tion in the Celestial Empire, and comprises a general Code of laws, Civil, Fiscal, Ritual, Military, and Criminal, together with such as are relative to public works.

The Javan law is divided into two departments, that depending upon the Muhammadan law, and that which rests upon custom and tradition: the former called Hukm Allah, and the latter Yúdha Nagára. The Muhammadan law decisions are guided by the Arabic works on law, or rather by a collection of opinions extracted from them, and translated into the Javan language. The law of custom is chiefly handed down in oral tradition, but is also contained, in a great measure, in two works, one by Júgul Múdah Páteh, which is computed to be about six hundred years old, and another by Rája Kápa. The first compilation of the Javan laws, in which they were somewhat blended with the Muhammadan jurisprudence, was made by order of the first Musulmán prince of Demák. Another work of this description which is in high estimation is the Súria Alam: it will be found translated into English in Sir Stamford Raffles' History of Java.1 In the latter work there is also an abstract of some of the laws said to have been in force in the earliest periods to which Javan tradition refers.2 The proclamations, and the laws and regulations of the Sovereign, form another source of deviation from the Muhammadan law. Collections of these have been committed to writing.3

It is not probable that the Hebrew laws, grafted by the Rabbinical writers on the Code contained in the Old Testament, will ever be received or administered in India: those, however, who are curious in the matter, will find ample information as to the Jewish laws of succession and marriage, in the works of the learned Selden.*

1 Raffles' History of Java, Vol. II. Appendix, C. p. xxxviii. 8vo. Lond. 1830. 2d. edit.

* Ib. Appendix, C. p. li.

Ib. Vol. I. pp. 312, 313.

+ J. Seldeni Uxor Ebraica, seu deNuptiis et Divortiis ex Jure Civili veterum Ebræorum, Libri Tres, Ejusdem De Successionibus ad Leges Ebræorum in Bona defunctorum. Edit. nov. 4to. Francof. 1695.

In addition to the above, several races, as the Khonds and some others, might be ranged under the present head; but these have no pretension to laws of their own.

It is evident, from this rapid sketch, that the class of natives of India who are neither Hindús nor Muhammadans rely in most instances almost entirely upon custom; that they are either destitute of particular laws; that such laws are unknown or forgotten, or laid aside; or, lastly, that they have adopted modifications of the Hindú and Musulmán systems of jurisprudence.

Such is the present state of things; and the uncertainty caused by it, which has called forth the express complaint of the more influential portion of this class of natives, seems to require the prompt and active interference of the legislature.

VI. ACCOUNT OF THE REPORTS OF DECIDED CASES, AND CONCLUSION.

Before concluding this Introduction, I shall give a short account of the Reports from which the cases contained in the Digest have been collected.

The decisions of the Judicial Committee of the Privy Council are taken from the Reports of Knapp and Moore, from the Indian Appeal Cases collected and published separately by the latter gentleman, and from a valuable collection of the printed cases in Indian Appeals, with the judgments annexed, prepared and arranged by Mr. Lawford. I have added a few from MS. notes taken by myself in the Council Chamber.

The cases decided in the Supreme Court at Calcutta are derived from the following sources:

Notes of decided cases by the late Sir Edward Hyde East, Baronet, formerly Chief Justice of the Court. These notes are printed in extenso in the second volume of this work. They were originally placed at my disposal in MS., by the late learned Judge; and they are now published for the first time, by the kind permission of the present Baronet, Sir James East, M.P.,

These notes will be found to contain many most important decisions on points of native law, and questions relating to the jurisdiction of the Court.

Reports of cases inserted by way of illustration, by Sir Francis Macnaghten, formerly a Judge of the Court, in his Considerations on the Hindú Law as current in Bengal, published in the year 1824. These Reports, from the nature of the work from which they are extracted, are of course confined to cases involving questions of Hindú law.

The notes of cases contained in Mr. Longueville Clarke's editions of the Rules and Orders of the Supreme Court, published in 1829; of the additional Rules and Orders which appeared in the same year; and of the Rules and Orders for 1831-32, published in 1834. These notes of cases are very valuable, many of those in the two latter collections containing the judgments in full, and relating to points of native law of the greatest interest.

The Reports by Mr. Bignell, published in 1831. A single number only of these Reports appeared. The cases are fully and ably reported.

The notes of cases inserted in Mr. Smoult's Collection of Orders on the Plea Side of the Supreme Court at Calcutta, from 1774 to 1813 inclusive, published in 1834. These notes are succinct, but highly useful, and comprise decisions, principally on points of practice, from the year 1774 to 1798.

