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much for the general consideration of the first libel, which the learned counsel contended had not been published to more than only one party. The other libel of which the defendant was charged was also published to one party. The defendant wrote it with a view to set himself right with the community of Simla. The statement which Lieut. Duffin had so publicly posted seriously affected Captain Herries, and the intercepted letter which was embodied in it, being couched in equivocal terms, was calculated to produce great mischief. It is true his full name was not mentioned in the posting, but his Christian name was, and in a limited community like that of Simla, which might be compared to a small watering place, where every one more or less busies himself with the affairs of his neighbour to a much greater degree than his own, it could not but be known who was meant. But a circumstance is included in the evidence which clearly shews that this was known, for it is stated in one of the letters that a party in Simla had given the information to the effect, that the allusion in the statement posted by the plaintiff was well understood there. Besides, if a true copy of the intercepted letter was posted, it must have borne the name of Captain Herries. The learned counsel went on to refer more particularly to the intercepted letter. When the parties were at Ferozepore an explanation took place, and the correspondence was shewn to the plaintiff, which fully explained whatever was equivocally expressed or calculated to lead to an evil construction in the intercepted letter; and the plaintiff was then so entirely convinced that nothing actually criminal had passed between the defendant and Mrs. Duffin, that he was induced to reinstate her in his confidence and receive her back. The learned counsel would then ask if, after this reconciliation, after the pledge that the matter was to be forgotten, and after the destruction of the other correspondence, by which alone the injurious equivocations of the intercepted letter could be explained away-was it fair, he asked, after all this, to publish the letter by itself? The Court, however, was not trying Lieutenant Duffin's conduct; but their lordships would have to decide whether Captain Herries was liable for damages. The learned counsel said he was happy he was not addressing a Court that might be prone to connect this cause with some other that may have undergone adjudication before; but he was certain their lordships on the bench would apply themselves to the consideration of the case according to its own separate merits, apart from all connection with any other matter. The learned counsel proceeded to state that two pleas in justification had been put in for the defence, one to each of the counts in the plaint. Their lordships were aware how difficult it was in general to prove a justification in such cases; but he could say with confidence, that from the evidence he would produce the pleas of justification would be established as completely as in most cases of the kind, and would shew that the defendant's con. duct had been most proper. His learned friend on the other side had said, that the Court would have to consider two points, first, whether a pledge ever existed, and, secondly, if it was violated. He would follow his friend's argument; and, first of all, was there a pledge given? That pledge related to the intercepted letter. Captain Thomas does not deny that a pledge was given; and before proceeding to the proof that that pledge included the intercepted letter, it were as well to see what was the reason assigned for the agreement, that the correspondence should not be again brought forward. It was, that all parties were interested in the destruction of the letters, involving as they did, in a greater or less degree, the disgrace and exposure of all. It was necessary to destroy all proof of this disgrace, and that could only be done by the destruction of the correspondence. It was necessary, in fact, in order to protect the defendant from the odium that would attach to him by the publication of the affair, the dishonour the plaintiff would incur by it, and above all to save the lady's character, that the whole of the correspondence should be consigned to destruction. This was then the end and object of burning the letters; but how could these be gained if the correspondence was not committed to the flames without exception,-if the whole was destroyed but one letter, and that the very one which was couched in terms vague and equivocal, and susceptible of misrepresentation unless explained by the rest of the correspondence which was burnt?—A letter that was originally innocuous when capable of being explained by aid of the other letters, was kept back, and rendered alike injurious to Captain Herries, Mrs. Duffin, and, in fact, all parties. But the learned counsel denied that the intercepted letter was not included in the pledge. Captain Thomas in his evidence had admitted, that the defendant was anxious that that letter should be destroyed. The learned counsel then referred to several parts of Captain Thomas's examination. When that gentleman was asked if all the letters had been burnt including the intercepted one, he answered in the negative; and being questioned, if Captain Crawley was a party to the ne

