পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/২৮

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xxi v reference to Bengal required to be translated into Bengalee, and those peculiar to the other schools into the vernaculars of those provinces, at least into Urdu, which is understood throughout those countries. If, however, all the principles, &c. were to be thrust into one work and translated into Bengalee and Urdu, the book would not only be swollen to an inconvenient extent, but the reader would have to pay for a portion which he would not require. On these considerations I have resolved on two separate books; and the present is the book for Bengal. In this book the vyavasthas or principles, laid down in the Dayabhāga, Dâyatatwa, Dayakramasangraha, Srikrishna's comment on the Dayabhāga, and Jagannātha's Digest, and also in the other Sanscrit book§ respected in Bengal, and the decided cases and precedents, are inserted regularly and consecutively; and under each of these, the reason (if any) for the establishment of such vyavasthā is given ; after which the authority or authorities in support thereof have been cited with the name of the author or authors. If any phrase or term in the text required to be expounded, a letter within parentheses is put after that, and an explanation thereof given generally in the words of some commentator or digest-writer in a following paragraph beginning with the same letter within parentheses, in order that the ingenious Pandits may not, for the purpose of misleading, give a different turn to the phrase or term, for they have no authority to give a meaning or exposition different from that adopted by the commentators or authors of each school; and if a principle is deduced from such explanation, that also is given with the authority or authorities, if any. Then, in foot notes, references are made in abbreviated forms to the Sanscrit and English books, and the völumes, chapters, sections, and pages, at which the vyavasthās, authorities, &c. contained in this book are to be found. Almost the whole of the most interesting and valuable remarks and observations of the Sanscrit and English writers om the Hindu law have been inserted hereiñ, occasionally in the body, but generally in the foot notes, which contain also much interesting information. After giving the principles, authorities, &c. respecting one portion of a subject, I have given the whole of Macnaghten's precedents bearing thereupon, that is, the legal opinions on the same subject admitted by the several courts of judicature and examined and approved of by that learned gentleman.* Then are given the decided cases illustrative of, and bearing on, one or more of the vyavasthās on the same subject. Of these, the decided cases and precedente are given in English and Bengalee and the rest generally in Bengalee, Sanserit, and English : the Bengalee in the first andl the Sanscrit in the second colúmn of the left hand page, and the English in the page to the right thereof. To save the reader time and trouble I have, moreover, kept the vyavasthés distinguished by numbers,in large type,and the marginal expression “vyavasthā,” that he may at once find them out without being obliged to look over the entire page. The nature of the rest of the contents also will be easily known by the several marginal expressions used for the purpose. Most of the report books from which the cases have been taken being rather scarce, it was not considered sufficient to give only the names of parties and dates of the decisions, leaving the

  • These extend as far as the year 1829. I had a great desire to select and add other admitted opinions of the

law officers down to the present time, but have been unable to do so, as they had been burnt in pursuance of the orders of the Sudder Court. - I reserve for the second book, the responsa zorudentum and the valuable remarks thereupon which consti tuto the second volume of Strange's work on the Hindu law, they having relation to cases of Southern India. and the law as current there.