members, five of whom retire every three years; the "assembly" consists of thirty members, who are elected for five years. The assembly may be dissolved by the governor.

In South Australia, and Western Australia, respectively, there has, hitherto, been but one house; a third of the members of the legislative council being appointed by the crown, and the remaining two-thirds elected by the colonists. Modifications of the constitution must be ratified by the queen in council. For individual districts, special district assemblies have been introduced.

From all the Australian colonies is withheld the right of levying

1. Customs-duties which are contrary to British treaties with foreign powers.

2. Duties upon articles imported for the supply of her majesty's forces, and

3. Differential duties.

On a petition of the inhabitants of territories north of 30 degrees south latitude, the queen may grant constitutions resembling those of the three last-named colonies.

9. New Zealand consists of a confederation of six provinces, in each of which a provincial council, consisting of nine members, elected for four years, sits annually, which council, at the same time, elects the superintendent of the province, subject to the ratification of the governor, who has also power to dissolve the provincial council; at the head of the confederation is the general assembly, consisting of (1) the governor; (2) the upper house, or legislative council, composed of fifteen members appointed by the governor for life; and (3) the house of representatives, consisting of thirty-six members, elected for five years, by a suffrage similar to that of the electors of the provincial councils. The house of representatives can be dismissed by the governor at pleasure. The veto of the governor is legally admissible, as in Canada. The rights of municipal corporations are granted by the

In the general government, and also in the provincial superintendencies, the principles of responsible government are carried out as in England. The majorities create and turn out administrations, and each acceptance of office by a member is followed by a re-election. No other English colonies excepting the above-named at present enjoy parliamentary institutions.

CHAPTER III.

THE EAST INDIES.

Governor-General.-His Council.-Subordination of the Courts to the Courts of Law. -Native Civil Judges.-Jury.-Sessions Court.-Military Courts.—SudderDewanee Adawlut.-Nizamut Adawlut.-Barristers.-Civil Functionaries.— Taxation System.-The Church Establishment.-Military System.

THE abolition of the board of control and of the East India Company's right of government, has in no wise changed the internal constitution of India.* By Pitt's East India Bill (13th of August, 1784) the governor of Bengal, as governor-general, in conjunction with his council, consisting of five members, was invested with a control over the governors of Bombay and Madras. This council has been remodelled by a bill passed in 1861. It now consists of five members, three of whom are nominated by the Secretary for India, and two by the crown, in other words, by the cabinet at large. The secretary for India is empowered to appoint the commander-in-chief for India to act as extraordinary member of the council. The governor-general has the right to appoint, for the discussion of general ordinances and legislative measures, from six to twelve members additional, one-half of

"It floats in the minds of a great many persons, that, somehow or other, a tribute, or what is equivalent to a tribute, comes from the East Indies. Never did an opinion exist more completely without evidence, contrary to evidence, evidence notorious, and well known by the persons themselves by whom the belief is entertained. India, instead of yielding a tribute to England, has never yielded enough for the expenses of its own government. What is the proof? That its government had always been in debt, and has been under the necessity of continually augmenting its debt, till it has arrived at a magnitude which the government has often itself described as alarming. So far is India from yielding a tribute to Great Britain, that, in loans and aids, and the expense of flects and

armies, it has cost this country enormous sums. It is no doubt true, that some acts of parliament have assumed the existence of a tribute from India, or what has been called a surplus revenue, for the use of the nation. But parliament, we have pretty good experience, cannot make things by affirming them. Things are a little more stubborn than the credulity of Englishmen. That, in general, is obedient enough to the affirmations of those who lead the parliament, and who have sometimes an interest in leading it wrong. Facts take their own course, without regard to the affirmations of parliament, or the plastic faith of those who follow them."-Encyclopædia Bri tannica, art. "Colony," from the pen of the late James Mill.

whom is to be without any other office, and their commission to last for two years. The governor-general has the right to oppose his veto to every law devised by the council; if he give his assent, the English government has the right to suspend and repeal the law promulgated by him. The governor is only obliged to summon the council in cases of great urgency; he alone has the right to proclaim laws without advice of the council, which laws may, however, be abrogated by the home government. In the council the governor-general has only one vote, and in the event of there being equal voting he has the privilege of a casting vote. The governor-general and his council may issue, abolish, or modify laws, subject to the intervention of parliament.

For the discussion of projects of law, three of the higher functionaries for each presidency, viz., the chief-justice or a member of the supreme court, and two other officials are, according to circumstances, added to the council, which then acts as a legislative council. The governors of Bombay and Madras are each assisted by a council consisting of three members; the new law empowers them to nominate from four to eight additional members for the space of two years.

