right of holding panjaits, or courts for the trial of all civil and criminal causes within its jurisdiction, which embraces the entire scope of its necessities. These courts are of three kinds: the most simple is the Panjait of Arbitration, to the decision of which all parties are obliged to submit their petty grievances and complaints; the next is a Debtors' Court, in which all litigation business is tried; and the third is the great Criminal Panjait, which extends to life and death, and takes cognizance of the highest crimes. The same officers and members form one or any of these courts. There must be five judges to constitute a panjait, for the word means five; but it may consist of as many more as circumstances may occasion, or necessity require. Unanimity, as in our jury, is considered desirable; but a majority of voices passes sentence. Neither barrister nor attorney is allowed to plead in this court; but when the conviction or acquittal has been forwarded to the raja, the law officers are called in to pronounce the conformity of the proceedings to ancient rule and established custom. Execution is then ordered, and thus only a few days

VOL. II.

sewect, comm; and its punishment: on Tum it town was committed redress 2. n expense is incurred in MAZLIM. D) cram forth justice

mo Tastingallices. much. however, might

#introduction. curbing itigation,

art chas a stice. The simplicity the grea: regularity of the Hindoos in living, and in conforming to the cusyams of their caste, render it easy to govern them, and the panjait is all sufficier for every

one part of India, but embrace the entre range of my observations.

The reader is aware, that in the Company's possessions justice is administered by British civilians according to the maxims of Mahomedan and Gentoo law, and the customs of established usage; but several able writers, amongst whom is Sir John Malcolm, think, and I believe with great truth, that the general adoption of the panjait would, in its practical effects, benefit government, and greatly increase happiness.

All the inhabitants are bound to do duty when called upon as panjait judges. In some places they are paid for loss of time and labour: in others, it is considered a sacred duty. Like our grand and petty jurors, they are summoneri v attend in turn; and no party who has the

interest in the cause is allowed to sit. assembles under a sunnud or warrant raja: directed in all its forms by

T

intervene between crime and its punishment: on the spot where the former was committed redress is procurable; and no expense is incurred in defeating ingenuity, and in dragging forth justice from the cell of cunning.

These courts are composed of the chief magistrate of the town or village, and any of the other respectable inhabitants, who are all supposed to be acquainted with the customs, and capable of deciding questions of right amongst one another.

I am fully sensible that, in a complicated government like our's, the panjait could never be constituted to meet contingencies: much, however, might be done by its introduction in curbing litigation, and gaining the ends of justice. The simplicity of tenure in India, the great regularity of the Hindoos in living, and in conforming to the customs of their caste, render it easy to govern them; and the panjait is all-sufficient for every exigency.

In different parts of the country I attended these simple native courts; and it is my intention here to illustrate some of their proceedings; premising

only, that the particulars do not all apply to any one part of India, but embrace the entire range of my observations.

The reader is aware, that in the Company's possessions justice is administered by British civilians according to the maxims of Mahomedan and Gentoo law, and the customs of established usage; but several able writers, amongst whom is Sir John Malcolm, think, and I believe with great truth, that the general adoption of the panjait would, in its practical effects, benefit government, and greatly increase happiness.

All the inhabitants are bound to do duty when called upon as panjait judges. In some places they are paid for loss of time and labour; in others, it is considered a sacred duty. Like our grand and petty jurors, they are summoned to attend in turn; and no party who has the least interest in the cause is allowed to sit. The court assembles under a sunnud or warrant from the raja: directed in all its forms by a learned pundit, and governed by the patell, cutwall, or chief magistrate of the town, who is generally the most respectable man in the place, as well for age and