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JUSTICE
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In 1853 there were three courts, at Alibag, Pen, and Mahad,
and the number of suits disposed of was 2866. Seven years later (1860) the
number of courts was the same, but the decisions had risen to 4158, the average
duration of each case being one month and twenty days. In 1870 there were still
only three courts, but the decisions had increased to 4600, the average duration
of each being two months and nine days. In 1874 there were three courts and 4940
decisions. At present (1882), excluding the court of the first class subordinate
judge of Nasik who exercises special jurisdiction under section 25 of Act XIV.
of 1869, the district is provided with three second class subordinate judges'
courts at Alibag, Pen, and Mahad, with an average jurisdiction over 574 square
miles and a population of about 117,000. All these courts are under the
jurisdiction of the Thana Judge. As regards their ordinary jurisdiction, the
average distance of the Alibag, Pen, and Mahad sub-judges' courts from their six
furthest villages is respectively fourteen, eighteen, and sixty miles.
The average number of cases decided during the twelve years
ending 1881 was 3975. The number of suits rose from 4600 in 1870 to 4940 in
1874; from 1874 the number began to fall till it was as low as 3042 in 1880; in
1881 there was aslight increase to 3245.
Kolaba Exparte
Decrees, 1870 1881.
|
YEAR. |
Suits. |
Decreed exparte. |
Percentage. |
|
1870 |
4600 |
2636 |
57.30 |
|
1871 |
3785 |
2020 |
53.34 |
|
1872 |
4645 |
2502 |
53.86 |
|
1873 |
4196 |
2334 |
55.62 |
|
1874 |
4940 |
2660 |
52.63 |
|
1875 |
4257 |
2020 |
47.4 |
|
1876 |
4271 |
1874 |
43.8 |
|
1877 |
3596 |
1473 |
40.9 |
|
1878 |
3344 |
1302 |
38.8 |
|
1879 |
3785 |
1413 |
87.6 |
|
1880 |
3042 |
1278 |
42.0 |
|
1881 |
3245 |
1220 |
37.5 |
|
Total |
47,706 |
22,672 |
47.52 |
As shown in the margin, of the whole number of cases decided
during the twelve years ending 1881, 47.52 per cent have, on an average,
been given against the defendant in his absence. Except in 1873 and 1880 the
proportion of cases decided in this way showed a gradual fall from 57.30 in 1870
to 52.63 in 1874, 40.9 in 1877, and 37.5 in 1881. Of contested cases, during the
twelve years ending 1881, only 14.29 per cent have been decided in favour of the
defendant. The percentage of contested cases decided in favour of the defendant
fell from 15.36 in 1870 to 9.95 in 1873. In 1874 it rose to 16.44 and continued
high till it fell to 7.49 in 1880 and again rose to 10.61 in 1881. In 110 or
8.89 per cent of the whole number of suits decided in 1881, the decree was
executed, by putting the plaintiff in possession of the immovable property
claimed. During the twelve years ending 1881 the number of cases of this kind
fell from 145 out of 4600 in 1870 to 97 out of 4940 in 1874 and then rose to 168
out of 4271 in 1876 and 201 out of 3042 in 1880. In 923 or 28.44 per cent of the
1881 decisions, decrees for money due were executed by the attachment or sale of
property. Of these 15.19 per cent have been executed by the sale of movable
property and 13.25 per cent by the sale of immovable property. Compared with
1870 the 1881 returns for attachments and sales of movable and immovable
property show a rise from 439 to 493 in the former and a fall from 996 to 430 in
the latter.
Debtors.
During the twelve years ending 1881, the number of decrees
executed by the arrest of debtors has fallen from 117 in 1870 to 71 in 1881. As
will be seen from the following table, the number of civil prisoners during the
four years ending 1873 varied from 31 in 1872 to 46 in 1873. During the
following eight years the number fell from 64 in 1874 to 28, in 1879. In 1880 it
rose to 98 and again fell to 72 in 1881:
Kolaba Civil
Prisoners, 1870-1881.
