Sidor som bilder

AMES BARBER and Co., Agents for Passengers to

India, China, and the Colonies.- Captain Barber trusts that his long experience in the East-India Company's Maritime Service, together with his personal knowledge of all the first-class Ships, fully qualifies him to furnish overy information that can possibly be required for the voyage.


Esses ..

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:: Sailed.

1845. HE following superior FIRST-CLASS SHIPS, be

, for the India Trade, will leave_GRAVESEND at the appointed dates. Last Shipping Day in the East-India Docks Three Days previously.

Each Ship carries an experienced Surgeon.


W. H. Brewer

Sailed. Samarang


w.n. Howard ::

For MADRAS direct. Minerva (new Ship).. 830

J. Geere


J. T. Nash

July 3.
For CALCUTTA direct.


W. A. Bowen, H.C.S. July 20. Queen

Donald M.Leod

Sept. 1.
True Briton ..

C.C. Consitt

Aug. 15. For Freight or Passage, apply to the respective Commanders, at the Jeru. salem Coffee-House; or to WIMBLE & ALLPORT, with Messrs. WIGRAM, 98, Gracechurch Street, corner of Leadenhall Street.


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Alfred (new) •

Duke of Argyll
Northumberland (Cape)
True Briton (Cape).

CALCUTTA. Maidstone (Cape) Agincourt (Cape) Southampton Gloriana (Cape) Monarch Earl of Hardwicke Tudor Prince of Wales Queen Windsor

July 3 July 10 July 20 July 20 July 26 Aug. 10 Aug. 20 Aug. 26 Sept. 1 Sept. 26

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For Freight or Passage, apply to JAMES BARBER and Co., 17, St.

Mary Axe.


Aug. 20. Aug. 10.



For Freight or Passage, apply to Capt. JAMES BARBER, 17, St. Mary Are;

or to Capt. WILLIAM FULCHER, at T. & W. SMITH'S, 78, Cornbill.




BOMBAY, við EGYPT.-The Peninsular and Oriental Steam Navigation Company book PASSENGERS for Ceylon, Madras, and Calcutta direct, by Steamers leaving Southampton on the 20th, and for Alexandria, en route to Bombay, on the 1st of every month. For rates of passage-money, plans of the Steamers, and to secure passages, apply at the Peninsular and Oriental Steam Navigation Company's Offices, 51, St. Mary Axe, London; and 37, High Street, Southampton.

CADETS and ASSISTANT-SURGEONS.- Messrs. GRINDLAY & Co. have prepared the most complete and detailed scales of equipment for Cadets and Assistant-Surgeons, combining efficiency with the utmost economy, and shewing at one view the total expense of an equipment for India, including the passage, and every other expense.

CALCUTTA, MADRAS, BOMBAY, and CHINA.-Plans and particulars of all desirable Ships proceeding to the above places may be seen, and Passages negotiated free of expense, on application at either office. Baggage collected, shipped, and insured.

Messrs. GRINDLAY and Co. continue to receive and forward packages by the Overland Mails. Passengers to India, through the Continent, supplied with circular letters of credit, and all necessary information.



MONTHLY MAIL STEAM COMMUNICATION between ENG. LAND and CHINA, by the Overland Route.-The Peninsular and Oriental Steam Navigation Company beg to announce that they will BOOK PAS. SENGERS THROUGHOUT from ENGLAND to PENANG, SINGA. PORE, and HONG-KONG, by their Steamer leaving Southampton, on Fri. day, the 20th June, and on the 20th of every month afterwards. Length of passage from Southampton to Hong-Kong, about 50 days. Apply at the Peninsular and Oriental Steam Navigation Company's Offices, 51, St. Mary Axe, London.

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In 2 vols. 8vo. cloth lettered, 24s.

KHIVA, MOSCOW, and St. PETERSBURGH, during the late Russian Invasion of Khiva ; with some account of the Court of Khiva, and the Kingdom of Khaurism. By Capt. JAMES ABBOTT, Bengal Artillery. With Map. ..". The details of his mission are so novel and interesting, that it is impos. sible for them to lose their interest with the British public.”-Literan Gaz.

