YALE
UNIVERSITY LIBRARY

SKETCH

OF THE

JUDICIAL ADMINISTRATION OF THE
PEOVINCE OF SIND

UNDER THE TALPOOR DYNASTY;

AND OF

ITS PROGRESS SINCE THE CONQUEST TO THE PRESENT PERIOD.

JAMES GIBBS,. ESQ.,
h » 4
JUDICIAL ASSISTANT TO THE COMMISSIONER IN SIND.

sma>#sf®W,®^<s

33 o tn i> a g :

PRINTED FOR GOVERNMENT
AT THE
BOMBAY EDUCATION SOCIETY'S PRESS, BYCULLA.
1857.

No. 25 of 1857. Judicial Department.
From Brigadier General John Jacob, C.B.,
Acting Commissioner in Sind,
To the Right Honorable Lord Elphinstone, G.C.H.,
Governor and President in Council. Dated 5th March 1857.
My Lord, — I have the honour to forward, for the information of
your Lordship in Council, a Report by Mr. Gibbs, Judicial Assistant
Commissioner, on the Administration of Justice in this Province,
which appears to me to be of much interest and value.
2. I would respectfully suggest that the Report be printed.
I have the honour to be, &c.
(Signed) John Jacob, Brigadier General,
Acting Commissioner in Sind.
Commissioner's Office, Kurrachee, 5th March 1857.

JUDICIAL SYSTEM OE SIND.

From James Gibbs, Esq.,
Judicial Assistant Commissioner in Sind,
To Lieutenant Colonel John Jacob, C.B.,
Acting Commissioner in Sind. Dated \5th August 1856.
Sir,— In obedience to Mr. Frere's instructions, I have the honour to
lay before you a Report upon the Judicial System of this Province.
2. To render it as complete as possible, I deem it necessary, first,
. _ briefly to allude to the system we found prevail-
Scheme of Report. J J r
mg under the Meers ; next, to notice the steps
taken by Sir Charles Napier to provide for the administration of
Justice to the people he had conquered ; and, finally, dividing my
observations under the two heads " Civil " and " Criminal," to show
succinctly the steps taken year by year for advancing the administra
tion of Justice ; and so, bringing my Report down to the close of the
past year, comment on the results deducible from the more regular
Annual Returns which have been supplied since the year 1853.
3. Under the Talpoors, Criminal Justice was administered by the
Judicial System under the Ameers themselves, as well as by their
Meers.— Criminal Justice. Kardars, Kotwals, and other officers, nomi
nally in accordance with the Mahomedan law. The punishments,
._ .. . t> c- j which were arbitrary in their extent,
Parliamentary Papers, Sind; or- J '
dered to be printed by the House were generally mutilation, flogging,
of Commons 1 1 th August 1854. imprisonment, or fine. Death was but
Replies to Queries on CriminalJ us- r ,
tice by Magistrate and Judge Advo- seldom inflicted, and only then in
cate General, pp. 244, 245, et seq. cageg 0f mur(jer, many of which, how
ever, were settled by the payment of blood-money.

4. The Meers had no jails for the reception of the prisoners
under sentence of imprisonment; they were
kept chained, or in stocks, in Chowkees or
lock-ups, during the night, and in the day were taken out into the
towns to beg for food, no subsistence being granted them from the
Government. 5. Personal influence, aided by presents of
nalJusdce!68 ° nmi" varied kinds, tended greatly to prevent,, the
ends of Justice.
6. While such a course was open in cases in which the State
. might be said to be interested, it is not to be
expected that the private rights of individuals
would find a more immaculate tribunal.
7. The Officers who dispensed Criminal dispensed also Civil
Justice, the Government demanding as its fee, in cases of the latter
description, nominally about one-fourth of the amount in litigation,
but often much more. Decisions were, however, generally the results
of arbitration or references to the Cazee or Punchayet of the caste.
Since, however, the monied classes were chiefly Hindoos, who were
always fearful of extra exactions on the part of their Mussulman rulers,
disputes, which under our Government would result in Civil actions,
were seldom, under the Meers, allowed to go into Court, the parties
preferring to settle the matter by private arbitration.
8. The following description of the manner in which a Civil suit
Description of a Civil ^as conducted in those days, given me by an
Suit in the time ofthe intelligent native, may be deemed worthy of
Ameers- record. Two persons had a dispute about some
debt, the amount say Rs. 50, and, not being able to come to terms,
they went before the Hakim or Kardar. This Officer of Justice
demanded that Rs. 50 should be placed in deposit by the plaintiff
to ensure the claim not being fraudulent, and a similar sum by the
defendant to ensure his presence. He then gravely inquired into the
case, and passed his decision in favour of the plaintiff, whose claim
he ordered the defendant to discharge ; he, however, further decreed
that the sums in deposit should go to Government (or himself), as
fees for the trouble its Officer had had in disposing of the matter.
Under such a system, the paucity of Civil suits is not a matter of much
wonderment.

9. But although the theory of the administration of Civil and
Criminal Justice under the old rule was as
Other Agencies, law- , , , . . . , .
ful or usurped. above shown, yet m practice there existed an-
other agency, which, either lawfully exercised or
unlawfully usurped, occupied a very large share in all departments of
the Government. I allude to the Sirdars and Jagheerdars. The Sir
dars, or heads of tribes and clans, exercised, by admitted custom,
supreme authority over their clansmen and followers ; and the Jagheer
dars, or military vassals of the State, who, as such, held in alienation
large tracts of country, usurped the powers of Judge within the
limits of their Jagheers, to a greater or less extent, in accordance with
their power or influence at Court. The decisions of these self-consti
tuted Judges were, as might be supposed, far more arbitrary than
those of the regular Government officials.
10. On our taking possession of the country, Magistrates were
Conquest by Sir appointed, who had limited powers (six
Charles Napier.— Magis- months' imprisonment, and fifty lashes ; Rs. 100
trates appointed. fine) . and by them all triyial Criminal cases
were disposed of. They were also, for the. first few months, allowed
to decide, subject to the confirmation of the Governor, more serious
offences, provided the sentence passed did not exceed seven years'
imprisonment. But this power was soon withdrawn ; and all cases
requiring more than six months' imprisonment were directed to be
disposed of by a Military Commission, under the general rules for
Courts Martial. A memo, of the punishments considered by the
Governor applicable both in nature and extent was some time
after issued for their guidance. The whole Province was considered
as one large camp. Sir Charles Napier's reasons for this are shown
in the following memo, dated May 1845 : —
" My opinion is this : —
" 1. That Sind is not beyond the frontier, but forms part of
India within the frontier.
" 2. That this Province, though within the frontier, does not
come within the operation of rules which apply within India, be
cause —
" 3. Neither Indian laws nor Indian courts of laws .exist in
Sind. It is a country lately conquered, which formerly had no
rule or code but the absolute will of its late rulers.

6
"4. Therefore the Supreme Government have confided the ad
ministration of Justice to the Military Chief or Governor, as the
best and indeed the only course of proceeding that can be at first
safely adopted, and for this simple reason, that it makes the least
possible change, and one which the people understand. Instead of
a despotic Ameer there is a despotic English General, that is all.
" 5. The question for that General to decide is this, — How am
I to do the greatest quantity of justice, and commit the least por
tion of evil ?
" 6. In answering this question as regard* the point under dis
cussion, I at once assume that we are here in a moral position
nearly similar to being beyond the frontier, although geographically
within the frontier ; therefore we have only the Military Courts to
apply to for protection, and those Courts are established by the
chief Military authority, or Governor, which authority has been
sanctioned by the power of the Court of Directors to be the rule
in Sind for the present.
"7. With this view I apply the principle of Clause XVII.
Act XI. of 1841, but without the provision for appeal to the Sud-
der Adawlut of any Presidency, but with an appeal to a higher
Military Court, viz. a -General Court Martial, from the decision of
a Court of Requests or from that of a Magistrate.
"8. My reason for objecting to any appeal to the Sudder
Adawlut is this ; — if any Court but a Military Court has power in
Sind, all legal Courts should have the same, and then all the func
tionaries of these Courts must be imported, with all the machinery
of such Courts ; and thus would a new system, foreign and incom
prehensible to the people, be at once forced upon them, — a system
of which they know nothing, and which would clash every hour
of the day with all their former habits ; and the Military power,
which alone they understand, would be broken, the whole system
would become confused, and be neither Military nor Civil, and
mischief would be the result.
" 9. If any legal interference is admitted in Sind, the whole
system must be changed, and a code with all its apparatus be sent.
" 10. I do not think this will be done yet ; therefore, unless I
receive instructions to the contrary, 1 shall submit all claims to
Courts of Request, Magistrates, Military Commissions, and General

Courts Martial, all composed of European Officers, according to the
position of the plaintiff and the circumstances of the case."
IL Thus far, save for minor crimes, nothing but the cumbrous
-Military Commissions, and often unsatisfactory method of a Military
and Civil Judge Advo- Commission existed for the disposal of serious
cate General. offences. The Governor had an Officer attach
ed to his staff, styled the " Civil Judge Advocate General," a curious
title for an Officer who was so appointed to conduct " Military Com
missions." He also acted as Judge Advocate General of the Divi
sional Army, and his pay was debited half to the Civil and half to the
Military expenses of the Province. Through him all the Reports,
Returns, and, generally, the entire correspondence in the Judicial De
partment of the Province passed. This Officer had two deputies, one
at Hyderabad, the other at Sukkur, who conducted the proceedings
at Military Commissions, and generally assisted in the Judicial busi
ness of their respective divisions.
12. Although theoretically the prisoner's guilt or innocence was
Real Powers of a Mi- to be decided on by a tribunal composed of three
htary Commission. Officers, none of whom were to be of less stand
ing than seven years, still, in reality, the Military Commission had no
power or authority, the decision being entirely in the hands of the
Governor, who did as he pleased. The following definition of the
powers of this Commission is from the pen of Sir Charles Napier him
self, dated 27th November 1845, and forms a portion of his observa
tions on the trial at Shikarpoor, of a person named Juwahir Khan,
Sepoy, Grenadier Company, Upper Sind Police Corps.
" Revised. — The Commission does not appear to me to be quite
aware of its position, and I will, in revising its proceedings,
endeavour to explain what its duties and powers are. This country
having been conquered, having been governed despotically and
without any code of laws, has been left by the Court of Directors
under the entire control of the Military Governor (s. o.), and sanc
tioned his assembling Military Commissions of his own authority as
a sort of Council ; at the same time leaving him the full power of
a Commander in the Field over the inhabitants. This gives Com
missions no legal authority, and leaves the Commander full power
to control their sentences ; and I could at once, of my own authority,
change the sentence. But while this is the case, the Commission is,

8
for the same reason, without any responsibility for its sentence, except
to the honour and consciences of those who compose it. If it sen
tences a man to death, I, who order the execution, am the sole re
sponsible authority. The members composing the Commission only
give their opinions, and sentence what they judge fair. The at
tempt, therefore, to act under Articles of War, new or old, is incor
rect ; no reference should be made to any Article or Articles of War.
The Commission is not a legalised Court. I will take one instance
to show the Court, its error : — the number of Officers would alone
destroy the legality of a Commission, if we were guided by the
Articles of War, which makes no mention of a Military Commis
sion." 13. Little, however, was done towards settling rules for the dis-
The Administration of posal of Civil business, besides ordering a 5 per
Civil Justice. cent. fee to be levied on all suits filed. Private
arbitration, summary disposal by the European Officers of the District,
or reference to the Cazee or Punchayet, as the case might be, whose
decision was subject to the confirmation of the European Officer, con
stituted the sole methods adopted towards the settlement of private
rights. 14. The record of Civil cases consisted of little else than the sub-
The Record of Civil ject of the plaint and the purport of the award.
Suits- An appeal was allowed from the decisions of
Cazees and Punchayets to the higher Court ; but this privilege ap
pears very seldom to have been used, owing to the scanty information
the record of the case, as then kept, was calculated to afford.
15. The decrees were enforced either by the imprisonment of
Decrees, how enforced. the debtor' or the attachment and sale of his
property.
16. But during the Government of Sir Charles Napier, and for
The want of definite some time after' the want of definite instructions
Rules often interfered led doubtlessly to much injury being done to
oftptiautS^ Parties- Although the administration of justice
was committed wholly to the control of Euro
pean Officers, it was very clear that much so-called Justice was admi
nistered by the Native Officials of Government, who, however, were
not formally vested with Judicial powers. Upon a review of the ad
ministration of Justice under Sir Charles Napier's Government, I do

9
not think it can be said to have been more than the old system more
honestly carried out ; the corruptness of the Ameers' Courts being
exchanged for the honesty of the English, while the absence of law
,and of general principles of jurisprudence, and the influence of per
sonal feelings, were nearly as great under the one rule as under the
other. 17. I now proceed to the period when the Military Government
The Military Govern- WaS abolisned> and Mr. Pringle became Com
ment of Sind changed to missioner. This gentleman continued to as-
a Clv"' .semble Military Commissions. He laid before
the Government of Bombay an elaborate Report on the Judicial
system he found in existence, and, after much correspondence, in
structions were finally issued by the Governor in Council, as to the
Criminal procedure, under date the 28th February 1849, No. 703 a,
and as to the Civil, No. 790 ofthe 13th March following.
18. By these instructions Military Commissions and the offices
The Courts establish- 0I" Civil Judge Advocate General and his Assist
ed under the new rules. ants were abolished, and the Courts for Civil
and Criminal Jurisdiction were determined to be, 1st, The Commis
sioner's ; 2nd; The Magistrate's ; 3rd, The Deputy Magistrate's ; and
4th, Kardars' ; and the office of Judicial Assistant to the Commissioner
was created. Major Young, who had held the office of Civil Judge
Advocate General for some years, was the first Officer nominated.
Of the Officers appointed to administer Justice, the Magistrates and
Deputy Magistrates had already exercised limited Judicial powers ; to
them the new rules were merely an extension of their former powers ;
while, as regarded the Commissioner, they reduced the absolute and
arbitrary power of a Military Governor to the regulated, and in some
respects diminished, powers of a Chief Court of Appeal. Kardars
had previously exercised no recognised Magisterial authority ; doubt
less, as has been before observed, in the large districts under their
General opinion a- charge the.v did much in an irregular way, but
gainst Native officials ex- so completely was the idea of their being autho-
ercising Judicial powers. rjged tQ dedde petty cageg5 Ciyil Qr Criminal,
at variance with the general opinion of all the local European Officers,
that, although the Government of Bombay strongly recommended
that their orders should at once be acted on, they remained, in truth,
a dead letter for some years.
2s

10
19. Having thus roughly traced the Judicial Administration of
Division of the rest of this Pr0™ to the time ** ^a% br0Ught Undf
the Report into two divi- the spirit of the Regulations, I will proceed,
sions, Civil and Criminal. separateiy5 to consider the Civil and Criminal
procedure, and show, seriatim, what have been the steps taken to bring
each to its present state. CIVIL.
20. One great reform which the New Rules effected was the
defining the jurisdiction of the different Courts.
The Kardars', Deputy Magistrates', and Ma
gistrates' were declared Courts of Original Jurisdiction ; and the
Commissioners', Magistrates', and Deputy Magistrates', Courts of
Appeal. No very distinct orders were, however, issued as to the forms
of procedure, nor were the Kardars authorised to exercise their new
powers. 21. During the year 1850 no instructions whatever appear to
have been issued for the improvement of Civil
1 o 0 U ¦ T .
Justice.
22. In 1851, shortly after Mr. Frere assumed charge, the ques-
, r „ , tion of the Kardars being allowed to exercise the
JYIr x 1*61*6 SU.CC6CCIS
Mr. Prino'le as Commis- Judicial powers recommended by the Govern-
sioner. ment of Bombay seems to have been brought to
the Commissioner's notice by Captain Rathborne, the Magistrate of
Hyderabad ; and after some correspondence with the different officers,
„ , r. ¦ w final instructions were issued (No. 668 of 11th
Kardars authorised to . Tr , ,. „
dispose of petty Civil August 1851), directing Kardars to dispose of
suits- Civil suits for claims not exceeding Rs. 30,
and in which the cause of action arose within a period of twelve months
prior to the date of filing the plaint. A few clear concise rules were
drawn up for their guidance, and their decisions were appealable when
the sum in dispute exceeded Rs. 10.
23. A report was called for at the close of
After a year's trial, the year, and from the replies received, it
Reports, snowing the ta- jxi.ii -,
vourable operation of the appeared that the arrangements had worked
new step, received. extremely well, and were acceptable to the
people.

11
24. But certain modifications being considered necessary, a Circu-
1852 lar was issued (lithographed Circular No. 455
Kardars' Powers in- of 25th May 1852), by which Kardars' powers
greased and Moonsiffs in Civil suits were extended to Rs. 50, and
appointed. __ '
Moonsifts were appointed at Shikarpoor and
Hyderabad, With powers to dispose by themselves of Civil claims of not
more than two years' standing and not exceeding Rs. 200, and, in con
junction with a jury, of claims not exceeding Rs. 500, without any
other limits than the date of the Conquest and those set out in Regu
lation V. of 1827.
25. This latter authority constituted a sort of Court of Requests,
„ , . „ but it was optional for the plaintiff to £0 before
Court of Requests. . . , . . . . °
it or not ; its decisions in cases m which the
claim did not exceed Rs. 50 was final, but beyond that sum, appeal
able to the Deputy Magistrate, when, if confirmed by that Officer, no
further appeal was allowed.
26. Mr. Bellasis was appointed to act as Judicial Assistant in the
Mr. Bellasis appointed Place of MaJor Young, who was appointed Act-
Acting Judicial Assistant ing Judge Advocate General of the Bengal
to the Commissioner. Armyj &nd joined in October, but no further
orders regarding the administration of Civil Justice appear to have
been issued during the year.
27. In 1853 much was accomplished towards rendering the rules
and practice of the Courts systematic and effect-
Much done to improve ive. Regular Returns were directed to be
the Administration of furnished monthly according to a given form,
copies of cases from the Surat Adawlut were
circulated to all Officers as patterns for keeping their records, and in
structions were issued with regard to the limits for appeal in different
Courts, the summoning of witnesses, the execution of decrees, and the
levying costs in pauper suits. Thus the practice of the Courts, which
heretofore had remained unfixed and confused, was assimilated
throughout the Province.
28. But the two great reforms which the Circulars for this year
Two great Reforms; show are the institution of rules, first,, for
Insolvent Debtors, and Insolvent Debtors (No. 598 of 4th June),
Registration of Deeds. and> second) for tne Registration of Deeds
(No. 1156 of 6th October).

12
29. With regard to the former, it may be briefly stated that it
Object of the Insolv- prevents an unfortunate debtor being kept in
ent Debtors' Circular. prison beyond six months, and enables him or
any other insolvent to obtain, upon the delivery of all his property to
the use of his creditors, to be apportioned by the Court, a certificate,
either first or Second class, exonerating him entirely from liability, or
determining what proportion of his future gains should be liable for
his previous debts ; a copy of this Circular is appended (Appendix A).
30. With regard to the latter Circular, it provided employment
Cazees appointed to f°r tne Cazees, raised their position, and, by es-
register Deeds. tablishing Registry Offices in each Kardarate,
greatly facilitated the registration of deeds.
31. In the early part of this year these Officers were further in-
854 vested (No. 150 of 16th February) with the
Cazees allowed to dis- power to dispose of certain Civil suits by con-
pose of certain Civil Suits. gent of the parties> and for sucn decisions they
received half the Government fees.
32. Mr. Bellasis having become Collector
Co^ctof orHyTrabalt and Magistrate of the Hyderabad Collectorate,
Mr. Gibbs succeeds him I had the honour to be appointed his successor
the Commissioner311 ° as Judicial Assistant to the Commissioner, and
joined in January 1854.
33. Owing to the careful endeavours of my predecessor, the Offi-
Proc-eedings very lengthy, cers generally conducted the Civil work in a
and Records ill kept. Very creditable manner. Their English pro
ceedings were invariably full, sometimes, indeed, of needless length ;
but the want of arrangement in the records still remains uncorrected.
34. No steps of any importance were taken until quite the close of
Second Appeals in the the year now under review, when a Circular (No.
Zillah abolished. 1307 of 20th November) was issued, abolishing
second appeals in the Zillah. This step had long been required to
expedite the course of Justice, but had been delayed to this date to
enable the Deputy Magistrates to acquire sufficient experience to war
rant such change. The result has proved the measure to be a good
one. It has, of course, thrown more work into the Commissioner's
Court, but it has materially lessened the work in the Zillahs, and will,
I think, tend much to decrease useless and protracted litigation, espe
cially in the upper portion of the Province.

13
35. From the 1st January 1855 the revised Establishments came
1855. into operation, and amongst the Officers then
Revised Establishments appointed were the Deputy Magistrates in
introduced; Deputy Ma- , . mi n
fistrates in charge of charge of Adawluts. lhese functionaries
Adawluts created. commenced their labours on the 1st January,
and directions' were promulgated defining their duties, which were
similar to those of a Joint Judge and Session Judge in Bombay.
Shortly afterwards a Circular was issued regard
ing Vakeels, who had hitherto practised unguid-
ed by rules. It was found that the differences in opinion amongst
Judicial Officers relative to this matter were proportional to the variety
of practice obtaining in their respective Courts.
36. The class of persons employed was not always respectable.
One or two cases of fraud had come to light, and many more were
suspected. The rules, a copy of which is appended (Appendix B),
were therefore required. The examination in the regulations and
practice of the Courts has not, however, as yet been fully carried
out, translations into Sindee of the requisite portions not being com
pleted. But every pleader has been obliged to provide securities for
his good conduct, and, from what I have learned during the last two
tours, the Circular has worked well.
37. The local Officers having been found, with some two or three
Sindee Language or- exceptions, conversant with the language of the
dered to be the Language Province ; the Circular (No. 408 of 11th April
of Civil Courts. 1855) wag issued, and Sindee, written in the
Arabic character, was established as the language of record in all
Civil as well as Criminal Judicial proceedings.
38. Kardars' and Moonsiffs' jurisdictions were also extended in this
year; the former to suits up to Rs. 50, and the latter up to Rs. 1,000,
with no other limits than those of Regulation V. of 1827.
39. The above closes the list of orders which have been issued for
Civil procedure to the close of last year.
40. I will now pass on to the consideration of the Civil Re
turns which have been received from the Magistrates for the years
1853-54-55, premising that those for 1854 and 1855 alone are to be
considered as trustworthy.
41. The number and value of original suits depending in 1855
are as follows : —

14
Number.
Kurrachee  2,374
Hyderabad  3,022
Shirkarpoor  2,098
Frontier Districts .... 353

Value.

Rs. a.

P-

1,87,211 0

5

1,38,966 10

0

87,050 6

7

42,690 0

0

Total .... 7,847 4,55,918 1 0
42. The vast majority of these are for simple contract debts. From
the total number of suits set out in the last paragraph, 6,468 were of
this nature, and 553 for land or land-rent.
43. The average amount in litigation in each particular case is
generally small : — 1853. 1854. 1855.
Kurrachee  Rs. 42 Rs. 59 Rs. 80

Hyderabad  „ 26 „ 41 „ 45

.3
4
11' All

Shikarpoor .... „ 33 \ „ 39 \' „ 41 j
Frontier Districts — no return „ 49 „ 120
Or, for the last three years : —
Kurrachee ,  Rs. 60^
Hyderabad  „ 37^
Shikarpoor  „ 38^
Frontier Districts  „ 84^
Making, for the whole Province, Rs. 55. This appears to be higher
than in our older Provinces, where Rs. 35 would seem to be the
average of each original suit ; but lower than in the Punjaub, where
Rs. 60 is set down to be the average.
44. The average total amount in litigation for the three years
bears to the gross Revenue as about 1 to 8|-, taking the latter at
Rs. 34,00,000. In the Punjaub the proportion is 1 to 5, by the latest
published Returns.
45. It is satisfactory to find that the appeals bear a very small
proportion to the original suits, although it would appear that they
are increasing as the number of original suits are decreasing.
In 1852:— Original Suits. Appeals.
Kurrachee  2692  17
Hyderabad  5176  54
Shikarpoor  4738  43
Frontier Districts. No return.

15

While in 1855 :—
Suits. Appeals.
From 2374 in Kurrachee there were  48
• „ 3022 in Hyderabad „  86
„ 2098 in Shikarpoor „  47
„ 353 in Frontier Districts „  0
46. The cause of this falling off in the number of Civil suits is
two-fold : —
1st. — Mr. Frere's order of May 1853, directing that a fee of Rs. 1
should be taken on all suits under Rs. 20. Previous to this, as no fees
were leviable in such small suits, parties used the Courts simply as
agents for collecting their debts, whereas now nearly all trifling claims
are settled privately.
2nd. — In former years every miscellaneous petition which did not
come under the head of Revenue or Criminal, was classed as a Civil suit.
47. It, however, appears from the nature of the cases which have
come before the Commissioner in appeal, that, while the number of
suits has diminished, their intricacy and importance have increased ;
and I believe the time of the Officers is more taken up than formerly
in dispensing Civil Justice. Meanwhile, the people are becoming
more satisfied with the administration of Justice, and bring before the
Court cases which in former years they would have preferred leaving
unsettled to running the chance of their claims being decided in a
way which was hardly more satisfactory than a lottery.
48. The time it takes to dispose of a suit, viz. on an average of
three years, is very creditable to the Officers concerned, considering
the large extent ofthe Kardars', Deputy Magistrates', and Magistrates'
Districts, and the general desire the parties have to the hearing of the
case being postponed until the Officers come in their neighbourhood.

Kurrachee.

Hyderabad.

Shikarpoor.

Frontier Dis
tricts.

Months.

Days.

Months.

Days.

Months.

Days.

Months.

Days.

In the Kardars' Court..
Deputy Magistrates'

1
5

28 2023

1
24

24 7
27
22

1
2
4

5
21 12
29

2

21 29

Magistrates' Court ....

16
49. To be able fully to appreciate this, the average area (square
miles 4,000) of a Deputy Collectorate in the Province should be
borne in mind.
The total area of Sind is : — Square Miles.
Kurrachee  20,000
Hyderabad  26,000
Shikarpoor and Frontier  1 1,532
Total.... 57,532
And the total population, by last census considered much below the
truth, is : — Males. Females. Total.
Kurrachee  183,156 138,163 321,319
Hyderabad  391,756 311,530 703,286
Shikarpoor  359,463 290,841 650,304
Frontier  25,951 17,004 42,955 "

Total  960,326 757,538 1,717,864
50. This would give a Civil dispute amongst every 122 of the male,
or every 218 of the entire population of the Province ; while in the
Punjaub it would appear that there is one Civil suit to every 175
souls. 51. The above are the main facts deducible from the Civil Returns
which have been received, and which are tolerably perfect.
52. I am in hopes that by another year the Civil Returns will be
received earlier and more correctly drawn up ; the difficulty hitherto
has been very great, and the adaptation to Sind of the printed form
received from Government no easy task, on account of the imperfect
records hitherto kept.
53. It remains now to notice the work in the Commissioner's
Court. No regular file-book was kept until I joined in 1854; but
it appears that the number of cases appealed previous to that date was
very small. In the year 1855, 67 appeals were admitted; of these
only 11 were disposed of up to the 31st December, but many more
have been decided since then. No average duration of the time suits
were pending would give a true estimate of the work performed, owing
to the parties often petitioning that the appeal might lie over until

17
the Commissioner comes into their neighbourhood on tour, and to
the fact that, being the final Court of appeal, it has been found necessary,
to enable parties to obtain justice, not only to admit many old cases
Jn appeal without regard to limit as to time, but actually to try them
de novo, on account of the irregular and imperfect manner in which
the lower Courts had treated them ; and suits have taken months to
dispose of, owing to the complicated accounts which it has been neces
sary to go through. I may mention the case of Hurreea Mull v. Jeyt.
Sing and others, which was filed on the 21st of May 1854, and in
which the Punchayet have only now (August 1856) concluded their
inquiry into the mass of accounts (said to have exceeded two hundred
camel-loads ! !), comprehending the entire accounts for twenty-five
years of the first mercantile house in Shikarpoor, a house which had
dealings (if not a separate agency) at nearly every chief town in
Northern and Western India, Affghanistan, Cabool, &c, and other
suits, in which, owing to the want of precedents, the difficulty of
establishing local customs and usages required repeated references to
the chief Brahmins and Punchayets throughout the Province ere a
decision could be satisfactorily arrived at.
54. It is also to be borne in mind that the work of the Commis
sioner's Court forms only a small portion of the work the Commis
sioner and his Assistant have to perform, and that no increase to the
Judicial Establishment of the Commissioner's office has been made
since the time of Sir Charles Napier, although the work has increased
twenty-fold. An application is, however, before Government for a
suitable Establishment for the Commissioner's Court, which will
greatly tend to the speedy disposal of Civil appeals.
55. The late rules for Vakeels, as they prevent any but respectable
persons practising, will enable parties at a distance to feel confident in
being properly and faithfully represented in the Commissioner's Court
at Kurrachee, and tend much to the speedy disposal of all cases.
56. To recapitulate. The present Courts for Civil Justice and
their respective jurisdictions are as follows: —
1. The Commissioner.
2. The Magistrates and Judicial Deputy Magistrates.
3. The Deputy Magistrates.
4. Moonsiffs at Sudder Stations.
5. Kardars.
¦is

18
57. The Kardars dispose of suits up to Rs. 50, and from their
decisions an appeal lies to the Deputy Magistrate, and a final one to
the Commissioner.
58. The Moonsiffs at Sudder stations try cases up to Rs. 1,000.
The appeals from these Officers' decisions lie, first, to the Magistrate
(but are disposed of generally by the Deputy Magistrate in charge of
the Adawlut), and finally to the Commissioner.
59. The Deputy Magistrates dispose of all other original cases,
with an appeal lying from their decision to the Magistrate, and a final
one to the Commissioner.
60. The Magistrate's Court is generally one of appeal only,
although he may, if he consider it necessary, try any original suit
instituted in his Zillah. The Deputy Magistrate in charge of Adawlut
takes nearly all the Judicial work off the Magistrate's hands, leaving
that Officer more at liberty to attend to his Revenue matters, as well
as to the general supervision of the Zillah.
61. The Deputy Magistrate in charge of Adawlut has power
His authority is very co"equal with the Magistrate, but has no distinct
similar to that of a Joint jurisdiction, and, in consequence, disposes only
Judge in India. of cageg gent to him by the Magistrate. In any
original suit tried by him, the first appeal lies to the Magistrate, the
final one to the Commissioner.
62. The Commissioner's is the Court of final appeal ; he settles all
points of procedure, and generally exercises the power of the Court of
Sudder Dewanee Adawlut.
63. There is, besides these, a Court at each Sudder station, com
posed ofthe Moonsiff and from three to five members ofthe Punchayet,
whose attendance is settled by rota. This Court tries cases up to
Rs. 500, and from their decisions in cases under Rs. 50 no appeal is
allowed ; in others it lies to the Magistrate, whose decision, if agreeing
with the lower Court, is final.
64. Parties, however, have the option of going before it or not ¦
but from the following list it would appear that few have availed
themselves of it : — •
Kurrachee  None
Hyderabad  426
Shikarpoor  107
65. The most noble the Governor General declared that all

19
the above Courts have jurisdiction over Europeans as well as
Natives. 66. The above shows the present system ; and it is proposed to
continue it with such modifications as from time to time may appear
necessary. 67. Fees of 5 per cent, on the sum claimed are taken at the time
of filing the original plaint, as also for each appeal. It has not been
deemed advisable to reduce the appeals further than as at present ;
but it is intended that appeals to the Court of the Commissioner may be
made admissible only o,n special grounds, after the manner of the
Sudder Adawlut, when experience shows that the lower Courts are
working sufficiently well to admit of its being done with safety.
68. The aid of Punchayets or arbitrators is often had recourse to
in Civil matters ; and when both parties agree to abide by the decision
of arbitrators, presided over by an " Upree" or " Surpunch," on behalf
of the Court, no appeal is allowed.

CRIMINAL.
69. I am now come to the second division of this portion of my
Criminal Magistrates, Report, viz. the Administration of Criminal
and Jurisdiction. Justice ; and as the powers exercised by the
different Officers have been but little altered, it will be best to define
them at the outset.
70. By the orders received from the Bombay Government, the
Criminal portion of the Code of Regulations of 1827 was to be follow
ed as nearly as the local peculiarities would allow ; but as the size
of each Officer's charge exceeded that of the divisions in the older
Provinces, and a separate Judicial establishment was not provided, it
became necessary to combine, as it were, the functions of Magistrate
and Session Judge, Assistant Magistrate and Assistant Session Judge ;
All cases involving punishment not the result is, that in Sind the Magis-
exceeding seven years' imprisonment, trates have the full powers of a
without confirmation : exceeding this, ¦**¦•,,• tt ii r-
with confirmation of the Commission- Magistrate in India, and also of a
er;andincapital cases, of Government. Session Judge; they can apprehend
and punish petty offenders, or dispose of the most serious cases after
committal to their Courts by the Deputy Magistrates.

20
71. The Deputy Magistrates in charge of Adawluts have, when
Deputy Magistrates in specially empowered, the same powers ^ as
charge of Adawlut. the Magistrates, being, in fact, Joint Session
Judges ; otherwise their jurisdictions do not exceed those of Deputy
Magistrates. 72. The Deputy Magistrates have the full
ePu y ! agis ra es p0wers 0f a Magistrate in India, and also of an
Assistant Session Judge, with extended powers ; the former they
Punishment not exceeding one exercise without confirmation (but
year's imprisonment, without confir- their decisions are appealable to the
mation; punishments exceeding one ¦».- . , , N -, .-, , ,i -, , ,,
year and not exceeding seven, with Magistrate), while under the latter the
confirmation ofthe Commissioner. decisions are subject to the confirma
tion of the Commissioner.
73. The Kardars have powers " simple" and " extended." Under
the former they dispose of such cases only as a
Mamlutdar in India does ; but under the latter
they decide (subject to the confirmation of the Deputy Magistrate)
cases of the following nature : —
Theft. Cattle-stealing (unaggravated).
Assault (ditto).
Resistance to public Officers in the execution of their duty.
Use of false weights and measures.
Wilful injury to property.
Disputes between masters and servants.
Fraud (unaggravated).
Selling poisonous or noxious drugs without a licence.
All nuisances declared penal under Act XXVI. of 1850 and
Act XXI. of 1841.
And pass the following sentences : —
Imprisonment, with or without hard labour, for any period
not exceeding four months.
Fine, not exceeding Rs. 100.
Flogging, not exceeding twenty-five stripes.
No sentence is, however, carried out until confirmed by the Deputy
Magistrate. 74. All cases. are handed up by the Police to the Kardar, and that

21
Officer either disposes of them himself, or prepares preliminary pro
ceedings, and forwards them to the Deputy Magistrate, who tries
them himself or sends them for trial to the Magistrate.
• 75. The Commissioner exercises the functions of the Sudder
Foujdaree Adawlut, with the exception that sentences of transportation
or death require the final confirmation of the Governor in Council.
76. I will now show the steps which were taken each year to
advance Criminal Justice in the Province,
77. It would appear that on receipt of the Government instruc-
1849 and 1850. tions in 1849, and during that and the follow-
Steps taken, on receipt inD- year, the extended powers of the Magis-
of the Government Or- x ° J ' ~ ,, r. L . , ..°
ders for the new distribu- trates and Deputy Magistrates, the abolition
tion of Courts. of Military Commissions, and with them of
the Civil Judge Advocate General's office, and the creation of a
Judicial Assistant to the Commissioner, were promulgated and acted
on. Forms of Trials, as used in the Political Courts in Kattywar,
&c. were circulated, to show the procedure to be adopted in the trial
of serious offences, and copies of the Regulations were issued through
out the Province.
78. A great many references were made on questions which arose
Much correspondence upon the new Rules, the chief of which appa-
on the new Rules. rently were on the subject of the trial of per
sons in Military employ for Civil offences, and on the difficulty which
arose from increased Judicial powers being required to be exercised
without any corresponding increase of establishments being allowed ;
and although much correspondence took place, the year 1850 closed
without any definite orders being issued on the subjects mooted.
lg51 79. Mr. Pringle having resigned, Mr. Frere
Mr. Frere succeeds was appointed his successor, and took charge of
Mr. Pnngle. ^e 0fgce 0f Commissioner in January 1851.
80. • As far as I can find from the records of the Office, the Month-
Monthly Returns strict- ty Criminal Returns were now, for the first time,
ly scrutinized. strictly scrutinized ; and, from the communica
tions which are sent monthly to each Magistrate, it would appear that
there existed a considerable want of knowledge of the first principles of
Criminal Law, and a very general miscomprehension of the Regula
tions throughout the Province.
81. No Circulars on general points of procedure appear to have

22
been issued during this year, but the question of Kardars' jurisdiction.
in Criminal cases came under consideration.
]g52 82. Mr. Bellasis was appointed this year,
Mr. Bellasis joins as and joined in October, as Judicial Assistant
Judicial Assistant. Commissioner.
83. A good many instructions were issued on such minor points
Instructions on minor 0I" practice in Criminal cases, as the necessity of
points issued. issuing warrants of committal when sending
prisoners to jail ; the necessity of Courts of Justice being open and
public ; and that infirm prisoners should not be sentenced to hard
labour, tending to show how imperfect the system was in regard to
matters with which it would have been but natural to expect every
Officer in Government service to be acquainted.
84. Two Circulars, however, demand particular notice; the one
which directed that, in all cases of sudden or
suspicious death, the body should not be inter
red until the consent of the Government Authorities had been obtain
ed. This, I believe, was found necessary in order to determine the
amount of the probability which existed that female murder was too
often covered under a pretended suicide, the Proclamation of Sir
Charles Napier having put a stop to the open killing of women for
real or supposed infidelity.
85. The length to which proceedings in petty cases had been
T ., , „ r allowed to run, owing, I imagine, to Officers
Length of Proceedings. ° °
still taking the apparently needless prolixity of
Courts Martial for their guide, rendered it necessary to issue in
structions to correct this evil (for evil it was, much valuable
time being taken up in useless writing) ; and the procedure, as adopt
ed by Magistrates in the Regulation Provinces, was circulated for
information. 86. During the year 1853 numerous instructions were issued
1853. from this Office, tending much to simplify the
^fXX^ttt ^ministration of Criminal Justice. The.
stealing, &c. attention of the Magistrates was directed to
the importance of Inquest Reports in cases of murder; to the value
which was to be given to the confession of prisoners under different
circumstances. Simple cattle-stealing also formed the subject of a
Notification, in which, owing to the peculiar light in which the

23
offence is viewed by the natives of the Province, fine by distraint was
recommended as a suitable punishment ; and in cases where poverty
was pleaded, the offender was placed on some Government work, as a
«anal or road, for a month or six weeks, under surveillance of the
Police, but receiving regular wages.
87. The question of female suicide was again brought to notice,
Further orders regard- an(l a Circular was issued directing a heavy fine
ing Female Suicide. (as ordered by Sir Charles Napier's Proclama
tion) to be levied on any village in which a suspicious case occurred,
unless every assistance to investigation was rendered by the inhabit
ants. It was found, from Returns called for, that no Hindoo woman
attempted self-destruction, and that no cases at all were known until
after the introduction of the British rule, and the prohibition of kill
ing wives by the sword on every occasion of infidelity, real or supposed,
had been issued. Instructions were also issued to punish with severity
all cases of adultery.
88. Reports having been called for on the subject of the exercise
Criminal Jurisdiction of Criminal powers by Kardars, and the general
of Kardars extended. impression being that an increased jurisdiction
was desirable, a Circular was prepared, but not issued until the com
mencement of the next year. This Circular, No. 40, of 17th January
1854, -nabled Kardars to investigate on the
spot many cases which otherwise would never
have been brought to the notice of the Authorities, owing to the great
trouble and annoyance the injured parties were put to from the
distance they had to travel from their village to the Kutcheree of the
Deputy Magistrate. The sentence was, however, still left in the hands
of this Officer.
89. The great want of a measure like this had been brought by
Captain Marston, the Captain of Police, to the notice of Mr. Pringle
so early as 1849, with, however, no effect; it may have been ques
tionable to give, at so early a period of our rule, and before our sys
tem of Justice could be understood, such extended powers as the
Circular just issued gave ; but, doubtless, some portion might have
been allowed with advantage.
90. On my taking charge of the office of Judicial Assistant, I
Mr. Gibbs succeeds found that, in spite of the great care and atten-
Mr. Bellasis. tion which had been bestowed by Messrs. Ellis

24
and Bellasis, there was still a considerable want of method in the
preparation of Griminal trials, and the Commissioner was pleased
to issue several Circulars to remedy this.
91. Confessions of prisoners were almost invariably recorded for
Confessions of Pri- the defence instead of the prosecution ; and on
soners. occasions of prisoners pleading guilty, witnesses
were nevertheless called for and examined de novo. Inquest Reports
and confessions of prisoners were admitted on record without being
proved ; and the proper mode of procedure to be adopted in cases in
which the Deputy Magistrates exercised the powers of Assistant Ses
sion Judges, viz. a trial de novo on the Kardar's proceedings, was not
acted on. Circulars were issued on these points, and the attention of
Deputy Magistrates was also drawn to the necessity of punishing
offences against morality, i. e. rape, adultery, &c. with greater severity;
and Mr. Frere was pleased to direct me to attend the Courts of the
different Magistrates and Deputy Magistrates, and direct their atten
tion to a more correct method of procedure.
92. Sindee was in this year ordered to be used as the language of
Sindee introduced as the the native record ; hitherto simply the statem ent
language of all records. 0f prisoners (when natives of Sind) had been
recorded in the Vernacular.
93. I visited the Courts during this year and the following, and I
Results of the Judicial believe I maJ SaMY state that .the CaSeS which
Assistant visiting the now come before the Commissioner are compa-
Coui'ts- ratively seldom open to correction on points
of procedure. I trust the work has been simplified and lessened, and
while the prisoners have had justice strictly administered to them, the
prosecutors and witnesses have been put to far less inconvenience than
formerly. 94. No Circulars of importance were issued during this year until
1855 the close, when the working of Circular No. 40,
Kardars' Criminal pow- of 17th January 1854 (vide paragraph 88),
ers further extended. having come under consideration, and the
opinion of the Magisterial Officers being unanimous as to its good
effects and to the efficient manner in which the Kardars had carried
out its obj ects, Mr. Frere determined to allow the Kardars to add a
sentence to their finding, which, however, for the present is not exe
cuted until confirmed by the Deputy Magistrate. I have little doubt

25
myself but that, after another year's experience, even this restriction
may be withdrawn.
95. The speedy disposal of cases which come within the limit of
*the Circular is a great boon to the people ; and with the present
frequent travelling of the Officers through the length and breadth
of the Province for eight months in the year, added to the fact
that the people know a ready ear will always be given to their
complaints, renders, I think, the chance of oppression and injustice
very small.
96. It has, since the present year commenced, been considered
necessary to enrol into one Circular the orders given at separate times
on the subject of procedure in Criminal trials, and I have the honour
to append a copy to this present report (Appendix C), albeit strictly
it should not have come under review until the current year's reports
are considered.
97. Monthly Returns are received within fifteen days after the
expiration of each month ; a copy of a portion of one is appended
(Appendix D), from which it will be seen that, by a careful examina
tion, no delay should escape the notice of the Magistrate or the Com
missioner, by both of whom the Return is scrutinized.
98. Appended is a form (Appendix E), showing the Criminal
cases disposed of during the past three years. Although much labour
has been taken, it has been found impracticable to frame Returns in
accordance with the forms furnished by Government.
99. From these Returns I think the amount of crime in the
Province may be considered light. No particulars of the cases dis
posed of by Kardars are given, as they are all of a very simple nature
(vide paragraph 73).
100. In 1855 there were 13,451 convictions by Kardars, 2,284
by European Officers; of which latter 1,248,
Kardars ...13,451 or more than one-half, were cases of simple
European Of- theft, and from these 784 were for simple theft
ficers  J£f of cattle.
Total 15,801 101. Cases of "robbery with force" show
a total of 275, of which 227 "were by
night," bearing to the total crime in Sind a proportion of about 1
to 60.
102. Offences against morality amount to 130, of which 46 were
4s

26
cases of rape, and 65 of adultery. Crimes of this nature are more
prevalent in the Hyderabad Zillah than elsewhere, and may, I consi
der, be ascribed to the large numbers of idle persons (quasi-retainers
of the late Ameers), Khidmutgars, Khaskellies, and others, resident
in this Collectorate.
103. Murders number 35; Homicides, 23. In almost every case
jealousy has been the apparent cause. During the three years that I
have been in Sind I do not remember more than 4, or at outside G
cases in which any other cause was assigned.
104. The Return shows in : —
Kurrachee  1 crime to every 83 persons,
Hyderabad  I „ 127
Shikarpoor  I „ 115

5J
55

Frontier Districts .... 1 „ 76

Or 1 crime to every 1 05 of the entire population of this Province.
105. Acquittals and convictions give a proportion of 1 to 5 j on the
whole ; or, in : —
Kurrachee  1 to 3J
Hyderabad  1 to 5
Shikarpoor  1 to 2^
Frontier  1 to 10
106. The increase in the number of cases disposed of by Kardars is,
I think, as I before stated, traceable to the Circulars extending their
powers, more cases having thereby been brought to notice.
107. There is a great increase exhibited in the number of cases
disposed of by the European Officers in the Kurrachee Collectorate, as
compared with those of the previous years. This I find, on examina
tion, is mainly attributable to a great increase in the number of petty
thefts in the Deputy Collectorate of Sehwan, principally caused by the
change effected in the Revenue management of that district, the intro
duction of leases having thrown out of employ numerous Buttaidars,
Kurrawars, &c. (measurers, watchers, &c), who were formerly
employed under the old Buttae* system. These persons, who had
acquired habits of peculation from having invariably subsisted on the
grain in their charge, were, when thus unemployed, unable at once
to relinquish their habits ; hence the numerous convictions recorded,
many of which were for thefts of grain.

27
108. The above, I believe, are the main points worthy of notice
in the Criminal Returns, and with them I conclude this Report, which,
notwithstanding all my endeavours to curtail its bulk, has far exceed
ed the limit I originally intended. I have the honour to be, &c.
(Signed) J. Gibbs,
Judicial Assistant Commissioner in Sind.
Commissioner's Office, Kurrachee,
15th August 1856.

28

APPENDIX A.
Circular.
No. 598 of 1853. Judicial Department.
From the Commissioner in Sind,
To the three Magistrates : Political Superintendent
on the Frontier ; Deputy Magistrate, Thurr and
Parkur; and Captain of Police. Dated 4th June 1853.
gIRj — I have the honour to forward certain Rules regarding
prisoners confined for debt, and for the relief of insolvent debtors,
in Sind, for your information and guidance.
2. From the date of this Circular no person shall be confined for
debt, in any jail, except under an order signed by a Collector or
Magistrate, or by a Deputy Collector or Magistrate.
3. Such an order will be in the form annexed, and the officer in
charge of the jail shall be responsible for its execution, provided the
information required under each head be clear and explicit ; and if
there are any deficiencies therein, he shall return it for amendment,
with the debtor, to the Officer by whom the debtor was committed.
4. When a debtor against whom a decree has been given is corn-
Regulation IV. of 1827, mitted to prison at the instance of a creditor,
Section LXIII. Clause l. the committing Authority shall fix whatever
monthly allowance he may think sufficient for the debtor's subsistence,
not being less than one anna nor more than four annas per diem, which
shall be paid into Court by the creditor, by monthly payments in
advance, on or before the 1st of each month, the first payment being
made on the date of imprisonment for such portion of the current
month as remains unexpired;

29
5. A debtor in confinement will be released at any time on full
„ . T ,r„T „. payment of the amount which may have been
Section LXIII. Clause 2. , , . , , . , J 0
decreed .against him, or on the surrender ot
?all his property, or at the instance of the confining creditor, or on
such creditor's omitting to pay the allowance, as above directed, for the
space of forty-eight hours after it has become due, to commence from
the closing of the Court on the day on which the payment became
due. The debtor will, moreover, be entitled to release under the
rules detailed below.
6. Sums disbursed by a plaintiff for the subsistence of a defend-
„ . r ^rTTT „, ant in prison shall be added to the decree, and
Section LXIII. Clause 3. . ., , T1 „ it,,,
shall be recoverable from the debtor s property
under the ordinary rules ; but the defendant shall not be detained in
custody, or arrested, on account of such disbursements.
7. In all cases, when the debtor is discharged from confinement,
notice of his discharge shall at once be given, by the officer in charge
of the jail, to the committing Authority.
8. Whenever a prisoner has been confined for debt, whether
to Government or to any private individual, for a period of six
months, the officer in charge of the jail shall forward him to the
Magistrate of the Zillah, together with the Warrant on which he is
detained. 9. The Magistrate shall then send for the proceedings in
the case, and summon the creditor at whose instance the debtor is
detained. 10. When the debtor is detained on account of a debt due to
Government, the Magistrate shall require from the Officer by whom
the debtor was committed his minute of proceedings in the case, the
summing up of which should always be in English, and also a state
ment, showing any reasons he may have to allege why the debtor
should be further detained.
1 1 . On receipt of such statement, or where the creditor is a private
individual, on appearance of the creditor the Magistrate shall proceed,
in the creditor's presence and in open Court, to examine the debtor as
to his means of paying the claim against him, and the Magistrate shall
further examine any documents or witnesses bearing on the same
subject, which either debtor or creditor may produce, or which he
may himself call for as necessary to elucidate the case. After inquiry

30
the Warrant will be returned to the officer in charge of the jail, with
the Magistrate's order endorsed thereon.
12. The Magistrate shall not examine into the merits of any claim.
He shall merely satisfy himself that the order for committing the
debtor to prison is definite and within the limits assigned by the
rules laid down, and that it is issued by competent authority, and
shall inform the debtor that anything he may have to urge against
such order must be stated in the way of appeal against the decree on
which the order was consequent, which appeal must be regularly made
to a Court of superior jurisdiction.
13. If the Magistrate is satisfied that the debtor has given up all
his property, and that there was nothing fraudulent nor wilfully
careless which caused his inability to pay, he may make an order for
his release, accompanied by such order as he may think fit for the
payment of the debt, in whole or in part, from the property or income
of the debtor.
14. The Magistrate may, in doubtful cases, defer granting
an order to release for a period not exceeding three years from
the date of imprisonment; and he may further direct, under
the following Clause, additional imprisonment not exceeding three
years. 15. If the Magistrate finds that the debtor has concealed or made
away with his property, or that the cause of his inability to pay was
in any way attributable to fraud or wilful carelessness on the debtor's
part, he may commit such debtor to the Criminal Jail, without hard
labour, for any period not exceeding three years. This imprisonment
shall be ordered under a separate Warrant.
16. With the abovementioned exception, no debtor shall be
confined in prison for debt for a longer period than three years ;
and whenever such term of imprisonment shall amount to three
years, the officer in charge of the jail shall report such circumstance
to the Magistrate, who shall thereupon make an order for his release
unless there be a Warrant for fraud, under Section XIV. In failure
of the Magistrate doing so, the case shall be reported by the officer in
charge of the jail to his immediate superior, for the information of
the Commissioner.
17. It shall rest with the Magistrate, taking into consideration the
circumstances which led to the debt being incurred, &c, whether an

31
order shall be passed relieving the debtor's future property and in
come, wholly or in part, from any subsequent liability on account of
the debt.
18. When more than one creditor appears against a debtor, the
claims of all creditors shall be considered and disposed of simultaneous
ly ; and any imprisonment consequent thereon will be subject to the
above limitation.
19. No person who has once been discharged shall be liable to be
imprisoned a second time on account of the same debt.
20. Any insolvent debtor may, by petition to a Magistrate, pray
to have the above rules made applicable to himself.
21. Such petition shall have appended to it a schedule, stating
the whole of the insolvent's liabilities, as far as they are known to the
insolvent, and showing when and how they were incurred, with the
names and residences of each of his creditors, and specifying what are
his means of payment.
22. On receipt of such a petition and schedule, the Magistrate
shall cause reasonable notice to be given to each of the creditors to
appear on a given day, which he shall appoint, for hearing the peti
tion. He shall also cause a proclamation to be put up in his Court,
calling on all creditors of the petitioning insolvent to appear and
prove their claims.
23. He shall then, on the day appointed, go over the petition and
schedule, in the presence of the insolvent and of his creditors, and
shall correct such schedule as far as the statements of both parties may
enable him to do so.
24. The inquiry may be from time to time adjourned, to admit of
references to arbitration, or of inquiries into specified points ; and may
at any time be suspended for a given period, on the petition of either
party, in order to admit of any disputed point being regularly tried
by Civil suit in the ordinary manner.
25. Whenever the Magistrate is satisfied that the insolvent's
schedule is as perfect as it is practicable to make it, he shall
proceed to dispose of the case in the spirit of Clauses 12 to 18 of the
above Rules.
26. In all such cases the usual amount of fee payable in Civil
suits shall be paid to Government from any insolvent's property,
before any payment therefrom is made to his creditors.

32
27. It shall be competent to the Magistrate to delegate, in writing,
to any one of his Deputies, any of the powers or duties devolving on
the Magistrate under the above Rules. I have the honour to be, &c.
(Signed) H. B. E. Frere,
Commissioner in Sind.
Commissioner's Office, Kurrachee, 4th June 1853.
(True copy) (Signed) J. Gibbs,
Judicial Assistant Commissioner in Sind.

WARRANT.
To the Officer in charge of the Civil Jail at No.
You are hereby required to receive charge of the undermentioned Debtor, and dispose of him according to
the decision of which an abstract is given below.

Name.

a o 0
a>
¦ l-t
CO CD

O

So
'So

At whose
Suit con
fined.

Debt.

Nature of.

Amount of.

Rs.

By what
Court de
creed.

Cause of
Commit ment.

For what
period to be
confined.

Remarks.

CO
Co

Court of
Date of Committal
AtThis of

Filed No.

185

Lieutenant of Police.

34

APPENDIX B.

Mules regarding the Admission and Practice of Vakeels in the
Civil Courts in Sind.
I. Any Barrister or Attorney at Law may practise in any Court
in Sind ; subject, however, to the rules regarding the language of the
Court in which they appear.
2. Any person holding a Sunnud from the Sudder Dewanee
Adawlut may practise in any Court in Sind without further examin
ation, on producing a security bond as required by rule No. 6.
3. Any person other than a Barrister or Attorney at Law, or Va
keel, qualified as above, who shall be desirous of practising as a Vakeel
in the Court of the Commissioner, or of any Magistrate or Judicial
Deputy Magistrate in Sind, shall, previously to so practising, be
required to produce a Sunnud from the Commissioner in Sind, which
will be granted after receiving a report from a Committee appointed
as hereinafter mentioned.
4. The Committee shall be composed of; —
1 . Judicial Assistant to the Commissioner ;
2. Judicial Deputy Magistrate of the Zillah in which the Com
mittee assemble ;
3. And a Native Judicial Officer, to be appointed by the Com
missioner in Sind.
5. The Committee shall assemble yearly in each Zillah, at such
time as the Commissioner may appoint.
6. Each Candidate for examination shall, fifteen days previous
to the examination, forward to the Judicial Deputy Magistrate, to be
laid before the Committee, a certificate of his respectability signed by
two householders, who shall also enter into a bond, according to the
form hereto annexed, for the professional good conduct of the party
in case of his obtaining a Sunnud.

35
7. The Committee, having satisfied themselves of the sufficiency
of the certificate and bond, shall examine the candidate as to his
knowledge of the course of Civil procedure as laid down in the
"Bombay Code of Regulations of 1827, and in force in the Courts
of Sind.
8. The names of all persons found by the said Committee to be
competent shall be reported by them to the Commissioner, who will
thereupon issue to such successful candidate a Sunnud, giving author
ity to practise in any of the Courts in the Province.
9. The fees of Vakeels shall be the same as in the Courts in the
Bombay Presidency, but shall be enforced as part of the costs of the
Judicial Deputy Magistrate, or Magistrate and Commissioner only.
This rule shall not prevent any person from entering into any private
agreement with his Vakeel ; but such agreement, if in excess of the
regulated fees, shall not be enforced as part of the costs of the suit.
10. Any Vakeel convicted of fraud or gross misconduct in his-
professional capacity will be liable to have his Sunnud suspended, or
cancelled, by the Commissioner in Sind, and he may be fined by that
Authority, the Magistrate, or Deputy Magistrate of the Zillah, to the-
extent of Rs. 200, recoverable from the securities in default of payment
by the Vakeel.
11. Any such punishment shall not, however, protect the Vakeel
from any Civil action or Criminal prosecution to which his conduct
may otherwise render him liable.
12. Every Vakeel, previous to being heard in any case, shall pre
sent a Vakeelutnama executed by his client, which shall be duly filed
amongst the papers in the suit.
13. Any Vakeel punished under Clause 10 of these rules may
appeal to the Commissioner in Sind, whose decision shall be final.
14. The above rules are applicable to Civil Courts only. By
Regulation XIII. of 1827, Section XXXVIII., any person may appear
as Vakeel on behalf of a prisoner in any Criminal Court.
(Signed) H. B. E. Frere,
Commissioner in SindL
(True copy) (Signed) J. Gibbs,
Judicial Assistant Commissioner in Sind.

