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which the walls are cased, and which are covered with inscriptions and sculptures, bear on the back, likewise, inscriptions in arrow-headed characters, and certainly not in the Assyrian, but in the Babylonian language. Some of the bas-reliefs are especially remarkable; for instance, one representing the siege of a town situate on an island; the sea is covered with ships, the fore part of which form a horse's head, and which are occupied in bringing the trunks of trees for the purpose of erecting a dam. The water is covered with all kinds of marine animals-fishes, crabs, and winged sea-horses.”

In the case of “ Juveer Bhaee and Others, Sons of Gulla Bhaee, Appellants, and Vuruj Bhaee and Others, Respondents," before the Judicial Committee of the Privy Council, November 29th, Lord Langdale, in delivering judgment, said, it appearing to the council that certain documents in the cause had never been properly brought under the consideration of the Court below, and that therefore that Court had not had the means of forming a correct judgment, the council, for this reason, were of opinion that the case should be referred back to the Court below, with directions to take into their consideration such allegations as were contained in the petition of the appellants. It appeared that evidence tending to shew that there had been no partition of the estate of the grandfather had been withheld from the Court at Bombay, by an officer of the East-India Company (Mr. Grant), on the ground, that the 5th regulation of the code of 1827 of Bombay (which makes the period of thirty years' adverse possession a bar to the recovery of inheritable property) was a bar to the reception of evidence relating to the estate of which adverse possession had been had for more than thirty years.

Before the same tribunal, on the 13th December, in the case of Chawdry Deby Persad and Another v. Chawdry Dawlut Sing,an ppeal from Bengal Mr. Baron Parke delivered their lordships' judgment. The question was, whether the sum of Rs. 25,000, the consideration of a deed, which recited its receipt, had been actually paid to respondent or not. No doubt the recital in the deed was evidence of the receipt, so far as it went; by no means so strong, however, as it would by English law; and its force was neutralized by the other circumstances in the case. The native judges, who, of course, were the best authorities on Hindoo laws and usages, declared, in their judgments, that such recitals were made as matter of course in similar cases, whether or not the money had actually been received. Moreover, the statement of the appellant-that the money had been paid at the time of the deed being executed -- was contradicted by other circumstances, and the onus being on the appellant, the absence of direct evidence of the payment of such a large sum (which must have occupied a considerable time), and the absence of a written receipt, rendered it necessary to affirm the decrees of the Courts below, with costs.

In the Rolls Court, December 2nd, the cause of “ Whicker v. Hume and Others,” for the administration of the estate of the late Dr. John Borthwick Gilchrist, came on upon petition and on motion. He died at Paris, and by his will, dated the 8th of December, 1810, bequeathed four annuities, one of 6001. a year to his wife, and three others of 501. each. Questions had arisen respecting the domicil of the testator, on which there were proceedings in the Scotch Courts, and also upon the validity of a bequest in his codicil of the residue of the surplus of his estate, for the benefit, advancement, and propagation of education and learning in every part of the world, as far as circumstances would permit.” The main object of the present proceedings was for the Court to order a sale of the testator's estate at Sydney, in New South Wales, in order that his widow, whose annuity was greatly in arrear, and who had the first claim, might be paid. The executors prayed for the sale, and the heir-atlaw opposed the sale, as, under the present distressed circumstances of the colony, it was impossible to sell for any thing like the value. Lord Langdale said, the application was extraordinary, but he had no doubt of the jurisdiction of the Court if the circumstances made a sale proper ; but he did not think the circumstances such as to induce the Court to grant the order as asked. It had better stand over for a while.

In the Court of Queen's Bench, December 10th, in the case of " Macdonald v. Carr,” which was an action against the captain of the ship Marquess of Hastings, the plaintiff, a lady named Macdonald, had taken a passage for herself, her child, and servant, from Calcutta to London, for which she had paid 2001., in consideration of which the defendant promised that there should be an adequate supply of wholesome and proper provisions on board, and that the vessel would carry an experienced surgeon ; whereas the ship did not proceed with a surgeon, and the supply of provisions was bad in quality and insufficient in amount, whereby the plaintiff was obliged to go on shore at the Cape of Good Hope and proceed to England by another vessel, for which she incurred an increased expenditure of about 90l. The defendant pleaded that he did not make the promise; that the vessel did sail with an experienced surgeon; that the plaintiff had dispensed with the performance of the promise, and that the store of provisions was adequate and good. With respect to the engagement to carry an experienced surgeon upon the voyage, it was shewn to have been contained in the advertisements published in the newspapers at Calcutta. It was shewn, upon the other hand, that the defendant had engaged a Dr. Gerard to perform the voyage ; that he became ill after they had left their moorings, and was obliged to leave the vessel. The same accident happened to another medical gentleman who had been engaged to supply his place; and it was very satisfactorily proved, that although the defendant sailed without a medical attendant, yet he had used every exertion to procure one.

The jury found a verdict for the plaintiff, damages 801.