London : Wu. H. ALLEN & Co., 7, Leadenhall Street.

For Plans and Terms of Passage, apply to Messrs. GRINDLAY and Co., 16, Cornhill, or 8, St. Martin's Place, Charing Cross; or to F. GREEN and Co., 64, Cornhill.

Communications for the Editor should be sent under corer to Messrs.

Wm. H. Allen and Co., 7, Leadenhall-street.

COUNTRY AGENTS:Liverpool, G. Arnold & Co., 20, South John Street. Edinburgli, w. Blackwood & Sons; Charles Smith. Dublin, Hodges & Smith.


ARCELS OVERLAND to all parts of INDIA,

CHINA, &c.-J. Hartley & Co. and J. Barber & Co., in connection with the Peninsular and Oriental Company, receive and forward parcels, as above, twice a month.– For CALCUTTA, MADRAS, CEYLON, and CHINA, parcels received till the 18th of each month, and for BOMBAY till the last day BUT ONE of each month.-Contents and value should be described on outside cover of each parcel.-Insurances effected.-Offices, 137, Loadenball Street; 33, Regent Circus; and 17, St. Mary Aie.

LONDON:-Printed by CHARLES WYxan, of 49, Cumming Street, Ped:

tonville, in the County of Middlesex, Printer, at the Prioting Office of J. & H. Cox, Brothers, 74 & 73, Great Queen Street, Lincoln's Inn Fields, in the Parish of St. Giles-in-the Fields, in the same County; and published by LANCELOT WILD, at No. 13, Catherine Street, Strand, in the Parish oi St. Mary-le-Strand, in the said County.-Friday, June 6, 1845.






No. 31.]


[Price 1s.


is likely to take place. The news we have is not much, and the SUMMARY and REVIEW OF EAST- CEYLON


small portion afforded us cannot be relied on with much confi. ERN NEWS


351 dence. The Agra Ukhbar, on the authority of private letters, BENGAL: Supreme Court.



intimates a belief that GoLab Singh would be placed at the Address to the Lord Bishop 343

CUINA:Miscellaneous Intelligence.. 343 Court Martial

352 bead of affairs in the Punjab, and gives circulation to a reCivil, Ecclesiastical, and Mili. Shipping Intelligence........ 333 tary Services .. 344

port that a perfect understanding prevailed between him and ATSTRALASIA

353 Probates and Administrations to Estates

the Queen Mother; but subsequent advices, published in 345

CAPE OF GOOD HOPEBirths, Marriages, and Deaths 345

North-east Boundary


the same paper (generally well-informed on such matters), do Shipping and Commercial In

Dep. Assist. Com. Gen. Smith 354 telligence 346 Notices to Correspondents ......

354 not altogether confirm the preceding news. According to MADRAS:

ORIGINAL ARTICLES :Miscellaneous Intelligence.... 346

these later accounts, GOLAB Singh has refused the office

Sale of Indian Patronage 354 Government General Orders .. 347

Christianity in China

355 of Wuzeer, and has been appointed to that of CommanderCivil, Ecclesiastical, and Mili.

Railway Lesislation in India.. 355 tary Services 347

in-chief of all the forces in the Punjab, a favour which he is. Births, Marriages, and Deaths 317 Admiralty Court

355 Shipping and Commercial In- The late Lieut. Col. Spens.. 356 represented to have purchased at a very high price. Yet if telligence


Alleged Sale of Indian Patronage 356 this report be trustworthy, GOLAB, though apparently Miscellaneous Intelligence .. 348 Military Seminary, Addiscombe . 357

favoured by the Ranee, does not in reality stand high in her Government General Orders .. 349 Debate at the East India House. 359 Civil, and Military Services

Sir J. Bryant, C.B.

regard. His elevation to the head of the army has, it is

361 Her Majesty's Forces in the East

350 Parliamentary Proceedings, &c... 361 said, been forced upon her by circumstances, and it is beIndian Navy

350 Miscellaneous Intelligence 363 Births, Marriages, and Deaths 350 Arrivals reported in England, &c. 364 lieved that the parties about GOLAB Singh are playing with Shipping and Commercial In. Shipping Intelligence.