36

APPENDIX C.

Circular.
No. 691 of 1856. Judicial Department.
To the three Magistrates : Acting Political Super
intendent, N.W.F. ; Deputy Magistrate, Thurr
and Parkur ; and Captain of Police. Dated 4th July 1856.
Sir, — The objects of the Commissioner's Circulars, as per margin,
No. 730 of 24th July 1852. apparently not having been clearly under-
No'Yo^of^sftember St°°d' I haVe the h°n0Ur to inform y0U
1854. that they are cancelled, and the present
Circular, embracing their requirements, with some additions, is issued
in lieu.
2. I request the particular attention of yourself and your Deputies
to a strict observance of its forms.
3. Three pattern Cases are herewith forwarded for your informa
tion and guidance, marked severally A, B, and C.
Regulation XII. of 1827, Section XIII. 4. Form A is to be used in
Clause 1, extended by Regulation IV. of cases where the nature of the
1830, Section III., and Regulation VIII. a- ¦ -, , , .
of 1831, Section II. Clause l. offence is such as to enable the
Powers of a Zillah Magistrate. Deputy Magistrate to dispose of it
himself, without the confirmation ofthe Commissioner; in other words,
Regulation XIII. of 1827, Section when he is exercising the powers
XXXIX., from commencement to words of a Zillah Magistrate in India, as
" sufficient exhibit, "shows the manner evi- n i • • i
dence is to be taken before the Zillah Per Regulation set out m the
Magistrate. margin; and in such cases the
witnesses confirming the depositions they made before the Kardar on
hearing them read over will suffice.

37
5. If the prisoner pleads guilty, a short statement of the facts
deposed to by the principal witness when before the Kardar, together
with the prisoner's own statement, will be sufficient record.
6. Forms B and C are to be used in the trial of all cases which
have been committed to the Magistrate's Court, or in cases in which
the nature of the offence is such that, although the Deputy Magistrate
can try the prisoner, a punishment requiring the confirmation of the
Commissioner is called for ; i. e. a sentence above one and not exceed
ing seven years' imprisonment.
Regulation XIII. of 1827, Section . ^ ^ ^P^Y Magistrate
XXXIX., last paragraph, "Except in trials" in sucn cases is exercising the
to end of section, is by interpretation of the powers of an Assistant Session
oudder Jtoujdaree Adawlut, under date 24th \ , . ,
November 1834, made applicable to Assist- Judge With extended powers,
ant Session Judges; and such interpretation and the prisoner must be tried
is,by the provisions of Regulationl. of 1827, -, ...
Section VII. Clauses 2 and 3, to be consi- de nov°> evelT Witness being
dered of equal force with the Regulation examined afresh, the Kardar's
proceedings not being used fur
ther than as a guide to the Deputy Magistrate in examining the
witnesses. The Regulation, as per margin, directs this course to
be pursued.
8. In all trials the charge should be fully and carefully interpreted
to the prisoner ; and where, as in the case of receiving stolen property,
the knowledge of the fact that it was stolen constitutes the crime ; or
in the case of rape, where the offence rests entirely on the fact of the
connection being against the woman's consent, such should be clearly
explained to the prisoner.
9. I would also, in regard to form B, particularly direct your
attention to the following points: — property, or weapons, placed
before the Court should be carefully described ; jewels, or miscellaneous
articles, should each be numbered, ex. gr. : —
1. A necklace (Kunti), gold.
2. A bangle (Kungan), silver.
3. A nose-ring (Nutoo), gold ; with pearls, &c.
And when any witness identifies an article, the Court should state
the number which the article bears on the list.
10. While the appointment of Assessors is always to be made in
cases of murder, both Deputy Magistrates as well as Magistrates may

38
in other cases have recourse to such assistance, if they consider it
necessary. 1 1 . Care should be taken, in the appointment of Assessors, to obtain
the services of those whose knowledge, local or otherwise, is likely
to be of the greatest use ; at the same time, of course, any person
likely to be biassed either in favour of prisoner or prosecutor should be
avoided. 12. When a witness is called for the prosecution, his examination
in chief should be conducted by the Court. At its conclusion the
prisoner has the right to cross-examine ; and when he has finished,
the Court can, if it choose, ask any further questions it may deem
necessary, and this is called " Re-examination." The converse holds
good in the case of prisoner's witnesses, whose examination in chief
is by prisoner, the cross-examination by Court, and re-examination
by prisoner.
13. Whenever an Inquest Report forms a portion of the prelimi
nary proceedings, the Court is first to call in separately two (or more,
if necessary) of the jurors, and examine them as to whether the docu
ment received as the Inquest Report be genuine. The best method
is to place the document in the witness's hand, ask him if he can
recognise his signature or seal on it, and, if he can, then to read the
report, and ask him if it is correct ; and on receipt of his reply in the
affirmative, the document may be recorded.
14. The same rule applies to confessions of prisoners, which, I
would here observe, should be recorded, if proved, for the prosecution.
The main points to ascertain are, whether the witnesses to the state
ment were present the whole time prisoner was making it ; whether
any force or other unfair means were used ; and also, whether they
affixed their signatures to the statement at prisoner's request. The
same course is to be observed in proving the confirmation before a
Deputy Magistrate of a confession made before a Kardar when the
case is on trial before the Magistrate. Confessions before Police
officers, being prohibited by Proclamation, are never to be noticed
in any way, except by a remark calling attention to the breach of
orders committed.
15. In cases where, although the prisoner pleads " not guilty,"
his only statement received from the committing Authority is a con
fession, and which, having been proved as above required, in paragraph

39
14, has been recorded for the prosecution, the Court shall, upon the
conclusion of the case for the prosecution, call upon the prisoner to
make any defence viva voce, be it in commutation of punishment or
?otherwise, that he may choose, and such must be recorded by the
Court ; he shall also be asked whether he wishes to call any witnesses.
16. At the conclusion of a witness's deposition, the Court, when
it considers such a course necessary, should record any opinion it may
have formed as to the manner in which the witness has deposed,
whether particularly clearly, or in a hesitating or other suspicious
way. 17. In summing up the facts of the case to the Assessors, the
Court should carefully avoid laying before them any but strictly legal
evidence, and it should, as much as possible, point out the connecting
links which complete the chain of proof.
18. In recording the finding of the Court, care should always be
taken that the crime of which the prisoner is found guilty should be
set out at full length.
19. It is as well here to observe, that under an indictment for a
major offence a prisoner may be convicted of any minor crime contained
in it ; ex. gr. under an indictment for murder, a conviction for culpable
homicide ; or under an indictment for rape, a conviction for assault,
either serious or trivial, may be arrived at.
20. With regard to form C, I would observe that, as Assessors
should not be appointed until after the prisoner's plea has been
Re ulation XIII of recorded, it follows that when a prisoner pleads
1827, Section XXXVII. " guilty" no Assessors are required, as, by
Clause 2nd. Regulation per margin, the confession of a
prisoner before the trying Court suffices for conviction.
21. After receiving and recording a plea of " guilty," therefore, the
Magistrate, having caused to be read over to the prisoner the depositions
of such witnesses given before the committing Authority as he may
consider show the facts of the case, and also the prisoner's confession,
likewise taken before the committing Authority (which, under these
circumstances, need not be proved according to paragraph 14), shall
then ask the prisoner whether he confirms his previous plea ; and on
receiving a reply in the affirmative, the Magistrate shall simply record
that he finds the prisoner guilty upon his own confession, and shall
pass sentence as usual. Such depositions as the Magistrate may have

40
had read to the prisoner, together with the prisoner's confession, shall
form the evidence recorded in the English proceedings. No witness
need be re-examined before the Magistrate, unless that Officer, for
special reasons, considers such a course necessary for the better
elucidation of the facts of the case.
22. The numbers in the margin of the forms refer to similar num
bers on the Sindee record, and are placed for the sake of convenience
in referring from one record to another. The Sindee record should
bear a similar number, in English as well as the native character, to
that on the English record.
23. In case of perjury on the part of any native witness, the native
deposition would be the document on which he would be indicted, not
the English. It is therefore necessary that the Court should sign
each deposition taken in the native language, certifying that it was
given on oath or solemn affirmation. A convenient form is : —
"Given on solemn affirmation (or oath) before me, this 10th day
of March 1856. (Signed) "A. B., Magistrate."
24. Hindoos and Mussulmen alone can be examined on solemn
affirmation. Parsees and Christians (except certain sects) must be
examined on oath. I have the honour to be, &c.
(Signed) John Jacob, Lieutenant Colonel,
Acting Commissioner in Sind.
Commissioner's Office, Kurrachee, 4th July 1856.

41

(A.)
Criminal Court of the Deputy Magistrate of Nowshera.
Case No. 45 of 1856.
Bukri, 11th March.
1st. — Read and recorded a report from the Mooktiarkar of Sahitee,
forwarding the following prisoner : —
Bumboo wulud Ibrahim, aged 25, by religion a Mussulman, by
trade a Sheik (if a Hindoo, " by caste"), by occupation a cultivator,
residing at Ghaji Gopang, Talooka Nowshera, Zillah Hyderabad ;
charged, under Regulation XIV. of 1827, Section XXXVI. Clause
3rd, with robbery by night, with force ; in having, during the night
ofthe 9th of January 1856, (corresponding with Rubbee ul Akhur
30th, Hejirah 1272,) broken into the house of Nubbee Bux, in the
village of Bagoo Dhera, Talooka Nowshera, and stolen therefrom
property, value Rs. 90-14-0.
The prisoner, having had the charge duly explained, pleads " not
guilty." Two sheets, one pair of pyjammas, and one copper-pot are produced
before the Deputy Magistrate.
2nd. — Read and recorded deposition of Nubbee Bux wulud Sub-
bul, taken, on solemn affirmation, before the Mooktiarkar of Sahitee,
on the 27th day of February 1856, to the effect that (insert deposi
tion). The witness now confirms this before the Court, on solemn affirma
tion, and adds, — " The list of things stolen," &c.
Cross-examined by the prisoner :— " I did not see you," &c. Wit
ness withdraws.
3rd. — Read and recorded deposition of Atoo wulud Mean Khan,
&c. (as before).
The case for the prosecution is closed.
4th. — Read and recorded statement of prisoner, taken before the
Mooktiarkar of Sahitee, on the 27th February 1856, to the effect that
he denies having committed the robbery.

42
Prisoner has nothing further to urge, or witnesses to call.
(If prisoner calls witnesses, record their depositions as those for
the prosecution, only allowing prisoner to examine them in chief, and
the Court to cross-examine.)
The Deputy Magistrate is of opinion that the prosecutor's state
ment, &c. iff =tf qp :jp qp ~fc :)£:
and therefore finds the prisoner, Bumboo wulud Ibrahim, guilty of
" robbery by night, with force," as set out in the charge ; and having
so done, sentences him, under Regulation XIV. of 1827, Section
XXXVII. Clause 3rd, to be imprisoned and kept to hard labour in the
jail of Hyderabad for one (1) year.
5th. — Wrote warrant to Lieutenant of Police.
The prisoner is removed to custody.
(Signed) J. W. Stack,
Deputy Magistrate.
(True copy) (Signed) J. Gibbs,
Judicial Assistant Commissioner in Sind, Shikarpoor.

(B.)
Shikarpoor, Monday, March l%th, 1856.
At a Criminal Court held before Major T. R. Steuart, Magistrate
of Shikarpoor, — the Magistrate proceeds with the trial of Case No. 25
of the General Calendar for 1856.
Alia Bucksh wulud Mahomed, aged about 20 years, by religion a
Mussulman, by tribe a Putan (if a Hindoo, " by caste"), by occupa
tion a cultivator, residing in the village of Matela, Talooka Gotekee,
Zillah Shikarpoor, received from Captain R. Cowper, Deputy Magis
trate of Rohree, is brought up and placed at the bar, charged, under
Regulation XIV. of 1827, Section XXVI. Clause 1st, with murder;
in having, on the 21st of January 1856, (corresponding with 21st
Rubbee ul Akhur, Hejirah 1272,) at the village of Matela, Talooka
Gotekee, purposely, and without justifiable or extenuating cause,

43
deprived Hadjee wulud Ahmed Khan of life, by stabbing him in the
back with a sword, or other sharp cutting instrument, from which
stabs he then and there died.
How say you, prisoner, are you guilty or not guilty ?
The prisoner pleads " not guilty."
A sword, the blade of which bears stains resembling those of blood,
and a pagri and trowsers, also bearing stains apparently of blood, are
placed before the Court.
The following native gentlemen are chosen by the Magistrate to
sit as Assessors : —
1. Sett Jeytsing.
2. Cazee Mahomed Yoosoof.
3. Sett Veeramull.
The prisoner is asked whether he has any objection to offer to any
of the Assessors nominated by the Magistrate, and replies in the
negative. (Should the prisoner object, such is to be entered, and the Magis
trate's decision on the objection, and, if necessary, the appointment of
other Assessors.)
The Magistrate proceeds to record the evidence for the prosecution.
1st. — Morad Khan is called into Court, and, having been solemnly
affirmed and duly cautioned, deposes as follows : — My name is Morad
Khan, my father's name is Ahmed Khan (if witness should be a
married female, insert " my husband 's" for " my father's"), my age
is about 18 years ; I am by religion a Mahomedan, by tribe a Putan
(if witness is a Hindoo, for " tribe" " caste" should be written), by
occupation a cultivator ; I reside at the village of Matela, Talooka
Gotekee. I know the prisoner at the bar, &c*
(At the close of the examination in chief, if prisoner asks any ques
tions, add) Cross-examined by the prisoner: — "I saw you strike
the deceased," &c.
(A t the conclusion of cross-examination) The prisoner has no fur
ther question to ask.
(Then, if necessary) Re-examined by the Court : — " The sword
was," &c.
Witness withdraws.
( Or should there be no cross-examination by the prisoner, after the

44
conclusion of the deposition at*, state only) The prisoner having no
question to ask, witness withdraws.
(And in a similar manner the deposition of each witness for the
prosecution is to be recorded.)
(At the close of the case for the prosecution add) The case for the
prosecution is closed.
The case for the defence commences.
2nd. — Read and recorded the statement of prisoner, taken before
Abdool Waid, Kardar of Gotekee, on the 30th day of January, and
confirmed before Captain R. Cowper, Deputy Magistrate of Rohree, on
the 10th February 1856, as follows : — "I was not at the village on
the day on which the murder was committed," &c.
(At the conclusion) Prisoner now confirms the above statement
before the Court, but has nothing more to urge, or any witness to
call. The case is therefore closed ; and the Magistrate proceeds to
lay the facts of the case before the Assessors, as follows : —
(Or if prisoner has any witness) Prisoner calls the following wit
nesses. 3rd. — Maneksing is called into Court, &c.
(As before, in deposition No. 1, but at*, if necessary) Cross-
examined by the Magistrate : — " I was ill with fever," &c.
Re-examined by prisoner : — " I never said I saw you," &c.
There being no further questions to put, witness withdraws.
(And so on, for all prisoner's witnesses, at the conclusion of which)
The prisoner having no further witnesses to call, the case is closed,
and the Magistrate proceeds to lay the facts before the Assessors, as
follows : —
The prisoner is charged with the murder of Hadjee wulud Ahmed
Khan, and pleads " not guilty." The facts proved in evidence are as
follows, &c. &c.
(At conclusion of summary)
4th. — The Assessors deliver in their verdict in writing, that the
prisoner is guilty of murder.
The Magistrate agrees with the Assessors, and therefore records his
finding. The prisoner, Alia Bucksh wulud Mahomed, is guilty of
murder ; in having, on the 21st of January 1856, (corresponding with
21st Rubbee ul Akhur, Hejirah 1272,) at the village of Matelee,
Talooka Gotekee, purposely, and without justifiable or extenuating

45
cause, deprived Hajee wulud Ahmed Khan of life, by "stabbing him in
the back with a sword, from which stabs he then and there died ;
and, having so done, proceeds, under Regulation XIV. of 1827,
Section XXVI. Clause 4th, to pass sentence upon him in the following
terms : —
Prisoner at the bar ; the sentence of the Court upon you is, that
you be hanged by the neck until you are dead, at the usual place of
execution in Shikarpoor. This sentence, however, will not be carried
into execution until the orders of the Governor of Bombay in Council
(or Commissioner in Sind, as the case may be) shall be received
regarding it.
The prisoner is removed into custody.
5th. — Wrote warrant on the Lieutenant of the Police for the safe
custody of the prisoner, until further instructions be received.
6th. — Wrote letter to the Commissioner in Sind (or, in case of
Deputy Magistrate, Magistrate of Shikarpoor), forwarding the case
for confirmation.

The Court adjourns.

(Signed) T. R. Steuart, Major, Magistrate.
(True copy) (Signed) J. Gibbs,
Judicial Assistant Commissioner in Sind.

(C.)
Kurrachee, Saturday, July 29th, 1854.
At a Criminal Court held before Major H. W. Preedy, Magistrate
of Kurrachee, —
The Magistrate proceeds with the trial of Case No. 54 of the General
Calendar for 1854.
Futteh Sing wulud Mutteh Sing, aged about 18 years, by religion
a Hindoo, by caste a Lowana, by occupation a merchant, residing in
the village of Meerpoor, Talooka Sacra, Zillah Kurrachee, received

46
from W. J. Cole, Esq., Deputy Magistrate of Jurruck, is brought up
and placed at the bar, charged, under Regulation XIV. of 1827,
Section XXVI. Clause 1st, with murder; in having, on the 1st of
January 1854, (corresponding with 1st Rubbee ul Akhur, Hejirah
1270,) in a Beyla near the village of Meerpoor, Talooka Sacra,
purposely, and without justifiable or extenuating cause, deprived
Sukkee woman of life, by stabbing her in the neck and breast with a
knife, or other sharp cutting instrument, from which stabs and wounds
she then and there died.
How say you, prisoner, are you guilty or not guilty ?
The prisoner pleads " guilty."
1st. — Read and recorded the deposition of Bhimjee wulud
Manore, taken, on solemn affirmation, before Syed Ghoolam Ali,
Kardar of Jurruck, on the 30th June, confirmed before W. J. Cole,
Esq., Deputy Magistrate of Jurruck, on the 10th July 1854 (insert
deposition). 2nd. — Read and recorded the deposition of Syed Nubbee Shah,
taken, &c. (as before) to the effect that (insert deposition).
3rd. — Read and recorded, the statement of prisoner, taken before
Syed Ghoolam Ali, Kardar of Jurruck, on the 30th day of June, and
confirmed before W. J. Cole, Esq., Deputy Magistrate of Jurruck, on
the 10th July 1854, to the effect that (insert statement).
The above depositions and statement having been read over to
the prisoner, he is asked if he adheres to his plea of guilty, and
on his replying in the affirmative, the Magistrate has nothing
further to do than record his finding the prisoner, Futteh Sing
wulud Mutteh Sing, guilty of murder on his own confession;
and, having so done, proceeds, under Regulation XIV. of 1827,
Section XXVI. Clause 4th, to pass sentence upon him in the following
terms : —
Prisoner at the bar ; the sentence of the Court upon you is4hat you
be hanged by the neck until you are dead, at the usual place of
execution in Kurrachee. This sentence, however, will not be carried
into execution until the orders ofthe Governor in Council of Bombay
shall be received regarding it.
The prisoner is removed into custody.
4th. — Wrote warrant on the Lieutenant of Police for the safe custody
of the prisoner until further instructions be received.

47
5th. — Wrote letter to the Commissioner in Sind forwarding the case
for confirmation. The Court adjourns.
(Signed) H. W. Preedy, Major, Magistrate.
(Note. — Copies of 4th and 5th should invariably be placed with
the papers in the case.) (True copy) (Signed) J. Gibbs,
Judicial Assistant Commissioner in Sind.
(Should it be necessary, in any trial conducted according to form B,
to adjourn the Court, the following form should be used in recording
such adjournment.)
It being now five o'clock (or for whatever other reason), the Court
considers it necessary to adjourn.
The prisoner is made over to the Lieutenant of Police for safe custody.
The sword and other property produced in Court are delivered
over to the care of the Police.
The Assessors are requested to attend to-morrow morning (or to
whatever date it is necessary to adjourn) at ten o'clock ; and the
Court adjourns. (Signed) T. R. Steuart, Major, Magistrate.
Shirkarpoor, Tuesday, March 19th, 1856.
The Court sits again from its adjournment of yesterday.
The Assessors are present.
The prisoner, Alia Bucksh wulud Mahomed, is again brought up
and placed at the bar.
The property produced at the last sitting is again placed before the
Court. The Magistrate proceeds with the evidence for the prosecution (or
defence, as it may be).
(A similar form, so far as it is applicable, should be used on
recording adjournment in cases tried according to forms A and C.)
(True copy) (Signed) J. Gibbs,
Judicial Assistant Commissioner in Sind.

48

APPENDIX

Return of Criminal Cases disposed of by the Magistrate and his Deputies,
for the month of July 1856, as called

$
o o6

J3 u
e
.s GOe-<CD
o w
•c
£ s
O OS

Names of
Prisoners.

<

1
o -a a
|
«

ri
oP. 3o
o

g
33

Abstract of Charge.

i
-^ aao«S-iCD
.53 *
Oa 'tf
o

1

2

3

4

5

6

7

8

9

545 546547

11 1
23 4 5

Kodoo, son of
Purrial Lo-
hana.
Moroladad, son
of Golo Kario.
Ismael, son of
Ibrahim Dhurs.
Alloo, son of
Jacob Gaho.
Bhai Khan, son
ofGhalainMa- homed Khan
Bunglaine.
Jarroo, son of
Thao Bung
laine.
Muchoo, son of
Gool Hussain
Bunglaine.

1522 30 16
504030

Hindoo . .
Mussulman Ditto . .
Ditto . .
Ditto . .
Ditto . .
Ditto . .

Labourer . .
Ditto . .
Cultivator .
Camel herd.
Cultivator .
Ditto . .
Ditto . .

Mahomed Khan's
Tanda.
Hyderabad. Hummo- pota.
Dooaba. Alyar
Tanda. Ditto.
Omerkote .

Administering Datora
to two women (Reg.
14 of 1827, Sect. 29,
CI. 3), with intent to
do them some bodily
harm.
Rape (Reg. 14 of 1827,
Sect. 2y, CI. 1), in
forcibly having had
connection with the
wife of Nidham
Kario.
Prisoners Nos. 1 and
2, robbery without
force, by night (Reg.
14 of 1827, Sect. 37,
CI. 4), of a camel,
value Rs. 32; Nos. 3
and 4, aiding in the
above offence after
the fact (Reg. 14 of
1827, Seel, CI. 5), in
assisting the thieves
to dispose of the stolen
camel ; No. 5, receiv
ing stolen property
(Reg. 14 of 1827,
Sec. 41, CI. 1), in
purchasing the above-
mentioned camel.

Mahomed Khan's
Tanda.
Datusna Garden.
Hyderabad.

49

D.

and the Officers of the Police in the Jurisdiction of the Hyderabad Zillah,
for in the Commissioner's Circular.

51

P

10

19th
July

30th
June.

Four
months ago.
Ditto.
Three
months ago.

Ditto.

5th
April 1856.

S.2
¦5\3

n

20th
July.

30th
June.

8th
July.

5th
June.

Ditto.
16th
April.

OU a

J3
¦SP B.
<» —
2. 0
P e

P S o
QJ '-*
SB -2
O es

e: O 3
Oft P.

12

21st
July.

Abstract of Conviction and
Sentence, or Decision on
the Case.

13

2nd
July.

8th
July.

25th
July.

25th
July.

23rdJuly.

14

3 ~

:3 o

flcd
*43 ^3 •-¦
I as
P-Sj.2

<4-l

o»

o am
111

15

Acquitted ; but, the case
being suspicious, to fur
nish two good securities
of Rs. 7 each (or in default
nine months' imprison
ment with hard labour)
for two years' good con
duct, or in default to be
imprisoned for that pe
riod without labour.
Acquitted, and released.

Acquitted ; Nos. 1, 2, and 3
remanded to prison, being
already under sentence ;
Nos. 4 and 5 released.

Jail.

Ditto.

Ditto.

16

24th
July.

25th
July.

26th
July.

Remarks,
showing the
Offence and
Sentence in
any former
Case.

17

18

19

U

50

Appendix D (continued). — Cases disposed of under the

-a o
C3<D

OJ

1
-4-3 a
s
»E-i
CD q
Names of
COS3
o
oo
o
Prisoners.
a
03
d
CJ
Abstract of Charge.
f
U
ft cj
a
o
"rt
a
aT
o
"S 8
'3>
a.3
at
S-d
d
cJO
oi
'©
"So
sgS
te
fe
<
S
o
PS
o
1
2
3
4
5
6
7
8
9
548
1
Poogur, son of
Gehee Lohana.
12
Hindoo . .
Labourer . .
Hyderabad.
Theft, without force, by
night (Reg. 14 of
1827, Sect. 39), of a
pair of scales, value
Rs. 1-2-0.
Hyderabad.
549
1
Dadoo, son of
Nuthoo Sheik.
30
Maho-
medan.
Cook 
Ditto . .
Theft, without force, by
night (Reg. 14 of
1827, Sect. 29), of
goods, value Rs. 29.
Ditto.
550
1
Mehoo, son of
Chatoo Roon-
ja.
30
Maho-
medan.
Labourer . .
Ditto . .
Prisoner No. 1 , breach
of local rules, in not
reporting the finding
of silver coins, value
Rs. 116 (Reg. 14
of 1827, Sect. 29).
Ditto.
2
Muntar, son of
Jaitha Lohana.
30
Hindoo . .
Ditto ..
Ditto . .
No. 2, breach of local
rules, in receiving
Rs. 20 worth of the
above without report
ing the circumstances,
and knowing them
to have been found
(Reg. 14 of 1827,
Sect. 29).
551
1
Muntar, son of
Eodun Jha-
jun.
60
Maho-
medan.
Labourer . .
Jahyno in
Doaba.
Theft, without force, by
day (Reg. 14 of
1827, Sec. 29), in
stealing property, va
lue Rs. 2.
Hallapoto.
552
1
Joomah, son of
Lalloo.
15
Memon . .
Hyderabad.
Hyderabad.
No. 1, robbery by day,
without force, of cash
Rs. 108-3-0 (Reg.
14 of 1827, Sect. 37,
Hyderabad.
2
Bhaven, son oi
Poolloo.
35
Lohana . .
Shroff ....
Ditto.
CI. 4) j No. 2, for re
ceiving the above
cash, knowing it to
have been stolen
(Reg. 14 of 1827,
Sect. 41, CI. 1).
61

Commissioner's Circular No. 1688, dated 24th December 1855.

O S
-1

O Ua

ten ot District to
De- te.

CD 1
S3

« -a
^ o

ion
be- liension if any.

¦d

Remarks,

si
r-2 CO
fe «
¦ s
O 03

2 a
Si
«tt ft

a
ot
uespa ase
from olice
Officer nty
Magistra

Abstract of Conviction and
Sentence, or Decision on
the Case.

03 at
O Or

ao
3 §
P O

eoi
Detent 3en
Appre! iSentence,

"o a>
¦a ao

showing the
Offence and
Sentence in
any former
Case.

«° 9

o ^

ca _ oj

-a
I*s
"%
ta«
3<
^Oft p.
¦g .8 *»
¦S*
"oi
>,
P
p
p
P
ft
P
o
p
10
11
12
13
14
15
16
17
18
19
11th
11th
23rd
25th
Convicted, and sentenced to
Jail.
23rd
r
?he eighth
July
July
July
July
six months' imprisonment
with hard labour, and to
receive twenty-four lashes,
twelve now and twelve a
month hence.
July
CD
offence.
22nd
23rd
23rd
23rd
Not guilty, and released.
Ditto.
Ditto.
"ob
July
July
July
July
'fab 53
*
17th
20th
21st
24th
No. 1 convicted, and sen
Ditto.
26th
CD
P
July
July
July
July
tenced to six days' impri
July
sonment with hard labour,
rt
and to pay a fine of
•3
Rs. 10.
3
1-5
No. 2 not guilty, released.
i a 03
?J. -A a
'S o.03
O
18th
21st
25th
25th
Convicted, and sentenced to
Ditto.
26th
Has before,
July
July
July
July
three months' imprison
ment with hard labour.
July
as he says,
been pu
nished for
theft.
8th
10th
11th
11th
Prisoner No. 1 convicted,
Ditto.
11th
None.
July
July
July
July
and sentenced to suffer a
month's imprisonment
with hard labour, and to
receive twenty-four lashes,
twelve now and twelve on
release ; and to pay a fine
of Rs. 100, or, in default,
to suffer six months' addi
tional imprisonment with
hard labour; prisoner No
2, not proven, but there
being cause for suspicion
July
52

Appendix D (continued). — Cases disposed of under the

¦fl

-U
03
,
a
CD
a
.9
CO
s
Ph
CJ
CD3O
o
CD
Names of
Prisoners.
¦a 03 a
o
To
a
o03
CDCJa
¦s
Abstract of Charge.
S
% CDa is
d
dO
CD
<
=3
CJcj
O
CD
o
1
2
3
4
5
6
7
8
9
553
1
Choojah, son of
Boodah.
14
Lohana . .
Labourer . .
Hyderabad
Theft of cash, Rs. 5-4-0
(Reg. 14 of 1827).
Hyderabad.
554
1
Sooka, son of
Doolmandas.
30
Cooknee . .
Servant . .
Hindoostan
Robbery by night,
without force, of pro
perty valued at Rs.
99-6-0 (Reg. 14
of 1827, Sect. 37,
CI. 4).
Ditto. .
Magistrate's Office, Hyderabad, 1st September 1856.
53

Commissioner's Circular No. 1688, dated 24th December 1855.

51 Is
"goo a*o g
u a
P

U
o CDV9 .
a §
CD .^
P. »
a. a
«« £
» a.
cd a.
~&<
P

Date of
Despatch of Case
from District PoliceOfficer to
De puty
Magistrate.

Date of
Arrival of
Case to
DeputyMagis trate.

Abstract of Conviction and
Sentence, or Decision on
the Case.

a _j
*- 03
§¦=
Is o
° CD
§3 p.
a -.
§5
'E ^
ft

§
P
cm OCD03
P

Cause of
Detention
be tweenApprehension and
Sentence,if any.

¦a* CD
!°"S3 CDao
.a %>>
ft

Remarks,
showing the
Offence and
Sentence in
any former
Case.

10

11

12

13

14

15

16

17

18

19

15th
July 6th
July

15th
July 15th
July

17th
July 17th
July

17th
July 17th
July

the prisoner is directed to
furnish two securities of
Rs. 1 50 each for his good
conduct for six months,
or, in default, to suffer six
months' imprisonment.
The securities, in default,
to be imprisoned for three
months.
Convicted, and sentenced to
suffer six months' impri
sonment with hard labour,
and to receive twenty-
four lashes, twelve now
and twelve on release.
Acquitted and released.

Jail.

17th
July

None.

S 03
¦! 03
5! 3
P<CD
P a"COo
P&
s

Securities
furnished.
Old offender.

(Signed)
(True copy)

E. P. Down, Magistrate.

(Signed) J. Gibbs,
Judicial Assistant Commissioner in Sind.

&
o' p

S- ^
|f¦^ n>
o ^-^
BB <-H
CO0° _
S" Q
t-j COCO
H-l. v.
1=1 B"

H
o

1855

ooCn
*>

1— . 1
OOo<CO

Year.

a o3S°a
utWBs>
"&¦ Vi n
rt-CD Bp-Ocn
13 e gp
qg, eo">-iponCO

00

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^J

*

-

Murder.

OI

1 — 1

CO

co

to
1.

Culpable Homicide.

00

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to

Rape.

tOOS

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*¦ | Serious Assault.

05

CO
05

1 — 1
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i— »
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Cn

Trivial Assault.

CO

!£

Oi

£ *.

.

Adultery.

•

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;

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Conspiracy.

Cn

CO

i — i

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Forgery.

*¦¦

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to

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Perjury.

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CO
CO

to o

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Robbery, with force, by
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to<1

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oCO

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COCO
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CO

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Receiving Stolen Property.

COto

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Simple Robbery of Cat
tle.

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CO

Receiving Stolen Cattle.

;

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Robbery traced to Vil
lages.

CO

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Unnatural Crime with
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00

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Unnatural Crime with
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t—t
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Cn

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Other Offences.

1—"Cn

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to to

Total Convictions by De
puty Magistrates.

00 to

cO

i— '
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to

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Acquittals by Deputy Magis
trates.

CD Cn 05

CO
o00

tOCOCO

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Convictions by Kardars-
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09
I— >
OJ Cn
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to
Acquittals by Kardars.
COOjCD<!
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Total Convictions by Magistrate,
Deputy Magistrates, and
Kardars.
?P'
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CX00
00
to
Total Acquittals by Magis
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Year.
OI. 5' aUlts- K
<§. Vj >-i&cd5p.O
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CO00
t— .
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i— .
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Murder.
CO
CO
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Culpable Homicide.
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to
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Rape-
to
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Serious Assault.
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Trivial Assault.
CO
vi
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CO
too
Ol
Adultery.
CO
H-
CO
Cn
vi
Conspiracy.
to
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00
Forgery.
VI
CO
1—.
CO
CO
Perjury.
1— <
oi
CnCO
cnCn
CnOO
o
Robbery, with force, by
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too
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Robbery, with force, by
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CO
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to
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Robbery, without force,
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©
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00
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t— '
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Robbery, without force, by
day.
Oi
to w
oo
to
Cn
00oo
1 — 1
Simple Teft.
coCO
Ol
Cn
COco
Cn
Receiving Stolen Pro
perty.
00
to
vi cn
to
VI GO
to
CO
t— -
Simple Robbery of Cattle.
o4^
toto
CO Oi
lb. Ol
^
Receiving Stolen Cattle.
to
;
:
to
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Robbery traced to Villages.
to
Oi
Oi
•
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Unnatural Crime with
Human Beings.
a>
cn
Ol
Cn
to o
Unnatural Crime with
Cattle.
COCO
OiCn
vi ¦b.
CO
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Other Offences.
to
CO cn
CO
Ocn CO
o cno
00 CnO
toto
Total Convictions by De
puty Magistrates.
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toCO
CO Cn
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Acquittals by Deputy Magis
trates.
oo
Cn to
CO
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Convictions by Kardars.
td
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OlOl
CO
CO OlCn
COCO Oi
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to Cn
Acquittals by Kardars.
to
CO Ol00
OlCOO to
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CO CO
vi
to
vi to
CO
toOl
Total Convictions by Magistrate.
Deputy Magistrates, and Kar
dars.
toCOtoco
t— •
CO O
Oltoo
CnCO
to
Total Acquittals by Mag
Deputy Magistrates, an
dars.
istrate, dKar-
CoTO COo CoTO a-
TO s-TO a aa-
a- a>- c-f.S"TO
I
a
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¦ ****
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aC-KTO Coasa, I- -iCo
99
5-H

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p— I
00cnCn
oo Cn
lb.
1— 1
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Year.
aoIa.O a
TJla-
'<$ so
¦£. CO8- CDgareCgso
05 ICD09
i — i
GO
CO
ib-
cn
1— '
Murder.
to
1— '
co
VI
to
Culpable Homicide.
~
1 — '
°
1— »
CO
Rape.
co
to
CO
©
lb-
Serious Assault.
toOi
VI
GO
£
Cn
Trivial Assault.
tolb.
©
cn
CO
Oi
Adultery.
1—.
Cn
Cn
-
vi
Conspiracy.
Cn
co
•
to
00
Forgery.
i—. *
to
Oi
cn
1— 1
CO
Perjury.
tolb.
vi
CoCn
vi CO
CO
CO
1— <
©
Robbery, with force, by
Night.
tocn
ib.
Cn
Ol
1— '
Robbery, with force, by
Day.
to©
CO
VI
to
Ol
to
to
Robbery, without force, by
Night.
coCO
Oi
lb.
1— 1
CO
1— '
CO
Robbery, without force, by
Day.
1-^
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ib-
1— »
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VI CO
1— •
tb.
Simple Theft.
Cn oo
1-- Ol
toCO
CO
1— 1
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Receiving Stolen Property.
GO
vi
© lb-
lb.
lb.
CnOl
CO
1— '
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Simple Robbery of Cattle.
to
00
to
to
1—1•b.
1— '
vi
Receiving Stolen Cattle.
toOi
Ol
©
1—1
©
i—.CO
Robbery traced to Vil
lages.
1— I
t— ' •
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Unnatural Crime with
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to
to ! '.
too
Unnatural Crime with
Cattle.
©oo
cn¦b.
CO©
to
lb.
to1—.
Other Offences.
vi to
vi
ib.
Oi
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Co
00
vi
00
vj Oi
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Total Convictions by De
puty Magistrates.
CO Ol
toto
lb.
CO©
lb.cn
CO
toCO
Aquittals by Deputy Magistrates.
9858
Cn
00
toOl
©
to
©
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tolb.
Convictions by Kardars.
to
s CO
co .b.
©
to
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vi
vi toCO
VI oo
toCn
Acquittals by Kardars.
1— 1
cn00Cn
CnCn00
to
CO
© Cn
vi
to
CO lb.Oi
to
Ol
Total Convictions by Magistrate,
Deputy Magistrates, and
Kardars.
ib.
vi CO
IOlb.to
CO
to©Co
Oi
CO
to
vi
Total Acquittals by Magi
Deputy Magistrates,
Kardars.
itrate, and
^1
CoTOa.
c*+.5n
TOisa ~i&*
a a-.
Sj-TO
«8
a C*fc
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a
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St,
99
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KW
(D
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w .
P
TO
P
ft
H
o<-K
OOOlOi
1— '
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Ol lb.
1—100Olco
Year.
OIS"0
ata-Kp
cs. Gfi"l-S
8- CDg
p-i O
re
-a BP
COrt-*sprt-CD03
Co
Co ; •
l—l
Murder.
CO
to
-
to
Culpable Homicide.
to
to ; ;
CO
Rape.
©
Ol
-
CO
lb
Serious Assault.
Cn
i — '
*.
Cn
Trivial Assault.
'•
Ol
Adultery.
©
i— ' - -
©
vi
Conspiracy.
~
i—i
CO
Forgery.
*.
to
to
:
CO
Perjury.
*
CO
1—4
I-*
o
Robbery, with force, by
Night.
1—1
1—1 .
l—ll—l
Robbery, with force, by
Day.
Cn
CO
to
l—l
to
Robbery, without force, by
Night.
to
1—1
-
l—lCO
Robbery, without force, by
Day.
cn to
Jl
COto
l—lCn
l—l 4-
Simple Theft.
z
o
CO
1 — 1
cn
Receiving Stolen Property.
CO
o
Jl
COOl
Cn
CO
Oi
Simple Robbery of Cattle.
"
l—l .
I—.
~-I
Receiving Stolen Cattle.
: :
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Robbery traced to Vil
lages.
CO
Unnatural Crime with
Human Beings.
¦ • ¦ 1 CO
• • 1 °
Unnatural Crime with
Cattle.
§
30
Oi
VI
to
Other Offences.
?!CO
Ol Ol
COCO
CO oo
toto
Total Convictions by De
puty Magistrates.
lb.1—1
—J
to©
too
toCO
Acquittals byDeputy Magistrates.
Oi
vj o
b.ob.
vi
Ol
CO
to
Convictions by Kardars.
8 td
8^ VI
vi CO
Jlb.
1 — 1
VI
to
toCn
Acquittals by Kardars.
CO (
CO
CO
JlC5
COl—lOi
Oi
vi
toOl
Total Convictions by Magistrate,
Deputy Magistrates, and Kar
dars.
K
—b.
Jl
Jl
05
^1
toto
to
Total Acquittals by Magi
Deputy Magistrates, and
dars.
3ti-ate, Kar-
CO
g
©CoTO
¦ a*
5mTO
© 5?CN-
TO -5
OK5s-CO
I Cr.TO
K
<s
a crs.TO
a s
a.
3
19
58
For the Year 1855.
I. — Moohtiarkars and Kardars.

Kurrachee.

Hyderabad

Shikarpoor

Frontier.

Total.

Depending 1st January. . . .
Instituted during the year. .

95
1860 10

42
1181 6

50
864

9
266
275

196
4171 16

Total....

1965

1229

914

4383

Adjusted or withdrawn. . . .
Otherwise disposed of ....

1409 59
324

625 81
477 13

571 26
268 7

248 8
16

2853 174
1085 20

Total ....

1792

1196

872

272

4132

Depending 31st December .

173

33

42

3

251

II. — Moonsiffs at the Head Quarter Stations.

Kurrachee.

Hyderabad.

Shikarpoor.

Frontier.

Total.

Depending 1st January. . . .
Instituted during the year. .



.263 2

41
500

• • • •
• • • •

41
1763 2

Total 



1265

541

—

1806

Adjusted or withdrawn ....
Otherwise disposed of ....

* • • *

1227 4
32

451 4
39 7

• • • •
• • • •

1678 8
71 7

Total 



1263

501

—

1764

Depending 31st December .



2

40

—

42

59

III.-

—Deputy Magistrates.

Kurrachee.
Hyderabad.
Shikarpoor.
Frontier.
Total.
-a
.3o
cup.p.
O
a
[Sp
6
-i p.o.
<
-a s
\&6 82
561
¦a CU Ph
P-,
< 1
19
2747
*a a
[So'5
0 5
71 2
78
"a 01P-.B.
<!
¦a a
[Sb
O
¦a p.Ph
-91
Depending 1st January ..
Instituted during the year.
Received by transfer ....
96
323
2
2927
65
470 12
8
66
28
••
248
1425 14
11
114 82
Total 
419
58
547
102 2552 398
643
• •
1687
207
Decreed for plaintiff or ap-
184 70
"\2 71 10
347 72
17
31 *2 2
52
196 2b
*42
166 7
281 58
*43
140 5
6
24 1
56
42 5
48 11
16
¦ "
709 167 97
393 22
48
107 4
1616
Decreed for defendant or
Remanded 
Dismissed on default ....
Adjusted or withdrawn . .
Otherwise disposed of . .
Total 
439
97
527 116
75 3
• •
1388
191
Depending31st December.
6
108
5
• •
299
16
IV. — Magistrates.
Kurrachee.
Hyderabad.
Shikarpoor
Frontier.
Total.
"a a
'5b
•a
0
•a QJ(X
-a a
'So6
¦a CJ
p.p.
<
"a
.3
O
¦a Olp.
p.
<1
¦a a
'5b
O
OS
cup,
p.
-a c
.'SP
0
¦a Va*p.
<1
Depending 1st January . .
Instituted during the year.
Received by transfer
% m
21
26
1
i
36 4
••
25
27
••
1
1
82
57
Total 
-•
47
2
40
••
52
••
• •
2
139
Decreed for plaintiffor ap-
2
15 "i
26
1
i
2
3 1 1
31
38
=
271
5
27
••
• •
1
1
6
25 27
84
Decreed for defendant or
Dismissed on default ....
Adjusted or withdrawn . .
Otherwise disposed of . .
. •
Total 
. .
44
2
••
42
••
• •
2
124
Depending 31 st December.
3
••
2 | a.
10
•¦
15
60

V. — Aggregate of Original Jurisdiction,

Kurrachee.

Hyderabad.

Shikarpoor.

Frontier.

Total.

Depending 1st January . .
Instituted during the year .

191
2183

108
2914

173
1925

....a . • ¦

472
7022

Total 

2374

3022

2098

• a • .

7494

Dismissed on default ....
Adjusted or withdrawn . .
Otherwise disposed of . . . .
Depending 31st December.

1663 71
395
*245

2077 127
675 143

1361 73
447 19
198

a a a a

5071 271
1517 19
587

Decided by European

337
1792

433
2446

335
1142 416



1105

Do. Native do 

5380 416

Total decided ....

2129

2879

1893

• • • •

6901

VI.—

Description of Original Suits.

Kurrachee.
Hyderabad.
Shikarpoor.
Frontier.
Total.
Connected with land rent .
Otherwise connected witli
9
118
1931 71
35
125
2706 13
46
216
1605 91
2 2
226 117
92"| >-553
461J
6468
Connected with debts,
Do. with caste, reli-
175
Do. indigo, sugar, silk,
117
Total 
2129
2879
1958
347
7313
VII. — Total Value of Suits Depending.
Kurrachee.
Hyderabad.
Shikarpoor.
Frontier.
Total.
Before Original Courts.
Rs. a. p.
1,87,211 0 5
Rs. a. p.
1,38,966 10 0
Rs. a. p.
87,050 6 7
Rs. a. p.
42,690 11 0
Rs. a. p.
4,55,918 12 0
Total....
1,87,211 0 5
1,38,966 10 0
87,050 6 7
42,690 11 0
4,55,918 12 0
61

VIII. — Result of Original Suits.

Kurrachee 
Hyderabad 
Shikarpoor 
Frontier  Total

5791

In favour of
Plaintiff.

In favour of
Defendant.

1873

256

1928

149

1667

226

323

24

655

IX. — Average Duration of Suits.

Kurrachee.

Hyderabad.

Shikarpoor.

Frontier.

Average.

CO

09
cS ao

03
ft

at 13
CJ

w0O
a

03
a

coCD

CO
1 o
a

03
a

cos
CJ

CO
*-» 0O
a

ai
a

COa CJ
1*

CO
.a ao
a

a

23
29 3
28
, .
l
2 1
14 12 1
2
••
5 2 1
24 16
12 18H
••
i
23j
••
2 2 1
15
Deputy Magistrates. .
••
84
15
(Signed) J. Gibbs,
Judicial Assistant Commissioner in Sind.
SELECTIONS FROM THE RECORDS OF THE BOMBAY
GOVERNMENT.
No. LVI.— New Series.

CIRCULAR ORDERS

ISSUED FOR THE GUIDANCE OF

OFFICERS IN SIND,

IN THE JUDICIAL DEPARTMENT,

REVISED AND COMPILED BY
JAMES GIBBS, C. S.,
JUDICIAL ASSISTANT TO THE COMMISSIONER IN SIND.

J3omI»S2J
PRINTED AT THE
EDUCATION SOCIETY'S PRESS, BYCULLA.
1860.

PREFACE.

In compiling this edition of the Circular Orders which have been
issued, from time to time, for the information and guidance of
Officers in the Judicial Department in Sind, I found it necessary
to revise and re-write nearly all. This was the more required,.
as the circulars had generally been issued to provide for isolated
points which arose in cases coming before the Commissioner for con
firmation or in appeal, and did not therefore contain anything like a
connected series of instructions on any one subject. To remedy this,
I collected all the circulars, arranged them under different headings,
and then embodied those on each subject in one circular, adding the
links necessary to complete the chain of instructions.
Some circulars, such as Nos. IV., V., VI., and VII. of Part II. , are
published nearly word for word as originally issued. A few modifica
tions and — in the case of Nos. IV. and VII. — extensions of the
original scheme have, however, been added.
The classification into parts has not been made very strictly ; it was
impossible to distinguish in some cases between the duties of a
Magistrate and the Police when mixed up in one circular. Officers are
therefore to look to the divisions merely as a general guide in tracing
the particular order they require.
The object of Part I. is explained in the note appended by Sir
Bartle Frere, and needs therefore no further mention in this place.
Part II. comprises the circulars regarding the administration of
Civil Justice. The rules laid down in No. III. will, I trust, tend to
simplify the proceedings of the Civil Courts. They have long been in
MS., and many of them have already been adopted at my verbal
request.

IV

Part III. relates to Criminal Justice. Circular No. II. will be found
to contain much ofthe printed circulars issued in 1856; but a single
form of trial has been substituted for the three forms of procedure
then published, and one form of deposition to be used in all cases
has been adopted.
Part IV. contains circulars particularly affecting the Police; and
although many of their duties are laid down in other parts of the
work, the circulars arranged under this Part will be found to be of
more frequent reference.
In Part V. (Miscellaneous) I have introduced a short account of
the steps taken to check female suicides in Sind, and have given a
sketch of the rise of the Native Judicial Officers in the province.
The one, as showing a curious attempt made by the people to avoid
the stringent orders of Sir C. Napier, for putting a stop to the bar
barous practice of wife-killing; the other, as exemplifying the success
which has attended a measure introduced in the face of consider
able opposition from the local officers of the time.
Part VI. contains the Rules for Jails. A Committee, consisting of
the Captain of Police in Sind, the Lieutenant of Kurrachee Police,
and myself, were about to codify the rules which, from time to
time, had been issued, as also to reduce to writing many of the
customs, varying in different localities, when the Manual published
by the Punjaub Government was received, and, at Sir Bartle
Frere's suggestion, the committee took it as their guide. Alterations
and additions will be found, — some required from local circumstances,
some considered by the committee as improvements. For the
labour and time saved by the adoption of the Manual, I here tender
my best acknowledgments.
The Addenda, which follows Part VI., contains a few circulars,
which had escaped my notice in compiling the former parts, together
with some new instructions issued since the work went to press.
An Index has been prepared, and will be found following the
table of contents, of the number and date of every circular issued
in the Judicial Department from the year 1847, together with a note
showing whether it has been cancelled or incorporated in the present

compilation. But it is particularly requested that this work be used
without reference to the old circulars, and be alone quoted in all
official correspondence. The main object of the index is to show that,
from the first establishment of civil administration in Sind, the attention
of those in authority has been earnestly directed to the improvement
of the judicial administration of the province.
It having been suggested that a sketch of the different systems for
the administration of justice, which have existed from the conquest
up to the present time, would be useful, the following brief account is
given.* On our taking possession of the country, Magistrates were at once
appointed who had limited powers (six months' imprisonment, 50
lashes, and Rs. 100 fine), and by these all trivial cases were disposed
of. For a short time, they were allowed to decide, subject to the
confirmation of the Governor, cases of greater magnitude, involving
punishments of 7 years' imprisonment ; but this authority was soon
withdrawn, and all cases requiring more than six months' imprison
ment were directed to be disposed of by military commissions com
posed of a field officer and two captains or subalterns of 7 years' stand
ing; a Memo, detailing the punishments considered suitable to the
nature of the ordinary offences was issued by the Governor for their
guidance. There is no doubt but that this machinery was very cumbrous ; the
proceedings were prolix, and often not to the point. After a time,
the members of these commissions were, in so many words,
informed that they were nothing more than " a sort of council"
" possessing no legal authority, " whose sentences were liable to be
enhanced or reduced at the pleasure of " a despotic governor, whose
will was the sole law of the province;" and tliis absence of responsi
bility sensibly affected the value of the institution, which became
little more than a machine for recording the deposition of witnesses,
to enable the Governor to form his opinion of the guilt of the party
accused. * Abridged from my Judicial Report, published by Government in 1857.

VI
As regards the administration of Civil Justice during this period,
little or nothing was done to put it on a proper footing. A five per
cent, institution fee was ordered, but the cases when filed were referred
generally to Punchayets or Cazees, whose decisions, however, were
often upset by the Magistrate or Deputy, without any reasons being
recorded. The consequence was, that very few civil suits were pre
sented for trial.
This system was, however, continued, until the beginning of 1849,
when, under instructions from the Bombay Government, tribunal*
were established, and cases ordered to be disposed of according to the
spirit of the Code of 1827.
(1) The Commissioner's, (2) the Magistrate's, (3) the Deputy
Magistrate's, and (4) the Kardar's, were the Courts instituted ;
but the last-mentioned were not allowed to commence work until some
two years later. Additions and modifications have been introduced
from time to time, and the present constitution of the Courts will be
found in circulars No. I. of Part II. , and No. I. of Part III.
In conclusion, I beg to apologise for this work not being so com
plete as I could wish ; it having been prepared in the midst of very
heavy daily work must be my excuse ; but as a step to arrange and
bring into order a mass of circulars, some of which have become
obsolete, others modified, and some cancelled, I trust it will be found
useful to all the officers engaged in the administration of justice
in the province of Sind. James Gibbs,
Judicial Assistant to the Commissioner in Sind.
Kurrachee, November 1859.

C ON TENTES,

PART I.
SELECTIONS FROM THE GENERAL ORDERS OF
SIR C. NAPIER.
Section. page
I. — Regarding the manner in which the Supremacy of the British is to be
maintained over the Native  ,  3
II. — Against Furious Driving  ib.
III.— Free Trade  4
IV. — Acts of Oppression towards Villagers forbidden  ib.
V. — Dismissal of Public Servants  ib.
VI. — Entertainment of new Clerks  5
VII. — Officers not to use Native terms in English Correspondence  ib.
VIII. — Proclamation regarding bearing Arms  ib.
IX. — Officers forbidden to shoot Peacocks  6
X. — Against the non-payment of just Wages and ill-treatment of Villagers  ib.
XI. — Regarding Volunteers. — Showing the true Post of Honour for an Officer  7
XII. — Regulating the Jurisdiction of Police in Cantonments  ib.
XIII. — Prohibiting Belts and Badges except on Government Servants  8
XIV. — Vagabonds and people without professions to be sent out of Sind, or worked
in gangs on the roads  ib.
XV. — Respect to be shown to Mosques  9
XVI. — Declaring Civil Government established in Sind  ib.

PART II.
THE ADMINISTRATION OF CIVIL JUSTICE.
I.— The powers exercised by the Civil Courts in Sind  12
II.— The Fees to be levied in Civil Suits  13
III. — Instructions regarding the Procedure to be adopted in the Civil Suits  14
IV. — Fees to Cazees or Pundits for deciding Civil Suits referred to them  21
V. — Rules for the Practice of Vakeels  23
VI.— Rules for the Relief of Insolvent Debtors  25
VII. — Rules for the Registration of Deeds.  28
VIII.— On the subject of Mortgages...  34

Vlll CONTENTS.

PART III.

THE ADMINISTRATION OF CRIMINAL JUSTICE.
Section. page
I. — Criminal powers exercised by Judicial Officers in Sind  39
II. — Procedure to be followed in Criminal Trials  41
III.— Evidence of Medical Officers  50
IV. — Evidence of Trackers  ib.
V. — Rules regarding Acquittals  ib.
VI. — Reports of Sentences to be made to Police Officers  51
VII. — Bail, as a general rule, to be accepted for Prisoners  ib.
VIII. — Rules for identification of Persons and Property,  52
IX. — Corporal Punishment  53
X.— Delay in Trials  55
XI. — Instructions regarding cases of Rape  ib.
XII.— Ditto ditto Perjury  56
XIII.— Ditto ditto Adultery  57
XIV. — Ditto ditto Wives refusing to live with their Husbands. . ib.
XV.— Ditto ditto the use of Stocks  58
XVI. — Extended Powers to Kardars  59
XVII. — British-born Subjects how defined.  61
XVIII. — Offences by Military persons, when cognisable by the Civil Courts  65

PART IV.

POLICE.
I. — Police forbidden to take Confessions  67
II. — Rewards to Puggies  ib.
III. — Police Officers to find their own Buildings  68
IV. — Police to watch the result of Cases committed for trial  ib.
V. — Escape of Prisoners  ib.
VI. — Instructions regarding the transmission of Female Prisoners  69
VII. — Inquests and step to be taken on a death occurring under suspicious cir
cumstances  ib.
VIII. — Permission to bear Arms  71
IX. — Proclamation regarding the sale of Children for the purposes of Prostitu- -
tion  ib.
X. — Peons Badges  72
XI. — Proclamation against Trespassers ,, < >,,,,,,, .  ,  , , . , 73

CONTENTS. IX

PART V.
MISCELLANEOUS.
-Section page
I. — All Government Offices to be open to the Public  77
II.— All cases of Torture to be inquired into  ib.
III. — Officers not to use Police Horses  ib.
IV. — Judicial Assistant Commissioner to visit Courts  78
V. — Injury to Electric Telegraph Posts  79
VI. — Contempt of Court how to be dealt with  ib.
VII. — Female Suicides  ib.
VIII. — Rise of Kardars' Powers   82
IX. — Cruelty to Animals  85
X. — Summons on Subordinates to be served through Head of Office  ib.
XI. — Fining Petitioners discouraged  „  86
XII. — Records to be in Sindee  ib.
XIII. — Records to be on Paper, size Foolscap  ib.
XIV. — Public Officers not to prepare Petitions  87
XV. — Rules regarding Correspondence and the reduction of Records  ib.
XVI. — Treatment of Kardars and other Native Officers of Rank  ib.
XVII. — No Public Works to be carried on on Sunday  88

PART VI.
JAILS.

