36 Mr. Mayne on the Administration of Native Law. 



Another point of great importance is, that every legisla- 

 tive improvement, which is introduced in England, should 

 be extended to India, if suitable. This is more especially 

 necessary in regard to mercantile law. British merchants 

 ought to be able to feel that their obligations in every part of 

 Her Majesty's dominions are governed by the same princi- 

 ples ; and it is essential to them that their counsel in London 

 should be able to advise them with as much safety as to the 

 validity of a contract made in Calcutta, as if it had been 

 made in Liverpool. Yet many most important statutes, such 

 as the Bills of Lading Amendment Act, and the Mercantile 

 Law Amendment Act, have never been extended to India. 

 In all such cases the lav/ of the two countries begins to. 

 diverge, and the decisions of the English Courts cease to be 

 guides for the Indian Judges. Probably much of this short- 

 coming arose from the severe labour which was cast upon 

 Sir Barnes Peacock during his last years of office, in carrying 

 through the three great Codes of 1859 and 1860. His suc- 

 cessor has got a comparatively clear- field before him, and we 

 may well hope that the great reputation which Mr. H. S. 

 Maine has already gained as a scientific jurist, will be eclipsed 

 by his achievements in practical legislation. 



August 1863. J. D. M. 