364 telligence

him to extract his hidden treasures, and then dispose of his 350 Births, Marriages, and Deaths .. 365

person-a conjecture, if it be no more than a conjecture, ARRIVAL OF NAILS.

certainly warranted by a very high degree of probability. · The Precursor (steamer) brought the mail from Calcutta, and the

The troops at Lahore are represented as being in a state of Sesostris that from Bombay, which was put on board the Precursor at Adeo. The Great Liverpool will bring to Southampton the por.

utter insubordination, acknowledging no authority, and diction of the mail not forwarded via Marseilles, and may be expected tating their own terms for pay and presents. While some in a few days.

accounts testify to the good faith of the Khalsa troops to

wards GOLAB Singh and their attachment to him, others DEPARTURE OP MAILS. The mail for Ceylon, Madras, and Calcutta, carrying' also letters state that he has been betrayed into the hands of his ene. for Bombay, if marked viâ Madras or Ceylon, departed from

mies. By some it is said that the Jumboo territory has Soutbampton this morning; but letters addressed via Marseilles will be in time if posted in London on the 24th.

been made over by the Durbar to Motee Singh, and The next mail for Bombay will depart from Southampton on the that GoLAB Singh's nephews have been ordered from Jum4th of July. Letters must be posted in London on the previous day; but letters viá Marseilles will be in time if posted in London boo, to present themselves at the Durbar. on the 7th.

The Bengal Hurkaru has the following very just remarks DATES OF ADVICES.

on the intention and prospects of GoLAB Singh:-“Golah C.

It is May 3. China ... March 27.

Singh's position is, and ever will be, a precarious one.


April 11.

evident that the army is not attached to him by any feeling Ceylon 12. Penang


of good-will, but merely by the hope of gain. He has been Bombay.. 12.

cunning enough to persuade the soldiery that he has im

mense treasure hidden, and known to himself alone : hence SUMMARY & REVIEW OF EASTERN NEWS, their care for his life. While he has money to bestow on

The news of the last two or three months from the Pun- them, and is liberal in the distribution thereof, as he has jab has been of such a nature as to make us look to this part lately been, they will protect his person and support his of the East with some degree of excited expectation. This cause. But how will it be when his treasures are exhausted?feeling the recent arrival will scarcely gratify; and so strange He is now guarded as a rich prize, rather than obeyed as a is the course of events in that country, that perhaps the ap- leader, and if he does not find some other means of estapearance of indications of something extraordinary ought to blishing his ascendency, he will, when he has larished his be viewed as affording presumption that nothing of the kind stores, be cast aside as of no further use. Meantime his life

will be in constant danger from the hatred of his overthrown the army in June 1838. In 1805 and 1806 he was engaged rival and his adherents, who will also do all in their power in active service in Guzerat, and in 1809 served in the camto undermine his credit with the army and the court.” paign against the Sikh chief Say. On our invasion of

A more interesting inquiry than that into the probable fate Affghanistan he held the command of the reserve force of of GoLab Singh or of his competitors or enemies, is sug- the army of the Indus, and, in connection with Sir F. MAITgested by the question, what is likely to be the effect of the LAND, the naval commander-in-chief, took the fort of Kurevents in progress in the Punjab upon British interests? The rachee. He served throughout Lower and Upper Scinde, Hurkaru, adverting to the wish of the Sikh troops (noticed in and in Affghanistan ; and the distinguished part he played our last) to take vengeance for the defeat of their comrades in the Gwalior campaign is yet fresh in the memory of our by Major BROADFOOT, gives the following account of the readers.” prevalent feeling :-" They were ashamed, they declared, In the ill-governed dominions of the Nizam an indivihave the people of Lahore taunting them about the large dual of great notoriety is said to have breathed his last. British force assembled at Ferozepore, and

and would CH

CHANDOO Lal is reported to have died on the 19th April, rather lose the Punjaub at once than be constantly and, as it should seem from the following extract from a reproached in that way. Jowahir Singh succeeded communication to the Madras United Service Gazette, is in pacifying them, for the time at least, by assur- greatly lamented. It is proper to observe, however, that ing them that he would communicate with the British the editor expresses some doubt of the truth of the stateauthorities on the subject. But, now he is out of ment, and we give it with the like qualification, feeling it power, should GOLAB Singh, his successor, be of a dif- not impossible that we may have to report in our next ferent way of thinking, or desire to give employment to the that CHANDOO LAL is still alive :now idle troops, or to conciliate their further favour by

