4 Mr. Mayne on the Administration of Native Lavj 



Secondly, that provision should be made for the gradual 

 development and modification of this system of law, in ac- 

 cordance with the growth and improvement of the people 

 themselves. 



Thirdly, that every Native should be allowed to adopt the 

 legal status of the conquerors — such adoption to be final, but 

 to be made without prejudice to any existing rights. 



Fourthly, that all adjective law, and all substantive law, in 

 which public interests are concerned, should be regulated ac- 

 cording to the best principles of known jurisprudence, with- 

 out any reference to existing usages, further than policy 

 may dictate. 



Let us examine how far our administration of justice to 

 the Natives has been in accordance with these rules. 



The first point is to a certain extent provided for by ex- 

 press statute. The Regulation which constituted the Mo- 

 fussil Courts enacts that " in suits regarding succession, 

 inheritance, marriage, and caste, and all religious usages and 

 institutions, the Muhammadan laws with respect to Muham- 

 madans, and the Hindu laws with regard to Hindus are to 

 be considered as the general rules by which the Judges are 

 to form their decisions." Curiously enough, nothing is said 

 in this regulation about suits founded on contracts, nor are 

 the J udges required to pay any regard to the native system 

 of land-tenures. The Charter of the Supreme Court of Ma- 

 dras supplied this deficiency as regards contracts. It is pro- 

 vided that " in the cases of Muhammadans or Gentoos, their 

 inheritance and succession to lands, rents and goods, and all 

 matters of contract and dealing between party and par- 

 ty shall be determined in the case of the Muhammadans by 

 the laws and usages of the Muhammadans, and where the 

 parties are Gentoos, by the laws and usages of the Gentoos, 

 or by such laws and usages as the same would have been de- 



