooruthal" has Ijecn re- corded, to the officer in charge of the Sub-Division, should his Station be in the direct line between the place where the investigation is going on aiul the Suddcr Sta- tion of the Magistrate. The Deputy, or Assistant, affcr inspecting the corpse, or To inspect the wouudcd person, as the case may be, will lose no time in sending the same on to the vJv^li "" ""'""^'■''^ Sudd^r Station for examination by the Civil Surgeon. But, should the Deputy or When absent from Assistant bc absent from the subordinate Station when tlie corpse or wounded person arrives there, or should his Station be out of the direct line, the corpse, or woimded person, shall be forwarded on. to the Sudder Station, without awaiting the return of the aljove officer. The Civil Surgeon's report wilj be addressed to the officer in charge of the Sub-Dinsion who, whenever such may be necessarj', will request the [Magistrate at the Sudder Stdcion to take the deposition of the Medical officer and furnish him with a copy thereof, in order to enable him to judge as to tne propriety of making further enquiiies, and to assist him in drawing up the Calendar of Com- mitment. Wien subordinate 5. Deputies," subordinate to two or more ^Magistrates, will use their own discretion, o t«o agistrates. ^^ ^^ piiority in the execution of ordei-s simultaneov.sly received from different superiors. Correspondence with 6. The Deputy ^lagisti'ates will invariably correspo-id with tlic superior authorities supcrioi au loii les. ^jjj.Q^jg|j ^j^g ^lagistrates to whom they are subordinate, except in cases of emergency, where delay would be mischievous, or highly inconvenient. . Statements. 7. The Monthly Statements of work disposed of and pending must be despatched by the Deputy ^Magistrates and Assistants on or before, the 5th of each month, and the Yearly Statements not later than the 10th of January. On each ^lonthly State- ment the subordinate officers will make a note of the number of times, during the mouth, on which they have proceeded on duty into the intei'ior, and the number of days they have on that account been absent from their Stations. Custody of pri- 8. Such parties as the Deputies or Assistants may sentence to simple imprisonment, Wlien sentenced to ^ot exceeding one month, will be retained in custody in the place set apai-t for such fo^one nSr"""'"' V^^^"^^ at the' head quarters of the Sub-Dirision. Wlicn exceeding 9. Prisoners whose sentences may exceed one month, together with all prisoners Or for *any period sc'itcnced to hard labor, and prisouei-s committed to the Sessions, should be foi-warded vnth Ubor. to the Sudder Station under a guard of Bui-kimdazes, as often as may' be practicable; but never less seldom than once a week, and care should be taken to transmit along with them, their \\'arrauts, and the Calendars of Commitment, together with such other papers, as may be necessary. ■ The term of imprisonment of prisoners sent to the Sudder Station will be calculated from the date of sentence. Fines, deposits, &c. 10. By the same opportunity the subordinate officers will "remit such sums as they may have received on accoimt of fines, deposits, sale of unclaimed property, kc, transmitting along with them copies of their AVeekly Cash Account, which must "ive APPEXDIX. lU clearly the different heads of receipts. Deposits on account of diet money of witnesses need not be remitted to the Sudder Station, the imexpended balances of the same being repayable, according to law/ on the decision of each case, to the Deposi- tors. 11. All refunds of fines, deposits, (\yith the above exception,) &c., will be made from the Magistrate's Treasury, on receipt of a Roobukaree from the Deputy Magis- trates, or Assistants, who are strictly prohibited from making any refunds themselves, or any disbursements, except such as may have been sanctioned by the ^Magistrate, or the superior authorities. 12., The records of such cases, as may have been finally disposed of, shoujd be forwarded to the ^Magistrate's Office on the 1st January of each year, arranged in bundles according to the Thannah and the natiu-e of the offence, and accompanied by a clearly arranged catalogue. 13. Should the Deputy' Magistrates, or Assistants, see reason to believe that any one of their Amlah, or any Darogah, ^lohurrir, or Jemadar has been guilty of mis- conduct, or is otherwise incapacitated, so as to render necessary his removal from office, they will report the circumstances through the ^lagistrate to the Superintendent of Police, and forward the papers of the case, together with their opinion for fiual orders, suspending such officer on their own responsibility, should such a measure appear ad\isable. 14. The dismissal of Burkundazes, Chowkeydars and Goraits, as also the appoint- ment of Bm'kundazes and the canfirmation of Chowkeydars and Goraits nominated by the Zemindars, rests entirely with the Deputy ^lagistrates or Assistants, subject, of com'se, to an appeal in the case of the former to the Superintendent of Police, and in that of the latter to the Magistrate. The Assistants or Deputies will, however, furnish the ^Magistrate with a, Monthly Statement of Burkundazes, Chowkeydars and Goraits dismissed by them, specifyiug in each instance the nature of the offence. Should liis offence be such as to render the re-employment of any Burkundaz, im- proper, the Deputies or Assistants will forward the papers through the Magistrate to the Superintendent of Police, for the necessary orders. 15. A similar Statement of Police Officers punished by fine or suspension from office ■nill accompany the above. 16. The Deputy I\Iagistrates, or Assistants, will be careful to issue no " Dustoor- ul-umm\d," or Cu-cular Orders of a general nature to the Police, without the approval of the ^lagistrate and the Superintendent of Police. 17. On a vacJincy occurring in the ilinisterial Establishment, or in any of the higher grades of the Police (Thannadar, Mohurrir, or Jemadar) the Deputy Magistrates, or Assistants, will nominate the candidate whom they may think most capable, giving the preference on all occasions to subordinates who may in any way have distinguished themselves. They will then take the deposition of their nominee in o^jen Cutcherry, as to his residence, former employment, with dates, fact of removal from any appoint- ment, with cause thereof, relationship or connection vnth any residents iu the Division, or witli any of the Amlah in the District offices. This Statement, the Deputies, ,or Eefunds. Records. Dismissal of Police and ministered otH- Wlien orders of Supdt. of Police sliould be taken. Dismissal of subor- dinate Police officers. Statements of such, And of officers pu- nished. Circidar Orders. Appointments o Police and ministerial otficers. iv APPENDIX. Stntenient to be Assistants, will forward with their nomination in the ordinary form, for the approval HcHornp'prmrL ^'"' of thc Magistrate and the Superintendent of Police. Registors nml 18- Thc Deputies or Assistants will kccp in thoir office at all times ready for the books. ;Magistrate's inspection, the following JJooks and llcgisters, the headings of which will be fui-nished to them from the Magistrate's ofiBce. English and Vunia- English and Veknacular. 1 Register of Hajjut and Bail cases pending. ,. luliu-. 1 Do. of Miscellaneous and Burawurda ditto. 1 Y)o. of Act IV. of 1810 cases ditto. Of cases pending. The Deputies will take care, that the eases arc entered in these on the day of their institution, and they will write thc decision at the time of its delivery in their own liand. 1 Register of "fines. Of fines. This they ^viU keep open on their table, and luU e;iter th6 fines, as they pronounce the order. They will take care that all fines are paid in their own presence, and will enter the receipt at the momtiit under the proper ^heading. In forwarding to the station prisoners, who may be sentenced to imprisonment with fine in lieu of labor, or in lieu of an additional terra of imprisonment, the Deputies will always send with them au abstract from the fine book, in order that these fines, which will then Ije payable at the Sudder Station, may be duly entered in the books of the Magistrate's Office. Of Police officers' 1 Book of Police Officei-s' good conduct. '^'""'"'='- 1 Ditto ditto bad ditto. In these books the Deputies will note every occasion on which a Police Officer may distinguish himself, and every instance in which he may be fined, suspended, or reprimanded. , DaUy account cur- 1 Book of Daily Receipts and Disbursements. •"^'"t- This book must never be allowed to fall ijito arrears and from this will be made Must not be m arreai-s. out the Weekly Cash Accounts for transmission to the Magistrate. Of Parties who j Register of parties who have eluded the pursuit of justice. have eluded justice, o i or broken jail. 1 Register of prisoners who have broken jail. Books to be care- These books must be carefully kept and measures should be taken by the Deputies fully kept. every now and then to 'ascertain whether the parties have returned to their houses, or to what part of tlie country they have made theii' escape. Notice of the escape of these parties must always be given to the ^lagistrate of the District, in order that the names of the fugitives may be entered in the books of his office. ' 1 Book of Calendars of Commitment. Vernacular. Vernacular. 1 Copy Book of Purwannas. 1 Ditto of Summons and Dustucks, &c. 1 Register.of Petitions. 1 Ditto of Ihanuah Reports. APPENDIX. 1 Copy Book of Roobukarees. 4 Kecord-keeper's Registers of C?,ses according to ilr. Robinson's plan. 1 Daily Register of parties in attendance according to the orders of S udder Nizamut. 1 Register of Subsistence money paid to witnesses by Government. 1 Ditto ditto deposited by parties to suits. Tiiis money the Deputies or Assistants will invariably see paid in their own pre- sence, and will send a detailed Statement of sums paid to each Witness, on account of Government, to the ^lagistrate monthly, i. e. on the 1st of each month, in order that it may be included in the Contingent Bills of the office. Occasional sums of money, not exceeding 100 Rupees at' a time, will be sent to the Deputies by the ^Magistrates, to enable them to make these disbursements, which, however, if the Sadder Court's orders for the prompt disposal of cases' are properly acted up to, ought to be of rare occurrence. > 2 Registers of vmclaimed and other property. ' * In these the Deputies or Assistants will include all pro?»erty, which may be forward- ed to their 'Com-t, whether stolen, suspicious, unclaimed, or left by persons dying intestate. The latter kind of property will be forwarded weekly through the ]Magis- trate to the Q'lwil Court. J 1 Register of Chowkeedars. This Register must be very carefiijly kept up — the removal of a Chowkeedar and the name of his successor being noted as soon after the order is given, as possible. The Deputies or Assistants (rill take every opportunity also on \isiting their Thannahs, of assembling the Chowkeedars and testing its correctness — weeding the force at the same time of all men, who may appear incapable of the active performance of their duties and ascertaining that the whole have been regulaiy paid. 1 Book of prisoners' rations. The rations of the prisoners and persons under trial in " Hajjut Tujveez" wiUbe furnished, whenever practicable, by the JaU ]\Ioodee, who will keep an agent at the out-station for tlais purpose and will receive payment from the ^Magistrate's Treasury on production of the Deputies' vouchers, specifying the daily number of prisoners in confinement. These vouchers may be in the Vernacidar, but the Deputies will super- scribe them in their own handwriting with the number of prisoners and irill attach their initials thereto. On the 1st of each month they will forwar^l a list in the ^'cr- nacular of prisoners in confinement on each day of the month, for comparison with the vouchers. » 18. At the same time, the Deputies -n-ill furnish the ^Magistrates with a ;Memoran- dum in the Vernacular, shewing the number of prisoners in confinement, or in tran- sit on the last day of the precechng month, as also, the number of escapes and deaths. These memoraiida will be entered by the :Magi3trates at the foot oL their MoutlUy Statements of prisonjrs and casualties, forwarded to Government. Disbursements. Unclaimed other property. and Of Cliowkeydars. Prisoners' rations. Memo, of prisoners . CMe3. Vl APPENDIX. Rules for Deptity Marjislrates and Assistants in Charr/fi of Su/ii/it-i.