ing years. He also computed the public expendi ture in all its branches, including an allowance for unforeseen contingencies. And he found that the estimated income would not only cover the expenditure so computed, but would leave an unappropriated surplus besides. He proposed, farther, certain regulations for the protection of the subordinate tenants in succession, against any injustice on the part of their respective superiors.

The papers, alluded to, of Mr. Hastings and Mr. Francis, are written with ability, and are in some views highly interesting. The plan of Mr. Hastings exhibits some rudimental traits, that of Mr. Francis a distinct outline, of that more perfect system of territorial impost which was afterwards actually established in the provinces of Bengal, and has extended itself into other quarters of British India. The plan of Mr. Francis, besides, is prefaced by a historical review of the financial administration and state of the provinces, both during the dominion of the Moguls, and under the government of the Company. This review has for its object to shew the decline of the country during the latter period, and, though somewhat exaggerated in parts, is valuable for the talent and information which it displays.

In December 1776, while the two plans in question were under reference to the Court of Directors, Mr. Hastings, by his casting vote in council, instituted a temporary office, with a view to investigate the exact state and real value of the

lands throughout the provinces, as a groundwork for any settlement which it might be thought proper to adopt. The office was committed to three of the most experienced civil servants, assisted by native agents. The gentlemen in whom this trust was reposed conducted their enquiries with great labour and research; but their native coadjutors had probably embarked on the undertaking with views less pure; and, partly perhaps from this circumstance, and partly from the necessary magnitude and complexity of the task, the measure led to endless scrutinies, rather vexatious than satisfactory. Theoffice had not fulfilled its intended object, when it was abolished by an order from the Court of Directors. But the Court did not at that time adopt either of the financial plans submitted to them from Bengal. Meanwhile, the system of annual settlements was resumed, the preference being always given to the zemindar, provided he would engage for such an amount of rent as the zemindarry had before paid, or as the provincial council should deem reasonable, and on condition that, in default of payment, an equivalent portion of his land should be sold. And thus the practice continued for some years.

An alteration, but again rather in the mechanism than in the essential nature of the system, took place in 1781. The provincial councils were withdrawn; the persons who had been the chiefs of them being continued as individual collectors, while the task of inspection and management was

in a great measure transferred to a committee of revenue instituted at Calcutta, and composed of five civil servants qualified for the office by their information and experience. The mode of settlement underwent no material variation. The leases were to be annual, but with a general promise of renewal on the same terms, provided the renter should have punctually fulfilled his engage

ment.

Such is the leading outline of the measures relating to revenue which were adopted under the administration of Mr. Hastings. An equally rapid sketch of the proceedings of the same government with regard to the dispensation of public justice may not be uninteresting to the reader.

It has appeared in the preceding chapter that, by the regulations of Mr. Hastings, a civil and a criminal court were created in each district, or collectorship; from the decisions of which courts an appeal lay, in all but very trivial cases, to two superior tribunals sitting in Calcutta. The provincial civil court, or Mofulssil Dewannee Adawlut, was held by the collector of revenue for the district; the superior civil court, or Sudder Dewannee Adawlut, by three or more members of the Calcutta Council. In all these civil courts, how, ever, the European judges were assisted by native officers. With respect to the criminal judica tories, as the imperial grant of the Dewannee to the Company did not convey with it the criminal jurisdiction of the country, the judges were na

tives appointed by the Nabob; but, with a view to check the too frequent irregularities of Mussulman justice, a general controul was exercised, over the Fojedarry, or provincial criminal court, by the collector; over the superior criminal court, or Sudder Nizamut Adawlut, by the GovernorGeneral and council. The collector was also invested with the guardianship of the police.

Some changes of system were, not long afterwards, found requisite. The supervision of criminal justice proved so burdensome to the Governor General, that the Nizamut Adawlut, eighteen months after its translation to Calcutta, was restored to Moorshedabad. Other alterations in the judicial department necessarily flowed from the supersession, in 1774, of the collectorships of revenue by provincial councils. The functions of police previously vested in the collector were now committed to native magistrates, styled fojedars; while the administration of civil justice was to be exercised by the members of the provincial coun

cil in rotation.

This plan subsisted till the year 1780, when the government established courts of Dewannee Adawlut, distinct from the provincial councils, and furnished with a civil cognizance over all matters, excepting such as related to the public revenue, which were permitted to remain under the jurisdiction of the council. In the same year, the avocations of the Governor General and council having prevented their attendance in the Sudder

Dewannee Adawlut, that court was placed under the superintendance of a separate judge. The person preferred to this high office was Sir Elijah Impey, chief justice of the Supreme Court of Judicature; an appointment, exceptionable on general principles, but in fact attended with this advantage, that the professional knowledge of the new judge enabled him to reform and methodize the practice of the Dewannee courts according to the model, so far as it could be made applicable, of British jurisprudence.

The following year, 1781, was distinguished by the removal of the fojedars, or native magistrates, instituted in 1774. The police jurisdiction was to reside in the judges of the Dewannee Adawlut, or, where the government should especially permit, in the zemindar. In November 1782, the government, by order of the Directors at home, resumed the superintendance of the Sudder Dewannee Adawlut, and that court, agreeably to the statute of the 21st George III. c. 70, was declared a court of record.

*

It was carefully provided by the government of Mr. Hastings that, in all civil suits regarding inheritance, marriage, cast, and other religious usages or institutions, the laws of the Koran with respect to Mahometans, and those of the Shaster 2 D 4

* See regulations of 21st August 1772, and of 11th April 1780, in Colebrooke's Supplement./