He returned to India in September, 1831, and assumed the command of his corps, having then attained the rank of major. But he was not long allowed to remain with it, as he was selected by the then commander-in-chief to recover and set to rights a corps, which had fallen into " a state of complete disorganization and inefficiency "-and this he effected in the most satisfactory manner, and elicited the unqualified approbation and thanks of his superiors for so doing-and whilst in command of his own corps, he was repeatedly represented by various general officers to head-quarters, as a most zealous, efficient, and praiseworthy officer. It was frequently communicated to him, "the gratification the commander-in-chief has experienced at the high state of discipline of the 6th regiment, and that Major Me Master's ability as a commanding officer well deserved the highest approbation." As a mark of the esteem and regard with which the officers of his regiment regarded him, on his leaving it, they presented him with an elegant sword, accompanied by a letter expressive of their sincere good wishes. Soon after this, he suc ceeded to the command of a brigade, which he held with the approbation and confidence of his superiors for nearly two years; but was again seized with a severe illness, which compelled him to return a second time to Europe. In September, 1813, he again returned to India, his heart being still attached to the duties to which his whole life had been devoted; but his physical energies were sadly impaired, as he experienced, on returning to the warm climate of India. However, being now nearly at the top of the list of lieutenantcolonels, he hoped to continue with respectability in the command of a corps until he should obtain the next step, and then to return to his native land, to enjoy, in the evening of his days, the competency provided for those who have spent the best of their lives in the irksome and laborious toils of Eastern warfare, as he had done. During his short sojourn at Madras, on his arrival, the heat was most oppressive, and powerfully affected him; but finding himself posted to a corps at this station, the climate of which had always agreed with him, and he had every reason to hope would again restore him, at least to such a state as would enable him to conduct his duties, and it did so, for on his reaching this, his health was decidedly much improved and in a short time after his arrival, he was able to ride out, and take all sorts of exercise. Previous to his leaving Madras, he was ordered to appear before the Medical Board, the sages of which, without taking into consideration the meritorious services of this worthy old soldier, or the likelihood of his recovery when in a more congenial climate than the presidency, must have made a most unfavourable report of his state of health, &c., for soon after his arrival here, he was transferred to the invalid establishment, quite against his wishes or consent, and without his being physically or mentally incapable of performing the duties of his rank. The first announcement of this act of gross injustice which he received, was from the Fort St. George Gazette wherein it was stated that "The Most Noble the Governor in Council transferred Lieutenant colonel Bryce McMaster to the Invalid Establishment. G. O. G. 31st Oct. 1843." Here was a fine return made to one who had spent his life in the service, and who during a period of forty years, had only had nine months' private leave, and been often employed on most arduous services and wounded in action. The Most Noble the Governor in Council, the Commander-in-Chief, the Adjutant General, the Military Secretary to Government, and the Medical Board, must all have taken part in this proceeding, quite unprecedented in the Madras Army, and exhibiting a reckless disregard to the merits of a man who most richly deserved far other treatment, and it caused a universal and general murmuring throughout the whole army. As there were then but three lieutenant colonels above him, and probably a few months would have brought him to that rank which was the sole object of his desire, and after a life spent as his had been, he most certainly was fully entitled to look forward to and expect. The sequel is brief-a strong memorial to the Court of Directors, supported by voluminous testimonials of his meritorious and highly valuable services, was forwarded by this much-injured and illiberally treated officer, soliciting his restoration to the effective list; the representations from other quarters were, however, too powerful to allow his request to be complied with. And he came to this station, which had often been the scene of his more active and useful days, much worn down, and apparently dejected and broken-hearted, from the treatment he had experiened from the Government he had so long faithfully and zealously served, when death relieved him from all suffering on the 8th inst. Mr. Dickinson will be sworn in as member of council at noon this day, under a salute of thirteen guns.