suit of individuals against the zemindars of the country in ordinary actions of debt. They were dragged from their families and affairs, with the frequent certainty of leaving them to disorder and ruin, any distance, even as great as 500 miles, to give bail at Calcutta; a thing, which, if they were strangers, and the sum more than trifling, it was next to impossible they should have in their power. In default of this, they were consigned to prison for all the many months which the delays of English judicature might interpose between this calamitous stage and the termination of the suit. Upon the affidavit, into the truth of which no inquiry was made, upon the unquestioned affidavit of any person whatsoever—a person of credibility, or directly the reverse, no difference—the natives were seized, carried to Calcutta, and consigned to prison, where, even when it was afterwards determined that they were not within the jurisdiction of the court, and, of course, that they had been unjustly persecuted, they were liable to lie for several months, and whence they were dismissed totally without compensation. Instances occurred, in which defendants were brought from a distance to the Presidency, and when they declared their intention of pleading, that is, objecting to the jurisdiction of the court, the prosecution was dropped; but was again renewed; the defendant brought down to Calcutta, and again upon his offering to plead, the prosecution was dropped. The very act of being seized, was in India, the deepest disgrace, and so degraded a man of any rank that, under the Mahomedan government, it never was attempted but in cases of the utmost delinquency.[1]
- ↑ Mills, ii. 560–2.
