were placed over him, in his presence; that he was not in Mr. Morton's debt, but that Mr. Morton was deeply in his; about two lackhs on his own account, and six on his nephew's, for both of which he has bonds under the hand of Morton and his co-partners, and that he confined deponent for the purpose of extorting the bond for the first-mentioned sums; that he sent the Moonshee to Morton, to know why he was unjustly confined, and received for answer that he should not be released until he had expunged Morton's name from the bond: the debt of two lackhs is Morton's personal debt, the other belongs to the firm.'

The statement of Henry Newenham strengthened the account of Mendy Ally Khaun; it expressly stated, that the armed men about the bungalow declared themselves the servants of Mr. Morton and the officer of the sheriff; that understanding that the bailiff had asserted, that a rescue had been effected by an armed force, he taxed him with a malicious falsehood, in the presence of Mr.Wright; that no armed men of the Newab were about the house; it was filled with his acquaintance and servants, but he saw no offensive disposition evinced. The statements of Colonel Hickman, Captain Fulton, Lieutenant Ganet, and many others, were nearly to the same effect as the foregoing, and only differed in consequence of the variation as to time when the occurrence came under observation.

The Counsel for the defendants ably advocated the cause of their respective clients.

The Chief Justice, in delivering the opinion of the Court, commented on the facts of the arrest, in the first instance, as they were set forth, in execution of the process of the Court. Proceeding then to the refusal of the bail tendered, without advice from the sheriff at Calcutta, he stated, that it appeared that Morton had offered to set Mendy Ally Khaun free, on the delivery of a certain bond, to which terms the Newab would not conform. On this Mendy Ally Khaun wrote to Mr. Wright, the Judge and Magistrate of Furruckabad, to acquaint him with the circumstances, who visited him, and endeavoured to persuade Morgan to take bail; he persisted in his refusal; Mr. Newenham, Member of the Board of Revenue, likewise endeavoured to persuade the officer that it was his duty to take bail; and having considerable doubt as to the legality of the officer's proceedings, he warned him of the responsibility he would incur by any illegal measures; it next appears that Wright issues a purwanah, and finally the next day releases Mendy Ally Khaun from the hands of the officer. A question had been made, whether the Court possessed authority to grant a criminal information against Mendy Ally Khaun, as it had been said that he was not subject to this jurisdiction, as he was not an inhabitant. In his opinion, however, the question of the jurisdiction of the Court should not be entertained; it did not, in his

opinion, depend on locality offence. There were two distinct powers of jurisdiction vested in the Court, that of Oyer and Terminer, and of the Court of King's Bench; the former was limited, but the latter was not, but extended throughout the provinces under this government. It was his opinion that the Supreme Court possessed authority to grant informations any where in the Company's territories, for any act for which the Court of King's Bench could issue one in England, and that the Court had a complete power of punishing any Native, foreigner, or other person soever, for contempt or violent obstruction of the process of the Court, in the same way as the Court of King's Bench; it would be perfectly anomalous to say that they did not possess the power of punishing that by the more deliberate mode of information, which could be effected by the more summary process of attachment; he would not confine it to that question, seeing that they possessed the jurisdiction of attachment; he would not confine it to that question, seeing that they possessed the jurisdiction of the King's Bench. He did not know that the Court might not enter a criminal information against any person whatever; he would state, however, that such an authority should be executed sparingly, and with caution. This would set the question of the grounds of the criminal information at rest, as our jurisdiction over Mendy Ally Khaun does not depend on his being an inhabitant of Calcutta.

With respect to the facts brought forward, said the Chief Justice, it was clear that Mendy Ally Khaun was taken out of the hands of the officer against his will. If Mr. Wright had acted on information of a breach of the peace, he would have proceeded properly in his interference; but as he could not entertain any enquiry into the jurisdiction of the court, he, and all who had concurred in aiding him, would be implicated in obstructing the process of the Court. This illegal and irregular conduct was qualified by many considerations; inconveniences might arise from executing process in the Mofussil, but nevertheless, responsibility followed breaches of the peace, or any interference. The bailiff's employer was not actuated by proper motives, and no person could feel more strongly indignant at any act of oppression on the part of the sheriff's officers, than he, the Chief Justice did, or would punish it more severely. It had been customary for the bailiff, in these cases, to apply to the magistrate of the district, he was bound to afford assistance as a justice of the peace, and if he threw obstacles in the way, would, on the other hand, be amenable for the offence. The bailiff omitted this application, and there was no excuse for him. Bail was tendered and refused, Morton's conduct in suing out the writ was harsh and improper; but the misconduct of the officer was proved, without the additional fact, that the proposal to release Mendy Ally Khaun, on giving up the bond of 170,000 rupees, evinced a spirit of enormous extortion. If the acts established in this case had been

those of Natives, who could not have been indicted, he would have admitted the correctness of the course in entertaining the criminal information. As the Newab, and Kallendu Buksch, were the only persons of that description selected in this instance, and who were less faulty than the others, as he thought it would be better to proceed by indictment, he would not allow the information. In regard to the application for costs, he would make no grant to either party. Not to Morton, because he had been influenced by improper motives; and to Wright and Newenham he refused it, because their proceedings had been illegal and irregular. He concluded with observing, that he would restrict the grant on informations for offences committed within the presidency of Fort William; but in the cases beyond this, the Court exercising its authority sparingly and cautiously, would confine its power to Natives obstructing the process of the Supreme Court, who were not indicted at Oyer and Terminer for the offence.

