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IX. On Hindu Courts of Jiislice. By Henry Thomas Colebrooke, Esq., 



Director R.A.S. 



Read May 24, 1828. 



The composition of an Indian court of justice, conformably with the 

 ancient Hindu institutions, being very imperfectly understood, and many 

 erroneous notions having become prevalent on this subject, it appears to 

 deserve a more full investigation than it has yet undergone ; and, with this 

 view, I submit to the Society the result of a careful perusal of original 

 authorities of Hindu law relating to that point. 



The following is an abstract,* from very ample disquisitions, contained 

 in treatises of Indian jurisprudence. 



An assembly for the administration of justice is of various sorts : either 

 stationary, being held in the town or village ; or moveable, being held in 

 field or forest ; or it is a tribunal superintended by the chief judge 

 appointed by the sovereign, and entrusted witli the royal seal to empower 

 him to summon parties ; or it is a court held before the sovereign in person. 

 The two first of these are constituted at the request of parties, who solicit 

 congnizance and determination of their differences ; they are not established 

 by operation of law, nor by the act of the king, but by voluntary consent. 

 The two last are courts of judicature, established by the sovereign's autho- 

 rity : such a court is resorted to for relief as occasions occur, and not, as 

 the first-mentioned, constituted merely for the particular purpose. 



To accommodate or determine a dispute between contending parties, 

 the heads of the family, or the chiefs of the society, or the inhabitants of 

 the town or village, select a referee approved by both parties. 



Among persons who roam the forest, an assembly for terminating litiga- 

 tion is to be held in the wilderness ; among those who belong to an army, 

 in the camp ; and among merchants and artisans, in their societies. 



* A short extract from this treatise was communicated to Mr. H. St. George Tucker, for 

 insertion in the Appendix to his work on the financial state of the East-India Company. 



