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Peach and Pomegranate must, no doubt, however, have travelled South, as probably did also the Poppy, now so extensive an object of cultur in the cold season of India. In the North of India, therefore, much may be done, and here Steam Navigation proceeding from the S. of Europe to Bombay, and thence overland for seeds, or up the In dus for plants, affords every desirable facility.

I, therefore, confine myself in the following observations to "the introduction into India of the useful and ornamental plants of England," begging leave, however, to substitute Europe for the latter, and including in my summary some of the plants of N. America. On account, however, of the peculiarity of N. of India climate, it is hardly possible to mention these without some notice of the Tropical plants, which may be, and are cultivated

with them.

The Southern Province of India, including Bengal and the Lower Provinces, with much of the Peninsula, being of a tropical nature in climate, with little cold weather, are chiefly suited for the cultivation of the plants, whether annuals or perennials, of the intra-tropical islands and of the warm parts of America and Africa. As the tropiclike rainy season however extends over all India, its peculiarities of a tropical climate, heat and moisture, with considerable uniformity of both, prevail over a great extent of territory for a few months in the year, and, therefore, in the most northern parts we have the cultivation of Rice, Sorghum, Indian Corn, and other tropical grains, in the very same fields where in the cold weather months, we have Wheat and Barley, with

Peas and Beans. This double climate and double culture, it is necessary to notice, in order to have a complete view of the nature of the country and climate of N. In lia.

subsequent distribution of plants which have succeeded in the Depot Gardens, niust of course be determined by various circumstances, but the first should only be sent to favourable localities, as failure is apt to discourage further attempts. The next subject of attention, and for which the preceding observations are only preparatory, is the kind of plants best suited to the northern parts of India and the Himalaya Mountains. Here we must be guided, not only by the nature of the plants with respect to vicissitudes of temperature, but also their usefulness-their annual or perennial nature, and in noticing the climate into which we wish to introduce them, take care to compare it with that from which they are to be introduced. The plants to be introduced may be considered with respect to their usefulness, or to their fitness for different kinds of climate. In the former case the inhabitants or Fodder for their Cattle, such as are we should arrange them under the heads of Food for likely to be useful in any of the ordinary arts of life, or those which may afford products likely to become arti cles of Commerce. Merely ornamental plants should not be neglected, nor those remarkable for their oriour, as both gratify the senses, and offer inducements to many to pay attention to gardening, when other more useful plants are necessarily introduced, and with little additional expense. Fruit trees might appear to many as their increasing the proportion of esculent matter in a not included among useful plants, but independent of country, they might become sources of considerable com merce between the plains and mountains of India, as is now the case with Cashmere.

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64, 55, From the middle of October to the middle of April, the various useful and ornamental plants of European cli mates may be successfully cultivated. The minimum of temperature in January is 25o, Fahr, and the maxi mum 1059 in June.

The nursery which I established at Mussooree in the Himalayas at 6,500 feet of elevation, though 50 miles distant, is very convenient for the introduction of European plants. Mussooree has a minimum of only 25°, and a maximum of 80o of Fahr. showing, that the equability is greater than in the neighbouring plains. The mean temperature is about 57° and of the months of

Jan., Feb, March, April, May, June, July, Aug., Sept, Oct. 42, 45, 53, 59, 66, 67, 67, 66, 64, 57, Nov, Dec.,

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There is another class of plants to which I paid considerable attention when in India, and which form the chief objects of my present duties, and that is Medicinal plants. I was first requested to do so by the Medical Board of Bengal, and Î cultivated many articles which were pronounced after trial in the General Hospital at Calcutta to be of the best quality. Dr. Falconer, the present able Superintendent of the Saharunpoor Botanic Garden, writes me that Extract of Henbane which I first cultivated and manufactured, still contiuues to be sup plied from the Sehara-npoor Garden to the Hospital De. pots. In the same situation, and in the Hill Nursery inany other medical plants now sent from this country, might there be successfully cultivated, and thus be not only more cheaply produced, but also prescribed in a fresher state.