-United Service Ga+ zette, July 1. The Circulator of Friday last congratulated Captain Byng on the resolution of the Court of Directors, that this officer should not be visited by any severer marks of its displeasure than the punishment awarded by sentence of the Court-martial. We ourselves, on the same day, received a letter from Nagpore, dated 17th June, confirming the above, with the addition that Captain Wilder and the other officers of the 6th cavalry. who signed the objectionable letter, are to be reprimanded. We further know that the two previous mails had brought private letters, communicating the decision of the Court in the case of Captain Byng, but we had reason to believe that government had not received any official communication till the arrival of the present mail, which we imagine has brought advice to the above effect, since we know that the Court's decision was yesterday spoken. of as a certainty at Government house, so we may expect to see an extract from the despatch in the Official Gazette of this evening. The decision of the Court of Directors in this matter shews its determination to vindicate and maintain the independence of courts-martial, unmoved by the influence of power, and its commands will, we are sure, be received by the whole army with the strongest feelings of satisfaction. We trust, however, that the Court, on receiving proofs of the positive perjury committed in one instance, in the case of the prosecution in the Arcot trials, upon the Sepoys of the 6th cavalry, and the very doubtful nature of other portions of the evidence, will submit the facts to the consideration of her Majesty's judge advocate general, and that thus an equal measure of justice will be ultimately meted out to the unfortunate native officers and others of that regiment, who have been punished under circumstances of exceedingly. doubtful legality !-Ibid.. The Bishop of Madras has, in accordance with royal letters patent, under date 7th April, 1815, officially notified his lordship's assumption of the authority and functions of the metropolitan see of Calcutta. We felt pretty certain from the first that such would be the result, notwithstanding the kindly endeavours in a high quarter to place obstacles in the way of Dr. Spencer's appointment to officiate as metropolitan during the absence of the Bishop of Calcutta, under the plea that his presence was very urgently required in his own diocese. This is much in keeping, though, with the unnecessary detention at Madras of the Bishop's patent in transitu from Calcutta, which those who have heard of the fact consider a mean attempt to cause his lordship some little annoyance. We understand that a consistorial court will be shortly opened at this presidency by the Venerable Archdeacon of Madras, under instructions from the Lord Bishop. - Ibid. BANK PROXIES. - We learn from the Spectator of Wednesday that her Majesty's Solicitor-General, in consultation with another eminent counsel, has pronounced clearly against the assumed legality of "general proxies," the case originally submitted to Mr. Norton having been laid before those high legal authorities, whose opinions are confirmative of the Advocate-General's opinion on the bank proxy question : "We are of opinion that a proxy to be legally available should be given for a particular meeting, and should specify the particular matter or matters upon which the right of voting is to be exercised. (Signed) Temple, 20th May, 1815." -Ibid., July 4. "FRED. THESIGEE, WM. BOVILLE. A correspondent at Arcot tells us that the cholera still hovers about that cantonment, another fatal case having occurred in the 57th a few days ago, and states that the men are extremely anxious not to return to those barracks, as believing them to be the very stronghold of the epidemic. Another correspondent suggests, that a Committee of Health ought immediately to be assembled, with a view to the adoption of those salutary measures which were resorted to in 1837, by removing that belt of dense jungle along the bank of the river to the south of the cantonment, which both obstructs the free course of air, and engenders noxious vopours, either alike tending to the production of the disease.-Ibid., July 8. GOVERNMENT GENERAL ORDERS. ALTERATIONS IN CODE OF PAY AND AUDIT REGULATIONS. Fort St. George, July 1, 1815.-The Most Noble the Governor in Council is pleased to publish, for general information, the following list of alterations required in the code of pay and audit regulations, under recent decisions of the Hon. the Court of Directors; and to direct that all copies of the work officially furnished, as books of reference, to a fices and departments, shall be corrected accordingly. SECTION 40th. Page 181, head " Baggage."-The following N. B. is to be added to paragraph 1, under this head : "Officers or others returning on sick certificate from foreign expeditionary service in the field, and suffering loss of baggage from shipwreck, fire, or capture, are considered as on duty, and entitled, accordingly, to compensation for loss of baggage or camp equipage." Page 184.In the third lire of paragraph 7, under the same head, the words "medical certificate or" are to be omitted. SECTION 16th. Invalids, Pensions, and Pensioners. Page 342, head “Eligibility.”—Paragraph 3 under this head is cancelled, and to be altogether omitted. Page 362, head "Rates of Pensions."