In the Court of Common Pleas, December 13, the case of Haxby and Ano. ther v. Roltwas tried. The action was brought upon a charter party of af. freightment, to recover the value of freight for 320 loads of teak, shipped by the London, which sailed from Bombay in May, 1813. The defendant paid into court 1,7711. 6s. 7d., and pleaded that the plaintiffs had not sustained damages to any greater amount than that sum. It appeared that the captain of the vessel, while at Bombay, received specimens of a cargo of teak, which was to be taken on board at Calicut, 400 miles from Bombay, on the Malabar coast, and difficult and dangerous of approach. The cargo was accepted, and the bill of lading stated that freight was to be paid on delivery in London at the rate of 51. 10s. per ton of 50 cubic feet, “as per dock company's measurement.” The cargo, which consisted of teak timber of a very crooked description, was accordingly taken on board (the operation, which would only have taken up ten days at Bombay, consuming three weeks), and arrived safely at the West India Docks. The only question was, what was the meaning of the contract between the parties, who had introduced the words," as per dock company's nieasurement" into the bill of lading. It appeared from the evidence of persons in the employ of the London Dock, the St. Katharine Dock, and the West India Dock Compa

nies, that when they measured for freight they were in the habit of measuring the extreme length, breadth, and depth of each package, timber not excepted ; while for the defendant witnesses were called from the Commercial and East County Dock Companies' officers, to shew that they had never known a single instance of measuring goods in that way, the Customs' marks, which denote only the cubic contents, being accepted as conclusive by the companies ; but it did not appear that they had ever measured between the shipowner and the consignee. Several brokers and timber merchants were also called on the part of the defendant, who proved that they had never seen any bills of lading containing " as per dock company's measurement;" but they failed to shew that the Customs' mode of measurement for duties was used and considered by the trade as a mode of measurement for freight; and the jury, stopping the Lord Chief Justice in his summing up, found a verdict for the plaintiff, with damages, including interest, amounting to 1,1381.

In the Prerogative Court, December 12th, “ In the Goods of Sir William Casement,” a motion was made for an administration from this court, limited in respect to property in this country, and more especially to three bills of exchange for 2,0001. each, which would become due on the 13th, and unless there was a representative authorized to claim payment, the parties liable under those bills would be discharged from responsibility. The party deceased (Major-General Sir William Casement, member of the Council of India) died at Cossipore, near Calcutta, on the 16th of April last, leaving a will dated two days before, of which the Supreme Court at Calcutta had refused probate on the ground of the execution not being attested conformably to the Indian Wills Act. An appeal from that decision was now pending before the Judicial Committee of the Privy Council. Sir H. Jenner Fust, after hesitating whether the grant should be pendente lite, or limited as prayed, decided in favour of the latter course, upon the precedent of “ Sir Theophilus Metcalfe's case," and on account of the absolute necessity of a representative.

OBITUARY.

Mr. T. M. Lane.-Thomas Moore Lane, Esq., private secretary to the Marquess of Tweeddale, Governor of Madras, and surgeon to the Nawab of the Carnatic, died at Government House, Madras, on the 26th September last. Mr. Lane arrived in India, 14th June, 1822; was appointed assistant surgeon to the 2nd battalion artillery, 30th October, 1822; to the charge of the garrison of Negapatam, 8th January, 1823; to the 2nd battalion 7th regiment native infantry, 12th March, 1823; assistant to the Eye Infirmary, 14th October, 1823; to the charge of the depôt of Poonamallee, 9th April, 1824; occulist and superintendent of the Eye Infirmary, 22nd June, 1824 ; to the charge of a regiment in Vepery barracks, 2nd December, 1828. On several occasions he received the approbation of Government, and especially the commendation of the Court of Directors for the success of his practice as the Company's oculist. Mr. Lane was also surgeon to his Highness the Nawab of the Carnatic for many years during his minority, and the regency of the Naib Mooktah, and so highly was he esteemed by the young prince, that his highness made a special request to the Government and the Court of Directors, after his accession to the musnud, that he might be allowed to retain the services of one for whose abilities, amiability of character, and general urbanity of manners, he had the highest esteem and respect, and which had gained him the unqualified Asiat.Journ.N.S.Vol.IV.No.21.

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approbation and confidence of every member of his highness's family. In the appointments of oculist and surgeon to the nawab he was found by the present Governor on his arrival at Madras. After a few months, his lordship was so convinced of his integrity and natural talent, that he appointed him his private secretary, in which capacity he maintained his position with as much credit to himself as benefit to the public service.

The immediate cause of Mr. Lane's death was apoplexy. He went, as usual, to his duties at Government House on the 24th September, and after Council, Lord Tweeddale had not left him more than an hour, when he complained to Captain Rowan, military secretary to the Governor, that he was very ill. Medical aid was sent for, and Drs. Thompson, Lawder, and Nicholson, H. M.'s inspector of hospitals, were immediately in attendance, and through their instrumentality sensibility was restored. The symptoms were, however, not so favourable as to encourage hope, and indications of approaching dissolution came on about ll on the 26th, and he died in two hours after, with but little pain.

