VYÄVASTHA<DARPANA 305 (a) The word Dharma here signifies usage, custom, practice, or rule,
- * 149. The usage which has not been invariably observed from time immemorial, should not be held to supersede the maxims of the law.
150. The prevention of enforcement of a custom or usage by violence or undue means should not, however, be held to be a breach of such usage. 151. The usage of a country, &c., established by agreement of the people, and not repugnant to the Vedas and the codes of law (Smriti), should also be respected and observed. The usage or practice which has its origin in the general agreement of the people should be carefully preserved, as well as that which is established by a king; provided such usage be not opposed to one's own dharma—JA^gNYAVALKYA. - 152. Where no express law is found, one should be established on approved usage.—See Coleb. Dig. Vol. I. p. 95. Wyawasthá. Wyavasthá Wyavasthá. Authority. Wyawasthá. What has been practised by good and virtuous men of the twice born classes, if it be not Authority. inconsistent with the legal customs of provinces or districts, of classes and families, let the king ostahlssh. MANU. Ch. VIII. V. 46. The use of law is only to prevent multiform practices at the will of the men of the present generation. Where many texts of law are inconsistent, or many interpretations of the same text are contradictory, usage alone can be received as a rule (of conduct). But where no (positive) ordinance is found, there is nothing inconsistent with any known law, and in that case approved usage alone must regulate the proceedings. Still, however, the example of learned and virtuous Bráhmanas should be followed.—Coleb. Dig. Vol. I. p. 96. 153. A family migrating from one to another country is entitled to the benefit of the laws of the former country, provided it have uniformly observed the religious ordinances peculiar to such country, otherwise it must be subject to the laws of the latter country. .جمع 命 Mahámáyáis claim as heir to her husband to the moiety of an estate, was dismissed, on proof that her husband's brother succeeded to the whole estate (previous to the grant of the Dewanny) under a custom’ by which it always devolved entire to one heir. But it was at the same time provided, in conformity with a general maxim of the Hindu law, that the plaintiff, as a member of the family, should receive (as she appeared to have before done) a maintenance from the estate. Musst. Mahāmāyā Debi versus Gouri Kánta Choudhuri—23rd May 1808. S. D. Rep. Vol. I. p. 236. Y 3 Remarks. Wyavasthá. Савез. bearing on the yyawaatbás • Nos, 147 &T148. -