-The following addition is to be made to the N. B. at the foot of this page: "A wound received in action with any enemy, in garrison, for instance, with the native population (insurgents), or with robbers who may have attacked the post where the wounded soldier was on duty, gives the same claim to pension as a wound received on actual service with a regularly organized army in the field." "The rule which authorizes pension to sepoys disabled on duty is applicable to troopers Inmed, or permanently injured, when in the execution of their duty in endeavouring to secure troop horses broken away from their pickets or camp." MYSORE TERRITORIES. Fort St George, July 4, 1845. The Most Noble the Governor in Council is pleased to cancel so much of the notification of Government, dated 16th April, 1844, published in the Fort St. George Gazette of the 19th of the same month, page 323, as declares the Mysore territories to be foreign; and to notify that the chokies in the Hon Company's country on the frontiers of those territories, have been removed. By order of the Most Noble the Governor in Council. MISSING PAY ABSTRACTS. Fort St. George, July 4, 1845.- Questions having recently arisen as to what party is responsible for missing pay abstracts and other vouchers, in cases where their loss or destruction during transmission cannot be clearly ascertained, the Most Noble the Governor in Council is pleased to notify, for general information, that, on all such occasions, where documents are stated to have been despatched, but shewn not to have been received by the party to whom they were addressed, the entire responsibility attaches to the sender; uuless he can prove satisfactorily that the papers in question were actually despatched or posted by him, or under his direction. FORMATION OF THE ADDITIONAL BATTALION OF ARTILLERY. Fort St. George, July 8, 1845.—-The Most Noble the Governor in Council, with reference to G. O. G. No. 105 of 1845, is pleased, at the recommendation of his Exc. the Commander-inChief, to direct the following arrangements for the formation of the additional battalion of artillery. 1. The additional European battalion, to be designated the Fourth Battalion of Artillery, to be formed at Saint Thomas's Mount, with the exception of one company, which will be formed at Secunderabad, and there stationed until further orders. The gunners in excess of sixty, now present with the several companies of artillery on foreign service at Maulmein and Aden, are to remain with those companies, and to be borne as supernumeraries until absorbed by casualties. 2. The present Fourth or Golundauze Battalion of Artillery, to be designated the Fifth or Golundauze Battalion of Artillery, from and after the 3rd instant. 3. The additional companies of gun lascars of the present strength to be formed, and attached to the 4th battalion; the supernumerary gun lascars now upon the establishment to be drafted to the necessary extent into these two companies, and such as may still remain supernumerary to be borne as supernumerary upon the several battalions, as most convenient, until absorbed by casualties. 4. The company of China gun lascars to remain as at present. 5. A 2nd-apothecary, assistant apothecary, and 2nd-dresser to be added to the establishment for the 4th battalion of artillery. 6. The establishments of the horse-brigade and European and native battalions of artillery, under the re organization which is to take effect ftom the 3d July, 1845, will be detailed in the * Each consists of 1 subadar, 1 jemadar, 4 havildars, 60 lascars, 8 lascar boys, I puckally, or 2 bheasties. LIEUT. J. H. GLAZBROOK. H. M. 4TH. REGIMENT. Head Quarters: Choultry Plain, 16th May, 1845.-At a general Court-martial holden at Secunderabad, February 22, 1845, Lieut. John Hales Glazbrook, of H. M. 4th., "The King's Own" Regiment of Foot, placed in arrest by order of the commanding officer, was arraigned upon the following charge. Charge. "For having absented himself without leave from the head quarters of his regt., at Secunderabad, from the 30th of Nov. 1844, to the 13th of Jan. 1845, by overstaying the leave of absence granted him in general orders of the 24th of August, of the year first mentioned, "The above being in breach of the Articles of War." (Signed) WM. SADLIER, Major, Commanding H.M. 4th "The King's Own" regt. of foot. Secunderabad, 1st Feb. 1845. Upon which charge the Court came to the following decision. "The Court on the evidence before it is of opinion, that the "The prisoner Lieut,. John Hales Glazbrook, of H. M. 4th, King's Own" regt. of foot-is Finding on the Charge-" Guilty of the charge." Sentence.- -"The Court sentences him, the said Lieutenant John Hales Glazbrook, of her Majesty's 4th, "The King's Own" regiment of foot, to be severely reprimanded in such manner as his Excellency the Most Noble the Commander-in-chiet may be pleased to direct." Confirmed. Lieut. Glazbrook applied for an extension of leave only two days previous to the expiration of that which had been originally granted him, giving no reason for the extension solicited; and further, took no means to obtain the letters sent to him by order of his commanding officer from his agents, to whom they were addressed at his desire. These circumstances shew Lieut. Glazbrook's conduct in a very unfavourable light, and deserving of a severer punishment than has been awarded him. It is expected that he will shew himself worthy of the leniency which has been exhibited towards him, and study, by his future conduct, to obtain the approbation of his commanding officer. (Signed) TWEEDDALE, Lieut. gen. Madras, 12th March, 1815. Lieutenant Glazbrook is released from arrest, and will return to his duty. LIEUT. W. G. C. CROWTHER, H.M. 63rd