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1 Digest of Civil Law for the Punjab: Chiefly Based on the Customary Law as at Present Judicially Ascertained 1896

handle is hein.beal/dgstcvlw0001 and id is 1 raw text is: RATTIGAN'S DIGEST OF CIVIL LAW FOR THE PUNJAB. FIFTH EDITION. epiniono of tfr Vr0%. A Digest of Civil Law for the Punjab, chiefly based on the Customary Laws as at present judicially ascertained : by W. H. Rattigan (Lincoln's Inn), Barrister-at-Law. LAW, either digested or set forth in detail, is, as a rule, not by any means fascinating reading for the bulk of men, yet we venture to think that Mr. W. H. Rattigan's Digest of Pun- jab Customary Law will be found in- teresting reading, not only to students of law, but to students of human nature everywhere; and to all who care to learn in a succinct form something of the unwritten common law of a large section of the Indian people - law which has survived through ages, and remained almost unchanged amid the change, decay, and overthrow of successive dynasties to the present day. Mr. W. H. Rattigan has brought together and systematized a vast fund of legal knowledge, based on the cus- tomary law of the Punjab, and the decisions of the Chief Court, reported- and unreported, on such subjects as Succession, Alienation, Marriage, Ten- ure of Land, Adoption and others of a like nature, all of them bearing inti- mately on the social conditions and habits of the people, which will do more to throw light on, and spread knowledge regarding, the people of the North-West of India than many books much more pretentious. One of the chief charms of this Digest is, that the statements are brief and clear, entirely destitute of circum- locution, and each statement is backed up by an array of Authorities and Illustrations, which are of the highest value, not only as guides to the legal practitioner, but as sources of informa- tion to all students who desire to ac- quire a knowledge of what, after all, is in some respects one of the most important subjects of study, viz., the social barriers within which a people have existed, even when written law and authority were overturned in anarchy, and the rule of the strongest trampled in the dust political and legal rights. Mr. Rattigan says in his preface :- It had long been felt by those best acquainted with the habits and customs of the rural popu- lation that neither the Shara nor the Shastras really exercised any direct influence among them in regard to such matters (matters pertaining to the domain of private rights) ; and it was also known that the Hindu and Muhammadan, though differing in religion, were often united together in the village community, as it was natural they should be, by the same common rules regarding the devolu- tion and disposal of property, which in theory, and frequently in practice, was recognized as involving a com- munity of interests. To put these customary laws in the form of a few simple propositions, including rules that, it is believed, will be accepted by Hindu and Muhammadan alike, is the task which Mr. Rattigan has set be- fore him, with the ulterior object of assisting any future effort to reduce to a more or less definite code the whole customary laws of the Punjab. So far as the present work goes, and it is a supplement to, and further Digest of, principles enunciated in the larger treatise which was the joint a

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