|
YEAR. |
PRISONERS. |
DATS. |
RELEASE. |
|
By satisfying the
decree. |
At creditor's
request. |
No subsistence
Allowance. |
Disclosure of
property. |
Time expiry. |
|
1870 |
37 |
38 |
1 |
5 |
30 |
1 |
-- |
|
1871 |
38 |
36 |
2 |
3 |
26 |
6 |
1 |
|
1872 |
81 |
35 |
-- |
4 |
23 |
2 |
2 |
|
1873 |
46 |
32 |
-- |
4 |
41 |
-- |
1 |
|
1874 |
64 |
47 |
-- |
33 |
27 |
-- |
4 |
|
1875 |
5O |
60 |
-- |
6 |
35 |
1 |
8 |
|
1876 |
48 |
51 |
-- |
5 |
33 |
-- |
10 |
|
1877 |
31 |
46 |
-- |
3 |
19 |
-- |
9 |
|
1878 |
30 |
27 |
-- |
2 |
22 |
-- |
3 |
|
1879 |
28 |
36 |
-- |
6 |
17 |
-- |
6 |
|
1880 |
98 |
13 |
21 |
44 |
31 |
-- |
2 |
|
1881 |
72 |
5 |
-- |
5 |
31 |
36 |
-- |
The following statement shows in tabular form the working of
the district civil courts' during the twelve years ending 1881:
Kolaba Civil
Courts, 1870-1881.
|
YEAR. |
Salts dispos-ed
of. |
Aver-age value.
|
UNCONTESTED. |
CONTESTED. |
|
Dismiss-ed exparte.
|
Decre-ed on
confe-ssion. |
Otherwise disposed
of. |
Total. |
Judg-ment for
Defend-ant. |
Judg-ment for
Plaintiff. |
Judg-ment for
Defend-ant. |
Mixed. |
Total |
|
|
|
£ |
|
|
|
|
|
|
|
|
|
|
1870 |
4600 |
7.1 |
2636 |
2 |
323 |
474 |
3435 |
948 |
179 |
38 |
1165 |
|
1871 |
3785 |
6.9 |
2020 |
2 |
302 |
448 |
2772 |
833 |
143 |
37 |
1013 |
|
1872 |
4645 |
8.2 |
2502 |
5 |
430 |
443 |
3380 |
1095 |
118 |
52 |
1265 |
|
1878 |
4196 |
9.2 |
2334 |
55 |
433 |
430 |
8252 |
811 |
94 |
39 |
944 |
|
1874 |
4940 |
8 |
2000 |
30 |
652 |
454 |
3736 |
972 |
198 |
34 |
1204 |
|
1875 |
4267 |
7 |
2020 |
16 |
641 |
483 |
3160 |
713 |
236 |
148 |
1097 |
|
1876 |
4271 |
9.3 |
1874 |
30 |
702 |
540 |
3146 |
761 |
223 |
141 |
1125 |
|
1877 |
3596 |
9.9 |
1473 |
45 |
496 |
479 |
2493 |
720 |
186 |
197 |
1103 |
|
1878 |
3344 |
7.5 |
1802 |
4 |
346 |
458 |
2110 |
843 |
209 |
182 |
1234 |
|
1879 |
3785 |
10.3 |
1413 |
5 |
360 |
460 |
2238 |
1194 |
206 |
137 |
1537 |
|
1880 |
3042 |
10.3 |
1278 |
28 |
820 |
345 |
1974 |
869 |
80 |
119 |
1068 |
|
1881 |
3245 |
8.8 |
1220 |
27 |
288 |
391 |
1926 |
909 |
140 |
270 |
1319 |
continued..
|
YEAR. |
Salts disposed of.
|
Average value. |
EXECUTION OF
DECREES. |
|
Arrest of debtor.
|
Decree holder put in
possession of immovable property. |
Attachment or sale
of property. |
|
Immovable. |
Movable. |
|
|
|
£ |
|
|
|
|
|
1870 |
4600 |
7.1 |
117 |
145 |
996 |
439 |
|
1871 |
3785 |
6.9 |
213 |
104 |
891 |
372 |
|
1872 |
4645 |
8.2 |
194 |
108 |
751 |
402 |
|
1878 |
4196 |
9.2 |
192 |
103 |
884 |
539 |
|
1874 |
4940 |
8 |
204 |
97 |
1066 |
678 |
|
1875 |
4267 |
7 |
238 |
110 |
1861 |
1162 |
|
1876 |
4271 |
9.3 |
238 |
168 |
1574 |
1054 |
|
1877 |
3596 |
9.9 |
84 |
115 |
1443 |
652 |
|
1878 |
3344 |
7.5 |
84 |
134 |
696 |
463 |
|
1879 |
3785 |
10.3 |
103 |
155 |
719 |
2653 |
|
1880 |
3042 |
10.3 |
98 |
201 |
530 |
653 |
|
1881 |
3245 |
8.8 |
71 |
110 |
430 |
493 |
The registration department employs five sub-registars, all of
them special or full time officers. One of these Sub registrars is stationed at
each sub-divisional head-quarters. In addition to supervision by the Collector
as District Registrar, a special scrutiny, under the control of the Inspector
General of Registration and Stamps, is carried on by a divisional inspector.
