পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৭২৯

VYA VASTEIA”-ID AIR.PANA.. 6O7 On receipt of the above letter, GREY, C. Jr. recorded his judgment as follows:– “We have before us a most important document, I mean the letter signed by the five judges of the Sudder Dewanny, in reply to a letter addressed to them by the judges of this Court, requesting a statement from them of what the decisions of the Sudder Dewanny had been on this point of Hindu law. It is impossible to say, after the communications we have received from the judges of the Sudder Dewanny, that the doctrine on this point laid down in Mr. William Macnaghten's book, would be acted upon in that Court as the Hindu law of Bengal; but it is undoubtedly the general law of the IIindus, but in Bengal a different usage prevails. This in no degree alters the very high opinion which I entertain of Mr. Macnaghten’s work; it is a work which evinees the greatest research and soundest judgment, and must always be esteemed as a very valuable authority. FRANks, J. concurred in the judgment of the Chief Justice. RYAN, J. “I concur in the judgment of the Court. Surely the law on this subjcct ought now to be considered as finally set at rest. The decisions of this Court were uniform from the time of its establishment, until the publication of Mr. Wm. Macnaghten’s book; and it can be a matter of no wonder that we were for a short time misled by his authority. I myself was the first to fall into the error, and nonsuited a party in a suit in ciectment, entirely on his statement of the IIindu law, but on further consideration, I think I was wrong. Shortly after his book had raised these doubts, the present case was brought forward, and the Court have had the advantage of an able and elaborate argument by the bar on both sides of the question ; the Judges have most deliberately considered the matter; they have examined all the former deeisions of this Court, and they have the unanimous opinion of the sive Judges of the highest native Court in India. It is under these eircumstances that the Court now unanimously determine, that the doubts," which they did entertain in consequence of Mr. Wm. Macnaghten’s work, no longer exist, and they return to those doctrines which have universally prevailed in this Court since its establishment. I therefore hopěthe question is now finally settled. Clarke's Notes of Decided Cases, pp. 115--118. GREY, FRANKs & RYAN, JUDGEs. Legal opinions delivered in, and admitted by, the several courts of judicature, ix 路 影 歌 爱 * and eramined and approved of by Sir William Macnaghten. о. А Shūdra, having no male issue, and having disposed of his eldest daughter in marriage, makes a gift of his whole property, movable and immovable, while his maiden daughter and wife are living, to such eldest à laughter, and then dies. In this case, is the donee entitled as explanatory of his view of the law : in the latter part whereof he quoted Colebrooke's opinion as contained in the last paragraph of his letter of 22nd July 1812 above quoted, and thus remarked, alluding to Sir William Macnaghten. “Now I imagine Mr. Henry Colebrooke to be the highest European authority on matters of Hindu law; but supposing others to be equally well read, no one can be placed in competition with him as to the two ಘೀ knowledge of the law and of the practice and observances of this Court, in which he was so many years the chief judge.” Clarke's Notes of Đecided Cascs, p. 111.