^ions and En-rcis- ing the Powers described in Clause .'i, Section II., Rer/ulation J 1 1., 1821. Reports and petty J 9. Officers exercising the above powers at out-stations, will hear and pass orders on all Reports from the Thannah under them. Ail cases of a heinous nature, such as Heinous offencee. muidcr, dacoity, aggravated burglary, or serious affray, must be immediately reported to the Magistrate, but the subordinate officers will at tiie same time pass such orders as may be necessary, and proceed tliemselves to the scene of the crime wlicn practi- cable, for the purpose of carrying on the requisite inquiries, without waiting the Magistrate's instructions. On rccci\-ing these latter, they will of course be gv.ided accordingly. Slinor offences be- oQ. The Subordinate officers will proceed to take endence in all cases of felonv. Tond tlie olncers com- ^ _ * _ , _ • ' petenoe. or misdemeanor, which though beyond their competence to decide, may be unattend- ed with aggravati,ng circumstances ; such as simple theft of property exceeding 50 Rupees in value, simple burglaiT, and the like. Where the subordinate officers may consider the charges not proved, they will dismiss the parties, with the exception of defendants, whom they will retain on bail, until the receipt of the Magistrate's ordei-s for the discharge of the defendants, or for their transmission to be tried before him. "Where the subordinate officers may consider the charges proved, they will at once forward the prisoner, together with the papers, to their superiors. The latter arrange- ment will also apply to prisoners triable under Act III. of 1841:, and wLo can only be sentenced to suffer corporal punishment by an oflScer exercising the powers of a Magistrate. No. 452. Notification of 12th Orders hy the Riylit Sotihle the Governor of Bengal. Miirch, 1845. -kt Notification. Fort William, the I2th March, 1845. The following correspondence is published for the iuformation of the officers in the Judicial Department. . • , No. 250. To G. A. BusHBY, Esq. Secretary to the Oovernment of India, Sir, Home Department. Views of Govt, in I am directed by the Governor of Bengal to acknowledge the receipt of your letter menr'of'Ass7stL"tsi No. 52, of the 18th ultimo, giving cover to a copy of the despatch dated 21st August, 1844, and Deputy .Vagis- frg^ the Hon'ble the Court of Directors, on the subject of reforming the Mofiissil PoUce, as trates. recommended by the Police Committee in 1838. 2iul. The suggestions of the Committee to which the Court give their 'assent, and jvhich they desire to see immediately adopted and acted upon, are : — , First. — That tlje actual condition of the vilUige Chowkeydaree Police should be investigated and their efficiency secured by a judicious apphcation of the means successfully employed by Mr. Bayley, when Magistrate of Burdwan, as reported in his letter of the 12th December, ISll. APPENDIX. vn ' Second. — That the salaries of the Darogahs be raised to 30, 75 and 100 Rupees per mensem ; and that measures be taken to protect them against ill treatment and from capricious pimish- ment and removal. Third. — That the proceedings of Magistrates and of the Police be simplified and ab- breviated. Fourth. — That the Deputy Magistrates and also the junior covenanted Civil Servants be placed in charge of convenient circles of Police, and located for that purpose in the Mofussil in the centre of their respective jtirisdictions. 3rd. In order to secure as far as possible the first of these objects, the instructions of the > Hon'Jjle Court as weU as the letter of Mr. Bayley, of 1811, and the other papers referred to in the present dispatch, will be transmitted to the Superintendent of Police, who will be directed to call upon the Magistrates, or such of them as he may judge best fitted to undertake the duty, to enquire into and ascertain the"'condition of the Chowkeydars in their respective ZiUahs, to use their best encJeavom's to improve their efficiency and organization, and to report at the conclusion of a year or at the close of 184-3, the results ot their proJeedings. 4th. With regard to the second recommendation, too e-»rly occasion cannot, in the Go- vernor's opinion, be taken to assign to the Darogahs of Police, salaries more suited to their position and duties than the very Inadequate wages now allowed to them. His excellency would therefore earnestly solicit the permission of the Supreme Grovernment to the Immediate raising of these salaries to Rs. 50, Rs. 75 and Rs. 100 per mensem, In the jn-oportlon recom- mended by the Committee and approved by the Hon'ble Court. 5th. As the report of that Committee only referred to the Regulation Districts, whilst the partial introduction of this mcJre liberal system under the orders of 31st May, 1843, has been extended to the Non-Regulation Provinces, the Increase of charge on this account wiU not be Rs. 1,91,400 per annum, as computed by the Committee, but Rupees 2,13,871-9, or In round numbers, Rs. 1,40,000 more than the cost of the establishment of Darogahs, ah-eady sanctioned under the orders referred to above. 6th. The wishes of the Hon'ble Court In regard to the better treatment of Police Officers have in a great measure been anticipated by an order prohibiting the dismissal of Darogahs of the higher grades, without previous reference to Government in each case. As respects subordinate Police men, it Is part of the Superintendent's duty to give redress to such amongst them, as have been harshly or unjustly dealt with. A copy however of the Hon'ble Court's observations on the subject "(vill be transmitted to the Superintendent, with dh-ectlons to inculcate their purport stronglj' upon the Magistrates. , ■ . 7th. The simplification of Police and Magisterial proceedings has also been partially accom- pUshed, as will be observed on reference to the papers* «oted in the margin. But much • p^ 29th May remains to be done, and the Governor is strongly disposed to think that the present system of 1813, Nos. 9 to 12. allowing appeals in nearly a,!! cases must be greatly modified, if not altogether changed. On this point however, his excellency will further communicate his views after consulting with the Sudder Court, the Superintendent of Police and the Magistrates, 8th, The Governor is fuUy prepared to a<;t upon the suggestions of the Hon'ble Court in regard to the deputation into the interior of their Districts of such of the D«;puty Magistrates 9^ are by this time fit iar Increased responslblhty, and such of the junior covenanted otHoere as can be spared from Revenue duties or from other occupations in the Sudder Stations. 9th. Of the latter officers his excellency would be able to employ in this manner not fewer than ten, and probably six of the former, perhaps in all sixteen to twenty officers might be ^ Viii APPENDIX. deputed into the interior in the manner suggested by the Hon'ble Court : and as the measuro would in liis excellency's opinion, be most beneficial, a^d ia indeed essential to an impro/ement of the Police and Criminal administration, which now suffers greatlj' from the over-weaning extent of such Magistrate's jurisdiction, I am directed to state that no time will be lost in carrying it into execution to as large an extent as practicable. 10th. But it will, his excellency bids me observe, be necessarj- to increase the number of these officers ; and while the success which has attended their employment, so far as the experi- ment has yet been made, is quite sufficient to warrant its extension, the further improvement of the Police in the manner now proposed, renders it indis[)ensable that a larger number of Deputaes than the present complement should be at the disposal of the local Government^ 11th. The number of Thamiahs in the Regulation Provinces is stated at 441 in .32 Di.^tricts. When the new system is complete, his excellency would look to having four or live Thannalis under each assistant or Deputy Magistrate, the Zillah Magistrate having also especial charge of about the same number in the vicinity of the Sudder Station. Taking the number of Covenanted AssistanVs who could be employed in this manner at ten, and this will probably be found to exceed rather thac fall short of the truth, this will require lull fifty Deputy- Magistrates to complete the plan or four times the number yet appointed. Thi* number will of course be only gradually made up, and for the present his excellency would solicit sanction to the appointment of an additional number not exceeding twelve, not however to be at once appointed, but by degrees, as each one of the present Deputies, having learned his business at the Sudder Station, may be deputed into the Mofussil. 12th. This, as already stated, will not for the present extend to more than'six, but as the remaining six ai'e fitted for increased responsibility, and s6nt into the interior, his excellency would desire to be able to supply their places at the Sudder Stations without loss of time, so that the candidates may there, like their predecessors, aequii'e the elements of their busmess, and afterwards be sent like them into the Mofussil, when they may be found sufficiently qualified. So long as these officers are detained on probation at the Sudder Station, his excellency would propose, in pi-eference to the present system of putting them at once on the s;dary of 400 Es. a month, that they shoidd be restricted to 200 Es. a month, and oidy * Since reduced to allowed 400* when deputed into the interior. 350 by order of the 13th. Looking at the disadvantages of climate and position, which wiU often, or generally CoiiTt of Directors. . ^ . attend these deputations, his excellency would propose, after carelully ascertaining fit locations, to budd at each, a commodious residence, suited for the dwelling of the Deputy or Assistant, and afibrtling' space also for his office, and for the accommodation of the Zillah Magistrate on his circuits. For it need scarcely be said that a frequent visit of inspection by the Zillah Magistrate must form an important part of the new system. 14th. The cost of these buildings, of which the Governor would propose to erect at present, sixteen will not probably be less than 2,000 Es. each : but this expence seems to his excellency to be absolutely necessary under the cu-cumstances of the case. loth. It will also be necessary to allow a small establishment to each officer deputed into the interior upon the scale noted in the margin ;* and for this also I am directed to solicit the sanctioi. of the Supreme Go- vernment. Total, Es. 90 I have, &c. (Signed) F. J. Halliday, Fort WtUiam, the oth J chruary, 1S45. Secretary to the Government of Bengal. * lleer Moonshee per mensem, ... ..^Es. 50 Mohurrii', ... ^... 15 2iid Mohiirrir, ... 10 Two C'liupra.'sies, 8 Stationery, ic. ... 7 APPENDIX. IX Xo. 12^ From G. A. BrsnBT, Esq. Secretary to tlie Government of India. To F. J. Hallidat, Esq. Secretary to the Government of Bengal. Dated the loth February, 1845. SlE, I am directed to acknowjedge tlie receipt of your letter No. 2.30, dated the 5tli instant, and to acquaint you that the Grovernor General in Council, having fully considered the pro- positions therein contained, is pleased to authorize the salaries of the Darogahs of Police in the Bengal Division of the Pre^dency of Fort Williani, to be raised to 50, 75 and 100 Rs. a month, in the proportion of 50 Darogahs to 100 Rupees per mensem, 100 Darogahs to Rs. 75 per mensem and the remainder to Rupees? 50 in the Non-Regulation Provinces as well as in the Regulation Districts, by which the annual increase of 'charge on this account will be Rupees 2,13,871-9-0, or in round faumbers Rupees 1,40,000 more than the sum computed by the Police Committee in 1838, (Rs. 1,91,400.) The Governor General in Council desu-es to have an abstract of the distributioif of this increase, shewing the total number of Darogahs in 183S, and the espence, with the total number in classes and salaries under the new organization. 2nd. The Governor General in Coimeil, for the reasons urged, is further pleased to sanc- tion tte number of Deputy Magistrates imder Act XV. of 1843, to be increased by the gradual appointment to that office of the most eligible candidates, to the extent of twelve, as the pre- sent Deputy Magistrates are found /uUy qualified for their duties, and deputed into the interior of Districts. The new appoinxtnents will, as proposec^^ be made at Rs. 200 a month, while the officer is acquiring a knowledge of bis business at the Sudder Station, to be raised to Rupees 400* when deputed into the interior Home Department. Judicial. * Since reduced to 3rd. The establishment recommended for each Junior Covenanted Assistant and Deputy ^f Directors. Es. 50 Magistrate exercising his functions in the Mo- fussU, appears proper, and is sanctioned as per scale on the margin,t at a monthly charge of Rupees 90. The Governor General in Coun- cil also approves of the intention of the Right + Meer Moonshee per month, Mohmrir, ... 2nd Mohurrir, ... Two Chupprassies, ... Stationery, &c. ... Total, ... 15 ... 10 8 ... 