May, June, July, Aug., Sep., Dec. 66, 67, 66, 57, The climate having been proved favourable, little difficulty will be experienced with the soil or with irriga tion as far as the experiments are concerned, The

Keeping these several objects in view, I have thought it preferable for practical purposes, that in the opere. tions of borticulture, and the selection of sites for the experiments, to arrange those plants I have as yet been able to think of, in three separate lists, according to the selection for which they are suited.

1. Annuals fit for cultivation in the Plains of India in the cold weather, and in the summer of the Himalaya.▾ 2. Perennials probably suited to the Plains of N. W. India.

3. Perennials suitable to the Himalayas. Besides the plants mentioned in the respective lists, I have long thought it a very interesting subject of enquiry to ascertain by experiment, whether the grains, the people of India possess in common with Europe, are of the same degree of goodness and equally prolific-as for instance their Wheat, Barley, Rape and Mustard seeds, &c. Some of the plants which I have included in my lists, are intended to be useful for their products, which may become objects of Commerce, but this involves another subject of enquiry, and that is, whether the analogous substances which India naturally possesses, are superior or inferior in quality to those cultivated in other parts of the world.

It is probable that some of those enumerated in the companying lists may not be suited to the localities ind cated, and a still greater number that might be suited to

them, are, I am well aware, entirely omitted. But this ject,-a Committee be formed for the purpose of sug. has been for want of time to give the subject the full gesting such plants and trees as may be thought deconsideration it deserves, but as this, to be successful to sirable for introduction into India, and those that can any great degree, must necessarily be carried on for a few be furnished in return, and that the Committee be years, I shall be happy to return to the subject, if required, instructed to obtain communications from the Branch and point out the plants suited for cultivation in different Societies and other available sources throughout India. parts of India, As an instance of what may be done, Dr. Spry Though failure may attend some, I am well satisfied cited the Capuliferæ family of plants, and stated that that success will attend the majority of instances; and feel there were no fewer than twenty-two species of the the utmost confidence in stating that if the subject of the Oak, com.non to the Himalayan rauge, that have never introduction of useful plants, suited to the different parts yet been seen in England. Dr. Spry further mention. of India, be continued, and the principles which should d, that it bad occurred to him some time since to guide their attempts not be neglected, that very bene write to Colonel Llord at Darjelling, on the sub. ficial results will in a few years be evident to all,ject of these Oaks requesting that he would be so oband that if this be combined with an investigation of, andliging as to bave collected, as abundant a supply of publication to the manufacturing world of the very varied natural products of India, an increase of the commerce and resources of that empire will ensue, to an extent anticipated by few, but of which after long attention to the subject, I feel well assured, and hope to be able to prove to the sceptical,

I have the honor to be, Sir, your most obedient humble

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DEAR SIR, --In forwarding the accompanying seeds and specimens of fine Cotton grown in Naples, allow me to state that I think it is very well suited for experiment, and will arrive in India at a very good time for ensuring a successful experiment. I do not myself think that the species is distinct from the Upland Cotton of the Americans-but the subject is so uncertain, that nothing but authentic specimens can enable one to give a decided opinion.

I hope these seeds may be sent by the Overland conveyance with the others, if the Court determine upon the measure. I forgot to mention in my letter, but which I stated to the gentleman who called on me from the India House, that I did not recommend all, or indeed any great proportion of the seeds and plants, enumerated in my list, to be sent at once, as they would only confuse, and prevent the experiment being carefully made. I would select the seeds of some of those useful as foodothers as Medicinal articles, and some for their Com. mercial value. To the list I would add the common Spanish Chesnut, which seems well suited to Northern India, and the Himalayas-and would yield an addi tional article of food to the inhabitants of the Mountains who are sometimes forced to subsist upon Acorns and bitter Horse Chesnuts.