gotiation, he answered that Captain Crawley came in after the arrangement had been completed. He also says, that he does not believe Captain Crawley ever knew of the existence of the intercepted letter, for if he did he would most certainly insist on its being either given up or destroyed with the rest. But it will be seen from Captain Crawley's evidence, that he was aware of the existence of the intercepted letter, and derived this knowledge the day previous to that on which the correspondence was burnt. The learned counsel then read parts of Captain Crawley's evidence to shew that he knew of the existence of the letter in question; and that he had been called in not merely to witness the burning of the correspondence, but to take a part in the negotiation. Captain Thomas himself in another part states that the negotiation was carried on between himself and Captain Crawley, and not between himself and Captain Herries. The learned counsel continued to read parts of the examinations of Captain Crawley and Captain Thomas, especially drawing the attention of the Court to those portions of the evidence of the latter gentleman where he says he was not aware of the posting, and would not have given his consent to it, and that he did not think the plaintiff would make public the intercepted letter, and dishonour his wife while he was living with her. The learned counsel here remarked in respect to the conflicting statements of Captain Crawley and Captain Thomas in some points, that they might be referred to inaccuracy of recollection. From the portions of the evidence he had referred to, the learned counsel contended that it was impossible that Captain Crawley went in merely to be a witness to the burning; on the contrary, it was clear he had He joined to take a part in the negotiation, and he did so. treated on behalf of his principal throughout the business. He believed the pledge to include the intercepted letter. He asked Captain Thomas if the whole, without exception or reservation, had been destroyed, and was answered in the affirmative. That Captain Crawley was convinced that such was really the case, and not a single letter was preserved from the flames, is evident from the words in which he addressed the defendant immediately after —“ Well, old fellow, you may thank God that you are out of that scrape, and that there is now not a single document in existence which could bring you before the Supreme or any other court, and it is now for you to consider whether, for the ruffianly language made use of the other morning by Mr. Duffin towards you, you will now have him out and have a shot at him." The learned counsel went on to allude further to the evidence of Captain Thomas. That gentleman had spoken of a negotiation between Captain Crawley and himself, but he did not seem to recollect what was the nature of that negotiation. Captain Crawley, however, supplies that information. He states that it was arranged that there should be a "total and unreserved destruction of the correspondence"-and the object in wishing the intercepted letter destroyed, was to prevent future proceedings in law with which the plaintiff had threatened the defendant.

Sir L. PEEL thought it was doubtful if Captain Crawley and Captain Thomas understood each other on the subject of the destruction of the correspondence.

Mr. LEITH said, that without meaning to attach any blame to Captain Thomas, he must say that he led Captain Crawley into the error that the intercepted letter was included in the pledge.

Sir L. PEEL.-Captain Thomas's object seems to have been to keep that letter out of sight.

Mr. LEITH.-Then he was deceiving the person appointed to negotiate with him, for (and the learned counsel here read over several parts of Capt. Crawley's examination), throughout Capt. Crawley understood that the whole of the correspondence had been destroyed. No language could be clearer, in fact, than what appears throughout the evidence, that Capt. Crawley was acting as an authorized agent in the negotiation, making conditions to restrain his principal from taking a particular course, for when Capt. Thomas asked him what would be the alternative if the whole of the letters were not given up, he replied that in that case a hostile meeeting must take place. The learned counsel asked, why should Captain Thomas ask such a question at all, if he meant that the whole of the correspondence should not be destroyed, or why should Captain Crawley propose the alternative, unless he understood that all should be included in the destruction? But it appeared on the whole of the evidence, that Captain Crawley had been fully empowered to act for the defendant, on the question of honour, and not merely to witness the destruction of the correspondence.

He was authorized to propose the alternative of going out unless his condition were acceded to. He knew that the intercepted letter did not exist, and felt it should be destroyed. Had the negotiation been restricted to the correspondence only, exclusive of the intercepted letter, Captain Thomas would have naturally replied to Captain Crawley's proposal, that he had no right to open that question, as

his principal did not expect the letter to be included in the burning. In that case it would be equally impossible for Captain Thomas to have said that there must be a meeting unless the letter was given up. But the learned counsel contended, that all parties seem to have understood that the intercepted letter was included in the term correspondence.

Sir L. PEEL.—It appears from the context, that it was not included.

Mr. LEITH submitted to their lordships, that the pledge had a double aspect and seemed to have embraced that letter. The learned counsel, after some farther comment on this branch of the case, proceeded to another part of the libel, namely, wherein the plaintiff is accused of practising a deceit on his friend Captain Thomas. This the learned counsel was ready to admit, that he was unable to justify. But he would proceed to the consideration of the other libel. It might be expected that in such a case as this, the facts should be made out to lead to an inference of malice from the terms of the defamatory matter; but here there was nothing of the kind, while the language of the letter is such as to negative any such imputation. It was published also to a single person.

Sir L. PEEL remarked that it was to be given to the public

when it reached him.

Mr. LEITH, however, continued and said, that the observations he had made on the other libel would apply to the first part of this, and he would not repeat them. As to the justification of the subsequent part of the second libel, it was based on a correspondence between the defendant and Col. Stuart, on behalf of Lieut. Duffin, about a ring belonging to Mrs. Duffin, which was in the possession of Captain Herries. The learned counsel read the correspondence, and remarked that they went to shew that the plaintiff, through the intervention of a third party, had given a solemn pledge that the affair should not again be revived, if the ring was given up. Under this pledge the defendant delivered up the ring, and there the matter terminated, until it was resuscitated again by the defendant making public the intercepted letter, and then by violating the solemn pledge he had given. Under all these circumstances, the learned counsel left the caee in the hands of the Court, with the remark that its verdict would not only not affect the defendant in a pecuniary point of view, but also prove either his inculpation or exoneration in the eyes of the world. The defendant, the learned counsel contended, was not in a position to retract what he had written; and under the various aspects of the matter, it was for their lordships to say, whether his client had acquitted himself as a gentleman and a man of honour, or not.