REGT. At a General Court-martial holden at Bellary, on Monday the 20th of January, 1845, and continued by adjournment to Monday the 17th day of February of the same year, Lieut. William George Langrish Crowther, of H.M. 63rd regt. of foot, placed in arrest by order of the commanding officer, was arraigned upon the following charges : First Charge." For having at Bellary, neglected to obey the orders of Major Arthur Cunliffe Pole, commanding the same regiment, by failing regularly to attend the officers' mess, he, Lieut. Crowther, having been present at the mess only twelve days in the month of July, nine days in the month of August, three days in the month of September, three days in the month of October, and ten days in the month of November, 1844. Second Charge. -"For having at the same place, on the 27th of November, 1844, failed to appear at the time and place of parade appointed by Major Arthur Cunliffe Pole, commanding the same regiment. Third Charge." For having, at the same place, on the 11th of the following month, failed to appear at the time and place of parade appointed by Major Arthur Cunliffe Pole, commanding the same regiment. Fourth Charge." For conduct unbecoming the character of an officer and a gentleman, in having, at the time and place last specified, when called upon in the regimental orderly room by his superior officer, Captain Anthony Gardiner Sedley, commanding the same regiment, to account for his absence from parade on the occasion set forth in the third charge, stated to the effect, that the hour for parade named in the order-book of his company was half-past six o'clock, he, the said Lieut. Crowther, well knowing such statement to be contrary to fact. "The above being in breach of the Articles of War." (Signed) A. G. SEDLEY, Captain, commanding H. M.'s 63rd regt. of foot. Bellary, 17th Dec. 1844. Upon which charges the Court came to the following decision : The Court having most maturely weighed and considered the whole of the evidence brought forward in support of the prosecution, as well as what the prisoner,. Lieutenant William George Langrish Crowther, has urged in his defence, and the evidence in support thereof, is of opinion: Finding on the first Charge." That the prisoner is guilty of the first charge, with the exception of the words, three days in the month of September, three days in the month of October, and ten days in the month of November "-it appearing in evidence that the prisoner was present at the mess two days in the month of September, two days in the month of October, and eleven days in the month of November-and that he was on the sick list from the 7th of September to the eighth (8th) of October, and also on the sick list from the seventeenth of October to the twenty-third of the same month." Finding on the second Charge." That the prisoner is guilty of the second charge.' " Finding on the third Charge.—“ That the prisoner is guilty of the third charge." Finding on the fourth Charge." That the prisoner is not guilty of the fourth charge, and the Court honourably acquits him thereof." Sentence." The Court having found the prisoner guilty to the extent above stated, doth sentence him, the said Lieut. William George Langrish Crowther, of her Majesty's 63rd regiment of foot, to be severely reprimanded in such manner as his Excellency the most noble the Commander-in-chief may be pleased to direct." Approved and confirmed. Lieutenant Crowther is hereby severely reprimanded, and directed to be more attentive to the customs and regulations of the service, by a regular attendance at the mess of his regiment, and by a more punctual observance of his duties as an officer. (Signed) TWEEDDALE, Lieut. gen. Madras, 12th March, 1845. Lieutenant Crowther is released from arrest, and will return to his duty. These orders are to be entered in the general order books, and read at the head of every regiment in her Majesty's service on the establishment of Fort St. George. By order of the most noble the Commander-in-chief. (Signed) T. S. PRATT, Depy. Adj. gen. H. M.'s Forces. ENSIGN JAMES BRUCE, 37th M.N.I. Head Quarters, Choultry Plain, 19th May, 1845.-The following extracts from the confirmed proceedings of an Euro. pean general Court-martial, holden at Waltair, on Tuesday, the twenty-second day of April, in the year of our Lord one thousand eight hundred and forty-five, by virtue of a warrant from his Excellency Lieut. Gen. the Most Noble the Marquis of Tweeddale, K.т. and c.в. Commander-in-Chief, are published to the army. Ensign J. Bruce, 37th N.I., placed in arrest by order of Brigadier Arthur Cooke, commanding the northern division of the army, upon the following charge. Charge. For conduct unbecoming an officer and a gentle. man, in having at Waltair, December 12th, 1844, falsely stated to Capt. R. Cotton and Lieut. F. Goldsmith, of the 37th regt., that all the silver articles which he had bought from the mess (meaning silver articles he had purchased from the mess of the said regt., to the value of forty rupees or thereabouts, in the month of September of the same year), had been stolen from him the preceding night, and asking on that ground to be allowed to purchase more plate from the mess, whereas he, Ens. J. Bruce, well knew that a large portion of the silver articles so purchased by him from the said mess as aforesaid, had been pawned by him, Ens. J. Bruce, to Gootee Veeranah, inhabitant of Allipoorum, near Vizagapatam, in the preceding month of October. The above being in breach of the Articles of War. (Signed) E. WARDROPER, Major, Comg. Thirty-seventh Regt., Grenadiers. The Court having most maturely weighed and considered the whole of the evidence brought forward in support of the prose cution on the charge, as well as what the prisoner, Ens. J. Bruce, of the 37th regt., has urged in his defence, is of opinion: Finding on the Charge. That the prisoner is guilty of the charge. Sentence.