INHERITANCE, GIFT, WILL, SALE
AND MORTGAGE;

WITH AN INTRODUCTION

ON THE LAWS OF THE BENGAL PRESIDENCY.

BY F. E. ELBERLING, ESQ.

OF THE DANISH CIVIL SERVICE.

Nulli me mancipavi, nullius nomen fero. Multum magnorum vivorum
judicio tribuo: aliquid et meo vindico. SENECA.

Madras:

Re-printed from the Serampore Edition of 1844.

FOR J. HIGGINBOTHAM, AT THE ASYLUM PRESS,
BY WILLIAM THOMAS.

1856.

PREFACE.

IN the performance of his official duties the Author has strongly felt the necessity of a somewhat more then superficial knowledge of the law of the country. The legal provisions that the Mahomedan and the Hindu Law are to be expounded by the Law officers, and that not even the smallest particle of positive knowledge of the essential part of the existing law is therefore requisite for a judicial functionary, may have been proper at the time, and may still be convenient to many, but it hardly comports with the opinions prevalent in the present age of the duties and capacities of a Judge; nor can any enlightened and conscientious man willingly follow the opinions of men, to whose legal knowledge and integrity little, if any, deference can be paid. To apply for information regarding the mere rudiments of the law, as, for instance, whether a Mussulman who has relatives, can dispose of his whole estate by will; whether Dower is a gift under the Mahomedan Law; or whether a Hindu widow has the unlimited disposal of her husband's Estate, and so forth, is derogatory to the respectability of the office and of the functionary, and in very intricate matters, it is scarcely possible, without some knowledge of the principles which rule the legal points in the case, to put the requisite questions to the Law officers, so as to secure a clear and satisfactory answer. At present it is far from uncommon for the Courts to disregard the legal provision, and to decide even doubtful questions of Mahomedan or Hindu Law without any reference to the opinion of their Law officers; and insignificant as the legal knowledge of a 'Judge might have been in former times, their actual knowledge is undoubtedly far greater, and may reasonably be expected to increase in the same proportion as access to it becomes facilitated.