Mr. LEITH then put in Captain Crawley's evidence, which we had intended to publish in extenso, but which we are obliged to omit owing to its great length and the want of time and space. A witness was then called for the defence.

Colonel JAMES STUART.-I am in the Company's service, and military secretary of Government. This letter is in my handwriting, and so is this. I was served with a subpoena to produce certain letters, which I have destroyed. Captain Colville informed me that Mr. Herries demurred about giving up the ring, in consequence of the manner in which Mr. Duffin had bullied him at Ferozepore. I received this letter from Captain Colville after I received the ring. I believe this to be a copy of the letter I received from Captain Colville after the ring had been given up. I received a letter from Captain Herries. I can't swear to this being a copy, but that was the tenor of the note. The pledge mentioned in the letter was from myself and Lieutenant Duffin. I received the ring and put it on Mrs. Duffin's fingers, and joined her and her husband's hands together.

Cross-examined by Mr. MORTON.-Mr. Duffin did not see one of these letters-but he gave me full power to act. When I joined their hands together, he was not in a state of agitation; but when he came and mentioned the ring being in the possession of Mr. Herries, he was in a violent agitation, that is what I referred to as a distressing scene. When I joined their hands I spoke about the pledge; I believe he understood it in reference to the ring only. I understood that the subject should not be mentioned to Captain Herries' detriment generally-that it should not be mentioned at all. Lieutenant Duffin had threatened to beat Captain Herries wherever he found him, even if it was in the Government House, and it was to prevent this and its consequences to them both that I was induced to interfere. This was from the march to Ferozepore to Delhi. Mrs. Duffin remained on good terms with her husband from that time to October.

Mr. MORTON then addressed the Court in reply to the arguments of the counsel for the defendant.

After about an hour's consultation between the judges, the Chief Justice gave judgment.

Sir L. PEEL, C.J.-It would no doubt be more satisfactory to the plaintiff and the defendant if we entered into the discus

sion of the case, and expressed an opinion, as we have been invited to do, on the conduct of the parties; but this is not a court of honour, which might express opinions reflecting upon parties. It is desirable that this Court should confine itself to its own proper jurisdiction, and, excepting so far only as is necessary for the ends of justice, refrain from giving any opinion on the honour of individuals in the same lax manner in which the world treats such matters. The only question which we have to consider is, whether the libel charged was justifiable, and if not, what measure of damages ought to be awarded. The charge is contained in the first and second counts. The plea of not guilty has been put in, and then two pleas of justification. It is necessary, in pleas of the latter kind, that the whole should be substantially proved, and if they fail in any one part, the whole must fall to the ground. We shall express an opinion only as to one part of the facts of the case as stated in the evidence of Captain Crawley and Captain Thomas. The plaintiff does not appear ever to have pledged himself to give up the intercepted letter. It is not necessary to say whether Captain Thomas included that letter in the pledge he gave. It is impossible to say what led Captain Crawley to believe that the letter was included. We are not called upon to say if Captain Thomas so put it as to lead Captain Crawley to understand it so. If Captain Thomas, in carrying on the negotiation, knew this to have been so understood by Captain Crawley, it was scarcely in good faith. But we have nothing to do with that, and we shall not express any opinion as to the part taken by Captain Thomas in the matter. Before a party can be blamed for breaking a pledge, it must be shewn that a pledge had been given, and that it has been consciously violated. Here this is not the case; on the contrary, whatever the parties may have thought, the plaintiff, in our opinion, never gave a pledge. The plea of justification, therefore, failing in a material point, the whole must, according to law, fall to the ground. We shall pass over the matter of the ring. The justification failing, we have to consider what extent of damages ought to be awarded for the defamation. We can't shut our eyes to the conduct of the plaintiff in posting a letter written by his wife to the defendant. It is quite indefensible-totally unjustifiable both in law and morals. What had the world to do with private differences between a man and his wife? I am at a loss to conceive how the community of Simla could have tolerated such a proceeding, and that the first person who entered the room did not pull down the letter. A party who has so improperly conducted himself, as did the plaintiff, must be prepared to take the consequences-nor can he expect to come into a court of law and receive damages. We cannot say, therefore, that the plaintiff is entitled to much damages. Nor was the conduct of the defendant, however, defensible-he displayed a great want of prudence. We shall not, therefore, award those damages as are considered stigmatizing in the eyes of the world; but at the same time we must give a verdict for the plaintiff, with damages to the amount of Rs. 50.

Mr. LEITH asked if their lordships would give the plaintiff's costs?

Sir L. PEEL.-We think each party ought to pay his own costs. Verdict for plaintiff, damages Rs.50, without costs. DRAFT OF AN ACT FOR INCORPORATING THE ASSAM TEA COMPANY.

