or in defending themselves from the attacks of their neighbours. Nevertheless, they appear to have desolated the country on more occasions than one; but have either been bribed by a pecuniary present, or compelled by domestic circumstances, to return, without making a settlement either for themselves or for the unfortunate Kalhóra, whose battles they pretended to fight. Of late years the government of Kandahár has fallen a prey to the ambition of its different members, and to their enemies the Sihks, now an aspiring nation of soldiers, who are likely to turn their arms against Sindh in the course of a few years; and there cannot be a doubt but that they will obtain an easy conquest, unless the policy of some other powers shall interfere with this system of aggrandisement. The British government has, in the course of events, become a neighbour of Sindh, and our possessions extend so near to the borders. of the territory of the Amirs, that our frontier is exposed to depredations from their banditti. Much mischief has already been committed by these plunderers; and representations have been made to the Amirs, without succeeding in checking the evil. As the Pindárrí hordes have been broken and dispersed in Hindústán by a wise policy, the execution of which was perhaps delayed too long, it is not improbable that some steps may ultimately be taken for the extirpation of the banditti who find an asylum in countries composing part of the Sindh territory. Should such a measure ever be contemplated, and were a war with the Amirs to be the consequence, it ought not to excite any uneasiness. The success of any attack on Sindh cannot be be doubted, provided the proper season of the year is chosen. The policy of such a measure is more problematical. In our present situation, we cannot be provided with a better frontier than that which we have in the desert; and the independence of the Jhárejá chieftains in Cutch ought to be particularly cherished by us. The only advantage which we can hope to attain, and by far the most important, is by a commercial connexion with Sindh, to which our views should be restricted; unless appearances in European policy should be such as to dictate the propriety of establishing some degree of influence at the court of a state possessed of great resources for the supply and convenience of armies. - ART. XXI. Some Account of the Systems of Law and Police as recognised in the State of Nepál, by BRIAN HOUGHTON HODGSON, Esq. M.R.A.S., of the Bengal Civil Service, Resident at the Court of Kathmandu, &c. &c. Introduction. [With a view to obtain correct and authentic information on the subject of Nepalese law, both in its theoretical principles and practical administration, Mr. HODGSON addressed a series of questions to several individuals who were judged most capable of replying to them in a full and satisfactory manner. Copies of these series of interrogatories, with their respective answers, have been communicated by him to the Royal Asiatic Society (together with a separate paper on crimes and punishments); and the following article has been drawn up from a careful comparison of the whole, excluding as much as possible the repetitions unavoidably occurring, in many instances, in the various answers to any particular question. A reference to the works of KIRKPATRICK, HAMILTON, and others, will shew how little has hitherto been contributed to the knowledge of Europeans respecting Oriental systems of jurisprudence, as far as regards the kingdom of Nepál; it is therefore particularly gratifying to be enabled to produce so complete a view of the subject as has been furnished by Mr. HODGSON, whose perseverance and energy in obtaining an acquaintance with these and other matters hitherto kept sacred from all strangers, are only equalled by the intelligent and liberal manner in which he communicates to the public the information he has acquired. -ED.] ON THE LAW AND POLICE OF NEPÁL. Question I.-How many courts of law are there at Kathmandu ? What is the name of each? Answer. There are four Nyáyasab'hás; the first and chief of which is called Kót Linga; the second, Inta Chapli; the third, Taksár; and the fourth, Dhansár. [Another answer mentions four additional courts; viz. the Kósi,* the Bangya-bit'hak,† the Daftar Khána, and the Chibhandel. In the Kósi, the Sirkárt itself administers justice. * Also called Bháradár Sab'há, or great council of state. + Also called Kamári Chok. The government, or its representative. * The Bangya-bit' hák is the general record-office of the fisc, and a separate dit'ha presides over it. It is also a Mahal-Adálat.+ The Kót Linga, Inta Chapli, Taksár, and Dhansár, are the proper Adálats, exercising both civil and criminal jurisdiction. In the Daftar Khána, the disputes of the soldiers relative to the lands assigned them for pay are investigated, and the Chíbhandel is a tribunal for the settlement of all disputes relating to houses; neither of these courts possesses criminal jurisdiction; and whatever penal matters may arise out of the cases brought before them are carried to the Inta Chapli. All these Adálats are situated in the city of Kat'hmandu, and within eighty or ninety paces of each other.] Question II.-What are the territorial limits of the jurisdiction of each court? Answer. There are no limits expressly assigned. Any citizen of Kathmandu or Bhatgaon, or any subject dwelling in the provinces, may carry his cause to any court, provincial or superior, that he pleases. [Another answer says, that whencesoever a civil suit comes, and whatever may be its amount, it may be heard in any of the four courts of the capital at the plaintiff's pleasure; but that grave penal cases must be carried to the Inta Chapli.] Question III.-Are the four Adálats of the capital of equal and co-ordinate authority, or how far is one subjected to another? Answer. The other courts of the capital are subject to the Kót Linga, in which the supreme judicial officer or dit'ha personally presides. Question IV.