7 , Es. 90 Hon'ble the Governor of Bengal to authorize 16 suitable buildings to be erected in fit locali- ties for the accommodation of the Junior Covenanted Assistants in charge of T^hannahs, and the Deputy Magistrates and their offices, and also for the reception ot the Magistrate on his tours of inspection, at a cost not exceeding Rs. 2,000 each. i I have, &c. Council Chamber, the \5th February, 1843. (Signed) G. A. Bushbx, Secretary to the Government of India. By order of the Eight Hon'hle the Governor of Bengal, (Signed) F. J. Hallidat, ' Secretary to the Government oj Bengal. Cert ' X APPENDIX. V Native Doctors. Rules for the grant of Leave of Absrnm to Native Doctors attached to Civil Stations passed by Government on the IQth December, 1852 {Xos. 2'J to 31.) • Miigt. tan give Evcry Magistrate is empowered, on the recommendation of the Cinl Surgeon, and or^iivat^e ailuiM.""'' without reference to Government, to grant leave of absence to any Native Doctor attached to a Station or Sub-Division subordinate to him, for any period not exceeding One year on Medl. six months, ou private affairs, and not exceeding one year, on account of sickness dulv certified. Application for 2. Application for leave of absence is to be made by the Native Doctor to the e«>c WW o L ma t. ^.^^ gurgcon of the District, who, if he thiak proper, may refuse the application. If, on the other hand, the Civil Surgeon is of opinion that the leave, or any part of it, should be granted, he xvill forward it to the ^lagistrate of the District, enclosed in a letter from himself, stating the cause of the application and the grounds of his recommendation. The JMagistrate may refuse to give leave on private affairs if it cannot be granted with- out public inconvc'iiienee. Leave granted by a Magistrate under this rule is to be re- ported to the Su'perintendingtSiu'gcon of the Division. Deduction of salary 3. A Native Doctor absent from his Station on leave, from whatever 'cause, shall " ' suffer, during the period of his absence, a deduction of so much of his salary, not being less than one-half, as may be requisite to procure the services of an efficient substitute. locum tenens. -i. If the absence of a Native Doctor require that provision should be made for the discharge of his duty during his absence, or if a vacancy occur in any other way, the ^Magistrate will apply to the Superintending Surgeon for the appointment of a person to fill the situation either temporarily or permanen/ly as the case may be, and the Superintending Surgeon, or, if necessary, the iledical Board, is hereby authorized to comply with such application. Notification dated 17 th February,. 1854:. The following rule, on the subject of allowances to Native Doctors is published for general information. Travelling aUow- The orders of Government dated respectively the 29th August, 1839,* and 30th tors. Julyj 1845,t under which ministerial officers are entitled to ti-aveUing allowance when * C. O. No. LX. on duty in the interior of their Districts, and when required to accompany their CLXXI. ' ' superiors by Dawk, ai'e extended to Native Doctors in civil emplov. Tmnk Eoad Po- Rules for the Control, Management and Conduct of the Road Police on the Grand '''■«' ^"^••"^- Trunk Road. Control. 1 . The Magistrates, Assistants and Deputy ^Magistrates, through whose jurisdictions the Grand Trunk Road passes, have the supenisiou and control of the Scad Police within the limits of their respective jurisdictions. Visits to the Eoad 2. The Deputy 3Iagistrates and Assistants in Sub-dirisions on the road are and'tUeiToeputies". '' required to visit the Road PoKce posts at least twice in every month, especially during the period between the 15th of October and the 20th of June. The Magistrates of Districts, if imable from other business to ^■isit the road, will depute their Assistants or other competent Officers for that purpose. APPENDIX. XI 3. The Magistrates, Assistants and Deputy Magistrates will take care that their lutv Ad subordinates prevent all obstruction on the ifkd, by the stopping of carts, trucks or carriages. At the halting places,'and elsewhere, carts and other carriages stopping ai'e to be carefully di-awu to one side of the road, and the centre kept sufficiently free to admit of two carriages at least passing abreast. 4. Each Station Jemadar has the immediate charge and control of the Sowai-s, Biu'kundazes and Cliowkeydars -svithin his beat. 5. The Bui-kundaz at each, MurheUa shall require and cause the two Cliowkeydars under him to patrol the road before day-break East and West until they meet the Chowkeydars of the adjacent IMurhella, and then return to their post, reporting, what they may have seen, or what* has occm-red. This patrol wiU be repeated during the day, again in the evening after sunset, and dming the night. Tlie INIagistrates, Assistants and Deputy ^lagistratcs will regulate the hoiij-s for patrol accordmg to the season of the year. Nothing in this Rule, however, shall be considered to diminish the responsibility of the Police in respect of any occurrence taking place at any time whatever. , ' 6. The bowars will patrol East and West of the Station House to the hmits of their jurisdiction. They will see that the Burkundazes and Chowkeydars are at their posts, and have performed, or are performing their patrol ; and they will report all cu'cumstances to the Jemadar on their retiu'n. 7. The Jemadar himself will frequently visit the different posts under his charge, and he wlU be held responsible if he fails to ascertain and report any neglect or miscon- duct on the part of his subordinates. > 8. In ease of the death by sickness or otherwise in any Chuttee, or on the road, of any traveller' who may have no companions to take charge of his property, the Burkmidaz of the nearest ilurhella shaU transmit the same at once to the Jemadar, who will forward it with a report of the cii'cumstances to his superior. 9. In the case of any suspicious death, or of any corpse being found on the road, the body shall be, if possible, sent to the head-quarters of the Station or sub-division for !MecUcal examination. The Jemadar is to proceed to the spot and send notice to the Jemadars East and West, mth a description of the person ; and the Police shall use every endeavour to ascertain by whom the deceased was last seen, and in what company. ' 10. On the occurrence of any highway-robbery or dacoity on the road, the Bui'kundaz of the jMurheUa shall immediately despatch one Chowkeydar \nth intelli- gence to the neejrest Police station, and the other to the next Mm-hella, whence the intelhgence shall be conveyed from Murhella to MurheUa until it reaches the Road Jemadar. The latter will proceed to tlie spot, and endeavour to pi'ocure a clue to the offenders, but on the arrival of the Thannah Pohqe, he ivill make over the in(juiry to them, together "with whatever information he may have obtained. . 11. On the occurrence of any crimes on the road, especially when travellers are concerned, the Deputy ^lagistrates and Assistants will enter upon the case directly, so that the parties may sutler no imnecessaiy detention. If the case be Avithiu their Removal of ob- sti-uctions. Control of subordi- nates in each beat. Patrolling the road. Sowars to patrol. Jemadar's duties and responsibilities. Property of travel- lers deceased. Suspicious death. Dacoity or highway robbery. Crimes to be in- vcsti^'ated at once. 3cii APPENDIX. compctciicv, they will decide it at oogc ; and if it be necessary to send the case to a OQCC ■cwi Niglit travcUore to bu caulionud. Iiiglicr triljiiiial, they will l)e mast carcTWl that only those persons whose evidence is absolutely required arc detained from proceeding on their journey. 12. The Jemadars, Burkundazcs and Chowkcydars will caution travellers, and others moving by night with Merchandize and Goods, of the risk which they incur ; but they are strictly prohibited from compelling travellers to stop at any particular place, and they will afford protection to such as may stay in their vicinity. Polipo to be warned 13- The Magistrates, Assistants and Deputy ^fiigi^tratcs will warn all the road of eertuin travellers, pyjjcc to be on the alert regarding the passing of bodies of ui)-countrv men along the and to bo on the alert 001,0^ i . o with respect to tUcm. road, either in numbers or foUomng each other, without rnuch baggage or with only a lotah and clothes ; and notice of such is to be forthwith sent to the Assistant or Deputy Magistrate, who will take measures to stop and examine them. Immediately on the occurrence of a dacoity or robberj' by a body of up-countrv men, notice will Ix; sent bv dak to all the INJagistrates of districts and Deputy Magistrates on the road to the West of the place where the offence was committed, so that means may be taken by them to watch the bye-roads and the fords on the ri.'er Soane leading tq Shahabad, and thus the offenders be stopped on their return.* 14. The Magistrates, Assistants and Deputy Magistrates will take every oppor- tunity of warning travellers against allowing strangers to attach themselves to their party, and to avoid eating, drinking, or smoking anything from the hands of persons with whom they have been previously unacquaiiltcd. Should the Jemadars observe any persons constantly going up and down the road and attaching themselves to parties, they will communicate the circumstance to their superiors, who will make such inquiries and pass such orders as may be requisite. 15. In cases of emergency, the Jemadars may despatch a Sowar to carry informa- tion to the next Station, whence another Sowar shall proceed with the same to his superior ; but, as a general rule, the Sowars, Burkundazes and Chowkcydars will be kept to their duties of patrol, protection of lives and property, and prevention of crime on the road. Travellers to be warned against asso- ciating with strangers. Cases of emergen- * The mode of proceeding adopted by the Shahabad and Behar dacoits is as follows : — They set out from their villages to placf of rendezvous, and then 20 siudy, or in small parties, down the road, generally with only lotahs, clothes and a small sum of money amongst them. They supply themselves with lattees which are sold on the road-side, and they either send out spies to see what carts are comin", or they have informants at some of the Chuttccs. They commit their dacoitics early in the evening, if they have opportunity, and immeihately after, make off with their plunder to the bed of some river or Nullah in the jungles, in which they bury their booty, easing themselves round and near the spot, so as to prevent persons approaching it. Part of the gang then retnnis. or may go on to commit another robberv. Those with the booty, after staying near the ])lace for a day, remove it. and proceed bv bye^-oads through the jungles to their homes, halting during the day on the banks of a stream, in the sands of w hich they conceal the property. If, tliereforc, timely notice of a rolfl)ery is sent to the authorities and districts Westward of tlie place of occurrence, th.re will always be some chance of recovering the property and securing part of the gang. The Shahabad dacoits have not been known to come on the road lower than Gulsee Chuttee. APPENDIX. xm ) 16. Should any of the Jemadars, Sowars j)r others of the Road Police require Leave, tenlji&rary leave of absence, from sickness or ou private affairs, they may be allowed to place their own nominees as substitutes whilst they are absent ; provided that their superior sees no objection, and that such nominee is personally capable of performing the duties. 17. All promotions shall be given as much as possible iu the force, so as to give Promotious. encouragement to the subordinate officers to ennce acti\ity, ^-igilance and efficiency in the performance of their duties. 18. Everyman in the force may be transferred from one Station to another at Cbanse of station. the discretion of the Authorities. 