RULES TO BE OBSERVED IN ALL JAILS.
1. — Introductory  91
II. — Discipline  93
HI. — Classification  94
IV.— Conservancy Arrangements  96
V.— Fetters  97
VI.— Clothing  98
VII.— Dietary  99
VIII. — Prisoners' Property  100
IX.— Precaution against Escape  101
X. — Sanitary Measures  103
XL— Guards  104
XII.— Sentries  105
XIII.— Turnkeys  ,  ib.
XIV. — Marshal or Jailor  106
XV.— Medical Officer  107
XVI. — Miscellaneous  109
c%

CONTENTS.

PART VII.
ADDENDA.
No. PAGE
I.— Powers of Officers of Police  113
II. — Cases of Abortion . .  ib.
III. — Batta for Witnesses  114
IV. — Additional Rule regarding Pleaders  ,  115
V. — Accounts in Civil Suits to be prepared in the Vernacular as well as in
English  116
VI. — Offences by Europeans, non-Military, within Camp limits  ib.
VII. — Rules regarding Batta for serving Processes by Civil Courts  115
VIII. — Rules for the disposal of Civil Suits in which Caffila Merchants are parties . . ib.
IX. — Regarding Cattle Stealing  118
X. — Rules regarding Security  ib.
XI. — Punishment for Adultery  120
XII. — Periodical Return  ib.

INDEX

SHOWING THE

Numbers and Dates of Ciroulars issued in the Judicial Department
from the Year 1847.

No.

and date of

Circular

79

April

26th
22nd

June

26th

289

Oct.

15th

14

Jan.

17th

25

26th
142
May
20th
172
June
8th
192
24th
215
July
12th
256
August 12th
270
it
26th
53
151180
210
256
348
512527
80
154
324492510
April 14th
29th
May 19th
June 2nd
13th
Julv 2nd
„" 26th
August 9th
Sept. 8th
October 8th
„ 9th
Feb. 12th
March 13th
„ 29th
May 27th
July 22nd
„ 29th
Subject.
1847
Statements of Judicial Officers to be taken on oath
Regarding the implements of trade of civil debtors .,
Female suicide 
Accused parties to be admitted to bail, except
certain cases 
1848
Female suicide 
Police not to interfere in cases of abortion 
Imposition, levy, and commutation of fines 
Prisoners to be sent to jail, pending confirmation, with
extract of trial  , 
Cattle-stealing 
Female suicide 
Dismissal of Government servants 
Rules for granting relief to pauper prisoners on their
discharge from jail  , . , 
1849
Village officers ; also Patels 
Magisterial power of the Captain and Lieutenant of
Police 
Designation of Collectors, Magistrates, and their
Deputies 
Sentences requiring confirmation not to be executed till
confirmed 
Definition and classification of crimes and punishment
Points explained conuected with the Regulations 
Reduction of correspondence 
Proceedings for confirmation to be sent by letter 
Official letters in the same office and in the same
department to be sent in one envelope 
Confession of prisoners 
Copies of documents referred to in proceedings to be sent
1850
Assessors on trials merely to give a verdict of guilt or
innocence 
No prisoners to be allowed to work outside jails unlet
tered
Entertainment of establishment for jails and jail hospitals
Responsibility for non-apprehension of offenders 
Period of imprisonment to reckon from the date of
sentence  , 
Power to sanction rewards to puggees, up to Rs. 50,
vested in Magistrates and Captain of Police 
Remarks.
Embodied.
Omitted.
Embodied. Omitted.
Embodied.
xn

INDEX.

No. and date
Circular.

of

Subject.

Remarks.

548

August 12th
„ 24th
Jan, 4th
Feb. 18th 28th
March 19th
April 15th
June 4th
4th
July 5th
16th
August 1 1th
„ 21st
Sept. 12th
Dec. 10th
,, 22nd
Feb. 2nd 6th
„ 6th
March 1 st
April 1 6th
28th
May 11th 14th17th
July 13 th
13th
24th
Sept. 10th
Oct. 14th

Imprisonment awarded in commutation of fine to be

Embodied.

Fines combined with imprisonment with hard labour,
imprisonment in commutation to be with hard labour.
1851
Register, showing the state of health of each prisoner)

)•

Fining prisoners in certain cases preferable to imprison
ment. Fines, \i hen not paid, to be levied by dis-

121

"
174
Prisoner's father's name and tribe to be given in all
257
Trials, witnesses' statements, and defence in full to be
recorded in the Vernacular language ; proceediugs
Perjury and forgery not to be tried by the officer before
449
Public officers not to assist parties in preparing peti-
619
Finding and sentence to be in the Magistrate's own
f68
(.96 771
Rules for the administration of civil justice by Kardars.
Summary of the case with finding required by Govern-
Foujdars to exercise criminal powers onlv 
n
987
Rules regarding eases committed for trial 
Enjoining ready accessibility to all officers by peti-
)»
55
1852
Adultery to be prosecuted by the husband, or by
67
a
75
Proceedings to be sent for confirmation, when autho
rised limit is exceeded by additional imprisonment in
a
122
Officers of Police to send criminal returns .... .
D
261
Courts to be public to all persons 
«
3U
All requisite particulars -to be given in the description
of convicts, under sentence of transportation, being
a
386400 408
679
Returns of civil suits to be made for calendar months. .
Judicial work to take precedence of all other . . .
Extent of magisterial power exercised hv officers 
Old and infirm prisoners not to be sentenced to such
punishment as they cannot bear 
a)»
CSJ
Warrant on prisoners from another zillah, convicted of
criminal offence, to be sent to the Lieutenant of
a
730
921
1069
Rules for record of criminal trials 
Curtailing the record of criminal trials 
Persian proceedings to be sent with English proceed-
i>.IX
II
INDEX.

XIII

No. and date of
Circular.

1314
1343

2092
144147185
2773(^7395406446487 486 518531598 736
744804S62868 916
922 943
1015 1017 108y
1159 11.921343

Dec.

Jan.

Feb.

8th
30th

7th
31st
15th
16 th
24 th

May

JuneJuly

March 22nd
April 14th
,. 21st
23rd 30th Uth 11th
17th
20th 4 th
7th
9th
21st
August 1st
„ 3rd

11th
13 th
17th 2nd 3rd
21st

Sept-

Subject.

October 6th
18th
Nov. 29th

40
43&44

Jan. )>

17th 18th

W

Feb.

23rd

206

March

3rd

319

s»

31st

New monthly civil return 
Regularity to be observed in the Persian record of
criminal cases 

1853
Report of the inquest in murder cases to be proved by
two of the jurors 
Confessions before Policemen 
Delay in trials of murder 
Punishment for cattle-stealing 
Original criminal proceedings to be returned to Magis
trates 
Number of sick prisoners released to be shown in
criminal return 
The space to be allowed for each prisoner in jail ....
Regarding civil suits 
Civil returns 
Delay in trials 
Limitation of time for admitting appeals 
Spelling names of parties and prisoners 
Cattle-stealing 
Cattle-stealing 
Insolvent debtors 
Execution of decrees 
Subsistence money to witnesses 
Female suicide 
Wives refusing to live with their husbands 
Proceedings of Deputy Magistrate, submitted for con
firmation not to be copied 
Her Majesty's Supreme Court's warrants to bear the
Regulation on the face  ; 
Duty of Police Officers in murders as to confession. .
Police confessions 
Preparing the English proceedings on trials during the
time the trial is going on 
Regarding the instruction in head quarter jails 
All proceedings (nominal rolls) must have prisoner's
father's name in full 
Fees for summonses in civil cases 
Bearing arms 
Fees for summonses 
Protection to dumb animals 
Female suicide 

1854

Remarks.

Embodied.

Extended power to Kardars. . 
Prohibiting the transfer of prisoners from one jail to
another until further orders 
Confessions to be recorded for prosecution, not for
defence  t 
Regulation or Act authorizing sentence to be shown in
proceedings 
Proceedings sent to Government to be well copied,
paged, indexed with names of witnesses, and No. of
exhibits  , 

XIV

INDEX.

No. and date of
Circular.

Subject.

Remarks.

575 744 794
819 840871
892
1014

1168

513 168171

109 20(1
445472 480691709 743

May 29th
July 7th
18th
„ 21st
27th
August 4th8th
Sept. 2nd
27th

May Dec.

5th
24th
27th

Feb. 11th
March 4 th
May 3rd 8th9th

July

4 th
8th
21st

112

Feb.

4th

351

April

1st

429

15th

634

June

9th

1116

Octob

er 5th

1234

27th

1319

Nov.

13th )

1343

))

29th S

86

Jan.

20th

249

April

10th

663

May

3rd

756

13th

777

»t

17th

840

28th
1334
August 28th
Kardar to perform Cazee's duty where there is none
appointed 
Jurisdiction of Civil Courts 
Acquittals by Deputy Magistrate 
Suits for removing attachment 
Attempts at adultery 
Trials how to be conducted when prisoners plead
guilty  ; 
Adultery cases how to be disposed of 
Prohibiting prisoners being sentenced before preparing
proceedings, on the deposition of witnesses recorded
in their absence 
Skill of professional trackers to be relied on
evidence 
1855
Rough proceedings to accompany the fair sent to
Government for confirmation 
Extended judicial power to Kardars 
Registration fees by Cazees  , 
1856
Registration of deeds 
Registration circular 
Relative to grant of permission to carry arms 
Civil suits against Government officers 
Flogging in petty cases not to be awarded with long
terms of imprisonment 
Procedure in criminal trials 
Kardar can award only 4 months' imprisonment; no
Deputy Magistrate can enhance such sentence ....
Cases to be entered in civil returns when disposed of
by Kardar, under No. 40, of 17th January 1854,
and 1688, of 24th December 1855 
1857
Attempts at suicide how to be dealt with 
Exacting security 
Adultery ; prison discipline 
Prisoner to be flogged in presence of medical
officer  
Evidence for inquests and confessions not to be read
and recorded before they are proved 
Delay in trial of criminal cases 
Fees for summonses and warrants . , 
1858
Insolvent debtors (subsistence to) 
Fees for appeals 
Registration of deed. . , 
Court fees in civil suits 
Fees on summonses and warrants 
Wives refusing to live with their husbands
Court's debtors 
Embodied-
Cancelled.Embodied.
INDEX.

XV

1763 1780 1825
2000 55a

3S0

534

707

736

771777826

920
1223
1233

140414191970

October 26th29th
Nov. 8th

Dec.

10th 31st

Feb. 11th
28th
April 19th
May 20th

27th30th
„ 31st
June 1 st
7th

24th
July 8th
August 16th17th 5th

Sept.

,, 14th
27th
Dec. 16th

Jail discipline  , 
Marriage of girls for the purpose of prostitution ....
Issuing forms for the abbreviation of criminal trial
cases, &c  
Officers other than Deputy Magistrates to furnish
criminal returns to Magistrates 
On leniency of sentences for robbery, cattle-stealing
&c 
1859
Proclamation prohibiting the marriage of girls to
Kunjurs for the purpose of prostitution 
Drawing attention to Sir C. J. Napier's proclamation,
prohibiting the use of belts and badges except by
Government servants 
Forwarding copies of correspondence from Government,
for information and guidance, relative to the liability
of British-born subjects to the Mofussil Courts ....
Prohibiting the practice of Vakeels conducting the
case of the one party in one court, and of the other
party in the appeal 
Pleaders' fees 
Proclamation relative to persons trespassing in private
premises 
Insolvent debtors' rules, further instructions on ....
Redemption of mortgaged lands 
Heavy sentences to be awarded in cases of misconduct
as policemen ; and cases of cattle-stealing to be tried
by Deputy Magistrates 
Fees to pundits 
Minute by Mr. Gibbs, relative to the law in offences
committed by military persons beyond camp limits . .
Instructions regarding intricate accounts in civil cases
and the calculation of interest 
Extended powers to Kardars 
Notice : — Establishment of Courts for investigating
claims against Caffila merchants 
No provisional sunuds to be given to Vakeels 
Batta to witnesses to be given in advance 
Flogging in cases of adultery prohibited, — fine, or
imprisonment, or both, being the only punishments
awardable under Act II. of 1845 

Embod.

PART I.

SELECTIONS

THE GENERAL ORDERS

GENERAL SIR C. NAPIER,

GOVERNOR OF SIND.

NOTE

The following Extracts, from the Circulars and General Orders issued by the
Conqueror and Governor of Sind, have been inserted here, because they bear more or
less on questions of Judicial procedure, and Police. Under Sir Charles Napier, justice,
in all important cases, was administered through the agency of a Military Commission,
and many of the Orders issued by him are, consequently, inapplicable to an adminis
tration of justice by Civil tribunals, but they contain many golden maxims applicable
to all countries and people ; and they would be well worthy of preservation, were it
only for the wit and humour which characterized all he said and wrote. His Orders
against marauding, and those pointing out the necessity that a conquering Army
should be scrupulously just and forbearing, and that the General, even in the first flush
of victory, must protect the conquered people, if he wishes to avoid a guerilla warfare,
are true for all time. Some of the Orders are of historical importance, — such as the
Disarming Order, which was the first in India to direct the complete disarming of a
conquered nation, and which was carried out with less offence to the people, and trouble
to the Officers of Government, than would now be believed.
H. B. E. Frere,
Commissioner in Sind.

PART I.

SELECTIONS FROM THE GENERAL ORDERS
OF
GENERAL SIR C. J. NAPIER,
GOVERNOR OF SINB.

No. 1.

Head Quarters, Sukkur,
\6th November 1842.

# #
But that was not the cause of the Major General's ordering Captain-

to be placed under an arrest. He was put under
Supremacy of British over an arregt for stritinK, and throwing into the
Native to be maintained by ,
justice. Indus, an inoffensive peon, who gave him no pro
vocation, but who was obeying the orders he had
received from Captain  . The Major General has heard it said, that the
supremacy of the British over the Native must be maintained in India, and
he entirely concurs in that opinion; but it must be maintained by justice.

No. 2.
Head Quarters, Sukkur,
21st November 1842.
Gentlemen as well as beggars may, if they like, ride to the devil when they
. . c ¦ , . get on horseback, but neither gentlemen nor
Against furious driving. b ' °
beggars have a right to send other people there,
which will be the case if furious riding be allowed in Camp or Bazaar. The
Major General calls the attention of all in Camp to the orders of Lieutenant
Colonel Wallace (dated the 18th ultimo), and begs to add, that he has placed
a Detachment of Horse at Captain Pope's orders, who will arrest any offender ;
and Captain Pope will inflict such a fine or other punishment as the Bazaar
Regulations permit.
This order to be published through the Cantonments, by beat of drum, for
three successive days. Captain Pope is not empowered to let any one off
punishment, because, when orders have been repeated, and not obeyed, it is
time to enforce them : — without obedience, an Army becomes a mob, and a
Cantonment a bear-garden.
The enforcement of obedience is like Physic, — not agreeable, but at times.
very necessary.

No. 3.
Head Quarters, Camp Hyderabad,
22nd April 1843.
When Officers send their people to make purchases, they must also send
money to make the necessary payments. It is
Free trade. , , , . , , , , .
not just that the purchaser should put his own
price upon any article, and force the vendor to take it ; such a principle
cannot be admitted.

No. 4.
Remarks on a Native District Court Martial assembled at Hyderabad, on tke
28tk of April 1843, on a Private of the Golundauze Battalion, charged
with oppressive conduct towards certain Villagers, and sentenced to undergo
two months' ordinary imprisonment.
My complying with the wishes of the Court is impossible. I consider its
sentence as utterly inadequate to the offence of
hib°T8Si°n °f "illagerS Pr°" vvhich the culprit has been convicted. I am
charged with the protection of the people of Sind, —
I am charged with the honour of the Company's Service, — I am charged with
the safety of this Army, — and am charged with the success of our Amis.
Now, I consider all acts of plunder calculated to injure these matters, in the
very highest degree, and if I am not supported by Military tribunals, I must
resort to the higher powers vested in me by Act of Parliament, which I
exceedingly dislike to do. The prisoner has been convicted of direct maraud
ing — in face of all Military discipline, in face of my orders, and in face of the
orders received from his own Captain. His trumpery defence is just what
every criminal adduces — so many mere assertions, carrying their contradiction
along with them. Had I been on the Court, I should have sentenced him
to, at least, one year's imprisonment with hard labour. However, the sentence
passed upon him, trifling as it is, he must undergo in the Fortress of Hyder
abad ; and I take this opportunity to republish, what I have already put in
public orders, that the first case of aggravated plundering which is brought to
my notice, and clearly established, I will punish to the utmost extent allowed
me by Act of Parliament — namely, Death. The people must be protected.

No. 5.
Head Quarters, Camp Hyderabad,
\3th May 1843.
No man is to be discharged from any ofthe Civil Establishments without a

report being made to the Commissioner for Civil Administration, of the cir-
,_ . , . ... cumstances which produced the infliction of such
Dismissal ot public servants. . . , .
punishment, against which an appeal may always
be made to the Governor.
No arbitrary dismissal from employment is to take place with regard to
individuals receiving above Rupees thirty (30) per month, except by the orders
of the Governor General; but the Governor of Sind has a right to suspend any
functionary in case of misconduct, referring the same to the Governor General.

No. 6.

Head Quarters, Kurrachee,
,st February 1844.
His Excellency the Governor directs that no Officer in Sind, having chnrge
„ . , . . ,. „, , of a public Office, shall entertain any Writer or
Entertainment of new Clerks. ' ' J
party who may have quitted other Offices, unless
they can produce certificates that they have done so with the consent of the
Officer under whom they may have been formerly employed.

No. 7. Head Quarters, Kurrachee,
12th February 1844.
The Governor unfortunately does not understand Hindoostanee, nor Persian,
nor Mahratta, nor any other Eastern dialect. He
Officers not to use Native therefore will feel particularly obliged to Collectors,
terms in their English corres- „. .. . A . . .
pondence. sub-Uollectors, and Officers writing the proceed
ings of Courts Martial, and all Stiiff Officers,
to indite their various papers in English, larded with as small a portion of
the — to him — unknown tongues as they conveniently can, instead of those he
generally receives — namely, papers written in Hindoostanee, larded with
occasional words in English.
Any indent made for English Dictionaries shall be duly attended to, if
such be in the stores at Kurrachee; if not, gentlemen who have forgotten
the vulgar tongue, are requested to procure the requisite assistance from
England.

No. 8. Head Quarters, Kurrachee,
\Qth February 1844.
1. All Officers in Command, and Officers of the Revenue, must exercise

6
their discretion as to people found bearing arms. Tf these cannot give a
good account of themselves, their arms must be
^Regarding the carrying of ^^ from them . but if thev are travellers, who
evidently carry arms for their protection, they are
not to be deprived of them. No man is to bear arms in the towns, except
in passing through.
2. All Chiefs who have made their Salaam, are entitled to carry arms
personally. 3. All merchants who live in Sind are to apply to the Lieutenant of Police
when they send out people with merchandize, and the Lieutenant of Police
should give to the said merchant a 'permit' to carry arms. This 'permit' is
to be given free of all expense, and will state the number of people, and the
number and description of arms which the merchant requires; and for the good
conduct of these, his people, the merchant is to be responsible.

No. 9. Head Quarters, Kurrachee,
25tk February 1844.
Officers must not shoot Peacocks : if they do, the Beloochees will shoot
, ,. , Officers — at least, so they have threatened ; and
Against shooting peacocks. „,. . , , ,. i , . i ' i ,
Major General Napier has not the slightest doubt
but that they will keep their word. There are no wild peacocks in Sind ; they
are all private property, and sacred birds ; and no man has any right whatever
to shoot them. The Major General is satisfied that, after this warning, no
Officer will again give such offence to the people, whose tranquil behaviour
and extreme civility has been the subject of general remark and admiration;
but this tranquillity has been produced by the good conduct of the Officers of
this Army in the first instance, and by the strict discipline which has been
preserved ; therefore, a deep responsibility will lie upon any man who wantonly
destroys the harmony now existing. If there be one evil which the Major
General has more strenuously endeavoured to avoid than another, it is that of
a guerilla war. If such a misfortune should arise, there is no saying where
the sacrifice of life and treasure would end : every man who has common sense
must see this.

No. 10. Head Quarters, Kurrachee,
8th May 1844.
It having been brought to the notice of His Excellency the Major General,
by Officers commanding Detachments, that the
,£££?« £%£"*""' habitants of certain villages had deserted them,
in consequence of guides having been seized, and
not only ill-treated, but not paid for their labour, His Excellency directs that

Officers commanding Stations and Detachments in Sind will use their utmost
endeavours to put a stop to such a practice.
The greatest inconvenience must arise to the Public Service if such injustice
is permitted to be used towards the peaceable inhabitants, and should it be
persisted in, Regiments and Detachments will shortly find themselves in
the greatest difficulties from the desertion of these useful people.

No. 11.

Head Quarters, Kurrachee,
26th December 1845.
The Governor knows right well the desire of every Officer to march against
The post of honor. the Enemv; so 'n is with evei7 private soldier.
He wishes that he could take every man in Sind ;
but Sind must be guarded, and every man must make his mind up to do his
duty where the State requires his services. That is the post of honor. Hav
ing premised this, the Governor hopes that all in this Army will be satisfied
with the assurance that he is not influenced by any feeling but the good of the
Service, as far as his judgment enables him to act, and that he may be spared
the pain of refusing particular applications to march with the Field Force.

No. 12.

Head Quarters, Camp Kurrachee,
25tk April 1846.
1. The Police have no jurisdiction within Cantonments, but are, if they see
anything going wrong, to arrest the ill-doer even
The jurisdiction of the Police there
in Cantonments regulated. ' ,
2. In that case, they bring him, not before
their own Officer, but before the Bazaar Master.
3. Every one present, whether Civil or Military, is bound to assist the
Police on such occasions.
4. If offence is committed outside the bounds of the Cantonment, by
soldiers or camp followers, the Police are to take the offender before the
Lieutenant of Police, who is to take cognisance of the offence according
to his instructions. His jurisdiction extends to all offenders, and his
sendin°- such to the Military authority is unnecessary, unless the Officer of
Police should deem it advisable so to do ; and this, in ordinary cases, may be
the best way of dealing with offenders, and is recommended.
5. The Officer of Police should always report, through the Brigade Major,

8
to the Commandant ofthe Station, when any person belonging to the Canton
ments has been arrested ; but it is not necessary to do more, unless by a
special order by the Commandant in any particular case.
6. In the case reported, the Policemen are accused of beating their prisoner.
This must be inquired into, and if true, they are to be warned that, if it
happen again, serious notice will be taken, unless the conduct of the prisoner
warranted such a proceeding, by refusing to surrender himself a prisoner, and
defending himself against lawful arrest.
7. The above Order is based upon the principle, that the Police force is
held responsible for the security of society: to preserve tranquillity, it must
promptly seize and punish offenders.

No. 13.

Head Quarters, Camp Kurrachee,
20th April 1847.
There are men who go about with belts across their shoulders, and brass
badges : they pass themselves upon the poor people
Only Government servants to ^, , r, , , ......
wear belts. as government Peons, and do much mischief, —
robbing the people, — all which is laid upon the
Government. It is therefore ordered, that none but men in Government
employment are to wear these belts. Those of the Military Department are
to be red; those ofthe Civil Department to be blue.
Any man found with a belt over his shoulder, who is not in Government
employ, is to be taken up by the Police, and a report made to the Governor,
who is determined to prevent the tyranny which "has, in numerous cases, been
inflicted upon the people of Sind, especially by the peons of the contractors.

No. 14.

Head Quarters, Camp Kurrachee,
19th April 1847.
The Cantonment of Kurrachee is infested by vagabonds, who came with
. , , ., the troops from Bombay. The Police and Bazaar
Disposal of vagabonds and ta/t n
people without professions. Master are to arrest all such men as have no
ostensible means of earning their bread, and send
them back to the place from which they came to Sind. Those who do not
belong to Bombay, are to be put to work on the roads for a month, and then
liberated for three days, at the end of which time, if they do not find work,
they are to be again sent to the road gang. There are good wages and plenty

of work going on in Sind, and the Lieutenant General Governor will not
allow vagabonds to be loose on the public to rob industrious people.
This Order to apply to all the other stations in Sind.

No. 15.

Head Quarters, Camp Kurrachee,
UlkMay 1847.
His Excellency the Lieutenant General directs, that all persons passing
through, or halting at Wuttajee, are to show
Musjid at Wuttajee to be , , ;1 „ ..,,,
respected. respect to the Musjid there.
The walls of the building are not to be defaced ;
and no animals are, on any account, to be picketed inside.

No. 16.

Head Quarters, Camp Kurrachee,
30th September 1847.
The Order ofthe 4th August 1844, which enables Officers in Civil employ
ments to take any Command which falls to them,
Declaring the establishment . , , . , ,
of Civil Government in Sind. is hereby rescinded.
The Government is now a Civil, not a Military
Government, and all Officers holding Civil employment are to report direct to
the Secretary to the Government, for the information of the Commissioner.

PAET IL

THE ADMINISTRATION OE CIVIL JUSTICE.

12
PART IL

THE ADMINISTRATION OE CIVIL JUSTICE.

No. I.

1. Kardars have authority to try Civil Suits in which the amount in dispute
does not exceed Rupees 50; and, when especially
Judicial powers exercised by . ,. - , ¦ , .,
the different Officers in Sind. empowered, to dispose of cases in winch the
amount in dispute does not exceed Rupees 200.
2. The limitations to be observed are those laid down in Regulation V. of
1827, and Sir C. J. Napier's Proclamation. (N.B. — This is superseded by
Regulation V. in all cases, except those involving immovable property.)
3. During the absence of the Kardars from their head-quarter station, or
when a Kardarate becomes vacant, or the Kardar proceeds on leave, their First
Moonshee may dispose of cases up to Rupees 50, and in all suits the First
Moonshee may issue the Summons and take depositions during the Kardar's
absence on circuit.
4. Suits, excepting those regarding land or immovable property, in which
the amount in dispute does not exceed Rupees 10, are not open to appeal.
The appeal in other cases lies, first, to the Court of the Deputy Magistrate,
and from his decision to that of the Commissioner.
5. The Moonsiffs at Sudder stations try cases up to Rupees 1,000. The
appeals from these Officers' decisions lie, fit st, to the Court ofthe Magistrate
(but are disposed of generally by the Deputy Magistrate in charge of the
Adawlut), and finally to that of the Commissioner.
6. The Deputy Magistrates dispose of all other original cases, with an
appeal lying from their decision to the Court of the Magistrate, and from his
decision to that ofthe Commissioner.
7. The Magistrate's Court answers to that of the Judge, but is generally
one of appeal only, although he may, if he consider it necessary, try any
original suit instituted in. his Zillah. The Deputy Magistrate in charge of
Adawlut takes nearly all the judicial work off the Magistrate's hands, leaving
that Officer more at liberty to attend to his Revenue matters, as well as to the
general supervision of the Zillah.
8. The Deputy Magistrate in charge of Adawlut has power co-equal with
the Magistrate, but has no distinct jurisdiction,
His authority is very similar . . J
to thatof a Jcint Judge in India. ancb m consequence, disposes only of cases sent to
him by the Magistrate. In any original suit tried
by him, the first appeal lies to the Magistrate; the final one to the Commissioner.

13
9. The Commissioner's is the Court of final appeal ; he settles all points of
procedure, and generally exercises the power of the Court of Sudder Dewanee
Adawlut. 10. There is, beside these, a Court at each Sudder station, composed ofthe
Moonsiff and from three to five members of the Punchayet, whose attendance
is settled by rota. This Court tries cases up to Rupees 500, and from their
decisions in cases under Rupees 50 no appeal is allowed ; in others, it lies to
the Magistrate, whose decision, if agreeing with the lower Court, is final. It
is, however, optional to parties to go before this Court or not.

No. II.
The following fees are to be levied in the Civil Courts in Sind : —
1. On every original suit or appeal for
Fees for civil Suits and Ap- 20 Rupees and under  Rs. 1 0 0
peals, and for serving Summonses _ n .. . , _ „ „
and Warrants. tor every additional 5 Rupees or frac
tion of 5 Rupees  Annas 0 4 0
2. The fees for serving Summonses will be regulated according to
distance ; clear statements of the authorised rates should be placed in a
conspicuous part of each Court-room.
3. Fees to be levied for the service of Warrants are to be at the following
rates, provided the service be in the town in which the Court is held, or
one in which there is a Kardar's or Tuppadar's station : —
For sums under 50 Rs  2 Annas.
Above 50 but under 200 Rs  3 do.
Above 200 Rs  4 do.
4. For the service of Warrants issued by the Supreme Court of Bombay
or Courts out of the Province, a uniform fee of 8 Annas is to be levied.
5. Parties wishing to be furnished with copy of a decree of any Court,
shall pay a uniform fee of 8 Annas.
6. The above scales relate to cases in which the parties are Natives ;
when the service has to be made on Europeans, the following rates to be
charged : — Rs. a. p.
1 . For every service within one mile of the Court  1 0 0
2. For do. do. two miles do.  1 8 0
3. For every extra mile  0 8 0
4. For service at Clifton  2 8 0
5. For do. at Ghizree  3 0 0
6. For do. at Keamaree  3 0 0
7. For do. at Manora or Harbour  4 0 0
8. For do. in the Roadstead  6 0 0
9. For do. at Jemadar-ka-Landie  10 0 0

14
7, All these fees are, in the first instance, to be levied from the party mak
ing the application, and are afterwards to be included in the costs ofthe suit-
8. The above fees, with the exception of the 5 per cent., which is credited
to Government, are to be paid into Court, and not credited to Government.
From the Fund so formed, the salaries of Extra Moonshees, Peons, and similar
charges, are to be defrayed.
9. The accounts of these receipts are to be kept in each Court, and a
monthly Return of Receipts and Disbursements by Kardars and Moonsiffs
should be sent to the Deputy Magistrate, who will forward a half-yearly
Return of their own as well as those of the District Officers, for the information
of the Magistrate, by whom a yearly Report, showing the total receipts and
expenditure of each Court, shall be forwarded to the Commissioner.

No. III.

The following Rules are laid down for the guidance of all Officers in the dis
posal of Civil Suits and Appeals : —
1. The powers to be exercised by the different
Powers of Courts. grades of Officers will be found at page 12.
2. In original suits, the plaint, which must be
institution of Suits. signed by plaintiff or his authorised Vakeel or
Vide Reg. ill. of 1827, Sec. Agent, being received by the Officer, notice
in., and Reg. iv. of 1827. should be served on the defendant, requiring him
to appear on a certain day, to be regulated according to circumstances, but
always as soon as possible ; and the plaint being then shown him, and he,
having taken a copy, should be required to attend with his answer and
witnesses the next day, or as soon after as possible, on which date also the
plaintiff should be summoned to appear with his proofs and witnesses. The
parties being then present, the Court should read the plaint and reply, and
take the examinations of both parties on affirmation, in explanation of their
pleadings, and then record the issues for trial.
3. Written replies and rejoinders should not be allowed as a general rule,
Written Replies and Rejoinders the examinations by the Court being sufficient ;
not to be generally allowed. but in very important or intricate cases, the Court
may allow them to be filed.
4. The issues being defined and recorded by the Court, proofs shall be
Definition of issues, and the at once taken and witnesses examined, and the
passing of the Decree. decree written and signed at once in the presence
of the parties.
5. The official record shall always be the notes of the presiding Officer
written, as far as possible, by himself. If the lan-
Language of Record. , . ... _„ , „. ,
guage or the presiding Officer be not Sindee, a

15
translation of his decree shall be made into that language, and signed by
him. The limit for appeal to the higher Court should be endorsed at the
foot of the decree.
A memorandum in the following form is then to be added : —
Original suit filed in the Court of the of on the
of 18
Original suit decided on the of 18
Total course days.
6. The above Rules, however, shall not prevent the Officer from at once
settling the case, if both parties should happen to
Cases may be settled at once. , . ,. ... . .. „ ...
be in Court, and the case admits of a settlement
on the mere statements ofthe parties.
7. In cases in which an adjournment may be necessary, the Vernacular
proceedings should show it, together with the
Adjournments to be recorded. r -.
J reasons for it.
Forms, l. 8. Forms for English and Vernacular proceed
ings and decrees are attached.
9. Simple debts forming the subject of the great majority of suits in the
_ „ Province, a form of plaint is also attached for
such claims, as also for other simple cases ; parties
seeking redress in the Courts should be advised to adopt them.
10. When the suit is filed on a bond, the original document, and when
on a running account a copy of the page ofthe
Documents which forms sub- account book, must be appended to the plaint ;
iectof Plaint or Reply to be filed ... . A ,rr , \
therewith. ar>d « any receipt or other document is given in
the defence, it must be appended to the answer.
11. All pleadings should be as short as possible, and when lengthy,
verbose documents are offered, they should be
All Pleadings to be short. .... . , , >
returned, and directions given tor a short plea,
containing a simple answer to the claim.
12. Punchayets, although advisable in many cases, are not to be consider
ed absolutely necessary in all cases, as appears to
Punchayets when to be em- i ,i i ¦ • i_ t • ¦ i ¦ i_
plover be the general opinion ; but in any case in which
the parties agree to such a course, the deed of
arbitration should be in the annexed form, and the decision of the Punchayet
should be considered final.
13. When the parties decline to appoint arbitrators, the Court should
decide the matter personally or by associating;
Assessors with itself two or more assessors, whose opinion
on the point put to them, with their reasons for it, should be, as also the ques
tion referred, in writing ; and the Court, if it should not adopt the view taken
by the assessors, must state its reason for so differing.

16
14. The Vernacular proceedings should be the same in all Courts; but the
notes which the trying authority writes himselfj
Vernacular Proceedings to be , ., . -pi ,. , ,1 it 1 mi i
alike in all Courts. whether in Jinglish or the Vernacular, will be con
sidered the formal record of the Court. All these
papers should be placed in the case.
15. The parties to the suit should always be allowed in Court while the
, „ case is going on, with as many of their friends as
Publicity in disposal of cases. ., ° , _ . ,. . . „
may wish to attend. Publicity in all matters, but
more especially in civil suits, is of the greatest possible advantage to the
Court and all persons concerned ; and where the Courts are held in Govern
ment Cutcherries, no obstacle to the free admission of the general public
should be allowed.
16. Should the decree not be appealed against, or should it be assented to
Execution to follow on appli- b? defendant, execution should follow as soon as
cation. prayed for by the plaintiff; as in all cases the
Court has the power to award instalments, there should be little or no delay
in the execution of the decree.
17. By the Regulation noted below,* upon the receipt of an application
for appeal against the decision of the lower Court,
Inquiry to be made previous as a COpy 0f the lower Court's decree always ac-
to admitting Appeals. . . , . J
companies the petition, the Appellate Court should
consider whether there is on the face ofthe application, prima, facie, sufficient
grounds for appeal. If, as is often the case, the petition states no grounds
whatever for appealing, or if they are such as are clearly answered and dis
posed of by the decree appealed against, the application should be rejected,
with an endorsement, of which a copy should be given to the petitioner,
stating the reasons for disallowing the appeal.
18. In the event of a petition for appeal containing allegations of such a
nature that a copy of the decree of the lower
Proceedings may be called Court does not enable the Appellate Court to
for perusal. , . r r
decide at once upon the admissibility of the ap
peal, the Court should call for the proceedings, and after a perusal thereof,
reject or admit the appeal, as shall seem necessary, recording, as before
directed, its reasons if the appeal be disallowed.
19. In the event of an appeal being admitted, the 5 per cent, fee shall be
levied, but no fee shall be received until the
Fee to be levied on Appeal. n  , i , ... . ., ,
rh Court has admitted the appeal.
Order for rejection open to 20' Any order ejecting an appeal is, of course,
appeal. open to revision by the immediate superior
Court.f
«.*•?!?• I7'„°f 1897' SeCti°D LXXVI--"If, on any account, the application to appeal is rejected,
the Judge shall cause an entry to be made on the minutes ofthe proceedings, ofthe reasons for
rejecting it, and, if applied to, lie shall furnish the petitioner with an authenticated copy of the
petition, and ofthe entry so made." ' J
t Sec. XCVII. of Reg. IV. of 1827.

17
21. When an appeal is admitted, the same course as laid down in paras,
2, 3, and 4 should be followed ; as in many cases
Trial of Appeal. the ,]ope of deky ;n the execution 0f tne decree
leads parties to appeal, the best remedy to check any abuse of the privilege
is to decide the appeal as early as possible.
22. On the appeal coming on for hearing, the Court is to record the
„ . , . . . . questions for decision, as in the original suit ; and
Points at issue on appeal to n .
arise from the Appellant's these questions are to arise from the appellant's
petition, and not from the Court's own appreciation
of the lower Court's decree.
23. The Court should be particular in not enlisting itself on the side of the
appellant, as is too frequently the case. It is not
The Appellate Court not to pick r .i_ /-. , . j • i i 1 • »i • ¦ i
holes in lower Court's Decree. 'ol' tne Court to try and pick a hole in the original
decree, but to hold it as binding, until the appel
lant is able to show some error in it. If therefore the appellant fails to show
cause for interference with the decree of the lower Court, it should at once be
confirmed, and, if necessary, the appellant fined for a vexatious petition.
24. Fresh evidence is not, as a rule, to be taken in appeal, or the witnesses
ofthe lower Court re-examined ; and in questions
Appeals. °r a in° V' e"ce m °f the value of the evidence recorded, it is well to
bear in mind that the Court before whom the
witnesses deposed must be the best judge of their credibility, from the manner
in which they give their testimony, and from other causes. When therefore the
lower Court has remarked that it places no confidence on a witness' evidence,
as, from the manner he deposed, or from some other reason, it was evident
lie was not speaking the truth, it is not for the Appellate Court, on a mere
perusal of the deposition, to decide that the witness did speak the truth.
25. On the decree being passed, execution
Execution of Decree in appeal. should be ordered as soon as prayed for, as
directed in para. 16.
26. The costs of all the Courts are to be regulated by the decree of the
Appellate Court, so that, when a decree is modified
Costs of Suits how regulated. jn a])peal> t,,e proportion 0f tne costs which follow
such modification are to affect those of the lower Court, no matter how that
Court may have awarded the costs.
27. An endorsement, in the following form, is to be added to the foot of
each decree in appeal, in addition to that set forth in para. 5 : —
Appeal admitted on the of 18 , decided on the
of 18

Total course, days 
Do. in lower Court . . .
Total.

18
28. All exhibits must be numbered, and a list of all the exhibits attached
to the case. This affords great facility for refer-
All Exhibits to be numbered. ence> an(j 0ften prevents the abstraction of a paper
v\ithout detection.
29. As applications are often made to attach property previous to the
case being decided, the particular attention of all
Applications for Attachment Officers is directed to the Regulation as per mar-
before Judgment. . , ¦ , 1 n
Sects. VII.andVIII.Reg.IV. g1" » and they al'e deSlred t0 be Ve'T Ca,efuI not
of 1827. to grant such applications which are open to great
abuse, unless they are sure that the course of
justice will otherwise be frustrated.
30. With regard to applications for raising the attachments placed on
property in execution of a decree, the attention
Suits to raise the Attachment. of 0fficers is requested to the fact, that all parties,
having a right or interest in property attached in execution of a decree, must,
within 15 days from the date of the Proclamation required by Clause 2
Sec. LXVI. Reg. IV. A.D. 1827, urge their claims, or undertake to file their
suits, or else they will be debarred from the benefits of the Regulation, no
further delay of the sale being allowable.
31. When a sale is, for any cause, once postponed, it shall not again take
place, until after a fresh notification of the time
to begiven? *'*' *"* "^ and Place has been Publicly made i but this second
notice must not be in the form of a Proclamation,
as in the first instance, but should merely be a notice recapitulating that the
sale which had formerly been proclaimed to take place at such a -time and
place, but which had, for certain causes, been postponed, would, now that
these obstructions were removed, take place on such a day. The day should
be fixed at sufficient distance, as to time, to enable purchasers to get due notice
of the auction ; and this sale is not to be put off at the application of claimants
to the property, whose time for objection or asserting their claims is past.
32. In cases where no instalments are mentioned in the decree, the party
Instalments to be applied for agg»eved should make a petition to the Court
to the Court executing the De- who passed the original decree, requesting that
instalments may be allowed, the reply to such
petition being open to revision by the Supreme Court, as in ordinary cases.

19
FORM I.
(As alluded to in paragraph 8.)
Journal of Civil Suit.
Civil Court of the Kardar of Sukkur.
Doolamull wulud Veroomull, Plaintiff,
versus
Ragoodass wulud Jusseeeam, Defendant.
Rs. 35-12-0.
(I.) Plaint filed.
(II.) Summons served on defendant for 22nd instant. Defendant appeared ;
took a copy of plaint ; ordered him to appear with
S JanuTry \m. his reply and witnesses on 24th instant ; and (III.)
summoned Plaintiff to appear on that day with his
witnesses.
Received Defendant's reply (IV.)
Both parties present : (IV.) took deposition of Plaintiff; (VI.) ditto of De
fendant. Defined issues to be as follows : —
24th January 1859. i. Did Defendant repay Plaintiff ten Rupees
through Pummunmull ?
2. Should interest be charged at 24 per cent, as claimed ?
On 1st point examined witnesses produced by Defendant, (VII.) Pummun
mull and (VIII.) DassoomuU ; and on behalf of Plaintiff, (IX.) Mahomed Shah.
On the 2nd point no evidence is required.
Passed decree (X.) in favour of Plaintiff, costs in proportion as per decree.
(Signed) Abdoola Khan, Kardar.
24th January 1859.
Copy of a decree given to Plaintiff on 25th, and to Defendant on 26th
January.

(Signed) Abdoola Khan,

Kardar.

20
Form of Decree.

Court of tke Kardar of Sukkur,
24th January 1859.
Dooi.amull wulud Veroomull, Plaintiff,
versus
Ragoodass wulud Jusseeram, Defendant.
Rs. 35-12-0.
The parties are present in Court.
Doolamull sues Ragoodass for the sum of Rupees 30, principal on a note of
hand passed by him, dated 3rd May 1858, cor-
./orms- „ responding with 7th Runizan 1274, and Rs. 5-12-0
vide para. 8. ' &
interest; total Rs. 35-12-0.
Ragoodass acknowledges the bond, but pleads having paid ten Rupees to
Doolamull through Puiuniunmull, and objects to being charged interest at
the rate of 24 per cent.
From the examination of Doolamull (No. VI.), it appears he denies receiving
the ten Rupees, and urges the rate of interest as being general for such loans.
The issues are —
1. Did Ragoodass pay Doolamull the ten Rupees through PummunmuU?
2. Should interest be charged at 24 per cent. ?
The Kardar is of opinion that Ragoodass did pay ten Rupees through Pum
munmuU, and that the interest should not be charged at 24 per cent., but at 9
per cent.
From the evidence of PummunmuU (No.VIL), it appearsthathe owed Ragoo
dass ten Rupees, and paid it at his request to Doolamull ; lie produced his book,
and showed the entry under date. DassoomuU (No. VIII.), who was present
when Ragoodass asked PummunmuU to pay it, so far confirms his testimony;
while Mahomed Shah (No. IX.,) who was called by Doolamull to testify
that PummunmuU paid the ten Rupees on his own account, and not Ragoo
dass', entirely fails to do so. He says he saw PummunmuU pay ten Rupees to
Doolamull, but cannot tell on what account.
With regard to the rate of interest, as none is mentioned in the bond, the
Kardar awards the rate usually charged by merchants, &c, — 9 per cent.
An award therefore is passed in favour of Doolamull for Rs. 20 principal,
and Rs. 4-2-0 interest ; total Rs. 24-2-0, with costs in proportion.

21
Statement of Costs.
TobepaidhyDoolamullonRs.il 10 0  Rs. 0 9 4
„ „ Ragoodass on Rs. 24 2 0  „ 1 3 7
^Xotal fees on  Rs. 35 12 0  Rs 1 12 7
(Signed) Abdoola Khan,
Kardar.
Original suit filed in the Court ofthe Kardar on the 20th of January 1859.
Original suit decided on the 24th of January 1859.
Total course, days 5.
FORM 2.
(As alluded to in paragraph 9.)
Forms of Plaint.
In the Court of the of
I son of ofthe village of Talooka do hereby claim
from son of ofthe village of Talooka the sum of Ru
pees *as principal, and Rupees as interest ; total Rupees
due fon a bond dated the of 18 passed by son of
I file the original liond herewith. (Signed) Plaintiff.
* Or, as damages for injury sustained by my character and reputation,
owing to the said son of having falsely and libellously stated that, &c.
¦f Or, due on a running account closed up to the of 185 , a copy
of which I hereto attach.

No. IV.
FEES TO CAZEES.
With the view of regulating the references which are frequently made in
Judicial proceedings to the Cazee, and for providing remuneration for those
Officers in such cases, the following Rules are to be adopted in future : —
2. In any Civil suit, before whatever authority depending, when both parties
are willing to refer to the Cazee, the case may be referred for his decision,
which will be final, and without appeal.
3. Before the reference is made, both parties shall sign a formal acknow
ledgment that they are ready to abide by the
See Form appended. Cazee's decision, whatever it may be ; and the
authority before whom the suit is depending must
satisfy himself, before countersigning this document, that both parties fully
understand and are content to abide by the conditions of the reference.

22
4. The Cazee shall lake such oral and other evidence as may be necessary ;
and he is empowerd to examine witnesses or the parties to the suit on solemn
affirmation, in the same way as other Judicial Officers. After hearing the
case, he shall draw up a "Futwa" or Decree, showing in detail the reasons for
his decision, and defining exactly what are the results of his enquiry, so as to
admit of the execution of his " Futwa " without further enquiry or reference.
5. No other record but this "Futwa" will be required. It should be drawn
out in triplicate — a copy shall be given by the Cazee to both the Plaintiff and
Defendant, and the third copy shall be transmitted to the Deputy Magistrate
in charge of the district, who will duly record it, and cause it to be executed
in precisely the same manner as the Decree of any Judicial Officer.
6. The Cazee shall receive one-half of the Government fee in any case
which he may decide under these rules ; the amount shall be paid by order ofthe
Deputy Magistrate, on receipt of the Cazee's Futwa.
7. Should either party be unwilling to refer to the Cazee, the case shall be
decided by the ordinary tribunals.
8. It is to be understood that nothing in these rules is to prevent a reference
to a Cazee upon a particular point of custom or Mahomedan Law; such refer
ences may be made as hitherto ; but the Cazee's reply shall be considered
merely as evidence in the case. Whenever a suit is referred for his decision,
the rules herein laid down must be adopted.
Form of Deed mentioned in para. 3.
We, the undersigned, being respectively the Plaintiff and Defendant in suit
No. on the File of now depending regarding
do hereby, of our own free will, consent
to refer the said matter to the decison of
Cazee of by whose decision we will abide without
appeal. (Signed) A. B., Defendant.
C. D., Plaintiff.
Given by the parties of their own free will before me.
(Signed) E. F., Depy. Magt.
Dated
A similar course is to be adopted when cases are referred, by consent of
parties, to Shastrees for disposal.
When the Court requires opinions from Shastrees on points of Hindoo law,
as these Officers are not Government servants as Cazees are, a fee not exceeding
one-fourth ofthe Government Fee may be disbursed to the Pundit giving the
opinion.

23

No. V.
RULES REGARDING THE ADMISSION AND PRACTICE OF
VAKEELS IN THE CIVIL COURTS IN SIND.
1. Any Barrister or Attorney at Law may practice in any Court in Sind,
subject, however, to the rules regarding the language of the Court in which
they appear.
2. Any person holding a Sunnud as Vakeel from the Sudder Dewanee
Adawlut may practice in any Court in Sind, without further examination, on
producing a security bond as required by Rule No. 6.
3. Any person other than a Barrister or Attorney at Law, or Vakeel quali
fied as above, who shall be desirous of practising as a Vakeel in the Court ofthe
Commissioner, or of any Magistrate, Judicial Deputy, or Deputy Magistrate
in Sirid, shall, previously to so practising, be required to produce a Sunnud from
the Commissioner in Sind, which will be granted after receiving a report of
the applicant's qualifications from a Committee appointed as hereafter mentioned
4. The Committee shall be composed of the —
1. Judicial Assistant to the Commissioner or Magistrate ofthe Zillah in
which the Committee assemble.
2. Judicial Deputy Magistrate of the Zillah.
3. And a Native Judicial Officer to be appointed by the Commissioner.
5. The Committee shall assemble yearly, or oftener if necessary, in each
Zillah, ut such times as the Commissioner may appoint.
0'. Each candidate for examination shall, 15 days previous to the exmination,
forward to the Judicial Deputy Magistrate, to be laid before the Committee, a
certificate of his respectability signed by two house-holders, who shall also
enter into a bond, according to the form hereto annexed, for the professional
good conduct ofthe parly, in case of his obtaining a Sunnud.
7. The Committee having satisfied themselves of the sufficiency of the
certificate and bond, shall examine the candidate as to his knowledge of the
course of civil procedure, as laid down in the Regulations and Acts in force in
the Courts of Sind.
8. The names of all persons found by the said Committee to be competent,
shall be reported by them to the Commissioner, who will thereupon issue to
each successful candidate a Sunnud giving authority to practice in any ofthe
Courts in the Province.
9. The fees of Vakeels shall be the same as in the Courts in the Bombay
Presidency, but shall be enforced as part of the costs of the suit in the Courts
ofthe Deputy Magistrate, Judicial Deputy Magistrate, or Magistrate and
Commissioner only. This rule shall not prevent any person from entering into

24
any private agreement with his Vakeel ; but such agreement, if in excess of
the regulated fees, shall not be enforced as part of the costs of the suit.
10. Any Vakeel convicted of fraud or gross misconduct in his professional
capacity, will be liable to have his Sunnud suspended or cancelled by the Com
missioner in Sind ; and he may be fined by that authority, the Magistrate,
Judicial Deputy, or Deputy Magistrate of the Zillah, to the extent of Rupees
200, recoverable from the securities in default of payment by the Vakeel.
1 1. Any such punishment shall not, however, protect the Vakeel from any
civil action or criminal prosecution to which his conduct may otherwise render
him liable.
12. Every Vakeel, previous to being heard in any case, shall present a
Vakeelutnama executed by his client, which shall be duly filed amongst the
papers in the suit.
13. Any Vakeel punished under Clause 10 of these rules, may appeal to
the Commissioner in Sind, whose decision will be final.
14. No Vakeel shall be at liberty, after having conducted the case of one
party to a suit, to undertake the case of the opposite party, even though it be
in a different Court, and his original client declines his services.
The above Rules are applicable to Civil Courts only. By Regulation XIII.
of 1827, Section XXXVIII. , any person may appear as Vakeel on behalf of a
prisoner in a Criminal Court.
Form of Security Bond, as required in paragraph 6.
Whereas A. B. [insert name, religion, caste, profession, and residence]
has been called upon to furnish security for his good conduct as a Vakeel,
therefore We [insert names, religions, castes, professions, and residences] do
hereby become Sureties for his the said A. B.'sgood conduct, and do jointly
and severally bind ourselves to the Government in the sum of Rupees Two
Hundred (200) to be levied on our lands, goods, or any other of our property
whatsoever, movable or immovable, in the event of the said A. B. being
convicted before any competent Court of fraud or gross neglect or other mis
conduct in his capacity of Vakeel, and not paying any fine which may be
imposed upon him as a punishment for such offence.
Witness our hands this day of 1854.
C. D.
E. F.
Before me,G. H.,
Judicial Deputy Magistrate.

25

No. VI.
RELIEF OF INSOLVENT DEBTORS.
The following Rules, regarding prisoners confined for debt, and for the relief
of insolvent debtors in Sind, are issued for the information and guidance
of the Magistrates of Sind and their Deputies : —
1. From the date of this Circular, no person shall be confined for debt in
any Jail, except under an order signed by a Collector or Magistrate, or by a
Deputy Collector or Deputy Magistrate, or by a Moonsiff.
2. Such an order will be in the form annexed, and the Officer in charge of
the Jail shall be responsible for its execution, provided the information required
under each head be clear and explicit ; and if there are any deficiencies there
in, he shall return it for amendment, with the debtor, to the Officer by whom
the debtor was committed.
3. When a debtor, against whom a decree has been given, is committed
to prison at the instance of a creditor, the com-
Recrause°i. IV' °fl827' S6Ct' 63 milting authority shall fix whatever monthly allow
ance he may think sufficient for the debtors' sub
sistence, not being less than one anna, nor more than four annas per diem, which
shall be paid into the Court by the creditor, by monthly payments in advance,
on or before the 1st of each month, the first payment being made on the date
of imprisonment for such portion of the current month as remains unexpired.
4. A debtor in confinement will be released at any time on full payment of
„ . „ the amount which may have been decreed against
him, or on the surrender of all property, or at the
instance of the confining creditor, or on such creditor's omitting to pay the
allowance, as above directed, for the space of 48 hours after it has become due,
to commence from the closing of the Court on the day on which payment
became due. The debtor will, moreover, be entitled to release under the rules
detailed below.
5. Sums disbursed by a plaintiff for the subsistence of a defendant in pri-
s t 63 ci 3 son s'ia" be added to the decree, and shall be
recoverable from the debtor's property, under the
ordinary rules; but the defendant shall not be detained in custody or arrested
on account of such disbursements.
6. In all cases when the debtor is discharged from confinement, notice of
his discharge shall at once be given, by the Officer in charge ofthe Jail, to
the committing authority.
7. When a prisoner has been confined for debt, whether to Government or
any private individual, for a period of six months, the Officer in charge of the
Jail shall forward him to the Magistrate of the Zillah, together with the
Warrant on which he is detained.
i

26
8. The Magistrate shall then send for the proceedings in the case, and
summon the creditor at whose instance the debtor is detained.
9. When the debtor is detained on account of a debt due to Government,
the Magistrate shall require from the Officer by whom the debtor was commit
ted his minute of proceedings in the case, the summing up of which should
always be in English, and also a statement showing any reasons he may have
to allege why the debtor should be further detained.
10. On receipt of such statement, or, where the creditor is a private indi
vidual, on appearance of the creditor, the Magistrate shall proceed, in the
creditor's presence, and in open Court, to examine the debtor as to his means
of paying the claim against him ; and the Magistrate shall further examine any
documents or witnesses bearing on the same subject, which either debtor or
creditor may produce, or which he may himself call for as necessary to eluci
date the case. After inquiry, the Warrant will be returned to the Officer in
charge ofthe Jail, with the Magistrate's order endorsed thereon.
11. The Magistrate shall not examine into the merits of any claim. He
shall merely satisfy himself that the order for committing the debtor to prison
is definite, and within the limits assigned by the rules laid down, and that it is
issued by competent authority, and shall inform the debtor that anything he
may have to urge against such order may be stated in the way of appeal
against the decree on which the order was consequent, which appeal must be
regularly made to the Court of superior jurisdiction.
12. If the Magistrate is satisfied that the debtor has given up all his
property, and that there was nothing fraudulent, nor wilfully careless which
caused his inability to pay, he may make an order for his release, accom
panied by such order as he may think fit for the payment of the debt, in
whole or in part, from the property or income of the debtor.
13. The Magistrate may, in doubtful cases, defer granting an order to
release for any period not exceeding (3) three years from the date of imprison
ment ; and he may further direct, under the following clause, additional
imprisonment, not exceeding (3) three years.
14. If the Magistrate finds that the debtor has concealed or made away
with his property, or that the cause of his inability to pay was in any way
attributable to fraud or wilful carelessness on the debtor's part, he may com
mit such debtor to the Criminal Jail without hard labour, for any period not
exceeding (3) three years. This imprisonment shall be ordered under a
separate Warrant, and in this case the debtor's subsistence shall be paid by
Government, the same as in the case of ordinary prisoners.
15. With the above-mentioned exception, no debtor shall be confined in
prison for debt for a longer period than (3) three years ; and whenever such
term of imprisonment shall amount to (3) three years, the Officer in charge of
the Jail shall report the circumstance to the Magistrate, who shall thereupon
make an order for his release, unless there be a Warrant for fraud under

27
Section 14. In failure of the Magistrate doing so, the case shall be reported by
the Officer in charge of the Jail to his immediate superior, for the information
ofthe Commissioner.
16. It shall rest with the Magistrate, after taking into consideration the
circumstances which led to the debt being incurred, &c, whether an order shall
be passed relieving the debtor's future property and income, wholly or in
part, from any subsequent liability on account of the debt.
17. When more than one creditor appears against a debtor, the claims
of all creditors shall be considered and dispensed of simultaneously ; and
any imprisonment consequent thereon will be subject to the above limi
tation. 18. No person who has once been discharged shall be liable to be impri
soned a second time on account ofthe same debt.
19. Any insolvent debtor may, by Petition to a Magistrate, pray to have
the above rules made applicable to himself.
20. Such Petition shall have appended to it a Schedule, stating the whole
of the insolvent's liabilities, as far as they are known to the insolvent, and
showing when and how they were incurred, with the names and residences of
each of his creditors, specifying also his assets or other means of payment.
21. On receipt of such Petition and Schedule, the Magistrate shall cause
the insolvent to verify the same on affirmation, and shall also cause reasonable
notice to be given to each of the creditors to appear on a given day, which he
shall appoint for hearing the Petition. He shall also cause a Proclamation to
be put up in his Court, and that of the Moonsiff or Kardar, calling on all
creditors ofthe petitioning insolvent to appear and prove their claims.
22. He shall then, on the day appointed, go over the Petition and
Schedule in the presence of the insolvent and of his creditors, and shall correct
such Schedule as far as the statement of both parties may enable him to do so.
23. The inquiry may be from time to time adjourned, to admit of reference
to arbitration, or of inquiries into specified points, and may, at any time, be
suspended for a given period, on the petition of either party, in order to admit
of any disputed point being regularly tried by Civil suits, in the ordinary
manner ; and the Court may grant the insolvent protection from arrest during
such periods.
24. Whenever the Magistrate is satisfied that the insolvent's Schedule is
as perfect as it is practicable to make it, he shall proceed to dispose of the
case in the spirit of Clauses 12 to 18 of the above Rules.
25. In all such cases, the usual amount of fee payable in Civil Suits shall
be paid to Government from any insolvents' property, before any payment
therefrom is made to his creditors.
26. It shall be competent to the Magistrate to delegate, in writing, to any
one of his Deputies, any of the powers or duties devolving on the Magistrate
under the above Rules.