At the head of the judicial system there is the high court of appeal, termed the Sudder Dewanee Adawlut, and the Nizamut Adawlut, or the chief civil and criminal court, which sits in Calcutta, and is composed of European judges. On the civil side this court has ceased to exercise any original jurisdiction; on the criminal side the court has cognizance in all matters relating to criminal justice and the police of the country, but it exercises no original jurisdiction. Appeals from the sessions judges lie to this court, but it cannot enhance the amount of punishment, nor reverse an acquittal. The sentences of this court are final. In cases of murder, and other crimes requiring greater punishment than sixteen years' imprisonment, all the proceedings of the trial are referred to the Nizamut for its revision. The Mohammedan law-officer of the court first records his judgment, and all the documents are then submitted to the judges of the Nizamut. If the case be not capital, it is decided by a single judge; sentences of death require the concurrence of two judges. Trials before the sessions judge for crimes punishable by a limited term of imprisonment are also referred for the disposal of the Nizamut when the sessions judge differs from the

PP

opinion of the Mohammedan law officer. In each presidency there is a supreme or queen's court, in which the judges are appointed by the crown, and the mode of procedure is assimilated to that of the courts at Westminster. Appeal lies from their decisions to the judicial committee of the privy council. The English judges in India in civil matters act chiefly as judges of appeal, and have the subordinate Indian courts under their supervision.*

Some of the tributary states are controlled in regard to their civil jurisdiction, their army, and diplomatic relations. In Sirgoojah, for example, appeal lies from the civil courts to the British agents, in all difficult criminal cases; the agent supervising the sentences of the native judges. In cases involving capital punishment, the British agent alone may determine. In Southern Mahratta, the jaghiredars must bring all important criminal cases before the European judges.†

The administration of civil justice is almost entirely in the hands of the native magistrates; no residents in India being exempted from their jurisdiction. The principal sudder aumeens decide upon civil disputes without reference to their amount, whereas the sudder aumeens and the moonsiffs are only empowered to try suits of a minor nature; the jurisdiction of the former extends to suits of £100, and of the latter to suits to the amount of £30.

The salary of the moonsiffs seldom amounts to more than £200 a-year; the salary of the sudder aumeens range from £240 to £420 a-year. Appeal lies to the principal sudder aumeen, or to the European zillah judge in the district. The lawyers in these courts are called "vakeels;" their fee is regulated according to the amount in dispute.§ Further appeal in matters of trivial import only lies in regard to a point of law. Herein a plaint of nullity lies to the supreme court (Sudder Dewanee Adawlut). In respect of all suits over £500, the plaintiff has the right of appealing either to the European zillah judge or to the principal sudder aumeen. The zillah judge is competent to withdraw any suit from the Indian subordinate judge, and decide the matter him

Sykes, Civil Justice in India, 34.

+ Statistical Papers Relating to India. London, 1853. Printed for the Court of Directors.

Kaye, The Administration of the East India Company, 350.

§ Ibid., 425.

self; but this very seldom occurs.* In either case, appeal lies to the supreme court, and from the latter in matters above 10,000 rupees, to the queen in council. All native courts are bound to give in a report of their decisions. In the majority of cases the superior courts confirm the sentences of the subordinate courts. A paunchayet, assessors, or a jury consisting of five persons, may be summoned for the determination of civil suits. This scarcely ever occurs in Bengal, but in Madras, in four years, it was resorted to 130 times, and in Bombay, 253 times in the same period.‡

Felonies and misdemeanors are tried by the sessions courts, which consist of European zillah judges and native assistant judges. The summoning of a jury takes place likewise in these courts; they cannot condemn to more than sixteen years' imprisonment. The subordinate civil judges are chiefly native magistrates. The latter, in their capacity as criminal judges in the first resort, may condemn to three years' imprisonment; and if a European commit an assault or a trespass on a native, they may condemn him to 500 rupees' fine, or two months' imprisonment if the fine be not paid.

In the case of native soldiers, from three to five native officers determine questions relating to debt or matters of fact; for the trial of offences of a graver nature, from thirteen to fifteen native officers are necessary. The administration of justice by means of these military courts is justly held in esteem.§ The chief civil court of law, the Sudder Dewanee Adawlut, || is only an appeal court in civil matters, and has supervision over all the subordinate courts. The members of this court are, at the same time, members of the Sudder Nizamut Adawlut, or court of appeal in criminal matters, which can neither remove sentences of acquittal, nor increase punishments, but may grant protection to a subordinate judge for an erroneous judgment. In criminal matters of a graver nature, where the punishment exceeds sixteen years' imprisonment, this court decides in the first resort. In cases involving capital punishment, two judges at least must sit; this court has only one native Mohammedan assistant judge.**

* Sykes, Civil Justice in India, 33. + Statistical Papers, 45.

Sykes, Civil Justice in India, 33. § lbid., 34.

When this court was first established and determined according to English law and procedure, great excite

ment was occasioned from the fact, that the system of "contempt of court" was sought to be introduced. (Vide Kaye, 330.)

Statistical Papers, 48. ** Ibid., 49.