19. For the apprehension of parties who have committed offences, on or near the Concurrent autho- road, or for any other Police business relating to the road or its neighbourhood, the S'-T- "^'"' ^^istrict Road Police have concurrent authority with the Pohce of the districts on either side. The following list of Thannalis through which the Grand Trunk Road passes in Thannahs. Bengal and Behar, with the terminal points of each ilagisterial jurisdiction along the same, is published for general information : Hooghly. Soath-eastern terminal point,, Gh\Tetty Ghaut ; iS^'orth-western terminal point, the Village of Bocragorree. This portion of the road passes through Thannahs Singhoor, Hooghly, Bansbariah, Benipore and Pandooah, and is within the jm-isdiction of the IMagisti'ate at Hooo-hly. Burdwan. South-eastern terminal point, Chotekuud ; North-western terminal point, Fao-oo- pore, near the 78th Mile stone. This portion of the road passes through the Thannahs of Sulleemabad, Gano-ooreah and Burdwan, and is within the jurisdiction of the ^lagistrate of Burdwan. Bood-Bood. South-eastern terminal point, Fagoopore ; North-western terminal point, Katpookur, near to the 109th Milestone, not far fi-om the Kairasole Bimgalow. This portion of the road passes tlirougli the Thannahs of Potenah and Seinpaharee, and is \vithin the jurisdiction of the Deputy ^lagistrate stationed at Bood-Bood. Munglepore. ' South-eastern terminal point, Kairasole ; North-western terminal point, Churkoonda drain bridge, about 180 yards West of the Churkoonda MurheUa. This portion of the road passes through the Thannahs of Ookera, Bo'Ta and Neamutpore, and is within the jurisdiction of the Assistant stationed at Badasole, on a hill, a short distance off the road, about a mile "Eastward of the Bukhtvanu<^"-ur Bungalow, and near the Siugara Suspension bridge. ' Govindpore. South-eastern terminal point, Churkoonda drain bridge ; North--rfcstem terminal point, Umulkooree, about four miles beyond the Topechanchee Bungalow. d XIV APPENDIX. A mark will be put up to define this Imniulary. This portion f)f the road passes through the Tiiannahs of Pandra and llajalipectah, and is within the jurisdicton of the Deputy Magistrate of Govindpore, whose residence is at Baghsoma, immediately adjacent to the road. Btirhee. South-eastern terminal point, ^Mudhoopore; North-western terminal limit, the bridge over the small river Gowearee, about a mile to the West of the Dhunwa Bungalow. This portion of the road passes through the Thannahs of Bagodhur and Burhce, and is^vithin the jurisdiction of the Deputy Magistrate st^ationed at Burhcc. Shergotty. South-eastern terminal limit, the River Gowearee ; North-western terminal limit, the River Soaue. Tliis portion of the road passes through the Thannahs of Shergotty and Aurunga- bad, and is within the jurisdiction of the Deputy Magistrate stationed at Shergotty. Sasseram. " ^ South-eastern terminal limit, the Soane ; North-western terminal limit, the River Kai'umnassa. This portion of the road passes through the Thaunahs of Sasseeram, Bhubhooa and Sa\TOut, ancl is within the jurisdiction of the Deputy jNIagistrate stationed at Sasseeram. " o The Murhellas and Station Houses of the Road Police will be white-washed, and over each will be painted in large letters, both in the English and Native languages, its number and the name of the ^lagisterial jurisdiction to which it belongs. The Chowkcydars, Bmkuudazcs and Sowai's of the Road Pobce, will wear red Tui'bans and Kumvurbunds, with Badges indicating theii' number and rank on red cross belts edged with green. The Jemadai's will have a red stripe on the right arm. Notification Zrd March, 185-i. Juggemath Road Rulcs for the Control, Management and Conduct of the Police on the Juggernath Road. Police Kules. SupeiTision and 1. The Slagistrates and Deputy ^Magistrates, through whose jmisdictions the ■ '^^°""'° • jQ^l passes, have the general supervision and control of the Road PoUce within the limits of theii" respective jm-isdictions ; the immediate control of the Jemadars, Bm-- kundazes, Chowkcydars, (or Pykes,) being vested in the Thannah Dai-ogahs. Visits to Koad Po- 2. The JNIagistrate and Deputy iMagistrates are required to make arrangements and Ws Deputies'""' fo^" having occasional •( isits paid to the Road Police Posts by themselves or their Assist- ants, or other competent officers. These visits should be an-anged so as to take the Police unawares, and efl'ectually test their vigilance. The Thannah Darogahs are re- qiiired to visit the Road Police Posts at least twice in every month, and to report' the result to the Magistrate. Control of the sub- 3. Each Jcniadar has the immediate control of the Burkimdazes, Chowkey- ordinates in each ^^^ ^^^ ^^^^^^ ^..^j^.^ j^j^ ^^^ APPENDIX. XV ) 4. The Head Quarters of each Jemadar will be at the central station of his lieat, Duties of Jema- and he is required to visit every station within his control at least once in every '^'"■^" 2 days, and to see that the Burkundazes, Ghowkeydars, &c., are on the alert. Tlie Jemadars willl keep a diary of theii- proceedings. • 5. Two men from each station (whether Burkundazes or Ghowkeydars,) will Patrol of the road. patrol the road in opposite directions, every morning and evening, until they meet the patrol of the adjacent station; when they will return to their Post, reporting what they may have seen, or what lias occurred. The hours for patrol will be regulated by the ^Magistrates according to the season of .the year, and a Diary will be kept at each station, in wiiich will be ente^red the names of the patrolling officers, the hom- of their departure from and return to the station, and their report of what has occurred. 6. It is the duty of the Koad Jemadars to watch the movements of suspicious Supieious charac- charaeters, to take notice,of all complaints of robbery, 'theft and violence occurring ''^''^ ^o ''^^ "'''■'''I'^'l- along the line of road within their respective beats, and to'appreheid persons charged with the commission of such offences, giving immediate notice to the Thannah Darogahs. 7. In CP6e of the death from ilatural causes of any traveller who may have no Propertj- of travel- companions to take charge of his property, the Burkundaz of the station nearest to the ^"^"^^ aeeease . spot shall ti'ansmit the property without delay to the Jemadar of the beat, who will forward it with a report of the circumstances to the Thannah Darogah. The Jemadar will enter all such property in a. book to be kept for the purpose. 8. In the sase of any suspicious death, or of any corpse being found on the road Suspicious death, with marks of violence on it,' the body shall, if possible, be sent to the Head Quar- * . . . . * ters of the District or Sub-Division for medical examination. The Jemadar is to proceed to thn spot, and send notice to the Jemadars on each side with a description of the person of the deceased, and the Police shall use every endeavour to ascertain by whom he was last seen an'd in what company. 9. On the occm-rence of highway robbery, daeoity, or other heinous crime on the Dacoity or liighway Road, the Burkundaz of the station shall immediately despatch one Ghowkeydar ^° ''^' with intelligence to the Thannah and another to the nest station, whence the intelli- gence shall be conveyed from station to station, until it reaches the Road Jemadar. The latter will at once proceed to the spot and endeavour to procure a clue to the offenders, but on the arrival of the Thannah Police, he ^viU make over the inquiry to them, together with whatever information he may have obtained. . 10. On the occurrence of any crimes on the road, especially Vhere travellers are Crimes to be inves- tigated at once, concerned, the ]\Iagistrates and Deputy iSIagistrates will enter upon the case directly, so that the parties may suffer no unnecessary detention. 11. It is the duty of the Road Police to prevent all obstruction to the road l)v Obstructions on , . ' the road to be re- the stopping of Carts, or otherwise. At the halting places, or elsewhere, Garts and moved, other Carriages stopping are to be carefidly drawn to one side of the road, and the centte kept sufficiently free to admit of two Carriages passing abreast. ' 12. The Jemadai*, Burkundazes, and Ghowkeydars are strictly required to afford Protection of tra- protection to all travellers who may stop in their vicinity. - ""^ '^"' 13. In cases of emergency, the Jemadars may despatch a Burkundaz or Chow- Cases of emergency. XVI APPENDIX. liCnvf. Promotion. Change of station. ConcuiTcnt autho- rity with District Police. kcydar to carry information to the next station, hut as a general rule, the Burkunrlazcs and Chowkevdars will l)e kept to their (hitics of patrol, protection of lives and pro- perty, and prevention of crime on the road, Ik Should any o# the Jemadars or Burkundazcs of the Road Police require temporary leave of ahscnec (not cxcccdinn; a month) on account of sickness, or ur<;cnt piivate aliairs, they may be allowed to place their own nominees as substitutes whilst they arc absent, provided that their superior sees no objection, and that such nominee is pevsonally capable of performinj^ the duties. If leave' of a})scnce for a longer period than one month is required, the nomination will rest with the Magistrate. 15.* All promotions shall be given as much as possible ^a the force, so as to '^ve encouragement to the subordinate officers to evince activity, vigilance and efficiency in the performance of theu- duties. IG. Every man in the force may be transfeiTcd from one station to another at the discretion of the ISfagistrata 17. For the apprehension of parties who have committed offences on or near tlie road, or for any other Police business relating to the road or its neighbqnrhood, the Koad Police have coucurreut authority with the Police of the Disti-icts on either side. Notification. Thannahs. The foUowuig list of Thannahs through which the ' J uggurnath road passes in the Province of Cuttack, with the term'inal points of each ^lagisterial and Thannah jurisdiction along the same, is published for general information : — Zi/lah Balasore. Thaunah llaujghaut. Northern terminal point the River Soobunreeka, Southern terminal point Mouzah Naeekooree. Thannah Bustah. Northern terminal point ^louzali Bramoondah, adjoining Naeekooree, Southern terminal point ]\Iouzah Hatccmoondah. Thannah Balasore. Northern terminal point Bindlia bridge, adjoming Mouzah Hatee- moondah, Southern terminal point Khuntaparah. Thannah Soroh. Northern terminal point Khuntapai-ah, Southern Do. centre of Kausbans bridge. Thannah Bhuddruck. Northern terminal point centre of Kansbans bridge, South- em terminal point the River Byturnee. Zillah Cuttack. Thannah Jajpore. North terminal point the Byturnee River, South terminal point the Bramooucc River, near Dm-ruflisalla. Thannah Ert'ickpore. Northern terminal point Durrumsallah, Southern terminal point is Bundaloo. ' Thannah Cuttfcck. Northern terminal point Bundaloo, South terminal point Btmd- warrah, near Balwanta. APPENDIX. Xvli Zillah Pooree. Tliannah Piplee. Xortli terminal i^oiut Bundwarrah, near Bulwanta, South tcrini- ual point Kungea. Thannali Pooree. North terminal pohit Kungea, South terminal point Town of Pooree. } Not/fication. The undermentioned orderJ of the Hon'ble tlie Court of Directors, dated 20th Rule for tlrawing September 1848, para, llth, is published for the information and giddance of the f^mZJaL°^^''^'' officers belonging to all the branches of the Civd Department, and to which strict attention, is requested. Extract from a Despatch from the Ho,i!hle the Court of Directors, addressed to the Government of India, hi the Financial Department, dated the 2Qth September, 1848. No. 38. " ■" ' Para. 11., The practice of drairing the gross amount allosved for Office Establisli- Leffer fi-om, dated the ISfh March, 1848, M. 11 A. "^^nts notwithstanding that 41. The Government of Fort Sauit George have been certain situations may be mformed m resrard to vacancies in Office EstabHshments, that j. ■ ^^ 1.-1 • r i-T, t u I, 1 vacant in them, is a very while ^n some tew cases the gross amount has been m-a\vn , > *- " '--i.y and the savmgs bj' vacancies credited in account, the general improper one, and must be practice has he-fl to di-aw only the nef amount. immediately abandoned in every case in which it is adopted. — (Calcutta Gazette 10th January, 1849, paye 27. J Rules for the Management of C/iaritable Dispensaries, published in the Gazette of tlie Eules for Cliarity Wl October, 1853. Dispensaries. lu aU cases in which the aid of Government is granted in support of any Charitable Dispensary, the following Prides are declared to be in force : 1. The Collector, Magistrate and Cinl Surgeon of the district shall be ex-officio ^lenabers of the Local Committee of ^lanagement. 2. The Government may appoint any other person, whether a public servant or a subscriber to the Dispensary, to be a Member of the Committpe. ' • 3. The Commissioner of the division shall be ex-officio a Member of the Committee, ' and shall preside at any Meeting at which he may be present. He shall have a casting vote, in ?vddition to his own vote, if present, and a casting vote if absent, when opinions are equally divided. 4. All correspondence between the Government and the Local Committee shall be conducted through the medium of the Commissioner. 5. Each Ccmmittee shaU submit to Government, through the Conjmissioner, half- yearly returns (made up to June 30th and December 31st in each jepx) of the number of patients treated, and of aU receipts and disbursements, in the accompanying forms. These returns are exclusive of the professional reports submitted to the ^Icdical Board. e XVlll APPEKDIX. (>. EiiL'li (.'onimittoc shall appoint its own Secretary, whose duty it is to see that proper returns and aceounts are kept. 7. Each Committee shall keep a hoqk in which arc to be entered Minutes of all its proceedings and resolutions. The proceedings of each Meeting shall be attested by the Members present. 