28
27. Persons guilty of frivolous and vexatious applications shall be liable
to fine under Regulation IV. of 1827, Sections 53 and 99.
28. Whenever the debtor is sent either to the Civil or Criminal Jail as a
Fraudulent Bankrupt, his subsistence should be paid by the Government and
not by the detaining creditor.
29. The friends of all Civil debtors may be allowed access to them at any
lime during the day, under such precautions for their safe custody as the
Officer in charge of the Jail may consider necessary.

WARRANT.
To the Officer in Charge of the Jail at
You are hereby required to receive charge of the undermentioned debtor,
and dispose of him according to the decision of which an Abstract is given
below ; —

Name.

a: at
° <a
~ a
P c

Debt.

Amount of

Es. a

MO

Remarks.

Court of -
at- 

This-

-of—

-185

Filed No.
(Signed) C. D.,
Lieutenant of Police.

(Signed) A. B., Magistrate.

No. VII.
REGISTRATION OF DEEDS.
The following Rules are laid down regarding the Registration of Deeds
in Sind : —
1. There shall be an office for the registry of deeds at the Kutcherry of
all Kardars.
2. The Magistrate or the Deputy Magistrate in charge of the district,
shall be the Superintending Registrar of Deeds, and he shall have a Cazee in
each Kardarate to assist him.
3. The Cazee shall be provided with an office in the Kardar's Dhera, or

29
other convenient place, where he shall conduct all his official duties, and keep
all his official books. He shall use a seal, one inch in diameter, bearing the
inscription in Sindhi and in English — " The seal ofthe Cazee of  ."
4. The Cazee shall keep a Register in the form contained in Appendix A.
, Each leaf of the Register shall have the seal of the Magistrate, or the
Deputy Magistrate, affixed to it, and shall be paged with its number in figures,
and in writing; and the Superintending Registrar shall note, in his own hand
writing, on the first and last page of such book, the number of pages contained
in it, and attest the note with his signature.
5. This Register shall be for the registry of all sunnuds, deeds of sale,
gift, devise, mortgage, or transfer of lands, of houses, of offices, or of other
immovable and movable property ; of such decrees of Court as it may be
desirable to register, and of awards of arbitrators ; of all wills, contracts, bonds,
and leases; deeds of marriage settlement, divorce, and adoption; of release or
discharge of mortgages, or other incumbrances affecting the same; and in
general of all other deeds, writings, and obligations, both for immovable and
movable property situated within the Kardarate.
6. A double index to the Register shall be kept at the end of each volume,
— one index referring to the names of all parties to deeds (Namwar), the other
referring to the names of all towns or villages (Mouzawar or Dehwar) in
which the property or other subject of the deed may be situated. With refer
ence to the pages of the Register, vide Appendix B.
7. The deeds and writings presented for registry, whatever may be their
dialect or character, shall be then accurately copied at full length into the
Register, in the order in which they are presented, and the copies shall be
carefully compared and attested by the Cazee.
8. The original deed or other writing, after being registered, shall be
returned to the owner or person who presented it, who shall sign a receipt for
it on the margin of the Book of Register, the Cazee having first endorsed upon
the deed a certificate under his seal and signature, in the form contained in
Appendix C. ; such certificate to be held in all Courts of Justice as sufficient
prima facie evidence of Registry.
9. The registration of all deeds of sale, or mortgage of lands, houses, or
other immovable property, as also of all deeds of division among families
(Fakuttees), shall be compulsory ; i.e. no Government Officer or Court should
receive or act in any way upon an unregistered bond of this nature.
10. All divorces shall be registered, and no other proof of divorce allowed
by any Court or Government Officer, except an authenticated copy of the
registered deed.
II. The registration of all other documents may be optional; but in cases
where registered and unregistered documents are produced together in Court,
the former shall be acted on in preference to the latter, even although of more
recent date.

30
12. In the case of all the documents mentioned in Rules 9 and 10, such
registration shall be obligatory within 30 days after the passing of the deed ;
and if it should not be presented until after 30 days, but within 60 days,
double fees shall he levied, and so on, an additional rate of fee being levied for
every additional 30 days which may elapse between the date of execution and
that of the registration, until 180 days have expired ; after which, no deed shall
be registered without special permission of the Deputy Magistrate, who, before
granting permission, shall satisfy himself, after careful inquiry as to the genu
ineness of the deed, of the absence of any fradulent motive for non-registration,
and the sufficiency of the reasons which may be assigned.
13. The fees for registration of all deeds and other writings shall be in
accordance with the rates fixed in Appendix D.
14. The Cazee shall be authorised to levy all fees, and shall enter them
in a "Day Book,"* which shall be regularly balanced at the close of each day
upon which he may have received any fees. The whole of these fees shall be
received by the Cazee when they do not exceed Rupees (15) fifteen per
mensem. When the amount of fees in any year exceeds this rate, the
Government is to be credited with half the annual surplus, and the remaining
half shall go to the Cazee.
15. It appears to be a common practice in Sind that, when parties wish
to draw up a deed, they go before the Cazee with their witnesses; the Cazee
draws up the deed, and also a duplicate copy of it, and obtains original signa
tures upon both. This practice might with benefit be encouraged, the
duplicate being the one mentioned in this Circular, and would be made in the
register, and bear original signatures upon it. This practice, though it may be
encouraged, is not to be enforced as an imperative rule.
16. All Magistrates and Deputy Magistrates, as Superintending Registrars,
when on their tours through their districts, are enjoined to examine the Regis
ters and Books of Account of the Cazees ; to listen to all complaints made
against them ; to make such inquiries and to pass such orders as may be
necessary ; and generally to exercise such a supervision over them as to ensure
a correct, faithful, and uniform system of registration.
17. Upon a vacancy occurring, the Magistrate shall forward to the Com
missioner the name of the person he recommends to succeed as Cazee, taking
care to select the most competent, popular, and, in other respects, best qualified
Cazee in the neighbourhood. On the nominee being approved, the Magistrate
will issue to him a Sunnud after the form in Appendix E.
* To be kept in the same form as a Kardar's Day Book.

31

APPENDIX A.

Form for the Register.
The Register of Deeds and Writings in the Kardarate of
in the Zillah for the year

Deed of Sale.
By Sahib Khan Lugharee.
To Hajee Hoossein, Borah.
In Kardarate of
In Village of
House and 10 beegas of garden-land.
Presented for J j. .
Registry. . i

Page fifty -four (54).
[Copy of the Deed at full length.]
A true copy.
(Signed) By the Cazee.

Will.
Of Fatima Begum.
In Kardarate of
In Village of
50 Beegas of land with dwelling-house and
tiled-shed. Presented for 7 ri„ .
t> ¦ , > Date
Registry. . 5

Page seventy-two (72).
[Copy ofthe Will at full length.]
A true copy.
(Signed) By the Cazee.

Deed of Partnership.
Trade, in Grain ; Assoo Mull, and Haroo Mull.
Presented for 1 t, ,
Registry../ Date

Page fourteen (14).
[Copy of the Deed at full length.]
A true copy.
(Signed) By the Cazee.

Lease of House.
Belonging to Moorad Khan, Patan.
In Kardarate of
In Village of
Presented for ) T)atp
Registry. . i

Page eighty-nine (89).
[Copy of the Lease at full length.]
A true copy.
(Signed) By the Cazee.

32
APPENDIX B.

Form of Indices to be kept at tke end of each Volume of tke Register.
1. Index of Names of Parties to Deeds ( Namwar).
A. Adam Alii  Page 54
Assoo Mull ....  „ 14

Alyar Jamedar  • 
B. Bowanee Mull  .-  <¦ .
Buchoo Meeah 
C. Cassim Ally 
Choota Sahib  

83 5
83 73
85

[Two pages or more, as required, to be assigned to each letter ofthe Alphabet.]
2. Index of Names of Towns or Villages ( Mouzawar or Dekwar).
A. Abad  Page 7

Allyar-ka-Tanda .
B. Bunna 
Beegum-ka-Poora.
C. Chinnee 
D. Deejee 
Dowlutpoor 

10
, 57
, 101 53 71
74

APPENDIX C.

Form of Certificate of Registration.

Seal.

" Registered on the page of the Volume of the Register
of Deeds and Writings kept for the Kardarate of in the Zillah
of for the year , having been presented at o'clock
of the day of of the said year.

(Signed) By the Cazee.

33

APPENDIX D.

A Table of Fees to be paid for tke Registration of Deeds and Writings in the
Register, for extracting Copies of Writings registered, and for search in
tke Register.
For registering all writings relating to immovable and moveable property,
of which the value is fixed and definite, not exceeding Rs. 25, a fee of 4 Annas,
Not exceeding  „ 50 „ 8 „
Ditto  „ 75 ,, 12 ,,
Ditto  ,,100 „ 1 Rupee,
and 8 Annas for every additionl 50 Rupees, or fraction thereof, up to Rs. 500 ;
after that, 4 Annas for every additional 100 Rupees.
For all other writings relating to property, of which the value is not fixed,
such as Deeds of Marriage, Divorce, &c  8 Annas.
For every Farkutee, or deed of settlement, either between
partners in business or the members of a family  2 Rupees.
For every attested copy of any deed  8 Annas.
For every search in every two years' Registers  1 Rupee.

APPENDIX E.

Form of Sunnud for a Cazee.
I, Magistrate of believing you
son of inhabitant of to be a competent and well-
fitted person, do hereby appoint you to the office of Cazee, in the Kardarate of
in the Zillah of . You will not be liable
to be removed from this, your office, while you discharge your duty with
zeal, integrity, and efficiency, under the Rules which now are, or hereafter may
be in force. (Signed) A. B.,
Date, &c. Magistrate.

34

No. VIII.
ON THE SUBJECT OF MORTGAGES.
Extract from Letter, No. 776 of \st June 1859, to the address of
the Collector of Kurrachee.
1. The question raised is, whether, the period set out in the mortgage bond
being expired, the Syud can redeem his lands ?
2. This involves a consideration of the general principles of the law
regarding mortgages. The bond in this case runs in the usual strict terms,
viz. that, if the money is not repaid by a certain date, then the lands become
Vishundass' (the mortgagee's) of right.
3. Regulation V. of 1 827, Section XV. Clause 3, shows that it was intended
that a suit should be brought to foreclose a mortgage, and that no mortgage
should be foreclosed without a judicial decree. This is in accordance with the
law in England. The suit then, once filed, will be disposed of according to the
law or equity applying to the question, and for this, it is necessary to look to
the principles which hold in the English Courts, no Indian Regulation or Act
appearing to meet the point.
4. In the English Courts, cases of mortgage are looked upon as trusts ; in
other words, the property mortgaged is considered as placed in trust with the
mortgagee, and at any period he is liable to be called upon to give an account
thereof. 5. According to the strict letter of a mortgage bond, it would often happen
that a mortgagor might forfeit his inheritance, and compromise the rights of
third parties, in consequence of accidental disabilities which it might be out of
his power to foresee or prevent. To prevent such serious results of accident or
carelessness, it has, since the earliest times, been the usage in England to
follow the old Roman law, and, in spite of the strict terms of the mortgage
bond, to afford the mortgagor what is called " the equity of redemption" at
any period within a "reasonable time," and thus allow him, on payment ofthe
debt and of all equitable charges, to regain the property he had placed in
mortgage. 6. This must therefore be the rule in cases of mortgage in this Province.

35
7. In the present case, it does not appear that either party has come into
Court on the question of the foreclosure of the
xv^aus^s V' °n827' SeCtl°n mortgage 5 if therefore they cannot come to terms
between themselves, the Syud's (the mortgagor's)
course is, in accordance with the Regulation above quoted, to tender payment ;
and if the offer be not accepted, to file a suit and compel Vishundass (the
mortgagee) to surrender the land, on payment of the amount which may be
found due to him.

PART III.

THE ADMINISTRATION OE CRIMINAL JUSTICE
IN SIND.

39

PART III,

THE ADMINISTRATION OF CRIMINAL JUSTICE
IN SIND.

No. I.
CRIMINAL POWERS EXERCISED BY JUDICIAL
OFFICERS IN SIND.
Kardars.
These officers have powers ' simple' and ' extended.'
The Judicial powers exercised The ' simple powers' enable them to dispose of
bv the various Magisterial Offi- . #. ,. •
cers in Sind. the following cases :—
\st, — Simple thefts, where the value of the property stolen does not
exceed Rupees fifty (50), and in the commission of which there
has been no personal violence used, nor other aggravating cir
cumstances.
2nd. — Abuse and slander.
3rd. — Assault, unattended by wounding or other aggravation.
4tk. — Resistance to public officers in the discharge of their duty.
5th. — Use of false weights and measures.
6th. — Injury to property, either done wilfully or by stray cattle, or other
effect of neglect, provided the damage does not exceed Rs. fifty (50).
7th. — Petty frauds, within the same limits,
8^. — Petty disputes between masters and servants.
Qth. — Petty trespasses, by transgression of boundaries or diversion of
watercourses, &c.
And to pass the following sentences: —
1st, — Fine to the extent of Rupees fifteen (15), which, in cases of theft,
abuse, slander, injury to property, assault, fraud, or trespass,
may be made over wholly or in part to the injured party.
2nd.— Imprisonment, with or without labour, for twenty (20) days.

40
2. The extended powers authorise them to dis-
Extended powers. c c .. P ,. ,
pose ot cases ot the following nature : —
1^.— Theft.
2nd. — Cattle-stealing (unaggravated).
3rd. — Assault (unaggravated).
4tk. — Resistance to public officers in the execution of their duty.
5tk. — Use of false weights and measures.
6tk. — Wilful injury to property.
7tk. — Disputes between masters and servants.
8tk. — Fraud (unaggravated).
9th. — Selling poisonous or noxious drugs without a licence.
10th. — All nuisances declared penal under Act XXVI. of 1850 and Act
XXI. of 1841.
And to pass the following sentences : —
1st. — Imprisonment, with or without labour, for any period not exceeding
four (4) months.
2nd. — Fine not exceeding Rupees one hundred (100).
3rd. — Flogging not exceeding twenty-five (25) stripes.
3. When entrusted with extended powers, their proceedings are, during
the first year, subject to the confirmation of the
Proviso. j i j
Deputy Magistrate; after that period, the confir
mation will be unnecessary, and the cases will be simply open to revision on
the monthly returns or on appeal. (Vide page 59.)
4. Extra Assistant Magistrates have the same powers as a Deputy Magis-
t, , . . . , „, . . , trate exercises without con firmation ; i.e. up to one
Extra Assistant Magistrates. . » r
(1) year's imprisonment: but for the first year after
his appointment, all sentences in excess of four (4) months (or the extended
powers of a Kardar as laid down in paragraph 2) are subject to the confirmation
ofthe Deputy Magistrate underwhose orders the Extra Assistant may be placed-
5. The Deputy Magistrates have the full powers of a Magistrate in India,
Deputy Magistrates- and also of an Assistant Session Judge
Punishment not exceeding 1 year's impri- with extended powers:' the former they
sonment with labour fine, flogging not ex- exercise without confirmation (but their
ceeding 50 lashes, solitary confinement not .
exceeding 2 months, without confirmation; decisions are appealable to the Magis-
imprisonment with labour exceeding 1 year . ± \ i •¦ i .i in xi
and not exceeding 7, solitary confinement not trate) > wlllle' Under tlle latter» tlle
exceeding 6 months, with confirmation of the decisions are subject to the confirmation
Commissioner. c , n ¦ ¦
of the Commissioner.
6. The Deputy Magistrates in charge of Adawluts (generally termed
T .. . , _ . „ . . Judicial Deputy Magistrates) have, when specially
Judicial Deputy Magistrates. ' J = ' ' .
empowered, the same powers as the Magistrate,
being, in fact, Joint Session Judges; otherwise, their jurisdictions do not
exceed those of Deputy Magistrates.

41
7. The Magistrates have the full powers of a Magistrate in India, and also
Magistrates- of a Session Judge ; they can apprehend
Sentences not exceeding 7 years' imprison- and punish petty offenders, or dispose
^a2^KiSs3Se80-sa °f the m°st seri°us cases' after c°m-
t without confirmation; sentences exceeding mittal to their Courts by the Deputy
these with the confirmation of the Commis- „„ . . , ,, ,. c ,, ,
sioner, and, in capital cases and cases of Magistrates; they dispose of all appeals
transportation for life, of Government. from tnejr Deputy's decisions in Cases
not exceeding one (1) year's imprisonment.
8 The Commissioner confirms all sentences of Deputy Magistrates in
. . excess of one (1) year's imprisonment, and of
Commissioner. «. •
Magistrates in excess of seven (7) years impri
sonment. He settles all points of procedure, and, with the exception of
sentences of death and transportation for life, which require the final con
firmation of Government, he exercises the powers of the Sudder Foujdaree
Adawlut. 9. The Commissioner has a Judicial Assistant who prepares all cases for
the Commissioner's orders, and hears all arguments
.i0JuUedr!Cial A8Si8'aDt C°mmiS" in cases in aPPeaI> and otherwise assists in the
Judicial and Police Departments of the Province.

No. II.
PROCEDURE IN CRIMINAL TRIALS.
The jurisdiction of the several grades of Officers invested with criminal
powers will be found at page 39, Circular No. I.
CrfminaiMals! * ad°Pted * 2- Form A> hereto annexed, is to be strictly
followed.
3. Printed blanks for charges and depositions are to be had at the printing
,., , , ... , . establishments in Kurrachee, and such should be
Blank forms are published. , _ ' "«•« uc
used as economising the time of the trying autho
rity ; and, when filled up with his own notes, will be the only English
record required.
4. In all trials, the charge should be fully and carefully interpreted to the
prisoner; and where, as in the case of receiving
rulTy IxpizLed toSet°Prisone™" slo,en property, the knowledge of tke fact that it
was stolen constitutes the crime, or in the case of
rape, where the offence rests entirely on the fact of the connection having
leen against tke woman's consent, such should be clearly explained to the
prisoner. 6

42
5. With regard to Form A, particular attention is desired to the following
Property how to be described. Points- Property or weapons placed before the
Court should be carefully described. Jewels or
miscellaneous articles should each be numbered, e.g. : —
1. A necklace (kunti), gold.
2. A bangle (kungun), silver.
3. A nose-ring (nutoo), gold, with pearls, &c. &c.
And when any witness identifies an article, the Court should state the num
ber which the article bears on the list; but it is not necessary that every
small article should be enumerated in the English record. A careful
specification of those which are essential to the case, and a reference, as
regards the rest, to the separate list sent up by the committing authority
(which should be among the proceedings) will suffice. Rules regarding the
evidence for identifying persons or property will be found in Circular No. VIII.
of this Part, page 52.
6. While the appointment of assessors is always to be made in cases of
murder, both Deputy Magistrates as well as Ma-
Appointment of Assessors. . , i i ¦ .
gistrates may have recourse to such assistance in
all serious cases where no special obstacle exists.
7. Care should be t.iken in the appointment of assessors to obtain the
services of those whose knowledge, local or other-
Bl^tatSSTbi^oiS! wise, is likely to be ofthe greatest use. At the
same time, of course, any person likely to be biassed,
either in favour of prisoner or prosecutor, should be avoided ; and Officers of
Police should not, as a general rule, be required to sit as assessors.
8. When a witness is called for the prosecution, his examination-in-chief
should be conducted by the Court. At its con-
Examination of witnesses. .... .
elusion, the prisoner has a right to cross-examine;
and when he has finished, the Court can, if it choose, ask such further
questions as it may deem necessary f Re-examination' J. The converse holds
good in the case of prisoner's witnesses, whose examination-in-chief is by
the prisoner, the cross-examination by the Court, and the re-examination by
the prisoner ; but this latter must be confined to matters referred to in the
cross-examination. 9. Whenever an inquest report forms a portion of the preliminary proceed
ings, the Court is first to call in separately two (or
proved.98' reP°rt h°W t0 b6 niore if necessary) ofthe jurors, and examine them
as to whether the document received as the inquest
report be genuine. The best method is to place the document in the witness'
hand, ask him if he can recognise his signature or seal on it, and if he can,

43
then to read the report, and ask him if it is correct, and whether it contains a
true account of the appearance of the corpse, and
Position3of°cob.epsee'!amined " *° °f the circumstances under which the deceased
met with his death ; and on receipt of his replies
jn the affirmative, the document may be recorded.
10. The same rule applies to confessions of prisoners, which should always
be proved before being read and recorded. This
Confession of prisoners. ' , . , n ,
is especially necessary when the trial takes place
with assessors, as, if read, and then not proved, it is, of course, inadmissible ;
but the assessors having heard it, it is impossible to say how far they may be
biassed thereby, although told to discard it from their thoughts. A confession
should be recorded, if proved, for the prosecution.
11. The main points to ascertain in proving it are, whether the witnesses
„„.,... . to the statement were present the whole time pri-
Confession how to be proved. r
soner was making it ; whether any force or other
unfair means were used; and also whether they affixed their signatures to
the statement at the prisoner's request. The same course is to be observed
in proving the confirmation, before a Deputy Magistrate, of a confession
made before a Kardar, when the case is on trial before the Magistrate. Con
fessions before Police Officers being prohibited, are never to be noticed in
any way, except by calling attention to the breach of orders, if the statement
should have b<jen taken in writing.
12. In cases where, although the prisoner pleads " Not Guilty," his only
statement received from the committing authority
Confessions to be proved and . ... , ,. . , , . , ¦,
recorded for the prosecution, and is a virtual confession, which, having been proved as
prisoner to be called on for a above required in paragraph 12, has been recorded
defence. ¦ * n ,
for the prosecution, the Court shall, upon the con
clusion of the case for the prosecution, call upon the prisoner to make any
defence he may choose viva voce, be it in commutation of punishment or
otherwise, and such must be recorded by the Court. Prisoner shall also be
asked whether he wishes to call any witnesses.
13. At the conclusion of a witness' deposition, the Court, when it considers
such a course necessary, should record any opinion
Court to record its opinion as jt may have formed as to the manner in which the
to the manner in which the wit- . .
ness deposed. witness has deposed, whether particularly, clearly,,
or in a hesitating or other suspicious way.
14. When it becomes necessary to adjourn a case, the presiding officer
Adjournment pf trials. sl,ould enter such on his Pr°ceedings, and care
^ should be taken that prisoner and property are
carefully made over to the Police. And on the trial of the case being resumed
the date of the former adjournment should be mentioned, as well as the pri
soner's re-appearanGe before the Court; I

44
' 15. In summing up the facts of the case to the assessors, the Court should
Summing up to Assessors. carefully avoid laying before them any but strictly
legal evidence ; and it should, as much as possible,
point out the connecting links which complete the chain of proof.
16. In recording the finding of the Court, care should always be taken that
Finding of Court tne cr'me °f which the prisoner is found guilty
should be set out at full length ; and in passing
sentence, the Act or Regulation by which such sentence is authorised should
invariably be quoted.
17. It sometimes happens that the trying authority feels uncertain as to the
exact weight to be attached to circumstances in
Circumstances in mitigation -.- .- c • l i i •. • i_ n
of sentence how to be recorded. mitigation of punishment : in such eases, it is better
to pass the extreme sentence, leaving it to the con
firming authority to mitigate it if he thinks fit. The trying authority should
state in his letter forwarding the proceedings, the circumstances pleaded in
mitigation, and the reasons for his doubts as to the weight to be given to them.
18. In passing sentence in any case, the trying authority should be careful
„ . , . . that any physical incapacity of the prisoner does
Sentences to be passed in •> r ¦> . .
accordance with the physical not prevent the punishment being carried out.
capaci y o e pnsonei. Cases have not unfrequently occurred in which
the labour awarded has been obviously beyond the convict's powers, and has
been cancelled on the report of the officer in medical charge of the jail.
19. If, in addition to a period of imprisonment, further imprisonment be
ordered in commutation of a fine, and the two
flnnaiion!en eDC68 require con" periods combined exceed the extreme amount the
trying authority can award without confirmation,
the case shall be sent for confirmation.
20. It is as well here to observe that, under an indictment for a major offence,
a prisoner may be convicted of any minor crime
The major offence includes the contained in it ; ex. gra., under an indictment for
murder, a conviction for culpable homicide, or
under an indictment for rape, a conviction for assault, either serious or trivial,
may be arrived at. On a charge of robbery also, a conviction for concealment,
aiding and abetting in the robbery, or for receiving stolen property, knowing it
to be such, can be recorded.
21. When prisoners plead ' Guilty' to serious crimes, as assessors should
not be appointed until after the prisoner's plea
^T^XX'oX" *«* been '^corded, it follows that no assessors are
Regulation xiii. of 1827, required. By Regulation, as per margin, the
section xxxvn. Clause 2. confessi0n of a prisoner before the trying Court
suffices for conviction, if adhered to by the prisoner after hearing such portions
ofthe preliminary proceedings read to him as the Court may consider necessary.

45
22. After receiving and recording a plea of 'Guilty' therefore, the
Magistrate, having caused to be read over to the
Procedure to be followed when .. j ... c , •. • „
prisoner pleads 'Guilty.' prisoner the depositions of such witnesses given
before the committing authority as he may consider
show the facts of the case, and also the prisoner's confession likewise
taken before the committing authority (which, under these circumstances,
i.e. tke prisoner pleading guilty, need not be proved according to paragraph 12),
shall then ask the prisoner whether be confirms his previous plea; and
on receiving a reply in the affirmative, the Magistrate shall simply record
that he finds the prisoner guilty upon his own confession, and shall pass
sentence as usual. Such depositions as the Magistrate may have had read
to the prisoner, together with the prisoner's confession, shall form the
evidence recorded in the English proceedings. No witness need be re
examined before the Magistrate, unless that officer, for special reasons,
considers such a course necessary for the better elucidation of the facts
of the case.
23. The numbers in the margins of the forms are intended to refer to
similar numbers on the Sindhee record, and are
Exhibits to be numbered in , n _ ,, , c r ¦ ~
English and Sindhee. placed for the sake of convenience in reterring
from one record to another. The Sindhee record
should bear a similar number in English, as well as in the native character, to
Of '
that on the English record.
24. In case of perjury on the part of any native witness, the native deposi-
,, . . . . . tion would be the document on which he would be
Depositions to be signed by
trying authority as given on af- indicted, not the English. It is therefore necessary
fixation or oath- that the Court should sign each deposition taken in
the native language, certifying that it was given on oath or solemn affirmation.
A convenient form is —
"Given on solemn affirmation (or oath) before me, this 10th day of
March 1856.
A. B., Magistrate."
25. Hindoos and Mussulmans alone can be examined on solemn
affirmation. Parsees and Christians (excepting
Witnesses how sworn. . , .
certain sects) must be examined on oatn.
26. The proceedings in cases involving a sentence of death or transporta-
Proceedingsin capital cases to tion for life, must be copied clearly by a clerk, as
be copied by a Clerk. they have to Le forwarded to Government. In
other cases, the record in the Deputy Magistrate's own handwriting is
sufficient.

46
27. Whenever sentences are passed, subject to confirmation, no portion of
the punishment should be awarded until the orders
Sentences subject to confirma- of the superior authority are received. The date
tion not to be carried out until f Dassino- sentence is to be the date of commence-
confiimed. I o ... , j j ,
ment of the term of imprisonment awarded, not
withstanding the confirmation may not be given for some little time after.
28. Whenever the prisoner covicted is an inhabitant of a different Zillah
from that in which he was tried, the trying
authority should forward a copy of the warrant to
the Lieutenant of Police of the Zillah of which
the prisoner is a resident, for information and
future guidance.
29. It often occurs that prisoners, when convicted of embezzlement or
other offences, are sentenced to be 'incapacitated
Dismissal from service to form f holding any Government employment here-
no portion of a sentence. *¦«..« "«¦« a J <¦
after.' Such order should not form part or the
sentence, the dismissal of the offender being a question that should be left to
the executive authority.

If prisoner is an inhabitant of
a different Zillah, the Lieutenant
of Police of that Zillah is to
have a copy of the warrant.

Form A.

Tarooskak, 15tk of September 1858.
At a criminal Court, held before Captain R. Cowpar, Deputy Magistrate of
Nowshera —
The Deputy Magistrate proceeds with the trial of the case No. 58 of the
general Calendar for 1858.

Prisoners,

No.

Name.

Father's Name.

Age in
Years.

Religion.

Caste or
Tribe.

Occupa tion.

Village.

Talooka.

Zillah.

From what Of
ficer received.

1 2

Futteh
Mahomed. Ahmed Khan.

A bdool
Baza.
Belooch Khan.

21 18

Malwmcdan

Kaskellee it

Labourer.

Tarooshah t*-

Sahitee.

By drab ad.
n

Mahomed
Ki&mutghar, Mooktiarkar
of Sahitee.

Charge.

The prisoners are charged, under Regulation XIV. of 1827, Section
XXXVII, Clause 3, with robbery, with force, by nigkt ; in having, on the 1th
September 1858, corresponding with 1st Suffer a.h. 1275, in the village of

47
Tarooshah aforesaid, broken into tke house of Paroo Bunyak, and stolen there
from clothes to the value of Twenty (20) Rupees, 1 gold armlet, value 30 Rupees,
and ready cash, in silver and copper, Rs. 10-8-6.
How say you, prisoner, are you Guilty or Not Guilty ?
« The prisoners plead Not Guilty.
A bundle, containing 1 cloth coat and other clothes, as per list in Sindhee
proceedings of Mooktyarkar, 1 gold armlet, and Rs. 5-4-0 in cash, are produced
in Court.
The Deputy Magistrate proceeds to record the evidence for the prosecution.
The deposition of Paroo, given on solemn affir
mation, after having been duly cautioned: —
" My name is Paroo, my father's name is Pummun, my age is about 30
years ; I am by religion a Hindoo, by caste a Bunyuh, by occupation a Trader.
I reside at the village of Tarooshah, Talooka Sahitee.
" About 1 5 days ago, I went to sleep at night, as usual, on the platform in
front of my shop, having locked tke door. On my awakening in the morning, I
found, on opening the front door, that a hole had been made in the back wall
large enough for a man to enter through. On examining the premises, I found
that a bundle of clothes, containing a cloth angrika (coat) and other things, and
a gold armlet, had been taken away, also that a box had been broken into, and
Rs. 10-8-6 in cash stolen therefrom. I informed the Police, who came and
examined the premises. They found the ''pugs' of two persons, which they took up
and traced to the house where prisoners live. I accompanied them. On searching
the house, a spot appeared freshly cow-dunged ; and on digging there, the property
now produced before the Court was found. I recognise all the articles as my
own property. Prisoners were apprehended in the house."
Prisoners having no questions lo ask,
Witness withdraws.
The deposition of Mahomed Khan, given on solemn affirmation, after
having been duly cautioned : —
No. II. .
" My name is Mahomed Khan, my father's
name is Ahmed Khan, my age is about 40 years; I am by religion a Maho-
medan, by tribe Sheik, by occupation a Duffedar of Police. I reside at the
village of Tarooshah, Takooka Sahitee, where I am on duty.
"About 14 or 15 days ago the last witness, Paroo, came to the Ckowhee about
6 in the morning, and reported that his house had been robbed. I took Subool,
Puggy, with me and went there ; we found a hole in the back wall, and in the
owner's room a box, tke hinges of which had been forced. We found the 'pugs'
of two persons, wkick we took up and traced direct to tke house or kut where
prisoners reside."

48
Witness then corroborates tke last witness as to the finding of the property
and apprehension of the prisoners.
Cross-examined by Prisoner No. 1. — Your feet were naked when you com
mitted the robbery ; but on going outside, you put on your shoes, and those shoes
we found on your feet when your were seized.
There being no other questions to ask,
Witness withdraws.
' The deposition of Subool, given on solemn affirmation, after having been
duly cautioned : —
"My name is Subool, my father's name is
Makomed, my age is about 30 years; I am by religion a Makomedan, by
tribe a Kurmattee, by occupation a Government Puggy. I reside at the
village of Tarooshah, Talooka Sahitee, where I am on duty."
This witness corroborates the evidence ofthe Duffedar,No. II. He states, on
examining the foot-prints in tke house of prosecutor, they were those of naked feet,
but on proceeding outside, the thieves resumed their shoes ; the shoes now on the
prisoners' feet are those tke prints of which he traced. Witness states he took
both prisoners to the house of prosecutor and compared their naked foot-steps,
which coincided.
Cross-examined by Prisoner No. 1. — Ikavebeen a puggy from my childhood.
Prisoner has no other question.
The Deputy Magistrate proceeds to test the witness' capability as a ' Puggy.'
A space in front of the office is cleared, and, in the absence of the witness,
tke prisoners, with kalf-a-dozen other persons, are walked vp and down. On
witness being sent for, he immediately pointed out the prisoners' foot-marks.
Witness withdraws.
The case for tke prosecution is closed. That for the defence commences.
Read and recorded : — Statement of Prisoner No. 1, Futteh Mahomed
wullud Abdool Raza, taken before the Mooktyarkar
of Sahitee, on tke 8th of September 1858, to the effect that he denies the
robbery, and says the police arc his enemies ; that they buried tke property in
his house, in order to get him into trouble.
Read and recorded : — Statement of Prisoner No. 2, Ahmed Khan wullud
Belooch Khan, taken before the Mooktyarkar of
Sahitee, on the 8th of September 1858. (To the same effect as that of Pri
soner No. 1 (No. TV.))
The prisoners have nothing further to urge, nor any witnesses to call.
The case is closed, and the Deputy Magistrate proceeds to record his finding.
The prisoners are charged with robbery, with force, by night. The evidence
is clear ; the house had been broken into through the wall, foot-prints having

49
been found in the house, were traced to the prisoners' homes, wkere the property
was found concealed: —
The Deputy Magistrate therefore records his finding, that tke prisoners,
Futteh Mahomed and Ahmed Khan, are guilty of robbery, with force, by night,
in having, on the \st September 1858, corresponding ivith ]st Suffer 1275, in
the village of Tarooshah, Talooka Sahitee, Zillah Hydrabad, broken into tke
/muse of Paroo Hunynh, and stolen therefrom clothes, a jewel, and ready cash,
to tke valve of Rs. 60-8-6.
Read and recorded : — Extracts from the records of the Deputy Magistrate's
AT rri J irrr Office in cases No. 15 of 1855, and No. 26 of 1857,
Nos. VI. and VII. . ... .
showing that prisoners of similar names and tribes
were convicted of robberies in both instances, and were sentenced, on the firt-t
occasion, to sir (6) months', and. on the latter to one (1) year's imprisonment
with labour.
The deposition of Sultan Khan, given on solemn affirmation, after having
N VITI been duly cautioned —
" My name is Sultan Khan, my father's name
is Ahmed Khan, my age is about 40 years ; I am by religion a Mahomedan,
by tribe a Brahoee, by occupation a Havildar ofthe Rural Police, and Jailor
at the Tarooshah Jail.
" I know the prisoners at the bar ; they have both been in Tarooshah Jail
on two occasions ; the cases in which they were prisoners are numbered No. 1 5
of 1855 and No. 26 of 1857."
Prisoners have no question to ask,
Witness withdraws.
Sentence, under Regulation XIV. of 1827, Section XXVII. Clauses I
and 3 : —
Prisoners at the bar — You have been convicted of robbery, with force, by
night ; the sentence of the Court upon you is, that you, and each of you, be impri
soned and kept to labour in the jail at Hydrabad for three (3) years.
This sentence is subject to the confirmation of the Commissioner in Sind, to
whom this case will be forwarded through the Magistrate of Hydrabad, with
memorandum No. 183 of 1858.
The propeity is made over to the prosecutor.
Prisoners are removed in custody of the Police, with warrants addressed to
the Lieutenant of Hydrabad Police for their safe
Nos. IK. and X. , . J, f, , J '
custody, pending further orders.
The Court adjourns.
(Signed) R. Cowpab, Captain,
Deputy Magistrate.

50
No. III.
MEDICAL EVIDENCE.
When, in conducting any criminal case, it becomes necessary to examine
a medical officer on professional points relating;
Office TTiZntH^' »° *° waiter u»der "<.<»**> ** evidence should
be taken on oath as that of other witnesses, but
recorded on a separate sheet of paper, with the signature of the Officer con
ducting the inquiry attached to it.

No. IV.
TRACKERS OR PUGGIES.
In all cases in which the testimony of trackers, as to the identity of foot
marks, is the principal evidence in any case which
tt!ktKSK.b° t6Sted "" may be under ^^gation, «« skill of the track-
ers should be tested by the trying authority, if
he thinks the evidence requires such corroboration, and the result recorded on
the proceedings. {Vide page 48, deposition No. III.)

No. V.
ACQUITTALS.
By Regulation XIV. of 1827, Section I. Clause 9, a person once 'convicted'
or ' acquitted' cannot again be tried for the same
trates?"Hta,S bl Depa'? MBSi8" offence, though a person ' discharged' may he.
2. It is necessary to the power of acquittal,
that the trying authority should be competent to pass the adequate sentence
awarded by the law for the particular crime with which the prisoner is
charged. 3. In cases therefore where, if a conviction had taken place, the punish
ment awarded would have been subject to confirmation, the Deputy Magistrate
cannot ' acquit' the prisoner, but can simply record that prisoner is dis
charged for want of proof. This leaves the prisoner liable to be again
apprehended, should additional evidence be forthcoming at a future period.
4. If, however, the case be one, the adequate punishment for which would,
if a conviction were recorded, be within the Deputy Magistrate's powers,
independent of confirmation, in the event of the evidence not being sufficient,
an ' acquittal ' should be recorded, when further proceedings against the
prisoner on that charge would be illegal.

51

No. VI.
SENTENCES TO BE REPORTED TO THE POLICE.
To obviate the inconvenience of the Police Officers not receiving reports of
* Reports of sentences in cimi- carnal cases decided by Magistrates and their
nai trials to be made to the Of- European and Native Subordinates, all Magisterial
OHicers should, as each criminal case is decided,
send to the Lieutenant of Police of the District in which the offence was com
mitted, a return made out after the accompanying form.
2. These forms, as well as warrants, should be kept printed or lithographed ;
and as each case is decided, the form should be filled up at once and signed
by the Magisterial Officer. The warrants should be sent with the prisoner,
and the return of decision by post : —

Form of Criminal Reports.

No. of
Case.

Name,
caste, occu
pation, age..
and resi
dence of
prisoner.

Offence
when com
mitted, and
residence of
complain ant.

Date of of
fence and
when ap
prehended.

Date of
trial.

Amount of
property
recovered.

By whom
tried and
sentenced.

Remarks.

Dated of 185
Deputy Magistrate's Office.

(Signed) A. B.,
Deputy Magistrate.

No. VII.
PRISONERS ON APPREHENSION TO BE ALLOWED TO
GIVE BAIL.
Except in cases of murder and robbery, or other offences of a very serious
nature, the accused parties should be admitted to
Bail to be accepted when ,.,,,, j . ,i L
offered for accused parties in all bail, unless there is good reason to suppose that
cases except murder and robbery their safe custody can only be secured by confin-
otother offence of a serious nature . , . , ., , , ., ¦ • •¦ .
ing them in Jail ; and when this step is considered

52
necessary, it must be specially reported to the Magisterial authority ofthe
district. 2. In determining the amount of security to be required, the position in
life ofthe accused parties should be duly taken into consideration.

No. VIII.
IDENTIFICATION OF PROPERTY AND PERSONS.
A very important point of evidence is the identi-
. Rules for the identification of ficatjon 0f pr0perty and of persons.
persons and property. ¦ r •> '
2. When a quantity of stolen property has been
.Property not to be identified recovered, and is produced in Court, it is not
ump. sufficient that the owner of such property should
identify it in the lump and say, "I recognise all this as mine."
3. The trying authority should mentally fix on some article of peculiar
manufacture or fabric, as an ornament or piece of
One article to be mentally jewellery, or cloth, with any particular marks
eliosen by the Court, and the . .
owner questioned regarding it. or pattern upon it; and without letting the witness
know which piece the questions refer to, he
should be made to describe its peculiarities.
4. If, on the other hand, the stolen property be of such ordinary descrip
tion as to have no peculiarities, a few similar
Or similar articles to be artic]e8 si,0uld be placed with the stolen ones,
placed in juxta-position.. ' '
and then the witness should be cautioned, and
afterwards asked to identify which are his property.
5. In the same way, when there is any doubt about the identification of
prisoners, several persons should be brought into
witVSnerrSet°bead<>Pted C°Urt> ai,d tlle "itneSS C"lled upon to point OUt
which of them he identifies.
6. The trying authority has opportunities and advantages for the right
identification of stolen property and of prisoners,
The trying authority is answer- which no reviewing authority can possibly have.
able for the proper idea tmeatiou. ,, ° .
bo much depends upon the manner in which a
witness gives his evidence, on his readiness, and the certainty with which he
identifies anything, and on the opportunity the trying authority has of
cross-questioning, that he can easily satisfy himself whether the witness
speaks the truth.
7. Whenever the trying authority records on his proceedings that any
particular article of stolen property, or any prisoner, has been clearly
identified, the reviewing authority is obliged to receive such identification
as a proved fact.

53
8. The Police authorities should caution Policemen not to allow stolen
property, recovered by them, to pass through many
Stolen property not to be hands before it reaches the trying: authority. It
made over by one Policeman to . ¦¦ ,
another. sometimes happens that a Policeman, who is asked
by the Magistrate where he got the property he
produces in Court, refers to some second party, who is not in Court, but who
told him he got it from a third, who said he found it in the prisoner's house :
such second or third hand evidence is, of course, quite worthless.
9. The proper method is, that the Policeman who found the property
The manner in which the sl,0uld be ab,e t0 state tlle eXact facts : wl,en and
Police should give evidence as where the property was found, and that the property
had been in his custody ever since ; that he had
produced it before the Kardar for examination, and now produces it before
the Court; and that he should be able to swear that the articles are the same
that he found under the circumstances before deposed to.
10. A little method in instructing Policemen in matters of this kind will
often enable one man to give more valuable evidence, and to identify property
more satisfactorily, than two or three could under a less regulated system.
It will very materially s-horten trials and abridge the labour ofthe trying officer,
besides obviating doubts which now very often exist.
11. Much of what has been stated above, regarding the identification of
property, applies equally to the identification of
The same principle applies to ± • - x i . . . .„ .
Trackers. persons, and the same principles will apply to
the identification of foot-marks.
12. Identity of foot-marks is often evidence ofthe strongest and most con
clusive description, but its weight peculiarly depends on the manner in which
the evidence is taken and tested.
13. The very simple plan of making the deposing tracker select the marks
„ _, , x . of the suspected person from among a number,
How Trackers are to be tested. ' r „
is always capable of being applied, and affords an
excellent test ofthe degree of dependence which may be placed on the testimony.
(Vide page 48, deposition No. III.)

No. IX.
CORPORAL PUNISHMENT.
Instances have occurred in which the punishment of flogging has
been administered so as to cause permanent
Corporal punishment restrict- injury to the criminal ; the attention of Officers
same time! ni>eS & °ne aB ° is called to Regulation XIV., Section VIII.,
Clause 1, which provides that no Officer shall

54
award more than twenty-five stripes to be administered atone and the same
time, and this will be found amply sufficient, if the flogging be properly inflicted.
2. It is not generally advisable to add flogging to sentences for lengthened
periods of imprisonment.
3. The spirit, of the instructions issued by the late Governor upon this sub-
„. „ ,, . , ,. .. iect might, with advantage, be adhered
Sir C. Napier s directions — J11'" '"¦& '"> e >
J. To Collectors and Magistrates in to; and for this purpose copies of abstracts
Sind, dated S8ni May 1840, f the Civil orders of Sir Ch.Hr.es
2. Paragraph 16 of Rules proposed for L
Criminal Justice in 1846, Napier, as quoted in the margin, are
to be followed in spirit. , ,
appended.
4. The flogging should never be administered unless in the presence
of the European Officer awarding the punish-
The Apothecary, Medical or '
trying authority, always to be ment, or of an Apothecary, or other Medical
present at floggings. Officer. 1 846. — Circular.
To the Collectors and Magistrates in Sind.
Dated 23rd May 1846.
No Bazaar Master or Magistrate is to punish by flogging, except for the
following crimes : —
Theft, destruction of property, and drunkenness ; nor are the aforesaid crimes
to be punished by flogging, without the fullest inquiry before the Magistrate,
when all parties, accuser and accused, are to be present, and Bazaar Masters are
to have the sanction in writing of the Officer commanding the Station, whose
signature must be affixed ; nor upon any pretence is the punishment inflicted
by any Magistrate or Bazaar Master to exceed two dozen lashes, which are to
be inflicted with a cat-o'-nine tails, the same as those used in Regiments of the
Line, ai>d with no other weapon of punishment.
If, in the opinion of the Bazaar Master, any culprit deserves a heavier punish
ment, the said Bazaar Master is to apply for a Court Martini ; and if the Com
manding Officer thinks that one is necessary, he will order it to assemble.
The Bazaar Masters at every station are to make a weekly report of all
punishments inflicted to the Commanding Officer, who is to report, through
the Deputy Judge Advocate General, to the Major General commanding
the Forces, by forwarding the weekly reports with any observations that he
may judge it necessary to make; otherwise, this Officer is only required to
transmit the report.
As regards Civil Magistrates, the rules have been already clearly laid down
for their mode of proceeding, where a punishment is required which exceeds
two dozen lashes.

55
Paragraph 16 of Rules proposed for Criminal Justice in 1846.
16. Magistrates to avoid the infliction of corporal punishment, except in
cases where the offenders are known a3 confirmed bad characters.

No. X.
DELAYS IN TRIALS.
All Magisterial Officers should hear in mind that the trial of criminal cases,
and the disposal of the Police and Magisterial
J^J?v£££$ S5£ b"sineSS ^rally, shou,d take precedence of
business not of an emergent de- every other kind of business which may not be of
scription. " , . ,.
an emergent description.
2. The remark " delay caused by the witnesses not being forthcoming " is
very frequently appended to explain delay in the
All witnesses should be sent disposal of cases. Of course, cases will occur where
np with the case. , ¦
it is necessary to postpone a trial orcall for witnesses
who were not summoned at first, and the necessity for summoning whom could
not be foreseen. But such cases must always be exceptional ; and, as a general
rule, there can be no difficulty in sending all necessary witnesses up with a case,
and disposing of it as soon as it is received without more than a few hours delay.
Extract (paragraph 33) of a despatch from the Honorable the Court of
Directors, dated 1st July 1857, noticing a case of
Conrfs despatch on the subject. , . • , - , P ¦ • i • i j
delay in disposal ot a criminal case, is appended : —
" Holding the principle that every Magisterial and Police Officer is person
ally responsible, in regard to the length of time during which every pri
soner in his custody or in confinement under his orders, is detained under
examination, we think that you have dealt leniently with the Officers to
whom the delay in this case is attributable."

No. XL
CASES OF RAPE.
In cases of rape, a plea of "Guilty" is often entered, when it is clear, from
the prisoner's statement, that he only meant to
Instructions for the trial of a(jmjt having had intercourse with the woman with
cases of Rape. °
her free will and consent.
2. In requiring a prisoner to plead on this charge therefore, care should
be taken to explain to him that he is to be tried
Prisoner to be made to under- _ . ... .
stand that the connection charged for having had such intercourse forcibly and
was against the woman's consent. ^^ ^ WQrmrC s will.

56
3. From its nature, the charge of rape is one of those in which it is very
difficult to ascertain the exact truth. For this
Ratio difficult of proof. . ,
cause, the trial of such cases should never be
left to inexperienced Officers.
4. The ordinary text books regarding evidence state the points which it is
most material should be proved where the woman
tomtodto"1" POi"tS '° b9 Bt' is of ful1 age5 unlessthe circumstances are very.
peculiar, or there is great disparity of strength, there
will generally be evidence of considerable violence having been used. Where
there is none, minute and particular inquiry should be made from the woman,
as to the place, dress, and position of both parties both before and during the
assault ; and from any passers-by, as to the distance, direction, &c. when their
notice was attracted to the parties.
5. This is particularly necessary when there is no evidence of considerable
violence, in order to disprove the prima facie pro-
of lSSraybi:'vionienc°e "forth! bability in such a case, that the woman was a
coming. consenting party, and only called out when she
saw persons approaching.
6. Statements of prisoners, that they have had
ed^ca'S^eT ^ Previous intimacy with the prosecutrix, should be
very carefully tested.
7. Persons convicted of rape are often sentenced to very inadequate punish
ment, probably from the Court thinking it not un-
Severe sentences to be passed. |ik , ^ t t, consenting party.
Act II. of 1845, Regulation J 5 I J
XIV. ofi 827, Section I. Clause 7. Where there is good reason apparent for such
belief, it is better to acquit the prisoner of rape,
and punish him under either of the enactments noted in the margin, according
as the woman was married or unmarried.
vide printed cases of theSud- .8" _ Where the offence of rape, or violent assault
der Foujdaree Adawlut, vol. i. of with intent to commit it, is clearly proved, the
April 1854. . . J r
punishment should be severe.

No. XII.
PERJURY.

Prisoners charged with perjury must not be tried by the Officer before
The officer before whom the whom the PerJury was alleged to have been com-
perjury is committed should not mitted. (Vide Regulation XIV. of 1827, Section
try the offender. ,,,,, -~,, „ ,
XVI. Clause 3rd.)

57
2. The same principle should be acted upon, as far as possible, in cases of
uttering forged documents, officers refraining from
Same principle to be adopted , . , , ,, . r ... ¦ ,1
in cases of uttering forged docu- trying such cases when the act of uttering the sus-
ments- pected document was committed before themselves
in the course of other judicial proceedings.
3. Cases have occurred in which the accused was charged with perjury, in
having deposed to " a certain effect," and it has
The exact words alleged to have b found on the trial, that the accused did not
been falsely sworn in a charge '.
of perjury to be particularised. state that which was so imputed to him. Officers
are therefore directed, when cases of perjury come
before them for trial, to be careful that the very words which the accused is
said to have uttered, and the falsehood of which is supposed to constitute
the perjury, are set forth in the charge verbatim.
No. XIII.
ADULTERY.
Instructions regarding cases of No charge of adultery can be entertained, unless
Adultery and attempt to commit prefelTed by the husband of the accused adul-
that crime. r 11-71111 .
„ . . , teress ; and this should be always noted in the
Husband must prosecute. ' •>
Criminal Returns.
2. In sentencing the adulterer and adulteress, the terms of imprisonment
should be so arranged as to allow of the latter
Adulterer's sentence to be longer ,. . , r •¦i<.iir 1
than that of the adulteress. being released trom jail, at least fourteen days
before the. former; the husband then, if he wishes,
has an opportunity of removing his wife out of the way of further temptation.
3. Attempt at adultery is not a punishable offence, as the ground for the
punishment ofthe adulterer, viz. the injury done
_ Attempts at Adultery not pun- tQ ^ hugbandj cannQt be sajd tQ exht) unjegg thg
crime has been accomplished.
4. Should any husband complain that he fears an attempt on his wife's
chastity, the suspected party might be required to
But security may be demanded. . •" !~ ' i ° '
give security under Regulation All. of 1827.
5. Or the case might come under the local Proclamation, regarding
persons found loitering about and unable to give
Local Rules. ? . ° &
a satisfactory account ot themselves.
No. XIV.
WIVES REFUSING TO LIVE WITH THEIR HUSBANDS.
It is difficult to lay down a general rule on the subject of wives refusing
to live with their husbands. The religious law of
Cases of wives refusing to live . .
with their husbands, how to be the parties, however, by which such cases are de-
treated, cided, is quite distinct, viz. that the Government
8

58
must imprison a woman who will not live with her husband. The best
course therefore to adopt, would appear to be as follows : —
Upon the husband applying for assistance to the Magistrate, this officer
should, if he does not consider there is any fault on the man's side,
and if persuasion fail, send the woman to jail for a period not exceeding
three months. During this period, she may be brought up occasionally
before the Magistrate to see if she alter her mind, when, should she
agree to return to her husband, she may, at any time, be made over to him,
security being taken from the man, if she wishes it, that she will not be
ill-used. At the expiration of three months, if she remain obdurate, she
must be discharged, and the husband told that it is for him to decide
whether he will divorce her or not, as all legal punishment has failed to
induce her to live with him.
3. When a woman urges ill-treatment by her husband, or neglect to pro
vide her with the necessaries of life, or to perform
ment%WrnnotPtX"edet the duties of a husband, as the cause of running
return. away, and proves her assertion, she should not be
forced to return ; the Magistrate's duty then is to
advise the parties to make up their quarrel.
4. It is well, however, that Magistrates should interfere as little as they
possibly can ; such cases are best left to the friends
feret nttttTo^intTn <* parties, °' to Punchayets, Gooroos, or Cazees,
cases. the Magistrate only taking care that no illegal
violence is permitted.

No. XV.
STOCKS.
As a general rule, stocks should not be used for untried prisoners.
2. The course to be adopted in the case of
JytZ^n* "^ Sh°Uld al" untried prisoners is— 1st, in every case that security
for appearence can be given, it should be taken.
In this country, in the majority of cases, this order could be carried out with
little difficulty, and the necessity of seeing it implicitly obeyed is of the utmost
importance. 3. Should, however, cases occur where security cannot be procured, hand
cuffs, attached to a chain, should be adopted where
Prisoners on the March to be 4i,„ „„,„ i c n i i
attached to a chain at night. there are no Pr0Per P'aces of confinement, or when
the heat of the wheather obliges the prisoners and
their guards to sleep in the open air; handcuffs made on the English handcuff'
plan, opening and shutting by a key, should each be attached by a chain two

59
feet long to about every second foot of a long chain sufficient to hold six pri
soners. At night, one foot of each prisoner should be manacled, and the prisoners
be made to lie three on each side of the chain, feet to feet. The sentry to be
placed at one of the ends, both of which should be pegged into the ground
^yide sketch opposite]. The prisoners so manacled could hardly move without
the attention ofthe sentry being attracted by the jingling of the chain.
4. Now that lock-up chowkees have been generally provided, stocks can
rarely be required ; still cases may occur where
stoYCaTeplrt^etadtrthl they would be absolutely necessary, and therefore
Deputy Magistrate. a certain degree of latitude must be allowed the
Police in this point. But while the stocks may be
made use of on occasions when absolutely necessary, such cases should always
be reported to the Deputy Magistrate to whom the prisoners are being
forwarded, and every precaution should be taken to prevent the stocks being
used excepting on such occasions.
5. When cases arise in which it is proved that the Police have unneces-
 , . , sarily made use of them, very serious notice should
Police will be severely punish- J i
ed for non-attention to this order, be taken ofthe breach of orders.

No. XVI.
EXTENDED POWERS TO KARDARS.
The names of any Kardars or Foujdars, con-
Extended powers for Kardars
(rofopage40). sidered by the Magistrate qualified for the
Theft." . J & '.....
Cattle stealing (unaggravated). exercise ot increased powers ot criminal juris-
Assault ditto. . . . . . . ~,
Resistance to public Officers in diction, should be submitted to the bommis-
the execution of their duty. . , , ¦ • , • ¦ n „. „. „  1
Use of false weights and mea- sioner, and, on their being specially empowered
™:„ , . . . by him, they will be authorised to investigate and
Wilful injury to property. "J > " J o
Disputes between masters and decide all cases as per margin.
servants. ' °
Frauds (unaggravated). . j i l
Selling poisonous or noxious 2. In investigating cases under these rules,
drugs without a licence. -_ __, . , , ,, , , ,
Selling liquorwithoutalicence. the Kardar or Foujdar shall be empowered to
under A^I^™^ 'ec0rd Ms findi"6 ttnd P^ ^^ ^ ^
Act xxi. of 1841. victed prisoners.
a , 3. The sentences awardable under this Circular
sentences. to be —
1st.— Imprisonment, with or without labour, for any period not exceeding
four months.
2nd. — Fine not exceeding 100 Rupees.
3rd. — Flogging not exceeding 25 stripes.