The Maharajah Chundoo Laul, who has long been in a declining yielding to their wishes, it is possible that a move might be

state, breathed his last on Saturday the 12th inst. The Maharajah made towards our frontier. The threat of invasion is not

has not for the last eighteen months had any ostensible responsi

bility in state affairs, his nephew Rajah Ram Buksh, the Peshkar, that of an individual, but of an army speaking through its

being the nominal minister of the Nizam, though it was generally deputies; and as this army cannot long remain inactive, it

believed that Rajah Ram Buksh was but the puppet, of which the

late Maharajah directed the wires. That master spirit is now, how. may endeavour to carry its threat into execution, should no ever, fled, and whatever may have been the late Mabarajah's faults internal strife direct its wayward energies into another chan

and crimes, it cannot be denied that his talents were of a tran

scendant order. The funeral ceremonies of the late Maharajah were nel. It is comforting, however, to know that come when performed with every mark of respect to his memory. The remains of they will, or how they will, due preparation is made for

the deceased were kept for three days, till Tuesday the 15th, when they

were burned on the river near the Nurwa bridge, in presence of a their reception.” There seems little reason to doubt that vast concourse of people, amid the pealing of ordnance ; the cerethe Khalsa are well disposed to fight, and perhaps they may

mony being attended by a brigade of infantry with artillery, from be indulged.

Secundrabad, and the whole of the Nizan's troops from Ulwal.

Rajah Balapursaud is said to have been greatly affected on the occa. The Southern Mahratta country affords little that is new,

sion of his father's death, and expended a lac of rupees in charity.

The Nizam also, I am told, deeply feels the loss of his old and ta. General DELAMOTTE has been relieved at Belgaum by lented servant. Brigadier Manson. The former, on relinquishing his post, Madras is preserved from total stagnation by the vigour issued division orders, complimenting the officers and men with which Sir W. W. BURTON, one of the puisne judges, who had served under him during the recent campaign. is exerting himself to cut down the fees of the office of the The Court-martial on Colonel WALLACE has concluded its Master in the Supreme Court. Mr. MINCHIN, the party proceedings, but the result has not been made known.

affected by the pruning operations resists with equal vigour, In Scinde there appears, since the last despatch, to have and the war has assumed a most formidable aspect. The heen no occurrence to break the monotony of tranquillity, Master, it is stated, has given formal notice to various soliwhich is somewhat remarkable.

citors that he shall hold them accountable for fees of equal Oude, ever oppressed and miserable, is as much oppressed

amount with those which he has been accustomed to receive. and as miserable as ever. Thus writes the editor of one of The battle seems likely to be as fierce as the far-famed battle the local papers :-"In the unfortunate kingdom of Oude of the books, and it is to be regretted that there is no affairs are in a very bad state. Rapine and extortion are Swift to chronicle it. triumphant throughout the land. The extremely miserable Bombay seems likely to attain a degree of distinction in condition of the country has, it seems, at last attracted the atrocious crime, almost equal to that which our own country attention of our Government, and, as it is said, the Residentat and metropolis have recently gained. In one instance two Lucknow, after vainly remonstrating with the king on the young women and a boy were the victims, and the murders excesses of his ministers, has, under instructions from were perpetrated solely with a view to plunder. The crimisuperior authority, threatened to suspend all official inter- nals, three in number, obtained jewels worth about three course betwixt himself and the Court."

hundred rupees, but they have been apprehended, have made From none of the Presidencies are there any tidings of confession of their guilt, and will in all probability suffer the extraordinary interest. At Calcutta a public meeting had just sentence of the law. The other crime was, like the been held to consider the propriety of paying some mark of preceding one, marked by circumstances of great profligacy. respect to Sir WILLIAM Nort, and a subscription was A hackery driver, having deserted his wife and associated opened for the purpose.

