20 



HINDU LAW IN MADRAS IN 1714. 



meme on prouveroit que le pere a employe d' argent emprunte 

 en des depenses folles et indignes d'un honneste homme, 

 quand meine le fils renonceroit a l'heritage, il sera toujours 

 condamne a payer les dettes de son pere." The same prin- 

 ciple was observed amongst undivided brothers, living to- 

 gether under the management of the eldest. The manager 

 of such a family was obliged to discharge the debts incurred 

 by a spendthrift member, who would nevertheless continue 

 to share the family estate equally with the others ; the reason 

 being that the eldest brother was supposed to have become 

 the father, and the others were used to throw themselves at 

 his feet in return for his protection. But the rule did not 

 apply to females. 



This very remarkable and important maxim is directly 

 opposed to the Hindu law as administered by the Madras 

 High Court, but probably accurately represents the Indian 

 idea of duty as between father and son. The Thessa Waleme, 

 or book of the customs of the Tamils of Ceylon, tells us that 

 in that island, where the English have not thought fit to 

 interfere with the customs of the natives, " Although the 

 parents do not leave anything, the sons are nevertheless bound 

 to pay the debts contracted by their parents ; and although 

 the sons have not at the time the means of paying such 

 debts, they nevertheless remain at all times accountable for 

 the same ; which usage is a hard measure, though according 

 to the laws of the country." Possibly it tends to restrain 

 profligate fathers of families, who, according to the Sanskrit 

 proverb, are the " enemies of their sons." 



J. H. Nelson. 