60
4. For the first twelve months, during which the Kardars will exercise the
extended powers, no portion of any sentence
.«» onife" DrPutyXi^ is *° be cairied ]"to execution until it has received
is required. the confirmation of the Deputy Magistrate; but
after that period, the decisions shall only be open
to revision on the monthly returns or by appeal.
5. Upon a conviction and sentence, subject to confirmation, being recorded
w, „ ,. by the Kardar, he shall forward the prisoner within
When confirmation necessary, -> ' r
case with prisoner to be sent 24 hours to the Deputy Magistrate, together with
within 24 hours. -_• j. j .- c *i
his proceedings, and no portion of the sentence
shall be carried into execution until confirmed by the Deputy Magistrate.
6. The proceedings of Kardars will be kept in Sindhi, according to the
,.,.„.,,. forms and rules prescribed for Deputy Magis-
Records to be in Smdln. r r J °
trates.
7. The Deputy Magistrate, when he receives a prisoner from a Kardar
_. ,. . L , , l with the proceedings in his case, shall have the
Deputy Magistrate's duty on . ' ° '
receipt of a case. prisoner at once brought before him, and there, in
his presence, read over the proceedings of the
Kardar, consider the evidence recorded with the prisoner's defence, and con
firm, amend, or annul the conviction or sentence, as may appear to him just
and requisite, provided that in no case shall the Deputy Magistrate increase
the sentence passed by the Kardar.
8. If in any case the Deputy Magistrate shall consider the offence commit
ted to be one for which the sentence passed is
Case may be annulled and u n • j a u i n i xi_ • .•
committed for trial to the Deputy wholly inadequate, he shall annul the conviction
Magistrate. and sentence, and direct the Kardar to commit the
case for trial to the Deputy Magistrate's Court,
where it will be disposed of in the usual manner.
9. If the Kardar or Foujdar should record a verdict of " Not Guilty" against
the accused, he shall immediately discharge and
Course to be adopted in cases , , . .... _ . ,.
of acquittals. release him, recording his reasons for the verdict,
but he shall forward his proceedings to the De
puty Magistrate within 24 hours after.
10. The Deputy Magistrate, on the receipt of such proceedings, shall review
them, and if satisfied that the discharge vvas correct, return the proceedings to
the Kardar for record. If not satisfied, he should summon the accused and
witnesses and re-try the case.
11. These rules are not intended to affect cases disposed of by Kar-
These rules do not apply to da,'s and Fo"jdars under former rules, which
cases within the original jurisdic- will continue to be disposed of summarily, as
tion of Kardars, p. 39. . , , ' ¦"
heretofore.

.61
1 2. The object of this Circular is threefold —
Firstly — To afford speedy justice in all trivial and
Objects of these rules. J ' JJ
petty offences near to the homes of those seeking it ;
Secondly — To elevate the office of Kardar, and to train such functionaries
9 to take a larger share in the administration of justice ; and
Thirdly — To relieve Deputy Magistrates from a part of their present
criminal duties, in order to enable them to pay the more attention
to their duties of supervision and the general improvement of their
districts.
13. These three objects should therefore be always kept in view ; and every
means, consistent with furthering the ends of justice, should be taken to avoid
delays in the disposal of this class of cases.
14. Witnesses should be summoned, their depositions taken in the presence
Witnesses to be examined in of the prisoners, and the witnesses should then be
the presence ofprisoner, and then allowed to return to their homes atonce, unless it be
found that their detention is absolutely requisite.
15. It should be impressed upon all Kardars that these extended powers
entail upon them a greater amount of responsibility,
Kardars to be made aware of anc) lni)t more energy and exertion will be expected
their responsibility under this ,
Circular. from them; and that none but the most respectable
and most intelligent among the natives of the
country will be appointed to such posts of trust and honour.
lb. Cases disposed of under this Circular are to be entered in the criminal
returns immediately after the cases disposed of by
Cases how to be entered in the tb Deputy Magistrate ofthe district; and the
Monthly Returns. r j o _ >
names of the Kardars disposing of them — e.g.,
" A.B., Kardar of C" — shall be entered in the column " By whom disposed of."

No. XVII.
BRITISH-BORN SUBJECTS.
The opinion of the Advocate General of Bengal, regarding the liability to the
Mufussil Criminal Courts, of persons born in this country, lawfully descended
frommaleEuropeannatural-bornBritish subjects, whose mothers, grand mothers,
or more remote ancestresses may not have been British-born subjects, and the
letter which gave rise to the opinion, are printed for general information : —
From James Simpson, Esquire, Joint Magistrate of Mirzapoor, to W.
Ritchie, Esquire, Advocate General, Calcutta (No. 543), dated the
18th December 1858.
I have the honour to submit the following case for your consideration and
legal opinion : —
2. A, the son of a European British subject, is born in wedlock at Patna,

62
in India, and married an Armenian woman in this country, from whom he
had issue B, likewise born in lawful wedlock. Is B a European British sub
ject, so as to render him not amenable to the Mofussil Criminal Court or not ?
3. I beg also to be informed what is the limit, if any, to country-born
persons, descended legitimately from one European male ancestor several
generations back, to be themselves considered as European British subjects,
so as to render them not amenable to the said Courts.
P.S. — I beg also to request that you will be good enough to inform me
whether the Circular ofthe Sudder Nizamut, throwing the onus probandi, that
a defendant is amenable to the Mofussil Courts, i.e. is not a European British
subject, on the Magistrate or committing officer, is still in force or not.

From W. Ritchie, Esquire, Advocate General, to J. Simpson, Esquire,
Joint Magistrate of Mirzapoor, dated Calcutta, the 22nd December 1858.
In reply to your letter (No. 543), dated the 18th instant, I have the honour
to state, that 1 am of opinion that, in the case put by you, B, as the son born
in wedlock of A, who was the son born in wedlock in British India, of a
European British subject, is clearly a British subject within the meaning of
the Charter of, and Acts relating to the Supreme Court, and is not amenable
to the jurisdiction ofthe Mofussil Criminal Court.
2. The circumstance that A's mother was an Armenian, and that B's
mother was not a European British subject, makes no difference in this
respect. The son of a father who was a European British subject, and the
son of such son, are both British subjects within the meaning of the Charter
and Statutes, whatever be the race or country of their mother, provided the
sons were born in wedlock.
3. The second question put by you is a more difficult one. It is certain
that the legitimate grandsons in the male line of a European British subject
are entitled to all the privileges of British subjects, within the meaning of the
Charter and Statutes, though both they and their fathers may have been born
in this country, of Native, Armenian, East Indian, or foreign mothers.
Whether the privilege extends beyond the grandson has never been deter
mined, and may be treated as an open and doubtful question.
4. My own opinion is that, if the East India Company's possessions in
India continued in the same state, in respect of sovereignty, as they were in
1774, w hen the Charter and the first Statute relating to the Supreme Court
were passed, no descendant beyond the grandson of a European British subject
would be entitled to the privileges of a British subject, such descendant, and
his father, and intermediate male ancestor or ancestors being born in this
country. For in that case, as India was, when the Charter and Statute passed

63
out ofthe allegiance ofthe Crown, and its inhabitants were in theory the sub
jects of the Great Mogul, the descendants born in this country of a European
British subject, would be born out of the allegiance, and would be aliens but for
the operation of certain general English statutes (25 Edward III., chapter 2;
£ Anne, chapter 5 ; 4 George II., chapter 21; 13 George III., chapter 21) : and
by these statutes the privileges of a British subject are limited to grand-children
by the father's side of natural-born subjects. The same result would follow,
whether the mother or female ancestors were British subjects or not.
5. But my impression is that, from the time when our possessions in India
became the dominion of the Crown, a different result followed, and that all
children, grand-children, or more remote legitimate descendants, born after
that time, within those dominions, of a European British subject, became them
selves entitled to all the privileges of a British subject, without the aid of the
general statues above referred to, as being born within, and not out of
the allegiance of the Crown. I therefore am inclined to think that, in respect
of all persons descended legitimately from a male
• The date of such vesting European British subject, and born in British
was certainly after 1774, and r .
previous to 1813. Practically, India subsequently to the vesting of the sovereignty
^tfZ^lVZ"' c^y in the Crown,* there is no limit, in point of degree
may be taken as the period. 0f descent, to the rights of such persons to claim
the privileges of British subjects.
6. The construction No. 759, ofthe Sudder Nizamut Adawlut, appears to
be still in force in that Court. But it is, I appre-
repRort%F02yi9Tayl0r a"d BeU'S hend> inaccurately framed, and has been remarked
on as incorrect by the late Chief Justice, Sir
Laurence Peel, in the Supreme Court. It is also, if taken without qualifica
tion, opposed to the spirit ofthe Privy Council's decision in Calder v. Halnett.
I think, however, that the rule itself is not incorrect, if it be taken with the
following qualification : — If the Magistrate know that the prisoner is a Euro
pean British subject, it is his duty, whether the prisoner claims exemption or
not, to abstain from further proceedings against him as a Magistrate. If,
without any actual knowledge on the subject, the Magistrate have reason to
suppose that the prisoner is such a British subject, it is the Magistrate's duty to
ascertain from him whether he alleges or denies that he is one. And if he
alleges that he is, to give him every facility by allowing him time, and otherwise,
for proving that he is, the burden of such proof being on him. A Magistrate
will not be justified, if he has reason to suppose that a prisoner is a European
British subject, in proceeding against him as if he were not one, without first
giving him a distinct opportunity of pleading that he is one. If he do not so
plead, or be not able, upon time being allowed him for that purpose, to adduce
any satisfactory proof of his being a European British subject, the Magistrate
will be quite warranted in proceeding against him. If he do so plead, and

64
give proof or produce documents which, although not amounting to full legal
proof of his status, satisfy the Court that he is really a European British sub
ject, the Magistrate should, without putting the prisoner fully to complete his
proof by strict legal evidence, take up the case as a Justice of the Peace, and
send it up to the Supreme Court, taking care to record distinctly the statement
made by the prisoner that he is a British subject of lawful European descent.
7. The regular course of taking the opinion of the Advocate General upon
such questions as these, is by application through the Secretary to the Govern
ment (in the Home Department). To save time, however, I write to you
direct in the present instance, but send copies of your letter and of my reply
to the Secretary.

No. XVIII.
OFFENCES BY MILITARY PERSONS, WHEN COGNIZABLE
BY THE CIVIL COURTS.
The following Minute by the Judicial Assistant Commissioner is printed
for information and guidance : —
"I have had a consultation with the Deputy Judge Advocate General; and
the Law relating to offences committed by Military persons, beyond Camp
limits, is as follows : —
1 . Any officer or sepoy committing " wilful murder, " " robbery," or " other
Vide Regulation xxii. of selious offences," within one mile of the chief mili-
1827, Section hi., Clause 3, and tary station of a Zillah, or of any other military
Articles 114 and 156 of Act station duly notified by Government, is only amen-
XIX. of 1847. able to military law, and can only be tried by a
Rules for Courts Martial, pub- ¦ i
lished by authority, pages 253 Court Martial.
2. Any officer or sepoy committing a trivial
offence, such as trivial assault, petty theft, or any other crime, which, were it
committed within camp limits, would be cognizable by the Bazar Master, shall,
if the offence be committed anywhere without camp limits, be amenable only
to the Civil Magistrate of the district.
Note. — The "within one mile of camp limits" in paragraph 1, relates only to serious
offences j with trivial ones, one foot beyond camp limits transfers the jurisdiction from
the Military to the Civil Magistrate. J. GlBBS,
Judicial Assistant Commissioner.
8th July 1859.

PAET IY,

POLICE.

67

PART IY,

POLICE.

No. I.
POLICE OFFICERS FORBIDDEN TO TAKE CONFESSIONS.
Much serious mischief having been found to arise from the practice of
Police Officers requiring, and by various means inducing, prisoners to confess
crimes with which they may be charged, this practice is strictly prohibited
throughout Sind. *"
2. Police Officers and Men are directed not only never to make use of
force or threats to obtain, but are never to demands
Policemen not even to receive r ¦ r ¦
a confession. confessions ot supposed or real criminals; and
to prevent the possibility of mis-understanding,
Police Officers and Men ate prohibited from even receiving such confessions.
3. Whenever any person is apprehended on any charge, or on suspicion.
the Policeman apprehending him is to inform
If a prisoner expresses a desire „
to con less, he is to be taken at him ot the charge on which he is apprehended;
once to the Kardar or Deputy and gl y t| on express to the p0|ice Officer
Magistrate. _ ' '
a wish to confess, the Police should at once take
him before a Deputy Magistrate or other Officer entrusted with Magisterial
powers, such as a Kardar, whose duty it will be to receive and to record the
confession, and to communicate it to the Police.

No. II.
REWARDS TO PUGGIES.
The Captain of Police and Magistrates are authorised to award to Puggies,
who may afford assistance in the recovery of stolen property, or the appre
hension of offenders, such reasonable remuneration as the importance of their
service may seem to merit. The reward is not, however (except with the
special sanction of the Commissioner), to exceed the sum of Rupees (50) fifty.

68

No. III.
POLICE OFFICERS TO PROVIDE LINES FOR THEIR MEN.
The Police Authorities should take the necessary steps to provide their men
with shelter where requisite, and not depend on the Revenue Officers.

No. IV.

POLICE OFFICERS TO WATCH ALL TRIALS, AND REPORT
INADEQUATE SENTENCES.
The Lieutenants of Police should consider ita very essential part of their
duty, after a case of murder, robbery with force, or other serious offence or
crime, committed by an old offender, has been made over to the Magisterial
Authorities, not to lose sight of the case till the final sentence has been
passed. 2. In all such cases, the Police Officer should notify to the authority to
4 whom the case is transferred, that he wishes to
Police Officer to roquest a k t, ,t f u t ; j > jf necegsary he
report of the result ot tha trial. ' ' -"
may add the request that the prisoner may not
be discharged from custody, till satisfactory security has been taken for his
appearance, and future good couduct; or, if the
JS cTduct Uo^dt' cri»™l be a very notorious offender, till a reference
charge. has been made to higher authority regarding his
disposal.
3. Whenever, in any case, the punishment awarded seems to the Lieu
tenant of Police very inadequate to the offence
To report inadequate punish- ,..,,. . , ...
ments to the Captain of Police. proved, it is his duty to bring the case specially to
the notice of the Captain of Police, for such further
steps as may seem requisite.
4. The Magistrates are directed to order all authorities subordinate to
Magistrates to direct their sub- them, to give due attention to applications made in
^^-S'i^CiS accordance with this circular.

No. V.

ESCAPES OF PRISONERS.
An immediate report of all escapes of prisoners from custody, with the
immediate report to be made particulars of the case, should be forwarded to
to the Commissioner. the Commissioner,

69
2. At the same time, notice of such escapes should be given to all Magis
trates within the Province, and to the Captain and
Pi^ct, tdM,hf cTtai^and Lieutenant, of Police, to whom also a descriptive
Lieutenants of Police, with de- roll, containing all particulars known about the
prisoners, should be forwarded.

scriptive rolls.

No. VI.
TRANSMISSION OF FEMALE PRISONERS.
It having been brought to the notice of Government, that a female prisoner
No female prisoner to travel m India had died from the effects of exhaustion
more than 10 or 12 miles a caused by a long journey, Government desire that
the Police be instructed, when they have charge of
women as prisoners on a long journey, not to travel more than ten or twelve
miles a day, except at the express wish of the prisoners themselves ;
and that, should even that distance be more than the prisoners' strength
will admit of, the Police should still further reduce the length of their
day's march.

No. VII.

INQUESTS AND INQUIRIES INTO CASES OF
SUDDEN DEATH.
In cases of suspicious death, the Patel or Headman of the village in which
TI , , ., ... . it occurs, will immediately report to the nearest
Headman of the village to ' ' , .
report to nearest Police Thanna Police Thanna, and also to the Kardar of the
district; and will himself, assisted by two or more
ofthe leading men ofthe village, institute inquiries into the circumstances of
the case.
2. The Headman and his associates should form themselves into a court
of inquest, examining most minutely into all the
at Ice s^o" tffn To^y, particulars of the case, committing their report to
and report result to Kardar or writing if possible, and making it over to the
Policeman on his arrival. T_ , , „ . n.ro i
Kardar or other Government Officer who may
first arrive to investigate the matter.
3. The body .of the person, whose death is the subject of inquiry, should
„ , , , , , ^ . , , not, as a general rule, be interred till after it has
Body should not be interred . , , ,. . „
until seen by Government been viewed by the Kardar or other Govern-
official- ment Officer.

70
4. The Kardar on his arrival will personally examine the body, end the
locality where the death took place, and will insti-
Kardar's duties on arrival. ......
tute such further inquiries as may appear to him
advisable, committing everything worthy of note to writing on the spot,
for the information of the Deputy Magistrate of the district.
5. But if is quite clear that the sudden death was natural or accidental,
and that no blame attaches to any living party, and
Body may, under certain cir- jf tne j-,oc|y should begin to be offensive before any
ctimstances, be buried before the r\m ¦
inquest. Government Officer arrives to hold an inquest, then
the Patel may hold the inquest, and give orders' to
bury the body, and he shall submit the report of the inquest to the Govern
ment Officer as soon as he arrives. But the Patel will be held responsible
that this course is not pursued without good cause.
6. The Headmen of villages should be warned that any failure, on their
„ , • , .„„ , , part, to perform faithfully the duties assigned
Headmen of villages to be ' ' _ ' J °
warned of their duty. them, will meet with severe punishment.
Form for inquest report. 7- A form for an inquest report is added for
general information : —
" We, the undersigned, having viewed the body ofthe late son of
[enter age, religion, tribe, and place of residence,] find that there
is a deep cut, commencing from the back of the neck, nearly severing the
head from the body, and which must have caused immediate death. There
are a few slight scratches and bruises on the face and left hand of the body,
but there is no other wound except that on the neck, which appears to
have been made with the sword.
From the appearance of the body, and the evidence of witnesses examined
by us, we are of opinion that the deceased son of vvas
murdered by son of on the . The
deceased had probably been dead about twelve hours at the time of our
viewing the body, which was lying on the ground with its bead towards the
north, outside the hut of in the village of
at the place where the murder was committed.
The sword with which the murder is said to have been committed was
produced before us, — the lower half much stained with blood. It is settled in
our presence and made over to Havildar of Police.
(Signatures)
__  Kardar of 
(Date)  Headman of 
 Zemindar of

Havildar of Police

71
8. A fine should invariably be imposed by the Magistrate in all cases of
sudden and suspicious death, where the body is
JtltUL Zr^Z buried ™**<»* permission of the authorities, except
deaths are concealed. good reason for the orders not having been com-
m plied with by the parties concerned is shown. It is
the most effectual check that can be devised against secret murder.

No. VIII.
RULES FOR GRANTING PURWANNAHS TO BEAR ARMS.
The Police are responsible to Government for the peace of the Province,
and they alone should grant Purwannahs to carry arms.
2. The Magistrate and Deputy Magistrates are often, from their local
knowledge, acquainted with individuals to whom the indulgence of carrying
arms for shooting game may be given, without risk of harm, and they are
at liberty to recommend any person to the Captain or Lieutenants of
Police for the grant of such Purwannahs ; and unless the Police are aware
of any objection, they should, as a matter of course, attend to such
recommendations. 3. These Purwannahs should be made renewable every year, by being
registered by endorsement in the office of the Lieutenants of Police.
4. The Magistrates should, from time to time, forward the names of such
persons as he may recommend to be allowed to use fire-arms for shooting game,
not included in the two lists of privileged persons mentioned in my Circular
No. 1941, dated the 26th November 1850, Political Department, and who
are entitled to Purwannahs (provided their conduct be good) as a matter of
right and privilege ; which is, however, a personal privilege and does not extend
to followers, for whom separate application must be made to the Captain
of Police, and separate Purwannahs granted.

No. IX.
REGARDING THE SALE OF CHILDREN FOR THE
PURPOSES OF PROSTITUTION.
Proclamation by the Commissioner in Sind.
Whereas it has been brought to notice that members of the Kunjur tribe,
to enable them to obtain girls for the purposes of
1$3£%££*^£1 Prostitution, go about the country, and, under the
semblance of marriage, purchase girls from the

72
Mohana, Shikaree, and other tribes. It is hereby declared and made known,
Kazees solemnising such mar- that any Kazee in Sind who may celebrate such a
riages punishable. marriage between any man of the Kunjur tribe,
and a female of tender years belonging to any other tribe, is guilty of a
criminal offence, and will, on being convicted, be
liable to such penalty not exceeding three (3)
years' imprisonment with labour, with or without fine, as the Court before
whom he is tried may award.
2. Any person of a different tribe, disposing of his daughter to any
Persons giving girls to be so Kunjur in marriage, for purposes of prostitution,
married also punishable. y/\\\f 0n conviction, be liable to punishment under
Penalty. Regulation XIV. of 1 827, Section XXXI. Clause 5,
and suffer such' sentence not exceeding (5) five years' imprisonment with
labour, with or without fine, as the trying authority may award.
„ , u j j 3. It is further declared that any such mar-
Such marriages null and void. J
riage is null and void.

No. X.
PEONS' BADGES.
The following extract from General Orders by His Excellency Lieutenant
General Sir C. J. Napier, g.c.b., Governor of Sind, dated Kurrachee, 20th
April 1847, is republished : —
"There are men who go about with belts across their shoulders and brass
badges. They pass themselves upon the poor
to wear Badgel"™11' ^ PeoPle as Government Peons, and do much mischief
—robbing the people, — all which is laid upon the
Government : It is therefore ordered that none but men in Government
employment are to wear these belts. Those of the Military Departments are
to be red ; those of the Civil Departments to be blue.
"Any man found with a belt over his shoulder, who is not in Government
employ, is to be taken up by the Police, and a report made to the Governor,
Penalty. wn0 's determined to prevent the tyranny which
has, in numerous cases, been inflicted upon the
people in Sind, especially by the peons of the contractors."
2. The Railway and Steam Flotillas may, in this respect, be regarded
Railway and steam Flotilla as Government institutions ; and shop-keepers and
Companies, as also Merchants in merchants in large stations may be allowed to use
large stations, excepted. .. . . , ,,,,,,,, , „, .
peons with belts, but the belt should be sufficiently
distinct to enable the people readily to distinguish them.

73
No. XI.
PROCLAMATION AGAINST TRESPASSERS.
By the Commissioner in Sind.
Whereas it has been brought to the notice of Government that no sufficient
punishment is provided for persons found trespassing in private premises at
unseasonable hours, and the peace and harmony of respectable families is
endangered thereby. This is to give notice, that any person found so tres
passing, and unable to give a satisfactory account of himself, will be liable to
be apprehended by the Police, and, on conviction, to suffer such ofthe penalties
laid down in Regulation XII. of 1827, Sections 19 and 45, as the trying
authority may deem fit.
H. B. E. Frere,
Commissioner.
Commissioner's Office, Kurrackee, June 1859.

PART V.

MISCELLANEOUS.

PAET V.

MISCELLANEOUS.

No. I.
GOVERNMENT OFFICES TO BE OPEN TO THE PUBLIC.
The attention of all Officers is drawn to the importance of admitting the
public into their cutcherries, and so allowing petitioners, and all others who
have business with them, free and unrestrained access, at all reasonable hours
upon days when their offices are open for the transaction of public business.
2. If the people have ready access to the European Officer, without the
necessity of intervention of Moonshees, Puttewallas, and other Government
servants, and if they see that what they state is understood without an inter
preter, the probability of frauds being committed by native officials is greatly
diminished, and detection facilitated, while the people themselves soon learn to
look up to the proper authority, instead of depending, as is otherwise too often
the case, upon the influence they may be able to exert with the Moonshee or
other subordinate, while the latter are much more careful to give no just cause
of complaint. No. II.
CASES OF TORTURE.
Government desire it to be clearly understood that every Officer that fails,
directly or indirectly, to record cases, however slight, of infliction of torture,
will be visited with their severest displeasure.

No. III.
POLICE HORSES NOT TO BE USED AS POST HORSES.
An impression prevails amongst some ofthe Civil Officers in Sind that they
are at liberty to use the horses of the mounted Police at the various Thannas

78
along a road, as post horses, when they may be travelling along the line
on duty.
2. Such a practice is most pernicious, inasmuch as it is unjust to the
- . ... ... owners of the horses, and, when extensively
Such a practice is unjust to ' ' •>
the owners, and detrimental to practiced, destructive of the efficiency of the
di8Cipline- mounted Police.
3. The practice of using the horses of the Police Sowars as post horses is,
.jo r l ¦ t., r tJJ therefore, strictly prohibited in Sind ; and these
And therefore strictly forbidden. ' J r '
horses are never to be employed on other than
their proper work, excepting in such emergencies as might justify the employ
ment, without the owner's consent, of the cattle of
Exceptions. a„y ^^ persQ^
4. Whenever, on such emergencies, the Police horses may be so employed,
compensation, at such rate as the Captain of Police
Compensation to be given. may decide to be equitable, is to be paid to the
owners of the horses by the parties using them,
who may prefer contingent bills for the amount when it may be justly charge
able to the State.
Equally applicable to the Offi- This prohibition extends also to the Officers of
cers of Police. tne Police.

No. IV.
JUDICIAL ASSISTANT COMMISSIONER.
The Judicial Assistant to the Commissioner, while on tour, will visit
the Offices of the Judicial Deputies and Deputy
To visit Adawluts, &c. Magistrates as often as his other duties may
permit.
2. The Judicial Assistant to the Commissioner should sit as an assessor
_ . while any civil or criminal trial is going on. His
To sit as an Assessor. . . , , ,
suggestions with regard to form and procedure,
whether in the conduct of trials, or with regard to records, returns, and other
matters of office routine, should, in all ordinary cases, be attended to, reference
being made to the Magistrate on any point where
His suggestions to be attended ,i „ T j- • l t\ . , i i,.i
to as a general rule. tne Judicial Deputy sees cause to doubt the pro
priety of any change recommended by the Judicial
Assistant to the Commissioner. 3 With regard to the decision of any case, the
The decision of the case to rest ii/r_ • < t t\ «. tit • . .„ ,
with the trying authority. Magistrate or Deputy Magistrate will, of course,
act on his judgment and responsibility.

79

No. V.

INJURY TO ELECTRIC TELEGRAPH POSTS.
Section X. of Act XXXIV. of 1854, quoted below, regarding Electric
'Telegraphs, is to be strictly enforced : —
"Whoever shall wilfully or negligently damage or injure any portion ofthe
injuring Posts, ke. Sect. X. 1™ °f such Electric Telegraph, shall be liable to
of Act XXXIV. of 1854. a fine not exceeding Fifty Rupees."

No. VI.
CONTEMPTS OF COURT.
1. The Kardars, Moonsiffs, or other Native Officers having Judicial
powers, should punish cases of contempt summarily
fine'unTr A^fxtx. of" under A<* XXX. of 1841, and fine under that Act
up to the extent of their respective jurisdictions.
2. As the presiding Officer is the best judge of what is a contempt of his
Court, and as it is an offence which is almost always
Form of record. committed in his presence, depositions are not
generally required.
3. But in cases where Kardars and Moonsiffs fine for contempt of Court,
they should report having so done, with a brief
Kardars and Moonsiffs to report . . „ , f .-, ,¦ , c ., r  ti,_
the cases. statement of the particulars of the case, tor tne
information of the Deputy Magistrate, who then,
if he consider it necessary, might make further inquiries, or simply record the
report. Such fines are, of course, open to appeal.

No. VII.
FEMALE SUICIDES.
In 1847, Sir Charles Napier issued the following Circular :—
"I call upon all Magistrates to warn the people that, where women are
found hanged, I am determined to make the whole
Sir C. Napier's circular. village suffer, unless the real story of the murder
is discovered, and the murderer is shown up. It
must be evident to every Magistrate, that nothing but the most arbitrary
treatmen tof the whole village can prevent this injurious and horrible plan
(which has apparently been adopted generally) of murdering the women, and
pretending that they committed suicide. I beg of the Magistrates to warn the

80
Kardars that they must find out the truth,— they can do so with ease,— and if
they do not, they too shall suffer. It is just one of those fearful conspiracies to
baffle a just law, that must be met with great firmness, and punished with great
rigor. I can see no other means of putting an end to such a piece of detest
able villany ; but it will require the greatest vigilance, on the part of the Magis
trates, to check this dreadful proceeding, and I have no doubt that every
Magistrate will do his best in so serious an affair.
" Proclamation.
"People of Sind,— The Government has forbidden you to murder your
wives— a crime commonly committed when the British conquered this country.
"This crime of woman-murder is forbidden by the religion ofthe English
conquerors ; who shall dare to oppose their law ? Woe be to those who do so !
" But this is not all. Ye Sindians, Beloochees, and Mahomedans, murder is
prohibited by your Prophet ! You, who murder your wives, outrage your own
religion as much as you outrage ours ! This the Government wilfnot permit.
"Government therefore visited with punishment such murderers, and the crime
began to disappear. Some foolish men among you believe that the English are
easily deceived, and you have, in a vast number of cases, hanged your wives,
and then pretended that these poor women committed suicide.
"Do you imagine that Government believe that these women committed
suicide ? Do you believe that Government can be deceived by such villany
that it will let women be thus murdered ? If you do believe this, it becomes
necessary to teach you how erroneous is your judgment, and if you persevere
your sufferings shall be great.
"You are therefore thus solemnly warned that, in whatever village a woman
is-found murdered, a heavy fine shall be imposed upon all, and rigidly levied
I he Government will dismiss the Kardar. It will order all her, and all her
husband s relations up to Kurrachee, and it will cause such danger and trouble
to all that you shall tremble if a woman is said to have committed suicide in
your district, for it shall be an evil day for all in that place
" You all know that what I say is just ; for never was woman known to have
committed su.cide in Sind till the law decreed that husbands should not
murder their wives; and this year vast numbers of women have been found
hanged; gross falsehoods have been put forth by their families that they com
mitted suicide; but woe be to their husbands! for the English Government
will not be insulted by such felons. The murderers shall be sent to labour far
away over the waters, and heard of no more."
2. Subsequent to this circular being issued, female-suicides became matters
r, ,. , of less frequent occurrence. But after two or threp
Proceedings subsequent to the ,, . tnree
Proclamation. years tliey again became more common, and reports
were called for and careful inquiries instituted; these

81
resulted in one discovery, viz. that no case of a Hindoo woman committing
suicide could be found, leaving it. tolerably certain that the practice commented
on by Sir Charles Napier was still unchecked; and in 1853 the result of the
inquiries showed that such cases were even further on the increase.
m 3. It was found that, between the 8th June 1852 and 9th April 1853, no
less than 42 cases had been reported, and in not a
No satisfactory reason to be . _ .
discovered for 42 cases of suicide, single instance were satisfactory reasons assigned
by the relatives, or discovered by the Police, for
the commission of these acts.
, . 4. The following rules were therefore issued on
Rules issued. .
the subject: —
" I. Whenever, in a case of alleged female suicide, there shall not be suffi
cient legal proof to obtain a conviction against the
Village when to be fined. , . , ,, , . ., ' , , .
parties for murder or culpable homicide, but when
ever there are sufficient reasons for suspecting, that the female did not destroy
herself, or that the inhabitants of any village, instead of affording every possible
assistance to the Police, obstructed them, and endeavoured to screen suspected
parties, it shall be the duty ofthe Magistrate, in conformity with the instructions
of Sir Charles Napier, to levy a fine upon the whole community, similar
to fines levied under Section XXXVII. of Rugulation XII. of 1827, and to be
realized in the same manner.
"II. The sentence should clearly specify the parties from whom, and the
mode in which the fine is to be levied.
"III. All magisterial authorities are enjoined to punish, with the utmost se
verity, aggravated cases of adultery. For, as adultery
Cases of adultery to be se- ail(j infidelity, on the part of females, are the causes
verely punished. J "
whichinducehusbandsand malerelatives to put them
to death, it is but fair and just that, while severe penalties are enforced against the
latter class of offenders, the former class should also be severely punished.
"IV. All persons convicted of adultery and sentenced to imprisonment, shall,
on entering any jail, be shaven, or subjected to
Prisoners to be shaved. , ., r c . .....
such other severe torms ot prison discipline as
may be in use in that jail."
5. These rules have doubtless had a beneficial effect; but as instances
Effect oftheserules beneficial ; became known in which persons attempted to
but rules to meet the case of at- commit suicide, the following rules were issued
tempts at suicide found necessary. „ . -,. , o ,
for the disposal of such cases : —
"I. The punishment by imprisonment or otherwise of a person who attempts
self-destruction, appears to be contrary to common
deaTwTth!834 sulddeW,obe sense; for no one can imagine that a person to
whom death has no fears, and who is desirious of
quitting this world, will, upon failing to accomplish his or her purpose, be
ii

82
likely to be deterred from further attempts by any punishment, which must in
itself be of less severity than the death which they are endeavouring to seek.
"II. The course to be pursued should be to expostulate with such persons,
and to pointout the folly and wickedness of desiring
Proper coarse to be pursued. r, , ,.*,.,, i ¦ ,1
to cut short that life which has been given them
by Povidence, as well for their own good as for that of others ; to combat
with the cause which led them to attempt suicide, and to excite the relations
and friends of the parties to adopt similar arrangements, and by their influence
deter the unhappy would-be self-murderers from their purpose.
"III. Cases may arise in which cruelty on the part of husbands or other
relatives may prove to have been the cause for
tivesrhow7t°onb,e1dePalttwrtfh:e,a" attempting self-destruclion ; in such instances,
severe lectures to the oppressor, and, if necessary,
taking security for future good conduct, should be had recourse to. It seldom
happens that persons commit suicide without some real or fancied ill-treatment,
and it is the exciting causes which should be dealt with, and not the unhappy
victim of them.
" IV. The regulations do not expressly make such attempts penal, and it is
Regulation XIV. of 1827, not wise to brinS SUch caSeS within the VeTy W.'de
Clause 1 paragraph 7, not to be provisions of paragraph 7 Clause 1 Regulation
applied- XIV. of 1827. For the future therefore such
cases should not be made subjects of criminal trials."

No. VIII.
THE RISE OF NATIVE JUDICIAL FUNCTIONARIES.
The following narrative will show the rise and progress of the civil and
criminal jurisdiction by Kardars in Sind : —
1. Although undoubtedly Kardars had long exercised an irregular and
unrecognised sort of judicial authority, yet the step of conferring on them
regular powers was much opposed by the officers in Sind. But after some
correspondence, Mr. Frere considered such a step justifiable, and in August
1851, the Kardars were first invested with civil and criminal powers. The
Commissioner issued a circular, stating that the measure was experimental,
but that he hoped it would prove a substantial boon to the people generally, not
only by making justice more accessible, but by relieving the European officers
from many petty details, which prevented their giving attention to matters of
greater general importance to the interests of the people under their charge.
2. The attention ofthe local officers was specially directed to assist to the
uttermost in giving the measure a fair trial, and a report was ordered to be

83
furnished at the end of November, on the following points— 1st, whether the
system had, as a general measure, worked well or ill ?— and 2ndly, what parti
cular modifications were desirable in it.
3. A draft of a sunnud was forwarded, to be granted to all officers
^o whom any judicial powers are assigned,— intended to remind them of the
general duties and responsibilities of their office.
4. Drafts of particular rules for the guidance of each class of officers were
also sent.
5. In delivering the sunnud and rules, the Magistrate and his Deputy
were directed to bear in mind that the object was both to impress the officer
with a sense of the responsibility invested in him, and also to let those under him
become aware of the exact nature and extent of the powers conferred, and
the importance attached by Government to their proper exercise. It was
pointed out that this course vvas especially desireable in a country like Sind,
where the people had been used to see great and undefined powers exercised
by men who had not the smallest possible claim to the character of servants
of Government, whilst those who were really Government servants of high-
rank, often lacked the powers to give redress in the most petty cases.
6. Copies of the document so delivered were ordered to be fixed in some
conspicuous part of the dehra, or place which the recipient commonly used
as an office, and to be there kept in a state legible by, and accessible to all
who might wish to inspect it.
7. Rules for the administration of civil and criminal justice by Kardars
and Foujdars were likewise drawn up.
8. The criminal powers therein given were, it was explained, intended to be
exercised by all Kardars within their several jurisdictions; but with a view to:
divide the onerous duties of the Sudder stations, and to avoid interference with
existing Police arrangements, the Kardars were not to exercise these powers
within the limits of the towns of Kurrachee, Hydrabad, and Shikarpoor,
where Foujdars had been appointed.
9. With regard to the administration of civil justice by Kardars, alii
such officers, including those at the Sudder stations, were to exercise these
powers. 10. In other words, it was ordered —
1st. — That in the districts the Kardars will exercise the jurisdiction now
confined to Magistrates and Deputy Magistrates, in all cases civil
and criminal, up to the limits fixed by the rules; and —
2nd. — That at the Suddur station the Foujdar will exercise the jurisdiction
in criminal, and Kardar in civil cases.
11. The Magistrate and his Deputies were directed to revise, mitigate, or
annul, but not enhance, any sentence passed by native functionaries under
their orders. When a sentence so passed appeared too lenient, it was to be-

84
annulled, and the case sent up to the Magistrate or his Deputy to be tried
by them.
12. These officers were further reminded that the beneficial exercise ofthe
powers conferred on the Kardars, would be best promoted by interfering as little
as possible in the way of alteration or mitigation of their sentences, which should
only be altered when it was absolutely necessary to prevent injustice, but
that every error or omission should be pointed out for their subordinates'
information and future guidance ; and it was suggested that this would be the
better done by personal communication and example, than by increasing the
amount of correspondence.
13. Finally, the Magistrates and Deputy Magistrates were enjoined to
endeavour, as much as possible, to carry the feelings of the people with them in
this or any other measure of improvement ; and to enable them to do so, they
were directed to exert themselves to obtain speedy justice for the poor, and to
repress any attempt which the native officials may make to use their authority
for improper purposes.
14. The results of these experiments proved highly satisfactory. In the
year 1852, the introduction of the revised establishment caused some few
modifications to be made, the chief of which were as follows. Kardars were
divided into three classes : —
I. Mooktyarkars.
II. Kardars, who exercise their powers independent of a Mook
tyarkar.
III. Kardars, who are subordinate to Mooktyarkars.
15. All of these classes were invested with the criminal powers conferred
by the former circular, and were, in addition, allowed to disperse of all civil suits
up to Rs. 50, provided the cause of action occurred within two years previous
to the date of the petition.
16. They were further permitted to receive plaints in cases in which the
amount exceeded Rs. 50, and were furnished with instructions how to forward
them to the Deputy Magistrate for disposal.
17. Kardars and Foujdars at stations where the European officers were
present, were authorized to sentence to hard labour, subject to confirmation.
18. Naiks or Head Moonshees of 1st and 2nd class Kardars, were
empowered to exercise the jurisdiction of a Kardar
20 £$? °impi,es'onment. to the full extent during the absence of the Kardar
from the limits of his own jurisdiction ; and to the
extent of 12 hours' confinement in the stocks, Rs. 5 fine, and eight days
imprisonment in the lock-up, while the Kardar is absent from his head-quarter
station on circuit within his districts. They were also allowed to commence
all serious cases by recording the depositions, &c. in the Kardar's
absence.

85
19. By the same circular, Moonsiffs were appointed at the three head
quarter stations, with powers to decide civil suits not exceeding Rs. 200.
20. The local officers were further directed to report on the system at the
end of the season of 1852-53.
p 21. These reports were received, and proved, beyond doubt, that the
measure was most acceptable to the people, and that increased powers might,
with advantage, be conferred on many ofthe native officials.
22. A circular was accordingly issued, which, with subsequent modifica
tions, contains the present extended criminal powers
No. 40 of 17th January 1854. exercised by the dist,.;ct officia]s.
The Kardar' s civil jurisdiction was afterwards increased to Rs. 50, unfettered
by any other limit than that of Regulation V. of 1827, and the Proclama
tion of Sir C. J. Napier, and subsequently to Rs. 200.
These powers, as subsequently increased, will be found set forth at pages
40 and 59.

No. IX.
CRUELTY TO ANIMALS.
Cruelty to dumb animals, by overloading them, by starving them, or by
over-driving them, when, from disease, sores, or
Cruelty to animals forbidden. . • i_ j i-i- j.i a... i .
J impoverished condition, they are unfitted to carry
burdens, is prohibited.
2. Instructions have been issued to the Police to seize any camel, horse,
pony, ox, bullock, buffalo, donkey, or other beast
Police to apprehend owner. rij ju • i r j . . j j
ly of burden or dumb animal found so treated and
to take the owner before any Kardar or other magisterial officer ; and such
owner, on conviction, is declared liable to punish-
Punishment to be awarded. , , _ , .¦ • • <- r> i ...
ment by fine, under the provisions ot Regulation
XIV. Section I. Clause 1 paragraph 7 of 1827, not exceeding Rupees
(5) five for the first offence, and not exceeding Rupees (20) twenty for any
subsequent offence, commutable to a period not exceeding in the former ten
days', and in the hitter to one month's imprisonment, with or without labour.

No. X.
SUBORDINATES TO BE SUMMONED THROUGH THE
HEAD OF THE DEPARTMENT.
As a general rule, when officers of one department have occasion to sum
mon parties belonging to another department, the summons should be sent
through the officer under whom the parly required may be serving, unless in

86
cases of emergency, when it may be served direct ; intimation of it, and the
cause of the emergency, should be sent, as soon as possible, to the superior
officer of the department.

No. XI.
FINING OF PETITIONERS DISCOURAGED.
The fining of petitioners for making complaints, which the party complained
against fancies false or frivolous, is an illegal and mischievous system, and
is one which, if practised by European authorities, will doubtless be followed
by Kardars, and every native functionary down to the lowet peon.

No. XII.
SINDEE TO BE THE OFFICIAL LANGUAGE OF
THE PROVINCE.
The native record of all judicial proceedings of every kind should be kept
in Sindee, with the exception of depositions, &c, by
Judicial proceedings to be . . . _,.
recorded in Sindee. parties who are not natives ot bind, or papers
originally written in some other language.
2. In cases where the services of an interpreter are required, in conse
quence of the language of the deponent being
Cases in which the language ¦ . . . i ¦
of deponent is foreign to Siud. foreign to Sind, and one with which the Court and
its officers are not acquainted, the deposition may
be recorded in any language most convenient in the Court.
3. An abstract of the finding and decree or sentence mav be recorded
in the language of the trying authority. When
cortddttLtngeuag0eofe[h; that language is not Sindee, a Sindee translation
trying authority, and a Sindee must be made, signed by the trying authority,
translation made, if neceesary. < i j .,i .1
' and recorded with the case.

No. XIII.
SIZE OF OFFICIAL PAPER.
All proceedings, yadis, &c. in the native languages, whether in the civil and
All documents in the native criminal courts, or in revenue and other matters,
language to be written on paper should be written on paper cut the exact size of
cut foolscap size. r , , . , ...
loolscap ; and wben more than one page is required,
instead of joining on a piece at the bottom, the writing should be continued
on both sides the paper, as in a book or English correspondence.

87

No. XIV.
PUBLIC OFFICERS NOT TO ASSIST PEOPLE TO PETITION.
m Government consider the practice of public servants assisting parties to
prepare petitions, memorials, and representations on official matters, to be
particularly objectionable, and therefore direct that it be strictly prohibited in
all departments, both as regards European and Native officials.

No. XV.
PUBLIC CORRESPONDENCE.
With a view to the reduction, as far as possible, of the correspondence
Rules for the reduction of cor- between the subordinate officers and the Commis-
respondence within the narrowest sioner, the following rules should be, in future,
strictly attended to: —
1st. — In reporting, for the information of the Commissioner, any facts or
circumstances of an ordinary and simple character, all officers, through
whom such reports may pass, should hand them on, with an endorse
ment thereon.
2nd. — In reporting subjects of a more complicated character, the enclosures
are to be confined to such letters and statements only as are requisite
for the purpose of full explanation and elucidation.
3rd. — When letters and enclosures are transmitted in full, they are to be
submitted in original, copies being kept, if necessary ; but whenever
practicable, without the risk of misapprehension or obscurity, extracts
of the material parts are to be made and attached to the correspondence,
in lieu of the original letters.
4th. — Whenever any public officer may have occasion to despatch more
than one official communication to the same officer by one day's post,
the whole shall be forwarded under one envelope — a narrow binder
being placed round each of the letters enclosed, and each being sepa
rately numbered.

No. XVI.
TREATMENT OF KARDARS AND OFFICERS OF RANK.
Kardars of districts, and Officers of Police not

Kardars and Police Officers below the rank of Jemadar, should always re
ceive chairs
functionaries.

entitled to chairs in their inter- . , . , - - - - , , ¦ _
views with European Officers. ceive chairs in their interviews with European

88

No. XVII.
SUNDAYS TO BE KEPT.
The orders of Government regarding the cessation of public works on
Sundays, contained in the notification of the Bom-
SuSfst^.?;.ohibL°dkSOn bay Government, dated the 26th January 1813,
republished by order of the Right Honorable the
Governor in Council on the 30th October 1854, appearing to be very imper
fectly observed, it is directed that the instructions of Government may, for the
future, be carefully attended to.

PART YL

JAILS.

91

PART YL
JAILS.

EULES TO BE OBSEEVED IN ALL JAILS.
Section I.
INTRODUCTORY.
1. The three Sudder Jails in Sind are each under the charge of the
Jails, under whose charge.

Establishments, Sudder Jails.

District Jails.

Lieutenants of Police ofthe Zillah, and the District
Jails under the respective Deputy Magistrates.
2. There is at each of the Sudder Jails a Marshal, who is responsible to the
Lieutenant of Police. There is also a Deputy
Jailor and a Matron, and such staff of Assistants as,
from time to time, may be requsite.
3. At the District Jails there is a Jailor and Deputy Jailor, who are selected
from the Police. They are while so employed under
the immediate orders ofthe Deputy Magistrate
of the district.
4. No prisoner shall be received into any criminal jail without a warrant or
No prisoner to he received written order, after the annexed form, signed by the
into a Jail without a warrant. Magistrate or Deputy Magistrate. Warrants for civil
prisoners are to be signed by the above-named officers or by the Moonsiff.
Form of Warrant.
To the Officer in Charge ofthe Jail at Hydrabad.
You are hereby required to receive charge of the undermentioned prisoner,
and to dispose of him according to the sentence, Gf which an abstract is given
below : —

Prisoner's

Nature
and date of
offence
charge d.

Officer by
whom
committed to Jail.
Captain Cowper.

Date of
commit ment.

Period fot
which lieh
to remain
in Jail.

Nature of

Name.

Father's Nil INC.

\ ge in
Years.

Religion.

Tribe or
Caste.

Village.

punish
ment he is'
to undergo

Futtah
Mahomed.

Abdool Kaza.

21

Mahomedan.

Kaskellee.

Taroo shah.

Bobbery,
With force,
by night.

15th
Sept. ]g_8.

3 Years.

With
labour.

Dated, Deputy Magistrate's Office at Tarooshah, R. Cowpam, Captain,
the Ibth day of September 1858. Deputy Magistrate-
Filed, General Jail Register, No. 154.,
C. E. Naylob, Lieutenant of Police.

92

Separate warrant for each pri
soner, which is to he counter
signed by the Officer iu charge of
the Jail.

General Jail Register.

5. There shall be a separate warrant for each
prisoner j and, on receipt ofthe prisoner, the warrant
shall be countersigned by the officer in charge
of the jail.
6. These documents are to be daily filed,
and from them the General Jail Register Book
is to be compiled.
7. All gentlemen in civil employ in Sind, ex-officio visitors, and military
officers, European and Native, when in uniform, are
Visit01'a- to be allowed admittance to the jails, the Marshal
or Deputy Jailor attending them during the visit. The officer in charge of
the jail will give such instructions as he may consider desirable, regarding the
admission of other occasional visitors; but, as a general rule, no respectable
person, either European or Native, should be debarred the privilege of visiting
and inspecting the jails, on making due application, — care being taken that
their visits do not interfere with the regulations for the safe custody of the
prisoners. 8. A visitors' book is to be kept, in which they should be requested to enter
their names, adding any observations they may
have to make on the state of the jail.
9. The officer in charge of the jail shall visit it, at least, once a month, and as
much oftener as he can, to redress grievances, and
Officer in charge to visit Jail ° .
once a month. see that the rules for the management ot thejml
To forward petitions of p.-i- strictly adhered to. He shall receive and
soners. ¦>
forward to the Commissioner or other officer any
petitions addressed to them, each petition to be accompanied with a roll
sifter the annexed form; but petitions from convicts, sentenced by military
authorities, are, by the orders of Government, to be transmitted direct to
the Adjutant General ofthe Army, for submission to the Commander oflhe
Forces.

Petition Roll.

Name of Petitioner.

Nubbee Buksh .

When, where, and
by whom tried.

Abstract of Crime
and Sentence.

Snbf-tance of Petition, with remarks of the
Officer in charge of the Jail.

1st October 1858. Robbery, without

Jurruck.
Captain Southey.

force, by day
One year's impri
sonment, with
labour.

For release, on account of unfair
ness of trial.
Prisoner is a troublesome character.
Petitioned the Magistrate on 1st
January lust: — disallowed.

93
10. The following books are to be kept in trie Sudder Jails, and such of
them as may be required in the District Jails : —
In English.
1. General Jail Register ol Prisoners.
2. Jail Minute Book.
3. Visitors' Book.
4. Punishment Register.
5. Daily Report of Prisoners in Jail.
6. Register of Contingent Bills, and Expences incurred on account
of Jail, &c.
7. Prisoners' Property Register.
8. Account of deceased Prisoners' Estates.
9. List of Articles manufactured by Convicts.
10. Petition Register. In Sindhee.
1. Daily Report, showing how each Hard-labour Prisoner is
employed.
2. Prisoners' Friends' Register.
3. Daily Report of Prisoners in Jail.
4. Register of untried Prisoners.
5. Day Book, Jail Workshop.
6. Ledger do. do.
7. List of Sick Prisoners, without Irons.

Section II.
DISCIPLINE.
11. On the admission of any prisoner to jail, he will receive at once, if
convicted, a blanket and suit of jail clothing, with
^Admission of prisoners to sleeping mat ; he will, if his sentence exceeds six
months, be shaved, and have his hair closely cut.
12. His property is to be entered in the book kept for that purpose, and
Prisoners' property to here- according to the prescribed form, the entry read
gistered and preserved. over to njm) aud his mark or signature taken.
12. He will be presented the following morning, with the register record
ing his name, age, and caste, crime and sentence,
Prisoners to be examined by t t, medica] officer w)l0 wil[ examine his capa-
medical officer on admission. _ ' r
bilities for hard work, or the contrary, his state of
health and apparent sanity of mind, and will either admit to hospital, or
¦ certify his fitness for hard labour, or solitary confinement, in one of the
columns of the jail admission book.

94
14. Every prisoner, when presented to the Surgeon for examination, must
Prisoner, when presented to ,iave his blanket, jail dress, cap, leather gaiters,
Surgeon, to have all his clothing, anrJ fetters or ankle-ring fastened on, and the
medical officer will certify if they are in good con
dition and of proper quality.
15. If the prisoners are transferred from one jail to another, two different
„ forms of descriptive rolls in English, the one signed
Prisoners transferred from one .it. <¦— > i- , °
jail to another. by the Lieutenant of Police, the other by the me
dical officer, are to be sent with them, with good
and complete clothing and bedding. 16. On their arrival at the new jail, these de-
State of health and clothing to scriptive rolls will be carefully compared, and the
be examined by medical officer . .
on arrival. state of the prisoners clothing and fetters entered
at the foot by the medical officer.
17. A list of the jail articles sent with the prisoners is to be delivered by the
officer in charge of the guard ; and all these articles,
Articles of clothing, &c., sent whether tents, cooking vessels, clothing or fetters,
with prisoners, to be returned or i i
paid for. are to be returned at once under charge of the
same guard, or their value (as marked in the list)
remitted by treasury order, at the option of the receiving officer.
18. During their transit from one jail to another,
During transit to be secured tne prisoners should, if possible, be encamped at
at night. ' - ' v
Videpa 59. night inside a chowkee or other building, and be
fastened to a chain provided for that purpose, all
being attached to it before dark.

Section III.
CLASSIFICATION.
19. All female prisoners are to be kept in the female jail, totally separate
Classification and separation from tne male convicts, and under the immediate
of prisoners. charge of the Matron.
20. No female prisoner should ever be taken out of the female jail save
Female prisoners to be strictly to tnd female hospital, except on occasion of being
kept in the female jdil. released.
21. Authorised interviews with any ofthe female convicts must always be
T , ..,»¦. held in presence ofthe Jailor or his Assistant, and
Interviews with friends. ' '
the Matron.
Classification of male pri- 22. The male prisoners should be kept in separate
( ' ' wards, according to the following classification: —
1st. — Prisoners under examination, or not convicted or convicted but
pending the sentence being confirmed.

95
2nd— Debtors, civil or revenue.
3rd. — Europeans and Eurasians.
4th. — Boys and juvenile offenders under 16 years of age.
5th. — Cases of misdemeanours of sorts, and petty offences.
Qth. — Cases of theft of sorts, according to class.
23. A Muccadum or Ward-Master, chosen from the best-behaved prisoners,
Prisoner-mnccadums in charge is appointed to each pendall or barrack, and is
of the barracks. expected to keep the prisoners and building in
good order, — strict attention being paid to cleanli
ness both in the barrack and yard.
24. If anything occurs during the night, these men are expected to report
it at once to the Turnkeys; and should a prisoner
Muccadum to report to Turn- escape after being locked up, they will forfeit the
keys. . ' , s. l> J
privileges they enjoy.
25. At gun-fire or daylight, the prisoners are roused; the Muccadums
, ,. , t report to the Turnkeys (before the doors are open-
Prisoners to rise at daylight. r . , J '
ed) if all the prisoners are present.
26. The barrack doors are opened, the night-pans removed immediately
_ . „ , . by the sweepers, bedding rolled up and taken out
Barracks or pendalls to be _ ^ ' ' ° r
cleaned, andbedding aired in the into the air, the floor and walls of the barracks are
morning. .. jeepe_ " on tjle regular days (varying according
to the station, damp places requiring it less frequently than dry situations), and
the yards swept and cleaned.
Work to commence half an 27. Work should be commenced by all within
hour after. najf an hour after the doors are opened.
28. When the prisoners sleep in barracks, lights should be kept burning in
each ward during the night ; and, whether in pendall
Every prisoner to sleep in one 0T barrack, each prisoner should be made to sleep
allotted place. . ,, ' . .-,, , , , ,
in one allotted place, bhould he make any attempt
at escape during the night, the prisoner who sleeps on either side of him will be
considered answerable for neglect, in notgiving notice to the Muccadum or patrol.
29. No hired coolies or other persons are allowed to work with the prisoners
either in the garden or elsewhere, except in the case
Prisoners not to work with e i • i ¦ i ¦ n . , i a- i
hired labourers or mechanics. of mechanics, hired specially to teach a particular
trade, such as tent making, carpet weaving, &c.
30. It is most important to act strictly up to the intention ofthe order
prohibiting all out-door labour, the object being
a nit*™ lab°Ur prohibite<1 as to make the prison a place both of punishment and
rigorous exclusion from the benefits of freedom or
association. Note. — This applies to the head quarter jails. In the district jails, where there
are no work-shops, the prisoners may be employed on public works.

96
31. All tobacco, opium, churrus, or other luxuries are equally prohibited.
If opium is ordered by the medical officer for any
Opium and smoking prohi- one, the prisoner receiving the drug is to be
1 e ' considered a hospital patient, and will receive
hospital rations.