The death of Sir THOMAS himself with another woman, took an opportunity of the VALIANT had caused deep regret. The following account

wife returning to his house, which she had previously quitted, of his career appears in one of the local papers :-" He to cut her throat, and subsequently that of the female with entered the army in 1804, obtained his lieutenancy in the

whom he had connected himself and his own, The two latfollowing year, his company in 1817, his majority in 1821, ter recovered, but the wife is dead. his lieutenant-colonelcy in 1825, and was made a colonel in Such are the most interesting events at Bombay.

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no damage can compensate, and to enable him to petition, with

confidence as to the result, for a Parliamentary divorce.

Evidence was called corroborating the above facts.

Mr. Morton for the defence. I am instructed, my lords, to Mr. Sandes opened the pleadings.

appear on behalf of the defendant, Mr. Dalrymple. I can Mr. LEITH stated the case.

assure your lordships that it is to me a very painful duty to adThis is a case of a very painful and distressing nature, in which dress the Court under the circumstances which have been de. a husband is compelled to seek a verdict, with damages from the tailed in evidence, and this painful feeling is enhanced by some Court, for perhaps the greatest civil injury known in society, as degree of previous personal acquaintance with all of the parties the foundation of and with a view to ulterior proceedings; and I concerned. The defendant, feeling that he had no defence to trust the amount of damages which your lordships may award by the action, has suffered judgment to go by default, and the only your verdict will be such as to vindicate the character and con- question is the amount of damages. I have carefully avoided duct of the husband, and support his petition for a Parliamentary | putting a single question to the witnesses which could have the divorce.

effect of wounding the plaintiff's feelings, or implying that the The plaintiff and defendant are both in the civil service. The defendant's claim to the indulgent consideration of the Court lady, the wife of the plaintiff, was a Miss Bowen, most respect. rests upon the supposition of any impropriety of conduct on his ably connected, and the daughter of a general officer in the East- part. I am ready to bear willing testimony to the plaintiff's India Company's service. She came out in the Hungerford, in high and honourable character, and I hope your lordships will the year 1837, and on her arrival in India she went to live with not suppose that any observations which I may make are inher sister, the wife of a civil servant then at Bhaugulpore. tended in the remotest degree to reflect upon him. I would

In 1838 the plaintiff first became acquainted with her, and in first observe, that the case exbibits no marked features of aggra. the month of January in the following year they were married at vation. There is no evidence of arts of seduction practised, or the house of the lady's sister, and immediately thereafter pro- of clandestine intrigue preceding the elopement. The defendant ceeded to Patna, where the plaintiff, Mr. Farquharson, was then seems to have been on the terms of mere acquaintanceship, and stationed. From that time up to the elopement, it will be to have sought no closer intimacy. One of the witnesses stated proved by their most intimate friends and acquaintances, who that he was less intimate with the plaintiff and his family than will be called as witnesses, that they lived together happy, and the other residents of the station. The case, therefore, is not on the best and most affectionate terms; and that the husband aggravated by evidence of confidence betrayed, or hospitality was kind, considerate, and indulgent. In January, 1812, the abused. There is nothing even to shew that the design was plaintiff was appointed collector at Chuprah, and then proceeded formed a single day before the unhappy event occurred. The to and took up bis residence there with his wife, and remained Court, therefore, will not assume the existence of any piemedi. there up to the time of the elopement.

tated design, but will believe rather that the parties acted upon Three children were the fruits of the marriage. The eldest the ungovernable impulse of the moment. The history of the was born in 1810, and the youngest in July, 1844, so that the case, my lords, is a singular one. The defendant's acquaintance latter was scarcely, on the day of elopement, six months old. with the lady is of earlier date than the plaintiff's. It seems

In January, 1844, the defendant was appointed officiating ma- that the defendant and this lady came out to India in the same gistrate at the same station, at Chuprah. He was not, when ship, in 1838. I am instructed, my lords, that an attachment, there, on any particular terms of friendship or intimacy with the and indeed an engagement, subsisted between them ; it is true, plaintiff, and only visited at the house of the latter occasionally, there is no positive evidence of this,-one of the witnesses as a mere acquaintance, and had only, in fact, dined in all three says he heard of it,- but the whole evidence clearly shews that or four times with the plaintiff

