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which would be brought before them there were many technical niceties-niceties which the humanity of the law had countenanced; they were, upon broader principles necessary to be attended to.

The first case was one of burglary; the fact of the crime having been committed would be sufficiently proved :-there was no direct evidence of it, but two of the prisoners had confessed their guilt. As to the third prisoner, the goods were found in his house where the two other persons were concealed: -there was clear evidence against this third prisoner as to the receiving goods knowing them to have been stolen. The rule of law was, that a person indicted for felony could be found guilty of a misdemeanor. It was true that the man might be afterwards charged with the inferior crime-this course would be attended with delay, and if the Grand Jury were discharged there would be considerable delay and inconvenience.

It was

one of the first duties of a vigilant police to suppress receivers, who were a most dangerous class of offenders.

The second case was one of burglary at Mahim. The crime was committed in the house of Domingo do Quincy, a servant of one Manoel Martello; it appeared that the servant alone occupied the house. The reason which influenced the legislature in making this crime capital was the facility with which it could be committed, as well as the danger to which the lives of the inmates were exposed from the burglar. In this case, the crime was committed in the absence of the occupier of the house, who had left it animo revertendi with the intention of returning-this was a feature of the case which stamped it with less atrocity. The next circumstance in the case necessary to be marked, was a matter of form rather than of substance. The place in which the crime was committed was

clearly a dwelling house, but the question as to how the ownership should be laid, the occupation of the servant was of the master. The time at which the offence, to make it burglary, should be committed was night.

The next case was against Shaik Dowlab, a servant of the Advocate General. The prisoner was charged with stealing in a dwelling house, but it appeared that nothing had been lost. A box of jewels had been removed out of its usual place by the prisoner, and the crime must depend upon the intention. A high and proper sense of public duty had induced the Advocate General to bring this matter to notice.

In the next case the crime with which the prisoner was charged, was that of receiving goods on false pretences. The definition of larceny was taking any thing animo furando invito domino. The law, as applicable to this case, had been very fully laid down in that of Mr. Welsh, a stock-broker, who was charged with defrauding Sir Thomas Plomer, and the distinction had there been taken whether the goods had been parted with willingly or not. The general rule was, that when the owner of goods had once completed the contract for them, and had delivered up the goods without insisting on previous payment for them, there was nothing criminal, although the buyer at the time of the bargain had no intention to pay for them, and had obtained them under a false credit.

In the present case the prisoner came to the house of the prosecutor and said to him, "you are a hawker and I want some clothes." He then selected some and said, "I am a gentleman's servant; if you will come with me to my master's bungalow, I shall pay you." The prosecutor accompanied him as far as Breach Candy, and when there the prisoner pointed to the bill, and said to the prosecutor,

"my master's house is behind that bill, wait here and 1 shall get you the money." He then went away and did not return. This was the offence.

His Lordship then explained the effect of the common law, and said that, under it, the circumstances stated did not come under the definition of a larceny. He then adverted to the statute law on the subject contained in 33 Henry 8th, and 30 George 2d:-After fully explaining the bearing which these statutes bad on the case, his Lordship reduced the circumstances for the consideration of the Jury to two. 1st. Whether the contract had been complete before the prisoner asserted the falsehood, or the Prosecutor parted with the possession of the goods only without an absolute sale of them.

2nd. Whether or not the case came under the statute 30 of Geo. 2d His Lordship then remarked on a subject which had been brought to the notice of the Court at the last sessions; this was the manner in which the Grand and Petty Juries were summoned.

Various complaints had been made of the partial manner in which the pannels were returned, but his Lordship was of opinion, and his bro her Judges concurred with him,

that there was no cause of complaint against the present Sheriff. The Court would in future abide by the Sheriff's return, and would not interfere with it.

His Lordship then observed, that asthere were many technicalities in the case, he had thought proper to reduce the charge to writing and he had handed it to the foreman of the Grand Jury.-Oct. 16.

HON. MR. ELPHINSTONE. Proceedings at a numerous and respectable Meeting of the Native Inhabitants of Bombay, held in the Library of the Native Education Society, on Tuesday, August 28, 1827.

The Meeting was opened by

Madhowas Runchoddas taking the chair at the unanimous request of the gentlemen assembled.

At the suggestion of the Chairman. the object of the meeting was explained in the English, Maratha, Goojrathee, and Persian languages, viz. "to come to a resolution on the most appropriate method of attesting the affectionate and respectful sentiments of the Native community towards the Honorable Mountstuart Elpinstone, on his leaving the Governmeat of Bombay, over which he has presided for the last eight years with so much virtue, ability and integrity, accompanied with such invariable courtesy, kindness and generosity."

