gQ ON THE ADMINISTRATION OF 



those of the provinces, each is competent to the dispatch of either business, 

 and in the forms estabhshed there appears little distinguishable. Another 

 feature of difference, and a highly important one, is the application of the 

 trial by ordeal to the decisions of civil suits, where there is a want of evi- 

 dence both oral and written. A third feature in which it differs from that 

 of Europe is, the compelling the convicted criminal to confess ; he being 

 subjected to the torture of whipping till the desired result is obtained, 

 without which he may not receive the full punishment of his offence. 

 But the most peculiar feature of the system is that which belongs to it as 

 the code of a Hindu people, I allude to the great importance attached to 

 questions of caste, the cognizance of these being restricted to the highest 

 Court (the Tnta Chapli), in whatever part of the kingdom the subject matter 

 originate. It may be doubted whether the system followed in all these 

 Courts might not be improved by a closer approximation to European 

 practice, but of some of the peculiarities which distinguish it, as compar- 

 ed at least with English jurisprudence, there can be as little doubt that we 

 should do well to take a lesson from them. 



Thus, the Nipalese are not so averse to receive proof of a criminal's 

 guilt as we are. Provided he he proved guilty, they are not very particular 

 as to the means. They consider in fact that the business of a judge is 

 not to screen a criminal, but to convict him, and they deem the most satis- 

 factory conviction of all, the voluntary confession of the criminal. Another 

 particular which we might with great advantage adopt from them is, the 

 celerity of their proceedings. No delay is ever suffered to take place as 

 soon as a complaint is made, or information given ; the parties with their 

 witnesses are sought for, and, as soon as^ produced, the investigation pro- 

 ceeds at once to a conclusion. A third point worthy of our imitation 

 is, their reception of each party's story in civil suits as told by 

 himself, or of the prisoner's defence in criminal cases, without allowing 

 a third person by his studied glosses to come between the judge and the 

 truth. They appear to be sensible that manner as well as matter are to be 



