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THE INDIAN ANTIQUARY.
[JULY, 1874.
“2nd. --The Diwan is the supposed Magistrate for the decision of such causes as relate to real estates or property in land, but seldom exercises this authority in person.
"3rd. The Darogåh Adalat-al Aalea is properly the deputy of the Nazim; he is the judge of all matters of property, excepting claims of land and inheritance. He also takes cognizance of quarrels, frays, and abusive names
" 4th.-The Darogah Adalat Diwani, or deputy of the Divan, is the judge of the property in land.
5th. The Fauzdêr is the officer of the police, the judge of all crimes not capital; the proofs of these last are taken before him, and reported to the Nazim for his judgment and sentence upon them.
"6th.—The Qazi is the judge of all claims of inheritance or succession ; he also performs the ceremonies of weddings, circumcision, and fune. rals.
"7th. --The Mohtesib has cognizance of drunkenness, and of the vending of spirituous liquors and intoxicating drugs, and the examination of false weights and measures.
48th. The Mafti is the expounder of the law. The Q&zi is assisted by the Mafti and Mohtesib in his court : after hearing the parties and evidences, the Mafti writes the fatua, or the law applicable to the case in question, and the Q&zi pronounces judgment accordingly. If either the Qazi or Moh- tesib disapprove of the fatwa, the cause is referred to the Nazim, who summons the Ejlas, or general assembly, consisting of the Qazi, Mafti, Mohtesib, the Darogâhs of the Adalat, the Maulvis, and all the learned in the law, to meet and decide upon it. Their decision is final.
"9th.-The Kanungos are the Registrars of the lands. They have no authority, but causes of lands are often referred to them for decision by the Nazim, or Divan, or Dårogâh of the Diwani.
"10th.-The Kotvål is the peace officer of the night, dependent on the Faujdari.
"From this list it will appear that there are properly three courts for the decision of civil causes (the Kanungos being only made arbitrators by reference from the other courts), and one for the police and criminal matters, the authority of the Mohtesib in the latter being too confined to be considered as an exception. Yet, as all defective institutions soon degenerate by use into that form to which they are inclined by the unequal prevalence of their component parts, so these courts are never known to adhere to their prescribed bounds, but when restrained by the vigilance of a wiser ruler than commonly falls to the lot of despotic states. At all other times not only the civil courts encroach on each other's authority, but both civil and criminal often take cognizance of the same
subjects, or their power gradually becomes weak and obsolete, through their own abuses and the usurpations of influence. For many years past the Darogâhs of the Adâlat-al Aalea and of the Diwani have been considered as judges of the same causes, whether of real or personal property, and the parties have made their application as chance, caprice, interest, or the superior weight and authority of either directed their choice. At present, from obvious causes, the Diwani Adalat is in effect the only tribunal, the Adalat-al Aalea, or the Court of the Nâzim, existing only in name.
"It must, however, be remarked, in exception to the above assertions, that the Faujdari being a single judicature, and the objects of it clearly defined, it is seldom known, but in time of anarchy, to encroach on the civil power, or lose much of its own authority; this, however, is much the case at present.
"The court in which the Qazi presides seems to be formed on wiser maxims, and even on more enlarged ideas of justice and civil liberty, than are common to the despotio notions of Indian Governments.
"They must be unanimous in their judgment. or the case is referred in course to the general assembly; but the intention of this reference is defeated by the importance which is given to it, and the insurmountable difficulties attending the use of it: few cases of disputed inheritance will happen in which the opinions of three independent judges shall be found to concur. There is therefore a necessity either that one shall overrule the other two, which destroys the purpose of their appointment, or that daily appeals must be made to the Nazim, and his warrant issued to summon all learned in the law, from their homes, their studies, and necessary occupations, to form a tumultuous assembly to hear and give judgment upon them. The consequence is that the general assembly is rarely held, and only on occasions which acquire their importance from that of the parties, rather than from the nicety of the case itself. The Qazi therefore either advises with his colleagues in his own particular court, and gives judgment according to his own opinion, or, more frequently, decides without their assistance or presence.
"Another great and capital defect in these courts is the want of a substitute or subordinate jurisdiction for the distribution of justice in such parts of the province as lie out of their reach, which in effect confines their operations to a circle extending but a very small distance beyond the bounds of the city of Murshidabad. This indeed is not universally the case; bat perhaps it will not be difficult to prove the exceptions to be an accumulation of the grievance, since it is true that the Courts of Ada