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At the conclusion of the reading of the above im. portant communication, the assistance of the Society in aiding the intentions of the Home Government in so useful and philanthropic an undertaking, was fully accorded, and the despatch with its accompanying documents, were ordered to be printed in full, while Mr. Piddington gave notice of, and Mr. Robison seconded, the following motion :

That in reference to the communication now read from the Hon'ble the Court of Directors of the East India Company, and with the view of aiding as far as possible, the intentions therein expressed, and the labours of those scientific gentlemen at home who hure so kindly interested themselves in the sub.

acorns of every sort as possible, and that if young trees could be forwarded at the commencement of the cold weather, ther might be brought through the plains of Bengal with little risk, and sent on board ship for conveyance to England.

A SUMMARY OF THE SOCIETY'S ENDEAVOURS TO INTRO. DUCE THE SUPERIOR KINDS OF COTTON INTO INDIA. The President next called attention to a Summary of what had been done by the Society, from its institu ion, to improve the Cotton cultivation of India, which the Secretary bad prepared in answer to the communication read at the last Meeting, from the Bengal Chamber of Commerce.

Mr. Dearie recommended that as the subject was Commerce, and many other similar institutions in one equally interesting to the Glasgow Chamber of Great Britain, that the information embodied in this Summary should be printed in the form of a pam. blet, and it was at leng b determined that after trangmitting a Manuscript copy to the Bengal Chamber of Commerce for the Manchester Chamber, that the Sammary should be printed in the monthly Proceedings of the Society, and that one hundred and fifty copies xtra, should also be printed for circulation through. out Great Britain.

REPLY OF THE BENGAL GOVERNMENT TO THE APPLI

CATION RELATIVE TO THE DISCRIMINATING DUTIES ON
TOBACCO AND RUM.

To H. H. SPRY, Esq., M. D.

Secy to the Agrl, and Hortl. Society. SIR-I am directed by the Hon'ble the President in Council to acknowledge the receipt of your letter dated the 8th instant, and in reply to state that a reference bas already been made by the Government to the Hon'ble the Court of Directors, at the instance of the Chamber of Commerce of Calcutta, pointing out the expediency of obtaining from the authorities in England, an equalization of the duties levied on Tobacco, the growth of India, when imported into England, with those fixed for the same article when produced in other Colonies in possession of Her Majesty.

2. With respect to Rum, the question is more complicated, but His Honour in Council will be glad to learn that the representation submitted by you to the Home Authorities will be effectual in obtaining an equalization of duties on this article also, when conveyed from India, not only to Europe but to all the Colonies and Possessions of the Crown of England. This subject has likewise been brought by the Government to the notice of the Home Authorities. I have, &c, (Signed) H. T. PRINSEP, Secy. to the Govt. of India.

Council Chamber, May 15th, 1839.

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FLORA OF CALCUTTA.'

Meeting. The letter was one of great intereat as setThe Secretary next submitted to the Meeting a porting forth the success, which has attended Lieur, tion in M. S. of the Flora of Calcutta which had been Kirke's efforts to introduce the European cultures into forwarded to him, for presentation to the Society by the congenial climate of the sub-Himalayan range, and Mr. Masters, late head gardener at the Hon'ble Eas:ffords a convincing proof of the capability of our Northern soil for naturalizing the productions of the India Company's Botanic Garden, Calcutta. Western world. Lieut. Kirke states, that he has white The title which Mr. Masters gives to the work is broccoli growing in his grounds, measuring 14 inches "Calcutta Flora, containing a synopsis of Plants in diameter, and as white as those in England. The indigenous to, or cultivated in, the vicinity of Cal. Parsuip thrives in great perfection, as well as the cutta-arranged according to their natural families. Mangul Wurzil and numerous other things in the vage. with observations on the properties and manner of table way, the seed from which, Lieut. Kirke hopes to cultivating some of the most interesting."-and in be able soon to send to the Society. The whole of bis letter to the Secretary, Mr. Masters states, that, the Ame ican seeds grew beautifully, and Lisut. Kirke for a period of three years, he has been employed, more considers them to be certainly superior to the Cape or less, on the preparation of the work. Mr. Masters seeds. Hops are growing famously and their success designed this only as the first part. The second to is certain. contain

