JUDGMENT

Pargiter, J. - The three Petitioners, Hari Bhuimali, Mohan Bhuimali, and Kasim Sheikh are servants of the Maharajah of Cassimbazar, and have been convicted by the Joint Magistrate of Rampore Hat, under sec. 379, I. P. C., and fined Rs. 50 each, because they cut down three trees in an orchard belonging to Babu Akhoy Kumar Ghose and took them to their master's cutchery on or about 13th November 1904. They obtained this rule calling on the District Magistrate to show cause why the conviction and sentence should not be set aside on the grounds set forth in their petition. The rule has been fully argued before us on both sides. At first I was inclined to think the Petitioners had some right on their side, but after hearing the clear statement of the facts put before us by the learned Counsel who appeared for the opposite party I think the Magistrate's decision is right.

2. The matter in dispute is an orchard and the complainant is a kotal (or servant) in the service of Babu Akhoy Ghose. Both the Maharajah and Babu Akhoy Ghose are very wealthy men with a large number of tenants living near this orchard.

3. The plain facts are these. Babu Akhoy Kumar Ghose (or his predecessor) obtai