, and then only in company with the attachment must have been of long standing, and that it others, during the whole time he was there, previous to the commenced when the lady was unmarried and free, and when elopement.

the existence of such an attachment was blameless. UnhapOn the 2nd of January last, the plaintiff left Chuprah for the pily, it continued when its continuance was criminal; but it Nepaul frontier, on official duty, under the orders of Govern. could not have originated at Chuprah. At that station, the dement. During his absence, Mr. Farquharson left his wife under fendant and this lady do not appear to have met more than a the friendly care and protection of the lady of the judge, who dozen times, and no opportunity to originate such an attachment was on most intimate terms with her, and the plaintiff and his was then sought for or obtained. Then, my lords, look at wife communicated together by letters during his absence. the position of the defendant. He parts from this lady in Three of these letters written by the lady, and the last, dated 1838, engaged to her: in 1843 he meets her the wife of another. only the day next before that of the elopement, I will read, to It is true that some years had elapsed, but the lapse of years shew the affectionate terms in which she addressed her husband. does not necessarily destroy an attachment-it may have been (The learned counsel then read the letters, and proceeded). mutually a first attachment-once formed. The marriage, too, During the absence of Mr. Farquharson, on official duty, the of this lady with the plaintiff, appears to have been preceded by defendant visited Mrs. Farquharson twice,-once on the Ilth of a very brief mutual acquaintance. They are first introduced in January, when he remained an hour, and again on the 15th, in November, and in the following January the marriage takes the evening, between five and six o'clock, when he remained place. Indian courtships are, it may be said, often as short, or upwards of an hour. His conduct on this last occasion excited even shorter; but surely, in such cases, the parties run some only curiosity on the part of the servants, and no more. On risk. Where the engagement is formed on a very brief acthis occasion his conduct appeared strange, for three different quaintance, and the marriage on a very brief engagement, the times he proceeded to the door while the servants were sitting parties must surely have less mutual assurance that their partioutside; the first time shutting the screen, which was midway cular case will not be an illustration of the trite saying, that in the space left for the door, and the two other times looking there are more blanks than prizes in the lottery of marriage. over the screen, apparently with the object of seeing whether the The lady, no doubt, believed at the time that she was bestowservants were still there. But it is not now sought to be insi- ing her heart where she bestowed her hand; but a longer delay nuated that any thing criminal then took place, for such was not might have convinced her of an error, which she only afterwards the fact. The defendant then left the house, and Mrs. Farquhar. discovered when it was too late. And next let me observe upon son dined alone. About eight o'clock, and about the usual hour the unfortunate coincidence of the defendant's appointment to for preparing tea, the servants missed Mrs. Farquharson; she the station where the plaintiff and his wife were residing. This was not in the house, and a door, usually kept closed, was found seems the remote cause of the unhappy event which all now deopen, through which it is supposed she passed out unobserved. plore. If, indeed, the defendant's residence at this station had Inquiry was made among the neighbours, and she was next day been voluntary, it would have been a poor palliation to urge traced to the defendant's house. I will prove the defendant that he was thus exposed to temptation. But it was not volun. was seen to leave his house between eight and nine o'clock of tary. He was there because his appointment to that particular the evening of the 15th, and to return with Mrs. Farquharson station rendered his residence there compulsory, and he was or his apm. That night they retired and remained in the same thus almost daily exposed to temptations which he could not apartment. She never again returned to her husband's house, but escape from, and which ultimately proved too strong for him to retained under the protection of the defendant, with whom she resist. The evidence shews that he did not seek temptation ; s still residing. Dr. Brassey, who will be called as a witness, and even during the plaintiff's absence he was only twice at the imparted the distressing intelligence to Mr. Farquarson by letter house; the first visit, at least, being manifestly one of courtesy on the 16th, and the latter returned with the utmost expedition only. The letters which have been put in evidence seem to me to the station, in the most distracted state of mind, to his three to shew clearly that the step was not premeditated either by the children, who were left alone in his house. My client asks not defendant or by the lady. The last of these letters is written vindictive damages, but only such substantial damages as may on the eve of the elopement, within twenty-four hours, and it is mark your lordships' sense of the injury he has sustained, which written in terms of confidence and affection, and adverts to little