The order was discharged against all parties without costs.

Supreme Court, Bombay,-Friday, October 10, 1828.

The alias writ of Habeas Corpus issued on the 29th of September. to Panvooring Ramchumdu, being returnable on the 10th October, Mr. Justice Grant on that day resuming the adjourned sitting in Equity, on the ecclesiastical side, gave hearing to Mr. Irwin, on his motion for a writ of attachment to issue for contempt, it appearing after affidavit of service, that no person was instructed to produce a return on the part of Pandooning Ramchundu. Mr. Justice Grant in his decision, stated, that being a common law writ of Habeas Corpus, he could not, sitting in vacation in chambers, resort to the remedy of issuing the process of the Court for contempt, but that he should direct a pluries writ returnable immediate, under a heavy penalty; and if this was not obeyed, counsel might entreat the fine on the first day of term, when the attachment would issue of course. The penalty he should fix at 10,000 rupees. The act of 56 Geo. III., c. 100., called Serjeant Onslow's Act,' on disobedience to writs of Habeas Corpus, within the then criminal matter, extended the power of judges in vacation, but though it had been ingeniously argued by Mr. Irwin, as applying, did not in his consideration meet the case. The act extending the jurisdiction of the Court of King's Bench in England, was indeed, antecedent to the letters patent, which created the Supreme Court of Bombay, and conferred on its justices, the jurisdiction and authority of the King's Bench; but he could not in his view, exercise a similar extension of power without exceeding the King's prerogative. The King, he admitted, had confided very large and ample powers in the judges of the Supreme Court, by his letters patent. They solely in that part of India, represented his Majesty's person, in the exercise of his dearest, his most valuable, and his most

honorable prerogative. It was not to be doubted he had conferred on them all the jurisdiction, powers, and dignity of the Court of King's Bench in England, and by a particular clause, the last in his letters patent, the king had been pleased "strictly to charge and command all governors and commanders, magistrates and ministers, civil and military, and all others his faithful and liege subjects, whomsoever, in and throughout the British territories and possessions in the East Indies, &c., that in the execution of the usual powers, jurisdiction and authorities thereby granted to them, the Judges of the Supreme Court,' they not only should be aiding and assisting,' but that they should be obedient in all things, as they will answer the contrary at their peril,'-so that the Governors of this presidency, said Mr. Justice Grant, and other council of the Commander in Chief, and all persons in authority, are bound to pay obedience to the commands of the Court, in the execution of its several powers, that is, to the commands of the King, signified by the writs entrusted to the Court, with power to issue. Their refusal of obedience was a direct breach of their allegiance to the royal authority, and to the person of the King. But though the King had power, by his prerogative, to invest with this ample authority such judges as he might commission to administer justice in any part of his dóminions, yet they are bound to administer justice according to the laws they should find there. After the law of England had been introduced into any conquered country, it could not be altered except by parliament. The law of England had been introduced into Bombay long ago, if the king in his commission could confer on his judges, powers conferred on the English judges, by statutes long subsequent, and not bearing that they should extend to Bombay, then would the King, said Mr. Justice Grant, in fact alter the law of England, as instituted in Bombay, without an act of parliament, which he could not do. In conclusion, the learned Judge directed a pluries writ of Habeas Corpus to issue from the clerk of the crown, returnable before himself, under a penalty of 10,000 rupees. As a precaution, the writ was to be translated in the Mahratta language, and the persons charged with the delivery of it were desired, if they met with any difficulty in delivering it, are to apply to the nearest justice of the peace, or to the chief civil officer or magistrate of the Company in the district, and acquaint him with the desire of the Court, that he should be aiding and assisting in its execution.

Tabular View of the Consumption of Tea and Coffee. .125

TABULAR VIEW of the ConsUMPTION OF Tea and Coffee.

From a Correspondent of the Bristol Mercury.

THE following Tables, shewing the consumption of those two great articles, Tea and Coffee, will clearly elucidate the effects of high duties and monopoly prices, and further the cause of Free Trade. If a similar experiment were tried on Sugar and Tobacco, as that which has succeeded so completely with respect to Coffee, it is not unreasonable to expect that a similar result would follow.

With reference to the article of Coffee, it should be observed, that, in the year 1807, the duty was reduced from 2s. 2d. to 7d. per pound, which would lower the price to the consumer about onehalf, and the result, as shown by the table, was, that the consumption increased eight fold in the following year, and continued to increase till 1818, when the consumption reached 8,679,000 lbs.; in 1819, the duty was advanced to 1s., and in 1820, the consumption fell to 6,215,755 lbs., or about 23 per cent. In 1825, the duty was again reduced to 6d., and in 1826, the consumption advanced to 13,203,323 lbs., being upwards of 62 per cent. In the whole period of twenty years, since 1807, the consumption of Coffee has increased more than eighteen-fold, whilst that of Tea has increased only 35 per cent.

I have been enabled to find a return of the quantity of Coffee consumed in 1825, but it is not important.