Fort William, Home Department, June 28, 1845.—Legislative. -The following draft of a proposed Act was read in council for the first time on the 28th June, 1845. OF 1845.

ACT NO.

An Act for incorporating the Assam Company. Whereas it hath been discovered that there are in the British province of Assam and other the north-eastern parts of India, numerous and extensive tracts of country producing the genuine tea-plant, and it has been ascertained that the soil and climate are in all respects adapted for the cultivation of the tea-plant on an extensive scale:

And whereas it is considered, that the cultivation and manufacture of tea in India will be of great national importance and benefit, as well to the United Kingdom as to the British territories in India, and the same may be advantageously prosecuted on a scale beyond the resources and enterprise of individual capitalists, and a society or company hath been lately formed for the purpose of prosecuting and extending the said culture and manufacture with a capital of Company's Rupees 50,00,000 in 10,000 shares of Company's Rupees 500 each, and certain grants of land have already been made to the said company in Assam and the north-east parts of India aforesaid, and establishments have been formed by the said company for the purposes of the said culture and manufacture, and are now in operation :

And whereas the whole 10,000 shares have been subscribed for and appropriated, and the proprietors have actually paid up

Company's Rupees 20,00,000 of the said capital of Company's Rupees 50,00,000, and the several subscribers are willing, at their own expense, to carry on the said culture and manufucture, and it would tend much to the convenience and advantage as well of the said subscribers as of the public, that they should be incorporated in the manner hereinafter mentioned and provided : And whereas it is considered that there are in Assam other articles and products of indigenous growth, or to which the soil and climate are also adapted, the culture and preparation of which may be carried on with great advantage and profit by the said company as incidental to or in connection with their tea cultivation and establishment; and whereas it is desirable that provision should be made for enabling the said company, if they shall think fit to avail themselves thereof, and for enabling them to increase their capital stock:

And whereas several of the persons hereinafter named had been appointed and acted as a provisional committee, for the purpose of forming and establishing the said company, and commencing the business thereof, and the said company has since been constituted under the provisions of a deed of association, bearing date the 31st day of January, 1840, and made between the several persons whose names are thereunder subscribed, and whose seals are thereunto affixed (except the several persons, parties thereto of the second and third parts); of the first part, Sir William Baynes, Bart., Richard Twining, Thomas Weeding, John Alliston, Andrew Henderson, Francis Fox, and William Cracroft, therein respectively described of the second part, and Sir George Gerard de Hochipied Larpent, Bart., John Small, Alexander Rogers, Foster Reynolds, John Travers, William Manning, William R. Robinson, and Ross Donnelly Mangles, therein also respectively described of the third part, and under which deed the business of the said company has been commenced and carried on; and whereas in such deed provision was made for confirming the several acts, deeds, matters, and things executed and performed by the provisional committee in that capacity:

And whereas it is expedient that like provision should be made herein, and also provision for vesting, continuing, and establishing in, for, and against the corporate body hereby created after (and notwithstanding their incorporation) all such property, rights, contracts, and liabilities whatever as the said existing society or company are, or but for such incorporation would be, possessed of or entitled or liable to:

I. It is therefore hereby enacted, that James Battle, Charles Hay Cameron, Dwarkanauth Tagore, William Prinsep, Alexander Rogers, Henry Barclay Henderson, James Prinsep, Edward Harding, James Colquhoun, James Church, Henry Chapman, John Lewis, John Farley Leith, Thomas Charles Morton, Mutty Lall Seal, William Richard Young, James Young, Archibald Sconce, Richard Walker, Henry Meredith Parker, Edward Charles Ravenshaw, Charles Raikes, John Stam, George Shearwood, James Charles Colebrooke Sutherland, Samuel Smith, John Deans Campbell, John Carrington Palmer, William Solton Pillans, Prosunno Coomer Tagore, Ramanath Tagore, Cuthbert Bensley Thornhill, Thomas Scott, Thomas Sewell, Francis Dashwood, Charles Dundas Mitchell, Alexander Carroch Mackenzie, Henry Augustus Woollaston, Francis P. Mendes, William Henry Jones, Peter Innes, Robert John Lattey, Jenkins Llewelyn, John Jenkins, Arthur Pittar Lattey, Andrew Henderson, John Grant, Alexander Garden, William Cobb Hurry, Henry Holroyd, Robert Becher, Daniel Eliott, Edward Garstin, John Becher, James Cullen, Thomas Hyle Gardiner, Donald McLeod Gordon, William Henry Horton, Thomas Henry Hockley, J. M. Hill, Thomas Bracken, John Carr, Theodore Dickens, Charles Deverinne, William Pringle Downing, John Calder, Henry Burkinyoung, Charles John Burkinyoung, Roderick Mackenzie, John Williamson Macleod, John Muller, E. Elphinstone, J. D. Mullins, Richard Bird, Alfred Parker, C. J. Pittar, Henry Piddington, George Rogers, William Rushton, James Sydney Stopford, Robert Scott Thomson, C. A. Vertannes, William Greenway, R. S. Humfray, Francis Augustin, Richard J. Chambers, Aga Mahomed Ibrahim, Bissonauth Muttyloll, Brijonath Dhur, Additchund Dutt, Gooroopersaud Bose, Gourmohun Gossim Doorgachurn Dhur, Hadjee Mirza Mendi Ispahane, Lucki. narain Dutt, Megnarain Roy, Muddenmohun Chatterjee, Nuhkissen Sing, Nileomol Ghose, Prawnkisson Law, Prankissen Bagchee, Rajah Raadcant Deb, Radanradub Dutt, Ramchand Dhur, Rajchunder Moorkerjee, Rajbullub Seal, Radacant Mitter, Shaik Allum Ullah, Sreecant Bannerjee, Seetanuth Bose, Woomachum Bhose, and all other persons and corporations who have subscribed to, or shall hereafter subscribe towards the said undertaking, and their several and respective successors, executors, administrators, and assigns shall be, and they are hereby united into a company for the purposes herein declared, and

