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1. One Rattigadu, a Mala or Hindu pariah by birth, but now a convert to Christianity, and a weaver by profession according to the District Magistrate, but who, in fact, earns his living by cooly work according to the "Village Magistrate, was convicted by the latter of having used abusive language, and was sentenced to two hours" confinement in the stocks under Section 10 of Regulation XI of 1816 of the Madras Code.

2. The District Magistrate, relying on The Queen v. Nabi I.L.R. 6 Mad. 247, refers to the sentence, as illegal, on the ground that a Native Christian is not a person belonging to one '' of the lower castes of the people" so as to be within the purview of the regulation. In the case of The Queen v. Nabi I.L.R. 6 Mad. 247 the High Court held that "a Muhammadan cannot be said to belong to the lower castes of the people," and the District Magistrate points out that conversions to Islam from the low caste Cherumars of Malabar are of daily occurrence, and that if they by reason of their creed are exempt from confinement in the stocks, so ought converts to Christianity to be exempt, oven though born in one of the lower castes of the people.