Brahman Officials. cornes the court of the European magistrate of the district, who, besides being the col lector of revenues and agent of the English government in all departments of affairs, is solely responsible for the right administration of criminal justice by the magistracy, and in effect rules the district. This officer is as sisted by three or four European magistrates, and perhaps thirty or more native magis trates; and it is these native magistrates, who, assisted by the police, do nearly the whole of the criminal work of the province, partly as conductors of preliminary investigation in serious cases, partly as judges of law and fact in ordinary cases. In doing this work the native magistrates guide themselves as well as they can by the Code of Criminal Procedure, a bulky work of nearly 5 50 sections, which follows in its main provisions the English practice, and presup poses in the reader at the least an elemen tary knowledge of English criminal law and practice in all their branches. Armed with such, knowledge, an educated Englishman may hope to come to understand this Code sufficiently well for ordinary purposes after a few years' practice in applying its provisions; to the beginner, particularly if a native, it presents pitfalls and stumbling-blocks at nearly every step.
- ^ hen in doubt about a matter of evidence,
1XÄ native magistrate is supposed to turn lot help to the Evidence Act of 1872, a specu lative, ¿///^/-scientific treatise, of which the introductory and controlling sections are written in language of preternatural difficult)', whilst the working sections, like those of the Criminal Procedure Code, presupposes in the reader the possession of a not inconsiderable share of knowledge of English law and prac tice. The native magistrate, as I have said, is supposed to turn to this act for help; •whether he in fact does study its provisions may well be doubted. It is extremely proba ble that he has neither leisure, nor inclina tion, nor ability to profit by the instruction
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that it may be calculated to afford to the patient inquirer. Criminal investigations and trials are con ducted in Madras very rarely in commodious court-houses, the construction of which is, by reason of the poverty of the country, abso lutely impossible; generally in shabby little holes and corners, such as the inner verandas of native houses. Theoretically the public has free access to every court. But for divers good reasons the public does not largely avail itself of this, its privilege, and practically pris oners are examined and tried in the presence of the magistrate and half a dozen of his clerks and attendants. Theoretically, again, every person accused of an offence is entitled as of right to be defended by his counsel or other legal practitioner. But magistrates, as a class, object most strongly to pleaders ap pearing before them; and criminal proceed ings usually are conducted in so abnormal and dilatory a fashion that but few legal practitioners of any standing and repute care to practice regularly before magistrates, and but few men who are so unfortunate as to be accused of an offence can afford to secure the services of a competent advocate. For, everywhere, in innumerable instances, a pre liminary inquiry before a magistrate into an offence of the most ordinary kind extends itself over a space of three or four months, or even more; and since the majority of mag istrates are ambulatory, being revenue and executive as well as magisterial officers, pris oners are marched about the country from village to village, some times hundreds of miles, before their doom is decided. In such circumstances it would be indeed surprising if prisoners generally could obtain the legal advice they so urgently need when they fall into the clutches of the police. The pris oner has no choice in the matter, and cannot help being detained in custody for months, and being interviewed by the magistrate two or three times a week in various parts of his district; but legal practitioners cannot be