shall constitute and be one body corporate by the name and style of the "Assam Company," and by that name shall bave perpetual succession and a common seal, and by that name shall and may be sued.

II. And it is hereby enacted, that it shall be lawful for the said company to carry on, prosecute, and extend the cultivation of the tea-plant in the lands which have already been granted to the said company in Assam and the north-east parts of India aforesaid, and to manufacture and dispose of the tea the growth thereof, and generally to carry on the business of cultivating the tea-plant, and manufacturing or preparing the same for sale and exportation, and for such purposes to take and hold or make any such grants, leases, or purchases or other acquisitions of land in perpetuity, or for any term of years as the Governor-General in Council shall approve, such approval to be signified in writ ing under the hand of one of the secretaries to the Government of India, and if requisite to sell, dispose of, and alienate the same respectively, and to form, erect, and make all such establishments, buildings, works, and conveniences as the said company shall think proper, and generally to use all such other ways and means as to the said company shall seem meet for carrying into effect the objects aforesaid; and also (if they shall deem it advisable) to engage in or prosecute the cultivation, manufacture, or preparation of all and any such other products and articles as may be found expedient for, or incidental or assistant to the production of tea. Provided always, that the said company shall not engage in or prosecute the cultivation, manufacture, or preparation of opium, coffee, or sugar.

III. And it is hereby enacted, that the capital of the said company shall consist of company's rupees 50,00,000, to be contributed in 10,000 shares of Company's Rupees 500 each, which shall be the original capital of the said company, and of such further sum as may be raised by the creation and sale of new shares as hereinafter provided for; provided always, that it shall and may be lawful for the said company at any time, and from time to time, to increase the capital of the said company to any amount not exceeding one crone of Company's rupees altogether, by the issue of fresh shares of Company's Rupees 500 each upon such terms as to them shall seem fit.

IV. Provided always and it is hereby enacted, that it shall not be lawful for the said company to raise money by way of loan to a greater amount than one-fifth of the capital of the said company.

V. And it is hereby enacted, that all and every the grants of land already made, obtained, or contracted for by the said society or company, in the names of any directors or director thereof, or of any person or persons, and the plantations and works made and erected thereon, and the produce thereof, and all offices, warehouses, and buildings, and all articles whatsoever upon or appertaining thereto, or used therewith, and all property, real and personal, goods, articles, and things whatsoever purchased, taken, bought, grown, produced, or otherwise acquired for the purposes of the said company, and all the estate, right, title, and interest whatsoever therein, both at law and in equity, to all intents and purposes, shall henceforth vest in and belong to the said "Assam Tea Company," and their successors, in their corporate capacity, and that no individual subscriber or shareholder thereof shall as such have or pretend to any estate, ownership, or right of property therein.

VI. And it is hereby enacted, that the said company shall have full power to make and constitute any bye-laws, rule, and regulations not repugnant to law or to this Act for and relating to the government and affairs of the company, and for the government and guidance of the directors and officers, and from time to time to rescind, alter, and vary the same; and that the provisions of the said deed of association shall, until duly altered or abrogated, constitute and be deemed the first bye-laws, rules, and regulations of the said company, and shall have and take effect as such so far and in such particulars as the same are not repugnant to law or to this. Act.

VII. Provided always, and it is further enacted, that nothing herein contained shall be construed to render illegal or invalid any general or other meeting of the said company, or of the managing body thereof, of any election, resolution, or other proceeding whatsoever, held, made, or passed thereat, by reason of the same being held in pursuance of the said bye-laws, rules, and regulations contained in the said deed of association.

