পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/২৫

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XXl The work entitled “Treatise on Inheritance, Gift, Will, Sale, and Mortgage” by F. E. Elberling Esq., late of the Danish Civil Service, contains some principles of the Hindu law, and on the whole is a good compendium, but as regards the Hindu law cannot be viewed as quite a safe guide. Although the author has acted judiciously in citing authorities and precedents in support of the principles contained in his work, yet his precaution seems to havo sometimes failed him. The author appears totally unacquainted with the Sanscrit language, in which (to use the expression of Sir William Jones) the Hindu laws are for the most part locked up; and more could not theregre be expected from one, whose knowledge of the sources of that law is so limited. Steele's Summary of the Law and Custom of Hindu Castes, printed by order of the Governor in Council of Bombay, is inconvenient for reference, on account of a want of proper arrangeinent; but it contains a mass of useful information and may always be consulted with advantage. He divides his work into three parts, law, castes, and existing customs: the two latter divisions are especially useful, as containing a quantity of matter not to be met with in any other English book. Colebrooke's Treatise on Obligations and Contracts hardly comes within the class of works treating of IIindu law, inasmuch as it relates to the subject of contracts generally ; he has, however, illustrated the law of contracts throughout by references to the Hindu system ; and the student will find much that is valuable regarding that system under those titles which the learned author has completed. Unfortunately the work was never finished, and the preface and preliminary matter, promised by the author in the first and only published volume, have never seen the light. g The tract written by Rājā Rámmohan Ráy treats chiefly of proprietory right, supported by citations of authorities ; the Sanserit texts quoted being accompanied with English translations. It would have been a great benefit to the public had similar essays on the other heads of our law been written by that eminent scholar. - The Table of Successions by Bábu Prosanno Kumār Tagore, a living authority of great experience and repute, is a very ingenious production : it presents in one view the whole order of succession to property whether that of males or females, with useful and explanatory notes. It is in fact a Digest of the Digests, but requires ability to understand the plan and master the contents. I have, I think, given an all but complete list of the works which treat of the vyavahsira branch of our law. It remains to notice how justice is administered in accordance with that law on which so many works are extant. The judges, barristers, pleaders, and 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 qualifieations, a knowledge of the law and of the practice and observances of this Court, in which he was so many years the Chief Judge.” And Sir Francis Macnaghten too remarks :-" Upon tho right of a Hindu to disposo of his property by will, I have seen the opinion of Mr. Colebrooke, and I need not add that there is not any man whose opinions may justly command a greater degree of deference.” The author of these pages has perused whatever has fallen from Mr. Colebrooke with great attention, and found him most accurate and doep, resulting from a thorough study of the Sanscrit books of law mentioned by him, books the whole of which are rarely read by the majority of the lawyers of any school.