8. In all matters of a strictly professional description, the Committee shall be guided by such instructbns as they may receive from the Superintending Surgeon of the Division. ILalf-ijnarlij Return of Patients treated in the from the to tlu Oharitalle Dispcnsari/ c C . o to 'c "5 S 'a -3 > 1 « a &■■ o c •a a & o a o 1 u e ll 11 Remarks. In-door Patients, .. .. Out-door Patients,.... Total, .... . i t Half-ijearli/ Casli Account of the ■ Br. ■ Charitable Dispensary from tlie- ■ to the - Cr. To balance in hand on the ,, Subscriptions collected from to ,, Government donation drawn from the month of up to (g Rs. per mensem under orders By amount pay oi establishment from supplied to the In-pati- ents @ ,, Do. for half-yearly supply of clothes to the In-patients „ Interest upon Government Promissory Notes drawn „ Do. Do. paid to 2 extra native doctors employed in cholera stations in the city. Balance in band, S:c. &c. 1 • Total, Co.'s Rs. .. 1 Total, Co.'s Rs. .. Trav U" all Head a letter No. 131 of the 21st April la.st, from the Officiating Magistrate of nnco to Jail Burkeu- Bancoorah enquiring whether Jail Jiiirkuudauzcs whcu seut from theii- own to other dauzcs. „ . -11 11-11 < districts m charge of pnsoners arc entitled to travelling allowance. Read also a leUer No. 2289 dated the 11th idtimo, from ?he Secretary to the Government of tjie North "West Pro\"inces stating in reply to a communication from this Government, that Jail Burkimdauzes in the North 'West Pro\iuccs receive travelling APPENDIX. XIX allowance at the rate of 3-lOtlis of tlieii' salary when marching in districts other than their qwn, in charge of prisoners. Resolution. The Most Noble the Govej-nor of Bengal being of opinion that Jail Burknndauzes when marching in charge of prisoners at a distance from their own district are fau'ly entitled to travelling allowance, His Lordship is therefore pleased to determine that a rule similar to that wliich obtains in the' North West Provinces shall be adopted in the Lower Provinces, in the Regulation and Extra Regulation Districts, and that in future, Jail BurkuAdauzes when sent in charge of prisoners to districts other than that in which they are employed, shall ^'cceive travelling allowance at the rate of . 3-lCths of their salary. Ordered. That this Resolution be communicated to all Magistrates and other officers in charge of Jails, and to the Cnil Auditor for their information and guidance. Ordered also. That this resolution be published in the Bengali Gazette. G. O. (Bengal) dated^ Uh July, 1853. hist sliewinrj the Thannahs in each District under the several Divisions of the Bengal Presidency. 1 |J^° Those Thannahs which are marked with an asterisk are attached to a SuU-Division. PATNA DIVISION. PATNA DISTRICT.' Bankipore. AVestevn Com't Ghust. Futtooah. Eastern Court Ghust.» Peerbuhur. Sooltangunge. Allumgunge. Mongailpore. Dewanniahalla. KhaighkuUan. Chowkeekulla. Lodekatta. Chowk Shekarpore. Doulparah. Malslamee. Bhaug JafFer Khan. Nowlutpore. Sherepore. Buckram. * Barh.* Hilsa. Attasaree. BEHAR DISTRICT. Gyah. Noadah.* Jehanabad. Behar.* Urwal. Dawoodnugar. Ourangabad.* Nobinnugar.* Shergotty.* SHAHAB.^.D DISTRICT. Balatee. • Arab. Sassecram.* Doomraon. Chownoah. Ekwaree. Dhungueen. , ' Bmraon.* Bhabhoah.* Sawat.* Ramghur. XX APPENDIX. SARUN DISTRICT. Chupra. Beturdah.* Scwan.* Cusimur. Pursa. Tajpore. Futtehpore. Ilosscpore.* • Derawlec* Manjhee. Goldinggunge. CHAMPARUN DISTRICT. Gonndpore. Bettai. Moteeharee. BunjiuTeah. Mussowrah. Dacca. ' Kullianpore. Bogah. BHAUGULPORE DIVISION. BHAUGULPORE DISTRICT. Foodkeepore.* Cutwallee. Colgong. Packce Surye. Umei'pore. Hazarpoorah. Kuraui-gunge. Bowsee. Lucker Dewanny.* Pointee. Lokemanpore. Soopoler*^ o Mudehpsorah.* Boodbowci.* Dcgha. , KurhiuTea. Doomka. Rajmehal.* . Hill tliannahs. MONGIIYR DISTRICT. Monghyr. Bcgoosoora. Chuckaree, or Chuckyc* Gogrcc. Soorajgurh. MuUeeporc. Tarrapore. Tegrah. Shcik^jarah. Dunriapore.* TIRHOOT DISTRICT. Mozaferpore. Hazeepore. Jlahooa. *■ Lallgimge. Bhowardah.* Reegah. Kiirnoah. Diilsingun'cah. Jallali* Dhurbagah. Buheerab.* Nagerbasee.* Ciittra. Kbajowly. Mudyepore.* PURNEAH DISTRICT. Sudder Thannak. Katbpore.* Dbumdali.* ^lotcebaree. Babadoorgungc* • Kaleeagunge.* Arrarccab. Doolallguuge.* Ncbiiuggur. ' Goudwarrab.,. Dundkborab. ^lonccbaree. Kiu-ba. Kissengunge.* APPENDIX. ElAJESHAHYE DIVISION. BOGRAH DISTRICT. RAJE SHAH YE DISTRICT. Bograb. Bbowannygunge. Adimdigee. Bauleab Noaldlla. Nattore.* KbettaU. Cbowgong* Lalbazar. Doobulchutty. Budulgatcbee. Mandah. Govindpore. Tannore. Dewangunge. ' Godagaree. Raigimge.* Belmarah.* Sberepore. PUBNAH DISTRICT. DINAGEPORE DISTRICT Coasteeah. Tbakooygawn. ^ Peersnnge. Pubnah. Cutwallee. Sbazadpore.* T> * Matboora. Rajarampore. Khettooparab. Pungsab. Dburmpore. Cliintamnn. Bungsbeeharee. Gungarampore. Hemtabad. Cocksafi. Potiram. Hurryal. ' PutneetoUah. RUNGPORE DISTRICT. Newabgunge. Hobra. Bogdooar. > Raneegunge. Rungpore. Raneesimkul. Nisbetgimge. Porsba, Woolypore. KaUeegimge. Sadooliapore. Beergunge. BurrobaiTy. MALDAH DISTRICT. Deemlab. Maldab. , ' • Koonurgunge. Jii2"diillab. Bbowannygunge. Pooranbarry. Chitmaree. Gowgurriah. Bbolabaut. Kallcacbuck. Peergiinge. Molimg. Bobanpore. Durwannee. Seel)guuge. ' Barny. Cbupjjye. , Potgaon. •• Sonaseekatta.* DACCA DIVISION. Faqueergunge.* DACCA DISTRICT. Bodab* Dacca. Nugessury. Roy pore. / XXI XXII APPENDIX. Tonghce. Mulfutgunge.* Lalbaug. Ftiiridabad. Hoopguiigc. Dhomoye. Puschindcc. Rajabany.* Kopossccah. . Srccmigur.* Naraingungc* FURREEDPORE DISTRICT. H urrecr am pore .* Manickgun^e.* Jafferguuge* * Newabgunge.* Pakoollah.* Sccbchiir.* Balgatchpc. Mooksoodpore. Bhoosnab. Cutwallee. , Talmah. Baitka. SYLHET DISTRICT. Nubbeegunge. Luskerjiore. Parcool. NoacoUy. Lattoo. HQug«jccah. Russoolgunge. ' Sunkerpassat. Taujpore. Rajuagiir. Abeedabad. Bansecai'iali. Jyntccah. ^Moolagoql. Bxmgong. jNIYMENSING DISTRICT. S era] gunge.* Jumulpore.* Slicrcporc.* Cutwallee. Nieklee. Bazetpore. Gulfcrgunge. Futtehpore. Madargunge. Modoopore.* Ghosgong. Nitroconah. Pcngnah.* Gaubtidly. BACKERGUNGE DISTRICT. Cutwallee. Augarrah. INIeliidigunge. Nidchittee. Goorundi.* Cotcliooah. t . KeVari. Tugra. ■PiulsaooUy. Bhowphul. Cutwalleeparah .* Slu'zagunge. Bureerhaut.* CHITTAGONG DIVISION. CHITTAGONG DISTRICT. Islamabad. Putteeah. Chuckcrriali.* Jourawargunge. Bhutteeary. . Haut Hazaree. Futtickcbeny. Rowajan. Satconeea. .' « Ramoo.* Tecknaff.* TIPPERAH DISTRICT. , Cutwallee. Juggeruath Diggy. APPENDIX. xxi Cashba Noomuggur. Entally. . Burkamtah. Pautterghatta. Chaugnlnaeeah. ' Chitpore. Luckshum. Arreadah. HazigUBge. Etagatchee. Doodcondy. Govindpore. Thorlah. Gobbaria. Toobkeekigrah. ' Blstopore. Nussm-nugur. Bankyijore. GoToreepoorah. Ramnugvir. BULLOOAH DISTRICT. Barruckpore. Soodarara. Jloydah. Begumgiuige. ^ BAR-RASUT DISTRICT. Chandeea.* Nyaliatty. ' Luckeepore. Bosb.arhut. Hatieea.* Kodumgatcbee. Siindeep. CoUingab. Ameergunge. Lubsa.* Ramgunge. Dum DiiTti. Bomanee. Dhuim'ea Mooneah.* JESSORE DISTRICT. CutwaUee. NUDDEA DIVISION. Jenidab.* nuDdea district. Tallah.* Hai'dee. Trimony. ) Maheer^jore. Noabad.* Augiirdeep.* Sulkea. Harrah. Kotecbaundpore. Hanskhally. Singali. Dowlutgunge. Kaloopole. Bogdah. Lobargiirrab.* Ranaghaut.* Mabomedpore.* . , Kaguzpookoorea.* Sazially. Sooksagiir.* Fuckeerabad.*' Santipors.* MOORSHEDAB.\D DISTRICT. Cutwallee. Bailee. Soojagunge. Dewangunge. Rajabazar. Goui- Berbampore. ' , Goburdftugah.* Cossiml)azar. Nuddea.* Jan jMabomedpoi'e. >City Tlian TWENTY-FOUR PERGUNNAHS jNIoora Gowar. nabs. DISTRICT. Nektakhalee. Kallighaut. Sbabanuggur. Kidderpore. Goondbeetulla, _^ XXIV APPENDIX. Poolahasunoollakhau. " IIOOGIILY DISTRICT. Mohccmapore. Hoogbly. Maiioolal)azar. Moliajuutolce. Akraramshaha. ^CityTlian- nabs. ' Bydebatty.* SeramiJorc* Jelianabad.* Ahasunporb. J Gbattal* Rajbattce. Bansbarreah. Raneesur. Tt ' J"" jJanifjore. Cboyendengah. I Poondooab. _ Kalliangunge. Bhaddrcehaut. DbxmneeacoUy. Humpaul.* Kalkapo/e. Rajbulbaut.* Pulsa* Dewangungc* Mirzapore. Chunderkona.* Khamra. Chinsurah. Dewanscraie. ' Raneetullah. ilOWRAH DISTRICT. Gowas. Sidkea. Sootee* Rajapore. Go\-indpoFe. Doomjore. Jellinghee. . Bagran. Nowada. Omtah. Hiirryburparah. « G^VooliSriah. Doultabad. Kotra. Burwah. BANCOORAH DISTRICT. Shumshirgunge.* Gokaram. Bancoorah. Noorye. Sitlah. Okerah.* Bisbenpore.* BURDWAN DIVISION. Oondab. BURDWAN DISTRICT. Sonamokey.* r, '.' Kotulpore.* Bmdwan. Senpaliaree.* jMungulkote.* Cboorolea.* Rainab.* Cbatna. Cutwa.* Rogoonatbpore.* (part in a sub- Svilleemabad. di\'ision.) Gungooreah. Kianiutpore.* Muntessur. " Poobtbid.' BEERBHOOM DISTRICT. • Balkissen. Sooree. Indoss. Alziilpore. Potenab.* Deogbiir.* Culna. . Operbuuda.* Ouscgram.* Shenah. APPENDIX. XXV Kissenuggur. Kushba. Labpore. Sakooleepore. Keogunge.* Burwa. Doongong. Kulhutty. . Klioorbana. ^Moui-essur. f Nangoolee. Bhiiritpore. MIDNAPORE DISTRICT. Cutwallee. Pertebpore or Panch Koora.* Kolmeejole. Subbung. Nugwan.* Kassigunge. Pottaspore.* Puddumbiswan. Ramoobunder. Gurbetta.* Musnudpore.* Sirsa. ' Silda. Sotpattee. Dynmaree. Chuttrapal. KadojTzan, Nilmaul alias Nimal.* Baminarrah.* Kunchunnuggur.* Sagrussur.* Bassoolyah.* Ghat Kedgeree.* CUTTACK DIVISION. CUTTACK T)ISTRICT. Jaujpore.* Muttoo.* ■ Cuttack. L'rruckporc* 8 Assuressur. Hurrihurpore. Teerum. Pyrajpore. Pattamoondee. BALASORE DISTRICT. Balasore. Bhuddruck.* Myaspore. Bustah. Sorahchooramin. Rauj Ghaut. POOREE DI3TRICT. KhooMah.* Banpooree. Pooree. Piply. Nubba. Gope. SOUTH-WEST FRONTIER AGENCY. HAZAREE BAUGH. Khurruckdea.* Buggodhur.* Burhee.* Chitra.* Gowa.* LOHURDUGGA, , Lohurdugga. Kissenpore. Balloomoth. Lesligunge. Monka. Shawpore. Chutterpore. ^ MAUNBHOv^M. Pamlia. Chass. Ryepore. Rajabhitta.* XXVI APPENDIX. ZAMINDARI POLICE. NOWGONG. Bcgcmkadar. Suddcr Thannah. Mokooiidoporc. Juggcc. Torang. Jomoonamoote. Ilishla. Sumoogooding. Patkoons. Joyporc. SEEBSAGUR. Tliaklah. Jorchaut. Putkooin. Seebsagur. Toondcc* Joypo.c* Baugmoondee. Golaghaut.* Narsa, Go\indpore. Neamutpore Kajibhutta. LUC'KIMPORE. Poapore. Luckimpore. SOUTH-WEST FRONTIER AGENCY. Chvdooar. Palamow.* Dibrooghur. Oodeypore.* Saikwah. Sirgoojal),.* ASSAM. ARRACAN. GOWALPARAH. "Aeng Tliannahs not specified Gowalparah. Akyab ditto. . SingheemaiTy. Sandowav ditto. Kumbairy. • Dobree. RAMREE. Samookra. KAMROOP. Chunua. Gowaliatty. Romee. Chagong. Buzidlee. TENASSERIM PROVINCES NiMbarree. Burpettah.* . Not specified. ToruiUpore. CACIIAR. DURUNG. Sudder Thannah. ' S udder Thannah or Tezpore. Katecgorah. Durung.* / Hykerkandy, Chatgarrj'.* Cossiah HlUs.t Daijeeling. j'lo^ specified. KaiTccai^arrah. APPENDIX. xxvii List of Sub-Divisions with the mmes of the Tliamahs in each. BARRH. Tliannah Barrli, and ChoMkee Cliumpaporc, in Patna, and Thannah Durreapore in IMonghyr. NOWADAH. Thannahs ISTowada and Beliar, and Choiokees Hoolasgunge Husnea, and Kinar Cliutty in Bcliar. SEWAX. Thannahs Sewan^ Hasseepore, Beturdali, and Derwalee in Sarun. SASSEERA:M. Thannahs Sasseeram, Burruau, Bhubooah, and Sawut ; swd^ Chnwkies Tilootlioo, Xosreegimge, J)eleree, Jelianabad, Hatta, and :Molaunna in Sliahabad. MUDHYPOORAH. Thannahs Soopole, ^Nlndhypoora, and Boodhowa in Bhagulpore and Nathpore and Dumdaba in Pumeah. BUHEERAH. Thannahs Buheerah, Bhowara, Xagurbassee and Mudhyepore and Choickee Singbea, Lawkaba and Bausserab in Tirhoot. KISSEXGUXGE. Thannahs Kissengunge, Doolalgui'i^ej Babadoorgunge, and Kal- liagunge in Pui-neah. AURUXGABAD, Late FURRACKABAD. Thannahs Foodkeepore, Fnrrackabad and ilajmebal in Bbaugulpore, and thannah Sbumshergunge, Pulsa, Sootee and Culcapore in iloorshedabad. NATTORE. Thannahs Xattore, Chaiigong, Belmariab, and Ghatty Pootea in Rajshahye. DEOGHUR. Thannah ^ouee^x Luker Dewan.^y, Pharee Jyepore and Hill Thannah Doomkee in Bbaugulpore, and Thannahs Chuckye in jMoonghjT and Deogbur and Ooperbunda in Beerbboom. MOOXSHEEGUXGE. Thannahs Rajabaree^ Sreenuggur, jMulfutgungej and Xarain- gunge in Dacca. ]\IAXICKGUXGE. Thannahs, Manickgunge, JafFergunge, Hurreerampore, Xowab- gunge and Paccoola in Furreedpore. SERAJGUXGE. Thannahs Serajgunge in Mymensingh, Sbazadpore in Pubna and Ryegimge in Bogra. JA^IALPORE. Thannahs Jamalpore, Sberepore, Pengnah and iVIoddoopore, and Pharee Hajeepore in ilymensingh. DUKHIX SHABAZPORE. Thaniiah Cbandeah, Dbunnea :Mocneah, and Hattiah in Xoakolly. MAGOORAH.' Thannahs Jenidab, Fukeerabad, and Mabomedpore in Jessore. KHOOLXAH. Thannahs Xoabad, Tallab, and Lobargurrah in Jessore. SERA:^IP0RE. Thannahs Hurrypaul, Rajbulbant and Bydebatty, and tbc Town of Scrampore vritb dependencies, in Hoogbly. JEHAXABAL). Thannahs Dewangunge^ Gbuttal, Cbunderconab,.) and Jebanabad in Hoogbly, and Rainab in Burdwan. SAXTIPORE. Thannahs Santipore, Xuddcab, Ranagbaut and Sooksagur in Xuddeab. CUTWA. Thannahs Kbosalpore or Agnrdecp; in Xuddeab, Cutwa and Mungidcote in Burdwan, and Keogimge in Beerbboom. Sub-Divisions. xxviii APPEKDIX. Sub-Divieions. BOOD BOOD. Thannuhs Potcnali, Ouscgrara in Burdwan, and Sonamookce, and Scn- j)aharcc in Baucoorali. MUNGULPOIIE. Thannahs Niamutporc, Okcrah and Chcruliah, part of Thannah lloglioonatlipore, and Choivkce Gourangdihi in Baucoorah. GURI5ETA. Tkannahs Bishcnporc and Kotulpore in Bancoorah, and Belabor or Gurbcta in ^licbiaporc. KALAROA. Thannuhs Lubsa, and Pharce Assassonee in Barasct, and Thannahs Kaguzpookooria and Gobui'daiiga in Nuddcali. 