-The Court having found the prisoner guilty as above stated, doth sentence him, Ens. J. Bruce, of the 37th regt., to be dismissed from the service. Waltair, 28th April, 1845. (Signed) C. F. SMITH, Lieut. Col. European Veterans, and President. Madras, 5th May, 1845. Ens. J. Bruce is to be struck off the strength of the army, from the date of the publication of this order at Waltair, which is to be reported to the Adjutant-general of the army. ASSISTANT SURGEON T. G. JOHNSTON, M.D. 11TH M.N.I. Head Quarters, Choultry Plain, 11th June, 1845.-The following extracts from the confirmed proceedings of a European General Court-martial, holden at Waltair, on Tuesday, April 22, 1845, and continued by adjournment, by virtue of a warrant from his excellency Lieutenant General the Most Noble the Marquis of Tweeddale, K.T. and C.B. C. in C. are published to the army. Asst. surg. Thomas Glen Johnston, M.D. attached to the 11th N.I. placed in arrest by order of Major Michael Davies, commanding the said regiment, upon the following charge. Charge. For conduct unbecoming the character of an officer and a gentleman, and to the prejudice of good order and military discipline, in having at Vizianagrum, on the evening of the 3rd of April, 1845, in the presence of several officers assembled outside the mess-house of the 11th reg. of N.I. without provocation, made use of the following grossly insulting language to Ens. J. C. West, of the said regiment, namely, "You are a skulking coward," or words to the same effect. The above being in breach of the Articles of War. (Signed) M. DAVIES, Major, Commanding 11th reg. of N.I. By order. (Signed) R ALEXANDER, Lieut. Col. Adjutant General of the Army. Vizianagrum, the 4th of April, 1845. The Court having most maturely weighed and considered the whole of the evidence brought forward in support of the prosecu tion, as well as what the prisoner, Assist. surg. T. G. Johnston, has urged in his defence, is of opinion: Finding on the charge.-That the prisoner is "guilty of the charge." Sentence. The Court having found the prisoner guilty as above stated, doth sentence him, the said Assist. surg. T. G. Johnston, M.D. of the Madras Medical Establishment, attached to the 11th reg. N.I. to be suspended from rank and pay and allowances for a period of six calendar months. (Signed) C. F. SMITH, Lieut. Colonel European Veterans, President. Waltair, May 24. 1845. The period of suspension awarded Assist. surg. T. G. Johnston, M.D. is to commence from the date of the promulgation of this order at Waltair, which is to be reported to the Adjutant general of the army. The General Court-martial of which Lieutenant colonel Cle ment Fitzwater Smith, of the European Veterans, is president, is dissolved. R. GORDON, Dep. Adjt. Gen. of the army. MAJOR ALEXANDER WILLIAM LAWRENCE, 7TH M. L. C. Head Quarters, Choultry Plain, 28th June, 1845.-The following extracts from the confirmed proceedings of an European General Court-martial, holden at Kamptee, on Monday, April 21, 1845, by order of Brigadier James Perry, commanding the Nagpore subsidiary force, by virtue of a warrant from Lieutenant General the Most Noble the Marquis of Tweeddale, K.T. and C.B., Com.-in-Chief, are published to the army. Maj. A. W. Lawrence, 7th regt. L.C., placed in arrest by order of Brigadier James Perry, commanding the Nagpore subsidiary force, upon the following charge : Charge. For conduct highly unbecoming the character of an officer and a gentleman, and to the prejudice of good order and military discipline, in having, in the public rooms at Kamptee, February 4, 1845, in a conversation with Lieut. W. C. Rich, 46th regt. N.I. on the subject of a complaint made against him, Maj. Lawrence, by Lieut. col. J. Clough, commanding the said regiment, on the part of himself and his officers, which complaint had been previously made a matter of official reference, and fully disposed of by Brigadier James Perry, commanding Nagpore subsidiary force, made use of the following offensive expressions in reference to the said Lieut. col. Clough, namely, "Then Col. Clough has told a lie, for he most distinctly stated to Capt. Grimes, that he had read it" (meaning a letter addressed to the said Lieut. col. Clough, by Capt. J. Grimes, assist. adjt. gen. of the Nagpore subsidiary force, under date the 16th of the preceding month of January, by order of the said Brigadier James Perry), "to the officers of his regiment. This is the third lie he has told; I could bring him to a court-martial for this,' or words to the same effect; thereby seriously aspersing the character of the said Lieut. col. Clough as an officer and a gentteman to the said Lieut. Rich, in a manner tending greatly to lessen the respect of a junior officer for his superior and commanding officer, as well as to lower the said Lieut. col. Clough in the opinion of all the officers of his corps; he (Maj. Lawrence) having at the same time no ground for his calumnious assertions. The above being in breach of the Articles of War. (Signed) J. PERRY, Brigadier, Commanding Nagpore Subsidiary Force. Kamptee, 17th March, 1845. The Court, on the evidence before it, is of opinion as follows: Finding on the Charge.