According to the Registration Report for 1880-81 the gross registration receipts
for that year amounted to £767 (Rs. 7670) and the charges to £515 (Rs. 5150),
thus leaving a credit balance of £252 (Rs.2520). Of 2779, the total number of
registrations, 2761 related to immovable property, fourteen to movable property,
and four were wills. Of 2761 documents relating to immovable property, 1622 were
mortgage deeds, 1003 deeds of sale, sixteen deeds of gift, ninety leases, and
thirty miscellaneous deeds. Including £93,795 (Rs. 937,950), the value of
immovable property transferred, the total value of property affected by
registration amounted to £96,592 (Rs. 9,65,920).
At present (1881) fourteen officers share the administration of criminal justice. Of these one is the District Magistrate, two are magistrates of the first class, nine of the second, and two of the third. The District Magistrate and one first class magistrate are covenanted European civilians, the other is a native. Except the District Magistrate who has a general supervision of the whole district, each first class magistrate has an average charge of 750 square miles and of a population of about 190,000. In 1881, the District Magistrate decided twenty-five original and thirty-eight appeal cases, and the two first class magistrates ninety-one original cases. Except the huzur or
Head-quarter deputy collector who has charge of the treasury, the magistrates as Collector and assistant collectors have revenue charge of the parts of the district in which they exercise magisterial powers. Of subordinate magistrates of the second and third classes there are eleven, all of them natives of India, with an average charge of 140 square miles and a population of 35,000. In 1881 the eleven subordinate magistrates decided 1536 original cases. Besides their magisterial duties these officers exercise revenue powers as mamlatdars, mahalkaris, and head clerks of mamlatdars. Besides these there are 1047 police patils, receiving in surveyed villages an average yearly emolument of £1 12s. 9d. (Rs. 16-6) and entrusted with petty magisterial powers under the Bombay Village Police Act (VIII. of 1867). Of the whole number twelve under section 15 of the Act can in certain cases fine up to 10s. (Rs. 5) and imprison for forty-eight hours. The others under section 14 cannot fine and can imprison for only twenty-four hours.
There is no regular village police system. The revenue patil or
one of the leading villagers is generally chosen police patil either for life, or for a term of years, and the Mhars help him seting as watchmen. The system of patrol by the district police is carried on in the regular way, each post having its appointed area which is patrolled by the officers and men-in charge of the post. In surveyed villages the police patil is paid from 6d. to £14 16s. (4 annas-Rs. 148) a year; in unsurveyed villages the patil is unpaid.
From the table of offences given below it will be seen that daring
the seven years ending 1880, 1890 offences, or one offence for every
202 of the population, were, on an average, yearly committed. Of
these three were murders and attempts to commit murder; two
culpable homicides; six cases of grievous hurt and hurt by dangerous weapons; fifteen cases of dacoity and robbery; and 1864 or 98.6 per cent of the whole minor offences.
1800-1881.
For many years after the introduction of British rule into the three
sub-divisions of Sankshi, Rajpuri and Raygad, the villages were subject to night attacks of Kathkaris, Mangs, Ramoshis, and other Deccan gang robbers. The villages were unprotected, the houses were made of mud and thatch, and the people were weak and timid. [ Bem.Gov. Rev. Rec.l6 of 1821,334-336.] On two occasions, in 1827 and in 1840, the strength of the Ramoshi freebooters from the Deccan was so great, and the mischief they did was so serious that military aid had to be called in. Towards the close of 1827 several detachments of the 4th Rifles were sent to arrest or to drive away a band of Ramoshis, who had been plundering the villages to the north-east of Mahad. Some of the detachments were stationed for the defence of certain places and to attack the enemy when news was received of their presence in the neighbourhood. Others acted as patrolling parties to keep up the communication between the chain of posts, and, by constant marching, to prevent the bands from gathering and directing their attention to any particular range of country. On the 27th December (1827) at Sankshi in an action with the Ramoshis three privates were killed. [Historical Records 0f 4th Rifles,64.] In 1840 a party from the 15th Regiment of Native Infantry was called in to act against a band of Ramoshis who, issuing from the Bor state, had plundered Nizampur, Nagothna, and Roha. Some of the freebooters were arrested and punished. [Mr. Bal Ramchandra from old records.]
