Proceeding on Appearance.

If the defendant appeared, he should be examined on oath, by the Barrister-Judge and Magistrate, as to the subject matter of the complaint; except so far that he should not be bound to criminate himself by his answer; and the full substance of his answers relative to the questions put, should be taken down by the Judge and Magistrate; as should also his refusal to answer any certain question, as it might tend to criminate himself, so that the Judge and Magistrate might exactly understand what were the points of difference between the litigant parties. Having ascertained those points to the best of his judgment, he should instanter, in the presence of the parties, write them down, and read them over to the parties, desiring to know from them whether he understood the points of difference correctly, as they severally meant to represent them, and whether there was any other matter of difference between them than those noted down; and should conclude his written statement of the issues accordingly, or correct it until it appeared to be complete.*

Question of Reference to Arbitration.

It should first be enquired of the parties, whether it was their mutual intent to refer such points of difference, (if of fact) to arbitration, or to the ordinary course of justice in court. If to arbitration, then whether they could agree upon some one arbitrator of their own choosing; for more than one should never be accepted, if possible to be avoided. If so, then the Judge and Magistrate should refer such points of difference so written down, and the arbitrator agreed on, who should make his award thereon in writing, within such time as should be originally allowed, or subsequently extended by the Judge and Magistrate, toties quoties, unless sufficient cause were shown against it by either of the parties : The award when made, should be returned to the Barrister-Judge and Magistrate; and unless sufficient ground were laid before him within one month, for impeaching its justice, on the ground of corruption, or wilful misconduct of the arbitrator, or plain and manifest mistake, apparent upon the face of the award itself, either in conclusion of law or fact, such award should be conclusive between the parties, and should be preserved in the registry of the Barrister-Judge and Magistrate's Court.

Failure of Reference.

If the reference failed, from the defect of the award itself, or from the death of the arbritrator, or his neglect or refusal to pro

Something like this took place in the early part of our legal history, vide the Year Books.

ceed before its conclusion, or the like, another reference should be made by the Barrister-Judge and Magistrate, on application of either party and so, toties quoties, unless the Barrister-Judge and Magistrate should see cause to order otherwise.

Issue of Law.

If the difference between the parties were only on matter of law, or in part on matter of law, reserved at first, or appearing in conclusion, then the Barrister-Judge and Magistrate should himself decide the point, and award accordingly, or correct the award made by another, in respect of any erroneous legal conclusion appearing upon the face of it. And if his decision were objected to by the note in writing, delivered into Court within three days, the Judge and Magistrate should, at the expense of the party objecting, state such point and objection to the Judges of Circuit or superior Court, who should with due expedition return their answer; if of English law, upon their own judgment simply; if of Hindoo or Mussulman law, then upon their judgment formed after advising (if the point be not notoriously plain) with the Pundit or Moulevee respectively of their Court; and upon such answer received, the Barrister-Judge and Magistrate should declare the same in open Court, on a given day, after prior notice in Court for that purpose, to enable the parties or their agents to attend.*

Reference to Village Court.

If the litigant parties should not agree upon an arbitrator of their own, the Barrister-Judge and Magistrate should refer the matters in issue [to the Village Court of Arbitration, if that be revived, or otherwise] to the Sub-Commissioner in the village district where the dispute had arisen; or if that were objected to, for special and just reason assigned, then to the adjoining Village (Court, or) Sub-Commissioner: or if any Village Arbitrator were objected to for a just cause assigned, and if both parties required that the trial should be had before the Barrister-Judge and Magistrate, or they cannot agree by whom else it shall be tried, just cause having been shown by one of them in open Court why it should not be tried by any Village Arbitrator or Court at or near the place where the dispute arises, then; upon the payment or approved security given by each party (if both agree) of (say three per cent) upon the amount of the property, debt, or damage in dispute, or upon the payment or approved security given of (say six per cent) upon the same by

To preserve the uniformity of the law, and secure to the subject his right, liable to no man's caprice, questions of law should always be drawn to the decision of the Court. And where, to save expense, no regular appeal is allowed, this summary mode of obtaining experienced advice, will be found to answer the general object.

the Complainant, (the whole or any part of which may be afterwards adjudged to be repaid by the Defendant in the costs, should the Plaintiff succeed, and the Court so think fit,) which sum should be received by the Barrister-Judge and Magistrate as a fee of Court the trial should be had before himself in the ordinary course; provided the value or damages in dispute should not exceed (say 8000 rupees.) The costs should be in his discretion.*

:

Jurisdiction of Superior Court.

But if the value or damages in dispute should exceed (say 8000 rupees) then, unless all the parties concerned should agree upon the nomination of an Arbitrator who should accept the reference, or unless the Complainant shall desire leave to withdraw his complaint, the Barrister-Judge and Magistrate should certify the petition with all his notes in writing relative to the same to the Superior Court, as the foundation of process to be afterwards issued on the complainant there of the party, according to the forms of proceeding in such Court; there to be dealt with according to law and right.

The best course of proceeding in the Superior Court has been humbly submitted to consideration, in the two former parts of these suggestions, particularly in the first.

SONNET.

Occasioned by viewing a group, of Venus lamenting over the body of
Adonis, recently presented to the Liverpool Royal Institution.