-Do the courts of the capital always sit, or have they terms and vacations? Answer. They always sit, with the exception of fifteen days in the twelve months; viz. ten days at the Dasahra, and five days at the Dewáli, during which the courts are closed. Question V. Are the courts of the capital permanently fixed there; or do their judges, or any of them, make circuits, civil or criminal? Answer. They are fixed, nor does any judicial authority of the capital ever quit it. When necessary, the dit'ha sends special judges (bichári) into the provinces. Question VI.-In what cases does an appeal lie from the supreme or provincial courts to the Bháradár Sab’há? Answer. If any one is dissatisfied with the decision of the courts * A superintending minister of justice, who does not try causes, over the conduct of the court.. B. HAMILTON. A court for questions relating to land revenue.-ED. + Dasahra and Dewáli; public festivals. but watches of the capital on his case, he may petition the government, when the bháradárs (ministers) assembled in the Khólcha (palace) receive his appeal and finally decide. [Another respondent says: If the matter be grave, and the party, one or other, be dissatisfied with the judgment of the courts of law, he applies first to the premier; and if he fails in obtaining satisfaction from him he then proceeds to the palace gate, and calls out, "Justice! justice!" which appeal, when it reaches the raja's ears, is thus met: four kájis, four sirdárs, four eminent panch-men, one dit'ha, and one bichári, are assembled together in the palace, and to them the matter is referred, their award being final. Question VII.-Are the bháradárs, or ministers, assisted in judicial cases by the chief judicial authorities of the capital, when they hear appeals in the Bháradár Sab'há? Answer. They are: the dit'ha, the bicháris, and the dharmad'hikári, sit with the ministers in such cases. Question VIII.-What concern has the dharmáďhikári with the courts of law in civil and penal cases; and of a hundred cases brought before the courts, what number will come in any way under the cognizance of the dharmád hikári? Answer.-Eating with those with whom you ought not to eat; sexual commerce with those between whom it is forbidden; drinking water from the hands of those not entitled to offer it; -in a word, doing any thing from negligence, inadvertence, or licentiousness, by which loss of caste is incurred, renders the sinner liable to the censure of the dharmadhikári. He must pay the fine called Gáo-dán to the dharmáď hikári, who will cause him to perform the prayaschitta.† In such matters only has the dharmáďhikári any concern. Question IX.-Is any pursuer-general or defender-general recognised in the system? Answer.-No; none whatever. Question X.-If the prosecutor fail to appear at the trial of an offender confined at his instance, is the offender dismissed, or what course is taken? Answer. The offender is not dismissed but remanded to confinement, and the trial is deferred. Question XI.—What, and how many, provincial courts are there? Answer. For the provinces west of the capital there are two courts constituted by the supreme judicial authority there; that is, the Diť'ha: and the provinces east of the capital have also two courts similarly constituted. * A high law officer; the chancellor. + See Question XXX. Question XII.-Is the regular appeal from the provincial courts of justice to the ordinary courts of the capital, or to the bháradár sab'há? Answer. To the supreme court of the capital, or Kót-Linga. Question XIII.-Are not the powers of the provincial courts regulated with reference to the rank of the officer who happens to be nominated to the charge of the province? In other words, what are the limits of a provincial court, of a súba, of a sirdár, and of a káji? Answer. They are not; whatever may be the rank of the officer commanding in the province for the time being, the authority of the provincial court is always the same. [Another answer states, that generally all grave criminal cases are carried to the Sadr Adálats ; and the officer receiving charge of a province has a clause inserted in his commission prohibiting him from exercising judicial authority in certain offences. These are termed Panch-khát ;* viz. 1, Bráhmahatya, or slaying a Bráhman; 2, Gouhatya, or killing a cow; 3, Stríhatya, or killing a woman; 4, Bálahatya, or killing children; and 5, Patki, and all unlawful intercourse of the sexes, such as incest, adultery, or whatever involves a loss of caste by the higher party. All penal cases, with the exception of these five, which must be reported for the direction of the sirkár, and all civil cases whatsoever, are within the jurisdiction of the provincial authorities.] Question XIV.—When a súba, sirdár, or káji, is appointed to the government of a province, does the dharmád’hikári of Kathmandu send a deputy dharmáďhikári with him? or, the diť'ha or bichári of Kathmandu send a deputy bichári with him? or, does the provincial governor appoint his own judicial officers, or does he himself administer justice in his own province ? Answer. The provincial governor appoints his own judicial authority, called usually foujdár, who transacts other business for the governor besides the administration of justice. The foujdár's appointment must, however, be ratified by the darbár. Question XV.-What are the names and functions of every officer, from the highest to the lowest, attached to each Sadr and provincial court? Answer.-At the capital, one dit'ha for all the four courts; and for each of them two bicháris, one jámadár, twenty-five sipáhís, twentyfive mahánias, and five chaprússís. The dit'ha gives orders to the bichári, the bichári to the jámadár; and the jámadár to the sipáhís * Panch, "five," and the Arabic, lbi "a crime, sin, fault." |