Framjee Cawasjee rose to state that there were several methods of accomplishing their object. They might present a service of plate; they might erect a statue; or they might draw up a suitable address:

the last of these he considered to be but a necessary accompaniment of some more permanent attestation of the feelings of their hearts. As to the terms of address, there could be but one opinion, but he entreated the Meeting to resolve in their minds, by what other means they could most effectually perpe tuate the remembrance of one, to whom they had looked as their common father and friend.

The Native gentlemen present then proceeded to discuss the various methods of carrying into effect their object-when it was at length moved by the Chairman, seconded by Framjee Cawasjee, and unanimously

RESOLVED-That the most satisfactory and durable plan of carrying their wishes into effect is, by accumulating a Fund of money, to be vested in Government Securities; from the interest of which, according to its amount, one or more Professorships (to be held by gentlemen from Great Britain until the happy period arrive when

Natives shall be fully competent to hold them) be established, under the Bombay Native Education So. ciety, for teaching the English language, the Arts, Sciences and Literature of Europe, and that these Professorships, in compliment to the person in reference to whom the Meeting has been convened, be denominated "The El phinstone Professorships," with the reservation, however, from the principal subscribed, of a sufficient sum of money, to defray the expence of a Portrait of Mr. Elphinstone, to be placed in the library of the Native Education Society.

A subscription was in consequence immediately opened, when the amount appeared to be Rs. 52,276.

On the motion of Jemshedjee Jejeebhoy, seconded by Kack kushroo Sorabjee, it was

RESOLVED That the subscription paper, together with a copy of the proceedings of the Meeting, be circulated among the Native Inhabitants of Bombay, for further contributions; and that it be sent to the out-stations for the same purpose.

Moved by Dhacjee Dadajee, se. conded by Nowrojee Jemshedjee,

and

RESOLVED-That a Committee of Native gentlemen be formed to carry these resolutions into effect; and to report to the subscribers when the measures proposed are sufficiently matured, to enable them to hand up the address and resolutions to the Honorable Mountstuart Elphinstone: The Committee to consist of

Jamshedjee Jeejeebhoy,
Framjee Cawasjee,
Bomanjee Hormasjee,
Dhackjee Dadajee,
Davidas Harjeevandas,
Juggonath Shunkershet,
Mahomedulee Rogay

and that Captain Jervis be requested to afford his aid as Secretary to the Committee,

The Meeting then concluded with vote of, thanks to the Chair

man.

Subscriptions will be received by the Members of the Committee above named.—Courier, Sept. 1.

A Deputation, consisting of Mr Dunlop, (the Judge of Poona), Major Snodgrass, Mr. John War. den, and Captain Nutt, arrived in Bombay on Friday last, for the purpose of presenting an Address in behalf of the Civil and Mlitary Officers serving in the Dukhun and Khandesh, to the Hon'ble Mountstuart Elphinstone, on the occasion of his resigning the Government of this Presidency.

The arrival of the Deputation having been intimated to Mr. Elphinstone, he was pleased to appoint Saturday last, as the day on which he would receive the Address. The Gentlemen of the

Deputation waited on him accordingly at Parell House.

They were received by our late Governor, attended by the Officers of his Staff. Sir John Malcolm was also present.

Mr. Dunlop, the principal Member of the Deputation, having made a few introductory observations explaining the purpose for which the Deputation had waited on Mr. Elphinstone, with his permission read the following Address :

"To

"The Honorable Mountstuart Elphinstone, President and Governor in Council of Bombay and its dependencies.

"HON'BLE SIR,

"The Civil and Military officers serving in the Poona territory, contemplating with the deepest sorrow and regret your expected departure for Europe, beg to offer you the sentiments of their sincere respect aud regard.

"We cannot reflect on the many advantages which have been de

rived by the enlightened spirit of your administration without feel ing your retirement as the heaviest loss an administration, in which your talents, and labors, have been successfully exerted for the ames lioration of our Native fellow-sub

jects, and in raising into just consequence this important portion of our Indian Empire.

"The approach of expiring power is not the season in which we could find a motive to apply the fallacious tone of flattery, even if we were capable of using it; but we address you, Hon'ble Sir, with our respectful admiration of the policy of your Government, because we have seen it marked by the practice of impartial justice, by liberal institutions, by unbounded kindness, and by honorable encouragement to all classes to fulfil their duties in which your own high example, disinterested to every other object, points to the lasting fame of those whose rule of life has been the pursuit of the public good.