Among the items in this interesting communication 1st.-General observations on the cultivation of is the announcement, that the Sugar Cane has been plants. 2d-Lists of the most approved fruit-bearing successfully grown by dipping each piece of Cane into plants, with their scientific and local names, and a common white wash and little quicklime sprinkled description of the most successful mode of propaga over the surface in the trenches. By pursuing this tion. 3d.-Lists of ornamental flowering plants, babits, metbod, Lieutenant Kirke states that every eye grew time of flowering, &c. 4tb.-Lists of medicinal and and a white ant has not yet attacked them. The day spice.bearing plants, their propagation and culture. before writing his letter, Lieutenant Kirke had the 5th.-Culinary vegetables, best modes of culture. &c curiosity to examine an entire begab, and he found that 6 b.-Miscellaneous list, best suited to field culture. not a single slip had been touched, although the plant 7th.-Timber trees and such plants as yield articles of had been in the ground for upwards of six weeks commercial value. 8th.-Domestic and commercial the same land, last year not a single cane could be articles, the produce of Indian plants. 9th,-A Calen. grown. Canes dipped into very thick white wash on dar of monthly operations; and 10th -A copious Xmas day, appeared above ground in six weeks from that time, and not a single cane was touched by white

index.

Mr. Masters states, that omitting mosses, mush-ants. Many experiments Lieutenant Kirke mentions rooms, lichens, and sea weed, of which he is not able baving tried, to protect canes from the ravages of the to give any account, there are probably about 3972 white ants; but nothing be has ever tried bas ever species of plants in and about Calcutta. This, Mr. Masters states is a greater number than can at present be found in the Company's Garden. Mr. Masters' own catalogue when be left the Botanic Garden in September last year (1838) contained 1158 genera and 3609 species.

Just as Mr. Masters had finished page 44 he was suddenly interrupted by receiving an appointment and states that he has therefore been compelled to give up all idea of completing the work at present, He hopes, however, to find leasure hereafter to carry his undertaking to completion.

OTHER

CONSIGNMENT OF VALUABLE CASHMERE AND
FRUIT TREES FROM THE HON'BLE COMPANY'S GAR-
DEN AT SAHARUNPORE.

Dr. Falconer, in a letter to the Secretary, mentions having despatched from the Botanic Garden at Saba runpore on the 24th March "several very choice vari eties of Cashmere Apples and Pears, and the Muska Sahibee and Kishmishee Grapes, which are excellent and likely to prove new to Calcutta." The consignment in all amounts to 19 boxes containing 81 plants. The boat is daily expected.

COTTON AND INDIGO SEEDS FROM EGYPT.
A letter from Mr. Wagborn's House at Cairo was
read intimating their gratification at being able to pro-
mote the interests of the Society, and their intention
"to attend forthwith with respect to the Cotton and
Indigo seed," required by the Society.

ACCLIMATATION OF THE FLORICULTURE OF EUROPE IN
THE VALLEY OF DEYRAH-AN IMPROEVD MODE OF
PROTECTING SUGAR CANE FROM THE RAVAGES
OF ANTS-TEA PLANTATION At Khote.

A communication, through Dr. Wallich, from Lieut.
Kirke, Resident at Deyrab, was next read to the

Proved so successful as the white wash, and he desires of the Members of the Agricultural and Horticultural particularly that the fact may be brought to the notice Society.

Lieutenant Kirke mentions that the bast of all canes is "Sleeman's Mauritius Cane." The strength of the tried by the Saccharometer, and that obtained from juice from Sleeman's, Colvin's and indigenous cane was leeman's cane, had 21 degree more saccharine matter than the native, and 4 degrees more than Colvin's, besides which Lieutenant Kirke states that the latter (Colvin's) does not ripen well in the Deyrah valley. Lieutenant Kirke mentions that the Tea plantations at Kbote are thriving splendidly-that a great quantity of seed has been sown this year at the plantation, while that sown at Churjuree and Barcher has failed. la four years, Lieutenant Kirke thinks, the cultivation could be made to pay a bandsome revenue. The place moreover is calculated for the Hop cultivation,