Section IV.
CONSERVANCY ARRANGEMENTS.
3-. Cesspools being found by experience to become permanent nuisances,
„ , , ., the best way of disposing of refuse matter from the
Cesspools prohibited; night- .... , J , , , „ .
soil to be removed daily. jail, is to have a trench dug at the furthest end of
the garden or other convenient spot, into which
the filth should be thrown every day. The trench, which should be twofeetin
depth, should be kept ready dug, and the necessary space required for the re
ception of each day's refuse matter, should be filled in every evening, covering
it over with an embankment of two feet of earth on the top, to prevent the possi
bility of any effluvium during the rains. These trenches have now been in use
inmost of the jails in the Punjaub for several years, and are found to answer
admirably: perfect decomposition is effected within a period of six months,
and no other manure is required for the soil.
33. The clearing out the necessaries, and removing the earthern night-pans,
to be the first thing done every morning; and the
Necessaries to be cleaned out ,_ , , °. . , ... \ , . , ,
the first thing in the morning officer in charge ot the prison yard will be held re
sponsible that this is done at the very earliest hour,
both in winter and summer, so that no annoyance may be offered to any one
from the removal of the jail sweepings.
3J. The night-pans and earthern pots used in the wards are to be well
washed after the contents are emptied, and to
Night-pans, &c. to be well ., ... . , ,,
cleaned. remain in the open air until evening, when they
will be brought into the barracks and placed on
sand, which should be occasionally taken out and dried.
35. At each well, the surplus water should be allowed to drain into a large
Surplus water of well to be ea,t»ern " kund " sunk in the ground, or a " pucca "
received into reservoirs, and then reservoir, made with a concave bottom, for the
sprinkled over the ground. , . . , . ,, .
greater convenience in emptying the contents,
which should be sprinkled on the ground of the jail yard two or three times
a day. 36. Asa rule, no "pucca "drains are required in any part of the jail ; they
"Pucca "drains prohibited. a™ costlv> and become offensive, from being im
properly made use of by the prisoners. A shallop

97
surface drain, made on the ground, with well-rammed " kunkur," or broken
bricks, is the best means for carrying off rain-water, and it can be effectually
cleaned or renewed from time to time.

Section V.
FETTERS.

37. The ordinary fetters for use in the jails in Sind are to be of two kinds,
bar and chain, each of a uniform size and weight,
Fetters to be of a uniform size ,. , ,_ •, , ,, e . , , '
and pattern. according to the prescribed patterns tarnished to
every prison, and which are ordered to be kept
with the pattern clothing in the jail office, as the standard in making up a
fresh supply from time to time. Each pair of chain-fetters is to weigh 2\ lbs. ;
and each pair of bar-fetters is to be 18 inches long,
Weight, size, and general , - „ . . _ . . , . c ,_ , , .
directions for making fetters. and 5 lbs. in weight, inclusive of the ankle-rings.
They should be well rounded, and the upper ring or
connecting-link should be strong and very small, to prevent the introduction of a
stick or other substitute, which, on being turned round, could easily break them.
38. The ankle-rings should have double rivets, and be made very round
.... , . , . and smooth: care is specially required that the
Ankle-rings how to be made. . r j i
ring be not made large enough to allow of the
prisoner drawing his foot out, as is very commonly done; the thickness of the
ring should be fully half an inch, to prevent bending or breaking.
39. The fetters and rings shoudd be kept clean and free from rust, and be
examined carefully, at least, every week. If worn
carefully e'xami.red" ^^ ^ tIlin '" ^ Pa,t> ^ sh°U'd be at °nCe rem0Ved>
and replaced by others.
40. A leathern gaiter, kept soft by oil, is to be constantly worn by every
The leathern gaiter to be con- prisoner under the ankle-ring, to prevent the skin
stantlyworn under the ankle-ring. _ejnp- chafed.
„ .. , t 41. The ankle-rings are not to be tied up by
No cotton or other rag to be a .
allowed round the lings, nor are string attached to the calf of the leg, nor is any
they to be tied up to the calf of ^j.. Qr w_0,le_ rag a,lowed tQ be wom unde,. or
over the rings.
42. To prevent the risk of suicide or escape, the
!eaSrnot°string oTro^ h" fette's are ordered to he suspended to the waist by
a strip of leather, instead of rope or string.
p ,t , , . , , 43. The fetters are not to be taken off any pi i-
. Fetters not to be removed from _ i I ¦
any prisoner without a written soncr without the written order of either the Lieu-
order" tenant of Police or Medical Officer, the entry being
made in a book kept specially for this purpose.
13

9S
44. On any prisoner being discharged cured from hospital, and delivered
,. , , over again to the jailor, it will be his duty to see
Prisoners discharged cured n . . P . r •
from hospital to be again ironed that the same description of iron fetter is worn by
Bsbef("e' him as was the case before his admission to hos
pital, so that no excuse may be subsequently offered of a prisoner having his
fetters exchanged, or removed while sick.
„,_..,. , 45. The bar-fetter is to be used as a punish-
Bar-fetter when to be used. ment —
Ast. — When the prisoner has broken jail or attempted it.
2nd. — In cases of insubordination, or when the prisoner is known to be of a
violent disposition : in such cases, the officer in charge of the jail is to
record the reason for it in the jail minute-book.
3rd. — When the medical officer recommends it in the case of malingerers.
46. Prisoners, when taken from the jail for examination to the Magistrate's
„ . . , ...... cutcherry, are not to have their hands fastened
Prisoners taken to the Magis- ¦"
trate's court from the jail, to be by a rope or cloth, but are to be secured while in
secured in pairs by handcuffs. trangit ._ ^ by handcuff; fastened on one wl;st
only, and secured, if necessary, when more than four prisoners are in one
party, to a light chain, which passes through the hasp of the handcuff, and is
instantly removed or applied.
47. For dangerous characters, or those sent in from the district under
serious charges, the bar-handcuff, attached to
ba"E?uffs.Chai'aCtm t0 hav° both wrists> may be adopted for the greater secu
rity of the prisoner.

Section VI.
CLOTHING.
48. Every prisoner is to wear a suit of jail clothing, according to the one
uniform pattern supplied for general adoption ; this
is toTe''uln!fonrn01!ClotW"S "^ co,l!iists of a quilted cap, a coat made of doosootie,
and a pair of pvjaminas, both dyed orange-yellow
(babool); he is also to be provided with a blanket and sleeping mat for night.
49. In the cold weather the coat is replaced
Cold weather addition. by a wadded one, and an additional blanket is
served out.
50. Great care should be taken that the winter clothing and blanket be
Period foi issuing winter cloth- available, and delivered to all the prisoners by
'ins- the 1st October.

99
51. The summer clothing should be issued by the 15th of March, and
care be taken for the prompt and careful repair of
Summer clothing. ,. . . , , . , , , , , . ,
the winter clothing, extra blanket and rug, which
are to be taken back into store when the summer clothin_ is issued.
m 52. The prison dress is ordered to be worn by all sentenced criminal
_..,,. , prisoners except Europeans and Chinese ; and no
The prison dress to be worn by • ' ' >
every convict except Europeans others should be allowed to retain any portion of
and Chinese. .. • . ¦ ., • ¦ •¦
their own private clothing in jail.
53. The prisoners' clothing should be all made in jail, and the uniform
....... , . . . pattern preserved, by introducing a cross stripe of
A distinctive mark is to be ' ' ' J .... . .
adopted in making cloth for pii- a different colour, so as to distinguish it, as of jail
s0"a" ' K- " manufacture, from any ordinarily sold in the bazar.
By adopting a particular and distinctive jail pattern, a great check against
peculation is established.
54. No pockets or opening in the lining should be allowed to be made in
any part of the coats, as is constantly done for the sake of concealing tobacco,
money, or food.
55. The blanket is never to be worn when the prisoners are at labour, and
on no account is it to be used for carrying grain,
widie'atwork! ^ *° ^ ^ atta> or other substances in, or to be twisted up
and placed on the head.
56. The additional blanket allowed during the cold season should have a
red stamp, or other distinguishing mark by which
JE^to^rtS and *. <=an be easily recognized ; and this blanket, being
not to be removed from the sleep- given only for use at night, should never be taken
'" ' out of the barracks when the prisoners go to work.

Section VII.
DIETARY.
57. A standard allowance of food has been fixed for adoption in all the
jails in Sind; a copy of the scale made out in
English and Sindee is placed on a board at the
The dietary cannot be altered • ., ffi QJ. entrance.room . jt cannot he departed
without special sanction. ¦> ' l
from without special sanction obtained from higher
authority, through the Captain of Police.
58. As the health of the convicts mainly depends on the goodness of the
food supplied them, the special attention of all
The health of the prisoners officers is called to this point; and, in order to
mainly depends ou the quality of ..... , , . , , .
-their food. prevent inferior or unsound grain being tendered,
it is ordered that a week's supply of all provisions

100
• , . , ... ... required for the prisoners shall be brought to the
Food to be tested by medical ^ ' a
officer and officer in charge of jail every Monday morning, and there examined by
1 eJai ' the medical officer and officer in charge of the jail
simultaneously, when it will be either received or condemned, and an entry
made in the jail minute-book accordingly.
59. The scales used in the godown and cook-houses are to be examined
every week; the weights should be iron, marked
Scales and weights to be accu- with a proper stamp, and tested from time to
rate, and tested occasionally. Ume tQ ascertain that tIley are perfectly true and
correct.
„, . . . ., „ , , 60. Messes of twenties being ordered as the
Messing being the Bxed role, _ °.
no prisoner is to be allowed to fixed rule without any exception, in every jail, all
cook for himself. cooking is to be strictly confined to the cook-houses.
61. Care should be taken that a constant supply of vegetables be available
-.!.,.. j j throughout the year. In places where there are
Vegetables to be procured, and , .
when practicable to to be raised jail-gardens, they should be so managed as to
in tiejai -gar en. provide the requisite description and quantity.
, ., , . , ,. ., , 62. The jailor should be held responsible for
Jailor to be held responsible J _'
for the supply and quality of the the supply of the food and other articles of con
sumption, which he is to examine daily.

food.

Section VIII.
PRISONERS' PROPERTY.
63. All cash, jewels, and ornaments should be preserved in a chest, placed
under the jail-guard, and the clothing and other
the jaail-Pguard.y ° B eptU" ** property is to be tied up in bundles (bearing a
clothing, &c. to be kept in a ticket outside, showing clearly the name, register,
separate store-room. , .
number, and contents), and placed on racks in a
separate building or store-room, which should be used for no other purpose.
64. The key of this godown is to be kept by the
Key of the godown in which itailor himself, and he is to be held personally re-
it is kept to be in the possession * . '
of the jailor. sponsible tor the careful registry and sate preserva
tion of these articles.
65. On a prisoner's release he is to receive his property in the presence of
, , „ „ . . „ the Lieutenant of Police (who signs the column in
A prisoner, on release, is tore- v =
ceive his property in the presence the register to that effect). No person on the prison
of the Lieutenant of Police. , ... . . , . ,
establishment is to be permitted to receive or use
any article belonging to a prisoner, whether given to him or not, either before
or after the prisoner's release.

101

66. When a prisoner is transferred from one jail to another, the
Prisoners' property to be sent whole of his Property is to be sent with him,
with them when admitted to, or together with a full and correct list of the

transferred from jail

articles.

„ 67. In cases where the term of imprisonment exceeds one year, the clothes
Where the term of imprison- or perishable property should be given to prisoner's
ment exceeds one year property friends, or sold at the cutcherry or foujdaree, and
the cash produce entered in the register accordingly.
Register of Properly belonging to Prisoners confined in the Jail,
whether convicted or under trial only.

Name.

Father's name.

Date of
admis sion.

Date of
propertyreceived at Jail.

Jewels.

sun
dries.

Value from
sale of the
above, where
the Pri
soner's term
is above
one year.

Date of property
(or cash value
from sale) being
returned to the
Prisoner on his
release.

Signature of the
Officer in charge
of Jail, in whose
presence the
property was
delivered to the
Prisoner or his
Heirs.

Note. — The property is to be entered at the time of its being received, without waiting until the
prisoner is convicted or sentenced. If the prisoner is transferred to another jail, the whole of
his property is to be sent with him (with a list thereof), not forwarded afterwards.

Section IX.

PRECAUTION AGAINST ESCAPE.
68. It must be laid down as a fundamental rule,
and constantly and rigidly acted up to, that every
prisoner is under the care of a particular guard,
who will be held personally responsible in case of
his escape.
69. The guards should fully understand that imprisonment is the penalty for
allowing a convict to break jail through their neg
lect. A fine can always be paid by the prisoner's
friends, and simple dismissal will never check the
evil.
70. In the case of a prisoner escaping, a report is to be made at once (in
English, and not vernacular) both to the Com
missioner and Captain of Police, as well as the
Lieutenants of the other zillahs. In this report
full details should be given of the time and cir
cumstances under which the escape was effected.

Every prisoner to be con
sidered under the care of some
guard, who is responsible for his
safety.

Imprisonment, not fine, to be
the penalty in case of neglect.

An immediate report of any
prisoner escaping from jail to be
made to Commissioner and Cap
tain of Police.

102
71. A subsequent report is to be made in case of re-capture, stating the
particulars thereof, any reward which may have been granted, and the degree of
blame attaching to those by whose neglect the escape vvas accomplished ;
in the case ofthe guard being tried, the result of the trial is also to be reported.
72. All superfluous articles used in building or repairing the jail, such as lad
ders, pulleys, ropes, &c, are to be altogether removed
All ladders, poles, and ropes t • h(. and k t at _jstance from the prison.
to be removed from the jail. & r . .
No store of firewood is to be kept inside the jail.
. ,. , . . , „ 73. Ail articles required for the manufactures
Articles required for manufac- ^
tnres to be kept in the work-yard, are to be kept in the work-yard, and not brought
notiutheJail- within the prison-yard.
74. The tools used by the blacksmiths and carpenters, as well as powrahs
and hatchets, should be caiefully counted every
nnd™ the^iHutd1:^ "'^ evening, and placed under the charge of the guard
outside the jail, or in the work-yard.
Pegs or sticks in the walls 75. No pegs or sticks are to be allowed in the
strictly prohibited. waj|s e;tllel. of the barracks or yards.
76. The prisoners are to be caiefully searched
Prisoners to be searched on he- n . , ¦ , <¦ . , • i i . , ¦ ,
ing locked up for the night. on being locked up for the night, and their wards
The wards and cells to be and cens exarnined carefully, both morning and
carefully examined. , J a
evening.
77. The greatest care is to be taken, when the relatives of a prisoner are
admitted to see him, that nothing is surreptitiously
The relatives of any prisoner to introduced into the jail, the interview being
be searched before beiug admit- i i_ u • .i «- . m r
ted to an interview. always held in the presence of two officers, of
whom the jailor or his naik should be one.
78. The walls of every jail and barrack yard or work-yard should be made
from 15 to 18 feet high, so that no prisoner can
l8feVeetrhiIh!lt0be'UtIeaSt'15t<> reaeh lhe ^ when standing on another man's
shoulders.
79. Great precautions are necessary in the hospital that the charpoys are
Precautions against escape not removed, or made available for assisting a
from hospital. Dangerous or prisoner to escape, by being placed against the
determined prisoners, if sick, i i •
should be attended in the soli- wall, and that the leg-irons are not removed from
tary cells, not in the hospital. any long-termed or dangerous characters. If
necessary on medical grounds, it would be advisable to keep such a case in
one of the solitary cells.
80. The poisonous drugs, such as opium, morphia, strychnia, &c, should be
All poisonous drugs used in kePl by the native doct°r under lock and key, and
the hospital dispensary to be not be accessible in any way to the convicts who
kept under lock and key. , . , . . ¦ , ,. ...
act as hospital servants, which class of men should
always consist of well-conducted prisoners.

103
81. So also with those men who Work in the garden or on public works,
.,.¦-,. , a list should be kept at the gateway of such as are
A list of such prisoners as work , ' ...
in the garden to be kept for re- privileged to go outside the jail for this purpose;
ference at the gateway. a_d the jai|or or his deputy shou]d always be at the
agate to see the gang go out and come in.
82. A single sepoy should never have charge of more than two prisoners
outside the jail; and if the prisoners amount to ten
A single" sepoy never to be in in number, three sepoys should accompany the
charge' of more thantwo prisoners . n • c. .u . v. . _ .
outside the jail. party, allowing, alter that number, an extra sepoy
to every four additional prisoners.
. __ 83. These men are, as much as possible, to
The prisoners in the garden \ ¦
are to work together, not in de- work together, and not singly ; the guard should be
tached parties. cautioned on this head.
84. A lamp is to be kept burning throughout the night at the gate-way of
the jail ; and there should be also kept ready for
A lamp to be kept burning at immediate use a stock of blue-lights and torches,
the entrance throughout the . .
night. oil and matches, so that, in the case of an attempt
Ulue-lights and torches to be , . , , . • ,, , ¦ , ,
kept readf for instant use. being made to escape on a dark night, light may
be instantly procurable.
85. A lantern is to be also kept ready for use at every jail entrance, for
the purpose, if necessary, of visiting the wards at
A lantern to be also at hand. ...
night time.
86. The padlocks used in every jail should be of English, and not native
manufacture; they should be each of a different
Padlocks to be of English, and pattern . an_ those used at night onlu, for locking
not native manufacture. ' ' . B ¦" °
up the prisoners in the barracks, should be always
To be removed from the doors i i *i_ j .i ^ m m-a c
during the day time. removed during the day, so that no possibility of
tampering with them can occur.
87. In case of a key being mislaid or lost at any time, the padlock is to
be destroyed.
88. The jailor is to be made clearly to understand that, if any prisoner
escupe through his neglect, in not having these
Jailor to be responsible, and , , , , , . . . r ,
punished in case of neglect. rules constantly observed and kept in to ice, he
will be punished either by fine or dismissal.

Section X.
SANITARY MEASURES.
89. In addition to the ordinary " leejiing" of the barrack floor and walls
Leeping of the barracks and ul> **' the »e'gl>t -f 6 f* et, it is ordered that, twice
cells. every year, the hospital is to be whitewashed,, and

104
„ . , x ,_ , .. . . the walls of the sleeping wards " leeped" or whi'te-
Hospital to be whitewashed. ' D '
washed up to the roof. This is the most effectual
preventative both of insects and vermin, and it neutralizes the risk of infectious
diseases appearing where any large body of men occupy the same building
throughout the year. 90. Alljungle, grass, and weeds should be pre-
Jungle and weeds to be pre- venterj growing either inside the area of the jail, or
vented growing. b a j >
within 100 yards of the outer enclosing wall.
91. Earth should not be dug for bricks or other purposes close to the jail;
and all low, hollow ground, and especially stagnant
Earth not to be dug near the p00]Sj should be carefully filled up, and drains cut to
prevent the accumulation of water near the prison.
92. All old " gurrahs," and vessels for holding drinking water, should be
renewed when necessary, and both these and the
Drinking vessels and water . , „ , , .. . . .
bags to be renewed or cleaned. mussucks cleaned occasionally with sand or
charcoal.
Cooking vessels to be kept 93. The cooking vessels should be kept per-
pure and clean. fectly clean.
...... 94. In order that the labour assigned to each
Labour to be adapted to the =
powers of every prisoner. prisoner may be adapted to his powers, an infirm
and convalescent gang is ordered to be formed at
Formation of convalescent and . . . . , . .
infirm gang. every jail in which prisoners, on their being first
discharged from hospital, or others who are unfitted
for hard labour from debility, old age, or other infirmity should be placed.
95. No one should be allowed to join this gang except on the written
The names of all prisoners in orde1' of the medical officer, the names being kept
the convalescent gang to be en- in a book assigned for this purpose, and which
tered io a book. .... . , ...
will require examination and correction, from tune
to time, as the prisoners recover or are released.
96. The labour assigned to the convalescent
Labour adapted for infirm pri- . ., , ,.,,., . .
soners. gang should be of the lightest description, such as
picking wool, cleaning cotton, twisting thread,
" leeping" the barrack walls, &c. ; and the men so employed shall wear a distin
guishing mark.

Section XI.
POLICE or MILITARY GUARD.
97. One-third of the guard is permitted to be absent at the same time for
the purpose of cooking, and for this business two
Rules respecting absence for hours on[y WIu be allowed. The cookin^ time to
cooking food. J '"
commence immediately after the arms are lodged
in the forenoon.

105
98. The officer commanding the guard and the next senior should never
The two senior officers of the be absent fr0In the 6Mrd at the same time> and
guard never to be absent at the when the senior leaves the guard, he ought regu
larly to make over charge to the next senior man.
o» 99. No one is to quit the guard after sunset, except on occasions of neces
sity, and then only for a short time ; it never
«Jset°n6 10 qUit thoguard after should be permitted for a man to be absent for an
unreasonable time on such occasions.
100. The whole of the guard must be ready to stand to their arms, and turn
The whole guard to be ready out during the night. One sepoy will invariably
to turn out at night. be on sentry at the guard-room, and be ready
to give notice to the main body of the guard in the event of disturbance,
Section XII,
SENTRIES.
101. Relief of sentries will always be marched
Relief to be marched off by a off by a non-commissioned officer, who is to ex-
non-commissioned officer. plajn tQ the gentry the Qrders of hig post_
102. Sentries are not to allow prisoners to leave the jail, unless they are
Sentries on duty at the gate to under the escort of a jail official ; they will not
allow no prisoner, unattended by n any communication to take place between
a guard, to pass out nor to com- J >
municate with the prisoners. convicts and persons outside the jail, and are
themselves forbidden to hold any intercourse with prisoners.
103. Sentries will not permit strangers to enter
No strangers to enter without the jail, unless their admission is sanctioned by the
the Jailor's sanction. j.^ or thfi ^^ -^ officiaj prese_t#
104. Rounds should go twice during the night, at uncertain hours, at the
discretion ofthe officer commanding the guard, to
mgi., gee ^^ t^e sen^rjeg are aig,.^ tbe officer com
manding the guard taking charge of the grand rounds, and the juniors, by
regular turn, taking the visiting rounds.
105. It should rest on the discretion of the officer commanding the guard
to send out more frequent rounds on special occa-
The rounds not to visit the sions, and the rounds should not visit the sentries
sentries at the hour of their being , , . ,. „
relieved. at the hours of relief.

Section XIII.
THE TURNKEYS.
1 06. The Turnkeys are not to be changed, except, by the special order of the
Lieutenant of Police, for some neglect or breach of
Not to be changed without the discipline, nor will they be required to perform
order ofthe Lieutenant of Police. v ' . , . . ., ^ *
any duty outside the jail.
14

106
107. Their duty is to search every prisoner, both on his quitting the
barrack and jail for the garden or work-yard, and
again on his re-entering the prisonarea, as well as
when locked up for the night in the sleeping wards.
108. During the day they will be stationed at their fixed posts, one being
always at the jail gate, to prevent any person or
During the day one tp be sta- article from being improperly passed in or out of
tioned at the gateway of the jail. . ...
the jail.

Section XIV.
THE MARSHAL OR JAILOR.
109. The Marshal or Jailor is to be considered as responsible for the safety
His responsibility for the safety of the prisoners, and for the constant observance of
of the prisoners, and observance the rules laid down under the several heads con-
Jax ' nected with the discipline, classification, labour, and
diet of the prisoners and other subordinates borne on the rolls of the jail estab
lishment. 1 1 0. The proper office of the Jailor is that of exercising a regular and increas
ing supervision of every department of the prison,
" ,HUK an(j this requires him necessarily to be constantly
To be constantly in the jail, passing through the different portion ofthe jail, :
visiting the different departments. „ . .. lf , . , , . ..
& not confining himself to his own house or the jail
office, but visiting the wards, cooking places, workshops, garden, hospital, and
guard-house during the day, and occasionally visit-
To vi«it the jail occasionally jng at night, to ascertain if the sentries and patrols
are on the alert, and not asleep at their posts.
111. The Jailor should not give orders to the men ofthe guard; the
order should always be given, except in cases of
Orders to be given to the officer emergency, through the officer commanding the
commanding the guard not to , -, j c • i i u i_
privates. guard, and no order ot importance should be
given verbally.
1 12. Strangers admitted to inspect the jail will sign their names in the book
_. . ..... . . .. which will be presented to them at the entrance
Strangers admitted inside the _ _ r
jail to sign their names in the gate, in which they are requested to record any
00 ' remarks or observation they may think necessary. '
113. The Jailor is to examine all the prisoners on Sunday morning and
ascertain that every one is clean, and has his cloth-
Weekly inspection of prisoners . jijj- ii j ¦ j j i_>
by Jailor and Civil Surgeon or ing and bedding complete and in good order, his
Native Doctor every Sunday fetters not requiring repair, and the leather gaiters
morning. ^ °
perfect. The Civil Surgean or the Native Doctor
will also attend at the same time.

107

1 1 4. The Jailor is to take care that no prisoner has possession of any tobacco,
money, rope, knife, or other instrument, or, in fact,
any article whatever beyond his dress, blanket,
mat, and earthen drinking-vessel. " Lotahs" are
strictly prohibited, and no string is to be allowed
to be fastened either to the fetters, sleeping mat,
drinking cup, or conservancy pans.
115. All money up to the amount of five
rupees, found on the person of a prisoner, or dis
covered in the jail, becomes the property of the
finder. 116. The registry and care of the prisoners'
property specially devolves on the Jailor, and no
justification will be permitted for his performing this
duty by proxy.
He is required to be present at the distribution of the prisoners' food
every day, and to investigate at once any com
plaint made of bad food, or deficient quantity.
118. Every order connected with the jail
should be at once entered by the Jailor in the jail
order-book, and presented for the Lieutenant of
Police's signature. This becomes a record of much value, preventing doubt
or misunderstanding, and prevents any future plea of ignorance in case of
neglect. 1 19. The Jailor has no power of his own to
Jailor is prohibited from order any prisoner to be punished, whether by
punishing any prisoner without ~ . ,., n . . .... , , ,
the Lieutenant of Police's order. flogging, solitary confinement, additional hard
labour, or any other method.
120. A record of all punishments inflicted on prisoners is ordered to be
kept in every jail, and a report to be made at the
end of the year to the Captain of Police for the
information ofthe Commissioner.

No prisoners to obtain to
bacco, or any other article.

String or rope prohibited for
any purpose.

Money found on a prisoner
to become the property of the
finder.

The care of the prisoners' pro
perty devolves specially on the
Jailor.

117.

To be present at the distribu
tion of the food.
All orders of the Lieutenant
of Police to be entered in writing
in the jail order-book.

Report of all punishments to
be made yearly.

Section XV.
THE MEDICAL OFFICER.
121. The medical officer in charge of the jail is required to visit the
jail hospital and solitary cells daily. He should
Medical officer's duties. <• n • ., . . c ,, i , -
To visit the jail daily. carefully examine the state ot those placed in
solitary confinement, reporting at once the neces
sity of any convict being removed on grounds of physical or mental
infirmity.

108
122. He is required to inspect all the prisoners once a week in company
, „ . with the Lieutenant of Police, and to examine the
Inspection of all prisoners once ,
a week to be regularly observed, wheat and other provisions tendered for the use of
o" pTce?'17 wUh the Lieute,iant the prisoners ; all bad grain, whether damaged by
wet or insects, dirty, or mixed with other grains and
impurities, should be condemned.
123. The state, of the cooking pots, the appearance of the drinking vessels
and water, the prisoners' clothing and bedding:, if in
The cooking pots to be ex- ! ' . , ° 8'
amined. good repair and sufficient tor the season ofthe year,
the cleanliness of the jail wards and necessaries,
and especially the ventilation of the sleeping barracks, and the number con
tained in each, should be noticed, and reported in the jail minute-book.
J 24. Every prisoner confined in hospital should be allowed not less than
600 cubic feet, and no sleeping ward should con-
600 cubic feet to be allowed ± ¦ . 1 j? • .v. i_ . -n
each prisoner in hospital. tain a greater number of prisoners than what will
admit of each man having 400 cubic feet of space.
,„ , , , 125. There are no two causes that tend to keen
Want of ample ventilation the . , . .. ... , '
ohief cause of sickness in jail. llP sickness and mortality in our jails so much as
over-ciowding and deficient ventilation.
126. At his daily visit to the jail, the appearance of the vegetables and
Daily duties of medical officer. food supplied to the whole bulk of tlie prisoners,-
and the perfect absence of busks or coarse parti
cles, either in the flour or bread, should be regularly and thoroughly ascer
tained, and all articles of extra diet furnished to the patients in hospital, such as
milk, meat, &c., should be brought into the jail sufficiently early to be
examined, and either approved of or rejected.
-„ . .. , , . 127. The medical officer is required to view the
To view the body of every _ ...
deceased prisoner, and certify the body of every prisoner dying in jail before it is
death by written entry in the j r .'i e i • i i . i-r
Release Book. j removed tor the purpose ot burial, and to certify
to that effect, as also to the cause of death, in the
" Register of Releases."
128. AU subjects connected with the general health of the prisoners, not
. „ , , merely those sick in hospital, come within the juris-
All subjects connected with " . .
the general health ofthe pii- diction of the medical officer, such as the severity of
.nXaUfficer."ended 4° by U'e labour assigned to the inmates ofthe jail, the possi
ble existence of malaria caused by want of drainage,
or rank vegetation near the prison-walls, the state of the drains and wells inside
the prison area, and the floor of the barracks on which the convicts sleep at night.
129. The first symptoms of scurvy, cholera, or any epidemic should be
most carefully watched for, and vigorous measures
Symptoms of scurvy, &c. to be t k t t }) k jt j_creaBe and an jmrae.
specially watched. '
diate report is to be made, through the Captain of
Police, for the Commissioner's information.

109
130. The medical officer has power to order an alteration of diet for those
.... prisoners who seem to require it, as also to recom-
Prisoners may be released in r .
special cases of dangerous illness mend the release of any prisoner whose further
where life is despaired of. incarceration in jail would be attended by death.
• Prisoners to be examined both ] 3 ' ¦ .Prisoners «e required to be examined by
on admission to jail, and when the medical officer both on admission, and when
transferred to another prison. , r- j i j c ,1 • •,
transferred to, or received from another jail.
132. The convalescent gang, and those prisoners who, from ulcers or other
Convalescent gang. medical reasons, require their irons to be removed
In case of fetters being re- (which should always be replaced before quitting
Zlie^olt^ZfS hospital), require the Surgeon's close attention,
are replaced before quitting hos- every prisoner's name being duly attested by him
pita], and all such cases to be ... , , . . c Ai a v.7-.i i .
entered in a book with the Sur- ,n the books kept for that purpose. Without great
geon's signature. cfire on this point, many prisoners will improperly
obtain the benefit of one or other of these privileges, through the collusion of
their guards.

Section XVI.
MISCELLANEOUS.
133. Whenever a prisoner is committed to jail for safe custody after sen
tence, but pending the receipt of confirmation, he
Course to be pursued when pri- sfor,^ be sent with an English or Sindee warrant
soners are sent to jail pending the . D . .
confirmation of their sentence. to the officer in charge of the jail, specifying the
usual particulars, such as name, charge, sentence,
and date thereof, and it should also be stated therein that the proceedings have
to be confirmed by higher authority.
134. The officer in charge of the jail should, upon this temporary warrant,
detain the prisoner in safe custody ; and should the
If final warrant does not arrive * . .... i /•
within 3 months, a reference to be final warrant not arrive within three months from
lnade- the date of sentence, the officer in charge ofthe jail
should refer to the trying authority in order to ascertain the cause of delay ; or
if, in any case, the period of confinement should reach the limit of the punish
ment the trying authority is authorized to inflict without confirmation, (he
officer in charge of the jail should at once refer to his immediate superior for
instructions. 135. All officers in charge of jails are to furnish the Commissioner, on his
arrival at their stations, with a return according to
Return of prisoners in jail to the annexed form, showing the number of prisoners
on ^l^h £ZfSi°ner in confinement on the date of his visit, distinguish-
ing those sentenced to labour, from those sentenced
to simple imprisonment. The returns should also show how each prisoner is

110

employed, the number sick and insane, and the number of debtors in the
civil jail.
Note. — The Kardars' returns should be in Sindee.

Return of the number of Prisoners in the Jail of
the day of \i

on

No. in
Jail.

Hard
labour.

Without labour.

Term of original Sentence.

No. Sick

No.
Insane.

No. of Civil
Debtors.

How the above prisoners are employed : —
Public works.
Weaving.
Grinding. (Signed) A. B., Deputy Magistrate.
Cleaning jail.
Sick, incapacitated for work.
Sfc. Sfc. Sfc.
When prisoners are released, each prisoner who has been six months
or upwards in jail is to receive four annas, an old
blanket from the jail stores, and subsistence money
to his home, at the rate of one anna a day, reckon
ing each days' journey at five kos, or 10 miles ;
prisoners who have been in jail for a less period
than six months are to receive only two annas, together with the same amount
of subsistence money, to enable them to reach their homes.
137. It is, of course, intended that this indulgence should be limited to
This allowance to be limited pauper prisoners ; and due inquiry should be made
accordingly before granting relief.

136.

Prisoners on leaving jail to
be furnished with subsistence
money to enable them to reach
their homes.

to pauper prisoners.

PART YIL

ADDENDA.

113

PART VIL

ADDENDA.

No. I.
THE POWERS OF THE CAPTAIN, LIEUTENANTS, ANE>
ADJUTANTS OF POLICE.
The Captain of Police in Sind has the powers of a Magistrate up to 2 years'
imprisonment, fine, flogging to the extent of 50 stripes, solitary imprisonment
not exceeding 4 months.
He has full powers to promote, reduce, or dismiss all commissioned and non
commissioned officers ahd privates of the police force, — an appeal from his
orders lying to the Commissioner.
The Captain of Police can grant rewards, not exceeding Rupees 50, to pug-
gees who may afford assistance in the recovery of stolen property or the appre
hension of offenders.
The Lieutenants of Police have the powers which a Deputy Magistrate
exercises without confirmation, as laid down in paragraph 5 of Circular No I.,
rlage 40, viz. 1 year's imprisonment with labour, fine, flogging not exceeding 50
lashes, solitary imprisonment not exceeding 2 months. Sentences in excess of
this, but within the jurisdiction of the Captain Of Police, are stibject to that
officer's confirmation.
The Adjutants of Police have the powers of a Lieutenant, but their pro
ceedings are subject to the Captain of Police's confirmation, and are handed
up to that officer by the Lieutenant of Police, with such remarks as he may
consider necessary.

No. II.

CASES OF ABORTION.
Native police officers are not to inquire into charges of abortion, unless
specially ordered to do so by competent authority-
is

114
No. III.
BATTA TO WITNESSES.
The following rules are laid down for regulating batta, or subsistence money,
to witnesses while in attendance at the different, criminal courts : —
1st. No person, who is summoned to attend before any judicial authority
within the town or kardarate in which he usually resides, shall, as a general
rule, be entitled to batta, unless he be so detained more than three (3) con
secutive and entire days from his home, when he shall be entitled to one anna
per diem for the whole period of his detention.
2nd. If a person residing in one kardarate be summoned to appear before
a judicial authority in another kardarate, he shall receive batta at two (2)
annas per diem from the day he leaves his home until the day he returns to it,
both days inclusive.
3rd. Ten miles shall be considered a day's march, and this rate is to be
used in calculating the distance a witness has to travel from and to his home,
4th. While cases are pending before any judicial authority, the witnesses
in attendance should be called before such authority every afternoon before
the office closes, and there be paid their daily subsistence or batta.
5lh. Whenever one judicial authority has occasion to forward witnesses to
another beyond the limits of any one kardarate, he should calculate the dis
tance by rule No. 3, and pay the amount of batta so calculated to each wit
ness, in advance, for road expenses. He shall also send with the papers of
each ca?e a memorandum in Sindee, showing the names of each witness, and
the amount paid in advance, as also the date of despatch.
Gth. On the first of each month, each officer should draw from the nearest
treasury as many rupees as he considers sufficient for his batta expenses dur
ing the month — say 20 Rupees for a Magistrate, 50 Rupees for a Deputy
Magistrate, and 10 or 15 Rupees for a Kardar. This sum should be made
over to the charge of the Head Moonshee, who should credit that sum in a
book kept for the purpose, the pages being numbered and sealed by the head
of the office like the Kardar's day-book, and debit all payments made under
Rule 4; the judicial officer should then affix his initials to the total of each
day's disbursements.
1th. Whenever a Deputy Magistrate is moving about in his district, he
requires an advance for the payment of subsistence money to witnesses and
prisoners. For this purpose, the Deputy may be authorized to take an advance
from the Kardars; and as the accounts are much complicated by large balances
of advances remaining unadjusted at the end ofthe month, the following plan
is to be adopted.
h'.//. The Deputy will take an advance, for these purposes, at the beginning
of the month, of not more than he estimates will be required for expenditure

115
within the month ; and towards the close of it, he will make up his bill, and at
once advise the Kardar. But a small balance thus remains at the end of the
month, the greater part of the advance being covered by the bill; and this
small amount, which must necessarily remain to pay for expenses during the
^last few days of the month, should be adjusted in the next month's account.
9tk. The bill and the amount entered in the accounts should always tally ;
for instance, a bill for December, and charged in the December's cash account,
would be for the month commencing — say the 28th November, and ending
28th December.
10th. To illustrate this by an example, it may be supposed that a Deputy
leaves his head quarters on the 1st November, taking an advance of Rs. 20 ;
by the 28th, he spends Rs. 15 and keeps Rs. 5, and in the cash account
there will be an entry of Rs. 15 paid as batta to witnesses, &c, and only
Rs. 5 as advance. In December, the Deputy requires — say, Rupees 25,
for which he sends a receipt, and receives in cash 20 Rupees, and a receipt that
Rs. 5, advanced in the preceding month, has been paid— thus the outstand
ing advance is adjusted. It is only when Deputies are far off that any
advance remains unadjusted. This very detailed explanation will, it is trusted,
prevent all difficulty.
lltk. The actual amount disbursed as batta during the month should be
debited at the end of the month, and a bill for the amount drawn out and sent
to the Deputy in charge of the treasury along with the other vouchers for the
month's disbursements.
12th. One bill for the whole zillah will be sufficient to forward to the
Commissioner for countersignature and subsequent audit.
]3th. One or two annas per diem, according to Rules 1 and 2, are the
regular rules of batta ; three or four annas per diem may, however, be given at
the discretion of a Magistrate, or Deputy Magistrate, when the person sum
moned, either from rank, infirmity, or sickness, has been obliged to use a
horse, camel, or cart as a means of conveyance. If more than 4 annas per
diem is considered necessary to cover the travelling expenses of any person
required as a witness, sanction should be applied for, as a special case.
I4tk. Witnesses to prisoner's confessions, or inquest reports, are always
to receive 4 annas per diem.

No. IV.
ADDITIONAL RULE REGARDING PLEADERS.
Some misunderstanding having arisen on the question of fees to be allowed
to pleaders, in suits in which an acknowledgment of the demand is entered,
the following rules are, in future, to be followed :—

116
I. Full fees, where the suit is prosecuted to the end, after an inquiry on
the merits.
II. Half fees, where the suit is undefended, or an admission of the debt is
made, but where the Vakeel has prepared the pleadings, and is prepared to
proceed with the prosecution of the suit.
III. Quarter fees, where no proceedings are gone into, the suit being struck^
off or withdrawn.

No. V.

ACCOUNTS IN CIVIL SUITS TO BE PREPARED IN THE
VERNACULAR AS WELL AS IN ENGLISH.
In civil suits in which the Court has to go through intricate accounts, in
addition to the English record in the handwriting of the trying authority, a
clear statement of the accounts in detail should be made out by the Sheris-
tadar, and form part of the vernacular record.
2. When any interest is allowed, the rate at, and date from which it is
calculated should be carefully set out.

No. VI.

OFFENCES BY EUROPEANS, NON-MILITARY, WITHIN
CAMP LIMITS.
The following minute by the Judicial Assistant Commissioner, regarding
the case of an European, not a camp resident, or amenable to military courts,
charged with a trivial assault within camp limits, is published for the informa^
tipn and guidance of aU magisterial officers : —
" \. The question raised is, who is to try the case ?
" 2. I learn from Colonel Skinner's Rules for the guidance of Courts
Mar^als, that a Bazar Master has the power, when a Justice of the Peace,
to punish Europeans for assaults, trespass, &c, when committed within camp
limits, in the same manner as a Magistrate or a Deputy Magistrate, being the
Justice of the Peace, has power within his districts, provided that the said
camp is situated within 120 miles ofthe Presidency.
" 3. It is clear from this, that the Bazar Master at Kurrachee, which is
more than 500 miles from the Presidency, has no authority over Europeans
in camp.
" 4. Under these circumstances, who has ? I considered from the first,
that the Civil Magistrate of the zillah, being a Justice of the Peace, has, and
the Deputy Judge Advocate General now agrees with me. The grounds for

117
my opinion are, that, in all cases of offences committed by natives, not camp
followers, and who are therefore not amenable to the Bazar Master, the offen
ders are handed over by that officer to the Magistrate of the zillah. In a late
case, the calassie of a civilian residing within camp limits committed a murder
there ; had he been a camp follower, he would have been tried by a court mar
tial ; but not being so, the military authorities had no jurisdiction, and he was
handed over to the civil power, tried by the Magistrate of Kurrachee, and
hanged, the sentence having been confirmed by Government.
" 5. In the case of an European not under military law, offending in camp,
a precisely similar course should be adopted, the principle being that the
camp is within the zillah, i. e. within the Magistrate's jurisdiction, but that
certain parties within that camp, i. e. military officers, soldiers, and camp
followers, are removed from the Magistrate's jurisdiction, and made amenable
to military courts. All that are left within that camp not so excepted, appear
to me clearly to belong to the Magistrate's jurisdiction, and are punishable
by him. (Signed) J. Gibbs,
Judicial Assistant Commissioner in Sind."

No. VII.

RULES REGARDING BATTA FOR SERVING PROCESSES
IN CIVIL COURTS.
In order to avoid the continual transfers from one Court to another of the
post of serving processes, the batta for such service should be levied in advance,
pnd credited at once by the Court issuing the same; and the process should
then be forwarded to the proper quarter, with an endorsement thereon ofthe
amount of batta that may have been levied and credited.

No. VIII.

RULES FOR THE DISPOSAL OF CIVIL SUITS UN WHICH
CAFFILA MERCHANTS ARE PARTIES,
1. From the 1st October to the 1st March, the Judicial Deputy Magistrate
and the Deputy Magistrate of Kurrachee will sit together on alternate days,
either at the Kutcherry or at the Kardarate, to dispose of all disputes in which
Caffila merchants may be parties.
2. Whenever practicable, and the litigant parties so consent, a dispute
shall be referred to three traders or other persons unconnected with the case,

118
whose decision, when confirmed by the two sitting Government officers, shall
be final ; no costs shall be charged, and no record shall be kept thereof, fur
ther than an entry of the names of the parties, of the subject in dispute, and of
the award, to be made in the handwriting ofthe presiding officer.
3. Should the parties not agree to a punchayet, the Judicial Deputy
Magistrate shall summon four competent assessors to hear and decide the case
as above. In such cases, the usual fee of five per cent, shall be levied on the
party cast ; there shall be no appeal, provided the Judicial Deputy Magistrate
and assessors are unanimous in opinion.
4. The assessors shall'be remunerated for their time and trouble, to such
extent as the Judicial Deputy Magistrate may think proper.

No. IX.
REGARDING CATTLE STEALING.
The sentences which are within the powers of a Kardar to pass (4 months*
imprisonment and flogging) not having been found sufficient to put a stop to
cattle-stealing, especially on the left bank districts, the following rules are laid
down for the guidance of magisterial officers : —
I. No case, in which there is a previous conviction on record against the
prisoner, shall be disposed of by a Kardar, but must be committed for trial
before the Deputy Magistrate ofthe district.
II. In such cases, the Deputy Magistrate should be guided by the number
of convictions against the prisoner, and pass sentence accordingly.
III. In the case of noted offenders, a sentence of imprisonment for 7 years
in Kurrachee Jail should be passed, such being, by the natives of Upper and
Middle Sind, looked upon as equivalent to transportation.

No. X.
RULES REGARDING SECURITY.
The following rules are published in explanation of Sections XXIV.,
XXV., XXVI., and XXVIL, of Regulation XII. of 1827, on the subject of
security and recognizance : —
1. When a person is required to furnish recognizance, the bond should stale
that he is to be imprisoned, without labour, for a period not exceeding two
years should he fail to pay the penalty, in the event of his breaking the
engagement.

119
2. But instead of a pecuniary penalty, the bond may, for good reasons
assigned, be made out with the penalty of imprisonment, with hard labour}
for a period not exceeding 2 years, or solitary confinement for a period not
exceeding 2 months, in the event of his breaking his engagement.
• 3. Where a person is ordered to produce securities for his good conduct,
or for any other legal purpose, his surety or sureties shall engage to pay a
sum of money, or to suffer ordinary imprisonment for not longer than two
years without hard labour, in the event of his failing in the point for which
they stood security ; but in no case can the securities be made liable to the
penalty of hard labour or solitary confinement.
4. The cases in which recognizances or security can be demanded are
recited in Section XXV., from which it will be seen that penal security or
recognizances can only be demanded for the performance of, or abstaining from}
acts which the Magistrate has authority to compel or forbid.
5. No bond, either for security or recognizance, shall be binding for more
than five years; and every bond may be redeemed at any time by the party
surrendering himself or being delivered into custody.
6. When a person fails to give satisfactory security or recognisance when
demanded, the Magistrate may adopt two courses —
1st. He may confine him in any jail until the occasion be past; for
example, if a man is told to give security that he will not create a disturbance
during the Mohurrum, and fails to give security, he may be confined till the
Mohurrun is over ; or a man called upon to give security for good conduct
for 5 years, may be confined for 5 years ; but such confinement may cease at
any time if the Magistrate decides on releasing him or on adopting the other
course, which is —
2nd. The lenient precautions detailed in Clause 2, Section XXVIL
7. When a person is confined on failing to give security or recognizances,
he should not be considered an ordinary convict, and he should not be kept to
hard labour, but his treatment should be as free from hardship as is consistent
with a due regard to his proper custody, and the prevention of the act which
the recognizance or security was intended to prevent,
8. Whenever a man is thus confined by the order of any Magistrate, if it
be considered necessary to confine hiin for a longer period than one year, the
circumstances of the case shall be reported to the Commissioner at the expiry
of the year; and the Commissioner will give orders for his further confine*-
ment, or otherwise.
9. When a person from «hom recognizance or security shall have beert
taken, forfeits his bond l>y the commission of any crime or act forbidden by
the bond, the matter shall be investigated as a criminal proceeding in the
manner laid down in Clause 2 of Section XXVL

120
No. XI.
THE PUNISHMENT FOR ADULTERY.
I. By Act II. of 1845, fine or imprisonment, or both, are the only pUnish-*
merits awardableby law for adultery.
2. This Act is now the only authority for punishing the offence. Prisoners
should therefore be charged under Regulation XIV. of 1827, Section I, Clause
I., paragraph 7, and punished under Act II. of 1845.

No. XIL
PERIODICAL RETURNS.
Civil.
Monthly Returns.
Kardars and Moonsiffs are to send in monthly, by the 3rd of the month, to
the Deputy Magistrate of the district, the return according to the authorized
form, showing the number of civil suits filed and disposed of in their courts.
The Deputy Magistrate shall embody these returns, together with those of
his own Court, into one English return, and forward it to the Magistrate by
the 8th ofthe month.
The Magistrate shall prepare one return in English, showing the work of
all the courts in his zillah, and shall forward it to the Commissioner on a date
not later than the 15th of the month.
Annual Returns.
The annual civil return shall be prepared by the Magistrate according to
the prescribed form, and shall be forwarded to the Commissioner by the 1st
February in each year.

Criminal;
Monthly RcturnSi
The Kardars shall forward to the Deputy of the district, on the 4th of the'
month, a return, according to the prescribed form, ofthe cases disposed of by
them under their ordinary powers.
They shall also forward, on the same date, a return showing the number and
particulars ofthe cases disposed of by them under the extended powers.

121
The Deptuy Magistrate will forward a translation of the former return, and
will embody the latter in his own monthly return prepared in English, and
forward it to the Magistrate by the 8th ofthe month.
The Magistrate will prepare one return showing the cases disposed of by the
Kardars under their original powers, and another embodying all the returns
Turnished by the Deputy Magistrates, together with such cases as he may have
disposed of himself without regular commitment by a Deputy Magistrate.
The Magistrate shall also furnish a return of all cases tried by himself or
his Judicial Deputy, after previous committal by a Deputy Magistrate.
The Magistrate shall also furnish a return of all cases disposed of by himself
or his Deputies in their capacity as Justices of the Peace.
These returns are to be despatched to the Commissioner on or before the
15th of the month. Quarterly Returns.
The Magistrate shall forward, within 15 days of the expiration of the
quarter, four returns according to the prescribed forms: — ¦
1. Showing the number of prisoners confined in the district jails.
2. Showing the cases which have been referred to the Commissioner for
confirmation. 3. Showing the number of untried prisoners under the charge of the Kar
dars, Deputy Magistrates, or other magisterial officers.
4. Showing the number of cases for trial before the Magistrate or Judicial
Deputy Magistrate after previous commitment.
Note. — No 3 will be prepared by the Captain of Police, and forwarded
through the Magistrate, who will examine and countersign it.

Annual Returns.
The Magistrate will furnish, on the 1st of February, a return according to
the prescribed form, showing the result of the criminal administration of his
zillah. The Captain of Police will, on the same date, furnish a report showing the
working ofthe Police for the past year, according to the prescribed form.

16

INDEX.

No.

Paragraph.

Page.

A

Abortion —
Police not to inquire into charges of 
II.
1
113
Accounts in civil suits to be in English as well as
Vernacular . .
V.
....
116
Acquittals —
When and how to be recorded
V.
1 to 4
50
By Kardars and Foujdars
XVI.
9
60
Adjournments —
Of civil proceedings to be recorded
III.
7
15
Of criminal trials to be recorded
II.
14
43
Adjutant of Police —
Powers of 
I.
5
113
Adultery —
Instructions relating to trial for 
XIII.
57
Husband only can prosecute
»J
I
57
Sentence how regulated. .
>>
2
57
Attempt at  not punishable, but security
may be taken. .
J)
3,4
57
Or disposed of according to local rules
»>
5
57
Cases of  to be severely punished , .
Punishment for 
VII.
6
81
XL
1,2
120
Affirmation —
Hindoos and Mussulmans alone to be examined
on 
II.
25
81
Appeal —
Excepting for immovable property, suits of Rs. 10
and under not subject to 
I.
4
12
Courts of  See " Deputy Magistrate, " " Judi
cial Deputy Magistrate," " Magistrate," " Com
missioner."
Procedure of the Courts of 
III.
14 to 28
17, 18
Order rejecting  open to appeal
J)
20
16
Rules for taking evidence in  . .
)J
24
18
t* VQfUlllATl f\T nOfirD.. T Y\ . .
25
18
J._\t. L ill lull Ul UcLIcc III . . . . . ¦ . .
Arbitration. — See " Punchayets."
))
Arms — •
Sir Charles Napier's instructions against carrying 
without "permit, " &c. ..
VIII.
1 to 3
5, 6
Rules for granting permit to bear 
VIII.
1 to 4
71
Assessors —
When to be appointed in the trial of eivil suits
1
To give their opinions in writing
Un.
13
15
Court to record reasons for differing from 
J
Appointment of  in criminal cases necessary :
how to be chosen
n.
6,7
42
Confessions not to be read to  unless proved . .
i.
10
43
124

INDEX.

Assessors (continued) —
Summing up to 
Not required when prisoner pleads " Guilty"
Attachments —
Before judgment, when to be made
Suits to raise 
Attorneys- at-Law —
May practice as Vakeels

Badges and Belts—
None but'Government servants to wear
Modified rules regarding use of  ¦
Bail —
What prisoners allowed to give 
Barristers —
May practice as Vakeels
Batta —
Rules regarding  to witnesses in criminal cases. .
Rules regarding  for serving process in civil cases
British —
Supremacy of  over Natives
British-born Subjects —
Liability to Mofussil Courts. .

Cantonments —
Jurisdiction of Police therein regulated
Vagabonds therein to be sent back to Bombay, or
made to work on roads, or find employment
Offences by non-military Europeans therein, when
cognisable
Offences committed by military persons beyond limits,
where cognisable
Captain of Police —
Powers of 
Cattle Stealing —
Severe punishment for  enjoined
Chairs —

No.

To be allowed to Kardars and Native Police officers.
Chiefs (Native) —
Who have made their salaams, may carry arms . .
Charges —
To be carefully interpreted to prisoners
Major offence includes minor. .
Children —
Sale of  for prostitution prohibited
Christians —
To be examined on oath

II. ,,
III. >»
V.

XIII. X
VII. V.
III.
VII. I.
XVII.

XII. XIV. VI.
XVIII. I.
IX.
XVI. VIII. II. it
IX.II.

Paragraph.

15
21 29
30

1
1,2 1 1

1 to 3

4 20
1 to 3
25

Page. 4444 18
18
25

8
725123
114 117 3
61 to 64

7,8
8, 9
116
64
113 118 87 6
4144
71, 72
45

INDEX.

125

Civil Government —
Established in Sind
Civil Suits.— See " Suits."
? Civil Procedure. — See "Procedure."
Clerks, &c. —
Who have quitted an office, not to be employed
without certificate of registration by consent of
former employer ..
Commissioner in Sind
Court of  to bear appeals from decisions in appeal
of Deputy and Judicial Deputy Magistrates and
Magistrates
Court of  to be final Court of appeal
Court of  settles procedure, and exercises powers
of Sudder Dewanee Adawlut
Criminal powers of -

No. Paragraph.

Judicial Assistant to 
Confessions —
How to he proved before trying authority . .
Not to be read to assessors unless proved . .
Before police, not to be taken notice of
To be recorded for the prosecution
Police not to take or receive — —
Confirmation —
What sentences require 
Contempts —
Moonsiffs of Court to be summarilypunished underAct
XXX.of 1 84 1 , and.in Moonsiffs'or Kardars' Courts,
to be reported to the Judicial Deputy Magistrate. .
Corporal Punishment. — See " Flogging.''
Correspondence —
Native terms to be avoided in English 
Rules for the reduction of 
Costs —
All fees to be included in  in civil suits. .
Courts —
Civil —
Jurisdiction of the different Civil Courts in Sind
defined . .
See "Kardars," "Moonsiffs," "Deputy Magis
trate," " Judicial Deputy Magistrate," " Magis
trate," "Commissioner," and "Punchayets.'
Statement of authorised rates of fees for serving
summons to be hung up in Court-rooms . .
All Courts to be open to public during trials of cases.
Criminal Powers of Judicial Officers in Sind
See " Kardar," " Deputy Magistrate," " Magistrate,"
and " Commissioner."
Cruelty to Animals punishable

XVI.

VI.

}

II.

II.

VI.

VII. XV. II.

I.
III. I.

IX.

Page.

1,2

4, 5, 6,
9
98 9

10, 11
12 19
1 to 2

2
14
1 to 9

1213 13
4141

43 436744

79

5
87 14

12

1316
39 to 41

85

126

INDEX.

Decrees —
Fee of 8 annas to be paid for copy of  . .
To be passed after defining issues ..
To be in Sindhee, and to show limit of appeal
Of Punchayet to be final
Execution of 
Execution of  in appeal..
Form of  , English and Vernacular
Endorsement to be added at the foot of  in ap
peal
Instalments may be applied for to the Court exe
cuting the  ¦
Execution of  to follow on application
Deeds. — See "Registration of Deeds."
Defendants —
How notice to be served on 
Depositions —
Printed forms may be used for 
To be signed by trying authority
Deputy Magistrate —
Criminal powers of 
Court of  to be the first appellate Court on
Kardar's decisions in civil suits
May dispose of original cases
To send half-yearly return of Court fees to Magis
trate
Dismissals —
All  of Government servants to be reported to
Commissioner . . . . 
No  of Government servants drawing upwards
of Rs. 30, to take place without sanction. .
Dismissal from service to form no portion of a sen
tence
Divorces —
All  to be registered by the Cazee

Electric Telegraph —
Injury to electric telegraph posts punishable
English —
Clerks. — See "Clerks."
Native terms to be avoided in English corre
spondence
Escape of Prisoners —
Precaution against. — See under "Jails."
Establishment —
Dismissal of persons on Civil  to be reported . .
Do. do. drawing above Rs. 30 a month,
not to take place without sanction

No.

II.
III.

III. II. >» I.
))
>)
II.V.V.II.
VII.

V.

VII.

V.

Paragraph.

545
12 14
25

2732 16

3
24

1
2
29 10

Page. 1314
14, 15
1516
17
20 171816
14
4145
40 12 12
14 4 5
46 29

79

INDEX.

127

No.

Paragraph.

Page.

