power of alienation, to be regulated only by native law. What appears to us to be a singular distinction in the Hindú system as to property is, the division of it into "ancestral" and "self-acquired: "—thus, if any of the first be lost in the time of the ancestor, and recovered by the heir, it is no longer looked upon as ancestral, but considered as self-acquired— while what has been acquired through the use of the patrimony is deemed ancestral (a). Very much as if an Englishman who, as heir-at-law, had recovered by ejectment his ancestor's estate, should forthwith become, not the heir to his father as regarded that estate-but an original Purchaser and Possessor for valuable consideration. Another very material difference prevails in Hindú law as to property-which is, that whilst with us land descends to the heir-at-law, and the personal goods vest in a personal representative; by the Hindú law, real and personal estate are alike descendible to the same relatives, and subject to the same incumbrances (b). This being so, Property is again divided into distinct relations:

1. Family property; in which the head of the family is a quasi trustee for numerous interests; and which the Shastras have shewn great anxiety to protect. By them, the sons of a man are considered as having with their father, by birth, so far a co-ordinate interest in that part of it which is ancestral, that if he thinks proper to come to a partition of it in his lifetime, he must divide it in certain given proportions, that is, to them and himself in equal shares; nor is it in his power to alienate any considerable portion of it without their concurrence. Ancestral land is, with the Hindoos, like dignities with us, inherent in the blood. The attempt to alienate, without the privity and concurrence of all proper parties and with all due forms, is treated as a symptom of insanity, and void upon that ground; precisely the effect of the Roman law in the case of an "inofficious testament" (c).

2. Into private, separate, or self-acquired property; acquired by one not the head of a family, and enjoyed and (a) Menu; ch. ix. 209. 3 Dig. 343. (b) Strange, vol. i. 17.

(c) 2 Dig. 118.

disposed of by him as he pleases, his heirs or descendants not being objects of legal care. He has full power to alienate it, without consulting any one. This is declared by the Hindú law to be, "the act of a person who is his own master, and consequently valid” (a).

3. "Stridáná; or, emphatically "Woman's Property," the term being derived from sri, a female, and dhana, wealth, not necessarily meaning money; it may consist of any thing of value, as land, &c., but, as it more usually does, of jewels or other ornaments. To this class of property very peculiar rules are applicable-some of them not unlike what we understand by the term "separate use." To constitute it, it must have been the gift, not of a stranger, but of a husband or some one or other of the owner's near relations. The Stridáná of a married woman is hers absolutely, and at her death in the lifetime of her husband, it descends in a course of inheritance peculiar to itself (b).

4. The property of "Religious Institutions," regulated by laws not unlike our own, when the property devoted to charitable purposes is not inheritable at all as private property, but the possession and management of it passes by inheritance subject to the charitable use.

5. Property partaking of "Jura Regalia," which it is unnecessary further to refer to.

One word as to the title to property. A valid title by the Hindú law is only such when possession has been obtained under it, and for this possession of part is possession of the whole. To make a complete legal title, there must be "juris et seizinæ conjunctio." Occupancy alone is not sufficient to constitute a right without a title; and the production of a title will not suffice, unsupported by occupancy-a right resulting only from the union of both. A title, however, may be inferred from length of possession-the Hindú law being, in this respect, substantially our own. Blackstone says (c), Occupancy may, by length of time and negligence of him

(a) 2 Dig. 156.

(b) Strange, ch. x. on Widowhood, p. 246.
(c) 2 Blackst. Comm. 196, twelfth edition.

who has the right, ripen by degrees into a perfect and indefeasible title" (a).

With regard to the Hindú law of Inheritance, I had proposed to go a little more into detail in a subsequent part of this paper, comparing its principal elements with the Mahomadan and English laws upon the same subject. This, it had occurred to me, would be interesting to the meeting as a matter of curiosity-giving, as it were, a bird's-eye view over a branch of jurisprudence, in itself of paramount importance to every member of a community; but I found that the statement of it would necessarily have occupied so much of your time that I have deferred it.