In the Floricultural Department, Lieut, Kirke has his garden stocked with numerous very beautiful things, such as double anemones, "ouble renascules, both in full bloom and of every colour, double dahlias of 30 or 40 different sorts, double caruations, jou. quills, daffodils, byacinths, both double and single, proteas, and calendriuias, all of which Lieut. Kirke thinks very few if any, in this country have besides himself in such perfection. The beart's-ase plants are superb ekyzantbus seed, eschscholtzia california, and crocca are to be sent down shortly, and there are three maunds of Dahlia roots lying in the verandah of Lieut. Kirke's house, ready for any member who wishes for them on application to that gentleman.

For all the foregoing presents and communications, the thanks of the Society were awarded.

HENRY H. SPRY, M. D., Secretary. Hurk, May 14 and 15.

THE SOI-DISANT RAJAH PERTAB CHUNDER.

SENTENCE.

Extract from the proceedings of the Presidency Court of Nizamut Adawlut, under date the 13th June 1839. Present W. Braddon and C. Tucker, Esquires Judges.

Read letter No. 39 dated the 23d January last, from the Session Judge of the Zillah Hooghly, the proceedings held on the trial of Alak Shah alias Rajah Pertaub Chunder, son of Rajah Tez Chunder alias Kistololl Pauree Bramacharree and others, charged the prisoner first named, viz.

"Alak Shah, alias Rajah Pertaub Chunder, alias Kistolololl Pauree Bramhniacharee, charged with gross fraud and imposture, in falsely and fraudulently, assum. ing the name of the deceased Maharajah Dheraj Pertaub Chunder, Bahadoor, formerly zemindar of Burd. wan, and pretending, in various places, during the last two years, to the great disturbance of the general peace and quiet of this country, that he is in verity the afore sad zemindar of Burdwan, and that the zemindary of Burdwan belongs of right to him; and in obtaining mo. ney from various individuals and more particularly from one Radhakissen Bysack, dewan of the Government Treasury in Calcutta, by means of these and such like faise pretences. 2nd count. And charged further with having, in furtherance of the fraudulent pretences abovementioned, instigated and prevailed on divers sub. jects of the British Government, and others, to the num ber of 300 and more, unlawfully and tumultuously to assemble, at or near the town of Culna, in the district of Burdwan, such proceeding being intended or eminently calculated to produce a most serious breach of the peace, and with having there remained, at the head of this unlawful assembly, from the 13th of April, 1838 corresponding with the 20 of Bysack 1245, up to the 2d of May 1838, corresponding with the 21st of Bysuck 1245, and with having, during that period, on various occasions, by the display of superior force, resisted, and set at defiance, the constituted authorities of the district, he the said Alak Shah, alius Rajah Pertaub Chunder alias Kistololl Pauree Brahmacharee, having previously, on the 4th August 1836, been convicted of a similar offence, before the Sessions Court of this District of Hooghly.".

The court having duly considered the proceedings held on the above trial, and the futwa of the Law Officer thereon, pass the following sentence :

Kistololl Pauree Bramacharree, to pay a fine to Govern ment of one thousand rupees, and in default of payment to be imprisoned in the Jail of Zillah Hooghly for the period of six months.

The Court observe that the remaining prisoners, Radakistno Ghosaul, Hazif Fatoo-oolah, Sagur Chunder Dhur, Cally persaud Sing, Joomun Khan, and Rajah: Nurrohur Chunder, have been acquitted and released by the Session Judge.-Hurkaru, June 17.

True Extract.

(Signed) J. HAWKINS, Registrar.

TO THE JUDGES OF THE PRESIDENCY COURT OF NIZAMUT ADAWLUT.

The petition of Maba Rajah Dho
Raj Pertaub Chund Bahadoor,
sued under the alias names of
Alak Shah and Kistololl Pauree,
Bramacharree.