-That the prisoner, Major Alexander William Lawrence, 7th reg. L. C. is "not guilty" of the charge preferred against him, and the Court do therefore acquit him of the same. (Signed) J. WILSON, Colonel, 10th regt. N.I.-President. Kamptee, May 13, 1845 (Signed) WILLIAM HILL, Deputy Judge Advocate General. The Court, after maturely reconsidering its former finding, as recommended in the letter from the Judge Advocate General of the Army, and with all respect and deference to the sentiments of his Excellency the most noble the Commander-in-Chief therein conveyed, see no reason to change its former judgment, and do still abide by its former opinion. (Signed) J. WILSON, Colonel, 10th regt. N.I.-President. Kamptee, June 17, 1845. WILLIAM HILL, (Signed) (Signed) Madras, June 26, 1845. Deputy Judge Advocate General. Confirmed. TWEEDDALE, Lt.-Gl. HAMILTON, Lieut. H. D. 21st N.I. to join his reg. July 12. LEAVE OF ABSENCE. CHESNEY, Lieut. A., H. M. 23rd lt. inf. fr. June 30 to Dec. 31, to Madras. DAWKER, Lieut. col. H. 48th N.I. in ext. to July 20, to remain at Jaulnah. GORDON, Capt. G. 41th N.I. fr. July 15 to Nov. 15, to Secunderabad. IMPEY, Lieut. R. 21st N.I. to remain at Bombay until the season permits his joining, July 1. JACKSON, Capt. W. B. 25th N.I. to 1st Sept. in ext. WALLACE, Lieut. col. 20th N.I. to Eur. on furl. for 6 mo. fr. date of embarkation. MEDICAL. APPOINTMENTS. FERRIER, Asst. surg. C. fr. 41st to 14th N.I. HORAK, Asst. surg. J. A. M.D. fr. 2nd batt. art. to 41st N.I. MOUAT, Surg. J. M.D. to be a gov. of the High School, Madras University. LEAVE OF ABSENCE. JAMES, Asst. surg. E. 3 mo. to Madras, prep. to appl. for furl. to Europe. DOMESTIC. BIRTH. HARRISON, the lady of T. D. civ. surg. at Tellicherry, s. June 20. SELBY, the lady of Geo., art. s. June 28. DEATHS. FRASER, Cornet S. 1st L.C. at Jaulnah, June 8. BOMBAY. EXTRAORDINARY PROCEEDINGS IN THE SUPREME COURT OF BOMBAY.-MR. CHIEF JUSTICE ROPER AND MR. ADVOCATE-GENERAL LE MESSURIER. In order that our home readers may clearly understand the circumstances attending the recent singular proceedings in the Supreme Court, we lay before them in consecutive order the different reports of those proceedings, together with our own remarks upon them. The subject of Mr. Le Messurier's conduct was first noticed in court on the 7th inst., and subjoined is the account given on the following day, by the Bombay Gentleman's Gazette, of what took place on that occasion: The CHIEF JUSTICE addressed the Advocate-General and said, that the Court had understood that he (the A.-G.) had written a most extraordinary letter to the Clerk of the Crown, regarding a case in which an indictment was to have been brought forward last sessions against an individual concerning whom depositions had been taken before a magistrate, in which the Advocate-General for the Government had undertaken to state that the indictment was not to be laid against the individual in question. The power did not belong either to the Government or to the Advocate-General to stop such a prosecution against any individual without the previous knowledge and sanction of the Court. The ADVOCATE-GENERAL endeavoured to explain that he had acted upon his discretion as a law officer of the Honourable Company, after having read over the depositions, and he had addressed the letter in question to the Clerk of the Crown, stating his conviction that the indictment could not be laid. The CHIEF JUSTICE.-Then, Sir, you must understand that you, as Advocate General, have not the powers of an attorney-general, to stop or stay any prosecution, and if you do so in future, it shall be at your peril and risk to obstruct the course of justice. The ADVOCATE-GENERAL said, that if the Clerk of the Crown had thought proper, he could have sent up an indictment against the individual in question. The CLERK of the CROWN replied, that it had not been in his power, as the letter did not reach him till after the grand jury had been discharged. The ADVOCATE-GENERAL again repeated that he had acted in the case to the best of his judgment. The CHIEF JUSTICE, with much warmth, said that he did not choose to have an altercation in the Court; and desired the Advo cate-General to sit down. If such a letter was written, or such an attempt was made hereafter, to interfere with the administration of justice by persons not having authority to that effect, the Court would find means of vindicating its rights and powers. On the 9th July, Mr. Chief Justice Roper again brought forward the subject in court, and discoursed upon it at very great length. The following is a report of the proceedings given in the Bombay Times. The Honourable the Chief Justice took his seat on the Bench at ten o'clock a.m., when his Lordship addressed the AdvocateGeneral to the following effect, in a speech which occupied a full hour's time in the delivery :: Mr. ADVOCATE-GENERAL.