advantages as well as its faults. Those however who take the opposite view of the case, must by parity of reason object to the use of English as foreign to the country, yet surely were the proceedings in English, such opportunity of fraud could never be given. The introduction of the English language must be slow and gradual. At first there will be no doubt a great deficiency of persons fit for the situation of subordinate officers; yet with the demand the supply will increase. As inducements are held out, persons will speedily qualify themselves for much desired appointments and the difficulty would daily decrease and soon be completely removed. It is well worthy of remark too, that the measure would accomplish that desirable object of opening means of employment to many Indo-Britons, who now from false delicacy looking to this line alone for subsistence, disdain to engage in any mechanical undertaking or trade. As the required number of qualified officers could not be obtained at once, it might be at first advisable that depositions should still be taken as at present but that the judges should record their decisions in English, and that none but copies of these decisions be filed as evidence in any court. An objection might be made, that the writers in the offices, would not have time to get ready all the copies required. To this it is answered, that it is not difficult to appoint writers who could receive certain fixed fees for making copies. At present Government servants alone make copies of record; but although they are forbid to receive any thing, yet they get paid at a certain rate by every one according to the work performed. It would only be necessary to legalize the present custom and extend the privilege to others than officers of court. The introduction of printed forms would considerably abridge the labour of the inferior officers; this we believe, has been effected in some places in the interior. It is very clear, if the English language be introduced, the present system of writing depositions two or three times over, in fact, once in each court into which the case is brought, must be abolished, otherwise the number of writers required, would be inordinate; neither does it at all appear why this custom has so generally obtained, since but one object is effected thereby, viz. that of swelling out the papers of the case to a most formidable bulk, tending to confuse the judge rather than elucidate the truth. As soon as Darogahs can be procured who can write English, the depositions at the thanahs must be the ground work of the trial before the magistrate, and subsequently if necessary before the Court of Circuit. It is likewise evident, that where so much writing is dispensed with, the superior courts must be confined to revisions on points of law only, not on facts. This, we conceive would be no small improvement on many accounts. It will be 1 granted, we suppose, that persons at a distance cannot have the same advantages of observation as those on the spot; neither can a judge, from reading the written depositions of a case, come to one-half as satisfactory or correct a conclusion as he who tried it viva voce. In this country too, where exaggeration in giving evidence, not to say perjury is so prevalent, a knowledge of character must be of great assistance in valuing the weight of a witnesses' testimony. Such being the case, and the facts are self-evident, it certainly appears proper that the decision on facts should be left to the court which originally tries the case; -making the superior court competent to direct a re-trial on any special grounds which might be pointed out subsequently and to quash all orders made contrary to law. This plan would most effectually take away from the natives the power they at present possess of ruining each other by protracted litigation, while no one could be injured by the limitation of his rights of appeal to rational and legal objections. Besides this, the superior courts would thereby be relieved from the multifarious appeal cases which are now constantly referred to them. Taking all these things together, the introduction of English into the courts will certainly facilitate the administration of justice. The change in regard to transfers of real property, bonds, engagements &c. offers greater difficulties than any other, and deserves deeper consideration. As nothing can be worse than the present system in regard to deeds, advantages might be taken of the contemplated plan to reform the whole code. It is not our intention to enter into the catalogue of the present grievances; but for example we point out the cases of Ism-i-furay, when the real purchaser of a property conceals his name, and causes that of his son or some other person to be inserted in its stead. The Musselman custom of By-mokasa deserves to be mentioned, for by this a man absorbed in debt may convey the whole of his property to his wife, and the conveyence stands legal and valid to the prejudice of previous creditors. Legislative enactments might easily remedy these evils, and as the Government have thus far interfered with the Hindoo and Musselman law, as to the protecting persons the transition to things, especially where benefit accrues, would be an easy matter, a law declaring that a deed should be taken and accepted to be binding on the person, whose names were written in the deed and none others would be sufficient in the first case; in the second a provision rendering the By-mokasa subject to the conditions of any common deed of transfer would obviate its bad effects. To return however to the proposed writing deeds in English, it is obvious that so great a change, affecting such important rights as those of property could and should not be made without ample notice: a period of ten years might be fixed after which no Persian deed should be allowed to be drawn out, and in the mean time, as an inducement, deeds executed in English might be allowed on stamped paper of half the prescribed duty. Courts in India, are in fact more courts of equity than strict law, but making allowances for errors in a new tongue, an enactment stating that the intent of a person executing a deed should be considered in preference to strict words, might be necessary. We have thus drawn up the heads of a proposition which it seems essentially necessary to carry into immediate effect. We have not entered minutely into the subject for fear of trespassing on the reader's attention, as well as with the hope that local experience will suggest to others the necessary remedies for difficulties not anticipated. Deeming the introduction of English into Judicial proceedings as a plan that must sooner or later be adopted, it is sufficient for us if this paper induce other persons to turn their attention to the same subject. STANZAS. WRITTEN ON THE LAST PAGE OF MY JOURNAL, If ever one I love should cast That now as then when cheeks were pale, Perhaps a smile her lip may wear Oh! when I think a tear or smile W. H. F. THE LAMENT. OCCASIONED BY THE UNFORTUNATE ISSUE OF A FRIEND'S AMOUR. Alas! how oft does goodness wound itself; O thou pale orb that silent shines, Beneath thy wan, unwarming beam; I joyless view thy rays adorn The faintly marked, and far-off hill, Thou restless power, Remembrance cease. Ah! must each agonizing thrill, For ever bar returning peace? Encircled in her clasping arms, How have the raptured moments flown! Oh, can she bear so base a heart, As from the fondest lover part, The plighted husband of her youth? Her way may lie through rough distress! |