A paper upon Hindú law, without some notice of the Punchayeti, or Courts of Arbitration, would be incomplete (b). These were either stationary, being held in the town or village; or moveable, held in field or forest—a tribunal superintended by a chief judge, appointed by the rajah or sovereign, or by the sovereign himself in person. These courts were constituted by voluntary consent of the parties, as to the arbitrators. To accommodate or determine a dispute between the contending parties, the heads of the family, or the chief men of the society, or the inhabitants of the town or village, selected a referee approved by both parties. Amongst persons who lived in the forest, the assembly for determining litigation was held in the wilderness; among those who belonged to the army, in the camp; and among merchants and artisans, in their societies. The places of resort for redress were-1. The court of the sovereign, who was assisted by learned Brahmins or assessors; it was ambulatory, like our Curia Regis, being held where the king abided or sojourned. 2. The tribunal of the chief judge, appointed by the

(a) A remarkable case occurred in 1810. The question put to the Pundits of the court was this: "If the proprietor of a property authorize another to take possession of it, and perform his funeral ceremonies after his death, and die, leaving an heir-at-law, is the latter disinherited?" The answer was"The gift of the owner in his lifetime was competent; and takes effect upon his death."

(b) By H. T. Colebrooke. Extracted from Tucker's Financial Statement. 1 Strange, 321.

sovereign, and sitting with three or more assessors; this was a stationary court, held at an appointed place. 3. Inferior judges, appointed by the sovereign for local jurisdiction.

The gradations of Arbitration were three. 1. Assemblies of townsmen, or meeting of persons belonging to various tribes, and following different professions, but inhabiting the same place. 2. Companies of traders or artisans, conventions of persons belonging to different tribes, but subsisting by the exercise of the same calling. 3. Meetings of kinsmen, or assemblages of relations connected by consanguinity.

The technical terms in the Hindú law for these three gradations of assemblies were also three. 1. Pugâ, 2. Sriní, and 3. Culá. Their decisions or awards were subject to revision -an unsatisfactory decision of the Culá or Family was revised by the Sriní or Company, as less liable to suspicion of partiality than the kindred-an unfavourable decision of fellow-artisans was revised by the "Pugâ," or assembly of inhabitants, who were still less to be suspected of partiality. From the award of the Pugâ, or assembly, an appeal might be had to the Court of the Chief Judge, and thence to the Rajah or Sovereign in person. Thus the Punchâyeti were not in the nature of a jury, or a rustic tribunal, but merely a system of arbitration, subordinate to regularly constituted Tribunals or Courts of Justice.

2. As to Mahomadan Law.

The Korân, as before stated, is the foundation of all Mahomadan Law. In the firm belief of all good Musselmen, it is a work of divine origin and inspiration-the basis of all law-religious, civil, and criminal. As the Arabs, at the time when the Korân was first promulgated by Mahomet -a period designated by Musselmen writers as the "Age of Ignorance" (a), were spread over that part of the globe which had been in the possession of the ancient Jewish race, so the law as expounded by the Korân bears a remarkable similarity to the Jewish law; we meet with singular coincidences at every step. The state of Christianity, at that time divided. into endless schisms and contentions, torn to pieces as it were (a) Sale's Preliminary Discourse, Sect. 1.

by the perpetual controversies of Nestorians, Arians, Sabellians, and others, was in a most corrupt state. The Jews, an inconsiderable and despised people in all other parts of the world, were in Arabia all-powerful, which it is believed was an inducement with Mahomet to endeavour to attach them to his interests. This probably may, in some degree, account for this great similarity in the two laws.

The next authority in Mahomadan law is the Sunnâhs (precepts), or Hadîs (traditions), or the body of Oral law, supposed to contain the actions, precepts, and sayings of Mahomet himself, not written during his life, but preserved and handed down to his posterity by authorized persons. There are other sources of Mahomadan law, more especially the Ijmâa, or a collection of decisions of the immediate followers of the prophet, collected by learned men called Hafiz (preservers) (a), which is looked up to with veneration by all Musselmen. Another called the "Hidayah," hereafter mentioned. The sect which is known by the name of AbuHanifah, a great writer on law, and who lived in the eighth century, embraces almost the whole of the Mahomadan world (b); his character is described by one of his disciples in the most high-flown terms, and the universality of his influence may perhaps be accounted for, as it is said of Hanífâh, "that if he were to assert a wooden pillar was made of gold, he would prove it to you by argument." Another Another says, "that no study whatever would enable any man to rival Hanífâh in his knowledge of the law." It appears indeed from the best authorities, that he was a man eminently endowed with science, both speculative and practical-of a mild disposition and tolerating principles, pious, abstinent, charitable, and accomplished beyond all others in legal knowledge. His diffidence is said to have increased with the extent of his acquirements. He died in prison, committed for refusing to be made a kazi or judge. It is said that he read over the Korân in this prison no less than seven thousand times. Mahomadanism, as my hearers well know, is also divided into two great and

(a) An appellation given to any one who knows the Korân by heart. (b) Sale's Preliminary Discourse, Sect. 8, p. 155.