'NUGWAN. Thannahs Nugman, SagressuFj Nimal, Kancbnnnuggur, Gbat Kedgeree, Kadoorzan and Puttaspore in Midnapore. TU.MLOOK. Thannahs Basoolyah, Musuudpore, Baminarah, Tumlook and Pertab- pore, in ^lidnapore. BIIUDDRUCK. Thannahs Bbuddruck in Balasore, and Ja;-.jpore, Urruckporc, and Muttoo in Cuttatk. KIIOORDAH. Khas Estate »of Khoordah in Pooree. BURPETAH. Thannahs Burpetab, and Chumooreah'. • IMUNGLEDYE. Mehals Durrung and Chatgarce. GOLAGHAUT. Thannahs Golagbaut in Nowgong, and a part of the Sibsagur, district lying along tbe Dliunserie river, with concurrent jurisdiction on each bank of that river. JAIPORE. Thannah Jalpore in Seebsagur and that part of Muttuck wludi lies to tlie East of the Boaree Delung river, extending North and I^orth East of the Tungri. NORTH LUCKIMPORE. (Not sttted.) SHERGOTTY. Thannahs Nobbennuggm-, Ourungabad, Shergotty, and 70 miles of the Grand Trunk road, in Behar. BIJRHEE. Thannahs Burhee, Bughadur, Gowa, and Khurt-uckdea, and outpost Chow- kies of Seranapore, Koderma, and Massergunge, and 71 miles of the Trunk road in Ilazareebaugh. GOVINDPORE. Thannahs Rajabeeta, and Zemindaree Thannahs Pandra and Toon- dee, and 45 miles of the Tnmk road in Manbhoom. KORUDAII. Districts of Palamow, Oodypore and Sirgoojah. COX'S BAZAR. Thannahs Ramoo, Teeknaaf and Chuckerriah, and Pharecs, Mascal and Kotabdea in Chittagong. SOOKANEE. Thannahs Sonaseekatta, and Fakeergungc, and 54 ^^llages in Than- nah Bodah in Rung^iore. JklUDDAREEPORE. Thannahs Gourrundee, Khutwaliipai-rah, and Boorcerhaut in Backerguuge, and Sheebchur in Fui-recdpore. ( i \ APPENDIX. XXIX Contingent charges, and the orders under which the several descriptions may be incurred and passed. Description of charges which may be incurred by the Magistrates without reference to the sessions judges or commissioners of circuit. Prisoners expenses. Diet allowance or rations supplied to prisoners. — See order dated 13tli December, 1805j modified as per Sudder Coui't's Circular Orders of the 9tli July, 18il, and 6th October, 1S44, and Government Orders 1st April, 1846. Half yearly clothing and annual ^Ijlankets to prisoners. — See orders dated 13th December, 1805, modified as per orders of the 16tli October 1818. > « Medical cliai'ges when passed by the Civil Surgeon of the station. — See orders dated 26th October, 1830. ' Subsistence, &c>to prisoners released. — See Regulation IX. of 1793. Distributing Cowries to prisoners. — Discontinued.' ' E.xtra burkundauzes employed over the workingfjcomdcts. — See orders 24th Janu- ary, 1828. * ' ' Diet allowance to prisoners while proceeding from one district to another. Oil for lighS in the road. Cooley-hire for conveying the baggage. — -See Regulation LIII. of 1803, Section VIII. Clause V. Jail. Brooms, baskets, gumjahs, darr.mer, durmah, mats, rosin, charcoal. Oil for lighting; Ja'^ Reward for re-apprehending escaped con?icts to the extent of 50 Rupees and under. — See orders dated 10th October, 1844. Quarterly whitewashing the Jail. — See orders dated 27th November, 1823. ■J Magistrate' s Office contingencies. Punkah pullers. — See Circular Order dated 9th July, 1851. Dieting indigent prosecutors or witnesses in attendance at the Magistrate's Court. Kharrooah, coarse-cloth and wax-cloth. Gum, vinegar for ink, wax-candle, sealing-wax, binding books, silk, thread, needles, paste, &c. — Susceptible of audit by the Superintendent of Stationery. Jail Manufacture. , Purchasing materials. — See orders dated 9th September, 1844. Extra burkundauzes to superintend the work of the convicts. — See orders dated 1st April, 1853. Repairs. J f" Thatched sheds within 100 Rupees. — See orders 27th November, 1823. Desaription of charges susceptible of sanction by the Sessions Judge. Prisoners' expenses. ■> Extra burkundauzes escorting prisoners from one district to another. — Sec orders 11th January, 1831, also 4th July, 1853. Charpoys for sick prisoners. — See Circular 22nd March, 1836. h XXX APPENDIX. Jail e.rpenses. Making new sets fetters or additional manacles, tools for working conricts, baskets, floss, hoes, pickaxes, spades, when renewed to any^cxtent. Office contbifjeiicics. Purchase of tables, chairs, almirahs, boxes, chests, wooden horse for records, mats, sutranches and punkahs, khus khus tattees, new badges for the office peons and bur- kundauzes. New Seals if required. Scale of ditto. Country stationery. — Susceptible of audit by the Supcrintenilent of Stationery. Temporary establishment. Extra native establishment for 6 months. — See orders dated 21st August, 1832. Superseded by Hon'ble Court's Resolution 8th December, 1843, and Government Order 6th :May, 18-11. .Incidental expenses. ^ • Incidental expenses other than those mentioned above, may be incurred to the extent of 100 Rupees under authority of the Sessions Judges. — See Act VII. of 1835. Description of charges susceptible of s.vxction by the Commission£rs. Office contingencies. Country stationery for Thannahs. Badges for Thannah Burkundauzes. Travelling charges of Omlahs. Reward for apprehending offenders. — See orders dated IGth October, 1813. » ' Reward for killing dogs. — See orders dated 29th August, 1839. Repairs. Repair of Police Thaimahs. — See orders dated 28th July, 18 10. Incidental expenses. Incidental Police expenses besides those above particularized, may be incurred to the extent of 500 Rupees under the authority of Commissioners. — See orders dated 21st August, 1838. Description' of charges susceptible or s.vxctiox by Government. Transportation and removal of convicts. Charges for ti-ansiwrting convicts by sea. Authority of the Sadder Xizamut Adauiut. Charges, attending the removal of prisioners from one district to another. — See Re- gulation LIII. of 1803, Seciciou YIII. Clause V. Rent. Ground rei^ of the CutcheiTV, Jail, ^Malkhannahs and Thannahs. Tempo ra ry establishment. Extra establishment. — See orders of 6tb May, 1844. Miscellaneous contingencies. Purchase of tents. — See orders dated 18th November, 1839. Rewai-d for apprehending notorious ofiendei*s and for the performance of special service exceeding 500 Rupees. — See Sections XVI. aud XVIII. of Regulation X\l. of 1810. \ APPEXDIX. XXXI Pension Rules, of ith January, 1831, with Notes. First. — Superannuation Pension ••will be granted only to the superior classes of * xative seamen in public servants indicated in the annexed list. Inferior servants, sowars, armed or ""^ Marine or Pilot . . J ^ establisiiments at the organized peons, includuig jemadars and other ranks, lascars,* boatmen, artificers, Ben;Hi Presidencv.are labourers, and menials, are to have no claim to such Provision. ""^ Provisions orthese Lascars who entered serdce before 1835, are entitled to Pension (Marine, 29//* April, 1835. At). 40.) AU claims for Pension under tiles'? Rules to be refen-ed for the examination and civil Auditor to re- report of the Cinl Auditor before any decision is passed on them. (Marine, 12th port on eacn case. April, 1848, Xos. 4 )b 6.) ' The Governments of the several Presidencies have been cautipned by the Hon'ble Hones not justified the Coiu-t of Directors against holding out any hopes to the uncovenanted service of ^^ ''"^ Rules, not to be Pensions, which" these Rules do not justify. (Gencf personal Parties retiring from thb service under the Regulations, are not entitled lo thc whole allowance not to be of their personal allowances //( addition to the Pensions according to these Rules, and given in addition to larger amount of Pensions shall be granted than is warranted by these Rules with- APPENDIX. XXXIU v/ out the previous sanction' of the Hon'ble the Court of Directors. {Financial, 2\st June 1845 ; No. 10, of 9th July, General.) The additional allowance drtwn by first class Principal Sadder Ameens and ]\f oonsiffs, is not considered personal. [Govt, of India, 30th August, 1844; Financial, N. IF. P., 27th September, 1844 — vide Civil Auditor's Manual.) "When situations ai-e paid partly by salary and partly by commission, the average rate of commission or fees calculated over the entire period for wliich the office has been held, in addition to the fixed payment, should be assumed as the real salaries of persons so paid, and ,the Pension reckoned accordingly. (Opium, I2th February, 1852, No. 9.) The gross allowance of officers attached to the Survey Department, are to be taken into account in regolating the amount of their Pensions. [Vide Court's Despaich dated 2>0th May, 1854 to Finl. Dept. quoted at the end.) The Talubauna of Nazii-s to be excluded when computing the average. (Judicial, 27th March, l&"iO, Nos. 12G-130.) Pensions should not hp calculated upon the ave/age earnings of applicant's entire service. — Cases may occur, in wliich such indulgence may be permissible, but they should be reserved for the Hon'ble Court's ord'-rs. {Financial, 2lst August, 1846, Salt, 2nd September, 1846, No. 18.) Unless tb° full periods specified in Clause 3, viz., fifteen and twenty-two years, shall have been passed in the discharge of the functions of Law Officer or Native Judge, the advantages conceded by the Clause are not to be allowed. [Govt, of India, 20th October, 1843 ; — vide Civil Auditor's Manual.) An _ individual 70 years' old who had served Government upwards of 30 years, though only 19 years, 9 months and 27 days in a grade qualifying for Pension, being less by 2 months and 3 days, than the period required by the Rules, was, allowed a Pension of one-thii'd ot Ss salary. [Reteviie, 10th June, 1853, Nos. 2 to 8.) In another instance a man who had served Government for 18 years and 4, months in an unhealthy climate, which had weakened his constitution, and being besides bUnd of one eye and having the powei-s of the other very much enfeebled, was granted a compassionata allowance equal to one-fom'th of his salary. [Revenue, 10th June, 1852, Nos. 2 to 8.) Another who had sei-ved nearly 13 years and was discharged owing to his being afflicted with defective vision, wholly incapacitating him for every kind of emplovment, was allowed a Pension equal to l-5th of his salary. [Customs, 6th March, 1850,"A'os. 15 ^ 22.) Sanction of the Court of Directors to be obtained when larger amount is to be granted than is war- ranted by the Rule. Allowances attached to grades are not per- sonal and to be includ- ed in calculation. Commissions at- tached to situations to be included in average rate of calcu- lation. Officers of the Sur- vey Dept. Not Talubauna. Pensions not to be calculated on earnings of entire service. Law Officers and Native Judges not to be admitted when ser- vitude is less than fif- teen years. Service of 19 years and 10 months (out of 30 years) in quali- fying grade, rewarded with 1.3rd of salary. Service of 18^rd yeurs in unhealthy cli- mate, occasioning de- bility and benig par* tially blind, rewarded with l-4th of salary. Service of 13 years rewaided with l-5th of salary on being afflicted with defective visiuD. Sixth. — A Pension will hereafter be gi-anted by Government to the family, or any member of the family, of a deceased public servant, only when such servant shall have been killed in the execution of his public duty, or shall have died in consequence of wounds or accident sustained therein. The Hon'ble the Coiirt of Directors desire that in future all jMemorials prayitig for Pensions to the widows and families of deceased uncoveuanted servants, should be transmitted to them in the Pubhc* Departnient. [General, 20ih May, 1835.) The Hon'ble the Court of Directors desire that in forwarding applications from the widows of uncoveuanted assistants for pensionary support, the Ijocal (lovenimeut should state its opinion of the claims and merits of the petitioners, its belief as to their nient of applicants, * 1^0^ Financial Departmeat. . Applications to be forwarded to England through Public* Dc- pal tment. Tlie Local Govern- ment to state its opi- nion of claim and XXXIV APPEXDIX. their condition, de- flostitute condition or otherwise, their ilesccnt, whether European or Xiitive, tlicir acre, «crnt,»iiJ tlie mimbrr ^vhcthcr witli or without oliihlren (lc|)en(lent on them for support, and the ages of the a..a.geofcl.ildre.,. ^.,,11,1,^,,^ Jf ^l.y. (GV«m//, W/( J»///, 18:55.) Widow's pension to Tlie Pension to the widow is to commence from the cessation of the salary or coniiiiriice m-ncrfiiijr Pension of the husband, in all cases in which it ia not enjoined to the contrary. from \mt payment of (f;^,,,^^^/, 22,1(1 September, 1834.) husbuiid a bulury or \ ' ^ ' ' Pensioa. A- Extraordin:iry ser- Tice rendered, injuries &ustHined in e.xecution of duly or sudden termination of service from a visitation in- cai'ucitating from em- ployment (such as blindness) can only justify a relaxation ot these Rules. Persons incapa- citated by injuries sustained in the public service fo^"* the ordi- nary duties of the service, though able to contribute materi- ally towards a liveli- hood, not to get more than one-fourth of their pay as Pension. References to Hou'- ble Court to be made through the Financial Di-p»rtment. Marine Lascars dis- abled by injury re- ceived in discharge of their duty, may be Pensioned. A Chowkedar maimed in the e.xecu- tion ut his duty, allow, ed Pension, ^^v'wo-- Seamen dis- abled in an action with Pirates, Pensioned. Servants nut en- titUd to Pensioa to get on gratuities on retirement. High decree of merits to tlie only ground for the grant of a special Pension aud not old age. Sevfnth. — Should cases arise, whicli arc not sufficiently i^.