Chapter CAWNPORE to CAZEE of C by The Hobson Jobson Dictionary

Nizamut, assisted by two Muftis, and these also gave written futwas on references from the District Courts.

The style of Kazi and Mufti presumably continued in formal existence in connection with the Sudder Courts till the abolition of these in 1862 ; but with the earlier abolition of the Provincial Courts in 1829–31 it had quite ceased, in this sense, to be familiar. In the District Courts the corresponding exponents were in English officially designated Law-officers, and, I believe, in official vernacular, as well as commonly among Anglo-Indians, Moolvees (q.v.).

Under the article LAW-OFFICER, it will be seen that certain trivial cases were, at the discretion of the magistrate, referred for disposal by the Law- officer of the district. And the latter, from this fact, as well as, perhaps, from the tradition of the elders, was in some parts of Bengal popularly known as ‘the Kazi.’ “In the Magistrate’s office,” writes my friend Mr. Seton-Karr, “it was quite common to speak of this case as referred to the joint magistrate, and that to the Chhota Sahib (the Assistant), and that again to the Kazi.”

But the duties of the Kazi popularly so styled and officially recognised, had, almost from the beginning of the century, become limited to certain notarial functions, to the performance and registration of Mahommedan marriages, and some other matters connected with the social life of their co-religionists. To these functions must also be added as regards the 18th century and the earlier years of the 19th, duties in connection with distraint for rent on behalf of Zemindars. There were such Kazis nominated by Government in towns and pergunnas, with great variation in the area of the localities over which they officiated. The Act XI. of 1864, which repealed the laws relating to law-officers, put an end also to the appointment by Government of Kazis. But this seems to have led to inconveniences which were complained of by Mahommedans in some parts of India, and it was enacted in 1880 (Act XII., styled “The Kazis Act”) that with reference to any particular locality, and after consultation with the chief Musulman residents therein, the Local Government might select and nominate a Kazi or Kazis for that local area (see FUTWA, LAW-OFFICER, MUFTY).

1338.—“They treated me civilly and set me in front of their mosque during their Easter ; at which mosque, on account of its being their Easter, there were assembled from divers quarters a number of their Cadini, i.e. of their bishops.”—Letter of Friar Pascal, in Cathay, &c., 235.

c. 1461.—

“Au tems que Alexandre regna
Ung hom, nommé Diomedès
Devant luy, on luy amena
Engrilloné poulces et detz
Comme ung larron ; car il fut des
Escumeurs que voyons courir
Si fut mys devant le cadès,
Pour estre jugé à mourir.”

Gd. Testament de Fr. Villon.

[c. 1610.—“The Pandiare is called Cady in the Arabic tongue.”—Pyrard de Laval, Hak. Soc. i. 199]

1648.—“The Government of the city (Ahmedabad) and surrounding villages rests with the Governor Coutewael, and the Judge (whom they call Casgy).”—Van Twist, 15.

[1670.—“The Shawbunder, Cozzy.”—Hedges, Diary, Hak. Soc. ii. ccxxix.]

1673.—“Their Law-Disputes, they are soon ended ; the Governor hearing ; and the Cadi or Judge determining every Morning.”—Fryer, 32.

„ “The Cazy or Judge…marries them.”—Ibid. 94.

1683.—“…more than that 3000 poor men gathered together, complaining with full mouths of his exaction and injustice
towards them : some demanding Rupees 10, others Rupees 20 per man, which Bulchund very generously paid them in the Cazee’s presence.…”—Hedges, Nov. 5 ; [Hak. Soc. i. 134 ; Cazze in i. 85].

1684.—“January 12.—From Cassumbazar ’tis advised ye Merchants and Picars appeal again to ye Cazee for Justice against Mr. Charnock. Ye Cazee cites Mr. Charnock to appear.…”—Ibid. i. 147.

1689.—“A Cogee…who is a Person skilled in their Law.”—Ovington, 206.

Here there is perhaps a confusion with Coja.

1727.—“When the Man sees his Spouse, and likes her, they agree on the Price and Term of Weeks, Months, or Years, and then appear before the Cadjee or Judge.”—A. Hamilton, i. 52.

1763.—“The Cadi holds court in which are tried all disputes of property.”—Orme, i. 26 (ed. 1803).

1773.—“That they should be mean, weak, ignorant, and corrupt, is not surprising, when the salary of the principal judge, the Cazi, does not exceed Rs. 100 per month.” —From Impey’s Judgment in the Patna Cause, quoted by Stephen, ii. 176.

1790.—“Regulations for the Court of Circuit.

“24. That each of the Courts of Circuit be superintended by two covenanted civil servants of the Company, to be denominated Judges of the Courts of Circuit…assisted by a Kazi and a Mufti.”—Regns. for the Adm. of Justice in the Foujdarry or Criminal Courts in Bengal, Bahar, and Orissa. Passed by the G.-G. in C., Dec. 3, 1790.

“32.…The charge against the prisoner, his confession, which is always to be received with circumspection and tenderness…&c.…being all heard and gone through in his presence and that of the Kazi and Mufti of the Court, the Kazi and Mufti are then to write at the