Page:The Green Bag (1889–1914), Volume 14.pdf/376

 Reminiscences of the Mafassal Law Courts of Bengal.

337

REMINISCENCES OF THE MAFASSAL LAW COURTS OF BENGAL. Bv Andrew T. Sibbald. THE word " Mafassal," sometimes writ but one or two exceptions, a European. He ten ''Mofussil," and in various other has an original civil jurisdiction, broadly ways, is most intelligibly translated by the speaking, unlimited, with a supervision and word "provincial." For several years after appellate powers over the Subordinate Judge the English had assumed responsibility for and Munsiff; and he has a like unlimited the administration of the law in India, the jurisdiction in criminal cases — except that old Mussulman names of " Amin," "Sadra- he cannot hang a European — with similar la," "Nizamat Adalat," " Diwani Adalat," powers of supervision and appeal over the magistrates. He is always a covenanted "Sadar Nizamat Adalat," and " Sadar Di wani Adalat," were retained until the Acts civilian, who has gone through the grades of the Indian Council reconstructed the of assistant and joint magistrates, at which courts, which are now known by the names latter stage he has had to choose between a of High Courts, District and Sessions Courts, judicial or an executive career, the two bi Small Cause Courts, Subordinate Judge's, furcating into one, a District and Sessions Judge, the other, a Collector and District Munsiffs, District Magistrate's, Joint Magis trate's, Assistant Magistrate's, and Honorary Magistrate. As a counterpart of the barristers and Magistrate's. The High Court is not " Ma solicitors of the American courts, there are fassal," except so far as it is the Supreme Court of Appeal in Bengal; and the other advocates, pleaders, and " Muktars." The tribunals have distributed amongst them all, advocate, who is always a barrister, is known and more than all, the judicial work, both to the mass of the natives by the appellation civil and criminal. It is not my purpose to of " ballister. sahib," or "counsly sahib." give a full account of these courts, with He is a very important man in the eyes of their large staff of subordinate officials, and his client. The climate precludes the pos all the minute details of their procedure. It sibility of his impressing the public by that will be sufficient to mention that one judge factitious addition to his dignity, a wig; and unites the civil jurisdiction of a District in many parts of the " Mafassal " the gown and bands are dispensed with. In fact, it Court and the criminal jurisdiction of a Ses sions Court, whilst under him are the Civil has been within my experience that these Courts of Subordinate Judges and Munsiffs, sedate and learned gentlemen have so far for gotten both the dignity of the court and the and the Criminal Courts of the various mag profession as to appear in a jaunty, light, istrates I have already named. This enu meration is not exhaustive, as there are lounging coat, or even in the brilliant stripes other courts in non-regulation provinces, and white flannel of a lawn tennis suit. But, in spite of these disadvantages, he is consid and in odd corners, so to speak, of the Em pire; but they may be considered as quite ered a necessity, in all big cases, or where exceptional, and need no other mention in the litigant, anxious about the result of his case, is not too penurious or avaricious to a description so concise as this must be. The District and Sessions Judge is, with pay his price. He is supposed to have, in