122 



ON THE ADMINISTRATION OF 



Domestic Panclidyats are very" popular, especially among merchants 

 whose wealth attracts the cupidity of the courts, and the community of 

 whom can, on the other hand, always furnish intelligent referees or Panch 

 men. 



To the public Panchdyat^ all matters may be referred (with the excep- 

 tion of cases of life destroyed,) at the discretion of the courts, or at the 

 desire of the parties : but cases of battery and assault are not usually 

 referred to these tribunals. 



The Panch men are appointed by the Ditlia, at the solicitation of the 

 parties, with whom solely the selection lies. After selection of their Panch 

 men by the parties, the Ditha takes from them an obligation to 

 abide by the award of the Panchdyat. The court or government never 

 appoint Panchdyats of their own motion, except when men of note are under 

 accusation 5 but if parties expressly solicit it, stating that they can get no 

 satisfaction from their own Panch men, and give a petition to that effect to 

 the government, the government will then appoint a Panchdyat to sit on the 

 case. But no man can sit on a Panchdyat without the assent of both 

 parties. 



A Panchdijat of this sort often acts the part of a jury when men of note 

 are accused, the government nominating the Panch men. In civil actions 

 too the parties, tired of litigating, will sometimes desire the court or the 

 government to nominate a Panchdyat to hear and decide without appeal. 

 Ordinarily Panchdyats are chosen purely by the parties, and half the 

 judicial business of the kingdom is performed by them to the satisfaction 

 alike of the parties, the public and the government. The function of the 

 Panch men appears to me to be essentially that of jurors. They find the 

 verdict, and the court, out of which they issue and in which they assemble, 

 merely enforces their finding. 



The Panchdyats assemble in the court out of which they issue, and 

 officers of the court are appointed to see that the Panch men attend daily 

 and fully, with a view to prevent needless delay in the decision of causes 