Europeans —

Offences committed by non-military  in camp,
where cognisable
VI.
....
116
Evidence —
, See " Witnesses."
Medical  to be taken on oath
III.
....
50
T>|. ... r~(... ¦•• *-" V*n .^n...A
IV.
• • * ¦
50
J7 UgtfLCa tu uc ICSLcu . ¦ . . . .
In cases of rape
XI.
3,4
56
Exhibits —
All  in civil cases to be numbered, and a list
of them kept in the case
III.
28
18
All  in criminal cases to be numbered
II.
23
45
Extra Assistant Magistrates —
Criminal powers of 
I.
4
40
F
Fees —
Scale of  on civil suits laid down. .
II.
1 to 9
13, 14
For original or appealed suits
>)
1
13
For serving summons
))
2
13
For serving warrants
1}
3
13
For serving warrants issued by the Supreme Court . .
tt
4
13
Scale of  for service on Europeans
it
6
13
Of 8 annas to be paid for copy of decree
»
5
13
All  to be levied from applicant, and included
in costs
it
7
14
To form a fund for extra establishment
>»
8
14
Returns of  to be furnished to Commissioner . .
)»
9
14
To Cazees for civil suits referred to them
IV.
21
For registration of deeds
VII.
12, 13
30
Female —
Suicides, orders regarding
St
....
79 to 82
Field Service —
Volunteers for  not to apply, but to remain where
ordered
XI.
1
7
Fining Petitioners discouraged
XI.
86
Flogging —
When and how to be ordered and administered
IX.
53
Restricted to 25 stripes at a time
33
1
53
Not to be added to lengthenpd imprisonment
33
o
54
o • r, -\T ' . *-' J* „
33
3
54
oir u. iNapier s instructions regaiaing
To be administered in presence of trying or medical
authority
33
4
54
Forgery —
Cases of  not to be tried by officers before
whom forged document was produced
XII.
3
57
Forms —
Of civil proceeding and decrees
III.
8
15, 19
Of criminal proceeding
II.
....
41
Foujdars —
Extended criminal powers of  when and how to
be allowed
XVI.
....
59, 61
Furious Riding prohibited
II.

3
128

INDEX.

G
General Orders of Sir Charles Napier
Government —
Establishment of Civil  in Sind 
Government Servants —
Dismissal of  . See " Dismissals."
Guides —
Ill-treatment of, and non-payment of wages to native
 prohibited . . . . ....

H
Head Moonshees of Kardars —
Powers of 
Hindoos —
To be examined on affirmation
Hindoo Law—
Questions on  ¦ to be referred to Shastrees
Husbands and Wives —
Instructions relating to wives refusing to live with
their husbands
Plea of ill-treatment, &c. bow dealt with ..
Magistrate to interfere -as little as possible

Indentification —
Of property, and persons, and footmarks, bow proved
and tested
Inquest —
Reports how to be proved in criminal trials. .
Orders regarding  and inquiries into cases of
sudden death
Insolvent Debtors —
Circular relating to the relief of 
Courts authorised to confine persons for debts
Form of order for imprisonment
Subsistence money to be paid in advance
Circumstances under which an  . may be released.
Subsistence money recoverable, but no confinement
for it
Notice of discbarge to be given to the committing
authority
After six months, Jailor to send such person to Ma
gistrate
Magistrate's proceedings
Magistrate not to inquire into merits of claims ',
Magistrate may order release
Imprisonment not to exceed three years

No.

XVI.

VIII. II.
IV.
XIV.

VIII. II.
VII. VI.

Paragraph.

1, 2

1,2

18
25

1 to 13

I to 8

• . . .

25

1

25

2

25

3

25

4

25

5

25

6

25

7

25

8 to 11

26

11

26

12

26

13 !

26

Page.

3 to 9
9
6,7

84
4522

57
5858

52

42

69, 70

INDEX.

129

No.

Paragraph.

Insolvent Debtors (continued) —
Additional three years under certain circumstances
Jailor's proceedings on expiry of three years
p Magistrate to decide as to liability of debtor's future
property
More claims than one bow dealt with
No second confinement for the same debt . .
Any  to petition Magistrates for benefit under
this circular
Petition to state assets and liabilities
Magistrate's proceedings
Fees to be levied from  property
Magistrates may delegate power to Deputies
Vexatious applications how punished
Subsistence of fraudulent debtor to be paid by
Government
Friends may see all such prisoners
Form of warrant
Instalment —
To be applied for to the Court executing the decree

Jails, orders relating to —
General Instructions
Jails under whose charge
Establishment at sudder jail
Establishment at district jail
By whose warrant prisoner to be received in )
j^l  }
Form of warrant . . . . . . J
Separate warraut for each prisoner
Warrants to be filed. General Jail Register
Book  ..
Visitors
Visitors' Book
Officer in charge to visit the jail every month ;
also to forward petitions. Petition Roll
Books to be kept in sudder and district jails . .
Discipline Admission of prisoners
Prisoners' property to be registered and pre
served
Medical officer to examine prisoners on admission.
Prisoners to appear before medical officer in
their prison clothing
Prisoners transferred from one jail to another. .
State of health and clothing to be examined by
' medical officer on arrival of prisoner. .
Clothing, &c. to be returned
Security of prisoners in transit
17

VI.

III.

II.

II.

1415 16
17 18 19
20
21 to
2526 272829

32

24

Page.

2626 27 272727272727 272S28 28 28 18

. . .

91

1

91

2

91

3

91

4

91

5

92

6

92

7

92

8

92

9

92

10

93

. . •

93

11

93

12

93

13

93

14

94

15

94

16

94

17

94

18

94

130

INDEX.

Jails (continued) —
Classification.. Male to be separate from female prisoners
Females to be strictly confined to their jail
Interviews with them to take place in presence
of jailor and matron ..
Classification of male prisoners
Prisoner-muccadums
Who report to turnkeys all occurrences at night.
Prisoners to rise at day-light
Barracks to be cleaned, and beddings aired
Work to commence half an hour after
Every one to sleep in his allotted place
Prisoners not to work with hired labourers
Out-door labour at sudder jails prohibited as a
rule
Opium and smoking prohibited
Conservancy Arrangements
Cesspools prohibited ; night-soil to be removed
daily
Necessaries to be cleaned early in the morning.
Night-pans to be well cleaned
Surplus well-water to be sprinkled on ground.
Pukka drains prohibited
Fetters Size and pattern to be uniform, &c.
Ankle-rings how to be made
Fetters to be cleaned and examined
Leather gaiters
The rings how worn
Fetters to be suspended by leathers
Fetters not to be removed without writtei
order
Prisoners discharged from hospital to be agaii
fettered
Bar-fetters when used
Prisoners when secured by pairs
Dangerous characters to have bar handcuffs . .
Clothing Description of 
Warm 
Period of issuing warm 
Summer 
All to wear prison dress, except Europeans and
Chinese
Distinctive mark for the  . .
No pockets, &c.
Blanket not to be used while at work
Winter blanket to be marked, &c.
Dietary Not altered, without special sanction ,
Food to be tested by medical officer ,

No.

III.

IV.

V.

VI.

VII.

Paragraph,

19
20
21
222324
25 2C
27 2829
30
31

32
33 34
35 3637*38
3940
414243

Page.

9494 94
9-1 94
9595959595959595
9696969G
969696979797
9797979797

44

98

45

98

46

98

47

98

98

48

98

49

98

50

98

51

99

52

99

53

99

54

99

5 5

99

56

99

99

57

99

58

99

INDEX.

131

Jails (continued) —

No.

Paragraph.

Page.

Dietai-y (continued) —
Weights, &c. to be tested
VII.
59
100
Messing to be the rule
)>
60
100
Vegetables to be provided
S3
61
100
Jailor responsible for supply and quality of
food
it
62
100
Prisoners' Property. .
VIII.
....
100
How and where preserved
tt
63~
100
Jailor to keep the key
ts
64
100
To be returned to prisoner on release
it
65
100
To be sent with the prisoner on removal, &c. . .
S3
66
101
To be sold when imprisonment exceed one year.
si
67
101
Precaution against escape
IX.
¦ • > •
101
Every prisoner to be under a particular guard. .
»
68
101
Imprisonment to be the penalty for neglect . .
St
69
101
Escape to be reported to Commissioner and
Captain of Police
tt
70
101
Recapture ditto ditto ditto . .
«
71
102
Ladders, poles, and ropes to be removed from
jail 
I)
72
102
"1
Articles of manufacture to be kept in work-
yard
J>
73
102
Tools to be kept outside, under guard
ts
74
102
Pegs or sticks in walls prohibited
ts
75
102
Prisoners and cells to be examined every night
St
76
102
Relatives to be searched before admission to
interview
SI
77
102
Walls to be 15 to 18 feet high 
ts
78
102
Hospital prisoners how guarded
St
79
102
Poisonous drugs in hospital to be locked up . .
ts
80
102
List of prisoners working in gardens
}t
81
103
Single sepoy not to guard more than two prisoners
outside jail
3t
82
103
Garden prisoners to work together
it
83
103
Lamp to burn at entrance ; blue-lights and
torches and lanterns to be kept ready
It
84, 85
103
Padlocks to be English, and to be removed from
doors at day time
tt
86
103
When key is lost, padlock to be condemned . .
>l
87
103
Jailor to be responsible for all escapes
J»
88
103
Sanitary Measures. .
X.
....
103
Cowdunging floors
it
89
103
Hospital to be whitewashed
St
89
104
Weeds to be destroyed
it
90
104
Earth not to be dug near jails
is
91
104
Water vessels to be cleaned
tt
92
104
Cooking ditto ditto
t>
93
104
Labour to be adapted to capabilities ; formation
of infirm and convalescent gang
tt
94
104
Medical officer to admit prisoners to this. gang. .
a
95
104
Labour for infirm prisoners
tt
96
104
132

INDEX.

No.

Paragraph.

Page.

Jails (continued) —

Police or Military Guard
XI.
¦ • ¦ •
104
One-third of the guard to be absent for cook
ing 
$3
97
104
Both the senior officers not to be absent at once.
it
98
105
None to be absent after sunset
ts
99
105
Guard to be ready to turn out at night
U
100
105
Sentries
XII.
¦ * ¦ ¦
105
Relief to be marched off by non-commissioned
officer
SI
101
105
Sentries not to allow prisoners to leave unguard
ed, &c.
It
102
105
No strangers to enter without jailor's per
mission
tt
103
105
Night rounds
IS
104, 105
105
Turnkeys
XIII.
....
105
Not to be changed without the order of the
Lieutenant of Police
31
106
105
Their duties . .
It
107
106
One to be at the jail gate at day time
)»
108
106
Marshal or Jailor
XIV.
....
106
His responsibilities
II
109
106
His duties
II
110
106
Orders be given to the officer of guard, not to
privates
ti
111
106
Strangers admitted, to sign their names in book.
S3
112
106
Weekly inspection of prisoners
II
113
106
Prisoners to have no tobacco, strings, or any
other article
II
114
107
Money found on prisoner becomes property of
finder
l>
115
107
Jailor to take care of prisoners' property
1>
116
107
Jailor to be present at distribution of food
11
117
107
Orders of Lieutenant of Police to be entered in
order-book
It
118
107
Jailor not to punish prisoners without orders . .
It
119
107
Yearly report of punishments
It
120
107
Medical Officer
XV.
....
107
Duties of 
tt
121
107
Weekly inspection
»1
122
108
Cooking pots to be examined
1>
123
108
Space for each prisoner in hospital
tt
1"24
108
Ventilation, &c.
)>
125
108
Daily visit and duties
It
126
108
Deaths of prisoners
ts
127
108
General health of prisoners
tt
128
108
Epidemics
ss
129
108
Change of diet, and release, owing to dangerous
illness
S3
130
109
Prisoners to be examined on admission and
removal
J>
131
109
Removal, &c. of fetters . . ..
J)
132
109
INDEX.

133

No.

Jails (continued) —
Miscellaneous. .
Prisoners under unconfirmed sentence . .
Final warrant to be awaited three months, and
* reference made
Return of prisoners submitted to Commissioner
on arrival
On release, pauper prisoners to have subsistence
money to reach home. .
Journal of Civil Suits —
Form of 
Judicial —
Native judicial functionaries, their powers, &c.
Judicial Assistant Commissioner —
Duties of  . .
Orders on the subject of visits of  to Mofussil
Courts
Judicial Deputy Magistrates —
To do all Magistrates' judicial work. .
Powers of 
May try original suits
Criminal powers of  ¦
Jurisdiction —
Of police in cantonments. — See " Police."
Civil  of courts in Sind
Criminal  of courts in Sind

K

Kardars —
Civil powers of-

In their absence, Head Moonshees to dispose of civil
suits
Kardars to send monthly return of civil suits to De
puty Magistrate
Criminal powers of 
Extension of powers of 
Different grades and powers of  . .
Naib  ; powers of . .
Head Moonshees, powers of. .
Kardars to be allowed chairs by Europeans. .
Kaffilla Merchants —
Civil suits in which  are parties, to be decided
by a special court
Kazees —
Rules for disposal of cases referred to  . .
What suits to be referred to 
Deed of reference
Trial and decree
Execution of decree
Half fee to be given to  . .

XVI.

III.
VIII.

IV.

I.

II. I.
XVI.
VIII.
}- XVI.

VIII. IV.

Paragraph

133
134 135
136, 137

1 to 3
7
886

1
3 9
1 to 3
14to 17
18

1 to 8
2,7 34 56

109 109109109 109 19
82 to 85
41 78 12
1212
40

12
39

121214
39, 40
59 to 61
84 8487
117
21,22 2121 222222

134

INDEX.

No.

Paragraph.

Page.

Kazees (continued) —

Points of custom or Mabomedan law may be re
ferred to  •
IV.
8
22
Kazees to be appointed at each kardarate for regis
tration of deeds, &c.
VII.
2 to 17
28 to 33
Language —
Sindee to be the  of record
1
Presiding authority to write decisions in bis vernacu
} III.
5
14, 15
lar, Sindee translation being given in the decree. .
J
Law of Limitation
I.
2
12
Lieutenant of Police —
Powers of 
I.
4
113
M
Magisterial Buisness to take precedence
X.
1
55
Magistrate —
To send nearly all judicial work to his Judicial
Deputy
I.
5, 7, 8
12
To hear appeals from, original decision of Moonsiffs,
Deputies, and Judicial Deputies
13
6, 7, 8
12
Magistrate's Court is generally of appeal only, but
may try original suits
St
7
12
To submit annual return of Court fees to Commis
sioner
II.
9
14 -
Criminal powers of  ¦
I.
7
41
Should interfere very little in disputes between hus
bands and wives
XIV.
4
58
Mahomedan Law —
Questions regarding  to be referred to Kazees. .
IV.
. - * •
22
Mahomedans —
To be examined on affirmation
II.
25
45
Medical Evidence —
To be taken on oath
III.
50
Merchants —
To take " permit " to bear arms for protection of 
VIII.
3
6
Military Persons —
Committing offences out of camp where to be tried. .
XVIII.
64
Military Bazars, &c. — See " Cantonment."
Mooktyarkars —
Appointment and powers of 
VIII.
14 to 16
84
Moonshees —
First  of Kardars, powers of, in disposing of
civil suits
I.
3
12
Moonsiffs —
To try suits up to Rs. 1,000. .
I.
5
12
Their first appointment and powers
VIII.
19
85
INDEX.

135

Mortgages —
Instructions regarding cases of 
Murder of Wives. — See " Female Suicide."
Musjid at Wuttajee —
* To be respected by travellers

N
Napier —
General orders of Sir Charles Napier
Natives —
Supremacy of British over 
Native terms to be avoided in English correspondence.
Ill-treatment of, and non-payment of wages to 
prohibited
Native judicial functionaries, their powers, &c.
Notes of trying authorities to be recorded in the
case

No.

VIII.

XV.

Paragraph. Page

T. to XVI
I.
VII. X.
VIII. III.

Oath —
Parsees and Christians to be examined on 
Medical evidence to be taken on 
Offences —
Committed out of camp, by military persons, where
cognizable
Offices —
The public to have free access to all Government —
Oppression of Villagers, &c. —
To be severely punished, .

P

Paper —
Size of 
Parsees —
To be examined on oath
Payment —
prompt  for articles purchased, enjoined
Peacocks —
Officers prohibited from shooting 
Peons' Badges and Belts. — See "Badges and Belts.':
Periodical Returns.— See " Returns."
Perjury —
Instructions relating to cases of 
Officers before whom  is committed, not to con
duct the trial
Charge of  how to be framed 

II.
III.

XVIII. I.
IV.

XIII. II.
III.
IX.
XII.

1 to 7

1
1
1, 2

14

25

1,2 1

25 1 1

34

3 to 9
35 6
82 to 85
16

4550

64 77 4

86
45 46
565657

136

INDEX.

No.

Paragraph.

Page.

Persons —

Identification of  how to be tested
VIII.
....
52
Petitioners —
Fining  discouraged
XI.
....
86
Public servants not to assist people in petitioning . .
XIII.
....
87
Plaints —
To be signed by plaintiff or vakeel
III.
2
14
11
9
15, 21
Original documents to accompany — —
II
10
15
Pleadings —
Original documents to accompany 
III.
10
15
To be short ; and to be returned when lengthy
31
11
15
Pleaders. — See "Vakeels."
Plundering —
Of villages by the military to be severely punished. .
IV.
1
4
Police —
Jurisdiction of  in cantonments
XII.
7,8
Have no jurisdiction in cantonments, but may arrest
offenders there and take to the Bazar Master
13
1,2
7
All present to assist the 
IS
3
7
To take military offender to Lieutenant of Police
when offence is committed out of cantonment
It
4
7
Lieutenant of  to make report of above through
Brigade Major
II
5
7
Not to beat prisoner, unless resistance is offered
13
6
8
Responsible for security of society
>>
7
8
Officers not to sit as assessors. .
II.
7
42
All sentences to be reported to police in form given. .
VI.
....
51
Evidence of  as to property
VIII.
8 to 10
53
Not to use stocks for untried prisoners, unless in
emergent cases
XV.
4,5
59
Not to take or receive confessions
I.
67
To take prisoner, wishing to confess, to magisterial
authority
IS
3
67
Officers to provide shelter for their men, and not
depend on revenue officers
III.
• ¦ * •
68
Lieutenant of Police to watch all trials, and to report
inadequate sentences
IV.
68
— Horses not to be used as post horses
III.
1 to 5
77, 78
Native police officers to be allowed chairs by Euro
peans
XVI.
... ¦
87
Native police officers not to inquire into cases of
abortion
II.
1
113
Post Horses —
Police horses not to be used as — — . .
III.
1 to 5
77,78
Powers of the different civil courts in Sind
I.
1 to 10
12, 13
Prison Discipline. — See under " Jail."
Prisoners —
See under " Jail."
Charges to be carefully interpreted to 
II.
4
41
Physical capacity to be considered in passing sentence.
II.
18
44
What  allowed to give bail
VII.
....
51
INDEX.

137

Prisoners (continued) —
Identification of  how to be tested
Untried  to be brought to trial without delay . .
Untried  not to be put into stocks, &c. .
Untried — — to give security, or to be handcuffed . .
Escapes of  to be reported to Commissioner, and
description rolls to be circulated
Female  not to be made to travel beyond their
strength
Proceedings —
Form of civil 
Form of criminal 
Form of  printed blank . .
In capital cases to be copied fairly
Procedure, Civil
Property —
Charge of receiving stolen  to be carefully in
terpreted to prisoners
Before court to be properly described
Identification of  how to be proved and tested
Prostitution —
Proclamation against sale of girls for  . .
Public Servants —
Not to assist people to petition
Publicity —
In disposal of cases
Puggees —
Skill of -

to be tested

Captain of Police and Magistrate may reward  . .
Captain of Police to reward  up to Rs. 50
Punchayuts —
To try civil suits ; constitution of ; and rules relat
ing to
Suits may be referred to  ; their proceedings, &c.

Rape —
Charge

of  to be carefully interpreted to pri
soners
Instructions relating to cases of 
Trial for  not to be left in inexperienced hands.
Evidence, — former intimacy to be tested
To be severely punished
Records —
Sindee to be the language of  ,.
Registration of Deeds —
Rules of the 
All Kardars to have an office of ¦ 
Magistrate and his Deputies to be Superintendent:
and Kazee to assist the Kardar
18

No.

VIII. X.
XV.

V.
VI.
III. II. S3
Si
III. II.
VIII.
IX.
XIV. III.
r iv.
[ VIII.
II. I.

I.
III.

II.
XI. 33
}- XII. VII.

Paragraph

1 to 4
2,3 1,2

3
26
1 to 32

1 to 3
15 13 3

1012

3
4 to

Page.

5255
58, 59
58, 59
68, 69
69
15, 19
46 41
45
14 to 21
4142 52
71,72 87 16
50
53 67
113

1315

4155 56
56

8628 2328

138

INDEX.

Registration of Deeds (continued) —
Kazee's office and seal
Register
What deeds, &c. to be registered
Register to be indexed
Copying the register
Deeds to be returned with certificate of registry
Registry of what deeds compulsory or optional
Period of registration, and fee
Account of fees ; Kazee's portion
Kazees drawing all private deeds, to be encourag
Magistrate and Deputies to examine the Re<
Book  "
Appointment and sunnud of Kazees
Forms of register, index, certificate, and sunnud
Scale of fees . . . . . . ,.
Replies and Rejoinders — -
Written  in civil suits not necessary
Original documents to accompany 
To be short ; lengthy ones returned
Returns —
Periodical  of fees in civil suits . .

ed istry

Periodical civil

No.

Periodical criminal 
Riding —
Furious  prohibited

Sale —
In execution of decree, once stayed, fresh notice to
be given
Security —
Rules regarding  . .
Sentence —

Finding and sentence how to be recorded . .
Sentence to quote Regulation. .
Circumstances in mitigation of  bow to
corded

be

In passing  physical capacity of prisoners to be
considered
What  require confirmation
Not to be carried out till confirmed
Lieutenant of Police of the prisoner's district to be
informed of the - — —
Dismissal from service to form no portion of — —
All  to be reported to the police
Adulterer's confinement to be longer than that of
adulteress, &c.
Shastrees —
Suits may be referred to  for disposal
Points of custom or Hindoo law may be referred
to 

VII.

III.

II.
XII.

II.
III. X.II.

VI.
XIII. IV.

Paragraph.

3
4567
8
9, 1 0, 1 1
12, 13
14
15
16 17

Page.

28
2929
29
292929
30303030
30
31,32,33 33

3

14

10

15

11

15

9

14

1 to 4

120

5 to 14

120, 121

31
1 to 9
161718
19
27
28
29
1, 2

18
118, 119
44
44
44
44 4646
46 51
57

22

INDEX.

139

Sindee— To be the language of record in judicial documents. .
Stocks —
Instructions relating to the use of 
? Not to be used for untried prisoners, but when in
dispensable, report to be made to Deputy Magis
trate
Police making unnecessary use of  to be pun
ished
Suicide, Female —
Instructions relating to suspected cases of 
Suits, Civil —
Courts authorised to try 
Scale of fees in 
Procedure in  •
How to be instituted
Written replies and rejoinders not necessary. .
Definition of issues and passing of decrees . .
Language of record
Limit for appeal noted in the decree. .
May be decided at once on statements of parties
Adjournments to be recorded. .
May be tried by Punchayut
Assessors may be appointed
Vernacular proceedings to be alike in all courts
Publicity in the trial of  ..
Costs how regulated
To raise attachment
May be referred to Kazees, both parties agreeing
May be referred to Shastrees, both parties agreeing
Accounts in  to be in English as well as verna
cular
Batta for serving process of civil courts
In which Kafilla merchants are parties, to be decided
by Judicial Magistrate
Summons —
Fees for serving  to be regulated according to
distance
Subordipates to be summoned through the head of
the department
Sundays —
Cessation of work on  . .

T
Torture —
Warning all officers to record cases of-
Trackers.— See " Puggees."
Trade, Free —
Principle of  enjoined
Trespasses —
Punishment for — — . .

No.

XII. XV.

VII. I.
II.
III.

IV.

V.
VII.
VIII.

I.
X.
XVII. II.
III.XI.

Paragraph.

1 to 4
5
1 to 5
1 to 10
1 to 9
1 to 32
2
34 55 6 7
12
1314 15
26
30 o

Page.

8658
58, 59
59
79 to 82
12, 13
13, 14
14 to 21
14
14 14141515 15
15 15
161617 18
2122
116
117 117 13
85 88

77 4
73

140

INDEX.

No.

Paragraph.

Page.

Trials, Criminal —

Charge to be fully interpreted to prisoner
II.
4
41
Property before Court to be described
>S
5
42
Assessors how to be chosen
S3
6, 7
42
Examination of witnesses
33
8
42
Inquest reports how to be proved
S3
9
42
Confession of prisoners how dealt with
33
10
43
Confession of prisoners how to be proved
3J>
11
43
Confession of prisoners to be recorded for prosecution.
33
12
43
Witness' manner of deposing to be noted
33
13
43
Adjournments of 
SI
14
43
Summing up to assessors
S3
15
44
Finding of Court
S3
16
44
Extenuating circumstances
S3
17
44
Physical capability of prisoner to be considered in
passing sentence
Si
18
44
What sentences require confirmation. .
is
19
44
Major offence includes minor. .
3t
20
44
Assessors not wanted when prisoner pleads guilty . .
ss
21
44
Course to be followed on a plea of " guilty". .
is
22
45
Exhibits to be numbered
S3
23
45
Depositions to be signed by trying authority
5)
24
45
Oath and solemn affirmation'. .
S3
25
45
Proceedings in capital cases to be neatly copied
33
26
45
Sentences, subject to confirmation, not to be carried
out till confirmed
33
27
46
When a convicted prisoner belongs to another zillah,
police thereof to be informed
IS
28
46
Dismissal from service to form no part of a sentence.
S3
29
46
Form of proceedings
S3
. . ¦ ¦
46
Delay in trials forbidden
X.
55
Cases of rape not to be left to inexperienced hands. .
XI.
3
56
Cases of perjury and forgery. .
XII.
¦ * ¦ ¦
56
Cases of adultery
XIII.

57
V
Vagabonds —
In cantonment to be sent back to Bombay, or made
to work on roads, or find employment
XIV.
1
8, 9
Vernacular Proceedings —
To be alike in all courts
III.
14
16
Volunteers —
For field service to consider remaining where ordered
as the post of honour
XI.
1
7
Vakeels —
Rules regarding admission and practice of 
V.

23
Holding sunnuds of Sudder Adawlut, may practice in
all courts in Sind
,,
2
23
Barristers or attorneys may practice in all courts in
Sind . . , .
J,
1
23
INDEX.

141

No.

Paragraph.

Page.

Vakeels (continued) —

All others to pass examination and obtain sunnud . .
V.
3
23
Committee of examination
S3
4
23
Committee to assemble early in each zillah
SI
5
23
Candidates to send names, &c. &c.
S3
6
23
Examination. .
3}
7
23
Commissioner's sunnud
11
8
23
l.nnn rt + + rt 1^ rt wrtrtrtTTrtunrl ,. -. m .. .. i ...
11
9
23
X CCS Ul to Uc IcLUVcl cU do costs . . . .
Punishment of • 
S3
10
24
Punishment not to bar civil action or criminal pro
secution
11
11
24
Vakeelutnama
31
12
24
The above punishment appealable
31
13
24
No  to take up the opposite side in any subse
quent stage of a case in any court
11
14
24
The above rules are for civil courts only
ii
....
24
Rules regarding fees to  •
IV.

115
W
Warrants —
Fee for serving 
II.
3,4,6
13
Witnesses —
IV. v tt tyi, .1 Q f l r»yi r»T ___^_ in primino! nrtni-lo
II.
8
42
JuXiilllll IdllULl Ul 1U LlllIllllCTl CULIIlb . , . .
Manner in which a  deposes to be recorded in
criminal trials
II.
13
43
How sworn
33
25
45
All  should be sent jp with cases on committal.
X.
2
55
Tti-ilon voivq r r\ l n tv r\Ql-ta Trt ^_^^^_ in (ii*irv)inal ^oaaa
III.
114
XVUlcs ILgalUlllg Vavla tu ill Lllllllll.il LaSCS . .
Wives and Husbands —
Wife murders, measures taken against
VII.
....
79 to 82
Quarrels between  , Magistrate how to deal with.
XIV.
¦ ¦ . .
57
Writers. — See " Clerks."
Wuttajee, Musjid at —
To be respected by travellers. .
XV.
1
9
BOMBAY :
PRINTED AT THE EDUCATION SOCIETY'S PRESS, BYCULLA.

MEMORANDUM

ON THE

SIND POLICE.

The Sind Police was raised under the orders of Sir C. J. Napier, Governor of
Sind. It was first introduced into the Hydrabad Zillah immediately after the
conquest in 1843, almost simultaneously into Kurrachee, and finally into
Shikarpoor. 2. The present organisation is nearly that established by Sir C. J. Napier.
The numbers have been increased, and some slight modification introduced,
but the tone and general bearing has been left untouched.
3. The Mounted and Rural Police were formerly dressed in red, marking
them thereby as the servants of Government, and at the same time keeping up
a Military appearance. The City Police wore dark calico dresses. As peace
became confirmed, and industry extended, the necessity for the martial
appearance of the Mounted and Rural Branches decreased, and the men of the
entire force have now, for some years, worn in the winter the coarse brown cloth
called " Burruck," which comes from Candahar ; while in summer they wear
dresses of dark green calico, almost approaching to black.
4. The force in each Zillah, as well as the rates of pay, is shown in the
accompanying table. The following is a description of each arm : —
I. MOUNTED POLICE.
Divided into two classes — Regular and Irregular.
5. The Regular Mounted Police, who are organised and uniformly armed and
equipped, with light single-barrelled carbines (percussion) and swords as men
of the Silladar Cavalry. Their functions are partly protective, in acting as
patrols and guards, scattered in small detachments over the country; and
partly detective, in acting as Thannadars to hear complaints, and arrest offen-
1

ders ; to take up the traces of robbers, apprehend and bring them to justice,
with the assistance of trackers, belonging to their own or to other branches of
the force.
6. The Irregular Mounted Police are not uniformly armed or equipped,
though the men generally adopt the uniform costume of their several tribes,
which is generally white ; they carry a sword, shield, and matchlock. They
consist of Horsemen and Camel Sowars. The latter, who, however, have
lately adopted the same uniform and equipment as the Regular Mounted Police,
are employed in those portions of the country (i. e. the Eastern Desert, Western
Hills, &c), where camels are found to be more useful than horses.
7. The former are confined to the Shikarpoor Zillah, and consist of Jack-
ranees, Doomkees, Chandias, and other Frontier Belooch Tribes, &c. ; their
services are made use of in a similar manner to the Regular Mounted Police,
but their dress, &c. has been left to their own taste, to encourage the employ
ment of these border tribes, who dislike a regular uniform. Every Mounted
Policeman in Sind carries with him a pair of hand-cuffs, to secure his prisoners
if necessary.
II. RURAL POLICE.
8. Rural Police are a body of Infantry, drilled, dressed, and equipped like
other local Infantry corps ; their functions are purely protective, to guard
Treasuries and prisoners in the districts, and to act as a support when called on
to the other branches. They also take all the Civil Guards at the Head
Quarter Stations, including the Jails and Treasuries, and act as escorts to
treasure when removed from one place to another.
III. CITY POLICE.
9. The City Police are armed with swords and staves, and are likewise
furnished with matchlocks, which they carry when necessary ; they may be
divided into two classes : — 1st, Nujjeebs, who are dressed like Chupprasies, and
employed in cities and large towns to act as watchmen, night patrols, Bazaar
and Chowree guards, &c. ; their duties are partly protective and partly detective.
10. 2nd, Trackers, whose duties are almost purely detective. They are
selected for their intelligence, from among the best Puggies or Trackers in
Sind ; are among the most valuable and important members of the Police Force.
These men dress as the rest of the City Police, but occasionally wear their
native costume as Sindees, Beloochees, &c, and are very frequently promoted
into the Mounted Police. They are distributed throughout the entire Province ;
all large Thannahs being provided with one or more.
11. All the above mentioned branches of the Police are in the permanent
pay of Government.

12. The Police in Sind is under the command of an Officer styled the
Captain of Police : he is solely responsible to the Chief Commissioner in Sind.
13. The Police in each Zillah is under the immediate control of an European
Officer, the Lieutenant of Police, who is directly subordinate to the Captain of
Pohce in Sind. He is assisted in his duties by an Adjutant, who is also an
European Officer from one of the Regiments of the Line.
14. With the exception of detachments at Head Quarters, all the various
bodies comprising the Police are distributed over the country, according to
its character, and the nature of the crime to be repressed.
15. In large towns and at Kardars' stations are fixed posts of Rural Police,
with generally the Head Quarters of a small body of Horse.
16. The Rural Police never, on ordinary occasions, leave their regular
post, except as escorts to treasure or prisoners, while the mounted men are
required to patrol continually ; occasionally accompanied by detectives.
17. All the Police in a Talooka or other similar Districts are subordinate
to the Thannadar, generally a Commissioned Officer [Subedar or Jemedar] of
the Mounted Police, who directs their exertions, and is responsible for the
efficient discharge of their duties. This Officer's Head Quarters are usually
at the same station as those of the Kardar of the District.
18. The examination of offenders, witnesses, &c. when brought into the
Thannah is for the most left to the Officers of the Magisterial Establishment,
i. e. the Kardar and his Establishment ; the Police confining themselves, as
an almost universal rule, to the apprehension of offenders and collection of
evidence, leaving to the Magisterial authorities the preparation, trial, and
record of the case.
19. Once a week, or oftener if necessary, the Thannadar reports to the
Lieutenant of Police and Deputy Magistrate of the District all the information
he has received regarding crimes, accidents, and occurrences worthy of note.
In extraordinary cases he also reports direct to the Captain of Police.
20. Each Lieutenant forwards weekly to the Captain of Police an English
digest of these reports, with the vernacular papers in original when necessary.
21. A summary of these digests, showing the number and particulars of
inquests, thefts and accidents, together with the Returns of the Jails, is
forwarded weekly by the Captain of Police to the Chief Commissioner, who
acts upon the information thus received, as may appear necessary to assist or
check the Police, and to ensure the Magistrates and all their subordinates doing
their duty with regard to the cases sent to them for trial. This is mainly done
by checking the Returns of the Magistrate by that of the Captain of Police,
and vice versa*, so as to trace the history of every serious or extraordinary case,
and to see that there is no failure of justice.

22. There are now two hundred and forty-five Thannahs in Sind, exclusive
of the Frontier Districts and the Thurr and Parkur.
23. The Thannahs are distributed as marked on the accompanying Map,
thus x .
24. There are —
In Kurrachee Zillah  78
„ Hydrabad „  82
„ Shikarpoor „  85
Total  245

(The Map is drawn to a scale ten miles to the inch.)
25. It will also be seen from the Map that the Province generally is inter
sected by roads, besides those marked, which connect only the principal towns ;
there are tracks between nearly all the villages, but the Map is on too small a
scale to show them.
26. The eastern border of the Province, as also the country below Oomer-
cote to the Runn of Cutch, consists of deserts, mingled in places with ranges
of sand-hills. On the western boundary there are ranges of lime-stone hills,
which, to the southward of Lake " Muncher," stretch from Lukkee on the
Indus to the western boundary, and continue south, at distances varying from
ten to twenty miles inland from the bank of the river, as low as Tatta.
27. When the Police was first established the Thannahs were few in number
and very strong, the Police being used much more as Troops of the Line would
be, for protective purposes, and it was not until the effects of Sir C. Napier's
proclamation forbidding the wearing of arms had become general, and the
people were reconciled to our rule, that the Police became distributed in small
but numerous bodies throughout the Province.
28. The total area of the three Zillahs may be taken at about 55,000 square
miles, with a population of about 2,000,000, distributed as follows : —
Square Miles. Population.
Kurrachee  20,000 525,000
Hydrabad, exclusive of the Thurr and Parkur . . 26,000 850,000
Shikarpoor  9,000 625,000
55,000 2,000,000

29. If the 245 Thannahs were equally divided, this would give an area of
224 square miles to each Thannah ; but, as will be seen from the Map, in

~HL — StaXwn, of'a -Zfjoktrarkar
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JVbie JYo 6 is under Jib. £
. 8-  . 2
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CAu?7ZPct>-r

tn>o-)-c/ief.nee

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many places the Thannahs are much smaller, and at others much* larger than
this, their establishment or removal being determined by the requirements
of the locality; the strongest Thannahs are situated along the Eastern
frontier. 30. At the commencement of our rule Gang Robbery was not of unfre-
quent occurrence, and the raids made by the Hill tribes required strong bodies
of Police to prevent whole Districts being deprived of their cattle. For some
years past these crimes have become extinct.
31. At first the want of persons able to read and write was found produc
tive of much inconvenience : reports from out-posts had to be made verbally,
and it was only at the chief Thannahs that there were Moonshees. This has
been overcome by the enlistment of men in the Mounted Police who are
educated sufficiently for the purpose, and many respectable persons, who
would otherwise take employment as Moonshees in the various offices, are now
employed in the Police ; by this means every Sub-Thannah has its writer.
32. Another difficulty occurred in the matter of " Puggies" : these men
were originally enlisted only in the City Police, but it was found, after a time,
that the work was so responsible and laborious, that the good Puggies would
not take service. This has also been remedied by enlisting them in the
Mounted Branch, which now contains many first rate Trackers. The speed
with which they can track on horseback of course adds materially to
their value.
33. The accompanying small plan of the District embraced in a chief
Thannah will show the working of the Mounted Police.
34. Meerpoor is the seat of the Head Thannadar of the District. He is
a Jemedar in the Mounted Police. He has under him four Sub-Thannahs,
numbered 2, 3, 4, and 5 respectively; each is in charge of a Duffedar, and at
each there are six Sowars.
35. The Sub-Thannahs have under them generally one out-post or more,
marked 6, 7, 8, 9, and 10, each consisting of a Naique or Lance Naique,
and three Sowars. They report weekly to the Duffedar of the Sub-
Thannah, or if there should not be among them any one able to write, the
Naique rides in once a week on a stated day, and makes his report to the
Duffedar. 36. These out-posts are generally at Tuppadars' Stations, excepting on the
Frontier, where their position is otherwise regulated.
37. The Duffedars send weekly, on a certain fixed day, a written report of
what has occurred within their range to the Chief Thannadar of the District,
who compiles them into one report for the Lieutenant of Police and Deputy
Magistrate.

38. The boundary of each Sub-Thannah is fixed : sometimes a revenue
division, if convenient, is taken ; otherwise an arbitrary boundary is settled by
the Lieutenant of Police.
39. With the out-posts a similar system prevails, but as these are generally
at a Tuppadar's station, the Tuppa is taken as the range.
40. Supposing a fresh Thannah with its Sub-Thannahs is to be set up, the
plan to be adopted would be as follows.
41 . After the divisions had been settled, and the men placed, each Officer
would go through the whole of his range, visiting every village and hamlet, and
informing the Patell and people of the position of his Thannah or Post, and
also his own name and that of his superior Officer, and would explain to them
that on any robbery or other crime being perpetrated, immediate notice should
be given to him.
45. [s. o.] The Jemedar (Chief Thannahdar) would make himself acquainted
with the whole district under his charge, as well as the names of the Patells
of the Villages, and any other useful information.
46. Such preliminaries being settled, the Officer Commanding each
Thannah or Post would send away a certain number of Sowars to patrol within
his range, meeting, if practicable, the Patrols of the neighbouring posts, and
returning occasionally to be relieved by others as circumstances permitted.
He would always keep some Sowars at the Thannah for emergent duty, or
conducting prisoners passing through his range.
47. By this means everything going on in a District ought to be known
to the Native Officer in charge.
48. It is found advisable not to change the Sub-Thannahdars under six
months, or the Chief Thannadar under eighteen months ; they are sometimes
kept for a longer period, but a change within these periods is unadvisable.
49. The Lieutenant of Police should be constantly on the move from one
portion of his District to another, as on this mainly depends the successful
carrying out of the system.
50. During the period he is on tour, the Adjutant takes charge of Head
Quarters, and carries on the work, in addition to attending to the drill of
recruits, Sec.
51. The Captain of Police (who has an experienced Native Officer as his
Adjutant) makes a tour ofthe entire Province during the year.
52. This, added to the constant marching about of the Deputy Magistrates,
the Magistrates, and the Chief Commissioner, renders the supervision very
complete. 53. Should a robbery occur, directly the Officer in charge receives the
intelligence, he goes himself or despatches a Sowar or Puggie (should there

be one) to the spot, and takes every measure to secure the thief. He takes no
depositions, but from enquiries he makes, or the traces he finds, he follows up
and generally speedily apprehends the thief, who is then taken to the Sub-
jFhannah to which his captor belongs, and thence made over to the Kardar
with a " Chellan," a copy of which is appended. The report at the close of
which, of course, varies in length according to the circumstances of the case.
54. This duplicate is attached in duplicate, one remains with the case,
while the second is returned after the case has been disposed of, with a memo
randum of the decision endorsed thereon, and forms a portion of the record
of the Police Thannah. No case is therefore lost sight of by the Police.
55. The judicial enquiry into the case is then conducted by the Kardar,
the Policeman who apprehended the thief getting such evidence as may be
required, and acting, as it were, as public prosecutor.
56. It is a standing rule that at whatever Thannah or post the information
is received, that Thannah must take up the case, whether the Village where
the crime was committed be within its range or not.
57. This rule is necessary to prevent Policemen saying to informants —
" You are not in my range, go to such and such a Thannah," while in the
meantime the thief is making off.
58. When the crime is very serious, such as murder, or a serious robbery,
the Officer in charge of the post on receiving information would immediately
send to the Chief Thannadar, and also to the neighbouring posts, and as all
Sub-Thannahs are at the station of a Kardar, that Officer or his head
Moonshee (who has the power to take evidence) would proceed with the
Police to the spot, and at once commence taking the statements of the parties.
59. In such cases the value of the Police and Magisterial authorities being
separate is very apparent. The Police are ferreting out all they can, riding
here and there, talking and asking questions of every one, while the recording
Officer is quietly seated hearing and taking down such portions of the state
ment of the parties sent before him as may be evidence to elucidate the case,
his presence at the same time acting as a check to the Police being overbearing
in the performance of their duty.
60. Owing to the care and vigilance of the Police, crime in Sind has
greatly diminished, especially in quality; the vast majority of the cases now
being simple thefts ; and the Returns show that taking the amount of the pro
perty stolen at the value set on it by the owners, the Police have recovered 50
per cent, during the last 2 or 3 years. But as the value of the recovered
portion is assessed by the Magisterial Officer, while that of the stolen is left to
the owner, it may be safely set down that a much larger proportion than 50
per cent, is recovered.

8
61. Many crimes, such as Gang Robbery, Highway Robbery by armed or
mounted men, and cattle-lifting by armed bands, as distinct from simple theft,
all of which were formerly very common, are now almost unknown, and rarely,
if ever, have been seen in the Returns for several years past.
(Signed) J. GIBBS,
Judicial Assistant Commissioner in Sind.
(True copy)
(Signed) J. Gibbs,
Judicial Assistant Commissioner in Sind.
Commissioner's Office, Camp Hydrabad, 1st January 1859.

9

POLICE.
»
The annexed memo, by Mr. Gibbs, C. S., Judicial Assistant Commissioner, is
so complete as to leave very little for me to add beyond the following brief
remarks on the principles kept in view by Sir C. Napier in organising the
Sind Police, which has, I believe, been the model more or less closely follow
ed in all attempts to form or remodel the Police in the Punjaub and elsewhere
since 1844.
2. Sir Charles' leading idea appears to have been effectually to separate
the Police from the Magisterial functions, confining the Police to 'the duty of
preventing or detecting crime, while the Magisterial authorities, European
and Native, were confined to the duty of investigating judicially the cases
brought before them by the Police.
3. The example which Sir Charles appears to have generally kept in view
was the Irish Constabulary. But he had, long before coming to Sind, tried
his plan among the inhabitants in one of the Ionian Islands, where the popula
tion was more oriental than European in character and habits. It was
perhaps owing to the careful consideration he had thus given to the subject in
earlier years, that he was able immediately after the conquest at once to devise
and carry out an elaborate plan, involving a system previously untried in India,
and which was so perfectly successful as to have required little alteration
even in the details.
4. In the Ionian Islands also, I believe, he first enforced his disarming Act,
by forbidding persons to carry arms without a licence. The wisdom of this
measure, and its absolute necessity to any efficient system of protective Police,
is now very generally acknowledged, though two years ago its practicability,
or at all events its expediency, would have been very generally contested in
every Province in India. It'appears to me quite essential to such a system
as the Sind Police, and was one of the first measures Sir Charles adopted
after the conquest. It is to be observed that he never ordered or permitted
any search after arms. *¦
5. The separation of the. Police from the Magisterial authority, and their
independence of each otherj' are the features ofthe Sind system which at
present strike most Indian Officers as open to objection. Few deny that, if
the Officer who is to prevent crime, and to pursue and detect the criminal, be
separate from him who is to sit in judgment, and if necessary to convict and
punish,' it is probable that more crimes will be prevented and detected, and
that justice will be more impartially administered. But it is argued, that in
2

10
practice it is next to impossible to prevent the two auth-orities clashing, and
that they can only work together if the one Department can control the other.
6. But experience in Sind does not show that there is any ground for this
apprehension ; this may partly be owing to the fact that in Sind there has
always been at hand, in the Governor or the Commissioner, an authority to
whom both the Police and the Magistrates are subordinate, and to wjiom
either can refer when they chance to differ.
7. It may not be amiss to note the general character of the faults which, in
this Province, the one Department is apt to find with the other.
8. The Magistrates and their Assistants, European and Native, are apt to
charge the Police with exceeding their authority in arresting persons on insuffi
cient ground, keeping them in custody on frivolous pretexts without at once
bringing them before a Magisterial Officer for examination, with neglecting to
procure all the evidence winch may be forthcoming, and with relying too much
on the accused's admission of the charge, and the like.
9. The Police are apt, on the other hand, to charge the Magisterial autho
rities with inflicting inadequate punishment on great or habitual offenders, with
requiring redundant proof, beyond what is necessary to moral conviction, with
undue severity in punishing the Police if they exceed their legal authority, and
the like.
.10. It will be seen that a zealous Officer in either Department would
always be liable to give some ground to such charges, according as his natural
tendency might be to detect and prosecute crime, or to sit in impartial judgment
on the accused ; and the fact that such charges are continually brought forward
on both sides, and are proved not to be altogether groundless, while they rarely,
if ever, are found to be serious in character, is, I think, a strong proof that the
separation of the two Departments 'works well for both the prevention and
detection of crime, and for the administration of justice ; and that, if both
functions were entrusted to one official, there would be a greater chance of
serious error, according as his character and sympathies inclined him to be
either more of a policeman or more of a judge.
11. It will be observed that the appeal from either Department in Sind lies
to an Officer, the Commissioner, who is equally interested in the prevention or
detection of crime, and in the administration of justice, while he is not person
ally concerned in either way with the case which may be laid before him in
appeal. 12. I have found it of great advantage that an Officer should serve as
Deputy Magistrate before he becomes Lieutenant "of Police : such Officers
are always less liable than others to clash with the Magistrate and his
subordinates.

11
13. Practically, if the Magistrate is a reasonable and zealous Officer, the
Lieutenant of Police becomes to him much the same as an Extra Assistant for
"Police purposes ; and all goes, on smoothly. It is chiefly when the Magistrate
^unreasonable or indolent that the Lieutenant of Police is obhged to look to
the Captain of Police for that support and direction which his own position as
a junior and subordinate Officer may render necessary, and which the Captain
of Police being, like the Magistrate, in direct communication with the Com
missioner, is generally able to afford him.
14. The chance of the Police and Magisterial authorities coming into
unseemly or unnecessary collision is, in practice, much diminished by the
circumstance that the Police are in no way exempt from the ordinary jurisdic
tion ofthe Magistrates and other Courts of Justice; though no sentence against
a Policeman can be carried out, till intimation of it has been given to the
Lieutenant of Police, and opportunity allowed for a reference to the Captain of
Police ; and, if he thinks it necessary, to the Commissioner-.
15. This is found to be on the one hand an effectual check upon the Police,
while on the other it, to a considerable extent, protects Policemen against
cabals or too severe punishment for mistakes committed in the zealous perfor
mance of their duty.
16. One excellent feature in the Sind Police is the separation into different
branches, pfotective and detective, which affords an opening for the employment
of every description of character likely to be useful to the Police : some of the
most valuable detectives for. instance are men who, from deficiency of education,
or limited capacity in other respects, are quite unfit for the higher posts in the
general Police Establishment, and who would, under the ordinary Indian
system, be ineligible for any post higher than that of an ordinary Police Peon.
Here such a man may be remunerated at a rate corresponding to his utility as
a detective Policeman, and be placed above the temptations which, in India,
would generally beset a man whose sagacity furnished the evidence on which
conviction or acquittal, in trials of great importance, might depend.
17. One of the principles of Sir C. Napier's system, which has been too
much neglected in all bodies of Indian Police, is that the Policeman should
always be better paid than he would be in his native place, so that the post of
Policeman should be an object of ambition to the class from which he was
drawn, and always superior ib that of a day labourer. The gradual rise in
wages and prices in Sind is now fast neutralising Sir Charles' intentions in this
respect, but the principal is one the soundness of which is beyond doubt, and
should always be kept in view.
18. It was never intended by Sir C. Napier that the Sind Government
Police should supersede the indigenous Village Police of the country. The

12
latter consists of watchmen and trackers, kept up in each community accord
ing to its requirements, and paid by the villagers at harvest time, like the
artificers and other village servants. In Sind, where the population is so
scattered, and cattle are so easily lost by straying or theft, the tracker is a
necessary appendage to each agricultural community, and I have known some
of the more experienced ones make a very good livelihood, equal to ten or
twelve rupees per mensem. It is esteemed an honorable profession, and, in
disputes, the word of an experienced tracker is often regarded as decisive ;
I have even known robbers appeal to it, and admit their guilt at once, and
show where the stolen property was '• concealed, if the trackers' fiat were
against them.
19. With the appointments and emoluments of this class of men, Govern
ment in no way interferes. They are employed, paid, or discarded, entirely as
the villagers may find convenient. But every Thannahdar makes it a point to
ascertain who are the good village trackers in his district, and where they are
to be found ; and it is from among this class that some of the best detective
Policemen are drawn.
20. The only village officer at all recognised by Government is the Head
man or Patel, who is responsible for giving information to the nearest Police
man of any accidents or offence which may come to his knowledge, and who
is bound to assist in person and with the aid of all members of the community,
trackers included, in any subsequent steps which the Police may find necessary.
¦ 21. This system seems to me, upon the whole, the best I have seen in India,
for combining the agency of the universal Village Police with that of a
centralised force like that of the Government Police. The Village Police in
Sind not being, in any way, interfered with, remains probably quite as efficient
as it was under the Native Government, while it is supported and supplement
ed by the Government Police, when occasions arise, with which the Village
Police is incompetent adequately to deal.
22. The Jails in Sind are under the charge c#the Lieutenants of Police of
each station, and under the general superintendence o.f^the Captain of Police,
who is the medium of communication regarding tKefiftTwith the Commissioner.
23, As a measure of Police this system has many advantages, for the
convict is never lost sight of by the Police, whose knowledge of the criminal
class within their districts thus becomes faf^miwe full and accurate than it
could otherwise be.
24. The Jails appear to me as well, if not better, managed than our best
Jails in India, more effectual as places of punishment, and certainly not less
efficient as reformatories.
25. Moreover the Officer who discharges the duties of a Judge is relieved

13 ¦V-
from a duty which always appeared to me in India rather inconsistent with his
judicial functions. The Magistrate in Sind, as Judge, ii'ex officio Visitor of the
Jail, and is responsible for reporting to the Captain of Police or to the Commis
sioner, should he see reason to think that the Lieutenant of Police neglects
his duty.
26. With regard to the size of the charge which should be assigned to each
European Officer, I think the Collectorates in Sind are very inconveniently
large. It is difficult for a Lieutenant of Police, without great exertion, to visit
every Thannah in the course of the season, and this he should be able to do
twice in the season, so easily as to admit of his repeating the visit to any
particular Thannah he may find necessary.
(Signed) H. B. E. FRERE,
Commissioner in Sind.
(True copy)
(Signed) J. GIBBS,
Judicial Assistant Commissioner in Sind.
Commissioner's Office, Camp Kippra, 15tk February 1859.

14

STATEMENT showing the Monthly Cost

DESCRIPTION OF COUPS.

SHIKARPOOR.

Strength and Cost of each
Rank of the Corps.

Men.

Remar-s,

Pay.

Russaldaf ,
Subedars, at Rs.
Jeniedars „
Duffadars „
Naiques ,,
Sowars ,,

Mounted Police.

40 each
30 „
25 ^ „
20 „

Jacltrariees. i'
Jemedar 
Duffadars, at Rs. 20 each 
Naiques >, 18 „ 
Sowars „ 15 „ 

Chandias.
Sowars, at Rs. 20 each.
Camel Sowars.
Jemedars, at Rs. 25 each. . . .
Duffadars „ 20 „ 
Naiques „ 18 „ 
Sowars „ 15 „ 

Rural Police.
Subedars, at Rs. 30 each 
'?Jemedars „ 20
Havildars „ 12
Naiques „ 10
Privates „ 8
Bheesties „ 8
Armourer 
Assistant Armourer:- 
Bellows Boy. . '. . . . . V 
Moochee 
Companies' allowance at Rs. 1 5 each.
Steel and Charcoal 

1
36
2424
300

lis. a. p.
50 0 0
120 0 0
180 0 0
600 0 0
540 0 0
6,000 0 0

358

7,490 0 0

1
44
50

59

25 0 0
80 0 0
72 0 0
750 0 0

927 0 0

50

1
2
2
30

35

Staff of Rural Police.
Subedar Major 
Jemedar Adjutant 
Havildar Major 
Quartermaster Havildar 
Pay Orderlies, at Rs. 3 each 

10
10
50
50
950 10 1
11
1
10 Comps.

1
11
1
10

1,000 0 0

25 0 0
40 0 0
36 0 0
450 0 0

551 0 0

1,098

300 0 0
200 0 0
600 0 0
500 0 0
7,600 0 0
80 0 0
14 0 0
10 0 0
4 0 0
8 0 0
150 0 0
10 0 0

10 0 0
8 0 0
6 0 0
5 0 0
30 0 0

9,535 0 0

15

and Strength ofthe Sind Police Corps

•

Hydrabad.

Remarks.

Kurrachee.

Bfcrength and Cost of each
Ms- RanU of the Corps.

Sti-englh anil Cost of each
Rank of the Corps.

Remarks.

P^Men.

Pay.

Men.

Pay.

1

Rs. a. p.
50 0 0

1
Rs. a. p.
50 0 0
3
120 0 0
3
120 0 0
6
180 0 0
6
180 0 0
24
600 0 0
24
600 0 0
24
540 0 0
24
540 0 0
300
6,000 0 0
A
300
6,000 0 0
358
7,490 0 0
35.8
7,490 0 0
1
25 0 0
1
25 0 o
4
80 0 0
2
40 0 o
4
72 0 0
2
36 0 0
50
750 0 0
25
375 0 0
59
927 0 0
30
476 0 0
6
180 0 0
6
180 0 0
6
120 0 0
6
120 0 0
30
360 0 0
30
360 0 0
30
300 0 0
30
300 0 0
570 6
4,560 0 0
48 0 0
570 6
4,560 0 0
48 0 0
1
14 0 0
1
14 0 0
1
10 0 0
1
10 0 0
* 1
4 0 0
1
4 0 0
1
8 0 0
1
8 0 0
6 Comps.
90 0 0
10 0 0
6 Comps.
90 0 0
10 0 0
1 11 1
6
10 0 0
8 0 0
6 0 0
5 0 0
18 0 0
1
'1 11
6
10 0 0
8 0 0
6 0 0
5 0 0
18 0 0
662
5,751 0 0
662
5,751 0 0
16

DESCRIPTION OF CORPS.

Shikarp-oor.

Strength and Cost of each
Rank of the Corps.

Jlen.

Pay.

Remarks

City Police.
Foujdar 
Subedar  » 
Jemedars, at Rs, 15 each 
Havildars „ 10 „ 
Naiques „ 8 „ 
Privates „ 7 „ 
Bheesties „ 8 „ 
Pay Orderly 
Foujdar's Moonshee 
Office Establishment.
Lieutenant of Police 
Adjutant of Police, exclusive of Regimental pay
and allowances 
Head "Writer 
2nd do 
Head Moonshee 
2nd do 
Establishment of the Captain of Police.
Captain of Police 
Native Adjutant of Police, including Rupees 60
allowance on the Class of Merit 
Head Clerk  17' 
2nd do 
3rd do  ." 
.4th do 
Head Moonshee 
2nd do. 
3rd do 
2 Peons, at Rs. 6 each 
Petty Supply Allowance 

Grand Total.

11
2
48
114 111

133

Us. a. p.
100 0 0
20 0 0
30 0 0
40 0 0
64 0 0
798 0 0
8 0 0
5 0 0
25 0 0

1,090 0 0

800 0 0
192 7 0
50 0 0
30 0 0
40 0 0
30 0 0

1,142 7 0

1,739

21,740 7 0

Commissioner's Office, Camp Hydrabad,
1st January 1859.