SHE grieves-but not with violence of grief:
Its wilder feelings have subsided now :
The trembling lips, fix'd eye, and pallid brow,
The tranquil sorrow that rejects relief,
In homage to a love so dear and brief;
Are all the heart's deep mis'ry will allow—
And worthy of such tenderness as thou;

O'er whom she mourns! A loftier port the chief,
Who leads embattled warrior hosts, may bear;
But manhood's earlier energy is thine,

Its graceful form, and front undimm'd by care:
And still those lips, as e'en in death, divine,
Have charms a goddess might descend to share,
And feel earth's bitter anguish to resign.

* The per centage on a trial before the Barrister-Judge himself ought to be more than before an ordinary Arbitrator; the more so, as it will be by the choice of the parties for superior talent, integrity, and dispatch.

THE LIBRARIES OF CONSTANTINOPLE.

THE French Asiatic Society has lately made several striking improvements in the Journal which has been published by them for the last five years. They have not only considerably enlarged this work, and enriched it with maps and lithographs, but although not announced by the prospectus, a new direction appears in some respects to have been given to it; such at least was the impression we received on reading the first number of the New JOURNAL ASIATIQUE. Although the articles are few in number, they are delightfully varied. The researches on erudition, languages, and geography, still occupy their accustomed places, but they do not monopolize the the whole space. An original essay, as piquant in style as it is clever in substance, and which cannot fail to please those even who are not convinced by it, proves that the editors have felt the necessity of sometimes abandoning philology, in order to touch on the application of it, to make their science popular, and in fact to apply those elements and facts collected together, by a laborious erudition, to the advancement of philosophy. But we will return again to the article as well as to the whole number; we have only time at present to give our readers a sketch of the article 'Voyage,' which is last, and of which this is the substance.

M. Schulz, Professor at the University of Giessen, and Member o. the Asiatic Society, quitted Paris in the middle of the summer of 1826, for the purpose of making a Literary Tour through, more especially, the Persian Empire. "The varied acquirements, and solid information, of this young scholar, and the zeal with which he is animated,' says M. Saint Martin, leads us to hope and expect that this joureny will furnish an abundant harvest of new and valuable observations on the languages, literature, antiquities, geography, and history of the eastern nations.' M. Saint Martin here gives an extract from some of the letters addressed to him by M. Schulz, during his stay at Constantinople. It contains many curious and interesting particulars, some details of manners, and many facts of great interest to literature. M. Saint Martin had expressed to M. Schulz, a desire to possess an exact catalogue of all the manuscripts contained in the various libraries of Constantinople. The traveller made great exertions to execute this wish, but it was not without some difficulty that he succeeded. A short time only had elapsed since a firman had been issued, forbidding any of the libraries of Constantinople to sell either Arabic, Persian, or Turkish manuscripts, to any but Mussulmans. The dragoman or interpreter of the French embassy, having solicited for M. Schulz an entry into the mosques, to which, as it is well known, most of the libraries are attached, the Reis-effendi gave a very decided refusal; saying at the same time,

that it was not the custom of the Porte to grant such a permission to any but ambassadors. The young traveller, however, having made an acquaintance with several ulemas and others, who overpowered him with kindness and attention, was at length enabled, through their recommendation and exertions, to examine, at his leisure, the richest and most splendid of these establishments. M. Schulz expresses the most lively gratitude for the politeness and attention which he invariably received in his visits to these libraries. If he had any thing to complain of, it was the excess of civilities, almost wearisome, with which he was constantly overwhelmed, whenever he was discovered, in spite of his Turkish costume, to be a Frank and a Christian. Nothing,' he observes, can be more absurd than to believe that the population of Constantinople, however intolerant and fanatic it may be represented to be, by the greatest number of European journals, can read and not feel indignant at the notorious want of veracity which seems to prevade every thing that is put forward by them, with regard to this capital, and on every thing that has occurred in it for some years past.'

He appears to find some difficulty in stating the precise number of libraries in the vast circumference of Constantinople; many of them are almost unknown; which are, nevertheless, as rich in good works as the most celebrated. He mentions thirty of the most considerable, which he had visited at the time of his writing. It would have required several months, merely to copy the catalogue of the numerous manuscripts which they contain; he has therefore directed his attention almost solely to the historians. He will, no doubt, amongst these, meet with very many valuable works, the very names of which are totally unknown in Europe, or which are generally believed to be lost. In confining himself, thus, to one particular object, he has been enabled to make an extensive catalogue, in the Turkish language, of all the historical and geographical works to be met with in sixteen of the principal libraries of Constantinople; and this catalogue is now in the hands of M. Saint Martin.

M. Schulz has also made several extracts, from four different historians; neither of whom, as he believes, are yet known in Europe. These authors are Ibn Alathim, Ibn Alasakir, Ibn Aladim, and Ibn Khaldoun. The first is, according to M. Schulz, an excellent Arabian historian, and is held in great estimation throughout the East. As to the works of Ibn Alasakir and Ibn Aladim, on Damascus and Aleppo, they are,' he says, 'productions in every respect colossal. It is difficult to conceive how one man could ever even copy, not to say compose, a work of such gigantic magnitude as that of Ibn Alasakir; which makes eleven volumes in folio, or which, according to calculation by no means exaggerated, is composed of from twenty to twenty two thousand pages in folio, of the smallest possible writing, that is to say, of a million of lines, and from fifty to sixty millions of letters! According to this account, Ibn Alasakir may,