As before 1840 the lands of the district were much divided between the Angrias and the British Government, and as the Angria's subdivisions were separately managed till 1853, no old crime statistics are available for purposes of comparison. But the crime returns for Angria's Kolaba during the five years ending 1850 show that since then there has been a marked decrease in the number of gang and highway robberies. During those five years the number of gang and highway robberies committed in Angria's territory with an area of 210 square miles and a population of 57,000 souls was 395 or a yearly average of eighty. During the five years ending 1880, the total number of gang robberies and dacoities committed in the whole district with an area of 1500 square miles and a population of 380,000 was eighty-eight or a yearly average of seventeen. That is, in 1850 there was one gang robbery for every half mile and every 700 people against one gang robbery for every fifty-five miles and 22,000 people in 1880. The chief criminal class is the Kathkaris who are much given to thieving. The district is generally peaceful and crime is light.
Police,
1880.
In 1880 the total strength of the district or regular police was 348.
Of these under the District Superintendent one was a subordinate
officer, fifty-eight were inferior subordinate officers, and 288 foot
constables. The cost,of maintaining this force was, for the Superintendent, a yearly salary of £447 2s. (Rs. 4471); for the one sub-ordinate officer, on a yearly pay of not less than £120 (Rs. 1200), and for the fifty-eight inferior subordinate officers, on yearly salaries of less than £120 (Rs. 1200), a total yearly cost of £1537 4s. (Rs. 15,372); and for the 288 foot constables a sum of £2966 18s. (Rs. 29,669), the average yearly pay of each foot constable being £10 6s. 2d. (Rs. 103-1-4). Besides their pay, a total yearly charge of £274 2s. (Rs. 2741) was allowed for the horses and travelling expenses of the superior officers; £190 2s. (Rs. 1901) for yearly pay and travelling allowance of the Superintendent's establishment; and £380 10s. (Rs. 3805) for contingencies and other expenses, raising the total yearly charges to £5795 18s. (Rs. 57,959). On an area of 1500 square miles and a population of 380,000 souls, these figures give one man for every 5¼ square miles and 1319 souls. The cost of the force is £3 17s. 31/5d. (Rs. 38-10-2) the square mile or 3?d. (2 as 1 pie) a head of the population.
Disposal.
In 1880, exclusive of the Superintendent, of the total strength of 348, eighty-four, twelve of them officers and seventy-two men, were employed as guards at district or subsidiary jails and over lock-ups and treasuries, or as escorts to prisoners and treasure; and 263, forty-seven of them officers and 216 men, on other duties. Of the whole number, exclusive of the Superintendent, 122 were provided with fire-arms and 225 with swords or with swords and batons. Seventy-six, thirty-two of them officers and forty-four men, could road and write, and thirty-three, two of them officers and thirty-one men, were being taught. Except the Superintendent, who was a European, the members of the police force were all natives of India. Of these one officer was a Christian; one officer and six men were Muhammadans; five officers and five men were Brahmans; fifty-two officers and 374 men were Hindus of other castes; and three men were Beni-Israels.
Working.