17

Hydrabad.

Remarks.

Kurrachee.

Strength and Cost of each
Rank of the Corps.
•

Strength and Cost of each
Rank of the Corps.

Remarks.

"Men.

Pay.

Men.

Pay.

Rs. a. p.
1
100 0 0
1
100 0 0
1
20 0 0
1
20 0 0
'-...'..'
3
45 0 0
3
45 0 0
6
60 0 0
6
60 0 0
12
96 0 0
12
96 0 0
150
1,050 0 0
150
1,050 0 0
.
2
16 0 0
1
8 0 0
1
5 0 0
1
5 0 0
1
25 0 0
/ 1
25 0 0
177
1,417 0 0
176
1,409 0 0
1
800 0 0
1
800 0 0
1
192 7 0
1
192 7 0
1
50 0 0
1
50 0 0
11
30 0 0
40 0 0
11
30 0 0
40 0 0
Total.
1
25 0 0
1
25 0 0
Men. Rs.
6
1,137 7 0
6
1,137 7 0
1,232 16,263 7 0
1
1,000 0 0
1
260 0 0
1 1
80 0 0
50 0 0
35 0 0
25 0 0
60 0 0
For the whole
1 11
Province, but drawn
'from the Kurrachee
Treasury.
1
25 0 0
1
15 0 0
2
12 0 0
25 0 0
-
11
1,587 0 0
1,262
16,722 7 0
1,243
17,850 7 0
(Signed) J. Gibbs,
Judicial Assistant Commissioner in Sind.
(True copy)
(Signed) J. Gibbs,
Judicial Assistant Commissioner in Sind.
18

No. 1 OF

From the Thannqdar of Meerpoor

a
©
'o
Re-
-w
02 _>
H)
C8
CDc
o
Names.
Caste.
Occupa tion.
Residence.
Crime.
a.p.
P.
ft S
Cm O
£
o
-f3
o o
o
a
C
OJ
«M
3
3
1
od
bo
oS
Oe
S5
te
¦A
<!
<
Rs. a. p.
Rs. a. p.
Hashim wul
Cumbra-
27
Laborer.
Nubbee Bux
Theft of a
15 0 0
15 0 0
lud Dado.
nee.
Village.
bullock of
Mulloora, a
PS
resident of
oo p<PS
Kartree.
Mahomed
Gorecha
40
Cultiva
Nubbee Bux
For having,
Ali wullud
nee.
tor.
Village.
after giving
Pheroz.
Security for
Prisoner 1,
allowed bim
to escape.
Report. — The Prisoner was met walking towards Gorechanee with a bullock,
of how he procured the animal. The Kardar of Gorechanee directed him to
and Prisoner 1 let go about his business. The next day the owner of the
Mahomed Ali was called on to produce Prisoner 1, but failed to do so; search
Ali gave bail to enable Prisoner, who he must have known to be a pauper,
File No. 4.

19

to the Kardar of Meerpoor.

Place where
the Property
was stolen.

Time.

Date.

Date of
Report.

Name of the
person who
apprehended
the Prisoner.

Former
Conduct of the
Prisoner

Date of
the
Prisoner
being brought under
custody of
the
Police.

&*t-i o .
GO
t> a
£ S
tfl w
(Xi £
a a
o
5

Remarks.

Jungle near

Day.

2 1st Jan.

23rd Jan.

Walleedad

None.

26th Jan.

on cuGOCO •
1> >-,
CO -+J
CO s-

Meerpoor.

1858.

1858.

Sowar.

1858.
29th Jan.
1858.

p-< PH
s ^
o o
.2 a
f-H g w
-aJ o
ca -_

(True copy) (Signed) J. Gibbs,
Judicial Assistant Commissioner in Sind.
without any pad or nose-ring, and on being questioned could give no account
give security, and Mahomed Ali came forward as such ; his bail was accepted,
bullock and a Puggee (Tracker) came up to report his loss, whereupon
was made, and Prisoner 1 and the animal were found. It appears Mahomed
to escape. (True translation) (Signed) J. Gibbs,
Judicial Assistant Commissioner in Sind.
APPENDIX.
FROM A LITHOGRAPHED CIRCULAR ISSUED BY
LIEUTENANT COLONEL BRUCE, C.B.

Extract from a demi-official letter, dated 16th November 1857, from
Mr. Frere, Commissioner in Sind, to Major Bruce (forwarding
answers to certain questions received from him).
" I forward, under separate cover, an extract from a Report on the Police
in Sind, which describes the different bodies of which it is composed. The
cardinal points to be attended to in organising any similar body seem to me to
be— 1st. — It must be independent of the Revenue and Magisterial Officers ;
no Collector or Magistrate must have any control over it.
2nd. — It must attempt nothing beyond its own work to prevent crime and
detect criminials, but not to try them. Police Officers should have no
power to punish any but their own men for even the most trivial
offences. All persons taken up on suspicion of crime by the Police
should be made over to the Civil Courts for trial.
3r<f. — It should have a Military organisation in all but the detective
branches.
4th. — The pay should be rather better than for Sepoys of the Line, or, at
all events, better than the general run of workmen, so as to attract
men of a superior class. All ranks must be well paid — an ill-paid Police
is a positive curse.
5th. — The European Officers should have absolute power to appoint and
discharge their own men ; no one else, from the Government down
wards, should have power to interfere.
6th. — Dismissal should be a severe punishment if the pay is good. For
most cases requiring more, the Superintendent should hand over the
offender to be tried by the ordinary tribunals.
1th. — A system of constant inspection should be going on, the results of
which should be reported weekly, or oftener if necessary.
4

22
The individual Policeman should patrol his respective beat, and report
.to the Jemedar, he to the Native Officer who commands the District,
the Native Officer to his European superior, and so on.
8tk. — No confessions should be ever allowed to be taken by the Police.
The contrary practice is the fruitful source of torture of suspected per
sons, and all sorts of villainy, and makes Policemen careless of other
evidence. If a criminal makes a confession, he should be taken before
anOfficer ofthe Magistrate's Department (Tehseeldar),who will examine
the prisoner, and attest the confession.
If you doubt the soundness of any of these principles, tell me which it is,
and I will give you my reasons, and enter into any further details you
may require.
Remember a bad or ill-paid Police (they are nearly the same) is far worse
than none at all. It is better to leave a country without a" Police than
with a bad one. Your European Officers should all be picked men — a
sharp, active, energetic Officer who has had a few months experience
as a Magistrate, makes the best policeman. He knows what the Ma
gistrates want, and the points to which they wish the Police to attend
particularly. Do not let your Officers over-dress their men — let all be
as plain as possible, consistently with utility; but take care your
mounted men are well mounted, and all well armed.
Question I. — What powers the Sind Police Officers have over their men ? Can
they try them for murder and other heinous civil crimes ?
Answer 1. — The European Commissioned Police Officers, according to their
standing and experience, are invested, by special appointment, with any
powers short of the full powers of a Magistrate, which are entrusted to no
Police Officer except the Captain (the head of the whole body, the powers
generally given to a Lieutenant of Police are ordinary powers of a Deputy Col
lector, i. e\ one year's imprisonment with hard labour, 50 stripes, &c.) If they
have extended powers, they can give up to seven years' imprisonment, subject
to confirmation by the " Commissioner in Sind." But these powers are rarely
exercised, except when it is difficult to refer the case to the ordinary Civil
tribunals (the Magistrate and his Deputies). All charges against Policemen
for heinous crimes are committed for trial before the Magistrate or Deputy
Magistrate, a course which is usually more satisfactory to all parties. At first
the Police Officers used their powers frequently, but now very rarely, and
months sometime pass without their trying a single case, — still it is necessary, I
think, they should have the power. Its possession often prevents any neces
sity for its exercise. Their cases are entered in the Magistrate's Returns, and
they send their cases to him for record, as if they were his Deputies.

23
Question II. — How do you draw the line in cases where the Police are mixed
up with the people of the country in the commission of crime ?
Answer 2.— In all cases where the Police are mixed up with the country-
jjgople in the commission of crime, the Magistrate or his Deputy tries both
parties. Question III.— In such a case who would try the Policeman, his own Officer,
or the Civil Magistrate ?
Answer 3.— The Civil Magistrate. In all cases where a Policeman is
charged with crime, information is given of the charge to the Lieutenant of
Police. The Deputies look on the trial of Policemen for cases in which they
would be amenable to their own Officers, as a sort of favour, and if the Lieute
nant of Police is troublesome and captious, they beg him to go out the next
time, and try the case against his own man for himself, so that the Police seldom1
find fault with the Magistrate's decisions without some good cause.
Question IV. — How do you draw the line to prevent clashing on the part of
these two ?
Answer 4. — Much must depend on the Commissioner in Sind, who is su
preme over both parties. There is, at first, a little clashing, but a few simple
rules, framed to meet circumstances as they arise, soon set all square, and, as a
matter of fact and practice, nothing can be more free from jarring than the
system. , All the Police are liable to the jurisdiction of the ordinary Criminal
Courts, and though an European Police Officer may take up a case against
one of his own men, if he does not do justice in the matter, a reference will be
made to the Commissioner by the Magistrate, and the matter will be righted ;
on the other hand, if the Magistrate does not do justice in a case in which a
Policeman is concerned, the latter has his appeal direct to the Commissioner,
through his own Officers. I do not think that, during the past year, three contro
versial cases have come before me for decision. They were frequent at first.
Question V. — What powers for interference has the Civil Officer (European)
at a place where there may be no European Police Officer present. I
mean interference in the working; of the Police ?
Answer 5. — The Magistrate or his Deputy gives any orders he thinks proper,
which the Native Police must obey, unless they are very sure that their
obedience would incur the displeasure of the Lieutenant of Police — as a matter
of fact and usage they always do obey. Any one who knows the working of
the Irish Constabulary would easily understand our Sind Police. One of the
great securities for efficient working is the system of triple reports. As soon
as a Thannahdar hears of a serious crime, he reports it, and his own proceedings
thereon, to his Lieutenant, and sends a copy to the Captain of Police and
another to the Deputy in charge of the District, who likewise hears of it

24
through his own Kardar. Thus the Deputy Magistrate knows all that the
Lieutenant and Captain of Police know, and all watch the case. As a general
rule, the Magistrate and his Deputies interfere very little with the working of
the Police. It is the business ofthe Police to catch the thieves — the Magistrate
has nothing to do but to try them when caught, and see that the Police have
got all the evidence procurable. **
Your great difficulty will probably be to arrange the divisions of such a
large and populous country, so as to give each man as much as he can do and
no more.
The only rule I know of to guide one in such work is this, that, as regards
area, every Charge of an European Officer should be no larger than he can
conveniently visit, so as to inspect every Thannah twice in each cold season, — of
course the size will vary according to the nature of the country ; with such a
Charge, if he has ordinary brains and activity, he ought to know personally
every inch of his ground, and be acquainted with every N on-Commissioned
Officer, by name, face, and character.
The great thing to avoid is insisting on too strict uniformity, and assimilating
all to some fancied standard of perfection. Let each of your Lieutenants who
has a separate Charge, know clearly what you want, and then leave him to
go his own way to work to do it. The work may not look so well on paper,
but it will be sound and healthy. You will give individual character and
enterprise fair play, and there will be emulation and personal pride in success,
which can be secured in no other way. When you get a sensible, active, right
hearted gentleman to work under you, you can hardly allow him too ample
discretion. Yours is a glorious work, and I heartily wish you success, and will ,do any
thing in my power to aid you.
The head of Police must have the entire confidence of the Chief Commis
sioner, have access to him at all times, and without the intervention of Secre
taries, &c. It was this enabled the Sind Police to grow so rapidly, and so well
adapted to local peculiarities under Sir Charles Napier.
The Chief Commissioner must have power to do just as he pleases in the
way of sanctioning without reference to Calcutta, except as a form.
You, as head of Police, must not be in any Executive Charge, nor hampered
with details of any kind. You ought to be able to give your entire and
undivided attention to any one subject, without being distracted by the thought,
that any current duty is neglected while you are so engaged.
I forgot to mention that, in practice, the superior age and rank of the Magis
trates here gives them a sort of authority over the Lieutenants of Police, which
goes far, when any work is to be done, to make up to them for the want of

25
any formal authority, and makes the practical relation ofthe Lieutenant to the
Magistrate very much that of an Assistant to the Head of his Office in our
older provinces ; — that is to say, the Lieutenant, in all ordinary matters, defers
to the Magistrate, consults his wishes, goes to him for advice on legal points,
and they pull together without any of the discord which might be anticipated
from their complete independence of «ach other.
There was some difficulty in managing this at first, as Sir Charles Napier
rather encouraged them to fight, under the idea the two Departments were a
useful check on each other, which, I think, was a mistake ; and when first I
came here, there was a good deal of sparring now and then, but not to an
extent to neutralise the other good effects of the system, and I found harmony
much promoted, by taking, as Lieutenant of Police, the most active of the
young Deputy Magistrates, in which capacity they learnt where the Police shoe
pinched. The two departments are now very harmonious, without, I think,
any loss of rigor or efficiency in either. (True copy) (Signed) J. GIBBS,
Judicial Assistant Commissioner in Sind.

Printed at the Bombay Education Society's Pkess, Byculla.

SELECTIONS FROM THE RECORDS OF THE BOIVIBAY
GOVERNMENT.
No. LV. — New Series.

CORRESPONDENCE

SHOWING

THE MEASURES TAKEN BY THE SYUDS OF TATTA IN SIND
TO REDUCE THE EXPENSES

OF THEIR

BIRTH, MARRIAGE, AND PUNERAL CEREMONIES.

FORWARDED TO GOVERNMENT BY

SIR H. B. E. PRERE, K. C. B.

COMMISSIONER IN SIND.

33 o m h a )} :
PRINTED FOR GOVERNMENT
AT the
EDUCATION SOCIETY'S PRESS, BYCULLA.
1859.

No. 164 of 1859. ^General Department.
From H. B. E. Frere, Esq.,
Commissioner in Sind,.
To the Right Honorable Lord Elphinstone, G.C.B. and G.C.H.,
Governor and President in Council, Bombay.
Dated 5th May 1859.
My Lord, — I have the honour to forward, for the information of
Government, the accompanying copy of letter, with enclosures, from
Mr. J. Gibbs, c. s., Judicial Assistant Commissioner in Sind, on the
subject of certain measures which have been successfully adopted, for
the purpose of reducing the expense ofthe usual domestic ceremonie9
amongst the Syuds and people of Tatta.
2. Besides a great amount of curious information relative to the
domestic rites of an influential class of the Mahomedan community,
these papers describe a process whereby a real reform, of great prac
tical value, has been effected in the domestic habits of a people
remarkably tenacious of their old class customs, and jealous of any
interference with them. The student of national habits, the statistician,
and the philanthropist, will all find much to interest them in Mr. Gibbs'
paper and its enclosures, which I would suggest should be placed at
the disposal of the press, and printed among the Government
Selections. 3. As a general rule, we cannot, I think, be too cautious in
applying the influence of Government in this country to effect any
change, however obviously beneficial, in the domestic habits of a
people, which do not lead to any direct breach of law. But in this
case, the reform has been commenced and worked out from among
the people themselves, and a great good has been effected with very
little direct interference on the part of Government.
4. I trust the humane labours of Mr. Gibbs, who originated the
movement, will meet with the approbation of your Lordship in

Council, and I would beg to support his recommendation that some
mark ofthe favour of Government be bestowed on Syud Ameenoodin,
who showed so much tact, sound sense and energy, as well as good
feeling, in carrying out Mr. Gibbs' suggestions, and on Syud Saber
Ali Shah, who aided this good work by his great local influence.
I have the honour to be, &c.
(Signed) H. B. E. Frere,
Commissioner in Sind.
Commissioner s Office, Kurrachee,
5th May 1859.

No. of 1859. Judicial Department.
From James Gibbs, Esq.,
Judicial Assistant Commissioner in Sind,
To H. B. E. Frere, Esq.,
Commissioner in Sind. Dated 19th April 1859.
Sir, —I have the honour to forward to you, for such notice as
you may deem right, the accompanying report from Syud Ameenoo
din, Moonsiff of Kurrachee, on the successful steps taken to reduce
the expenses attendant on the domestic ceremonies of the Syuds and
people of Tatta.
2. The report, as you will perceive, is dated as far back as June
1857. I purposely refrained from submitting it for sometime, as I
wished to see whether the people concerned would act up to the
arrangement or not. The great increase of work during the year
1857-58 further delayed my making the necessary inquiries into the
subject, but as an interview with Syud Saber Ali Shah, during the
present season, has shown me the very excellent effects which have
resulted from the measure, I uo longer delay forwarding the corres
pondence on the subject.

3. The circumstance which first led me to move in the matter,
was a fact deducible from the census returns for the province, taken
in 1854, viz., the undoubted falling off in the population during the
past 50 or 100 years.
4. On searching for a cause, I was led to trace back some of the
pedigrees of the Syuds of Tatta, and 1 found that, not only had the
numbers of marriages among them lessened, but that the proportion
of children born to those who did marry had decreased gradually,
during the last four or five generations, from 8 or 10 to 1 or 2, or
sometimes to none at all. I append, as an example of this, the pedi
gree of the present Kardar of Kurrachee, Syud Goolam Hoosein.
5. On looking for a reason for these facts, I found that, for the
last three generations, the marriages which had taken place had been
mainly confined to first or second cousins, and the natural result of
such intermarriages was the main cause for the decrease in the popu
lation. 6. On inquiring why marriages had been so confined to near
relatives, I was told that the great expenses attendant on such occa
sions prevented many from entering into that state, and induced
those who did seek for wives to look solely among their own imme
diate relations, that by exchanging, as it were, a son for a daughter,
the two unions were celebrated at once, and at comparatively small
expense. 7. This led me to inquire as to the cost of such ceremonies, and
I then learned that, among the Syuds and people of Tatta, such
affairs were regulated by a scale which had been handed down for
many generations, any deviation from which was looked on as some
thing like a crime.
8. I spoke frequently on the subject with members of this great
religious community, but more especially with Syud Saber Ali Shah,
on whom I at last succeeded in impressing my opinion, that it was
high time for the people to change the custom of their ancestors.
9. My wish and my advice was, that they should do this of them
selves, as I explained to them it was not a matter Government would
willingly meddle with ; but I was always met with so many assertions
as to the impossibility of such a course without Government inter
ference, that I had almost given up the matter in despair.

10. On my return from Upper Sind in April 1856, with the late
General John Jacob, then Acting Commissioner, during your absence
in England, 1 met at Tatta Syud Saber Ali Shah, and some of his
brethren. On referring to the oft-repeated subject, they admitted
most fully the great mischief which ensued from a strict adherence to
old customs, and again begged that Government would interfere ; and
quoted the instance of Captain Rathborne, the late Collector of Hydra
bad, who issued orders on a similar subject in some parts of that Zillah.
11. I spoke to General Jacob, and, on laying the whole case before
him, he authorised the issue of the proclamation quoted by the
Moonsiff, to whom I then confided the conduct of this delicate yet
very important matter. He, while Head Moonshee in your Office,
had often assisted me in my inquiries, and was well acquainted with
my views on the subject. I gave him general instructions for his
guidance, and especially pointed out to him the necessity, if possible,
of getting the people themselves to take the necessary steps to break
the chain which bound them.
12. The progress of the matter from this date is narrated by the
Moonsiff, Syud Ameenoodin, in the report now appended. This
officer is a native of the Ahmedabad Zillah, and has been employed
in Sind for the last six or seven years. The result, so satisfactory to
me and beneficial to the people, is mainly owing to the very able
manner in which the Moonsiff carried out the project. The result
has been, as I hoped, that the people, by a voluntary effort, cast off
the trammels with which they had been fettered, and bound them
selves to observe, for the future, the more sensible scale of ceremonies
and fees (showing a reduction in expense of about 85 per cent.)
which the Moonsiff has appended to his report. The peculiar cere
monies, as set out in his statement, will be read with interest, as
giving a curious insight into the manners and customs of the people.
13. I now find that these modifications and reforms have been
strictly carried out, and that the increase of marriages has, in conse
quence, been greater. I therefore have the additional satisfaction of
1 aying before you, at the same time, both the scheme and the results
which have followed its adoption.
14. Should you think it sufficiently important to lay the matter
before Government, I beg that some recognition of the Moonsiffs

successful exertions may be awarded, and that Syud Saber Ali Shah
may receive some token of the satisfaction of Government for his
efforts in the cause, which has resulted in so much benefit to his
fellow-countrymen. I have the honour to be, &c.
(Signed) J. Gibbs,
Judicial Assistant Commissioner.
On the Indus, 19th March 1859. (True copy)
(Signed) M. J. S. Stewart,
Assistant Commissioner.

Kurrachee, 30th June 1857.
To J. Gibbs, Esq.,
Judicial Assistant Commissioner in Sind, Kurrachee.
Sir,-^— In reference to the proclamation of the late Acting Commis
sioner, General Jacob, and the instructions from time to time received
from you, I have the honour to forward my report, on the subject of
the revised rules for family ceremonies adopted by the Mussulman
population of Tatta.
2. As you are aware, the customs which have so rigidly prevailed
among these people for some centuries past, have been considered as
compulsory, both on the rich and poor without exception ; and to
continue the celebration of their birth, marriage and funeral ceremo
nies with a degree of splendour which involved very heavy expenses,
has been looked on as an obligation. The result of this is that at
present, very few of the Mahomedan population of Tatta remain
without being deeply encumbered with debts, and consequently the
greater portion of them, more particularly the Zemindars and other
agricultural classes, have been reduced to the greatest destitution,
and in many cases it has prevented their following up their respective
occupations.

6
3. On first inquiring into this matter, it appeared to me hardly
possible to induce the people to reduce these expenses, although their
existence had brought several respectable families to very great distress,
even driving them to dispose of the whole of their property at a great
loss ; and many a female had continued unmarried until her death, and
many a male had also, from a sheer want of means, remained until
old age without the chief rite of his religion having been performed ;
and although both these circumstances, and more particularly the
latter, are ever looked on as most degrading to the parents, still, so
great was the wretchedness which prevailed among the Mahomedans
at Tatta, that while they had no other resource than publicly to
celebrate their birth, marriage and funeral observances with the
greatest possible splendour, they yet privately, not only actually
neglected the aforesaid most sacred duties towards their children, but
were also literally reduced to starvation ; so that, by such improvi
dent customs on the part of the Mahomedan community of Tatta, it
may be well said that with them "it was one day a feast, and the
remainder of their lives a perpetual fast."
4. As such compulsory customs did not prevail either in Guzerat
or in the Deccan, or indeed in any other part of the Company's ter
ritories, I undertook the task of attempting to persuade these people
to agree to a plan for the reduction of these most injurious expenses.
5. Accordingly, during the Acting Commissioner's visit to Tatta
in March 1856, I met Syud Saber Ali Shah and Alia Bux Shakranee,
and a few more of the leading members of the Mahomedan commu
nity of that town, and in course of conversation, gradually opened to
them various points connected with the ceremonies of Mahomedan
births, marriages and funerals, as they obtained elsewhere, taking the
opportunity, in the meanwhile, of pointing out how much it would
conduce to their prosperity if such ceremonies were on a similar scale
introduced in that place. After some discussion, I was told in reply
that there was very little probability of a successful introduction of
these views into Tatta, or indeed of any attempt whatever towardg
an alteration of the customs or usages which prevailed there ; that
female ascendancy was great in the town ; that the higher the ex
penses were in the celebration of their birth, wedding and burial
feasts, and the more frequently these festivities occurred, the better

such occasions served the purposes of their females, as it gave them
so many more opportunities of meeting and gossipping together, than
they would otherwise have obtained. And further, that as their
'male relatives became, by the effect of such meetings, so much in
fluenced by their wives and other female connections in the control
of their domestic affairs, it was not likely they would on any account
be induced to act in opposition to their wishes. However, as, upon
further discussion, some of those present began to appreciate the fact,
that the introduction of a revised rule would, on the whole, have a
very beneficial effect, I availed myself of the opportunity ; by an ear
nest appeal to their feelings as a nation, I asked them to give me the
promise of their sincere and cordial co-operation in the matter ; and
truly glad was I to find, that they proffered me this assurance in the
most solemn manner.
6. The result of this conference I reported to you, and as I felt
that there existed some prospect of a favourable result, if the measure
could receive some official notice, you were pleased to consult the
Acting Commissioner ; and a Persian notification, of which the follow
ing is a translation, was drawn up and issued under date 7th April
1856 :— Notification.
" It has come to the notice of Government, that owing to many
causes, which it is not necessary here to mention, the inhabitants of
Tatta have become less wealthy than they were in former days ; but
that from pride, and the desire of keeping up old customs, they have
not yet agreed to diminish the cost of marriage and burial expenses,
which are now as splendid as they were in the former days of pros
perity. The Acting Commissioner, having heard that the inhabi
tants of the city of Tatta are desirous that some arrangements should
be made, whereby the expenses of weddings and funerals should be
lessened, and at the same time the character of the people should be
preserved, is pleased to suggest to the leading people of the place,
that they should assemble and consider in what way this most desi
rable alteration may be arrived at ; and in order that their views
may be thoroughly understood, and at the same time advice and
counsel may be offered them, he is pleased to appoint Syud Amee-

8
noodin wullud Syud Moyideen, Moonsiff of Kurrachee, to attend at
the proposed assembly, and be the bearer of the wishes of the people
to himself. After which he will issue such orders as, after consider
ing what the assembly may recommend, he will think most desirable
to the end in view." By order, &c.
(Signed) J. Gibbs,
Assistant Commissioner.
1th April 1856.
7. This was forwarded to the Mussulmen of Tatta through
Syud Saber Ali Shah, and in accordance with orders I received
from you, I proceeded to that place during the Dewallee holidays.
8. I reached Tatta on the 30th October last, obtained an early
interview with Syud Saber Ali Shah and Alia Bux on the subject
of my mission ; and on the following day, I issued notes to the whole of
the Mahomedan gentry of the place, inviting them to assemble in the
Jooma Musjid on the 1st November. The middling and lower
classes were in the meanwhile invited to the assembly by beat of tom
tom through the public streets. Even at this juncture, a feeling was
evinced as to the utter impracticability of breaking through long-
established customs. A good portion of the community therefore
looked upom the movement as a mere farce, others viewed it as a
mere child's play, and all seemed to think that the affair would end
in nothing. But amid these discouraging manifestations, I felt, I
am grateful to say, not the less sanguine in my effort to bring about
a cause, which had for its object the one great and laudable desire of
doing good, and of effecting a most desirable improvement in the
social and moral condition of the people of Tatta, who, by their own
folly, were inevitably fast plunging into the very depths of irretriev
able ruin. And yet I felt, I must confess, not a little concerned to
find, in the pursuit of this good work, that the ladies of some of the
respectable families were — certainly not from ignorance (for that
indeed would, under the circumstances, have been in a great measure
pardonable), but from selfish motives, as above explained, — at the
bottom of the opposition which had been evinced against the dis
continuance of a single ceremony, which had for its object the effect

9
of reducing the expenses and lessening the number of the feasts; and
yet too many of these rites were not only quite superfluous, but
positively without a meaning.
9. However, on the 1st November, the day appointed for the
meeting, the Mahomedan inhabitants, of every class and profession,
did attend at the Jooma Musjid. One feeling seemed at first to
pervade the whole assembly, namely, that they came there merely to
satisfy the idle curiosity of meeting and beholding a crowd, without
indeed the remotest wish of seeing a most desirable cause carried by
general acclamation. I felt I was in a critical position, and therefore,
with all the energy I could possibly command, I rose, and in as
respectful, feeling and cordial a manner as possible, addressed the
assembled crowd, first in Persian, and then in Sindee, to the following
effect : —
" My dear Gentlemen and Friends, — It is quite undeniable that
many of the respectable families now residing in this sacred town of
Tatta have been settled in it ever since the times of the Delhi
Emperors, and that, by reason of the prosperity in those days, their an
cestors adopted very expensive modes of living ; such, perhaps, as then
seemed best calculated to uphold their dignity and circumstances.
Their birth, marriage and funeral ceremonies would appear therefore
to have been celebrated with great pomp and splendour. Still, it is no
secret that these very expensive customs have proved the ruin of
many a respectable family of this town. Whatever may be our lot
and condition, whether the same be prosperous one day and adverse
another, it is but proper that we should always live within, and not
beyond, our means. And if, either by the vicissitudes of life, or by
the change or fickleness of forture, we should happen to become
reduced in circumstances, it would certainly not be proper to imagine
that such would in any way increase our respectability, if even, under
such impoverished circumstances, we uphold former customs and man
ners, in view to preserving an equal reputation with our more wealthy
neighbours. This would be neither wise nor judicious. The proverb
is well known—' That wealth should be sacrificed to preserve life, and
that life should be sacrificed to preserve honour ;' whereas, in the case
of the Tatta people, they evidently lavish wealth to destroy and
not to preserve life, because, by living beyond their means, they

10
inevitably draw on themselves, not prosperity or comfort, but misery
and ruin.
" These observations do not, perhaps, apply so strongly to such
families as continue to be in affluent circumstances, but they un
doubtedly do so to those who are not in such circumstances ; and
helpless and destitute as many of you are, you feel no hesitation
whatever, with a view merely to vie with your more wealthy neigh
bours, in making it compulsory on yourselves to incur the same
expenses as they do in your birth, marriage and funeral ceremonies ;
and by this many families are reduced to sheer want and starvation,'
so that it may be said, by an improvident use of their wealth, they
sacrifice their lives without deriving any benefit whatever, much less
the slightest degree of honour or respect. On this point, a poet very
wisely observes, that ' No wise man will have recourse to a step
which is likely to result in repentance.' I beg therefore, with a hope
of being pardoned for my presumption in addressing you on this
occasion, to point out to you the great evils of your continuance in
the same course of life. And in these my humble endeavours, I hope
to meet with your fullest concurrence ; and moreover, that my
observations will not only be received in a kind and cordial feeling,
but that they will secure the entire approbation of this large and
respectable assembly.
f' It will indeed be an act of generosity on the part of the wealthy
members of this community, to look into the sad and wretched condi
tion of their less fortunate brethren, and to sympathize with them in
their endurance of severe trials and privations, all arising from their
being compelled, first from custom and next from a false pride, to
lead an improvident course of life ; and I would have you consider
that no family, having the fullest means to support these extra
vagant ceremonies, injures its respectability or reputation in any
way, when, with a view to secure the comfort and prosperity of
its indigent brethren, it yields assent either to the reduction or
abolition of the very numerous and expensive rites which at present
attend the ceremonies alluded to. On the contrary, such an act of
generosity, so far from detracting in any way from your respectabi
lity, will most surely redound to your honour. I therefore implore
th.e members of this community generally, and more particularly

11
such of them as have the means of meeting the expenses of such
pompous displays of feasting, &c, that they will, by way of example
and for the sake of their indigent brethren, study a little self-denial,
by consenting to the reduction and abolition of these ceremonies. A
poet says, — ' It will be a great reward to thee, 0 Master of the harvest,
if you will look with an eye of pity on your poor labourers.' In
like manner, your assent, I need scarcely add, will be the means of
alleviating much of the distresses of your poorer brethren, while, at
the same time, you will derive the inestimable benefit of ensuring
" them great relief. I entreat you therefore to believe that you are not
acting so much for yourselves, as you are for the welfare of your
fellow-men ; and as this indeed is genuine charity, I need make no
further appeal to your good sense and -feeling, confident of your co
operation in carrying out some of the wished-for modifications, and
that you will give your assent to whatever plan you may consider
best suited to the happiness and prosperity, not only of yourselves
individually, but of your families and townspeople generally. And
may Heaven bless and attend our efforts in this righteous cause.
What more can I say ?"
10. After concluding the above address, a paper was laid before
the assembly, exhibiting two columns, " For" and " Against" the
proposition, for reducing the birth, marriage and funeral ceremonies.
After some of the heads of families had signed in favour of a reduc
tion, happily the whole of the assembly felt stimulated to follow their
example, and thus the column ""against" the proposition remained
entirely blank. This being done, several of the leading members of
the community were requested kindly to furnish lists of all cere
monies in existence, with their respective costs, as well as with an
other list, to show what reduction they proposed. The meeting was.
then adjourned, with an arrangement that they should re-assemble on
the 3rd November following.
11. I received two lists, which I here forward, drawn up into
one statement marked A., a day prior to
Appendix A. the adjourned meeting which assembled
at the Jooma Musjid on the 3rd Novem
ber, when the two lists were submitted for general approval, accoin^
panied by the following address on the occasion ;—

12
" It may now be very generally known that I have been deputed
here, for the purpose of assisting you in an arrangement towards
reducino- the very heavy expenses which have hitherto prevailed
among the Mahomedan inhabitants of Tatta in the celebration of
their birth, wedding and burial ceremonies. A large meeting of the
community assembled at this sacred Musjid on the 30th ultimo, and
the appeal I made to several heads of the families has been answered ;
and I have been favoured with a list of ceremonies hitherto in prac
tice, and another showing the proposed revision, and, in accordance
with the wishes of some of the heads of families, I have prepared*
certain rules which it is proposed should be observed with regard to
the revised ceremonies, and which I trust will meet with the entire
approbation of this respectable assembly."
12. The rules herewith forwarded, marked B., were next read
aloud to the assembly, and explained in
Appendix B. the vernacular language ; several objec
tions were raised on certain points. Some
discussion ensued, but they were finally adopted, and ratified by a
solemn declaration on the 1 st chapter of the Koran.
13. After this, Kajee Abdool Rahim, at the request of the meet-
ino- at large, read a suitable prayer, which was offered up with great
solemnity, and received with the most silent and careful attention.
And it afforded me an additional pleasure to observe, that one and all
of the assembly, impressed with a due sense of the benefits secured
for themselves, evinced not only much satisfaction, but also expressed
themselves in sentiments of deep and heartfelt gratitude for the
solicitude and interest which had been so benevolently taken by
Government on their behalf.
14. I am happy to state that the revised rules have been very
cheerfully observed, on every occasion of a family ceremony which
has taken place since the date of the meeting ; and the people appear
the more satisfied, the more the rules are acted upon.
15. In conclusion, I feel that I should be wanting in my sense of
duty were I to omit this opportunity of bringing to your very favour
able notice the great and valuable assistance and advice which I
have, throughout my recent mission to Tatta, received at the hands
of that excellent and highly respectable Mahomedan gentleman,

13
Syud Sabur Ali Shah, for, had it not been for his cheerful and
steady co-operation with me, I fear that my labours would not have
met with that perfect success, which I have every reason to believe
they have now fully attained. He was among the first to carry out
the revised rules -on the occasion of the death of his younger brother,
who died shortly after the general assembly at Tatta was convened ;
and though not wanting in pride, and a love of pomp and grandeur,
he, on that occasion, dispensed with the whole of the rites struck off in
the revised list of ceremonies, and strictly confined himself to the
"observance of those only which remained. Under these circum
stances, I beg that I may be pardoned in soliciting for him the fa
vour of a letter of thanks, or such other suitable acknowledgment as
the Commissioner may deem proper.
16. Respectfully trusting, at the same time, that my humble
exertions, as set forth in this report, may meet with your approbation,
I have the honour to be, &c.
(Signed) Syud Ameenoodin,
Moonsiff of Kurrachee.
Kurrachee, 30iA June 1857. (True Copy)
(Signed) M. J. S. Stewart,
Assistant Commissioner.

APPENDIX A.

Statement showing the Expenses formerly incurred, and those to be incurred henceforward, by the
Mahomedan Population of Tatta in the celebration of Family Ceremonies.

Description op Rites.

8

9
10

BIRTH.
Feasting female relatives for five days 
On the sixth day, a general feast given to men and women, once
to the former and twice to the latter 
Music on birth-day, and on the sixth day after birth 
Od the sixth day a general distribution of two and a half annas
to each guest 
On the fortieth day, a feast in the morning and another in the
evening, given to females 
Distribution of sweetmeats 
Anointing with oil on the day of birth 

Child's silting in Cart.
A general distribution of sweetmeats and a feast to friends.

Akeeka, or first application of the Razor to the Child's Head.
Feasting female relatives for two days on this occasion 
Another feast to females in the morning and evening of the
day of Akeeka  „ 

Expenses heretofore incurred.

1st Class or
the higer
Grades.

20
150 30
200 20
100 30

50

3540

550

50

2nd Class or
the middle
Grades.

Cost. Total.

50
80

4020

30

190

30

3rd Class or
the lower
Grades.

Cost. Total.

Es.

40

10

10

55

10

Expenses to he incurred henceforward.

1st Class or
the higher
Grades.

Cost. Total.

Es

80

Es.

83

2nd Class or
the middle
Grades.

Cost. Total.

Es.

30

Es.

33

3rd Class or
the lower
Grades.

Cost. Total.

Es.

10

Rs.

II

11
121314 15 16

A general feast while the child is being shaved 
Distribution of two annas and six pies to each person in family.
Distribution of Sumoosas 
A feast to friends of both sexes, twice morning and evening
after Akeeka 
Distribution of a dish of pulao to friends 
Music for two days 

17 18 1920 21

Child cutting Teeth.
Distribution of sweetmeats 
Child when able to walk.
A general distribution of sweetmeats and a feast to females, both
morning and evening 
The first time a child is taken out of the house, a distribution
of sweetmeat 
A general distribution of two annas sweetmeat to each person,
and a feast to females, morning and evening, on Bhajee ....

School day.
A distribution of sweetmeat and a feast, both morning and even
ing, to females 

22 23
24
25

2627

Finishing Koran.
A distribution of one anna and three pies to each guest 
Ditto . ditto dittto and a dish of pulao . .
Ditto sweetmeat 
A feast to men and women, once to the former and twice to
the latter  Turban before Circumcision.
Distribution of two annas and six pies to each person, and a
feast morning and evening 
Distribution of milk, whilst tying on the turban 

Carried over. . . . Rs.

200 80 504030
40

20

75 10
400

30

60
100 40 80

260 20

90
40

50

40

30

15

515

20

130

50

40

30

15

30

10

485

30

30

80

10

SO

Cn

280

2S0

2210

2060

80

10
50

60

80

30

30

80

30

30

460

185

2S3

93

56

*6 >1-4

Description op Rites.

Expenses heretofore incurred.

Expenses to be incurred henceforward.

C
<7] CD
s c

1st Class or
the higher
Grades.

2nd Class or
the middle
Grades.

3rd Class or
the lower
Grades.

1st Class or
the higher
Grades.

2nd Class or
the middle
Grades.

3rd Class or
the lower
Grades.

o

Cost-

Total.

Cost.

Total.

cost.

Total.

Cost.

Total.

Cost.

Total.

Cost.

Total.

28

Brought forward. ... Rs
Circumcision.
Feasts to friends of both sexes, morning and evening, on the day

Es. 200 eo
350 40
40
250 40
150
200400
400 20
40

Es.
2210
2210 300 10

Es.150 30
200 4050
200150

Es. 460S20

Es. 100 10
30 30
100 75

Es. 185345

Ks. 40 15
40 40
'so 60 2

Es. 283 267

Es, 40 10
30
*60 30

Ks. 93
160
. a

Es. 20 20
*30 20

Ks. 56

29

30

31
32
A feast to females on the day of " Phoolbundee" or day of re
covery, on which day strings of flowers are tied round the head
33
A general distribution, both morning and evening for two days,
3435
36
A feast to the females on the occasion of putting on ivory bangles
A feast to the male's relatives and friends 
Distribution of sweetmeat on the third day of circumcision,
37
38
39
40
Kooroornoo or distribution of Cash or Dishes of Pulao among
Females.
90
41
300
On reaching the Age of Puberty.
42
10
, B
""
Oi
43

¦ 44

Small-pox.
Distribution of sweetmeat and dinner to friends once, for the
males 

45

Archery.
Distribution of sweetmeat 
First return from a Journey.
Distribution of sweetmeat 

10 11

Total cost on account of ceremonies up to marriage. . . .
MARRIAGE. Bridegroom.

A feast to females on the day when rice is received from the
bride, in token of consent to the match 
And a general distribution of sweetmeat on that day 
Sweetmeat for distribution in the family of the bride on that day.
Ditto ditts ditto on holidays.
A female feast on the day of cleaning the rice for betrothal . .
A feast to females and distribution of sweetmeat on the day of
mapa, or measuring the bride's feet and body for a suit of clothes
A feast to females on the day of betrothal 
Distribution of sweetmeat on the night of betrothal to male
guests 
A general distribution of dishes of pulao on the day of betrothal
among females  .,  <• 
A grand dinner on the day of betrothal  • 
A distribution of two annas and six pies to each guest on the
day of betrothal 
21 Fireworks 
13 Feasts to relatives for two days after betrothal  , , ,

Carried over, , , . Rs. 1250

130

50

30

20

20

130

20

20
4900

50

30

1330

560

550

253

146

20 40
100 20 4020
140
120200
200300 1040

20 10
40 10
20 20

SO
150200
550

5
10
20 1010 10

10

20

95

10

15
"o0 75

10

15

10

14 15
1617
1819
20
2122 2324
2526272829

30

Description op Rites.

Brought forward .... Rs.
A family feast on the day of cleaning rice for marriage 
A feast to females before the day of Wunna, or the day when
the time for marriage is to be fixed 
A general feast on the day of Wunna 
Distribution of six pies on the day of Wunna 
Distribution of Joras on the day of Wunna 
A general feast on the day of salt ceremony, or anointing
bridegroom with oil 
Distribution of Joras and Sumoosas on the night of Hina or
Minbdee 
Distribution of dishes on the day of Hina 
Ditto of six pies on account of Sehra 
Ditto of dishes on the day of Hooroom or female enter
tainment 
Distribution of two pounds of milk to each individual guest. .
Clothing to relatives and friends  
A dinner party to the relatives and friends on the part of the
bride 
A general feast the night before marriage, and continued for two
days, both morning and evening 
A feast on the day of " Salam" after the marriage 
And music for six days 

BRIDE.
Feasting females on the day the rice is sent to the bridegroom
morning and evening 

Expenses heretofore incurred.

1st Class or
the higher
Grades.

Cost. Total.

1250 2020
150 80
150600400 150 60
150 75
600 40
600 50
60

10

2nd Class or
the middle
Grades.

Cost. Total.

4455

550 20
*30
400250

40
200

200 40

10

1730

3rd Class or
the lower
Grades.

Cost. Total.

Rs. 9510
'io

15
100

150 'io

390

Expenses to be incurred henceforward.

1st Class or
the higher
Grades.

Cost. Total.

Es. 75

50
280 50
100
300

20

Es.

875

2nd Class or
the middle
Grades.

Cost. Total.

15
*30
100 40

20

205

3rd Class or
the lower
Grades.

Cost. Total.

Es. 10

20 50 15

10

OO

105

31 Presents to bridegroom on holidays 
32 Ditto ditto on day of mapa 
33 Feasting females on the day of mapa, both morning and evening
34 And a feast to that sex on the day of betrothal, morning and
evening 
35 Two pitchers of milk and sweetmeat to the bridegroom on the
night of the betrothal 
36 Presents to the bridegroom on the night of betrothal ....
37 Clothing to the relatives of the bridegroom on the night of
Wunna 
38 A general feast on the day of Wunna and salt ceremony 
39 Distribution of sweetmeat on the day of Salam 
40 A feast on the fourth day, and distribution of " Nan" and
pulao 
41 A general feast on the first four Fridays, as well as distribution
of dishes of pulao . 
42 Distribution of milk and dholl to the assembly on the night of
marriage 
43 Two seers of milk to each house 
44 A distribution of six annas to each individual in family for
different rites 

4546 47 4849 50

515253

Fifth month of Pregnancy.
Feasting females on the first day 
Distribution of two annas to each guest 
General distribution of pulao in dishes, both morning and
evening  , 
Distribution of milk, with parched powa (parched rice) . .
Ditto of sweetmeat 
A feast morning and evening, followed by another the next day.
Seventh month of Pregnancy.

A feast to females on the first day 
A distribution of six annas to each guest.
Ditto of dinner  , ,

Carried over....Rs

10

10

5

1
5
5
5
, #
, .
, ,
20
••
••
••
••
••
40
15
..
..
..
..
10
7
5
10
5
3
30
10
••
30
20
10
500
300
80
150
50
20
150
100
40
, ,
40
20
¦•
20
20
5
150
50
25
10
. .
150
50
20
20
10
5
180
40
10
80
••
••
••
80
1455
••
617
••
195
50
290
105
5
5
5
80
80
••
100
40
30
15
10
, ,
150
405
150
250
50
65
5
5
5
250
200
, .
100
100
80
20
15
10
355
6315
305
259/
85
650
20
1165
15
310
10
43
CD
148
54
55

Description of Rites.

Brought forward. . . . Rs.

1011 12 13

A family feast for three days 
Distribution of clothing to near relatives

Total cost of marriage ceremonies

FUNERAL.

A dinner to the funeral party on the day of decease 
A dinner to females for four days 
A distribution of five annas to each guest on the third day . .
A feast on the fourth day 
General distribution of two annas on the fourth day 
On the fortieth day, a distribution of complete dinner set to
Maollas 
A feast on the fortieth day 
Feasting on the 10th, 21st and 30th days, and on all holidays in
the first year 
On the fourth month, distribution of four annas and Halwa. . . ¦

AKABIREE.

Distribution of a grand dinner set 
A feast on the expiration of the first year
Distribution of two annas per head 
Ditto of four annas with Kubab .

Expenses heretofore incurred.

1st Class or
the higher
Grades.

Es. 355 80
200

200 100
300
200 100 30
200 40 50

800350 100100

Rs.
6315

635

6950

1220

2nd Class or
the middle
Grades.

Cost.

305

200

100 40
120100

100 15

200

Rs.
2597

505

3102

475

3rd Class or
the lower
Grades.

Cost.

85

75

50
40
'75

7510

100

Total.

650

160

810

250

Expenses to be incurred henceforward.

1st Class or
the higher
Grades.

Ks, 20

Tetal.

1165

20

1185

205050

50

50

170

2nd Class or
the middle
Grades.

Cost.

Rs. 15

15

15

15

Es. 310

15

325

37

3rd Class or
the lower

Cost.

10

10

10

10

Ks. 148

10

158

o

23

1415 16 17 18 19 20 21 2223

Ditto of two annas on the following Rujab 
Ditto of one anna on the Sub-Barot 
Ditto of two annas on the Rumzan Eed 
Ditto ditto ditto Bukree Eed  , 
A feast on the expiration of the second year 
A distribution of three Tukkas per each head  .
A feast on the day of Eedut, or on the expiration of the time
within which is not allowed to be remarried 
Distribution of four annas, with Halwa 
Ditto of two annas per head 
Ditto of clothing  -  - 

Total cost of funeral ceremonies. .

ABSTRACT.

Total cost of birth ceremonies 
Total cost of marriage ceremonies 
Total cost of funeral ceremonies  Grand Total.... Rs.

100 50

, .
100
•¦
100
150
150
••
80
50
20
50
15
10
100
, ,
, .
. ,
..
..
100
50
, ,
. ,
50
50
25
50
30
20
2330
••
350
••
145
••
150
••
60
••
40
••
3550
825
395
320
97
63
4900
1330
560
550
253
146
6950
3102
810
s •
1185
, m
325
. ,
158
••
3550
••
825
••
39 5
••
320
••
97
••
63
"
15400
••
5257
••
1765
••
2055
••
675
367
to
(Signed) Syud Ameenoodin,
Moonsiff of Kurrachee.
Kurrachee, 30th June 1857.
(True copy)
(Signed) M. J. S. STEWART,
Assistant Commissioner.
Contrasted Statement showing the difference between the Expenses which were formerly incurred by the
Mahomedan Population af Tatta in the celebration of Family Ceremonies, and those to be hereafter
incurred on the same account.

Ceremonies.

Total expenses formerly
incurred.

Total expenses to he
incurred.

Total Amount of decrease.

Total per-centage of decrease in ex
penses proposed for the future.

1st Class.

2nd Class.

3rd Class.

1st Class.

2nd Class.

3rd Class.

1st Class.

2nd Class.

3rd Class.

1st Class

2nd Class.

3rd Class.

Birth 

Rs.
4,900 6,950
3,550

Rs.
1,330
3,102 825

Rs. 660
810 395

Rs. 550
1,185 320

Rs. 253 325 97

Rs. 146158 63

Rs.
4,3505,7653,230

Rs.
1,077
2,777 728

Rs. 514 652
332

Rs. a. p.
87 10 7
82 15 10
90 15 9

Rs. a. p.
80 15 8
89 8 7
88 3 10

Rs. a. p.
77 14 1

80 7 10

Funeral 

86 13 4

Grand Total. . Rs.
15,400
5,257
1,865
2,055
675
367
13,345
4,582
1,498
Average.
86 10 6187 2 7180 13 9
Kurrachee, ZOth June 1857.
(Signed) Syud Ameenoodin,
Moonsiff of Kurrachee.
to to
23

APPENDIX B.

Rules to be observed by the Population of Tatta in the celebration of
Birth, Marriage and Funeral Ceremonies, as well as the penal
ties which will be incurred in case of infraction thereof.
1. No individual should expend more than what is laid down in
the accompanying list, for the performance of ceremonies attending
births, marriages and deaths ; and every body shall strictly observe
the same, as the revised rules for future guidance.
2. Whoever has not sufficient means to observe the ceremonies
under the reduced rates now introduced, may decrease the expenses
according to his means, but he should not run into debt ; and should
any person be found borrowing for the purpose, he will be considered
as infringing the rules.
3. Whoever may have knowledge of a person exceeding the
revised expenses, or of one who thus unnecessarily contracts debt, and
shall at the same time fail to bring such infringement of the rules to
the notice of the Punchayet, will be considered as having himself
violated the rules.
4. Whoever, for want of sufficient means, delays carrying out
any of the abovementioned ceremonies, while he is at liberty to do
so without incurring any expense whatever, shall be considered guilty
of infringing these rules ; and the concealment of such unnecessary
deLiys, will also be considered an offence.
5. The observance or introduction of any ceremonies, other than
those herein laid down, is forbidden.
6. No person, being accustomed to observe the old ceremonies,
should ridicule others for adopting those which are contained in the
revised list ; but they should, like them, do the same and no more.
7. Heads of families should exert themselves in inducing the
people to act according to these rules, and prevent them, as far as

24
they can, from exceeding their means by borrowing money in the
performance of any ceremony.
8. The head of a family will be held to blame for any infringement
of these rules, on the part of any junior member of his family, unless
he had previously warned the party aginst it, and in the meanwhile
brought the same to the notice of the Puuchayet.
9. Any person aiding such party as may seek to infringe the rules
now established, will render himself responsible for the same, as well
as the party so offending.
10. Any person infringing any ofthe above rules will be liable
to a fine not exceeding 500 Rupees, according to the nature of the
offence, to be paid to the Punchayet.
11. The amount of fine, if recovered, or a portion thereof, may,
at the pleasure of the Punchayet, be given to those who are in
indigent circumstances, to enable them to get their sons circumcised
and their daughters married, provided always that poverty be proved
by a certificate from the Kazee.
12. The Punchayet may, from time to time, modify the rules, in
whatever manner they may consider just and proper.
13. A copy of these rules should be furnished to the Magistrate of
Kurrachee, Mooktyarkar and Kazee of Tatta. Any person wishing
to obtain a copy thereof, for information and guidance, may do so by
applying to either of those Officers.
14. That in cases of difficulty, the Punchayet will apply for ad
vice to the Magistrate. (True Translation)
(Signed) Syud Ameenoodin,
Moonsiff of Kurrachee.
Kurrachee, 30th June 1857.

Appendix.
Form of Declaration attached to the Rules.
We the undersigned, on the 1st Chapter ofthe sacred Koran, do
hereby solemnly declare that we shall ever observe the rules above
laid down in regard to the expenses to be hereafter incurred by us

25
on occasions of birth, marriage, and funeral ceremonies ; and we do
further declare, that we will not exceed the same even to the extent
of a hair. We, with our free will and consent, bind ourselves to
the declaration now solemnly made by us in this great and cele
brated Musjid of Tatta, this 4th Ruboolawul 1273, corresponding
with 3rd November 1856. (True Translation)
(Signed) Syud Ameenoodin,
Moonsiff of Kurrachee.
Kurrachee, 30th June 1857.
(True Copies)
(Signed) M. J. S. Stewart,
Assistant Commissioner in Sind.

PEDIGREE OF THE KARDAR OF KURRACHEE.

1

Shaik Abdool Humeed = a lady not a relative
3 I 4

Kumroodeen =(1) a cousin
(no family)
(2) a cousin
(no family)
(3) a very distant
connection

Sudroodeen-a lady not Noor MahomeA lady ndt Nujmoodeen, Budroodeen, a daughter a daughter

a relative

a relative 1

O. S. P.

O. S.P.
2

Abdool Sultur

I

ra cousin,

d. of Kumroodeen 0. S. P.

Wali'ana, Jooma=a lady not a daughter

O.S. P.

1

a relative
(died in
child-bed)

r  i " i
Noor Mahomed, Abdool Sultur, a daughter a daug
aged 8 years O. S. P

Mahomed Bakur = a cousin,
d. of Kumroodeen

I

a daughter a daughter a daughter
2 3 4

Mahomed Shakir = a lady not Abdool Kader = a lady not a daughter a daughter
1 , ¦ a-a. T.a J-i 1 Jt i--t *T £*

a relative
O. S. P

a relative

1

Only lately married
3

3 daughters who
died infants

6

Sahebna = a cousin,
d. of Sudroodeen
O. S. P.

M.hc.d I_~ i « .J- A"»l K„,e„. L,?,k» -Jl). =i„, _^5h«e, . l^tt. . d^.e, . d.„

1

Ghoolam Hussein,
Kardar of Kurrachee

= a cousin,
d. of Md. Bakur

Hedayutoola, Faiz Mahomed,
0. s. P. o. S. P.

d. of Noor Mahomed
(no family)
(2) a lady not
a relative 2

Son

daughter

 v" 
both died infants

Note.—O. S. P., died -without offspring.

Kumroodeen, Abdool Kurreem, a .daughter a daughter
aged 7 years aged 3 years

(Signed) J. GIBBS,
Judicial Assistant Commissioner in Sii

27

No. 1326 of 1859. General Department.
To the Commissioner in Sind.
Resolution of Government, dated the 25th May 1859.
Government have perused, with much gratification, the corres
pondence submitted by Mr. Frere.
2. For his labours in the matter referred to in the correspondence,
Mr. Gibbs is entitled to the thanks of Government, and the Com
missioner in Sind should be requested to communicate the same
to him.
3. With reference to the 4th paragraph of Mr. Frere' s letter, he
should be requested to state what, in his opinion, would be the most
suitable way of marking the sense which Government entertain, of
the praiseworthy exertions of Syud Ameenoodin and Syud Saber
Ali Shah.
4. When this correspondence shall have been finally disposed of,
it should be placed in the Editors' Room, and printed as a Govern
ment Selection, as suggested by Mr. Frere.

No. 288 of 1859. General Department.
From the Commissioner in Sind,
To the Right Honourable Lord Elphinstone, C. C. B. and G.C.H.,
Governor and President in Council, Bombay.
Dated 23rd August 1859.
My Lord,— In reply to the 3rd paragraph ofthe Government resolu
tion, noted in the margin, on the corres-
No. 1326, dated 1st June pondence regardingthereduction of expense
1 859- in the domestic ceremonies of the Mahome-

28
dan population of Tatta, I have the honour to submit, for the consi
deration of your Lordship in Council, that Law-books, of the value of
Rupees Two hundred (Rs. 200), be presented to Syud Ameenoodin,
the Moonsiff of Kurrachee, and Persian and Arabic Works, of the
value of Rupees One hundred and Fifty (Rs. 150), be presented to
Syud Saber Ali Shah, of Tatta.
2. Should your Lordship in Council approve, I would suggest
that Mr. Gibbs may be permitted to purchase such of the books as
he may be able to obtain in Bombay, and that the orders of Govern
ment be communicated to him direct.
I have the honour to be, &c.
(Signed) H. B. E. Frere,
Commissioner in Sind.
Commissioner's Office, Kurrachee,
23rd August 1859.

No. 2148 of 1859. General Department.

To

The Commissioner in Sind,
The General Paymaster,
The Acting Civil Auditor,
J. Gibbs, Esq., Civil Service.
Resolution of Governmeut, dated 10th September 1859.
Government approve of Sir B. Frere's proposal.
2. The General Paymaster should be authorized to disburse the
sums specified in the Commissioner's letter to Mr. Gibbs, to whom
the necessary intimation should be made.
3. Pursuant to paragraph 4 of the Government resolution No.
1326, dated the 1st June 1859, the correspondence on this subject
should be placed in the Editors' Room, and printed as a Government
Selection.

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