XXV readers to procure, and refer to, the original books, a complete set of which (if at all procurable) would perhaps cost them more than ten times the price of the present work, and even then, without a translation in the pernacular, would be of very little use to those who do not read English. I have therefore given in English and Bengalee the whole of the important portion of each decision. In selecting the cases bearing on one or more of the vyavasthās under each head, Mr. Morley's Analytical Digest, in which the substance of the decided cases has been well arranged under proper heads, has been of great assistance to me. The book is very convenient for use and saves' those, who search for precedents on particular points, a great deal of time and trouble. The only thing to be regretted is, that the compiler, being as he is a learned barrister, has not taken the trouble of himself drawing up abstracts of the Sudder decisions, especially those in the Select Reports, in-teal of putting down their own ກarginal notes which are sometimes inaccurate, sometimes insufficient, and often not such as they ought to be. His introduction to the Hindu law is fill and elaborate. I have extracted some passages therefrom almost verbatim, because I found them to be so correct and so well written that I thought I could not do better. - to In the Supreme Court the Hindu law governs suits between Hindus in respect to con tracts, succession, and inheritance,” and in the other Courts in respect to succession, inherit ance, marriage and easte, and other religious usages and institutionst. These therefore hav, been the subject of the present work, and not the whole of the eighteen titlest of the ryarsihāra handa of our Dharma Shāstra. Of these again, as questions connected with succession. inheritance, (which comprises also usage, maintenance, partition and exclusion from inheritance, ) aloption, debt, gift, and sale are frequently brought before the Courts of Justice, they have been copiously treated of; while the other subjects have been but slightly adverted to, they being
- The statute 21st Geo. 3rd, Chapter 70, provides “that their inheritance and succession to lands, rents, and gools, and all matters of coutract and dealing betwoeil party and party shall be determined, in the case of the
Mohamelans by the laws an l'us ages of Mohunal ans, and in the eas of Gento.,s by the laws and usages of Gentoos.” f By Soction 15, Rogulntiom IV. 1793 re-enacted for Benares and the Upper Provinces by Regulations V. of 1795, Section 3, and Regulation III. of 1803, Section 16, it is provided that “in suits regarding succession, inheritance, marriage, and caste, and all religious usages and institutions, the Hindu laws with regard to Hindus are to be considered as the general rules by which the Judges are to form their decisions.” Although the provisions in the enactments eite i would appear to excludo cases of contract, yet thore are questions incidentally involved in this subject, and it is so interwoven with eases which it is the duty of the Courts to decide agreeably to the Hindu law, that attention to the principles of the orio may be essential to the duc adjudication of the other. I'or instance. in a claim of inheritanco the defendant mny plead a title by purchaso, and the question will it rise as to how far tho ancertor was at liberty to contract. See Maem. H. I,. pro. pp. vii, viii. † “Of those titles, the first is debt, Ör loans for consumption ; the second, deposits and loans for use : *%. third, salo without owncrahip; the fourth, concerns among partners; thafifth. subtraction of what has been given : the sixth, non-payment of wages or hire; the seventh, non-porsormance of ngreements : the eighth, rescission of Halos and purchases ; the ninth, disputes. between masters and servants; the tonth, contests on boundaries; the eleventh and twelfth, assault and slander ; the thirteenth, larceny ; the fourteenth, cobbery and other violence : the fifteenth, adultery; the sicteenth, altercation between man and wife and their respective duties; the screateenth, the law of inheritance; tho eighteenth, gaming with dice and with living treatures. These eighteen titles of law are sottled ns the gro... nd work of all judicial procedure in this world.” Manu, ch. 8. v. 4–7.