VIII. And it is hereby enacted, that a general meeting of the company shall be held at the principal office or place of business of the said company at Calcutta, twice at the least in every year, and oftener, when and if need shall be, the time of holding which periodical meetings, and the form and mode of requisition for holding special or extraordinary meetings, and of advertising and giving notice thereof respectively, shall be settled and determined by bye-law or rule of the said company. And that at all such

general meetings, whether periodical or special, every proprietor holding 5 shares and less than 20 shares, shall be entitled to one vote; 20 and less than 50 shares, to two votes; 50 and: less than 100 shares, to three votes; 100 shares and upwards, to four votes; but that no proprietor shall be entitled to vote who shall not hold at least 5 shares; provided, however, that, except as to the present proprietors of the said company, and the shares now held by them, only the shares in respect of which any proprietor shall claim to vote shall have been held for such period: of time as is or shall by required by bye-law of the said company, provided always, and it is hereby enacted, that votes given by proxy according to any bye-law, rule, or regulation of the said company, shall be deemed to be as valid and effectual as if given in person.

ix. And it is hereby enacted, that at such periodical meetings as aforesaid, the books and accounts of the said company shall be produced and exhibited for the inspection, examination, and approval of the subscribers or shareholders at large, and that at each of such periodical meetings there shall be produced and presented by the directors, or other officers of the said com pany for the time being, a true account in abstract and balance sheet shewing the whole of the receipts and disbursements and operations of the said company, commencing from the date of their next preceding periodical meeting and account brought down to the date of holding such periodical meeting at which the same shall be produced, or as near thereto as conveniently may be, and that such abstract account and balance-sheet when examined, approved, or passed by such or any subsequent meeting, shall immediately be published in the Government Gazette at Calcutta, and in two public newspapers of general circulation at Calcutta aforesaid.

X. And it is hereby enacted, that all payments already made on account of the shares subscribed for in the said company shall be deemed valid and effectual payments, and are hereby acknowledged and confirmed.

XI. And it is hereby enacted, that a certificate signed by three directors of the said company shall be delivered to every proprietor or shareholder of the said company, and that any share of the said company shall be transferable by indorsement made on the certificate representing such share or shares respectively by the holder thereof, provided that such indorsement shall specify the name of the party to whom such transfer is made; provided always, that no such indorsement shall be effectual to transfer any share or shares until the transfer shall have been registered in a register to be kept for that purpose at the principal office in Calcutta of the said company, and until a note of such registration and of the date thereof shall have been made on the back of the indorsed certificate under the hand of the secretary of the said company for the time being, or of such other officer as shall be appointed by the said company for that purpose.

XII. And it is hereby enacted, that the shares of and in the said company shall, as between the several proprietors thereof and their real and personal representatives, and all other persons claiming under them, be deemed to be personal estate to all intents and purposes whatsoever, and be transmitted and transmissible and disposed of accordingly.

XIII. And it is hereby enacted, that for the purpose of satis fying any demands upon the said company, or for the purpose of raising any further capital that shall become requisite for the purposes aforesaid, the several subscribers or shareholders shall pay up the whole or any part of the unpaid amount of their respective shares by instalments to be called for by such persons in such manner, and to be paid at such times, and places, and manner, as shall be appointed for that purpose by any bye-law or regulation of the said company.

XIV. And it is hereby enacted, that it shall be lawful for the said company, by bye-law or rule, to provide that if any such instalment be not paid on or before the day fixed for the payment thereof, interest after any legal rate to be appointed by such byelaw or rule shall be paid upon such instalment from snch day up to the day when the said shall be actually paid, and the amount of any such call, with interest, shall be a debt due to the said company; and it shall be lawful for the said company in like manner to make any provision or provisions for the forfeiture of any share or shares on the non-paymant of any such instalment and interest, or the restoration of any forfeited share or shares. Provided that no such forfeiture shall be incurred until after default shall have been made for at least three calender months.

XV. And it is hereby enacted, that the said company shall have the benefit of and shall be bound by all the contracts, acts, deeds, matters, and things which, up to the passing of this Act, have been done, executed, and performed by the provisional committee, or the partnership association constituted under the said deed of the 31st January, 1840, and hitherto known as the Assam Company, for the purpose of forming and establishing the

said company, or by, or with their, or any of their order, direction, or sanction, in regard thereto, or to the business, or the funds, or property thereof, or in any wise relating thereto. And the said company shall and may, in manner herein mentioned and provided in that behalf, sue and be sued thereon, and in respect thereof, and shall have and be subject to the like rights. and liabilities in respect thereof, as the said partnership association. or the members thereof, would have been.