details which could not really have occupied the writer's mind if her affections had then been alienated from her husband. The letters are put in not by way to evidence deceit, but as a true index of the writer's feelings. I may, therefore, refer to them to shew that, up to the very day preceding the elopement, no design had been even dreamt of; that the act was done under the impulse of the moment, and the dangerous temptation of an opportunity apparently favourable. In conclusion, my lords, let me advert very briefly to the position and circumstances of the defendant. His emoluments appear never to liave exceeded Rs. 800 per month, and he is at present (being, for reasons not before the Court, out of employ) reduced to the pittance of some Rs. 200 or Rs. 300. Private fortune he has none, but on the contrary, is in debt.

A verdict for heavy damages will be absolute ruin to him. I am aware, my lords, that ihis point cannot be urged for. It may be replied, that a defendant who cannot pay in purse must pay in person. But the object. my lords, of such a proceeding as this,-at least, where the plaintiff is, as he is here, a high-minded and honourable man,- is not revenge. This action is not brought for the sake of damages,-it is brought as a step to ulterior proceedings. The plaintiff must certainly obtain a sufficient verdict to entiile him to bring those proceedings to a successful termination, but I submit that a inoderate verdict will suffice to ensure that result. Under all these circumstances, as nothing has appeared in aggravation, and something in palliation, I venture to hope that your lordships will take a lenient view of the defendant's case, and that you will consider a verdict for moderate damages sufficient to satisfy the ends of justice.

Sir L. Peer., C J., pronounced the judgment of the Court. – We wish to explain the grounds upon which we assess damages. The injury committed by the defendant is of a very painful and fagrant character. The husband brings his action for damages ; but money can really be a compensation for the wound in. flicted. Dainages are awarded as an example to society. The action, too, is necessarily brought as the foundation for ulterior proceedings. It is a delect in the constitution of our law, that this is made a necessary step. The Court will never grant vin. dictive damages, but they must give such as are calculated to suppress conduct of this nature. We think, moreover, it is peculiarly the duty of the Court to protect members of the Company's service who may be compelled by duty to absent them. selves from their families.

In this instance there appears an absence of any systematic attempts at seduction-and so far there may be soine palliation for the defendant's conduct. Whatever intimacy or attachment may have existed previously to the marriage, it does not appear that he afterwards was in the habit of offering to this larly, while at Chuprah, any of those attentions which it is too osten, unfor. tunately, the practice in this country to pay to married ladies ; his conduct savours, rather, of weakness and inability to resist the attractions of a fascinating woman; but he ought to have withdrawn himself from the temptation-particularly in the ab. sence of the husband, and he inust now pay the penalty of his indiscretion.

The small amount of fortune by a defendant cannot much affect the consideration of the case-otherwise it would, in fact, be holding out to young men of no means a premium to seduction. Had there been evidence of premeditated design on the part of the defendant, we should have considered it our duty to bave given much heavier damages. Still it is necessary for us to mark our sense of the flagrancy of this act. We find a verdict or Rs. 10,000 damages.

Verdict accordingly,

Sandes, Frith, and Sandes, attornies for plaintiff; HEDGER, for defendant.

1844.) He could not comprehend under what section of the Act the defendants could substantiate their claim, or on what grounds the plaintiff's claim was resisted; for it could be proved that the goods belonged to the latter, and the bills of lading shew that he was the owner.