-ovided for in these Rules, or iu which, from special circumstances. Government may be pleased to deviate from them in favour of a claimant to a Pension, such Pension shall be considered only as temporary aud pronsional, until the grant shall have received the sanction of the Hou'ble the Comt of Directors. The Ilon'ble the Court of Directors in para. 46 of their Despatch to the Financial Department, dated 20th June, 1<319, remark: — "The sole grounds on which a justification of the relaxation of Rides so liberal in their prorisious as are the Super- animation Pension Rules for the Uncovcnanted Scr\ice, can Jairly be based, are either extraordinary service performed, injuries sustained in the discharge of public duty, or a sudden termination of official service, resulting from a visitation such i,'. blindness, which wholly incapacitates from every kind of employment." {Customs, 6fh March, 1850, No. 16.) Persons who have sustained injuries in the execution of their duty which render them unfit for the ordinary duties of the service, but who are notwithstanding able to_ contribute materially towards a livelihood, are not to. get Pensions of more than one-' fourth of their monthly pay. {Fiiiaacial, 23rd October, 1816. Marine, 4/A Nocember, 1846, No. 28.) All references to the Hon'ble the Court of Directors to be made, and their .sanction obtained through the Financial Department. [Judicial, oth August, 18 14, No. 7.) Lascars in the Marine service when disabled by bodily injury sustained in the actual discharge of public duty to be allowed a Pension at the discretion of Government. [Marine, 29th April, 1835, No. 10.) A Chowkedar who had served in that capacity for 25 years and was remunerated by a grant of land measuring 8 beegahs paying an annual jummah of 8 Ks., haxing been maimed in an encounter with some dacoits in the execution of his duty, was allowed a life Pension of Rs. 2-8 per mensem. [Judicial, 2lst May, 1815, No. 165-9.) Two European Seamen who had been disabled by wounds received in action with Pirates, were alsp allowed Pension. {Marias, 26th July, 1848, No. 19.) Grant of gratuities upon retirement, to uucovenanted servants who are excluded from the benefit of the Pension Rules, prohibited by the Ilon'ble Coiu-t of Directors. [General, \st March, 1848, No. 5.) This Order was departed from in the case of a Furrash who was ou the receipt of 4 Rupees on the reduction of an estabbshmcnt in which he had Served nearly 12 years [Revenue 15 April, 1852, No. 42.) Six months jiay granted as gratuity /to Omlahs discharged on reduction of an establishment and who had served upwards of 10 yeai-s. Old age should not ye considered as a ground for the grant of special Pensions. These grants should be a>.oided, except in testimony of a very high degr°e of merit. [Fiiia/iciul, 2\.st Auyusi, 1846; Suit, 2nd September, 1846, No. 1».) APPENDIX. XXXV Eighth. — Whenever an application may be made to Government Avith a view of obtaining the grant of a Pension, in favour of any officer employed in the public service, the application shall contain full and specific information on the following points : First. — The name, class or caste, age and proposed place of residence of the individual, for whom the Pension' may be solicited, the situation in whicli he may be employed at the time when the application may be made, the total period during which the individual may have been employed in the public service, and the various official situations in which he may from time to time have been so employed. Second- '-The monthly amount of the salary or official allowances of the indiWdual in question, on an average of five years previously to the date of the application. Third. — The causes by which the indi^-idual may have been rendered inc.pable of discharging any longer the duties of his office, whether by extreme old age, protracted Uluess, loss of sight or other bodily or mental infirmity. Fourth. — His,q:eneral character, conduct and p^st ser\ices in the official situations which he may hav'e held. The period of service passed in a grade in which the candidate is not eligible to a ^^'^'rjuf ^"^T '" Pension, cannot be reckoned as part of the prescri' sd term of ser\iee, ciualifying for a on a salary of'io Vs^ Pension in a gi-ade in which he would be eligible under the Rules of the 4th January, and under, not to be 1831. Meritorious cases will be considered specially whei'e the service of the candidate '■^'=''""^<1- has been sucfi' as to entitle him to favom*, though he may not in grades entitled to Pen Jon, have completed the pi-escribed terms of sennce. (Calcutta Gazette, 18th June, 1845; also Sudder Dewanny Adawlut, C. 0. Nos. 199 ayid 217, volume Z, pages 242 and 257.) With reference to the above notification, by which a service of 20 years on a salary Colnmn 9 of Rejis- of more than 10 Rs. per month, is required to entitle cinl officers to a Superannuation ^" '" ^^^^ ^^^ differ- Pension, under the T ;,"^f the 4th January, 1831, heads of offices are directed, appilf lit' and'' s'^aiar" when submitting applications for Pension, toXtate in column 9 of the Register, what or allowance drawn by offices hare been held and what rate of official emolument has been enjoyed by the >>'"' durinj the whole applicant from time to time during the whole period of his service. [Notification of P^""" "' service. 5//( May, 1847, Revenue, oih May, 1847, No. 15.) An officer whose total period of serdce was 29 years, the greater portion of which Military service not he served in a Military capacity, declared not entitled to pensionary support under to reckon in Civil De- these Rules, as militarv service is not reckoned in the Civil Department. {Revenue, P'"'""^i'- 2nd March, 1848, Nos'. 1 to 12.) Nor service in the Department of public works. {Judicial, 1st October, 1851, Nos. 3-4.) In conformity to the orders of Government, the Sudder Court request that Judicial Applications from Officers, whenever they may have occasion to submit applications fc the grant of jy^mitted through the Superannuation Pensions to persons subordinate to them, for the consideration and Sudder Court. orders of Goverument, will forward them, with due observance of the forms prescribed in the Pension Rules, through the channel of the Court of Sudder Dewanny and Nizamut Adawlut. {Sudder Deivanny Adaivlut, C. 0. No. 196, volume 3, page 236.) A claimant may be admitted to the benefit of these Rules, if the last promotion to ^-^^^ '°" ^ ° quriUyTnc the grade entitling him to Pension, was obtained as a reward for meritorious serrice grade be a reward of or for other good conduct. {Government o^ India, 22iid June, 1832; — vide Civil good conduct or meri- Auditor-'S Manual.) ■' torious servu-e claim ' may be admitted. Service in the late Provincial Battalions to whatever length protracted, confers no Service in Lncai claim to pensionary provision. (Financial, 2\st August, 1843; Salt, 2nd September, ««"aii""s ""' '» ^e 1846, No. 18.) ''"""'''• No Pensions will be paid in England. {Financial, 2i>th October, 1844, No. 7 ; 6th Stipends not pay- Norember, Revenue.) ' ^^^^ '" '^"g''""!- ( I XXXvi APPliNDIX. On ofrvices bfin? Certain ^liiiistorial Officers wliosc periods of service varied from I'^rd to 21 years dispensed wiih scr- i,avinf; l)eeu discliur-icd by the abolition of their offices, were allowed ca(-h a Pension of L"hou«h°"nor?iuUe i'''^ "<' tl^'ir salaries, thongh some were not quite incapacitated for fiu-ther employ. incapacitated. [Judicial, I'Ztk Jul I/, 1818, No. 17G-8.) Ninth. — If tlic officer making the application shall be unable from his personal or official knowledge, to supply the whole of the specific information above required, he shall CftU upon the individual, in whose favour the application tiiay be made, to furnish a written statement (to be verified by his oath or solemn declaration if required) on sueh of ti^ie points above noticed as may be necessary. Facts stated in ap- His Excellency the,Most Noble the Governor General in Council has been pleased plication to be veri- |.q determine as a general rule, that under the cireunjstances stated in the above rule fort a VagistVat'e. *"*' (C- 0. Xizamut Aduwlut, No. 35 0/ 1819) applicants for Pensions,^ -hall verify the facts stated in their applications by affida\"its before a Magistrate. [Circular Order, Nizamut Adawlut, \st April, 1826.) Tenth. — If the individual shall be rendered incapable of further service by pro- tracted illness, loss of sight or other bodily or mental infirmity, a medical certificate to that effect shall be also transmitted with the application. Medical Certificate In a case in which the medical certificate simply reported the applicant to be suffering to specify tiie nature from the " eftects of long continued illness" and " unfit for the performance of hi" "heTTa'ddl.'ed^b'' Trre' duties," the Hou'ble the Court of Directors wrote as follow^ in their Despatch No. gular or intemperate 31, of 18th December, 1849. — "To enable ,1's to decide ur>"-^ ".;. propriety of allowing habits or not. the retirement upon Pension of the uneofcnanted servants of Government, it is desirable that we should be placed in possession of detailed iiiformation regarding their several cases. The nature of the complaint and whether or not it has been induced by irregular or intemperate habits, are points on which it is specially necessary to afford us information. We beg this may be attended to in future." 'f General, '20th February, 1850, No. 3.) Applicants to ap- j^. jg desirable to adopt with respect to applications for ci^-il Pensions, precautions Medical BoaaUr he- similar to those which are in force in the ^lilitary Serrice, as far as may be practicable fore a Military Invalid- without scrious iuconveiiicuce. It has bccu brought to the notice of Government that ingCommittee. Those cascs may arise in which the certificate of a single Medical Officer cannot be held to tance"froni a ^Milita'ry ^^ conclusive, and His Honor in Council is pleased accordingly to determine, with a Station are to appear view to check the .existing practice in the Civil Department of Government of granting before a Speciailnva- Pensions upon'the certificate? of a single Medical Officer, that in all applications for >si'.'"cpnvene.r"foT tlie ^^"^ Pensions under these; Regulations, whether to the Government of India or to purpose and to be the Local Goverinnents, it shall be optional with those Governments to require that coitiposed of at least 3 the applicants sliall appear cither before the Medical Boards at the respect,ive Presi- ever^"!s rV "' /""'h ^^''"'^163 or before a ^lUitary Invaliding Committee, when the station or district in Government to accept which the applicant for Pension may be serving at the time of application shall be the Certificate of a witliin a moderate distance of a station at which a Military Invaliding Committee is tingle Medical Officer, periodically asserablck'.. With regai'd tf; appUcauts, who are residents at an incon- venient distance from any Military station where an invaliding Committee is periodically assembled,\the President in Council is pleased to resolve that the several Governments shall be empowered, whenever occasion may require it, to assemble at any conveniently-situated Ci\"il Station, a Special Invaliding Committee, by deputing from neighbouring districts such number of Mechcal Officers as may be required in order to make up a Committee of at least three officers, at the station which may be > APPENDIX. xxxvii selected for the purpose. It is to be understood, however, tluat It shall be diseretional with«the several Governmeuts to accept the certilicate of a single ^Medical Officer iu cases hi which they shall see fit io do so. (General, 2lst. February, 1849, No. 6.) In all future applications for Pension in the Cinl Department, the applicant is to Applicant to appear appear before an Invaliding Committee and obtain from them a ^ledical Certificate. ^'"'^^ . *" I"^"''^'"? When this may not be practicable, the officer recommending the grant of the Pension ggate ; when tiiis may is to state the eircunistanees which prevent the observance of the Rule, in order that not be