XVI. And it is hereby enacted, that a copy of the original deed of association of the said company, and copies of all rules, orders, bye-laws, regulations, or proceedings of the said company, or other instruments whatsoever, whereby any change shall at any time be made by the authority of the said company in the provisions of the said original deed of settlement, shall be kept at the office of the said company in Calcutta, and shall there be open to the inspection of all persons during the usual hours of business of the said office, and a copy of such original deed of settlement, and a copy of each such rule, order, byelaw, regulation, proceeding, or instrument as aforesaid, shall also be deposited by the said company as soon as it can be done after the passing of this Act, or after the making of any such rule, order, bye-law, regulation, proceeding, or instrument hereafter to be made, in the office of the prothonotary of the Supreme Court of judicature at Fort William aforesaid, and shall be there filed, and be and remain open to the inspection of all persons during the usual hours of such office, and an examined copy of each such filed copy as aforesaid, certified and under the hand of the prothonotary for the time being of the said supreme court, shall be good and sufficient evidence of each such original deed, rule, order, bye-law, regulation, proceeding or instrument in all actions, suits, and proceedings whatsoever, whether civil or criminal, to be had in any court of justice, or before any magistrate or other officer, whether acting judicially, or in any proceeding preliminary to a judicial inquiry throughout the territories for which the Governor-General in council has power to legislate.

XVII. And it is hereby enacted, that the said company shall cause the name of each and every director of the said company, and also the name and proper official description of each and every officer af the said company, and of every person acting and officiating for the time being as such officer, to be entered in a book to be kept at the said principal office in Calcutta of the said company, to be there open to the inspection of all persons during the usual hours of business of the said office, and shall also within six months from the time of passing this Act, cause a memorial of the said names and descriptions respectively to be enrolled in the said office of the prothonotary of the said court, and a fresh memorial thereof to be from time to time enrolled as often as any change or changes shall be made or take place either in the direction aforesaid or in any of the said offices.

XVIII. And it is hereby further enacted, that the said company shall cause the names, places of residence, and descriptions of the business, profession, or employment of the proprietors of shares in the said capital stock, and the number of shares held by each proprietor, to be registered in a book and numbered in a regular consecutive series beginning with No. 1; and such book shall be kept at the said office in Calcutta, of the said company, and shall there be open to the inspection of all persons during the usual hours of business, and each.. successive transfer or change of ownership in any share or shares shall be entered in manner above mentioned, with the like particulars above mentioned in the said book, and against the original entry of such. share or shares shall be entered a note of every such change of ownership or transfer, with a sufficient reference to the place or places in such book wherein is or are made the entry or entries of the name or names, place or places of residence, and descriptions of the proprietor or proprietors to whom or in whose favour such transfer or change, transfer or changes, shall have been made or had from time to time as aforesaid.

XIX. And it is hereby enacted, that the said company shall sue and be sued, and described in and by its said corporate name, and otherwise in all proceedings whatsoever, whether civil or of a penal or criminal character, and whether the same be the proceedings of any court, or of any magistrate or other officer executing any inquiry, either preliminary to or in the nature of a judicial investigation or inquiry, and shall for all pur poses of jurisdiction be capable of suing and proceeding, and be liable to be sued and proceeded against in its said corporate name, character, and capacity, in and before any such court, magistrate, or officer, within any of the territories for which the N Governor-General in Council has power to legislate in respect ofop all matters and things over which such court, magiate or officer respectively may have jurisdiction, and to the tens of such jurisdiction in like mannor as the same may for the time

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being be there had by or against any British subject or subjects within the said territories; provided always that no process or proceedings whatsoever, whether of a mesne or judicial nature, shall be had against the person or property of any individual members, shareholders, or subscribers of the said company, either for the purpose of giving notice of any suit or proceeding, or of effecting any appearance to any suit or proceeding, or of obtaining payment or satisfaction of any debt, claim, or demand against the said company, or of levying any fine or penalty awarded against the said company, or of obtaining payment or satisfaction of any judgment, decree, award, order, or determination against the said company, or for any the like purpose, but that all such process and proceedings of what nature soever shall be had solely against the corporate stock, property, and effects of the said company.

XX. And it is hereby enacted, that all services of mesne process, and all notices whatsoever which by law, or by the practicc of any court wherein the said company shall sue or be sued, are required to be served or given for the purpose of compelling or causing an appearance to be entered in any suit, or for enabling a proceeding to be had ex parte in the absence of a party to a suit, or previously to the institution of any suit or proceedings, or for any other purpose whatsoever connected with, or having reference to, the continuation, conduct, or prosecution of any suit, or the revival of the same, or which shall at any time be directed to be given by any such court to the said company in reference to any proceedings therein pending, shall and may be made and given in addition to all ways and means by which the same may otherwise be legally made or given upon or to the secretary for the time being of the said company resident in Calcutta, or the person or persons acting and officiating as such, or by leaving the same addressed to the said secretary or person acting and officiating as such at the said principal office in Calcutta of the said company.