George Jephson was called, who stated that he was lately an agent in Calcutta, and in October last was indebted to the defendants in Rs. 10,000 and upwards. In respect of this debt, they held several promissory notes, but no other securities, ex. cept six pay.bills for the pay and staff allowances of an officer, each for Rs. 776 odd, which were given against one promissory note for 3,500 rupees, for money then borrowed. About that time he (witness) had communications with Mr. Gardiner, wbicha had reference to his receiving goods for Dunn and Co. (the plaintiff) and to a certain extent, acted on those communications, by landing some goods from a ship, receiving a quantity of goods from Messrs. Lyall and Co., and also 100 rupees from Mr. Gardiner, for the plaintiff. The officer who had deposited the pay-bills with the witness, and who had received considerable advances from him, wishing to have back the pay-bills, he (witness) applied for them, but the defendant refused to re. deliver them, without some substituted security. He then pro. posed that the defendants should take the goods of the plaintiff (the subject of the action) with some of his own. This was done as a temporary arrangement, until he could call in funds to release them. Such portion of the goods as came to his band were, accordingly, delivered up to the defendant, with the exception of one ship, as well as the bills of lading. The total invoiced value was 1,2001. He (witness) also delivered 300 dozen of beer of his own, and the whole of these goods were given against his liabilities generally.

Other evidence was called, at the close of which Mr. Montos (with whom was Mr. Fulton) contended that there were two grounds on which the plaintiffs ought to be nonsuited. In the first place, Jephson, the agent, had a lien to the extent of 4,000 rupees at the time of the pledging to defendants. This lien, therefore, would be transferrable to the pledgee, even under the old Factor's Act.

Sir L. Peer C. J.-How do you make out that Jephson had a lien ? He entered into a guarantee, and no lien could attach until he paid something under it.

Mr. Morton.-Surely the lien would attach as soon as the liabilily to pay became absolute. It does not appear whether any thing has been paid since on account of this debt by Dunn and Co.; and the Court, therefore, will not presume payment. Then there is a prima facie liability, and nothing to discharge it. Secondly, the case comes within the second section of the new Factors' Act. By that section, if the pledgee gives up property on which he had a good lien, and receives goods in pledge by way of substitution, the transaction is the same as if an actaal advance had been made in money.

Sir L. Peet, C. J.-There are two difficulties, as it seems to me. In the first place, do pay-bills come within the terms of the Act? In the next place, the first advance here was before the relation of principal and agent subsisted.

Mr. Morton. - Pay.bills are not perhaps negotiable securities ; but they are certainly securities of some sort. The statute says,

Goods, merchandizes, documents of title, or negotiable securi. ties.” These comprehensive terms are obviously intended to include all available property. Pay.bills are of some value, at all events. They are included in “goods and chattels." There is proof that Goverr:ment recognizes the transfer of them by in. dorsement. As to the second objection, the words of the Act do not limit its operation to cases where the relation of principal and agent subsisted at the date of the original transaction. The words are not "such agent as agent." And there seems no reason why the Act should be limited, always provided that the acts of the pledgee (as is manifestly the case here) have been bona fide.

The Court, however, were of opinion that there was evidence to go to the Jury.

MR. MORTON then addressed the Court on the facts, and requested that the points of law might be reserved. As to the damages, the evidence of Jephson shewed that the value of the whole goods mentioned in the several bills of lading was about 1,2001. sterling, but it was admitted that some of these goods never came to the possession of the defendants. It was not wished to keep back any thing, and it would be shewn from the invoices themselves that the value was sometbing over Co's Rupees 6,000.

MR. T. H. Lloyd, a clerk of the defendant, was then called, to produce the invoices and to speak to the value.

Mr. Leith replied. - It never was in the plaintiff's contemplation that there should be a transfer of the lien-but on the contrary was inconsistent with the instructions which accompanied

APRIL 74, 1845.

Dury v. WILLIS and ANOTHER. This was an action of trover for the recovery of a quantity of goods. The defendant pleaded not guilty, and not possessed.

Mr. Rochie opened the pleadings.
Mr. Leith stated the case as follows:-

The plaintiff is a merchant at Agra, and was the proprietor of certain goods, which were shipped to him from England, as consignee and merchant for sale. The agents he employed in Cal. cutta were Messrs. Lyall, Matheson, and Co. Being desirous of appointing another agent, he applied to one Gardiner, who undertook that duty, but afterwards wrongfully appointed one Jephson, as agent. Jephson had since become insolvent, being at the time largely indebted to the defendants. A demand was inade upon the defendants, who set up no lien, bur insisted they were entitled absolutely, and refused to deliver up the goods, unless their claim on Jephson of Rs. 10,000 was satisfied. (The learned counsel then referred to the new Factors' Act, XX. of

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