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and of local, special, and personal laws; and, lastly, in the exemptions of the backward parts of India called the Scheduled Districts 1 from the operation of rules too elaborate for their inhabitants or administrators. In writing the introductions and notes, I have freely used Sources of

the introthe Statements of Objects and Reasons by which, according ductions to the practice of the Indian legislatures, all Bills are accom- and notes. panied, and the reports of Select Committees by which they are followed. The speeches made in the Viceregal Council have also furnished some valuable matter. The introduction to the Penal Code is to a large extent founded on Macaulay's notes to the draft. The introduction and notes to the Succession Act are for the most part taken from my own edition of that Code. In the introductions and notes to the Codes of which I was the draftsman, I have embodied the memoranda made before and while drawing the Bills. Some useful hints have also been got from the commentaries published in India by Messrs. Chalmers, Collett, Field, Henderson, J. M. Macpherson, Macrae, Mayne, Morgan and A. G. Macpherson, Rattigan, and Shaw, and from a letter received in the beginning of 1886 from Mr. R. J. Crosthwaite, now Judicial Commissioner of the Central Provinces. But my principal source of help has been the decisions of the High Court judges ? published in the Indian Reports from 1862 to 1886 inclusive-decisions which not only throw light on the ideas and customs of the people of India 3, but are, as a rule

Instruments Act, sec. 1: the Transfer of Property Act, secs. 2, 98, 106, 108, 117, 129: the Trusts Act, sec. 1 : the Easements Act, secs. 2, 18, 20.

1 They are enumerated in Act XIV of 1874, sched. I.

. But few cases relating to the Indian Codes have hitherto come before the Judicial Committee of the Privy Council.

• See, for instance, in the case of the Penal Code, infra, pp. 117, n. 2 : 123, n. 5 : 127, notes 1, 3: 145, n. 6 : 149, n. 1: 170, n. 2 : 194, n. 5 : 205, n.

1: 207, n. 2 : 208, notes 1, 3: 209, n. 5: 210, n. 3: 218, n.9: 219, n. 3 : 230, n. 7: 232, n. 5 : 238, n. 2 : 249, n. 5: 250, n. 7: 253, n. 4: 269, n. 1: 281, notes 2, 3, and 4: 283, n. 8: 288, n. 2 ; in the case of the Contract Act, infra, pp. 546, n. 1 : 559, notes 3, 4: 594, n. 4: 648, n. 3: in the case of the Negotiable Instruments Act, p. 673, n. 3: in the case of the Transfer of Property Act, pp. 770, n. 5: 801, n. 4: in the case of the Specific Relief Act, 978,

note 3

Criticisms on the Codes.

(if I may say so without impertinence), admirable for their logicality and learning. Of these judgments none can be read with more pleasure, and few with more profit, than those of the Hindú Muttusámi Ayyár and the Muhammadan Sayyid Mahmud. For the subtle races that produce such lawyers", no legal doctrine can be too refined, no legal machinery can be too elaborate.

A word in conclusion as to the criticisms which I have ventured to make on the Codes for which Macaulay, Sir Barnes Peacock, Mr. William Macpherson (the draftsman of the Succession Act and the Contract Act), Sir Henry Maine, Sir Fitzjames Stephen, and Lord Hobhouse are answerable either personally or officially. Mr. Pollock (and no one, surely, is better entitled to express an opinion on the subject) says ? that the Indian Codes are the best models yet produced ; at the same time they are by no means faultless. It is easy to see various points in which they are capable of improvement, though it must be remembered that for the purposes of Indian administration labour and ingenuity would not improbably be thrown away in working them up to the refined exactness which is an English lawyer's ideal.' Feeling as I do the justice of this courteous censure, my criticisms have been made with a view to the amendment by the legislature of the Codes to which they relate, and not with any pleasure in picking holes in the work of men who, in the opinion of all competent judges, rank with the greatest among the many benefactors that England has given to India.

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Bom. ............

..........

Agra ....

Reports of the High Court of Judicature for the North

Western Provinces, by Munshi Hanuman Pershad and

Lálá Lálita Pershad, vols. i-iv, Agra, 1867, 1868. gra F. B.

Reports etc. containing Full Bench Rulings, Agra, 1867. All.

Indian Law Reports, Allahabad Series, vols. i-viii, Alla

habad, 1876-1886. Ben. ....... Bengal Law Reports, vols. i–xv (1868–1875). Ben. F. B.. Full Bench Rulings of the High Court at Fort William,

Calcutta, 1874.
Indian Law Reports, Bombay Series, vols. i-x, Bombay,

1876–1886. Bom. H.C. Reports of Cases decided in the High Court of Bombay,

vols. i-xii, Bombay, 1867-1875. Borr.

Borrodaile's Reports of Civil Causes adjudged by the Court

of Sudur Udalut for the Presidency of Bombay, vols. i, ii,

Bombay, 1825. Bouln.

Reports of Cases in the Supreme Court at Fort William

(1856-1859), by C. Boulnois. Bourke

Reports of Cases ... in the High Court of Judicature at

Fort William, by Walter M. Bourke, Calcutta, 1867. Cal.

Indian Law Reports, Calcutta Series, vols. i-xii, Calcutta,

1876-1886. Fulton

Reports of Cases in the Supreme Court of Judicature at

Fort William, Calcutta, by J. W. Fulton, 1845. Hyde.

Reports of Cases, etc., by E. Hyde. Two vols., Calcutta, 1864. Ind. Jur., N.S. The Indian Jurist, New Series (Jan. 1866-Sept. 1867). Mad,

Indian Law Reports, Madras Series, vols. i-ix, Madras,

1876–1886. Mad. H.C. Reports of Cases decided in the High Court of Madras, vols.

i-viii, 1864-1876. Marshall Reports of Cases on Appeal, Calcutta, by W. Marshall, 1864. Morl. Dig.

An Analytical Digest of all the reported Cases decided in

the Supreme Courts of Judicature in India, etc., by

W. H. Morley, London, 1850, vols. i-iii. Morton

Decisions of the Supreme Court of Judicature at Fort

William, by T. C. Morton, Calcutta, 1841. N.W.P. = Reports of Cases heard and determined in the High Court,

N.W. Provinces, vols. i-vii, Allahabad, 1873-1875. Perry........... Cases illustrative of Oriental Life and the application of Eng.

lish Law to India, by Sir Erskine Perry, London, 1853. S. D. A.

Reports of Cases determined in the Courts of Sudder

Dewanny Adawlut, vols. i–xxiv, Calcutta, 1846-1871. Sevestre......... = Reports of Cases on Appeal, by A. Sevestre, vol. ii, Calcutta,

1866. The Weekly Reporter, Appellate High Court, vols. i-xxvi,

by D. Sutherland, Calcutta, 1864-1876. Suth. 1864.

Sutherland's Reports of Decisions of the Appellate High

Court from January to July, 1864, Calcutta, 1867. Suth. Sp. N. ...

Special Number of the Weekly Reporter ... containing Full

Bench Rulings from July 1862 to July 1864, Calcutta. Tayl. & Bell.... Reports of Cases heard and determined in the Supreme

Court of Judicature at Fort William in Bengal, vols. i and

ii, Calcutta, 1851-1853. With the exception of Maddock's reports of cases temp.

Plumer V.C. and Leach V.C., the English Reports bave been cited in the usual manner.

Suth. ............

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