"We sincerely appreciate the discrimination which, justly calculating the powers of our character, placed you at the head of this Government; and offering your feeble testimony of the happy accomplishment of your great du. ties, we fervently hope your services may be brought to the obser vation of our beloved Sovereign, and that you may be further honored and rewarded by his gracious confidence and the applause of our country, in proportion to the blessings and the gratitude which will ever follow your name and memory from British India.

"We have the honor to be, Hon'ble Sir, With the most sincere wishes for your health, prosperity and happpiness,

Your most faithful humble Servants, (Signed by all the principal Gentlemen in the Dakun.)

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"Mr. Dunlop and the Gentlemen composing the Deputation.

"Before I deliver my answer to the Gentlemen of the Poona territory, allow me to offer my thanks to you Gentlemen, for the honor you have done me in undertaking this Deputation.

from Gentlemen for whose charac"I sensibly feel the compliment ter I entertain so high a value. To my thanks to Mr. Dunlop, in particular, for the peculiar circumstances that heighten the kindness of his present journey, I may be permitted to add the mention of a distinguished Officer whose duty has prevented from being one of your number, and whose intention in that respect forms a suitable termination to a long series of acts of friendship, for which, no less than for the support I have derived from his talents and energy, I shall ever feel myself indebted.

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I beg you, Gentlemen, to accept my cordial acknowledgments for the additional honor you have conferred on me by the manner in which the Address has been presented."

At the conclusion of which Mr. Elphinstone delivered his Reply to the General Address, in the following words:

"To the Officers, Civil and Military, serving at the Poona ter ritory.

LOGENTLEMEN,

"I receive, with sentiments of respect and gratitude, this last mark for your long-continued favor.

"It is now eight years since I was honored with an address from the Gentlemen of the Poona ter

ritory, on a somewhat similar occasion.

"The pride and satisfaction which I then felt were in some degree diminished by anxiety regarding the changes that might occur during the new course of service on

which I was about to enter. My present feeling, on the contrary, are those of unalloyed gratification. I have now finished my official career, and it is after the last opportunity of judging on my public conduct that I receive this honorable testimony of your undiminished esteem.

"I am particularly gratified by your approbation of my administration, since it is in the Dukhun provinces that its principles can best be judged. I certainly entered on the task with an earnest desire to improve the condition of the inhabitants of that recent acquisition, and to soften the evils inseparable from the great change which had just before taken place. If that wish has been in any degree accomplished, I owe it to the zealous, ardent and able co-operation of the gentlemen of the Civil and Military services, without whose powerful assistance all plans must have been feeble and fruitless.

"No time can efface the recollection of the public and private obligations I am under to the gentlemen of the Poonah territory; and while I look with unceasing solicitude to the progress of that part of our dominions, I shall ever retain the most sincere and affectionate interest in the individuals in whose hands its destinies are placed.

I have the honor to be, With sincere respect and esteem,

Gentlemen,
Your most obedient most faith-
ful Servant,
M. ELPHINSTONE."

Courier Extra. Nov. 5.

ADDRESS OF THE BRITISH

INHABITANTS OF BOM

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departure from this country, without expressing thus publicly the profound respect and esteem which your private character so justly merits, and the high admiration which your public virtues have universally produced. Nor are these professions the mere tribute of applause which it is customary to present to a Governor on resigning his Government, but the sins cere and heartfelt sentiments which amiable urbanity and engaging friendliness, united to the various acquirements and commending abilities of a powerful and richly cultivated mind, must invariably inspire.

Gifted with talents of the highest order, you could not fail to at tract the notice of your superiors from your earliest arrival in India; and their selecting you for public situations of the highest impor tance has been fully justified by the zealous, meritorious, and able manner in which the various duties entrusted to your charge have been at all times performed. Having chosen the Political Department of the service, your eminent qualifications obtained the marked approbation of that distinguished diplomatic character, the late Sir Harry Close, under whose auspices you commenced your public career, and led to your being appointed Resident at the Court of the Rajah of Nagpore in 1803. Five years afterwards, while thus employed, you lected for the difficult and delicate situation of an Embassy to the King of Cabul, and immediately on its conclusion nominated to be Resident at Poonah. It was then that we became more particularly acquainted with your private vir tues and political capacity; and during a period of sixteen years, while we have been delighted with the courtesy and affability of the polished gentleman, the same time observed with ad miration the firmness and sagacity of the accomplished statesman.

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