In 1880, of thirty-seven persons accused of heinous crimes seven or 18.9 per cent, and of 2763 accused of all other crimes 1002 or 86.2 per cent, were convicted. Of £1832 (Rs. 18,320) alleged to have been stolen, £848 (Rs. 8480) or 46 per cent of the whole was recovered. Of the seven northern districts of the Presidency Kolaba ranked, last, as regards the proportion of convictions to arrests, and third as regards the proportion of the amount of property recovered to the amount stolen. The following table gives the chief crime and police details for the seven years ending 1880:
Kolaba Crime and Police, 1874-1880. |
YEAR. |
OFFENCES AND
CONVICTIONS | |
Murder and Attempt to murder. |
Culpable Homicide. | |
Cases |
Arrests. |
Convictions. |
Percentage. |
Cases. |
Arrests |
Convictions. |
Percentage. |
1874 |
5 |
26 |
8 |
30 |
2 |
4 |
2 |
50 |
1875 |
4 |
5 |
5 |
100 |
1 |
1 |
1 |
100 |
1876 |
3 |
9 |
5 |
55 |
1 |
2 |
-- |
-- |
1877 |
1 |
3 |
-- |
-- |
2 |
3 |
1 |
33 |
1878 |
1 |
1 |
-- |
100 |
4 |
2 |
-- |
-- |
1879 |
5 |
4 |
-- |
-- |
3 |
3 |
1 |
33 |
1880 |
3 |
5 |
1 |
20 |
3 |
3 |
1 |
33 |
Total |
22 |
53 |
20 |
37 |
16 |
18 |
6 |
33 |
continued..
|
YEAR. |
OFFENCES AND
CONVICTIONS | |
Grievous Hurt. |
Dacoity and Robbery. |
|
Cases. |
Arrests |
Convictions. |
Percentage. |
Cases. |
Arrests. |
Convictions. |
percentage. |
1874 |
5 |
4 |
3 |
75 |
7 |
25 |
15 |
60 |
1875 |
9 |
29 |
11 |
37 |
8 |
33 |
12 |
36 |
1876 |
4 |
4 |
4 |
100 |
12 |
19 |
7 |
36 |
1877 |
9 |
28 |
12 |
42 |
12 |
73 |
32 |
43 |
1878 |
4 |
5 |
3 |
6 |
9 |
15 |
5 |
33 |
1879 |
8 |
20 |
2 |
3 |
28 |
123 |
54 |
43 |
1880 |
5 |
29 |
5 |
17 |
27 |
73 |
30 |
41 |
Total |
44 |
119 |
40 |
33 |
103 |
361 |
155 |
42 |
continued..
|
YEAR. |
OFFENCES AND CONVICTIONS—CONTINUED. | |
Other Offences. |
Total. | |
Cases. |
Arrests. |
Convic- tions. |
Perce-ntage. |
Cases. |
Arrests. |
Convic-tions |
Perce-ntage. | |
|
|
|
|
|
|
|
|
|
1874 |
2283 |
3724 |
1160 |
31 |
2362 |
3783 |
1188 |
31 |
1875 |
2002 |
3118 |
1072 |
84 |
2024 |
3184 |
1101 |
35 |
1876 |
1842 |
2811 |
1023 |
36 |
1862 |
2845 |
1039 |
37 |
1877 |
1872 |
3568 |
1745 |
48 |
1896 |
3675 |
1790 |
49 |
1878 |
1478 |
2379 |
1328 |
55 |
1496 |
2402 |
1337 |
56 |
1879 |
1828 |
3349 |
1525 |
45 |
1872 |
6499 |
1582 |
45 |
1880 |
1742 |
2653 |
965 |
36 |
1780 |
2763 |
1002 |
36 |
Total |
13,047 |
21,600 |
8818 |
40 |
13,233 |
22,151 |
9039 |
40.8 |
continued..
|
YEAR. |
PROPERTY. |
|
Stolen |
Recovered. |
Percentage. | |
|
£ |
£ |
|
1874 |
1050 |
587 |
56 |
1875 |
1189 |
371 |
31 |
1876 |
1209 |
633 |
52 |
1877 |
1426 |
662 |
46 |
1878 |
1363 |
625 |
46 |
1879 |
9276 |
1094 |
12 |
1880 |
1832 |
848 |
46 |
Total |
17,345 |
4820 |
277 |
Besides the lock-ups for under-trial prisoners at the head-quarters
of each sub-division there are two sub-jails, one at Alibag for prisoners sentenced up to one month's imprisonment, and the other at Mahad for prisoners under sentences of less than fourteen days. Prisoners sentenced to more than one month's imprisonment are sent to the Thana Jail. The Alibag jail is in the Hirakot fort and has room for seventy-six prisoners, having eight cells, five of them eighteen by thirteen feet and three seventeen by eleven feet. Female prisoners are kept in separate cells. In 1881-82 the daily average number of prisoners was eleven in the Alibag and one in the Mahad jail. The Hirakot jail is remarkably healthy; not one death has occurred during the last six years.
|