-It was understood by the Court that you were to have prosecuted in two cases on the part of Government (Nos. 2 and 4 of the Calendar) at the present sessions; and it was not until the fourth day of these sessions heing held, that an intimation was made to the Clerk of the Crown that you did not intend to indict the parties charged in those cases. It may perhaps be said, as it was said once before, that the Advocate-General has authority to exercise his discretion in such matters, but, in my opinion, he can have no such authority, and can only be looked upon as holding the same position as any other counsel at the Bar would when engaged in a criminal prosecution. Now, what is the result in the present instance of such a course as that persisted in by the Advocate-General? Why, the Clerk of the Crown is placed in an improper and unfair position. The depositions in the two cases abandoned by the former officer being very long, and the evidence of an intricate and difficult nature, some time would be required to frame indictments thereon, and this would have led to much inconvenience-so much so, that the grand jury could not have been discharged perhaps for several days in consequence. Moreover, cases are prejudiced by having once been in the hands of the Advocate-General and then abandoned by him; and although I may be again told, as that officer had the face to tell me the other day, that it is still competent to the Clerk of the Crown to indict the parties, the fact is that the course usually pursued by the Advocategeneral in respect to such cases is wrapped up in mystery, and a general impression is left behind that the prosecution has been abandoned, somehow or other, for want of evidence. It is consequently most unfair to put the Clerk of the Crown in such a situation as this, and I will take care for the future that the Advocate-General is not allowed another opportunity of placing that officer in such a situation. In the opinions of all persons who rightly understand the subject, such conduct on the part of the Advocate-General is most improper. In the present instance, where he has abandoned the prosecution of the two cases referred to, the grand jury are discharged, and the parties accused must be discharged also, although, as I stated in my charge to the grand jury on the first day of the sessions, I have little doubt on my mind, after reading over the depositions, there is sufficient evidence to send them before the petit jury. The course pursued by that officer on this occasion is also highly reprehensible, inasmuch as he has taken upon himself the functions of grand jury, petit jury, and judge. (His lordship here read from his notes on the depositions in cases Nos. 2 & 4, upon which he had charged the grand jury on the first day of sessions, commenting thereon as he went along.) When I ventured to offer my opinion in respect to the weight of the evidence in those cases, I did so without presuming to expect that it would be any guide to the AdvocateGeneral, and I now allude to it merely to shew that I attached sufficient importance to it to have put the parties accused upon their trial. In the case No. 2, although the facts laid would not have been sufficient to support an indictment for burglary, yet an indictment for larceny might have been maintained. The Advocate-General has, however, taken upon himself to quash the indictment altogether, and the effect of this is, that neither the grand jury, the petit jury, or the judge, have been allowed to perform their functions. As I said before, that officer the other day had the face to say that it was still competent to the Clerk of the Crown, after he (the Advocate-General) had abandoned a prosecution, to take it up and send an indictment thereon to the grand jury. Now, look to the facts. Although the two cases commented upon are amongst the very earliest in the calendar, the Clerk of the Crown is not informed until the fourth day of the sessions, and the second before the grand jury were discharged, that the Advocate-General does not intend to indict in those cases. Surely he might have informed that officer of his intentions much earlier, and he must have known that he was causing great inconvenience by unnecessarily delaying all information on the point to the last moment. It is very wrong for the Advocate- General to act in this way, because he may thus prejudice a case, perhaps otherwise pretty clear, by the tacit expression of his opinion that there is no evidence to send it before a jury. Upon a former occasion this conduct on the part of the Advocate-General was rendered abortive by Mr. Herrick, the then Clerk of the Crown, in the following manner. About a year ago an old woman charged a man with the crime of forgery, and the depositions in the case were sent up by the magistrates in order that an indictment might be framed thereon. Mr. Herrick asked the AdvocateGeneral-that officer having the depositions in his possessionwhether he intended to indict in that case or not, and intimated that if he would not do so he (Mr. Herrick) would himself frame an indictment and send it to the grand jury. In reply, the Advocate General informed Mr. Herrick that it did not rest with the Clerk of the Crown but himself to indict in that case, and stated that in his opinion there was no evidence to justify an indictment being sent in against the party accused. Mr. Herrick however very properly, as the result shewed, persisted in his view of the case, and it was not until that officer threatened to carry out his intentions to send an indictment to the grand