In him were evidently united profound scientific knowledge and true Christian piety, with an amiability of disposition which made him a universal favourite. His removal seems to have been equally lamented by men of all classes and creeds at Madras, and to be considered in the light of a general calamity.-Friend of India.

Colonel Powell.We had occasion, six weeks since, to publish a short notice of the services of the late Colonel S. Powell (2nd European light infantry, Bombay establishment), and the regret experienced by the army at large on his departure, when he quitted our shores by the steamer of the 27th August. Ill as he was in health then, we had hoped that we might have been enabled to intimate his safe arrival in his native country, believing that a few months of the climate of England would restore a constitution naturally vigorous, and which had never suffered from the rashness or inconsideration of its possessor. It has turned out otherwise ; and he, who might have rallied had he been permitted to touch the shores of Egypt, sunk beneath the heats of the Arabian atmosphere, and now sleeps beneath the Arabian wave. The expectation that the sea air would refresh and reinvigorate his weakened frame was far from being realized, and when he reached Aden he was worse and weaker than on his departure from Bombay. Having been removed, at the former place, from the Akbar to the Berenice steamer, he suffered greatly from the heats which at this season in the Red Sea are excessive, and was not a little incommoded by the swell of the sea and agitation of the vessel. The last time he appeared in the saloon was on the 12th September; he became rapidly worse in the course of the niglit, and on the morning of the 13th was so completely exhausted that he expired without a struggle. The immediate cause of death was effusion in the chest.

Colonel Powell entered the army as cadet on the 14th June, 1809, and was posted as ensign in the 1st battalion of the 5th (now the 9th) N.I., on the 24th of November, of the same year. He was present with the force under Colonel Messiter, in the Southern Mahratta country, in 1812, and with that commanded by Major-General Holmes, in 1814, as well as with that com. manded by Colonel Fast, in 1815, and Colonel Prother during the whole campaign in the Concan, which commenced the following year. He was, on this

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occasion, appointed brigade quartermaster to the detachment, 5th Nov. 1817. He distinguished himself at the capture of Anjeer, in Cutch ; at the storming of Poorjee and Dwarka; and was engaged with the Jooporee pirates off the coast of the west of Kattewar, in 1818. At this time (20th Oct. 1818), he was appointed adjutant to his regiment. Though only nine years in the army, he had by this time had his services seven times favourably noticed by Government, by the Commander-in-chief, or his commanding officer. In 1820 he was appointed brigade major to the field force under Lieut.-Col. Barclay, in Kattewar; and the following year became assistant adjutant-general to the division under the Hon. Lieut.-Col. Stanhope, immediately after which he was gazetted brigade major for Kattewar (24th July, 1821). In May, 1822, he became line adjutant at Rajcote, and in January, 1823, brigade major at Poona ; in September, 1824, brigade major and deputy post-master at Mhow. From 1826 till his departure from amongst us, he had been chiefly at the presidency, having been appointed deputy adjutant-general in 1826, and acting adjutantgeneral of the army in 1829. On his retirement from this in August last, he received the cordial thanks of Government and of the Commander-in-chief. “ Lieut.-Col. S. Powell,” says the General Order, “has served in India for nearly thirty-five years, and has filled the important office of adjutant-general of the Bombay army for more than thirteen years, to the entire satisfaction of his military superiors. The Governor in Council deeply regrets that extreme ill-health should have compelled Lieut.-Col. S. Powell to tender his resignation, and will have much satisfaction in bringing the long, honourable, and zealous services of this meritorious officer to the notice of the Hon. the Court of Directors.''

Colonel Powell was a man remarkable for his sound good sense, his sagacity, and turn for business. He was at all times urbane and accessible--anxious to be of service to the deserving, and ready with aid and counsel to all. His habits were abstemious, and he was indefatigable in the discharge of his duties; and decisions of importance were often made ostensibly by others which were well known to be the results of his counsels. He was justly and deservedly esteemed by the army, and beloved by a wide circle of private friends. - Bombuy Times, et al.

BIRTHS, MARRIAGES, AND DEATHS.

BIRTHS.

Nov. 28. At Notting-hill, the lady of J. Padday, Esq., of Penang, son.

Dec. 6. At Lyme Regis, Dorsetshire, the lady of W. H. Hussey, Esq., of the 67th regt., son. 7. In Montague-place, the lady of W. Pennington, Esq., daughter.

At Barnsbury-park, Islington, the lady of the Rev. Daniel Wilson, son. 9. At Birdhurst, Croydon, the wife of John W. Sutherland, Esq., daughter

and son.

12. In Upper Gloucester-place, the lady of Capt. Thornton, R. N., daughter.

At Hyde-park-terrace, the lady of Thomas Dent, Esq., son. 23. At North Villa, Regent's Park, the lady of Col. W. Miles, daughter.

MARRIAGES.

Nov. 28. At St. George's, Hanover-square, James Sibbald David, eldest son of Sir David Scott, Bart., K.H., to Harriet Anne, only daughter of Henry Shank, Esq., of Gloucester-place, and of Castlerig in the county of Fife.

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