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الله المعيان من كذالك

من كندا الفت

عاقة

AN

ANALYTICAL DIGEST

OF ALL

THE REPORTED CASES

DECIDED IN THE

SUPREME COURTS OF JUDICATURE IN INDIA,

IN THE

COURTS OF THE HON. EAST-INDIA COMPANY,

AND ON APPEAL FROM INDIA,

BY HER MAJESTY IN COUNCIL.

TOGETHER WITH AN INTRODUCTION,

NOTES, ILLUSTRATIVE AND EXPLANATORY, AND AN APPENDIX.

BY

WILLIAM H. MORLEY,

OF THE MIDDLE TEMPLE, ESQUIRE, BARRISTER-AT-LAW,

MEMBER OF THE ROYAL ASIATIC SOCIETY, AND OF THE ASIATIC SOCIETY OF PARIS.

IF IT BE ASKED HOW THE LAW SHALL BE ASCERTAINED WHEN PARTICULAR CASES ARE
NOT COMPRISED UNDER ANY OF THE GENERAL RULES, THE ANSWER IS THIS: THAT
WHICH WELL-INSTRUCTED BRAHMANS PROPOUND SHALL BE HELD INCONTESTABLE LAW."
MENU, B. xii. v. 108.

IN TWO VOLUMES.

VOL. II.

CONTAINING THE APPENDIX.

LONDON:

WM. H. ALLEN AND Co., LEADENHALL STREET;

V. AND R. STEVENS AND G. S. NORTON, 26 BELL YARD, LINCOLN'S INN,

AND 194 FLEET STREET;

OSTELL AND LEPAGE, CALCUTTA.

MDCCC XLIX.

"THE DOCTRINE OF THE LAW THEN IS THIS : THAT PRECEDENTS AND RULES MUST BE FOLLOWED, UNLESS FLATLY ABSURD AND UNJUST: FOR THOUGH THEIR REASON BE NOT OBVIOUS AT FIRST VIEW, YET WE OWE SUCH A DEFERENCE TO FORMER TIMES AS NOT TO SUPPOSE THAT THEY ACTED WHOLLY WITHOUT CONSIDERATION. UPON THE WHOLE, WE MAY TAKE IT AS A GENERAL RULE, THAT THE DECISIONS OF THE COURTS OF JUSTICE ARE THE EVIDENCE OF WHAT IS COMMON LAW:' IN THE SAME MANNER AS, IN THE CIVIL LAW, WHAT THE EMPEROR HAD ONCE DETERMINED WAS TO SERVE FOR A GUIDE FOR THE FUTURE."

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Blackstone's Commentaries, Introd. Sec. 3.

Entered at Stationers' Pall,

AND REGISTERED IN INDIA ACCORDING TO ACT XX. OF 1847.

LONDON: PRINTED BY WILLIAM WATTS,

CROWN COURT, TEMPLE BAR.

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