HUMBLY SURWETH,-That your petitioner is aggrieved by the proceedings and sentence of this Honourable Court, under date the 13th day of June last, and he earnestly prays that the said sentence may be taken into reconsideration, for the following reasons:

I. Because the said sentence appears to have the effect of deciding for ever the question of the civil claims, advanced by your petitioner, which your petitioner was about to submit to solemn investigation in the civil tribunals of this country, both of her Majesty and of the Honourable Company, and which your petitioner had already brought before Her Majesty's Supreme Court, in a certain action of ejectment at present pending, and sus pended only during the progress of the protracted criminal proceedings, first instituted against your petitioner upward of a year ago, before the authorities of Hooghly.

11. Because, even if the said sentence has not the effect of so deciding such civil claims, your petitioner is advised that he cannot safely venture to bring forward the said claims in any Civil Court of Justice whatsoever, without being liable to a second prosecution for the alleged crime of "personation for bis own advantage;' and for the same reason, your petitioner is doubtful whe' ther he may not be now rendering himself liable to certain pains and penalties for contempt of Court, and for a repetition of his supposed offence, by presenting this humble petition in the name and title which he assumes to belong to him of right.

The futwa of the Law Officer of the Nizamut Adawlut declares, that false personation for one's III. Because notwithstanding the great length to own advantage, is an offence under the Mahomedan law; which the late criminal proceedings against your peti that no specific punishment is laid down for such offence, tioner extended, there has been yet nothing approaching but the punishment is at the discretion of the Hakim, with a view to restrain the offender, respect being had to a fair, complete and satisfactory trial of the question to the circumstances of the offender, and the character of your petitioner's identity, in proof of which position, of the offence, which of itself is apparently of a trivial be craves permission to submit the following reasons, to

Asture.

The Court convict the prisoner Alak Shah, alias Rajah Pertaub Chunder, alias Kistololl Pauree Bramacharree, of so much of the first count, as charges him with gross fraud and imposture in falsely and fraudulently assuming the name of the deceased Maha Rajah Dhe Raj Pertaub Chander Bahadoor, formeely Zemindar of Burdwan and pretending that the zemindary of right belongs to him. They acquit him of the other of fences with which he stands charged, and sentence the said Alak Shah, alias Rajah Pertaub Chunder alias

which he entreats the serious attention of this Honourable Court.

1stly. That a variety of heterogeneous charges being preferred against your petitioner, including the collecting of tumultuous assemblies, personation, riot, and the obtaining of money on false pretences, your petitioner's advisers were distracted by their number and multifari ousness, aud devoted their attention only to procuring the acquittal of your petitioner upon such part of the charges as appeared to involve criminality; whereas your petitioner being now acquitted of all of the said charges, except that of personation alone, his advisers would now

be able to devote their whole attention to meeting the said question of identity, and that alone.

2dly. That your petitioner being during the whole progress of his trial, closely immured in prison, without liberty of bail, (although offered to any required amount) necessarily laboured under the most serious disadvan tages; whereas he would now have an opportunity, as in justice and fairness ought to be allowed to him, of communicating with his friends and advisers from time to time during the progress of the enquiry, and, person ally superintending and directing the management of proceedings in which he is so vitally interested.

his claim to the title of Rajah Pertaub Cbunder; which witnesses were not produced, the Magistrate and Sessions Judge openly declaring that the Sessions Court, sitting as a Criminal Court, had no power to compel the attendance of witnesses for the defence; and your petitioner sheweth that the Perwannahs for the prosecution were made out in heavy penalties, and that the attendance of the prosecution's witnesses was enforced by attach ment and seizure of their property, and that the Per wannahs issued for the attendance of the witnesses for he defence contained no such penalty, and the attendance of such witnesses was not enforced by any compulsory process.