XXI. And it is hereby enacted, that this Act shall continue in force until the 30th day of April, 1854.

Ordered, that the draft now read be published for general information.

and hazy, were signalized to return to the brig. There was a port in the lady's cabin, out of which she must have thrown herself, as it was locked inside, and the port was so placed that she could not have fallen out. When Capt. Stevenson broke into her cabin, her light was burning, and her bible open on the locker, close to the after-port. How any suspicions can have arisen as to the facts of this simple statement, we cannot imagine. The captain seems to have done all that he could in endeavouring to save the unfortunate lady, and to have taken the proper course afterwards by making affi. davit to the circumstances before a magistrate at the first port he came to, only three days afterwards. We suppose that our contemporaries were disappointed in not obtaining a tragic tale, and therefore tried to make one; but as the character of an honest man is injured by such insinuations, we think they would have done well to inquire before they brought such ex. traordinary charges against him. We have no other interest in the matter than a desire to do justice to one whom the press has wronged, and we hope those who have spread a calumnious account of this accident will be sufficiently impartial to reprint this simple statement of the facts which occurred. If blame is to be cast anywhere, it rests upon the lady's friends or professional attendant for not warning the captain of the state of his passenger, which, though it would have been obvious to a professional man, could hardly be understood by a mere sailor. —Englishman, June 26.

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Ordered, that the said draft be reconsidered at the first meeting of the Legislative Council of India after the 28th day of August next. G. A. BUSHBY, Sec. to the Govt. of India.

MISCELLANEOUS.

MYSTERIOUS DEATH OF A LADY.-A month or two back some mysterious paragraphs appeared in the paper of the other presidencies, relating to the death of a lady on board the brig Fanny. That vessel has now returned to Calcutta, and Captain Stevenson has shown us the affidavits made at Cannanore, within a few days after the accident, which can leave no doubt upon the mind of any unprejudiced person that the unfortunate lady committed suicide in a state of temporary derangement. The facts are shortly these: Mrs. S., a widow lady, embarked on board the Fanny on the 5th April, being sent to sea by her medical adviser. No intimation, however, was given as to her requiring unusual care or watchfulness, or having any mental disease. The next morning she came out of her cabin, complaining that some one had threatened her life, and was following her throughout India; she was persuaded to retire to her cabin, and if a medical man had been on board he would probably have advised that she should have been kept there, but no suspicion as to her state seems to have struck Capt. Stevenson. About eight o'clock, she returned to the cuddy, where she remained till the afternoon reading the bible, ejaculating portions of scripture and talking wildly; she observed two of the lascars talking together, and said that they were using abusive language towards her, and threatening to take her life. In the afternoon, she became rather composed and sat down to dinner, but ate very little; she went upon deck in the evening, and conversed very rationally; returned to the cuddy and read tracts till about half-past eight, when she retired to her cabin, and was never seen afterwards. About midnight a heavy splash was heard in the water, and Capt. Stevenson being roused by it, went immediately upon deck, and not seeing the mate on the poop, concluded that he had fallen overboard. It appeared, however, that he had gone forward. Capt. Stevenson gave the alarm, and put the helm down imme. diately. On seeing the mate, it occurred to him that it might be the lady that had fallen overboard, and he went to her cabin; the door was locked; he burst it open, and found that she had left it, and was nowhere to be seen. In the meantime, the boat was manned and directions given to the people where to pull, lights being shewn from the vessel. They searched for about an hour without success; and the night being very dark

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(Signed) H. J. LEE, accountant CAWNPORE, 21st June.-" I have not of late troubled you with my lucubrations, and would not, in all probability, do so now, were it not that some events, which have occurred at this sta tion within the last few days, seem worthy of being chronicled; and this must be my excuse. The cholera has broke out here within the week; it commenced with the foot artillery (European), and has now extended to the men of the 53rd Foot, numbers of whom are daily brought into hospital; and amongst whom, I regret to say, four or five deaths occurred both yester day and the day before. The heat of the weather is of course unfavourable to this sad disease; and the rains, which might be of service, seem as far off as ever. It was hoped that the change of the moon, which took place yesterday morning, might have produced a corresponding change for the better in the weather, which has been exceedingly oppressive of late; but with the exception of a tolerably smart shower of rain in the afternoon, ac companied, or rather followed, by a most tremendous dust storm, which produced an Egyptian darkness' for about twenty minutes (at 5 or half-past 5 P.M.), the monsoon does not appear to have commenced.-Delhi Gazette, June 25.

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MILITARY INTELLIGENCE.-Major Talbot, of the 59th Bengal Infantry, is, we are told, to retire immediately, having accepted the bonus offered by his regiment. This retirement will promote Captain and Brevet Major Grant to a regimental majority. A rumour is abroad, that on promotion occurring, Sir James Lumley will retire from the office of Adjutant General, the same having been secured for Major Grant; Captain J. R. Lumley to become deputy. It is stated to us that Major Talbot's bouts is Rs. 40,000. of which 22,000 are to be paid by Major Grant.

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