s. 6. Power to appoint natives of Reproduced by s. 95. 8. 2. 34 & 35 Vict. c. 34, S. I. Repealed, S. L. R. Act, 1883. Power to vary form of execu- Reproduced by s. 33 (3). The Indian Councils Act, 1871. Validation of Acts of local Reproduced by s. 79 (c). risdiction over European British subjects. 8. 2. Committal of European British Not reproduced. Superseded s. 1. Appointment to Council of Reproduced by s. 3 (6). 43 Vict. c. 3, 8. I. 8. 2. India of persons with pro- The Indian Salaries and Allowances Act, 1880. Short title Allowances of certain officials for equipment and voyage. Not eproduced. Spent. Reproduced by ss. 80, 113 (1). 8. 3. Power to fix salaries and Reproduced by s. 113 (1). archdeacons of Calcutta, Madras, and Bombay. Saving as to salaries at com- Not reproduced. Personal. mencement of Act. 8. 4. Charges on Indian revenues Reproduced by ss. 80, 113. Session and Title and Short Contents. Remarks. 44 & 45 Vict. c. 63, S. I. The Indian Office Auditor Act, 1881. Superannuation allowance of Reproduced by s. 30 (10) and s. 5. Power of Governor-General in Such laws to have same force as Acts Not reproduced. There is no of Parliament. such provision in 24 & 25 Vict. c. 67. to be judicially noticed by Not reproduced. As to Indian all courts. courts, see Indian Act I of Restriction on legislation af- Reproduced by s. 63 (3). s. 6. Power to place Indian Marine Left outstanding. 52 & 53 Vict. c. 65, s. 1. 8. 2. 55 & 56 Vict. c. 14, Service under Naval Dis cipline Act in time of war. 8. 1. Increase of number of mem- Reproduced by ss. 60, 71, 73. bers of Indian legislative 8. 2. councils. Business at legislative meet- Reproduced by ss. 64, 77. 8. 3. Meaning of expressions re- Reproduced by 8. 60. 8. 4. Vacancies in number of addi- Reproduced by s. 88. 3 Edw. VII, The Contracts (India Office) Reproduced by s. 32. C. II. 4 Edw. VII, c. 26. Act, 1903. The Indian Councils Act, Reproduced by s. 39. 1904. CHAPTER IV APPLICATION OF ENGLISH LAW TO NATIVES OF INDIA 1 duction of India. ENGLISH law was introduced into India by the charters Introunder which courts of justice were established for the three English presidency towns of Madras, Bombay, and Calcutta. The law into charters introduced the English common and statute law in force at the time, so far as it was applicable to Indian circumstances. The precise date at which English law was so introduced has been a matter of controversy. For instance, it has been doubted whether the English statute of 1728, under which Nuncomar was hanged, was in force in Calcutta at the time of his trial, or of the commission of his offence. So also there has been room for argument as to whether particular English statutes, such as the Mortmain Act, are sufficiently applicable to the circumstances of India as to be in force 1 This chapter is based on a paper read before the Society of Comparative Legislation in 1896. Among the most accessible authorities on the subject of this chapter are Harington's Analysis of the Bengal Regulations, Beaufort's Digest of the Criminal Law of the Presidency of Fort William, the introduction to Morley's Digest of Indian Cases, the editions published by the Indian Legislative Department of the Statutes relating to India, of the general Acts of the Governor-General in Council, and of the Provincial Codes, and the Index to the enactments relating to India. The numerous volumes of reports by Select Committees and by the Indian Law Commissioners contain a mine of information which has never been properly worked. The best books on existing Hindu law are those by Mr. J. D. Mayne and by West (Sir Raymond) and Bühler, written for the Madras and Bombay points of view respectively. Sir R. K. Wilson has published a useful Digest of Anglo-Mahomedan Law. Reference should also be made to the series of Tagore Law Lectures. Mr. C. L. Tupper and Sir W. H. Rattigan have written on the customary law of the Punjab. On the general subject dealt with by this chapter see Bryce, Studies in History and Jurisprudence, Essay II. |