3dly. That your petitioner's legal advisers having Your petitioner therefore sheweth, that he is ready and been always under the firm conviction that " persona willing, and hereby undertakes to deposit immediately the tion" of a deceased person, without proof of some said fine of Rs. 1000, and (this Honourable Court hav specific ulterior consequences, could never amount to a ing now decided that it has power to take cognizance of tangible crime, inasmuch as there is nothing whatever the bare question of identity,) to go into full evidence in the Regulations or in Hindoo law, (your petitioner on that point alone, and to abide by the result of the being himself a Hindoo) to make it criminal, and there inquiry, provided that the presiding Judge shall be daly is manifestly a difference of opinion whether it be crim-invested with full power and authority to compel and nalfor not according to Mahomedan Law, - only went enforce the attendance of all witnesses subpœnaed for into that part of their case under solemn protest, reser- the defence as well as for the prosecution, and your petiving material evidence on the point of identity until tioner submits that upon the deposit of the fall amount the contemplated civil trial should take place; which of the said fine, no failure of justice and no injury to the said reserved evidence would now be produced, your public can possibly accrue by granting a new trial, as ta Honourable Court having been pleased to decide, that so much of the charge against your petitioner as relates such question is cognizable in this Court, although a tri- to the mere question of his identity; and he confi len ly bunal of Criminal Judicature. submits to the consideration. of this Honourable Court, whether the said want of opportunity of giving full evidence and producing all his witnesses, is not of itself an amply sufficient reason, even if no other existed, for the granting of such new trial.

4thly. That an additional reason why certain evidence was voluntarily reserved, was, that your petitioner's advisers, considered, that at all events it was sufficient to succeed in throwing a doubt upon the question of iden tity, instead of going fully into the matter before a Criminal Court; and your petitioner submits that it would have been highly unreasonable to require him to open up the whole case of his civil claims in a mere criminal proceeding, where, even if he were acquitted, the sentence could not possibly have availed him as evidence of his right, but he would have been left afterwards to establish that right as he best could, before a civil tribunal.

5thly. That besides these voluntary reasons for with holding part of his evidence, there existed causes, quite beyond your petitioner's control, inasmuch as your petitioner applied for Perwannahs for several witnesses, necessary and material for his defence, and in support of

Your petitioner therefore humbly prays that, upa depositing the said fine of Rs. 1000, this Honourable Court will be pleased to review, or set aside, or suspend so much of the said sentence as relates thereto, and to grant a new or further trial of so much of the said charge as relates to the said question of your petitioner's lenity, with liberty to produce further evidence, if necessary both for the prosecution and the defence,and with fail power vested in the presiding Judge to enforce the attend. ance of all the witnesses subpoenaed, and with sach. other directions, and upon such other conditions and limitations, as to this Honourable Court shall seem fit and just. And your petitioner, as in duty bound, shall ever pray, &c.-Hurk. Juue 20.

SUPREME COURT.

SATURDAY, JUNE 15, 1839.

THIRD TERM OF 1839.

Before Sir E. Ryan, Sir J. P. Grant and Sir H. W. Seton. Their Lordships came into Court at half past eleven, but no business was done except the taking of common

motions.

being able to deliver their judgment on the first day of term, but unfortunately we are not yet prepared to do so, although all the Judges have been occupied in little else throughout the vacation, than in carefully and anxiously examining the very voluminous pleadings and evidence in this cause. We are not yet prepared to say that the complainant is entitled to relief oa this side of the Court, but we are all unanimously of opinion that he is entitled to compensation and relief either at law or in equity. We are of opinion that there has been a great deal of irregualrity of proceeding on both sides; that there has been very much of useless prolixity; and that a great amount of quite unnecessary expence has been incurred. The Court have now certain suggestions to offer for the consideration of the counsel. This case, in which the argument last term occu- on both sides. Either that a reference should be made to pied about a week, and in which judgment was postpon-the Master, by consent, to inquire whether the com. ed, was mentioned this morning by plainant is entitled to any and what compensation, dis

James Hume, Esq., of the Inner Temple, Barrister at Law, was sworn in, and admitted to practise as an Advocate in the Supreme Court.

RAJAH GOPEEMOHUN DEB V. THE EAST INDIA COMPANY

AND THE LOTTERY COMMITEE AND OTHERS.

Sir Edward Ryan, C. J.-The Court were in hopes of tinguishing the right in which he may be entitled, with

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