A Note-book by the late Mr. E. D. Barwell, formerly a barrister of the Court, containing MS. notes of decisions in the Supreme Court at Calcutta. Some of these notes are extracted from the MSS. of Mr. L. Clarke, and that gentleman has kindly authorised me to make use of them.

A Collection of decisions of the Supreme Court at Calcutta, published by Mr. Morton in 1841. This Collection is principally compiled from the MS. notes of Sir R. Chambers, C.J., Mr. Justice Hyde', and other Judges of the Court; and the

1 These MS. notes of Sir R. Chambers and Mr. Justice Hyde, which were also liberally made use of in Mr. Smoult's collection, comprise decisions. of the Supreme Court at Calcutta from the year 1774 to 1798.

The

cases relate almost exclusively to questions altogether peculiar to India. It is needless to add that it is a work of the greatest utility and authority.

The Reports by Mr. Fulton, of which the first volume was published in the year 1845. This volume comprises cases decided between the years 1842 and 1844. Mr. Fulton has since returned to England, and I am not aware that any Reports have been undertaken in continuation of his work.

The only collection of the decisions of the Supreme Court at Madras is that published by Sir Thomas Strange, C.J. This work appeared in the year 1816, and comprises three volumes. The cases are clearly set forth, and the judgments frequently given entire; but, from the paucity of the materials placed at the disposition of the learned Judges at that period, the decisions of the Court, where they relate to questions of native law, must be taken with some reservation.

For the decisions of the Supreme Court at Bombay I am indebted to the kindness of Sir Erskine Perry, who now presides in that Court. These decisions have not been before published, and will be found printed verbatim in the second volume of this work. They gain additional authority from the fact of the MS. having been carefully revised and corrected by the learned Chief Justice himself.

The first printed Reports of cases decided in the Courts of the Honourable East-India Company were published by Sir William Hay Macnaghten, when Register of the Sudder Dewanny Adawlut at Calcutta, in which Court the cases were determined. A second edition of the first two volumes appeared in the year 1827, and the Reports were subsequently continued in their present form. Those contained in the first volume were chiefly prepared by Mr. Dorin, afterwards a Judge of the Court. The notes appended to the cases in this first volume are entitled to weight, as having been written or approved by the Judges by whom the cases were decided; and those explanatory of intricate

volumes in which they are contained were presented by Lady Chambers, the widow of Sir Robert, to the Supreme Court at Calcutta.-See Smoult and Ryan's Rules and Orders, Vol. I., Pref. p. xxvii.

points of Hindú law are most especially valuable, as coming from the pen of the learned Henry Colebrooke. The second, third, and part of the fourth volumes, were also published by Sir William Macnaghten the later cases in the fourth volume, were selected and prepared by Mr. C. Udney, his successor in the office of Register. The cases contained in volume the fifth were reported by Mr. J. Sutherland: those given in the sixth and seventh volumes have no reporter's name affixed, but they were approved by the Court, and were, as I believe, prepared by the Registers. These Reports are still in progress.

Reports of summary cases determined in the Sudder Dewanny Adawlut at Calcutta from the years 1841 to 1846 were appended to the seventh volume of the above-mentioned collection. In the year 1845 a selection of Reports of summary cases was published separately, containing selected decisions from the year 1834 to 1841, the former year being the period at which the summary and miscellaneous department of the business of the Court was first entrusted to one Judge.

Reports of cases, chiefly in summary appeals decided in the Sudder Dewanny Adawlut at Calcutta, were published by Mr. Sevestre, one of the Pleaders of the Court. Volume the first of this collection comprises three parts, and was completed in the year 1842. I have received five parts of the second volume, which bring these valuable Reports down to September 1846, in which year the fifth part appeared. The cases are inserted in the Digest to that period.

The decisions of the Sudder Dewanny Adawlut at Calcutta, recorded in English, in conformity to Act XII. of 1843, are now published monthly. This collection was commenced in the year 1845, by order of the Right Honourable the Governor of Bengal.

Reports of the decisions of the Sudder Dewanny Adawlut of the North-Western Provinces, recorded in English, in pursuance of Act XII. of 1843, were commenced in April 1846, and are still in course of publication.

The decisions of the Zillah Courts of the Lower Provinces, recorded in English, according to Act XII. of 1843, are also printed monthly, in the same form as the two preceding collections.