jury that the Advocate-General then indicted the man: a true bill was found, and the prisoner, being convicted by the petit jury, was sentenced to transportation to Singapore for ten years, where he most probably now is undergoing his punishment. So much, therefore, for the value of Mr. AdvocateGeneral's opinions, and his mode of conducting criminal prosecutions. -The other day I had occasion to allude to another case, that of Luximon Hurrichunder-whose name by the way I never mentioned, although I find it has some way or other found its way before the public. This case had been abandoned by the Advocate-General at a former session, and led to some correspondence between the Clerk of the Crown and that officer. (The correspondence was here put in by the Court, and read by the Clerk of the Crown.) Now, although there may not have been sufficient evidence to charge Luximon Hurricbunder with a felony, there is no doubt on my mind that there were grounds for indicting him for a misdemeanour. The Clerk of the Crown, had endeavoured to obtain information as to the intentions of the Advocate-General in respect to indicting this individual, but could obtain no reply. The ADVOCATE-GENERHL here rose and said,-My Lord, I must really object to the course pursued towards me by your lordship. The charge is of so serious a nature that The CHIEF JUSTICE interrupted the Advocate-General, and ordering him to sit down, said You may object, sir, but you must first hear me to an end. The charge, as you observe, is indeed a very serious one. His lordship then continued- alluding to Luximon Hurrichunder's case-The grand jury had been discharged, and it was not until then that the Clerk of the Crown discovered that no indictment was to be laid against that individual. If it had been intended to prevent the Clerk of the Crown from indicting in this case, no better course could possibly have been pursued to effect such a purpose. I think I have now sufficiently shewn that the course pursued by the Advocate-General in respect to the prosecutions referred to, has not only been improper and highly reprehensible, but it also appears to me that the judgment of that officer in such matters is very defective. He has thus obstructed the grand jury, the petit jury, and the judge, in the performance of their duties, and he has taken upon himself a much greater responsibility than the Clerk of the Crown ever does, for that officer would not presume to quash an indictment without first obtaining the opinion of the Court in the matter. As judge, in the faithful discharge of my duty, I would not obstruct any case on its way to the grand jury, if there was any evidence whatever which, if brought before a petit jury, I thought would be likely to lead to a conviction. The Advocate-General's mode of procedure also has a tendency to cast a slur upon the magistrates. I am not a likely person to go out of my way to pay compliments to the magistrates, but I think it only fair to them to say, that during my experience in this court I have seldom found those officers sending up depositions on which indictments could not be framed. Such conduct, therefore, as that pursued by the Advocate-General, is not only prejudicial to them, but it is also very unpleasant for the Clerk of the Crown to be compelled to set up his judgment against that officer's. In Luximon Hurrichunder's case, as I said before, it was not discovered by the Clerk of the Crown until after the grand jury had been discharged, that the Advocate-General did not intend to indict that individual; he (the Advocate-General) having taken upon himself the functions of the grand and petit jury, and totally superseded the judge! It is with much regret that I have been compelled thus publicly to animadvert upon and reprehend the conduct of the AdvocateGeneral; but the duty which I owe to justice and the public has left no other course open to me: The course persisted in by that officer, in abandoning important prosecutions at such inconvenient times, and in the manner he has done, must be put a stop to; and the Court will take effectual measures to prevent such acts on his part in future. I shall now direct the Clerk of the Crown to address a letter to the Secretary to Government in the Judicial Department, communicating the opinion of the Court in respect to the highly objectionable and reprehensible conduct of the Advocate-General, as well in respect to former cases as to those in which indictments have been suppressed at the present criminal sessions. I shall also direct the Clerk of the Crown to state, for the information of Government, that unless they will interfere to restrain him for the future from all improper inter. ference in such matters, the Court will feel it incumbent upon them to place a limit upon his functions, from which he must not depart. In that case the Court will, as I first observed, look upon him as occupying the same relative position as that held by other counsel engaged in criminal prosecutions. The ADVOCATE-GENERAL, upon the conclusion of this address, rose, apparently for the purpose of replying thereto, but was not allowed to get further than the words,My lord, I would respectfully "-when The CHIEF-JUSTICE, interrupting him, said Sit down, Sir; ! will not enter into any discussion with you on tais subject. I shall write to Government, and if they will not intefere to prevent a re |