practicable, the propiiety of dispensing w^th it may be taken into consideration. [Government of "^^ circumstances pre- India, ;iO(h December, l^iS; Financial, N. W. P., Qth Februray, 1849; — Vide Civil of" the rtt"e*'to^"be Auditor's Mahual.) ~ reported. Eleventh. — Each ap|flication for a Pension under the foregoing Rules, shall bes. included in the list of public servants entitled under the existing Pension Rules to a Superannuation Pension. (Judicial, 3rd September, 18^4, Ao. 6, Uoth July, 18J4, Xos. I to 3; ^nS loth Octpber, 1844, Nos. 12.) ,^ Officers attached Officers attached to the Calcutta Great Jail, entitled to Pension. (Judicial, 28/A to th. Calcutta Great ^„,.j/ 1847, No. 2G-8.) Jail. J > i To the Grand Tri- Uncovcnanted servants attached to the Grand Trigonometrical Sun'ey,-come under gonomeiricai Survey, tj^g provisions of the general Pension Rules. [Financial, otk June, 1846.) Natite Doctors. Native Doctors in civil employ to be allowed Pension, if their serncc be fi-om 7 to 1.5 years, equal to one-third of theii- (Tirrison pay, if above 15 years, to 10 Rs. per mensem, and after 22 years, to half o'f their Garrison pay. (Military PaU und Audit Regulations, 1835, ^'ge 462.) Vide also Judicial Proceedings, 8lh June, 1854.) ' Native Doctors attached to Jails and other Ci\il Situations, are entitled to Pension under these Rules. \Judicial, 27th September, 1831; Genera/, IK/* October, l>i3l, Ao. 2a) APPENDIX. XXXIX The Pension Rules made applicable to the Paik Companies at Cuttack, but only to those, in the receipt of allowance exceeding 10 E,s. per mensem. (Judicial, oth Sep- tember, 1842, No. 81-3, and Qth September, 1848, No. 92.) Under the Rules in force, officers receiving salaries of 10 Rs. and below that sum, are not entitled to Pension. [Revenv^, '3rd September, 1845, No. 46.) No servant of the Marine Department shall be admitted to Pension unless the period of duty on which the application is grounded has been one of continual or consecutive service. [Majnne, 22nd Api'il, 1853, No. 10.) In Bengal i Superannuation Pension has never been allowed to a Chorister. (Ecclesiastical, 22nd May, 1850, Nos. 1 to 5.) ■"> Constables are not el'^ible to Pensions. [Judicial Department, \Qth Septe-viber 1845, No. 228.) Government Pleaders not entitled to Pension. (Revenue, 25th May, 1848 Nos. 3-4.) • ' ^ > • • Bailiffs are not eligible to Pension. But Government will, as special cases, entertain applications in their behalf when supported by very sft-ong reasons, entitling individual cases to fa>»orable consideration, f Judicial, 17 tfi September, 1845, iVo. 112, and 2Mh September, 1847, Nos. 110-12.) The Hon'ble the Court of Directors decided in their Despatch No. 14, of 1818, that Sub- Assistant Surgeons are not to be admitted to the benefit of the Pension Exiles. (Education, 2\st June, 1848, Nos. 1 and 2, and 2>\st January, 1849, Nos. 1 to 3.) The Amlahs on the estrlblishments of imcovenanted officers (who draw a fixed allowance on account of ^=''^^l'jhment,) do jjot come under the provisions of the Pension Rules. [Judicial Department, ISth iWftrch, 1844, No. 11, and 20th May, 1844, Nos. \and2.) Podars though paid from the Public Funds, being generally entertained as con- fidential servants of Treasurers, are not entitled to pension. [Financial, 3rd July, 1846; Judicial I5th July, 1*846, No. 7.) Cases of Podaa-s or Shorffs to be considered specially and decided on their merits. Letter from Finl. Department, dated 2Wi June, 1854, No. 2195. [Revenue Proceed- ings.) Clerks on the establishments of the officers of the Supreme Court not being in anv way under the control of the Government, do not come within the ojjcratiou of the Rules for the grant of Pensions to uncovenanted servants ^f the Govei'.iment. [Fi- nancial, 2>rd April, 1846; Judicial, 22nd April, 1846, A^o. 14; and General, 2-lth January, 1849, A'b. 1.) A Native clerk aged 82 years who had served for a long period in the office of the Prothonotary and Registrar of the Supreme Court of Bombay, was allowed a compassionate allowance. [General, 24th January, 1849, No. 1.) Fractions of less than a quarter of a Rupee to*be excluded. [Military Department, loth January, 1851, No. 400-2. '\ Also men attached to Cuttack Paik Coiu- panirs, drawing more than 10 Rs. Officers drawing 10 Rs. and less as salary, not entitled to Pen- sion. Nor Marine Ser- vants, conditionally. Nor Choristers. Nor Constables. Nor Government Pleaders. Nor Bailiffs, except in special cases. Nor .Sub-Assistant Surgeons. Nor Amiahbof un- covenanted servants. Nor Podars. Special cases. Nor Clerks on the estahtislimi'nts of the officers of the Su. preme Court. An a^ed Native Clerk in the nffice of the Prothonotary at Ronibay, granted a compassionate allow- ance. Pensions graVited by Government, are not liable to attacliment in satisfaction of Decrees oi Conn— Vide Section II.,' Regulation XII. of 1S14, anil Constructions, Nos. 7*^S, B27 and 'M2, dated respectively the 6th September, 1833, and 2-lth October, 1S34. See also page 76 of Morley's Analytical Digest, ai-ticle " Attacliment," No. 18. xl ArPENDIX. ^* -I e 't^ £- oc KK i-H •J^ a? ■*A tt ►^ •<: rCl Ttl 4 « ^ ^ 5 .1 g ^ S^ O S o 1 • • • O ■UOl*tl.)il su\ Amjp 0) B3l|8lia 'pjUOISIMlI J< 'Xijwl ai|i ipiqa 1« XjnSB.ux • tn ■tnasuam jsd noisusd JO )unouiii pasodojj • • (C — c E u = • eO • -uoiiKDuddB JO SpunojS sqi jo lORJisqy • . w *U01]nJI[()i(G jO 9U1I1 aq) 9R nidsuduj j^d 9.>UB.uoi|e IBiogjo pazuoiiinB jo XjiqHg • •- - -uo;]eD(](ldB jo aiBp M\i Siiipaogjti sjKdX a.vy aip joj i))uuui j;td 9DueMO{[t{ fciDiyo / % o *]UdLU -OiSAOf) 0% UOl^ROl^ddB JO aiRQ ! o» 8 IE =• o o _c '5 li c a .£ a « M C = S > S "to c •33gjo ^ JO Xjb|BS ^ •'•'■d 1 ^ ■ •SKUUV 1 •saailny | ■3au.i3s JO pOU3J ■SA8Q 1 •smuon 1 •8JB3X 1 m o o s X 1 -^usuiAOidina )U9S9JJ !-• »=«1I>A I 1 .-Saipissj 3J3i|;U *qBuun3j3j | | •1«11!Z 1 •C 1 Sqm JO '31880 'UOI^IIS}] 1 1 tn •uoiiiiDintil« JO 3U111 am i« )u«0!idd« JO aSv ■siBQ 1 •sqiiioivi 1 •S«9X 1 i ■* •iqSiSH •saqDuj 1 ] •>"d,-l 1 n ■UOSJ9d S,]USU . -■(ddB aqt JO uotiBogiiuaOj • o> •)iiann,ii|qinsg aqi uo jjqion>^ 1 • - 'J3i|l«j s.q JO 3U1BU 3qi qjiu 'joj pdi|tiilB SI uo|«tud 3qi uioqM ;U| uosjsd 3qi jo 3CQB>y • V I APPENDIX. ' Xli » Ea?iract from a Despatch from the Hon'ble the Court of Directors No. 46, dated 6M November, 4844, in the Political Department, Para. 6. " Mr. Vans Ristell, the Head . Clerk of the agency ha%Tng served in an ^^ Mr. Vans Risteli's exemplary manner for 46 years, it wciuld not have been contrary to precedent to have granted to liim some addition to his Pension of half his salary (namely Rs. 125) which the Rules grant after a service of 30 years. We should approve of your grantii;ig to him two-third^ of his forifier salary." case. The Pension Rules w^re extended by the Court of Directors to the OflScers o5 the Education Department in the foUo-«ing terms. Extract Para. 4. » , • " We have also determined, with a view of showing oi»r estimation of the importance Pensions to officers of their services, that the Principals and Head Masters of Colleges, or Schools shall partment. , 'be ranked in the game class with Law officers and Native Vide clause 3, Rule V. of the j^fio-es, and in like manner with them be qualified, if Pension Rules of l^Sl. " ' . ^ . "' incapacitated by age or infirmity, to receive Pensions, equivale'nt to one third of their average monthly salary, after fifteen years service, and toione half after a service of twenty-two years or upwards. This privilege must be confined tp Principals and Head '^Masters. With regard to all other educational sen-ants, a service of twenty years will be a necessary qualification for the minimum rate of Pension." ■• * ».^ Para. 5. " The Pensions are to be granted only to servants attached to those Institutions that are wholly, or for the greater part, , supported by our respective Governments, and not to those supported from other sources ; and Pensions are not to be conceded to any class of persons inferior to those embraced in the Abstract contained in join letter of 30th ]May, 1848, above referred to, the total number of which was at that time 559 persons." Vide Court's Despatch to Financial Department Government India No. 23 of 20th July, 1853, Gazette of 14th September, 1853. Extract from Court's Despatch to the Government of India, Financial Department No. 18 of the oth May, 1854. Para. 9. " We have adverted to the remark contained in para. 15 of your letter Pension after 35 under reply in which you observe that many reasons might be given for recommendiug ^^"erwTthouT a me- to us the grant of the boon of Pensions to iviicovenanted servaAts after a certain dical certificate, neriod of ajjproved service. We have already expressed our disp.jsition to extend to that class all the indulgence that can be consistently granted io' themj and upon a full consideration of the subject, we are prepared so far to conciy in the suggestion made, as to authorize you to grant to any uncovenanted servant belonging to ^ class l f xlii APPENDIX. recognized l)y tlic present Rules, who, tlioiiRli not possessed of a Medical certificate of incapacity, may be permitted to retire from the service, and ' who can piy)duce unquestionable testimonials of a faithful and /;(Hcient discharge of his duties during a period of 35 years, a pension equal to half the average salary which he may have received during the last five years of his service.' These Pensions arc to be regarded as the rewards of good service, they will not iu any case be claimable as of right, and every Pension which you may see sufficient reason to grant, must be reported to us with a statement of the grounds of your proceeding." *■ ^ Extract from Court's Despatch, dated Z6ih May, i854, to the Financial Department. • / Pensions to olTicera We would first obs(yve upojj this reference that Surveyors and Assistant Surveyors of the Survey Depart- employed in the Civil Department have never been "'""'• Forward extract report of SurvevV - ,', . , , , , , . , General of India and submit whether it formally included, by. our authority, amongst those 7"'''"f''%»J'J!f'«/°t'„Md!tl'Tnt^n uncovenauted servants to whom vou are entitled of Assistant surveyors consolidateil, or on t assigning pensons to them to treat their to grant pensions On thtlr retirement from ill gross receipts as salary. iiit--ii i ■> / health. It is uideed true that we have several occasions admitted Surveyors to pensionary gi-ants; but this has not in any case been done under rule. t AVe see no reason however for continuing a nominal restriction upon the admission of tliis highly deserving class of piibU^ servants to ctiare'in the benefits which we have so widely extended to the uncovenanted sernce, and we therefore sanction their being included in the list appended to the Pension Rales of 1831 . "With reference to the suggestions contained in your letter, we do not consider it advisable to declare that the allowances of Ci\'il Surveyors and Assistant Surveyors shall in future be regarded as consolidated. It is in our opinion most proper that " Horse and Tent Allowances" should be brought so far within the control of superior authority as to ensure its efficient application to the purposes for which it is granted ; and this is efi'ected by keeping that allowance sepai-ate from its salary — as regards your other suggestion we approve of the retiring pensions of these Surveyors and Assistant Surveyors beiu^ computed upon the gross amount of their actual receipts, including the allowancfti above stated. Extract from a Resolution in the Finl. Dept. of the Govt, of India Xo. 2518 dated ifth July, 185-i. *; „ . „ . "With respect tto "Pensions to Engineers, it seems to have been contemplated in the Pensions to Eiigi- '^ . . . neers. Rules for the Indiai^ Na\-y that the Engineers would be imlikcly to remain longer in the servicp than 10 years, and in that case the rates* of Pensions allowed would be sufficient. APPENDIX. xliii * After 10 years actual service in India the following Pensions will be granted to such Ent'ineers as shall have conducted themselves to the sa- tisfaction of the Govt, abroad and siiall produce to the Court a Certi- ficate to that effect, vizt. S. D. A 1st. class Engr. 2 6a day A 2d. class Engr. 2 a day A 3d. class Engr. 10a day Pension on a calculation of service reqiiii'ed in the latter, But tlie position of the Engineers serving at this Presi- dency as represented by the Supdt. of Marine is very ' difFereiitj and His Lordship in Council is accordingly pleased to admit them to Pension under the Rules of the 4th' January, 1831, regulating the grant of Pensions to uncoven anted officers, it being however understood that Engineers of Inland Steamers entering into the Sea-going or classed List, shall be entitled to 3 years sertice in the former branch for every two years. END OF THE APPENEIX. " J »» ^-'5' i UC SOUTHERN REGIONAL BRAFIY FA'-i! iT. 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